Loading...
05-14-13 Workshop Meeting MinutesWORKSHOP MEETING MAY 14, 2013 A Workshop 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., on Tuesday, May 14, 2013. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Adam Frankel Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Presentation of FY 2012 Audit Report Mr. David Boyd, Finance Director, introduced Scott Porter with the audit firm of Caler, Donten, Levin, Porter & Veil, P.A. an independent auditing firm based in West Palm Beach that audits the financial records of the City. Mr. Porter presented the results of the fiscal year 2012 audit for the City of Delray Beach. Mr. Porter gave a brief overview of the financial statements and focused on some of the financial highlights for 2012 compared to some of the prior years. Mayor Glickstein asked if there is any way to receive the audit report earlier than May. Mrs. Petrolia asked about the undesignated fund balance, tax monies, working capital and the water system operations. Mrs. Gray asked how many auditors the city answers to. She referenced the decrease in expenditures. Mr. Porter stated 80% of the total was a decrease in ad valorem tax. Mr. Jacquet asked about the general fund revenue decrease. Mayor Glickstein inquired about the auditing of other pension funds and asked are auditors seeing change in actuarial rate of return -are they still as high as 7.5% to 8 %. 2. Police & Fire Pension Plan Discussion This item was removed from the agenda. 3. Beach Equipment Rental Concession Request for Proposal (RFP) Mr. Brian Shutt, City Attorney, discussed this item and asked the Commission for direction and referenced the highlights of the RFP. Mrs. Petrolia asked if Commission would consider a five (5) year contract. She asked in reference to quality will the equipment be new. She discussed the maintenance of the equipment and the concession area ( #3). Mr. Shutt stated this was added by Mr. James Scala, Ocean Rescue Superintendent. Mr. Jacquet commented regarding the quality of the equipment and thanked the City Attorney fox adding the language regarding the contract being renewed upon approval by the City Commission. He discussed policies and procedures, going out to bid regarding contracts and being good stewards of taxpayer money. Mrs. Gray asked about the condition of the equipment that is being used now. Mayor Glickstein reiterated the local rules regarding public speaking at workshop meetings. Mrs. Gray asked about the prior renewal. The City Attorney discussed the purchasing inemo, the language in the contract regarding renewal and the May 22, 2012 City Commission Workshop Meeting. Mayor Glickstein stated this is an RFP for anybody that wants to bid on our beach services and comments regarding language about equipment, etc. are important. He asked about a letter from DEP regarding turtle nesting season and the equipment. He asked if the Ocean Rescue superintendent reached out to other agencies to see what they are doing. He stated he would like to see the contract at three (3) years with no renewals. He stated the other issue is revenue and asked why the number is set at the same number as four (4) years ago. Mayor Glickstein stated he would like to see the number reset to a five percent (S %) multiplier across the four years. He stated he is looking for an increase and suggested that $175,000 be the beginning number. In addition, he discussed the language in the proposal. Mr. Jacquet asked what we are receiving now and Mr. Scala stated we are receiving $170,000. He asked if the contract that we have currently can be amended as a five year with no renewal. He stated he does not agree with the way this contract was renewed. Mr. Jacquet stated his lingering concern is the revenue. The Commission continued discussion regarding the RFP. Mr. Jacquet discussed purchasing and stated he likes the language in the RFP and likes the five years with no automatic renewal. Mrs. Pettolia stated the city should begin with $170,000 as the base. Mrs. Gray stated she is fine with a five year contract. It was the consensus of the Commission to have a five year contract with no renewal at $170,000 as a base and new equipment with a proposed start date of October 1, 2013. Mayor Glickstein asked the City Manager to prioritize this RFP to get this out since this is a revenue generating contract. 2 May 14, 2013 4. Discussion regarding Waste ManaLyement Agreement Mrs. Petrolia read a statement into record regarding Waste Management (a copy is attached hereto and made a part of the minutes). She stated it is in the best interest of the taxpaying citizens and it is good public policy to seek a better understanding as to the questions that she and others have. She asked. the City Attorney to prepare and present a legal opinion to the Commission by the next Regular City Commission Meeting and also asked for Commission's support to obtain an outside legal opinion as well. Mr. Jacquet stated he supports Mrs. Petrolia's request and he was opposed to renewing the contract at the time and at the meeting he spoke very loudly against this and his position remains the same. He stated unfortunately the contract was renewed and a few weeks later there was a rate increase that he feels could have been negotiated regarding that contract but it was not. He stated he does not have a problem with obtaining an outside opinion. Mrs. Gray asked the City Attorney, in his opinion, if the city violated its own procurement procedures. Mr. Shutt responded no and explained the process. He stated a lien system is in place for residents who do not pay their collection rates and stated the city does not pay Waste Management any other funds other than the collection the city obtains from the residential collection. Mrs. Gray inquired as to whether this contract is a pass - through. Mr. Shutt stated this is what he termed the contract and stated the city bills residents more than what we give to Waste Management. Mrs. Gray stated she was one of the Commissioners who did vote to not send this out for bid and asked Commissioner Petrolia how she came up with the $12.5 million number. Mrs. Petrolia discussed the number and stated had the city gone out to bid the city more than likely would have seen a reduction. Mrs. Gray discussed BFI and talked regarding the cost to the city to put the contract back out for bid. She stated Commission considered whether there were any complaints regarding Waste Management. In addition, other things were on the table like the trash compactors, etc. when Commission was considering the agreement and stated Waste Management has great partnerships with the city and other programs /organizations. She stated she welcomes the opinion from our counsel but she is not sure what it would cost the city to obtain an outside opinion on something that she is not sure that the city can do anything about since the contract is in place. She asked Mr. Shutt what would it cost the city approximately to go back out for bid or to breach the contract. She stated she is not interested in spending alot of dollars to obtain an outside opinion when the Commission can receive an opinion from the City Attorney. Mrs. Petrolia stated the whole idea of obtaining the opinion is to see if the city can do anything about it. Mayor Glickstein stated the magnitude is such that the public as well as the Commission is entitled to some additional information and feels the City Attorney has done all that he can do up to this point. He provided a summary regarding the contract being assigned to Waste Management in 2012 and discussed there not being a bid. He discussed the purchasing ordinance and sections. 3 May 14, 2013 Mayor Glickstein discussed Florida Law as well and the Office of the Inspector General (OIG) issuing a contract oversight notification to the city and the former city manager's response. He stated this was not a pass through. He stated the economic realities around Delray Beach were that city after city saw rates reduced with competitive bids lost in that reason was the understanding as to what procurement really is and what it accomplishes: getting taxpayers the best possible service for the least amount. He stated transparency is good for our city's image as a fair and honest place to conduct business. He stated he has looked at this many ways and can find no good explanation for this. He stated the city ignored the OIG's warning and the decision not to bid this contract was a bad decision. Mayor Glickstein continued to read his statement into record. He stated procurement is not always about price it has an educational component to it. He stated we owe it to the taxpayers to get an independent opinion and he would like this to go to outside counsel for further review. Mr. Shutt stated in hiring attorneys it is personal services and therefore, the city would seek someone with experience in this but who is also not affiliated with Waste Management or some of their competitors. In addition, he stated he prefers that this goes through the City Manager's office. Mayor Glickstem stated he is fine with Mr. Chapman handling this and the starting place would be to look at our list of law firms who have represented the city and agencies of the city and they can run a conflicts check. Mr. Jacquet stated he supports Mrs. Petrolia's position and stated the city needs to get an outside opinion. He stated the residents deserve this since this is a $65 million contract and discussed breach of contract. Mrs. Gray stated she will go with the majority of the Commission. Mrs. Petrolia stated she has a list of names regarding attorneys and she will turn them over to Mr. Chapman. It was the consensus of Commission to have the City Attomey provide a legal opinion regarding the agreement with Waste Management and for staff to obtain an outside legal opinion to be handled through the City Manager's office. S. Discussion regarding Controlled Parking in Residential Areas Mrs. Lula Butler, Community Improvement Director, stated the item before Commission is a discussion on controlled parking in residential areas and staff has some proposed eligibility criteria for establishing such areas if Commission wants to do this. She stated in considering this staff understands restricted parking areas are generally established to help secure available parking in residential neighborhoods and suggests that alternative parking be sought for non- residents. The programs govern parking restrictions for neighborhoods that are adjacent to corridors that are high traffic generators. She discussed the request from the Marina Historic District. Mrs. Butler stated they looked at alot of cities and in particular the Town of Palm Beach and City of Gainesville. She discussed some of the things staff is proposing regarding the survey, times regarding parking, parking spaces, permits and fees. In addition, Mrs. Butler stated she spoke with the Fire - Rescue and Police Departments regarding this, discussed the departments concerns and the Police Chief and Fire Marshall were present in case Commission had questions. Mayor Glickstein asked what other neighborhoods are looking for this and if this will set a precedent. 4 May 14, 2013 Mrs. Butler stated the neighborhoods on the Barrier Island may look for this since they are impacted by certain events and people going to the beach. Mayor Glickstein stated the precedent is an important factor and like any new policy would like for the city to get this tight out of the gate. Mr. Louie Chapman, Jr., City Manager stated that is why staff prefers objective criteria so all neighborhoods would be placed on equal footing and staff would like at the specifics that trigger the criteria. Mr. Jacquet asked what kind of precedent the city would be setting and concurred with the City Manager regarding the criteria. He asked whether Police and Fire feel this will not be a major issue for them i.e. enforcement regarding putting this in particular areas and asked about the survey. Mrs. Petrolia asked what the residents want out of this as far as the different suggestions. Mrs. Butler stated staff spoke with some of the residents when they were out completing the survey. Mr. Jacquet asked if the city makes anything from towing. He stated he prefers citations. Mrs. Gray asked where the $120 fee will go and discussed citations and the parking study. Mayor Eckstein discussed citations. Police Chief Anthony Strianese discussed parking and stated the police department prefers citations. Mrs. Petrolia discussed parking. Mayor Glickstein stated he supports this and discussed the Marina Historic District and how they are impacted and asked what the next steps are and asked about the survey. Mrs. Butler stated after the survey occurs an ordinance will be proposed with the criteria clearly set for Commission approval. Mr. Chapman stated staff needs direction regarding the fees. Mr. Shutt reiterated that the city cannot mandate that people purchase the parking passes. Mayor Glickstein asked if there was a representative from the Marina District present. Mr. Allan Zeller from the public stated they were present for questions and stated he and Carolyn Patton met with Ms. Rustin and Mr. Randal Krejcarek and summarized the meeting for Commission. Mr. Jacquet asked if the Fire Marshall would like to add regarding Chief Strianese's comments. Mr. Victor Williams, Fire Marshall, discussed the State Fire Code requirement of twenty (20) feet and stated the Fire - Rescue Department will conduct measurements and determine the impact and report it to Mrs. Butler to be included in the survey. 6. U12date on the Grade Level Reading Campaign Mrs. Butler presented this item, provided background information and discussed the origin of the Education Board and what the board does. She also discussed the different programs that began to come into place at the schools in Delray Beach in the past and what has been done currently. She discussed the advantages of having staff in place to work with the School District. 5 May 14, 2013 Mrs. Janet Meeks provided an overview of how the Education Board made a decision to focus on 0 -8 year old children and provided an update on the 3d Grade Level Reading Campaign including statistics, the plan that was put into place, enrollment, demographics, poverty and collected data as well as initiatives. She discussed the three areas of focus: Attendance, Summer Learning and Kindergarten Readiness. The plan is comprised of these three areas. Mr. Guarn Sims, Principal of Village Academy, spoke regarding the school programs, his vision for the school and the city's partnership with the school. Mrs. Kathleen DePuma, Principal of Orchard View, also spoke regarding the city's partnership with them, community partnerships that have been established and programs that have been implemented. Mr. Jacquet thanked both principals and mentioned the Harlem Children's Zone and asked Mr. Sims a variety of questions. Mrs. Gray thanked Mrs. Butler, Mrs. Meeks, Dr. Kaiser, the board for all that they do on behalf of our schools as well as the principals. She stated she is glad the city is bringing Pine Grove Elementary School on board this year with the Grade Level Reading Campaign. Mrs. Gray stated in regards to advocacy, she has been trying to assist with obtaining a field for Village Academy and wants more information on where the city is regarding this. Mrs. Petrolia asked Mrs. Butler if she will reach out to the Commission regarding advocacy with the School Board i.e. writing letters and assisting in any way possible. Mr. Jacquet discussed having lines of communication via the Education Board. Mayor Glickstein spoke regarding Mr. Sims' comment about redefining the scope of work for Mrs. Janet Meeks. Mr. Sims clarified his statement and asked in light of how the children's needs have changed, if the city is maximizing what Mrs. Meeks does. He spoke about public education, the need for more staff and volunteers and advocacy in terms of middle and high school principals organizing together. Mayor Glickstein stated we have so many unsung heroes in this town regarding public education. He stated there is no more important economic driver for this town than its quality of education. He stated we need to figure out a way to reprioritize this in terms of public awareness and stated it is incredible how many people have no idea as to the poverty here. He mentioned advocacy before the school board. Mayor Glickstein stated whatever the Commission can do to support this, staff has it. Mrs. Meeks stated the role Commission can play is getting the right persons appointed to the Education Board because the members are really critical. She stated she informs the new board members upfront that they are a working board and the amount of work and hours involved. Mayor Glickstein suggested that staff make recommendations regarding the appointments. Mr. Jacquet stated one of the reasons he ran for Commission is because of education issues. One of the most important functions of the city is being fully engaged and involved with those who are in education and providing as much support as possible. Mrs. Gray commented regarding the upcoming Youth Town Hall Meeting and asked Janet speak about it. 6 May 14, 2 613 7. Discussion regarding Special Event Policies and Procedures for Street Closures Mr. Robert Barcinski presented this item and stated several concerns have been raised regarding the closure of Atlantic Avenue and the item is before the Commission for guidance and direction. He provided background information and a month to month analysis of events. Mr. Barcinski highlighted certain items from the Special Event Policy and Procedures. He stated several representatives from various organizations were present in the audience. Mayor Glickstein thanked Mr. Barcinski for segregating this information out for the Commission. He stated Commission has been hearing that there are too many events. He referenced quality versus quantity. Mayor Glickstein stated perception is part of this and asked what on the list as provided by Mr. Barcinski is not needed anymore. In addition, he asked who are the events really for: the merchants or people attending the events. He asked Mr. Barcinski to speak candidly about what he would change. Mr. Barcinski stated people like certain events and some they do not. He stated originally the events as they started years ago were for economic development to bring people downtown and also as a way for non - profits to fundraise without coming to the city to ask for monies. Mr. Barcinski stated the events are for businesses, the citizens and to bring people into town. He stated some events can go to the park. He also spoke regarding the complexity of the changes in events over the year that may not be impacting the city positively. Mr. Barcinski spoke regarding the Saint Patrick's Day Parade, First Night and stated he worked with event producers to perhaps relocate some of the programs. Ms. Marjorie Ferrer, Downtown Development Authority (DDA) Executive Director, spoke on behalf of the DDA and discussed the perception of safety approximately ten (10) years ago and the creation of the original calendar regarding events. Ms. Feiner mentioned some of the events in terms of parking, noise and hours. She stated controls can be put into place and feels if it benefits downtown, then it is good and suggested that the city get rid of those events that are not productive. Mayor Glickstein reiterated quality over quantity in terms of the events. He asked about the events schedule and "self- policing" regarding analysis after the events. Mrs. Gray stated the city has a great problem and discussed events and how events are geared to the core downtown. She stated some of the merchants feel that the events prevent people from coming to their businesses. She asked if there is a plan in place for any area other than the core downtown and can the events be spread out somewhere else. Mr. Barcinski discussed the other areas where events have occurred and stated at times the events became labor intensive and very costly. Mrs. Gray mentioned the Tennis Center and possibly putting events there especially once it has a retractable roof, etc. Ms. Ferrer stated the one thing the city has that other cities do not is that every month the city has something going on. Mrs. Petrolia stated the reason this is an item is because the Commission has received resistance from alot of people. She asked if there is a way to lessen the impact for those who here and shift those to areas that are less frequented and would not cause road closures. She asked if staff can prepare a recommendation. Ms. Ferrer stated they do a brainstorming session with the merchants once a month. May 14, 2013 Mayor Glickstein stated there are 50 days between Atlantic Avenue and other street closures per year and that is slot. Mr. Jacquet stated from the sentiments of the community the city has too many events and too much going on. He stated Commission needs a recommendation from staff and he would like to see the city keep certain events. Mr. Bruce Gimmy, Business Owner, spoke from the audience and stated during the events businesses are losing money due to people not coming into them and feels this is not needed anymore and that it is counterproductive. Stephanie Tmmelman, Interim Executive Director of the Delray Beach Marketing Cooperative, discussed changes she would like to make regarding certain events and discussed "On The Ave" event. Mayor Glickstein suggested that everyone needs to get together, come up with some method and coordinate the events. In addition, he spoke regarding communication and advance notice. He stated this may be a good topic for a Town Hall meeting. Mayor Dickstein adjourned the Workshop Meeting at 10:08 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, May 14, 2013, which Minutes were formally approved and adopted by the City Commission on Tune 18, 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. May 14, 2013