Meeting Minutes City Commission

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1 Meeting Minutes City Commission Tuesday, May 19, :45 PM Commission Chambers CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:44 p.m. on the above date by Mayor Jean M. Robb, City Hall, City Commission Chambers, Deerfield Beach, Florida. Present: 5 - Commissioner Gloria Battle Also Present: 3 - Commissioner Joseph Miller Commissioner Richard Rosenzweig Vice Mayor Bill Ganz Mayor Jean Robb City Manager Burgess Hanson City Attorney Andrew Maurodis City Clerk Samantha Gillyard INVOCATION AND PLEDGE OF ALLEGIANCE There was a moment of silence, followed by the Pledge of Allegiance. APPROVAL OF CITY COMMISSION MINUTES MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to approve the May 5, 2015 City Commission Meeting Minutes. Voice Vote: 5 - Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb Nays: 0 City Commission Board Minutes - May 5, 2015 ACKNOWLEDGEMENT OF CITY BOARD MINUTES MOTION was made by Commissioner Rosenzweig and seconded by Commissioner Miller to acknowledge the Board Minutes. Voice Vote: 5 - Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb Nays: 0 Community Redevelopment Agency Board Minutes - April 14, 2015 Code Enforcement Special Magistrate Minutes - April 14, 2015 Page 1

2 APPROVAL OF CITY COMMISSION AGENDA Andrew Maurodis, City Attorney, said the format tonight is modified to conform to the new rules being considered. In essence, the old rules will be suspended and the new procedure will be adopted. He also asked that Item 6 be considered during Item 1, the site plan, as Item 6 is a rezoning and is a predicate to the site plan. MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to approve the May 19, 2015 agenda as amended. Voice Vote: GENERAL ITEM Nays: Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb 20. Resolution 2015/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, amending Sections 4 and 6 of Resolution No. 2014/069 relating to Citizen Participation in the Rules of Procedure for Commission Meetings. Sponsors: Miller The Resolution was read by title only. Andrew Maurodis, City Attorney, said the changes made are reflective of Commission comments at the last meeting. Quasi-Judicial matters will be heard prior to public to be heard and changing the timeframe for the public to three (3) minutes. Commissioner Miller clarified that Mayor Robb has the option to give an additional minute. Mayor Robb suggested amending section 5.1, changing the time to 6:30 p.m. In response to Commissioner Miller's question, Vice Mayor Ganz said that it is a challenge to make it to the meetings at 6:30 p.m.; nevertheless, he is willing to concede. Commissioner Miller agreed with changing the time to 6:30 p.m. Commissioner Battle expressed concern with Vice Mayor Ganz's response; further, she said since Staff is salaried, they are required to attend. Vice Mayor Ganz said he would try to make due regardless of the time; however, there is also a challenge for residents trying to attend the meeting and handle their responsibilities. Mayor Robb opened the public hearing. Katy Freitaug, 418 SE 2nd Street, Deerfield Beach, said at the last meeting, the Commission expressed concerns with people lining up against the wall, as it is a fire hazard. Therefore, Ms. Freitaug suggested reserving the front row for any individuals wishing to speak. She further expressed concerns with not having the proper amount of space to handle large crowds. Page 2

3 GENERAL ITEMS CONTINUED Mayor Robb said chairs are normally placed in the lobby and the old school house is opened whenever there are large crowds. In response to Ms. Freitaug's question, Burgess Hanson, City Manager, explained that if there are contentious items on the agenda, the public will sign up first and then be called in order. Subsequent speakers are then alerted of their position in line. Ms. Freitaug said the Mayor should be the last to speak during a debate. Caryl Berner, 3130 Cambridge F, Deerfield Beach, said residents do not want to be attacked by the Commission and asked if the Commission wishes to respond that they do so while the resident is still at the podium. She also recommended that residents be contacted if a question is not answerable immediately. Ms. Berner recommended allowing four (4) minutes for all speakers, so the Mayor is not faced with deciding when someone should be allotted additional time. Joan Maurice, 1227 SW 25th Avenue, Deerfield Beach, expressed concern with making the meetings at 6:30 p.m. and asked that the Commission accommodate the residents. Patrice Spychalla, 308 SE 10th Street, Deerfield Beach, spoke about the Culture Fest event at Pioneer Park. Mayor Robb explained that residents can only speak on the item being discussed, which is the rules of procedure. Kathy Maggi, 125 SW 34th Avenue, Deerfield Beach, also expressed concern with starting the meeting at 6:30 p.m.; however, she agreed with changing the Quasi-Judicial procedures before the public to be heard. Bernie Parness, 3074 Hardwood F, Deerfield Beach, expressed concern with starting the meeting at 6:30 p.m. and the decision of who would receive four (4) minutes; he suggested giving everyone the same time. Mayor Robb closed the public hearing. Commissioner Miller said the meeting should continue at 6:45 p.m. based on public comments and asked for feedback regarding the public sitting in the front row. Mayor Robb explained that during controversial topics, overflow seating is provided and the public will be allowed to sign up and called in an orderly fashion. Commissioner Battle said the first rows should be reserved for physically impaired individuals. She agreed that people should sign up and be given time to approach the podium if seated outside the Chamber. Vice Mayor Ganz said reserving the front row is not feasible and moving the Quasi -Judicial hearings around will not impact the public speaking on the item. Page 3

4 GENERAL ITEMS CONTINUED MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to approve Item 20, adopted Resolution 2015/115. Roll Call: Nays: 0 Enactment No: RES 2015/115 PUBLIC HEARINGS - 2ND READING 5 - Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb 6. P.H : ORDINANCE 2015/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, RE-ZONING A 2.10 GROSS-ACRE PARCEL FROM BROWARD COUNTY INTENSE MANUFACTURING (M-3) TO THE CITY INDUSTRIAL (I) ZONING DISTRICT FOR PROPERTY LOCATED AT 3850 & 3860 N. POWERLINE ROAD; PROVIDING FOR IMPLEMENTATION; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. The Ordinance was read by title only. Amanda Martinez, Director of Planning & Development Services, said the applicant has met all Code requirements. Mayor Robb opened the public hearing; there was none and the public hearing was closed. There was no discussion amongst the Commission. MOTION was made by Commissioner Rosenzweig and seconded by Commissioner Miller to approve Item 6, adopted Ordinance 2015/018. Voice Vote: Nays: 0 Enactment No: ORD 2015/018 QUASI-JUDICIAL PUBLIC HEARINGS 5 - Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb Andrew Maurodis, City Attorney, performed the oath for all wishing to speak on Items 1, 2 and P.H : APPLICATION 15-I-94 Applicant: O2 MEDIA, represented by Corporate Property Services, Inc. Proposal: Site plan approval to modify the parking lot area and convert an 11,340 square-foot general industrial building to office use. Location: The property is a 2.04-acre parcel described as a portion of Parcel A, SUMCOT EXECUTIVE PLAZA plat, more particularly described in the file, and located at 3850 & 3860 N. Powerline Road. Page 4

5 QUASI JUDICIAL PUBLIC HEARINGS CONTINUED Robert Locherie, representing the applicant, outlined the site plan application; the conversion of approximately 11,300 square feet of Industrial use with an existing industrial building to an office use. O2 Media will use the facility as their headquarters. Amanda Martinez, Director of Planning & Development Services, said the application complies with all Code requirements. Mayor Robb opened the public hearing; there was none to speak and the public hearing was closed. There was no discussion amongst the Commission. MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig, to approve Item 1, adopted Resolution 2015/102. Voice Vote: Nays: 0 Enactment No: RES 2015/ Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb 2. P.H : APPLICATION 15-RM15-56 Applicant: DR HORTON, represented by Dwayne Dickerson Proposal: Site plan approval for the construction of 44 townhomes (identified as Urban Village of Deerfield Beach). Location: The property is an approximate 3.85-acre parcel described as a portion of RUTH RIDGE, more particularly described in the file, and located at 154 S.E. 3rd Court. Christina Belinki, representing the applicant, waived the quasi -judicial process. Thereafter, she provided a PowerPoint outlining the details of the Urban Village project. The site is located on the southwest corner of SE 3rd Court and SE 2nd Avenue; being zoned residential medium (RM), 15 dwelling units per acre are allowed. Notwithstanding, the applicant is proposing 44 townhomes which is units per acre. The development is proposed to have three (3) access points, two (2) from SE 3rd Court and one (1) from SE 4th Street; vehicular access from SE 2nd Avenue was obstructed to allow a pedestrian connection into the development. Also proposed are benches and a landscaped area around the connection. The project meets all development requirements, as well as landscape code. The townhomes will be approximately 1500 square feet per unit, 3 bedrooms/2 bathrooms. A traffic study was also performed; which estimates approximately 256 gross daily trips. The City has a threshold in the Land Development Code of 500 trips to trigger a traffic study; nevertheless, the proposed project is well below that threshold and the analysis has been reviewed and accepted by staff. The Community Appearance Board suggested more shade trees along the perimeter of the project; which was accomplished on the north, east and west. A large buffer area and large shade trees are also included. To the south, there is a conflict with an existing power line and the landscape had to be kept shorter; however, there are trees there that meet the landscape code. Ms. Belinki provided photos of the trees being planted, the elevation of the property and other features being incorporated. Page 5

6 QUASI JUDICIAL PUBLIC HEARINGS CONTINUED Mayor Robb said this project is 4 blocks south of the post office on Hillsboro Boulevard; thereafter, she provided a history of the property and why the lot has been vacant since Commissioner Battle commended Staff for including a fiscal impact statement and historical analysis. This project should generate $48,940 in impact fees and an estimated $74,456 in tax revenue; there are no historical concerns with this property. She said she met with Mr. Dwayne Dickerson regarding the project. Vice Mayor Ganz said he met with Ms. Belinki and Mr. Dickerson and has no concerns with the project. Mayor Robb opened the public hearing. Sylvia Poitier, former District 2 City Commissioner, clarified that this property is not the cemetery lot. Further, she commented on the lady who lived on the property; whereby, Ruth Poitier left it for her heirs. When the property was torn down, it was a nuisance. Ms. Poitier also said there should be consideration for affordable housing. There was a brief discussion regarding the property being for sale and not rent, as well as having affordable housing. Mayor Robb closed the public hearing. MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to approve Item 2, adopted Resolution 2015/103. Roll Call: Nays: 0 Enactment No: RES 2015/ Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb 3. P.H : APPLICATION 15-RM15-57 Applicant: DR HORTON, represented by Dwayne Dickerson Proposal: Site plan approval for the construction of 36 townhomes (identified as Sherwood Village at Deerfield Beach). Location: The property is an approximate 3.58-acre parcel described as Parcel A, HYDER PLAT, more particularly described in the file, and located at 400 N.E. 48th Street. Christina Belinki, outlined Item 3, requesting site plan approval for 36 townhouse units; thereafter, she provided a PowerPoint outlining the location and details of the proposed townhome community. The development is located on the southeast corner of SE (s/b NE) 48th Street and FAU Research Parkway/NE 3rd Avenue. The property is zoned RM15 and allows for 15 dwelling units per acre by Code; however, the request is for 10. The project is surrounded by residential to the north, south, east and west. Access is being proposed from NE 3rd Avenue and NE 48th Street; the access has been reviewed by the City and Broward County, which was approved by both. The site plan meets all development regulations and landscape code requirements. Page 6

7 QUASI JUDICIAL PUBLIC HEARINGS CONTINUED There is an existing landscape buffered area adjacent to NE 48th Street and NE 3rd Avenue; thus, much of the land will be maintained except for the entrance locations. Ms. Belinki said there is a right in only off NE 3rd Avenue and a right in/right out off of NE 48th Street. The townhomes will be 3 bedroom units at approximately 1500 square feet per dwelling unit. Amanda Martinez, Director of Planning & Development Services, said the application meets all Code requirements. Commissioner Battle said the project will generate $63,470 in impact fees and an estimated $61,000 in tax revenue. She said when she met with Mr. Dickerson; her concern for both properties were whether there would be firewalls on both floors and was assured of such. Dwayne Dickerson, representing DR Horton, Dunay, Miskel Backman, 14 SE 4th Street, Boca Raton, said he contacted the contractors and was told that there is a CBS concrete wall being constructed from the floor to the top of the roof structure; any wood in the roof structure is treated with fire retardant materials along with the use of fire retardant foam in certain areas. Commissioner Battle said the project is not yet in District 2 and outlined the location of the proposed project going into a mobile home park; whereby, there is already low income housing and this will be a market rate project for purchase. There was a brief discussion amongst Commissioner Rosenzweig and Mr. Dickerson regarding the Florida Building Codes. Mayor Robb asked that DR Horton send representatives to the Chamber of Commerce Job Fair on June 3rd to increase employment for the residents. It will be held at the Central City Campus, 2nd floor from 5 to 7 p.m. Mayor Robb opened the public hearing, there was none to speak and the public hearing was closed. MOTION was made by Commissioner Miller and seconded by Commissioner Battle to approve Item 3, adopted Resolution Voice Vote: Nays: Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb Enactment No: RES 2015/104 PRESENTATIONS 1. Certificate of Appreciation presented to Erica Rubin, Executive Director of the International Society of Autism, for her generous assistance to the City of Deerfield Beach. Sponsors: Ganz Vice Mayor Ganz read and presented a certificate to Erica Rubin, Executive Director of the International Society of Autism. Page 7

8 PRESENTATIONS CONTINUED 2. Proclamation in honor of Edward Dietrich Sr.'s 99th Birthday and his contributions to the City and Broward County. Sponsors: Office of the City Manager Mayor Robb read and presented a proclamation to Ed Dietrich, Jr., in celebration of his father's 99th birthday celebration. Commissioner Rosenzweig said he plans to nominate Mr. Dietrich as a veteran going into the Mayor's gallows, as he deserves recognition for his service. AUDIENCE TO BE HEARD Sylvia Poitier, former District 2 City Commissioner, outlined the contributions Ed Dietrich Sr. made to the Black community and expressed gratitude for him helping get people into homes. Patrice Spychalla, 308 SE 10th Street, Deerfield Beach, said she has met with the Historical Society regarding pavers in the Butler House and will be supporting the effort. Further, Ms. Spychalla asked about whether the City has special rates for residents, as the fees for her event, 2015 Culture Fest, are exorbitant. Burgess Hanson, City Manager, said he will speak with Ms. Spychalla through the special events process regarding the fees, as there are resident and non-resident rates; however, rates for public safety are not set by the City but by Broward County. Ms. Spychalla expressed concern with paying exorbitant fees to use a local park as a taxpayer. She said she hopes Culture Fest will become a series of events throughout the year and asked for support from the Commission. Caryl Berner, 3130 Cambridge F, Deerfield Beach, asked if the moment of silence is permanent or temporary. Mayor Robb said it will be discussed at the end of the meeting. Katy Freitaug, 418 SE 2nd Street, Deerfield Beach, expressed dissatisfaction with Mayor Robb's comments at the May 5th Commission Meeting regarding a resident. Further, Ms. Freitaug said land should be given to the resident for a community garden, along with direction. Hope Gormandy, 429 SE 2nd Street, Deerfield Beach, said in her neighborhood, SE 2nd Street has become a dangerous passageway; moreover, drivers are constantly using shortcuts to avoid traffic on Federal Highway and Hillsboro Boulevard. Sadly, this past Saturday morning, May 15th, on SE 2nd Street, an oncoming vehicle struck a small dog as he was traveling 30 mph. Ms. Gormandy continued to outline the traffic conditions on 2nd Street. She further commented on the road resurfacing project that will bring additional traffic to SE 2nd Street and asked that traffic calming devices be installed for the safety of the residents. David Cohen, 953 SE 6th Street, Deerfield Beach, said the community garden cannot be sustained by the City and there needs to be a perpetual self-replenishing labor pool; school kids. There must be volunteers who are reliable. Page 8

9 AUDIENCE TO BE HEARD CONTINUED Joe Hines, 559 NW 47th Terrace, Deerfield Beach, commented on the impending increase of the fire assessment fee from $175 to $213; generating approximately $13 million. The presenter stated that any revenues earned by the fire rescue fee cannot be used by EMS service; as was addressed in the 2002 ordinance. Mr. Hines said any funds used to pay fire pensions were prohibited by use of the fund. The revenues are deposited into the General Fund and lose their identity at that moment. He further commented on a March 2015 article in the Observer whereby, Fire Chief Rusty Sievers said 85% of calls were EMS related; thereafter, he provided calculations of revenue earned by increasing the fire assessment rate. Mayor Robb said that although Mr. Hines referenced the fire contract, it also impacts the police contract as they both expire September 1st. Further, Mayor Robb asked that the City Manager address the issues surrounding the community garden. Burgess Hanson, City Manager, said the Assistant Parks & Recreation Director spoke with Ms. Barbara Miranda regarding volunteers and other procedures for the garden. It was revealed that Ms. Miranda wanted the City to donate property next to the Teen Center; however, Staff does not feel it is an ideal location for a community garden, as it is dedicated for the teen center expansion or other projects if desired. She also requested the design and other work by the City's Engineering Division, which would be a cost to the City. Further, Staff has yet to receive a list of volunteers that was requested by the City Commission last summer. He said he is concerned about a community garden wherein, there may be a huge motivation for the first three (3) to six (6) months that dwindles down and Staff has to take over. There are other organizations in the City that address problems with feeding individuals having economic challenges. Joan Maurice, 1227 SW 25th Avenue, Deerfield Beach, expressed gratitude for the City Commission and Staff for everything done on a daily basis and for continually improving the City. She said there should be more love, compassion and consideration for the work everyone does, including the residents, volunteers, elected officials and staff. Roger Freitaug, 418 SE 2nd Street, Deerfield Beach, commented on having speed bumps installed because of the accidents that occur on the street, as well as the small dog that was struck. He asked what the City is prepared to do to make SE 2nd Street safer. Burgess Hanson, City Manager, said the City Commission changed the traffic calming policy to make it much easier for residents to request speed tables. While funds are somewhat limited this year, they have been designated to areas with high traffic areas near schools or other parts of the City; however, he recommended that Mr. Freitaug contact Brian Donovan, Assistant City Manager, for further assistance. Moreover, Mr. Hanson said during the next fiscal year, by changing the policy, the Engineering and Streets Division will be requesting an increase in the line item for traffic calming. Mr. Freitaug asked if there is a list available to residents. Mr. Hanson said Mr. Donovan can provide the information and answer any questions. Mayor Robb said since it is quite a problem that it be further investigated. Page 9

10 PUBLIC HEARINGS - 2ND READING - CONTINUED 4. P.H : ORDINANCE 2015/016 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION OF THE CITY CODE RELATING TO SPORTS VOLUNTEER BACKGROUND SCREENING; PROVIDING FOR INCLUSION OF A SCREENING REQUIREMENT FOR YOUTH SPORTS ORGANIZATION BOARD MEMBERS; PROVIDING ADDITIONAL GROUNDS FOR DISQUALIFICATION; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. Sponsors: Department of Parks & Recreation The Ordinance was read by title only. Mayor Robb opened the public hearing. Caryl Berner, 3130 Cambridge F, Deerfield Beach, recommended expanding the ordinance to advisory boards. Mayor Robb closed the public hearing. There was no discussion amongst the Commission. MOTION was made by Vice Mayor Ganz and seconded by Commissioner Miller to approve Item 4, adopted Ordinance 2015/016. Voice Vote: Nays: 0 Enactment No: ORD 2015/ Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb 5. P.H : ORDINANCE 2015/017 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTIONS AND OF THE CODE OF ORDINANCES TO REFLECT THE REORGANIZED AND RENAMED DEPARTMENTS, DIVISIONS, OFFICES AND AGENCIES OF CITY GOVERNMENT; DELETING SECTION REGARDING THE CONSOLIDATION OF PUBLIC WORKS AND ENGINEERING DEPARTMENTS; APPROVING THE REVISED ATTACHED ORGANIZATIONAL CHARTS; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. (Fiscal Impact: Net savings of $46, a year) Sponsors: Office of the City Manager The Ordinance was read by title only. Commissioner Battle said when the item was first presented, she questioned the last time desk audits were performed and it was in 2001/2002. She opined that the reorganization tries to achieve greater efficiency and results through constant reorganization of management and staff; however, it will not solve any problems. She said every job in the City should be evaluated to determine if the position is functioning properly and whether the position allows the City to be run effectively. Page 10

11 PUBLIC HEARINGS 2ND READING CONTINUED Mayor Robb said at the conclusion of the meeting, she was encouraged by a fellow commissioner to support the proposed reorganization and believes it was a violation of the Sunshine Law. Thereafter, Mayor Robb commented on positions that are being eliminated; i.e. Finance Manager. Although the employee is not being terminated, she will be taking over Janice Moreno's position; notwithstanding, Ms. Moreno has held the position for the past 10 years. Obviously, the 36 employees who work in Utilities felt strong enough about her to sign a petition opposing moving her from Utilities. Mayor Robb objected to the change. Additionally, she commented on a department head who is being demoted and taking a reduction in salary of $9,800; however, the assistant director is being promoted to acting director with an increase of $4, She said based on this information and other open positions, there will not be a savings to the City. Mayor Robb further stated that she does not have enough information to make an informed decision and if it is not tabled, she will not support it. Mayor Robb opened the public hearing. Katy Freitaug, 418 SE 2nd Street, Deerfield Beach, commented on using consultants instead of hiring so many additional employees. Caryl Berner, 3130 Cambridge F, Deerfield Beach, said she has seen much reorganization over the years; however, she asked for clarification on desk audits. Commissioner Battle explained desk audits and its purpose. Mayor Robb closed the public hearing. Vice Mayor Ganz outlined how the savings would be reached. He said he finds it concerning that the persons Mayor Robb commented on were involved in the OIG investigation; and he cautioned her to use constraint in her decision making, as it appears she is targeting employees. Thereafter, he highlighted s pertaining to Mayor Robb and various e -mails; March 26, 2013 regarding Keven Klopp, former Assistant City Manager, and Charles DaBrusco, Director of Environmental Services. Continuing, in regard to the petitions, Vice Mayor Ganz said management should never be limited to the popularity of an employee to make a change but should have the freedom to do what is best for the organization. The employee is being moved because of the requirement of the Union contract. Lastly, he said targeting individuals is wrong. Mayor Robb asked what individuals she has targeted that were a part of the OIG report because the engineering department was not involved in the OIG report. Vice Mayor Ganz named David Santucci, Purchasing Director/Assistant to the City Manager, Bernard Buxton-Tetteh, Assistant Director of Environmental Services, and Charles DaBrusco, Director of Environmental Services. Mayor Robb said Mr. DaBrusco did not testify; perhaps the other two (2) did, but she never mentioned Mr. Santucci. She said her comments were based on Mr. Buxton-Tetteh being promoted with an increase. She reiterated her disbelief that there would be a savings. Mayor Robb further commented on there being low morale in the City. Page 11

12 PUBLIC HEARINGS 2ND READING CONTINUED Commissioner Miller said he would like the City Manager to share how he derived at the savings of $46,000. He also agreed that there needs to be an assessment; however, in the short term, there may be things that need to be done. Further, the City Manager has constraints of the Union contract with bumping rights. Burgess Hanson, City Manager, said a pay in class and desk audit will be performed in the next fiscal year on all the positions, if approved by the Commission. In regards to the reorganization, it is not being done to hire new employees or benefit any management employees, but out of necessity. The building inspection services will no longer be housed under the City as well as Code Enforcement. He explained that code enforcement serves more of a community and economic development purpose more so than a law enforcement mentality, which has been an issue for many years. BSO is also working as an agency to remove themselves from other cities to provide code enforcement. As a result, he does not need the Finance Manager position, which was eliminated; thus, that person has exercised her rights under Union contract to take on a position she previously held in the Environmental Services Department. He said the bumped person is not being terminated from the organization, but there is a vacant position she can go to, which is located in the same building. Additionally, Mr. Hanson said the reorganization is coming forward because a year ago a decision was made to no longer use CRA of Florida for Community Development Block Grant, State Housing Initiative Program and other grants, but to enter into an agreement with the Deerfield Beach Housing Authority (DBHA). As a result, the responsibilities were shifted from Senior Services under the City Manager's Office; whereby, a contract position is being eliminated and being replaced with a Community Development Division Director. These changes will allow the hiring of someone in-house with a great understanding of Housing and Urban Development regulations and policies so there are no issues working with the DBHA. The DBHA is not responsible for those monies, but only to help the City; Staff would be able to oversee the process. Continuing, Mr. Hanson said he wants to move capital projects under the City Manager's Office, which will fall under Purchasing and Contract Administration because a capital project is contract administration. He commented on the old public works facility and Station 102 wherein, the City did not receive the certificate of occupancy until 10 years later. Mr. Hanson explained that capital projects are necessary and will be eminent in the next year or two, which he outlined. Moreover, he said he has one of the best management teams in this area. There are a lot of highly qualified and motivated employees and when recommendations are made, it has nothing to do with favoritism. Also, the Assistant City Engineer position is being eliminated and Mr. Buxton-Tetteh will be the City Engineer who will be overseeing the capital projects. Mr. Hanson commented on the success of projects with Mr. DaBrusco spearheading them. If adopted, Mr. Buxton-Tetteh will be the City's first African American engineer. Additionally, Mr. Hanson said it says something that employees are not fearful about signing a petition because he does not retaliate against employees. Morale has been low to a certain degree because many employees took a 5% pay cut and many non-represented employees have not had a raise since The reorganization is not about retaliation or giving raises, but depending on the reclassification compensation may be received. When someone is taking over a span of control for supervisory positions, then compensation is certainly considered. He reiterated the importance of a desk audit; however, it is important to note that some positions may be over or underpaid. Page 12

13 PUBLIC HEARINGS 2ND READING CONTINUED Mayor Robb said that Vice Mayor Ganz said to her at the end of the last meeting that she should support the reorganization which she feels is a violation of the Sunshine Law and will be filing it. Vice Mayor Ganz denied the allegations; but stated on the dais that she should have a conversation with Mr. Hanson on this subject. MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to approve Item 5, adopted Ordinance 2015/017. Roll Call: Nays: 3 - Commissioner Miller, Commissioner Rosenzweig and Vice Mayor Ganz 2 - Commissioner Battle and Mayor Robb Enactment No: ORD 2015/017 CONSENT AGENDA Prior to voting, Mayor Robb opened the public hearing; there was none to speak and the public hearing was closed. MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to approve Items 7-16 of the Consent Agenda. Roll Call: Nays: Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz, and Mayor Robb 7. Resolution 2015/105 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving Amendment 002 to the contract between the Areawide Council on Aging of Broward County, Inc. and the City of Deerfield Beach/Northeast Focal Point Senior Center for Alzheimer's Disease Initiative (ADI-State funding) JZ for an increase in funds of $86,501.65, for a total of $519, (Fiscal Impact: Increase in revenue of $86,501.65) Enactment No: RES 2015/ Resolution 2015/106 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the 2015 amendment to the interlocal agreement with Broward County providing for division and distribution of the proceeds from the Broward County local option gas tax imposed by the Broward County local option gas tax ordinance. Enactment No: RES 2015/106 Page 13

14 CONSENT AGENDA CONTINUED 9. Resolution 2015/107 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the 2015 amendment to the interlocal agreement with Broward County providing for division and distribution of the proceeds from the Broward County additional local option gas tax motor fuel ordinance. Enactment No: RES 2015/ Resolution 2015/108 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the 2015 amendment to the interlocal agreement with Broward County providing for division and distribution of the proceeds from the Broward County fifth cent additional local option gas tax on motor fuel for transit. Enactment No: RES 2015/ Resolution 2015/109 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, reappointing Naomi Gayle and Marta Rivera as regular members to the Deerfield Beach Housing Authority; providing for an effective date. (Tabled from May 5, 2015) Enactment No: RES 2015/ Resolution 2015/110 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, recommending GBS Enterprises LLC be approved as a Qualified Targeted Industry Business pursuant to S Florida Statues, and providing for local financial support in the form of cash; providing for an effective date. (Funds from Account # City Manager/Economic Development/Other Contractual Services [$72,000.00]) Enactment No: RES 2015/ Resolution 2015/111 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, authorizing the renewal of the contract with Door Systems of South Florida and Above All Garage Door of South Florida, Inc. for the purchase and installation, service and repair of overhead doors and grills pursuant to Southeast Florida Governmental Purchasing Cooperative Bid ITB# /10 for an amount as approved in the applicable fiscal year budget by the City Commission. (Funds from Account Other Contractual Services [$15,000.00]) Enactment No: RES 2015/111 Page 14

15 CONSENT AGENDA CONTINUED 14. Resolution 2015/112 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving a special event application for the closure of the Deerfield Beach International Fishing Pier for the 9th Annual Pier and Beach Cleanup from 9:00am until 12:30pm on June 6, 2015 and a viewing event for the sinking of the Rapa Nui, newest artificial reef in Deerfield Beach, on Sunday, June 7, 2015 from 9:00am until 12:00 noon; a waiver of parking fees for eighty (80) spaces at the main beach parking lot and four (4) parking spaces along Ocean Way to provide free parking for both Saturday and Sunday and one (1) additional dumpster for pier and beach cleanup for a total in -kind amount of $3, Enactment No: RES 2015/ Motion approving the submission of a letter of support for the Broward Metropolitan Planning Organization (MPO) Regional Complete Streets Initiative as part of the United States Department of Transportation (USDOT) TIGER Grant application. Sponsors: Battle 16. ORDINANCE 2015/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 2-4 OF THE CITY OF DEERFIELD BEACH CODE OF ORDINANCES PROVIDING FOR THE ADVANCE PAYMENT OF THE COST OF EXTENSIVE RESEARCH AND COPYING OF PUBLIC RECORDS; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE, CONTAINING AN EFFECTIVE DATE. GENERAL ITEMS - CONTINUED 17. Resolution 2015/113 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, authorizing the City Manager to renew the agreement with Recycling Perks, LLC for recycling incentive rewards program and related services for a one (1) year renewal term for an amount as approved in the applicable fiscal year budget by the City Commission. ( Funds from Account # Other Contractual Services [$120,000 annually]) The Resolution was read by title only. Mayor Robb opened the public hearing. Katy Freitaug, 418 SE 2nd Street, Deerfield Beach, expressed concern with the renewal contract cost being $120,000 and only having 4,100 residents signed up. She said she believes the City can do its own marketing within the City without having to contract it out for the year. She also commented on an event with the Deerfield Beach Women's Club; whereby, they would not allow them to add marketing to their page as well as a car giveaway that makes her feel the company is immoral. Page 15

16 GENERAL ITEMS - CONTINUED Mayor Robb closed the public hearing. Commissioner Miller asked if the Administration had any objections to the contract renewal. Burgess Hanson, City Manager, replied that he concurs with Staff recommendation. Mayor Robb said condominiums are not signed up, which may impact the participants. Chad Grecsek, Director of Recycling and Solid Waste, said this program was rolled out in 2012 with the All In Recycling Program; since initiation, there has been a 20% increase in recycling tonnage. Recycling Perks has recently opened the program to multi -family communities, as well as Century Village. Overall, Staff is very pleased with the program and the results have been positive, along with the community. Mayor Robb said that she believes residents will recycle whether there is an incentive or not; moreover, with only 4,100 participants, she does not see the value. Commissioner Rosenzweig asked what the program returns. Mr. Grecsek replied that the rewards available to the residents can total up to $ 24 per month in discounts and coupons. Commissioner Rosenzweig clarified the question pertaining to the return to the City. Mr. Grecsek replied that when recycling tonnage is increased, it allows the City to receive revenue for that material and any materials diverted from disposal, which the City currently pays $43.75 per ton; thus, with recycling, the City receives more revenue and diversion. Those are the two (2) main reasons why recycling has always been popular in the City because it saves money and brings in revenue. Documentation was prepared by the vendor regarding the return on investment; the cost the City pays is approximately 60 cents per household and the actual benefit a resident can obtain is $24 plus monthly. Commissioner Rosenzweig said approximately 50 people in Century Village signed up over the weekend and hopes that it will increase. Commissioner Battle spoke in support of the program and recommended involving the schools, as this could be a great program for the City. Commissioner Miller asked if the City can spearhead a marketing program this year to double participation. He also said there needs to be assistance for people who do not know how to redeem their points. He also spoke in support of the program. Mr. Grecsek said Staff is also implementing performance metrics, i.e. number of new sign ups and redemptions, to encourage participation and to use the program. Also, the addition of multi-family residences and businesses; if a business recycles with the City, their employees will now be eligible to receive rewards. He explained that the businesses pay a minimal fee to recycle. Page 16

17 GENERAL ITEMS CONTINUED In response to Mayor Robb's question, Mr. Grecsek replied that when residents in Century Village sign up, their address is coded to a certain dumpster within the community and once it is serviced, the information is recorded and points are distributed appropriately. MOTION was made by Vice Mayor Ganz and seconded by Commissioner Miller to approve Item 17, adopted Resolution 2015/113. Voice Vote: Nays: 0 Enactment No: RES 2015/ Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb 18. Resolution 2015/114 - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the property, liability and workers' compensation insurance proposal from Preferred Governmental Insurance Trust. (Funds from various accounts, see departmental memo) The Resolution was read by title only. Mayor Robb opened the public hearing; there was none to speak and the public hearing was closed. There was no discussion amongst the Commission. MOTION was made by Commissioner Battle and seconded by Commissioner Rosenzweig to approve Item 18, adopted Resolution 2015/114. Voice Vote: Nays: Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb 19. Discussion regarding a Moment of Silence. Sponsors: Miller Andrew Maurodis, City Attorney, said last year the U.S. Supreme Court attempted to resolve the issue of invocation before meetings; the case involved the Town of Greece in New York. The Supreme court issued a 5-4 opinion and ruled that it was constitutional to have a prayer/invocation of a religious nature to begin a governmental meeting. It was thought to be a great victory for proponents of prayer before meetings, but in the reasoning of the Supreme Court, approving the practice of the Town of Greece, in having that prayer, the Justice writing for the majority specifically pointed out that the Town had permitted the opportunity for atheists, lay persons and on one occasion, a wicked priest to provide the invocation at the beginning of the meeting. While the concept of prayer before a meeting was approved and while it was specifically stated that when certain ministers of various religious background would pray to their deity, the City could not direct that person not to pray to their god. The City must restrict any proselytizing or disparagement of other religions, but the Court Page 17

18 GENERAL ITEMS CONTINUED specifically indicated that the City could not regulate the nature of the prayer; therein lies the problem that has been created for many cities in that now there has been provided the authorization of the sanction approving a pre-commissioned prayer. He explained that atheists have requested the opportunity to speak before meetings and have been granted in many cases and some persons representing quasi religions or points of view that are not noted as religions have also made the same requests. Mayor Robb said since the City was incorporated in 1925, there has always been a prayer/invocation prior to opening the meeting. She said she does not care who wishes to pray, i.e. atheists; however, she does not feel people should be stopped from praying as it is a deprivation of rights. There was a brief discussion regarding the audience participating with the invocator and the invocator not ending the prayer relative to their deity. Commissioner Battle said if someone comes to the meeting and prays to the devil, she will excuse herself from the Chambers. Mayor Robb opened the public hearing. Rita Masi, 261 NE 19th Avenue, Deerfield Beach, spoke in support of continuing the invocations. Denise Bogner, 1157 SW 26th Avenue, Deerfield Beach, spoke in support of a moment of silence. David Cohen, 953 SE 6th Street, Deerfield Beach, spoke in support of a moment of silence. Bernie Parness, 3074 Hardwood F, Deerfield Beach, spoke in support of a moment of silence. Caryl Berner, 3130 Cambridge F, Deerfield Beach, spoke in support of a moment of silence. Verna Rosenzweig, 97 Farnham E, Deerfield Beach, spoke in support of a moment of silence. Jerry Zygmunt, 955 SE 6th Street, Deerfield Beach, spoke in support of a moment of silence. Kathy Maggi, 125 SW 34th Avenue, Deerfield Beach, spoke in support of a moment of silence. Phyllis Mavrikis, 333 NE 21st Avenue, Deerfield Beach, spoke in support of continuing invocations. Anthony Dispenziere, 1212 SE 10th Terrace, Deerfield Beach, spoke in support of continuing invocations. Ava Swenson, 1193 SE 1st Way, Deerfield Beach, said although she would love to continue the invocations, a moment of silence gives the responsibility to the public instead of having someone pray as a mockery. Page 18

19 GENERAL ITEMS CONTINUED Joan Maurice, 1227 SW 25th Avenue, Deerfield Beach, spoke in support of a moment of silence. Mayor Robb closed the public hearing. Vice Mayor Ganz said he believes that a moment of silence will likely allow more prayer among the public than by having certain people disagree with the prayer going forward. Lastly, he applauded Commissioner Miller for bringing the item forward. Commissioner Miller said that over his tenure as City Commissioner, he has had the opportunity to meet various individuals at the meetings and although many churches in the City are Christian, other religions have been represented at the meetings. Nevertheless, the Commission is elected to serve the public, regardless of their religious affiliation, as the City is a secular organization, not a church. He said he believes in prayer; however, because Satanists and others are allowed to pray, it will likely be a mockery of the time. Lastly, he said a moment of silence would be more inclusive than exclusive. Mayor Robb said she does not believe in a moment of silence; however, not everyone is offended by the invocators. Commissioner Miller recommended having a silent meditation, having ministers come to the meeting and possibly doing the pledge and help guide people in their prayers. Commissioner Rosenzweig said that defeats the moment of silence. Mr. Maurodis said the rules of procedure adopted tonight will need to be revised; Section 4b. It was the consensus of the Commission to use a moment of silence in place of the invocation for a full 60 seconds. MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to revise section 4b, the rules of procedure, Resolution 2015/115, replacing invocation with a moment of silence. Roll Call: Nays: 4 - Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, and Vice Mayor Ganz 1 - Mayor Robb COMMENTS BY CITY MANAGER AND CITY ATTORNEY CITY ATTORNEY Shade Meeting - Andrew Maurodis, City Attorney, requested meetings for two (2) cases and recommended next Tuesday, May 26, 2015 at 6:45 p.m. The two (2) matters are Al Capellini v City of Deerfield Beach; Nosara v City of Deerfield Beach and Deerfield Beach v Nosara regarding the beach lots and the trailer on the beach. Page 19

20 COMMENTS BY CITY MANAGER AND CITY ATTORNEY CONTINUED Burgess Hanson, City Manager, said he will be available via cellular; however, they have thoroughly discussed the strategy. MOTION was made by Commissioner Miller and seconded by Vice Mayor Ganz to hold two (2) shade meetings on May 26, 2015 at 6:45 p.m. for the topics outlined. Vice Mayor Ganz said Mayor Robb may have a conflict in the first matter. Mayor Robb said she does not have a conflict because Al Capellini is suing the City and Bill Sheer is representing him. Vice Mayor Ganz said the conflict is in regard to the invoice that is for the same attorney that she has shared with Mr. Capellini. Mr. Maurodis said he has received an opinion on that, but before the meeting he will confer with the general counsel of Ethics Commission to make sure there is no conflict. Roll Call: YEAS: Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb. NAYS: None. CITY MANAGER Budget Workshop Sessions - Burgess Hanson, City Manager, said the budget workshops will be held on June 30th and July 1st at 6:30 pm tentatively scheduled at the Central City Campus. IUPAT Agreement - Mr. Hanson said the City has met a tentative agreement with the International Union of Painters & Allied Trades and will hopefully go to a ratification vote; language issues are being addressed prior to its presentation to the membership. Emergency Repair - Mr. Hanson said it appears that there was a water main break tonight under the Intracoastal requiring an emergency repair. Although costs are unknown, he asked that authorization be given of up to $50,000 to allow him to pay for whatever the repairs may be; however, if the cost is above $50,000, a special meeting would be needed for the Commission to approve the excess amount. After a brief discussion, it was the consensus of the Commission to allow the City Manager to utilize funds necessary for the repairs. MOTION was made by Commissioner Miller and seconded by Commissioner Rosenzweig to allow use of funds necessary by the City Manager to repair the water main. Roll Call: YEAS: Commissioner Battle, Commissioner Miller, Commissioner Rosenzweig, Vice Mayor Ganz and Mayor Robb. NAYS: None. Affordable Housing - Mr. Hanson said that many western community municipalities try to avoid implementing affordable housing; therefore, cities such as Pompano Beach, Deerfield Beach and Fort Lauderdale tend to cooperate which causes the taxable assessments to be low for the City. He said staff attended the Broward County Affordable Housing Symposium and will provide an update. Page 20