04-09-13 Special Workshop Meeting MinutesSPECIAL /WORKSHOP MEETING
APRIL 9, 2013
A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on
Tuesday, April 9, 2013.
Roll call showed
Present- Commissioner Shelly Pettolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Cary Glickstein
Absent - None
Also present were - Louie Chapman, Jr., City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Glickstein called the Special / Wotkshop meeting to order and announced that it had been
called for the purpose of considering the following Items. However, before discussion began on the
items, Mayor Glickstein brought up for discussion the Local Rules in regards to public comments
for Special Meetings. It was the consensus of Commission to allow public comment on special
meeting items. The City Attorney will bring the Local Rules back with this change for Commission
approval at either the April 16, 2013 or May 7, 2013 Regular Meeting.
SPECIAL MEETING AGENDA
Mayor Glickstein opened the meeting for public comment on the special meeting items.
Public: Henry Handler, on behalf of All Florida Solutions, Inc., stated it has been a pleasure to
serve as the city's lobbyist both before the legislature and executive branch in Tallahassee from
Decembet to this month. He stated noting the incidents of the last week or so they have tendered
their resignation to not create any awkwardness or potential distractions. Mr. Handler stated it has
been a real pleasure to work with Mr. Doug Smith and Mr. Richard Reade; and thanked the
Commission.
Mayor Glickstein then closed public comments as there were no other speakers.
1. AGREEMENT: WEISS HANDLER /ALL FLORIDA SOLUT_I.ONS, INC.: Provide
direction regarding an agreement with Weiss Handler /All Florida Solutions, Inc., for state
lobbying services.
Mayor Glickstein stated much has changed since the last meeting and reiterated that he does not
have any problems with any review of our city's operations and the city will be doing a lot more
of that themselves. He stated Commission has received a letter from Senator Abruzzo stating he
was moving forward with the audit of the CRA.
He then discussed the resignation, the state audit of the Community Redevelopment Agency
(CRA), asked several questions regarding the personal services contract and mentioned the
public records request requested by the Commission.
He stated the Commission must decide whether to accept the resignation and stated he reached
out to Senator Sachs and Representative Hager to determine if there are any issues that may be
impacted by our city not having a lobbyist at this time. He also spoke to Mr. Rich Reade who
advised that terminating the agreement would have no impact at all on pending legislation and
Mr. Reade is present tonight for questions.
Mrs. Gray asked if the contract went out for an RFP and how many quotes were received. She
asked if there was anything legally wrong with the way the Commission proceeded with this
agreement.
Discussion ensued amongst the Commission.
Mr. Jacquet moved to accept the termination request to be effective immediately, seconded by
Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel
— Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with
a 5 to 0 vote.
2. AGREEMENT: LYLE SUMEK ASSOCIATES, INC.: Approve an Agreement with Lyle
Sumek Associates, Inc. in an amount not to exceed $15,000.00 to perform facilitation services
and a review and update of the City's Strategic Plan. Funding is available from 001- 111 -511-
31.90 (General Fund: Professional Services /Other Professional Services).
Mr. Brian Shutt, City Attorney, stated there is a revised insurance provision for this item on the
dais and provided highlights of the agreement.
Mr. Doug Smith, Assistant City Manager, discussed the pricing and format of the goal setting
session.
Mr. Frankel provided an overview of the Commission's goal setting.
Mr. Jacquet questioned the hourly rate, the "not to exceed" amount and suggested that there be
a set rate and a shorter session. In addition, he asked about the Department Head goal setting
and stated he supports going forward.
Mrs. Petrolia also questioned the $200 per hour rate and asked what that entails.
Mrs. Gray moved to approve the agreement with the revised insurance provision, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray —
Yes; Mayor Glickstein — Yes; Mrs. Petrolia --- Yes; Mt. Jacquet Yes. Said motion passed with
a 5 to 0 vote.
3. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF): Consider
ratification of the Collective Bargaining Agreement with the Professional Firefighters &
Paramedics, Local 2928, IAFF.
Mr. Bruce Koeser, Human Resources Director, presented this item.
Mr. Louie Chapman, City Manager, stated this is similar to what was done for the Police
Department and recommended Commission approval.
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April 9, 2013
Mr. Frankel stated staff did a great Job.
Mrs. Gray stated staff did a great job.
Mt. Jacquet also thanked staff.
Mr. Jacquet moved to ratify the agreement with the Professional Firefighters & Paramedics,
Local 2928, IAFF, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
Mayor Glickstein adjourned the Special Meeting at 6:51 p.m.
WORKSHOP MEETING AGENDA
1. West Atlantic Redevelopment Coalition ( ARQ Presentation
Mr. Reginald Cox, Chairman of the West Atlantic Redevelopment Coalition (WARC),
introduced board members of WARC who were present and conducted a PowerPoint
presentation highlighting the origin of WARC from 1985 to 2013. He stated WARC began out
of a community visioning process and was created by the Community Redevelopment Agency
(CRA) in March 1996. He provided background information and referenced the 501(c)(3) status,
cluster study and the Memorandum of Understanding (MOU) between WARC and the CRA.
He provided recommendations to the Commission to assist WARC.
Mr. Frankel stated it was great presentation and questioned some information that had been
brought to his attention i.e. grocery and drug stores, movie theater and law firm. He asked Mr.
Cox if he was aware of anyone being turned away.
Mrs. Gray stated that Mr. Frankel is correct regarding a developer being turned down and
clarified that WARC did not turn anyone away. She stated it was the CRA that turned the
developer away. ,
Mr. Jacquet thanked Mr. Cox for the work that WARC does and stated he applauds them.
Mrs. Petrolia thanked Mr. Cox for the presentation and stated West Atlantic is a gateway for the
city. She stated she looks to WARC for guidance as to what should be accomplished on West
Atlantic.
Mayor Glickstein asked if WARC feels they have a good working relationship with the CRA and
asked why this has not been resolved in 2013 is a gaping hole in this town. He stated he does
not know how the city can talk about success without this being completed. Mayor Glickstein
stated it will take "out of the box" creativity and thinking for not only West Atlantic but as a
template for other areas that are challenged as well because of site configurations. He stated he
looks forward to working with WARC and appreciates the presentation. He stated it is
incredibly important for WARC and the CRA to be in lock step.
Mr. Jeff Costello, Assistant Executive Director /CRA, discussed what has been accomplished
thus far, the MOU and developers.
Mayor Glickstein asked if the Request for Proposal (RFP) has gone out yet.
Discussion continued between the Commission, Mr. Cox and Mr. Costello.
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April 9, 2013
It was the consensus of the Commission that the CRA provide a report to Commission
regarding the RFP and the ability to add the other property subject to the title issue.
2. Discussion Regarding the Beach Cabana Equipment Rental Concession Contract
Mrs. Petrolia stated she wanted to bring up that this was a contract that was not put before the
Commission and it was renewed by the previous city manager and discussed proposals that were
received. She stated this should have been revisited with an RFP and stated this particular
contract allows us to go back and take a look at this with a thirty (30) day release with no cause
required. She stated this was very concerning not only for herself but others.
Mrs. Gray stated she is trying to figure out why we are continuing to go back on contracts that
have already been voted on and discussed automatic renewals.
Mrs. Petrolia reiterated that this was not brought before Commission.
Mrs. Gray asked if the City Manager had the right to renew the agreement.
Mr. Shutt discussed the language in the contract and the renewal.
Mr. Frankel stated he has been here the entire time and asked if there have been any complaints
regarding the vendor.
Mr. James Scala, Ocean Rescue Superintendent, stated he has received complaints and they are
always remedied.
Mr. Frankel stated it is his memory that Mr. Harden's renewal of the contract was brought to the
Commission and it was unanimous of the Commission at that time to go ahead with the
renewal.
Mrs. Petrolia stated the question on the table is not whether the beach vendor is doing his job
her concern is that the people did not get a chance to have a bid process. There has been no
transparency with things like that and stated she believes we did not go through the process that
we should have.
Mr. Frankel stated this was a contentious bid three (3) years ago and provided an overview. He
stated every contract needs to be looked at because you cannot do just one and it is a dangerous
precedent when it was unanimous decision to grant a contract to open it back up. He stated
going forward he respects that.
Mayor Glickstein stated he spoke with the City Manager and the procurement process is a
disaster. He stated all of these things are integral parts to bidding a personal services contract
and the beauty of an RFP is that you can focus in on what you are looking for and what your
expectations are. He stated regardless of whether the current vendor is doing a good job, we
have had the same vendor since 2009 and continued to discuss the renewal. He stated there is
no harm to going out to see if the city can do better.
Mr. Shutt stated it is up to the Commission.
Mr. Frankel stated to not honor a contract that was legally entered into is bad perception.
Mayor Dickstein stated the city has not done a good job in protecting taxpayer money and
stated automatic renewals are terrible and feels procurement is not done correctly or
consistently.
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April 9, 2013
Mrs. Gray stated she is not interested at this point in sending this out. She stated she is
interested in looking at things in the future. She stated it is bad business to not honor things the
previous Commission has put in place.
Commission discussion continued regarding this topic.
Mr. Jacquet stated this is an interesting position to be in. He stated he loves our beach and the
current vendor does a remarkable job. He stated he agrees that in 2009 the Commission decided
to award the contract to the current vendor. Mr. Jacquet stated it was up for renewal and agrees
that the Commission wants to eliminate automatic renewals. He stated his vote has always been
to put things out in the open and see what we can get. He stated he agrees with Mr. Frankel that
all other contracts need to be looked at if we are going to do this one. Mr. Jacquet referenced the
language of the contract and asked the City Attorney if contracts would normally say "City
Manager" if it is to be renewed by the City Manager. He stated when it says "the city" then that
is the elected body. He stated he does not know if this contract was ratified by the Commission.
He stated he has faith in the vendor and they have done great work. However, in the interest of
doing things better and not having automatic renewals, he stated all contracts should be looked
at and treated the same. Mr. Jacquet stated no longer will staff unilaterally make a decision that is
to be reserved for the elected body.
Mr. Chapman stated the procurement procedures are woefully behind - they were drafted in the
1980's and have not been reviewed. He discussed the advantages to renewing some contracts.
He stated once some staffing issues are resolved in the Finance Department, staff will take a
comprehensive review.
Mayor Glickstein stated this is a bit of a nuance because it is a revenue generator. He stated the
bid process is important because it is educational and requires dialogue. He stated price, service
and scope of work are components of the process.
Mr. Shutt stated it is his understanding that Commission is not giving any direction to terminate.
Therefore, everything will continue on as the current agreement provides. He stated it may take
some time to develop an RFP and suggested that the RFP come back before Commission for
review, comment and direction.
Commission discussed having a workshop to discuss the city's contracts after the new policy is
in place.
It was consensus of the Commission to develop an RFP for the beach cabana contract, also to
identify all other revenue generating contracts and look at some kind of matrix that identifies
when those contracts expire and if any have thirty (30) day termination clauses that will allow for
a similar RFP process.
3. Discussion regarding Economic Development
Mr. Vin Nolan, Economic Development Director, presented this item stating it had emanated
from dialogue with the Mayor and City Manager. He discussed his role as far as what he is
involved in and what he can get involved in. He stated there are two critical items: economic
development prospects as they come through the pipeline and business development in general
in terms of interacting with the business community; and his role in trying to triage problems as
they come up. He reiterated discretion and confidentiality regarding development prospects as
well as the process for handling these. He asked Commission to refer possible prospects or
business owners to him.
April 9, 2013
Mr. Frankel thanked Mr. Nolan and stated he does a good job.
Mrs. Gray asked about the status of Mr. Nolan coming into City Hall.
Mr. Chapman stated there should be an economic development presence in City Hall and
discussed what staff is working on.
Mr. Nolan discussed his functional role at the CRA.
Mrs. Petrolia stated she enjoyed meeting with Mr. Nolan and it would be wonderful to have him
here.
Mr. ]acquet stated that he and Mr. Nolan have spoken a number of times and he appreciates
what he does. He stated Mr. Nolan does a good job. He concurred with Mrs. Gray and Mr.
Chapman.
Mayor Glickstein discussed confidentiality and stated he is comfortable with this. Secondly, he
stated as far as Mr. Nolan being the "go to" person, this will be a great practice to funnel those
kinds of conversations.
Mrs. Gray asked about more help being needed for economic development.
Mr. Nolan stated he discussed this with Mr. Chapman during Commission's Goal Setting. He
stated by developing. a strategic plan for economic development for Delray Beach, a lot of
questions will be answered regarding appropriate staffing, processes to follow and action plans
to follow through on.
Mr. Chapman stated he will put together an internal team to meet weekly and debrief each other
on where things are. He stated economic development comes in bits and pieces.
Mayor Glickstein reiterated to not lose sight for the need of the strategic plan and thanked Mr.
Nolan for the presentation.
4. Request for Proposals (RFP) for Federal Legislative & Executive Lobbying Services and
a Discussion of Federal Legislative Priorities
Mr. Richard Reade, Public Information /Sustainability Officer, stated he was following up on
questions from the last Commission meeting regarding the number of respondents. He stated
there was a request to look at other communities that we considered when preparing the RFP
and stated a comparison chart outlining this was provided to Commission on yesterday. The
cities and counties staff looked at were Fort Lauderdale, Tallahassee, Broward County and
Orange County who are all well established in the lobbying business. He referenced an email
received by the Mayor from Mr. Petersen who was at the meeting last week. Mr. Reade
discussed the comparison chart in regards to the responses for the RFP as well as the four (4)
main identified priority areas.
The City Manager reiterated that the base question was should we engage a federal lobbyist -are
there issues that rise to the level that we believe we should have a federal lobbyist.
Mrs. Gray stated that she was in full support of going for both a federal and state lobbyist but
with rethinking and looking at the cost the city will have to think about this differently. She
stated she has called some of the legislators and stated it is difficult and everything now is
turning towards grants. She stated perhaps there should be more grant writing for the issues we
are looking at i.e. healthcare, energy, and beach renourishment. Mrs. Gray stated we are looking
at $5,000 to $10,000 per month and still may not address some of our issues or concerns.
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April 9, 2013
Mr. Chapman stated in Mr. Petersen's letter one of the things that shined through was he
pointed out that earmarks are gone now and recommended that the city relationship build with
the legislators. He discussed sober houses and stated we have to convene a majority of members
of the congress that there are things that are happening in in Delray Beach that merit changing a
national law. He stated this also represents an unbudgeted item. He stated we need to build into
the budgeting process that we want a federal lobbyist and not to add these things off of the
budgeting cycle. He stated there can be some benefits to relationship building as well and get our
congressional delegation familiar with the things that are important to us and they look for
opportunity to introduce those things to the legislative process.
Mr. Jacquet discussed the cost and stated it is kind of steep and is not budgeted. The thought of
lobbying for the city as elected officials was something he expressed during his running for
election regarding his experience of having been chief of staff for a state representative for three
(3) years and stated the city can use his relationship to lobby for certain issues. These are people
he worked with in Tallahassee and here. He stated if we have a legislative or town hall meeting
with the legislators when they are not in session in Washington, D.C. or Tallahassee it could be
beneficial to us to lobby them directly and could go much further than hiring a farm for $5000-
$10,000 a month. Mr. Jacquet asked why are the lobbying contracts not under the City
Attorney.
The City Attorney stated in the past it was handled by the City Manager's office. He stated a lot
of the lobbying firms are attorneys. Mr. Chapman stated traditionally the lobbyists have been
done out of the Manager's office but the City Attorney could handle it as well.
Mr. Shutt stated they do have input and work on the agreements as well. He stated it is up to
the Commission.
Mr. Jacquet reiterated that this would be most efficient and a better way of handling the
lobbying firms with this under the City Attorney and have him dealing directly with the lobbying
firms. This might be a better practice and business for the city.
Mt. Frankel stated in his four years to date the biggest issue this city faces all revolve around
transient housing. He stated this problem cannot be curtailed on a local or state level. This is a
federal issue so he is in favor of having a federal lobbyist. He stated this is the number one
issue. He stated while he recognizes the cost and expense this would be service to out residents
to go forward with a federal lobbyist for this issue. He stated he would like to see the AFP
cleaned up and to go forward.
Mrs. Gray stated on the state level and where we are now with transient housing it seems we do
we have support in the Senate and asked if we have support in the House.
Mr. Shutt stated with the House we are trying to get on as an add -on to another bill for a
committee meeting on Tuesday. He stated our lobbyist there has done a great job and they are
in contact with him every other day.
Mr. Jacquet discussed the process as far as bills with the Senate and the House.
Mrs. Gray asked are there going to be enough Congressmen that have similar issues to Delray
Beach to even move it to a bill will it be a priority.
Mayor Glickstein stated in speaking with Mr. McCann today he did not sound optimistic. He
stated he agrees with Mr. Frankel regarding transient housing and stated we are dealing with this
problem in a way that most states have not even heard about it.
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April 9, 2013
He discussed the practical reality of changing the Americans with Disabilities Act (ADA). Mayor
Glickstein stated he does not see how we are in a position to pay a lobbyist this or how we get
much accomplished now.
Mr. Chapman discussed residents, how they want the city to do something about transient
housing and the law regarding this.
Mayor Glickstein asked the City Attorney what is needed of the Commission tonight.
Mr. Shutt stated the item will be brought back as a Consent Agenda item to reject all bids and
nothing else will be sent out.
Mayor Glickstein adjourned the Workshop Meeting at 9:48 p.m.
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City Clerk
ATTEST:
4< X��ns'.
ZAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday,
April 9, 2013, which Minutes were formally approved and adopted by the City Commission on May
7,_ 2013.
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
April 9, 2013