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07-16-13 Special/Workshop Meeting MinutesSPECIAL /WORKSHOP MEETING JULY 16, 2073 A Special /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, July 16, 2013. Roll call showed: present- Commissioner Shelly Petrolia Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Alson Jacquet Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein 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 Mayor Eckstein opened the meeting for public comment on the special meeting items. Public: 1. Mr. Neil M. Schiller, Becker and Poliako% spoke regarding the ranking and selection for the Federal Lobbying item. 2. Mr. Victor Kirson stated he feels there may be a violation of the Sunshine Law and noted that Commissioner Jacquet is not in attendance at the meeting tonight. Mayor Glickstein then closed public comments as there were no other speakers. 1. RECONSIDERATION OF ACTION ON A MOTION TO WITHDRAW AN APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY (CRAB BOARD: Reconsider a motion to withdraw Commissioner Frankel's recommendation for an appointment to the Community Redevelopment Agency (CRA) Board. Mr. Brian Shutt, City Attorney, presented this item.. He discussed the CRA board appointment item and the motion from July 9, 2013. He discussed a procedural error regarding the motion and informed Commission of how to cure that. Mr. Shutt referenced Section 17 from Robert's Rules of Order regarding withdrawing a motion. Mayor Glickstein stated he objects and explained his reason for objecting. He asked if it only takes one member of the Commission to object. Commissioner Frankel discussed Article 4, Section 27C from Robert's Rules of Order regarding leave to withdraw a motion. He stated his interpretation was that the question was not called and feels it is within his right to withdraw his motion. Mrs. Gray asked about the local rules regarding the nominating procedure. She stated during that time it was confusing and stated she would appreciate the Mayor allowing them to speak. Mrs. Gray asked where the Commission goes from here. The City Attorney reiterated his reading of Robert's Rules and explained the process. Mr. Frankel asked why Article 4, Section 27C does not apply in this situation. Discussion ensued amongst the Commission and the City Attorney regarding Robert's Rules of Order. It was the consensus of the Commission to defer this item to the July 25, 2013 Regular Commission Meeting. 2. SELECTION OF STATE LOBBYIST /BALLA.RD PARTNERS, INC.: Consider approval of the Selection Committee's ranking and authorize staff to enter into contract negotiations with Ballard Partners, Inc. to provide state lobbying services to the City regarding sober house legislation. Ms. Terrill Pyburn, Assistant City Attorney, presented this item discussing the Selection Committee's rankings. She stated they met to discuss the five (5) proposals. The committee voted in favor of Ballard Partners who was the lowest bidder and has an ongoing relationship with Department of Children and Families (DCF). Ms. Pybura stated Ballard has done work for the city regarding sober homes. Mrs. Gray thanked Ballard Partners and stated they have done an awesome job. She discussed Ms. Pyburn's work as well and referenced the costs regarding the other bidders. Mrs. Gray moved to approve the selection of Ballard Partners, Inc. as the state lobbyist, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. SELECTION OF FEDERAL LOBBYIST /ALCALDE & FAY: Consider approval of the Selection Committee's ranking and authorize staff to enter into contract negotiations with Alcalde & Fay to provide federal lobbying services to the City regarding sober house legislation. Ms. Pyburn presented this item and stated the selection committee met three (3) times. She stated both firms came in at approximately $36,000 per year. She stated the committee ultimately voted for Alcalde & Fay mostly because in 2007 the city worked with them and had good results. However, both firms would do a good job but the selection committee ultimately went with Alcalde & Fay. Mayor Glickstein asked who was on the selection committee and who had prior experience with them. In addition, he asked about the public comment made by Mr. Schiller. Ms. Pyburn stated both firms had excellent references and both firms have offices located in Washington, D.C.; all things were more or less equal. Mayor Glickstein asked about the funding source -if this comes from the general fund. Discussion continued regarding the firms and the sober house issue. Mrs. Petrolia asked if there is a firm that leads in the issue the city is looking for. 2 July 16, 2013 Mr. Frankel asked about the cost of $3,000 per month plus travel. He stated he feels that Becker & Poliakoff is a local company. Ms. Pyburn discussed language that could be added to the cost. Mrs. Gray stated relationships are important and it is important to select the recommended group. Mayor Glickstein asked what was the vote of the selection committee. Mr. Frankel moved to approve the selection of Becker & Pohakoff as the Federal lobbyist, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Pettolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 4. LETTER OF SUPPORT /JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant QAG) funds for FY 2014. (Addendum) Mr. Shutt presented this item and stated this comes before Commission on an annual basis and discussed the funds regarding Palm Beach County. He stated it is before the Commission to approve a letter of support to be signed by the Mayor. Mrs. Gray moved to authorize the Mayor to sign the letter, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mt. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mayor Glickstein adjourned the Special Meeting at 6:34 p.m. WORKSHOP MEETING AGENDA 1. Vision 2020 Forum Report Mrs. Lula Butler, Community Improvement Director, presented this item and gave an overview. She discussed the forum and stated the consultant has provided the final report. She highlighted previous vision reports that were brought before previous Commissions. She asked the Commission to adopt the report in concept and stated it is a fluid document. In addition, Mrs. Butler acknowledged the steering committee members who were present. Mayor Glickstein asked about previous vision reports and which ones were approved or adopted in concept. Mrs. Gray thanked staff and stated she supports staff's recommendation.. Mayor Glickstein asked what is meant by adopting something in concept. Mt. Frankel stated there was such a call from the public to do this and stated a lot of time was spent on this and commented regarding the adoption of this. Mr. Frankel stated he does not want to be disrespectful to the members -those who participated. Mt. Shutt stated staff would like the flexibility of it being adopted in concept. Mayor Glickstein discussed community participation and adopting the report in concept. 3 July 16, 2013 It was the consensus of Commission to adopt the report in concept. The item will be brought back to Commission at the July 25, 2013 Regular Commission Meeting. 2. Public Arts Advisory Board Presentation Mr. Robert Barcinski stated this item title should be `Public Arts Master Plan Presentation" and introduced Ms. Elayna Toby Singer. Ms. Singer conducted a Power Point presentation regarding public art and what has been accomplished so far. She asked for Commission support for the master plan. Mr. Frankel asked what the fund balance is for Public Art. He stated it was a great presentation and he supports the five (5) points and the recommendations. Mrs. Petrolia asked what axe we looking at regarding cost and will this come before Commission every time. Ms. Singer stated they are looking at processes anal procedures and she will defer to staff regarding budget, etc. Mr. Chapman stated the Public Art Advisory Board makes most selections procedurally and Commission has final approval. He stated public art is central and gives the city a sense of place. Mr. Chapman stated if we institute the policy of art integration into projects; this is done as forethought versus at the end. Mrs. Petrolia commented regarding art integration and stated she is strongly in support of the plan. Mrs. Gray stated Delray Beach supports Arts & Culture and loves the idea about partnerships. She inquired about the makeup of the board. Ms. Singer spoke regarding the selection panel, the board and processes. Mrs. Gray asked if it is possible that some portion of capital improvement funds can go towards public art. Mayor Glickstein stated he sat on the initial Public Art Advisory Board in the capacity of a developer and they tried to ascertain a formula regarding new construction and now the formula looks different from what they actually had. He stated where this is seen is a combination of a fee for new construction /development and the City or CRA contributions. Ms. Singer stated 1.5% funding is there for municipal projects and discussed different price points. Mr. Vin Nolan, Economic Development Director, commented regarding engaging the private sector to talk about the most effective ways to do this. He stated he agrees with the City Manager that this is a value add for the community in terms of identifying our sense of place. Mrs. Gray asked how many projects have actually been completed since 2004 and how many are in the making right now. Ms. Singer stated she will have to let the Commission know. She stated part of the plan is to identify locations city wide. Mrs. Gray asked if there will be art throughout the city. Mayor Glickstein commented on the term "essential' as stated by the City Manager regarding public art. 4 July 16, 2013 He asked about the term "eligible" and stated the capture rate needs to be broader to be meaningful. He discussed changing the Land Development Regulations (LDR). Mayor Glickstein stated there is a confluence of a different group of people on that board and discussed maintenance of the public art. It was the consensus of the Commission to move forward with the plan. 3. Review of Advisory Boards Ms. Chevelle D. Nubin, City Clerk, presented this item highlighting the results of the committee meeting held regarding the review of the city's advisory boards and the qualifications for the same. At this point, Mayor Glickstein opened the item up for public comment. Public: 1. Mr. Victor Kitson stated he attends board meetings constantly and has evaluated them. thoroughly. He commented regarding the Police Advisory Board (PAB), the Parking Management Advisory Board (PMAB), Planning and Zoning (P &Z), and the combination of the Site Plan Review and Appearance Board ( SPRAB) with Planning and Zoning. 2. Ms. Gail Lee McDermott stated she wrote a two page letter and thanked Commissioner Gray for nominating her. She stated her letter was heartfelt and something should be done regarding the Neighborhood Advisory Council (NAC). She stated the board is not working.and it could be a task force or strategic planning. 3. Mr. Tim Knight commented regarding a merger of the SPRAB and P &Z boards. He strongly recommended that if the two boards are combined, to have the meetings more than once a month. He stated the SPRAB meetings run late and suggested the meetings be held at an earlier time if the two boards are combined. 4. Mr. Bob Schwartz, from Motiva, stated what he does is subjected towards community engagement and stated he would like to be able to demonstrate his process for the city its regards to advisory boards i.e. mini sessions. 5. Mt. Jason Bergman, a board member of SPRAB, stated the SPRAB board is a special board in that it listens to and addresses very important details. He stated it takes a process to get through projects; and stated the multi- layered process of the P &Z and SPRAB boards is important and they addresses different issues and topics regarding density and height separate from the details of how to make it work ftom an urban perspective. He asked Commission to consider this as they move ahead. Mayor Glickstein then closed public comments as there were no other speakers. Mr. Shutt informed the Commission that if there is consensus to look at staff's recominendations as it pertains to the boards, then a consensus is needed to proceed forward and then staff would proceed with the ordinances or resolutions regarding those. Mrs. Gray stated she has asked for this review for a long time and discussed the boards. She thanked everyone who has served on the boards. Mrs. Gray stated the Financial Review Board (FRB) has served its time. 5 July 16, 2013 In addition, she stated she has heard from several members of the NAC and feels it should be eliminated. Mrs. Gray stated SPRAB and P &Z boards should remain separate. She stated she supports 0 of staff's recommendation. Mayor Glickstein spoke regarding the Nuisance Abatement Board (NAB) and asked why the ongoing need is separated out. Ms. Nubin explained the purpose and function of the NAB. Mrs. Petrolia commented regarding the NAB as well. She asked about the Board of Adjustment (BOA) and how it functions. She asked about overlap and how some of the boards can be combined. Mrs. Butler discussed the BOA. Mrs. Petrolia stated she concurs with Mrs. Gray regarding the Financial Review Board and the Neighborhood Advisory Council. Mr. Frankel spoke regarding the Police & Firefighters Retirement System. Board of Trustees and stated it is governed by state statute as well and is part of collective bargaining. He stated he concurs with other comments made regarding the boards. Mayor Glickstein commented about diversity of educational backgrounds on the Education Board and asked what staff is looking for. Mrs. Butler stated they would like to have a combination of businesses, parents and educators for the Education Board. Mayor Glickstein asked if we are laying out the qualifications that are desired for the boards. He suggested that a land use person be one of the qualifications for the Planning and Zoning Board. Ms. Nubin discussed the board information that is on the website. Mayor Glickstein stated would like to see additional language added to the website regarding the advisory board qualifications and he supports staff's recommendations. He referenced Ms. McDermott's letter and feels that it summed things up and reiterated that he supports the changes. Mrs. Gray asked what the mission of the Education Board is. Mrs. Butler stated the education board is an advocacy board and takes a comprehensive look at Delray Beach Schools to see what is needed to be competitive and what the student needs to get the best education possible. Mrs. Gray stated it will help the Commission to know what staff is looking for regarding that board. Mr. Frankel asked about the Green Implementation Advisory Board (GIAB) and discussed task forces versus boards. He also commented about attendance and stated it is vital. He asked staff to look into the attendance of board members. Discussion ensued between Commission and staff regarding attendance of board members. The City Attorney asked for clarification regarding the boards in terms of revising the qualifications. It was the consensus of the Commission to revise board qualifications subject to the Mayor's recommendations for the Planning and Zoning Board and language as suggested by the City Attorney for the boards. 6 July 16, 2013 Mr. Shutt asked Commission if they want to continue with the appointments that will be coming up for the July 25, 2013 meeting or if they would like these changes to be implemented before the appointments occur. He stated the changes /ordinances and resolutions pertaining to boards will be brought forth in the August Commission Meetings. It was the consensus of Commission to go forward with the appointments for boards that were not being eliminated. Mayor Glickstein adjourned the Workshop Meeting at 7:47 p.m. City Clerk ATTEST: MAYOR 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, July 16, 2013, which Minutes were formally approved and adopted by the City Commission on August 6, 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. 7 July 16, 2013