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Minutes 12-03-96 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 3, 1996, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Dale Sugerman, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. Henry Ackermann, Congregational United Church of Christ C. Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb Mayor Taylor called the meeting to order at 6:33 p.m. Following the invocation, Commissioner Titcomb led the Pledge of Allegiance to the Flag. D. Agenda Approval: Mayor Taylor pointed out to the Commissioners that one set of minutes was received today. Therefore, the Commissioners may want to defer approval until the next meeting. 1. Additions, Deletions, Corrections Mayor Taylor added Item IX-C, "Community Diversity Workshop". Vice Mayor Jaskiewicz requested an opportunity to make a brief comment about the Nuisance Abatement Board Under Item II. Vice Mayor Jaskiewicz added Item IX-D, "City Manager Selection Process". Vice Mayor Jaskiewicz requested a status report on the "Privatization of Utility Billing" under the "City Manager's Report". Vice Mayor Jaskiewicz added Item IX-E, "Sandpiper Motel Demolition". Commissioner Bradley added Item IX-F, "Interim City Manager's Scope of Work and Role". Commissioner Bradley added Item IX-G, "Moving City Manager's Report" on the agenda. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 2. Adoption Commissioner Titcomb moved to approve the agenda as amended. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: APPOINTMENT TO BE MADE Ill Jaskiewicz** III Jaskiewicz** III Jaskiewicz** iV Tillman** IV Tillman* IV Tillman* BOARD Adv. Bd. on Children & Youth Community Relation Bd Education Advisory Bd Community Relations Bd Education Advisory Brd Adv Bd on Children & Youth LENGTH OF TERM EXPIRATION DATF Reg Term expires 4/97 TABLED A~t 1 yr term to 4/97 TABLED Alt Term expires 4/97 TABLED Reg Term expires 4/98 TABLED Reg Term expires 4/97 Stu/Reg 1 yr term to 4/97 None of the Commissioners wanted to remove any of the tabled appointments from the table. Commissioner Tiliman requested that his appointments be tabled. III. CONSENT AGENDA Since Vice Mayor Jaskiewicz, and Commissioners Titcomb and Bradley had an opportunity to review the minutes of the November 19, 1996 meeting, and had no corrections to offer, the minutes were addressed this evening. A. Minutes 1. Special City Commission Meeting Minutes of November 18, 1996 No additions, deletions, or corrections were made to these minutes. 2. Regular City Commission Meeting Minutes of November 19, 1996 No additions, deletions, or corrections were made to these minutes. Commissioner Bradley requested the removal of Items G and I from the Consent Agenda for discussion. Bids - Recommend Approval - All expenditures are approved in the 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 1996-97 Adopted Budget Award bid for the construction of Downtown Mangrove Nature Park to Construction Technology, Inc. in the amount of $1,380,000 - Proposed Resolution No. R96-173 C. Resolutions Proposed Resolution No. R96-174 RE: Authorize execution of Interlocal Agreement between Palm Beach County and the City of Boynton Beach for funding of Downtown Mangrove Nature Park Development Proposed Resolution No. R96-175 Lawrence Groves Plat II RE: Release of surety for Proposed Resolution No. R96-176 RE: Authorize execution of Water Service Agreement between the City of Boynton Beach and James E, Ewing and William Galioto for property located at 3737 North Federal Highway, Delray Beach Proposed Resolution No. R96-177 RE: Acceptance of deed from Johnny Lee Roberts and Betty J. Roberts to the City of Boynton Beach for the expansion of Palmetto Greens Park Proposed Resolution No. R96-178 RE: Assessing the costs of abatement of certain nuisances against the owners of the property involved (Lot Mowing Liens) Proposed Resolution No. R96-179 RE: Authorize execution of Workers' Compensation Managed Care Administrator contract between the City of Boynton Beach and OccuCare D. Approval of Bills A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's Office. Approve Records Disposition for City Clerk's Office and City Manager's Office F. Approve purchase of Ransomes 728 Side Discharge Rotary Mower from 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Pifer, Inc. in the amount of $12,274 (piggyback City of Hialeah Bid) for Parks Department Item G was pulled from the Consent Agenda for discussion, See discussion following approval of Consent Agenda. Approve request for refund on Cemetery Lots 592 A & B, Block N, Boynton Beach Memorial Park Item I was pulled from the Consent Agenda for discussion. See discussion following approval of Consent Agenda. Approve fencing for the old City landfill site from Martin Fence Company in the amount of $16,350.00 Approve purchase of a communications/electronic messaging system from Compaq Computer Corporation and Inacom Information Systems, Inc. for a total price not to exceed $49,265.87 Approve purchase of two portable radios and five mobile radios for use by the Parks Division from Motorola in the amount of $6,112.00 Motion Commissioner Titcomb moved to approve the Consent Agenda with the exception of Items G and I. Commissioner Tillman seconded the motion which carried unanimously. Approve two change orders for additional work necessary to complete HVAC Modifications in the Fire Department by Cassidy Air Conditioning. Change Order # 13 in the amount of $397.50 and Change Order #14 in the amount of $627.00 Commissioner Bradley said he had a question on this item and when the City Manager investigated, he found a small error. Mr. Sugerman explained that he had staff redo the calculations, and it was determined that an error existed on the Change Order sheet for John C. Cassidy. The mark up authorized by our contract is only 5% rather than 10%. The mark up should amount to $28.50. That will make the total amount of this Change Order $598.50 rather than $627. In response to Commissioner Titcomb's question, Mr. Sugerman advised that staff will review previous Change Orders to ensure that they are correct. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Approve Task Order No. 33 with CH2M Hill for East Water Treatment Plant Site Improvements in an estimated amount of $9,780 Commissioner Bradley requested that when this site plan comes before the Commission, the use of this property be considered carefully. Public Works and the motor pool are always in need of more space. There has been talk in the past about renting or obtaining space for storage of vehicles. There is a fair amount of property at Seacrest and Woolbright that might be better utilized. John Guidry, Utilities Director, explained that there is a public drinking water wellfield at this location. These site improvements will bring us up to Code to meet our own Codes. He explained that while he understands the need for additional vehicle storage, he does not have enough space for Utilities' storage. He further advised that anything that is done with this site will come back before the Commission. Commissio~ner Bradley questioned whether there is concern about wellfield protection by having vehlcles on site. Mr. Guidry said it can be a problem. The design construction is costly andIcontainment is a concern. The Utilities' Department has a lot of vehicles scattered Over this site. In addition, Utilities accepted putting two packers on this site in the south &nd. The neighbors complained. It is necessary to shield this site from the neighbors, i This will be part of the drainage structure scenario. Commissioner Titcomb questioned whether any part of the south end of this site could be used as a slrnall neighborhood park. Mr. Guidry responded negatively. The extreme south end of the ~ite is set aside. Mr· Law advised that just over one acre of five acres which was purcha~sed has been set aside as a natural preserve. There is another half acre dry retention pond which needs to be dug just west of the new tank. A great deal of the site has alread:~ been consumed. Mr. Guidry ~_dvised that he will be bringing back a proposal for a storage area for piping and many qfthe items that are used on Christmas Eve and Christmas day. That storage area will us~ up a good portion of the remaining area. In addition, all of the storm water on the site Will go to the area adjacent to the new water tank. In response to Mayor Taylor's question, Mr. Guidry adVised that he will be bringing a landscaping plan to the Commission. It is necessary to blend the buildings together. He is trYing to get compatibility in the scheme of what the City has in the other buildings. The first issue t~ be addressed is the storm water issue. Motion Commissior er Bradley moved to approve Item G as amended, and Item I. Commissioner 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Titcomb seconded the motion which carried 5-0. Vice Mayor Jaskiewicz explained that because of the clout of the Nuisance Abatement Board, we have managed to work out two stipulation agreements that will improve two problem sites in the City. One particular business was operating until 4:00 a.m. This new agreement stipulates that the business must close by midnight. In addition, many other Code Enforcement regulations have been imposed. She commended the board for their action. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements 1. 26th Annual Holiday Parade - Sunday, December 8th at 3:00 P.M. Mayor Taylor made this announcement. City Commission Workshop on Development Strategies (Citywide and Martin Luther King Jr, Blvd.) December 12, 1996, at 7:00 P,M., in the Library Program Room Mayor Taylor made this announcement. 25th Annual Boynton/Delray Holiday Boat Parade - Friday, December 13th, at 6:30 P.M. Mayor Taylor made this announcement. B. Presentations 1. Service Awards to City Employees At the podium, Mr. Sugerman was pleased to recognize employees who, when their years of service are totaled together, add up 545 years. He expressed pride in these employees and asked Mayor Taylor to join him at the podium to recognize them. They are: 30 Years James R. Patterson Recreation Supv. Ill Recreation 25 Years William D. Cavanaugh Luddy G. Kight Robert D. Richardson Fire Prevention Officer I Paramedic Officer II Fire Lieutenant Fire Dept Fire Dept Fire Dept 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 20 Years Daniel R. Bell William Hilliard 15 Years John Bebensee Ronald E. Godfrey Andrew H. Kalin Dean H. Newell Henry P. Ostaszewski Andrew G. Podray Edward E. Rothrock William Shorfley Ill Mark Snow John F. Wildner Cynthia L, Wilson Louis J. Zeitinger Fire Lieutenant Foreman I Life Guard II Refuse Collector Police Detective Firefighter Ill Beach Parking Attendant Firefighter I~1 Firefighter III Police Detective Firefighter ~11 Parks Superintendent Clerk III Police Officer Fire Dept Parks (Retired) Recreation Sanitation Police Dept Fire Dept Recreation Fire Dept Fire Dept Police Dept Fire Dept Parks Recreation Police Dept 10 Years Joseph Coletta William M. DeBeck Jerry DiNatale Russell A. Eichorst Gerald Harrison Wendell K. Ivy Bertha A. Katko Mary Kathleen Keaney Rose Marie LaManna Paul Lambert Kenneth Magielski Susan J. Moroney June I. Muller Lynn G. Myers Rodrick L Nance Richard O'Connor, Jr. Peter C. Passalaqua Gerald F. Przybysz Gary H. Rabenold David B. Saunders Richard K. Smith Christopher J. Wandell School Crossing Guard Project Manager Beach Parking Att. Foreman I Utility Maintenance Mech Maintenance Worker I Clerk II Library Assistant Il Legal Asst./Paralegal Firefighter III Police Officer Accountant I Clerk II Asst. tTS Director Firefighter Police Officer Police Sergeant Police Officer Utility Equip Operator Life Guard I Utilities Maint. Mech. III Firefighter II Police Dept Facilities Mgmt Recreation Parks Gen MaintJLift Sta Water Distribution Code Enf (Retired) Library City Attorney Fire (missed in 1992) Police Dept Finance Recreation (Retired) ITS Fire Dept Police Dept Police Dept Police Dept Utility Construction Recreation Public Water Sys Main Fire Dept Mr. Sugerman thanked Carol Cheek for her efforts an putting this presentation together this evening. On behalf of the entire City Commission, Mayor Taylor thanked all of these employees for doing MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 their best on the day-to-day operations to make Boynton Beach a better place to live. V. BIDS: None VI. PUBLIC HEARING: None VII. PUBLIC AUDIENCE: Bob Kane, representing the Quail Run Homeowners' Association. expressed opposition to the water main that is being installed on 26th Street. He feels no consideration was given to those who live in this area. He explained that this community has been under construction for two years. The last home has finally been sold. The community will now have a two-month operation that will tear up their sidewalks from Golf Road to Woolbright Road for a water pipe that wilt service the golf courses for private communities. Only one of those private golf courses is located within the City limits. That golf course is for Hunters Run, and Hunters Run will not be inconvenienced at all because the pipe will be installed under the earth and berm that is on Congress Avenue. Quail Run will receive no benefit, and will have its streets torn up. The Quail Run Homeowners' Association believes there are alternative measures. Other members of the committee will speak tonight, but the community will speak en masse at another time. The community is fervent in the belief that this pipeline should not go through their community. If it was intended that this pipe should be installed in this location, the community should have been approached and apprised of the plans. Eighty percent of the residents of Quail Run are year-round residents representing a cross-section of the community. Mr. Kane said he spoke with members of the board who admitted they were not aware of these plans. The members of this community are active members of the City. Mr. Kane suggested that the Commissioners use their clout to protect its citizens in Quail Run. Vice Mayor Jaskiewicz explained that she was in contact with Mr. Hagel who indicated that he will further investigate to see if there is any possibility of rerouting this pipe. He promised he would pursue the matter actively and let her know of the results of his investigation. Vice Mayor Jaskiewicz said the Commissioners were aware of this project, but not necessarily the exact route of this pipe. Mr. Kane said he met with Mr. Hagel today. He was very professional and was a gentleman. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Gene De Voy, resident of Quail Run, said he and Pat Pucci met with Mr. Hagel today to discuss the technical aspects of the project with respect to SW 26th Street. An alternate situation was brought up and Mr. Hagel agreed to review it even though it is late in the project. Mr. Hagel answered technical questions that were asked. The residents are very disturbed about this project and concerned about having a 24" water pipe carry non- potable water through the community. Vice Mayor Jaskiewicz said the route Mr. Hagel has planned is under the sidewalk. There were considering installing it in the right-of-way, but it was already landscaped. They felt it would be easier to run this pipe under the sidewalk because it would be the least disruptive. They would remove the sidewalk and replace it with a new sidewalk. He is seeking alternate solutions to this problem. Mayor Taylor said he spoke with Mr. Kane and Mr. Hagel, and looked at the area on three occasions to see if an alternate route was obvious. The biggest problem is that the community feels they will be disturbed for 60 days while this project is ongoing. Some alternatives that have been investigated are extremely costly. Other alternatives are still under consideration. We will continue to try to find a solution to the problem. Mayor Taylor thanked both men for bringing this item to the Commission's attention. VIII. DEVELOPMENT PLANS: A. PROJECT: APPLICANT: LOCATION: DESCRIPTION: Citrus Glen PUD Sherylyn McAlister Southeast corner of Lawrence Road and Miner Road MASTER PLAN MODIFICATION - Request to amend the previously approved master plan setbacks to reduce the non- zero side setback from fifteen (15) feet to ten (10) feet to construct screen enclosures (with screen roof), pools, spas and jacuzzis Attorney Cherof advised that this is a quasi-judicial proceeding. As such, he administered the oath to the applicant and her representatives and staff. In response to Mayor Taylor's question, Ms. McAlister and her representative advised that they are in agreement with all conditions contained in the back-up material. Tambri Heyden, Planning and Zoning Director, said this application was submitted one year ago for a reduction of the side setbacks to 5'. When the TRC reviewed the application, they had problems with it. There are many units with amenities on the sides which make fire access difficult. In addition, there are utility easements between the units. The applicant decided to hold back on that application for a while, and came back with a 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 reduction to 10'. Staff comments still reflect some problems from various departments. Planning and Zoning staff met with Utilities and Fire and were able to pick out the lots this could be allowed on. Staff recommends approval of the request for Lots 2, 11, 12, 14, 16, 18, 19, 21,53, 63, 99, 126, 131-138, 143, 145-147, 149-152, 154, 156, 157, 190, 192, 193, 195, and 196. These are all courtyard houses, but they do not have utility and access problems, if the Commission agrees with this recommendation, Conditions #1, #2, and #3 can be eliminated and the remaining comments will remain in effect. Motion Vice Mayor Jaskiewicz moved to amend the previously-approved master plan setbacks to reduce the non-zero side setback from 15' to 10' to construct screen enclosures (with screen roof), pools, spas, and jacuzzis, as per the conditions of approval set forth in Exhibit "E", eliminating Comments #1, #2, and #3. Commissioner Bradley seconded the motion which carried unanimously. IX. NEW BUSINESS: A. Items for discussion requested by Commissioner Jamie Titcomb 1. Temporary salary adjustment for Assistant to the City Manager Commissioner Titcomb advised that it has come to his attention that due to Civil Service rules and other procedural matters involved with everyone but the City Manager and City Attorney, it would be necessary to defer his comments to the City Manager for recommendations. Commissioner Titcomb reminded the Commissioners that they have taken the City Manager's Office, which had three dedicated, hard-working individuals, and reduced it to two. He wants to send a message to the Interim City Manager and his staff that in spite of what is written in the press and potential dealys in hiring the City Manager, there are a lot of good things happening in the City and many important projects that need to move forward. He is hopeful this Commission will send a message to that office and the entire staff that we want to move forward, do things that are right for this City and treat the people who work for us right. We want to give confidence to the City Manager and Assistant to the City Manager and all related people to move these projects forward and not feel they are in the position of a lame duck period between now and the appointment of the City Manager. Mr. Sugerman advised that in discussing this with Commissioner Titcomb, they both felt it would be best if Mr. Sugerman had an opportunity to explore this issue in more depth and discuss with Mr. Hawkins what, if any, his additional duties and responsibilities would 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 be both in the interim basis and the long-term basis. We feel it would be better to make more plans, and do an assignment of duties and responsibilities that have not yet been determined prior to making a determination as to the adjustment in salary. Mayor Taylor cautioned the Commissioners to be careful not to step out of their areas of responsibility. This is an issue that should come from the City Manager. When the former City Manager was leaving, she indicated that she had split some responsibilities already between Mr. Sugerman and Mr. Hawkins. It may be that Mr. Hawkins has already assumed some responsibilities he did not previously have. He urged Mr. Sugerman to investigate that possibility. He mentioned the fact that under Civil Service Rules, the City Manager is only permitted to increase pay by 5%. Any increase over and above that amount will require action by the City Commission. Mayor Taylor suggested that when Mr. Sugerman decides what his recommendation will be, he might want to consider making that pay increase retroactive to the date when the additional responsibilities began. Vice Mayor Jaskiewicz concurred with remarks made by Commissioner Titcomb and expressed appreciation that he raised this issue. She reported that she read an article in the newspaper that this City is floundering. She does not believe that is the case. This City has very efficient department heads and two experienced people in the City Manager's Office. She feels this City is doing great and moving forward as planned. Commissioner Bradley said he added an item for discussion on Mr. Sugerman's scope of work. He is hoping that the only issue is not salary. He feels this is a complex issue that needs thorough discussion. He feels the Commission needs to look very carefully at what is expected from Mr. Sugerman because he is an interim manager. Mayor Taylor agreed with many of the remarks made this evening. We have an acting City Manager in place and we intend to keep everything moving forward in the City. The Commission is totally behind Mr. Sugerman, and does not intend to stop anything. 2. Development of prototype neighborhood identification structures and graphics Commissioner Titcomb reminded the Commissioners that he raised the issue at a previous meeting about a situation in Chapel Hill regarding an identification wall that had to be removed because of age, deterioration and Jack of ownership in a sense of who maintains such a structure. It is very clear at that intersection that the neighborhood to the north is identified with a very distinct entryway wall. When you look south, there is a very different feeling. Commissioner Titcomb has made inquiries to the City Engineer as well as the City Manager's Office, and based on some discussions about revitalizing older neighborhoods 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 and looking for ways to improve what already exists in the City, he would like to try to direct staff to work with him and others in the communities to work on a prototype neighborhood identification structure and graphic package. The idea would be to drive around and use other sources as an identification process to pick out some community-selected neighborhood entryway treatments. This would include curved walls with the neighborhood name on them, sandblasted wood signs on support posts with landscaping and xeriscaping. A various number of themes from nautical to classic designs would be offered. The plans would then go through Building and Planning and Zoning Departments to work out the kinks including the Land Development Regulations which would allow them to sit on rights-of-ways or the corners of private properties. Maintenance would be established along with ownership, liability and legal issues involved with these entryway graphics. As a package, these community identification graphics would be offered to any subdivision of the City with seed money funding. Commissioner Titcomb advised that neighbors have called him offering to donate money, services, maintenance or time to quickly get the graphic for Chapel Hill reinstalled. In a community like Leisureville, there is a long-term, active, established neighborhood association at work with maintenance fees and grounds contracts. In many older subdivisons, those mechanisms are not in place. With regard to funding, perhaps Community Development Grants or federal tax assessments to the neighborhoods could be established. It appears that the residents are willing to pay for these kinds of structures because they provide identification for the neighborhood and pride in the neighborhood. In addition, the people who get involved in putting this together provide the nucleus for a future neighborhood association. Commissioner Titcomb offered to do a great deal of the foot work on this, and would like staff in the City to have the direction to use their expertise in terms of the building, legal and financial issues, and any other issues that may come into play, and ultimately develop a prototype package so that when a neighborhood comes forward to request identification for the community, they will not have to go through the process from scratch. This will be an "off-the-shelf" solution with a theme or look of their choice. Commissioner Bradley feels this is a great idea. However, he believes this should be offered to communities as long as they have neighborhood associations. This would be an incentive for them to organize. It is possible that only two or three people could come forWard with a request for this entryway without having talked to anyone else in the neighborhood. Having the neighborhood association would ensure that the majority of residents are Jn agreement. Vice Mayor Jaskiewioz reminded the Commissioners of the fact that we have been encouraging the establishment of neighborhood associations. Coquina Cove actively pursued a sign package designating their area. Vice Mayor Jaskiewicz is in agreement 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 with everything said up to the funding aspect. She is aware of the fact that the residents of Coquina Cove had to go through a difficult procedure with regard to legal and building issues. The funding should be the responsibility of the homeowner association residents. As far as Chapel Hill is concerned, they did have an active homeowner association at one time. However. over the years, it disintegrated. They should reconsider reforming an association because they have several issues that have been brought before the Commission. Everyone else has been required to provide their own funds. Commissioner Titcomb explained that the funding issue would not involve receiving money from the City to pay for the project. It would be to facilitate available grant monies from other sources or provide seed money. In the time it takes to assess property owners a fee to pay for a project of this nature, or to raise money, there could be a project such as Chapel Hill waiting for a year or more with nothing being done. Perhaps a financial mechanism could be worked out where seed money could be put in place to approve the project and then assess the property owners. Commissioner Tillman feels it is an excellent idea to have something on the shelf if the communities come on line with community associations. If they follow the process, the incentive would be the signage. He is in favor of this suggestion. Commissioner Titcomb pointed out that when the medians were redone in Chapel Hill, a lot of work was done on the part of City staff to try to determine ownership of the medians. He would not want to see the residents build a replacement wall, and then have Code Enforcement cite them because it does not meet current Codes. This is another reason for moving quickly on this project. In replacement cases, perhaps there could be a grandfather situation or a streamlined process so that the residents have the ability to reconstruct the wall. Mayor Taylor agrees that this is a good idea to pursue. He feels this is a very positive means of forming a neighborhood organization. He suggested including in the guidelines that the neighborhood has to have existed for a certain number of years so that new developments do not abandon the current practice of building the identification signage. Consensus There was a consensus of the Commission to bring a more specific proposal back through City staff. B. Set date and time for Workshop Meeting on Land Development Regulations After discussions with Mr. Dubb, it was determined that the best time to conduct this meeting would be after the holidays. However, an issue arose whereby delaying the 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 passage of the Ordinance on Chapter 3 of the Land Development Regulations, Master Plan Review, would hold up the Vinings project. In checking with Mr. Hukill, no one had a problem with putting this particular LDR on the next Planning and Development Board meeting agenda or the next City Commission meeting agenda. None of the other LDRs will hold up any other project; therefore, passage can be delayed until after the workshop meeting. Consensus There was a consensus of the Commission to meet with the Planning and Development Board on Thursday, January 9, 1997, at 7:00 p.m., in the Library Program Room. C. Community Diversity Workshop Mayor Taylor advised that he brought this issue forward because Boynton Beach is struggling just like every other city and corporation with regard to diversity. The Commission had problems in the Police Department brought to its attention. The City continually hears complaints that we did not have good representation in that department. The solution seemed to be to get the numbers. In looking back, that was a mistake. We should have taken time to ensure quality officers. This Commission has taken a step in the right direction by funding more money to find quality people. When hiring people, Mayor Taylor feels it is necessary to stop looking at the color of a person's skin. The quality of the individual is more important. Diversity in the community and in business is achieved by bringing in. quality people. There is a tremendous amount of quality people in all colors. Color has nothing to do with quality. Mayor Taylor believes no one should be denied a job because of the color of his/her skin. However, he also believes no one should be guaranteed a job because of the color of his/her skin. A person should be hired because he/she is qualified for the job. Chief Jordan was highly qualified, but that did not prevent a problem with prejudice in the Fire Department. Some people feel we; have worked very hard to try to achieve diversity, while others feel we have not done enough. Approximately 10 days ago, Mayor Taylor received a telephone call from a friend urging him to go over to the Duncan Center to listen to Dr. Samuel Betances who was invited to speak by the Palm Beach Community Center. Dr. Betances is a Black man who was raised in Puerto Rico by bi-racial parents. He grew up in the slums, and was able to put himself through Harvard. Mayor Taylor read an article on Dr. Betances' background which indicated that he has worked on trying to make sense of differences. Mayor Taylor reported that during this workshop he attended, approximately 250 people were present of all races. Dr. Betances had those people chanting. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Mayor Taylor feels it is time to look at how we are doing things in Boynton Beach. We have to be able to hire quality people and not be thought of as racist if we do not choose a person of a certain color. We need to examine ourselves. Mayor Taylor proposed bringing Dr. Betances to Boynton Beach. He will be available on January 30. An alternate date is January 21. Mayor Taylor checked with Bethesda Hospital, who offered their conference room on January 30. However, it was suggested to Mayor Taylor that he speak with Reverend Lee about using his church. Mayor Taylor will contact him. Mayor Taylor would like to have two workshops -- one in the morning and one in the afternoon. Every manager working for the City would attend. He would like to see the 80 residents who attended the last meeting at this workshop, and he would like to see the 100 people who attended the Visions conference. The Community Relations Board could take care of inviting those people. Mayor Taylor would like the Board at the Chamber of Commerce invited. Mayor Taylor feels that one educated man can make a difference. It is his belief that the only way to rid yourself of bias and discrimination is through education. Dr. Betances is a great educator. The cost to bring Dr. Betances here is $6,500. Although this sounds like a great deal of money, we spend thousands of dollars researching EEOC complaints. This is a small amount of money if it would put this community on the right track toward achieving diversity. Based on the background materials, Commissioner Titcomb is very impressed with Dr. Betances' credentials. He will support this request. Commissioner Bradley supports this request and feels it is unfortunate that something like this did not come forward before the problems we encountered. Commissioner Tillman said he became aware of Dr. Betances a few years ago through the School District. He has listened to him speak quite a few times, and he is an excellent choice in trying to bridge some of the gaps in this City. Taking on this endeavor says a lot. It should show that we recognize we have some problems and we are trying to move forward. He feels this is well overdue. Vice Mayor Jaskiewicz recalled attending a sensitivity workshop in the 1980s. This is something that must be repeated periodically. We are overdue, and she looks forward to this workshop. MaYor Taylor thanked the Commissioners for their support and requested that they go out to the people who need to be present and encourage them to participate. In response to Commissioner Titcomb's question, Mayor Taylor said there would be openings for members of the public if Reverend Lee's church is used because it seats more than 400 people. With two sessions, 800 people could participate. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 THE FOLLOWING ITEMS WERE ADDRESSED OUT OF AGENDA ORDER. E. Sandpiper Motel Demolition Vice Mayor Jaskiewicz repoded that several residents of Coquina Cove have complained because they have to look at this eyesore all the time. This has come before us several times. This motel owner had been cited, and an agreement was in the process so that if he demolished the premises within 45 days, his lien would be reduced. He did not demolish the premises and went bankrupt. At the time, discussion also took place about the City demolishing the motel and placing a lien on the property. Vice Mayor Jaskiewicz requested a status report from Attorney Cherof with regard to this issue. Attorney Cherof advised that all proceedings against the property were stayed by the filing of the bankruptcy petition. We have prepared, and will be filing, a motion in the bankruptcy court to remove this stay to permit us to move forward. We have recently learned that someone else has made a move to acquire the property. The property may change hands and come out of the bankruptcy procedure. He will provide an update. Cqmmissioner Bradley questioned whether the City could tear down this building if it is deemed unsafe or a hazard to health. Attorney Cherof advised that would be the normal procedure. However, a property in bankruptcy is protected by the bankruptcy court which pu!s the interest of the value of the property and the value of the individual company filing the bankruptcy ahead of all other interests. That is what requires a special motion to the court for relief from that stay of the proceeding. D. City Manager Selection Process Vice Mayor Jaskiewicz requested the Commission's reconsideration of the delay in the selection process of the new City Manager. While she is aware that some of the Commissioners requested a cooling off period, she is of the opinion that everyone should be cooled off enough to continue this process. She is unhappy reading articles in the newspapers which claim the City is in limbo, and she feels it is the responsibility of elected officials to act quickly to select a new manager. She recommends beginning the interview process as soon as candidates are available. She is opposed to waiting until Mr. Donaldson presents a pool of viable candidates for review. Mri Sugerman advised that Mr. Donaldson sent a FAX today updating the Commission on the efforts of David M. Griffith and Associates on the Commission's behalf. The letter identified the four publications where advertisements will appear and advises that the filing deadline will be January 15, 1997. Mr. Donaldson also included a check-off sheet so that the Commissioners can identify areas that are important to them with regard to education and experience, management style, areas of expertise, geographic preference, salary and 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 severance. Vice Mayor Jaskiewicz was of the opinion that the profile which was used in the last round covered everything Mr. Donaldson was again including in this check-off sheet. In response to Commissioner Titcomb, Mr. Sugerman stated that he is not certain there will be an averaging or an attempt by Mr. Donaldson to find a middle ground with regard to the Commissioners' responses on the check-off sheet. He feels Mr. Donaldson will use this information to report diversity among the Commissioners. Once the filing deadline is reached, Mr. Donaldson will need approximately two to three weeks to review the applications and develop a short list which he will bring to the Commission. The Commissioners wilt then determine a final interview list. This process could add an additional two weeks. It would then take approximately three or four weeks more to set up the interviews. Commissioner Bradley expressed concern that this time frame will take us to the election. If that happens, the Commission may not be able to select a manager again. He recommends taking time to make sure everyone is clear about the starting point and clear about where we want to go. It could turn out that the candidates may not be interested in applying for the position until the new Commission has been seated. Vice Mayor Jaskiewicz felt the problem with the first attempt to hire a City Manager was that it was not possible to get four votes for one candidate. She suggests interviewing candidates as they become available. Commissioner Tillman feels Mr. Donaldson was asked to find a viable candidate. The Commission should wait until he provides the names of those viable candidates. He suggests being more methodical and even-tempered about this situation. He feels the Commission should take its time and do the job right this time. Mayor Taylor feels the Commission did the job right the first time. However, they were unable to get four votes for any one candidate. That does not mean the job was not done correctly. In his experience, when you want to hire someone, you place an ad and interview until you find that person. You then pull the ad. He agrees with Vice Mayor Jaskiewicz that the Commissioners should be interviewing candidates. He pointed out that there are many City Managers now looking for jobs as a result of the November election. Commissioner Titcomb believes there is room for compromise in this issue. Mr. Donaldson has been assigned a task. However, Commissioner Titcomb is not comfortable with the time frame. Interviewing candidates "off the street" may present a problem down the road because they will be weighed against candidates that have been selected by a professional. He also agrees with the Mayor's remarks that the Commission did its job the last time, but was unable to secure the four votes for a candidate. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Commissioner Titcomb suggests asking Mr. Donaldson to speed up the process. If there are candidates available, Mr. Donaldson can be working on the applications by doing the background checks and preliminary work so that when January 15th comes around, much of the ground work will be completed. He believes it is necessary to follow a process so that all Commissioners will be comfortable when making the selection and that may help to eliminate split votes. Vice Mayor Jaskiewicz pointed out that she wished the Commission had tackled this narrowing down selection itself even though it would have been a lot more work. Commissioner Titcomb explained that if that is the Commission's desire, then we would have to notify Mr. Donaldson of the Commissioners' decision and then review every resume so that each candidate is treated fairly. Vice Mayor Jaskiewicz explained that in the next round of short listing and selecting the fiinal candidates, she does not want everything crammed into one evening. She does not feel the proper amount of time was spent on the resumes of the previous candidates. In a~ddition, provides the next list of candidates, Vice Mayor Jaskiewicz when Mr. Donaldson Wants to see the references and wants to know who provided the reference. She does not Want excerpts from the references. Consensus There was a consensus of the Commission that Mr. Donaldson be asked to move more q!uickly on screening the resumes of potential candidates so that the Commissioners can b~gin reviewing them now. If the Commissioners find anyone they like, they can add that name to Mr. Donaldson's short list and he can then perform the background check. Privatization of Utility Billing Mice Mayor Jaskiewicz recalled that approximately one month ago, the Commission discussed privatization of Utility Billing. She requested a status report. She explained that many people were informed that the water bills would be sent out in an envelope and City news would be enclosed in that envelope. At this point, she does not want to bring up the Ssue of Swale Ordinance because such news would have been enclosed with the water Mr. Sugerman advised that when he last asked about this project, he was told that the RFP is working its way through our Purchasing Department. The scope of services and technical details involved are still being worked out by staff. This RFP has not gone out yet. In response to Mayor Taylor's question, Mr. Sugerman said he would set a target date for 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 this project. F. Interim City Manager's Scope of Work and Role Commissioner Bradley advised that during his weekly meeting with Mr. Sugerman, he asked Commissioner Bradley to describe how the Commission perceives his role as City Manager because he is interim. Commissioner Bradley feels a public discussion is necessary. Commissioner Bradley feels it is fine to say Mr. Sugerman has all resources necessary to get the job done, but the interim title is interesting and leaves Mr. Sugerman in a "gray" area. He wants Mr. Sugerman to be able to implement projects that are underway and continue to manage the City the way it has been managed. If Mr. Sugerman was the full- time City Manager, he would be putting things in place and that would create a process whereby his staff would be doing what he wants them to do. It is important for the Commission to understand what Mr. Sugerman imagines himself doing in this position, and that he understands what the City Commission sees him doing. He is not the City Manager, and if he acts too much like the City Manager, a difficult situation will result because his philosophy will be in place when we hire a new City Manager. Commissioner Bradley asked Mr. Sugerman to briefly explain how he envisions putting himself and his processes in place. Mr. Sugerman explained that the City Charter describes the duties, roles, responsibility and authority of the City Manager. Although appointed by the City Commission as Interim City Manager, Mr. Sugerman assumes that appointment means he is the City Manager as defined by the Charter. Therefore, he intends to uphold the provisions of the Charter and carry out those duties. He explained that if that is not the Commission's desire, he would like to know that. Also, if the Commission wishes him to be a caretaker of the City, he would also like to know that. He pointed out that it is not his intention to be a caretaker City Manager.for any week that he serves unless directed by the Commission. Mr. Sugerman advised that he has 20 years of experience in this type of business and has served as City Manager in larger and smaller communities than Boynton Beach. He has attended over 650 City Commission meetings. He feels he knows how to do the job and feels he can do a good job on an interim basis. He will carry out the provisions of the job to the best of his abi!ity based on his experience, education, knowledge, and philosophy, if the Comission wishes that he do something different, he would like to know that. Commissioner Bradley asked Mr. Sugerman to talk about his philosophy. Mr. Sugerman said he has a Masters Degree in Public Administration with particular emphasis in Organizational Behavior. His Masters Degree is in the field of City 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Management, but his specialty is working with groups and organizations. His management philosophy is to get the work done to serve the community and Commission by working as a team, and working smarter rather than harder. He has already begun to work with the senior staff on transforming them into a high performance team. They will be a group of senior managers who will bring together their years of experience, the resources, the training and their skills so that they can solve problems, complete tasks, and meet deadlines. He sees himself as the "head cheerleader" for that team. Vice Mayor Jaskiewicz said she is very familiar with the term "interim" being associated with the School Board of Palm Beach County. She has served in an interim capacity on many occasions. While she was serving as an interim teacher, she was in full charge. She set the rules and regulations in her class and assumes Mr. Sugerman is doing the same thing. She assumes he is the City Manager in charge, and is doing everything Ms. Parker Hill was doing. Mr. Sugerman said the one thing that concerns him is that in carrying the title "Interim City Manager", he would not want to be put in a position where he would have to make a decision that relates to health/safety/welfare, and have someone say, "you're only the Interim City Manager. We'll wait for the real City Manager." Mayor Taylor has no doubt in Mr. Sugerman's ability. He expects Mr. Sugerman to uphold the City's Charter and agrees Mr. Sugerman has all the authority vested in the City Manager. However, he believes that legally Mr. Sugerman should be referred to as the Interim City Manager. The title of Interim City Manager is the term that was involved in the negotiations. The documents were made out in that manner and were signed. As Interim City Manager, Mr. Sugerman is vested with the authority of the past City Manager and the future City Manager. This City is not in a limbo situation. We do not know when the next City Manager will be appointed and Mayor Taylor does not want a caretaker City Manager. He wants everything to move forward. The new City Manager can make whatever changes he/she deems necessary. Mayor Taylor wants Mr. Sugerman to "pick up the ball" and keep moving forward. In addition, since we do not know when a new City Manager will be hired, Mr. Sugerman's duties include filling vacant positions in the City. There are critical openings that need to be filled and that process should continue on. Commissioner Tillman feels Mr. Sugerman should be responding to every issue that the City Manager needs to handle. Commissioner Titcomb feels it is necessary to support Mr. Sugerman to do the job he has been appointed to do regardless of the paper title. When a new City Manager is hired, that person will have the ability to implement his/her own programs. 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Commissioner Bradley felt that if the Commission is attempting to fast track getting a City Manager hired, it would make sense to put off the hiring of departments until that point in time. Mayor Taylor said he would agree to delay that hiring process if he knew a new City Manager would be hired within the next 30 days. Commissioner Tillman felt Commissioner Bradley made a very good point. The new City Manager should have people he knows he can work with. This is something to think about. Mr. Sugerman asked for clarification as to whether he should sign documents as "Interim City Manager" or City Manager. He advised that he has not done that to date. Mayor Taylor advised that Interim City Manager was the title that was given to Mr. Sugerman under the agreement that was signed. He is of the opinion that is the title that should legally be used. Attorney Cherof advised that there is no legal rule that controls this issue. It is a decision that is at the discretion of the Commission. Commissioner Bradley feels that when acting as the City Manager, Mr. Sugerman is the City Manager. He does not believe the title makes a difference. However, Mr. Sugerman stated that when something is signed as Interim City Manager, the response could be, "we'll wait for the real City Manager". This is his concern. The Commissioners had no objection to Mr. Sugerman signing documents as City Manager. G. Moving City Manager's Report Commissioner Bradley recommends moving this item up on the agenda permanently so that more people will be in the audience when the report is made. Motion There was a consensus of the Commission to move the City Manager's Report to immediately following the Consent Agenda. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Mayor Taylor announced that all LDRs would remain on the table with the exception of Number 5 which will appear on the next agenda to allow the Vinings project to move forward. Ms. Heyden advised that the issue with Vinings deals with surety. 1. Proposed Ordinance No. O96-49 RE: Amending Chapter 1 of the Land Development Regulations, General Provisions TABLED 2. Proposed Ordinance No. O96-50 RE: Amending Chapter 1.5 of the Land Development Regulations, Planning & Development Generally TABLED 3. Proposed Ordinance No. O96-51 RE: Amending Chapter 2 of the Land Development Regulations, Zoning TABLED Proposed Ordinance No. 096-52 RE: Amending Chapter 2.5 of the Land Development Regulations Planned Unit Developments TABLED 5. Proposed Ordinance No. 096-53 RE: Amending Chapter 3 of the Land Development Regulations. Master Plan Review TABLED 6. Proposed Ordinance No. 096-54 RE: Amending Chapter 4 of the Land Development Regulations Site Plan Review TABLED 7. Proposed Ordinance No. 096-55 RE: Amending Chapter 5 of the Land Development Regulations Platting TABLED 8. Proposed Ordinance No. 096-56 RE: Amending Chapter 6 of the Land Development Regulations Required Improvements TABLED 9. Proposed Ordinance No. 096-57 RE: Amending Chapter 7.5 of the Land Development Regulations Environmental Regulation TABLED 10. Proposed Ordinance No. O96-58 RE: Amending Chapter 8 of the Land Development Regulations. Excavation and Fill Regulations TABLED 11. Proposed Ordinance No. O96-59 RE: Amending Chapter 9 of the Land Development Regulations Community Design Plan TABLED 12. Proposed Ordinance No. 096-60 RE: Amending Chapter 20 of the Land Development Regulations Bldgs, Housing & Construction Regulations TABLED 13. Proposed Ordinance No. O96-61 RE: Amending Chapter 21 of the Land 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Development Regulations, Signs TABLED 14. Proposed Ordinance No. O96-62 RE: Amending Chapter 22 of the Land Development Regulations, Streets and Sidewalks TABLED 15. Proposed Ordinance No. 096-63 RE: Amending Chapter 23 of the Land Development Regulations, Parking Lots TABLED B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 096-64 RE: Rezoning/modification of Planned Commercial Development (PCD) for Boynton Commons Attorney Cherof read Proposed Ordinance No. O96-64 by title only. Motion Vice Mayor Jaskiewicz moved to approve as read. Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 096-65 RE: Approving BGI proposal to amend the Development Order of the Quantum Corporate Park DRI (Development of Regional Impact) Attorney Cherof read Proposed Ordinance No. 096-65 by title only. Attorney Cherof advised that there are a few points staff and the applicant need to bring forth at this time. These points will be reflected in the Ordinance on second reading. Jim Willard, representing Quantum Associates, questioned whether Mr. Cherof was able to receive and modify the Ordinance to reflect the addition of the words research and development into the land use. Attorney Cherof advised that all changes will be reflected for second reading. Mr; Willard advised that at the request of the purchaser, upon reviewing the master site development plan for Quantum Park, they noticed a land use designation called Research and Development. Since they will be doing research and development activities within their project, rather than changing the land use designation to Office/Industrial, they would like it to read Office/Industrial/Research and Development. Mr. Willard spoke with Jim Schneider at the Treasure Coast Regional Planning Council and he has no objection and understands that this will be a multiple land use category for this project. The applicant 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 therefore requests that the final approval of this Ordinance incorporate the words Research and Development. Tambri Heyden, Planning and Zoning Director, reminded the Commissioners that this project was mentioned at the last City Commission for fast tracking. Staff comments are not yet available. Staff comments are usually reflected in the Ordinance on first reading. However, at this time, only some verbal remarks have been received from the Region. The comments from staff are slowly being received. One thing that has come forward so far is that the Region would like to see the insertion of the use of Lots 80, 81, and 82 to be changed from Office to Industrial/Commercial. These are the lots that came before the City Commission with the last DRI amendment. Some of the lots are being used by CarMax. With the last DRI amendment, there was a land use amendment that had to be processed. It could not reflect the change in those lots needed for CarMax, and there was an understanding that there would be a further DRI amendment needed for those lots. In talking to the Region and the State, there was some disagreement as to whether that change in use for those three lots would require a DRI application. Ms. Heyden was able to convince them that did not make sense. The only proviso they have regarding the use of those lots to Industrial/Commercial is that Note #4 on the master plan be deleted. These comments will be forwarded to the Commission upon second reading along with a complete staff report. It is requested that the above be included in addition to the insertion of Research and Development for Lots 32, and 33 as shown on Page 2 of the Ordinance. Attorney Cherof suggested that the staff report be prepared in advance so that on second reading of this Ordinance the applicant and buyer of the property have the opportunity to review the comments and reflect back any concerns. Mayor Taylor appreciates the work staff is doing and pointed out that this is a big project for the City. He requested staff's help and cooperation. Commissioner Bradley inquired if there would be a benefit to putting this land use designation on all of the properties that are industrial in Quantum Park. Ms. Heyden advised that the problem we have with this master plan is that when it started out, there was clear distinction of what the use would be on lots. It has now evolved into something that has become unmanageable and it has become difficult to assess for traffic when there are multiple uses on a single lot. There may be some local issues with not wanting to locate an industrial use on a lot where Research and Development would be allowed. Commissioner Bradley pointed out that from a development standpoint, Research and Development is a higher end Industrial. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Mr. Willard agreed with Commissioner Bradley's remarks. He pointed out that he and his client have never been able to figure out the purpose of limiting certain lot usage to Research and Development. Research and Development is not a land use category that appears in most zoning ordinances, or it is differentiated in most jurisdictions. Therefore, the applicant did not feel the need to have a separate category for DRI purposes. Research and Development is something that normally takes place in Industrial categories. Perhaps we will eventually reach agreement with the City and do a DRI amendment which provides the flexibility to move around some land use categories within the project. The applicant cannot identify any lot that would not be appropriate for Research and Development within the Park. Motion Commissioner Tillman moved to approve as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions None D. Other None Xl. UNFINISHED BUSINESS: A. Proposed budget for FAMU Band's participation in 1997 Black Awareness Day functions At the Commission's request, Mr. Hawkins reviewed what Delray Beach had done with respect to their participation in the Roots Festival. Mr. Hawkins advised that there are some specific expenses associated with this band. These expenses are typical of what they charge to go anywhere. They consider themselves to be professionals. Mr. Hawkins explained that they would be here for one day. They would travel here on buses, and we would feed them one meal. Following their performance, they would travel back to Tallahassee by bus. The budget provided by Mr. Hawkins covered the basic expenses to hire this band. We are attempting to put together a marching festival which will include the Florida A&M Band and five or six other area bands. We will try to put together an event that people will pay $10 to attend. There will be a contest between the high school bands. Trophies will 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 be awarded. The featured band will be FAMU. The marching festival provides excitement and a large spectrum of the community becomes involved. This promotes the school itself and gets the alumni involved. The festival will be held at Santaluces High School. There is seating for 3,000 to 4,000 people. In talking with the Finance Director from Delray Beach and Roots Festival organizers, it was stressed that the most important things that must be done are advertising and promotion. Another important factor is the weather. When the festival was held in Delray Beach, it rained and they lost money. However, Mr. Hawkins pointed out that this event has a following. Most of the costs are not negotiable; however, the cost of food is somewhat negotiable because we might be able to get some of the restaurants to donate food. Mayor Taylor noticed that the City of Delray Beach paid Atlantic High School band $4,000; however, on the budget provided, it shows that we would be paying six high school bands for $3,600. Mr. Hawkins said he did not get into the particulars of what was negotiated with Delray and the Booster Club. He assumed that many things went on there we are not recognizing. The costs Mr. Hawkins included for the bands is the basic cost of transportation. MaYor Taylor further pointed out that the budget for Delray shows the FAMU Band getting a fee of $10,000; however, there is no indication of such a figure on our budget. After reviewing the budget figures, Mr. Hawkins apologized for leaving out that number. The amount of $10,000 would have to be added to the budget. That would bring the total amount to $42,070. Mayor Taylor further pointed out that no costs were included for Police and Sanitation. Mr. Hawkins advised that Santaluces is located in the unincorporated area. He is hopeful that the committee will be able to get Sheriff's Auxiliary and the Highway Patrol Auxiliary. That will negate some of the costs for that type of protection. In Mayor Taylor's opinion, the City has historically been very supportive of the Black Awareness activities, understanding that this is not a City function. There is a Black Awareness Committee that puts on these events every year. The City has tried to be supportive. However, when these types of costs are associated with a function, you cannot ask the City to fund it with taxpayers' money. He feels the Committee needs to raise these funds privately. The City can look at a shortfall, or provide some kind of support. An event such as this needs private sponsorship. Mayor Taylor does not know if an expenditure such as this can be justified as a taxpayer expenditure. This is not a City function. In addition, if it rains on the day of this event, the City will lose more than $40,000. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Vice Mayor Jaskiewicz wondered why this event was not planned to allow for more time to raise funds. Mr. Hawkins agrees that this should have been planned sooner. In response to a question from Vice Mayor Jaskiewicz, Mr. Hawkins explained that the Roots Festival is an event that is worked on all year long. When this band decides to go somewhere, it is because someone knows the right person in the organization. They could have planned it a year ago, but if the band did not want to come, it would not happen. We have an opportunity because we have an inside track to make it happen. The Committee sends out sponsorship letters for all events every year. In this case, that endeavor is expanded and more funds are requested. Commissioner Titcomb noted an expense for Stadium Rental/Insurance. He questioned whether anyone looked into insurance that would cover the cost of a private organization putting on this event if it rains. Mr. Hawkins advised that the City has an opportunity to buy insurance at a special rate for one-time special events. This is basic liability insurance. Staff could look into the cost of rain insurance. in response to Mayor Taylor's question, Mr. Hawkins advised that Lena Rahming is the chairperson of the Black Awareness Committee. Commissioner Tillman explained that the Black Awareness Committee contacted him to make this request from the City. Commissioner Tillman feels the guarantee would be offset by the band's participation because of the amount of money taken in by the sale of tickets. This band generates activity because everyone will show up. This means there will be concessions, and our Bulldogs could collect money for parking. This will not be money wasted. Mayor Taylor admitted that he has heard of this band and believes they do put on a great show. He would like to see something in writing from someone who has made money on this event, Mr. Hawkins explained that Riviera Beach made money. Their event was done without much participation on the part of the City. They had participation from fraternities, Suncoast High School and local organizations. Those local organizations made a profit. On December 8th, another event involving this band will be held at the Orange Bowl. Those tickets are being sold through Ticketmaster. This is proof that these events are successful. Mayor Taylor pointed out that nothing has been shown to the Commission that the Committee raised most of the money and needs assistance from the City to cover a shortfall. Mr. Hawkins realized that the Commission wants to see something from the Committee that will provide a better comfort level. Mayor Taylor agreed and pointed out that the Committee has to help justify this expense. 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Commissioner Bradley feels it is important to realize that the City is seeding this event. In a sense, this is no different from G.A.L.A. This is a City-promoted function. He believes the Commission needs more comfort, but it is a good idea and we need to do it. Vice Mayor Jaskiewicz questioned why the Committee did not pursue this earlier. Mr. Hawkins explained that the Committee has been working on this and brainstorming. The Committee did not want to come to the Commission if they could not get this to happen. Commissioner Tillman reiterated that the energy in the project is the band itself. When the band shows up, everybody else shows up. During half-time at games, no one gets up to go to the restroom. They stay in their seats to watch the band. Vice Mayor Jaskiewicz questions whether the Commission has the right to say the City will give $42,000 for this event. If they could provide information on the funds that were made, it might be possible to justify this expenditure. In response to Mayor Taylor's question, Mr. Hawkins advised that less than $20,000 was spent on Black Awareness last year. The City's participation was $3,000. All other expenses are raised by the Committee. This is one of the few Committees that pays the employees for their participation. The City has been an official co-sponsor of the Black Awareness event. This $3,000 is included in the Publicity Fund. Mr. Hawkins agreed to bring back more information at the Special Meeting on December 12. Xll, CITY MANAGER'S REPORT: City Manager Sugerman advised that Virginia Farace has received the Florida Public Lib!ary Association's Special President's Award for outstanding library leadership. It was conferred on her on November 5 at the Annual State Conference in Winter Park. She earned the award for leadership, generous view of library service and cooperation, and her persistance and work on behalf of municipal libraries to receive State aid. She led the Palm Beach County Library Cooperative in formulating an agreement that has been accepted by the State libraries, and this year, three municipal libraries will receive State operating funds. The award also cited her accomplishments in obtaining a State grant of over $161,000 for COALA. This grant provides funding to update hardware and software to benefit four municipal libraries in Palm Beach County. In addition, last month, the Boynton Beach Chamber of Commerce presented the Ann Barrett Award to Virginia Farace at Aberdeen Country Club. This award is presented to an ihdividual who has contributed to improving the quality of life, welfare, and/or business climate in the greater Boynton Beach area. 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 3, 1996 Mayor Taylor advised that Ms. Farace is also involved in a committee that is trying to raise money for the Old School Museum. Her work and dedication are outstanding. Mr. Sugerman advised that there will be a vendor fair to allow us to look at computer software that will be installed on the new network system. December 16 will be dedicated to Police/Fire, Records Management and Computer-Aided Dispatch vendors. December 18 will be dedicated to Finance, Human Resources and Utility Billing vendors. There will be day-long demonstrations in the Library Program Room from 9:00 a.m. until 4:00 p.m. Everyone is invited to attend. Mayor Taylor thanked City Manager Sugerman for his report on Civil Service data. This is an issue which will be addressed by the Commission. Mayor Taylor also thanked City Manager Sugerman for his ITS report. It was done in layman's language. Xlll. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:30 p.m. ATTEST: CityC~31erk ~ na~S'ec~r~ CITY OF BOYNTON BEACI::L~ Commi88ionor CommiCsioner issioner 29 .¸ CITY CITY OF BOYNTON BEACH COMMISSION AGENDA APPROVALOFBILLS DECEMBER3,1996 FLORIDA DEPT OF TRANSPORTATION .................... $ 72,500.00 Landscape/Irrigation Projects Pay From Public Service Tax Construction -- 301-722-5-635-05 THE KENNEDY GROUP LTD .............................. $10,000.00 Lexington Lakes Cash Bond Release Pay From W & S Rev Fund -- 401-000-1-200-10 RANGER CONSTRUCTION INDUSTRIES INC ............... $129,473.50 PO 12211. Annual Street Resurfacing Project Pay From Various Funds SCRWTD BOARD ...................................... $164,042.86 10/96 Wastewater Trtmt/Disposal User Charges Pay From W & S Rev Fund -- 401-353-5-490-09 SCRWTD BOARD ...................................... $ 20,298.81 Maintenance/Cap Projects, Cap Asset Expenses Pay From Util Gan Fund -- 403-000-0-691-22, $14,668.03 Pay From 1996 Const Fund -- 407-000-0-691-20, $880.87 Pay From W & S Rev Fund -- 401-353-5-699-99, $4,749.91 VAC-CON INC ......................................... $149,659.00 PO 13043. Sewer Cleaning Vehicle Pay From Veh Serv Fund -- 501-193-5-688-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. DALE S. SUGERMAN, INTERIM CITY MANAGER