02-11-14 Special Workshop Minutes SPECIAL/WORKSHOP MEETING
FEBRUARY 11,2014
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 First Floor Conference Room at City Hall at 6:00
p.m., on Tuesday, February 11, 2014.
Roll call showed:
Present- Commissioner Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Cary Glickstein
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Absent- None
Also present were - Louie Chapman,Jr., City Manager
Terrill Pyburn, Interim City Attorney
Chevelle D. Nubin, City Clerk
Mayor Glickstein called the Special/Workshop meeting to order and announced that it had been
called for the purpose of considering the following Items.
WORKSHOP MEETING AGENDA
1. Joint Session with the Community Redevelopment Agency
Ms. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) and
Mr. Jeff Costello, Assistant Director of the CRA as well as board members: Mr. Bill Branning,
Ms. Annette Gray, Mr. Reginald Cox and Mr. Herman Stevens were present. Mr. Costello
conducted a PowerPoint presentation reviewing atea wide and neighborhood plans, economic
development projects and redevelopment projects. Ms. Colonna provided an update regarding
the FY 2014 budget and discussed a five year projection of revenues and expenses, outstanding
debt, preliminary/proposed budgets and future CRA potential obligations.
Discussion ensued between the Commission and Community Redevelopment Agency regarding
quarterly meetings, the CRA goal setting, public information/marketing, affordable/workforce
housing, smart housing, sidewalks, beautification projects, tennis stadium, overall perception of
the CRA, changes in procedures regarding non-profits as a result of the CRA's audit, CRA RFP
process, alleys,boundaries of the CRA and parking.
Mr.Vin Nolan, Economic Development Director, spoke regarding office space and incentives.
Mayor Eckstein adjourned the Workshop Meeting at 6:55 p.m.
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SPECIAL MEETING AGENDA
(HELD IN THE CITY HALL COMMISSION CHAMBERS IMMEDIATELY
FOLLOWING THE WORKSHOP A GENDA)
Mayor Glickstein opened the meeting for public comment on the special meeting items.
Public:
I. Mr, john Fischer spoke regarding the St. Patrick's Day parade and read a statement into
record.
2. Mr. Rick Burgess thanked the Commissioners for coming out tonight and spoke regarding
the parade. He stated there is not enough manpower on the weekends or during the parade.
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Mayor Glickstein then closed public comments as there were no other speakers.
1. APPEAL OF THE CITY MANAGER'S DECISION/H j O'CONNOWS PUB, INC.:
Consider an appeal from Heather Johansen, President, H.J. O'Connor's Pub, Inc., of the City
Manager's denial of their request to extend their alcohol license premise on March 15, 2014 from
noon until 8:00 p.m. (Quasr.judicialHearing)
Mayor Glickstein`read the Quasi-Judicial rules into record.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this
item as well as item #2.
Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel
stated in regards to the parade he spoke to News Channel 5, News Channel 12, Katie Lambert,
Jason Dollard, Warren Corpus, and Eileen Burns. Mrs. Gray stated she spoke to the owner: of
O'Connor's Pub and the manager of Bra's Room. Mrs. Pettolia stated she spoke to
NewsChannel 5 tonight. Mr.Jacquet stated he spoke to staff, a manager at Bra's Room, and had
a brief conversation with Mr. Schmidt. Mayor Glickstein stated he spoke with David Schmidt
and received numerous email correspondences which are on the city's server.
Mr. Robert Batcinski, Assistant City Manager, presented this item. He stated these have been
approved in the past but staff is recommending denial. He asked that if Commission decides to
approve the appeal to approve it with conditions as listed.
Mayor Glickstein asked Mr. Barcinski to discuss why staff is recommending denial. Mr.
Barcinski stated this is due to the concerns of the Police Department regarding open alcohol
consumption on Atlantic Avenue and the promoter's concerns regarding liability.
Police Chief Anthony Strianese spoke regarding the parade and the waivers. He stated the Police
Department does not have the staffing to police each locale. He stated they would have
difficulty in enforcing the new rules if these waivers are granted.
Mayor Glickstein discussed open containers and security and asked if the requirements were
listed as part of past approvals.Mr. Barcinski responded that they were.
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February 11,2014
Mr. David Schmidt, representing the owners of H.J. O'Connor's Pub, discussed the location of
the pub and referenced photos via Power Point. He discussed how the restaurant plans to
control the crowd, discussed the parking lot as well as the location of the tent He stated the
primary purpose of the request is for safety and to control the crowd. In addition, Mr. Schmidt
stated there are no complaints on file with the Police Department regarding O'Connor's Pub.
Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition
of the appeal, to step forward at this time.
Public:
Victor Kitson: stated he has not seen the case proven and there have been no major
incidences. He asked what Commission is trying to fix. He suggested that the parade continue
as it has been.
Christina Morrison: stated Delray Beach property owners pay some of the highest taxes in the
county. She stated regarding the parade the crowds ate huge and people bring their own alcohol
which causes a problem. She stated if this property owner has agreed to provide the city with
insurance and security then maybe this should be approved.
Eileen Burns: discussed her friend and the parade. She stated that now the children cannot
come. She stated if this is going to be a family friendly parade there needs to be certain sections
for children where you can bring coolers and be safe.
Michael Hahn: stated he is a former resident of Delray Beach and the parade is being sold as a
money maker. He stated when you restrict the ability to carry the alcohol anywhere it locks
people into the establishments and he feels sales are then restricted.
Nick ?: stated he lives in Boca Raton and he has attended the parade for over 30 years and he
has yet to see any incidences. He asked if the Police Department has contracted with the
Sheriff's Office or have Troopers come in for this. He stated he has not seen problems at Bru's
Room or O'Connor's Pub. He suggested Commission leave everything the way it is.
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There being no one else from the public who wished to address the Commission, public
comment was closed.
Mr. Frankel asked if a vendor has a.right to serve beer and concessions at Old School Square;
and if so,why is it fair that Old School Square can and these other two businesses cannot.
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Mr. Barcinski explained the code and stated this is by ordinance. Mr. Frankel discussed the
parade and stated both O'Connor's and Bru's have had their events in the past and there have
never been issues. He stated it is unfair not to allow O'Connor's to have their event.
Mrs. Gray stated she spoke to Heather Johansen this morning and she looked at the location and
saw how the space would be utilized and she did not see a problem. Mrs. Gray spoke regarding
safety and responsibility. She stated she is in support of the appeal.
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February 11,2014
Mrs. Petrolia discussed the parade and stated she is in agreement with Mr. Frankel and Mrs.
Gray on this issue. She stated this is probably one of their highest days in regards to revenue.
Mrs. Petrolia stated if O'Connor's will be responsible for roping off their areas and ensuring that
alcohol does not pass back and forth she is in support of allowing this.
Mr. Jacquet stated O'Connor's should be able to continue as they have in past years and there
have been no incidences. He stated in past a couple of hours after the event the streets are
usually cleaned up. He stated this is a family friendly parade and the appeal should be granted.
Mr.Jacquet stated this parade is important to the city's downtown.
There was no cross-examination or rebuttal.
Mayor Glickstein stated the conditions that are in place are adequate. He stated for businesses
this is a big part of their gross revenue for the year. He discussed the security detail that was
approved regarding Old School Square and stated it should be sufficient for a much smaller
venue. He stated he supports the applicant's appeal and clarified that the Commission did not
unilaterally ban open containers. He stated the previous and current promoters were completely
in alignment that the open containers were not conducive to a family oriented parade. He
reiterated that the Commission did not make a policy decision to ban open containers but were
in agreement with the previous and current promoter. They supported what the promoters were
asking for. He referenced emails that have been received from the public.
Ms.Terrill Pyburn, Interim City Attorney,reviewed the board order with Commission.
Mr. Frankel moved to approve the appeal with the conditions as listed, 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. APPEAL OF THE CITY MANAGER'S DECISION/BRU'S ROOM; Consider an appeal
from Bob Brudzinski, Owner, Bru's Room of the City Manager's denial of their request to
extend their alcohol license premise on March 15, 2014 from 11:00 a.m. until 11:59 p.m.
(Quasi Judicial Hearing)
Mr. Robert Barcinski, Assistant City Manager, presented this item. He stated this is very similar
to the first item. He stated staff has made a recommendation of conditions if Commission
decides to grant the appeal.
Mayor Glickstein asked the Commission to disclose their ex pane communications. Mr. Frankel
stated he spoke to the manager of Bru's Room. Mrs. Gray stated she spoke to the manager of
Bru's Room. Mrs. Petrolia stated hers are the same as the first item. Mr. Jacquet stated his are
the same as mentioned in the first item. Mayor Glickstein received email correspondences which
are on the city's server.
Mr. Bob Bruzindski, stated he has a letter from the landlord and a site map of the location. He
stated the city has always been pro-business and he appreciates that. He discussed safety and
stated they do not want any liability claims against them either. He spoke about his event and
discussed what has been done in regards to safety and stated his event is a family friendly event.
He asked what is the difference between Bru's having a party on private property compared to
the garlic fest or the parade having a party on city property.
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February 11,2014
Mr. Bruzinski discussed the entrances to the event and stated there is a total of eight security
guards.
Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition
of the appeal, to step forward at this time. There being no one from the public who wished to
address the Commission,public comment was closed.
Mr. Frankel referenced comments regarding the parade and discussed what he has previously.
observed. He stated the Commission needs to revisit the parade and feels the public was not
aware when this was vetted. Mr. Frankel stated more discussion needs to be done but he is in
support of the appeal.
Mrs. Gray stated she is in support of the appeal for all of the reasons she stated in the beginning.
She looked at the location and saw how the setup is going to be. Mrs. Gray stated she is in
support of businesses and their need to bring in revenue. She commented regarding incidences
and stated there are issues that the Commission will have to address. Mrs. Gray stated tonight
Commission is addressing the appeal and she supports it.
Mrs. Petrolia stated she is also in favor of the appeal. She discussed comments that she has
heard regarding coolers and open containers. She stated she still supports no open alcohol on
Atlantic Avenue but supports businesses being allowed to have alcohol in contained areas as
long as they are acting responsibly.
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Mr. Jacquet stated he agrees and disagrees in part. He stated the appeal should be granted. He
stated he understands the concerns the Police Department has brought forward and feels the St.
Patrick's Day parade is a unique event. He discussed security and stated it is crucial. He
commented regarding the historical perspective of downtown. Mr. Jacquet stated in the future
this needs to be revisited and to discuss the St. Patrick's Day parade.
Mayor Glickstein stated the Commission was not presented with a request from the parade
promoters regarding open containers. He stated the promoter determined on its own accord
that the parade would be better without open containers. Mayor Ghckstein reiterated that the
Commission made no action in connection with the parade. He stated he has looked at other
cities that have gone through this before i.e. Chicago. He stated the safety factor is significant.
Mayor Glickstein stated regarding the appeal this is entirely on private property and the requisite
safety requirements are in place and he supports the appeal.
Ms. Terrill Pyburn reviewed the board order with Commission; and stated if Commission
desires, they can approve the appeal with the conditions as listed. Ms. Pybum clarified what the
conditions are.
Mrs. Gray asked if the applicant has agreed regarding the conditions and asked about the March
10`h deadline.
Mr.Jacquet moved to approve the appeal with all of the conditions as listed, seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel—Yes; Mrs. Gray—Yes;
Mayor Glickstein—Yes; Mrs. Petrolia--Yes; Mr.Jacquet—Yes. Said motion passed with a 5
to 0 vote.
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February 11,2014
3. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING
PREVENTION COALITION (DPC: Consider approval of an Interlocal Agreement with
Palm Beach County for payment of swimming lesson fees not to exceed$50.00 per class for the
Learn to Swim Program at Pompey Park through the Drowning Prevention Coalition of Palm
Beach County.
Ms. Alberta. Gaum, Parks and Recreation Superintendent, presented this item and stated this is
an interlocal agreement with the Palm Beach County Drowning Coalition. She stated the county
provides vouchers and the city will receive a $50 reimbursement for each voucher received. Ms.
Gaum discussed the current fees for swimming lessons. She stated staff recommends approval.
Mrs. Petrolia asked about the vouchers and the reimbursement.
Mrs. Gaum reiterated that the county is giving out the vouchers and explained the process.
Mrs. Petrolia asked how many people do we have that come into the program. She stated she
wants to make sure that we reach out to as many people as possible for the program.
Ms. Gaum stated staff is working on getting more groups into the program and elaborated on
the program.
Mrs. Petrolia reiterated that she hopes that staff will work on finding routes to take to get more
children in the program.
Mrs. Gray stated this is a much needed program and asked if there is a reason we only received
six (6) children for the program.
Ms. Gaum discussed advertising the program.
Mrs. Gray asked about Head start and the afterschool program 'regarding the vouchers. She
stated in Palm Beach County there are so many children that are drowning that more outreach
needs to be toward communities and children.
Mr. racquet thanked Ms. Gaum for the presentation and stated.this could save many lives. He
stated this is for the entire community and all children and he supports this.
Mrs. Petrolia moved to approve the Interlocal Agreement, seconded by Mr.racquet. 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.
4. SERVICE AUTHORIZATION NO. 112_10/MAT14EWS CONSULTING
INC./DELRAY SHORES WATER MAIN. Consider approval of Service Authorization
No. 12-10 with Mathews Consulting Inc. in the amount of $74,943.00 for professional design
services related to Phase II of the Delray Shores Water Main Project. The recommendation for
award is in compliance with Ordinance No. 29-13, Chapter 36 "Acquisition of Goods and
Services and Disposal of City Property', Section 36.02, "Methods of Acquisition", (C) `q)irect
Acquisition Method", (3) "Professional Services". Funding is available from 442-5178-536-68.93
(Water & Sewer Renewal & Replacement Fund:. Improvements Other/Delray Shores Water
Marta).
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February 11,2014
Mr. Victor Majtenyi, Deputy Director of Public Utilities, stated this Item and Items 5-8 are
services authorizations for consulting/professional services for projects in the Capital
Improvement Program (CIP) and projects funded by the Community Redevelopment Agency
(CRA).
Mrs. Petrolia stated she has noticed that oftentimes Commission receives consulting contracts
before them for approval for sizable suns without a lot of supporting documents. She stated
she has a problem approving something without knowing what the entire project is going to
cost. In addition, Mrs. Petrolia stated the workshop meeting folds into a couple of CRA
projects corning on. She discussed the Wantman Group, the corresponding project and its cost.
She stated it would be good to know what Commission is talking about regarding the overall
project and she commented on Calvin & Giordano. Mrs. Petrolia stated these are not bids and
from what she understands we have a consulting listing that the city rotates through. She asked
who decides the consulting fee.
Mr. Majtenyi stated the list is based on the consultants' specialties and discussed the Calvin &
Giordano service authorization. He stated staff looks at the fees and the hours;mostly it is to the
hours.
Mrs. Petrolia asked about the$450,000 discussed in the meeting.
Mr. Chapman stated staff has discussed this point of view and it is a good point. He stated staff
will endeavor to make sure to include the value of the product in the engineering for future
requests for approval.
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Mayor Glickstein stated to that point there is always the design cost way out ahead of knowing a
budget because budget is based on design. He stated staff can provide guidance on where the
overall project is going and even if the information is not perfect having ball park information is
helpful. He commented regarding the RFQ process and the T&M numbers.
Ms. Pyburn stated what she looks for when these items come to the agenda is that statutorily
there are certain guidelines when you have a Consultants Competitive Negotiations Act (CCNA)
contract that each project cannot exceed$2 million and each study cannot exceed$200,000. She
stated she inquired of Mr. Krejcarek regarding the aggregate amount of the project and he
confirmed that it complies.
Mayor Ghckstein discussed the agenda and the backup material that should be included in the
agenda package as part of the process. He stated it is good to show that the procurement
process is followed up through the preparing of the agenda.
Mrs. Petrolia moved to approve the Service Authorization No. 12-10, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia —Yes;
Mr.Jacquet Yes;Mr. Frankel—Yes;Mrs. Gray—Yes. Said motion passed with a 5 to 0 vote.
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February 11,2014
5. SERVICE AUTHORIZATION NO. 12-11/MATHEWS CONSULTING,
INC./TROPIC PALM WATER MAIN PROJECT: Consider approval of Service
Authorization No. 12-11 with Mathews Consulting Inc. in the amount of $72,746.00 for
professional design services related to the Tropic Palms Water Main Project. The
recommendation for award is in compliance with Ordinance No. 29-13, Chapter 36 "Acquisition
of Goods and Services and Disposal of City Property", Section 36.02, "Methods of
Acquisition", (C) "Direct Acquisition Method", (3) "Professional Services". Funding is available
from 442-5178-536-68.97 (Water & Sewer Renewal and Replacement Fund: Improvements
Other/Tropic Palms Water Main Phase I).
Mrs. Petrolia moved to approve the Service Authorization No. 12-11, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mt. Jacquet — Yes; Mr.
Frankel--Yes; Mrs. Gray — Yes; Mayor Glickstein —Yes. Said motion passed with a 5 to 0
vote.
6. SERVICE AUTHORIZATION NO. 12-03/CALVIN, GIORDANO AND
ASSOCIATES, INC.: Consider approval of Service Authorization No. 12-03 with Calvin,
Giordano and Associates, Inc., in the amount of $160,456.19 for professional design services
related to the N.E. Td Street Streetscape Project. The recommendation for award is in
compliance with Ordinance No. 29-13, Chapter 36 "Acquisition of Goods and Services and
Disposal of City Propert�', Section 36.02, "Methods of Acquisition", (C), "Direct Acquisition
Method", (3) "Professional Services". Funding is available from 334-3162--541-68.72 (General
Construction Fund: Other Improvement/N.E. Yd Streetscape).
Mrs. Petrolia moved to approve the Service Authorization No. 12-03, seconded by Mr. Frankel.
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.
7. SERVICE AUTHORIZATION NO. 12-04/WANTMAN -GROUP, INC.: Consider
approval of Service Authorization No. 12-04 with Wantman Group, Inc. in the amount of
$88,582.00 for professional design services related to the Block 8 Alley (Project #14-002), S.W.
10d'/9d' Avenue Improvements (Project #14-023), and S.W. 2°d Terrace (Project #14-024). The
recommendation for award is in compliance with Ordinance No. 29-13, Chapter 36 "Acquisition
of Goods and Services and Disposal of City Property", Section 36.02, "Methods of
Acquisition", (C) "Direct Acquisition Method", (3) "Professional Services". Funding is available
from multiple accounts.
Mrs. Petrolia moved to approve the Service Authorization No. 12-04, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mr. Frankel Yes; Mrs. Gray — Yes; Mayor
Glickstein —Yes; Mrs. Petrolia — Yes; Mr.Jacquet —Yes. Said motion passed with a 5 to 0
vote.
8. BID AWARD/ LAWN WIZARD USA, INC.: Consider approval of a bid award to Lawn
Wizard USA, Inc. (Bid #2014-13) in the amount of$31,829.80, the third lowest bidder, to provide
lawn maintenance to eighteen (18) storm water retention areas and the improved water retention
areas. The recommendation for award is in compliance with Ordinance No. 29-13, Section
36.02, "Methods of Acquisition", Subsection (A) (1), "Sealed Competitive Method". Funding is
available from 448-5416-538.34-90 (Stormwater Utility Fund: Other Contractual Services).
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February 11,2014
Mrs. Petrolia stated she noted that this was the third lowest bidder and asked if there was a
reason regarding the second lowest bidder.
Mr. Majtenyi stated regarding the bidders, the first was low performance and not good
references; and the second was non-performance.
Mrs. Gray moved to approve the Bid Award, seconded by Mr. Jacquet. 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.
9. FY 2014 PERFORMANCE MEASURES FOR THE TENNIS FACILITIES.
LAKEVIEW GOLF COURSE AND THE MUNICIPAL GOLF COURSE: Consider
approval of proposed performance measures for FY14 for the Municipal Golf Course,Lakeview
Golf Course and the Tennis Facilities.
Mr. Barcinski presented this item. He stated Ms. Painter was present for questions.
Mrs. Petrolia commented regarding the performance measures and asked if they were high
enough. She asked if Mr. Barcinski ranked them.
Mr. Barcinski discussed the process regarding the performance measures; and discussed the
points they received.
Mrs. Gray asked is there a point where they did not take an increase.
Mr. Barcinski stated the last time this was renewed in 2011 they took a 10% reduction in their
base fee by contract as well as for the four (4) years we are in now but the performance incentive
stayed in place.
Mrs. Gray moved to approve the FY 2014 Performance Measures, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mayor Glickstein —Yes; Mrs. Petrolia —Yes;
Mr.Jacquet—Yes;Mr. Frankel—Yes;Mrs. Gray—Yes. Said motion passed with a 5 to 0 vote.
10. CHANGE ORDER NO. 1/MANCIL'S TRACTOR SERVICES, INC.: Consider approval
of Change Order No. 1 (C.O. No. 1) to Mancil's Tractor Services, Inc. for a contract time
extension of twenty-three (23) days; and approval, in the amount of $13,691.34, for additional
concrete sidewalk removal and replacement, and additional driveway aprons for the S.W. 2nd
Street Beautification Project (#2010-039): This change order is in compliance with Ordinance
No. 29-13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property",
Section 36.06, "Change Orders", (A) (1) & (3). Funding is available from the contract's
Unforeseen Conditions Allowance,which has a balance of$29,923.10.
Mr. Majtenyi presented this item. He stated this is a change order for sidewalks and twenty-three
(23) extra days that the contractor requesting.
Mrs. Petrolia asked about the change order i.e. additional sidewalk breakage and how did this
happen.
Mr. Majtenyi explained the change order.
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February 11,2014
Mrs. Petrolia asked if there is an allowance for this.
Mr. Jacquet stated what the city is doing with 2" street is remarkable. He mentioned the
roundabout. He stated in a number of areas when you get to the driveway there were some
issues that were unforeseen. He stated he received a number of calls from some of the residents
who had no idea that the work was beginning. He asked what is the practice when doing these
sidewalk projects to notify the residents or businesses of when work will begin.
Mr. Majtenyi stated typically there are door hangers and flyers and this is the responsibility of the
Construction Division of the city.
Mr. Chapman stated staff also endeavors not to cut off a person's access. He discussed an email
that he received.
Mr.Jacquet reiterated that as a matter of course anytime the city is touching someone's property
notice needs to be sent out.
Mr.Majtenyi stated staff does notice but will endeavor to do better.
Mr.Jacquet moved to approve Change Order No. 1, seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Mrs. Petrolia — Yes; Mr.Jacquet —Yes; Mr. Frankel —Yes;
Mrs. Gray—Yes;Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote.
11. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular
member to serve a three (3) year term ending January 14, 2017 to the Code Enforcement Board.
Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat
#3).
Mr. Frankel moved to appoint Jason Whiteman as a regular member, seconded by Mrs. Gray.
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.
12. APPOINTMENT TO PUBLIC ART ADVISORY BOARD: Appoint one (1) regular
member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2015.
Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat
#4)
Mrs. Gray moved to appoint Christopher Metzger as a regular member, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Frankel—Yes; Mrs. Gray—Yes;
Mayor Glickstein—Yes; Mrs. Petroba—Yes; Mr.Jacquet—Yes. Said motion passed with a 5
to 0 vote.
13. ORDINANCE NO. 05-14: Consider an amendment to Chapter 36, "Acquisition of Goods
and Services and Disposal of City Property", of the Code of Ordinances, by amending Section
36.04, "Protest Procedures", to provide for time requirements for the City's response to bid
protests. If passed, a public hearing will be held on February 24,2014. (FIRST READING)
Ms. Pyburn read the caption of the ordinance and presented this item. She stated this ordinance
is regarding the timeframe of the bid protest committee for the review of bid protests.
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February 11,2014
Mrs. Petrolia stated she does not feel this ordinance is ready yet and stated the timeframe is too
long and feels it should be immediate. In addition, she stated there are some issues with who the
members can be on the evaluation committee. She feels this should be placed on a workshop.
Mrs. Gray stated she agrees that there should be a response time and stated she will leave that up
to staff regarding whether it is twenty (20) or thirty (30) days.
Mr. Chapman stated staff will endeavor to get bid protests scheduled as soon as possible.
Discussed ensued between Commission and staff regarding the scheduling of bid protests.
Mr.Jacquet asked the Interim City Attorney if she recommended thirty (30) days.
Ms. Pyburn stated she recommended thirty days because that is a standard for most things or
responses to be filed regarding court documents, etc. she stated twenty (20) days is also
reasonable and soon as possible is the best period of time.
Mrs. Pettolia asked what was the previous timeframe and referenced certain aspects of the
timeframe regarding responding to a bid protest. She reiterated that the timeframe seems long.
Mayor Ghckstein asked Mr. Chapman to walk the Commission through the chronology of the
proposed process from beginning to the end.
Discussion ensued between staff and Commission regarding acknowledgement of bid protests
and the open-ended period by which to convene and actually have the appeal-approximately
twenty (20) days-subject to third party attendance i.e. Inspector General(IG).
Mr. Jacquet asked why the twenty (20) day period was not included in the new purchasing
ordinance and stated the more the city waits the more of a problem.. He stated the number
should be something that can actually be done. He stated thirty (30) days as recommended by
the Interim City Attorney is a safe number.
Mayor Glickstein stated he does not necessarily agree with the interim City Attorney's number
of thirty (30) days because court documents are different. He asked Mr. Chapman if twenty (20)
days is sufficient.
Mr. Chapman stated thirty (30) days is the more operational number regarding the IG attending.
Mrs. Petrolia stated there is no date that basically states that there is ten (10) days regarding the
bid protest.
Commission discussed the ten (10) day time period regarding an unsuccessful bidder fling with
the city and then the city has five (5) days to acknowledge that it filed timely.
Mayor Glickstein asked what is the recourse if the city does not acknowledge the bid protest in
five (5) days.
Ms. Pyburn stated the city needs to follow its code.
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February 11,2014
Mayor Glickstein asked what is the Commission's consensus on whether it is twenty (20) or
thirty (30) days.
Mr.Jacquet stated his concern is the ability of staff to handle a protest in time and not prejudice
the other side. He referenced an appeal that is pending. He stated he feels the Interim City
Attorney's recommendation of thirty (30) days is on the safe side.
j Ms. Pyburn discussed the prior purchasing ordinance and prior process. She spoke regarding
the thirty (30) days and those who need to be present and stated there are so many steps. She
discussed the bid protest committee rendering their decision in twenty (20) days and to provide
their response to the unsuccessful bidder with ten (10) days after that with the appeal to be
heard at the next available City Commission Meeting. She stated the acknowledgement of the
protest can be done in five (5) days with the acknowledgement coming from the Purchasing
Division.
Mrs. Gray asked if the ten (10) day date is appropriate for the length of time or should that be
shortened regarding the bid protest.
The City Manager stated that could be five (5) days as well.
Mr. Frankel asked what happens if the appeal is not held within twenty (20) days-ghat is the
penalty.
Mayor.Glickstein stated it is important for the business owner to know that we have a coherent
process.
Mr. Frankel stated there is a much bigger problem here regarding staffing. He stated staff needs
some help.
Mr. Chapman stated he and Ms. Pyburn agree that the city needs to declare what the process is.
Mayor Glickstein stated he would like to see that staff has the ability to terminate a contract for
the same threshold of$25,000 as they do to award a contract for $25,000 without an RFP. He
stated if you can approve something for a certain amount you should be able to terminate it for
the same amount.
Mrs. Petrolia commented about the protest committee. She stated it does not state who the
members can be and this can be a conflict. Mrs. Petrolia stated the members of the protest
committee and evaluation committee should be not one and the same; and she stated that
question should be eliminated.
It was the consensus of Commission that the changes as discussed should be incorporated and
brought back as second reading.
_ Mr. Frankel moved to approve Ordinance No. 05-14 on first reading, seconded by Mr. Jacquet.
Upon roll call the Commission voted as follows: Mrs. Gray—Yes;Mayor Eckstein—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 9:09 p.m.
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February 11,2014
City Clerk
ATTEST:
MAYOR
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 of the City Commission held on
Tuesday, February 11, 2014, which Minutes were formally approved and adopted by the City
Commission on Tune 3, 2014.
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.
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February 11,2014