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01-20-15 Regular Meeting MinutesJANUARY 20, 2015 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, January 20, 2015. 1. Roll call showed: Present- Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES. None. 5. PRESENTATIONS: 5.A. Recoenizing and Commending Diane Colonna, Executive Director of the Community Redevelopment Agency, for over 30 years of service in Public Administration Mayor Glickstein recognized and commended Diane Colonna, Executive Director of the Community Redevelopment Agency {CRA} for her outstanding contributions to improving and revitalizing conditions within the Delray Beach Community Redevelopment area, and enhancing the quality of life for the City of Delray Beach's residents, non-profit organizations and business community, and wished her well in her future endeavors. 5.B. Spotlight on Education - Plumosa School of the Arts and Carver Middle School 01/20/15 Cathy Reynolds, Principal of Plumosa School of the Arts, introduced the chorus from Plumosa School of the Arts who came forward and sang a few songs for the City Commission. Ms. Reynolds gave a brief presentation regarding Plumosa School of the Arts. Kiwana Alexander-Prophete, Principal of Carver Middle School, stated Carver Middle School has been known for their IB/MYP Program, Ms. Prohpete stated two (2) programs that Carver has offered this year are AVID (Advanced via Individual Determination) for those students who have the ability to go on to college level courses but for some reason they may feel that they have the aptitude or the skillsets to do so. She stated this is a small program that starts with twenty (20) of the 7t" graders and will eventually move to 8th grade and bth grade. Ms. Prophete stated they engage the students in college ready activities and coursework. In addition, Ms. Prophete stated Carver has a Pre -Technology Program which opened this year and next year it will open up to all the students in a zoned area. This is a component Pre -Technology Academy which is the Robotics Program. 6. At this point, the Commission moved to Comments and Inquiries on Agenda and Non -Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. CitV Manager's response to prior public comments and inquiries. With regard to previous comments with respect to Linton Boulevard, the City Manager stated the County has agreed to delay the paving of Linton Boulevard and meet with Human Powered Delray (HPD) bicycle activists to see if they can accommodate their concerns. However, the City Manager stated there were no promises made at that time. 6.13. From the Public. 6.13.1. Jim Smith 1225 South Ocean Boulevard Delray Beach FL 33483 (Chairman of S.A.F.E.), congratulated City Manager Donald Cooper in working with the County Administrator to delay the repaving efforts which will now be done in May or June rather than during peak season. In addition, Mr. Smith stated Mr. Cooper was able to get a commitment from the County to work with the stakeholders in Delray Beach in the short run and long run to design a safer road. Mr. Smith stated roads can be made safer even if it means erecting a sign that says "Unsafe for Bicyclists to Ride in the Road" and also suggested that the County put up reflectors to outline the lanes so that at night and in the rain that people will know where the travel lanes are, and re -stripe the cross intersections to make them better. Secondly, Mr. Smith commented about the traffic congestion and suggested that the City contact the FEC and All Aboard Florida and requests a road to go through P Street north and south so that we have more streets that will dissimilate the traffic. 2 O1/20/15 63.2. Karen Granger, President and CEO of the Greater Delray Beach Chamber of Commerce introduced the 2015 Chairman of the Board Dan Castrillon. Secondly, Ms. Granger stated last week the Chamber started publishing an open letter to the community to spark some good conversation in advance of upcoming elections. Ms. Granger stated the Chamber wanted to make some statements about where Delray Beach has been where we are now, and where they would like to see the city go as a business community. Ms. Granger stated the Chamber stands for responsible growth and stated their open letter has been launched through social media and encouraged everyone to review it. 6.B.3. Ellen Smith, 2149 Ardley Court, North Palm Beach, FL 33408, (Government Affairs Manager for Waste Management), read a brief statement into the record and urged the City to uphold the City's Selection Committee's recommendation to appoint Waste Management to continue to be the waste collection service provider. Ms. Smith thanked staff, the City's Selection Cormnittee, and the consultants for going through a seven (7) month bona fide RFP process which found that Waste Management was the best value and is in the best interest of the residents of Delray Beach. 6.B.4. Pauline Moody, 609 S.W. Ste Avenue, Delray Beach, FL 33444, briefly spoke about the City's lawsuits and stated she does not want to see any more tax dollars wasted with any more legal problems. Ms. Moody stated she supports appointing Waste Management to continue to be the waste collection service provider for the City of Delray Beach. Secondly, Ms. Moody commented about the City's maintenance problem by contracting out to other people. For clarification, with regard to the notion that the City Commission is supporting or has asked staff to look into privatizing Parks and Recreation or maintenance divisions in the city, Mayor Glickstein stated this is not the case. 6.B.5. Ron Oliver, 351 Ocean Parkway, Boynton Beach FL 33435 stated he has been a manager at Waste Management for 11 years and he has 15 drivers under his direct supervision. Mr. Oliver stated Waste Management employees are familiar with the families and the customers that require special attention, they know them by name, and they expect nothing but world class service. He stated they pledge to keep Delray Beach beautiful and urged the City Commission to keep Waste Management as the waste collection service provider. 6.B.6. Jaene Miranda, President of the Boys and Girls Clubs of Palm Beach County, thanked the City Commission for their continued support and recognized the continued support of Waste Management for the Boys and Girls Club in Delray Beach. She stated when a company chooses to give back to the community it is a positive reflection on their corporate culture and leadership. 3 01/20/15 6.11.7. Justin Zimmer Director of the Bos and Girls Club in Delray Beach expressed his gratitude and appreciation to the City Commission and Waste Management. Mr. Zimmer stated he has partnered with Police Chief Goldman and noted the Boys and Girls Club upcoming garden project. He stated the Boys and Girls Club serves over 200 families every day. 6.B.8. Glenn Miller, 5208 Silver Oak Drive Fort Pierce FL 34982 Senior District Manager for Waste Management of Palm Beach County), stated in a recent survey sent to citizens of Delray Beach 98% of the respondents rated the service of Waste Management excellent or good and the same 98% said that they do not want a change in service. Mr. Miller stated their proposal calls for a total of twenty (20) trucks as they have a new higher efficiency recycling truck on the road. Mr. Miller highlighted Waste Management's safety success and stated their safety records rank in the top four (4%) of the country while the cheapest price hauler is in the bottom three (3%) nationwide. He urged the City Commission to retain Waste Management as its waste hauler so that the City can continue excellent service, experience, and world class safety. 6.B.9. Dr. Gaspar Gonzalez, Jr., 514 Enfield Road, Delray Beach, FL 33444 (resident since 1990), briefly spoke about the service provided by Waste Management and stated the drivers know everyone by name and vice versa; these people are family people and as a community they operate as a family. Dr. Gonzalez stated when his wife passed away in 2008 members of the Waste Management team came to his home, delivered flowers and attended the funeral. Dr. Gonzalez stated the quality of the service is worth paying more and he urged the City Commission to keep supporting Waste Management and allow them to continue working in the City of Delray Beach. At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the Agenda. The City Attorney recommended to withdraw Items 10.A., 10.B., and 10.C. and stated this is scheduled to come back before the City Conuilission on February 3, 2015. Brief discussion followed between the City Attorney and Mr. Jacquet regarding the purpose for withdrawal. After brief discussion, Deputy Vice Mayor Jarjura moved to withdraw Items 10.A., 10.13. and 10.C., to be heard at the February 3, 2015 hearing, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia --- Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 4 01/20/15 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 29-14 SECOND READING/SECOND PUBLIC HEARING): Consider a city -initiated amendment to the Land Development Regulations of the City of Delray Beach; repealing and replacing Section 4.4.13, "Central Business District (CBD)", with new zoning regulations. (THE CITY ATTORNEY HAS REQUESTED THAT THIS ITEiV BE WITHDRAWN) 10.B. ORDINANCE NO. 30-14 (SECOND READING/S_ECOND PUBLIC HEARING): Consider a city -initiated amendment to the Land Development Regulations of the City of Delray Beach; amending Article 4.4 "Table of Contents"; amending Section 2.2.3(D), "Site Plan Review And Appearance Board"; amending Section 2.4.5(F), "Site And Development and Master Development Plans (MDP)"; amending Section 2A.60, "Temporary Parking Lots"; amending Section 4.1.1(A), `Base Zoning Districts"; amending Section 4.3.3(I), "Community Residential Homes And Group Homes"; amending Section 4.3.3(5), "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.4(J), "Height"; amending Section 4.3.4(x), "Development Standards Matrix"; repealing Section 4.4.28, "Central Business District — Railroad Corridor (CBD -RC)"; amending Section 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty -Five (35) Foot Height Limitation"; amending Section 4.6.9(C)(1), `Bicycle Parking"; amending Section 4.6.9(E)(3), "Location of Parking Spaces, In -Lieu Fee"; amending Section 4.6.9(E)(4), "Public Parking Fee"; amending Section 4.6.16(H)(4), "Foundation Landscaping Requirements"; amending Section 4.6.16(H)(5), "Special Landscape Regulations for Properties Within The Central Business District (CBD)"; amending Section 4.6.18(B), "Buildings Within The Downtown Area"; amending Section 6.3.3(F), "Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A, "Definitions". (THE CITYATTORNEYHASREQUESTED THAT THIS ITEM BE WITHDRAWN) 10.C. ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC HEARING): City -initiated rezoning of properties zoned CBD -RC (Central Business District- Railroad Corridor) to CSD (Central Business District) for two areas, with the north area generally located between N.E. 4"' Street and N.E. 2"a Street and extending from the north -south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway; and, the south area generally located between S.E. 2'd Street and S.E. 7th Street, east of and west of the FEC Railway. (THE CITY ATTORNEY HAS REQUESTED THAT THIS ITEM BE WITHDRAWN) 10.D. ORDINANCE NO. 01-15 (SECOND READING): Consider an amendment to Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances by creating Section 132.11, "Electronic Cigarettes (E -cigarettes)", limiting the locations where e -cigarettes can be used; providing findings in support of the adoption of the ordinance. The caption of Ordinance No. 0 1- 15 is as follows: 5 01/20/15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES BY CREATING SECTION 132.11, "ELECTRONIC CIGARETTES, (E -CIGARETTES)", LIMITING THE LOCATIONS WHERE E -CIGARETTES CAN BE USED; PROVIDING FINDINGS IN SUPPORT OF THE ADOPTION OF THE ORDINANCE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01-15 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the Iaws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance prohibits the use of e -cigarettes in the same manner as tobacco which is prohibited in all indoor workplaces. The City Attorney stated there are some exceptions where smoking is permitted such as in private residences, retail tobacco shops, in e -cigarette shops, stand-alone bars, and designated smoking guest rooms. The City Attorney stated there is a legal rational basis for enacting the ordinance specifically there are existing studies that have disclosed that e -cigarettes emit some organic material and the effects are not fully known; and, in confined areas with heavy use there is second-hand impacts from e -cigarettes. Also, the City Attorney stated studies have shown that the acceptability of e -cigarettes contributes to people likely to engage in both e -cigarettes and tobacco use. He stated this is not the first city to consider this type of action in the State of Florida. The City Attorney stated Marion County and Alachua County have enacted a similar regulation; the cities of Stuart, Sebastian, and Orange Park have enacted this regulation as well. The City Attorney stated on a national scale New York Chicago, Los Angeles, and Chicago have similarly enacted this regulation. Mayor Glickstein declared the public hearing open. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, urged the City Commission to support this ordinance. Ms. Odom stated she was a victim of second-hand smoke and when she was a young girl her dad and three of her four brothers smoked cigarettes. In addition, Ms. Odom stated she sat in teachers lounges all her years and her roommate smoked and it never bothered her. Ms. Odom stated two years ago she was diagnosed with Stage 4 lung cancer as a result of second-hand smoke. She stated she never smoked in her entire life and encouraged people to not smoke especially around children. on 01/20/15 There being no one else from the public who wished to address the Commission regarding Ordinance No. 01-15, the public hearing was closed. Mr. Frankel thanked everyone in the City Attorney's office for their work with respect to this ordinance. Mayor Glickstein stated he received several emails questioning the validity of the City's ability to regulate c -cigarettes and noted that he did some research on his own. Mayor Glickstein stated in a joint policy statement issued recently by the American Association for Cancer Research and the American Society for Clinical Oncology acknowledged that "e -cigarettes may improve public health by taking market share away from combustible tobacco products and helping smokers quit but until the benefits are proved that statements said regulators shouldn't distinguish between the two kinds of products. The Director of the Federal Centers for Disease Control and Prevention and other health experts stated they fear that e -cigarettes will entice more kids and teens to try smoking if the devices get them hooked on nicotine they could become more likely to graduate to traditional cigarettes. The policy statement from these organizations list many unknowns about the health risks of e -cigarettes including second- hand exposure to nicotine, vapor and third -hand exposure to chemicals that fall out of that vapor and land on surfaces where they can be touched, ingested, and inhaled." Mayor Glickstein stated he fully supports this ordinance. Mr. Frankel moved to approve Ordinance No. 01-15 on Second and FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:09 p.m., the Commission moved back to Item 6.B.10., Public Comment. 6.13.10. LaRonda Denkler, 320 N.W. 9th Street, Delray Beach, FL 33444 (resident for 20 years and business owner of Vince Canning Shoes), distributed brochures for Delray's Fashion Week from January 17-24, 2015 and invited everyone to attend the 3rd Annual Vince Canning Stiletto Race on Friday, January 23, 2015 and noted charitable donations can be made. Secondly, Ms. Denkler stated she supports Waste Management because of the excellent service and relationship the City has with them. She stated Waste Management has always supported the non -profits of the community (i.e. conunitting $100,000 to Clean and Safe initiative downtown) and is the only company using natural gas trucks making the City quieter and greener. Ms. Denkler stated on a blog today Dr. Josh Smith noted that SWS will hire six (6) employees from Delray. She stated Waste Management already has thirteen (13) employees from Delray who have tenure with 15 plus years' experience. She stated that quality is worth the price and urged the City Commission to support continuing the contract with Waste Management. 7 01/20/15 6.B.11. Beth McOwen, 917 Bermuda Garden s Road, Delray Beach, FL 33483, commented about therofessionalism and discussed p d an incident service of Waste Management and stated they should be rewarded for what Waste Management has done for its community. 6.B.12. Mariorie Ferrer, Executive Director of the Downtown Development Authority (DDA), invited everyone to attend Delra s y y' Fashion Week held from January 17-24, 2015 and distributed brochures outlining the schedule. She encouraged everyone to attend to support the businesses. 6.B.13. Sheppard Gross,_ representinLy Parks and Recreation employees with the SEIU, read a brief statement_ into the record and urged the City to consider each employee as part of the Delray Beach family. 6.B.14. Chuck Ridley, speaking as the representative of the Public Service Union, stated the entire Public Service Department have com""__, e together to upgrade their standard of delivery and asked that they have opportunity to have management, respect and honor their hard work and dedication. Mr. Ridley stated these employees invite the Commission to come to the sites so that they can get to know them by their faces and know them by who they are as human beings rather than only knowing them by a line item in the budget. Mr. Jacquet stated he supports the city workers 100% and thanked the employees for their service and noted that he is not considering outsourcing any departments. Mayor Glickstein stated he cannot think more of an example of disrespect than for a person to learn secondhand that their department is being outsourced and the City Manager has assured him that will be dealt with. Furthermore, Mayor Glickstein stated that this city would not be the city it is without the hard work and dedication of the enlployces of the Public Works Department and Parks and Recreation Department. On behalf of the City Commission, Mayor Glickstein expressed his gratitude to all the SEW employees and stated he hopes to get to know everyone on a first name basis and stated they are always welcome to speak to the City Commission. 6.B.15. Avery Danforth 695 Auburn Avenue Delray Beach FL 33444 (speaking on behalf of the Milagro Center), supports Waste Management since 2011 has supported the Milagro Center's program through generous donations which in turn helps them give back to the children of Delray Beach (i.e. dance lessons, music lessons). Ms. Danforth stated she has family in Arizona who are jealous of the recycling pickup once a creek in Delray because they only get recycling and vegetation pickup once a month. Ms. Danforth stated Waste Management is doing a fabulous job and is worth the cost. 6.B.16. Dr. Josh Smith, 3616 Avenue De Xen, Delray Beach, FL 33445, stated what the city has gone through in the last 2-3 years defies common sense, good judgment, 8 01/20/15 and feels that some have abandoned a high degree of ethics. Dr. Smith stated if SWS's bid rate for commercial customers reduces Waste Management's current rate by 19% saving citizens more than $1 million annually versus a company with the highest rate in the past history. He stated unemployed southwest/northwest residents reside in the highest unemployment geographically area of the city. Dr. Smith urged the City Commission to render a decision that is in the best interest of their constituents. 6.B.17. Dwayne Randolph, 1191 North Federal Highway, Delray Beach, FL, briefly spoke about the solid waste recycling and collection RFP and stated in Phase I of the RFP the City's consultant all qualified Southern Waste Systems (SWS) in accordance with the RFP Phase I requirements 1-5 which included experience and financial stability being worth 50% of the evaluation; Phase II requirement was cost being another 50% of the total evaluation. Mr. Randolph stated the City's consultant ranked Waste Management #3, Advanced Disposal 42, and SWS as #1 which means SWS should have received a score of 50% of the cost from each of the 4 staff members and I resident who served on the Selection Committee on December 18, 2014. Mr. Randolph urged the City Commission to award the contract to SWS that will reduce the commercial rate in this city by 19% for the first time in 11 years. Mr. Randolph stated the City can save in excess of $7 million over the life of the contract by selecting SWS. 6.B.18. Kiwana Alexander -Pro bete Principal of Carver Middle School speaking on behalf of Carver Middle School, the Student Advisory Council (SAC), and some parents she requested that the City Commission consider awarding the solid waste and recycling contract to SWS. Ms. Alexander-Prophete stated SWS has conunitted in writing to donate $5,000 to Carver's Robotics and Entrepreneur Programs for seven (7) students per award of the contract. She stated her goal is to beep Delray students in Delray because these new programs offered at the school have developed a renewed interest by students and families who in the past would have not considered Carver Middle School as an option. 6.5.19. Rhonda Turner -Williams Delral Beach resident urged the City Commission to award the contract to SWS and to also lower the curb -side rate. Ms. Turner -Williams stated she has a non-profit program called "Knowledge is Power" tour where she takes teens (high school and middle school) on college tours. She stated her goal is to continue and any rate is helpful. 6.B.20. Jocelyn Jackson 34 N.W. 7t" Avenue Delra Beach FL 33444 (homeowner and Roots Cultural_ Festival Committee Member), stated her children benefited from the "Knowledge is Power" tour; her son studied computer technology and graduated from college and her daughter will soon be graduating to pursue a career as a Mortician. 6.B.21. Jason Lazar, 215 North Federal Highway, Boca Raton FL 33432 General Counsel for Investments Limited stated they own several properties outside Delray Beach where they cannot use Waste Management and noted the quality of service they get from Waste Management as opposed to their competitors is like night and day. 9 01/20/15 Mr. Lazar stated to change to a different operator would be detrimental in both the short run and the long run to not only himself but to his tenants. Mr. Lazar urged the City Commission to award the contract to Waste Management. 6.B.22. Vince Brown_, Sr., 322 N.E.111h Avenue, Boynton Beach, FL 33435 Management for 25 years), stated (driver with Waste. Manage, . he has never had an accident in the City of Delray Beach and feels that Waste Management deserves to keep providing the best quality service. 6.B.23. Charlene Farrington -Jones, 314 N.W. 2"a Avenue Delray Beach FL and also a tenant in a city buildin at 170 N.W. 5"' Avenue stated Waste Management has been an excellent community partner for the Spady Museum and the corporate partners are one of the most important aspects of running a non-profit organization. Ms. Farrington -Jones stated she supports Waste Management and urged the City Commission to award the contract to Waste Management. 6.B.24. Rosco Balam 603 Villa Circle Boynton Beach FL 33435 (speakina on behalf of an„employee), stated he was in the military for a little while where he learned discipline, respect, and character. Mr. Balam stated he is very proud to work for Waste Management because they demand excellence and are number one in safety. He stated they will continue to strive to be number one. 6.B.25. Mitchell Katz 4569 Danson WayDelra Beach FL 33445 wished everyone a Happy New Year. Secondly, Mr. Katz stated he has a lot of respect for his Waste Management driver and the other drivers for their service. However, Mr. Katz stated he is disappointed in his driver's bosses' because he feels they cared more about the shareholders of Waste Management than the drivers that are present this evening because otherwise they would have made the bid comparable to the other bids and would have been the lowest bidder. Mr. Katz stated Waste Management's stock has done really well going from approximately $80.00 to $53.00 in the last year. In addition, Mr. Katz stated he has an email trail sent by a resident obtained today through a public records request between the City of Delray Beach and Waste Management. Mr. Katz expressed concern that some of these emails are being communicated with former Commissioners and Mayors during the cone of silence. Mr. Katz referenced a statement by Mayor Glickstein. 6.B.26. Ronald Gilinsky, 1405 S. Federal Highway 4140, Delray Beach, FL 33453, urged the City Comrmission to not compromise quality for a low price and stated Waste Management provides excellence in their service. W Gilinsky stated when there is an issue with someone who lives in the city Waste Management responds immediately. He urged the City Commission to not compromise Waste Management with somebody with less service, less equipment, and no manpower. 10 01/20/15 6.13.27. Chris Davey, 314 East Mallory Circle, Delray Beach, FL 33483, stated he reviewed the recommendation from the Selection Committee and 50% of the criteria was pricing which is a completely objective criteria; 50% was a more subjective criteria. Mr. Davey stated there was no rationale by each person on the Selection Committee for how they arose on their decision on the subject of criteria. Mr. Davey stated in the future if a process like this takes place, the City may want to consider having a Selection Committee give a written substantiation as to why they reached that conclusion when the criteria is anything but objective. 6.5.28. _Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the most important thing he learned in his 14 year career on Wall Street was counter -party risk. Mr. Warner stated in reviewing the financials of all the companies Waste Management has the strongest financial background, presence, and circumstances of the five (5) applicants. He stated Waste Management has been operating nationwide and have a substantial track record for as strong of a company that they are and how well they know the business. Mr. Warner encouraged the City Commission to support the Selection Committee's recommendation and award the contract to Waste Management. 6.13.29. Neil Schiller, Becker & Poliakoff, 625 North Flailer Drive, 7th Floor, West Palm Beach, FL 33401, representing Southern Waste Systems (SWS), stated the City Commission has the authority to choose the best deal for the city; the RFP states that the City Commission can conduct its own evaluation and ranking and it is anticipated that the City Commission will award the City's work to the proposer who submits the best overall proposal based on the City Commission's determination of the City's best interest and best overall value for the city. Mr. Schiller stated price was supposed to be 50% of the score. It is unquestionable that SWS has the lowest price and saved the City over 17% from last year's contract and over $1.4 million a year fiom last year's contract. Mr. Schiller stated when they reviewed the scores they felt there must have been some confusion by the Selection Committee because 50% of the price and with a ranking of 41-5, the worse that SWS could have gotten was a 3. Mr. Schiller stated if you add the price score to the raw score (the 50% score) SWS comes out ahead and Waste Management is second. Mr. Schiller urged the City to look at that and SWS's proposal represents a substantial savings to the City of Delray Beach and its residents and not this proposal is for seven (7) years. He stated the only resident on the Selection Committee ranked SWS as #1, the cheapest priced hauler and they feel that that they can deliver the greatest value to the City. 6.8.30. Alan Ciklin Cildin Lubitz Martens & O'Connell 515 North Fla Ier Drive, 20th Floor, West Palm Beach, FL 33401, also represents Southern Waste Systems (SWS), stated the goal with this RFP was to have an open transparent process; however, Mr. Ciklin stated all deadlines had passed, the presentation was made by the Selection Committee, the "Cone of Silence" was still in effect, and Waste Management was allowed to change to their bid by several hundred thousand dollars. Mr. Ciklin stated there was no public meeting or notice and it happened without anyone being advised and all outside of the RFP and the "Cone of Silence" process. Mr. Ciklin stated Waste Management priced the Clamshell service price at $17,000 a month and they were later 11 01/20/15 allowed to eliminate that from their proposal and make it zero (0). Mr. Ciklin reviewed emails and found circumstances where the "Cone of Silence" was broken and he urged the City Commission to consider that when they award this contract. 6.B.31. Charles Gusman, President and CEO of Southern Waste Systems SWS 2380 College Avenue Davie FL din ar stated this is rethings; _ g g two price and service. He stated SWS is the lowest cost and it is a substantial savings and the citizens and the commercial establishments of the city are going to benefit from that. Therefore, Mr. Gusman stated in that aspect the process did do its job. 6.B.32. Truck driver (_name unknown) with Waste Management for eight (8) years, commented how precious life is and stated there is nowhere owhere that you can buy life. He stated that Waste Management cares for the safety of the children and people. He urged the City Commission to allow Waste Management to continue to try to keep the city clean. 6.B.33. Jason Dollard 295 N.E. 5r' Avenue #31 Delray Beach FL 33483 (commercial owner on Pineapple Grove), stated the Arts Garage is a great program but there is a group of people that are being overlooked by the city in approving this Iease and letting him and other business owners stay there. In 2008, Mr. Dollard stated they took the risk because they thought it would be a great place and that some commercial businesses would generate people going to Pineapple Grove. Mr. Dollard stated the Arts Garage does do good things for students and young adults; however, the Arts Garage is a prime piece of real estate and his value on his property is affected when there is a piece of real estate that sits there and someone is willing to pay the city $2.5 over a year ago. Mr. Dollard is strongly opposed that the city is allowing the Arts Garage property to just sit there. 6.B.34. Robert A. Sweetapple, Attorney with Sweetapple, Broeker & Varkas, P.L. 20 S.E. 3 rd Street Boca Raton FL 33432 (represents Auburn Trace stated the City is the lender to his client on a second mortgage; on March 18, 2014 a modification agreement to that loan was approved by the City Commission (3-0). Mr. Sweetapple stated it was made clear that Auburn Trace was in default of certain requirements including the payment of back taxes. Mr. Sweetapple stated after the City Commission approved the loan modification, Auburn Trace paid $140,000.00 in back taxes in an attempt to keep the property. On April 1, 2014, the City Commission voted (4-0) to "rescind the verbal loan modification." Mr. Sweetapple stated the Interim City Attorney referred to apparent misrepresentation (Mr. Sweetapple noted that his client made no misrepresentations), but the Commission took the position through the Interim City Attorney that under Florida law all loans have to be in writing and the Statute of fraud applies. Mr. Sweetapple stated under Florida law with regard to modifications the principle of estoppel applies and in this case the loan modification is enforceable and he is filing suit with specific performance with regard to that. Mr. Sweetapple stated he filed a public records request concerning the City's dealings with Iberiabank and alleged that only some emails were produced and he filed suit today for enforcement of the Public Records Law. On behalf of Auburn Trace, Mr. Sweetapple stated he objects to the 12 01/20/15 City's purchase of the loan and under the terms of the purchase agreement the City is assuming all liability. 6.B.35. Nancy Stewart, 227 South Swinton_ Avenue, Delray Beach, FL 33444, stated they run the five largest events in Delray and these events generate a lot of trash. Ms. Stewart stated between the City and Waste Management after the events if you go downtown at 8:00 a.m. the next morning everything is spotless. She stated when Hurricane Wihna hit downtown (17 days before the Garlic Fest) the City was without power for eleven (11) days. Ms. Stewart stated between the City and Waste Management they cleared every available surface to park cars, and erect temporary stop signs, and then Delray Beach was back in business. Ms. Stewart stated she supports Waste Management because she has been a huge financial partner with the City and non -profits. 6.B.36. Angela Randolph, 1191 North Federal Highway, Delray Beach, FLS stated SWS participates in local schools, extracurricular activities, and community-based activities which could all benefit from the savings provided by SWS. Secondly, Ms. Randolph stated as a local business owner (for over 18 years) she could also benefit from the savings of SWS. As a member of the Roots Cultural Festival of Delray Beach, Ms. Randolph stated they been emanating in the city for over 38 years. She stated SWS can provide a substantial savings to the City's constituents and she strongly urged the City Coimnission to consider awarding the contract to SWS. 6.8.37. Dawn McCormick, Director of Communications for Waste Management, stated they believe that the Selection Committee ranked Waste Management #1 for the experience (drivers have an average tenure of 15 years; 98% of the respondents said that they provide excellent or great service; and 98% said they want no changes). Ms. McCormick stated her colleague Ellen Smith will present 2,000 petitions signed by residents that say they do not want to see a change. Ms. McCormick stated Waste Management provides world class safety and is in the top 4% in the nation and the cheapest hauler tonight (SWS) is in the bottom 3% in safety. She stated the cheapest price hauler is only putting 17 trucks on the street; Waste Management puts 20 trucks on the street and it is a 19% reduction in the number of fleet trucks for the cheapest priced hauler; 44% fewer trucks for bulk and vegetation over the number of 9 trucks that the City requires of them. Ms. McCormick strongly urged the City Commission to follow the recommendation of the Selection Committee and staff and award the contract to Waste Management. 6.B.38. John Casa rande 2380 College Avenue Davie FL Southern Waste Systems (SWS), stated in 2001 there was an RFP sent out by the City of Delray Beach for the hauling and the low bidder was BFI and they did an outstanding job. Mr. Casagrande stated that BFI did the job so well that Waste Management carne along and acquired BFI in 2004. He stated the transition from BFI to Waste Management then went well and the transition from SWS will go just as well. Mr. Casagrande stated the employees that work for Waste Management today will all be offered jobs to come work 13 01/20/15 for SWS. Mr. Casagrande stated the Solid Waste Authority (SWA) has 47,000 single family homes and SWS was the low bidder (24% lower than Waste Management's current price at the time). In 2013, Mr. Casagrande stated SWS took it over and the transition was seamless; he noted that SWS has $100 in fines within a 17 month period. 6.11.39. Ken MacNamee 1049 Del Haven Drive Delra Beach FL 33483 stated for the past few weeks he has provided the Commission and public with copious documentation which proves that Waste Management's performance has been anything but exceptional. Mr. MacNamee stated its proven track record of overcharging, underpaying, service failures resulting in fines, litigation in Delray and the surrounding area is deplorable. He stated the Commission is here to represent Delray trash customers' not Waste Management employees. Mr. MacNamee stated their dedicated service is to be appreciated and respected; however, in his opinion, the City's fiduciary responsibility is only with Delray trash customers. Mr. MacNamee stated over the seven (7) year terin of the contract assuming a 2% annual escalation Delray trash customers will pay $5.5 million more (10% premium) or $9.3 million (14% preiniurn) more if the trash remains with Waste Management. Mr. MacNamee urged the Commission to award the contract to the lowest bidder SWS. 6.13.40. Christina Morrison 2809 Florida Boulevard #207 Delray Beach FL 33483, stated a few years ago the City chose the lowest bidder with the beach contract and feels the results were disastrous. She stated the City decided that the lowest bidder could not handle it and it had to be re -bid and get a new contractor. Ms. Morrison stated there is a .78 difference per month ($9.00/year) between the SWS bid and the Waste Management bid for the residential service. Ms. Morrison stated Mr. MacNamee was correct that Waste Management owed the City money and when she was on the Financial Review Board (FRB) he was correct. Ms. Morrison stated the City has grown so much and suggested that City needs an internal auditor to monitor these large dollar contracts to ensure that the City is getting every penny it deserves from the contractor and that we are billing it outright to the customers. Ms. Morrison stated she wants the City to have the best hauler. 6.5.41. John Dassie, 709 S.W. 7th Avenue, Delray Beach, FL 334_44, stated he does not mind paying a little more for the best hauler and strongly supports Waste Management. 7. AGENDA APPROVAL. Deputy Vice Mayor Jarjura requested to remove Item 8.D., Amendment to Service Authorization No. 12-13.1/Mathews Consulting, Inc./Lake Ida Drainage Improvements from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A., Item B.F., Lease Agreement/Creative City Collaborative be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.11.5., and Item 9.G., Reguest for Proposals RFP of 2014-38/Collection of Solid Waste and Recyclable Materials be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.C.C. 14 01/20/15 Mr. Frankel moved to approve the Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura -- Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. AMENDMENT NO. 2 TO THE AGREEMENTS FOR GENERAL CONSULTING SERVICES: Approve Amendment No. 2 to the Agreements for General Consulting Services (RFQ No. 2012-05) with Currie Sowards Aguila Architects, David Miller & Associates and Walter Zackria and Associates, PLLC. This recommendation is in compliance with Chapter 36, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". 8.8. RENEWAL TO THE CONTRACTIATLANTIC REFRIGERATION CORPORATION: Approve a first year renewal with Atlantic Refrigeration Corporation (Bid No. 2014-10) for yearly service, repairs and maintenance of air conditioner units at City buildings. This recommendation is in compliance with Chapter 36, Section 36.02(C)(3), "Professional Services", and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". 8.C. AMENDMENT NO. 2 TO ' THE GENERAL ENGINEERING CONSULTING SERVICE AGREEMENTS: Approve Amendment No. 2 to the General Engineering Consulting Service Agreements (RFQ #2012-06) with Calvin Giordano & Associates, Kimley-Horn & Associates, Inc., Mathews Consulting, Inc., and Wantman Group, to extend services for one (1) year. This recommendation is in compliance with Chapter 36, Section 36.02(C)(3), "Professional Services", and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. ACCEPTANCE OF A RIGHT OF WAY DEED/MINDFUL MANAGEMENT: Approve acceptance of an alley right-of-way of four (4) feet along the west side of the property to the City of Delray Beach for the purposes of expanding and improving the alley for the project associated with Mindful Management located on the west side of Pineapple Grove Way (N.E. 2 d Avenue) and 56 feet south of N.E. P Street (280 & 290 Pineapple Grove Way). 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.B.B. 8.G. PROCLAMATIONS: 11.. Recognizing Black History Month February 2015 15 01/20/15 8.H. AWARD OF BIDS AND CONTRACTS: 1. Bid award to MBR Construction, Inc. (Bid No. 2015-06) in the amount of $320,195.36 for Fire Headquarters Public Plaza Project (PIN 2011-17). This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A) "Sealed Competitive Method". Funding is available from multiple accounts. Mr. Frankel so moved to approve the Consent Agenda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AMENDMENT TO SERVICE AUTHORIZATION NO. 12- - - INC./LAKE , IDA DRAINAGE IMPROVEMENTS: Approve Service Authorization No. 12-13.1 with Mathews Consulting, Inc. in the amount of $14,911.00 for professional design services (RFQ 42012-06) related to water main improvements in conjunction with the Lake Ida Drainage Improvements Project (Project No. 13-072). This Service Authorization includes design, permitting and bidding services. This recommendation for award is in compliance with Chapter 36, Section 36.02(C)(3) "Professional Services". Funding is available from account 442-5178-536-65.98 (Other Improvements/Lake Ida Area). At this point, Vice Mayor Petrolia left the dais. Deputy Vice Mayor Jarjura stated there is an existing RFQ and that it exceeds the $25,000 minimum for multiple acquisitions from a vendor and she inquired about the amount. In response, Randal Krejearek, Director of Environmental Services, stated he will have to get the number and get back to her. In addition, Deputy Vice Mayor Jarjura asked why this is exempt from the City's Procurement Code and why this item was placed on the Consent Agenda. Mr. Krejearek stated the agreements the City enters into with consultants are all under the Consultants' Competitive Negotiations Act (CCNA) and they have continuing contracts with them and staff aligns the consultants (different consultants have different specialties) with the type of work that the City has; Service Authorizations are typically on the Consent Agenda. Deputy Vice Mayor stated for this particular Service Authorization it is $14,911.00 which would normally require City Manager approval to get quotes from and in addition to that there are multiple contracts with the vendor that will exceed the $25,000 which would require City Commission approval. Deputy Vice Mayor Jarjura stated there is not enough background information provided for her to be comfortable with why this would allow for an exemption of the City's Procurement Code. Mr. Krejcarek stated staff can get the information and bring this back to the Commission. 16 01/20/15 Deputy Vice Mayor Jarjura moved to bring this item back at the next regular Commission meeting of February 3, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. At this point, Vice Mayor Petrolia returned to the dais. 9.B.B. LEASE AGREEMENTICREATIVE CITY COLLABORATIVE: Motion to approve a lease agreement between the City of Delray Beach and the Creative City Collaborative of Delray Beach, Inc. for the lease of approximately 10,289 square feet in the Old School Square Parking Garage. The City Attorney stated at the Commission Workshop meeting of November 13, 2014 there was a brief discussion with respect to this lease. At that Workshop meeting, the Executive Director of the Community Redevelopment Agency (CRA) said that the CRA would not be renewing this lease and that funding for this lease was omitted in this year's budget adopted by the CRA. The City Attorney stated last June the City executed a contract for Purchase and Sale to sell approximately 10,200 square feet in the Old School Square Parking Garage to the Creative City Collaborative (CCC) for the sum of $2,500,000 and the closing date in that contract is set for no later than March 15, 2016. The City Attorney stated one of the terms of that purchase contract was that the parties recognized the CCC lease and the Puppetry lease would be expiring before the March 15, 2016 date and the parties agreed that should the CRA not renew the lease, the City would be willing to lease that premises to the CCC in the same form of lease as was used by the CRA except that the rent will be the rent currently being paid by the CCC and the Puppetry Theatre. The City Attorney stated pursuant to the Contract for Purchase and Sale entered into last June, the City is now implementing that term and the Commission now has before them this lease tonight. Mr. Frankel inquired about the fundraising efforts of this organization. The City Attorney stated he sent an email to the people that he was contact with respect to preparing this lease and he did not receive an update and therefore he has no information to share with the Commission. The City Attorney stated the City is contractually committed to leasing this on the lease rate that he specified to the Commission pursuant to the contract the City entered into in June 2014. Mayor Glickstein stated the $44 million was generated from a City sponsored study which took into account all of the cultural non -profits in the city. Mayor Glickstein stated in terms of an economic benefit accretive to the city he does not believe it was even factored into that study because that study was based on all the other non -profits. Mayor Glickstein stated the Board Chair of the Creative City Collaborative (CCC) has offered to him to report back to this Commission in the first quarter of this year as to their fundraising efforts and is open to "other alternatives." With respect to the CCC taking over the additional space that has been occupied by the Puppetry Center, Mr. Frankel asked whether or not that is a material 17 01/20/15 change in the contract. In response, the City Attorney stated the Contract for Purchase and Sale specifically said that if the Puppetry Theatre failed to renew its lease, the CCC has the opportunity to enlarge its lease to include those premises and the rent will be adjusted to include the Puppetry Theatre rent. Deputy Vice Mayor Jaijura moved to approve a lease agreement between City of Delray Beach and the Creative City Collaborative (CCC) of Delray Beach, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jaijura Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.C.C. REQUEST FOR PROPOSALS RFP OF 2014-381COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS: Consider a motion to approve the Selection Committee's ranking of responses for (RFP 42014-38) collection of Solid Waste and Recyclable Materials. Jack Warner, Chief Financial Officer, gave a brief presentation and stated as the person responsible for issuing the invoices to the residential customers including the charges in their water bills he would rather not have to do this retroactively. Mr. Warner suggested waiting until the ordinance is passed because this gives the City the legal authority to actually commence the charges (staff hopes to do by February 17, 2015) and it will make for a much smoother and much easier process. Mr. Warner stated the Selection Committee consisted of: Francine Ramaglia, Assistant City Manager (Chair), Suzanne Davis, Director of Parks and Recreation, Howard Ellingsworth (private citizen/business owner), Randal Krejcarek, Environmental Services Director, John Morgan, Sustainability Officer. Mr. Warner stated the Selection Committee had the pre - proposal conference questions and answers and they had access to the written proposals. Mr. Warner stated the proposers wrote responses to those evaluations (all of it in writing and recorded). At the request of the Selection Committee, the Purchasing Department went out for references from current and former customers of all five (5) of the Proposers. He stated that all of this information is available on the CD's that staff distributed to the City Commission earlier this month. Mr. Warner stated staff established the following criteria: (1) What is the experience and the qualifications of each of the proposers, (2) How well did they put together an operating plan including an equipment list, a staffing plan, and other resources to be able to provide the services that the City is requiring, (3) What is their experience, (4) Proposer's prior performance especially in similar situations, (5) How well did the vendor do with the proposal, and (6) The cost of the Proposer's services. Mr. Warner stated criteria 1-5 weighted at 50%; cost of Proposer's Services weighted at 50%. Nh•. Warner stated he believes these criteria guided the Selection Committee by establishing a general framework. Mr. Warner stated the process in the RFP was a ranked by each of the Committee members 1-5 (if you were first you got a 1); he reviewed the scores with Waste Management receiving a 6; Republic Services received a 23; there were 3 Proposer's in the middle who were all very close 13 points, 16 points, 17 points. Mr. Warner briefly reviewed the evaluation criteria. Deputy Vice Mayor Jarjura briefly spoke about Ms. Moody's comments with respect to the process and clarified for the record that regardless of which vendor is 18 01/20/15 selected tonight the City did the following: (1) complied with law, (2) a significant savings (regardless of which vendor is selected). Deputy Vice Mayor Jarjura stated regarding the Waste Management contract that was voided by court because it was contrary to law the legal fees expended were returned; the City did not expend any legal fees the City was reimbursed for those legal fees so no additional cost. Deputy Vice Mayor Jarjura stated any fees spent on consultants those fees are minimal if you look at the savings that are going to be absorbed regardless of which vendor. With respect to the RFP and the process, Deputy Vice Mayor Jarjura asked what the Commission's options tonight pursuant to the RFP. The City Attorney stated Section 1.12 of the RFP describes the four (4) options that are available to the City Coinrnission and noted they are limited to these four (4) options. The City Attorney stated the City Commission may do the following: (1) award the ranking to the Proposer that received the highest ranking by the Selection Committee, (2) reject all proposals for any reason this Commission deems sufficient, (3) defer the award of this work and contract until the Selection Committee reconsiders its reconunendation in light of new information that was not available to the Selection Committee, and (4) the City Commission may conduct its own evaluation and ranking of the Proposer's. Mr. Jacquet asked what happens to just making a decision in the best interest of the city whether it is the first choice, second, or third. The City Attorney stated that is not how the RFP reads and that is not an option available to the Commission. The City Attorney stated the RFP was drafted that the role of this Commission after the Selection Conirnittee would be defined and as a matter of law once you publish an RFP which sets forth a prescribed pathway or rules of that procurement, the Commission needs to follow those rules and that pathway to conclusion. Deputy Vice Mayor Jarjura stated it has been raised that certain information has come to light post proposals being submitted and post presentations to the Selection Committee whether it's the commercial accounts or the Clamshell truck issue. Deputy Vice Mayor Jarjura asked that staff explain to her the following: (1) for the Clamshells what was part of the written document supported, and (2) was the Selection Committee's recommendation made prior to any of these alleged mistakes, modifications, or changes that "helped raise Waste Management" by narrowing the price of gas. The City Attorney stated when the Selection Committee had a price analysis before it in the record; he believes that price analysis assumed there would be an annual payment of approximately $204,000 a year for the Clamshell. The City Attorney read the following into the record from page 81, paragraph 18: Waste Management will pay for the operation of the truck (refers to the Clamshell). The City Attorney stated Form 21 which is the bid sheets attached to the RFP that has a rate for a Clamshell truck and driver five (5) days a week $17,000. The City Attorney read the following into the record from Section 1.15 of the RFP that "written amounts will take precedent over numerical amounts." The City Attorney stated also on the Agenda is the form of a definitive franchise agreement with Waste Management and noted if the Commission is going to award a contract to Waste Management they do not want to direct the City Attorney to make the award inconsistent with the bid but the Commission would want to see what that agreement looks like. The City Attorney stated each Commissioner was sent (along with it being posted on the web) a definitive franchise agreement; it is redlined against the franchise agreement that was contained in the RFP so that the Commission can see exactly where changes were made 19 01/20/15 between what was published in the RFP and the contract executed by Waste Management. The City Attorney stated the "Cone of Silence" has numerous exceptions and one of those exceptions is negotiations with the attended awardee of the agreement. Deputy Vice Mayor stated there is an inconsistent proposal from the vendor and during the oral presentations staff asked for clarification on this inconsistency and the proposal. The City Attorney stated the representative from Waste Management said that they intended to be paid for that charge. Deputy Vice Mayor Jarjura stated Waste Management expected the City to pay for that charge and the Selection Committee still ranked Waste Management first. Deputy Vice Mayor Jarjura asked when the Selection Committee considered their recommendation and made their recommendation what number was used. Mr. Warner stated at that time staff was still using the 54,000 cubic yards number which they learned subsequently that it was too high because it double counted the multi -family. Deputy Vice Mayor Jarjura stated the Selection Committee based their recommendation on the 54,000 cubic yards. According to Mr. Warner's presentation he just gave, Deputy Vice Mayor Jarjura asked if the numbers in the commercial prices are based on the 54,612 or the adjusted 32,000 which is the most accurate reflection of today's volumes. Deputy Vice Mayor Jarjura confirmed with Mr. Warner that the Selection Committee's recomrmendation was based upon the $1.2 million difference and knowing that difference the Selection Committee still selected Waste Management. Furtherinore, Deputy Vice Mayor Jarjura stated post that Selection Committee recommendation staff has identified adjustments that narrow that $1.2 gap and the Selection Committee's recommendation is based on that $1.2 million gap. Mr. Warmer stated post the Selection Committee activity staff identified numbers that they believed to be more accurate. Once staff identified those numbers that needed to be adjusted, Deputy Vice Mayor Jarjura asked if Mr. Warner and the City Attorney went back to the Selection Committee to re -present this information to see if it adjusted their ranking in any way. Mr. Wailer stated this was not done. Deputy Vice Mayor stated in the last slide (Slide #20 for total cost) this number reflects the new information post Selection Committee and these numbers are not the numbers that the Selection Committee based their recommendation on. Mr. Warner confirmed that Deputy Vice Mayor Jarjura is correct. The City Attorney stated this item was placed on the Agenda this evening so that not only does the Commission have the ability to confirm the ranking of the Selection Committee, but they also have before them a redlined franchise agreement showing a definitive agreement with Waste Management. The City Attorney stated the changes to that agreement versus what is in the RFP are a few minor changes to the transition language and there is a new Exhibit 13 which is reducing to writing the optional services proposed by Waste Management and Waste Management's Counsel. Deputy Vice Mayor Jarjura expressed concern about an email chain she received five (5) minutes prior to the meeting and how the email was forwarded to the City's consultant Mr. Redman. Mr. Warner commented about how he has been the recipient of many emails from citizens and some of those citizens have extensive blind copy provisions on their emails. Deputy Vice Mayor Jarjura stated the issue is there is a missing "forward" between Waste Management representatives and suddenly the email is in Mr. Redman's email chain. Deputy Vice Mayor Jarjura stated process is a huge issue 20 01/20/15 for her and she is uncomfortable with this. Deputy Vice Mayor Jarjura clarified for the record that this has nothing to do with Commissioner Frankel's email chain. Mayor Glickstein commented about the unexplained emails that involve the City's consultant and those convicted of public corruption. Mayor Glickstein stated he is seeing this for the first time too and is coming based on a private citizen's public records request. Mayor Glickstein stated with respect to the City Attorney's comments written amounts take precedence over numerical amounts; Mayor Glickstein confirmed with the City Attorney that the Selection Committee asked Waste Management the question and Waste Management contradicted that. Mayor Glickstein stated the numerical piece that was superseded valued at $200,000.00 and he asked if that same service is in SWS's proposal. In response, Mr. Warner stated that was a specified requirement in the RFP. Mr. Warner briefly reviewed the responses from the five (5) Proposer's with respect to the Clamshell truck. Mr. Warner stated the Clamshell truck is a single dedicated truck that is under the control of the Contract Administrator so it was understood by all the participants in this that when they stated "Clamshell" that is what they were talking about. Furthermore, Mr. Warner stated "grapple trucks" are generically the same kind of equipment and are used for bulk and vegetative waste. All five (5) Proposer's would have some number of grapple trucks in addition to the Clamshell truck that would be in their proposals; the differences in the proposals between SWS and Waste Management did not have to do with the Clamshell truck but had to do with grapple Trucks in general that would not be under the control of the contract administrator but would be under the control of the hauler and would be part of the fleet that the hauler used to provide the services throughout the city. Mr. Warner stated Waste Management currently uses a subcontractor with grapple truck equipment to provide the service. Mr. Warner stated the way he wrote his presentation was to contrast the two or three Proposer's who did not specifically say how they were going to handle that service by saying they are not going to use that same approach that Waste Management has been using and therefore their vegetative waste and bulk pickup may be unsatisfactory or insufficient. Mayor Glickstein stated this is before the Commission again because there were substantial mistakes, violation of state law, city law, and 1G opinions; and, everyone is here now discussing this with the sole purpose of fairness, transparency, and to get it right. Mr. Cooper stated it has been his experience that there are problems when transitioning from one waste hauler to another waste hauler. He stated one of the things he looked at in reviewing this material is the capacity in the transition and the swap out of potentially 1,200 containers in a timely fashion without an interruption of service. Mr. Cooper stated if there were a disruption of services he would anticipate problems with coininercial and yard waste. Mr. Cooper stated in his experience the transition to change waste haulers took approximately ninety (90) days. Mayor Glickstein commented about the liquidated damages provisions. Mr. Warner stated it is something that is stronger in the proposed franchise agreement than currently. The City Attorney stated the RFP had a draft of the franchise agreement that each vendor was expected to execute; the redlined version is the difference between the RFP draft and the amendments for Waste Management, The City Attorney stated Risk Management evaluated the insurance provisions at the time the RFP was prepared. 21 01/20/15 Vice Mayor Petrolia expressed concern over the process and read a brief statement into the record. After brief discussion, Mr. Frankel moved to defer this hearing for the City Attorney and City Manager to investigate potential "Cone of Silence" violations, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia Yes; Mr. Jacquet — Yes; Mr. Frankel Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 10:34 p.m., Mayor Glickstein stated the City Attorney has requested to move up Item 9.F. on the Regular Agenda. 9.F. LOAN PURCHASE AND SALE AGREEMENTABERIABANK: TRACE AFFORDABLE HOUSING: Motion to Approve a "Loan Purchase and Sale Agreement" between Iberiabank and the City of Delray Beach for the purchase of the Iberiabank loan for the Auburn Trace Affordable Housing Apartments, to authorize staff to perform all necessary due diligence, including obtaining a title insurance commitment prior to acquiring the loan, and to Approve Fee Agreements with Special Counsel in connection with the pending Foreclosure and Bankruptcy proceeding. The City Attorney stated he has included in the backup a memo which outlines the background and detailed discussion regarding the Auburn Trace Affordable Housing Project specifically the financial history and the summary of the proposed loan purchase agreement with Iberiabank. The City Attorney stated there are two (2) pending litigations and there is a third tlureatened lawsuit; however, based on public comments tonight there are multiple threatened lawsuits. The City Attorney stated Iberiabank has a first mortgage total amount due of almost $4.7 million through February 15, 2015 for principal, accrued interest, legal fees, and other costs; the City has a second mortgage with a balance of $4.1 million; the U.S. Small Business Administration (SBA) has a third mortgage for approximately $200,000. The City Attorney stated Iberiabank is willing to sell its first mortgage to the City for a fixed amount of $4.3 million and that would represent a savings of almost $400,000 that would otherwise be due under the mortgage documents. Furthermore, the City Attorney stated Auburn Trace filed a voluntary bankruptcy petition on January 7, 2015 seeking reorganization and that has the effect of staying in foreclosure action. The City Attorney stated the issue tonight is whether or not the City Commission wants to enter into a Loan Purchase Agreement and acquire the Iberiabank loan. The City Attorney stated the Loan Purchase Agreement on the Agenda tonight requires the City to close no later than February 27, 2015 and as a due diligence period that expires February 13, 2015. The City, in its sole discretion can terminate the agreement any time during the due diligence period for any reason to get back the $25,000 deposit that is required under this agreement; this agreement is set up as an "as is" and "where is" agreement with lirrrited recourse. The City Attorney stated during the due diligence period he will order an updated appraisal, inspection report, get with the City's real estate counsel, and examine the loan documents. The City Attorney stated this loan originated in 1989 and he needs to make sure that the City can authenticate the loan and that there is a trail of paperwork sufficient to prove the foreclosure action. The City 22 01/20/15 Attorney stated he will do that with the City's real estate counsel and he spoke with the Iberia Counsel who potentially will represent the City and he will obtain a Title of Commitment. The City Attorney stated the City expects to borrow money to fund this acquisition and if this matter is not resolved in bankruptcy court, the City can expect duration of 9-15 months; if it goes back to a State foreclosure or something of this nature it could take another 6-12 months. The City Attorney pointed out that the City would have a first and second mortgage that is secured and the first mortgage in the amount of $4 million plus dollars is more than adequately covered by the equity in the property so the issue becomes to what extent is the second mortgage covered by equity. The City Attorney stated the other risk for the City is the valuation of the property and the ability of a new buyer and existing owner to either refinance or restructure the debt. He stated affordable housing projects are very complicated because there are existing land use restrictions that limit the income of potential tenants that potentially limits the amount of rent you can charge. The City Attorney stated most affordable housing projects are financed with some sort of tax credit financing. The City Attorney suggested that if the Commission moves forward with the agreement that they counter Iberiabank and request that the due diligence period be extended for an additional thirty (30) days and as a consequence that the closing be pushed to the end of March. He stated this is something the Commission needs to discuss and they need to have some framework of understanding before they enter into that transaction. The City Attorney stated if Iberiabank is willing, at the first meeting in March he will come back to the Commission with an Agenda item that presents all of his due diligence material so that this board can have a discussion on what the status of the property is and the Commission is still within the window and if they choose, for any reason, they can elect to terminate the agreement and get their deposit back. The City Attorney stated he has described the fee agreement with Mr. Furr (special bankruptcy counsel) and noted that Mr. Rubin is currently under contract with the City and the firm of Rogers and Towers has represented lberiabank for at least two plus years and is the lead counsel on the foreclosure and has a history and knowledge of this loan. Therefore, the City Attorney stated he would like to engage him as special counsel should foreclosure be required if the City moves forward. Vice Mayor Petrolia stated Mr. Sweetapple commented that the City is in jeopardy of dealing in bad faith. The City Attorney stated he sees no liability as a result of the City contacting Iberiabanlc and asking whether or not they would like to purchase that loan. Vice Mayor Petrolia inquired if asking for the extra thirty (30) days going to jeopardize the City's situation in being able to purchase the first position if someone else were to come along and possibly offer more. The City Attorney stated the jeopardy is whether or not lberiabank will agree to the thirty (30) day extension because he just learned that information today. The City Attorney stated Auburn Trace tomorrow could write a check and pay off the debt; until there is either foreclosure or the City acquires the loan, Auburn has always had that legal right (they either chose not to do that or do not have the ability to do that). Furthermore, the City Attorney stated if Iberiabank agrees to extend the due diligence period there is no jeopardy; the City has a contract with lberiabank and the first right to purchase that loan. Brief discussion between Vice Mayor Petrolia and the City Attorney continued. The City Attorney explained that the property as of today is subject to a land 23 01/20/15 use restriction with respect to the maximum income tenants can earn if they chose to rent at this complex. The City Attorney stated what may likely happen as a result of a refinancing there may be a new rental restriction on the property so the affordable housing restrictions would be more severe not less. The City Attorney stated you value an affordable housing property differently because you cannot charge market rate rents. Mr. Frankel asked since 1989 how much has the city been paid back of the $3.8 million of the UDAG (Urban Development Action Grant). Mr. Warner stated he believes the original loan was more than the $3.8 million; the $3.8 million is the remaining principal balance to which you add $1 million of accrued interest. Therefore, Mr. Warner stated some of the principal has been paid down and there has been a series of transactions that have occurred where the city received some money (approximately $500,000 give or take). The City Attorney stated if the City acquires the mortgage it is the City's best opportunity to preserve the maximum equity in that second mortgage; however, it comes with risks (i.e. the time risk, the valuation risk, and money the City has to frontload). The City Attorney stated the alternative is that the City is now a second creditor in a bankruptcy and the City has less control of the outcome of that bankruptcy. The City Attorney stated another case (i.e. a third party investor) could acquire the Iberiabank loan, pay full value, and then try to extinguish or foreclosure the City. The City Attorney stated he believes the property is worth more than the first mortgage so there is an over equity situation. Mr. Frankel expressed concern that borrowing multi-million dollars to potentially get a good return is risky. The City Attorney stated one of the advantages is the bankruptcy court unlike state court foreclosure; unlike a contractual obligation; when the bankruptcy court provides a plan of reorganization he believes there is real enforcement. The City Attorney stated if the debtor does not do what is required he believes there will be promptness with enforcement by a court of law. Robert Furr, Furr and Cohen, 1 Boca, Place, 2255 Glades Rd 4337, Boca Raton, FL 33431 stated the debtor filed bankruptcy approximately twelve (12) days ago and as of today they had to file their full schedule. Therefore, Mr. Furr stated they do not know what their total assets are or what they claim are causes of action such as what were threatened earlier in the Commission meeting this evening. Mr. Furr stated once those full cases are filed he will have a better idea of where this case is going to go. Mr. Furr stated what he can see in the initial filing is there are two major secured creditors; one third small secured creditor and maybe 5-10 small or unsecured creditors of maybe less than $10,000-$20,000. Mr. Furr stated if the City is in the first or second position then the City is going to make this case go wherever they want it to go; if the City's decision is they want to try to get as much money out of the property they want by having it sold to a third party they can do that. Mr. Furr stated if the City wants to protect the residents there and continue to operate it as a fixed income property as it is operating presently the City can do that and take over the ownership or find another operator to come in and buy from the City and operate it the way they want to because they were not satisfied with Auburn Trace as an operator. Mr. Furr stated any commercial bank that 24 01/20/15 had the City's second position would do this in a second and as long as the City goes through the due process that the City Attorney has discussed there is no risk or minimal risk. Mayor Glickstein stated a thirty (30) day due diligence in a complex transaction like this is not adequate when you overlay the tax credit financing on this which is driving the cash flow and driving the value. Therefore, Mayor Glickstein stated he believes that any buyer is going to be faced with that same analysis. Deputy Vice Mayor Jarjura moved to approve a Loan Purchase and Sale Agreement between Iberiabank and the City of Delray Beach for the purchase of the lberiabank loan for the Auburn Trace Affordable Housing Apartments, to authorize staff to perforin all necessary due diligence with the amended and recommended due diligence period (moved up to March 13, 2015) as outlined in the comments by the City Attorney tonight including obtaining a title insurance commitment prior to acquiring the loan and to approve the agreement with Special Counsel in connection with the pending foreclosure and bankruptcy proceeding and extending the closing date to no later than the last day of March, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein -- Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Jacquet stated he will be leaving the meeting early and since he will not be present for Commission comments he wished to note that he sent an email to the City Manager regarding a Sister Cities for Haiti. Mr, Jacquet stated he was in Haiti for the past two weeks and received an invitation to come and discuss the possibilities of a Sister Cities for the City of Aquin for February 4-9, 2015. Mr. Jacquet stated in order to make that a reality the Commission would have to have a consensus to say "yes" or "no". Mayor Glickstein stated he believes that this Commission already decided as a policy to expand the Sister Cities initiative. Vice Mayor Petrolia moved to extend the meeting beyond 11:00 p.m., seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. At this point, the time being 11:01 p.m., Mr. Jacquet left the meeting. At this point, the Commission moved to Item 9.A., of the Regular Agenda. 9.A. WAIVER REOUESTIGARY'S RACK FAT ROOSTER: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(J)(3), "Roof Signs", for two flat wall signs to be placed above the roofline or on the parapet for Gary's Rack Fat Rooster located at 204 East Atlantic Avenue. (Quasi - Judicial Hearing) 25 01/20/15 Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into the record for Items 9.A., 9.11., and 9.C. Chevelle Nubin, City Clerk swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose .their ex parte communications. Mr. Frankel stated he spoke with Gary Rack, Deputy Vice Mayor Jarjura stated she spoke with resident Lee Cohen. Vice Mayor Petrolia stated she had no ex parte communications. Mayor Glickstein stated he had no ex parte communications. Al Berg, Assistant Director of Community Improvement, stated Rack's Fat Rooster Restaurant is requesting a waiver to LDR Section 4.6.7(J)(3). The property is located at 204 East Atlantic Avenue. Mr. Berg stated the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification on September 23, 2014 to allow a change to the architectural elevations by raising the parapet wall along the north and west elevations. He stated the idea is to not have a sign extend above the roofline; with the new changes the applicant will have plenty of room for the placement of a sign. Mike _Covelli, Covelli Design Associates, Inc.. 2295 NW Corporate Blvd. Suite #213 Boca Raton Florida 33431(s „ peaking on behalf of theapplicant) stated in order to apply with Code the only signage that they could do is cover the entire awning with the signage and they want to do something more tasteful. Mr. Covelli stated because of the roof deck only being twelve (12) feet high in this particular case, he is requesting the waiver in order to allow the signage on the parapet wall. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public comment was closed. There was no cross-examination or rebuttal. Deputy Vice Mayor Jarjura stated she is in favor of the variance because there is no other structure that has this unique height; and, because the parapet has been approved it would not look right if the signage is not put where it was intended to be on that extension. Vice Mayor Petrolia stated she supports the waiver request as well. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to approve the Board Order, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein -- Yes; Vice Mayor Petrolia — Yes. Said motion passed with 4 to 0 vote. 26 01/20/15 9.B. CONSIDER A SIDEWALK IN -LIEU FEE/ 130 SE 7f AVENUE: Consider a request from the property owner of 130 SE 7.'h Avenue for a sidewalk deferral or the option to pay a fee in -lieu of sidewalk. (Quasi-Judieial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had no ex parte communications to disclose, Deputy Vice Mayor Jarjura stated she spoke with Mr. Halberg and also went on a site visit. Vice Mayor Petrolia stated she spoke with Mr. Halberg as well. Mayor Glickstein stated he had no ex parte communications to disclose. Dana Little, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2014-037 into the record. Mr. Little stated the property is located at 130 S.E. 7th Avenue and is in the Marina Historic District. He stated in April/May of last year building permits were issued for the construction of a new single family home which included a location for a new five foot (5') sidewalk. In October 2014, the applicant requested a sidewalk deferral or the option to pay in -lieu versus constructing the new sidewalk. At its meeting of November 13, 2014, DSMG (Development Services Management Group) did not support a sidewalk deferral or the in -lieu fee option and requested that the sidewalk be installed. Mr. Little stated DSMG considered the following elements of the property: (1) that it is within the Transportation Concurrency Exemption Area (TCEA) and per the Comprehensive Plan Policy D-3-7 in the Transportation Element "the City shall eliminate the missing links in its sidewalk network..." and (2) the builder installed a "D" type curb to form on -street parking which has a concrete sidewalk along its edge and there were some elements that lean towards the necessity of a sidewalk in this area. On December 16, 2014, the developer (Mr. Chuck Halberg) submitted a letter requesting to go before the City Commission to request the in -lieu option "we believe installing this walk to nowhere at this time is a hazard. There currently is no sidewalk to the south and no sidewalk to the north. There are currently 23 parking spaces to the north which prohibit the 'installation of that section of sidewalk so no connection can be made at this time." Mr, Little commented about S.E. I" Street and S.E. 7`h Avenue (looking to the southwest) and at the intersection there is a sidewalk but it is not raised (no curb and gutter along the edge). He stated as you move further south over time partially in the right-of-way and partially on private property is head -in parking. He stated as you head further south closer to the subject property that condition continues and it is interrupted periodically with mailboxes, etc. Mr. Little stated it is not a consistent sidewalk in place right now nor would it be an easy to do the whole length of the street. Mr. Little stated the option since the September 9, 2014 Workshop meeting from staff's perspective is (A) build the sidewalk, (B) participate in the payment in -lieu program (depending on your location), or (C) continue with the deferral application or request. He stated in this case it is an approximate a 50 foot (50') wide lot and it would be about a $4,000 contribution in terms of the payment in -lieu. Staff recommends denial of the requested sidewalk deferral or in - lieu payment request for 130 S.E. 7th Avenue. Chuck Halberg, Stuart and Shelby Development, 205 George Bush Boulevard, Delray Beach, FL 33444 (representing Carolyn and Bill Schroth), stated 27 01/20/15 they have been living here about 8 years and 2 years ago bought the property to build their final home on (April 2013). Mr. Halberg stated the home is historic and it took approximately a year to get through the process. He stated at that time there had been discussions about a sidewalk deferral and when they received the permit that all got put on hold until they were getting ready to finish the house. Mr. Halberg stated his understanding is they did not want the "D" curb but that came from Engineering and he felt that a valley curb would have been the proper thing to do. Mr. Halberg stated the payment in -lieu gives the city the money ($2,048 a square foot; $40 a lineal foot x 50 — $2,000). He stated the idea was to pay it and if they ever get to the point of doing it all for foot traffic then it makes sense to do it all at once. However, Mr. Halberg stated he does not feel now is not the time to do it. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the sidewalk in -lieu fee, to come forward at this time. There being no one from the public who wished to address the Commission regarding the sidewalk in -lieu fee, the public comment was closed. Mr. Little stated Mr. Halberg is correct with respect to the mathematical calculation for the in -lieu payment. There was no cross-examination or rebuttal. Deputy Vice Mayor Jarjura stated she does not support a deferral because of the point that was raised by city staff that this is part of the Comprehensive Plan to eliminate the missing links and the sidewalk network throughout the TCEA within the quarter mile of this boundary. However, Deputy Vice Mayor Jarjura stated this is a case where she does believe the in -lieu fee option is appropriate for the language that Mr. Halberg highlighted that it is inappropriate (i.e. there are historical homes on the street, the conditions of the back out parking with those 25 spaces to the north are going to remain that way for some time, at that time the in -lieu payment fee that is paid now as well as any other additional in -lieu fees should then be applied to have a continuance sidewalk to meet the Comprehensive Plan Policy D-3.7.) Deputy Vice Mayor Jarjura stated to the south and north there is no sidewalk and because of the existing conditions with the back out parking it would create an unsafe situation where someone could dart in and out. Deputy Vice Mayor Jarjura stated aesthetically she can see staff's point that this is a unique existing condition now with the curb with no sidewalk but she would rather take the money and utilize it toward a long-term plan of completing this sidewalk on this piece. Deputy Vice Mayor stated she supports an in -lieu fee not a deferral. Vice Mayor Petrolia concurs with Deputy Vice Mayor Jarjura for exactly the same reasons and she fully understands why staff would have to make the recommendation to not accept that because it is in the TCEA area and it requires them to make that decision. 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). 28 01/20/15 Vice Mayor Petrolia moved to adopt the board order as presented (approving the waiver for sidewalk installation for 130 S.E. 7t' Avenue), seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel -- Yes. Said motion passed with a 4 to 0 vote. 9.C. CONDITIONAL USE REQUEST/SUNFLOWER CREATIVE ARTS CHILDCARE: Consider approval of a conditional use request to establish a child care facility, Sunflower Creative Arts Child Care within the Del -Ida Park Historic District. The project consists of the adaptive reuse of the 3,132 square foot, contributing structure from a single-family residence to a childcare facility, along with associated site improvements including a thirteen (13) space parking area located on the east side of the property located at 227 Dixie Boulevard. (Quasi -Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he responded to an email that Attorney Jeffrey Lynne sent {not as an attorney); Deputy Vice Mayor Jarjura stated she received the same email but she did not respond to it; Vice Mayor Petrolia stated she received the same email but she did respond; Mayor Glickstein stated he too received an email and also received a telephone call from Tom McMurrian (who actually grew up in this house built by his dad). Dana Little, Director of Planning and Zoning, entered the Planning and Zoning Department project file ##2015-027 into the record. Mr. Little stated the subject property is a little over a half acre and includes a 3,132 square foot contributing single-family structure within the Del -Ida Park Historic District. He stated the project consists of the adaptive reuse of this residence and converting it into a child care facility. The associated improvements would include a parking area upfront that would be accessed by Dixie Boulevard. Mr. Little stated the applicant is SunFlower Creative Child Care and has been in operation in Boca Raton for twenty-two (22) years and the business is looking to establish their first "home" and create a facility for a licensed child care for a nature based alternative day care option for parents in the area. The facility proposes to provide service of up to twenty-five (25) pre- school aged children Monday through Friday, between the hours of 8:30 a.m. and 2:30 p.m. Mr. Little briefly reviewed the location map and stated the property is currently zoned RO (Residential Office); day care and adult day care uses are permitted upon conditional use approval. Mr. Little also reviewed the existing conditions of the property. Joni Brinkman Urban Design Kilday Studios speaking on behalf of the applicant Sunflower Creative Arts stated they are proposing to construct all the parking on the northeast portion of the vacant lot; it is a contributing structure in the neighborhood and the entire goal of the neighborhood is to maintain the residential character. Ms. Brinkman stated they are also installing pavers to give that residential feel and revised their site plan. She stated they meet the findings as required by the Code for the conditional use, the child care use is not detrimental to the neighborhood, it is consistent with the land use and zoning and is permitted as a conditional use approval, the 29 01/20/15 use is in compliance with level of service standards and meets concurrency items, the proposed use is in compliance with LDR Sections as required and Chapter 3, Policy A- 4.1 of the Comprehensive Plan. Based on staffs recommendations, Ms. Brinkman requests approval. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the conditional use request for Sunflower Creative Arts Child Care, to come forward at this time. Joe Snider Architect 1010 N.E. 8t& Avenue #35 Delray Beach FL 33483 has been on City Boards includina the Green Task Force and currently serves on the Palm Beach County Zoning Commission), speaking as a parent and a Sunflower Creative Arts family member Mr. Snider stated this organization will be a fantastic asset to Delray Beach. In addition, Mr. Snider stated the organization offers great programs in addition to daycare. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public comment was closed. There is no cross-examination or rebuttal. Mayor Glickstein stated this is great. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor PetroIia Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 0 vote. 9.D. PROPOSED AGREEMENT/GABRIEL„, ROEDER, SMITH & COMPANY (GRS): Consider approval of an agreement with Gabriel Roeder Smith & Company (GRS) for actuarial consulting services that reflects the City's expected FY 2015 requirements for actuarial services in an amount not to exceed $50,000.00. Funding is available from various sources. Jack Warner, Chief Executive Officer/Finance stated the City uses GRS to provide actuarial consulting in support of the bargaining activity and staff is in the process of transitioning the relationship from the City Attorney to Finance and felt it was a good time to modify the existing contract signed 18 months ago. Mr. Frankel moved to approve an agreement for fiscal year 2015 acquisitions of actuarial and consulting services from GRS in the amount not to exceed $50,000.00, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — No; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, 30 01/20/15 Commissioner Petrolia dissenting. 9.E. SOFTWARE LICENSE AGREEMENT/SUNGARD PUBLIC SECTOR, _INC.: Consider approval of a Software License Agreement with Sungard Public Sector, Inc. retroactive to October 1, 2014, for software licensing maintenance and support for Public Administration Software at a cost not to exceed $342,000.00 for a three-year term. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source". Jack Warner, Chief Executive Officer/Finance stated Sungard Public Administration software is what the City uses for all of the business with the exception of the Police and Fire specialized software. Mr. Warner stated the way software is acquired and sold is that there is an initial license and there is an ongoing maintenance fee that is paid every year to the software vendor. He stated the City has had this software for close to thirty (30) years. Mr. Warner stated since he has been here staff is in the process of looking for alternatives for the software and even if staff was prepared to make a recommendation today. He stated it would likely be much of the three (3) year term maintenance agreement that staff is asking for before they would be able to do the switch out and transition to the new software regardless of who the vendor is even if it is Sungard. Mr. Warner stated the City has the software and using it and the City is required to pay the annual maintenance and staff requests authorization from the Commission to make the payments. Deputy Vice Mayor Jarjura stated she previously requested that this item be pulled when Mr. Cooper started his employment in January. Deputy Vice Mayor Jarjura asked what changes have been made from the previous item. Mr. Warner stated the major changes from the time that the Commission saw this in December was a four- part item (Mr. Warner noted that he was not actually in the meeting) which included this license and it also included a recommendation to move forward to upgrade within the Sungard family which included a small $12,000 item needed in the Utility Billing division to facilitate the Meter Change -out Project that is ongoing and it included a couple of consulting contracts that were associated with the upgrade to Sungard but were not with Sungard. Deputy Vice Mayor Jarjura stated she had some questions as to whether or not the expiration date and the termination clause has been corrected. The City Attorney stated there is now a termination for convenience for a thirty-six (36) month term in the agreement and he also revised the agreement that any substantial travel must be approved in advance. Mr. Frankel moved to approve the Software License Agreement with Sungard Public, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows. Mr. Frankel Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.H. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Nomination for appointment of one (1) regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2018. Based on the rotation system, the nomination for appointment will be made by 31 01/20/15 Commissioner Frankel (Seat #3). Commissioner Frankel moved to nominate Stephanie Sugar (incumbent) as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2018, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel Yes. Said motion passed with a 4 to 0 vote. 9.I. DISCUSSION/SECOND REGULAR CITY COMMISSION MEETING IN FEBRUARY 2015: Discussion regarding the rescheduling of the February 17, 2015 Regular City Commission Meeting. (ADDENDUM) The City Cleric stated the City Clerk's office was notified on January 6, 2015 that the Delray Beach Open by the Venetian Las Vegas will be held February 13- 22, 2015 and the City Commission presently has a meeting scheduled for February 17, 2015, The City Clerk requests that the City Commission move their meeting from Tuesday, February 17, 2015 to Tuesday, February 24, 2015. Vice Mayor Petrolia moved to approve to move the regular City Commission meeting from February 17, 2015 to February 24, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia --- Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura ---- Yes. Said motion passed with a 4 to 0 vote. 11. FIRST READINGS: A. None 12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 12.A. City Manager None. 12.B. Cily Attorney None. 12.C. City Commission 12.C1. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura echoed comments expressed by Mayor Glickstein about not outsourcing the maintenance employees of the Public Works and Parks and Recreation Departments. Furthermore, Deputy Vice Mayor Jarjura stated she sent a communication to the City Manager and spoke to him on the telephone about this 32 01/20/15 and that as far as she understood it there was no direction or a policy decision made by this Commission to outsource any maintenance employees. Secondly, Deputy Vice Mayor Jarjura commented about the Community Gardens ordinance. She stated when the City does the cleanup for the CBD that we also need to make sure that was addressed because she does believe it was noted in previous presentations by the Planning and Zoning Department about the Community Gardens ordinance. 12.0.2. Mr. Frankel Mr. Frankel congratulated The Ohio State University on the National Championship. 12.C.3. Vice Mayor Petrolia None. 12.C.4. Mr. Jacquet None. 12.C.5. Major Glickstein None. There being no further business, Mayor Glickstein declared the meeting adjourned at 11:44 p.m. 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 January 20, 2015, which Minutes were formally approved and adopted by the City Commission on June 16,._2015. 33 01/20/15 l -- 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. 34 01/20/15 2015. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITYOF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR RACWS FAT ROOSTER RESTAURANT AT 204 E. ATLANTIC AVENUE 1. This: waiver request. came before the City Commission on January 20, 2.. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Gary Rack's Fat Rooster Restaurant at 204 E, Atlantic Avenue, All of the evidence is .a part of the record in this case. Required findings are made in accordance with: Subsection 1. I. WAIVERS; Pursuant to LDR Section 2.4.7(B)(5), prior to: granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities;. (c) Shall not create an unsafe situation; and, (d) Does not result in. the :grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.70)(33) Pursuant to LDR Section 4.6.7(J)(3), a sign erected on the roof, or above the roof line, or on the parapet is a' prohibited sign. The applicant is proposing two flat. wall signs to be placed above the roofline on the parapet. Should the waiver to: Section 4.6.7(J)(3) allowing two flat wail signs to be placed above the roofline on the parapet at 204 E. Atlantic Avenue be granted? Yes 4 No 0 1 City Commission Regular Meeting 1120115 Item 9.A. 3. The City Commission has applied the Comprehensive Plan and L,DR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan, 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these.findings. 5. Based on the entire record before it, the City Commission approves V"' denies — this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 20th day of January 2015, by a vote of 4 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. li to , ayor City Commission Regular Meeting 1120115 {tem 9.A. 201.5. IN THE CITY COMMISSION CHAMBERS. OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST'FOR THE SIDEWALK INSTALLATION FOR 130 S.E. 7th AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACHy FLORIDA 1. The waiver request came before the City Commission on. January 20, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the sidewalk installation requirements for 130 S.E. 7th Avenue. All of the .evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 6.1.3(D)(1)(b),. where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. A. Waiver to LDR Section 6.1.3(C)(4). Pursuant to LDR Section 6:1.3(0)(4), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon." which they abut. However, installation of sidewalks within a residential. subdivision may be waived or deferred. Or, in situations where it is inappropriate to install a sidewalk concurrent with development,. installation of a sidewalk may also be substituted by an in lieupayment of funds sufficient to pay for installation of the sidewalk at a later date in pursuant to The applicant is asking to waive the requirement for the Installation of the sidewalk and if granted pay an in lieu fee. i. Should the waiver for the sidewalk installation for 130 S.E. 7th Avenue be granted? Yes. 4 No 0 City Commission Regular Meeting 1120115 Item 9.8. If the waiver is not granted, no further action is required by the City Commission. If the waiver is granted, the following must be considered: ii. Should the applicant be required to pay an in lieu fee to cover the cost of the sidewalk installation at a later date? Yes 4 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver request for the sidewalk installation at 130 S. E. 7th Avenue and hereby adopts this Order this 20th day of January, 2015, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D_ Glickstein, Mayor City Commission Regular Meeting 1120115 [tem 9.13. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH,. FLORIDA CONDITIONAL USE REQUEST FOR SUNFLOWER CREATIVE ARTS CHINO CARE AT 227'.DIXIE BOULEVARD ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request came before the City Commission ori January 20, 2015. This: cora,dit bnal.use request is to allow a child care facility to be established at 227 Dixie Boulevard.. 2. The City staff.and Applicant presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Sunflower. Creative Arts Child Care facility. All of the evidence is a part of the tecorc3 in.this case. Required findings are made in accordance with Sections I and II.. I. COMPREHENSIVE PLAN a. Comprehensive Plata — Future Land Use Element Objective A-1 This objective requites that the property be. developed or redeveloped in a manner so that the future use and intensity is appropriate andcomplies in terins of soil, topographic, and other applicable physical considerations, iscompluxientaty to adjacent land uses, and fulfills remaining land use needs: Is. Future Land Use Element Objective A 1 met? Yes 4 No 0 b. Future Land Use Map The resulting use of land or structures must be allowed in the zoning district withiii which frac land is situated and said zoning must be consistent with the applicable land use- designation as shown: on the. Future Land Use Map. The subject property has a Future: Land Use Mapdesignation of TRN (Transitional) and a zoning designation. of RO (Residential Office). Is. the project's proposed location consistent with the Future Land Use Map? Yes 4. No 0 City Commission Regular Meeting 1120115 Item 9.C. C. Concurrency: Facilities which acre provided by, or tbrough, the City shall be provided to new development concuitent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established -,vitbin the Comprehensive Plan. Concutrency as defined pursuant to Objective B-2 of the Land Use Element .of the Comprehensive Plan must be met and a determination made. that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to requite the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes 4 No 0 d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 4 No 0 11.. LTR REQUIREMENTS: a. LDR Section 2.4.5(E) Requited Findings (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission iuust detennine that the conditional use will not: 3. i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or .redevelopment of nearby properties. Are the requirements of Section 2.4.5 (E) (5) met? Yes 4 No 0 The comments and notes set forth in the staff report are Hereby incorporated herein. 2 City Commission Regular Meeting 1120115 Item 9.C. 4, The City Commission has applied the Comprehensive Plan and LDR tequirements in existence at the time the conditional use request Was submitted.. 5. The City Commission f -ids there is ample .and competent substantial evidence to support its findings: in the record submitted and adopts the facts contained in the record including but not Iiinited to the staff reports and testimony of experts and other competent witnesses supporting these findings. G. Based on the entire record before it, the City Co"bission approves ✓ denies the conditional use request set fortl .above'subject to the conditions set forth in Exhibit A;. attached Hereto and made a part hereof; and hezeby adopts this otdet this 20th day of January, 2Q15,,by a vote of 4 in favor and 0 opposed, ATTEST: rw R\ Cheve]le .Nubia City Clerk 3 Caty D. Glicks , Mayor City Commission Regular Meeting 1120115 Item 9.C. EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR SUNFLOWER CRE,U'- VE ARTS CHILD CARE 1, That should the Royal Poinciana tree be removed, duc to necessity (i.e. poor condition) or other justifiable means, then an appropriate substitution should be required as deemed acceptable by the City's Landscape Planner, and in accordance with the LDRs. 2. That a site plan, similar to the plan submitted for Conditional Use review be granted approval by the HPB. 3. That compliance with LDR Section 4.3.3(E) be assured, with a plan specifying the dedicated areas for the students, a statement explaining the proposed play area to include any relevant exhibits or illustrations, and a statement of commitment regarding compliance with State and County regulations. 4 City Commission Regular Meeting 1120115 Item 9.C.