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Minutes 09-06-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 6, 2006, AT 6:30 P.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager David Tolces, Assistant City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Taylor called the meeting to order at 6:31 p.m. The invocation was given by Vice Mayor Carl McKoy. Commissioner McCray led the Pledge of Allegiance to the Flag. Mr. Bressner made a statement advising his intent to further review the disciplinary action involving Lt. Richard Root of the Boynton Beach Police Department. The focus of the review would be the theft charge and a forensic accountant may be utilized. Mr. Bressner indicated he appreciated all the comments he had received regarding the matter. Mayor Taylor commended the City Manager on his decision to review the matter and agreed with the action. Commissioner McCray would not accept the announcement and requested the matter be placed on the agenda for discussion. He felt the review was a stall tactic on the part of the City Manager. Mayor Taylor did not feel the matter should be discussed further at this juncture. Commissioner Ferguson also requested the topic be heard under New Business. Vice Mayor McKoy agreed. Attorney Tolces suggested the change in the agenda be made under item I.D. Agenda Approval. Commissioner Ensler commented the discussion should be kept at a minimum since the matter would need to be subsequently addressed. Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Mayor Taylor cautioned the matter could be a lawsuit and any comments made would be on the record. Commissioner McCray acknowledged the Mayor's cautionary instruction. 1. First Budget Public Hearing for Fiscal Year 2006/07 Budget 2. Proposed Resolution No. R06-147 Millage Rate for Fiscal Year 2006/07 Re: Adopting the Proposed 3. Proposed Resolution No. R06-148 Budget for Fiscal Year 2006/07 Re: Adopting the Tentative Attorney Tolces read Proposed Resolution No. R06-147 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Commissioner Ensler questioned if approval of the proposed resolutions would affect any revisions to the capital plan. Bill Mummert, Director of Financial Services, reminded the Commission the final adoption of the budget would not occur until the next meeting. Changes could be made in the interim. He explained the total appropriation for the capital improvements would be the target figure. Mr. Mummert concurred with Mayor Taylor that the Commission would retain the authority to amend the appropriations at any time for all funds. Commissioner Ferguson commented, in his view, the $10M surplus revenue would allow the millage rate to drop to 6.5 mills and he had offered to compromise at 6.8 mills returning 35% of the surplus to the citizens. To accomplish a balanced budget at 6.8 mills he contended excess revenues would continue and a reduction in the number of personnel would be necessary. Commissioner Ferguson noted the extra police would be over the FBI guidelines and there is currently insufficient space to accommodate additional officers. He suggested an alternate resolution dropping the millage rate to 6.8 mills, changing the estimated revenues by $lM and cutting the personnel by 10. Commissioner Ferguson concluded the proposed budget represented government against the people. Mayor Taylor opposed Commissioner Ferguson's recommendation. He reiterated his contention that a 7.2 millage rate would be preferable; however, he had compromised at 7.1 mills. The reduction in millage would eliminate improvements at Wilson Park, the boardwalk at Oceanfront Park and delay the Boundless Park project, among other projects. Mayor Taylor also noted the management study of the Police Department revealed lack of space was a factor of inefficiencies. He would recommend the City Manager investigate leasing space for the Police Department to improve efficiencies immediately. He contended cutting the budget may sound good, but the citizens have many projects they would like to see completed at this time. 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Motion Commissioner Ensler moved to approve Proposed Resolution No. R06-147. Vice Mayor McKoy seconded the motion. The motion passed 3-2. Mayor Taylor requested a roll call vote. Vote City Clerk Prainito called the roll. The motion passed 3-2. (Commissioners McCray and Ferguson dissenting.) Attorney Tolces announced as a result of the vote the proposed millage rate for 2006/2007 fiscal year shall be 7.1 mills, representing 21.05% above the computed roll-back rate. Attorney Tolces read Proposed Resolution R06-148 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ensler moved to approve Proposed Resolution No. R06-148. Vice Mayor McKoy seconded the motion. The motion passed 3-2. (Commissioners McCray and Ferguson dissenting) Attorney Tolces announced the second public hearing on the millage and the budget would be held on September 19, 2006 at 6:30 p.m. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray requested to add discussion relating to Lt. Richard Root. Mayor Taylor indicated the issue would be discussed under XL New Business. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ferguson commented the President of the Chamber of Commerce, Mr. Jergensen, represented to the Commission, the Chamber's unanimous opposition to relinquishing industrial lands, when in fact; Mr. Robert DeAngelo of Compson Group was unaware of the position. He did not feel this type of unilateral comment was appropriate. Commissioner Ferguson indicated he was opposed to political speeches being given during City Commission meetings. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Mayor Taylor felt the Chamber of Commerce input was appropriate and needed. Mayor Taylor congratulated the Police Department on their cooperation during the management study that had been completed. Most of the recommendations for improvement were minor in nature. Commissioner Ensler commented on the recusal requirements for quasi-judicial board members voting on projects and suggested the guidelines be reviewed and enhanced to avoid any future questions. Commissioner Ferguson inquired if the Commission would be included and Commissioner Ensler agreed. Commissioner McCray noted the boards have legal counsel available at the meetings and he felt further standards are not needed. Commissioner Ensler felt strongly that additional requirements were needed and when necessary the board members should step down from the dais and sit in the audience while matters in question are discussed. Commissioner McCray stressed any ethical considerations should be across the board for everyone. Vice Mayor McKoy would agree to review any recommendations submitted by legal staff. Commissioner McCray thanked Chief Immler for bringing the trophy from the Annual Labor Day Police Event to the City of Boynton Beach. III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. "Kids Day America/International" - September 16, 2006 Dr. Tim Kehrig announced Kids Day America would be held on September 16th for environmental awareness on children's health and safety to be held at Toys "R" Us. The event will feature child ID cards, free fingerprinting by the Police Department and fire safety from the Fire Department. Mayor Taylor read the Proclamation and presented it to Dr. Kehrig. 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 b. "Tribute" - St. John Missionary Baptist Church Mayor Taylor read the Tribute and presented it to Commissioner Mack McCray, who serves as the Chairman of the 98th Anniversary Committee for the St. John Missionary Baptist Church. Commissioner McCray expressed the thanks of the entire church for the Tribute. 2. Presentation on possible expansion and reconfiguration of Bicentennial Park in conjunction with a new proposed mixed-use development. Bonnie Miskel, agent for Ridgemore Development, the contract purchasers for properties north of the Park, explained the efforts of her client to envision development of their property in conjunction with the Park expansion to improve the economic viability of their project. Their intent was to design and create a project as a catalyst to entice people to downtown. Ms. Miskel's client agreed to commit a minimum of $lM to expand and improve Bicentennial Park. She requested feedback from the Commission on the possibility of expansion and reconfiguration of the Park and partnering with the City on the entire project. Commissioner Ferguson questioned the acquisition of a piece of property that may be in probate for at least a year or more. Ms. Miskel explained the Community Redevelopment Agency had already given staff authority to negotiate real estate transactions with the involved parcels. She noted the property referred to by Commissioner Ferguson had been earmarked for public parking. Commissioner Ferguson suggested expanding the amphitheater and eliminating the tennis court from the plan. He commented that he approved and felt it was a marvelous design. Vice Mayor McKoy supported the concept by design and agreed the expansion of the amphitheater would be an asset. Commissioner McCray inquired of staff about the relocation of the animal shelter currently on site. Mr. Bressner indicated no definitive plans for relocation had been made. The intent would be to maintain the services, so the facility would have to be relocated. Mayor Taylor noted the Community Redevelopment Agency had requested the animal shelter be relocated as it did not lend itself to any type of redevelopment in the area. Commissioner McCray inquired about the disposition of the property abandoned by the fire station. No decision on the use of the property had been made, according to Mr. Bressner. Commissioner McCray suggested the animal shelter could be relocated to the site. Mr. Bressner would not recommend the use since the property was adjacent to a residential area. Commissioner Ensler mentioned Admiral Morris had recently passed away who had responsibility for all veterans memorial parks world wide. Commissioner Ensler agreed with the concept design and requested clarification on the parking facilities. Ms. Miskel replied the Community Redevelopment Agency's intent was to purchase two parcels specifically for a public parking garage in the overall package. Mayor Taylor agreed a downtown venue was needed. He particularly liked the water fountain feature to attract visitors downtown. 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Ms. Miskel thanked the Commission for the opportunity to make the presentation and indicated staff would be contacted to get the project underway. Commissioner McCray reaffirmed he would need a recommendation from staff on the relocation of the animal shelter before he would agree with the project. 3. Presentation by Brown and Caldwell and Utilities staff on Water Supply Reconfiguration Plan. Kofi Boateng, Director of Utilities, reviewed how Brown and Caldwell and the Utilities Department were able to develop a capital improvement program and develop a future water supply strategy for the City. The presentation related to the second phase of the task order dealing with development of a future water supply strategy and minimizing the cost. Several alternatives had been investigated and three were acceptable with two of the three having already been presented to the Commission. Mr. Boateng introduced Ron Ash and Rick Olson of Brown and Caldwell who would be doing the presentation. Mr. Olson's presentation reviewed the proposed alternative and the uncertainties, technical support required, project cost and recommended implementation schedule. He explained the three components of the proposed alternative involved extending the agreement with Palm Beach County to provide up to 5 mgd of finished water until expansion is completed, convey west surficial wellfield water to the East Water Treatment Plant and convert the West Water Treatment Plant from nano filtration to LPRO (Low Pressure Reverse Osmosis). Mr. Olson stressed extending the agreement with Palm Beach County was critical to meet the peak demands as the capacity at the current plants would not be adequate. Conveying the water from the west wellfield to the East Water Treatment Plant may require a booster station to be built, construction of a pipeline using trenchless technologies and modifying the East Water Plant to accommodate the west wellfield water. Mr. Olson pointed out installing new Floridan Aquifer supply wells, new raw water piping.. new pumps and process equipment would be needed for completion of Phase II of the project. He noted there were uncertainties regarding the routing of the pipeline, treatment modifications, location of the wells and most importantly the cost. In the year 2008, the City will experience a water imbalance between the west water wells and the East Water Treatment Plant. Mr. Olson illustrated a northern pipeline and southern pipeline alignment The recommendation was using the southern pipeline alignment of 6.2 miles and using existing canal right-of-ways and secondary roadways at a cost of $14.5M. The use of the Jarvis wellfield would eliminate the expense of crossing 1-95 or the FEC railroad tracks and constitute a savings of $2M. Upgrades would be needed at the West Water Plant to treat the water prior to pumping it to the East Water Treatment Plant. The best alternative would be to install at the West Water Treatment Plant an anion exchange pre-treatment unit. The possible use of a potassium permanganate would be a less expensive option. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 The second phase would include six new upper Floridan Aquifer wells that could be located at the Boynton Beach Municipal Golf Course, Sanitary Land Fill, St. Vincent's Seminary, West Water Plant or various golf course properties. Commissioner McCray interjected his concern with any possible carcinogenic that may be present at the old landfill. Mr. Olson replied monitoring was being done and none had been found. The water would be from an area significantly lower than the surface landfill. The two sites proposed were the Boynton Beach Golf Course and the Cypress Creek Golf Course for two production wells. The six wells would cost approximately $2M each. Mr. Olson mentioned the cost of using the two test wells recently drilled would be greater than the cost of drilling two new wells. Commissioner McCray asked if any private property would be used for the pipeline routes. Mr. Olson replied the hope was to use existing right-of-ways and canals; however, private property would be needed for the actual well sites. Mr. Olson reported the projected cost included realistic markups on the figures reflecting a total capital cost of $63.2M and a life cycle cost analysis over 25 years of $79M. Capital cost represents the actual cost as an investment and the life cycle cost would be the cost of maintaining and operating the two plants. A comparison of the cost of the four alternatives revealed the conveyance of water to the East Plant and conversion of the West Plant to LPRO would be the least expensive and produced a greater amount of new water for use. The implementation schedule showed the extended agreement with Palm Beach County would need to be done immediately. The conveyance piping and East Plant modification should be operational by 2010. The West Plant conversion and Floidan Aquifer wells should be completed by 2013. Mr. Olson noted the increased use of reclaimed water or a decrease in per capita water usage could serve to delay the necessity for implementation of Phase II. The creation of a reservoir in the County could also raise ground water levels and the West Water Plant would not need modification; however there would be a capital cost associated with the reservoir and higher use of the West Water Plant. Commissioner Ensler complimented Mr. Olson and his company for the ingenious plan and the work they had done to save money for the City and provide water to the citizens. He questioned if an agreement could be reached with South Florida Water Management for unlimited use of water from the Floridan Acquifer during droughts and requested feedback on a possible agreement. Commissioner Ensler fully supported the plan. Mayor Taylor speculated a multi-year contract may be reached with the County that would eliminate the additional cost. Mr. Bressner explained a capacity charge would be assessed representing a portion of the County's capital investment to provide the water. He felt it might be worthwhile to discuss the issue and obtain a cost figure for a long term contract. Commissioner McCray inquired about the availability of funding. Mr. Bressner indicated the funds would have to be evaluated in the context of other utility projects. The new proposal is $30M less than the original plan. Mr. Olson pointed out cost sharing opportunities may arise with South Florida Water Management District for 20% of the capital cost. 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Mayor Taylor commented he felt the southern routing would be a more viable route and less expensive. Commissioner Ferguson concurred. Mr. Olson indicated there would be approximately 18 months allowed for negotiating and permitting the right-of-ways for the pipeline. Mr. Bressner asserted an implementation schedule and plan would be brought back before the Commission in October. Mr. Boateng added the new information would be fed into the new capital improvement plan to evaluate the impact on funding and any burden on the customers through a rate study. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Sunny Garcia, 1631 NW 3rd Lane, expressed his opinion in opposition to allowing political speeches during Commission meetings. Mayor Taylor responded it was his prerogative to run the meetings and he felt it was informative for the public. Stacey Deloye, 2500 SW 10th Street, distributed a petition and pictures, a copy of which is on file in the City Clerk's office, depicting a triangular piece of land behind her residence. She requested the Commission develop and fund a plan to beautify and restore the City owned portion of the property, convince Florida Power & Light to landscape around its substation and power lines, and persuade the Lake Worth Drainage District to restore the buffer area. Any help the Commission could give to maintain her family's quality of life and home value would be appreciated. Mayor Taylor explained he had contacted Commissioner Warren Newell regarding the problem. He also emphasized the Lake Worth Drainage District is very authoritative in regard to their land. Mayor Taylor indicated the City would investigate the situation. Shajeda Khatun, 102 SW 12th Avenue, complained regarding the increase in his property value for tax purposes. Mayor Taylor and Attorney Tolces advised Mr. Khatun to talk to the County Tax Collector's office and Property Appraiser's office to go before the Value Adjustment Board. No one else coming forward, Mayor Taylor closed the Public Audience. V. ADMINISTRATIVE: A. Accept the resignation of Diana H. Johnson, Alternate member of the Planning and Development Board. Motion Commissioner Ferguson moved to accept the resignation of Diana Johnson. Commissioner McCray seconded the motion. The motion passed unanimously. 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 B. Accept the resignation of Pamela Winters, Regular member of the Recreation and Parks Board. Motion Vice Mayor McKoy moved to accept the resignation of Pamela Winters. Commissioner McCray seconded the motion. The motion passed unanimously. Mayor Taylor thanked both Ms. Johnson and Ms. Winters for their contribution to the community while serving on the respective boards. C. Appointments Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2) Ensler Cemetery Board Alt 1 yr term to 4/07 III IV Ferguson McKoy Code Compliance Board Code Compliance Board Alt Alt 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (2) Motion Vice Mayor McKoy moved to appoint George Moyer to the Code Compliance Board. Commissioner Ferguson seconded the motion. The motion passed unanimously. IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (2) I Ensler Community Relations Board Reg 3 yr term to 4/08 II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 III Ferguson Education and Youth Advisory Board Alt 1 yr term to 4/07 II McCray Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (2) IV McKoy Library Board Alt 1 yr term to 4/07 III Ferguson Library Board Alt 1 yr term to 4/07 Tabled (2) II Ensler Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 Tabled (2) Motion Vice Mayor McKoy moved to appoint Lisa Jensen to the Employees' Pension Board. Commissioner Ferguson seconded the motion. The motion passed unanimously. All appointments, with the exception of the two appointments made, were tabled. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - August 15, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Authorize the multi-award of the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT", Bid #047-1412-06/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated expenditure of $33,000. 2. Authorize the execution of a contract for "IMPLEMENTATION OF THE M-1 ZONING DISTRICT STUDY FOR THE CITY OF BOYNTON BEACH, FLORIDA" (RFP #055-2414-06/JA) to Calvin, Giordano & Associates, Inc. of Ft. Lauderdale, Florida, in the amount of $24,930. (Proposed Resolution No. R06-149) Commissioner McCray pulled item V1.B.2 for discussion at the request of Mr. Bressner. 3. Award the "TWO-YEAR CONTRACT FOR CUSTODIAL CLEANING SERVICES FOR FACILmES", Bid #042-2511-06/JA, to First Genesis Lawn Services, Inc., of Boynton Beach, Florida, in the amount of $191,724 for each year of the two-year contract. (Proposed Resolution No. R06- 150) Commissioner McCray pulled item V1.B.3 for discussion. C. Resolutions 1. Proposed Resolution No. R06-151 Re: Authorizing the execution of Amendment #3, Task Order No. 17 to CH2M Hill in the amount of $76,083 for additional engineering services during the construction of Aquifer Storage and Recovery Well No.2 (ASR-2). 2. Proposed Resolution No. R06-152 Re: Authorizing the execution of an Interlocal Cooperation Agreement between Palm Beach County and the City of Boynton Beach for application to the Florida Department of Community Affairs to receive funding of $1,629,270 through the 2005 Florida Disaster Recovery Initiative (DRI) Commissioner McCray pulled item V1.C.2 for discussion. 3. Proposed Resolution No. R06-153 Re: Approving expenditure in the amount of $45,000 from the Federal Law Enforcement 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Trust Fund for the purchase of a Te/estaff computer-based manpower tracking and notification system. D. Approve the full release of surety for the project known as Premier Gateway Center at Quantum (Lots 73A-76 - Quantum Park) in the amount of $157,412 and return performance bond #SUR010158 from the Lincoln General Insurance Company in this amount to the project developer. E. Approve the sole source purchase of one Apella Video Server System from Videotechnics, Inc. at a cost of $39,675 to serve as the central depository to translate digital and analog signals to the PEG channel. F. Approve the release of a cash surety in the amount of $1,000 that was posted by Butters Construction and Development in connection with the Coiltronics project. G. Approve the release of a cash surety in the amount of $21,115 that was posted by Brighton East Lake in connection with the Cedar Ridge Subdivision. H. Approve the release of a cash surety in the amount of $1,375 that was posted by Honor Built Associates in connection with the Kensington Place Townhouse Development. 1. Approve the release of a cash surety in the amount of $531 that was posted by Wood Partners in connection with the Alta Chase Apartments. J Authorize the use of $1,000 each of Mayor Taylor's, Commissioner Ensler's, and Commissioner McCray's Community Investment Funds for the Education & Youth Advisory Board Youth Expo, Bob Borovy Student Citizen of the Year Award and the Youth Volunteer Bank for their ongoing events and programs. Vice Mayor McKoy pulled item VIJ for discussion. K. Approve the 'ESTATES AT HERITAGE CLUB PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper). L. Authorize the use of $1,500 of Mayor Taylor's Community Investment Funds for the Woman's Club for physical improvements to the structure. Motion Commissioner Ferguson moved to approve all the consent agenda items with the exception of those items pulled for discussion. Vice Mayor McKoy seconded the motion. The motion passed unanimously. V1.B.2. Authorize the execution of a contract for "IMPLEMENTATION OF THE M-1 ZONING DISTRICT STUDY FOR THE CITY OF BOYNTON BEACH, FLORIDA" (RFP #055-2414-06/JA) to Calvin, Giordano & Associates, Inc. 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 of Ft. Lauderdale, Florida, in the amount of $24,930. (Proposed Resolution No. R06-149) Mr. Bressner addressed the scope of work as outlined in the RFP as being insufficient to complete the work. The cost of redoing the project would be in excess of the $25,000 budgeted. Another alternative would be for staff to do the work in-house. Commissioner Ensler noted all four quotes came in for $25,000 and the scope had been reduced. He contended the item should be re-bid without a maximum. He further commented one task called for prohibiting conversion of industrial land. The prohibition took away the right of the Commission to make the decision. Mr. Bressner noted the scope of work had been reduced and the use classifications within manufacturing districts had to be analyzed. Also, a graduated transition zone should be established for industrial areas adjacent to residential areas west of the railroad tracks. Motion Commissioner Ferguson moved to table item V1.B.2 Motion Commissioner McCray moved to remove item V1.B.2 from the agenda. Commissioner Ferguson seconded the motion. Motion Commissioner Ensler moved to have the item re-bid in accordance with the study Michele Mellgren prepared and the scope of work expanded. Commissioner McCray seconded the motion. The motion passed unanimously. V1.B.3. Award the "TWO-YEAR CONTRACT FOR CUSTODIAL CLEANING SERVICES FOR FACILmES", Bid #042-2511-06/JA, to First Genesis Lawn Services, Inc., of Boynton Beach, Florida, in the amount of $191,724 for each year of the two-year contract. (Proposed Resolution No. R06- 150) Commissioner McCray inquired about the name of the cleaning company presently being used. Bobby Jenkins, Assistant Director of Financial Services, replied the name of the company was Cleaning Services, Inc. and it was not a minority owned company. The proposed contract would be with a minority owned firm, locally owned and operated. The employees currently being used at City Hall would remain the same. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-150. Vice Mayor McKoy seconded the motion. The motion passed unanimously. V1.C.2. Proposed Resolution No. R06-152 Re: Authorizing the execution of an Interlocal Cooperation Agreement between Palm Beach County and the City of Boynton Beach for application to the Florida ]2 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Department of Community Affairs to receive funding of $1,629,270 through the 2005 Florida Disaster Recovery Initiative (DRI) Commissioner McCray pulled the item to offer kudos to the staff able to obtain the $1,629,270 with grants for the City of Boynton Beach. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-152. Commissioner Ferguson seconded the motion. The motion passed unanimously. VIJ. Authorize the use of $1,000 each of Mayor Taylor's, Commissioner Ensler's, and Commissioner McCray's Community Investment Funds for the Education & Youth Advisory Board Youth Expo, Bob Borovy Student Citizen of the Year Award and the Youth Volunteer Bank for their ongoing events and programs. Vice Mayor McKoy wanted to include $1,000 from his Community Investment Funds as well. Motion Vice Mayor McKoy moved to approve item VIJ. as amended. Commissioner Ferguson seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS: A. Authorize the payment of settlement from continuing negotiations in the amount of $7,500 in the case of Gerard Thermitus v. City of Boynton Beach. (Original demand on this claim was $100,000.) Motion Commissioner McCray moved to approve item VILA. Commissioner Ferguson seconded the motion. The motion passed unanimously. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these publiC hearings in its dual capacity as Local Planning Agency and City Commission. Descri ption: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. (Postponed to September 19, 2006) A. Project: Agent: Owner: Location: 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 B. Project: Agent: Owner: Location: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Description: Request for new site plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. (Postponed to September 19, 2006) IX. CITY MANAGER'S REPORT: A. Accept the Final Report from the Police Executive Research Forum on the "Management Study of the Boynton Beach Police Department". Chuck Magazine, Risk Manager and project manager for the study, reviewed the procedures and methodology used during the study that included data and statistics, interviews and focus groups. Chief Matt Immler indicated himself and ranking officers had reviewed the recommendations and most of them had been done, are in the process of being done or impractical to accomplish. All available data had been provided and analyzed giving a very good compilation of the structure of the Police Department and how it operates. Mayor Taylor was impressed with the openness of the officers and the department. He congratulated the Chief and his entire staff on their performance. X. FUTURE AGENDA ITEMS: A. Interlocal Agreement between the City of Boynton Beach and the Palm Beach County School District on facility use and fees (September 19, 2006) B. Future Water Supply and recommendation on the use East Water Treatment Plant and West Water Treatment Plant (September 19, 2006) C. Proposed Ordinance No. 06- RE: Amending Chapter 2, Administration, of the Code of Ordinances to add a new Article XV; Small and Minority Business Enterprises; establishing a program to assist small and minority business enterprises in competing for and being awarded City contract; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals. (September 19, 2006) D. Side-by-side comparison of existing and proposed art fee payment for the Art in Public Places Program. (September 19, 2006) 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 E. Discuss feasibility/cost analysis of Saturday hours for Building Division. (September 19, 2006) F. Schedule of all development fees and when payment is due (October 3,2006) G. Amendment to the Art in Public Places Ordinance (October 3, 2006) H. Addition of requirements over and above State requirements for board members to recuse themselves (October 3, 2006) XI. NEW BUSINESS: A. Suspension or demotion of Lt. Richard Root. (Item previously added to the agenda.) Commissioner McCray commented a newspaper article reported Mr. Bressner had indicated if he had to make the decision again he would vote the same way; however, he sent a memo and said he would be reconsidering his decision. Commissioner McCray referred to several e-mails he had received expressing opinions on the matter. He noted everyone's satisfaction when Chief Immler was hired that he would do the right job. In light of the fact Chief Immler has a law degree, is an attorney and has determined the individual should be terminated, Commissioner McCray agreed with the Chief of Police. Commissioner Ferguson agreed with Commissioner McCray to the extent that undercutting the Chief would not be proper. He also felt reinstating the Officer in any capacity would serve no purpose. Mayor Taylor indicated no final action had been taken at this time to criticize. Commissioner McCray stressed his comments were in response to public opinion. He reiterated his complete support of Chief Immler and his recommendation. Mayor Taylor felt Mr. Bressner had perhaps viewed the matter from a human relations perspective. He expressed his opinion that based on the entire report, any employee under those circumstances should be terminated immediately. It would be even more critical for a police officer. Vice Mayor McKoy pointed out the City Manager has the authority to hire and fire staff. The Commission does not have to agree with the City Manager's decision, but it should respect the decision. Since Mr. Bressner has indicated he would review the matter, Vice Mayor McKoy would await the final determination. He did request a time frame for the decision. Mr. Bressner replied he had requested additional information from the Police Department and based on that information would decide if an external investigator would be required. He would meet with the investigators within the next week. Mayor Taylor inquired if the Officer should be suspended immediately pending the final decision. Mr. Bressner recommended an immediate suspension would not be appropriate. 15 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 Commissioner McCray requested retirement information relating to Mr. Root and if an offer had been made for him to buy three years. Mr. Bressner responded Mr. Root had been eligible for the DROP program as certified by the Pension Administrator and if an application would be submitted, his signature would be required. The impact of a termination was not known. Vice Mayor McKoy suggested the public be given an opportunity to be heard on the matter. Sergio Casaine, 13 Meadows Park Lane, expressed his opinion the reputation of the police personnel had been placed at stake. In his view, Chief Immler's decision was appropriate and further evaluation was necessary. The matter reflected poorly on the City of Boynton Beach. Mayor Taylor felt the Chief of Police had followed the procedure for any department to terminate an employee. It remains the City Manager's decision based on his review of the facts. Carl Boucard, 4827 Concordia Lane, related his experience several years ago with renting the FOP Lodge for an event and not having his deposit returned after following the rules and regulations of the lease. Lt. Root was the officer who refused to return the deposit. Mr. Boucard felt violated by a police officer who abused his authority. Commissioner Ferguson mentioned Mr. Boucard's remarks were a telling commentary. Lee Wische, 1302 SW 18th Street, expressed his opinion the decision had been made too abruptly. The fact remained the Officer had his hand in the cookie jar and got caught. Robin Boucard, 4827 Concordia Lane, added it took several attempts and many months to get a receipt for the deposit she paid to rent the FOP Lodge. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-073 Re: Approving the establishment of the Boynton Village Community Development District (Tabled to 09-06-06) Motion Commissioner McCray moved to remove item XI1.A from the table. Vice Mayor McKoy seconded the motion. The motion passed unanimously Attorney Tolces read Proposed Ordinance No. 06-073 by title only. Mayor Taylor opened the issue for public hearing. Craig Wrath hell, representing the applicant, gave a brief overview of the project. He indicated all property owners within the district consented to the formation of the Boynton Village Community Development District. 16 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 No one else coming forward, Mayor Taylor closed the public hearing. (Vice Mayor McKoy left the dais.) Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-073. Commissioner McCray seconded the motion. Commissioner Ensler asked for clarification on why the item had been tabled. Mr. Wrathhell explained there was a problem with the notice given and it had been agreed to re-advertise the matter to avoid any complication. Vote City Clerk Prainito called the roll. The vote was 4-0. Mr. Wrath hell thanked staff and the Commission for their cooperation. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-077 Re: Amending the City of Boynton Beach Code of Ordinances and creating a new tiered rate structure for residential Solid Waste collection rates Attorney Tolces read Proposed Ordinance No. 06-077 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-077. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. (Vice Mayor McKoy returned to the dais) C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None 17 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2006 XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:54 p.m. ATTEST: p~ A. Pyle uty City Clerk (090806 ) CTIY OF BOYNTON BEACH t:- ~ Commissioner - M 18