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Minutes 09-15-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY SEPTEMBER 15, 2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk CALL TO ORDER: Mayor Taylor called the meeting to order at 10:02 a.m. II.A. Informational Items by Members of the City Commission Commissioner McCray invited everyone to the 98th anniversary celebration of the St. John Baptist Church on September 24th at 7:45 a.m. and 10:45 a.m. Commissioner Ensler inquired if the approved contract for fund raising for the boundless park had been issued and Mr. Bressner confirmed it had. Mayor Taylor noted the trophy on display that had been won by the Boynton Beach Police Department from the Labor Day competition. He also commended the Fire Department for the recent event at Bru's Room to benefit the American Heart Association. III.A.1. South Florida Water Management District awards grants in the amount of $687,800 to the City for the installation and development of alternative water supplies. Mayor Taylor commended those employees who were instrumental in obtaining the grant funds. III.C.3. Presentation by FDOT of the South Florida East Coast Corridor Transit Analysis Study - Brief overview of project, a status report and key findings. There was concern regarding the length of time the presentation would involve. Mr. Bressner indicated staff would contact the presenter and stress the need for a ten minute time limit. III.C.4. Proposed Resolution No. R06-157 Re: Providing for the issuance of $20,000,000 principal amount of Public Service Tax Revenue Bonds, Series 2006, in order to finance capital expenditures related to recreation and public safety facilities of the City. 1 Meeting Minutes Agenda Preview Conference Boynton Beach, FL September 15, 2006 Mr. Bressner advised the item had been moved forward on the agenda due to scheduling conflicts of the participants who were planning to attend. V.B. Appointments to be made Commissioner Ensler advised he would be passing on his appointment for the Community Relations Board and offered to pass it to any other Commissioner. Vice Mayor McKoy indicated the appointment would go to the next Commissioner on the rotation in the normal process. Mr. Bressner reviewed the procedure and suggested the rotation continue as established. VI. CONSENT AGENDA Commissioner McCray requested adding an item to Consent Agenda for a donation to the Lena Rahming Scholarship Funds from his Community Investment Funds. Mayor Taylor noted the item would be "R" on the list. VI.B.3. Approve a contract for Bid #054-2413-06/CJD, CONSTRUCTION OF THE INTRACOASTAL CLUBHOUSE PAVILION to Brang Construction Inc. of Florida in the amount of $3,097,000 with a contingency of $309,700 for a total expenditure of $3,406,700. (Proposed Resolution No. R06-1S9) Commissioner Ferguson questioned the amount of the original estimate. Commissioner Ensler had requested data relating to how much money had been budgeted for the last three years, the source of the monies to be spent and an explanation of the notation "PIF $1,500,000". Mr. Mummert, Director of Financial Services, reviewed the budget figures for the past three fiscal years. Some of the funding would be derived from the bond proceeds. He cautioned the $20M bond issue could cover any of the projects in the proposed budget through September, 2010 to be disbursed at the Commission's discretion. Commissioner Ensler's calculations revealed a possible budget shortage for the use of the bond monies if the Intracoastal Clubhouse Pavilion proceeded as planned. He indicated he would like to discuss the project and how it has evolved to the current plans. Commissioner Ensler emphasized funds for development of the park for the handicapped should be budgeted also, rather than adding to the Intracoastal Clubhouse. Mayor Taylor remarked the increase in construction costs had contributed to increases in all the projects that had been planned. Commissioner McCray recalled grants or other funding was going to be investigated for the boundless playground. Commissioner Ensler suggested the playground could be constructed with City money and grants would provide monies for the other facilities in the boundless master plan. Plans have been discussed for several years now and no progress has been made. Mayor Taylor stressed the other projects being funded far precede the boundless project. Commissioner Ensler felt the Intracoastal Pavilion concept had gotten out of hand. Mr. 2 Meeting Minutes Agenda Preview Conference Boynton Beach, FL September 15, 2006 Bressner added he would submit a source and use analysis showing the cash flow for the bond issue together with the history of the project. Jeff Livergood, Director of Public Works and Engineering, explained the budget figures had been adjusted upward to accommodate the hostile construction environment and value engineering changes. Commissioner Ensler did not object to the Intracoastal Pavilion; however, he did object to the monies allocated for the boundless playground now being used for the Intracoastal Pavilion project. Commissioner McCray asked for the date the original clubhouse had been torn down. Commissioner Ensler also requested the operating costs for the facilities and any additional staff requirements. Mayor Taylor asked for the costs of constructing the boundless playground only. VI.C.2. Proposed Resolution No. R06-161 Re: Authorizing the execution of an agreement with Palm Beach County for funding reimbursement in the amount of $3,700 for the 2006 Heritage Festival. Mr. Bressner explained the monies were from a grant that could be applied to the upcoming year's funding. Vice Mayor McKoy requested a status report on the upcoming Heritage Fest. Wayne Segal, Public Affairs Director, advised ongoing planning with the CRA, as joint partners, has resulted in one week of activities being planned so far. Sponsorship has been discussed along with input fram the Education and Youth Advisory Board. Commissioner McCray inquired if a 501 (c)(3) designation would be required. Attorney Cheraf responded it was not a requirement for the expenditure of public funds. Mayor Taylor asked for a break out of how the combined funding of $100,000 would be spent. Mr. Bressner suggested the matter be placed under Future Agenda Items. Vice Mayor McKoy expressed concern that the plans be started as soon as possible. VI.C.3 Proposed Resolution No. R06- RE: Approving and authorizing execution of an Interlocal Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities. Commissioner Ensler noted cultural arts events had not been included. Mr. Bressner replied the school had declined including the Boynton Beach Symphonic Orchestra as a sponsored event. He added monies had been budgeted to cover the expense if an agreement could not be reached with the School District. Commissioner Ensler requested the matter be tabled so that he could convince the School District to get the agreement changed to include cultural events. Mr. Bressner 3 Meeting Minutes Agenda Preview Conference Boynton Beach, FL September 15, 2006 questioned if Commissioner Ensler would be authorized by the Commission to discuss the issue with the School District. Commissioner Ensler announced he would speak on behalf of the Orchestra, as a member of the Board of Directors, and not the Commission. Mayor Taylor suggested the agreement go forward and the cultural events could be added at a later time so that other events could move forward. There was agreement the matter be tabled for two weeks. VI.C.4. Proposed Resolution No. R06-162 Re: Authorizing the execution of Amendment No. 1 to Task Order U05-01, Jordan, Jones 8r. Goulding, Inc. (JJG) in the amount of $197,844 for construction administration, management and field inspection for the West Water Treatment Plant (WWTP) Improvements, Phase IV. Mr. Bressner explained the item related to an earlier construction agreement for improvements at the West Water Treatment Plant until the conversion to Floridan could be initiated. The Task Order was for a consulting engineer to oversee and review the contract. Mayor Taylor assured the current improvements would be user friendly with the Floridan implementation. Mr. Bressner did reveal the membrane system would be replaced with the low pressure reverse osmosis system in five to seven years. VI.C.6. Proposed Resolution No. R06-164 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Robert 8r. Grace Luppino for the property at 1046 Florence Road, Lake Worth, FL. (Hypoluxo Ridge Lot 61) Commissioner Ferguson indicated he would be pulling C.6 for comment. VI.H. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $34,247.54 in the Sanitation Fund and by $17,445.50 in the General Fund. Commissioner Ensler acknowledged he would be pulling the item for comments at the meeting. VI.I. Approve the extension and renewal for the 2006-2007 Premium Year Property 8r. Casualty Insurance Program in the amount of $2,062,615. Commissioner Ensler indicated he wanted to better understand the status of the City being self- insured and the use of the $729,000. Chuck Magazine, Risk Manager, explained the self-insurance is only on the liability side up to the first $100,000/$200,000 based on State statute. The property insurance is purchased with appropriate deductibles. The $729,000 figure compensates for a shortfall in the budgeted amount based on the increase in the property insurance by 210%. All other insurance had increased by only 4%. Mr. Bressner advised there was a reserve in the Risk Management fund to cover the increase for any loss experienced. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, FL September 15, 2006 VI.P. Approve the use of $2,500 from Commissioner Ensler's Community Investment Fund to purchase a base for the monument donated by Commissioner Ensler at the American Legion Hall Post 164, 571 W. Ocean Avenue, Boynton Beach. Commissioner Ensler suggested a change in the wording to read, "Approve the use of $2,500 from Commissioner Ensler's Investment Fund towards the construction of a base for the monument donated by Commissioner Ensler on the City traffic circle across from the American Legion Hall Post 164, 571 W. Ocean Avenue Boynton Beach." VIII. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Description: 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 (Applicant requests withdrawal of item for public hearing until October 3, 2006). 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 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 (Applicant requests withdrawal of item for public hearing until October 3, 2006). Commissioner Ensler requested color pictorials of both projects. Mike Rumpf, Director of Planning and Zoning, explained the elevations were being revised and if approved would have to be added to the Conditions of Approval. X. FUTURE AGENDA ITEMS: Mr. Bressner suggested adding the Heritage Festival update. He also asked if there was consensus to continue the Future Agenda Items until after the election. Commissioner McCray did not feel it was necessary. XII.C.1 Proposed Ordinance No. 06- revisions to the Boynton Beach 2004 Florida Building Code. Re: Adopting proposed Administrative Amendments to the 5 Meeting Minutes Agenda Preview Conference Boynton Beach, FL September 15, 2006 Mr. Bressner asked the item be tabled so he could review the amendments and the source of the need for the changes, some being more rigorous than the State Building Code. Commissioner Ensler suggested the changes be outlined in a summary form for a better understanding of the impact on the development community. XII.C.2 Proposed Ordinance No. 06-078 Re: Establishing a policy for naming City facilities within the City of Boynton Beach, providing for the appointment of a committee to act in an advisory role to the City Commission on the naming of City facilities. Commissioner McCray asked if the advisory committee would be appointed by the City Commission and Mr. Bressner replied yes. XII.C.3. Proposed Ordinance No. 06-079 Article II, Division 4 to amend Retirement" to clarify the intent supplemental benefit (13th check). Re: Amending Chapter 18, Section 18-111 entitled "Normal with respect to issuance of a Commissioner Ensler asked who had initiated the request. Mr. Bressner advised the Employees' Pension Board had done so to clarify when the 13th check would be paid. It would be based on the actuarial analysis not the investment earnings, a more conservative approach. Attorney Cherof clarified the State regulation is the basis should be a cumulative experience consideration. Mr. Bressner agreed to verify the Police and Fire Pension Funds are already in compliance and do not issue a 13th check. XII.C.4. Proposed Ordinance No. 06-080 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 contracts; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals. Commissioner Ensler questioned why $42,000 would be needed to run the program. Bobby Jenkins, Assistant Director of Finance, indicated there would not be any additional staff required and monies were to cover start up costs for a needs assessment, consultant fees, computer software and training. Mayor Taylor announced to the Commission at 11 a.m. there would be the unveiling of the MIA/POW signs. There being no further business to come before the Commission, the meeting adjourned at 10:43 a.m. 6 Meeting Minutes Agenda Preview Conference Boynton Beach, FL September 15, 2006 CITY OF BOYNTON BEACH 'tn. p~ ~e~ Commissioner - Muir ATTEST: J . h A. Pyle puty City Cler (9120/06) 7