07-12-11 Special Workshop Meeting MinutesSPECIAL/WORKSHOP MEETING
DULY 12, 2011
A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Nelson S. McDuffie in the First Floor Conference Roozx~ at City Hall at
G:01 p.m., an Tuesday, July 12, 2011.
Roll call showed:
Present - Commissionex Tbomas F. Carney, Jx.
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - Commissioner Fred B. Fetzer
Also present were - David T. Harden, City Manager
Brian Shutt, City Attoxtxey
Chevelle D. Nubia, City Clerk
Mayor Nelson S. McDuffie called the special/workshop meeting to order and announced that it had
been called for the purpose of considering the following Items.
SPECIAL MEETING AGENDA
1. BID PROTEST/BRANG CONSTRUCTION, INC.: Consider a bid protest filed by Brang
Construction, Inc. regarding renovations to the Pompey Park Concession Stand.
Mr. Brian Shutt, City Attorney, stated this item should be conducted as aQuasi-Judicial Hearing.
Mayor McDuffie read the Cit~T of Delray Beach procedures far aQuasi-Judicial Hearing into the
record for this item.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this
item.
Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel
stated he spoke with Mr. Shutt, City Attorney. Mrs. Gxay stated she spoke with Ms. Patsy Nadal
and Mx. Dewayne Randolph. Mayor McDuffie stated he too spoke with Mr. Shutt. Mr. Carney
stated he spoke with Mr. Gary Eliopaulos regarding the concept of bid protests.
Mr. Randal Krejcarek, City Engineer, entered project file 2010-128 rota the record and stated
this item has to do with a bid protest for the Pompey Park Concession Stand Remodeling. He
discussed the plan to renovate the stand at the park as well as the bid documents. He stated
Parks and Recreation indicated they would like to have it completed by this coming fall and the
bid documents that were put out fox public bid included a line on the bid page for the number
of days to complete the project. We received bids and subsequent bid protests. Mr. Krejcarek
discussed the bid protests.
Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition
of the bid protest, to please come forward at this time.
Matt Wolff Project Manager for Brang Construction, read a prepared statement by the
owner into record regarding the Brang Construction submission and the bid protest.
Dewayne Randolph, Randolph & Dewdney Construction, stated there is no documentation
entered in any of the documents for the bid award to imply that tirxxe was of the essence or to be
considered as a determining factor of this bid award. He referenced the bid documents and
stated his competitors were not the low bidders. He mentioned the factors to be considered far
awarding this bid based on the documents.
There was no cross-examination or rebuttal.
Mr. Frankel stated he will support staff's recommendation and reject the bid protest.
Mrs. Gray stated if the time certain was not indicated in the paperwoxk, she will also support
staff s recommendation.
Mr. Carney stated he reviewed the information carefully and timeframes were not clear. He
agrees with staff s recommendation.
Mayor McDuffie is disappointed that we are in this position. He stated something needs to be
explicitly stated in the contract regarding timeframes. He concurs with fellow Commissioners
and agrees with staff's recommendation.
Mr. Frankel moved to approve the bid protest, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No; Mr.
Carney - No. Said motion denied with a 4 to 0 vote.
2. BID AWARD/ RANDOLPH AND DEWDNEY CONSTRUCTION, INC.: Consider
approval of a bid award to Randolph and Dewdney Construction, Inc. in the amount of
$456,710.00 for renovations to the Pompey Park Concession Stand. Funding is available from
334-4127-572-62.10 (General Construction Fund: Building}.
Mr. Krejcarek presented this item giving an overview of the project.
Mr. Frankel commented regarding the budget. He stated both the concession stand and the
press box, even with Miller Park, are lug.-guy items in light of where we are with the budget. He
stated he cannot support this as it is nearly one third of the deficit we are looking at for next
year.
Mrs. Gray stated although we are having difficulties regarding the budget, this project is already
budgeted for and needed for safety. She stated she is in favor of this budget going forward.
Mr. Carney stated he has stated previously that he understands why the concession stand needs
to be addressed there; but the scope of this project is much larger than necessary and this could
have been done with half of the space and could be accomplished with much less money. He
would support it for a lesser amount of money than this. He stated he has been consistent on
this point.
Mrs. Gray stated more meeting space is needed at Pompey Park.
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July 12, 2011
Mayor McDuffie asked where we stand on budget with this project. Mr. Harden stated this is a
budgeted project ixz this year's budget.
Mrs. Linda Karch, Parks and Recreation Director, stated she asked the Community
Redevelopment Agency (CRA) for help on this project and we were turned down. She stated
she supports this project and strongly recamrnends that we move forward on this project.
Mr. David T. Harden, City Manager, stated we have done a total renovation of Miller Field with
all of the facilities there with the exception of the Little Fenway press box. Pompey Park has
been completed in. pieces and this is the last piece. He stated it is important to get this done.
Mr. Carney stated he was not a part of the initial process for Miller Park and his view would
have been the same. He stated he is not suggesting that this project not be done just that it
should not be done now.
Mrs. Gray reiterated that it is budgeted for now.
Mr. Harden stated we have got to do something, the stairs are unsafe and asked if Commission
will consider a lesser project.
Mr. Carney referenced certain components of the project.
Mayor McDuffie stated if there is a safety issue, it has to be coxed. However, right now the
expenditure for the total project is a thixd of what we need when looking at the budget.
Mrs. Gray asked about the first phase of the project.
Mr. Carney stated he would have to see the presentation again regarding the first phase.
The City Manager suggested tabling this item until there is a full Commission.
Discussion continued and it was the consensus of the Commission to table this item.
Mr. Carney moved to table the bid award until the August 2, 2011 Regular Meeting, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - No; Mayor McDuffie
- No; Mr. Carney - No; Mr. Frankel - No. Said motion passed with a 4 to 0 vote.
Mayor McDuffie adjourned the Special Meeting at 6:31 p.m.
V~ORKSHOP 1VIEETING AGENDA
1. Citywide Economic Development Financial Incentive Program
Mr. Richard Reade, Sustainability/Public Information Officex, stated we wanted to came to
Commission and talk about the various economic development options that were available to
the city for the properties outside of the CRA and citywide.
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July 12, 2011
Commission authorized staff to proceed with reviewing these types of opportunities and we
looked at various cities and talked to various agencies and came up with questions before we
could xecotxxinend opportunities to the Conat~~i.ssion. Mx. Reade reviewed the questions as well
as the report with the Commission.
Mr. Carney stated he likes the report alot. He stated he was on the CRA with the program they
developed and mentioned some of the incentives. He stated he does not know whether we will
need a referendum or nat. He discussed the expansion of the CRA, rebate taxes and the
concept of the enterprise zone, etc. He stated it was a great report.
Mr. Harden briefly discussed rebate taxes.
Mrs. Gray thanked staff for the report. She is not ii1 favor of expanding the Community
Redevelopment Agency (CRA} but is in favor of looking at hiring an Economic Development
Director to work in the city overall. She mentioned a meeting she attended regarding federal
Highway, developing the land for additional tax revenue and certain incentive pxogra:tx~s fxoxzz
when she served on the CRA Board. She stated we should put emphasis on our schools here in
the city.
Mr. Frankel asked what is the status of hiring the Economic Development Director.
Mrs. Lula Butler, Community Improvement Director, responded and stated they are narrowing
down the applications and interviews will begin next week. They hope to have someone hired in
one month.
Mr. Frankel mentioned a person who wanted to bring a business to Delray Beach's downtown
area with 90 positions that he would hire; yet because of our potential change to in-lieu parking
regulations, it would cast him an extra $400,000. So, this person is not coming. He stated things
the Commission does or does not do can have an effect. He indicated this would not be retail to
restaurant renovation. Mr. Frankel stated there are a lot of great ideas and since there is a lot of
detail here he would want to know the opinion of the person that is hired and hear their
direction. Mr. Frankel also wants to hear more about incentives.
Mayor McDuffie clarified that the Economic Developzxient Director will work for the entire city
and not just the CRA district. He mentioned the technical assistance plan and discussed a
meeting he attended in Boca Raton. He would like to see specialists in the field brought into the
comtxaunity to discuss this. Mayor McDuffie mentioned the enterprise zone and stated we need
to leverage every area of the state that we can to help us with this. He would like to hear from
the new Economic Development Director as well once the person is brought on board. He
would like for us to look at the technical assistance plan and also at the Florida Atlantic
University (FAU} expansion regarding the new medical center coming into there. He stated he is
very happy with the report and would like to heat about the Community Development District
(CDD) and asked about the eight {S) business districts.
2. FY 2012 Budget
Mr. Harden stated we emailed Commission a copy of the budget and sent out a hard copy as
well and he wants to present additional information about it. He spoke regarding the General
Fund and stated the 2011. column is after the midyear budget review. He stated we are looking at
a $'a million gap that we have to deal with. He provided a summary by department and stated
Commission will see that every budget has been decreased with three exceptions.
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Mr. Harden explained the increase to debt service. He stated overall we are approximately 2.5%
below our expenses for 2011. He stated we are trying to develop various ways to address the gap
and will have more to say as far as different options next week. He provided an additional
handout showing cuts that have been made as well as the proposed budget and. prior year's cost
by line item. Mr. Harden discussed the various rnillages and rollback rate. The millage rate would
have to be 7.19 to bring iza the same revenue or 7.8 or 7.9 in order to close the entire gap. He
stated another option is the Fire Service Assessment and staff will provide more information on
that; he discussed the Boynton Beach and Boca Raton Fire Service Fees. He also informed
Commission that staff is in the process of looking at programs. He stated we expect to have the
final report of the ICMA Study by then end of next week. Mr. Harden stated last year we opened
the early retixezxzent window for general employees and we need to do that again; recommends
an additional 12 months of insurance after their retirement date as an added incentive. He stated
the item will be placed on the agenda next week to discuss it further. Mr. Harden suggested
setting a special meeting on July 26, 2011 if necessary.
Mr. Frankel stated he has no problem with the early retirement window being opened and he is
in favor of the fire service assessment.
Mr. Carney thinks the fire service assessment is a good idea and feels another way to reduce our
costs is to look at the contract with Gulfstream.
Mr. Harden stated as in prior years, if anyone wants to go through this in more detail, they can
come in to meet with staff.
Mrs. Gray stated she is not in favor of laying people off
Mayor McDuffie agrees with opening the early retirement window and the health insurance
incentive. He stated he has not been in favor of the Fire Service Assessment but has looked at it
again. It is fairer than the ad valorem tax when it comes to supporting public safety. He
discussed the statutory lizzaitation regarding rnillage rates.
Discussion continued regarding millage.
Mr. Frankel asked if the fire service assessment can be put in place in time for next year's
budget.
Mr. Harden replied that we cannot use the uniform method for collecting it but we could bill it
ourselves either on the utility bills or as a separate billing the first year and the second year we
could use the uniform method and put it on the property tax bill.
Mayor McDuffie thanked staff for all of the hard work thus far and stated the budget will be a
challenge.
Mayor McDuffie adjourned the Workshop Meeting at 7:28 p.m.
City Clerk
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7uly 12, 2011
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special/Workshop Meeting o£ the City Commission held on
Tuesday, ~uly 12, 2011, which Minutes were formally approved and adopted by the City Commission
o~ August 2, 2011.
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve axz~endments, additions or deletions to
the Minutes as set forth above.
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.Tuly 12, 2011