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05-21-13 Regular Meeting MinutesMAY 21, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 21, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. W. Douglas Hood, Jr., Senior Pastor with First Presbyterian Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Mayor Glickstein stated he would like to observe a moment of silence for the victims in Oklahoma. 4. APPROVAL OF NHNUTES: Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of April 16, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: 5.A. Life Saving Award Presentation rccognizing Jude Diaz and Rachael Diaz Danielle Connor, Fire Chief, presented plaques to the Diaz Family recognizing Jude Diaz and Rachael Diaz. 05/21/13 S.B. Recognizing and commending Delray Medical Center for being designated as a Level I Trauma Center by the State of Florida Mayor Glickstein presented this item and Mr. Mark Bryan came forward and gave a few brief comments. 6. Comments and Inquiries on Agenda and Non - Agenda Items from the Public Immediately Following Presentations 6.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 6.B. From the Public. 6.13.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated starting in 2007 the previous City Manager rubber stamped a yearly survey costing the City approximately $11,000 annually and asked the new City Manager to not to continue that wasteful practice for the following reasons: (1) the City was to receive an accurate statistically balanced survey weighted to reflect the proper demographic composition of the entire community which was not done and they showed 88% of the population is registered to vote and 85% voted in the last election and that is over ten times the real numbers obtained from public records, (2) from 2007 -2013 yearly changes were miniscule and fell within the margin of error so as to make accurate trending impossible, (3) the survey results are to be used for community planning and resource allocation, etc. and even when focusing on areas specific to Delray Beach he found no useful information and the only value would be to falsely show others Delray cares about their citizens, (4) comparing Delray to university towns, farming communities, and factory towns, etc. is like comparing a shoelace to a piece of spaghetti. Mr. Blum stated using the tax dollars to enhance the Town Hall meetings would be a much better choice and a much more reliable one. 6.B.2. Mitzi Kaetz, 110 N.E. 6rh Street, Delray Beach, FL 33445 (speaking on behalf of S.A.F.E.), stated in February 2012 the City asked for citizen input on 2012 infrastructure improvements and S.A.F.E. offered 14 suggestions and one of those suggestions pointed out that several ped signals on Atlantic Avenue were not accessible and cited the ped signal on the southeast corner of S.E. 0 Avenue. On March 6, 2013 in an email to the Planning and Zoning staff, S.A.F.E. elaborated that the ped signals on both east 2nd Avenues and east 4t' Avenues did not appear to be compliant with the American Disabilities Act. On December 12, 2012, in the City report to the Planning and Zoning Board the City stated that this is a maintenance issue that will be handled by Public Works but no action has been taken. Ms. Kaetz stated she and another S.A.F.E. member conducted their own study of ped signals primarily along Atlantic Avenue from A -1 -A to Swinton Avenue. Ms. Kaetz briefly reviewed S.A.F.E.'s report and identified numerous items and distributed S.A.F.E.'s report with photos to the City Manager and Mayor Glickstein. She suggested that the City should undertake its own study to 2 05/21/13 determine how ped signals can become ADA compliant and how pedestrian safety and use may be best encouraged. 6.11.3. Margo Vinik 824 La go Road Delray Beach FL 33445 stated the City of Delray Beach began fluoridating its water in 1991 because certain information was not readily available over the internet. Ms. Vink stated according to a 1996 United States public health service study of the dental records of 39,000 children ages 5 -17 from 84 areas in the United States Water Fluoridation is not effective in reducing tooth decay. She stated a New Zealand Department of Health Study done on 60,000 children ages 12- 13 also showed water fluoridation has no effect on tooth decay. Ms. Vinik read into the record a brief statement regarding the alleged health risks associated with water fluoridation. She urged the City of Delray Beach to discontinue water fluoridation immediately. 6.B.4. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated Item 8.G. and Item 9.C. on the Agenda concern the finances of the City and asked if those items were presented to the Financial Review Board (FRB) for discussion before tonight's agenda. In addition, Ms. Morrison stated the budget issue that was voted on a few weeks ago had not been discussed with FRB either. Ms. Morrison stated if the FRB is not going to be used properly she asked the Commission to disband it and not waste the Board members' time. Mayor Glickstein thanked Lula Butler, Janet Meeks, and Commissioner Gray for organizing last night's Youth Town Hall Meeting with over 200 kids mostly middle school and high school. Mr. Frankel also commended Rich Reade and Elizabeth Burrows. 7. AGENDA APPROVAL. The City Attorney requested that Item 10.A., Ordinance No. 10 -13, be moved to a date certain of June 4, 2013 at 7:00 p.m. Mrs. Petrolia requested that Item 8.K.3., Award of Bids and Contracts, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL /GULFSTREAM VILLAS AT HERITAGE LANDINGS: Approve a final plat for a proposed fifteen (15) unit townhouse development being platted as Gulfstream Villas at Heritage Landings, located at the southwest corner of Gulfstream Boulevard and Webb Avenue. 05/21/13 8.B. REQUEST FOR A SIDEWALK DEFERRAL /511 SEAGATE DRIVE: Approve an agreement to defer installing a sidewalk along Seagate Drive for the property located at 511 Seagate Drive. 8.C. PAYMENT/ CSX TRANSPORTATION, INC. (CSXT): Approve a payment to CSX Transportation, Inc., (CSXT) in the amount of $56,263.00 for additional costs related to the reconstruction of the S.W. 10th Street railroad crossing. Funding is available from 334 - 3162 -541 -46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 8.D. MODIFICATION TO THE JOINT PARTICIPATION AGREEMENT (JPA)/ FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ DOWNTOWN ROUNDABOUT TROLLEY: Approve a modification to the Joint Participation Agreement (JPA) for the Florida Department of Transportation (FDOT) to provide additional grant funding for the Downtown Roundabout Trolley. S.E. INTERLOCAL AGREEMENT/ SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, (SFRTA): Approve an Interlocal Agreement with the South Florida Regional Transportation Authority (SFRTA), to accept grant funding in an amount not to exceed $75,000.00 per year for two (2) years for the Downtown Roundabout Shuttle Bus service. 8.F. AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve an agreement between the City and the Achievement Centers for Children and Families (ACCF) in an amount not to exceed $120,000.00 for a summer camp with reading enhancements to help further third grade reading proficiency through the campaign for grade level reading. Funding is available from 118- 1931 -562- 82.09 (Neighborhood Services: Aid to Private Organization/Community Child Care Center). 8.G. RESOLUTION NO. 29 -13: Approval to amend Resolution No. 47 -08, adopted by the City Commission on September 16, 2008, authorizing the issuance of City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable) (the "Bonds ") for the sole purpose of extending the final maturity of the bonds to September 1, 2013; authorizing the proper officers of the City of Delray Beach, Florida to do all things deemed necessary or advisable in connection with such amendment. The caption of Resolution No. 29 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION (THE "COMMISSION ") OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 47 -08, ADOPTED BY THE COMMISSION ON SEPTEMBER 16, 2008, AUTHORIZING THE ISSUANCE OF DELRAY BEACH, FLORIDA REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE) (THE "BONDS ") FOR THE SOLE PURPOSE OF 4 05/21 /13 EXTENDING THE FINAL MATURITY OF THE BONDS TO SEPTEMBER 1, 2013; AUTHORIZING THE PROPER OFFICERS OF THE CITY OF DELRAY BEACH, FLORIDA TO DO ALL THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH SUCH AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 29 -13 is on file in the City Clerk's office.) 8.H. SPECIAL EVENT REQUEST/ 4TH OF JULY FESTIVITIES: Approve a special event request for the 4th of July Festivities, including granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E. /S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25, "Commercial Enterprises ", and 101.32 "Assemblies" to allow assembly on the beach and vendors; to allow all beach parking lots to remain open until approximately midnight; and to approve staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. 8.I. PROCLAMATIONS: 1. Civility Month — May 2013 2. Knights of Pythagoras Mentoring Network's Ladies of Distinction Day — May 11, 2013 3. CJ Foundation — May 11, 2013 4. National Emergency Medical Services Week — May 19 -25, 2013 5. Water Reuse Week — May 19 -25, 2013 6. National Public Works Week — May 19 -25, 2013 7. National Missing Children's Day — May 25, 2013 8. Juneteenth —June 15, 2013 S.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 6, 2013 through May 17, 2013. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Lawn Wizard in the amount of $63,449.00 for landscape maintenance at three (3) I -95 Interchanges. Funding is 5 05/21/13 available from 119 - 4144 - 572 -46.40 (Beautification Trust Fund: Repair & Maintenance Services/Beautification Maintenance). 2. Bid award to Rust Wizard, Inc. in an amount not to exceed of $43,000.00 for anti-rust chemicals in the City's irrigation systems. Funding is available from 119- 4144 - 572 -52.21 (Beautification Trust Fund: Operating Supplies /Chemicals). 3. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 4. Purchase award to International Surveillance Technology, Inc. in the amount of $188,336.37 for replacement of the aging covert surveillance vehicle. Funding is available from 501- 3312 -591- 64.25 (Garage Fund: Machinery/Equipment Heavy Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AWARD OF BIDS AND CONTRACTS: to multiple vendors in the amount of $1,468,363.00 for the purchase of forty-four (44) replacement vehicles and the installation of equipment in thirty -one (31) of those replacement vehicles. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery/Equipment/Automotive) and 501- 3312 -591 -64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment). Randal Krejcarek, City Engineer, stated this is the annual purchase for fleet vehicles. Mrs. Petrolia stated she asked that this item be moved from the Consent Agenda to the Regular Agenda because she is unfamiliar with the age of the fleet. She stated the City just had a ten (10) vehicle replacement with the Police Department and would like the ability to become more educated and understand this better since this is about a $1.5 million expenditure on top of approximately $800,000. Mr. Krejcarek stated the fleet is approximately 530 vehicles or so and approximately 10 -15% gets replaced every year. He stated the City looks at mileage, maintenance costs and explained that the spreadsheet in the agenda backup shows the vehicles that are being replaced, the year that they were purchased, the purchase price, how much the City spent since the purchase to date on maintenance and what percentage that maintenance is of the original purchase cost. Mr. Krejcarek stated the majority of the cars have 100,000 miles on them and the use of the vehicle is also looked at. He stated through the use of the vehicle sometimes they require more maintenance because of the type of vehicle they are. Mr. Krejcarek stated this year in the CIP there will be a line item for vehicle replacement and rehabilitation. He stated when the application is appropriate staff looks at alternative fuel 05/21/13 vehicles. Mr. Krejcarek stated if it is a heavy duty police vehicle or a construction vehicle they are not going to go in with an electric car. The City Manager stated the first purchase the City did was primarily Chevrolet vehicles and that purchase was timed based on the expiration of a bid price and this vehicle has more Ford type vehicles that had a longer timeline attached to them. The City Manager reiterated that they were broken up to take advantage of the purchase price that was available for the GM products versus the Ford products now. Mrs. Petrolia asked what happens to the vehicles after they are no longer being used. Mr. Krejcarek stated the vehicles are auctioned and the City receives more through the auction process than they do if they were to trade them in which goes back into the General Fund. Mayor Glickstein stated there have been some offers to build some fueling stations in town and asked if there has been any dialogue about that. Mr. Krejcarek stated there was discussion at one time about constructing a fueling station west of Delray Beach (441). Mr. Krejcarek stated in the past when the City tried to purchase alternative fuel vehicles they ended up having to go to West Palm Beach to fuel. Mr. Krejcarek stated as the stations come on the City will have more opportunity. Mayor Glickstein asked if with that type of fueling station in terms of asking someone to look at the city and maybe there is another location to build that if there is some understanding that future fleet purchases would use that fuel source. Brief discussion between Mr. Krejcarek and Mayor Glickstein continued. Mayor Glickstein asked if this was a piggyback contract in the sense of the State bid system where staff was able to achieve some scale economies on the purchase by adding this to other municipality purchases or was it a stand -alone purchase. Mr. Krejcarek stated these were purchases that utilized current contract prices that were not based on the City's volume being added to their volume but it was based on their volume alone. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.K.3.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUEST/ ED MORSE CADILLAC: Consider approval of a waiver request to Section 2.4.6(F), "Temporary Use Permit ", to allow a temporary office trailer for Ed Morse Cadillac, located at 2300 South Federal Highway. (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. Mayor Glickstein asked the Commission to disclose their ex pwie communications. The Commission had no ex parte communications to disclose. 7 05/21/13 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -122 into the record. Mr. Dorling stated this is a waiver request associated with an approval for a temporary trailer for the Ed Morse Cadillac site and is located on the west side of Federal Highway across from Delray Plaza. He stated there was a recent application which involved tearing down this facility and doing some changes. Mr. Dorling stated that was considered by SPRAB on October 24, 2012, for a Class III site plan modification which involved modification and reconfiguration of a parking area and construction of a 4,150 square foot drop -off customer service canopy and renovation of the existing service center and showroom offices. Mr. Dorling stated Ed Morse Cadillac is now requesting approval to place a 1,440 square foot temporary trailer in the area immediately south of the existing sales office to house sales staff while the main showroom office is going through renovations. He stated this has to go through a waiver process because in the LDRs under LDR Section 2.4.6(F), Temporary Use Permit, which can be issued but this is not one of those uses that is identified as a temporary use option. Mr. Dorling stated the Commission is waiving those to include this office under that temporary use section and granting that waiver and allowing this to be placed onsite. Mr. Dorling stated there is a reference in the conditions that four (4) parking spaces be temporarily relocated; because of the location of the trailer those do not function and when this is removed they would be reinstalled and would function appropriately. Staff recommends approval subject to conditions 1 -4 in the staff report. Chris Barry, Jon E. Schmidt & Associates for Morse Operations (applicant), stated they agree with staff's determination and they are in agreement with the conditions of approval. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, briefly spoke in favor of the project and urged the Commission to support. There was no cross - examination or rebuttal. 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. Jacquet moved to adopt the Board Order approving the waiver, seconded by Mrs. Gray. Upon roll call the Commission voted as follows. Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 8 05/21/13 9.B. UTILITY SERVICE LINE WARRANTY PROGRAM AGREEMENT, RESIDENT LETTER & FEES: Consider approval of the proposed Agreement with Utility Service Partners (d/b /a Service Line Warranties of America) to offer a voluntary utility service line warranty program to homeowners. The City Manager urged the Commission not to vote in favor of it primarily because it asks that the City endorse a service in the form of the use of the City's logo and accept a fee in exchange for that logo service. The City Manager stated they are free to offer the service without the City logo but it makes it appear that the City has endorsed it as a product. Mrs. Gray stated she thought it would be helpful to the residents. The City Manager stated as a business they are free to offer the service to people but he feels they are asking the City to endorse in the form of having our logo on their stationery. The City Manager stated he strongly objects to this because it would set a terrible precedent. The City Manager stated the Environmental Services statistics say that only 4% of the households in Delray Beach have a problem in this portion of their yard and if you are one of those 4% it can be costly but it is not a problem that is experienced by the vast majority of people in the city. Mr. Jacquet stated he did not have a problem with this company offering their services but expressed concern about the idea of having the City's logo being placed on a private company's letter to the residents as if the City is endorsing that particular company and believes this is bad business practice. Mr. Jacquet moved to deny, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion to DENY was passed with a 5 to. 0 vote. 9.C. PROPOSAL/PUBLIC FINANCIAL MANAGEMENT GROUP: Consider a proposal with Public Financial Management (PFM) Group for Budget Model Forecasting. Funding is available from 334 - 6111 - 519 -66.10 (General Construction Fund: Books/Publications /Software). David Boyd, Finance Director, stated the new City Manager is going to handle the budget process in a different way which primarily means that he as the Finance Director will be doing it. Mr. Boyd stated in order for him to take the information and narrow it down into a balanced budget to bring to the City Manager and the Commission the first time staff has to have the proper tools. Mr. Boyd stated the existing budget model that the City has is 30 years old and it is built into the financial reporting system the City has and possesses very limited capabilities. Mr. Boyd stated staff essentially enters data into it and print it out and there is no running surplus deficit numbers. Mr. Boyd stated there is no multi-year of revenues and expenses so if you are making a decision today on something that is going to add an expense to the bottom line 9 05/21/13 F you do not know three years from now what that affect is going to be and there are no "what if' scenarios or comparisons. Mr. Boyd stated there are no graphical capabilities in the City's current system. He stated staff is looking at this system that they are asking Commission to approve it as a temporary tool that can be used as a bridge between what we have now and what we will have two years in the future. Mr. Boyd stated it will be approximately two years before the budget module will be up and running. Mr. Boyd stated this system will allow everyone involved in the budget process to get acclimated to a new way of putting a budget together and without some tool that allows you to project and run "what if' scenarios it is hard to move to a new type of budget process from the one that we currently have. Mr. Boyd stated staff currently does not have that tool and requested the Commission approve this purchase. The City Manager stated staff is in the process of taking proposals on acquisition of a new financial system but does not feel they should hold their reform of the budgetary process for the one plus years that it is going to take to implement that system. The City Manager stated staff would like to make the reforms in the upcoming budget year and urged the Commission to approve this as a sole source contract. He stated there are not a whole lot of places that staff can go that can give us the product that we need in the timeline that staff is asking to have that accomplished in. The City Manager stated staff will probably get two budget years out of it while staff is doing the overall financial system and it would end up being an excellent expenditure. Mrs. Petrolia asked how staff found Public Financial Management (PFM). Mr. Boyd stated he attended an 8 hour seminar and PFM was one of the presenters. Mrs. Petrolia asked how quickly will this be up and running. Mr. Boyd stated you can actually use the 5 year capability of it because that way if you are making a decision that is going to have a reaching impact you can see what that impact will be. He stated this goes beyond the 2 years and staff will incorporate into the new budget module. Mrs. Petrolia clarified that with regards to Ms. Morrison's question about not talking to the Financial Review Board (FRB) about this was because of the immediacy and that this is the sole source. Mr. Jacquet asked how much the permanent program will be. Mr. Boyd stated this will be up to $80,000. Mr. Jacquet asked how much the City will be spending after these two years to have something concrete in place that we will be using on a regular basis annually. Mr. Boyd stated that will be part of a larger package and will be the annual maintenance costs. Mr. Jacquet asked staff to explain why this is sole source. The City Attorney stated the immediacy maybe should not be a factor that the Commission can consider for sole source. Mr. Boyd stated this is something that they have the basic framework built and they have to customize it for the City's particular needs. The City Manager stated usually the package interfaces with the main financial package and this is a unique one that allows the City to purchase it as a free - standing item. 10 05/21/13 It was the consensus of the Commission to give direction to staff to go ahead and come back with a contract on June 4, 2013 and confirm how other people had also dealt with this and get some better information on the sole source aspect of this. 9.D. OFFICE OF INSPECTOR GENERAL: Discuss a lawsuit filed against Palm Beach County contesting the funding mechanism the County set up for the Inspector General. The City Attorney stated this item has been placed on the agenda primarily because the City has received criticism for being a party to this lawsuit. The City Attorney stated Delray Beach joined this lawsuit with 14 other municipalities and noted that the City was not contesting the formation of the Inspector General (IG) but it was the funding of the IG. He stated some of the ordinances the County had in place or had to go along with the ballot language that they had passed that was approved by the voters talked about a 2.5% funding a contract fee that was based on contracts that the City would let out and that fee would be attached to those contracts and then the City would remit that fee back to the IG and that would help fund the IG. The City Attorney stated what the County requested is that municipalities report all their operating expenses and other expenditures to the State and there is one lump sum of money. The City Attorney stated the City will look at the IG budget and then assess how much money is paid and that is your percentage of whatever the IG funding is. The City Attorney stated this could have been for any funding mechanism that they wanted to attach it to because in the City's opinion that is an unlawful tax; they do not have the ability to say here is what we are going to do and we are also going to bill the municipalities. The City Attorney stated he believes this aspect of it was not approved by the voters and this is what the City is challenging. The City Attorney recommends that the City continue in the lawsuit at this time and not change our position. For the record, Mr. Frankel read part of the article from today stated by Mr. McMahon with the County Attorney's office "The Palm Beach County Attorney's office admitted that the idea of sending a separate bill to the cities has never been done. This County has never imposed a fee on the cities for a county -wide program. It has never been done by this County. No other County that anyone has cited to the court in this litigation has ever imposed a fee to its cities." Mrs. Gray stated out of these 14 municipalities have any of them decided not to continue the course. The City Attorney stated initially there were 15; Wellington decided to drop out of the lawsuit several months ago and the County had sent out bills and Wellington initially paid those bills but then decided to join the lawsuit. The City Attorney stated it is his understanding that there was a change in the make -up of the Wellington City Commission and they voted to withdraw from the lawsuit. Mr. Jacquet stated he was not part of the Commission that filed suit against the County and he does not believe that the residents should be paying twice for the IG service. Mr. Jacquet fully supports the taxpayers' decisions for the IG. 11 05/21/13 For the benefit of the public, Mayor Glickstein stated the City is all for the Office of the Inspector General and all that it represents in terms of another set of eyes and ears as to government procurement. He stated it is not about the policy or the validity of the office but it is about how to pay for it. Mrs. Petrolia asked if the IG still offers their services to us even though the City is still in this lawsuit. 9.E. CITY MANAGER EVALUATION The City Attorney stated March 2012 the Commission amended its local rules. He stated at the time former Mayor Carney discussed that on the other boards there has always been a review of the Executive Director on an annual basis. In this particular case, the City Attorney stated even though both the City contracts call for a review he believes it has to be done by August sometime. He stated the local rules were amended to provide that the City Commission shall evaluate the City Manager and the City Attorney in the month of May. Mayor Glickstein stated Mr. Chapman came into a city where the methodologies and operating procedures were antiquated. Mayor Glickstein stated he has been very impressed with Mr. Chapman's ability to assimilate various operations, get a handle on where we are, and most importantly pointing out the operating deficiencies and solutions to those deficiencies very quickly. Mayor Glickstein stated he is impressed with Mr. Chapman's ability to move the City forward and he is looking forward to how he has realigned the hierarchy of the city as to more of a corporate model where this Commission is now functioning as a Board of Directors; and, the City Manager as a Chief Operating Officer /Senior Operating Officer interfacing with staff in that the Board of Directors as would be the case in a more typical corporation would have very little or no involvement with staff in that the City Manager is assigning duties to people that have not been utilized to their full extent (i.e. Mr. Boyd). Mr. Jacquet echoed comments expressed by Mayor Glickstein and commended the City Manager for being very hands on. Mr. Jacquet commended Mr. Chapman for what he has done so far and he has everyone understanding what their positions are and getting the strengths out of them and looks forward to the budgetary process. Mrs. Petrolia stated she feels the same way but she is new as is the City Manager. Mrs. Petrolia stated she has not had the opportunity to spend as much time with him as the Mayor has but so far so good. Mrs. Gray stated it has been an honor working with the new City Manager and he gets back with the Commission expeditiously by telephone or emails. She stated the evening the Commission hired Mr. Chapman she mentioned that he was the "cream of the crop" and still believes that today. 12 05/21/13 Mr. Frankel stated he respectfully disagrees with some of the comments regarding former City Manager David Harden. However, Mr. Frankel stated he agrees with all the comments expressed about the new City Manager and feels he has done a wonderful job. At this point, the time being 7:00 p.m., the Commmission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. THIS ITEM HAS BEEN MOVED TO A DATE CERTAIN OF JUNE 4,200 AT 7:00 P.M. 9.F. CITY ATTORNEY EVALUATION Mayor Glickstein stated when he was hired as General Counsel for what was a large private company the CEO of that company who hired him sat him down and said "I want you to understand that you are here not to protect me as the CEO or Senior staff nor are you here to protect the Board of Directors but you are here to protect shareholders." Mayor Glickstein stated the City Attorney is here to protect the residents of this town and is not here to protect this Commission. Mayor Glickstein stated we should always be airing on the side of being very conservative in our positions given that we are dealing with substantial taxpayer money. Mayor Glickstein stated everyone has seen the amount of work that has come through the City Attorney's office and he feels that Mr. Shutt is responsible for shepherding that work through in a very expedient way. Mayor Glickstein stated the issues in the city are becoming more complex and he gives the City Attorney high marks in seeing that workload with a staff of three lawyers. Mayor Glickstein stated he looks at it in terms of what that dollar amount would be if the City were using outside counsel for that keeping in mind that they would probably not receive the personalized service and the quality of work the Commission gets now. Mayor Glickstein stated he asked the City Attorney to be more assertive in terms of if the Commission in discussion in a way that he perceives is not airing on the side of being the most conservative position possible that at least he weigh in and caution Commissioners in terms of the direction in which the discussion is going, and perhaps they may want to rethink that direction if it is not something that is so time sensitive. Mr. Frankel stated he spoke to the City Attorney and informed him that he did not have any issues with him or his staff. Mr. Frankel stated in the three plus years that Mr. Shutt has been the City Attorney he has not found a situation that he has not acted in the most conservative nature. He stated every year the City Attorney's office does a great job and the City Attorney and his staff continue to do so. Mrs. Gray stated as a business person she relies heavily on his professional opinion and she appreciates his calls every Tuesday and he has been wonderful with answering questions. She looks forward to continue to work with the City Attorney. 13 05/21/13 I r Mrs. Petrolia echoed comments expressed by Commissioner Gray and she appreciates how the City Attorney calls to make sure that the Commission knows what is going on and has proven to her invaluable. Mr. Jacquet applauds the City Attorney for his responsiveness and stated he understands the role of the City Attorney that you have to be conservative to protect the city. He stated he agrees that when discussions start to get off topic the City Attorney needs to chime in and bring them back to task. Mr. Jacquet stated the City Attorney is doing an excellent job and reiterated that Mr. Shutt is always available and always gets back to the Commission immediately with responses. 9.G. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two (2) year term ending April 22, 2015 to the Police & Firefighters Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to reappoint Alan Kirschenbaum as a regular member to the Police & Firefighters Retirement System Board of Trustees to serve a two (2) year term ending April 22, 2015, seconded by Mr. Frankel. Upon roil call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.11. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat 42). Mr. Jacquet moved to appoint Patricia Truscello as a regular member to the Public Art Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9_I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term plus a four (4) term ending July 14; 2017. Based upon the rotation system, the recommendation for appointment will be. made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to appoint Gaston Joseph as a regular member to the Delray Beach Housing Authority to serve an unexpired term plus a four (4) year term ending July 14, 2017, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 14 05/21/13 9_J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to appoint Jack Chadam as a regular member to the Police Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to the Financial Review Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to appoint Joe Farkas as a regular member to the Financial Review Board (FRB) to serve an unexpired term plus a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Mayor Glickstein (Seat #5). Mayor Glickstein stated he would like to appoint David Beale as a regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2014. Mr. Frankel so moved, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager items. The City Manager stated he had no comments or inquiries on non - agenda 15 05/21/13 B.B. City Attorney The City Attorney stated he appreciates all the kind words regarding his evaluation and publicly acknowledged the entire staff at the City Attorney's office. B.C. City Commission B.C.I. Mr. Frankel Mr. Frankel commented about the email regarding the attorney that the City Manager selected regarding the Waste Management contract. He would like to know if that attorney has represented any competitors of Waste Management or if there are any potential conflicts for transparency purposes so the Commission can be comfortable with that choice. Secondly, Mr. Frankel stated he received the email regarding the Town Hall Meeting on Thursday, June 6, 2013 at 7:00 p.m. at Old School Square. Mr. Frankel stated at the Organizational Meeting he and Commissioner Jacquet agreed that setting up HOA meetings would be beneficial because at that late hour he does not believe Senior Citizens will come out. Mr. Frankel asked staff to look into setting up these meetings. Mr. Frankel commented about the beach contract and stated although he was not present at the last Workshop meeting he did watch the video and is aware of what occurred with regard to the consensus of the Commission to put it out for an RFP. He stated if the City is going to take a position to cancel this contract or any other contracts like this without cause and potentially in bad faith, he thinks it should require a formal vote from the Commission and it should be an agendaed item and an opportunity for the public to comment on it. Mr. Frankel stated this was discussed last year at the Workshop meeting of May 22, 2012, and at that time the Commission supported Mr. Harden's decision to renew it. The City Attorney stated staff looked at it and there was no further direction given to change the renewal that was done by Mr. Harden. Therefore, the City Attorney stated there was no further action taken and it was continued on as renewed. Mr. Frankel stated because of the significance of the retroactive undoing of a contract it needs to be on the agenda, there needs to be staff presentations, and opportunity for public comment. Mr. Frankel stated the last contract that potentially could have renewed was the insurance contract. The City Attorney stated the Commission did not take action on the current cabana contract; all the Commission did was give direction to go out for an RFP. At that point, the City Attorney stated that is when the Commission will have to make a decision on what they wish to do. Mr. Frankel stated if the sole issue is trying to increase revenues he feels the Commission needs to look at the parking contract and others. 16 05/21/13 Lastly, Mr. Frankel stated with regard to Mr. Blum's comment about the invocation, he noted that the City Clerk always requests that the prayer be non- denominational. 13.C.2. Mrs. Gray Mrs. Gray thanked Lula Butler, Janet Meeks, and Rich Reade for doing an awesome job with organizing the Youth Town Hall Meeting. Secondly, Mrs. Gray inquired about the status of the report about the Advisory Boards and stated she would like clarification on the role of the Financial Review Board. The City Manager stated staff will have this available in June. 13.C.3. Mrs. Petrolia Mrs. Petrolia apologized for not being able to attend the Youth Town Hall Meeting and congratulated everyone. Secondly, Mrs. Petrolia expressed her appreciation for being invited and attending the Police Awards Banquet over the weekend. She stated it was a fantastic turnout and it was a wonderful event. Mrs. Petrolia stated it is important for the Commission to remain consistent. She stated initially there were no speakers to be allowed to talk and then eventually there was and she received a few telephone calls about that. Mrs. Petrolia stated in the fairness of all she reiterated that the Commission keep it consistent. Lastly, Mrs. Petrolia stated she received a request from a Boy Scout Troop that was interested in doing a bonfire on the beach and asked for direction on this from staff even if it is not allowed. 13.C.4. Mr. Jacguet Mr. Jacquet stated at the meeting that Mr. Frankel was in attendance the Commission did mention the May 22, 2012 Workshop meeting. At the end of the meeting comments were initiated by Mr. Frankel and two other Commissioners spoke but nothing in his opinion was said as direction. Mr. Jacquet clarified that this was during comments on the recording but not on paper. He stated on Federal Highway and N.E. 0 on the southwest corner of that intersection there is a political sticker stuck on the sign. With regard to Ms. Vinik's comments about the water fluoridation issue, Mr. Jacquet stated he believes there is enough scientific evidence proving that and she made a valid point. 17 05/21/13 Mr. Jacquet reiterated comments expressed by Commissioner Gray that staff discuss the reorganization of City Boards very soon. The City Manager confirmed that this will be discussed in June. He stated he mentioned to the City Manager last week about South Swinton (three blocks South of Atlantic Avenue) the islands are taking up parking spaces and noted they extend from Bull Bar to almost 2"a Street if not further. Mr. Jacquet stated there are a lot of small businesses there who have been complaining about not having enough space for parking and lighting. He suggested that the City take a look at whether we need to remove them or what the possibilities are or what are the options if the City decides to remove them. Mr. Jacquet stated the Haitian Flag Day on Saturday was very well attended and thanked Mayor Glickstein and Commissioner Petrolia for attending. He stated this was attended by Senator Maria Sachs, Palm Beach County Commissioner Priscilla Taylor, and State Representative Bobby Powell, Jr. Mr. Jacquet stated this was put together by himself and Retired U.S. Army Major Joseph Bernadel from Toussaint L' Ouverture High School; afterwards everyone went to the Tennis Center where they enjoyed music and food. Mr. Jacquet stated this was a remarkable event and thanked Mr. Barcinski for putting it together. Mr. Jacquet thanked Commissioner Gray for her leadership with the Youth Town Hall Meeting and stated it was very well attended and noted it was a phenomenal event. Lastly, Mr. Jacquet stated he supports putting more things out to bid but he expressed concern that the City may be over working its single staff member. He stated if other cities have 3 -7 members of staff and Delray Beach only has one he suggested that we to look into that. Mr. Jacquet stated he would like staff to look into this and get back to him with the information. 13.C.5. Mayor GIickstein Mayor Glickstein stated in terms of the contract issues what happened in the past is really irrelevant. He stated this issue is about revenue and it is also about quality. Mayor Glickstein stated the City is not retroactively changing anything. He explained anything that is revenue generating and we have the ability to go out for RFP because of that 30 -day cancellation clause, these people entered into this contract knowing that term was looming over their head or in the 5th year the City had the ability to revisit that at any time with a 30 day notice. Mayor Glickstein stated with regard to Commissioner Petrolia's comments about consistency during Workshops he and the City Attorney have had discussions about this. Mayor Glickstein stated the City's rules by our collective agreement, do not allow public comment on Workshop items and the reason he asked for input from the public is because this was a party that was not doing business with the City and there was 18 05/21/13 no financial issue involved. He stated in this particular case the community was pushing staff to do something about a certain condition and staff was giving the Commission their opinion and he felt that it was in the Commission's best interest to hear from a spokesman from that neighborhood association. Mayor Glickstein stated he discussed this with the City Attorney about what those criteria would be. Lastly, Mayor Glickstein stated the Office of Inspector General (OIG) made a presentation to the Chamber Government Affairs Committee Friday morning and she mentioned that Palm Beach Gardens had a very good procurement ordinance. He asked the City Manager to look into this so that Delray Beach can define its ordinance. There being no further business, Mayor Glickstein declared the meeting adjourned at 7:53 p.m. ATTEST: AYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 21, 2013 which Minutes were formally approved and adopted by the City Commission on June 4, 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 some amendments, additions or deletions as set forth above. 19 05/21/13 W. THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACK, FLORIDA ORDER OP THE CITY COMMISSION OF THE CITY OF DELRAY BEAcKj FLOWDA, WAIVER. REQUEST RELATING TO A TEMPORARY USE PERMIT TO ALLOW THE USE OF ONE (11). TEMPORARY TRAILER DURING THE. RENOVATION OF THE EX. . I . STI I NG OFFICE CE BUILDING FOR ED MORSE CADILLAC LOCATED AT 2340 SOUTH. FEDERAL HIGHWAY 1 This waiver request to_ allow ate poray use permit' foill'ow tha use of one (1) temporary trailer, during the renovation of1b.p.existing office building came before the City Commission on May 21, 2013. 2. The ApplIcaht and City staff presented documentary evidence and testimony.-to -the Qty Compi.asion pertaining to the waiver request for the temporary us e permit., All of the evidence Required: ce is a. part - oUthe record j. this case, R qtijred: findings are. made in aocordance with Subsection I. I. WAIVER*-. Pursuant to. LDR Section 2.47(B)(5), prior to gran_ ting a waiver,. the approving body shall make A finding: ding. that the granting. of the. wWiVer"-. :(a)- Shall not adversely aff bot.the neighboring area, (4) Shall not significantly di inis hithe provision of public,. facilities- (c) Shall not create an unsafe situation-, and. .(4) Does not: result in the grant- of a special privilege iii that the same waiver would be granted under similar circumstances on other property for another applicant orbwner. A. Waiver to Allow a Temporary Use Permit for One (1) Temporary Trailer at 2300 South Fddetal. Highway:' LOR :Section 2.4_6(17) provides of -a list: of allowable temporary uses.. The Applicant Is requesting. to ction 2.4.0..(F) to, permit the use of one. (1) a waiver Section tobe.ibca ted at Ed Morse- Cadillac at 23GO South Federal Highway. Do subject to. the. conditions -attached 1h Exhibit W Does the Waiver request s, meetall the requirements of 2.4..7( - 15)(5)?; Yes -/' No May 21, 2013 City Commission Meeting; Item 9.A. 3.o The City. CpmM.jssian has applleO the 'G.q _mprebensive Pla .01 acrd �QR teUirer me. is -I in vvs Onto a t 'e fim - - a fh original deve'I opmollt applkat16ri was swbmjftbd ap$fn dotermi ions, sptl9ftil iii. this Orde;T arp. C.,oinstste Itsc mal... stmt with the Comprehensive! Plan. 4. The 0- .61ty Ommiss-lon We there IS, am, pte and competent -stostantilal evidence to supppq--#s% fin di.ngs in the rpcomd. sqb M.itted. and adopts the.-. fodta 1 pqntpined 1- n- -the: rieicord including b uA not limilb.d to Me :staff maportst., tegbffiony of experts and other ,c_OMpetppf--witqes§p_s so pppO i those f ndi ngs Baked Sri the entire „re rd .4p.tot6l the City -Umml 6, i n-.§Om ✓ denies. the waiver rpquest&!tai LDR;Secf n-2l,,4A(.F suW t toy .the z ifiqns.. listed ih txh ibit W* attached' heretm 6. Based on the entire rew-rd. before it. the -0 fy - C$.m i J ; mks.s j�r. �lhoreb tl q adopts this OWO t thi • 21sft d of M b A Vot6 df 5, opposed. 7 ATTEST. ... . ... .. 0 hevelle. Nubjn, City `Gard D. OUO i n,. Mayor 2 May 21, 2093 City Commission Meeting; Item 9.A. Exhibit "A" Conditions Related to the'Walver Request to Allow One (I) Temporary Trailer at Ed, Morse Cadillac Located at 2300 S Puth Fedora I .Highway That the temporary trailer, access; ramp, landscaping; etc.. all' be removed from the proportyond,the area restored concurrent wit h t he is suance of 9 C ertificafe of Occupancy for the showroom new- car: sales office, but in no event. shall the Tomporary Use Permit b6. valid for ilaote than nine (9) roonths from the issuance of same, 2.. That the. fbur parking. spaces directly located to the west of the proposed trailer. be -temporarily deleted from the site, plan as they will interfere with traff1c. circulation,, 3. That the :siting of the temporary trailer must' meet all 11 a plicabl . e building, permit P. requirements including, but not limited to, connection with. appropriate utilKy. services; anal: 4. That a Class 11 site. plan modification Must be processed and bertifi . ed prior to placing the trailer on the. site. 3 May 21, 2013 City Commission Meeting; Item 9.A.