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01-27-15 City Commission Special Mtg. MinutesSPECIAL MEETING JANUARY 27, 2015 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the City Commission Chambers at City Hall at 8:30 a.m., on Tuesday, January 27, 2015. Roll call showed Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - Commissioner Adam Frankel Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA Mayor Glickstein opened the meeting for public comment on the special meeting item. Public Comments: Mitchell Katz - spoke regarding emails and provided clarification regarding the same. He stated he agrees with the Mayor's statement that this process was flawed. He referenced the bid. Mr. Katz stated he has filed to run for City Commission Seat #3. Ron Klein — Attorney for Holland Knight on behalf of Waste Management, Inc., spoke regarding the process for the award of the solid waste contract and stated he was present for questions. Victor Mrson — stated he attended the meeting to select a trash hauler and gave comtnents regarding that meeting. He also spoke regarding the cone of silence and waste management contract. Kenneth MacNamee — spoke regarding the emails and discussed the reason he sent the emails. He discussed emails regarding the waiver of clam truck charges and asked the City Commission to have Mr. Pfeffer and Mr. Warner provide the information. He commented about the public records process. Christina Morrison — stated this is not an emotional issue but a business issue and asked the City Commission to use a checklist to evaluate each bid point by point. She also discussed having an internal auditor and urged the Commission to do what is best for the city and provide the best service possible at the best terms possible. Pauline Moody — stated the bid process has gone on too long and discussed the process for the RFP. Mayor Glickstein then closed public comments as there were no other speakers. 2. Discussion: Process for Award of Contract by City Commission for Collection of Solid Waste and Recyclable Materials pursuant to RFP 2014-38 Mr. Donald B. Cooper, City Manager, introduced this item and explained the four options to the City Commission. He recommended that the City Commission act as a selection committee to move this along and discussed the logistics of transitioning to a new hauler and the timeframe. He stated one of the four steps have to be followed pursuant to the RPP. The City Attorney provided clarification of two of the options. Mrs. Petrolia stated Commission should go back and do this themselves. She discussed the process i.e. changes that were made, how cubic yardage changed, the clam truck was removed from one bidder's rate structure and dollars were removed from the same bidder; and a rate changed after the selection process. She also commented regarding the ranking information. Mr. Jacquet asked why the numbers were changed and is it new evidence. He asked about the cone of silence information the Commission received. The City Attorney responded to Mr. Jacquet's questions. Regarding the cone of silence information, he stated his report is almost complete and the results will be detailed in the report. Mr. Jacquet discussed how this was taken to court originally and stated the City Commission decided they wanted to have a good process. He stated the selection committee went through this and they are the experts in this regard. He stated this is becoming more political than anything else and he does not understand why Commission would want to take this on. Ms. Jarjura stated she is really struggling with this decision but there is a lack of confidence from the public. She stated the Selection Committee did what they were supposed to do pursuant to the RFP. However, she supports the City Commission taking this back over. Discussion continued between the City Commission and the City Attorney. Mayor Glickstein stated it comes down to a very skeptical public on a more general level. He stated the Commission is now back into this process and stated it is critical that residents see that the city gets this right and stated it is incumbent upon the City Commission to cut through the clutter and make a decision swiftly. He referenced the Question and Answer part of the meeting. Mayor Glickstein asked that the meeting be scheduled quickly. Mrs. Petrolia moved to schedule a City Commission meeting to go through the selection process to conduct its own evaluation and ranking of proposals as described in the RFP, seconded by Ms. Jar*a. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Ms. Jatjura — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 3 to 1 vote; Mr. Jacquet dissented. The City Commission then discussed the process and format for the meeting. Mr. Cooper, City Manager, asked if the City Commission had a particular timeframe for the Question and Answer part of the meeting. Mayor Glickstein adjourned the Special Meeting at 9:20 a.m. 2 January 27, 2015 City Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, January 27, 2015, which Minutes were formally approved and adopted by the City Commission on November 3. 2015. 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. January 27, 2015