Emails in PDF Format - MacNamee & WarnerWynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Sunday, August 09, 2015 11:40 PM
To: Petrolia, Shelly
Subject: Re: Fwd: Budget Information Request
You need to look at the attachments and then lets have a phone conversation. The Reserve Account is scary.
Cooper is telling you the reserve ratio will fall from 24.99% to 17.30%. Need to get that on the table ASAP. It makes
absolutely no sense.
Tony Badala told me SWS was picking up all our trash. If so, why do we still need 5 Sanitation workers?
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Sunday, August 9, 2015 7:50 AM
Subject: Fwd: Budget Information Request
FYI
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delrav Beach, FL 33444
Petrolia m delra beach.com
Phone: (661) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only 1 Cit
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message:
From: "Cooper, Donald" <cooperd(a).mydelraybeach.com>
To: "Petrolia, Shelly" < etrolia m delra beach.com>
Cc: "Warner, Jack" <warner(O-),mydelraybeach.com>
Subject: RE: Budget Information Request
Attached please find responses to your questions. As we discussed we are still in the process of
compiling the budget and as such I expect the review to continue through the end of next prior
to draft into form to recommend to Commission. There remains a number of issues yet to
determine. I have tried to answer your questions based upon information we have or can easily
develop as you are aware our accounting and IT systems leave much to be desired. We can
discuss on Tuesday when we meet if there is additional information needed or additional
questions. I hope you have a great weekend.
From: Petrolia, Shelly
Sent: Tuesday, August 04, 2015 12:02 PM
To: Cooper, Donald
Subject: Budget Information Request
Good Afternoon Mr. Cooper,
During your interview process, you said you would start "Day One" on the budget because the people
need to have confidence that their tax dollars are being spent wisely. As you have learned, it has not so
the public (and l) are rightfully skeptical.
In your resume, you took credit for PSL's low millage rate (in the 4's). So, I am expecting far more Budget
input from you than we received the past two years from Chapman and Stewart.
Exhibit A, pulled from the 5120115 Agenda Item 9-L was deplorable. The totals for the rows did not add up.
This showed me you either didn't review the lead page presentation or you were lacking in attention to
detail in a very important responsibility.
The commission received a preliminary 2016 budget on 7/14/15 and set a millage rate cap. I expect that
means Mr. Warner and you have completed your final reviews of several department 2016 Budget
submissions. Please forward the 5 most significant changes/contributions you have made so far in order
of priority (1 being the most significant) with supporting Worksheets.
I also want an additional 2 items with your response, which I would like to receive by Friday.
1. A Reserve Account Balance Activity Analysis with actual amounts for 2010-2014 (Mr. Warner provided
this on the final day of millage approval last year) with 2015 Projected and 2016 Budgeted. Make sure the
Reserve Ratio % (based on the Sept. adopted Gen. Fund Budget) is reflected on the bottom and how
much excess Reserve dollars the City has above the City Commission standard of 19%. Please forward
me any credit agency publication that states what Reserve Ratio % they are looking for. I recall hearing
20%.
Given how Mr. Warner struggled with refunding the $1.6M in AGAR Cart Replacement fees, I am leery
about his Reserve amount recommendations. So, I want the City's reserve position decision to be made
as analytically as possible and not on someone's "gut feelings."
2. The worksheets and 2016 Budget for the Sanitation Fund. I want to see the impact of the benefits of
converting to SWS and them providing additional services. You probably want to include a projected
9130115 balance sheet so that I can see the adequacy of the Unrestricted Net Position.
I expect a reduction in the City's millage rate with no noticeable reduction in services to citizens
Thank You,
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15t Avenue
Delray Beach, FL 33444
Petrolia m delra beach.com
Phone: (561) 243-7010
Note to Manor & commissioners., This message is for your information only. To comply with the
Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE. NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails
containing city business should be directed to either: all City Commissioners jLqnbLLCit
Commissioner at a time and should not include prior responses from the other Commissioners in
order to avoid the perception that a third party is acting as a liaison between Commissioners.
Wynn, Kimber!
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Wednesday, August 05, 2015 9:56 AM
To: Petrolia, Shelly
Subject: Re: Budget Information Request
Fantastic email! Make sure you get your answers by Friday.
From: "Petrolia, Shelly" < etrolia m delra beach.com>
To: Kenneth MacNamee <k'macnamee ahoo.com>
Sent: Tuesday, August 4, 2015 12:03 PM
Subject: FW: Budget Information Request
Keeping you in the loop of by Budget requests, Ken.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, FL 33444
Petrolia@ myde I rayb ea ch.co m
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records mailable to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all Cit Commissioners or only 1 Cit Commissioner at a time and should not include prior responses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
From: Petrolia, Shelly
Sent: Tuesday, August 04, 2015 12:02 PM
To: Cooper, Donald
Subject: Budget Information Request
Good Afternoon Mr. Cooper,
During your interview process, you said you would start "Day One" on the budget because the people need to have
confidence that their tax dollars are being spent wisely. As you have learned, it has not so the public (and I) are
rightfully skeptical.
In your resume, you took credit for PSUs low millage rate (in the 4's). So, I am expecting far more Budget input from you
than we received the past two years from Chapman and Stewart.
Exhibit A, pulled from the 5/20/15 Agenda Item 9-L was deplorable. The totals for the rows did not add up. This showed
me you either didn't review the lead page presentation or you were lacking in attention to detail in a very important
responsibility.
The commission received a preliminary 2016 budget on 7/14/1.5 and set a millage rate cap. I expect that means Mr.
Warner and you have completed your final reviews of several department 2016 Budget submissions. Please forward the
5 most significant changes/contributions you have made so far in order of priority (1 being the most significant) with
supporting Worksheets.
I also want an additional 2 items with your response, which I would like to receive by Friday.
1. A Reserve Account Balance Activity Analysis with actual amounts for 2010-2014 (Mr. Warner provided this on the final
day of miliage approval last year) with 2015 Projected and 2016 Budgeted. Make sure the Reserve Ratio % (based on the
Sept. adopted Gen. Fund Budget) is reflected on the bottom and how much excess Reserve dollars the City has above the
City Commission standard of 19%. Please forward me any credit agency publication that states what Reserve Ratio
0/6
they are looking for. I recall hearing 20%.
Given how Mr. Warner struggled with refunding the $1.6M in AGAR Cart Replacement fees, I am leery about his Reserve
amount recommendations. So, I want the City's reserve position decision to be made as analytically as possible and not
on someone's "gut feelings."
2. The worksheets and 2016 Budget for the Sanitation Fund. I want to see the impact of the benefits of converting to
SWS and them providing additional services. You probably want to include a projected 9/30/15 balance sheet so that I
can see the adequacy of the Unrestricted Net Position.
I expect a reduction in the City's millage rate with no noticeable reduction in services to citizens.
Thank You,
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15` Avenue
Delray Beach, FL 33444
Petrolia@mvdeiraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all City Commissioners or only 1 City Commissioner at a time and should not include prior responses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, August 13, 2015 10:31. AM
To: Glickstein, Cary
Cc: Gottesman Marisa; randy@bocamag.com; mbuczyner@cbsl2.com; vince dole; Cooper,
Donald; Pfeffer, Noel; Warner, Jack; Charlie Keegan; Petrolia, Shelly; Katz, Mitchell;
Jordana Jarjura; Jacquet, AI; PBC Inspector Inspector
Subject: Are You Capitulating?
Mayor Glickstein:
Below highlighted in Red is a section from an email I sent to you in March 2015:
I bring this to your attention because of a alarming comment you made at the end of
the 8111115 Commission Meeting concerning Staff's performance, "Coming from the
private sector, I have tempered my expectations of staff's performance".
Your candidacy was looked upon as an "agent of change". You were going to make a
positive difference compared to McDuffie and Carney. Now it sounds like you are
capitulating and staff has trained you to accept "business as usual".
Again, please get staff to perform to your'private sector' standards. Anything less is not
"results, results, results" that you set for expectations during Mr. Cooper's interview last
year. You weren't asking for much considering Cooper's opening remark was, "I think
outside the box. I am impatient if there are not results."
I have been examining City work product for 6+ years. I don't see any significant
improvement from the "Harden, Shutt Safford" era to the current "Cooper, Pfeffer,
fi
Warner" regime. You have been a Mayor now for 2+ years. I don't think you can blame
it any longer on prior Commissions/Mayors.
The two biggest accomplishments in the past year were the trash contract conversion
to SWS ($8.3M savings) and the $1.6M AGAR cart fee refund. To use your vernacular,
you were a "show horse" in both matters. Commissioner Petrolia was the "work horse"!
You have a chance of being the work horse"on the Auburn BK but with a monthly
g Y
e uit burn rate of $107K it could be slippingaway. Get control of Atty. Furr to get it
resolved and finalized. The City shouldn't lose a dollar if the matter is properly litigated
and closed out in a timely matter. So far, Atty. Furr has dragged it out.
Another statement you made at the 8111115 Meeting, "I am defending staff' makes me
wonder who comes first-- the citizens and taxpayers or staff? If there performance and
work product was exemplary, they would be defending themselves. Instead, Finance
Director Warner berated the Commission? Normally outspoken, you were eerily silent
during and after that tirade. Was this another example of staff training you?
P.S.-- Your biggest shortcoming has been with the P&F Pension Plan. The 2014 burn
rate was $375K per month! And, it is never even an agenda item. That is the "800 Ib.
gorilla" that you have inexplicably continued to duck.
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, August 17, 2015 9:44 PM
To: Glickstein, Cary
Cc: Jarjura, Jordana; Petrolia, Shelly; Katz, Mitchell; Jacquet, Al; Cooper, Donald; Pfeffer,
Noel; Warner, Jack; Gottesman Marisa; randy@bocamag.com; mbuczyner@cbsl2.com;
Charlie Keegan; PBC Inspector Inspector; vince dole
Subject: The Hypocrisy of the Mayor's 8/11/15 Personal Attack Against Commissioner Katz
Attachments: CaryPEs.pdf
Mayor Glickstein;
At the 8111/15 meeting, you accused Commissioner Katz of blindsiding City Attorney (CA) Pfeffer.
Isn't that an example of the "pot calling the kettle black"? Read my 6!6115 email below, especially the section
highlighted in Red.
Then, read the attached file with your Performance Evaluations for Pfeffer and Cooper. Your two page review for
Cooper (pgs. 4 and 5) is perfunctory, cursory, and with minimum effort on your part. Note it was dated 517115 with
none of the comments in Red below.
But, as shown in red below, you blindsided Cooper at the Commission Meeting with 10 critiques! Hubris and
hypocrisy on your part?
You performed a similar PE for Pfeffer. Compare that with the 79 page PE Commissioner Petrolia did on Pfeffer.
Using your vernacular again, Ms. Petrolia is the "workhorse" and you are the "show horse"! How could a "non -
lawyer" so dramatically outperform you?
Your 5 page PE work product in the file below is similar to the PE Mr. Cooper performed recently on Finance
Director Warner. In that PE, Cooper rated Warner a perfect score-- 153 out of a possible 1531 This for a Finance
Director who:
1)- defaulted on two bond payments in 2014
2)- incorrectly calculated "reserves" in the City's 2014 CAFR-- probably the most important number in the Financial
Statements
3)- submitted a grossly inaccurate Budget revision in May
4)- doesn't make journal entries timely and accurately (Iberia loan purchase)
5)- apparently doesn't get the City's bank account reconciled monthly (see #4 above)
Obviously, Mr. Warner is far from being a "perfect" Finance Director. I bring this to your attention because of your
very disconcerting comment at the 8111115 Meeting, " Coming from private industry, I have tempered my
expectations for staffs work performance.".
Your short shrift PE work product noted above and your "tempered expectations" comment sadly indicate to me that
staff has "trained" you to lower your standards. That demoralizes me as I viewed you as an "agent of change"
instead of being McDuffielCarney revisited.
Finally, please read the two sections below in Blue about Cooper hiring ACMs. He isn't going to start interviewing
until the end of August? This reminds me of how CA Pfeffer (and Furr) ignored your directives at the 6116115 Auburn
BK appearance. You need to do a better job of "follow up" on your direct reports unless that is part of your
"tempered expectations" statement. Maybe I am 'old school' but I consider their inordinate delays to outright ignoring
you to be unacceptable. I suggest you cease dissing your compatriots (Petrolia and Katz) and start holding your two
reports (Cooper and Pfeffer) accountable.
----- Forwarded Message
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
To: Cary Glickstein <glickstein@mydelraybeach. com>
Sent: Saturday, June 6, 2015 11:07 AM
Subject: 612!15 Commission CA and CM Performance Evaluation Debacle --Your Positive Input
Cary:
Yesterday, i watched the 1.5 hour video replay of the Pfeffer and Cooper performance evaluations. It was
nauseating. The Commissioners looked like contestants on the "Ted Mack Original Amateur Hour". I prepared and
conducted far more effective performance evaluations when I was in my twenties (i.e., the 1970s).
"Verbal" Performance Evaluations? To put it in your real estate business vernacular to show how ridiculous that is, it
is comparable to a "verbal" Agreement of Sale!
From hereon, let's dwell on the POSITIVE- your comments to CM Cooper. Re his employment selection, you
stated, ... happy with the choice given the options available". The bold type is my emphasis noting the subtlety of
the "slim pickings" you had in the 5 candidate interview process. I agree with your selection that Cooper was the
best of a weak field. My first handwritten paragraph summarizing the CM applicants' resumes and subsequent
writings last Fall:
"Based on their responses, you are measuring "mole hills". There isn't a first rate candidate in the bunch. Your
headhunter has failed the Commission in finding a "true" manager. 3 have eliminated themselves so you have
Hernandez and Cooper. Either will require Commission supervision and direction. I'm sure they come out of the
CM 'mold' from the ICMA. I didn't see anything where any candidate provided any "value added" for citizens and
taxpayers."
mom
say 3 because 1 or 2 probably won't cut the muster. It is imperative that work get done and the City grooms
Cooper's replacement. You want Delray to become known as the "incubator" for developing CMs. You have to plan
based on the premise Cooper won't cut it or even if he does, he is probably a short timer. I think he has been
reluctant to hire an ACM because he is poor trainer and it gives him job security listening to the hand wringing some
of the other Commissioners whine about him possibly leaving.
Let's digress to his interview and the following exchange between you two starting with your directive and then
question;
"There is a sense of urgency. We have lost a year. Convince us you have the vitality?". Cooper's response, "I
consider it exciting Yoiulrbfinilal endigective to Mry and is fCooper,M hecipal City government
results, tlesultsi results!". c. ave to'up'
the level of performance.".
"Exciting", "energy", "self -driving", "dynamic". I haven't seen any of those action words in Cooper's demeanor or his
performance.
Cooper has been on the job for 5 months with little being accomplished. Contrary to the Commissioner apologists
saying he has a hard job, he has an EASY one! There are so many things wrong with the City he could be fixing he
could look like a star! Instead, l am seeing another "transition" alibi maker like Chapman and Stewart. I am not
asking for him to 'fix' the entire City in a year. I am just asking for some noteworthy items to get timely installed in the
"Done Box", or in your words, "results, results, results!".
Here is a scary premonition. l have given the Commission a 7 page, 57 comments Report on the 2014 CAFR. There
are multi -millions in potential savings to substantially reduce the millage rate. Let's see what Cooper comes up with
on his own. I bet a re -hash of prior year's budgets. Here are budget related statements that Cooper made during
interview:
1)- experienced, willingness to think outside the box"
2)- 1 am impatient if there are not results
3)- Government must admit when it has made mistakes
4)- Delray cannot sit on its laurels
5)- staff must be transparent and open
6)- On the Budget question, "I would start Day One. It's the public's money. The public must have confidence its
money is being spent wisely.".
7)- Re his background references, he retorted "I don't think 1 was tough. l just held people accountable. {have little
patience with the impractical aspects of government performance".
8)- 1 will not put forth platitudes to just answer questions
Now did the Commission et "conned" with a buzz -word dro in interviewee or is Cooper a man of his words?
Don't dwell on it.
a
10
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Friday, August 28, 2015 7:12 AM
To: Glickstein, Cary
Cc: Petrolia, Shelly; Jarjura, Jordana; Katz, Mitchell; Jacquet, Al; Pfeffer, Noel; Cooper,
Donald; Nubin, Chevelle, Gottesman Marisa; randy@bocamag.com; PBC Inspector
Inspector; mbuczyner@cbsl2.com; Charlie Keegan; vince dole
Subject: Fw: Public Records Request the "Broward" Experience
Mayor Glickstein:
Below is an example of a governmental body committed to customer service. As l have copied the commission
multiple times during your tenure as Mayor, l sometimes have received "stonewalling" as opposed to service with
Delray. And, PRRs are a State law requirement! I typically get better PRR service from other governmental bodies
than Delray.
When you first entered office, you too recounted your problems with Delray's PRR service. You used the analogy of
being hung up
over "blue vs. azure". Do you recall? Well, you have been Mayor for 2.5 years now and 1 haven't
seen much improvement in PRR the TIFNMany of my matter with #pheblems CRA, have centered around CA Pfeffer with the fates
being trying to get your efforts about
Delray taxpayers pay a "premium" millage rate. in the PRR area, I don't think we are getting anything close to
premium service.
--- Forwarded Message -�---
From: "Kelleher, Kevin" <KKELLEHER@broward.org>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>; "Holcomb, Felicia" <FHOLCOMB@broward.org>
Cc: "Hutka, Thomas" <THIJTKA@broward.org>
Sent: Thursday, August 27, 2015 8:02 PM
Subject: RE: Public Records Request -- Re Former Employee Noel Pfeffer
Mr. MacNamee,
Thank you for taking the time to recognize the efforts of Ms. Holcomb and Ms. Knight, In Broward County, we strive to
provide excellent customer service and I am glad that Ms. Holcomb and Ms. Knight have exemplified this. I will certainly
share your comments with Ms. Knight's Director. Thanks again for taking the time to recognize their efforts.
Sincerely,
Kevin B. Kelleher, Director
Human Resources Division
115 S. Andrews Avenue, Room 508, Fort Lauderdale, FL 33301
Office: 954-357-6005 Fax: 954-357-8414
E -Mail: kkelleher broward.org
www.broward.or
11
Customer Care is my priority. How am I doing? Please contact the CFO/Director of Finance and Administrative Services Department,
Robert R. Miracle, CPA at brniracle broward.or with feedback. Thanks!
Froin: Kenneth MacNamee [kjmacnamee@yahoo.com]
Sent: Thursday, August 27, 2015 4:16 PM
To: Kelleher, Kevin; Holcomb, Felicia
Subject: Fw: Public Records Request -- Re Former Employee Noel Pfeffer
Mr./Ms. Kelleher:
I am responding to your feedback request highlighted in Red below.
I submit many PRRs. Ms. Holcomb's response was timely, thorough, professional, and she even went the 'extra
yard'.
I forwarded the results to my Delray Commissioners and specifically noted how much superior Ms. Holcomb's
performance was compared to what I often receive in my home town.
I also had another very favorable experience with Ms. Elinor Knight in the Broward Public Works Dept
commend Broward County on its commitment to this vital public service-- PRRs. You are fortunate to have
employees like Ms. Holcomb and Ms. Knight handling PRRs. Keep up the good work!
----- Forwarded Message -----
From: "Holcomb, Felicia" <FHOLCOMB@broward.org>
To: 'Kenneth MacNamee' <kjmacnamee@yahoo.com>
Sent: Monday, August 24, 2015 10:22 AM
Subject: RE: Public Records Request -- Re Former Employee Noel Pfeffer
Dear Mr. MacNamee,
Noel Pheffer was employed with Broward County Board of County Commissioners from July 16, 1979 through
July 5, 2014. His official personnel file contains no performance evaluations, letters or communication of
commendation or letter or fetters or communications of reprimand.
Please contact me if 1 can be of further service.
Cordially,
Felicia Holcomb, Human Resources Assistant
(954)357-6092
Customer Care is my priority. How am I doing? Please contact my director, Kevin B. Kelleher, at xLeiiehen@browardorg with feedback.
12
From: Kenneth MacNamee [mailto:kjmacnamee@yahoo.coml
Sent: Tuesday, August 18, 2015 9:05 PM
To: Holcomb, Felicia
Subject: Re: Public Records Request -- Re Former Employee Noel Pfeffer
Ms. Holcomb;
Please email to me the following re Noel Pfeffer, former Broward County Attorney:
1)- Dates of employment
2)- Since 1/112010
A)- Performance Evaluations on Mr. Pfeffer performed by a Supervisor
B)- Any letters/ communications of commendation
C)- Any letters/communications of reprimand
if none exist in 2A, 2B, or 2C, please so state. Thanks!
From: "Holcomb, Felicia" <FHOLCOMB broward.org>
To: "'kimacnamee@yahoo.com"' <k'macnamee ahoo,com>
Sent: Tuesday, August 18, 2015 1:05 PM
Subject: Public Records Request
Dear Mr. Macnamee,
You may email me with the Public Records Request and upon receipt, I will be happy to process it.
Cordially,
Felicia Holcomb, Human Resources Assistant
Qi57-E092
at L elleher Lbroward. ora with feedback.
Under Florida law, most e-mail messages to or from Broward County employees or officials are public
records, available to any person upon request, absent an exemption. Therefore, any e-mail message
to or from the County, inclusive of e-mail addresses contained therein, may be subject to public
disclosure.
Under Florida law, most e-mail messages to or from Broward County employees or officials are public
13
records, available to any person upon request, absent an exemption. Therefore, any e-mail message
to or from the County, inclusive of e-mail addresses contained therein, may be subject to public
disclosure.
Under Florida law, most e-mail messages to or from Broward County employees or officials are public
records, available to any person upon request, absent an exemption. Therefore, any e-mail message
to or from the County, inclusive of e-mail addresses contained therein, may be subject to public
disclosure.
14
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Friday, August 28, 2015 1:09 PM
To. Petrolia, Shelly
Subject: Re: See attachment below
You made your case. Now let others carry the torch.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Friday, August 28, 2015 7:42 AM
Subject: See attachment below
FYI
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. Is' Avenue
Delra Beach FL 33444
Petrolia(cD-mydelraybeach.com
Phone: 561 243-7010
Note to Mayor & Commissioners, This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only 1 Cit
Commissioner at a time and should not include prior res onses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message:
is
16
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Saturday, August 29, 2015 3:27 PM
To: Glickstein, Cary
Cc: Jacquet, Al; Jarjura, Jordana; Shelly Petrolia; Katz, Mitchell; Pfeffer, Noel; Nubin, Chevelle
Subject: Fw: PRR--TIF Research Performed at the Mayor's direction-- Second Request
Mayor Glickstein:
Based on the response below, either you never discussed the TIF with Atty. Pfeffer or he didn't hear you.
In any event, it is sad to think the TIF/CRA big dollar financial issue ($8.8M or 16% of Total RIE taxes) wasn't worthy
of an email or other written communication considering the recent public remark you made upstaging Commissioner
Katz when he raised the issue. Your comment looks specious and self-aggrandizing now.
Considering the legitimate concerns about TIF and the CRA's escalating share of City taxes you raised a few
months ago, l thought you were probably on top of it. 1 guess it is another example of you raising an important
matter and not having any follow through. P&F is the prime example with getting Auburn Apts. listed with a realtor
(as you stated as being "paramount") being more recent.
I thought you would be a different type of Mayor, one who "walks the walk"!
--- Forwarded Message
From: "Nubin, Chevelle" <Nubin@mydelraybeach.com>
To:'Kenneth MacNamee' <kjmacnamee@yahoo.com>
Sent: Friday, August 28, 2015 5:27 PM
Subject: RF: PRR--TIF Research Performed at the Mayor's direction-- Second Request
Mr. MacNamee,
IT performed an email search and there were no responsive emaiis pertaining to #1 of your request.
1n addition, there are, at this time, no documents as pertaining to #2 of your request.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach,com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
17
From: Kenneth MacNamee [mailto:kjmacnamee@yahoo.com]
Sent: Wednesday, August 26, 2015 9:38 PM
To: Nubin, Chevelle; Pfeffer, Noel
Cc: Commissioners, Mayor; Cooper, Donald
Subject: Fw: PRR--TIF Research Performed at the Mayor's direction-- Second Request
To All:
Another example of where I must send a "Second Request" on a mundane but important matter which shouldn't
take CA Pfeffer 5 minutes to finalize. When Mayor Glickstein first took office, he also criticized the City's PRR
performance record. Well Mayor, it hasn't improved much if any from the McDuffie regime. Other governmental
entities still for the most part perform better than Delray.
-- Forwarded Message ------
From: Kenneth MacNamee <k�macnamee ahoo.com>
To: Chevelle Nubin <nubinC@mydelraybeach.com>; Noel Pfeffer <pfefFer(a�mydelraybeach.com>
Cc: Mayor Commissioners <commissionersma or ci.delra-beach.fl.us>
Sent: Thursday, August 20, 2015 8:35 AM
Subject: PRR--TIF Research Performed at the Mayor's direction
Ms. Nubin and Mr. Pfeffer;
At the end of the 8118 Commission Meeting, Commissioner Katz stated he learned at the Fla. League of Cities
Conference that the CRA tax revenue percentage is not etched in stone at 9515 to the CRA but that it could be
"negotiated".
The Mayor stated he was aware of such and had directed Mr. Pfeffer to look into it. Accordingly, l request the
following documents be emailed to me concerning Mr. Pfeffer's work to date on the Mayor's directive:
1)- Any emails or other communications between the Mayor and Mr. Pfeffer
2)- In addition to the above, the 3 most significant documents Mr. Pfeffer has unearthed or produced in the matter.
Thanks!
18
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Wednesday, September 02, 2015 10:54 PM
To: Petrolia, Shelly
Subject: Re: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now
to 2016
It boggles my mind that the City has no clue what these 4 people do but they added the fourth this year along with 3
vehicles.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>; "Cooper, Donald" <cooperd@mydelraybeach.com>
Sent: Wednesday, September 2, 2015 2:14 PM
Subject: Re: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now to 2016
1 too, have been asking about this fund for years. I too, have many emails not unlike Mr. MacNamee.
Before tomorrow's hearing, I would like the questions raised by Mr. MacNamee addressed.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15{ Avenue
Delray Beach FL 33444
Petrolia m delra beach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or oniv 1 Cit
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
On Sep 2, 2015, at 1:15 PM, Kenneth MacNamee <kKmacnamee ahoo.com> wrote:
Commissioners and CM Cooper:
19
For the third you in a row, I have analyzed the Sanitation Fund (SanFund) Budget(2016). Given my
1219/14 email to Mr. Cooper below, I was expecting a new, involved budgeting approach correcting
the problems I noted in the 2 prior years. instead, I see the same old approach wasting trash
customer money, bleeding commercial customers, and illegally subsidizing General Fund
operations. The bottom file ("SanFundWorksheets 2106") is the source for my observations below
and the references therein:
1)- Wasting Trash Customer Money
(A)- Again there are NO Takeoffs of the work which 4 Sanitation employees perform. And, we added
the fourth this year!
(B)- Direct costs for the 4 total $351,760 (prior year it was $319K so there was a 10% increase). A
lot of trash can be removed for that cost but we have no clue what the City tips (dumps).
(C)- the 4 workers now have 4 trucks (1 added this year) and two new golf carts (Yes, 6 vehicles).
Again the question, to do specifically "WHAT"?
2)- Bleeding Commercial Customers-- the City already in effect did that with the recent SWS bid.
The County collection rate is just over $3 per cubic yard but Delray's businesses pay close $5.
Herein, the Commercial customers continued to get whacked. They pay a 10% Franchise Fee
whereas Residential customers only pay 5%. The Commission can correct this injustice here in
September by properly and fairly leveling the field at 5% for all trash customers
3)- Illegally Subsidizing General Fund Operations—
(A)-the SanFund's charge for its share of Gen. Fund Admin expenses (GIL 49-22) ranged from
$354K - $365K from 2013 to 2015. For 2016, it escalates to $445,170 ($81,370 or 22%) with NO
explanation. The Admin charge to trash customers is $.35 per month. For 36,000 trash customers
this amounts to $151,200 annually which also covers Water and Sewer. So one third attributable to
Trash would be $50,400 ($151,20013) saving the SanFund $394,770 ($445,170 - $50,400).
(B)- in a/c 91-01 there is buried the beach raking contract for $109,480. It acknowledges the work is
for "Parks and Rec", which is a Gen. Fund function. Clearly, this is an illegal charge to trash
customers and should be removed form the SanFund in its entirety.
hted
I have written extensively on the Slawed Commgissiog. Just n haveread the been dulyealppr sed of the
excerpts below to see how management andthe
problems but they continue to fester. The Red type below is an update.
-- Forwarded Message -----
From: Kenneth MacNamee <k' namee ahoo.com>
To: "ddbcooperpaol.com" <ddbcooPer0a0l.c0m>
Cc: "etrolia m delta beach.com" < etrolia m delra beach.com>
Sent: Tuesday, December 9 2014.11:31 Am.
Subject: Fw: 2016 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --cont.
Mr Cooper
20
During your interview process, Commissioner Petrolia tried to test all applicants on their budget
prowess based on my emails below. Unfortunately, the headhunter didn't attach the files at the
bottom so you couldn't do a comprehensive review.
de the box" as
i will see thatyour.
nitation Fund even though he
ving. 1 believe the Sanitation
�t process:
no notations from either he
crests, and..
as one'of your strengths.
As a former CFO who performed, reviewed, and submitted countless budgets utilizing "bottoms up"
and "zero based" budgeting techniques( terms the City claims it does do but in this instance
obviously didn't), it is deplorable work product.
Mr Stewart left $934K on the #able. That is serious money to me. Feel free after you review to phone
me (610- 5062097) if you have any questions or wish to review.
----- Forwarded Message -----
From: Kenneth MacNamee <k macnamee ahoo.com>
To: Mayor Commissioners <commissioners mayorci.delra-beach.fl.us>
Cc: Terrance Stewart <stewart a mydelraybeach,com>; Jack Warner <warner(c�m d�iraybeach.com>
Sent: Wednesday, October 15, 2014 8:55 AM
Subject: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --cant.
commissioners::
Below is a 8122114 email where acting City Manager(CM) acknowledges receiving information from
me concerning the Sanitation Fund Budget issues. Sadly, he didn't utilize it and produced a 2015
San. Fund Budget with virtually no value added.
Below are two files which dernonstrate hove his.review. should. have been performed. For the
involved, print out the 4 page "SanFund 2015" file and use it while reviewing the 9 page
"2015SanFundWorksheet fife-- the City s baseline work product. For the time challenged who prefer
a "Cliff Notes" approach, just open"SanFund2015" and read the blue type:'You'll see $934K in
possible tras..`customer savings that.Mr. 'Stewart left on the table!
When I did the same review last year in my 9114113 email below, I did it on a Sunday morning in 2
hours and just raised 13 comments. I thought this would "jump start" Mr. Stewart for this Budget year
but obviously it did not. He appears to have done less Budget work this year than Mr. Chapman did
last year, At least Mr. Chapman told the Commission he wasn't going to do an in depth Budget
review as it was going to be a "transition year".
So, I did Mr. Stewart's job.for hire with "SanFund2015" It took me 5 hours his year It can be a
template for all City Department Supervisors and Budget Preparers. on how Budget Warlcsheefi info
should'be performed. Yes, it is lengthy and detailed but ask Mayor Glickstein as.a real. estate
developer how long it takes.to produce a,good set of construction plans/drawings and how valuable
and -useful :they are to a successful project.
In addition to a Budget template for staff, here is another potential valuable use of my work product.
21
Use it as a "Case Study" for applying City Managers. They must have hands on experience with
Sanitation issues and Budgeting. Maybe you withhold my "SanFund2015" file, but give them the
email trail below and the "2O15SanFundWorksheet" file. See what comments, questions, and
recommendations they come back with.
Using the Mayor as a real estate developer analogy again, I highly doubt he engages subcontractors
just based on resumes and sales pitch interviews. He probably reviews the quality of the
subcontractors recent work product.. That is what the City needs to do with its CM interviewing
process as opposed to primarily relying on resumes and how good a public speaker an individual is.
Given the City's now revealed "operational and administrative issues", Delray needs a CO who is
hands on and leads by example with his work product - not another well spoken "sermonizer"
flying at 30,000 feet instead of on the ground with: employees and getting .problems solved:
l realize my 4 page work product may be arcane and for the budget and financially trained. So
please feel free to contact me (610-506-2097) with any questions you may have. Again, it is like the
detailed pages in the Mayor's construction drawings which l am confident he will tell you are
invaluable in completing a successful community like he has done many times throughout his real
estate development career.
--- Forwarded Message -----
From: "Stewart, Terrance" <stewart@,Mydelraybeach-com> <warnerCa�mydelraybeach.com>
> Warner, Jack
To: 'Kenneth MacNamee <k'macnamee ahoo,com ,
Cc: "Commissioners, Mayor" <Commissioners Ma or d.delra -beach.fl.us>; "Connor, Danielle"
<Connor m ydelra beach.com>; Gottesman Marisa <m ottesman sun-senti d co b>c .com>;
" {anti ua b ost.com" <iianti uaCcr�nbpost.com>; randyCcD-bocamaai <mbucz nerCa�cbsl2.com>; Vince
Chaz Stevens <chazstevens mail.com>; ' mbuczynerCa�cbs12.com y
Dole <gelod3 aCwahoo.com>
Sent: Friday, August 22, 2014 1:07 PM
Subject: RE: Flawed Budgeting—Revisited
Ken,
Thank you for the information you have provided. Jack and I are currently engaged in budget
review sessions with each of the department directors.
Best regards,
Terry Stewart, Interim City Manager
(561) 243-7010
From: Kenneth MacNamee [mailto:kimacnamee ahoo.com]
Sent: Tuesday, August 12, 2014 10:45 AM
To: Stewart, Terrance; Warner, Jack
Cc: Commissioners, Mayor; Connor, Danielle; Gottesman Marisa; ilantiaua(d)obpost.com;
rand bocama.com; Chaz Stevens; mbuczyner cbsl2.com; Vince Dole
Subject: Flawed Budgeting --Revisited
Messrs. Steward and Warner:
Below is a'detailed analysis I performed on a deplorable Budgets like ou
submission last year. It is`the type of review a Budget S.uperulso y
should be performing this year..
22
My 9114113 report below was summarily ignored by your predecessors
(Chapman and Boyd). Their excuse? "We are new to the City's Budgeting
process so we don't have time for in depth reviews. This will be a
"transitional" year."
Even if you cannot review each departmental budget, please just publicly
disclose your three best reviews similar to the one I did below on the
Sanitation Fund -- a function crying for improved operating efficiencies.
Your reviews will show all budget submitters what you expect from them in
the budget process. It would be "leading by example" instead of by
mandate.
About a month ago, NBC Nightly News ran as segment on the same "solar
belly compactors" installed in Philadelphia. The results? Staffing was
reduced from 31 full-time employees to 9 (70%!) Yet, somehow Delray
budgeted for a 21 % salary increase. Apparently, the individual who
prepared Delray's budget and the subsequent reviewers didn't take the new
technology into consideration.
Given this blatant "disconnect", how can anyone have any confidence in
the City's budgeting process? We were told it was "bottoms up" and "zero
based" budgeting. Obviously, that was not the case here.
For the upcoming 2015 Budget, the one department budget that has similar
overtones is Fire Rescue. The County evaluated Delray's needs and
offered to perform the service for $2M less. But, the 2015 requested budget
is $2.5M more. There is a $4.5M unexplained adverse swing here. The
County Fire Rescue personnel apparently have another operational
approach which the City should consider.
Another reason why you should closely assist and review the Fire Chief's
(Ms. Connor) submission is because she has a proven track record of not
being "expense control oriented". She has been a P&F Pension Plan
Trustee for the past 5 years (2008-2012). That Plan has received an "F"
grade from the State for its performance now for three years running. At the
same time, the General Employee Pension Plan earned "A" grades.
23
One of the reasons why P&F has performed so poorly is its high expenses.
It incurred $3,778,161 in investment and administrative expenses
compared to $1,402,412 for Gen. Employee ( $2,375,749, or 169% higher).
Chief Connor may be a great firefighter and paramedic but she appears to
need some assistance and oversight in the business management of the
department.
---- Forwarded Message -----
From' Kenneth MacNamee <kwmacnamee ahoo.com>
To: Mayor Commissioners <Commissioners Ma or ci.delra-beach.fl.us>
Cc: Gottesman Marisa <mgottesman sun-sentinel.com>; "cha man m delra beach.com"
<chapan(Qmydelraybeach.com>; "boyddPmydelraybeacti.com" <bo dd(�mydelraybeach.com>
m
Sent: Saturday, September 14, 2013 8:34 AM
Subject: Sanitation Fund-- Wasted Money and Flawed Budgeting
Commissioners:
Here we go with a long missive on a small Delray function--- Sanitation
Fund (#433). It is based on the San 13114 proposed file above and pages
96 and 97 of the 8113113 Budget at the City's website. After 3 previous
emails, I hope Commissioner Gray has at least found if not looked at the
latter by now.
I have been retired since 1999 and am residing in Valley Forge for the
summer. Yet, I am going to perform a budget cost center review which I
highly doubt either Finance Director Boyd or City Manager Chapman can
comparably demonstrate that they have already done and can match for
content and quality. In other words, I am doing their job disclosing the
following defects in the 2014 Sanitation Fund budget which I believe
permeates the City's entire budgeting process.
1)- First and foremost, the;attached'file is'almoSt. totally devoid of "takeoffs"-;'
L. e , the work that needs to be done'(# of routes, #of 90 gal. cans serviced,
frequency 'Of service, quantity Of trash collected, man days <needed, etc.).
24
"Special Collection" revenue where the City rightfully charges the property
owner.
8)- G/L 44-45 "Vehicle Rental"-- in addition to the aforementioned 3 trash
vehicles, we also pay pro rata for the Asst. Director and one of the other
part time supervisor's Ford Focus. Hey, we are apparently not paying for
the other part time supervisor's vehicle. Hooray, for once it looks like the
Delray trash rate payer catches a break!
.-,x rr A A 177'; - 1! L.:.., ...i �r�nrni�r. IVZr-A Vi ti,%A+k .inoVr% if'`7li
explanation or even` a computation.. It looks like another way to bleed th
�h customers to pay for the General funds operations (See comment on
nchise f\Fee # 15 below) See:`3(A)'above
10)-GIL 49-35 "Cart Renewal and Replacement". - This is egregious and a
rip off of the 16,500+ Delray residential Curbside container customers. The
budgeted cost of replacing carts increases 20% from $50K to $60K. What
is not disclosed is that customers pay $.90 per month which totals
$178,200 annually. Curbside container customers have been overcharged
over $100K per year and it has now accumulated to approximately $1.5M!
This overcharging must begin to be refunded to the affected customers
now by eliminating the $.90 charge at the 9117/13 meeting when the trash
ordinance comes up for vote! Hallelujah! Commissioner Petrolia finally
rectified this matter two months ago with the $106 refund to AGAR
customers!
11)- GIL 49-90 "Other Current Charges"-- this includes $99K for changing
liners with the increase resulting from 24 additional bus shelters? Based on
the WM contract extension, they pick up bus shelters at no charge. Why is
the City budgeting for what appears to be now a WM service? See GIL 43-
31 (but it lacks an explanation). The cost has fallen from $50K in 2015 to a
budgeted amount of $1 K in 2016
12)- GIL 52-20"Gen. Gen. Oiler. ++
_ Supplies - Alas, I found takeoffs! We are
buying 46 recycling containers for the beach. We might not need that many
if our staff worked weekends. Worse yet, we are paying $220 per container.
A 90 gallon curbside cart only costs $53. Maybe we should talk with or get
bids from the 90 gallon supplier.
13)- GIL 52-22 "Uniforms"-- more takeoffs and very informative. What we
learn here is that the LPC apparently doesn't pick up trash. He is just
another supervisor. He doesn't get 2 pairs of $100 work shoes or a work
shirt. So, it looks like we have 3 trash pickers and 2.25 supervisors! Talk
about a "top heavy" organizational structure for something as mundane as
emptying trash cans!
14- G/L 91-01 "XFR� Gen.:.Fund"-- This may be the best yet! The budgeted
amount increased from $.85510 to $1.10;690 ($25,1`80 or 29%)! This is
26
park grass? See 15 following:'
15)- Franchise Fee (actually the 10% Delray Sales Tax levied on its trash
customers)- Delrays' FF is 10% to operate its Sanitation function.
Unincorporated County operates with a 3% FF. Because Delray's FF is so
excessive it garners the revenue to pay for all the waste, questionable
operating practices, and General fund dumping of expenses noted above.
Again, Commissioner Petrolia led the charge to get the FF reduced to 5%
but it was only done for Residential customers. Needs to be done for
Commercial now!
----------------------------------------------------
Commissioners, I did this analysis in 2 hours and I can't type. I have limited
access to underlying information. The critical footnote, which is not
available on the website, is far from being comprehensive but you can see
how enlightening it was. How many footnotes have you received and
reviewed?
The immediate pressing matter for you this Tuesday is to (1)- eliminate the
$.90 cart replacement charge for curbside customers rightfully returning
$178,200 to them and (2)- reduce the FF from 10% down to 8%. There is
no balance sheet (reserve) information in the footnotes but the Sanitation
Fund's reserves for cart replacement and hurricane debris removal has to
be well in excess of $3M. Is this reserve included in the City's Reserve
calculation? I doubt it but its there.
If the budget padding is this obvious in this one area, don't you think it
might also exist in other departments? Hmmn!
Feel free to email or phone me (610-506-2097) with any questions.
27
-- Forwarded Message -----
From: "Nubin, Chevelle" <Nubin@mydelraybeach.com>
To: 'Kenneth MacNamee' <k'macnamee ahoo.com>
Sent: Tuesday, September 10, 2013 5:01 PM
Subject: Public records request-- Sanitation Fund
Mr. MacNamee,
Please find attached the documents pertaining to your request regarding the Sanitation
Fund.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1St Avenue
Delray Beach, Florida 33444
561-243-7051
nubin _`mydelraybeach.com
From: Walinski, Milena
Sent: Tuesday, September 10, 2013 1:51 PM
To: Nubin, Chevelle; O'Connor, Rebecca; Herrmann, Lisa
Subject: RE: Public records request-- Sanitation Fund
Hi Chevelle,
Sorry for the delay. I've attached print screens of receivable balance and how the revenue was
recorded (FY 2010). Attached is a copy of the agreement with D&J. I think this answers his
questions.
Milena L. Walinski CGFO
Assistant Finance Director
City of Delray Beach
140 N.W. 1stAvenue
Delray Beach, FL 33444
561-243-7134
561-243-7166 (fax)
walinski ci.delra-beach.fl.us or
walinski m delra beach.com
From: Nubin, Chevelle
Sent: Tuesday, September 10, 2013 12:41 PM
To: O'Connor, Rebecca; Herrmann, Lisa
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Milena,
What is the status of the reply for Mr. MacNamee? I need to get this out to him today.
Chevelle D. Nubin, MMC
28
City Clerk
City of Delray Beach
100 NW 16t Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 11:22 AM
To: O'Connor, Rebecca; Herrmann, Lisa
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Thank you.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin(a mydelraybeach.com
From: O'Connor, Rebecca
Sent: Thursday, September 05, 2013 10:54 AM
To: Herrmann, Lisa; Nubin, Chevelle
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Milena will be answering this.
From: Herrmann, Lisa
Sent: Thursday, September 05, 2013 10:52 AM
To: Nubin, Chevelle
Cc: O'Connor, Rebecca
Subject: RE: Public records request-- Sanitation Fund
Not from me. Becky?
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 10:42 AM
To: Herrmann, Lisa
Subject: RE: Public records request-- Sanitation Fund
Thanks, Lisa.
Any information regarding this last paragraph from Mr. MacNamee:
"Given that background, please direct me to where I can locate the $500K
of revenues credited to the Sanitation Fund. Was the $500K recorded as a
lump sum with a receivable set up? If so, when and in what GIL accounts?
29
How much has been received and what is the outstanding balance? I have
reviewed pg. 96 of the 2014 Budget and it doesn't appear to be there as a
revenue going back to 2011 Actuals. Based on a review of the summarized
info in the 2009-2011 CAFRs, it looks like it may have been fully recorded
in 2010."
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin e,mydelraybeach.com
From: Herrmann, Lisa
Sent: Thursday, September 05, 2013 10:29 AM
To: Nubin, Chevelle; Hartman, Lisa; O'Connor, Rebecca
Cc: Boyd, David; Walinski, Milena; Butler, Lula
Subject: RE: Public records request-- Sanitation Fund
Regarding item #1 — I have attached the worksheets for the proposed 13114 budget and the approved
12113 budget. The current proposed will not match exactly with the proposed budget online as there has
been a change since that time, it is minor and it was reducing the proposed salary increase from 5% to
4% for employees as discussed at the September 3rd Commission meeting. This amounted to $1,670
being removed from the salary and FICA lines items and being moved to the project reserve account.
The Sanitation budget is provided by the Sanitation and Utility Customer Service divisions and is
approved by the City Commission.
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 10:00 AM
To: Hartman, Lisa; Herrmann, Lisa; O'Connor, Rebecca
Cc: Boyd, David; Walinski, Milena; Butler, Lula
Subject: FW: Public records request-- Sanitation Fund
Hi all,
We have received a Public Records Request (see below) relating to the Sanitation
Fund. In regards to the requested information, please provide me with an estimated
cost associated with research time, extensive use of information technology resources
or extensive clerical or supervisory assistance by personnel of the City on or before
Monday, September 9, 2013 or sooner.
***Please provide me with the requested information electronically on or before
Wednesday, September 11, 2013 or sooner, if possible. If you cannot provide
electronic copies, the hardcopies is fine, just make sure you include the total cost.
Should you have any questions, please feel free to call me at ext. 7051.
30
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 St Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
From: Kenneth MacNamee [mailto:kmacnamee ahoo.com]
Sent: Thursday, September 05, 2013 7:20 AM
To: Nubin, Chevelle
cc: Commissioners, Mayor; Chapman, Louie; rschultzCcDpbpost.com
Subject: Public records request— Sanitation Fund
Ms. Nubin:
I request the following re the Sanitation Fund:
lump sum with a receivable set up? If so, when and in what G/L accounts?
How much has been received and what is the outstanding balance? I have
reviewed pg. 96 of the 2014 Budget and it doesn't appear to be there as a
revenue going back to 2011 Actuals. Based on a review of the summarized
info in the 2009-2011 CAFRs, it looks like it may have been fully recorded
in 2010.
Sanitation Fund 2015 Budget Review.docx>
<2015SanFundWorksheets.pdf>
<SanFundWorksheets16.pdf>
32
Wynn, Kimber!
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent:Sunday, September 06, 2015 12:28 AM
To: Petrolia, Shelly; Cooper, Donald
Subject: Re: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now
to 2016
CM Cooper and Commissioner Petrolia:
No Ms. Petrolia, l did not receive it but thank you for keeping me in the loop considering my commitment to getting it
right.
See my comments and questions in Red below immediately following Mr. Cooper's explanations.
The cost a 4 man staff and questionable GF charges are draining this Fund unnecessarily. Please provide the info
requested so that 1 can more accurately determine the extent. I find it inexplicable why specific takeoffs of pick ups
are still not available.
From: Petrolia, Shelly" <petrol!a@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, September 3, 2015 8:22 AM
Subject: FW: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now to 2016
Did know if you received this email but wanted to make sure you were on this thread of response.
She4ly Petrolia
vice Mayor
City of Delray Beach
100 N.W. 1't Avenue
Delray Beach, FL 33444
Petrolia m delra beach.com
Phone: (561) 243-7010
Note to Ma ror & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all City Commissioners or onl 1 Cit commissioner at a time and should not include rior responses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
From: Cooper, Donald
Sent: Thursday, September 03, 2015 7:51 AM
To: Petrolia, Shelly
33
Cc; Warner, Jack; Coleman, Michael
Subject: RE: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting—Continued now to 2016
Response to your request:
Item I., The four employees are directly related to working with the franchisee on the two clamshell trucks picking up
trash throughout the city SWS's invoice indicates it only has ONE clamshell truck working Delray. A Clamshell truck is
designed for a driver only. I have never seen a second person in a Clamshell truck in my neighborhood. Why does SWS's
driver need a City employee to assist him?, one employee picks up trash from the various containers not covered by the
contract Where are the Takeoffs here to know how much trash this one individual is picking up? Just look at how specific
SWS and WM were in totaling there volume of work for Atlantic Ave. pick ups. Why doesn't SWS do it all?and one
employee manages the contract paperwork and complaints a full time job? Was he doing this under the WM contract
also?. The cost is for those employees including expected raises (4%) FY16 Have you checked tnarket rate.salarics? If so,
provide the analysis because when I checked it two years ago Delray was substantially higher than Boynton and They had
far more difficult working conditions. There are four vehicles associate with that work effort, the golf carts are for use in
the downtown area. If we have two guys riding around in a Clamshell truck and one handling office work, why do we
need SIX vehicles???
Item 2:
The franchise fee is a Commission decision. The 5% residential fee versus the 10% (maximum allowed) commercial fee
was to provide the residential customer a price reduction. If the commercial fee were reduced it would reflect a loss of
revenue for this find but is a Commission policy decision. In my experience the franchise fee for both parties is usually
the same. Any reduction in fees would have an impact on revenues on the fund which impact the level of service. Mr.
MacNamee is correct that the commercial is subsiding the residential in this case I would recommend equalizing the rate
so it would be revenue neutral.Mr. Cooper, you obviously see the inequity here. Why haven't you recommended
correcting it to the Commission NOW? The County operates at a 3% FF because they don't "bleed" their fund like Delray
does with highly questionable GF charges you note immediately below nor do they staff performing some of the
Contractor's duties. The Budget has $350k in direct costs for 4 employees. That can buy a lot of trash service.
Item 3
A. Administrative charges are based upon a formula to cover overhead and services provided to the enterprise funds by
the general fund. It is the payment of the portion of those expenses directly related to the enterprise funds. The finance
office can provide those components Please provide with the detailed calculations for 2016, 2015, and 2014. I am very
interested to see why the cost rose $81,370 (22%) . To remove those charges from the enterprise funds would result in a
subsidy by the General Fund to the enterprise funds and place additional pressure on the GF. It is done in some areas of
the country but is not recommend by GASB and not the practice in FL.I endorse a "fair and market rate" GF Admin
charge but $445,170 amounts to $1.02 monthly per residential and Commercial customer alone. The current rate is $.35
and that includes Water and Sewer!
B. 91-01 Beach raking this is the cost of raking and disposal of seaweed on the beach, Mr. MacNamee is correct this
could easily be (and probably) should be a General Fund charge. I'm sure it was placed in Sanitation Fund to lessen the
pressure on the GF. As we move to allocating our resource to programs this should be added to the beach cost and paid for
from the GF Again, you recognize the problem. Why not correct it immediately?. I believe this addresses your request if
not please advise. Also if you have additional questions A big one. There is a $200K addtl. cost you added to g/I 43-30.
That looks like a WAG. Why can't it be calculated given the contract was executed 6 months ago and already in place?on
the budget or tonight's meeting please free to call as I see this am that our 8:30am has been cancelled.
From: Petrolia, Shelly
Sent: Wednesday, September 02, 2015 2:14 PM
To: Kenneth MacNamee; Cooper, Donald
Subject: Re: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now to 2016
I too, have been asldng about this fund for years. I too, have many emails not unlike Mr. MacNamee. Before
tomorrow's hearing, I would like the questions raised by Mr. MacNamee addressed.
34
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1" Avenue
Delra Beach FL 33444
Petrolia(a�mydelra beaeh.cMom
Phone: 561 243-7010
Note to Ma or &Commissioners. This message is for your information only. To comply with the
Sunshine Law, please do not reply to this message.
cat
PUBLIC RECORDS NOTE: Florida has a very broad public arecconrd la . Most written ness are public a unicords ions
to or from local officials, employees, or the general public regarding
city available to the public and media upon request. Your e-mail communications may therefore be subject to
public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails
containing city business should be directed to either: all Ci
Commissioners
r Coo umissioners n order to avoid hesroner at
a time and should not include rior res onses from the other
perception that a third party is acting as a liaison between Commissioners.
On Sep 2, 2015, at 1:15 PM, Kenneth MacNamee 'macnamee ahoo.com> wrote:
Commissioners and CM Cooper:
For the third you in a row, I have analyzed the Sanitation Fund (SanFund) Budget(2016). Given my 1219114
email to Mr. Cooper below, I was expecting a new, involved budgeting approach correcting the problems I
noted in the 2 prior years. Instead, I see the same old approach wasting trash customer money, bleeding
commercial customers, and illegally subsidizing General Fund operations. The bottom file
("SanFundWorksheets 2106") is the source for my observations below and the references therein:
1)- Wasting Trash Customer Money
(A)- Again there are NO Takeoffs of the work which 4 Sanitation employees perform. And, we added the
fourth this year!
(B)- Direct costs for the 4 total $351,760 (prior year it was $319K so there was a 10% increase). A lot of trash
can be removed for that cost but we have no clue what he City tips (dumps).
(C)- the 4 workers now have 4 trucks (1 added this year) and two new golf carts (Yes, 6 vehicles). Again the
question, to do specifically "WI IAT"?
2)- Bleeding Commercial Customers-- the City already in effect did that with the recent SWS bid. The
County collection rate is just over $3 per cubic yard but Delray's businesses pay close $5. Herein, he
Commercial customers continued to get whacked. They pay a 10% Franchise Fee whereas Residential
customers only pay 5%. The Commission can correct this injustice here in September by properly and fairly
leveling the field at 5% for all trash customers
35
3)- Illegally Subsidizing General Fund Operations --
(A) -the SanFund's charge for its share of Gen. Fund Admin expenses (G/L 49-22) ranged from $354K - $365K
from. 2013 to 2015. For 2016, it escalates to $445,170 ($81,370 or 22%) with NO explanation. The Admin
charge to otrash ssis $3 5 per month, For 3 6,0 00 trash customers
s amounts to $15
and Sewer. third 0 annually
er. So one rd attribut bl to Trash would 0
which ad be $50,400 ($151,
also covers sWater20013) saving
the SanFund $394,770 ($445,170 - $50,400).
(B)- in a/c 91-01 there is buried the beach raking contract for $109,480. It acknowledges the work is for "Parks
and Rec", which is a Gen. Fund function. Clearly, this is an illegal charge to trash customers and should be
removed form the SanFund in its entirety.
eting. Just read the y lo*highUli.ted!excerpts
I have written naextensivelymetand the the Commission have beens flawed gduly apprised of h problems but they continueto
ow
to see how management
fester. The Red type below is an update.
----- Forwarded Message ---�-
From: Kenneth MacNamee <k'macnamee ahoo.com>
To: "ddbeoo er aol.com" <ddbcoo er aol.com>
Cc:"Petr I m delra beach.com" <petrolianin delraybeach.com>
Sent: Tuesday, December 9, 201411:8 1.AM
Subject: Fw: 2015 Sanitation. Fund Budget-- a Case Study in Flawed Budgeting --cont,
MT. Cooper:
During your interview process, Commissioner petrolia tried to test all applicants on their budget prowess based
on my emails below. Unfortunately, the headhunter didn't attach the files at the bottom so you couldn't do a
comprehensive review.
Below are the communications and the files to enable you to do so. You will see that your:predecessor did
virtually nothing,in his budget review process'ofthe;Sanitation Fund eventhough he had advance,warning of
arlrr;nwlnci ed receivray. I believe the, Sanitation `Fund.budget,is a microe . of
As a former CFO who performed, reviewed, and submitted countless budgets utilizing "bottoms up" and "zero
based" budgeting techniques( terms the City claims it does do but in this instance obviously didn't), it is
deplorable work product.
Mr. Stewart left $934K on the table. That is serious money to me. Feel free after you review to phone me (610-
506-2097) if you have any questions or wish to review.
----- Forwarded Message -----
From: Kenneth MacNamee <Xmacnamee ahoo.com>
To: Mayor Commissioners <commissioners mayor ci defray-bach.fl.us
e>
36
Ce: Terrance Stewart <stewart@a mydelraybeach.com>; Jack Warner <warner(a�in delraYbeach,com>
Sent: Wednesday, October 15, 2014 8:55 AM
Subject: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --cont.
ConimIssioners .
Below is a 8122114 email where acting City Manager(CM) acknowledges receiving information from me
concerning the Sanitation bund Budget issues. Sadly, he didn't utilize it and produced a 2015 San. Fund
Budget with virtually no value added.
Below are two files which demonstrate how his review should have been performed. For the involved, print
out the 4 page "SanFund 2015" file and use it while reviewing the 9 page "2015SanFundWorksheet",file-- the
City's baseline work product. For the time challenged who prefer a "Cliff Notes" approach, just open
"Sar Fund2015" and read the blue type, You'll see $934K inpossible trash customer savings:that Mr. Stewart
left on the table!
When I did the same review last year in my 9114113 email below, I did it on a Sunday morning in 2 hours and
just raised 13 comments. I thought this would "jump start" Mr. Stewart for this Budget year but obviously it
did not. He appears to have done less Budget work this year than Mr. Chapman did last year, At least Mr.
Chapman told the Commission he wasn't going to do an in depth Budget review as it was going to be a
"transition year".
io,' I did Mr. Stewart's lab: for hirci with "SanFund2015". I
a good set. of construction plansldrawings and I ow vau
ae 5 hours`this year. It can.be a template :for
and useful they are to a'successful proj ec
In addition to a Budget template for staff, here is another potential valuable use of my work product. Use it as a
"Case Study" for applying City Managers. They must have hands on experience with Sanitation issues and
Budgeting. Maybe you withhold my "SanFund2015" file, but give therm the email trail below and the
"2015SanFundWorksheet" file. See what comments, questions, and recommendations they come back with.
Using the Mayor as a real estate developer analogy again, I highly doubt he engages subcontractors just based
on resumes and sales pitch interviews. He probably reviews the quality of the subcontractors recent work
product.. That is what the City needs to do with its CM interviewing process as opposed to primarily relying
on resumes and how good a public speaker an individual is. Given the City's now revealed "operational and
administrative issues", Delray needs a CM who is hands on and leads by example with his work product
not anotherwell "sermonizer" flying U 30,000:feet instead of. on the`ground with. employees and
getting problems solved.
I realize my 4 page work product may be arcane and for the budget and financially trained. So please feel free
to contact me (610-506-2097) with any questions you may have. Again, it is like the detailed pages in the
Mayor's construction drawings which I am confident he will tell you are invaluable in completing a successful
community like he has done many times throughout his real estate development career.
---�- Forwarded Message -----
From: "Stewart, Terrance" <stewart m dclra beacb.com>
To: 'Kenneth MacNamee' <kimacnamee@yahoo.comn,; "Warner, Jack` <warnerm delra beach.com>
Cc: "Commissioners, Mayor" <Co]nmissioner5 Ma or ci.delra-beach.fl.us>; "Connor, Danielle"
<Connor m delra beach.com>; Gottesman Marisa <cn ottesman sun-sentinel.co�n>; "jlanti�a(a7�pbpost.com"
<jlanti�ua �pbpost.com>; "rand ,bocamag coin" <rand bocamag:com>; Chaz Stevens
<chazstevens mail.com>; "mbucz ner ebsl2.cam" <mbuczyner ,,ebsl2.com>; Vince Dole
< elod3 ,yahoo.corn>
,Sent: Friday, August 22, 2014 1:07 PM
Subject: RB: Flawed Budgeting --Revisited
Ken,
37
Thank you for the information you have provided. Jack and T are currently engaged in budget review
sessions with each of the department directors.
Best regards,
Terry Stewart, Interim City Manager
(561) 243-7010
From: Kenneth MacNamee [mailto:k inacnamee@yatioo.com
Sent: Tuesday, August 12, 2014 10:45 AM
To: Stewart, Terrance; Warner, Jack
Cc: Commissioners, Mayor; Connor, Danielle; Gottesman Marisa; ilantiQua b ost.com; randy bbocamag.com;
Chaz Stevens; mbuc nen cbsl2.com; Vince Dole
Subject: Flawed Budgeting --Revisited
Even if you cannot review each departmental budget, please just publicly disclose
your three best reviews similar to the one I did below on the Sanitation Fund -- a
function crying for improved operating efficiencies. Your reviews will show all
budget submitters what you expect from them in the budget process. It would be
"leading by example" instead of by mandate.
About a month ago, NSC Nightly News ran as segment on the same "solar belly
compactors" installed in Philadelphia. The results? Staffing was reduced from 31
full-time employees to 9 (70%?) Yet, somehow Delray budgeted for a 21% salary
increase. Apparently, the individual who prepared Delray's budget and the
subsequent reviewers didn't take the new technology into consideration.
38
Given this blatant "disconnect", how can anyone have any confidence in the City's
budgeting process? We were told it was "bottoms up" and "zero based" budgeting.
Obviously, that was not the case here.
For the upcoming 2015 Budget, the one department budget that has similar
overtones is Fire Rescue. The County evaluated Delray's needs and offered to
perform the service for $2M less. But, the 2015 requested budget is $2.5M more.
There is a $4.5M unexplained adverse swing here. The County Fire Rescue
personnel apparently have another operational approach which the City should
consider.
,Another reason why you should closely assist and review the Fire Chiefs (Ms.
Connor) submission is because she has a proven track record of not being "expense
control oriented". She has been a P&F Pension Plan Trustee for the past 5 years
(200$-2012). That Plan has received an "F" grade from the State for its
performance now for three years running. At the same time, the General Employee
Pension Plan earned "A" grades.
One of the reasons why P&F has performed so poorly is its high expenses. It
incurred $3,778,161 in investment and administrative expenses compared to
$1,402,412 for Gen. Employee ( $2,375,749, or 169% higher). Chief Connor may
be a great firefighter and paramedic but she appears to need some assistance and
oversight in the business management of the department.
Let us not forget the "big picture".Delray has::a very ]
compared to its adjacent neighbors: Only Boynton rs
4:8 and `unincorporated County is around 4 1 mills. G
the Sanitation, Fund, there appears to' be'ample oppori
now to lower Delray's millage rate:.
millage rate at 7.41
her at 7.9 while Boc
rr my analysts below
sties for "re -engin, eel
-- Forwarded Message -----
From: Kenneth MacNamee <lc'macnamee ahoo.com>
To: Mayor Commissioners <Colnmissioners Ma or ci delray-beach.fl.us>
Cc: Gottesman Marisa <m ottesman sLui-sentinel.com>; "ch mail e mydelraybeach.com"
<cha man m delra beacla.cotn>; "bo�dd@mydelraybeach.com" <boydd my delraybeach.com>
Sent: Saturday, September 14 2013 8:34 AM
Subject: Sanitation Fund-- Wasted Money and Flawed Budgeting
Commissioners:
39
Here we go with a long missive on a small Delray function-- Sanitation Fund
(#433). It is based on the San 13114 proposed file above and pages 96 and 97 of
the 8/13113 Budget at the City's website. After 3 previous emails, I hope
Commissioner Gray has at least found if not looked at the latter by now.
I have been retired since 1999 and am residing in Valley Forge for the summer.
Yet, I am going to perform a budget cost center review which I highly doubt either
Finance Director Boyd or City Manager Chapman can comparably demonstrate
that they have already done and can match for content and quality. In other words,
I am doing their job disclosing the following defects in the 2014 Sanitation Fund
budget which I believe permeates the City's entire budgeting process.
Supervisors venose: aiiuuvu zaxai-o-,il �� u4. �•
That's right! For 4 guys o empty trash cans, the City has:.1.25 supervisors.
3) The total annual salary expense will increase from $196,140 to $237,720
($41,580 or 21%!): Themajor reason for the increase is because the City is adding
ariothe supervisor 50% of the Neighborhood Planner's salary is now being .borne
by Delray trash customers. That's right! 50% of the Planner's time 1s necessary to
supervise 4 trash collectors who already have'2 parttime. supervisors.
4)- The hourly pay rate for the 3 Sanitation workers is at least $16.19 to $19.33 per
hour. And, this is before the upcoming budgeted 3% pay increase. Boynton's
starting hourly rate is only_ $12.79 with a max of $19.18 so our workers are already
very fairly compensated. Moreover, a Boynton worker picks up residential trash
like a WM worker, hanging on to a truck in the heat. Delray workers get to jump
into an air conditioned vehicle (there are 3 of them for 4 workers) when they go
from location to location. The LPC earns at least $20.74. Boynton's comparable
range $14.22-$21.33. After the 3% upcoming salary increase, our LPC will earn
$21.36!
5)- It appears our workers work Mon. -Fri. because the LPC gets overtime on
weekends (G/L 14-10). One would think Atlantic Avenue cans are fullest on
Saturday and Sunday. But, since our Codes department too works predominately
40
ork
Mon. Fri., I guess we can't expect our Sanitation workers to workers works when
the trash is there. I don't know for sure but I'll bet Boyn
Saturdays!
6)- GIL 21-10 "Em `lo er FICA". This is an easy line i..emo o accurately budget Tt
should b&:1..65.% of total salaries but our 2014 xs only :.96%. Sloppy and imprecise
budgeting at best! Still exists i .the 2016 Budget
7)-G/L 43-30 "Ti in Fees"- this $54,320 2014 budget is very curious. At a rate
of $3.25 per ton, that equates to over 16,000 tons. Sadly again, no takeoff quantity
provided. Part of the City's WM contract calls for WM toip Ovide a
clam shell
truck at no charge to do these types of pick ups. So, why Y incurring this
cost? Hopefully, it is recovered in GIL 343.48 "Special Collection" revenue where
the City rightfully charges the property owner.
8)-GIL 44-45 "Vehicle Rental"-- in addition to the aan�eom enof the other part time
vehicles, we also pay pro rata for the Asst. Director
supervisor's Ford Focus. Hey, we are apparently not paying for the other part time
supervisor's vehicle. Hooray, for once it looks like the Delray trash rate payer
catches a breaks
9)- GIL`49-22 "Share of Admin Exp." big number'($354K) with inexplicably no
explanation or even a computation It looks like another way to bleed the trash
customers to pay for the.General funds operations (See comment on Franchise
flFee# 15 below) See 3{A) above.
10)-GIL 49-35 "Cart Renewal and Re lacement". - This is egregious and a rip off
of the 16,500+ Delray residential Curbside container customers. The budgeted cost
of replacing carts increases 20% from $50K to $60K. What is not disclosed is that
customers pay $.90 per month which totals $178,200 annually. Curbside container
customers have been overcharged over $100K per year and it has now accumulated
to approximately $1.5M! This overcharging must begin to be refunded to the
affected customers now by eliminating the $.90 charge at the 9117113 meeting
when the trash ordinance comes up for vote!. Hallelujah! Commissioner AGAR lia
finally rectified this matter two months ago with the $106 refund
customers?
ll)- GIL 49-90 "Other Current Char es"-- this includes
$9 K for changing the WM liners
with the increase resulting from 24 additional bus sh g is the Cit
contract extension, they pick up bus shelters at no charge. Why Y
budgeting for what appears to be now a WM service? Se -31 d abut it lacks
an explanation). The cost has fallen from $50K in 2015 a budgeted
$1K in 2016
12)- GIL 52-20 "Gen. O_ er. Supplies"- Alas, I found takeoffs! Wethat many
re buying
46
recycling containers for the beach. We a fight not $220 p d container. A 90 gallon
worked weekends. Worse yet, w ap y g
41
curbside cart only costs $53. Maybe we should talk with or get bids from the 90
gallon supplier.
13)- GIL 52-22 "Uniforms"-- more takeoffs and very informative. What we learn
here is that the LPC apparently doesn't pick up trash. He is just another supervisor.
He doesn't get 2 pairs of $100 work shoes or a work shirt. So, it looks like we have
3 trash pickers and 2.25 supervisors! Talk about a "top heavy" organizational
structure for something as mundane as emptying trash cans!
14- GIL 91-01 "XFR- Gen. Fund"-- This may b'e the best yet! The budgeted
dII1(}US1L liilica��u uviu yy..,� Ay ..• w-,�.- �--
infamous beach raking contract for Ms. Peart Is: -buried. Its budgeted at $94K when
the competing quote Commissioners Frankel, Gray, and Jacquet rejected was
$57K. But, the other important question is why is it a Sanitation Fund expense and
not .a BeachlParks dept. expense? If rakrg a beach is a trash function (which
isn't}; why not include cutting park. grass?.: See* 15 following:
15)- Franchise Fee (actually the 10% Delray Sales Tax levied on its trash
customers)- Delrays' FF is 10% to operate its Sanitation function. Unincorporated
County operates with a 3% FF. Because Delray's FF is so excessive it garners the
revenue to pay for all the waste, questionable operating practices, and General fund
dumping of expenses noted above. Again, Commissioner Petrolia led the charge to
get the FF reduced to 5% but it was only done for Residential customers. Needs to
be done for Commercial now!
---------------------------------------------------
Commissioners, I did this analysis in 2 hours and I can't type. I have limited access
to underlying information. The critical footnote, which is not available on the
website, is far from being comprehensive but you can see how enlightening it was.
How many footnotes have you received and reviewed?
The immediate pressing matter for you this Tuesday is to (1)- eliminate the $.90
cart replacement charge for curbside customers rightfully returning $178,200 to
them and (2)- reduce the FF from 10% down to 8%. There is no balance sheet
(reserve) information in the footnotes but the Sanitation Fund's reserves for cart
replacement and hurricane debris removal has to be well in excess of $3M. Is this
reserve included in the City's Reserve calculation? I doubt it but its there.
42
If the budget padding is this obvious in this one area, don't you think it might also
exist in other departments? Hmmn!
Feel free to email or phone me (610-506-2097) with any questions.
----- Forwarded Message -----
From: "Nubin, Chevelle" <Nubin e mydelraybeach.corn>
To: 'Kenneth MacNamee' <lc macnamee ahoo.com>
Sent: Tuesday, September 10, 2013 5:01 PM
Subject: Public records request-- Sanitation Fund
Mr. MacNamee,
Please find attached the documents pertaining to your request regarding the Sanitation Fund.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW I st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
Prom: Walinski, Milena
Sent: Tuesday, September 10, 2013 1:51 PM
To: Nubin, Chevelle; O'Connor, Rebecca; Herrmann, Lisa
Subject: RE: Public records request-- Sanitation Fund
Hi Chevelle,
Sorry for the delay. I've attached print screens of receivable balance and how the revenue was recorded
(FY 2010). Attached is a copy of the agreement with D&J. I Think this answers his questions.
Milena L. Walinski CGFO
rlssistanr Finance Direelor
Cite of Delay Beach
loa nt lfj 1st Avenue
Delray Beach, FL 33441
561-243-7134
561-243-7166 (fax)
ivalitiski(aoci.delray beach. .tts or
)valirasld a nzvdelravbeach.cona
From: Nubin, Chevelle
Sent: Tuesday, September 10, 2013 12:41 PM
To: O'Connor, Rebecca; Herrmann, Lisa
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
43
Milena,
What is the status of the reply for Mr. MacNamee? I need to get this out to him today.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin(a,mydelraybeach. com
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 11:22 AM
To: O'Connor, Rebecca; Herrmann, Lisa
Ce: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Thank you.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
From: O'Connor, Rebecca
Sent: Thursday, September 05, 2013 10:54 AM
To: Hemnann, Lisa; Nubin, Chevelle
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Milena will be answering this.
From: Herrmann, Lisa
Sent: Thursday, September 05, 2013 10:52 AM
To: Nubin, Chevelle
Cc: O'Connor, Rebecca
Subject: RE: Public records request-- Sanitation Fund
Not from me. Becky?
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 10:42 AM
To: Herrmann, Lisa
Subject: RE: Public records request-- Sanitation Fund
Thanks, Lisa.
44
Any information regarding this last paragraph from Mr. MacNamee:
"Given that background, please direct me to where I can locate the $500K of
revenues credited to the Sanitation Fund. Was the $500K recorded as a lump sum
with a receivable set up? If so, when and in what GIL accounts? How much has
been received and what is the outstanding balance? I have reviewed pg. 96 of the
2014 Budget and it doesn't appear to be there as a revenue going back to 2011
Actuals. Based on a review of the summarized info in the 2009-2011 CAFRs, it
looks like it may have been fully recorded in 2010."
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1" Avenue
Delray Beach, Florida 33444
561-243-7051
nubin�mydelrayb e ach. com
From: Herrmann, Lisa
Sent: Thursday, September 05, 2013 10:29 AM
To: Nubin, Chevelle; Hartman, Lisa; O'Connor, Rebecca
Cc: Boyd, David; Walinski, Milena; Butler, Lula
Subject: RE: Public records request-- Sanitation Fund
Regarding item #I — I have attached the worksheets for the proposed 13114 budget and the approved 12113 budget.
The current proposed will not match exactly with the proposed budget online as there has been a change since that
time. It is minor and it was reducing the proposed salary increase from 5% to 4% for employees as discussed at the
September 3r1 Commission meeting. This amounted to $1,670 being removed from the salary and FICA lines items
and being moved to the project reserve account.
The Sanitation budget is provided by the Sanitation and Utility Customer Service divisions and is approved by the
City Commission.
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 10:00 AM
To: Hartman, Lisa; Herrmann, Lisa; O'Connor, Rebecca
Cc: Boyd, David; Walinski, Milena; Butler, Lula
Subject: FW: Public records request-- Sanitation Fund
Hi all,
We have received a Public Records Request (see below) relating to the Sanitation Fund. In
regards to the requested information, please provide me with an estimated cost associated with
research time, extensive use of information technology resources or extensive clerical or
supervisory assistance by personnel of the City on or before Monday, September 9, 2013 or
sooner.
45
***Please provide me with the requested information electronically on or before Wednesday,
September 11, 2013 or sooner, if possible. If you cannot provide electronic copies, the
hardcopies is fine, just make sure you include the total cost.
Should you have any questions, please feel free to call me at ext. 7051.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
561-243-7051
nubingm. d� elraybeach.com
From: Kenneth MacNamee Lin ailto:k'macnanee ahoo.com]
Sent: Thursday, September 05, 2013 7:20 AM
To: Nubin, Chevelle
Cc: Commissioners, Mayor; Chapman, Louie; rschultz@pbpost.com
Subject: Public records request-- Sanitation Fund
Ms. Nubin:
I request the following re the Sanitation Fund:
(1)- Please provide me via email with the footnotes (I believe the City calls them
"Budget Submission Package") for the expenses of the Sanitation Fund (9433) as
set forth in the 8113113 Proposed 2014 Budget on page 97. Please provide in a
separate file the same footnotes for the 2012 Budget. If not stated on the footnotes,
please tell me which individual(s) (1) prepared the Budget and (2)- approved it.
46
Again, it was a'seftlement'. I wonder how much the hauler truly overcharged the
City in excess of the $500K?
Given that background, please direct me to where I can locate the $500K of
revenues credited to the Sanitation Fund. Was the $500K recorded as a lump sum
with a receivable set up? If so, when and in what G/L accounts? How much has
been received and what is the outstanding balance? I have reviewed pg. 96 of the
2014 Budget and it doesn't appear to be there as a revenue going back to 2011
Actuals. Based on a review of the summarized info in the 2009-2011 CAFRs, it
looks like it may have been fully recorded in 2010.
<Sanitation Fund 2015 Budget Review.doex>
<2015 SanFundWorksheets.pdf>
<S anFundWorksheets 16.pd>
47
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Wednesday, September 09, 2015 10:21 PM
To: Petrolia, Shelly
Subject: Re: Fwd: Auburn Estoppel/Payoff
Shelly:
See my comments in Green below next to Warner's statements.
Classic City work product. Confusing wrong, and no control or check of the Fin Specialist they are using.
Get my fax to you.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Wednesday, September 9, 2015 4:14 PM
Subject: Fwd: Auburn Estoppel/Payoff
Please take a look at this and let's speak later.
Thanks.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15t Avenue
Delray Beach, FL 33444
Petro Iia(a)-mydel raybeach.com
Phone: (661)_243_-7.010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only 'I_City
Commissioner at a time and should not include prior responses from the other
ds
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message;
From: "Warner, Jack" <warner(cDmydelraybeach.com>
Date: September 9, 2015 at 4:05:43 PM EDT
To: "Petrolia, Shelly" <petrolia(a-)-mydelraybeach.com>
Cc; "Commissioners, Mayor and City Manager"
<Commissioners_ Mayo rand CityManager(d,)mydelraybeach.corn >, "Pfeffer, Noel"
<pfeffer(a)-mydelraybeach.com>
Subject: RE: Auburn Estoppel/Payoff
Currently recorded on books:
Note Receivable
(UDAG) $3,042,890.83 Allowance ($3,042,890.83) Net 0
Interest Receivable
(UDAG) $1,096,792.00 Allowance ($1,096,792,00) Net 0
The allowances were booked as of 9/30/2014 due to the bankruptcy filing. Now he says the
$1,096,792 was recorded. He told you at your meeting it wasn't and that is why 2014 bad Debt
expense was only $3M, He is flip flopping!
Treasury will change the receivable amounts at 9/30/2015 year end based on their loan
amortization tables, Dumb statement the receivable should increase by the amount of interest
due-- not an amortization table which represents loan balance paydown.
Note Receivable (Iberia) $4,232,851.20
This amount does not agree with the legal schedule. Difference of $11,350.00. Treasury is
looking to see if a reclass is necessary.
He failed to record the Iberia accrued interest and purchase discount of $623,786.42.
Not recorded on books yet:
Interest Receivable on Iberia
Will be recorded at 9/30/2015 year end based on legal schedule. Should be recorded monthly.
According to the financial specialist, the per diem is $2,511.93 meaning a minimum of $75K per
month . The accrual through 8131115 that should have been recorded by now would be
$238,633.35 and would be $75,357.90 more for a 2015 fiscal year Iberia loan interest income
total of $313,991.25. For the 2016 Budget, it is $916,845.45 not now reflected -- Big Dollars
that can back to taxpayers with a millage rate reduction!
Again, using the Fin Specialist $2,511.93 per diem. The 8131115 Iberia payoof is $5,083,945.98
($4,845,312.62 purchased from Iberia and $2,511.93 for 95 days -- 5129115 through 81311 15).
The fax i sent you is $5,116,796.35 ( $5,225,950.04 less $109,153.70 Attorney/Appraiser fees).
The $32,850.37 difference is because the Fin Specialist apparently recalculated the Iberia
interest
Late Fee Receivable on Iberia portion
49
Treasury indicated there is nothing in the documents to support them having to pay it. Have
them read the Note dated 12/13/06 There is a 5% late charge!
Jack Warner, Chief Financial Officer
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
(561) 243 -- 7117
warnerCubmydeIray beach. com
From: Petrolia, Shelly
Sent: Wednesday, September 09, 2015 10:58 AM
To: Pfeffer, Noel
Cc: Cooper, Donald; Warner, Jack
Subject: Auburn Estoppel/Payoff
Good Morning Noel,
Please send me the payoff/estoppel amounts contractually owed by Auburn to the City. I would
like to see both loans broken down by principal balance, interest accrued, any penalty, etc.
Please provide the supporting calculations or source.
Also, please send the total billing from Furr as of 8131115 and any other charges relating to
Auburn.
Please also inform me (possibly Warner) which amounts are recorded as assets on the City's
books and what is not recorded.
I am looking for this information ASAP as I am working on issues relating to our next budget
hearing.
Thank You,
Shelly Petrolla
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, FL 33444
Petro IiaomydeIraybeach.COm
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"),
e-mails containing city business should be directed to either: all City Commissioners or only 1
City Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
so
Wynn, Kimber!
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, September 10, 2015 1:49 PM
To: Petrolia, Shelly
Subject: Re: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now
to 2016
Excellent memo! Stay on top of Cooper about the other SanFund issues
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>; "Cooper, Donald" <cooperd@mydelraybeach.com>
Sent: Thursday, September 10, 2015 8:24 AM
Subject: RE: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now to 2016
Good Morning,
I can validate Mr. MacNamee's assessment on his second item.
The commission was told there would be a bifurcation of the garbage hauler bid should the commercial and residential
result in a lower rate for each category from different company bids. The was the explanation given as to why an RFP
was preferred over an ITB (straight bid process). Because we were going to assumably get the opportunity to choose the
lowest bid for each category (residential and commercial), I had no issue with the RFP process. But when the bid was
released, the opportunity to bifurcate had been eliminated unbeknownst to the commission. Had I been made aware of
this change, I would have insisted on the ITB bid to follow the SWA's recent bid process.
As to the other issues, we still do not have answers. Please respond.
Shelly (Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, FL 33444
Petrolia@ mydelraybeach.com
Phone: (561.) 243-7010
Note to Mayor. & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all Citv Commissioners or oniv 1 Citv Commissioner at a time and should not include prior responses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
51
From: Kenneth MacNamee Mmacnamee@yahoo.com]
Sent: Wednesday, September 09, 2015 11:51 PM
To; Cooper, Donald
Cc: Commissioners, Mayor; Warner, Jack
Subject: Fw: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now to 2016
Mr. Cooper:
Sadly, another one of Mr. Warner's didactic, non-factual missives where he fails to address the questions that I
raised and wastes my time. He comes across as your "bodyguard". At least he didn't impugn me as "liar" again!
Remember, Mr. Warner's first significant trash involvement-- working with Consultant Redman last July. Mr. Warner
was pressing the Commission to issue Redmond's RFP. It apparently was so bad it was trashed in its entirety and
the City had to hire a second consultant (Day). Ask the Mayor about it.
I have given you and the Commission the salient points this time in Green in the 919 and 913 emails below.
Here is a classic hypocritical, nonspecific statement Mr. Warner made at your last budget meeting. Please recall
how resolute he was in the opposition to refund the AGAR $.90 Cart replacement fee 6 months ago. He couldn't
comprehend that the money was not general reserves but specifically attributable to AGAR customers. CA Pfeffer
had to straighten him out. Mr. Warner argued the $1.6M would drain needed reserves (in excess of $4M). Now, after
the $1.6M has been paid out of reserves, Mr. Warner told the Comm!sson there was no problem to drain reserves
another $350K to fund the 2016 SanFund operating deficit. He can't seem to get his story straight.
In closing, please answer my questions in Red and now Green in my 913115 email below.
----- Forwarded Message -----
From: "Warner, Jack" <warner@mydelraybeach.com>
To: "'kjmacnamee@yahoo.com"' <kjmacnamee@yahoo.com>
Cc: "Commissioners, Mayor and City Manager" <Commissioners^MayorandCityManager@mydelraybeach.com>
Sent: Wednesday, September 9, 2015 3:34 PM
Subject: FW: 2015 Sanitation Fund Budget- a Case Study in Flawed Budgeting --Continued now to 2016
Ken —
The Manager asked me to bring coherence to this three way thread among you, Cmr. Petrolia and
the Manager, and to respond directly to your most recent questions. In the attached detailed
response I have edited some of your questions for clarity and brevity. The most current responses
from City staff are in bold type. To summarize your points and our responses:
Item 1: Wasting Trash Customer Monte
Your misunderstanding of the SWS contract and lack of operational background cause you to believe
that services could be provided with less equipment and fewer employees, both City and SWS. Staff
disagrees, especially during this transition year. The SWA operates its trash service with 3% FF rates
for Residential and Commercial customers. Delray charges 5% on residential and 10% to
Commercial and is proposing to drain SanFund Reserves $352,970 (7.8% of the total SanFund
Budget). The City has the higher FF rates so the drain has to be high, questionable expenses.
52
Item 2: Bleeding Commercial Customers
There is no "bleeding". Compare the City's Commercial rates with the County. They are at least 20%
higher] It is simply that you disagree with the City's pricing policy established in the sanitation
RFP. This policy was discussed with the Commission when the RFP was developed; the
Commission agreed with staffs recommendation. Mr. Warner double crossed the Commission.
Redman told them that the contract could be split if the Commercial rate was high and the residential
rate was low and that is exactly what happened. Ask Commissioner Petrolia. It was pulled out of the
RFP. Commercial customers are subsidizing Residential in Delray big time!
Item 3: IllegalIV Subsidizing General Fund Operations Part A: Administrative fee
There is no "illegal subsidy". It would be bad policy not to charge an administrative fee to all
enterprise funds, which the City does. I have attached the detailed calculations for the most recent
three years. I challenge you to open the 2016 file below and explain it. It is as clear as 'mud" with no
explanation why there is a 22% increase.
Item 3: Illegally Subsidizing General Fund Operations Part B: Beach sanitation services
There is no "illegal subsidy. The services are standard sanitation services provided at the City park
known as the Beach. As such they are appropriately included in the Sanitation fund. Apparently, Mr.
Warner didn't read what you rightfully wrote below. I'll bet you the best drink in town the SWA doesn't
pay to rake county beaches.
new Item 4; (Budgeted 200,000 expense item
Sanitation services provided to the City are now paid directly by the City rather than being included in
residential and commercial customers' charges. With no prior year's operational or volumes
experience, we budgeted an amount that we believe will cover the cost. Next year's budget will be
based on this year's actual experience.This is a professional disgrace. The City wrote the contract, it
was finalized 6 months ago, and you still don't know the location, size, and pick up frequency of your
dumpsters? Sounds like the inability to correct the Parking meter collections that have been
languishing for over 6 months!
Jack Warner, Chief Financial Officer
City of Delray Beach
100 NW First Avenue
Delray Beach, Fl. 33444
(561) 243 -- 7117
warner@mydelraybeach.com
From: Cooper, Donald
Sent: Tuesday, September 08, 2015 10:21 AM
To: Warner, Jack
Subject: FW: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting -Continued now to 2016
He asks for some information I don't have please provide per request.
From: Kenneth MacNamee [mailto: kjmacnamee@yahoo.coml
Sent: Sunday, September 06, 2015 12:28 AM
To: Petrolia, Shelly; Cooper, Donald
Subject: Re: 2015 Sanitation Fund Budget a Case Study in Flawed Budgeting -Continued now to 2016
53
CM Cooper and Commissioner Petrolia:
No Ms. Petrolia, I did not receive it but thank you for keeping me in the loop considering my commitment to
getting it right.
See my comments and questions in Red below immediately following Mr. Cooper's explanations.
The cost a 4 man staff and questionable GF charges are draining this Fund unnecessarily. Please provide
the info requested so that l can more accurately determine the extent. I find it inexplicable why specific
takeoffs of pick ups are still not available.
From: "Petrolia, Shelly" <petro[[a(Qrnydelraybeach.com>
To: Kenneth MacNamee <kimacnamee(c�yahoo.com>
Sent: Thursday, September 3, 2015 8:22 AM
Subject: FW: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting—Continued now to 2016
Did know if you received this email but wanted to make sure you were on this thread of response.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15t Avenue
Delray Beach, FL 33444
Petro liao_mydelraybeach._corn
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the
Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to
or from local officials, employees, or the general public regarding city business are public records
available to the public and media upon request. Your e-mail communications may therefore be subject to
public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails
containing city business should be directed to either: all City Commissioners or only 1 City Commissioner at a
time and should not include prior responses from the other Commissioners in order to avoid the perception
that a third party is acting as a liaison between Commissioners.
From: Cooper, Donald
Sent: Thursday, September 03, 2015 7:51 AM
To: Petrolia, Shelly
Cc: Warner, Jack; Coleman, Michae[
Subject: RE: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting -Continued now to 2016
Response to your request:
Item 1: The four employees are directly related to working with the franchisee on the two clamshell
trucks picking up trash throughout the city SWS's invoice indicates it only has ONE clamshell truck
working Delray. A Clamshell truck is designed for a driver only. I have never seen a second person in a
Clamshell truck in my neighborhood. Why does SWS's driver need a City employee to assist
him?Never Answered! IT bet only SWS employees ride full time in their trucks, one employee picks up
trash from the various containers not covered by the contract Where are the Takeoffs here to know how
54
much trash this one individual is picking up?I have been asking this question for 3 years. It is like a
newspaper route. You still don't know what this employee does! Just look at how specific SWS and WM
were in totaling there volume of work for Atlantic Ave. pick ups. Why doesn't SWS do it all?and one
employee manages the contract paperwork and complaints a full time job? Was he doing this under the
WM contract also?. The cost is for those employees including expected raises (4%) FY16 Have you
checked market rate salaries? If so, provide the analysis because when I checked it two years ago
Delray was substantially higher than Boynton and They had far more difficult working conditions. There
are four vehicles associate with that work effort, the golf carts are for use in the downtown area. If we
have two guys riding around in a Clamshell truck and one handling office work, why do we need SIX
vehicles???Doesn't this seem like a logical question and why hasn't it been answered?
Item 2:
The franchise fee is a Commission decision. The 5% residential fee versus the 10% (maximum
allowed) commercial fee was to provide the residential customer a price reduction. If the commercial
fee were reduced it would reflect a loss of revenue for this fund but is a Commission policy decision. In
my experience the franchise fee for both parties is usually the same. Any reduction in fees would have
an impact on revenues on the fund which impact the level of service. Mr. MacNamee is correct that the
commercial is subsiding the residential in this case I would recommend equalizing the rate so it would
be revenue neutral.Mr. Cooper, you obviously see the inequity here. Why haven't you recommended
correcting it to the Commission NOW? The County operates at a 3% FF because they don't "bleed"
their fund like Delray does with highly questionable GF charges you note immediately below nor do
they staff performing some of the Contractor's duties. The Budget has $350k in direct costs for 4
employees. That can buy a lot of trash service.Warner ducked this pressing question
Item 3
A. Administrative charges are based upon a formula to cover overhead and services provided to the
enterprise funds by the general fund. It is the payment of the portion of those expenses directly related
to the enterprise funds. The finance office can provide those components Please provide with the
detailed calculations for 2016, 2015, and 2014. 1 am very interested to see why the cost rose $81,370
(22%) Again, the 2016 excel spreadsheet is as clear as mud. I still don't have an answer . To remove
those charges from the enterprise funds would result in a subsidy by the General Fund to the enterprise
funds and place additional pressure on the GF. It is done in some areas of the country but is not
recommend by GASB and not the practice in FL.I endorse a "fair and market rate" GF Admin charge
but $445,170 amounts to $1.02 monthly per residential and Commercial customer alone. The current
rate is $.35 and that includes Water and Sewer!Again, Warner ducked this legitimate "analysis",
something which he frequently does.
B. 91-01 Beach raking this is the cost of raking and disposal of seaweed on the beach, Mr.
MacNamee is correct this could easily be (and probably) should be a General Fund chargePlease show
your position to Mr. Warner. He apparently missed itl. Frn sure it was placed in Sanitation Fund to
lessen the pressure on the GF. As we move to allocating our resource to programs this should be
added to the beach cost and paid for from the GF Again, you recognize the problem. Why not correct it
immediately?. l believe this addresses your request if not please advise. Also if you have additional
questions A big one. There is a $200K addtl. cost you added to g/I 43-30. That looks like a WAG. Why
can't it be calculated given the contract was executed 6 months ago and already in place?Why didn't
Mr. Warner answer this legitimate question? It should be doable in day or two. on the budget or
tonight's meeting please free to call as I see this am that our 8:30am has been cancelled.
From: Petrolia, Shelly
Sent; Wednesday, September 02, 2015 2:14 PM
To: Kenneth MacNamee; Cooper, Donald
Subject: Re: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --Continued now to 2016
55
I too, have been asking about this fund for years. I too, have many emails not unlike Mr.
MacNamee. Before tomorrow's hearing, I would like the questions raised by Mr. MacNamee
addressed.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, FL 33444
Petro Iia(a7mydeIraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding
city business are public records available to the public and media upon request. Your e-
mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine
Law"), e-mails containing city business should be directed to either: all City Commissioners
or only 1 City Commissioner at a time and should not include prior responses from the
other Commissioners in order to avoid the perception that a third party is acting as a liaison
between Commissioners.
On Sep 2, 2015, at 1:15 PM, Kenneth MacNamee <kimacnamee@yahoo.com> wrote:
Commissioners and CM Cooper:
For the third you in a row, I have analyzed the Sanitation Fund (SanFund) Budget(2016).
Given my 1219114 email to Mr. Cooper below, I was expecting a new, involved budgeting
approach correcting the problems I noted in the 2 prior years. Instead, I see the same old
approach wasting trash customer money, bleeding commercial customers, and illegally
subsidizing General Fund operations. The bottom file ("SanFundWorksheets 2106") is the
source for my observations below and the references therein:
1)- Wasting Trash Customer Money
(A)- Again there are NO Takeoffs of the work which 4 Sanitation employees perform. And,
we added the fourth this year!
(B)- Direct costs for the 4 total $361,760 (prior year it was $319K so there was a 10%
increase). A lot of trash can be removed for that cost but we have no clue what the City tips
(dumps).
(C)- the 4 workers now have 4 trucks (1 added this year) and two new golf carts (Yes, 6
vehicles). Again the question, to do specifically "WHAT"?
56
2)- Bleeding Commercial Customers-- the City already in effect did that with the recent
SWS bid. The County collection rate is just over $3 per cubic yard but Delray's businesses
pay close $5. Herein, the Commercial customers continued to get whacked. They pay a 10%
Franchise Fee whereas Residential customers only pay 5%, The Commission can correct
this injustice here in September by properly and fairly leveling the field at 5% for all trash
customers
3)- illegally Subsidizing General Fund Operations --
(A) -the SanFund's charge for its share of Gen. Fund Admin expenses (GIL 49-22) ranged
from $354K - $365K from 2013 to 2015. For 2016, it escalates to $445,170 ($81,370 or 22%)
with NO explanation. The Admin charge to trash customers is $.35 per month. For 36,000
trash customers this amounts to $151,200 annually which also covers Water and Sewer. So
one third attributable to Trash would be $50,400 ($151,20013) saving the SanFund $394,770
($445,170 - $50,400).
(B)- in a/c, 91-01 there is buried the beach raking contract for $109,480. It acknowledges the
work is for "Parks and Rec", which is a Gen. Fund function. Clearly, this is an illegal charge
to trash customers and should be removed form the SanFund in its entirety.
have written extensively on the SanFund's flawed budgeting. Just read the yellow
highlighted'excerpts below to see how management and the Commission have been duly
apprised of the problems but they continue to fester. The Red type below is an update.
----- Forwarded Message -----
From: Kenneth MacNamee <klmacnamee(rDyahoo.com>
To: "ddbcooper - aol.com" <ddbcooper(c1aol.com_>
Cc: "Petro]ia aRmydelraybeach.com" <petroliakc mm delraybeach.com>
Sent: Tuesday; December 9, 2014.11:31 'AM
Subject: Fw: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --cont.
Mr.Cooper:
During your interview process, Commissioner Petrolia tried to test all applicants on their
budget prowess based on my emails below. Unfortunately, the headhunter didn't attach the
files at the bottom so you couldn't do a comprehensive review.
57
As a former CFO who performed, reviewed, and submitted countless budgets utilizing
"bottoms up" and "zero based" budgeting techniques( terms the City claims it does do but in
this instance obviously didn't), it is deplorable work product.
Mr: Stewart left $934K'on the.table... That is serious money to me. Feel free after you review
to phone me (610.506-2097) if you have any questions or wish to review.
----- Forwarded Message -----
From: Kenneth MacNamee <kimacnamee(ccDyahoo.com>
To: Mayor Commissioners <commissioners_ mayorQci.delray-beach.fl.us>
Cc: Terrance Stewart <stewart(a?mydelraybeach.com>; Jack Warner
<warner(a-)m yd el raybeach. com >
Sent: Wednesday, October 15, 2014 8:55 AM
Subject: 2015 Sanitation Fund Budget-- a Case Study in Flawed Budgeting --cont.
Commissioners
Below is a 8122114 email where acting City Manager(CM) acknowledges receiving
information from me concerning the Sanitation Fund Budget issues. Sadly, he didn't utilize it
and produced a 2015 San. Fund Budget with virtually no value added.
Below are two files which demonstrate how his review should..have been pei�flrmed. For the
involved, print out the 4 page "SanFund 2015" file and use it while reviewing the 9 page
"2015SanFundWorksheet" file-- the City's baseline work product. For the time challenged
who prefer a "Cliff Notes" approach,':just open 'SanFund2015"'and read the; blue type. You'll
s.ee $084K in possible`trash customer savings that Mr. Stewart left on the fiablel
When 1 did the same review last year in my 9114113 email below, 1 did it on a Sunday
morning in 2 hours and just raised 13 comments. I thought this would "jump start" Mr.
Stewart for this Budget year but obviously it did not. He appears to have done less Budget
work this year than Mr. Chapman did last year, At least Mr. Chapman told the Commission
he wasn't going to do an in depth Budget review as it was going to be a "transition year".
S0 I did Mr Stewart`s'job for him with "SanFund2015". 1t took.: me: 5 hours this year It can be
a .template for all City Department Supervisors and Budget Preparers ;on how Budget
Worksheet info should;be performed. Yes,'it is lengthy and detailed but ask Mayor Glickstein
ds. '`a real estate. developer how long`it takes to produce a good ''set of construction
plan sldrawings'and how valuable and useful they. are to.'a successful project..
In addition to a Budget template for staff, here is another potential valuable use of my work
product. Use it as a "Case Study" for applying City Managers. They must have hands on
experience with Sanitation issues and Budgeting. Maybe you withhold my "SanFund2015"
file, but give them the email trail below and the "2015SanFundWorksheet" file. See what
comments, questions, and recommendations they come back with.
Using the Mayor as a real estate developer analogy again, I highly doubt he engages
subcontractors just based on resumes and sales pitch interviews. He probably reviews the
quality of the subcontractors recent work product.. That is what the City needs to do with its
CM interviewing process as opposed to primarily relying on resumes and how good a public
speaker an individual is. Given the City's now revealed "operational and administrative
issues", Delray needs;a CM who is hands on and leads by example with his work
product no# another well spoken "sermonizer" flying at 30,000 feet instead of ori the
ground with employees and getting problems solved.
realize my 4 page work product may be arcane and for the budget and financially trained.
58
So please feel free to contact me (610-506-2097) with any questions you may have. Again, it
is like the detailed pages in the Mayors construction drawings which l am confident he will
tell you are invaluable in completing a successful community like he has done many times
throughout his real estate development career.
-- Forwarded Message ....---
From: "Stewart, Terrance" <stewartCo)mydelray_beach. com>
To. 'Kenneth MacNamee` <kimacnamee ahoo.com>; "Warner, Jack"
<warner m delra beach.com>
Cc: "Commissioners, Mayor" <Commissioners MayorC@ci.delray-beach.fl.us>; "Connor, Danielle"
<Connor(a,)mydelraybeach. com>; Gottesman Marisa <mgottesman a(7.sun-sentinel.com_>;
'jlantigua@pbpost.com" <ilantiguaQpbpost.com>; "randy(c@bocamag.com"
<randy2bocamag.com>; Chaz Stevens <chazstevens(a)a mail. com>; "mbucz ner cbsl2.com"
<mbuczyner(a)_cbs12.com>; Vince Dole <gelod3 ,_yahoo.com>
Sent: Friday, August 22, 2014 1:07 PM
Subject: RE: Flawed Budgeting --Revisited
Ken,
Thank you for the information you have provided. .lack and I are currently engaged in
budget review sessions with each of the department directors.
Best regards,
Terry Stewart, Interim City Manager
(561) 243-7010
From: Kenneth MacNamee [mailto:k'macnamee ahoo.com]
Sent: Tuesday, August 12, 2014 10:45 AM
To: Stewart, Terrance; Warner, Jack
Cc: Commissioners, Mayor; Connor, Danielle; Gottesman Marisa; ilantigua(a pbpost. com;
randyabocamaq.com; Chaz Stevens; mbucz ner cbsl2.com; Vince Dole
Subject: Flawed Budgeting --Revisited
Messrs Stewart. and Warner:
Even if you cannot review each departmental budget, please just
publicly disclose your three best reviews similar to the one I did below
on the Sanitation Fund -- a function crying for improved operating
efficiencies. Your reviews will show all budget submitters what you
expect from them in the budget process. It would be "leading by
example" instead of by mandate.
59
About a month ago, NBC Nightly News ran as segment on the same
"solar belly compactors" installed in Philadelphia. The results?
Staffing was reduced from 31 full-time employees to 9 (70%I) Yet,
somehow Delray budgeted for a 21 % salary increase. Apparently,
the individual who prepared Delray's budget and the subsequent
reviewers didn't take the new technology into consideration.
Given this blatant "disconnect", how can anyone have any confidence
in the City's budgeting process? We were told it was "bottoms up"
and "zero based" budgeting. Obviously, that was not the case here.
For the upcoming 2015 Budget, the one department budget that has
similar overtones is Fire Rescue. The County evaluated Delray's
needs and offered to perform the service for $2M less. But, the 2015
requested budget is $2.5M more. There is a $4.5M unexplained
adverse swing here. The County Fire Rescue personnel apparently
have another operational approach which the City should consider.
Another reason why you should closely assist and review the Fire
Chief's (Ms. Connor) submission is because she has a proven track
record of not being "expense control oriented". She has been a P&F
Pension Plan Trustee for the past 5 years (2008-2012). That Plan has
received an "F" grade from the State for its performance now for
three years running. At the same time, the General Employee
Pension Plan earned "A" grades.
One of the reasons why P&F has performed so poorly is its high
expenses. It incurred $3,778,161 in investment and administrative
expenses compared to $1,402,412 for Gen. Employee ( $2,375,749,
or 169% higher). Chief Connor may be a great firefighter and
paramedic but she appears to need some assistance and oversight in
the business management of the department.
Let us not forget the "big picture". Delray has a very high miIIage rate
at 7.46 compared to its adjacent neighbors. Only Boynton is higher at
60
----� Forwarded Message -----
From; Kenneth MacNamee <kimacnamee ahoo.com>
To: Mayor Commissioners <Commissioners Mayora-ci.delray-beach.fl.us>
Cc: Gottesman Marisa <m ottesman sun-sentinel.com>; "chapman a@mydelraybeach.com"
<chapman(cDmydelraybeach.com>; "bo dd nndelra beach.com"
<boyddC@mydelraybeach.com>
Sent: Saturday, September 14, 2013 8:34 AM
Subject: Sanitation Fund-- Wasted Money and Flawed Budgeting
Commissioners:
Here we go with a long missive on a small Delray function—
Sanitation Fund (#433). It is based on the San 13114 proposed file
above and pages 96 and 97 of the 8113/13 Budget at the City's
website. After 3 previous emails, I hope Commissioner Gray has at
least found if not looked at the latter by now.
I have been retired since 1999 and am residing in Valley Forge for
the summer. Yet, I am going to perform a budget cost center review
which I highly doubt either Finance Director Boyd or City Manager
Chapman can comparably demonstrate that they have already done
and can match for content and quality. In other words, I am doing
their job disclosing the following defects in the 2014 Sanitation Fund
budget which I believe permeates the City's entire budgeting process.
�...,..u..., .... -- - - - -
Neighborhood Planner's salary is now being borne by Delray trash
customers. That's right! 50%0 of the Planner's time is necessary to
supervise 4'trash` collectors Who already have 2 par. time
supervisors.
4)- The hourly pay rate for the 3 Sanitation workers is at least $16.19
to $19.33 per hour. And, this is before the upcoming budgeted 3%
pay increase. Boynton's starting hourly rate is only $12.79 with a max
of $19.18 so our workers are already very fairly compensated.
Moreover, a Boynton worker picks up residential trash like a WM
worker, hanging on to a truck in the heat. Delray workers get to jump
into an air conditioned vehicle (there are 3 of them for 4 workers)
when they go from location to location. The LPC earns at least
$20.74. Boynton's comparable range $14.22$21.33. After the 3%
upcoming salary increase, our LPC will earn $21.36!
5)- It appears our workers work Mon. -Fri. because the LPC gets
overtime on weekends (GIL 14-10). One would think Atlantic Avenue
cans are fullest on Saturday and Sunday. But, since our Codes
department too works predominately Mon. Fri., I guess we can't
expect our Sanitation workers to work weekends when the trash is
there. I don't know for sure but I'll bet Boynton's workers work
Saturdays]
6)- GIL 21-10 "Em lo' er FICA":..This is an easy:::.line item to
accurately. budget. It should be 7.65% of total salaries but our 20141s.
only 6.96%.Sloppy and imprecise budgeting at bestlStill exists in the
2016 Budget
7)-GIL 43-30 "Tipping Fees"- this $54,320 2014 budget is very
curious. At a rate of $3.25 per ton, that equates to over 16,000 tons.
Sadly again, no takeoff quantity provided. Part of the City's WM
contract calls for WM to provide a clam shell truck at no charge to do
these types of pick ups. So, why is the City incurring this cost?
Hopefully, it is recovered in GIL 343.48 "Special Collection" revenue
where the City rightfully charges the property owner.
62
8)- G/L 44-45 "Vehicle Rental"-- in addition to the aforementioned 3
trash vehicles, we also pay pro rata for the Asst. Director and one of
the other part time supervisor's Ford Focus. Hey, we are apparently
not paying for the other part time supervisor's vehicle. Hooray, for
once it looks like the Delray trash rate payer catches a break!
9) GIL' 49-22 "Share .of Admin Ex ."-' big ;number ($354K) with
inexplicably no explanation or even a computation. It looks like
is (See comment'on Franchise f\Fee # 15 below).See
'3
10)-GIL 49-35 "Cart Renewal and Replacement". - This is egregious
and a rip off of the 16,500+ Delray residential Curbside container
customers. The budgeted cost of replacing carts increases 20% from
$50K to $60K. What is not disclosed is that customers pay $.90 per
month which totals $178,200 annually. Curbside container customers
have been overcharged over $100K per year and it has now
accumulated to approximately $1.5M! This overcharging must begin
to be refunded to the affected customers now by eliminating the $.90
charge at the 9117113 meeting when the trash ordinance comes up for
vote! Hallelujah! Commissioner Petrolia finally rectified this
matter two months ago with the $106 refund to AGAR
customers!
11)- GIL 49-90 "Other Current Charges"-- this includes $99K for
changing liners with the increase resulting from 24 additional bus
shelters? Based on the WM contract extension, they pick up bus
shelters at no charge. Why is the City budgeting for what appears to
be now a WM service? See GIL 43-31 (but it lacks an explanation).
The cost has fallen from $50K in 2015 to a budgeted amount of $1 K
in 2016
12)- GIL 52-20 "Gen. O er. Supplies"- Alas, I found takeoffs! We are
buying 46 recycling containers for the beach. We might not need that
many if our staff worked weekends. Worse yet, we are paying $220
per container. A 90 gallon curbside cart only costs $53. Maybe we
should talk with or get bids from the 90 gallon supplier.
13)- GIL 52-22 "Uniforms"-- more takeoffs and very informative. What
we learn here is that the LPC apparently doesn't pick up trash. He is
just another supervisor. He doesn't get 2 pairs of $100 work shoes or
a work shirt. So, it looks like we have 3 trash pickers and 2.25
supervisors! Talk about a "top heavy" organizational structure for
something as mundane as emptying trash cans!
63
15)- Franchise Fee (actually the 10% Delray Sales Tax levied on its
trash customers)- Delrays' FF is 10% to operate its Sanitation
function. Unincorporated County operates with a 3% FF. Because
Delray's FF is so excessive it garners the revenue to pay for all the
waste, questionable operating practices, and General fund dumping
of expenses noted above. Again, Commissioner Petrolia led the
charge to get the FF reduced to 5% but it was only done for
Residential customers. Needs to be done for Commercial now!
------------------------------------------------------------
Commissioners, I did this analysis in 2 hours and I can't type. I have
limited access to underlying information. The critical footnote, which
is not available on the website, is far from being comprehensive but
you can see how enlightening it was. How many footnotes have you
received and reviewed?
The immediate pressing matter for you this Tuesday is to (1) -
eliminate the $.90 cart replacement charge for curbside customers
rightfully returning $178,200 to them and (2)- reduce the FF from 10%
down to 8%. There is no balance sheet (reserve) information in the
footnotes but the Sanitation Fund's reserves for cart replacement and
hurricane debris removal has to be well in excess of $3M. Is this
reserve included in the City's Reserve calculation? I doubt it but its
there.
64
If the budget padding is this obvious in this one area, don't you think it
might also exist in other departments? Hmmn!
Feel free to email or phone me (610--506-2097) with any questions.
----- Forwarded Message -----
From: "Nubin, Chevelle" <NubinA_mydelraybeach.com>
To: 'Kenneth MacNamee' <klmacnamee(c).yahoo.com>
Sent: Tuesday, September 10, 2013 5:01 PM
Subject: Public records request-- Sanitation Fund
Mr. MacNamee,
Please find attached the documents pertaining to your request regarding the
Sanitation Fund.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW Vt Avenue
Delray Beach, Florida 33444
561-243-7051
nubin(a�mydelraybeach.com
From: Walinski, Milena
Sent: Tuesday, September 10, 2013 1:51 PM
To: Nubin, Chevelle; O'Connor, Rebecca; Herrmann, Lisa
Subject: RE: Public records request-- Sanitation Fund
Hi Chevelle,
Sorry for the delay. I've attached print screens of receivable balance and how the
revenue was recorded (FY 2010). Attached is a copy of the agreement with D&J. I think
this answers his questions.
Milena L. Walinski CGFO
Assistant Finance Director
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, R 33444
561-243-7134
561-243-7166 (fax)
walinskia(7.ci.delray-beach.fl.us or
walinskiQmydelraybeach. com
From: Nubin, Chevelle
Sent: Tuesday, September 10, 2013 12:41 PM
To: O'Connor, Rebecca; Herrmann, Lisa
65
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Milena,
What is the status of the reply for Mr. MacNamee? 1 need to get this out to him
today.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 11:22 AM
To: O'Connor, Rebecca; Herrmann, Lisa
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Thank you.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1St Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
From: O'Connor, Rebecca
Sent: Thursday, September 05, 2013 10:54 AM
To: Herrmann, Lisa; Nubin, Chevelle
Cc: Walinski, Milena
Subject: RE: Public records request-- Sanitation Fund
Milena will be answering this.
From: Herrmann, Lisa
Sent: Thursday, September 05, 2013 10:62 AM
To: Nubin, Chevelle
Cc: O'Connor, Rebecca
Subject: RE: Public records request-- Sanitation Fund
Not from me. Becky?
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 10:42 AM
66
To: Herrmann, Lisa
Subject: RE: Public records request-- Sanitation Fund
Thanks, Lisa.
Any information regarding this last paragraph from Mr. MacNamee:
"Given that background, please direct me to where I can locate the
$500K of revenues credited to the Sanitation Fund. Was the $500K
recorded as a lump sum with a receivable set up? If so, when and in
what GIL accounts? How much has been received and what is the
outstanding balance? I have reviewed pg. 96 of the 2014 Budget and
it doesn't appear to be there as a revenue going back to 2011
Actuals. Based on a review of the summarized info in the 2009-2011
CAMS, it looks like it may have been fully recorded in 2010."
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
From: Herrmann, Lisa
Sent: Thursday, September 05, 2013 10:29 AM
To: Nubin, Chevelle; Hartman, Lisa; O'Connor, Rebecca
Cc: Boyd, David; Walinski, Milena; Butler, Lula
Subject: RE: Public records request-- Sanitation Fund
Regarding item #1 — I have attached the worksheets for the proposed 13114 budget and the
approved 12113 budget. The current proposed will not match exactly with the proposed budget
online as there has been a change since that time. It is minor and it was reducing the proposed
salary increase from 5% to 4% for employees as discussed at the September 3r Commission
meeting. This amounted to $1,670 being removed from the salary and FICA lines items and being
moved to the project reserve account.
The Sanitation budget is provided by the Sanitation and Utility Customer Service divisions and is
approved by the City Commission.
From: Nubin, Chevelle
Sent: Thursday, September 05, 2013 10:00 AM
To: Hartman, Lisa; Herrmann, Lisa; O'Connor, Rebecca
Cc: Boyd, David; Walinski, Milena; Butler, Lula
Subject: FW: Public records request-- Sanitation Fund
Hi all,
We have received a Public Records Request (see below) relating to the
Sanitation Fund. In regards to the requested information, please provide me
67
with an estimated cost associated with research time, extensive use of
information technology resources or extensive clerical or supervisory assistance
by personnel of the City on or before Monday, September 9, 2013 or sooner.
***Please provide me with the requested information electronically on or before
Wednesday, September 11, 2013 or sooner, if possible. If you cannot provide
electronic copies, the hardcopies is fine, just make sure you include the total
cost.
Should you have any questions, please feel free to call me at ext. 7051.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin@mydelraybeach.com
From: Kenneth MacNamee [mailto:kjmacnamee0yahoo.coml
Sent: Thursday, September 05, 2013 7:20 AM
To: Nubin, Chevelle
Cc: Commissioners, Mayor; Chapman, Louie; rschultz(c_pbpost.com
Subject: Public records request-- Sanitation Fund
Ms. Nubin:
request the following re the Sanitation Fund:
(1)- Please provide me via email with the footnotes (I believe the City
calls them "Budget Submission Package") for the expenses of the
Sanitation Fund (#433) as set forth in the 8/13113 Proposed 2014
Budget on page 97. Please provide in a separate file the same
footnotes for the 2012 Budget. If not stated on the footnotes, please
tell me which individual(s) (1) prepared the Budget and (2)- approved
it.
recall Commissioner Frankel stating he was happy and. satisfied with
the resolution.]: ( and one would think any prudent overseer) was
68
Again, it was a:.:. .Isett.Iement':. I wonder how much the hauler tru[y
overcharged the City in excess of the $500K?
Given that background, please direct me to where I can locate the
$500K of revenues credited to the Sanitation Fund. Was the $500K
recorded as a lump sum with a receivable set up? If so, when and in
what GIL accounts? How much has been received and what is the
outstanding balance? I have reviewed pg. 96 of the 2014 Budget and
it doesn't appear to be there as a revenue going back to 2011
Actuals. Based on a review of the summarized info in the 2009-2011
CAFRs, it looks like it may have been fully recorded in 2010.
Sanitation Fund 2015 Budget Review.docx>
<2015SanFundWorksheets.pdf>
San Fu ndWorksheets 16. pdf>
69
Wynn, Kimberl
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, September 10, 2015 2:13 PM
To: Petralia, Shelly; Cooper, Donald; Warner, Jack; Pfeffer, Noel
Subject: Re: PRR-- Auburn related Collection Costs-- 2016 Budget question and Furr's August
Invoice
Ms. Nubin , Mr. Pfeffer, and Mr. Warner:
The amounts due the City on the Iberia loan under "Attorneys/Appraiser Fees" on the Financial Specialist's
spreadsheet totals $109,153.70 through 8131/15. Are there any other gll accounts other than 001-1611-514-31.10
where these costs are charged. If so, please specify.
For the 2016 Budget, how much in total is budgeted for Iberia related collection costs and what gll accounts can
those amounts be located?
This item has a unique Budget impact so 1 need a prompt response.
Am I correct in stating that there is -0- Iberia loan related interest income and late charges budgeted for 2016?
Secondly, please forward me Atty Furr's invoice for his August services and the "Check request Form" approving his
July services invoice.
Thank you!
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>; "Cooper, Donald" <cooperd@mydelraybeach.com>; "Warner,
Jack" <warner@mydelraybeach, com>
Sent: Thursday, September 10, 2015 9:28 AM
Subject: RE: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
Ken,
We are on the same page here. In addition to your concerns over the difference of calculations on the per diem charge, I
have requested Pfeffer provide me with calculations to substantiate Attorney Furr's overall request of $8.7M (and not
$9.4M) in the recent bankruptcy hearing and to explain why there are no figures in the "late charge" column for the
Iberia bank loan when the document I am looking at (page 3) states a 5% "late charge in the amount of five percent
(5%) of such overdue payment shall be paid by Borrower to Lender".
Thanks for your diligence.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15t Avenue
Delray Beach, FL 33444
Petrolia@ mydel raybeach.co m
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
70
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all City Commissioners or only 1 City Commissioner at a time and should not include prior responses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
From: Kenneth MacNamee [kjmacnamee@yahoo.com]
Sent: Thursday, September 10, 2015 9.00 AM
To: Cooper, Donald; Warner, Jack
Cc: Commissioners, Mayor
Subject: Fw: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
Mr. Cooper:
Please read the City's (1 assume Mr. Warner's) response to my question, "are there any journal entries which are not
being recorded
and reflected in the Budget?" highlighted in yellow at the bottom of this email. He states "NONE"!
Well, we now know the City isn't accruing interest on either Auburn loan. On the second mortgage, it would be offset
with a charge to Bad Debt Expense because Mr. Warner ERRONEOUSLY impaired the asset last year when he
wrote down the $4.1 M its entirety without any analysis and ever informing the Commission. So, there would be no
net income or budget impact. Still, the receivable should be recorded.
But, that makes the recently acquired Iberia first mortgage fully collectible and should be accruing interest into
income on a monthly basis since 5129115. According to the Financial Specialist the City has engaged to account for
the Bankruptcy accounting ( only deep pocketed entities can afford that luxury), it has a per diem of $2511,93. That
means we should have recorded $238,633.35 through 8/31115. It should record $313,991.25 through 9130115.
For the 2016 Budget, the income should be $916,845.45 which is MISSING from the Budget!
1 must digress here. I don't understand how your Fin Specialist calculated his per diem. The loan balance is
$4,221,526.20. At a 20% interest rate, Auburn owes the City $2,313.17 per day. Iberia stated so on the settlement
sheet.Does anyone beside me question or check an outsider's work product?
Also, there is no accrual for Late Charges. Mr. Warner states he couldn't find one in the loan documents. Now, who
ever heard of a mortgage without a Late Charge? How can Mr. Warner consider himself a financial professional if he
is that clueless. It is a 5% late charge on page 4 of the $9.4M Consolidated Promissory Note dated 12113106. The
accrual on this alone is at least $3,500 per month! Another journal entry not being recorded.
Let me repeat for the copied Commissioners. Not recording journal entries properly on a timely asis is a serious
internal control breakdown. It is on the Commission to get it rectified. Stay tuned! I will be sending you in the near
future a list of "Accounting and Internal Control Breakdowns" when I can finalize with the Tax Collector the accurate
amount of Property Taxes Receivable. How questionable is that number? It has been $1,462,980 for the past three
years. How could that possibly be?
---�� Forwarded Message -----
From: "Nubin, Chevelle" <Nubin a@mydelraybeach.com>
To: 'Kenneth MacNamee' <kjmacnamee@yahoo.com>
Sent: Wednesday, September 9, 2015 9:37 AM
Subject: RE: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
71
Mr. MacNamee,
The Fire Department worksheets are attached. Please let me know if you received both.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 15t Avenue
Delray Beach, Florida 33444
561-243-7051
nu binCa�_mydelraybeach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
From: Nubin, Chevelle
Sent: Wednesday, September 09, 2095 9:34 AM
To: 'Kenneth MacNamee'
Subject: RE: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
Mr. MacNamee,
The police worksheets are attached and 1 will send the Fire worksheets in a separate email.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW Vt Avenue
Delray Beach, Florida 33444
561-243-7051
nubin@mvdeiraybeach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
From: Kenneth MacNamee jmailto:kjmacnamee(Qyahoo.com]
Sent: Tuesday, September 08, 2015'10:34 PM
To: Nubin, Chevelle
Subject: Re: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
It sounds like you were sending two emails with the second one having the 7 Worksheet files.l have not received
that email. The only file i received was the 2014 P&F Actuary Report. I still need the 7 Worksheet files.
If the 7 combined are too big, please send them in multiple separate emails like you have done in the past. Thanks!
72
From: "Nubin, Chevelle" <Nubin(Qrnydelraybeach.com>
To: 'Kenneth MacNamee' <klmacnameePa yahoo.com>
Sent: Tuesday, September 8, 2015 10:04 AM
Subject: FW: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
Mr. MacNamee,
See below. I am sending the responses to your public records request in two emails. I sent it earlier
and I received an undeliverable email. Please let me know if you receive both parts. Thank you.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1St Avenue
Delray Beach, Florida 33444
561--2437051
nu bin (c_D_mydelraybeach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
From: Nubin, Cheve[[e
Sent: Tuesday, September 08, 2015 9:56 AM
To: 'Kenneth MacNamee'
Subject: RE: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
Mr. MacNamee,
Please find attached documents pertaining to #1 and #2 of your request below. In addition, please
see Mr. Warner's response below regarding journal entries.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin@mydelraybeach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
73
From: Kenneth MacNamee [mailto:k9macnamee(cDyahoo.com]
Sent: Monday, September 07, 2015 1:09 PM
To: Nubin, Chevelle; Commissioners, Mayor; Cooper, Donald; Warner, Jack
Cc: Gottesman Marisa; randy(_bocamag.com; mbuczyner(@cbs12.com; Charlie Keegan; PBC Inspector Inspector; Vince
Dale
Subject: PRR-- Pension Expense Information and "Unrecorded Journal Entries"
Ms. Nubin:
Please provide me the following items via email re Delray's pension expense, primarily P&F:
1)- the 2016 Budget Worksheet files for the two Police Depts./cost centers and 5 Fire Rescue (exclude Ocean
rescue). (See attached)
2)- the specific citation in the P&F Actuarial Report ( or other communication from the Actuary) which is the basis for
the pension expense amount calculations. (See attached -Page 5)
Commissioners, here is the compiling one must do to analyze the impact of the "800 Ib. Gorilla"— P&FI. In your 312
page Budget book, P&F pension expense increased from $9,412,398 in 2014 to $11,197,380 in 2015--
$1,784,982 or 19%1 That is greater than the total Departmental Salary Expense (G/L 12-10) increase of
$1,744,377. That monumental increase seems like something you should have been told about a long time ago.
For the 2016 Budget, Police pension expense increased 5.6% but Fire Rescue decreased 3.2% (An 8.8%
differential). Does that make any sense considering you reduced the benefits of 10 year service and under police
staff?
Only 2 of the 7 cost centers have solely P&F pension expense (The other 5 have Gen. Employee Plan pension
expense because of non-union workers' salaries). Highland Beach's pension expense is 38.9% of Regular Salaries
but Emergency Management's Dept. Request ratio is a whopping 59.2%. 1 trust you agree that 20+% discrepancy
makes no sense. The Worksheet files should explain how pension expense was calculated in conformance with the
Actuary's Report and directive.
Total 2016 Budgeted pension expense for Police and Fire alone is 20.3% of Real estate taxes. And, that
doesn't include the pension expense for the rest of the City because I defy you to compile that dispersed info. Don't
you think the taxpayers should be apprised of that salient information instead of keeping it buried?
Secondly, did I correctly hear at the 9/4/15 Meeting Mr. Warner state that the City does not record accrued interest
income entries for either Auburn loan? If so, that is incorrigible. And Caler Donten has never informed the
Commission accordingly? Well, that smacks in the face of 2014 CAFR Note 5 (pg. 41). Here, "City management"
asserts that the interest on the 2nd mortgage has been accrued ($1,096,792) and was now being written down. I
have the journal entry confirming such. Commissioners, you have serious accounting and internal control
deficiencies if there are journal entries not being accrued on the City's books and records on a monthly basis.
Accordingly, I am forced to ask an outlandish question, "What other journal entries other than the $930K for 2016
Auburn related interest income is not being recorded and reflected in the Budget?". Please advise explicitly and
promptly.
There are no journal entries that are not being recorded and reflected in the
Budget.
74
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, September 1.4, 201,5 8:49 AM
To: Cooper, Donald
Cc: Petrolia, Shelly; Katz, Mitchell
Subject: Re: High Noon
Mr. Cooper:
Your vacuous response below fails to address the situation. Accordingly, I will be "producing" until I am satisfied with
whatever definitive action you may or may not be taking
When someone questions or challenges me, I don't get upset. 1 "produce" more substantive
information/documentation.
Why doesn't your staff do the same? I believe I perform at a higher, more professional level than they do.
From: "Cooper, Donald" <cooperd@mydelraybeach.com>
To: 'Kenneth MacNamee' <kjmacnamee@yahoo.com>
Cc: "Petrolia, Shelly" <petrolia@mydelraybeach.com>; "Katz, Mitchell" <katz@mydelraybeach. com>
Sent: Monday, September 14, 2015 8:05 AM
Subject: RF: High Noon
There is no need for you to produce anything.
From: Kenneth MacNamee [mailto:kjmacnamee@yahoo.comj
Sent: Saturday, September 12, 2015 5:21 PM
To; Cooper, Donald
Subject: High Noon
Mr. Cooper:
I am giving you until Noon on Monday to take the appropriate action before I no longer refrain. You sat back and
took no action when Mr. Warner impugned me as a liar 4-5 months ago. I requested twice the basis for the
accusations but neither Mr. Warner nor you provided them. So, don't make the mistake thinking I will take Mr.
Warner's emails today as passively.
My email communications are consistently filled with empirical, factual information and attachments to validate my
positions. In B years l have sent out about a thousand emails. I have no recollection of ever having a material
statement proven inaccurate let alone "lying".
My AICPA license # was 10424, issued in 1975. 1 had a Florida CPA license for about 20 years (circa 1981 to 2004).
1 will produce proof if you feel it is necessary.
75
My phone number is 610.506-2097.
From: "Cooper, Donald" <cooperd@mydelraybeach.com>
To: "Warner, Jack" <warner(@mydelraybeach.com>; 'Kenneth MacNamee' <kimacnamee(Myahoo.com>;
"Commissioners, Mayor" <Commissioners_ MayorCaDmydelraybeach.com>
Cc: Gottesman Marisa <mgottesman@sun-sentinel.com>; "rand Y(c_bocamag. com" <randy(a.bocamag.com>;
"mbucz ner cbsl2.com" <mbuczyner@cbsl2.com>; Charlie Keegan <charlie.keegan a�wptv.com>; PBC Inspector
Inspector <inspector(a�pbcgoy.orq>; Vince Dole <gelod3(awahoo.com>
Sent: Saturday, September 12, 2015 11:41 AM
Subject: RE: the 2012 Rejected Fire Tax and the Subsequently Exposed Budget "Sandbagging"
This conversion serves no useful purpose, please refrain from further comments.
Sent from my Verizon Wireless 4G LTE smartphone
-------- Original message --------
From: "Warner, Jack" <warner(cDmydelraybeach.com>
Date: 09/12/2015 11:30 AM (GMT -05:00)
To: `Kenneth MacNamee' <kimacnamee(Dyahoo.com>, "Commissioners, Mayor"
<Commissioners Mayor - mydelraybeach.com>, "Cooper, Donald" <cooperdCa)mydelraybeach.com>
Cc: Gottesman Marisa <mgottesmanCa--)sun-sentinel.com>, randy _bocamag.com,
mbuc7ynerncbsl2.com, Charlie Keegan <charlie.keegan@wptv_.com>, PBC Inspector Inspector
<inspector@pbcgov.org>, Vince Dole <gelod3A_yahoo.com>
Subject: RE: the 2012 Rejected Fire Tax and the Subsequently Exposed Budget "Sandbagging"
Mayor and Commissioners —
Ken seems to have reverted to his "copy the world" email practices. As such, I think that it is
important to set the record straight as there seem still to be some credulous souls who ascribe some
value to his viewpoints.
As background, you might not be aware that Ken came to me in 2011 for advice after he had
prepared the initial versions of the attached FY2012 fire tax "analysis". As I told him then, he didn't
understand government accounting and budgeting. He still doesn't. More importantly, what
happened in 2012 — different staff, different Commission -- has little relevance to the decisions you
face for FY2016.
As to his Sanitation Fund "analysis" he whines that he had "limited information". He had everything
that he asked for, whether the City was required by public records laws to provide it or not. He has all
the budget entries and the worksheets that support these system budget entries. He has detailed
76
responses from the responsible operating departments. If his information was "limited" it was due
only to his lack of understanding of government operations, accounting and budgeting and to his
inability to read a simple MS Excel worksheet.
As to his claim that he has "uncovered $700K of erroneous charges if not flat out waste", since I am
enjoined from using the "b" word, I will say simply that this claim is not supported by any facts that he
has supplied or that I am otherwise aware of. Rather, the items he cites are simply his opinion,
which he represents as fact.
I will say, as I am proud to say about staff's budget recommendation, that to the best of our ability it
represents eight months of concerted effort to achieve goals set by the Commission within current
resource constraints. It is appropriate for the Commission to propose millage rate reductions; it would
be irresponsible to do so on the basis of "analysis" such as the attached.
Thanks
From: Kenneth MacNamee [mailto:kmmacnamee ahoo.com]
Sent: Saturday, September 12, 2015 9:41 AM
To: Commissioners, Mayor; Cooper, Donald
Cc: Warner, Jack; Gottesman Marisa; randy cDbocamag_com; mbucz ner cbsl2.com; Charlie Keegan; PBC Inspector
Inspector; Vince Dole
Subject: the 2012 Rejected Fire Tax and the Subsequently Exposed Budget "Sandbagging"
Commissioners and CM Cooper:
The 314112 email below about the Fire Tax proposal rejection exposed a City phenomena-- staffs Budget
°sandbagging".
For those not financially inclined, "sandbagging" is like setting aside money in cubbyholes for a rainy day. In
budgeting, it is staff understating revenue projections and padding expenditure estimates. It makes it then easy to
achieve budgeted targets, spend freely, and not actively pursue revenue sources (recent case in point, "Parking
Meter and Garage Revenue").
I have highlighted in yellow below a synopsis of the sordid background. In ME, I summarize the egregious
financial legerdemain that came to light then. 5 months into the fiscal year, the City had a $3.21M 'hole' in its Budget
because the Fire Tax was rejected. To balance it, Harden was directed to cut expenditures by $1.6M and take
$1.6M out of the City's reserves.
Instead of cutting expenses, Harden increased them by $300K. He miraculously found $2.5M in revenues 5 months
into a fiscal year!
Budget "sandbagging" isn't just the domain of a CM. It is usually practiced by department supervisors. If a CM wants
to uncover it, he must start with knowing specific assignments and the takeoffs necessary to complete the work.
Virtually every City Budget Worksheet file I have ever examined is devoid of takeoff information.
How does this relate to the 2016 Budget? l have analyzed one function from afar with limited information,
"Sanitation". It is a small Enterprise Fund function. It has a $4.5M Budget and I have uncovered $7001K of
77
erroneous charges if not flat out waste, 15% of the total SanFund Budget? Let's see what proposed millage
rate reductions each Commissioner puts forth Tuesday night!
Here is the "Big Picture". Delray has a 7.3 millage rate. Boca is 4.7 and Unincorporated County 4.1. Last year
Weston was still holding at 2.0. Are you telling the public that there isn't room for a larger millage rate reduction in
Delray than the paltry.1 already committed?
----- Forwarded Message --- -
From: Kenneth MacNamee <kjmacnamee(@yahoo.com>
To: Woodie McDuffie <mcduffieP_mydelraybeach.com>; Adam Frankel <frankel@mydelraybeach.com>; Angeleta Gray
<graya(Qmydelraybeach.com>; Alperin Jay <alpe ri n (d) myd elray beach. com>; tom Carney <came m delra beach.com>
Cc: harden <harden(@mydelraybeach.com>; maria herrera <meherrera sun-sentinel.com>;
"margie.plunkett(o_hotmall.com' <margie.plunkettahotmail.com>; vince dole <aelod3(c�_)yahoo.com>; Victor Kirson
<victorkirsondds(c)aol.com>; "lang6141(Mbelisouth.net" <lang6141n-bellsouth.net>; "aliacquet4ca-gmail.com"
<aliacciuet4(d-)gmail. com>; CHRISTINA <christinadelra mail.com>; "nudist ou ahoo.com" <nudist ou ahoo.com>
sent; Sunday, March 4, 2012 4:59 PM
Subject: "Budget Crisis" resolved "Phenomenal Job"
Commissioners:
Concerning the Revised Budget, Commissioner Alperin stated at the 2121 meeting, "Staff (Mr.
Harden) did a phenomenal job". I couldn't agree more!
Let us summarize the "Budget Crisis" (Commissioner Carney's term) and the phenomenal job by
City Manager Harden:
1)- In September 2011 Mr. Harden led the Commission to pass a flawed Budget with an unspecified
and not enacted $3.2 million dollar Fire Tax. The Commissioners didn't acknowledge this pratfall until
2161122a mistake" --Alperin, "a rookie mistake" --Carney, and "a big mistake" Mayor McDuffie.
2)- On 1117112, hundreds of citizens turned out to protest the Fire Tax. 40 out of 41 who addressed
the Commission opposed it. Consequently that night, the Commission voted down the Fire Tax 3-1
(Alperin dissenting and McDuffie absent with the "flu"). Mr. Harden subsequently emailed the
Commission and told them the attendees were only a 'vocal minority' and the Commission should
reconsider the Fire Tax. He sent them $1.5 million in possible deferred Capital Expenditures and
millions in operating cuts. But, not one dollar in possible revenue enhancements!
3)- At the 1131112 Workshop attempting to get the Commission to go back to the Fire Tax, Harden
subtly threatens the Commission by stating that the proposed deferment of capital expenditures and
operating cuts will, " significantly (my emphasis added) change the character of the City". Most of the
meeting attendees are City employees and their families.
Harden's ploy works. After 1.5 hours and unable to agree on even one Capital Expenditure deferment
till next year or an operating expense cut, the Commission "punts" the issue back to Mr. Harden with
instructions to come back with a reduced Fire Tax ($1.6-- $2.0 million) and deferments and cuts
totaling the other $1.6 million necessary to close the $3.2 million gap. So, the Fire Tax is "back"! But,
at a lower dollar amount and with only 2 or 3 residential tiers instead of 5.
78
4) At the 216112 Workshop, Mr. Alperin "gets his bearings back". At the previous 1/31112 meeting, he
did state that bringing back the Fire Tax would "violate the public trust since it was voted down on
1/17112". So, he opened the discussion adamantly opposed to any Fire Tax and eloquently expressed
his view. Commissioners Carney and Gray followed and supported Alperin. The: Fire Tax was dead.
again Frankel was in favor. McDuffie gave his now famous "Shame on You" lecture to the audience
for not objecting to the unspecified Fire Tax 6 months ago! Harden was his usual stoic,
expressionless self.
The Commission "punts" again and directs Mr. Harden to close the $3.2 million by gap by taking up to
$1.6 million in Reserves and the remainder in Capital Expenditure deferments and operating cuts.
Again, not one dollar in possible revenue enhancements is mentioned by either the Commission or
Harden!
5)- The 2/21/12 meeting agenda Budget revision footnotes are "eye openers! Mr. Harden proposes
closing the $3.2 million Budget gap with $1.1 million in Reserves but amazingly with over $2.5 million
in new found revenues. Yes, just two weeks earlier Delray citizens and employees were threatened
with layoffs and "lifestyle changing" drastic cuts. But now almost miraculously $2.5 million in revenues
suddenly appear! Enough revenue so that Mr. Harden defies the explicit instruction he received on
216/12 to defer or cut $1.6 million. Instead, he increases total spending by $300K1
Oh, by the way at the 2/21 Meeting? It only took the Commission 15 minutes to approve the Revised
Budget with 12 minutes spent on the Beach pavilion and new codes enforcement officers. Not one
question was raised about the 7 pages of footnotes. Not even one on the $371 K revenue source from
the "2004 GO Fund" which no Commissioner has been able to explain (See my emails below).
Phenomenal job, by Mr. Harden. Let us now recap what he did:
1)- In September 2011, he duped the Commission by their own admission into adopting an
unbalanced Budget.
2) -When the Fire Tax was voted down, he convinced the Commission it was only a "vocal minority"
and thereby resurrected the Fire Tax
3)- He stated the proposed cuts to close the $3.2 million Budget shortfall would "significantly change
the character of the City".
4)- Fortunately, Mr. Alperin had an epiphany and led the charge to kill the Fire Tax a second time
5)- Ignoring a Commission directive to come back. with $1.6 million in cuts, Mr. Harden increased
spending by $300k
6)- He miraculously discovers $2.5 million in revenues after 2/6/12!
(IMMM NMI 000=1 111:11 Ill 4 months into a
fiscal year. Mr. Harden is either out of touch' with the City's actual vs. budget monthly performance or
more likely, he was "sandbagging revenues". Why? He desperately wanted the Fire Tax because it is
an ongoing "revenue grab" that can be increased every year. So, he ended up creating a "Budget
Crisis" (per Carney) or "Financial Chaos" (per Maria Herrera) that did not exist!).
It is phenomenal how Mr. Harden concocted this unnecessary and embarrassing drama, surely
upsetting many City employees worried about their jobs and citizens worried about their "significant
lifestyle changes". He has made the Commission look like a group of clueless dolts, especially in
dealing with Budget matters. Yet, the Commission stupefyingly steadfastly supports him. It defends
his actions, some of which are clearly detrimental and very costly to the City --like this Budget saga.
How Mr. Harden manipulates the Commission members is truly phenomenal!:
79
----- Forwarded Message -----
From: Kenneth MacNamee <kimacnamee6c yahoo.com>
To. Woodie McDuffie <mcduffie(a)mydelraybeach.com>, Adam Frankel <frankelCcD_mydelraybeach.com>; Alperin Jay
<al Perin C@ m deIra beach.com>; Angeleta Gray <prayaRmydelraybeach.com>; tom Carney
<carne m delra beach.com>
Cc: "al law uet4@-gmail. com" <aliacquet4Ccr7,gmail. com>; "lang6141abel[south.net" <Iang6141@bellsouth.net>;
CHRISTINA <christinadelrayagmail, com>; Victor Kirson <victorkirsondds(Qaol,com>; "nudist ou ahoo.com"
<nudistyouC7yahoo.com>; maria herrera <meherrera(d,)sun-sentinel.com>; "margie.plunkettCa7hotmail.com"
<mar ie. lunkett hotmail.com>; vince dole <gelod3(a-)yahoo.com>
Sent: Monday, February 27, 2012 8:33 PM
Subject: Fw: 2121112 Adopted 2011/2012 Budget Revision --SECOND REQUEST
Commissioners:
It is now 6 full days and the audiolvideo of the 2121 Commission meeting is still not available on the
City's website for one to review your Budget deliberations.
Three full days have past and not one Commissioner has responded to my 3 questions below about
the $371 K located from the "2004 GO Fund". With all that Budget experience on the Commission,
one would think a material amount from an arcane if not questionable source would be easily and
fully explained.
For the second time I have'cced' the candidates so that they can observe how the existing
Commission handles its Budget responsibilities.
Again, 1 thank the Commission in anticipation of its reply (see my last sentence in the email below).
----- Forwarded Message -----
From: Kenneth MacNamee <k1macnamee ahoo.com>
To: Woodie McDuffie <mcduffie m delra beach.com>; Adam Frankel <frankel m delra'beach.com>; Angeleta Gray
<araya .mydelray beach. com>; Alperin Jay <alperin a.mydelraybeach.com>; tom Carney <carneyaa,mydelraybeach.com>
Cc: "aliacquet4Qgmail. com" <al'ac uet4 mail.com>; "Iang6141Cfbellsouth.net' <Iang6141CCDbe[lsouth.net>;
CHRISTINA <christinadelrayo)-gmail. com>; Victor Kirson <victorkirsonddsCa)_aol.com>; "nudistyouC@,yahoo.com"
<nudistyou _yahoo.com>; maria herrera <meherrera sun-sentinel.com>; "mar ie. lunkett hotmail.com"
<margie.plunketta.hotmail.com>; vince dole <gelod3 yahoo.com>
Sent: Saturday, February 25, 2012 7:26 AM
Subject: 2121112 Adopted 2011/2012 Budget Revision
Commissioners:
I was unable to attend or view the 2121 meeting where you adopted a revised Budget previously
discussed at two workshops (1/31 and 216). The audio/video is still not available on the City website
so I have to ask you to explain a significant source for solving the $3.2 million Budget shortfall.
I'm sure you read the 8 page Budget revision handout in your 2121 Agenda so at least one of you
should be able to answer this question about a significant matter. Buried in a footnote under Revenue
sources, there is a $371,000 "transfer" from the "2004 GO Fund". This item alone solved 11.6% of
the City's Budget shortfall but it is unclear to me what it is. Here are my questions about it to you:
1)- Why is an Interfund Transfer a "Revenue" source? It sounds like a "Funding" source to me.
80
2)- What does "GO" stand for? My guess was "General Obligation" and maybe the City had a bond
issuance in 2004.
3)- If this is a "2004" Fund, how come this significant amount of money ($371K) did not become
known and available until after the 216112 Workshop? Remember the 1.5 hour struggle the
Commission had at the 1131 Workshop where it couldn't agree on postponing (not eliminating) not
even one of the 19 Capital Projects totaling $1,505,152? The largest dollar amount on that list was
$210,450 so if you had been apprised of the $371 k 2004 GO Fund revenue source, it may have
saved some of your time and angst! It sounds like the $371 K was available a long time ago, possibly
years ago?
Given that some Commission members have publicly stated that they are "experienced" if not well
qualified Budget reviewers and analysts, I would hope I would receive a prompt reply to this very
salient matter.
I will withhold further comment about the Budget revision saga until I receive this answer and can
view your 2121 Commission meeting. I thank you in anticipation of your reply.
81
Wynn, Kimberly
From:
Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent:
Wednesday, September 16, 2015 12:43 PM
To:
Nubin, Chevelle; Warner, Jack; Glickstein, Cary
Cc:
randy@bocamag.com
Subject:
PRR Request -- Communications with Cater Aonten re Iberia Loan Accounting
Ms. Nubin:
Please email to me all communications between the City and Cater Donten concerning the accounting for the
purchased Iberia loan.
I have cced Messrs. Warner and Glickstein because they should be your primary source.
If either has no communications, please so state.
Thanks!
82
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, September 17, 2615 6:12 PM
To: Petrolia, Shelly
Subject: Re: Budget Information Request
Excellent letter. You tell it like it is. I think Randy is being fed "Koolade" by Cary. Just my intuition!
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Randy Schultz <randy.schu[tz552@gmail.com>
Cc: "Cooper, Donald" <cooperd@mydelraybeach.com>; "Warner, Jack" <warner@mydelraybeach.com>; Marisa
Gottesman <m gottesm an @su n-senti nel. corn>; Kenneth MacNamee <kjmacnamee@yahoo.com>; "gelod3@yahoo.com"
<gelod3@yahoo.com>; Kelly Barrette <kellybarrette@rocketmail.com>
Sent: Thursday, September 17, 2015 2:06 PM
Subject: FW: Budget Information Request
Randy,
Does the email below give you any indication that this commission was "working" on this budget since the Spring?! Or
that we had a clue about ANY Departmental budget? Due to the lack of time left in the budget cycle, I decided to hone
in on the Sanitation Fund, a fund I asked Mr. Cooper to focus on and start with upon his arrival. This email was sent in
AUGUST 20151 The "May" Exhibit A had only 3 of 28 line items adding up. The "July" millage rate cap would seem to
indicate that the budget was ready for review, but we did not receive it until the week before our first reading on the
budget, sometime in late August. Mr. Cooper at my Monday afternoon meeting this week stated that he received the
budget at the same time as the commission. That should be UNACCEPTABLE, and I told him this during our meeting. This
"August" email is clear in pointing to the lack of information made available to this commissioner up to that date!
AUGUST! Oh, and the worksheets were never provided (likely because as per my last email to you, they simply don't
exist).
This City continues to use the same excuse year after year so that they can continue to do things the way they have
always been done. A huge data dump with no Table of Contents nor executive summary in the final hours of the budget
process tying the hands of the very elected officials who are supposed to be working on behalf of the citizens that elected
them. It becomes an impossible endeavor to accomplish this with only weeks remaining to get answers. And when
answers come back in a sarcastic or stonewalled format (something that seems to be acceptable to my CM), its time to
step away from the herd and make a statement. I sought opportunities to reduce the millage WITHOUT having any effect
on current services. I would have gladly made my thoughts known sooner, had I been given ample opportunity.
I can't disagree with your statement, 'Two weeks before the budget takes effect is not he time to be seeking major
changes."You didn't seek Major changes. In fact, you didn't change one operational item But it is also not the time to
dump a 300 plus page budget report on a commission ultimately responsible for it's contents. And lets not forget the 393
page CIP report handed to us to review 4 days prior to it's final approval, in which I also voted against. How does that
Einstein saying go ...... insanity is doing the same thing over and over again and expecting different results?" And Mr.
Cooper, while only here for 8 months now, has been on notice from the start of our budgeting issues. Mr. Warner has
..
been here going on two years. Regardless, a budgeting process should not rely on the comings and goings of;staff, it
should be ari integral, part. of.. a system that is`grounded in policy and procedures that can survive any one person coming
or going Anmen, and it 1s'not!
I am obviously disappointed in the budget process but also the publicity cover being given to the "do nothing, full of
excuses"They didn't find one area of possible reduction in $1.44M? Are you kidding me? individuals operating this town
(and they know who they are).
Shelly Petrolia
83
Vice Mayor
City of Delray Beach
100 N.W. 1 S Avenue
Delray Beach, FL 33444
Petrolia@mydelraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all City Commissioners or only 1 City Commissioner at a time and should not include prior responses_ from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
From: Petrolia, Shelly
Sent: Tuesday, August 04, 2015 12;02 PM
To: Cooper, Donald
Subject: Budget Information Request
Good Afternoon Mr, Cooper,
During your interview process, you said you would start "Day One" on the budget because the people need to have
confidence that their tax dollars are being spent wisely. As you have learned, it has not so the public (and I) are
rightfully skeptical.
In your resume, you took credit for PSL's low millage rate (in the 4's). So, I am expecting far more Budget input from you
than we received the past two years from Chapman and Stewart.
Exhibit A, pulled from the 5/20/15 Agenda Item 9-L was deplorable. The totals for the rows did not add up. This showed
me you either didn't review the lead page presentation or you were lacking in attention to detail in a very important
responsibility.
The commission received a preliminary 2016 budget on 7/14/15 and set a millage rate cap. I expect that means Mr.
Warner and you have completed your final reviews of several department 2016 Budget submissions. Please forward the
5 most significant changes/contributions you have made so far in order of priority (1 being the most significant) with
supporting Worksheets.
I also want an additional 2 items with your response, which I would like to receive by Friday.
1. A Reserve Account Balance Activity Analysis with actual amounts for 2010-2014 (Mr. Warner provided this on the final
day of millage approval last year) with 2015 Projected and 2016 Budgeted. Make sure the Reserve Ratio % (based on the
Sept. adopted Gen. Fund Budget) is reflected on the bottom and how much excess Reserve dollars the City has above the
City Commission standard of 19%. Please forward me any credit agency publication that states what Reserve Ratio %
they are looking for. I recall hearing 20%.
Given how Mr. Warner struggled with refunding the $1.6M in AGAR Cart Replacement fees, I am leery about his Reserve
amount recommendations. So, I want the City's reserve position decision to be made as analytically as possible and not
on someone's "gut feelings."
2. The worksheets and 2016 Budget for the Sanitation Fund. I want to see the impact of the benefits of converting to
SWS and them providing additional services. You probably want to include a projected 9/30/15 balance sheet so that I
can see the adequacy of the Unrestricted Net Position.
84
I expect a reduction in the City's millage rate with no noticeable reduction in services to citizens.
Thank You,
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15Y Avenue
Delray Beach, FL 33444
Petrolia@mvdeiraybeach.com
Phone: (551)243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all City Commissioners or only 1 City Commissioner at a time and „should _not include prior responses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
85
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Friday, September 25, 2015 1:57 PM
To: Petrolia, Shelly
Subject: Re: Delray Fire Resuce Issues
Commissioner Petrolia:
Why are Fire issues always "shade" ? The contract offers should be out in the public also. With some Commission
members apparently beholden to the Fire for campaign backing, all the more reason to get it out in the open.
Secondly, Finance Director Warner evaluating it? He evaluated and recommended the Redman ITB which was
"trashed" and required the hiring of a second trash consultant. He gave you a 28 line Budget revision last May. 25
lines didn't add across. He couldn't find a "Late Charge" provision in a commercial mortgage loan. He doesn't record
journal entries in a timely manner. Need 1 go on. I can't wait to see Mr. Warner's work product and how the unfunded
pension liability gets addressed.
You are right to demand that ALL negotiations with the County be PUBLIC! Robocalls? Cooper has left you'hanging
in the dark' again!
From: "Petrolia, Shelly" <petrolia@mydeiraybeach.com>
To: "Cooper, Donald" <cooperd@mydelraybeach.com>
Cc: "Pfeffer, Noel" <pfeffer@mydelraybeach.com>; Marisa Gottesman <mgottesman@sun-sentinel.com>; Kelly Barrette
<kellybarrette@rocketma!l.com>; Kenneth MacNamee <kjmacnamee@yahoo.com>; Nancy MacManus
<applique20l3@comcast.net>; Cindi Freeburn <freeburncindi@gmail.com>; JoAnn Peart <joannpeart@comcast.net>
Sent: Friday, September 25, 2015 12:41 PM
Subject: FW:
Good Afternoon,
The conversation about a potential conversion of City Fire services to County began long ago, in fact, well before you
arrived in our town. Last year, most thought this issue was finally put to rest when county could not come up with a plan
good enough to warrant a second look. But, as is often the case.—Here we go again.
Since July of this year, there have been rumblings of City/County Fire negotiations. I pointed this out to you, which is
confirmed in the July email below. I have asked for updates in August (at a special meeting) and just recently in my Sept.
16th email, to which the response has consistently been—there is "nothing in writing."
Well, that may be the case. But this issue is one that is now causing my phone to ring off the hook with questions that I
cannot answer. Everyone is concerned and wants information. They are wondering what kind of "deal" is being struck
and who's involved. When something at this level of importance is being discussed, I would expect ALL COMMISSIONERS
WOULD BE EXPECTED TO OFFER INPUT. I'm not even sure how this rolled back around to the negotiation table. I
certainly wasn't apprised. Someone made a statement that cued me in. That's what prompted my original inquiry to you.
In your most recent email dated Sept. 16, you state, "My intent is that any proposal to implementation an MSTU must
allow the city of DB to be able to reduce our millage by an equal amount (so the net result is neutral) or to be revenue
positive from DB's prosective." is concerning. Would you support outsourcing Fire Rescue if a net neutral position is
achieved? You understand the pensions still remain the liability of the taxpayers. What would we achieve? You also state
that, "I know there is a robocall which is saying that the consolidation is occurring and DB will be giving the county the
86
city's equipment among other things but it is untrue and without basis." Try telling that to citizens who have been told
NOTHING about this new round of negotiations. And how am I expected to know this? I am "in the dark."
Few things in government are more disappointing than a lack of transparency. While it may be necessary to work on
things outside of public scrutiny, the lack of information, or worse, information being obtained thru unreliable sources
(robocalls as an example) feeds into public mistrust and a loss of confidence in government. Even the newspaper
headlines seem to be attempting to ward off public inquiries, "Delray to residents: No changes to fire rescue services."
Mr. Cooper, you stated in the email below that the week after July 16, we would be receiving a cost and revenue analysis
on the impact of moving Fire services, and yet here we are, fast approaching October with nothing but lip service and
robocalls. I want answers on what is happening, what has been discussed and what is being proposed so that I can
report with confidence, facts, to my constituents. They are demanding answers. And I am demanding transparency!
Shelly Petrolia
Vice Mayor
City of Delray Beach
1.00 N.W. 1St Avenue
Delray Beach, FL 33444
Petrolia@mydelraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all City Commissioners or only 1 City Commissioner at a time and should not include prior responses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
From: Cooper, Donald
Sent: Thursday, July 16, 2016 11:20 AM
To: Petrolia, Shelly
Subject: RE:
Good morning, the reference was to a verbal conversation Jack had with the finance person with PB County on what they
want, we do not have written proposal (or even a draft ) at this time. We are working jointly to develop an agreed upon
cost and revenue numbers so an analysis can be done by both sides as to the impact, That is to occur next week, but we do
not have a proposal as of yet. As soon as we have one it will be brought to the Commission for examination and direction.
From: Petrolia, Shelly
Sent: Thursday, July 16, 2015 10:15 AM
To: Cooper, Donald
Subject:
Good Morning Mr. Cooper,
During the meeting on Tuesday, there was mention during the budget discussion that a proposal came in on the Transfer of Fire
Services to County, albeit, not a favorable one. Please forward this to me.
Thanks,
Shelly Petrolia
Vice Mayor
87
City of Delray Beach
100 N. W. I" Avenue
Delray Beach, FL 33444
Petrolia(&,mydelraybeach. eom_
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local
officials, employees, or the general public regarding city business are public records available to the public and media upon
request. Your e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business
should be directed to either: all City Commissioners or only 1 Cily Commissioner at a time and should not include prior
responses from the other Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
88
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Saturday, September 26, 2015 11:32 AM
To: Petrolia, Shelly
Subject: Re: Iberia Journal Entry
Shelly:
Great question! 1 can't wait for the reply.
This is like the Otto trash cart shenanigans when the Purchase Order was approved 2 months after the carts were
ordered, received, and invoiced. Whoever signed as "reviewer" for the jle below wanted to cover hislher'tail' justb
like the person who prepared the late Otto PIO.
it looks like you added the 11th item to my list of 10 Internal Control Breakdowns-- journal entries are entered before
they are reviewed!
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: "Cooper, Donald" <cooperd@mydelraybeach.corn>
Cc: "Commissioners, Mayor" <Commissioners_Mayor@mydelraybeach.com>; "Warner, Jack"
<warn e r@mydelraybeach. com >
Sent: Saturday, September 26, 2015 10:44 AM
Subject: Re: Iberia Journal Entry
Mr. Cooper,
How does the City record a journal entry PRIOR TO REVIEW?!
Date Prepared: 611115
Date Reviewed: 8126115
Date Entered: 614115
(See bottom of 2nd page of attachments)
Is this not a BREAKDOWN in basic accounting practices? Is it our practice to review almost three
months AFTER recording entries?!
Please Advise,
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1 st Avenue
Delrav Beach. FL 33444
Petro IiaCcDmydelraybeach.com
Phone: (561),243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
89
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only 1 City
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
On Sep 25, 2015, at 11:12 PM, Kenneth MacNamee <kimacnamee _yahoo.com> wrote:
Commissioners:
More obfuscation and/or confusion from the City's Finance Department, The Journal entry states it
was prepared 7127115". 1 received another related jle in the PRR reply dated 7!6115".
If the journal entry was prepared 614115 as Ms. Carlson states, why wasn't it provided when I
requested it in my PRR? Why didn't Ms. Carlson provide it now? Why wasn't the transaction register
for a/c 001--000-128-0900 provided now to prove her point?
Here is even a bigger question. My PRR was dated 812115. Why did they "print the entry 6 days
before 1 requested it? Ms. Carlson's assertions below sure look disingenuous to me!
Again, to quote Mr. Warner from 5 years ago, "This is a breakdown in basic blocking and tackling". In
a 8110115 email from him, he acknowledged I was correct!
I didn't make a "mistake" here. If anything, I was given bad information, i.e., not the journal entry
which I specifically requested. Moreover, there apparently was no recording of the $600K discount
the Mayor garnered.
Can there be anything more simple and basic in a PRR request than journal entries?
From: Carlson, Barbara [mailto.-carlson@mVdelraybeach.com]
Sent: Tuesday, September 15, 2015 1:48 PM
To: Scott Porter <sportercdlc a.com>
Subject: FW: Iberia Journal Entry
FYI
From: Carlson, Barbara
Sent: Tuesday, September 15, 2015 1:04 PM
90
To: Warner, Jack
Cc: Cantore, Teresa
Subject: Iberia Journal Entry
Jack,
The accusation that the May 29 Iberia wire journal entry was prepared two months later
on July 27 is 100% incorrect.
The journal entry was prepared and posted on June 4 — on time for the May close.
A copy of the journal entry, along with a print screen from our computer system, are
proof of the June 4 date.
When Mr. Macnamee submitted a public records request to ask for the journal entry, we
could not quickly locate the journal entry, so we printed out a copy of the journal entry
from excel to satisfy the records request.
When the entry printed, it showed the date of the print out on the bottom, which was
July 27.
July 27 was not the date we posted the entry, rather it was the date we printed the entry
for Mr. Macnamee.
Barbara Carlson
Chief Accounting Officer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
(561) 243-7134
carlson m delra beach.com
<Iberia JE.pdf>
91
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Sunday, September 27, 2015 3:15 PM
To: Petrolia, Shelly
Subject: Re: Is Mayor Clickstein a "Fraud"?-- Chapter 2
Get all Fire meetings out of shade and into the sunshine. The City and the Union's offers should be visible to all
am tired of hearing the City isn't negotiating in good faith.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Sunday, September 27, 2015 11:36 AM
Subject: Re: Is Mayor Glickstein a "Fraud"?-- Chapter 2
Wow!
Wish this email was available prior to certain "shade" meetings.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1sf Avenue
Delray Beach, FL 33444
Petrolia mydelraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e--
mails containing city business should be directed to either: all City Commissioners or only 1 Cit
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
On Sep 27, 2015, at 11:13 AM, Kenneth MacNamee <k[macnamee(a)_yahoo.com> wrote:
Concerned Delray Citizens:
92
When Cary squelched Ms. Barrette's appointment to the Historic Preservation Board, it re -opened a
deep wound for me.
Whatever that Board attempts to do, the Commission can override or change. But 14 months earlier,
the mayor made an inexplicable re -appointment to the Police and Firefighters Pension Plan (P&F)
Board. That Board is not under any Commission control. It constitutes approximately 113 of the
City's assets. But, Mayor Glickstein re -appointed then Commissioner Frankel although he had
proven track record of being incompetent and unqualified. The prior three years P&F's financial
condition had received an "F" grade from the State whereas the City's other pension plan (General
Employee --"GE") had garnered "A" grades.
The Mayor knew it was a bad appointment but he did it anyway. Here is his email to me lamely
attempting to justify it:
From: Cary Glickstein <CGlickstein@ironwood properties. cam >
To: Kenneth MacNamee <kimacnamee()-yahoo.com>
Sent: Monday, June 23, 201.41:5.1. PM
Subject: FW: RE:
I. -J —1-4 4. ib... .;i.....�, —.. of 4" 4-", CU . L. ,l-----.;-4,— —4 Elie
thinking as l would like to get rid of th'e board entirely, but'that requires us. to pull out of the statutory
system that provides state funding Appointing someone new (there were no other qualified
candidates, either), would have given critics ammunition to sa ive us more time..... You can trace
the email chain below as to where I am headed with this, butimmm
ithout the hvnerbole or rhetoric about Frankel and other's incompetence.
Thank you.
Cary Glickstein
Frankel's appointment was not "irrelevant". And the State funding lets the State control our Plan-- for
a paltry $505K, less than 112% investment return. Now that deleterious re -appointment was 15
months ago. Shortly, thereafter at the Mayor's behest in 111111M, I analyzed the performance of
both City pension plans. P&F's performance for 2014 was worse than ever compared to GE's. I
informed the Mayor that the opportunity loss was $4.5M! He has done virtually nothing with this
staggering loss information or anything since.
When I first met then Mayoral candidate Glickstein in December 2012, he had a 3 inch binder on
P&F. We spent over an hour going over it. He was very well versed in P&F's problems and financial
shortcomings. He promised me he would address it as Mayor. Well, we are almost 3 years later and
it is never even a Commission Agenda item?
P&F is by far the City's most pressing financial matter. It must come under the full auspices of the
Commission and it is not. Its claimed $90M unfunded liability is grossly understated because the
P&F Trustees employ "pie in the sky" assumptions to conceal the true gravity of the problem. The
Commission has no control over its actions and just watches it waste taxpayer money. So much for
mayoral "Leadership" Cary promised in 2 campaigns!
93
Simply put, P&F is not " the police and firefighters' pension plan". It is the Delray Taxpayers Plan (for
the benefit of the police and firefighters). Delray taxpayers are 'on the hook' for the entire unfunded
liability which in reality is close to $200M! But, 6 police and firefighters control P&F's investments
and administration. They have driven the Plan into a "financial ditch". Who hires a policeman or a
fireman to manage his/her investment portfolio?
To say that the Mayor has "deceived" me is an understatement. For 2.5 years, he has neglected the
citizens' and taxpayers' best interests on probably the most important problem facing the City. So, on
this major responsibility, he appears to me to have been a "fraud"!
In subsequent emails, l will provide more documentation and some reasoning why I think the Mayor
has reneged on his promise to rectify P&F. Stay tuned!
----- Forwarded Message ---
From: Kenneth MacNamee <kmmacnamee ahoo.com>
To: Mayor Commissioners <commissioners ma or ci.delra-beach.fl,us>
Cc; Gottesman Marisa <m ottesman sun-sentinel.com>; "randy .bocamag.com"
<randyp_bocamaq,com>; "mbuczynerCQcbs12.com" <mbucz ner cbsl2.com>; Charlie Keegan
<charlie.kee an w tv.com>; PBC Inspector Inspector <inspectorCapbcgov.org>; Vince Dole
< elod3 ahoo.com>
Sent: Wednesday, September 23, 2915 9:94 PM
Subject: Is Mayor Glickstein a "Fraud"?-- Chapter 1
Concerned Delray Citizens:
"Fraud"- def -- a deceitful person or act.
At the 9115 Commission meeting starting at the 5:33 mark, Delray resident Kelly Barrette was
nominated for a position on the Historic Preservation Board. Mayor Glickstein immediately jumped in
and stated Ms. Barrette lacked the necessary (?) qualifications. If he would have stopped there, that
is a legitimate reason not to vote for appointment.
But not our bantam rooster, churlish Mayor. He went on about a private text message Ms. Barrette
sent him after the 3-2 IPIC approval vote. He claimed she wrote, "You're a fraud". Ms. Barrette
states in the attachment below(" Barrette Letter") she just wrote "fraud" and was referring to the
process.
am not familiar with the details of the IPIC matter. However, whenever 1 observe someone as
defensive as the Mayor was over an alleged one word text message, I go by the old adage, "If the
shoe fits". It sounded like the Mayor had a guilt complex and Barrette obviously struck a nerve.
It got worse at the 9/15/15 meeting. After the Mayor finished denigrating Ms. Barrette, he refused to
let her rebut his remarks. In an act of cowardice, he hid behind his bully pulpit, dropped his gavel,
and moved on. According to Ms. Barrette's other attachment below("violations of procedures"), he
violated several City conduct protocols for Commissioners:
1) -Respect the right of all citizens to hold different opinions
2)- Avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different
from ours
3)- Strive to understand differing perspectives
4)- Be truthful, not accusatory and avoid distortions (like "You are a fraud" instead of just "fraud"?)
5)- Avoid violence, prejudice, and incivility towards citizens
94
It looks like the Mayor went "5 for 5" violating the City's "Rules of Procedures". That is what bullies
do with tenuous positions.
His two puppets on the Commission, fellow lawyers Jarjura and Jacquet, supported him. I guess
they too are unaware of the City's Rules of Procedures just like they supported CA Pfeffer when he
violated the City's "Sidewalk Deferral" Ordinance.
The Mayor obviously tried to humiliate and silence Ms. Barrette. He doesn't like citizens who
disagree with him or worse yet, expose him. Stay tuned! That is why this is only "Chapter T" in "Is
Mayor Glickstein a Fraud?"
< B a rre tte Letter. p d f>
<violations of procedures -P&>
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, September 28, 2015 2:25 PM
To: Petrolia, Shelly
Subject: Re: Fwd: Don't see you in the crowd
No, certainly not that I am aware of. Feel free to rebut Levinson's insulting and specious statement. That is why
Iced you.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Cc: Vince Dole <gelod3@yahoo.com>
Sent: Monday, September 28, 2015 2:11 PM
Subject. Fwd: Don't see you in the crowd !
Ken,
Have you ever written anything that I have read verbatim at any commission meeting? If so, please
remind me.
Thanks for keeping me in the information loop as it's always good to know the mind(s) I occupy so I
can more effectively dance under their paper thin skin(s)1
Keep up the Good Work!
Shelly Petrolia
Vice Mayor
City of Delray Beach
140 N.W. 1st Avenue
Delray Beach, FL 33444
Petrolia m delra beach.com
Phone:.(561) 243-7010
Note to Mayor &_Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only -1 Cit
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
96
Begin forwarded message:
From: Shelly Petrolia <shellypetrolia .aol.com>
Date: September 28, 2015 at 1:45:07 PM EDT
To: Shelly Petrolia <petrolia __mydelraybeach.c_om>
Subject: Fwd: Don't see you in the crowd l
City Business Forwarded to City Server for public access
Sent from my iPhone
Begin forwarded message:
From: Kenneth MacNamee <kimacnamee(a)_yahoo.com>
Date: September 28, 2015 at 12:57:43 PM EDT
To: "ion Ca7RELente rprises. com" <ion RELenterprises. com>
Cc: Jeff Perlman <perlmanjeff@gmail.com>, Vince Dole
<gelod3(cwahoo.com>, Blake MacDiarmid <jbm207Agmail.com>, Mitch
Katz <mkatz7l @,gmail.com>, Shelly Petrolia <she]lypetrolia(c_aol.com>
Subject: Re: Don't see you in the crowd !
Reply -To: Kenneth MacNamee <kJmacnamee(cwahoo.com>
Jon:
My a' my!
When I was taking on McDuffie, Frankel, Gray, etc. and driving McCarty and Fladell
out of Delray, you were my biggest cheerleader!
But, now that I am exposing and holding accountable your 3 handpicked Delray
leaders (Glickstein, Jarjura, and Pfeffer), you want to "stay out of politics and discuss
'non-political' hogwash"?
Well, like you told me you were too busy with your personal business matters, I have
been busier trying to 'right the ship' with your trio because you apparently refuse to
advise them or better yet hold them accountable.
To correct your inaccuracies in your email below, 1 haven't commented about AI in six
months. Please, email Shelly and Mitch and ask them if they "walk on water" as far
as I'm concerned. Ask them if I don't get after them. As far as Shelly reading my
emails in public, at least she is not putting her head in the sand like your two
Commissioners are.
Shelly got the SWS transfer through saving trash customers $8.3M. Remember,
Cary said he was voting for WM until he saw the McCarty email trail. And, Jordana
votes lock step with Cary. Shelly got the $1.6M cart fee refund done. What have your
two hand picked Commissioners accomplished for the taxpayers?
As far as your two Commissioners are concerned, I've waited 2.5 years for Cary to
live up to his promise to straighten out City Hall and rectify P&F. I'm actually more
disappointed than I was with McDuffie and Carney. They didn't have the intellect and
the character that Cary possesses.
As for Jordana, her "dance" with Pfeffer is embarrassing and humiliating. He is more
incompetent than Shutt. And your 'fingerprints' are on the Pfeffer hiring. See the
97
handwritten notes from my 7120116 background check I did on him and just faxed to
you. I followed that up with a phone call to you and you spent 5 minutes espousing
the wonderfulness of and your relationship with Ilene Lieberman. Subsequently,
spoke with a senior level Broward County Prosecutor I have known for over 30 years.
He told me in a county noted for shady and corrupt politicians, Lieberman was as
bad as it gets.
Keep dissing Petrolia (and Katz). Your backing of Bastian was ploy to get a reliable
third vote for Cary and Jordana. Better yet, berating Katz for entering the race was
great motivation for him and his supporters. Ask Vince. Your guy got buried! Your
other guy (Boylston) couldn't even get off the ground.
Jon, 1 don't believe I have phoned you since the 7120116 phone call re Ilene
Lieberman. If you want to discuss positive political action in Delray, I am all ears. But,
please don't try to BS me with 'the talk around town' from the guy who backed
Bastian and told Katz he couldn't win.
1 hope you take this email as "constructive intent" and get politically involved looking
out for the best interests of Delray citizens and taxapayers-- like I consistently and
unrelentingly have done for 6 years!
From: Jon Levinson <ion@RELenterprises.com>
To: 'Kenneth MacNamee' <kimacnamee(a7Vahoo,com>
Sent: Monday, September 28, 2015 9:13 AM
Subject: RE: Don't see you in the crowd 1
Ken, enough already. I have tried several times
to reach out to you this summer with non political
items (email on my friend from Penn State etc).
We all get it. Cary, Al and Jordana are losers to you
and Shelly and Mitch walk on water. You have driven
that point home ad nauseum. In fact I'm getting your
emails forwarded to me now from others you send to
saying enough is enough.
If you can't have a civil conversation about something
without doing what you did below I think you need
to seriously review your efforts. You have stopped
providing valuable information and a service to the
Community (Garbage, P&F Pensions, etc) and now
have simply become toxic.
The talk around town is now how Shelly "reads verbatim"
your prepared remarks for her. When questioned about
something she gets flustered when she can't find the
answer in your document. These are people who are
98
on your email list so they have your comments first and
then see her echoing them from the dias word for word.
I hope you take this with a constructive intent. I enjoy
most of our conversations but it is now simply over the
top.
Best,
Jon
561-243-2690 Office
561-243-9242 Fax
561-212-2799 Cell
JonaRELenterprises.cam
www. RE Lenterprises.com
From: Kenneth MacNamee jmailto:kimacnamee(a—yahoo.corn
Sent: Saturday, September 26, 2015 11:22 AM
To: Jon Levinson <Jon(@RELenterprises.com>
Subject: Re: Don't see you in the crowd l
The Pope reminds me of Glickstein. He looked so promising as to someone who
would stand up for necessary change. But, the Curiae fed him wine just like City staff
has Cary drinking the'Koolade'.
The Pope said the bishops had "courage" in handling the pedophilia crisis reminds
me how Cary protects Pfeffer and Cooper instead of holding them accountable.
From: Jon Levinson <Jona_RELenterprises.com>
To: 'Kenneth MacNamee' <kimacnameeQyahoo.com>
Sent: Saturday, September 26, 2015 10:25 AM
Subject: Don't see you in the crowd !
Watching the Pope in Philly. Don't see you
in the crowd at Basilica ????
Might not get into heaven !!!!
Best,
Jon
Jon R. Levinson, President
REL Enterprises, Inc.
200 Lindell Blvd. Suite 920
Delray Beach, FL 33483
561-243-2690 Office
561-243-9242 Fax
561-212-2799 Cell
Jon(a),RELEnterprises. corn
www. RELEnterprises. corn
99
100
Wynn, Kimber[
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, September 28, 2015 2:44 PM
To: Petrolia, Shelly
Subject: Re: Don't see you in the crowd !
Understood. You're right!
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, September 28, 2015 2:34 PM
Subject: Re: Don't see you in the crowd !
Don't really feel it/he's worth my time.
No Thanks!
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delrav Beach. FL 33444
Petrolia m delra beach.corn
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only 1 City
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
On Sep 28, 2015, at 2:28 PM, Kenneth MacNamee <kimacnamee@yahoo.com> wrote:
No, certainly not that I am aware of. Feel free to rebut Levinson's insulting and specious statement.
That is why I cced you.
101
From: "Petrolia, Shelly" <petrolia _mydelraybeach.com>
To: Kenneth MacNamee <kimacnamee@yahoo.com>
Cc: Vince Dole <.qelod3(a�yahoo.com>
Sent: Monday, September 28, 2015 2:11 PM
Subject: Fwd: Don't see you in the crowd !
Ken,
Have you ever written anything that I have read verbatim at any commission
meeting? If so, please remind me.
Thanks for keeping me in the information loop as it's always good to know the mind(s) I
occupy so I can more effectively dance under their paper thin skin(s)l
Keep up the Good Work!
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. Vt Avenue
Delray Beach, FL 33444
Petro Iia(cDmydeIray beach.com
Phone: (551) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To
comply with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most
written communications to or from local officials, employees, or the general
public regarding city business are public records available to the public and
media upon request. Your e-mail communications may therefore be subject to
public disclosure,
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a.
"Sunshine Law"), a -malls containing city business should be directed to either: all City
Commissioners or only 1 City Commissioner at a time and should not include
prior responses from the other Commissioners in order to avoid the perception that
a third party is acting as a liaison between Commissioners.
Begin forwarded message:
From: Shelly Petrolia <shellypetroliaCcD_aol.com>
Date: September 28, 2015 at 1:45:07 PM EDT
To: Shelly Petrolia <petrolia @ mydelraybeach.com>
Subject: Fwd: Don't see you in the crowd !
102
City Business Forwarded to City Server for public access
Sent from my iPhone
Begin forwarded message:
From: Kenneth MacNamee <kimacnameeAyahoo.com>
Date: September 28, 2015 at 12:57:43 PM EDT
To: "Ion _.RELenterprises. _c_om" <jon __RELenterprises.com>
Cc: Jeff Perlman <perlmanieff(c gmail.com>, Vince Dole
<gelod3 _yahoo.com>, Blake MacDiarmid
<ibm207 mail.com>, Mitch Katz
<mkatz71(c_gmail.com>, Shelly Petrolia
<shellypetrolia(c_aol.com>
Subject: Re: Don't see you in the crowd !
Reply -To: Kenneth MacNamee
<kimacnameeO-vahoo.com>
Im
My o' my!
When I was taking on McDuffie, Frankel, Gray, etc. and driving
McCarty and Fladell out of Delray, you were my biggest cheerleader!
But, now that I am exposing and holding accountable your 3
handpicked Delray leaders (Glickstein, Jarjura, and Pfeffer), you want
to "stay out of politics and discuss'non-political' hogwash"?
Well, like you told me you were too busy with your personal business
matters, I have been busier trying to 'right the ship' with your trio
because you apparently refuse to advise them or better yet hold them
accountable.
To correct your inaccuracies in your email below, l haven't
commented about Al in six months. Please, email Shelly and Mitch
and ask them if they "walk on water" as far as I'm concerned. Ask
them if I don't get after them. As far as Shelly reading my emails in
public, at least she is not putting her head in the sand like your two
Commissioners are.
Shelly got the SWS transfer through saving trash customers $8.3M.
Remember, Cary said he was voting for WM until he saw the McCarty
email trail. And, Jordana votes lock step with Cary. Shelly got the
$1.6M cart fee refund done. What have your two hand picked
Commissioners accomplished for the taxpayers?
As far as your two Commissioners are concerned, I've waited 2.5
years for Cary to live up to his promise to straighten out City Hall and
rectify P&F. I'm actually more disappointed than I was with McDuffie
and Carney. They didn't have the intellect and the character that Cary
possesses.
As for Jordana, her "dance" with Pfeffer is embarrassing and
humiliating. He is more incompetent than Shutt. And your
'fingerprints' are on the Pfeffer hiring. See the handwritten notes from
103
my 7120/15 background check I did on him and just faxed to you. I
followed that up with a phone call to you and you spent 5 minutes
espousing the wonderfulness of and your relationship with Ilene
Lieberman. Subsequently, l spoke with a senior level Broward County
Prosecutor I have known for over 30 years. He told me in a county
noted for shady and corrupt politicians, Lieberman was as bad as it
gets.
Keep dissing Petrolia (and Katz). Your backing of Bastian was ploy to
get a reliable third vote for Cary and Jordana. Better yet, berating
Katz for entering the race was great motivation for him and his
supporters. Ask Vince. Your guy got buried! Your other guy
(Boylston) couldn't even get off the ground.
Jon, I don't believe I have phoned you since the 7120/15 phone call re
Ilene Lieberman. If you want to discuss positive political action in
Delray, I am all ears. But, please don't try to BS me with 'the talk
around town' from the guy who backed Bastian and told Katz he
couldn't win.
I hope you take this email as "constructive intent" and get politically
involved looking out for the best interests of Delray citizens and
taxapayers-- like I consistently and unrelentingly have done for 6
years!
From: Jon Levinson <ion(a7RELenterprises. com>
7o: 'Kenneth Macldamee' <kimacnamee(a)-yahoo.com>
Sent: Monday, September 28, 2015 9:13 AM
Subject: RE: Don't see you in the crowd
Ken, enough already. I have tried several times
to reach out to you this summer with non political
items (email on my friend from Penn State etc).
We all get it. Cary, Al and Jordana are losers to you
and Shelly and Mitch walk on water. You have driven
that point home ad nauseam. In fact I'm getting your
emails forwarded to me now from others you send to
saying enough is enough.
If you can't have a civil conversation about something
without doing what you did below I think you need
to seriously review your efforts. You have stopped
providing valuable information and a service to the
Community (Garbage, P&F Pensions, etc) and now
have simply become toxic.
104
The talk around town is now how Shelly "reads verbatim"
your prepared remarks for her. When questioned about
something she gets flustered when she can't find the
answer in your document. These are people who are
on your email list so they have your comments first and
then see her echoing them from the dias word for word.
hope you take this with a constructive intent. l enjoy
most of our conversations but it is now simply over the
top.
Best,
Jon
561-243-2690 Office
561-243-9242 Fax
561212-2799 Cell
Jon(o)RELenterprises.com
www. RELenterprises. com
From: Kenneth MacNamee fmailto:kimacnamee(a7-yahoo.comj
Sent: Saturday, September 26, 2015 11:22 AM
To: Jon Levinson <JonCaD.RELenterprises.com>
Subject: Re: Don't see you in the crowd !
The Pope reminds me of Glickstein. He looked so promising as to
someone who would stand up for necessary change. But, the Curiae
fed him wine just like City staff has Cary drinking the'Koolade'.
The Pope said the bishops had "courage" in handling the pedophilia
crisis reminds me how Cary protects Pfeffer and Cooper instead of
holding them accountable.
From: Jon Levinson <Jon(LDRELenterprises.com>
To: 'Kenneth MacNamee' <kkwmacnamee@yahoo.com>
Sent: Saturday, September 26, 2015 10:25 AM
Subject: Don't see you in the crowd !
Watching the Pope in Philly. Don't see you
in the crowd at Basilica ????
Might not get into heaven I!!!
Best,
Jon
Jon R. Levinson, President
REL Enterprises, Inc.
200 Lindell Blvd. Suite 920
Delray Beach, FL 33483
105
561-243-2690 Office
561-243-9242 Fax
561-212-2799 Cell
Jon _ RELEnterprises.com
www. RE LEnterp rises, com
106
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Saturday, October 03, 2015 4:08 PM
To: beng2002@aol.com
Cc: Katz, Mitchell
Subject: Re: Fwd: Atlantic Crossing update: Meeting in shade or shady meeting?
Benita,
Thank you very much. I agree that a two way Atlantic Court is a must. That is what the Mayor stated when he
opposed plan approval that was granted 3-2. Let's hope he doesn't have a melt down and continues to demand a
two way Atlantic Court. He is the swing vote.
I am "pro Atlantic Crossing" but the ingress/egress, loading/unloading, and total parking spaces must be handled
properly. It is almost impossible to fix those shortcomings after something is built.
Please keep me apprised and if someone can forward me the filed $25M lawsuit, I would like to review it.
From: "beng2002@aol.com" <beng2002@aol.com
To: kjmacnamee@yahoo.com
Sent: Friday, October 2, 2015 3:16 PM
Subject: Fwd: Atlantic Crossing update: Meeting in shade or shady meeting?
Hi All,
Thought you would be interested to see this article in October's Coastal Star regarding
Atlantic Crossing suing the city.
In order to have a meeting outside the public view (in the sunshine) and in the so called
shade there needs to be a lawsuit --the developers obliged. This Tuesday, October 6th the
Mayor and Commissioners along with the city attorney and Jamie Cole (hired outside
counsel) will meet to discuss how to proceed.
What is at stake is putting in a 2 way road known as Atlantic Court to relieve a good
amount of the traffic around the project. The developer, specifically Edwards Group is
claiming they don't have to comply because their site plan and project were approved by
the Commission.
Two important points to know:
1. The approved site plan omitted(forgotten?) Atlantic Court and did not conform to the
recorded plat on file which contains the road.
2.The alleyways which they are claiming belong to them are actually still with the city
because in accordance with the project of 2009, the alleyways were only to be conveyed
in exchange for Atlantic Court being
107
a Two WAY road--GOTCHA.
There is no reason for the Commission to settle when we are holding a necessary piece of
their project --the alleyways.
Writing to them to hold the line would be a great idea: commissioners ma or ci.delra -
beach.fl.us
Here's the link:
Delray Beach: Developers" suit alleges city delays_cost $25 million
Delray Beach: Developers' suit alleges city delays cost
$25 million
By ,lane Smith The Atlantic Crossing developers noiv say the delays
caused by Delray Beach have cost them more than $25 million in rising
construction costs, ace..,
View on thecoastalstar.ning.com Preview by Yahoo
108
Wynn, Kimberl
From:
Sent:
To:
Cc:
Subject:
Jeff:
111 get the book and read it.
Kenneth MacNamee <kjmacnamee@yahoo.com>
Tuesday, October 20, 2015 8:46 PM
Jeff Perlman
Glickstein, Cary
Fw: Adventures in Local Politics
You brought about a "warm and entrepreneurial spirit in City Hall"? Are you talking about the then Commission and
possibly you? You couldn't be talking about staff. Yes, some are "warm" but "entrepreneurial"? You've got to be
kidding me. From 2009 l have experienced untold bureaucratic red tape and watched City resources mismanaged
and wasted to a fare -the -well. In our many conversations, you have referred to it as the 'spigot of money'. Delray
has a'premium' millage rate but I certainly don't see premium service.
I agree the current Commission is ducking the 'big rocks' and that falls on the Mayor as the leader and ultimate
Agenda setter. He has virtually ignored the'8001b. Gorilla' (P&F's problems) for 2.5 years. You rightfully
acknowledged you made some mistakes. Hopefully the book will discuss them.
1 would rather have a governing body of commission as opposed to omission. That is clearly what happened with
McDuffie and Carney regimes.
Am I accurate in stating that is the big difference you see in the current Commission compared to yours?
----- Forwarded Message ----�
From: Your Delray Boca <jefP@yourdelrayboca.com>
To: Ken MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, October 19, 2015 9:03 AM
Subject: Adventures in Local Politics
Check out the latest article from YourDelrayBoca.com:
Adventures in Local Politics
All the best,
109
Jeff Perlman and Dave Reeves, Cofounders
YourDelrayBoca.com
971 Delray Lakes Drive, Delray Beach, FL 33444, USA
Unsubscribe I Change Subscriber Options
110
Wynn, Kimberly
From:
Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent:
Wednesday, October 21, 2015 8:46 PM
To:
bob Wiebelt
Cc:
Glickstein, Cary; Tom Carney; Jeff Perlman
Subject:
Re: Fwd: Citizen Alert! Our local fire department...
Bob:
The email below is one reason why I supported Cary Glickstein instead of Tom Carney for Mayor.
I endorse the Mayor's efforts to get the City a "proposal" to see if we should go to County for Fire services. "Head in
the sand" former mayors like Perlman and Carney never even investigated the possibility. Cary is doing the right
thing here although I agree with Tom there should be more "transparency". But that will ultimately come.
What Delray taxpayers must come to grips with is that we pay a'premium' mil [age rate but we are not receiving
anything close to premium services. Our City has not been well run or managed. It took me 6 years but we just saw
that we saved 15% ($8.3M) on something as mundane as trash service by simply bidding it out. I trust your
commercial trash service rates were reduced markedly.
Every city service must be scrutinized for improvement. Instead, there is the same old approach. Take last years
costs and just add 5% Budget approach. Building on a bloated foundation (and I consider Fire to fall into that
category) is a typical bureaucratic, 'head in the sand' approach. We need managers in City Hall who are looking out
for the best interests of citizens and taxpayers. I haven't seen one yet who epitomizes that ideal. They seem to
represent their staff and the status quo. Have you ever heard anyone say, "I want to move to Delray and pay higher
real estate taxes because of their top flight Fire/Rescue service."?
Obviously, I have serious issues with Cary's performance but with what little I know now about investigating Fire
going to the County, I will not'join the chorus' and criticize him at this time. I endorse his effort to get information --
the lifeblood on improving performance. Unfortunately, Cary doesn't have the 'brain power' in staff to thoroughly
evaluate a complicated proposal that should be forthcoming. Look how bad Pfeffer, Warner, and 4 senior staff
members butchered the recent trash bids. So, Tom is right here calling for "transparency" sooner rather than later.
Maybe the possible Fire transition will shine the light on the P&F pension debacle. Let's get a quote as to how
much it cost the City to get the County to assume the firefighters (active and retired) pension liability. Then we would
see how badly the P&F Trustees have understated the liability, deceived the public, and Commissioners like Cary
and Tom have ignored the problem.
From: Bob Wiebelt <bob@delrayplaza . corn >
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Cc: Bob Wiebelt <bob@delrayplaza.com>
Sent: Wednesday, October 21, 2015 3:46 PM
Subject: Fwd: Citizen Alert! Our local fire department...
Ken,
Are you aware of the city turning over the fire department to the county? See attachment.
Thank you for all of your many years of hard work you have done for the residents of Delray
Beach. Your work exposing the incompetence of the city commission and city staff is appreciated. l
just wish more city residents knew how inefficient our government is.
ill
Thanks again for your hard work.
Bob Wiebelt
561-665-0888
bob�b.delrayplaza.com
Begin forwarded message:
From: "Tom Carney" <Tom _ ThomasCarney.com>
Subject: Citizen Alert! Our local fire department...
Date: October 21, 2015 at 3:04:12 PM EDT
To: <bob _delrayplaza.com>
Reply -To: Tom a.ThomasCarne .com
From the Desk of Tom Carne
Citizen Alert! Delray close to losing its fire department to Palm Beach County
This is the first part of a multipart series discussing what every "insider" knows but,
seemingly, doesn't know. 1 hate to call out my friends in the City on this, but it is
particularly disconcerting that, for the last several months, verbal negotiations
have been undertaken between the city and Palm Beach County to take over the
Delray Beach Fire Department. 1 say disconcerting because, when you ask for any
public information, all have fallen back on the "exemption" from the various public
disclosure acts, "nothing is in writing."
Let's discuss what I know so far.
The City has been in negotiations with the Palm Beach County Firefighters Union to
"explore" whether it would be beneficial for the citizens of Delray Beach to have
our fire department taken over by Palm Beach County.
Of course 1 am reminded at the outset, of Mayor Glickstein's remarks a short eight
months ago (and I paraphrase) that any quality city deserves to have, and should
have, its OWN fire department.
If everyone were being honest here, they would allow the public to hear what is
being discussed. The so-called Mr. and Mrs. Transparencies that are occupying the
dais of the City Commission seem to ignore the fact that this decision, if made, will
be irreversible and something that all of us in the City of Delray Beach wit[ have to
live with FOREVER.
As I understand it, the current proposal would be that the City, would transfer its
services to the county and as a result, the citizens of Delray Beach would then be
taxed according to the standards set forth by the county. At the moment, the
proposal is that we would transfer the fire services and the county would add a 3.5
miltage line to the Delray Beach citizen tax bill. This is an absolute and actual tax
increase on the residents of Delray Beach, to the tune of approximately $4
X12
million. Currently, approximately 2.8 millage points are used to fund our fire
department. So what happens to this additional 0.07 millage. This "story" goes
that the County would reimburse this $4 million a year to the City of Delray Beach
so that, at the outset, we would break even.
You should note, however, that I make particular mention of "the outset" because
as time goes on, this millage rate is not established by representatives responsible
to the voters of Delray Beach (e.g., our city commission); rather, it will be left up
to the fire unions to determine what they think they need and to the county
commission who have a variety of interests which don't always include the best
interests of the residents of the City of Delray Beach.
Along with "hoping" that the County decides to send the City of Delray Beach (at
the outset) $4 million a year, it is also included in the plan that Delray would "sell"
its fire assets (fire trucks, fire stations, and various infrastructure related to the
support of fire services) to the County. It is this sale which the commissioners hope
to sell to you as the reason your taxes will be going down. Essentially, the County
is going to establish a price for these assets and will pay for these assets over the
first few years of the new contract. As such, of course we will see a reduction in
your taxes because we will be reimbursed for assets that all of us have paid
for.When that ends , your taxes will go up because there will no longer be any type
of subsidy in payments.
Oh, by the way, this will not solve our "pension problem" which, as anyone who
has been following this issue (not even) closely is the unfunded liability of over $50
million in the City's pension fund. No, this liability will stay with the City.
Write your commissioners NOW and tell them that you do NOT want to lose control
of YOUR fire department and that you do NOT want the County deciding what is
best for YOUR fire department.
You can reach them at:
G[ickstein@mvdetraybeach.com
Petrolia@mydetraybeach.com
Jarjura@mvdetraybeach.com
Jacquet@@ dy elraybeach.com
Katz@@ delra beach.com
I am a firm believer that before a city decides to "subcontract" or "transfer
duties" or "assign" the providing of ESSENTIAL SERVICES to its citizens, that it is
the CITIZENS who need to be consulted and need to approve ANY such action.There
should be a referendum. Let those who are affected by the decision participate in
that decision.
Sincerely,
Tom Carney
113
This message was sent to bobCaNelrayplaza.com from: Emafl
Marketing
Tom Carney j Tom WhomasCarney.com I Tom Carney 1 135 S.E. 5th Avenue, Suite 202 1 Delray Beach, FL 3348 by
Unsubscribe
114
Wynn, Kimberl
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Saturday, October 31, 2015 7:08 AM
To: Petrolia, Shelly
Subject: Re: Fwd: Fire Proposal
The proposal should only be discussed AFTER you receive Mr. Cooper's written evaluation and recommendation of
the submission.
Get him to prepare some work product. You don't need another jabberwocky session like the 6 hours of "Goal
Setting" which apparently will yield little to nothing. Make Cooper be "clinical" with his analysis like I gave you
yesterday.
Don't be dismissive of the Proposal. It should be a fact gathering and clarification exercise. Cooper probaly wants it
canned so he doesn't expose his inability to analyze it.
I haven't read the 28 pages yet. The 10 page pension addenda i only skimmed but it looks like it would need an
overhaul.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Friday, October 30, 2015 9:50 AM
Subject: Fwd: Fire Proposal
it
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1 st Avenue
Delrav Beach, FL 33444
Petrol ia(a)-mydelraybeach.com
Phone: 561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only 1 City
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
115
Begin forwarded message:
From: "Young, Shandra" <youngs()-mydelraybeach.com>
Date: October 30, 2015 at 9:41:16 AM EDT
To: "Commissioners, Mayor" <Commissioners Ma or m delra beach.com>,
"Ramaglia, Francine" <ramaglia(c mydelraybeach.com>, "Scott, David"
<scottd@rnydelraybeach.com>, "Pfeffer, Noel" < feffer m ydelra beach.com>, "Nubin,
Chevelle" <Nubin m delra beach.com>
Cc: "Cooper, Donald" <coo erd m delra beach.com>, "Inglese, Cathy"
<In lese m delra beach.com>, "Rangel, Delores" <Ran el m delra beach.com>
Subject: Fire Proposal
To All,
Please see the attached Fire Proposal documents, to be discussed on Tuesday November 3,
2015, on behalf of Mr. Cooper.
Thank You,
Shondra Young
Executive Assistant, City Manager
City of Delray Beach
100 NW 15t Avenue
Delray Beach, Florida 33444
(0)561-243-7015
(F) 561-243-7199
you ngs _mydelraybeach_.com
116
CITY ATTORNEY PERFORMANCE REVIEW
RATING SHEET
Rate each item from 1(low) to 5 (high) rased on your opinion of the City Attorney's performance.
I. LEGAL CONSULTATION
A. Has legal advice provided by the City Attorney proven to he accurate and technically
correct?
B. Does the City Attorney provide his best and honest recommendation given to all
existing legal issues and ramifications?
C. Does the City Attorney possess and provide an efficient and effective knowledge of
the City's Municipal Code and Regulations?
D. Does the City Attorney possess and provide an efficient and effective knowledge of
other government regulations and case law regarding municipal government issues
facing the City?
E. Does advice provided by the City Attorney regularly take into account and balance
the overall goals and objectives of the City?
F, Does the City Attorney regularly provide the scope of expertise necessary to meet the
City's needs on issues that arise, either from within his/her department or other
resources?
Lf I
G. Does the City Attorney proactively identify potential issues when he/she Is aware of
them to avoid problems from occurring?
Ll H. Are alternatives and innovative solutions provided rather than just raising problems?
5— I. Is the City Attorney able to maintain the City Commission's confidence while
informing them the different legal risks that proposed actions might generate?
It. LEGAL REPRESENTATION
A. Does the City Attorney aggressively represent the interest of the City as directed by
the City Commission?
B. Is the City Attorney's approach effective in achieving the best possible legal outcomes
for the City's interest, given the issues that arise?
C. Does the C€ty Attorney represent the City in a professional and ethical manner?
—7DIs the City Attorney impartial and objectv
a in his/her duties and responsibilities?
E. Are the City Attorney's estiniates of legal impacts reasonably accurate on a regular
basis?
Ill. STAFF WORK
A. Does the City Attorney prepare ordinances, resolutions, contracts and other legal
work accurately and consistent with the direction and objectives communicated by the
City Commission, City Manager and/or department directors?
B. Does the City Attorney maintain good working relationship and serve as an effective
member of the management team?
'C. Does the City Attorney accurately identify and address all legal Issues within documents
and items that he reviews?
t:
D. Are staff and City Commission advised of key changes in municipal law as pertains to the
City's activities?
E. Does the City Attorney displays a positive attitude in carrying out his/her responsibilities
and responding to requests?
IV. COST FISCAL ACCOUNTABILITY AND MNTROL
A. Are regular legal activities achieved within budgetary goals and limits?
B. Has the City Attorney been effective in minimizing legal costs by limiting tasks to those
regarding legal issues and utilizing City in-house staff when possible to perforin
administrative and other functions?
C. Are standard forms developed and used where possible to minimize preparation of
legal documentation?
D, Are legal tasks performed with appropriate authorization according to established'
procedures and contract requirements?
E. Do invoices accurately identify task and expenses in sufficient detail to provide
accountability and cost control?
F. Does the City Attorney display the ability and knowledge to research issues in a
minimum amount of time?
G. Have legal costs been effectively managed and controlled given issues, assignments and
requests made to the City Attorney?
v V. RESPONSIVENE55 TIMELINESS OF ACTION
t A. Are requested legal work and assignments completed in a timely manner within?
established time frames?
B. Is the City Attorney accessible when needed to respond to requests for legal
information and assistance?
C. Are legal review and requests for information completed in time to avoid delays to
City projects, programs and other tasks?
D. Does the City Attorney follow-up effectively to requests that are made?
E. Does the City Attorney accurately interpret and clarify City Council and City Manager
direction?
Vt. COMMUNICATIONS
A. Does the City Attorney communicate effectively with the City Commission, staff and the
community?
B. Are answers provided in a timely and in an understandable manner?
Are timelines for follow-up to requests clearly communicated?
D. Does the City Attorney maintain confidentiality with regard to all matters discussed
with the City Commission and City Manager and staff?
Does the City Attorney effectively report to the City Commission City Manager
communications by project attorneys ofsubstantive nature regarding significant
or sensitive matters?
General Comments and Rating Regarding City's Attorneys Performance:
City Manager Evaluation
Please rate the city manager using the following scale:
stat_ ting Description
1 Unacceptable - Unsatisfactory performance
2 Conditional - Requires Improvement
3 Satisfactory - Meets Council expectations
4 Exceptional - Generally exceeds Councils expectations
5 Outstanding - Substantially exceeds Councils expectations
Please return Your evaluation form to the Mayor as soon, as
Does the City Manager maintain a Rating Comments:
standard of respect for department
head's ability and encourage their
initiative? Does he challenge them to
perform at their highest level?
Does the city manager inspire others to
Rating
Comments:
$lleG ? Does he actively promote
efficiency in operations? Does he
demonstrate a high ;regard for personal
ethics?
Exectition of Policy
Does he, understand the laws and
Rating
Comments:
ordinances of the city and cause them
Cqr. aft �.+1u1
U4 1,1,to
be fairly enforced?
�
Does the city manager worwell with
Rating
Comments:
citizens and properly handle their
complaints?
Does the city manager properly handle
Rating Comments:
his administrative duties?
WW WDATATerfonnanee Evalv4uns![CMA City Manager Performance EvaluationAm. 7
Additional Comments:
L/
Name of Rater:
UAWWDATANPwf4n once PvalaadonAEC-MA City Manager Pcrformanre Evalualion.dur
Date; -F 7,zi
Does tie city manager work well with
Rating
Comments;
developers while protecting the city's
interest? Does he work to increase the
city's tax base through economic
E,✓ i C ►!
development?
Does the city manager cooperate
Rating
Comments:
cordially with neighboring
communities and citizens while looking
�
after the interests o
--r
Does the city manager work well with
Rating Comments:
the city council in making sure there is
adequate information. available prior to
meetings? Is he willing to meet with
council members to deal with
individual problems and issues?
Does the city manager involve himself. Rating Comments:
in the planning process to the correct
degree? Does he review the process
and look for better ways to handle I-
development activities?
Does the city manager ensure the
Rating Comments:
budget is prepared and executed in the
� �1t
manner approved by the city council?
% 4 trh VVJA y
Dees he ensure the city's monies are
l~, 1 "
managed properly?
Additional Comments:
L/
Name of Rater:
UAWWDATANPwf4n once PvalaadonAEC-MA City Manager Pcrformanre Evalualion.dur
Date; -F 7,zi
CITY ATTORNEY PERFORMANCE REVIEW
RATING SHEET
Rate each item from 1(low) to 5 (high) based on your opinion of the City Attorney's performance.
I, LEGAL CONSULTATION
Z!c A. Has legal advice provided by the City Attorney proven to be accurate and technically
correct?
B. Does the City Attorney provide his best and honest recommendation given to all
existing legal Issues and ramifications?
C. Does the City Attorney possess and provide an efficient and effective knowledge of
the City's Municipal Code and Regulations?
D. Does the City Attorney possess and provide an efficient and effective knowledge of
other government regulations and case law regarding municipal government issues
facing the City?
E. Does advice provided by -the City Attorney regularly take into account and balance
the overall goals and objectives of the City?
F. Does the City Attorney regularly provide the scope of expertise necessary to meet the
City's needs on issues that arise, either from within his/her department or other
resources?
G. Does the City Attorney proactively identify potential issues when he/she is aware of
them to avoid problems from occurring?
H. Are alternatives and innovative solutions provided rather than just raising problems?
I, Is the City Attorney able to maintain the City Commission's confidence while
informing them the different legal risks that proposed actions might generate?
11. L GAL REPRESENTATION
A. Does the City Attorney aggressively represent the interest of the City as directed by
the City Commission?
5. Is the City Attorney's approach effective in achieving the best possible legal outcomes
for the City's interest, given the issues that arise?
C. Does the City Attorney represent the City in a professional and ethical manner?
L1 D. Is the City Attorney unpartial and objective in his/her duties and responsibilities?
E. Are the City Attorney's estimates of legal impacts reasonably accurate on a regular
basis?R
Ill. STAFF WORK
A. Does the City Attorney prepare ordinances, resolutions, contracts and other legal
work accurately and consistent with the direction and objectives communicated by the
City Commission, City Manager and/or department directors?
B. -Does the City Attorney maintain good working relationship and serve as an effective
member of the management team?
C. Does the City Attorney accurately identify and address all legal issues within documents
and items that he reviews?
t,
D. Are staff and City Commission advised of key changes in municipal law as pertains to the
City's activities? -
E, Does the City Attorney displays a positive attitude In carrying out his/her responsibilities
and responding to requests?
IV, COST F1199 ACCOUNTABILITY AND CONTROL
A, Are regular legal activities achieved within budgetary goals and limits?
J B. Has the City Attorney been effective in minimizing legal costs by limiting tasks to those
regarding legal issues and utilizing City in-house staff when possible to perform
administrative and other functions?
C. Are standard farms developed and used where possible to minimize preparation of
legal documentation? .
D. Are legal tasks performed with appropriate authorization according to established"
procedures and contract requirements?
E. Do Invoices accurately identify task and expenses in sufficient detail to provide
accountability and cost control?
F. Does the City Attorney display the ability and knowledge to research issues in a
minimum amount of time?
G. Have legal costs been effectively managed and controlled given issues, assignments and
requests made to the City Attorney?
t V. RESPONSIVENESSITIMELi ES5 OF ACTIONS
t A. Are requested legal work and assignments completed in a timely manner within?
1 established time frames?
J B. is the City Attorney accessible when needed to respond to requests for legal
information and assistance?
C. Are legal review and requests for information completed in time to avoid delays to
City projects, programa and other tasks?
D. Does the City Attorney follow,up effectively to requests that are made?
E. Does the City Attorney accurately interpret and clarify City Council and City Manager
direction?
VI. ,COMMUNICATIONS
A. Does the City Attorney communicate effectively with the City Commission, staff and the
community?
B. Are answers provided In a timely and in an understandable manner?
j C. Are timelines forfollDw-up to requests clearly communicated?
D. Does the City Attorney maintain confidentiality with regard to all matters discussed
with the City commission and City Manager and staff?
J E, Does the City Attorney effectively report to the City Commission and City Manager
communications by project attorneys of substantive nature regarding significant
or sensitive matters?
General Comments and Rating Regarding City's Attorneys Performance:
T 0.n V f.,q Ohq&v�, L -V/,4 All-LiAr ) —er4� -
City Manager Evaluation
Please rate the city manager using the following scale:
Rath Descrl tion
1 Unacceptable - Unsatisfactory performance
2 Conditional - Requires Improvement
3 Satisfactory - Meets Council expectations
4 Exceptional - Generally exceeds Councils expectations
g outstanding - Substantially exceeds Council$ expectations
Please return your evaluation form to the Mayor as soon as
Does the City Manager maintain a Rating Comments=
standard of respect for departmcllt
head's ability and encourage their
initiative? Does he Challenge them to
perform at their highest level?
wmawmw
Does the city manager inspire Others to Rating Comments -
succeed? Does he actively promote
efficiency in operations? Does he
demonstrate a high regard for personal
ethics?
Does he understand the laws and Rating Comments:
ordinances of the city and cause themc,� "�
to be fairly enforced?
Does the city manager Work Well with Rating Comments:
citizens and properly handle their
complaints?
Does the city manager properly handle Rating Comments:
his administrative duties?
VAWWI)ATA\Per%nnaUeC Evaluations\tCMA City Manager PeYform2nc,� EwWoLtion,doc 1
Does the city manager work well with Rating Comments.'
developers while protecting th,e city's
interest? Does he work to increase the
city's tax base through economic
development?
Roes the city manager cooperate Rating Comments:
cordially with neighboring
communities and citizens WWI looldmg
after the interests o 4
Does the city rffanager work well with
the city council in making sure there is
adequate information. available prior to
meetings? Is he, willing to meet with
co,ancil members to deal vrith
individual probleins and issues?
Rating I Comments:
s
Does the city manager involve himself- Rating Comments:
in the planning process to the correct
degree? Does he review the process
and look for better Ways to handle
development activities?
Does the city manager ensure the
budget is prepared and executed in the
manner approved by the city council?
Does he ensure the pity's monies are
managed properly?
Additional Commehts:
Name of Rater:
Rating Comments:
LI r PO�
U;\WNDAT,k\Pedom=Oe $ValoatlonaMCMA City Mastager Pcrfomance SValuation.doc
Date:
W nn, Kimber)
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, November 12, 2015 2:54 PM
Tot Petrolia, Shelly
Subject: Re: 2015-2016 City Budget on the Website-- Another Breakdown in Basic "Blocking and
Tackling"-- Marina Operations
Commissioner Petrolia:
Excellent email! Thank you very much. I await the Marina Fund Worksheet file.
From. "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Cooper, Donald" <cooperd@mydelraybeach.com>
Cc: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, November 12, 2015 11:01 AM
Subject: RE. 2015-2016 City Budget on the Website-- Another Breakdown in Basic "Blocking and Tackling"—
Marina
Operations
Good Morning Mr. Cooper,
I took the opportunity to check into some of Mr. MacNamee's concerns and agree his requests are necessary.
First, all information posted by this City should be made readable upon opening. The reader should not have to figure out
how to change an online document from landscape to portrait. Please have IT change the Annual Budget Documents to a
readable landscape format upon opening instead of having the reader try to figure out how to change the document
format.
Second, in delving a little deeper into the Marina Budget, there is a huge discrepancy from FY 13-14 to 14-15. If there
were worksheets to explain this anomaly, I do not believe Mr. MacNamee would have cause to inquire about the
explanation as would be found in a "worksheet." irPlease have the Fiiof the budget are not nance Dept.er 3ust add allworksheets udget numbers.
theThere
Budget o
explanation
Documents.
Finally, we are still advertising a "Proposed Budget" when the budget has been med. This issue change the Budget needs to be made
and if I recall during one of our budget hearings, Commissioner Katz brought up the
nclude
a Table of Contents page as is also suggested by Mr. MacNamee. This needs to be added to make it easier on the reader
to located items of interest quickly.
Thank You,
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, FL 33444
Petrolia mydeiraVbeach.com
Phone: (561) 2.43-7010
Note to Mayor &Commissioners. This message is for your information only. To comply with the Sunshine Law, please do not
reply to this message.
road
c records
w. Most written
ions to or
rom
ocal
PUBLIC RECORDS NOTE: l public has
city business are publicreco ds available to he public and mediafuponl request. Your
employees, or the general p g
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing city business should
be directed to either: all Cit Commissioners or on[ 1 Cit Commissioner at a time and should not include riot res onses from
the other Commissioners in order to avoid the perception that a third party is acting as a liaison between Commissioners.
From: Kenneth MacNamee [kjmacnamee@yahoo.com]
Sent: Tuesday, November 10, 2015 12:58 PM
To: Commissioners, Mayor; Cooper, Donald
Cc: Warner, Jack; Gottesman Marisa; randy@bocamag.com; mbuczyner@cbsl2.com; PBC Inspector Inspector; Vince
Dole; Charlie Keegan
Subject: 2015-2016 City Budget on the Website-- Another Breakdown in Basic `Blocking and Tackling"-- Marina
Operations
Commissioners and CM Cooper:
After hearing the Commission was unable to set Marina Dockage rental rates at its last meeting, I went to the City's
website to look at the Marina's Budget. Please also do so at the ,"Annual Budget Documents.." tab so that you can
easily observe the following shortcomings:
1)- the website lists the Budget reports as "Worksheets". Fantastic I thought because the "Worksheet" file has the
explanation and calculations for specific budget line items. The Worksheet file should be on the website but never
has been. I highly doubt the Commissioners access it to perform your Budget review. Accordingly, your flying at
35,000 feet in your Budget review process.
2)- Alas, it was not the Worksheet files but merely he Budget book you received in August with just operating line
item dollar amounts.
3) -There still is no "TalladContents" so a reader must continue to ocrO{oel down to pages 79-181 to find theplay
Marina Budget ch' to find the Budget for a
specific City function. !
4)- The file is flipped on its side so it is difficult to read. The information is in landscape format but they are displayed
in portrait format so one has to cock one's head left. I was unable to locate an icon which would rotate the screen
clockwise so that is was readable.
Recently, I wrote that I have seen few improvements in basic operations since CM Cooper came on board 10
months ago. The above is a classic example of a breakdown in basic "blocking and tackling" that the City has not
corrected.
The new IT Director supposedly told the Commission it needs to spend $10M in hardware and software upgrades. A
Table of Contents and page layout is not a computer problem but rather an "employee performance" shortcoming.
For over 20 years, 1 was a chief operating officer at two companies with 950 and 150 employees, respectively. I
learned early that you solveproblems
thaln not, t was NOT a hardware or oftway throwing money at tm. One lretdefiociedinvestncy but'ra heran find the
pr
source of the problem. Farr more
employee performance shortcoming which was readily fixable.
My first four years were as an auditor in public accounting. I worked on 20-25 different companies. I noticed that top
performing companies normally had 'hands on', lead by example managers. Substandard performing companies
usually had sermonizing 'suits' who tried to manage by dictate. Successful managers "rolled up their sleeves" and
continually fixed problems. It was an invaluable learning experience that shaped my management career.
A
Would someone please send me the 2015-2016 "Worksheet" file so that I can see the depth of the budget work
performed for the Marina operations (Fund 426)? Thank youl
My cursory review of the Marina Budget shows:
1) -"Marina Dockage Fees", gll 81-00 were $239,229 in fye 9130114 and only $213,000 in FYE 2015 and 2016-- an
11 % decrease. Hopefully, the Worksheet file will explain that anomaly.
2)-G/L 42-00 "Marina", a revenue account was $350,270 in 2015 but -0- in 2013, 2014, and 2016. Again, one needs
the Worksheet file!
3) -the City Gen. Fund charges
the
looks like the Genl. Fund iIs that
s "raiding reserves" similar to that done with the
anywhere close to a market
sanitation Fund!
In closing, did l hear correctly that the City hasn't raised Marina rental rates since 2009? If so, who has been the
accountable City supervisor(s)?
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Tuesday, November 10, 2015 2:16 PM
To: Nubin, Chevelle
Cc: Glickstein, Cary
Subject: Re: PRR-- Scathing Emails to the Mayor (and "open" second part of prior PRR)
Ms, Nubin:
iskette is also
ting whether
Yes, I have the Glickstein diskette and realer than Ou 10 k. I can't believe eon tlavailable.
e Cary rece ved morthan a�few's at ing'
the emails can be sent in another format of
emails.
entertain a revised County proposal as the responsible thing to do. I
I am on record defending Cary's interest to
have already done so with former Mayors.
When someone (normally Commissioner or Staff) inaopiniove fails
the Mayoens and taxpayers, I often take them to
task. Here, I am prepared to do so with whoever may
y
Again, thanks for the written update below. Gassy on your part!
From: "Nubin, Chevelle" <Nubin@rnydelraybeach .com>
To: 'Kenneth MacNamee' <kjmacnamee@yahoo.com>
Sent: Tuesday, November 10, 2015 1:48 PM
Subject: RE: PRR-- Scathing Emails to the Mayor (and "open" second part of prior PRR)
Mr. MacNamee,
ch we can
I received your voicemail. I am checking to see if there is anoer email lrm in sent yesterday regarding your
the
emails. Also, I wanted to make sure you received the below
other request.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1St Avenue
Delray Beach, Florida 33444
561-243-7051
nubin(c�mVdelraybeach.com
PUBLIC RECORDS NOTE; Florida ha�'alseembroad employees, olic records law. r the general public regarding city
st written
communications to or from local off p
Business are public records available to the public
d meds r upon request. Your e-mail
communications may therefore be subject to public
From: Nubin, Chevelle
Sent: Monday, November 09, 2015 2:15 PM
To: 'Kenneth MacNamee'
Subject: RE: PRR-- Scathing Emails to the Mayor (and "open" second part of prior PRR)
Mr. MacNamee,
Your first request regarding Fire Rescue emails is ready for pickup.
Cheveile D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
PUBLIC RECORDS NOTE: Florida has a ery broad empioyees� olic records law. Most r the general public regarding city
en
communications to or from focal officials
business are public records available to the public and media upon request. Your email
communications may therefore be subject to public disclosure.
.......
From: Kenneth MacNamee mailto:Kmacnamee ahoo.com
Sent: Monday, November 09, 2015 9:17 AM
To: Nubin, Chevelle
ld; Warner, Jack; Connor, Danielle
Cc: Commissioners, Mayor; Cooper, Dona
Subject: Re: PRR-- Scathing Emails to the Mayor (and "open" second part of prior PRR)
Ms. Nubin:
Thanks for the update. I will stop by this morning to pick up the Mayor's emails.
Three City staffers (Cooper, Warner, and Connor) should be able to
Faulting IT seems to be a cop out to me.
rovide their emails.
p escue
elray
I trust you recall the "Gulf Stream FireeI Rita Taylor provided meRR debacle" a fw h 36 emailsew years ago. llt took Delray 1T 7 weeks sent the same request toQ a cost of
and Gulf Stream. In 8 days and far $ y ave them the search clue "Harden and Thrasher". 1
$100+ and they still couldn't deliver all the emails even though I g
still have the correspondence and work product if any Commissioner or CM Cooper wants to re -visit the City's
failures/ineptitude.
Mr. Cooper, PRR is an elementary City function with which it struggles. l deal with several other Florida
governmental bodies which deliver far for some noteworthy operatio er sery al Fire/Rescueice like the County has here. You now have 0
a cements. I'm not seeing much
months on the job and I'm still looking
difference or improvement from Harden, Chapman, and Stewart.
From: "Nubin, Chevelle" <NubinCa�mvdelraybeach.com>
To: 'Kenneth MacNamee' <kimacnamee ahoo.com>
Sent: Monday, November 9, 2015 8:53 AM
Subject: RE: PRR-- Scathing Emails to the Mayor (and "open" second park of prior PRR)
Mr. MacNamee,
Our Information Technology department has been working with Dell regarding our email we
searches. We seem to have a problem exporting wanted
to beve Manager for certain searches ab e to give you both of your requests
the
at
are still working with Deli to get this resolved.
the same time. The CD of the Mayor's emails that you requested is ready for pickup. I will keep you
posted on your first request regarding the emails with the County.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delra beach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
From: Kenneth MacNamee Imailto:kimacnamee ahoo.com
Sent: Sunday, November 08, 2015 7:40 AM
To: Nubin, Chevelle; Commissioners, Mayor
Cc: Gottesman Marisa; rand bocama .com; mbucz ner cbsl2.com; P8C Inspector inspector
Subject: FW: PRR-- Scathing Emails to the Mayor (and "open" second part of prior PRR)
Ms. Nubin and City Commissioners:
3 days to get the "scathing emails" sent to the Mayor? Were there so many that it is causing the delay in answering
my PRR?
Probably even worse yet is the delay ingetting the sent City's similar to the County ons about the
Monday morning 1112 and they
Here is a newsflash for the Commissioners!
n the
had it ready x 1 tedP.M. h re as heavy City involvement even though he Commission diWednesday, 52 hours later. Their hard copy file is over 1 inch rected CM Cooper n May
few emails expected. There Y
to just get a proposal from the County and have limited City involvement. Hmmnl.
I'm still awaiting more emails from the County seems like a lot n here behind t e scenes with extensive ere are obviously some missin. I don't have City staff s
emails initiating the revised Proposal I
involvement. It looks like to me there was some "deception" at the 1113115 Commission Meeting in CM Cooper's
comments to you.
--- Forwarded Message -----
From: Kenneth MacNamee <kimacnamee Vahoo.com>
To: Chevelle Nubin <nubin?mydelraybeach.com>
Cc: Mayor Commissioners <commissioners maj or ci.delra -beach.fl.us>; Donald Cooper
<cooperdp,mydelraybeach.com>; Gottesman Marisa <maottesmanEm? !-sentinel,com>; "randy(cr�bocama_cLcom"
<rand bocama .com>; "mbucz ner cbs12.com" <mbucz ner cbs12.com>; Charlie Keegan
<charlie.kee Lan@w tv.com>; PBC Inspector Inspector <ins ector be ov.or >; Vince Dole < elod3 �ahoo.com>
Sent: Wednesday, November ,4, 2015 8:51 AM
Subject: Fw PRR-- Scathing Emails to the Mayor (and "open" second part of prior PRR)
Ms. Nubin:
Please email me the "scathing" emails the Mayor stated at iast nights' Commission meeting that he has received .
Did I hear the CM correctly that the only document he has received re the County's Fire/Rescue proposal is the one
pager with 4 dollar amounts?
Attached below are the 28 page proposal and the 10 page addendum re pension handling which you promptly
emailed to me on Friday morning so that the CM can get up to speed.
I still await the second part of my 10129 PRR below re the City's other communications with the County re the recent
Fire/Rescue proposal. I would think that would be quite limited because at the
516/15should be calming f mssion meeting
the Co endmy a
item 12-A-4), the commission responded to the C's inqury that any prop
and there should be limited to no involvement by City
How that will tie in with the County's assertion in Sec. 31 in the second file below of "Joint Preparation" (i.e., "the
joint effort of the parties) should be an interesting read and hopefully clear up the intrigue and mystery surrounding
this controversial matter.
--- Forwarded Message
From: "Nubin, Chevelle" <Nubin m delta beach.com>
To: Kenneth Mac Namee.. <kimacnamee ahoo.com>
Senf`. Friday, October 30, 2015.9'.47AM
Subject: RP: PRR-- County Fire/Rescue Communications
Mr. MacNamee,
Please see attached the documents pertaining to #1 of your Public Records Request.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
900 NW 1st Avenue
Delray Beach, Florida 33444
561-243-7051
nubin m delta beach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city business are
public records available to the public and media upon request. Your e-mail communications may
therefore be subject to public disclosure.
-----Original Message ------
From: Nubin, Chevelle
Sent: Thursday, October 29, 2015 2:08 PM
To: Kenneth MacNamee
Subject: RE: PRR-- County Fire/Rescue Communications
Mr, MacNamee,
I am in receipt of your public records request.
From: 'm
Kenneth MacNamee [kacnamee ahoo.comj
Sent: Thursday, October 29, 2.0.1.5-24:04: PM
To: Nubin, Chevelle
Cc: Commissioners, Mayor; Cooper, Donald; Connor, Danielle; Pfeffer, Noel; Warner, Jack
Subject: PRR-- County Fire/Rescue Communications
Ms. Nubin;
Please email me the following re the 6 months of negotiations between the County and the City re a
proposal from the county to assume the city's Fire/Rescue services;
1)- the proposal or proposals received to date from the County
fixed asset records,;etc.) between
Varner, Pfeffer, et al) and: County
I realize it may take time to gather #2. In the meantime, 1 would greatly appreciate it if you would send
#1 promptly.
Thank you!
Wynn, Kimber)
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, November 19, 2015 9:26 AM
To: Glickstein, Cary; Commissioners, Mayor; Nubin, Chevelle
Cc. Cooper, Donald; Gottesman Marisa; randy@bocamag.com; mbuczyner@cbsl2.com;
Charlie Keegan; PBC Inspector Inspector; vince dole; Giovani Mesa; Jonathan. R. Oboyle
Subject: Fw: PRR--County Fire/Rescue Consolidation "Caustic" Emails-- Where Are They Mayor
Glickstein?-- THIRD Request
Attachments: CausticEmails.pdf
Mayor Glickstein (and Ms. Nubin):
Below is an unanswered PRR that relates directly to you. Please read the yellow highlighted sections below.
I asked for "caustic" emails and received 40 emails which in my opinion were anything but caustic. Again, I am
asking for the emails you alone considered "caustic" and the "politically motivated" email sent prior to 10/25 to which
you referred.
Considering staffs struggles to comply with its PRR obligations, this is a good opportunity for you to lead by
example.
Again, thank you for your anticipated cooperation!
P.S.-- I am growing weary of making multiple requests for PRRs and then getting half-baked and incomplete
responses. Accordingly, I am ccing my attorneys who specialize in PRR iaw. Where are my elected officials in
rectifying this basic administration problem?
-- Forwarded Message -----
From: Kenneth MacNamee <kmacnamee ahoo.com>
To: Mayor Commissioners <commissioners ma or ci.delra-beach.fl.us>
Cc: Jr. Thomas F. Carney <tfc carne stanton.com>; "dharden3 netzero.net' <dharden3@netzero.net>; Donald
Cooper <cooperdCa?mvdelra beach.com>; Chevelle Nubin <nubin mvdelraybeach.com>; Gottesman Marisa
<maottesmanC�Sun-sentinel.com>; "rand bocama .cam" <rand bocama
-q-P>; "mbuczyner(c�cbs12,com"
<mbucz ner cbs12.com>; Charlie Keegan <charlie.kee an w tv.com>; PBC Inspector inspector
<ins ector be ov.or >; Vince Dole < elod3 ahoo.com>
Sent: Sunday, November 15, 2015 8:49 AM
Subject: PRR--County Fire/Rescue Consolidation "Caustic" Finails-- Where Are They Mayor Glickstein?
Mayor Glickstein:
caustic" as "stingingly incisive". You stated at the 1:17 mark of the
Webster's dictionary defines the word "
1113115 Commission meeting that you received "caustic emails" concerning the County's proposal to take over
Delray's Fire/Rescue operations.
tic are. -sync
l submitted a PRR to see the "scathing" ema.City staff
ilsa(My 90 en vuhicg was anlythingng tl {osecausto ` st ng nglyyncisive". Tom
gave me 86 pages. I didn't see any email from y
Carney's, "We have been misled. Our Fire Dept. is still at risk", widely disseminated email may have contained
some factual misrepresentations but neither Mr. Carney's content nor tone seems to come anywhere close to being
"stingingly incisive".
Virtually all 40 emails were emotional pleas not to go to County. Former CM Harden was the exception performing a
mathematical analysis proving that going to County ".. makes no economic sense whatsoever.". He concludes his
10/31/15 email asking, "Has no one done these calculations?". His email certainly wasn't caustic but rather quite
thought provoking. Maybe Mr. Harden was taking a jab at current CM Cooper for not performing the basic
mathematical analysis which would have quashed the County proposal several months ago.
The closest email that I saw in the 86 pages to being caustic was yours Mayor Glickstein, attacking Mr. Carney,
dated 1112/15 to Jane Smith (Coastal Star Reporter). You cite Mr. Carney's felony arrest and his personal
relationships to others with criminal records. You conclude with, "If the public understood the true motivations
R
behind the anonymous robocalis and Mr. Carney's email attempt to scare and misinform residents. One starts to
smell a rat.".
Attached below is your email re Carney and his 1112115 email. Let's let the public decide who if anyone wrote a
"caustic email".
10
Wynn, Kimberly
From:
Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Thursday, November 19, 2015 5:46 PM
To: Katz, Mitchell
Cc: Cooper, Donald; Warner, Jack; Petrolia, Shelly
Subject: Pw: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
Commissioner Katz:
the
indented
You are far more tech savvy than me. I waa Table of Cons unable to Pe
t n s Are you the able to s and sresults the
equivalent o? How long t t take you?
paragraph to get an alleged
is asking a user to download for 10 minutes acceptable public service in t without T of C?d of a written able of Contents like is
available in the prior year Budget? How did you surf the Budget in Aug
As far the Marina "Worksheet' hrdbudget fiBud et book. I think they are OnePlease
and the acompare
me. A Worksheet" file has the
access in blue below to your hard copy g
explanation and calculations how selected 2016 budget line items were computed. i can't find that anywhere,
if you can find it, please email me the Marina Fund (426) Worksheet file or instruct me how to find it.
-- Forwarded Message -----
From: "Warner, Jack' <warner@mydelraybeach.corn >
To -'Kenneth MacNamee' <kjmacnamee@yahoo.com>; "Nubin, Chevelie" <Nubin@mydelraybeach.com>
Cc: "Cooper, Donald" <cooperd@mydelraybeach.com>; "Commissioners, Mayor"
<Commissioners—Mayor@mydelraybeach.com>
Sent: Thursday, November 19, 2015 3:59 PM
Subject: RE: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
This instruction was posted on the budget webpage the day of the initial request from Cmr.
Petrolia. It addresses the table of contents and rotation issues.
This document is bookmarked by division for your conveniene. To view the bookmarks, ds This will take a p proximately 10 mindutes with
the full
document from this website into the full 315 page p
f format
high speed access.) From the top menu, select View, Show/Hide, Navigation Pane, Bookmarks. n any aThis
e, should
o the selected section,
display a table hof ave the view between landnks that scape and portrait, take you tse select View, Rotate View and then page,
you desire to change
or Counterclockwise as appropriate.
The budget worksheets were posted on the same day. (See
htt :llm delra beach.comlfinancelbud et/annual-bud et -documents -and -bud et -amendments).
Jack Warner, Chief Financial Officer
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
(561) 243 — 7117
warner@mydelraybeach.com
11
From: Kenneth MacNamee [mailto:kjmacnamee@yahoo.com]
Sent: Thursday, November 19, 2015 1:13 PM
To: Nubin, Chevelle
Cc: Cooper, Donald; Warner, Jack; Commissioners, Mayor
Subject: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
Ms. Nubin:
I guess one must formally state "PRR" in the Subject line to get a response. My yellow highlighted
paragraph below apparently fell on deaf ears.
went back just to the City's website to see if any of the 4 shortcomings I noted below in Blue below had
been corrected. Sadly, no change other than I was able to rotate clockwise today.
sheet
le. It would
inly be
al if
So, 1 stillfiles we eaon the�City's2website 015-16 andgthe Tabet ile of Contentswerewee available onthe1151l
16 Budget
Workshe
Document that is on the prior year's Budget Document.
--- Forwarded Message -----
From: Kenneth MacNamee <kimacnamee@ ahoo.com>
To: Mayor Commissioners <commissioners ma or ci.delra-beach.fl.us>; Donald Cooper
<cooperd(c�x mydelraybeach.cam>
Cc: Jack Warner <warnerO-Mydelraybeach.com>; Gottesman Marisa ,attembuczyner(c7cbman s12lcom>, PBC
"rand bocama .com" <randyP_bocamac�.com>; 'mbucz ner cbsl2com
Inspector Inspector <inspector(c-pbcgov.or >; Vince Dole < elod3 ahoo.com>; Charlie Keegan
<charlie keegan@.APtv.com>
Sent: Tuesday, November 10, 2015 12:58 PM
Subject: 2015-2016 City Budget on the Website-- Another Breakdown in Basic "Blocking and Tackling"--
Marina
Operations
Commissioners and CM Cooper:
After hearing the Commission was unable to set Marina Dockage rental rates at its last meeting, l went to
the City's website to look at the Marina's Budget. Please also so at the ,"Annual Budget Documents..."
tab so that you can easily observe the following RHO#cs)
1)- the website lists the Budget reports as "Worksheets". Fantastic 1 thought because the "Worksheet" file
has the explanation and calculations for specific budget line items. The Worksheet file should be on the
website but never has been. I highly doubt the Commissioners access it to perform your Budget review.
Accordingly, your flying at 35,000 feet in your Budget review process.
2)- Alas, it was not the Worksheet files but merely the Budget book you received in August with just
operating line item dollar amounts.
3)- There still is no "Table of Contents" so a reader must continue to play "hunt and fetch' to find the Budget
for a specific City function. I had to scroll down to pages 179-181 to find the Marina Budget.
12
4)- The file is flipped on its side so it is difficult to read. The information is in landscape format but they are
displayed in portrait format so one has to cock one's head left. I was unable to locate an icon which would
rotate the screen clockwise so that is was readable.
Recently, I wrote that 1 have seen few improvements in basic operations since CM Cooper came on board
10 months ago. The above is a classic example of a breakdown in basic "blocking and tackling" that the City
has not corrected.
The new IT Director supposedly told the Commission it needs to spend $10M in hardware and software
upgrades. A Table of Contents and page layout is not a computer problem but rather an "employee
performance" shortcoming.
For over 20 years, l was a chief operating officer at two companies with 950 and 150 employees,
respectively. I learned early on that you don't solve problems by throwing money at them. One first should
investigate and find the source of the problem. Far more often than not, it was NOT a hardware or software
deficiency but rather an employee performance shortcoming which was readily fixable.
My first four years were as an auditor in public accounting. l worked on 20-25 different companies. I noticed
that top performing companies normally had 'hands on', lead by example managers. Substandard
performing companies usually had sermonizing 'suits' who tried to manage by dictate. Successful managers
"rolled up their sleeves" and continually fixed problems. It was an invaluable learning experience that
shaped my management career.
Would someone please send me the 2015-2016 "Worksheet" file so that I can see the depth of the budget
work performed for the Marina operations (Fund 426)? Thank you!
My cursory review of the Marina Budget shows:
1) -"Marina Dockage Fees", g/l 81-00 were $239,229 in fye 9130114 and only $213,000 in FYE 2015 and
2016-- an 11 % decrease. Hopefully, the Worksheet file will explain that anomaly.
2)-GIL 42-00 "Marina", a revenue account was $350,270 in 2015 but -0- in 2013, 2014, and 2016. Again,
one needs the Worksheet file!
3) -the City Gen. Fund charges the Marina $52,970 (g/I 91-01)-- an effective 25% Management Fee expense!
Is that anywhere close to a market rate? It looks like the Gen. Fund is "raiding reserves" similar to that done
with the Sanitation Fund!
In closing, did I hear correctly that the City hasn't raised Marina rental rates since 2009? If so, who has been
the accountable City supervisor(s)?
13
Wynn, Kimber!
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Friday, November 20, 2015 7:11 AM
To: Katz, Mitchell
Subject: Fw: Auburn Trace Public Records-- Ms. Hinners' Letter to the Commission
Commissioner Katz:
I thought it would s more in June. I Snow Ithe I ntter eedfrom the source since you to forward me Mss Hinners's letter to the Commission.
he previously unsolicitediy sent me
the Auburn appraisal back m Jun guess
Thanks!
P.S. Please don't put me through another PRR ordeal!
-- Forwarded Message -----
From: "jessicahlnners@aol.com" <jessicaha`ners@aol.ccm>
To: Kenneth MacNamee <kjmacnamee@y
Sent: Thursday, November 19, 2015 8:46 PM
Subject. Re: Auburn Trace Public Records
Here is an idea. Go fuck yourself. Our attorneys look forward to meeting you.
Sincerely,
Jessica Hinners
Sent from my Phone
Have a great night!
On Nov 19, 2015, at 7:07 PM, Kenneth MacNamee <k'macnamee ahoo.com> wrote:
Please email me the letter you sent to the Commission re CA Pfeffer's announcement that auburn
Trace is under an A of S. Thanks!
From: Jessica Hinners <'essicahinners aol.com>
To: "kimacnamee ahoo,com" <k'macnamee ahoo.com>
Sent: Monday, June 1, 2015 12:58 PM
Subject: Fwd: Auburn Trace Public Records
Mr. MacNamee-
1 am so sorry we have yet to meet one another since you have such an unnatural
fixation on my family. l heard you were looking for the Auburn Trace appraisal. From
one former banker to another I thought you might find this interesting. No risk here,
right? Let me know if you ever have any questions about affordable housing.
Have a great day.
14
Sincerely,
Jessica Hinners
Is
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.cam>
Sent: Saturday, November 21, 2015 7:11 AM
To: Katz, Mitchell
Cc: Cooper, Donald; Warner, Jack; Glickstein, Cary; Jarjura, Jordana; Petrolia, Shelly; Jacquet,
Al; Giovani Mesa; Jonathan, R. Oboyie; Nubin, Chevelle
Subject: Re: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
CM Cooper:
The ball is in your court. l still don't have the 2015-2016 Budget "Worksheet" file for the Marina Fund as requested in
my PRR. Just email me the file and not another 'fetch and find' time wasting reply as Commissioner Katz confirmed
in yellow highlight below.
I have copied my attorneys because I am growing suspicious of the travails i have been enduring with the City to get
some PRRs
satisfied.
From: "Katz, Mitchell" <katz@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Cc: "Cooper, Donald" <cooperd@mydelraybeach.com>; "Warner, Jack" <warner@mydelraybeach.com>
Sent: Friday, November 20, 2015 3:28 PM
Subject: RE: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
Mr Macnamee
It only took me a minute to download and open in Adobe then click on the appropriate tool to get to the'book marks'. To
call that a table of contents in my opinion is irresponsible, as it is a bookmark not a table of contents. My second grader
can tell you that is not a table of contents. A table of contents is simply a document at the beginning of a document that
lists the chapters or sections and the corresponding page. This was not done for this years budget and still has not been
done. The tabs that were created are very helpful.. IF.. that is the big word IF. You have the technical savvy to use the
tabs. Most don't. In addition many nowadays like documents in a tablet., Most tablets wont allow you to rotate the font
but at least the tablet is easier to turnaround than a monitor.
As far as worksheets I dont`see any.I see `a.budget named worksheet, but:I dont see any worksheets..
I wish I could give you an answer to help with your frustration, but I just dont have one.
We simply are not a customer service focused organization at this time but I hope to see improvements in the very near
future.
Sincerely yours,
Mitch Katz
City Commissioner
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 3344
16
katz@MyDelrayBeach.com
PHONE: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply with the Sunshine Law, please do
not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local
officials, employees, or the general public regarding city business are public records available to the public and media
upon request. Your e-mail communications may therefore be subject to public disclosure.
From: Kenneth MacNamee [kjmacnamee@yahoo.comj
Sent: Thursday, November 19, 2015 5:46 PM
To: Katz, Mitchell
Cc: Cooper, Donald; Warner, Jack; Petrolia, Shelly
Subject: Fw: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
Commissioner Katz:
You are far more tech savvy than me. 1 was unable to perform the steps and get the results in the indented
paragraph to get an alleged equivalent to a Table of Contents. Are you able to so? How long did it take you?
Is asking a user to download for 10 minutes acceptable public service instead of a written Table of Contents like is
available in the prior year Budget? How did you surf the Budget in August without a T of C?
if you can find it, please email me the Marina Fund (426) Worksheet file or instructne how fio findit
---- Forwarded Message -----
From: "Warner, Jack" <wamer@mydelraybeach.com>
To: 'Kenneth MacNamee' <kjmacnamee@yahoo.com>; "Nubin, Chevelie" <Nubin@mydelraybeach.cam>
Cc: "Cooper, Donald" <cooperd@mydelraybeach.com>; "Commissioners, Mayor"
<Commissioners_Mayor@mydelraybeach.com>
Sent: Thursday, November 19, 2015 3:59 PM
Subject: RE: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
This instruction was posted on the budget webpage the day of the initial request from Cmr.
Petrolia. It addresses the table of contents and rotation issues.
This document is bookmarked by division for your convenience. To view the bookmarks, download the full
document from this website into the full 315 page pdf format. (This will take approximately 10 minutes with
high speed access.) From the top menu, select View, Show/Hide, Navigation Pane, Bookmarks. This will
display a table of change the
view bnts in tetween landnks that scape and portrait, take you select View, Rotate Viewo the selected section. wn any and then gClockwil e
you desire to change t
or Counterclockwise as appropriate.
17
The budget worksheets were posted on the same day. (See
htt :Ilm delta beach.comlfinancelbud etlannual-bud et -documents -and -bud et -amendments).
Jack Warner, Chief Financial Officer
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
(561) 243 — 7117
warner@mydelraybeach.com
From: Kenneth MacNamee [mailto:kjmacnamee@yahoo.coml
Sent: Thursday, November 19, 2015 1:13 PM
To: Nubin, Chevelle
Cc: Cooper, Donald; Warner, Jack; Commissioners, Mayor
Subject: PRR-- Marina Operations (fund 426) 2015-16 Budget "Worksheet" file
Ms. Nubin:
I guess one must formally state "PRR" in the Subject line to get a response. My yellow highlighted
paragraph below apparently fell on deaf ears.
1 went back just Sadl City's
changelother than Iwas able toshortcomings
rotate clockwise t dayefaw in Blue below had
been correct y. n
So, I still await the Marina District 2015-16 Budget Worksheet file. it would certainly be beneficial if all
Worksheet files were on the City's website and the Table of Contents were available on the 15-16 Budget
Document that is on the prior year's Budget Document.
-- Forwarded Message
From: Kenneth MacNamee <k'macnamee ahoo.ccm>
To: Mayor Commissioners <commissioners mayor@ci.delray-beach.fl.us>; Donald Cooper
<coo erd m delta beach.com>
Cc: Jack Warner <wamergmydelraybeach.com>; Gottesman Marisa <m atte bucz net scbsl2� om>; PBC
"rand bocama .com" <randy cc bocamag.com>; 'mbucz net cbsl2.com
Inspector Inspector <ins ector beov.or >; Vince Dole < elod3 ahoo.com>; Charlie Keegan
<charlie.kee an w tv.com>
Sent: Tuesday, November 10, 2015 12:58 PM
ite-- Another Breakdown in Basic "Blocking and Tackling" - -Marina
Subject: 2015-2016 City Budget on the Webs
Operations
Commissioners and CM Cooper:
After hearing the Commission was unable to set Marina Dockage rental rates at its last meeting, l went to
the City's website to look at the Marina's Budget Please also do so at the ,"Annual Budget Documents..."
tab so that you can easily observe the following porfiormg
tastic I thought because the
1)- the explanationsts the Budget and calculationorts s foras "Worksheets". specific budget lineritems. The Worksheet file should be on the
has the explanation
is
website but never has been. I highly doubt the Commissioners access it to perform your Budget review.
Accordingly, your flying at 35,000 feet in your Budget review process.
2)- Alas, it was not the Worksheet files but merely the Budget book you received in August with just
operating line item dollar amounts.
3)- There still is no "Table of Contents" so a reader must continue to play "hunt and fetch' to find the Budget
for a specific City function. I had to scroll down to pages 179.181 to find the Marina Budget.
4)- The file is flipped on its side so it is difficult to read. The information is in landscape format but they are
displayed in portrait format so one has to cock one's head left. I was unable to locate an icon which would
rotate the screen clockwise so that is was readable.
Recently, I wrote that I have seen few improvements in basic operations since CM Cooper came on board
10 months ago. The above is a classic example of a breakdown in basic "blocking and tackling" that the City
has not corrected.
The new 1T Director supposedly told the Commission it needs to spend $10M in hardware and software
upgrades. A Table of Contents and page layout is not a computer problem but rather an "employee
performance" shortcoming.
For over 20 years, I was a chief operating officer at two companies with 950 and 150 employees,
respectively. I learned early on that you don't solve problems by throwing money at them. One first should
investigate and find the source of the problem. Far more often than not, it was NOT a hardware or software
deficiency but rather an employee performance shortcoming which was readily fixable.
My first four years were as an auditor in public accounting. I worked on 20-25 different companies. I noticed
that top performing companies normally had 'hands on', lead by example managers. Substandard
performing companies usually had sermonizing 'suits' who tried to manage by dictate. Successful managers
"rolled up their sleeves" and continually fixed problems. It was an invaluable learning experience that
shaped my management career.
Would someone please send me the 2015-2016 "Worksheet" file so that I can see the depth of the budget
work performed for the Marina operations (Fund 426)? Thank you!
My cursory review of the Marina Budget shows:
1) -"Marina Dockage Fees", gll 81-00 were $239,229 in fye 9130114 and only $213,000 in FYE 2015 and
2016-- an 11 % decrease. Hopefully, the Worksheet file will explain that anomaly.
2)-GIL 42-00 "Marina", a revenue account was $350,270 in 2015 but -0- in 2013, 2014, and 2016. Again,
one needs the Worksheet file!
3) -the City Gen. Fund charges the Marina $52,970 (gll 91-01)-- an effective 25% Management Fee expense!
Is that anywhere close to a market rate? It looks like the Gen. Fund is "raiding reserves" similar to that done
with the Sanitation Fund!
in closing, did I hear correctly that the City hasn't raised Marina rental rates since 2009? if so, who has been
the accountable City supervisor(s)?
19
20
Wynn, Kimber)
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, November 23, 2015 3:20 PM
To: EFMCDONALD@aol.com
Cc: Jarjura, Jordana
Subject: Re; Fwd: 11/20/15 SS Article Pg 18-- "Delray May Make $11M...
Ned,
Thanks for sharing with me. Please notice how Commissioner Jarjura (JJ) never addressed the 2 significant
financial disclosures I highlighted in yellow in my 11120115. She ducks them because her hand picked CA Pfeffer
botched both of them.
I have put in red type rebuttals to her statements to you below. "Spin City' is the best way to describe her response.
Auburn was worth big dollars even in its continuing deteriorating condition. M&M never marketed the property. It just
went to one of its previous buyers and sold it. I wonder what sale price it may have garnered if it was exposed to the
apartment buying public. In layman's vernacular, M&M had a "pocket listing" and never exposed the property on the
"MLS" (i.e., M&M`s website).
JJ is correct. The outcome as I stated should be successful for the City. But, not because of some great legal work.
From: "EFMCDONALD@aol.com" <EFMCDONALD@aol.com>
To: kjmacnamee@yahoo.com
Sent, Monday, November 23, 2015 11:01 AM
Subject: Fwd: 11/20/15 SS Article Pg 13-- "Delray May Make $11 M..."
fyi
From: jarjura@mydelraybeach.com
To: EFMCDONALD@aol.com, pfeffer@mydelraybeach.com, warner@mydelray beach .com,
cooperd@mydelraybeach.com
Sent: 11/23/2015 10:59:41 A,M. Eastern Standard Time
Subj: RE: 11/20/15 SS Article Pg 1 B-- "Delray May Make $11 M..."
I understandably see how the information on this issue could easily be confused especially for someone from the
outside that appears to put significant trust in others to communicate City issues because CA Pfeffer failed to
heed the Mayor's directive and provide monthly updates to the Public so that it could better understand the
complexities of "bankruptcies"L Unfortunately, it's easy to skew points of view in complex matters of law and fact
especially when much of the discussion on this issue was done in closed door shade meetings pursuant to
law. The transcripts from these meetings will be made public once the litigation is closed and l am hopeful that
all the allegations and questions will be decisively answered from the court filings, the transcripts and
21
importantly, the results.
You might recall my very first Commission meeting in April 2014 where I led the discussion and moved for a
motion to rescind on prior commission action re a loan restructure on the Auburn Trace property. JJ's finest hour
as a Commissioner! Subsequent to that action, the City acquired the mortgage for this neglected property it did
not own or control, property that was subject to a pending foreclosure action and a petition for bankruptcy. The
City assumed the litigation risk with an uncertain outcome, deteriorating property conditions, interest rate and
market risk with respect to their impact on real estate values. i think describing the transaction as aggressive and
risky is a fair characterization. "Aggressive and risky"? This continued position of JJ demonstrates her lack of
business and financial acumen. It was a "No Brainer" to buy the first mortgage because there was substantial
equity (now proven to be 100%) in the City's second mortgage.
The City Commission agreed to a strategy largely discussed in closed -door shade meetings which the public,
and more importantly, the debtorlproperty owner were not able to hear or view as well in front of a judge in the
bankruptcy proceedings. Last Tuesday, the City Attorney announced an agreement by the debtor to sell the
all of
ts
thepfir tyand second lmortg mortgages. The other creditors (includingdl
for $11.3 mllion. he County's Smalllon
Business Administration) will
th
also receive payments of their debts.
The end result not only makes the City whole, but also includes hundreds of thousands of dollars of accrued
interest paid to the City. Amateurish and erroneous statement. "Accrued interest' wasn't "paid to the City. it won't
be paid until the closing in 2016. it shows how lacking JJ's business and accounting background is. Even more
remarkable, the City will now have millions of dollars — dollars that most Namely AI Jacquet, Adam Frankel, and
Angie Gray. City staff (Chapman, Warner, and Tyburn were outspoken that the Auburn 'Soft Second' proposal
was bad and grossly inadequate. It had to be worth $50+K per apartment so there was substantial equity in our
second mortgage which now has been more than proven so argued back in April 2014 we would never see — to
be used towards other affordable housing priorities in our City.
This impressive result was achieved as a result of a distressed property in a bankruptcy proceeding, after far less
time and money than we expected (outside counsel and the City Attorney originally advised us that this would
likely take minimum 18 months and $250k in attorney's fees). Great sandbagging by Furr to set the performance
bar so low, he would subsequently look good!
I applaud the Mayor along with myself and Vice -Mayor Petrolia for taking the necessary action on securing the
debt Here, they did a good job of reversing Jacquet's attempt to plunder the taxpayers. JJ's first meeting and she
stood very tall! as well as the priority of keeping this affordable housing and bringing in a responsible
management company The City had little to nothing to do with bringing in the new Buyer. It was primarily M&M
and Hinners to make the requisite improvements that have been long neglected. We could not have done this
without staff's work on this -- primarily the City Attorney for his counsel throughout this complex process and also
his recommendation of engaging outside counsel Furr, and the Finance Director, who back in March 2014
argued forcibly against the previous commission action to restructure the loan.
Everyone is entitled to their opinion, but its hard to describe this transaction as anything other than a well -
way too long to get
oonce!veened because N nnerly e s' wed plan
nted to do NOT. with an out tanding esullt for oup s dents,listed
e tatl -payers a!nd
only Kapp
the residents of Auburn Trace.
I hope I have answered your questions and once the transcripts are released for the shade meetings, I
encourage you to read them yourself so you can form your own opinion from a position of facts rather than
allegations and misrepresentations Again JJ, deal with my two yellow highlighted statements below and prove
they are "misrepresentations". You can't! and incomplete information.
This is a good thing - we should be applauding the outcome but certainly not staff rather than denigrating right
now.
Happy Thanksgiving to you and your wife.
Regards,
Jordana L. Jarjura
Commissioner 22
,ity Commission
-ity of Delray Beach, 100 NW 1 st Ave., Delray Beach, FL 33444
Jarjura@mydelraybeach.com
Nww. mydelraybeach.com
Office: 531-243-7010
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from
local officials, employees, or the general public regarding city business are public records available to the public
and media upon request. Your e-mail communications may there be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails
containing city business should be directed to either: all City Commissioners or only 1 City Commissioner at a
time and should not include prior responses from other Commissioners in order to avoid the perception that a
third party is acting as a liaison between Commissioners.
From: EFMCDONALD@aol.com [EFMCDONALD@aol.com]
Sent: Friday, November 20, 2015 10:50 AM
To: Commissioners, Mayor
Cc: kimacnamee@yahoo.com
Subject: Re: 11/20/15 SS Article Pg 1B-- "Delray May Make $11M..."
Commissioners, clearly Ken knows a whole lot more in the realm of accounting than I --but I read assiduously of
his challenges such as the memo below. What is deeply troubling me --because this is my City and my money
and my Comm ission= lead ership--that these memos are getting maximal readership from the media and from
PBC. It has become two combatting teams of commissioners --whoever is right, we have got to get this cleaned
up --if CM and CA are weak, get them out at once --our City is paying dearly, not just with my tax dollars, but in
valuable City PR. HELP!
Ned McDonald
In a message dated ;1112012015 10:22:59 A.M. Eastern Standard Time, kjmacnamee@yahoo.com writes:
Commissioners and Concerned Delray Citizens:
City Attorney Pfeffer's announcement at the 11117 Commission Meeting about Auburn Trace apts. being under a
$11.3M Agreement of Sale just further demonstrates his incompetence and why you should not trust him.
The article quotes CA Pfeffer that purchasing the Iberia first mortgage was "high risk" and "highly aggressive". Tc
the contrary , it was a "No Brainer" as I stated 10 months ago. See the blue highlight in the email below. Then,
read the highlighted yellow in my email. Even then one could see CA Pfeffer didn't grasp the value and necessity
of the Iberia loan purchase. Commissioner Jarjura's comment, "I was nervous because I didn't know what we
were getting into", sounded like a homemaker instead of a real estate attorney.
While CA Attorney was lathering praise on the Commission and specifically Mayor Gllckstein at the 11/17/15
Meeting, he made an erroneous and troubling comment. He. stated the Mayor shrewdly <negotiated a "$345K
discount" on purchasing the Iberia first mortgage. The discount the Mayor garnered was $623,786.42:(i.e., the
City didn't pay for the accruedlunpaid interest):. In several prior emails, I'have praised the Mayor for this
accomplishment. Attachedbelow. is a2 page file are.two 'pages from the 5129131 purchase confirming the
discount!
Now CM Cooper sat silent through CA Pfeffer's gross understatement, probably because the Finance
department didn't record the discount 5 months ago. When an entity doesn't record journal entries timely and
properly, these type of public gaffes will occur.
CA Pfeffer went on to state the City will collect all its investments and collection costs incurred but he hasn't "..
23
done the final calculations". Some competent individual needs to verify the "final calculations" because CA
Pfeffer's statement sounds like he wrote off
$279K,($624r$345} of discount two paragraphs abode. Here is another scary fact. The City filed .a claim on
,ox omtz-. ;4.H-+ti�o Qu f'ni,r+`4 a�kQ:after: the -Iberia �,loan : pu rchaseahatit_:was.only.owed $4,630,623--anather
The good news for Delray citizens is that the City should certainly come out'whole' on this long running debacle
in spite of numerous gaffes and omissions on CA Pfeffer's part. Rather than great City legal work, the conclusion
and positive results are more attributable to the actions the debtor took, namely finally listing the property for sale
with a top notch RIE Broker (Marcus & Millichap). Given the financial gaffes noted above, close scrutiny is still
needed to insure the City rightfully obtains what it is entitled with an anticipated closing date by 1115116.
----- Forwarded Message -----
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
To: Mayor Commissioners <commissioners_mayor@ci.del ray-beach.fl.us>
Cc: Noel Pfeffer <pfeffer@mydelraybeach.com>; Donald Cooper <cooperd@mydelraybeach.com>; Jack Warner
<warner@mydelraybeach.corn>
Sent: JanuSaturday, ary 17, 2015 6:19 AM
Subject: Iberia Loan Purchase-- Agenda Item 9 F on 1120116-- PROCEED
Commissioners:
Atty. Pfeffer's well written 1113115 Memorandum confirms the City's second mortgage on the Auburn loan is still
"in the money", .i.e., there is equity and other borrowers protecting the City's financial interests. It is "quality work
product" and should be a template used for all staff submissions to the Commission and public.
Buying the Iberia first mortgage at a discount with a 20% Default interest rate looks Ilke a "No Brainer". So,
barring some undisclosed material problem (which I doubt exists or Atty. Pfeffer would have disclosed it), the
Commission should proceed with the due diligence.
The critical matter now seems for Atty. Furr to object to Auburn's emergency motion to let it continue to control
the apartment complex's cashflow (top of page 2). Atty. Furr's success in getting the Bankruptcy Judge to appoint
a Trustee to control the cashflow is a litmus test for Furr. If the Trustee gets appointed, Auburn, no longer having
the cashflow, will become the City's ally in selling the property because the 20% interest rate will be eating
quickly into Auburn's professed equity (it states in its Bankruptcy filing the asset is worth more than $10M and the
debts are less than $10M).
1 don't understand why Atty Pfeffer ended his Memorandum with "RECOMMENDATION-- Commission
Discretion". What does it take for him step forward and state "Proceed with the Due Diligence" with a proposal as
good as this one? The Commission needs decisive recommendations from staff when they are appropriate, not a
wishy-washy position. Remember how adamant Atty. Pyburn and CFO Warner were in opposing Auburn's
request for a loan mod last March? That was staff taking a "firm" (and righteous) stand!
Hopefully, at the 1120115 meeting, Atty. Pfeffer will update the Commission with a detailed report on Atty. Furr's
actions and results.
24
Wynn, Kimberl
From: Kenneth MacNamee <kjmacnamee@yahooxom>
Sent: Tuesday, November 24, 2015 8:50 AM
To: Ned McDonald; Jarjura, Jordana
Subject: Fw: Atty. Furr's (Lack of) Work Product re Auburn Bankruptcy(BK)-- Revisited
Mr. McDonald (and Commissioner Jarjura):
Commissioner Jarjura (JJ) accused me of unspecified "misrepresentations" concerning Auburn BK proceedings in
her email to you. I already provided proof that the City's discount is $623,786.42 from the 5/29115 Iberia loan
acquisition which, by the way, CA Pfeffer SIGNED! JJ, I'm still awaiting his response to my PRR for his
documentation justifying his 11/17/15 claim the discount was only $345K. Should be interesting!
informed JJ
Secondly in my 11/20/15 email, I cited the 6118115 Furrerroneous Talk afbougre the Iberia loan t a "misrepresenfiationianFurrlu understated
of this problem in the yellow highlight below. I guess sheg
the City's Iberia claim by $240,135. And at the bottom is the file (#2), one can open it and go to page 111 of 286 and
see Furr's handwriting and signature. Where was Pfeffer?
Ned, why am I the recipient of unspecified "misrepresentation" accusations by elected officials but yet l constantly
document and prove my assertions?
well-compensated outsiders rthat a 65 the Commission edretiree ngages? Fimmtn!ntly performs at a higher
level than City staff and thep
Left's talk about "Misrepresentations", CA Pfeffer stated the City selected M&M. Jessica Hinners adamantly denied it
calling Pfeffer's statement "false". So, who is "misrepresenting" here? My money is on Pfeffer!
Finally, read the blue highlight below. With Hinners valuing the Apartments at $9.3M (they sold for $11.3M), I state
there is $866K coverage for the City. And JJ acts amazed that the City is going to come out'whole' at the 11/17/15
Commission meeting? Another example of JJ's lack of business acumen beyond her "aggressive and risky"
statement concerning buying the Iberia loanl instead of a "misrepresentation" on my part, I think I appeared
prescient.
-- Forwarded Message -----
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
To: Mayor Commissioners <cornrnissioners_mayor@ci.delray-beach.fl.us>
Cc: Noel Pfeffer <pfeffer@mydelraybeach.com>; Gottesman Marisa <mgottesman@sun-sentinel.com>;
"randy@bocamag.com" <randy@bocamag.com>; "mbuczyner@cbsl2.com" <mbuczyner@cbsl2.com>; Chaz Stevens
<chazstevens@gmail.com>; Jonathan Beaton <jbeaton@sbgtv.com>; PBC inspector Inspector <inspector@pbcgov.org>;
Vince Dole <gelod3@yahoo.com
Sent: Tuesday, July 14,2015 1:11 AM
Subject: Atty. Furr's (Lack of) Work Product re Auburn Bankruptcy(BK)
Commissioners:
Attached are 3 lengthy files (over 800 pages) with the motions entered in the Auburn BK. According to the PRR
response I recently received, they are the only communications other than invoices between Atty. Furr and the City.
It is quite disconcerting because virtually all work product (at least 97%) was prepared and submitted by Auburn's
lawyer (Shraiberg).
25
Furr has billed Delray $43,038 for 5 months (Jan. -May). Shralberg states his legal fees through 5122115 are only
$20K. This smacks of the Vinnie Gray a lack of City Legal dept oversight and control. the City paid ABN $275K itt it like d Gray's the same thing again
er only charged him
$90K and WON the case. It was Y
here with Furr.
I found no value added in the little work Furr has done. Here are pages you may want should look at:
ates the
2)- File 2 pgs 109 & I of 6oFthe Second and $4,630,623 on the First purchased from Iberian Auburn's reorganization plan and . Two problems
claim amounts are $4,,3304,8446ns
with Furr's filings:
A)- Auburn claims its Second is $50K less ($4,254,846). Pg. 271 shows the City's calculation and it appears
flawed. I think Auburn's amount is probably more accurate.
B) -.The Iberia Settlementsheet.. shows "Total Due Iberia bank" that;fihe City purchased of $4,845,313 on 5129115:
Hnw our "Amount of Claim is only $4,630,623 as of 61911^5 ($214,,690 hniRsn )gin` 1 gde an
�ays higher ay quest! tl$25,445. The
go
3)- File 2 pgs. 67-74 of 286-- the PBC Tax Collector states unpaid 2014 Real Estate taxes total $288K and are
subject to 18% annual interest, or $5K monthly.
BK Judgyated at e to payhe he6alxes becaus/15 e he lienubusuper or to thern has cash aCity'sslof
$314K. He should put a Motion in front of the
don't think the Tax Collector is accurate but l couldn't locate any Shraiberg objection.
4)- File s p That
of ripe
f Auburn admits all Itheutilizes
mo e eason"Shared
the City needs
to get allocatesch it Trust Trustee employee
appointedtime
and get control
multiple
locations. That is ripe for abuse. It
of the cash receipts and operation of the apartment complex.
5)- File 2 pg. 86 of 286-- in one month (May 2015), Auburn made 4 payments to 3 affiliated companies totaling
$15,172. More opportunity for abuse to bleed the property.
The reason why I placed this PRR is because in Commissioner Petrolia's Performance Evaluation of CA Pfeffer,
there is a 5111115 email where Mr. Pfeffer stated Atty. Furr had prepared and filed a Motion to get a Trustee
appointed. I went through the 800 pages twice and didn't see it. I am champing at the bit to see the quality and
effectiveness of Furr's work product.
I don't think the Motion exists. if it does not, I find Pfeffer's email statement very troubling. Can you get CA Pfeffer to
provide me this Motion or confirm why it does not exist?
If you take the time to just peruse the 3 files, I think you will clearly see Auburn is outworking us and controlling the
lawsuit. Furr has been nothing more than a passive observer but not afraid to bill the heck out of us. The "burn rate"
in January was $80+K per month. If you add the $5K in interest on delinquent 2014 real estate taxes and Furr's $8K
26
monthly legal bills, the "burn rate" is now well over $90K per month. I received no City correspondence to Furr
emphasizing the "burn rate" so he knows our urgency and that we expect him to repeatedly communicate to the BK
Judge that "Delray Taxpayers" are going to lose that money if the property is not liquidated soon.
Commissioners, CA Pfeffer's lack of direction and oversight of Atty. Furr requires you to get involved NOW! We
have wasted 6 months.
Auburn Trace Bankruptcy pleadings - part 1.pdf
Kenneth. MacNamee shared from Dropbox
View on www.dropbox.com Preview by Yahoo
Auburn Trace Bankruptcy pleadings - part 2.pdf
Kenneth MacNamee shared from Dropbox
View on www.dropbox.com Preview by Yahoo
Auburn Trace Bankruptcy pleadings - part 3.pdf
Kenneth MacNamee shared from Dropbox
View on www.dropbox.com Preview by Yahoo
27
Wynn, Kimber)
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Tuesday, November 24, 2015 1.0:55 PM
To: Petrolia, Shelly
Subject: Re: Fwd: Auburn Trace Pay Off Information
Shelly:
The Gales are high which is good for the City if Auburn accepts Glass Ratner's methodology. I faxed you my Gales
and notes of the attachment below. I have no idea what the $109,153.70 Pre Petition Attorneys/Appraiser Fees are.
Do you know? I don't have the City's second mortgage docs so I'm not sure what is going on there either. In a BK
filing, Hinners objected to the City's amount owed.
If Auburn accepts the $10,011,664.75 total as of 1115116, plus Furr's legal from 1111115 thru 1115116 closing, Glass
Ratner's fees since inception, and possibly an appraiser's bill, then the City should be paid in full.
After you review the fax, phone me when it is convenient for you.
think Pfeffer should send the attachment to Hinners now so that Hinners signs off now on the methodology. That
may not happen because of the questionable Gales, especially the City's second mortgage.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Tuesday, November 24, 2015 8:28 PM
Subject: Fwd: Auburn Trace Pay Off Information
Please review and call.
Thanks.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach FL 33444
Petrolia m delra beach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
28
ne
PLEASE NOTE: Pursuant to Florida's Government in the Sall Cit eCommi Commissioners olr only1,)
ett C
mails containing city business should be directed to fir
Commissioner at a time and should notinclude hat a third party responses acti g as a to son between
Commissioners in order to avoid the perception
Commissioners.
Begin forwarded message:
From: "Pfeffer, Noel" feffer m delra beach.com>
Date: November 24, 2015 at 5:27:14 PM EST
To: "Petrolia, Shelly" < petrolla m delra beach.com>
Cc: "Glickstein, Cary" <Glickstein _ m delra beach.com>, "Jacquet, A
<ac uet >, "Jarjura, Jordana" <jar'
m delta beach.comura m delta beach.com>,
"Katz, Mitchell" <katz m delta beach.com>, "Cooper, Donald"
<coo erdm delta beach,com>
Subject: Auburn Trace Pay Off Information
Commissioner,
Attached is the updated pay-off information you requested.
Noel M. Pfeffer, City Attorney
City of Delray Beach, Florida
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561) 243-7091
feffer m delra beach.com
From: Pfeffer, Noel
Sent: Tuesday, November 24, 2015 11:29 AM
To: Pfeffer, Noel
Subject: FW: Auburn
From: Petrolia, Shelly
Sent: Thursday, November 19, 2015 3:56 PM
To: Pfeffer, Noel Al
cc: Cooper, Donald; Glickstein, Cary; Jarjura, Jordana; Katz, Mitchell; Jacquet,
Subject: Re: Auburn
No
I want it from you,
I want it broken down by each loan, the accrued ofesionals (Fuedeem,
r, Accountant), and
any additional costs incurred by outside p
I want it now, as if the closing was on Nov. 17 when you announced this sale.
also want all projected costs at closing on Jan 15, 2016.
29
(I'm copying the commission so that they are aware of the difficulty I receive when
requesting basic information from you. Mayor Glickstein, during evaluations, stated he
was not aware of problems I encounter)
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach FL 33444
Petrolia m delra beach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message noreply to this message. only. To
comply with the Sunshine Law, please
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most
written communications to or from local officials, employees, or the general
public regarding city business are public records available to the public and
media upon request. Your e-mail communications may therefore be subject to
public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a.
Sunshine Law"), e-mails containing city business should be directed to either: all Cit
Commissioners or only 1 ity Commissioner at a time and should not include
riot res onses from the other Commissioners in order to avoid the perception that
a third party is acting as a liaison between Commissioners.
On Nov 19, 2015, at 3:00 PM, Pfeffer, Noel <pfeffer - mydelra beach.com> wrote:
Commissioner,
You may wish to check with the finance department as to the current loan
balances. When a closing date is established, I will ask the finance department
and the bankruptcy financial adviser to prepare.
Noel M. Pfeffer, City Attorney
City of Delray Beach, Florida
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561) 243-7091
feffer m delra beach.com
30
From: Petrolia, Shelly
Sent: Thursday, November 19, 2015 2:39 PM
To: Pfeffer, Noel
Subject: Auburn
Good Afternoon,
Please forward an estoppellpayoff letter on the Auburn Trace transaction.
Thank You,
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W.1 Avenue
Delray Beach, FL 33444
PetroliaArn Weiraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To
comply with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most
written communications to or from local officials, employees, or the general public
regarding city business are public records available to the public and media upon
request. Your e-mail communications may therefore be subject to public
disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine
Law"), e-mails containing city business should be directed to either: all Cit
Commissioners or onl 1 city commissioner at a time and should not include rior
responses from the other Commissioners in order to avoid the perception that a third
party is acting as a liaison between Commissioners.
31
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Wednesday, November 25, 2015 12:36 AM
To: jessicahinners@aol.com
Cc: Brian Hinners; Bradley Shraiberg; Daniel J. Rose PA, Katz, Mitchell
Subject: Re: Communication
Ms. Hinners:
If you are going to sue me, please have your attorney (but not you) contact my lawyer-- Daniel J. Rose @ 561.266-
9057,
If you have filed a report against me with Delray police like you state in the email below, I won't be forgiving (like
Commissioner Katz was when you filed a report against him) if the police contact let alone harass me. In Clint
Eastwood vernacular, "Make my day!".
if you think you are going to squelch or interfere with my First Amendment rights, you are in for a rude awakening.
Several individuals are receiving this email besides the cced above.
In an email that I mass distributed 7 hours ago, I cited your email to the Commission objecting to CA Pfeffer taking
credit for Auburn's work to list and sell Auburn Trace Apartments. I attributed the A of S to Auburn owners 'taking the
high road' and finally selling the property. I thank you for doing so and hope the transaction closes within 60 days.
From. "jessicahinners@aol.com' <jessicahinners@aol.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Cc: Brian Hinners <brian@fahi.net>; Bradley Shraiberg <bshraiberg@sfl-pa.com>
Sent: Tuesday, November 24, 2015 11:30 AM
Subject: Re: Communication
Mr. MacNamee-
I am notifying the police. This is the second time you have contacted me within a week. Your fixation
is bizarre and frightening. Such behavior is abnormal. This is beyond informing citizens of what you
believe to be relevant issues.
Jessica Hinners
Sent from my Phone
On Nov 24, 2015, at 11:17 AM, Kenneth MacNamee <k'macnamee ahoo.com> wrote:
Ms. Hinners:
32
did forward your "F bomb" email to me to several other individuals. I considered it my unfettered
right to do so. If one of the recipients forwarded it to a blogger, I believe it was also his/her right to do
so. What the blogger may have written about you is between the blogger and you-- not me.
As far as my motivation is concerned, it is simple. I look out for the best interests of Delray citizens
and taxpayers. One of my goals was to bring the "Auburn saga" to a conclusion (as Auburn was in
default on the City's second mortgage according to a 10/13/14 "Notice of Default" letter CA Pfeffer
mailed to Auburn Group-- attached below). Correct me if I am wrong but that came after Iberia Bank
had filed a Foreclosure action on its first mortgage a week earlier.
It looks like the conclusion of the "Auburn saga" is now about to happen. Your "F bomb"email to me
indicates l may have had some effect in doing so. Thus, I consider it to be a compliment. Thanks!
From: "iessicahinners aPaol.com" <IeSslcahinnP-s-gaaol.COm>
To: Kenneth MacNamee <kimacnameeQyahoo_co_m>
Cc: Bradley Shraiberg <bshraiberg@sfl-pa.com>; Brian Hinners <brianCc�fah!.net>
Sent; Tuesday, November 24, 2015 9:52 AM
Subject: Communication
Mr. MacNamee-
It has come to our attention that you are contacting our broker, Evan Kristol, via phone
and e-mail in relation to Auburn Trace.
Your continual interference into our business matters over the past 18 months has
become harassing in nature and quite frankly is bizarre as it does not concern you. Your
nonstop fixation on our family and company is very disconcerting. It is not normal
behavior and I question your motivation.
Earlier this week you contacted me for my correspondence with the City. Afterwards my
response to you was forwarded to a blogger who you are quite familiar with who
proceeded to call me a "cunt". I perceive your action in forwarding my email to anyone
to be an aggressive action on your part.
I have copied our legal counsel on this e-mail. Please refrain from further
communication. Your nonstop harassment has become frightening.
Sincerely,
Jessica Hinners
Sent from my iPhone
<Auburn Default. pdf>
33
Wynn, Kimberly
From:
Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Sunday, November 29, 2015 6:47 AM
To: Petrolia, Shelly
Subject: Re: Fwd: Draft December 1, 2015 Regular Meeting Agenda
Even though he may have been sick last week, how can Cooper try to absolve himself of (lack of) knowledge of the
Budget Revision agenda item? Wasn't the agenda emailed to him for approval before publishing? He sounds like a
20th century CMI
He better pull it.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Saturday, November 28, 2015 3:50 PM
Subject: Fwd: Draft December 1, 2015 Regular Meeting Agenda
FYI
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15t Avenue
Delta Beach FL 33444
Petrolia m delta beach.com
Phone: (561) 243-7010
No#e to Ma or &Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all Cit Commissioners or only 1 Cit
Commissioner at a time and should not include Prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message:
From: "Petrolia, Shelly" < etrolia m delta beach :c '
Date: November 28, 2015 at 3:45:15 PM EST
34
To: "Cooper, Donald" <cooperd(c�mydefraybeach.ca :"
Subject: RE: Draft December 1, 2015 Regular Meeting Agenda
Mr, Cooper,
I'm sorry you are not feeling well.
I sent under another copy my concerns about amending the budget without the Statute required two
readings. Maybe we are exempt from this? I'm certain Pfeffer will address.
But back to the main issue of understanding why, after only two months from setting the budget, we are
already dealing with amending changes to the budget, carryovers or not. Under the General Fund, there
are five changes made to the Public Safety category. Please forward the worksheets on these five
changes so that I can understand exactly what is taking place.
Additionally, the Exhibit A attachment has no title notification. This makes it very difficult for anyone to
reference it in the future. "Budget Summary As Amended" is only useful when attached to the agenda
provided. The title for this page needs details so that anyone, at point in time, can reference its
origins. No where on Exhibit A is there date or reference detail ("Budget Summary As Amended" means
nothing out of the context of the agenda). The title should read something like: Exhibit A - 2016 Budget
Summary Amendment - December 1, 2015. The dates will give the reference.
I recommend this item be pulled and made clear before moving forward. I also recommend someone
check into the requirements for this approval and that FS 166.241 is followed if applicable.
Best and Hope you are feeling better.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, FL 33444
Petrolia mdelra beach.com
Phone: (561) 243-7010
Note to Ma or & Commissioners. This message is for your information only. To comply with the Sunshine Law,
please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from
local officials, employees, or the general public regarding city business are public records available to the public
and media upon request. Your e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-mails containing
city business should be directed to either: all city Commissloners or onl 1 Cit Commissioner at a time and
should not include prior responses from the other commissioners in order to avoid the perception that a third
party is acting as a liaison between Commissioners.
From: Cooper, Donald
Sent: Saturday, November 28, 2015 2.40 PM
To: Petrolia, Shelly
Cc: Warner, Jack
Subject, RE: Draft December 1, 2015 Regular Meeting Agenda
Vice Mayor I response to your questions I an, unaware of any budget amendment this early in
the budget year. I was not at the agenda setting meeting due to being ill (still have not recovered)
35
but based upon an email from Mr. Warner this appears to be driven by aecounting and reflects
projects that were not completed in FYI and are carryovers into FY16 (all of the listed projects
were FY15 projects and previously approved). I believe the intent is to authorize those projects
for FYI since they were not encumbered in FYI 5.1 will con#inn on Monday and send a
confirming email. The emphasis on the 19% unassigned fund balance, I believe, is to point out
that remains unchanged from the approved budget. I hope this provides some clarification, I will
have further information Monday. Unfortunately, I was out sick most of last week and have
some catching up to do. Again I will provide additional information on Monday.
From: Petrolia, Shelly
Sent: Friday, November 27, 2015 3:34 PM
To: Cooper, Donald
Subject: Fwd: Draft December 1, 2015 Regular Meeting Agenda
Good Afternoon Mr. Cooper,
I will not be attending the Dec. 1 St commission meeting due to my attending the Climate Change
conference in Key West. However, I still read the agenda and back up materials and would like
an explanation on 8.13.3. Resolution 73-15, Budget Amendment.
Specifically, I would like to know if we have ever required a Budget Amendment in November
before? Why was this not done in September during our budget process?
Additionally, I do not understand what is being asked, its confusing and needs to be rewritten so
that anyone reading can understand what is taking place. Plus a dollar figure instead of a
percentage needs to be stated. A 19% surplus means nothing without the figure from which it is
derived. Why not just state an amount and not a percentage?
Please advise.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. V' Avenue
DelrayBeach,FL 33444
Petroiia(a�mvdelraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's sGovernment
t either: all Ci Act
Co(mmissiouershoreonlwl)
e-mails containing city business should be directed
Ci Commissioner at a time and should not include rior res oases from the other
36
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message:
From: "Wynn, Kimberly" < nn m delta beach.com>
Date: November 23, 2015 at 2:02:09 PM EST
To: Commissioners, Mayor and City Manager"
<Commissioners Mayor
Mana er m delta beach.com>, "Pfeffer, Noel"
<pfeffer mydelraybeach.com>
Cc: Agenda Coordinator <a coordinator zn delta beach.com>, "Inglese, Cathy"
<ln lese m delta beach.cotn>, "Rangel, Delores"
<Ran el m delta beach.com>, "Young, Shondra"
< oun s m delta beach.com>
Subject: Draft December 1, 2015 Regular Meeting Agenda
Good Afternoon Mayor and Commissioners:
Attached is the Draft December 1, 2015 Regular Meeting agenda for your review as according to
the local rules of the City Commission. Should you have any questions, please contact me.
Thank you.
Kimberly Wynn
Deputy City Clerk
100 NW 1St Avenue
Delray Beach, FL 33444
Telephone: (561) 243-7057
Fax: (561) 2433774
Email: wynn�a mydelraybeach.com
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
37
Wynn, Kimberly
From:
Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Sunday, November 29, 2015 10:12 AM
To: vince dole
Cc: Glickstein, Cary; Jarjura, Jordana
Subject: Fw: Thanks for the Acknowledgement
Vince:
Given the quality of your writing in "Friends of Delray' missives, your compliment means a lot to me. I put quite a bit
of work into my email below. Since Cary couldn't get Pfeffer to comply with Cary's directive, l thought I would 'pitch
in' and try to help with the neglected assignment. I feel that I set the record straight with a 'Here's the Rest of the
Story' Paul Harvey moment!
With Ms. Hinners' expressed 'feelings' about me, I don't think anyone will accuse me of collusion with her to write to
the Commission confirming the Pfeffer, Glickstein, Jarjura charade at the 11/17/15 Meeting.
I normally do not share the compliments I receive but here I have cced Cary and Jordana because I believe they
value your opinion. Their insistence upon publicly praising CA Pfeffer's substandard performance like noted above
1M in a legal
baffles me.
ig Now knowingtat never apprat CA offer ved bytCoun yrd County Commiss Commission, would think tlement because he reportedly
they would be far more diligent
illegally signed a cont pP
scrutinizing him.
From: "gelod3@yahoo.com" <gelod3@ya oo.coom>
To: Kenneth MacNamee <kjmacnamee@y
Sent. Tuesday, November 24, 2015 8:04 PM
Subject: Re: Is Mayor Glickstein a "fraud"?-- Chapter 7-- 11/17/15 Auburn Charades
Ken
There is an inscription above the door to the National Archives in Washington It reads,
"Past is
Prologue". it suggests that a strong future depends on an understanding of the past - an accurate
understanding, So I appreciate your diligence in researching the facts surrounding the proposed
Auburn deal Fortunately it looks as if the taxpayers will come out whole and the residents will have
an accurate understanding how we got there.
Vince
Vince
Sent from my iPhone
On Nov 24, 2015, at 5:59 PM, Kenneth MacNamee <k'macnamee ahoo.com> wrote:
Mr. McDonald (and other Concerned Delray Citizens):
017.1
Thanks for sharing Mayor Glickstein's response to your inquiry below. Again, he takes a swipe at me
being "wrong" and offers ZERO substantiation (see the yellow highlight below). He just continues to
keep the public "in the dark" and doesn't provide any "documentation" like I consistently do.
At the 6116115 Commission meeting, the Mayor twice directed Attys. Furr and Pfeffer to get Auburn
Trace listed For Sale with a Real Estate broker. It wasn't accomplished until four months later and,
contrary to Atty. Pfeffer's "City selection" assertion at the 11/17/18 Meeting, there appears to have
been little to no involvement by the City.
Secondly, the Mayor directed Atty. Pfeffer to provide a monthly update to "educate the public on the
status and complexities of the BK proceedings". Atty. Pfeffer never did so even though copious
amounts of BK filings were publicly available for disclosure.
So, instead of relying on the Mayors diatribe below, I am providing you with the "documentation"
which CA Pfeffer never did. Please open the 10 page "Cliffs Notes" file below from difficult to access
Bankruptcy (BK) records and read the following;
1)- Pgs 1-4 are the M&M listing agreement signed 1017115 by Auburn. The City is nowhere to be
found as an involved party. Note the listing price on pg, 1 is $11,750,000. CA Pfeffer never
mentioned that when he said it was under A of S for $11.3M ($450,000 less).
2)-Pgs. 5-6 is the Debtor's application to get the BK Judge to approve M&M's appointment. Again,
no mention of the City's concurrence.
N.B. on pg. 6. Mr. Hinners avers he has no knowledge of the Broker (Mr. Kristol) having any
connection with "creditors" (i.e., the City).
3)-Pgs.7-8-- the Motion to get the A of S approved by the BK. On pg. 8, read the underlined.
Purchase price confirmed at $11.3M as a "fair and reasonable price" because Auburn "was
marketed by the brokerage firm". It was never listed on M&M's website. In real estate vernacular, it
was a "pocket listing",i.e., the listing broker probably just showed it to his selective buyers. In
layman's terms, the listing never hit the "MLS"!
4)- Pgs. 9-10-- from the A of S. Pg. 9 corroborates the $700K Deposit Pg. 10 proves the A of S was
executed on 1114115, just 28 days after the listing. So much for how "dire" the situation was!
At the 11/17/15 Commission Meeting, Mayor Glickstein, Commissioner Jarjura, and CA Pfeffer
obviously orchestrated a charade and "snow job" embellishing how the above happened. The Debtor
confirmed such the next day with an email stating the following:
"1 just had the opportunity to watch the November 18, 2015 meeting. As you can imagine, my e-mail
is in relation to Auburn Trace. The self promotion that occurred during this meeting was
unbelievable and in some instances false.
First of all, the main reason the property is selling for the significant number is due to our part. We
selected Marcus and Evan Kristol. We vetted him and his credentials as our company has twenty-
five plus years in the affordable housing business. t do not appreciate Mr. Pfeffer taking credit for
this action. "
Now, please read the Mayor's puffery in 1a in his email below. I have reviewed, uncovered, and
disclosed countless gaffes by "our parties". Now to the MW highlights. "aggressive" and
"extremely well"? By any modicum of basic business/legal performance, the City's actions were
closer to the opposite, Le, "passive" and "very poorly".
39
One last but very important highlight green. The Mayor boasts Commission ".. complete unanimity
in all aspects". If his statement is true, then the City is in my opinion in dire straits because the
Commissioners have set very low performance standards and expectations. At the 8111115
Commission Meeting, the Mayor publicly stated he had "tempered his expectations of staff
performance." I didn't realize the depth of his capitulation until now.
The good news is that if the sale closes as set forth, the City should certainly come out'whole'. I
attribute that far more to the Debtor for finally 'taking the high road' and selling the property rather
than any actions that I could find that the City took.
Mr. McDonald,
First, l do not believe there are "combatting teams of commissioners." On this
topic, there was'cornplete unanimity �n all.; aspects; of the strategy, plan
and execution, most of which was discussed privately in "statutory shade
meetings" that the author did not attend, and which discussions were and
remain confidential. On other topics, there may be disagreements, but I feel we
are solution -driven, despite how things may be rehashed and contorted in the
social media fact blender.
We are lucky to live where we can freely communicate about our elected
leadership; in fact I would say it is our duty to question those policies and
decisions. That said, the author of the email is'wrong. His use of, accour
exicon may De;cUmuz5.my kui u""N"���L . , r •--
that know. (and understand) the facts, laws and accounting practices governing
the'subject matter. But, as we are free to communicate, we are also free to
believe what we want to believe. To that end, and since you asked the question,
my answer today is as it was last week: assuming the (now publically
disclosed) contract closes, the "Auburn" loa"roblem we nherii d was,-
Cary
a—
Best to you and yours for a very Happy Thanksgiving holiday .
Cary Glickstein
Mayor
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding
40
city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine
Law"), e-mails containing city business should be directed to either: all Cit
Commissioners or onl 1 Cit Commissioner at a time and should not include prior
responses from other Commissioners in order to avoid the perception that a third
party is acting as a liaison between Commissioners.
From: EFMCDONALD aoi,com [EFMCDONALD aol.com]
Sent: Friday, November 20, 2015 10:50 AM
To: Commissioners, Mayor
Cc: k'macnamee ahoo.com
Subject: Re: 11/20/15 SS Article Pg IB-- "Delray May Make $11M..."
Commissioners, clearly Ken knows a whole lot more in the realm of accounting than I --
but I read assiduously of his challenges such as the memo below. What is deeply
troubling me --because this is my City and my money and my Commission leadership --
that these memos are getting maximal readership from the media and from PBC. It has
become two combatting teams of commissioners --whoever is right, we have got to get
this cleaned up --if CM and CA are weak, get them out at once --our City is paying
dearly, not just with my tax dollars, but in valuable City PR. HELP!
Ned McDonald
<AubBKDocs.pdf>
41
Wynn, lUmberl
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, November 30, 2015 11:44 AM
To: Petrolia, Shelly; Cooper, Donald; Scott, David
Subject: Why You Are the Last to Know?
Commissioner Petrolia:
CM Cooper has been on the job for 11 months now. I find him no more transparent or forthright than his 3
predecessors (Harden, Chapman, and Stewart). "Land mines" like my email below are a new revelation almost
weekly. PRR service is no better and possibly worse under his regime.
Here is a prima facie matter. You publicly stated you were asking Mr. Cooper about the County Fire Consolidation
back in September because you were in the dark. Even though CM Cooper was directed to "let the County make a
proposal if they are so inclined" on 515115, the email record is clear. Delray staff spent an inordinate amount of time
on a 'dead end' pursuit. And, the emails
reveal
gilled t rwell
late aware
t of what was going on. He apparently withheld a 5
month project from you until he u y
r.
Emails show CM Cooper was planning meetings with the County less than 2 weeks after he was told to leave it in
the County's hands.
I guess only in City government can someone keep a to a superior in the dark and get away with it.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com> " <scattd@mydelraybeach.com>
To: "Cooper, Donald" <cooperd@mydelraybeach.com>; "Scott, David
Cc: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Monday, November 30, 2015 10:01 AM
Subject: Fwd: "Delray to pay for demolitions"-- SS lead article in Local section 11/28/15
Good Morning,
Hoping you can see where this is leading with respect to sprucing up our town when basic needs
continue to be neglected.
The demolition of unsafe structures shouldt be a
unsafe. issue. It is a requirement of ownership to
maintain, sell or demolish structures deemed
Money is not the issue here. How city structures are allowed to deteriorate to an "unsafe structure"
level without notice along the way, makes the city and responsible departments look inept at best and
negligent at worst.
And why am 1 getting this information thru citizens emails and the newspaper?
Please advise,
Shelly Petrolia
Vice Mayor
42
City of Delray Beach
100 N.W. 1St Avenue
Delrav Beach, FL 33444
Petrolia mydelraybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all CitV Commissioners or only 1 Cit
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message:
From: Kenneth MacNamee <k0macnamee ahoo.com>
Date: November 29, 2015 at 8:14:32 PM EST
To: Mayor Commissioners <commissioners mayor __ci.delray-beach.fl.us>
Cc: Gottesman Marisa <m ottesman sun-sentinel.com>,"randy@bocamag.com_'
<randy(D-bocamag.com>, "mbucz ner cbs12.com" <mbuczyner ,cbs12.com>,
"Charlie Keegan" <charlie.kee an w tv.com>, Donald Cooper
<cooperd _mydelraybeach.com>
Subject: "Delray to pay for demolitions"-- SS lead article in Local section 11/28/15
Reply -To: Kenneth MacNamee <kJmacnamee ,yahoo.com>
Commissioners (and Concerned Delray Citizens):
The above article casts another shameful light on "city officials".
If accurate, it stated that unnamed "city officials" said the City's Budget has did not have a measly
$50K to pay for the demolition of unsafe buildings which the City owns.
You have got to be kidding me! The City has a $114M General Fund 2016 Budget but it can't find
$50K to demolish "Unsafe" buildings?
The Commission just authorized hundreds of thousands of dollars for beach gazebos but we can't
demolish unsafe structures? Not having demolition funds for unsafe buildings is worse than the
unfinished sidewalks and unpaved alleys matter. Why does City Commission and staff always seem
to neglect'basic' City responsibilities when it comes to the Northwest and Southwest
neighborhoods?
How can "city officials" tout their performance when these basic city functions languish for years?
43
Are these the same four "city officials" who voted to keep the WM contract knowing trash customers
would pay $8.3M more? The Commission had to spend a full day to overturn that potential debacle
and rightfully award the trash contract to our new hauler-- SWS.
So, Tuesday night the Commission will have to deal with a piddling $50K demolition matter.
Meanwhile, the Commission (primarily Mayor Glickstein who approves the Agenda) ignores the P&F
pension plan. The last reported year revealed P&F (a state rated "F" plan) performed $4.5M worse
than the City's Gen. Employee Plan ( a state rated "A" plan). A $4.5M annual opportunity loss can't
get the Commission's attention but trying to find $50K to demolish unsafe buildings is an Agenda
item? The Commission has lost its bearings.
P.S. I wonder how long those structures have been deemed "unsafe"? Where is Code
Enforcement's list of "unsafe" structures in the City?
44
Wynn, Kimberl
From: Kenneth MacNamee <kjmacnamee@yahoo.corn>
Sent: Tuesday, December 01, 2015 8:32 PM
To: Petrolia, Shelly
Subject: Re: Fwd-. September 30, 2015 Accounts Receivable "Collections" Report
Shelly:
I'll wait for your phone call. This is even worse than I thought. And Warner's recommendation? Hire an outsider to do
staffs work.
The grand total on page 1 is $7,003,960 with $3,301,376 being 90 or more days delinquent. No wonder they didn't
do anything with Burgess's $2K bounced check.
There is no mention as to how of the $7,003,960 is reserved in "Allowance for Doubtful Accounts". The City sets
aside 100% for Property tax Receivables which you should ultimately collect but at most $1.4M for the $7M. What
accounting genius concocted that scenario?
The CPA, asst. CFO misses the target entirely. You'll collect virtually every penny of the Auburn receivables. Good
luck with the $3.3M where you have no secured lien.
1 would instruct staff to get the same aged receivable listing from Boca and Boynton ASAP!
Another "land mine" except this one is enormous. When are going to hold Cooper accountable for keeping you in
the dark and having staff that doesn't get basic business (collections) done? He should have disclosed this
collection nightmare in his first 30 days on the job. Warner has been there now for 18 moss and now he finally
presents this debacle? Wow!
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Tuesday, December 1, 2015 12:47 PM
Subject: Fwd: September 30, 2015 Accounts Receivable "Collections" Report
Hi Ken,
I'm down in Key West at the Climate Change Summit. Just received the attached. When you have a
free moment, can you please just peruse and let me know your thoughts.
I'd prefer it if you didn't do any sort of blast email on this until we speak. Call you later.
Thanks,
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 15t Avenue
Delrav Beach, FL 33444
PetroIia@mvdeIraybeach.com
G�7
Phone:561 243-7010
No to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE; Florida has a very broad public records law. Most written
communications to or from local officiais�employees, rc and media upon requestrYourding e --many
business are public records available tot p
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in theeithe Sall Cit unshineComm commissioners o"Sunshine
r onl 1)C'
e-
mails containing city business should be directed to
Commissioner at a time and should not include rior res onses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message:
From: "Snyder, Jeff' <SnyderJ(a�r''vdelraybeach.com>
Date: December 1, 2015 at 12:12:33 PM EST
To: "Commissioners, Mayor and City Manager"
<Commissioners Ma orandCit Mana er m delta beach.cam>
Cc: "Warner, Jack" <warner m delra beach.com>
Subject: September 30, 2015 Accounts Receivable "Collections" Report
Hello,
As requested here is the first quarterly "collections" report which details the accounts
receivable aging. This report provides you with a snap shot view of the collections
difficulties we are having with parking tickets and fire rescue billing. Both of these areas
are anticipated and expected as they are a problem nationally. Mr. Warner and I have
agreed that bidding out the collection services is good option. We anticipate having an
RFP out early in the new year with the selected firm to City Commission for approval the
n the
first of March 2016. prmrily ase (more note that
made past due up of theiAuburn Traceaneous
loan as
receivables is primarily {
described on the second page of the attachment.
Please do not hesitate to contact us it you have additional questions.
Sincerely,
Jeff
Jeff Snyder, CPA
Assistant CFO
City of Delray Beach, FL
561-243-7115
snyderiC&mydelraybeach.com
46
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: 'Thursday, December 03, 2015 8:09 AM
To: Katz, Mitchell
Subject: 9/30/15 Accounts Receivable Report
Commissioner Katz:
Re our phone con re the above, I believe the revenue source for "Parking Tickets" is 9/1351.10- 01 and 02. The
2016 Budget amount reflected on pg. 4 of your Budget Book is $360K. So with $811,633.36 being 120- days
delinquent, it represents over 2 years of uncollected parking fines.
I thought the City's collection efforts were lacking but the report exceeds greatly my premonition. On the surface, it
looks there have been little to no collection efforts by your staff. The fact that this delinquency status has apparently
never been brought to the Commission's attention previously is unconscionable. Caler Dnten having never
mentioned this in the CAFR astounds me. Just another reason why the City should engage a new Audit firm.
Wartotal been on the
al receivables are $0,003,60 40. The 90+day amounmonths and Cooper 11. And t delinquency? you are just learning about the The
is $3,301 376 or an alarming 4 % of the total.
page
1
p 1
Neither Cooper nor Warner is a competent business manager. I would have brought the delinquency status to the
Commission's attention in 30 days and with an action plan other than just 'hire a collection agency'. This is just
another example of staff not doing their job and the solution?--- hire an outsider, throw money at it!
The delinquency status is a critical problem that the Commission needs to address immediately, including holding
Cooper accountable for not disclosing and implementing an action plan at least 9 months ago.
You also need a related report on the "Allowance for Doubtful Accounts". As of 9/3014 per CAFR pg. 40, there was
an allowance (reserve in layman's terms) for "Business Type Activities" of $1,041,817. So, the Utility Billing
delinquency looks like it has been properly written down. But there is only an Allowance of $351,098 for the rest of
the Receivables. Bottom line is that you need the total $1,392,915 "Non Property Taxes" Allowance (1,041,817 +
351,098) allocated to the appropriate Receivable account on page 1. Confusing in writing herein but clear on the
spreadsheet when done.
You have your work cut out for you. It is time to step up on this critical problem.
47
Wynn, Kimberly
From:
Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent:
Sunday, December 06, 2015 12:05 PM
To:
Katz, Mitchell
Cc:
STEPHEN BLUM
Subject:
IPIC Meeting
Commissioner Katz:
According to Steve Blum, you let IPIC dictate that a TV crew could not film its meeting yesterday. Is that true? If so,
who does IPIC think it is to make that demand?
I heard they are reneging on their President's assertion during approval process that he would move the Corporate
HQ to Delray?
48
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Tuesday, December 08, 2015 7:35 AM
To: Petrolia, Shelly
Subject: Fw: Fwd: OBS Breaches Continue-- Hooray! Finally Some Chairs On Dunes Beach But No
Cabanas
Commissioner Petrolia:
I'll bet the yellow highlight below wasn't done and that neither Cooper nor Davis responded acknowledging such.
I will send you an email today of photos I took yesterday of OBS breaching its contract yesterday afternoon. Again
,they closed down Dunes while leaving the Main beach open. Why do you (the City) allow Dunes to be treated as a
second rate beach?
----- Forwarded Message
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: "Cooper, Donald" <cooperd@mydelraybeach.com>
Cc: "Fisher, Suzanne" <fish er@mydeiraybeach. com>; Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Friday, November 27, 2015 11:25 PM
Subject: Fwd: OBS Breaches Continue-- Hooray! Finally Some Chairs On Dunes Beach But No Cabanas
Good Evening,
The excuses for allowing shoddy operations in our City, do nothing for the LOS speak that citizens
demand, require and expect and the city has committed to deliver. OBS appears to continue to fail in
their contractual obligation with the city, which should be grounds for termination.
When this issue arose back in the spring, I requested the city reach out to other competing vendors to
see if any could respond to an immediate need should service on our beaches be disrupted. In fact,
immediately following an advanced payment made by OBS seemed a good time to do a search. I
doubt that was done. Again, I am suggesting the city reach out to see if any such vendor exists, as
the current vendor does not appear to be able deliver services required by contract.
Finally, it is concerning that a citizen continues to report on vendor failings, and not staff. This does
not bode well for the
LOS being delivered by the city.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
Delra Beach FL 33444
PetroliaRDrn delra beach.com
Phone: 561 243-7010
49
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only 1 City
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
Begin forwarded message:
From: Kenneth MacNamee <k'macnamee ahoo.com>
Date: November 27, 2015 at 10:08:58 PM EST
To: Mayor Commissioners <commissioners_ mayor@ci.del ray-beach.f1.us>
Cc: Donald Cooper <cooperd�7a mydelraybeach.com>, Suzanne Davis
<daviss m delra beach.com>
Subject: OBS Breaches Continue-- Hooray! Finally Some Chairs On Dunes Beach
But No Cabanas
Reply -To: Kenneth MacNamee <kimacnamee ahoo.com>
Commissioners:
"Either they step up or we replace them"- Cary Glickstein and Commissioners agreed to give OBS
one more chance, but made it clear it would be the last time.-- Sun Sentinel 412115.
OBS continues to breach its contract. There were no chairs nor OBS personnel on Dunes beach on
Wednesday and Thanksgiving days. At the same time, there were set ups at the Main Beach
(Breach of D-3 last bullet).
On Friday 11127, the Dunes had a few chairs. The OBS staff person did not have cabanas on
another windy day. There were cabanas on the Main beach. Another example of the inferior level of
service Dunes beach receives.
Since I returned in mid October, I have observed several dunes beach 5 P.M. closings. Never once
has the OBS staffer used a rake ( Breach of F-3) even though the area is littered with cigarette butts,
bottle caps, orange peels, other litter, etc. I have also observed failure to wear standard uniform (G-
3), arranging equipment in only two rows (D-3 second bullet), and failure to allow 50 foot access in
front of lifeguard towers (D-3).
The Mayor's warning in the first paragraph above was obviously shallow and an idle threat. Just
another example of CM Cooper failing to comply with a Commission directive!
50
Wynn, Kimberly
From: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Tuesday, December 08, 2015 9:09 AM
To: Petrolia, Shelly
Subject: Re: OBS Breaches Continue- Hooray! Finally Some Chairs On Dunes Beach But No
Cabanas
Attachments: IMG -0318.j PG; IMG_0319.JPG
Shelly:
Here is an "Open" list of which I am aware:
1)- HB Fire/Rescue "Final draft"-- how could Cooper ask for direction on the County Consolidation and not follow it
but ask for no direction re HB and structure it at cost?
2)- Accts. Rec. Delinquencies-- how long has Cooper been aware of the slow pay status and why is his only
recommendation to hire a Collection Firm? So much for the "accountability" manager he promised he would be
3)- Where is the OIG Procurement Audit? Why isn't Cooper dogging the OIG to get it?
4)- Where is the possible replacement cabana operators? See you request in yellow below_ Staff appears to have
blown you off again
5)- Staff reports on OBS compliance were bogus before and probably still so now attached are the two photos. The
second is the Main beach with cabanas operable. The first is DUNES where it is shut down. Notice the Lifeguard
on when
flags in the rear of the photo. Ther is notos were taken between3 05 and 3:20 P.M. CooED. Ylow means 1pe has to get out from Purple
sea lice. The photos frombehi d his desk and check
on his statf instead of blindly relying on "reports"
constant follow up. You will be copied today on the recent
6)-- PRRs continue to be slow, incomplete, and require
Proerty tax receivable delays.
7)- Did you ever get the Fixed Asset Register you requested many months ago? I highly doubt it. Maybe someone
would have seen the buildings that you are now tearing down that have been unsafe for years.
I am sure you can add many more. Please hand it out at the Commission meeting tonight to your fellow
Commissioners so they KNOW what you are dealing with
Meetings play into bureaucrats hands. Make Copper memorialize the content of your meeting today by emailing
back to you what transpired.
From: "Petrolia, Shelly" <petrolia@mydelraybeach.com>
To: Kenneth MacNamee <kjmacnamee@yahoo.com>
Sent: Tuesday, December 8, 2015 8:12 AM
Subject: Re: OBS Breaches Continue-- Hooray! Finally Some Chairs On Dunes Beach But No Cabanas
Ken,
They replied with a check sheet that seemed to have all areas checked off appropriately. I will
address this at my morning meeting. Can you email the pies now?
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1St Avenue
51
Delrav Beach, FL 33444
Petro Ila(d)mydel raybeach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To comply
with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city
business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all Cily Commissioners or only 1 Cit
Commissioner at a time and should not include prior responses from the other
Commissioners in order to avoid the perception that a third party is acting as a liaison between
Commissioners.
On Dec 8, 2015, at 7:37 AM, Kenneth MacNamee <k'macnamee ahoo.com> wrote:
Commissioner Petrolia:
I'll bet the yellow highlight below wasn't done and that neither Cooper nor Davis responded
acknowledging such.
I will send you an email today of photos I took yesterday of OBS breaching its contract yesterday
afternoon. Again ,they closed down Dunes while leaving the Main beach open. Why do you (the
City) allow Dunes to be treated as a second rate beach?
----- Forwarded Message
From: "Petrolia, Shelly" <petrolia(a7mydelray beach. com>
To: "Cooper, Donald" <cooperd(dmydelraybeach.com>
Cc: "Fisher, Suzanne" <fisher m delra beach.com>; Kenneth MacNamee <k'macnamee ahao.com>
Sent: Friday, November 27, 2015 11:25 PM
Subject: Fwd: OBS Breaches Continue-- Hooray! Finally Some Chairs On Dunes Beach But No Cabanas
Good Evening,
The excuses for allowing shoddy operations in our City, do nothing for the LOS speak
that citizens demand, require and expect and the city has committed to deliver. OBS
appears to continue to fail in their contractual obligation with the city, which should be
grounds for termination.
When this.issue'arose back in the spring, l requested the city reach out to other
competing vendors to see if any could respond to an immediate need should service on
0ur`beaches be .disrupted. In fact, immediately following an advanced payment made`by
OBS seemed a good time to do a search. I doubt that was done. Again, <l am
6%
suggesting the city reach out to see if any such vendor exists. as the current vendor.
does not appear to be able deliver services required by contract.
Finally, it is concerning that a citizen continues to report on vendor failings, and not
staff. This does not bode well for the
LOS being delivered by the city.
Shelly Petrolia
Vice Mayor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach FL 33444
Petrolia m delra beach.com
Phone: (561) 243-7010
Note to Mayor & Commissioners. This message is for your information only. To
comply with the Sunshine Law, please do not reply to this message.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most
written communications to or from local officials, employees, or the general
public regarding city business are public records available to the public and
media upon request. Your e-mail communications may therefore be subject to
public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a.
Sunshine Law"), e-mails containing city business should be directed to either: all Cit
Commissioners or only 1 City Commissioner at a time and should not include
prior responses from the other Commissioners in order to avoid the perception that
a third party is acting as a liaison between Commissioners.
Begin forwarded message:
From: Kenneth MacNamee <kimacnamee ahoo.com>
Date: November 27, 2015 at 10:08:58 PM EST
To: Mayor Commissioners <commissioners ma or ci.delra -
beach.f!.us>
Cc: Donald Cooper <coo erd m delra beach.com>, Suzanne Davis
<daviss(a)mydelraybeach.com>
Subject: OBS Breaches Continue-- Hooray! Finally Some Chairs On
Dunes Beach But No Cabanas
Reply -To: Kenneth MacNamee <k"macnamee ahoo.com>
Commissioners:
53
"Either they step up or we replace them"- Cary Glickstein and Commissioners
agreed to give OBS one more chance, but made it clear it would be the last time. --
Sun Sentinel 412115.
OBS continues to breach its contract. There were no chairs nor OBS personnel on
Dunes beach on Wednesday and Thanksgiving days. At the same time, there were
set ups at the Main Beach (Breach of D-3 last bullet).
On Friday 11127, the Dunes had a few chairs. The OBS staff person did not have
cabanas on another windy day. There were cabanas on the Main beach. Another
example of the inferior level of service Dunes beach receives.
Since I returned in mid October, I have observed several dunes beach 5 P.M.
closings. Never once has the OSS staffer used a rake ( Breach of F-3) even though
the area is littered with cigarette butts, bottle caps, orange peels, other litter, etc. I
have also observed failure to wear standard uniform (G-3), arranging equipment in
only two rows (D-3 second bullet), and failure to allow 50 foot access in front of
lifeguard towers (D-3).
The Mayor's warning in the first paragraph above was obviously shallow and an idle
threat. Just another example of CM Cooper failing to comply with a Commission
directive!
54
Nubin, Chevelle
From: Jane smith <�vs7O14@bellsouth.net>
Sent; Monday, November 02, 2015 8:09 PM
To: Glickstein, Cary
Subject: Re: DB Fire rescue robocails
Thanks for the background.
,bane
on Monday, November 2, 2015 8:00 PM, "Glickstein, Cary" <Glickstein(amydeiraybeaoh.com> wrote:
Mr. Carney has long expressed his dislike of the PB County Fire Rescue Union, blaming them for
disclosing during his first campaign for mayor his felony arrest, something that was public record.
Further, one does not have to dig too far to connect the dots in Mr. Carney`s personal relationships to
others with criminal records who were also at odds with the same Union. Had Mr. Carney thought so
much of our city Fire -Rescue Department, perhaps he would not have voted to freeze their pay as
long as he did. if the public understood the true motivations behind the anonymous robocalls and Mr.
Carney's email attempt to scare and misinform residents, one starts to smell a rat.
Cary Glickstein
Mayor
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written
communications to or from local officials, employees, or the general public regarding city business are
public records available to the public and media upon request, Your e-mail communications may
therefore be subject to public disclosure.
PLEASE NOTE: Pursuant to Florida's Government in the Sunshine Act (a.k.a. "Sunshine Law"), e-
mails containing city business should be directed to either: all City Commissioners or only t City
Commissioner at a time and should not include prior responses from other Commissioners in order to
avoid the perception that a third party is acting as a liaison between Commissioners.
From: Jane Smith 'vs7014 bellsouth.net]
f
Nubin. Chevelle
from; johama53@aol.com
Serra: Monday, November 02, 2015 7.25 PM
To: torn@thomascamey.com; Glickstein, Gary; Petrolia, Shelly; Jarjura, Jordana; Kati, Mitchell
Subject: Re: Urgent update on our Fire Department
I knew a month ago that the negofiations were failed and l am a geneal citizen
---Original Message ----
From: Tom Camey <Tom@ThomasCarng -com>
To: Friend <johama53C_aol.com>
Sent: Mon, Nov 2, 2015 5:51 pm
Subject: Urgent update on our Fire Department
From the Desk of Tom Carney View tris email in your
browser
We have been misted. Our Fire Del2aritment is still at risk
Last week, the City Manager, after a thorough examination, had determined that the City should
not go forward with the transfer of our local Fire Department to the County. Certain members of
the City Commission then told the City Manager "not so fast" and directed him to put it on
tomorrow night's agenda (Tuesday, November 3rd),
The transfer of responsibilities for the running of our Fire Department from the City to the County
is NOT in the best interest of Delray Beach. Some members of this Commission are trying to
"pass the buck" (in this case, lots of your bucks) by handing it over to the County. Some
Commissioner's say that this is a money saving strategy. That is misleading.
After local residents expressed their concerns with transferring our Fire Department to the
County, several commissioners stated that there had been no "formal negotiations" and that
"nothing has been decided" on the issue. Very cleverly worded. Yes, there were no "formal
meetings",- but rather there were apparently many high level conversations over the past 6
months, including conversations with certain members of the Commission, which produced a 35
page document for the City to review.
Hardly sounds informal.
Here are two examples of why losing local control of our Fire Department by transferring
responsibilities to the Country is a bad Idea.
The first example is back in 2005 when the City of Delray Beach initiated within its ambulance
service the utilization of high tech defibrillators which help patients recover who are suffering
from cardiac rest. The implementation of this technology into our local Fire Department was so
successful that Delray Beach's patient survival rate went from 15 percent to 40 percent. The
County implemented these changes later and, if we had waited for the County, our citizens
would not have had the early successes that we had.
My second example relates to the staffing of the Fire Station located on the Barrier Island.
Staffing had been reduced to the point where it was understaffed by one and, sometimes, two
qualified firefighters. it was only through the direct action of the Commission that we were able to
cause the City to increase the staffing of the Beach Fire House. Again, this is something that
would not have happened had we had to go through the County "process" weighted with the
County upriorities".
We need to upgrade, properly staff, and maintain control of our OWN dire Department which
focuses on the needs of Delray Beach.
It is in the best interest of our City and residents to keep local control over essential services like
our Fire department.
Please call your City Commission at 561-243--7000 or email them to let them know you want to
keep local control of our Fire Department. Emails are as follows:
G l i ckste in CcD niyd ei rayb each . co m
Petrolia@mydelraybeach.com
Jar�uramydelraybeach.com