Council - Regular Meeting

Listen, I can't stay out of there. I'll be start.

Good afternoon. Welcome to the city council city council workshop. Today is March the 11th. The time is 6:30 6:35. Uh, madame clerk, Mayor Douglas Lawson, chairperson Charlene Laneir here. Chairpro Tim Kasha Miller Anderson present. Council person Bruce Gton. Council person Dr. Glenn Spiritz here. Council person Friscella Davis Pier here. City Manager Jonathan Evans. City Clerk Deborah Hall is present. City attorney Don W here.

Madam Chair, you have a quorum. They may proceed.

We will have a moment of silence followed by the pledge of allegiance by Councilwoman Davis Premier. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty, justice for all.

Um, could you testing testing? All right, somebody's on their way. Um, this is our workshop for 2026. Um, Mr. Evans, will you start with the introduction and purpose?

Uh, madam chair and members of the board, the items that are on the workshop are public policy items that we need direction from the board as to effectively move some of these items forward. And so a lot of the items that will be discussed today are for the purpose to get clarity of direction from the board as to how you wish for staff to proceed. And then there's subsequent actions that are contemplated after we get direction from the board. And so our our intent is to hit on topics such as our comprehensive plan, procurement code updates, uh special events, advisory boards, as well as rules of procedures for the city council concerning meetings. and then a discussion on property tax and staff is prepared to uh commence the presentation starting off with the discussion with respect to the comprehensive plan.

Yes, go ahead. Um there you go. I'm good. Yes, sir. testing. Thank you.

Madam Chair, I was going over this agenda and these are workshops and I'm I'm I'm a little confused because workshops are designed to take a deep dive into a particular issue um have some fruitful conversation and not rush through them. Um, this agenda has about six or seven different workshops on one. I've all of the workshops I've attended has only had one maybe two items because it's designed to give time to have the deep dive into these issues. I think that this agenda is overloaded. One thing, and let me announce this, I'm leaving at 9:00. I don't care where we are, but this agenda here is overloaded. This is not how you do workshops. And and I was I was a little puzzled. I said, "Well, maybe maybe I'm misunderstanding what a workshop is because I've attended a lot of them." And guess what I did? I chat GBTE it. And I'mma tell you exactly what it says, but but we we are now in an area where

uh Mr. um sorry, wait, wait, wait. Mr. Chair, city council workshops are informal meetings where a city council discusses issues in depth, taking a deep dive before making official decisions. This agenda is designed in my opinion for us to rubber stamp and keep it moving. We need to separate these issues.

I understand um Commissioner Gon what we can do um if it's the pleasure of the board. There's six items here. We can break this into two meetings. We can pick three for tonight and then we need to set a date for the the next three. But we would have to set a date tonight to be able to break this up. I think we need to only do two tonight. Um well, we got half. I mean, if we're going to have deep discussions, um Madam Chair, I mean, one item can go into an hour, hour and a half or longer depending on what discussions there are.

It's at the pleasure of the board. How many do you want to uh hit tonight? Board members um Spiritis, Madam Chair, uh really have no opinion. Two, three is okay with me. A um that's fine. Can we group them with things that are similar like Okay. You know what I mean? Look at it. And if it's like the future land use and code something, if we can group them like that, I think it all right. Madam Chair, commissioner. Yes. Go ahead. Is is there anything that's time sensitive that we have to do right away? Is there Okay, we'll get to that like the comp plan or something like that. Is that time sensitive? Right. Let me get an agreement between the um

Commissioner Bill. It it doesn't matter to me. Um I would just know whatever we're doing, we need to get going. Very good. So, Mr. Evans could the first thing that you can do is give us a grouping of the ones that are similar and the second thing that you can do is give us the ones that are timesensitive. Wait, wait. I have one question, Madam Chair. Yes, go ahead. Who who asked for the rules and policy changes? What was there a council person and policy changes? Yeah, I I definitely I mean I support it discussion. No, my question was for it. I did. That was quick on your feet. Okay.

Okay. Yes. Go ahead. Go ahead, Mr. Evans.

Um, Madam Chair, we we did uh attempt to to do that with respect to the sequences of items on the agenda. So, we did go with the items uh that for all intent and purpose have been the the items that the board has expressed concern. to facilitate boards and committees moving forward. And then the items associated with uh the rest of the uh agenda. realized that when the board said it wanted to alternate or change how it handles utility district meetings, there are resolutions that effectively have to be changed to facilitate handling the utility district and making some changes. So, that's a procedural item that was on the agenda and has been pushed off a couple of times, but certainly we we want to be able to at least give you an update on property tax reform. But if I had to say the items, the three items that or if the board would be inclined to hear a fourth that is really quick, it would be prop property tax reform. But the two the three items would be the workshop discussion on the comprehensive plan uh procurement codes and your boards and committees. Uh the conversation concerning property tax reform is probably a 10-minute conversation just as an update.

We're doing three. I think that's what we first three 2 A, 2 B, and 2 C. um board. Uh Mr. Evans, could you give us a a couple of dates? And we can do that tonight because I I don't want to have to push this off any longer. Look at your calendars, please, uh council, and see what date is amendable to all of us uh for the next three items. Madam Chair, if I may.

Yes. Go ahead, sir. Um, I can also look at the uh at the agenda for the 18th uh and see if there's any items that are could be as discussion items or I can look at another um meeting that maybe has a the fifth Wednesday or if there's a desire if there's a meeting that the CRA chooses not to have in um next month. I can I can look at some dates as the discussion goes. I'll find some alternative dates. Uh, no. Let's Anybody's got to pop the 19th. Thursday the 19th. Okay, that's Oh, that's break. Yeah. All right. So, let's get to the 26. What does that look like?

Is that Easter weekend? That's the That's the Thursday, 26. Okay. Is that your Easter weekend? I'm trying to see if that's No, I'm good. Okay. You got the 26. 26. Everybody else bill for the 26th. Okay. Thursday. Thursday 26. All right. Very good. Mr. Evans, uh, Madam Clerk, could you advertise that 26 6 o'clock and we'll do the next three? Madam Chair.

Yes. Go ahead, sir. Before we make decision on these top three, I think we do need to give staff direction on two other items. Uh the special events department has stopped approving and reviewing until after tonight's meeting. So there's organizations that are looking for direction and our special events director has looking for clear direction. We have a policy in place, but they also wanted some clarity on the policy. I think there's going to be some delays, so we have to figure out how to maneuver with that with direction for our city manager. And then also the reform. Uh I think the tax reform as Mr. Evans said would be short and update. Uh the only recommendation I would say that he needs to bring back is what is our board look like if this is passed. Uh and what is the what is the budget going to look like based upon it passing and what percentage our budget we'd have to operate on and what would be some of the departments impacted. So I don't think that'd be much of a discussion for that item, but that's where the direction we should give them. But moving forward

um so so madam chair if I can finish. Yes. Go ahead. Thank you madam chair. But moving forward with the agenda I agree that the top three would be the most important and most impactful for us to discuss tonight and get out of here um after we get the comprehensive plan. But I think that we need to keep these workshops to one to two items just so that we can actually have really in-depth meetings and discussions and start our budget talks a little earlier as well. Thank you madam chair.

All right. Very good. Um, so you have one for the 26th. Uh, we have one tonight which is the 11th. Um, do you see board having another one in April? I mean that that one that one on um tax reform is going to be that's that's a that's a two three-hour conversation because that basically is saying that if this stuff passes in the in the um in Tallahassee uh it is going to decrease our property um our adorum put it that way yes go ahead let's just try the 26 and if we need to do another one beyond that we can

all All right, let's do that. So, we will do 2 A, 2 B, and 2 C this evening. And for the 26, we will do 2 B, 2 E, and 2 F. Very good. Can I get a motion to approve that? Move. Second, Madam Clerk. Council Person Davis Pier. Yes. Council person Gon. No. Oh, wait, wait, wait, wait. We can't vote. We cannot make any motion. Win, you got to jump in there now. Come on. Don't be sitting there watching us.

We will move to the 26 uh the last three and if we have to have another one, we will make that decision on the 26. Very good. Uh Mr. Evans, let's go ahead and get started. Introduction and purpose. Uh, Madam Chair, at this time I'm going to go ahead and ask for the development services director and his team to uh come to the podium to begin the conversation with the board concerning the comp plan. Uh, statutoily there are only a few documents that you're required to have as a municipality and a comprehensive plan is one of those and a comprehensive plan is enforcable by law and so there's a lot of elements that uh must be consistent with your comprehensive plan. So staff has gone through an overhaul look at the comprehensive plan. So today we're trying to get direction and clarity from the board on certain elements and new elements of the comprehensive plan. And so director Surmans along with staff and our consultants will be able to provide you a presentation.

Surmans.

Yes. Thank you, Mr. Manager. Good evening, Madam Chair. Uh good evening members of council, honorable mayor, and madam attorney. Uh it is uh exciting to finally be before you uh to discuss the comprehensive plan overhaul uh that staff has been working on for quite some time. Um as you know uh this board approved a contract with uh Calvin Gardano and associates to uh partner with us in this some time ago. Since we've begun and started uh writing um the regulatory environment has evolved in the state and um even things related to uh DEI and making sure we are in consistent with the new state requirements with terminology in our document SB 180. Multiple things have caused us to pause and re-review what we've developed to make sure we're consistent with the state's expectations because after um as you know after first reading of this document we will transmit our draft comprehensive plan to the state so that they uh can uh let us know if there's any issues or comments they have for us which we must address before it can be adopted. Um so with all of those changes that have been um taking place, we've been modifying working on this document in uh the midst of a um a spirit of transparency to communicate with the public as much as possible, allow as much access as possible to this document so that they along uh the uh journey of this can uh weigh in, give us their thoughts. There have been multiple workshops that the city has hosted. uh staff has gone to a dozens of city sponsored and private events to set up tables to convene with the public. Uh we have sent surveys out and all of this has been available online throughout the process so that the public can see and follow along with these draft documents and provide their comments electronically. And so in that um that that uh that sphere of work and activity, we've drafted what you have been provided in your backup as the draft comprehensive plan for Riviera

Beach, which has uh been needed for some time. So what we'll do with the time allotted tonight is uh give you uh the the highlights of each element and what has been provided and the significant changes made and um highlight some of those things to make sure you have an understanding and u we know that um as needed uh we'll continue the conversations as much as possible. Um and with that introduction uh myself and uh principal planner Senise Simon who has been uh leading the way in this effort. Um we will uh turn the floor over to our consultant from Calvin Gordano and associates Mr. Graham Long who has been uh managing this effort uh through their firm and he will be uh moving forward with the presentation. Thank you.

Go ahead sir.

Good evening. Graham Long with Callum Gardano and Associates. Um we are the city's consultant planners who have been working on the comprehensive plan for um some time now. Um we're pleased that we're getting toward the adoption phase. Um but prior to that, we of course want to seek your input and comments on the work we've done. Uh so I thought we'd go through a little bit of the process that we've been through and then some of the top level major changes that happen to all the elements within the plan. So the purpose of the comprehensive plan up update is is manyfold actually but uh primarily we wanted as part of this the the comprehensive plan hasn't been updated since 2010 so it's quite old and there's a lot of outdated language and uh like Mr. Surman's reference the regulatory environment has changed planning practices have changed um the community has changed in that period of time so we really wanted to bring this up to the modern era and then also add in some areas of focus that we previously had not uh were not included with the comprehensive plan

so let me ask you is every 10 years so you're supposed to do it every 10 years that deadline would have been uh excuse me supposed to do an evaluation and appraisal to do an update every seven years. So that deadline passed before we even started this update. So every seven years is supposed to be Yes. And determine if you and determine if you want and need to make an update to the

right. Madam Chair, another quick question. Is there a penalty for not meeting the the deadline requirements? the the state has different regulations that govern the time period, but basically the state department of commerce, which now reviews all the municipal comprehensive plans, just wants you if you missed the deadline to update it as soon as possible. So there isn't really a tangible penalty at the moment. Okay, thank you.

Next slide. Uh so that's like I was saying before, we're at the update um process um in the input and recommendations from both planning and zoning board and from the city council. This is just a framework of how we approach the process where we u you know over the last couple years that we've been working on this. This shows exactly what our methodology is going forward in preparing the comprehensive plan. And on the next slide, I have the specifics of what we did as part of a lengthy and extensive public participation process. So, we had four open houses that were specific Oh, thank you. that were specifically about the comprehensive plan. Um, we also did workshops with the business community. We had showed up at other community events to try and broaden who we're soliciting input from. uh we had spec uh individual meetings with resident groups, stakeholders, advisory groups. We sent out surveys and got decent response from that from the business community and from the residents. And then of course we have our website with all the online resources and the uh draft plan. This is just an example of one of the meetings that we had here. We tried to make it a very interactive process, community focused, brought people in to solicit specific ideas, uh pulled the audience um there just very user friendly type of ways for people to understand and provide some real input into the plan. And then of course we went out into the community as well. So what we heard from the community is what how we got to the guiding principles that we used at the beginning of this update that we applied and were thinking about as we were making changes to the plan. This came directly from the

public participation process from your input from planning and zoning from all stakeholders. So we had safety, equity, resiliency, prosperity, neighborhoods, and livability in mind throughout the update of every element of the plan as a a framework, an approach to the update. So now I'm going to get into some of the specific um elements and the major changes that we are proposing with this update. Land use of course is the biggest the first um one of the most important uh elements of the plan and there were there are three major changes. The first being a focus on neighborhoods and corridors. Um we wanted to beautify corridors and make them and have appropriate uses along along corridors that make sense. um connectivity was an issue. And so as a result of that, we um we also brought back the concept of um neighborhood area plans, like specific plans for specific neighborhoods because that's one of the things that came up when we were talking to residents in different neighborhoods from different neighborhoods throughout the city is that the residents were saying that these are very specific neighborhoods with specific needs and specific character. um and the comprehensive plan doesn't really address the needs for those areas. So, there was a um there was an old concept that was in the plan, but wasn't really fleshed out to have like neighborhood action plans um that would address those specific needs of the specific areas. And so we decided to bring that concept back and enhance it so that they actually had some teeth if you will and actually could provide for the needs of those different areas.

Madam Chair, yes, go ahead. As it relates to the action plans, um what is the um schedule to develop those for the various neighborhoods? I don't recall what specifically we uh I don't know I don't recall if we put in a specific schedule for for that. Um but that is something that you as the council could do could take action on that mainly our we just want to make sure that it's mentioned in the comprehensive plan because that gives you the ability to address it. Understood. Yeah. And and I didn't expect that to be in the comp plan. Um these are concepts. Concepts. Yes. Yeah.

Yeah. But I'm thinking further Mhm. to actual execution and not just talk concepts in in the comp plan, right? Has there been a discussion for action plan? I I guess you can answer that, Madam Chair. Yes. Go ahead. And thank you for your work on this. I know you did a lot as as did others. Our team did a our team did a lot of work on this. Correct. Thank you.

Except Mr. Thurman, but I don't council person. Um to answer your question, um we are for this starting this um we'll start end of last year but starting this year um we are working on our neighborhoods plans where we are beginning um the process of making this part of our practice. So to start implementing some of the things that we are um make that are concepts right now in our plan, we have we are actualizing them this year and neighborhood plans um will begin this year. we've begun identifying our neighborhoods that we're starting in and then we'll begin um piloting um the first one to see where it goes from there. Uh Madam Chair, yes, go ahead.

Are are we hiring consultants again to assist in this? Is this done inhouse? Um what right now our hope is to try to begin it in-house. Um, and then depending on depending on budget and all, maybe we can look at it um, hiring out for I know we have a couple projects that are hired out to assist us, but right now it's predominantly in-house with our thought process right now. Okay. One last statement. U Madame Chair, um, may I Yes, go ahead. Um, it's important to take concepts off of paper, correct? And put them in execution. There are a lot of theories that floating in the different communities,

but they're never implemented. Correct. They look good in the plan. So, I want Riviera Beach to be the exception. Um, and I know that we may not be able to implement everything all at once, but we can start rolling some of these concepts out and the neighborhoods can feel a difference. So, um, that I'm looking forward to actual execution.

One of the things that we're working with, um, we we're we're preping our, um, communications teams. They've been very patient with us as we think of these ideas, but rolling a dashboard together so that way we can monitor the take the ideas off of our plans and start to have a a monitoring and evaluation process to be along to join it. So that way we see this is what we said we want to do. Where are we? Have we begun? Are we in the middle of progress? Have we completed? So that way it's a more um what is the word? Uh transparent um process and that everybody has more confidence in that we're actually going towards using the plan and we're actually implementing. Um what's been great has been our directors help with the with building these plans. And so it's it's what do you think is feasible that you're able to do? um give us your ideas. I want you to give me something that you know that you'd probably be able to do, not just pie in the sky. So that way they're on board with it. So that's what we're doing in order to make it take it off paper and actualize and implement these um ideas. And we do know not all will probably be able to be done based off of budget, but we can at least at least go towards some of the bigger ones in the um lowerhanging fruits as well.

Thank you. Go ahead. Okay. And just to follow up, I I was going to say the same thing about the accountability, holding ourselves accountable to what we say and putting the information out to the neighborhoods, what they can expect and so that we stay on the timeline because at the meeting yesterday, you heard people want to know what's going to go on in my neighborhood. We hear about other places and things that are going on, projects, but people want to see, you know, progress and things going on in their own neighborhood. So I think we have to do a better job of communicating and like um my colleague said getting it from the paper to actually taken to fruition come to fruition. Correct. Thank you.

Okay. The next major area um major proposed change we have to the land use element is the creation of a new general mixeduse designation. So right now the comp plan has the future land use map that also has a list of all the land use designations and um what types of uses can be in those designations. Um excuse me not feeling well tonight so I apologize for that. Um excuse me. Yeah. No I'm good. Thank you. Um the um the current future land use map has an office designation that's sort of outdated and not um well thought out. Um and we plan on uh the proposal plans on changing that to a new general mixeduse designation that would provide for a mix of uses within one development. And the it's important to note that the intensity of that does not have to be extreme. Just because you're mixing allowing for mixed uses, residential, commercial together um in a designation means that um or just because you're allowing that does not mean it necessarily needs to be big tall uh you know large scale projects. Um it can be two, three, fourtory buildings. It can be one or two lots that are assembled. You see this type of development in other communities throughout the the state and it's very useful for beautifying the corridors. It's very useful for um enhancing housing and it also allows for walkability too and neighborhood enhancement and neighborhood creation. Uh the plan does have a downtown mixeduse district that's within the um CRA. Um, so I will show you on the map in a second where we propose uh to add this general mixed

use. Um, it's not we're not proposing any changes to that downtown mixeduse district. This is an added designation that could be used elsewhere in the city. Um, Madam Chair, go ahead.

Are are you suggesting to keep the office designation and mixing it with a different use or you're removing it? We're we're replacing the office designation. That's what we're proposing. There's only three very small areas that even have the office designation. Two small strips in that are currently single family homes. We want to actually change that back to single family. Um and then an area on Singer Island as as well that has this office designation. Um so those would be the ones that would be replaced. Madam Chair, go ahead. What are you um changing it to? So I can show you on the map. Uh let me go to the next one.

And while you're doing that, another question. The um commercial designation oftent times incorporates office use. Do we need another designation when we already have one that incorporates office? That was also part of our thinking. It's a the office designation is a bit redundant because if somebody wanted to implement an office use, you can do that in the commercial under the commercial designation. Okay. So, are we still creating another designation in addition to commercial?

We would uh we would eliminate office and replace that with general mixed use. Commercial designation would remain. Okay. And you I'm sorry. Go ahead, chair. Go ahead. Okay. So, my question is the office designation on Singer Island that you're going to replace with mixed use. Uh, what are the requirements? What are you talking about heightwise with? Yeah. Do you have zoning attached to this or you just saying generally mixed use is okay?

That's right. It's a the zoning happens under separate ordinance. later on we we that you can change at any time through the land development code. This just creates a foundation to be able to have a zoning code for general mixed use. The parameters of that you control through the uh land development chair. Go ahead. Okay. So, are you in the zoning section? Are you going to refer back to this mixeduse zone and make recommendations for this change in your zoning to mixed use?

As part of the comprehensive plan, we would not get into anything with the um with the zoning. So, we we're not making any recommendations on that beyond just what zoning districts would apply to those land use designations. So, we do recommend the creation through the comp plan of a general mixeduse zoning district, but we don't actually uh include what would be in that zoning district in the comp plan that goes in the land development. Yeah, Madam Chair. Yes. Go ahead. So, I you know, I've done a lot of master plans. I've won awards from the APA. Mhm.

I've never heard of a comp plan that does not deal strictly with zoning and make recommendations for those zoning districts when you're making changes to that district. This this sounds backwards to me. You're leaving it up to us later on and that that shouldn't be. This is something that should have been discussed during all our workshops, all our meetings with the community. uh we should have known exactly what you had in mind and what you were recommending from a zoning standpoint. To just say mixed use is ridiculous. We do we do recommend like I said the creation of of a district. The none of none of the comp plans that we have worked on in the state do we actually set what the parameters are for a zoning district during the compre the future land use update. Um we do madam chair. Yeah,

I have to disagree because didn't we make in our last zoning uh comprehensive plan, didn't we recommend that the submerged land be preservation?

Madam Chair. Okay. Um I I do want to clarify um we do in the draft comprehensive plan have a table that lists all of the future land uses and all of the zoning districts that would facilitate those associated land uses. Uh so that is on what is that table three of the future land use elements. So the proposed uh general mixuse has six multiple zoning districts that fit within the concept of a district that allows commercial, residential, and office. So what you're requesting is already reflected in the plan. So I think it was just a confusion in the how the question was asked. So, this doesn't effectively change anyone's zoning, but it creates a new future land use uh zoning uh future land use designation and it also lists what zoning districts would fulfill the purposes of that future land use.

Right, Madam Chair? So, so are you keeping the same zoning that was in that district previously or are you coming up with new zoning recommendations for that mixed use? No, through the chair. Uh the zoning districts already exist. We're identifying which existing zoning districts work under that future land use that we've just created. So they already have their own um heights, densities, intensities that already exist. These are existing zoning districts that make sense with this future land use of general mixuse. Okay, I got it. Thank you.

Yeah, and I apologize because I actually worked on that that table. though, you know, uh that I think I meant more that you can always create another zoning district later on based and then apply that to a future land use designation. Right, Madam Chair? But but I we I think it would be great if you can make recommendations, you know, for zoning changes, you know, based on, you know, concepts that you're coming up with. I mean, that would be very helpful to the city council making future zoning changes. Yes, we can c we can certainly do that and we do have some recommendations for that we fleshed out for what a district like that would permit and what it would look like. Great. Thank you.

Um so those were the three big major ones for the land use element. Moving on, I'm going to go through in the interest of time, I'm going to go through these kind of quickly and then we can do a discussion at the end because there's several elements for the housing element are, you know, we we're trying to address different housing types and what the city needs in certain neighborhoods for certain types of housing. So, addressing neighborhoods current conditions in housing. We we heard a lot um about preserving housing in certain areas and then adding workforce and other types of affordable housing to other neighborhoods and where that goes. So, we flesh a lot of that out in the um housing section as well as added policies about uh home ownership, promoting home ownership and um keeping people in their homes through various financing and other initiatives that help people uh remain in their homes.

Um um Madam Chair, yes, go ahead. Um go back to the other screen and I know you said that you're going to try to rush through it. that workshops are to be detailed and that's what I was talking about at the beginning

where it says address needs of the unhoused I'm assuming is that the homeless we oh sorry I was just going to say that we we use the term unhoused because homeless the term homeless tends to conote somebody who's like living on the street essentially, but unhoused is a broader category. It could include people who are, you know, don't own or rent a home and are staying with other people, staying with family. So, we just wanted to use the most broad term possible. Okay. Mhm.

Uh as it relates to um address needs of the unhoused um again um it would be important to have an action plan and does anything exist at all? I I know that the state have requirements for um municipalities not to allow the homeless to use public areas for habitat and for lack of a better term. But do we have any any programs that address helping them not just putting them off our property? Madam Chair. Yes.

Go ahead.

Yes. Um all of our programs aren't addressed through um existing programs I'm referring to um aren't necessarily develop uh addressed through uh the development services or the land development regulations, but our police department has a very active operation as it relates uh to uh those who are unhoused. and um I've actually um worked with them when they had to connect someone to necessary resources in the area to get them shelter in a in the time of need. Um so I I would say that our um police department does an outstanding job um in the situation when we've had to bring someone to their attention who was in need. Um, as far as the uh land development uh side of things, um, at the moment we don't have programs, but we are identifying in our plan the need for all of the types of residents we have uh, so that those principles can guide future um, ordinance.

Go ahead.

Yes, I I do know that we and our police department, matter of fact, the captain was here who who worked with that program. Um, I saw him here earlier tonight. Um, we we as a community, I think, have a responsibility to help those in need. Um, some people don't want any homeless shelters in their area. They don't want any stragglers. Um, but from a humane standpoint, uh, it could be any of us that needs help. And I don't want to be that community that um dismisses those in need um without making an effort to try to get them some help. So, I just want to make sure that we have a plan. if it's just referring them to um resources that we don't have or housing that we don't have. I want to make sure that Riviera Beach is one of those that is trying to provide on resources and help and not just kicking them out of our community.

Thank you, Madam Chair. Madam Chair, Madam Chair, um Councilwoman Miller Anderson and then Dr. Spearus. We we do have that as he's stating the police department. I don't know if they're at some point maybe to get with them, but they're doing a really good job with it. Um so maybe you could get with them and they can give you a little more detail on it because I know they've done a lot off of Broadway area in the in the beach. I mean under the bridge. Yeah. Commissioner Gen, go ahead. Dr.

Okay. So, I I concur with uh my colleagues. Uh I'm just wondering, you know, you know, I've been advocating for this for a long time uh as a member of the housing uh authority board. Uh transient housing, are you going to permit are you going to recommend the per permitting transient housing in certain districts? Madam Chair,

yes, go ahead. So the first point where we talk about d um diverse housing types um this came from a lot of conversations with the different organizations that serve our community as well and and off the top of my head I remember work um talking to Catholic Charities and they were they were one some of the work they have lots of land here in our city and some of the things that they wanted to do was do transient housing but our plan doesn't allow that our plan does not give them that opportunity to do that and so we re start to recommend these things understanding and knowing the need for housing and the need for transient housing. Um, and so yes, we we do recommend for transient housing this time around. Um, and in addition, our plan currently as it stands right now doesn't talk about our homeless population at all. And so now we are proposing um we are proposing uh more policies in order to support them which would also lead way towards transit housing.

That's great. Thank you, Madam Chair. Yes, go ahead. And when you um include, you know, the extra resource, make sure you include the Palm Beach County School District. I saw Representative Ferguson back there because they do a lot with the um homeless and providing resources. So, make sure that there's a connection with the school district for those who have children. Thank you. Oh, Madam Chair. Yes. Go ahead. Um, just to mention the captain's name, Captain Glenn Meyer, I think is the one that leaves that. Is that correct? Doesn't major. No, Jones. He's a major. I thought Jones was um I know that

I know I know the captain works closely with that program. He may not be the one in charge. It's just the director Nate Gordon is over all. Oh, over all of it. Okay. But yeah, I know Captain Gordon, I mean, Captain um Maya called me several times about Palm TR um assistance when they were trying to move them during the cold a bail went out just now, but okay. Thank you, Madam Chair. And just to add, that program with the district is called the McKenna Vento program. If you want to be McKenna Vento,

go ahead, sir. Okay, the next element is the mobility element. Um, we have renamed the state required transportation element into the mobility element in order to broaden what the focus is on because many uh communities transportation elements just basically talk about roadway levels of service and obviously the transportation needs in the city are much broader than that. Um so we put in policies that help move the city toward vision zero as well as um every kind of mode of transportation from bikeways to walkways to trails um to the port toward the movement of freight trucks. Um a lot of that was not well thought out in the comprehensive plan and there weren't a lot of policies to address that. Um, so we added those into the plan, broadened the scope of it, um, in order to give the city more ways to kind of regulate and organize how the transportation network works.

Madam Chair, yes, go ahead. The um, the major modes um, in transportation, Rivier Beach has all four of them.

Yes. um the port water, the railroad train that runs down um the middle of our city, I95 18 wheelers and air um airport about 15 minutes away. One thing that we have not done was recruited those type of companies and this to my colleagues that could benefit from a city that have strong transportation modes. And um that is something that I've always wanted to happen. Um manufacturing, if you're manufacturing things, you need to move your product. You can move it on the water, you can put it on a train, or you can put it on 18-wheeler right here in Riviera Beach. So, it's important that we start um promoting and recruiting those type of businesses that can benefit from our location and the transportation modes that run right through our city. Thank you, Madam Chair.

Okay. Go ahead. Um the next element is the infrastructure element. We modified um a lot of outdated language like we I had said at the beginning that the plan hadn't been updated since 2010 and obviously there's been a lot of infrastructure projects that have occurred since then. So we updated that as well as addressing the needs of the utility uh district. We got solicited policies directly from them to include in the plan and um added language to update the water supply plan which is another uh requirement and to through that uh have a policy that makes sure that that process emphasizes water quality protection which has been an issue um in the past as well but was not thoroughly addressed in the comprehensive plan in uh coastal management. Um we updated um the protections the policies that um call for protections of coastal uh resources that's both for environmental protection but also for public and private use as as well. Um and then created the uh um we are utilizing the adaptation action areas which is kind of similar to like how we had the neighborhood action plans. the adaptation action areas would define different parts of the city along the coastline that have unique um resiliency and protection requirements. So the plan also calls for uh for that and that and and also for those action areas to promote resiliency going forward.

Madam Chair, yes. So with the resiliency, were you looking at uh Singer Island, the submerged land area which probably can use rip wrap or something uh additional because obviously you see the king tides are are taking the water almost to North Ocean Drive and did you also look at the ocean area? Uh you know we have coastal engineers working on that right now and coming up with some long-term solutions. So, did you refer to long-term solutions for the beach as well? You know, whether it be groins or break waters or or dredging or whatever. Do you did you get into detail on that?

Yeah. Yes, we did. And there's even more detail in the supporting documentation. We actually had a earlier on in the process, we had a separate consultant who specializes in environmental and coastal areas specifically. Um, and she was the one who uh prepared that. So that's all in your uh documentation too. Okay, great. Thank you.

And then the the related conservation element. Um we updated policies to now support air quality. That was one of the things that we heard um from residents. The city being partly an industrial area and industrial areas being close to residential neighborhoods. Air quality was important and wasn't thoroughly addressed in the plan. Um we're creating working groups to support various types of environmental um regulations and help push that out going forward. Um and the new health and a focus a new focus on the health impacts of both extreme weather and pollution because that was something uh that the current plan didn't really address at all, but we heard that was a major major concern uh from residents. And then we have two new elements that we're including in the plan. So the state requires 10 elements be included and lists what all of those are. Um but it does allow for additional elements to be included. So one of the things we did we also had a separate sub consultant who helped develop the uh an economic development element um which which creates an economic development action plan. Then again, we also have supporting data. We did a market analysis um to support that. Um and that is all in the supporting documentation that goes along with the plan as well as all new goals objectives and policies that relate to economic development, support for local businesses, recruitment of new businesses, and support for our industrial areas. Um and then all of that under the umbrella of uh fostering job growth um you know prosperity for the residents of the city and to particularly to have residents be able to be employed within the city in which they live um was a concern that came up throughout the public um public input that we we got. So that is all

included in the new economic development element. And then the second new element is the community resources element. This addresses um a uh the required public school facilities element and brings that up to date with the language that the school district now uh requires and the relationship between the district and the city. But it also brings in a whole bunch of other um programs that the city provides and resources that the city provides that were not mentioned in the comprehensive plan at all. So now those will have policies and again we reached out to all of those different entities and solicited policies from them to make sure the comprehensive plan is calling for what they want essentially. Um and then some of the the smaller elements I'll just run through quickly. Parks, recreation, and open space. Again, we added support for existing city programs um tied in connectivity and mobility, which was something we heard from the public about access to parks being a concern. Um and then also public private initiative support. So like if development comes in and the city wants to uh you know require developers let's say to add parks or recreation space. Now we have some policies that can help govern that. Madam Chair.

Yes, ma'am. I think we went past the historic preservation. Oh, yes. That was in the community resources. Yes. So, my question is, are you looking at historic vistas as well? I'm sorry. Historic vistas views. You know, a view can actually be listed on the National Register. So, have you looked at things like coming over the Blue Heron Bridge and seeing the ocean and seeing the sun? You know, are you did you look at things like that? We didn't in the in the community resources element, we don't get into what the specifics are, but we do call for the creation of a historic society and that could designate exactly what you're talking about.

I I think it would be good if you spoke generally about historic vistas as well because I think it's going to have a big impact on the future, you know, of the city. I will make note. Yes. Thank you.

Thank you. um capital improvements element. Um minor changes just to um basically the criteria for how we pri how the city should prioritize um improvements that it's planning to make. And intergovernmental affairs is another small element um which we uh the main thing was to add increased coordination between local municipal fire departments. That was a concern that we got directly from the fire department. The next steps will obviously be to incorporate all of your suggestions and comments. Um and then we we will we continue revising the draft plan and the proposed changes right through the end of the process and adoption by ordinance on second reading. um in the um once it hap uh you pass the ordinance to update the plan on first reading then the whole all of the updates will go to the state department comments for the coordinated agency review and then once all those comments are submitted we incorporate that within the update and any changes that uh they require and then the update is finally ready for adoption. Madam Chair, if I may.

Yes, go ahead.

I want to uh point out um one or two other things before I introduce our our second uh speaker related to the plan. One of the changes in in our efforts to ensure that this is a plan that is a living breathing document that actively informs our decisions but also is accessible to the public was was the formatting of it. Um, we've we've revamped it so that every section has the equivalent of an executive summary like half a page where a resident can open our plan and understand exactly what coastal management is all about and and what is covered inside of it. So it has those summaries the the guiding uh components of each one uh so that this document is um increased in its usage because of its user friendliness and and once it is adopted even the the graphic design of it and electronic accessibility to it will all help um this be accessible to the public and uh the utility of it be increased. Um, so that's another significant change even though it's it's just formatting and also being intentional about taking time to describe what each ele of the 12 elements is about. Um, that is something that was a big difference that staff endeavored uh diligently on. Um, we do have uh one more um our uh our consultant uh related to the um special preservation section and you as you all are aware we had multiple conversations on that. So, we do have Amy Petrick here, attorney Petrick, to let you all know where we ended uh after our uh individual conversations related to that. So, I will uh yield to her at this time.

Good evening. Uh Amy Patrick. I'm a shareholder with Lewis Longman and Walker and I have the pleasure to serve as your special counsel in a variety of of litigation matters. um um most of which are centered around property within the future land use designation area that is designated for special preservation. In the history of some of proceeding in some of that litigation, um questions regarding how your comprehensive plan works with uh the special preservation future land use designation have come up. And uh one of the issues that is going to uh has been uh talked about with staff uh for your consideration as part of your comprehensive plan amendments is addressing the relationship between you uh a standalone ordinance that you have that talks about uh floating structures and live aboard vessels and your comprehensive plan. And so one of the things that we've been discussing is uh adding um language to your comprehensive plan that mirrors uh what your standalone ordinance governing floating home uh uh floating structures use for residential purposes and live aboard vessels. So that your comprehensive plan um in essence uh speaks to what your standalone ordinance already says on those issues. And so that is the suggested change that we've been working on in that area. Um and um so I'm here if you have any questions on how that would work or what that would look like or any any um areas that you would like for us to consider as we bring forward language uh during the comprehensive plan amendment process.

Sure. Yes. Go ahead. Yes. Thank you Amy. You're doing a great job for the city. We appreciate it. So, with the submerged lands, Yeah. So, are we going to make any changes, any tweaks to that preservation law?

So, within your comprehensive plan right now, you've got what we've been kind of informally referring to as your savings clause, uh, which talks about the preservation of judicially determined vested rights. that language remains as part of your um comprehensive plan amendment. There's been some suggestion on um clarifying a little bit that language as to how that operates if someone comes forward with a judicially determined vested right. Um just kind of stating the fact that uh if you have a judicially determined vested right to fill or alter the land and then you you've made a change to the land then uh the council would have the ability to consider what is appropriate for that land moving forward in terms of future land use designation. But um there's no changes that uh staff has been considering that that um moves the needle in terms of substantive rights on that side of the fence. The the focus has mostly been on um making sure that all of your documents speak to each other on what your policies already say with respect to floating homes and live aboard vessels. Madam Chair,

so judicially if we were to be overturned and so you are making it a special exception or you're recommending a special exception approved by the city council. Um so a special exception is a zoning um permission. Uh the work that I've been doing with your staff so far has been focused on your comprehensive plan amendment policies. I think there is a concept that your land development regulations would be amended to implement what those policies would say. Um and uh so that would be the next stage of of policy development. Okay, great.

Any other questions? Thank you, sir. That's all from staff, Madam Chair. Very good. Any questions in regards to this comprehensive plan presentation? Madam Chair. Yes. Go ahead. Thank you. And to discern and to your staff. Thank you. This has been a conversation that we've had for a while now and you guys have um taken the bull by the horns. They say they were supposed to do it every 10 years and I think we've we've exceeded that tremendously, but the fact that you guys were able to address them bring a lot of recommendations and get a lot of community engagement. Um, I saw that we had four public sharets, community sharets, um, publicly noticed. Are we planning on doing any additional sharets or

um, Madam Chair? Yes, go ahead.

At this time, we do not have any additional public sharets plan. The latest one was yesterday, actually, and where we collected additional information from the community. But uh the way we view it right now is we are at the point where we have um um intentionally uh reached out to the community multiple times in multiple ways to produce what's before you now. The next step uh would be taking this before the planning and zoning board which is a required step by uh the state agency regulating this um and then to city council for first reading. Now if we if there's unreadiness to what's been presented, we can absolutely um do additional work in that area. U but I at this moment we do not have additional um cheretses or community meetings planned. Um but I do want to note that what you have before you is the result of numerous community meetings but also going to the community where they are and giving them the opportunity to provide feedback from their homes as well through making this information available online. Are there any additional um opportunities for addition for feedback from the community um between now and bringing it before the board?

I know that we have the meeting general meeting with the the planning board, but is there anything else that's going to be happening between now and then?

So, Miss Simon will jump in if I misstate anything. Uh the website is still up, so we are still open to receive uh comments. Good. The planning and zoning board is a public hearing uh where there uh the the meeting um date is uh public and the community can come and provide additional feedback to the planning and zoning board who is your recommending uh body when it comes to land development decisions. So that is a a community uh community public meeting um that has effectively allows the community to speak and then the transmitt or first reading of it is an additional opportunity for for the community to uh speak uh their opinions and feelings about this and if directed by council of course um you don't have to vote to transmit. You could say hey um some of these comments um we want to make sure that you do this or implement this before it is transmitted. So, it's not in stone by any means, but of course, at some point, we have to move away from the public um workshop phase and get the actual texted before you so you can weigh in. Uh but again, we we serve at at your pleasure. So, um however we're directed, we will move forward.

So, websites up and running, the board meeting uh will be some additional opportunities. And the reason I asked is because I've heard uh feedback from the community uh after the last posting. But me knowing that you've had multiple sharets, multiple in-person meetings and multiple conversations, I think that uh we've done a fairly good job of letting the community know about these meetings. Uh we've advertised it, we've consistently gotten feedback and details, but if there's any other engagement that they would like to give, they can give it on the website right now. There's going to be at the PNZ meeting. Um, and those will be sufficient because I've seen them and I've seen firsthand the work that you got done. So, I just want to say thank you. Thank you for the work and for finally bringing this because we have to have a clear understanding of the comprehensive plan so that we can actually continue to build the city in the direction we're trying to do. So, thank you to staff. Thank you, Mr. Evans.

Madam Chair,

I was going to say something then I'll come to you and Mr. Spirits. Yes, I definitely want to thank you all for what you've done to get the community's input because I know you have participated in homeowner association meetings. you've been to neighborhood association meetings. Um even when there were other community events going on in the community, you all were there. So I think you have gone above and beyond trying to get the community's input and you know as much as we try to get everyone's input, we just won't do it. But I'm glad to know the website is still available so they still have an opportunity to weigh in if they're just now finding out about it. But um and and you all have been doing this for well over a year, probably more than that. I would say time has flown by, but you have really tried to address the community's issues, give them an opportunity to speak. And so I I you know, and sometimes I think we beat up on our like we're not doing enough. We're doing a lot and we're doing probably a lot more than what some other communities do, but a lot of times it's kind of, you know, it it's made to be in the negative instead of the positive sometimes. Um, but we're you're doing a lot and and I think that just speaks to how we want to make sure that the community is a part of it. We're not trying to push anything down anybody's throat. We're giving you an opportunity to speak. And so I just want to thank you all for the opportunities that have been made for the community to participate.

Councilwoman Davis Premier and I I agree with my colleagues and if you want to post that QR code again because I remember having you know social media and sharing that code and asking people just do it with their phone. So for this this last push if we can put that out there again. But I also had a great suggestion um yesterday and um council person Kashamba and Mayor Lawson, one of the parents was saying that if we could do the a small brief presentation to our youth council. Oh yeah.

Um that would be great because we're talking about 2040. Those are the people that will really be you know impacted um you know at that time. So if we can do something brief um I think that would be great. give them some, you know, opportunity to provide some feedback and as we said in 2040, they'll be the ones working and um looking for housing in our city. So, I think that thought that was a great idea. Sure. Go ahead.

So, uh, Director Surmans, Principal Planner Simon, my hat is off to you. You did a great job. I'm very proud of the work that you did. I, like I said, I've had a lot of experience in in master plans and comprehensive plans. did an excellent job and I'm really looking forward to implementing these sections of the plans. I've been to at least three of your workshops so far with the community and the community was very excited, very uh involved and it it was just great to see it and he did a great job. Thank you so much for everything you do.

Thank you to you all. Thank Yeah, I'm I'm glad um Councilwoman, you know, we have these hyphenated and extra names and we it just becomes so difficult. You know, I'm Councilwoman Kashamba now. So, let I mean, it it's diff it's a mouthful, but um yes, so we did talk about the youth council being able to give a little input. We do have a meeting tomorrow that's scheduled. I don't know if you all have a couple of minutes to pop by. We start at six o'clock at the library. Um, not putting you on the spot. I mean, we don't have to do it tomorrow. We can do it another way. But if you are available, we we can definitely squeeze you in on agenda. I just said we do have our planning and zoning board meeting tomorrow evening.

All right. Okay. You have to send us the We'll figure it out. Yeah. We'll get you in. All right. Anything else for this item, Mr. Evans or Mr. Surman? Nothing additional from staff. All right. Thank you so much. Thank you. All right. Item 2B.

Um, Madam Chair, at this time, uh, we'd ask for the director of procurement to come up and talk about proposed modifications to the, uh, procurement code. Is

that right? Hello. Hello. Good evening. Latana Ammons, director of procurement for the city of Riviera Beach. And today um or tonight, I have proposed um several changes to the procurement code. And so we're just going to walk through there about six main areas. So let's walk through. So to begin with um for procurement uh we uh operate under uh several governing laws, policies and procedures depicted here on the slide. That's a federal law, Florida law, um the Palm Beach County Code of Ethics, the Riviera Beach uh code of ordinances, procurement policy and procedures, purchasing car policy, and all things surrounding procurement. But for tonight's conversation, we're going to talk about the code of ordinances. And so the purpose of today's presentation is to provide the council with an overview of the proposed updates to chapter 16.5 of the city's code of ordinances related to procurement. These recommended revisions are intended to strengthen the city's procurement framework, enhance transparency and accountability. And this presentation will also provide an opportunity for council input and policy guidance as we continue to refine and modernize the procurement's code.

Procurement is the heart of an organization. We protect public funds. We protect fairness and access. And we protect the organization and this body. And so the level said every major initiative, capital project, public service, infrastructure and economic development um purchase passes through procurement. The procurement is strong. The organization functions with integrity and if it is weak or outdated, risk spreads across the entire system. And so here are six areas for discussion tonight. The first one will be article one changes or proposed changes to the general provisions and definitions. Article two the office of the purchasing agent. Article three procurement methods and competitive processes. Article 8 contains the bid protest. Section 2-166 the colon of silence. And last article 10 the local vendor preference. So definitions um the problem statement um can be um summarized as the existing procurement definitions require revision and expansion to ensure clarity, consistency and alignment with modern procurement practices. I guess the root cause of this problem is that the definition section has not been comprehensively updated to reflect current procurement technology, industry standards, statutory references, and operational tools. And so my desired outcome is to update and expand the definition sections to provide clear consistent terminology that reflects current procurement practices and supports effective administration of the city's procurement program. So in the attached document um to the agenda was the code and I didn't present

it here because it is a lot of work and and just very detail and so for tonight's purpose just high level the definitions right we've revised and we've added definitions for proposed change article two is the office of the purchasing agent and in this one the problem statement is that again the procurement code requires requires qualification and modernization of the authority um the duties in the role of the purchasing agent or director of procurement. The root cause for the change is according ordinance language does not fully reflect the structure the oversight responsibility and a regulatory authority and the desired outcome is to clarify and moderize the ordinance language to define the authority duties and oversight. So there weren't a lot of um just changes again a lot of cleanup but there is one major um section that I did want to point out for tonight or one proposed addition change is will be section 16.5-45 and that is the purchase order requirement and what this particular additional language does in this entire section is to require all spend above a certain threshold amount to be put on on a purchase order that ensures compliance with the code that minimizes the risk and so everything is above board. Not assuming that it hasn't happened before. I'm just stating that the code is going to state that all spend must be except for rent, utilities, intergovernmental organizations, and those um day-to-day charges uh monthly recurring charges um that we can't avoid, they do not need to be on a purchase order. And so that minimum um line which in my draft is is

negative because it depends on further conversation that we're going to have tonight um as far as that threshold. So that is the one proposed addition ch additional change um that I wanted to highlight for tonight in um article two the office of the purchasing agent. So number three is a procurement method and competitive process and the problem statement um for this change is that the provisions governing source selection and contract formation require clarification and modernization. The root cause is the existing language doesn't fully um reflect current procurement operations including a solicitation method, evaluation, negotiation practices, and contract award administration. And the desired outcome is to modernize and clarify article three to ensure that those methods and processes and procedures are clearly defined, consistently applied and align with the current operational practices and public procurement standards. So for this one, there is an ask on the floor from procurement. Article A states currently that the condition of use for all contracts of the seating of the city exceeding $25,000 must be awarded by competitive seal seal bidding. I am asking the council to consider raising that limit to 50,000 or 100,000. And what does that look like and what does that mean? First, the advantages of it is improves efficiency by reducing the number of purchase orders that could require a lengthy formal process. Secondly, allows departments to procure routine go goods and services more

quickly and enables the procurement department to focus on higher value and higher risk. and encourages greater participation from the small and local businesses and just aligns the city's procurement practice with modern municipal procurement standards. And on my next slide, I'll show you what the other cities thresholds are. So, if we can see this um Bokeh um has a threshold limit of $65,000 for non-construction and above 150,000 um for construction. That means that at above 65 must go out for public solicitation. But for construction they um above 150. Delray Beach is 65,000. Green Acres is 35,000. Jupiter is 50. Lakeworth Beach is 50. Palm Beach Gardens is 65. The village of Palm Springs is 35. We are at 25. The village of Royal Palm Beach is 50. In West Palm Beach, it's 50 for goods and services and $100,000 for construction. And this research was completed a couple of months ago. So, if there has been a change, you I want to state that now that I wasn't aware, but we did do the research.

Question. So, you're asking for an Let me back up. The threshold now before it has to go out to um public solicitation is 25,000. Yes, sir. So, anything above that, it has to go out for public um what is it? Public solicitation.

Public solicitation. That's the word I'm looking for. So if the threshold were to be raised, um, contracts can be issued without public solicitation. But how would that selection process work? If I understand your question correctly, if there's a contract that we want to award for, let's say $40,000, how is that selection awarded? It is the same way it's awarded now. Um the city manager um had would have the authority to award a contract up to $50,000 current the way the code is currently written. So Mr. Evans has authority up to 25 and so he makes a determination for those particular awards. Um and procurement has the ability as well.

Um I was going to say madam chair I'm sorry. Oh no I'm still here. No I have another question. So this would give the city manager the the authority to issue contracts beyond whatever we decide that threshold is. Yes sir. It would allow procurement and the city manager to award up to that threshold.

Um I'm g make a comment. Um there have been some decisions made that um don't relate to procurement but that threshold being used as what a city manager has authority up to this amount but I know it originated with procurement but it's been used for severance packages and other issues and I it just gets out of hand if it's not specific to an issue. Um, right now, um, some believe that that's just an authority that she can use for whatever, but I know it was for procurement. So, I have reservations unless we be very clear about what it can be used for. um this is not for anyone to use it at will on other issues, employment issues and all those other type of crazy things. So those are my comments. I have reservations about this.

M go ahead. So um you said it's the way it's currently done. So with procurement is this where you all ask for like three you you reach out to say if you're talking about contractors you reach out to three tell them to put a bid in or is that if I can share the next screen. Okay.

All right. So the next screen is I created this quick um procurement quick reference guide that I've shared you know with all directors and and anyone who needs it. So you can see right now that um anything less than $2,500 um that's how you can procure an item if you go across either a purchase order or a PC card and what's needed is a quote on procurement. The next line is 2500 to 25,000. We would need three written quotes. So that is what you know someone greater than 25 2500 to 25,000 on the second line 2500. Okay.

Yes. You can use a purchase order or PE and carb. There's a asterk at the bottom. You know, you know, it's approval, but then there's three quotes and then the procurement, the approval required as procurement. Meaning, if someone has a $10,000 spend um and they provide the three quotes, the procurement will um approve the purchase order when it's the lowest quote. And there are some exceptions, cooperative agreement, um a sole source or a single source, right? Um the next line, the third line across is if it's up to 25,000 um we have is a and it's a professional services contract. The documentation is a fully executed contract. And so that will be um procurement and city manager. And I also want to say that this is not it was all legal. Legal is there approving all of the contracts. But just from a quick, you know, reference guide, if you have a professional services contract, it is $20,000. You can have it approved at the city manager level. And then the fourth row across identify soul sources which again they have to be approved. And you see in the last column if it's less than 25 procurement can approve via you know the requisition or PO process but above that it has to come to city council. Um same with a single source emergency justification. um that's with the city manager office and then we have solicitation and piggybacks at the bottom and cooperative agreement less than 25 states in procurement above 25 comes to the um the council.

I'm sure. Yes. Go ahead.

Okay. So, what I'm I think I'm getting from this is that we're raising right now, for example, the city manager can spend up to $25,000 without the city council's approval. Correct? So, you want to raise that and I have no issue with raising that. I just think that we should get monthly reports from the city manager if we do this. And I think we have to make sure that these funds are audited, that they're included in the audit because, you know, technically that the city manager spend 25,000, you know, 300 times during the year. Uh so we have to keep a hold on the budget and the city council has to be aware of how much money is actually going out. So I just think that there has to be a check. You know, for example, the city council has the authority uh after that month to put a cap or to change the regulation uh if we feel it's being abused. And I'm not saying our city manager is going to abuse it, but I I just think that there has to be some sort of failsafe system in there that the uh city council can use if we think that this system is being abused. If I may, on my next slide, I'll show you what that option looks like. Um at the $50,000 level, um procurement is is is asking that well using that same methodology from a mathematical perspective. um quotes less than five. We only need one quote. So, we move that number. If we want to move the threshold, we kind of move the other numbers um to be in line with the 50,000. And so, spend between 5,000 and 50,000 will need three quotes. And then up to 50 again, it's a procurement um approval and city manager. And so, um the change is the changes are represented in red. how that would look.

So, let me ask you a question. Um, Miss Ammons, is this I don't see any charts and stuff that you had in the back. No, ma'am. I just completed the slides recently. I can send that the slides. Yes, ma'am. I'm chair.

Go ahead. Um if this were to be um approved, which I have reservations, um it should be strictly for professional services or not prof just professional services, but for goods and services that we need um not employment related issues and I got this authority to go up to 50,000. No, no, that's goods and services.

Um, I'm talking to my colleagues now. Um, and and that should be very clear about the restrictions of this increase if it were to be taxed. That's all I have, Madam Chair. Okay, Madam Chair. Yes. Go ahead.

Thank you. Um, Director Ammons, the reporting, um, I believe, uh, Councilman Spirit has mentioned the reporting. And what does that reporting look like? My only hesitation with this is that we've requested as a board a disparity study back in 2019, and to this day, I do not have the data for a disparity study to be completed. So, I don't know where the spending is going when it comes to this amount, whether it's 25 or 50, because I want to make sure we can track local, women, minorities, small businesses, regardless of the language on the national level, we still need the data. So, Director Ammons or Mr. Evans, where are we in regards to the data collection of participation in contracting?

If I may, um, the council approved a contract with a company called Prism. um several months ago and we are working um with them and we have meetings um weekly about um installing and um having the new data um a to be able to have the data available. We have had some hiccups along the way and the hiccups were um just system related, right? Tyler talking to Prism, Prism talking to Tyler. We've made some movement. We've decided to um use the contract module and Tyler to help with this endeavor of not only tracking the contracts and knowing where all of that spend is, but to have the data for the disparity study. However, it's a chicken before the egg race, right? we want one thing and then we talked to Tyler then okay well we need to do these things okay great so we kind of put prism on hold in this particular area so with the data we've been able to successfully upload with the help of it the um PO data we're just now waiting on the contract data and the payment data and so you know 50% of the way um the team said it's kind of hard to put a percent on it because you think you're there and then you have a hiccup but I can say we are moving um expeditiously to have it fully implemented so we can begin to run the data and um get the board council exactly what they needed. But it's just taking us a little longer because we didn't know, you know, like the fields and and the data integration is is what's to hold up.

Follow Madam Chair. That's correct.

And a little longer is an understatement because there's been a high turnover in the few departments and um being that you've been here for a year, but this direction was given to the council in 2019 and it was unanimously supported to be done and completed and the fact that we still don't have the data. We've requested multiple organizations come in to review and capture data. I'm not sure if it can be done shorthand where we can just get a pencil and pen and make a phone call, but I don't understand why we just do not have the data. And that's my only hesitation because I absolutely support the manager having the authority to increase it as long as the data substantiates where the money is going. And our goal is to support local vendors. So that's where we have to make sure that if we do decide to increase this, what does the reporting requirements look like and how do we make sure it's properly documented and how do we incentivize local women minority businesses and make sure those dollars that we're spending are staying in the city and we can circulate that money more in our community. So it's just the reporting for transparency for our residents one, but then I'm very concerned with the lack of data collection for our disparity study. So I know you've given us some oversight as to where we are. I want to know when is it going to be complete.

Excuse me. Madam chair. Yes. Go ahead. Um, mayor has been here for one year. We have a city manager been here since 2019. Those questions should be directed at him. Well, where is the data? Thank you, Madam Chair. Go ahead, Mr.

So, I don't have a final date. If I say January 1 and then it's September, then I exceeded my goal. So, um this is March and I say October one and I'll come back and report and I'll know exactly um hopefully I reach it by October one as far as um the implementation and if not I have an exact answer as to why not. Um when you say October one, what what does that mean exactly? um October one for prison will be fully implemented and we can have the first report and then we will start collecting data. We will start collecting the data. Yes.

Okay. And and colleagues to to that point um with whatever change happens in politics, governance or policy um and say DEI disparity, local participation, vendors say that we uh change that on a national conversation. We don't have the data because based upon the conversation we had with Franklin Lee, we need about five years of data to complete a disparity study. Um, and we would be starting, as Miss Hammond said, October one. So, we have to start having documented data to justify moving forward with policy decisions because this is a policy decision where we're going to increase it and give flexibility to our city manager. But I still feel uncomfortable because I haven't got something that I voted on with uh with three of my board members that are still here in 2019 unanimously to support a disparity study. So being that we're still not completed with it, what does that clad type documentation look like from our procurement department? Because mammoths, you're saying that we're not going to start collecting it till October. So what does documentation and referral look like so that we can make sure the increase is going towards uh local or SBEs? How can we make sure that we document and what kind of reporting what will that reporting look like for us and how often will that come to us on that reporting scale?

So um I just want to clarify that we have some of the data. We just don't know what it looks like. meaning we know what our PO spend has been, but our system just didn't categorize it as a local a SB, you know, or a minority or veteranowned business. And so, um, I think the monthly reporting, um, I envision as actually showing the actual spend and the categories of the spend for that particular month, right? this is what went out the door and this is the category every month is what I am um that that that's the goal.

Well, Director Emmons, as you know, that's not the goal to get a disparity study because the category of spending has to be identified as SPE. Um has to be identified as local as you said is Rivier Beach, then Palm Beach County. Um so it has to be clearly identified. And if we don't have those markers, we don't collect or have data. So that's based on the conversations that our professionals and that the consultants have brought in to tell us. So we're going around something that we've asked for years. My concern is I can support this if we have an idea of how often the reporting is going to look like. The county did a disparity study. The city of West Palm and the school board all did disparity studies, but they took 5 to 10 years to collect that data. And then when it finally was implemented, they were able to create programmings from that study. We can't even piggyback on that because we still don't have the data to justify piggybacking. So understanding the the bare minimum, I just want to know how often will this be reported from Mr. Evans, city manager and procurement when we increase the spending and how do we prioritize local SBE or even uh uh small business uh for this spending? So the spend will be the reports will be monthly.

Yep. And they will be categorically um laid out the what the way you've just outlined it. The system can't do that. Um for this particular um purpose um we will just we will reflect all of the spend and that ties into um the ask also of all of the purchases above a particular threshold are put on a purchase order. So, we're able to collect all of the particular data, right, that's needed. And so, I believe I can have your data in the in in all the formats that you need um starting October 1. Thank you, Madam Chair. Go ahead, Madam Chair.

Yes. Go ahead. Uh moving forward, I think that we should make it very clear that um whatever amount we agree on, currently it's 25 that signing authority is strictly for goods and services and it hasn't been used strictly for that in the past. Um, and I brought it up at a city council meeting, severance packages, giving people money to to leave the city. That that needs to stop. It needs to his signing or her whoever the city manager is signing authority needs to be only for goods and services. And um, I hope that I can get this the majority of the city council to agree to that moving forward. and moving

and moving forward. How do we put that in place as a part of Okay, Madam Chair, I I think that would be a question before I say the attorney. Madam Chair, yes. I got a question. So the um I'm just trying to think what 25. Okay. No, I'll come back. Let me let me think on what I'm trying to say with it. All right. Go ahead, Mr. D.

Um, yes, I threw that question to Miss W. Um um Councilwoman Davis Premier asks, "How do we institute restricting the city managers, whoever the city manager is, signing authority just for goods and services and not using it for anything else?" Madam Chair, yes, go ahead.

We can make it clear in the ordinance. I did have a question though. Does that still also include professional services agreements? Because right now the manager has the authority to enter into professional services agreements. So let's say with a consultant for up to $25,000. If we increase the amount to 50, does that still apply to those? Madam Chair. Yes. Go ahead.

Um I would suggest that if it's professional services that needs to come before us. And I'mma tell you what, um, sometimes there's studies and, um, information retrieved that we don't even know about. Um, and that's because they have a signing authority that doesn't have to come to us. Um and um the finance director went out to gather an attorney to get a legal opinion and all this crazy stuff, we we need to know what's going on with the public funds. So if if if there is um some professional services including legal, we need to know about it before they go spend that money. Madam Chair.

Yes. Go ahead. I I believe that I heard Dr. Spiritis make a recommendation that I would encourage you all to adopt or consider and that would be that a contracts list basically comes to you every month telling you who the manager up to his authority entered into a contract with and for what services. A lot of um governmental bodies do that. Um to to put every contract on your agenda is not necessarily considered efficient, especially at such a low threshold.

Okay. I I I can I can deal with the reporting, but my point is that that need to be more accountability. That's where I'm going. We can institute a a contracts list that comes before you once a month probably. I would say at your first meeting of every month you would have a contracts list that you can question. Madam Chair, hold on a second. Um, council Miller Anderson

and so we're saying you're saying to well I guess the group is saying to do that if you increase it to the 50. You know, I'm saying we need to institute that now with what what it is 25 grand moving forward. We need to put more restrictions on this. It's too loose now. Well, I mean I I think um if we're going to do that, we need to and I know there's not a CRA, but we need to make sure the board attorney would agree. Everybody if that's the case. Um I'm with that.

I um you know, I mean, Mr. Evans is in the seat right now, but you know over the years, you know, there will be a number of people probably that would be in that seat. And I just I I don't sometimes, you know, people may have a a a preferred vendor or someone that they know and they say, "Hey, well, can you you know, this person wants to needs a contract." And a prime example, I I won't call it out too much, but I mean, it happened in a a public meeting. Um, and that had been happening, that had happened, you know, a couple times, and I had an issue with it because it it was a concern for me. Um, but we didn't it didn't come to us. So, and that's been, you know, that has happened. Um, so that's why I I'm I'm good with the 25. I I think when you bump it up, you have more of that happening and we can have the contracts list, but what are you going to do about it? You already gave authorization for it to be done. So, I mean, what are you going to change? I mean, you can always change it, but I um you know, that just put an exclamation point for me as to why I I you know, I I had an issue with that and you know, that was known. But, um yeah, I I'm I'm I'm good with the 25. I I don't

Well, I am too, to be honest. We And I'm talking across across the board with C. Um but there needs to be more restrictions on what they can use it for. Um good and ser professional services. Madam chair, if I may. Yes. Go ahead.

Um so listening to the to the board's conversation, you know, um I'm quite comfortable with the the amount that's already provided. I I will encourage the board to consider um as provided for in other municipalities the ability for construction and or a a good right um a pump goes down at the utility district is $50,000. We have to then come to the city council or deem it an emergency to help facilitate that. So, if it's the board's pleasure, I would like the board to consider something as it relates to, you know, if it's construction that I've got to fix a stretch of sidewalk or a piece of pavement or those types of things that we could effectively do that and and we can explore what other municipalities, but I'm I'm quite fine with the amount that's provided um for in the uh in the code, but I will tell you that there has been many of times where we've had to declare things uh an emergency on the utility district side to help facilitate getting motors and pumps and and and other items.

Madam Chair, yes. So I hear Mr. Evans, but I I guess my concern is that we have to find aggressive, creative ways to help with uh small businesses and local businesses, giving them the flexibility and the ability to go out to these vendors. Director Ammons or Attorney Wyn, is there a limit or or max that a individual vendor can receive annually without a public solicitation? Is are they capped? Because I've heard vendors come to me and say, "Oh, I've received the max that they can do for the year." 25.

Yes. And it's 25,000. So, and and I know then that was a question for for the board because Miss Miller Anderson said there are vendors that have been, you know, they keep touching the well because they were capped at well, I'm sorry, they were able to receive up to 25,000 for either work, services, labor because they may be quote unquote preferred. we've heard it uh publicly, but I think that also gives us an opportunity with the reporting to see who has and who's receiving this because we need to do a a job of seeing exactly who's getting these contracts because I can agree with Mr. Evans services goods. Um, and I'm even I'm okay with professional services. I would want to ask the board to give that flexibility to staff to allow for them to use locals, to use SPEs, and to be able to increase that spending authority with a reporting structure behind it. And let us give them a better opportunity to benefit and support some of the locals when it comes to some of the securing of goods, some of the procurement process, and some of the construction that needs to be done. because those smaller jobs there's not that many between the range of 25 to 50k that Mr. Evans won't be able to procure or secure locally if we can increase that opportunity. So that's why I want to give him that chance with the reporting.

Madam Chair, yes ma'am. Okay. So I'm trying to get this straight. So the city manager can give let's say a $25,000 professional contract to an engineering firm. Correct. Correct. Without coming to us. He could then give another $25,000 the next month to the same engineering firm. No, no, no, no. He's limited to that 25,000. That's it. Got to stop right there. Correct. Okay. But he can give it to another engineering firm. Yes. A different engineering firm for 25,000.

Okay. No problem uh raising it because we have to look at inflation board. You know, this 25,000's been on the books for a long time and inflation, we're not getting really what we had years ago. 25,000 doesn't go very far. I have no problem raising the money. I don't know what everybody wants to go with, but I just think that it should be reported to us and can only be used one time. And once again, we should have a fail safe where we can stop the process if we want. If we feel it's being abused, we could stop it. So that should be in the ordinance that a majority of the council if they after reading the reports can make a motion to stop the uh the use of the of this type of spending, you know, for whatever time period they want to do it for, you know, for the end of the fiscal year or whatever.

Madam Chair, go ahead. Just a follow up to that. That is just a policy change. So we would just bring it back before the board if after No, it's not just a policy change. Um because I suggested that it be restricted to goods and services and that has to go into an ordinance. Am I correct, Miss W? That's correct. Yeah. No. So we're making it restrictive to goods and services. Thank you, sir. What else is there besides goods and services? He's been using it for employment related issues and I brought it before the board for severance packages and the signing authority. That that's craziness. So what about professional services contract?

Yeah, I'm I'm okay with that. So goods and professional services. So that that cancels out um I mean I don't know that this has been happening and I'm not saying that Mr. Evans is doing it, but um you know providing like purchasing tables. I'm sure we haven't purchased $25,000 worth of tickets or tables, but Huh. Good. Not not No, not when I say tables, I'm talking to. Oh, you mean? Okay. Nobody's buying tables. We bought tables. What? What does that fall?

I don't know what that f What I mean, I don't think no one has spent that kind of money, but I mean, and I'm talking over the years, and I'm not just talking about current with Mr. Evans. Yeah. Yeah. you know, that kind of stuff going to the city manager. Somebody goes to the city manager, hey, can you, you know, donate this that comes out of his promotional budget and so it's not considered under procurement. Correct. I'm pretty sure we're beyond the promotional budget. I mean, when you all purchase tables and and things, we're we purchased quite a few tables recently and it's coming out of promotional all of it. Madam Chair, if I may.

Yeah, that that would come at a promotion or any legally available funds that we have. So, if there's a situation where there's a vacancy in in an operation and we have the money, we as long as we don't overexpend, we we would utilize that. So, you know, we those types of events and activities as long as you don't overspend your your budget.

Okay. Okay. So there's going to be an ordinance change that needs to come before us to restrict it to goods and services and professional services um so that it can be used for what it was originally intended for procurement procurement related issues. So we're going to do we're going to do the 50,000 for those specific items. Okay. This is for um procurement uh a city manager, city attorney, everybody.

It'll be across the board for and we would have to bring the same on CRA and utility CRA and utility district. Yes. Okay. CRA get the same restriction. I mean, I don't agree with the 50. Y'all are going to 50. Is that what you're saying? I don't. Did you all say 50? I I agree with the 50 when it's uh limited to those three things. Okay, Madam Chair. Yes. Go ahead, sir. So, are we going to include the utility district in this? No, we have to do it at their meeting. We'll do it at the meeting. At our meeting? Yeah. Okay. Uh 50. We got three people stand up. I am. Let me do it. I'm standing at 25.

What are you saying? What's your number? I'm 25. I'm 25. Well, the rest I can go I can do 50. Um because it would be limited to those three items and and and if it's 50 25, you know, I don't have to see all of that, but the 50 I would like to see it. I'm saying we have to vote on it, but bring it back. Not bring it back, but a month a report like you were saying. Yeah. All right. Now, now with with the construction related issues, the pump go down and things like that, that's that's a different and we'll deal with that in in the utility district, right?

All right. So, but roadway, um sidewalks, what does that fall under? Construction. Those goods and services. Construction would be a commodity, right? M madam chair if I may. Yes, go ahead.

We we have pumps on firet trucks. We have, you know, a variety of different things that easily can can exceed that. So there's, you know, AC condenser or compressors and, you know, AC units go out. There's there's a lot of things that um that would exceed that. That's primarily some of the challenges you have with some of the items that we have to put on your agenda for the purposes of approval because, you know, we can't buy the $35,000 piece of equipment that we need and we have to wait or deem it an emergency to be able to do that. So, how has it been dealt with now? It's just been deemed an emergency. It just comes to the council as an emergency. It comes to to procurement as an emergency.

It's deemed an emergency. So it doesn't have to come to us or does it come to us afterward after the purchase? No one's trying to We aren't trying to avoid coming to council. It's just if it's deemed emergency how's it done now? So if it's deemed an emergency, it doesn't have to come to council. Um but we do they they um the departments fill out a form. We have the form. It is attached to the purchase order. It is a it tells the story. So it's not just hey I need one but no they have to sign that it is an emergency it is a process

and who makes that determination that that is an emergency does the procurement do does the department uh director do or does it call it the city manager um procurement does and and I promise you no that's it yeah that's it you deem it as an emergency and that's as far as it goes correct uh Mr. today. I'm done, Madam Chair. Yes, go ahead. I I just think that the city manager there should be a a checks and balance here. I think that besides procurement, the city manager should also authorize it as an emergency. Um, yes. So, go ahead, chair, if I may.

From an operational perspective, the departments do communicate that to me and then I instruct them to go uh follow the process and work with the procurement. So, I'm aware of the emergency. It's not a situation where they just go to the director and and she and there's coordination. She does talk to me and say, "Mr. Evans, is that written in the ordinance like that?" I don't think it's prescribed in the ordinance. It's just a a matter of practice. So, it needs to be prescribed that way. I don't know if that could be an operational thing or a policy thing. I'm not sure if it's it lands as high as the ordinance, but it it needs to be written somewhere that that's how it works.

Um, and Madam Chair, I'll get back with you all. Um, emergency purchases are in the ordinance. I didn't bring my my my laptop. Um, but they they are in the ordinance and it does give direction um on approval. I think when I came and started with the city um city manager was approving it, but by the ordinance if memory serves me correctly um procurement can't does authorize it. Um but by practice it was going to the city manager by practice. And so we wrote a memo because the you know at first the power was just it was just too high from an operational perspective. But I I think with working with the I know with working with the departments and really outlining what is urgent versus an emergency uh the number has decreased a lot because everyone says oh I need it I need it but if you waited three weeks it's it's not quite an emergency any you know it's urgent. Um, and so through those instructions and training, the number has decreased a lot to what people really deem as an emergency. Um, so

so yeah, that that's the that's why I was saying that because if the operational policy and procedures have to reflect the ordinance. So if you're you if you're having this process that's going to the city manager and he's aware of it, then that needs to be written in the policy which corresponds to the emergency that's in the ordinance. Yes, ma'am. Madam Chair. Yes. Go ahead.

I just want the board to be aware and the city manager brought this up. Uh a pump in the, you know, a water pump in the in the firehouse could be $50,000 and it could, you know, it's something that has to be done. So I I don't think we should I think we should stick with the $50,000 number. You know, just small pumps in in just buildings, you know, are are 30 $40,000. So, I think the number that we're thinking about the 25, it sounds great to keep it low, but it's not going to be effective. I don't think we're really going to get what we need we we need done.

Um, but that doesn't stop us from moving forward and getting it. There's still a process in place to allow allow them to move forward with it. Um, you know, I mean, I've been here for a while. I've worked with several different people and um, everybody's not the same. So, I think for accountability purposes and just keeping everybody keeping things transparent, the 25 for me is where I am. Um, again, M. Evans is here today. I mean that what we're talking about right now is for the future.

Yeah. But again, I'm one person. You all let's not continue. Let's figure it out and move on because it's what 8:30. So I'll skip the I'll skip the next slide because it was option B based upon $100,000. Okay. Don't $100,000. My workshops are to take the deep dive and we should not have had all of these items on this agenda. Take your time.

So article article eight

article eight um is appeals and remedies um really or known as protests and and that is the area that I um have proposed some changes. So the problem is the protest procedures require clarification to ensure that the process is fair, efficient and limited to parties with proper standing. Um the root cause is there's some ambigu um some ambiguity in the procurement code and then the desired outcome is to clearly define the protest rights establish appropriate procedural requirements and ensure the proc protest process is administered fairly consistently and in a manner that protects the integrity of the procurement process. And so the proposed changes in your package um wanted to highlight that one, it will require a protest bond um to discourage frivolous posts and allow the city to recover administrative costs if the protester does not prevail. It establishes that protests are intended only to address material, procedural, or legal errors in the procurement process. In other words, you cannot protest because you are upset that you are number six and not number one. It requires the protest to include a detailed factual and legal grounds preventing vague or unsupported protest filings. You cannot take a look at everyone's proposals, come back, do your own evaluation and say I should have been at this level and not. It clarifies that the protest must be filed within 5 days after the protester becomes aware of the issue and proven certainty and timeliness. and it prevents vendors from using the protest process to challenge

solicitation terms, evaluation criteria, scoring formulas, and methods after proposals are submitted. The protest language allows for them to protest while the solicitation is open through the end of the question and answer period. So, someone shouldn't protest because again, they're not number one and say, "Oh, I don't agree with the factors." they had that um the time to do that while the while the um solicitation was open. And then it just identifies circumstances where a nonresponsive proposal is not eligible to file a protest. And so that is kind of the highlights of the new detailed protest language. Here is a chart that shows what the um protest bonds are for some cities around us. So, city of Delray Beach has a 1% of the protesters bid or $5,000, whichever is less. The city of Palm Beach Garden charges $10,000 or 10% of the protesters bid, whichever is greater. Lakew Worth Beach is $1,000 for procurement values of $50,000 or less. 5,000 for procurement valued at 50,000 or more. Palm Beach County is 1,000 for solicitations less than a million, 3,000 for solicitations one to five or greater. And then we are I am proposing a 5% of the value of the protesters bid bond or 5,000 whichever is less.

Madam Chair, and currently we don't have this. We do not have one. That is correct. Okay, that's why this is what I'm proposing. Is that Can I do a followup? Yes. And and obviously that's that's common because other municipalities have it. Okay. Yes, it's common. Yes. Go ahead.

Okay. So, I happen to like the Palm Beach Gardens one. I think it's in between. We don't want to make it too easy for people to protest. you know, $5,000 on a major project is nothing to a developer or or a large contractor. I think we have to, you know, $5,000 is nothing. I think we have to, you know, up it, you know, I would go with the $10,000 and whichever is higher, you know, that Palm Beach Gardens has. I think that's somewhere in between. Yes, sir. I'm sorry. Um, Madam Chair. Yes. Go ahead.

I'm sorry, Miss Em. What What did you recommend or did you make a recommendation? The recommendation I proposed um in the draft was 5% or $5,000, whichever is less and Dr. Spiritis um is suggesting 10,000. So if someone wants to protest because of a material or legal error, they have to they can protest and they have to pay a bond non-refundable. Oh well, we don't get it that they we hold it and it goes towards any administr any administrative fees or you know the cost and then if there is a delta we will refund if they prevail we will refund those funds. Okay,

Madam Chair. Yes. So, let let me let me bring up this example. When when I first got here, when we there was an issue with whether that person was a local versus out of state and so we found that, you know, new information that changed it to that person's favor. So would that person have had to pay this to um pay this bond to say do that extra research where we found out that we probably made the error they would have to to pay? Yes, ma'am. Okay. But so they get their money back if if it's found that we if they prevail. Okay. Okay.

Okay. Okay. The next to last section is article two. Madam chair. So did we identify an amount or a percentage? Is that what we're looking for or you just give to tell us information? I'm I'm looking for an am an amount and amount of I think the 10 is high. I don't I don't

do 7500. Madam chair, I just lose something. I just mean we got to be on point. Huh? What's wrong? What is it currently? Nothing. Nothing. Oh, nothing. Nothing. Nothing. My question. So, I I I can go with either I can go with either um Dr. Spirit is 10 or if y'all going to split the middle between five and 10, 7500. It doesn't matter, but we need to make a decision and keep it moving and we need to be on point. Uh, we can go to 7500. Any objections to that?

I mean, are we just grabbing the numbers? I just said it between 25 again. Is is that a percent? So you have 5% of the value 5% of the value of the protesters bid or estimated it doesn't look good in the green does it contract value or 5,000 whichever is less. What about whichever is more? Yeah, I'm fine with the suggestion. What did you say? The suggestion with the 5% 5,000 you said? Yes. Whichever less whichever higher

we have some heavy development coming up. Whichever 75 then 75. What's the percentage with the 75? Oh, we can just do a flat fee 75. Okay. Okay. Okay.

All right. So the next to last is the article 2-166 the cone of silence. And so the current code of silence provision do not adequately protect the integrity of the procurement process. The current code of the root cause is the current code of silence provision is triggered only after a solicitation closes which creates a gap in the procurement process during the period when a solicitation is publicly advertised and vendors are actively prepping responses. This gap can create a period where communications may occur that could influence the procurement process. So desired outcome is to strengthen the cone of silence provisions to begin when the solicitation is publicly released and apply consistently throughout the procurement process to protect fairness, transparency, and the public trust.

Madam Chair, yes, go ahead. So, how is the city council supposed to do research and investigation before the uh bids come back to us? I'm I'm not sure, sir, if I understand your question about research and investigation. You put out a bid and and I have questions that I would like to know beforehand that may change that person's bidding process. You know, if I go and I meet with a developer, I say, "You know something? I think that's stupid what you're doing. I think you ought to do something else or whatever. I I can't say that to a a developer. So, um

I understand when it's at when it's when the solicitations,

right? When a solicitation hits the street. Well, let's let's most of the projects are listed in the budget and so we know kind of what we want but when we put the items out on the street for you or anyone so I won't you know point thing is to have a conversation with one potential and not to have a conversation with all can lead to um could having a peer appear that is not necessarily an ethical practice because when we post solicitation. Some of them could reach a two, three, 4 thousand people, but to have a conversation with just one or two, then the other ones are not um um having that same conversation or that same advantage point. And so my philosophy is there's nothing that a developer could say to you all as voting members that they should not say to procurement. They're asking what are you looking for? we ask procurement and then we'll look and see if the solicitation was clear. The solicitation list to ask but if we aren't clear then I need the vendors to say hey you aren't being clear or have you considered to come to us but for you all um for someone to be in a position to vote up or down and yet they've had conversations with um potential biders is unfair to everyone else. And in my um public procurement um experience um everyone once it hits the street all talking stops about the solicitation to ensure that it's ethical. We ensure the integrity. We ensure that it's fair across the board for everyone who may want to submit.

Madam Chair, that that's great in a perfect world, but here we are as a city council. We have to make two $300 million decisions in at a council meeting where we may get the agenda three days before. How are we supposed to make an intelligent decision if I can't talk to the city manager or you or staff or anybody about this solicitation before?

You can talk to you can talk to the city manager and staff about the solicitation. Just not externally. Once the solicitation hits the street, no talking externally. Internally, yes. And I and I apologize if I didn't make that clear earlier. Um, but just not externally, but internally. Yes. So, if Mr. Surmans puts out a solicitation and then you say, "Hey, Mr. Surmons, I saw it. I have a question. Did you consider?" Is in that time that we can put out an, you know, we can put out an addendum to correct an error.

Can the staff talk to the external contractor? No, no, there's nothing to to say to a potential external because they may be they may have more information and maybe you know that someone else doesn't have. So that is why during the question and answer period um they ask a question and we post all the answers. That same concept sometimes you're in a seminar and someone on the front ask a question but no one in the back can hear it. And so for the benefit of everyone in the room, we um the the person with the mic repeats, it's that same concept. So if a potential bidder has a question about a solicitation, they ask procurement. We don't have all the answers. And so we go to the department to say, could you please answer this particular question? Um and we do it all the time. They answer and then we provide those answers to the entire community and it makes it a public. It just it's everything is transparent and above board because let's look at it the opposite. If someone has a conversation with a potential bidder and they give their opinion about what is needed and then it comes here and you all want something else then that vendor can be sli you know slided and feel you know that uh they were led down the wrong path when if they had just asked procurement we would have answered publicly. Would that I mean it's not a solicitation, but would that include developers that are looking for variances or or changes in the zoning?

If they're looking for changes in the zoning and the solicitation is open, they will submit the question to procurement and then we will ask that department, we will ask development services. So therefore, every vendor who may have been looking at it will know that there could possibly be a change versus the one acts. So that includes all ordinances that are brought to you by a developer. Yes, I have no problem with I think it's good. Um, madam chair. Yes. Question for you, directors. The con of silence, when does it start at the uh at the county? The county currently starts when it closes. Closes. And what does our current code say?

Is it the current code uh says that it starts when it closes as well? Yes, sir.

Okay. And you wanted at the beginning uh just so that all uh responding biders have the same information and no information is disseminated outside of what the council uh tells them differently. Um the the the concern that I see is that like I said earlier the data I want to make sure that the staff is on the same page with the expectations and if they ask the questions as to what are you expecting that the same information is given local small businesses and without actual staff collecting that data I'm a little concerned with with alleviating that power from the council because when developers call the First people they call is the council and the mayor's office. What do you guys want in your community? Whether a solicitation, they may not even have heard of River Beach until the solicitation hits the street. So that first call, it needs to be reflective on staff's action as well for this to be something that even I would see this council supporting. I need staff to do the action necessary to make sure that they're holding the pleasure of the board um at the at the discretion of collecting data of implementing policy that supports local businesses because the actions are being done. Mr. Sevens has done a great job when it comes to local spending for the fire station, the uh police station, uh for the the all the the impact over 50% for our fire stations who went to local minority women businesses. But without policy once Mr. Evans is gone and this board is gone, that doesn't have to be the same process. But if we have policies in place that substantiate and support it. So the policies have to reflect for any of these changes because the corner islands I I don't see why we would change from what the county is doing at the same level. The county wait still it closes. Why does the board change that? So that's my that's my thoughts.

Go ahead. What um Director Amos, what is um I know you just explained uh to some degree why you decide to do it the way that you have suggested, but I I didn't catch the real downside to and I know you talked about everybody having the same information. What is the what is the um the biggest problem with doing it at at clothing?

So um first um based upon my colleagues throughout the country most people um in public procurement is when the solicitation hits the street all the talking um stops. That's just throughout the country. We talk about it all the time at conferences. It's it's so for me when I say it's when it closes they're completely shocked, right? The biggest downside is is just that it becomes it the possibility that is unfair to every vendor. Vendors have relationships with some and not others. People want to break into the business but they feel like you know the area and they feel like they can't. And so um that that is the biggest deterrent. So they may not even submit because they feel as if someone else has more information or has a leg up to ensure that it is the integrity of the process. We talk about this. We talk about things that are coming up. People know what's coming up. They look at the budgets. I get phone calls and emails. Oh, hey, your budget just passed. You know, let us know if you need help, you know, ABC and when this is coming out. The community is very aware and I promise you that the vendors who do business with other entities around Florida are used to when the solicitation hits the street all talking comes through procurement. Um so everyone has a fair chance.

Um Madam Chair, one last question.

Yes. So um when they hit the streets that is the most common practice practice you know um I would I would say yes that's if you talk to the legal community you talk to other procurement professionals it is the best practice um as I stated in the beginning slides procurement really is here to protect and and to have that trust. And as for the supply, let's talk about the vendor community. They want to know that they are actually, you know, they want to do business with us, that they can trust us, and that they have a fair shot, including our small and local vendors. So, if we stop the if we don't allow the outside communication with the voting members and it's just only and we're looking at this, you know, the paper, here's the solicitation. And if they have questions, we can clear up those questions. There have been times where if I receive too many questions, then we we cancelled a solicitation because something wasn't right. Right. There's too many questions. So, um it's not that it's necessarily up so so perfect, but we do take a look at all of that. And so, um that is one of the recommendations for the Kona silence, but there's also another one too.

I I I can I can relate to your position. I think it's a good conviction. That's true. Yes. Go ahead. I I remember when we talked about this before, was there a separate rule for the mayor's position? Yes, ma'am. I'm going to I was just about to get to that. So, um in this particular in the change as well, I think before when I re researched the history, the Kona silence that was presented included the mayor and so um and it did not pass.

Right. the proposal submitted to you today is really again is that the will of the the council to include the mayor or not and and that is the decision that you all have to make. But yes, it did come for you before and it didn't pass. Yeah. Yeah, I remember that. Um I mean I Huh. Madam Chair, if I may, the the item did pass. It was just vetoed. Right. Right. Right. Thank you. Yeah. Yeah. I do believe it should include the all of the elected officials. Yeah, Madam Chair. Yes. Go ahead. Yeah, I I agree with uh Councilwoman Miller Anderson. I think that all elected officials be should be included in this.

Okay. With that, too. All right. Noted. So, thank you.

Um let's The last um the last one for tonight is article 10 and it's the local vendor preference. And so um the problem statement is the current procurement framework did not fully support or maximize the opportunities for local vendor participation and economic development. Um the root cause is the procurement code and associated processes were not originally structured to intentionally align with the activities. And so with the desired outcome, we just want to strengthen the local vendor preference provisions to encourage participation from Riviera Beach businesses while maintaining fair and competitive procurement practices. And so um in the proposed language, I did not um I left the definition in the current definition to be considered a local business, you have to have a um an address in the city, not a PO box, but a storefront address and pay your tax. But what we um discovered is in using your um what I did was separate how we would help um local businesses on a ITB or bid side versus the proposal side. The current language kind of use the language interchangeably. So for ITBs, we um if they aren't the lowest, we will um apply for ranking the 5% um like cost difference and do the calculations and if they become lower based upon that, they will win. However, the price will be the original one they submitted. Okay, that's on the ITB or the heart bids. For the RFPs, um the goal is just to allow a 5% um 5% of the points they will be awarded if they are a local vendor. So again, so you have those two avenues.

Madam Chair, yes, go ahead. Um my question may be related to this but just generally um many of the local small minority businesses um some have challenges getting bonds to really compete. Um definitely on the prime level, but some of them may get an opportunity to come on board with someone who does or have put up a sufficient bond. Mhm.

Um, how can we help the sub become an equity partner without requiring a major bond if a bond is already put up by the prime? Um, thank you for the question. Okay. And I don't have a a an answer. I haven't quite you can get back to me. Please research me. I would get back to you. Um I I need to research. Okay. Because under just the way we've But you understood the question.

I understood the question is that because our small businesses sometimes do um have a hurdle in actually achieving a bond that they can still do the work. And so how do we um kind of really force a partnership with the sub? Not force. No, not not for us, but encourage uh encourage and sometimes the prime actually come to a sub to elevate them.

But if we requiring a bond on top of the bond that the prime has already provided, um that's what I'm kind of focusing on. If there's a bond by the prime already there, but because that sub is elevated now to a partnership or equity partner, I think we still require something of them as well or do Yes, that is. Yes,

that that's where I'm going because if the prime already has the bond and our sub or smaller company gets an opportunity to rise to a partnership or equity level, how can we work with the existing bond that was there and not necessarily put that burden on the smaller company? Well then to answer that particular question and thank you for the clarification um if the council has awarded um a contract for company A and they sub with company B then um that's so I mean

I'm sorry if they contract with but if they form a partnership um that partnership was not awarded the contract it was number A vendor A if vendor B comes along and forms forms a contract and forms a partnership with a after the award from the council. We have nothing to do with that because the council has awarded a contract to contractor A. Okay. Their relationship if they form a partnership then that's their partnership. However, if they form the partnership before then they can submit the solicitation under company name AB.

Okay. I'm sorry, one last question. Um the um the encouraging a partnership is something that I think we should look at too. Um that was the second part of that question encouraging. I'm I'm done. Madam Chair, it's 9:00. I'm out of here. I'm chair.

Okay. So with that question pertaining to bonding, uh for example, a developer would get the bond on the entire project. It's really up to the developer whether they want to get a performance bond from their subcontractors. That's to protect them, not to protect the city because the city's already covered under the major bond. So, we shouldn't have to require any bonds from a subcontractor if there's a bond already existing on the whole project and that includes partnerships or no partnerships. So, we wouldn't require the bond from the city because we do have it, right?

Anything else is based upon the relationship between the prime and the sub. Correct. M. Yes. Go ahead. Thank you. So, directors, you're saying that the city cannot require any agreements from the sub the subcontractor agreements in the solicitation. Um, we can ask for a copy of them, but when you say require, meaning you must subcontract with this person. Um, not in my professional um that doesn't mean that another entity has, but our agreements are with the primes.

Okay. So, uh, federal language, uh, large businesses must submit small business contracting subcontracting plans for contracts exceeding 750,000. We can require that plan or that language on a federal, but I'm saying not a specific company, but we can require the language in the solicitation. So let's um let me research and make sure I understand your question because if is the question is basically do we want to know who they are or are we going to direct who they shall be? No.

No. We can't direct who they should be but we want to know who they are. We want to require sub yeah contracting agreements in the solicitation. We want to make sure that they have those available not a specific company. Right. Um, yes, we can ask for the subcontracting um agreements for the solicitation, but we also allow for them to be able to change those subcontractors because our uh award will be with still with the prime, right, and not the sub. And then what about requiring a subcontracting plan? Can we require that in solicitation? Some solicitations do require a subcontracting plan. You can have a plan, but if um but if you put subcontractor A

and you need to get you need to now use subcontractor B, a subcontracting plan should still allow for it. And how would they actually plan on using and operating and implementing that contract? I want that clearly articulated in the solicitations. Madam Chair, if I may.

Yes, go ahead. With respect to the subcontract agreements or the opportunity for subcontract agreements, you know, there there probably has to be some language that provides for a situation after award because there probably wouldn't get into those some of those agreements until there's a a situation where there's a bonafide commitment from the city to help facilitate that because that that in and of itself may be challenging to ask for a depending on what the scale and scope of the project is for them to have all those agreements provided for and then you have to reconcile it against statutes and then you have to under look if there's any you know their business deals and relationships that may be exempt from some type of disclosure. So that's something that from a procurement law procurement uh process procedure thing we're just going to have to flush that out if that's in fact the desire.

Let's just do some more research on that so we can bring back more information. Um follow up, Madam Chair. Yes, go ahead. We you mentioned Corn of Silence. Um let me pull this information back up. You said that in your professional career, Cone of Silence has started on submission deadline. I'm sorry. On um No, I'm sorry. On public release. Yes. Okay. Looking at the county, you mentioned earlier the county is one that it's actually on a deadline, right?

I'm looking at Palm Beach County. We have West Palm Beach, Boon, Lakew Worth, Bokeh, uh, Palm Beach Cardons. The only one that's on public, uh, release is a town of Jupiter. So, locally, um, and understanding you've traveled the world and you've worked cross country locally and in Palm Beach County, most of these solicitations are on submittal deadline. So, and I I know that that's something that you you want to just make sure that you keep transparency with the process. Uh again my concern is just documentation data and making sure that everyone receives the same information but as the point of reference this board typically developers uh contractors everyone's coming to the city to figure out what does the community want and being a voice for the community. My staff has to have the data to support what they're saying or what they're doing. Uh we meet with our clients, we meet with our residents, we meet with our our community on a daily basis. So, I think that we are excellent spokespersons for the community. Um, you mentioned also the mayor being added to the code of silence. What does the current code say?

The current code does not um just one moment. section I think 256 2-166. All right. The current colon silence.

The current colon silence silence um means a prohibition on any communication except for written correspondence regarding a particular uh request for proposal qualification or bid. um any city council person and respective legislative staff is um um there's no conversation. So it doesn't include the mayor. The current cone does not include the mayor. Okay. And the the cone starts at the at the time that the bids are submitted are submitted. Um at the time the submitted or the bid closes? Um bid closes because two two different things because they can be submitted. Bid closes. Okay. So when the bid closes is when the cone currently starts. you're proposing to move that to the very beginning of the solicitation.

Um I I I have I have a lot of pause with that colleagues because I don't see any other municipal agencies in Palm Beach County outside of Jupiter that's currently doing it including the county. Um and then also including the mayor. I have no problem being a part of the cone um when the bid closes because that gives the development community businesses opportunity to have conversation. But once the bids close, then I mean that that that's something I would definitely consider for the entire board. It makes more sense as a board, especially with the rest of the county doing it. And I agree if as an elected official we're concerned with having the mayor who is a non- voting mayor in the cone, it should be on the same level with the other elected officials. But my recommendation would be to not do it at the uh beginning, but to do it when the bid closes.

Thank you, Madam Chair.

Madam Chair, can I ask one question? Um just clarification because I heard a lot going on but you're okay. So your prime if they come before us and present with subcontractors minority local businesses and they have all of these people paraded around this room saying that they're going to be working on this project. We award them the bid. After the bid is awarded, they can go and remove all of those people that they paraded in front of us that were going to be subcontractors and that's okay. Is is that what you're telling me? So, um yes. So they so the question is did we award based upon the subcontractors or did we award based upon the whole proposal and was the proposal um was the proposal evaluated and scored before the oral presentations right so madam chair but wouldn't the subcontractors be listed because I know I just reviewed one and all of the subcontractors were there pictures their information what their history is what they would be doing all of that is in the proposal Yes. Yes. But we don't um Yes, it is. But the relationship between the developer and the sub is just that it's between the developer and the sub. And so if we say who you submitted, you have to use and it's something that we can research, then we're forcing relationships and we're forcing and telling them who to use. Um, and so, um, in my professional, uh, final work, I've never had to force people to use people who, um, just because they presented them on a project and things happen.

There could be a business that goes out of business. By the time the project comes along, they can't do the work. And so, they have to find another subcontractor. Relationship sour. And so, that's why, um, in my professional history, we haven't held them to, no, you said you were going to use this person, and you have to use this particular person. Um so yeah the extreme you know like you just said you know it is an extreme like hey I can sub out everybody but if we're asking or requiring um a um let's say a minority spin then um they can sub with another you know I mean um minority or local or small business or whatever whatever they decide but from a procurement professional perspective we don't force the relationship or force you to use the subs

thank you yes go ahead and And it, you know, it really is a it's incumbent upon those subcontractors to not allow those primes to parade them around without them having a contract in hand. If they had that contract in hand, then, you know, they wouldn't have to deal with the fact that they use them just to get the award and then they tell them they're not going to use them. So, they have to make sure that they have, you know, have that contract in hand before they agree to be a part of the presentation. Okay. Thank you. Right, Madam Chair? Yes. Go ahead.

Yes. So, my colleagues just brought up very important issue and uh we've had this happen just recently. There was a very large project that we issued and the local people or good many of the local people were no longer part of the project uh after we gave them the project. So, as uh my colleague said, it's very important. It's it's it's very very important that the local contractors have contracts or letter agreements uh before they stand here before us. Otherwise, they can be abused and more likely will be abused. Madam Chair,

yes, go ahead. So, so this this is directly in line with our subcontracting plan. Having a clear plan to outline what does our subs look like, what can we require, what is the change, what is the interchanging of subs look like and having a clear plan to articulate that. And that's why it's important to include it in the solicitations because we've experienced it. We call it the dog and pony show. How do we avoid the dog and pony show is we allow for the contractors to come to the table with an actual contractor a contract and we allow for the primes to make sure they have a subcontracting agreement and plan in place as to how they going to proceed and put that into the solicitation. That's how we give additional benefits to locals, minorities and subs.

I'm just going to um and then with that I'm sorry Madam Chair followup.

Yes. And then I I know there's federal language um that actually can support and justify the subcontractor agreements and also some protective measures, but most importantly just finding the areas that we can actually have I can't find it now, but if you can do that research to bring back what does that plan look like, okay? Because I think that's been the frustration. We've seen it all over all over the country where they'll parade individuals from the community just to get the contract and once they've been secured now they'll go find cheaper labor and that's what's killing a lot of our community. We want to circulate those dollars here. So how do we make sure we can't demand that minorities and locals get 30 40% because we don't have our disparity study but it all reverts back to my policies I'm asking for. So let's get those policies in place. We can have the studies. we can have this subcontracting plan and then we can require that of any of our contractors.

Okay. Thank you. Thank you.

M I think this is my I just part of the going with the um local uh by local low by local by Riviera Beach. When it comes to solicitations, I've been encouraging local participation. I did reduce the number of forms for all of the solicitations. We want to post the forms online with sample examples and um again expand vendor outreach and training. And lastly, create a vendor database for special events. Um in 2025, I did have um a procurement conference on October 30th and October 31st. Um Franklin Lee was the um featured speaker u for that particular event. And just to um just to highlight I know um it's getting late um we just say that the collaboration between um procurement legal finance and all of the operational departments um help promote procurement but also understanding what those the federal laws how they've changed how they um adjust but how we can still help the locals in our particular community. Um there were approximately um 50 people on day one. Um and day two was a more internal staff and it was a great dialogue, great conversation about how um the state of procurement and how we can do to just fortify and a lot of the codes that a lot of the changes that were presented um in the code changes. Um attorney Franklin Lee did provide those as well as our consultant civic initiatives. And so this is my last slide. Um so the first question was do you agree with the proposed updates to the definition section of 16.5? I think there was a um a consensus for that. Um the pro the protest language um duly noted um I'll look back at the tape because we talked a lot between the 5,000 and 7500. I 500 5,000. Okay. Thank

you. No 7500. Okay. Um the con of silence changes. Um, I I uh guess I would like to ask the the board is it or the council, is it your wish or desire for when the solicitation hits the street or when the solicitation closes? For the cone of silence.

When it closes when it Yeah, that's mostly what most people think. Mhm. Uh do you support requiring purchase orders for procurements? That was the addition under the office of the um purchasing agent. Again, there are exceptions. PC card emergencies which could be done you know by PC card and you know the rents and utilities would not be on a P a purchase order. So I is that one we need to come up with the amount. So from that's not the 25 versus 50 and month. No, because I I believe um I don't think we made a decision on that. Okay. So, let's make a Do we didn't make a decision on the 50 or 25,000?

No. No. What is that? The PE card one you're talking about right now? No. Just go through this. We'll come back to that. Yeah. Yeah. Go through this. Go finish this one and we'll go back. Okay. So, what this is saying is um um um the new addition was to require everything above a certain dollar amount to be on a purchase order, but there are exceptions. The PC card is an exception. An emergency purchase that could be done with a a PE card is an exception as well as rents and utilities are an exception as outlined. And that was section um 16.5-45. Was that was there a minimum amount? Yes, there was a minimum amount, but that minimum amount is going to depend on the other chart that I showed.

I stepped up on this one. I know. Okay. So that so that minimum amount as far as the purchase order threshold if we kept it at 25,000 would be 2500. I was here for that one but then you're the P card and is that purchase order is that the the pecard one is that those were just I was just pointing out an exception. Go back. But you can't say everything must go on a P a PO and then you have PC cards, right? So it's just an exception. I said with appropriate exceptions, for example, PC card and emergency.

I think I'm missing the what is the question you're asking? The question is, are you do you support requiring spend to be on a a PO except for PECAR purchases, rents, utilities, and some emergencies? What does it do? I mean, what does that have to give us what it is now versus what you're asking? Oh, it's it's not it's it's not a in the code now. It's got nothing in the code. There's nothing in the code that requires a purchase order. So you can um so someone could submit a check request. I'm totally miss.

So that's why I wanted to put it in the code to require a purchase order, but there's there's nothing in the code. Now, there's nothing in the code that requires a purchase order or PC card to make a purchase. One can submit a check request and go straight to finance. Oh, no. No. That that I don't like. No. So that's why I added it to say do you support it? Okay, that's fine. Yeah. All right. Um, now there were six ordinance changes and I have it in the attachment as one. Do we want to keep it as one ordinance change or do we want to split it and have six separate ordinances? We need to split those because that's a lot of information. Okay. Thank you so much.

What about the We still decided 25 still. Bruce Bruce want 25. I'm 25. 25. I want 50. I go for 50. I go for 35. She I go to 20. I I'll go to 25. But we will that will include the monthly reports regardless because we said from this point. Let me repeat back what I think I heard. Okay. Go ahead. We will keep it at the level that it is right now. Yeah. $25,000. Yes. Okay. Thank you. Thank you all so much for your time tonight. J, we're going to get reporting, right? We're still going to get we're going to get monthly reports

and we're going to have an exit ramp if we think that it's going overboard where we can stop it. They want to know. It's just like the law department sends us a list of all our current uh legal matters. Every month they send us this is what they're doing. This is what this case is. Same thing for the So, you want a monthly report? Yes. Okay. But but in the ordinance, I think the city council should have the authority to stop further use of that if we feel it's going overboard that year. 25. You can you can spend 25,000 100 times during a month. But we're not changing the the spending authority. Drop it down below.

Councilman Spirit, are you looking to increase it? You said no. I I would prefer 50,000. Okay. But if we're only I don't care whether it's 50 or 25. I prefer 50. But no matter which one it is, I just think that the city council and the ordinance has to have the ability to put the brakes on because you could spend 25,000 aundred times in one month. But what we own? I mean, you're going to what are we going to drop it to? 10,000? No, I'm not saying drop anything. I'm just saying give us the ability after we get that monthly report to say, "Hold on a second. We're spending way too much money. We want to put a stop on this for the next six months or for the ne rest of the fiscal year. But if you put a stop on him have having the $25,000

limit. Is that what you're saying? That's if we think if we think it's being abused, if we think it's it's too much money being spent out of the budget for that doesn't drop it. No, we could just we could we could do whatever we could by a majority vote. We could either stop it or change the number or do whatever we want at that point. I don't I think that that's a bit more intrusive. I mean, the way that it is now, I mean, if you want monthly reports, then that's what it is. But the way it is now, it's under $25,000 for professional services, but we can't add that. It does not include uh uh HR or something like that. We can do that for that 25.

My my problem is that you could spend that. How do you getting a monthly report doesn't do you any good if you can't do something about it? If you find something wrong, what's the point in having a monthly report if you can't do anything about it? We have to give ourselves the ability to put the brakes on or do something if we feel that something wrong is happening. That's all. So, Madam Chair, and yes, follow up that this is um this is going to be six different ordinances. You said, director Ammons, that was that was the will of council. Okay. Okay, Madam Chair, if I may.

Yes. So um just a couple of things I think is gerine to the conversation with the with the variety and the different ordinances. What you do expose the organization to is a situation where you have different rules regulations competing. It just adds for confusion. Um and and certainly from a procurement standpoint and and director Ammons can provide additional commentary to the point is no other municipality would would patch it would would put it in s in such patchwork. It is it your procurement ordinance is really supposed to be neat, clean and able for the lay person to be able to understand it. And and I would just caution the board with, you know, if there are elements that you because you're still not comfortable with some of the elements, just let us work some of the language and give you an iteration that, you know, we can leave the blanks and you can fill it. We can fill in the numbers. But I'm just concerned about just different,

right? you know, sections and and I and I will tell you right now, and correct me if I'm wrong, Director Hammonds, the procurement code is is referenced as 16.5 in the code of ordinances. 16 is the police department. And so even where it stands right now, you can see you have 16.5 and then you have, you know, other sections and we as a city have done that very same thing and we have elements all throughout the code. And so if you know we'll take the direction of the board obviously but certainly we can probably try to clean up something that looks to address what are some of the major concerns

and then to also make sure that you uh include what does what is goods and services? What what is what is that definition that includes madam? Yes. So you're saying instead of having the six ordinances just to put them all in one, right? Yes, me. I mean, well, we just pretty much agreed that we're okay with what we're saying. So, I we don't have to have it in six different ones. We can do just the one. I don't have to um Madam Chair,

hold on a second. Let me ask the board um for direction on having the item for um the item for our advisory board to be on the next workshop agenda. Yes. Yes. All right. Very good. So, we will move Sorry uh guys. Sorry. We we we are very sorry. Um we're going to add this on to our next our next agenda. That'll be first. The 26th got a date. 8:30 and everything. Give them comp time, please. Give them comp time for sitting here. All right. So, so tell us again uh Mr. Evans about how this will look.

Yeah. Yes, madam chair. If I may, I'll get with the procurement director uh and we'll provide you some examples with respect to how other municipalities handle the reporting element from the city manager also how it uh how we can incorporate it in one ordinance and give you the option to come back in in subsequent ordinances. what we'll we'll work together and see what we can do to make what have it make sense so you can be able to understand how the procurement code uh works uh in in conjunction with what the board's desires are very good madam chair yes

can I ask uh our council legal council a question if we if we have an ordinance and for example and I'm not saying our city manager is going to abuse this I got to look 20 years down the road this is an ordinance It's like maybe heavily about the scene, not about you're right. Exactly. So, if a city manager is abusing this system, can we make a motion to stop the city manager from spending the money from spending future money? An example of it. Let's say he spends $15 million in one month on $25,000 contracts.

You got you got 20 You got $25,000 a pop. He can he can give out 15 20 contracts in one month. I see. But don't you have a budget, Mr. Aaron, in terms of what you can spend that?

Yeah, madam madam chair, if I may. Yes. Yeah, we would still have a budget, you know, so we can't exceed obviously the overall budget or the department budget. And so in those cases, you know, if there's a professional services contract like we need to get a coastal engineer, I do it within the confines of the budget. If there is no monies that are provided for in the budget, then we have if we want to pull from contingency, I then have to come to the board and ask for monies to pull from contingency. Um, but you know that you know we have to operate within the constructs of the of the budget. Um, and like I said, when we do come back, I will provide you with examples and uh how other cities handle that to make sure that to the council person's point, you don't find out that there's $565,000 of um expenditures for professional service contracts for for a variety of different services. And so we can we can definitely look uh to see what other cities do to handle that. But yeah, we have to stay in the confines of the budget. Can I ask the manager something? Yeah. How many unsolicited um proposals did you do you get? Do you get a lot of

or like contracts? I remember when I first got here, I felt like I was getting emails with different proposals, everybody requesting to do something. We were

so few unsolicited proposal but a lot of ideas, you know. Um but yes and so you know when we look at those those it has to be a bonafide benefit to the city or being something that we're effectively trying to accomplish to move forward with and so there is some uh discretion with regards to that and any uh department that we work with that say hey I need somebody for this particular there's a scope of services that's provided and there have to you know follow what the process is and then it's provided to procurement and procurement helps track to ensure that we Don't overexpend that. So there is a process to effectively do that. Okay. Thank you. Very good.

Are there any other questions before we adjourn? No. this video We'll just Told you.