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Minutes 09-07-99
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 7, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager Jim Cherof, City Attorney Janet Prainito, Deputy City Clerk ABSENT Henderson Tillman, Vice Mayor I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation - Dr. Randy Gill - First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Gerald Broening Mayor Broening called the meeting to order at 6:34 p.m. Dr. Randy Gill gave the invocation, which was followed by the Pledge of Allegiance to the Flag led by Mayor Broening. D. Agenda Approval: .1. Additions, Deletions, Corrections Attorney Cherof requested the addition of Item D.3.d under Legal, "Litigation Report Regarding the Marina Project". Interim City Manager Hawkins requested the deletion from the agenda of Item C.7, Proposed Resolution R99-117. Commissioner Weiland requested the addition of Item X. B under New Business, "Discussion of having an internal audit of the City to be conducted by an outside firm that does not have any ties to the City". Mayor Broening requested the addition of the words "and possible resolution" to be added at the end of Item XII.A, City Manager Search Workshop (discussion). MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 2. Adoption Commissioner Denahan moved to approve the agenda, as amended. Motion seconded by Commissioner Weiland that carried unanimously. II. ADMINISTRATIVE: Ao Accept resignation of G. David Fellows, Regular Member of the Education Advisory Board Mayor Broening noted that Mr. Fellows has been a great advocate of educational issues in the City of Boynton Beach and he will be missed. Motion Commissioner Denahan moved to accept the resignation of G. David Fellows as a Regular Member of the Education Advisory Board. Motion seconded by Commissioner Weiland that carried unanimously Consideration regarding cancellation of CRA Meeting currently scheduled for Wednesday, September 15th (~ 6:30 p.m. Mayor Broening asked for a motion to change the date for the CRA Meeting from Wednesday, September 15th to Thursday, September 9th at 6:30 p.m. Motion Commissioner Denahan moved to approve the change of date for the CRA Meeting to Thursday, September 9th. Motion seconded by Commissioner Weiland that carried unanimously C. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date ! Weiland Children & Youth Advisory Board Alt 1 yr term to 4/00 T]' Denahan Children & Youth Advisory Board Stu/NonVoting1 yr term to 4/00 !!T Sherman Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 ]'V Tillman Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 IVlayorBroening Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 ! Weiland Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 T! Denahan Code Compliance Board Reg 3 yr term to 9/02 !!:[ Sherman Code Compliance Board Reg 3 yr term to 9/02 :IV Tillman Code Compliance Alt 1 yr term to 9/00 2 · I~iEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Mayor Broening Community Relations Board Alt I yr term to 4/00 ! Broening Community Relations Board Reg 3 yr term to 4/00 T Weiland Golf Course Advisory Committee City Alt 5 yr term to 6/01 :IV Tillman Education Advisory Board Reg 2 yr term to 4/01 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/01 Mayor Broening Recreation & Parks Board Alt 1 yr term to 4/00 Mayor Broening Firefighters' Pension Board Reg 2 yr term to 4/00 Tabled(2) Commissioner Denahan moved to reappoint Chris DeLiso to the Code Compliance Board and thanked him for his valuable service. Mayor Pro Tem Sherman moved to appoint Aaron Rinker as a Regular Member of the Code Compliance Board. All other appointments were tabled. Motion Commissioner Denahan moved to approve the appointments as stated and to table the remaining appointments. Motion seconded by Mayor Pro Tem Sherman that carried unanimously. II1. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Mayor Broening made the following announcements: 1. CRA Meeting - Thursday, September 9th @ 6:30 p.m. in Commission Chambers Budget Public Hearing - Monday, September 13th @ 6:00 p.m. in Commission Chambers Neighborhood Summit Meeting - Monday, September 13th @ 7:00 p.m. in the Library Program Room B. Presentations: 1. Proclamations: a. Literacy Awareness Month - September, 1999 'MEETING MINUTES ' REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Mayor Broening read the Proclamation declaring September 1999 as Literacy Awareness Month in the City of Boynton Beach. Presentation of Certificates of Completion of instruction at the Institute for Elected Municipal Officials to Mayor Gerald Broening, Mayor Pro Tem William Sherman and Commissioners Ron Weiland, Nellie Denahan. Interim City Manager Hawkins stated that the Florida State University, Florida Institute of Government offers elected municipal officials a place to go and be trained on how to be effective, elected officials and this Commission has completed the required course work from the Institute. Mr. Hawkins read the Certificate of Completion and presented Certificates to Mayor Broening, Mayor Pro Tem Sherman and Commissioner Weiland. Mr. Hawkins reported that Commissioner Denahan not only completed the basic course, but also completed the advance course and is the recipient of two Certificates for both courses. Each Commissioner and the Mayor thanked the City for affording them the opportunity to enroll in these courses. 3. Senior Center Presentation Mr. Hawkins requested that Ms. Melody Green and Ms. Carolyn Sims take the podium. Ms. Green stated that the grand opening for the Senior Center is scheduled for Tuesday, October 5th from 2:00 p.m. to 4:00 p.m. Ms. Green introduced Ms. Carolyn Sims, Recreation Program Director and Steve Lulkin. Ms. Sims said she was the supervisor for the new Senior Center and is excited to be opening a new facility like the Senior Center. Ms. Sims, on behalf of Leisure Services Department and the Senior Advisory Board, invited everyone to celebrate the grand opening. Refreshments will be served and a tour of the facility will take place. Flyers will also be available. A ribbon cutting ceremony will take place along with entertainment. Ms. Sims complimented Mr. Lulkin on the wonderful job that he has done. Mr. Lulkin stated there will be a great many programs offered at the Senior Center, including social service and recreational programs, as well as fitness and health programs and is looking forward to everyone enjoying the new Senior Center. Mr. Hawkins thanked the entire staff, members of the Senior Advisory Board and noted it will be a great-added facility to City services. Presentation regarding the Creation of the Youth Council - Melody Green, Recreation Superintendent & Steve Waldman, Advisory Board on Children & Youth 'MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Ms. Green said that she was the City Liaison for the Children and Youth Advisory Board and is very excited that the Youth Council has been developed. She thanked Steve Waldman and the Children and Youth Advisory Board for their hard work and they deserve the credit for the formation of the Youth Council. Mr. Waldman took the podium and introduced Ms. Heidi DeVries, the Vice President of the Youth Council. Since the formation of Visions 20/20 there have been recommendations for funding a Youth Council in Boynton Beach. Mr. Waldman thanked the City Commission, the Advisory Board for Children and Youth, the Education Advisory Board and the Delray Youth Council for their support and assistance. Mr. Waldman stated the officers of the Youth Council were as follows: Co-Presidents: Jessie Henley and Ryan Johnson First Vice President: Heidi DeVries Second Vice President: James McGuinnes Secretary: Amy DeVries Treasurer: Aly Gore Sergeant-at-Arms: Ryan Foley Alternate Sergeant-at-Arms: Josh Denahan Chaplain and Public Information Officer: Jessica Cantor Ms. Heidi DeVries said she is excited about becoming part of the City and informed the Commission and audience of the upcoming projects of the Youth Council. Ms. DeVries stated that their meetings are on Monday evenings at 6:30 p.m. at the Madsen Center and asked all Commissioners and residents to join them at their meetings. Mr. Waldman had all the members of the Youth Council stand to present themselves to the Commission. Presentation of Certificates of Appreciation for Dunk Tank participation in celebration of National Recreation and Parks Month (July 1999) Ms. Meg Hooper, Special Events Manager for Leisure Services took the podium and introduced Ms. Sharon Golden, the Civic Center Director. Ms. Hooper said that on July 21st the Department held their City Employee Celebration for National Recreation and Parks Month, which takes place every year during July. To celebrate, a "Dunk the Boss Day" was held and there were 18 volunteers from the City who participated. $301.00 was raised for the Teen Club and Certificates of Appreciation were presented to the following partici 3ants: Mayor Gerald Broening Commissioner Nellie Denahan Commissioner Ron Weiland 'MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 IV. Police Chief Marshall Gage Fire Chief Bill Bingham Nancy Byrne, Acting Director of Development Bill DeBeck, Facilities Management Supervisor Melody Green, Recreation Superintendent John Guidry, Utilities Director Wilfred Hawkins, Interim City Manager Pat Hughes, ITS Manager Arthur Lee, Human Resources Manager Chuck Magazine, Risk Manager Hugh McCaffrey, Communication Manager Diane Reese, Finance Director Larry Roberts, Engineering Department Dale Sugerman, Assistant City Manager John Wildner, Parks Superintendent CONSENT AGENDA: A. Minutes: Bo 2. 3. 4. Special City Commission Meeting of August 9, 1999 Special City Commission Meeting of August 11, 1999 Regular City Commission Meeting of August 17, 1999 Joint City Commission/Planning & Development Board Workshop Meeting of August 24, 1999 Bids - Recommend Approval- All expenditures are approved in the 1998- 99 Adopted Budget Approve a furniture purchase for the new/renovated Utility Administration (Operations/Technical Services) Building from various vendors utilizing Florida State Contracts #425-001-97-1 and $420-660-96-1, GSA Contract #GS29F-0020J, and Metro-Dade Contract #1072-1/00 in the amount of $125,439.70 Award the bid for "ANNUAL SUPPLY OF SULFURIC ACID" to HCI Industrial Chemicals in the amount of $107,460 Resolutions: Proposed Resolution No. R99-111 Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and The U.S. Department of Justice Office to accept a grant in the amount of $122,345 6 'MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, '1999 Proposed Resolution No. R99-112 Re: Approving updated Library Long-Range Plan for 1999-2002 the Proposed Resolution No. R99-113 Re: Authorizing the Mayor and City Clerk to execute a grant agreement between the City and the Florida Department of State, 1999-2000 Cultural Facilities Program Grant (No. 2K-9025) in the amount of $94,552 providing for the construction of an amphitheater and two outdoor handicapped equipped restrooms on the site of the 1913 Schoolhouse Museum Proposed Resolution No. R99-114 Re: Accept Letter of Credit Number BA-409 from BankAtlantic in the amount of $566,400 as surety for construction of the water and sanitary sewer systems for the project known as Lester PUD Proposed Resolution No. R99-115 Re: Confirming the appointment of Lusia Dende as Senior Planner of the City of Boynton Beach, Florida and authorizing the City Manager to execute an appointment contract on behalf of the City Proposed Resolution No. R99-116 Re: Authorizing and directing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Town of Briny Breezes for emergency medical services to the Town of Briny Breezes by the City of Boynton Beach Proposed Resolution No. R99-117 Re: Confirming the appointment of C. Larry Roberts as Civil Engineer of the City of Boynton Beach, Florida and authorizing the City Manager to execute an appointment contract on behalf of the City with C. Larry Roberts At the request of Interim City Manager Hawkins, Item C.7 was deleted from the Agenda. Proposed Resolution No. R99-118 Re: Approving and supporting the renaming of "The Boynton Beach Municipal Golf Course" to "The Links at Boynton Beach" D. Ratification of Planning & Development Board Action: Gevas North American Headquarters (Quantum Park - Lot 51-D) - Request new site plan approval to construct a 10,022 foot industrial building on 1.80 acres 'MEETING MINUTES ' REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Quantum Park PID - Request to amend the list of permitted uses for the Quantum Park PID to add Meeting Facilities for the Boynton Masonic Lodge on lots designated "Office" Approve purchase of upgrade options to existing imaging software and services from R&S Integrated Products for the Department of Development and city-wide use in the amount of $98,479 F. Approval of Bills Motion Commissioner Denahan moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner Weiland, which carried unanimously. V. CITY MANAGER'S REPORT: A. Architecture for Excellence Presentation by the Executive Leadership Team (EXCL) Mr. Hawkins reported that for the past year the City of Boynton Beach has undertaken a citywide employee development program for all City employees. To date, over 50 teams have been trained in Architecture for Excellence ("AFE"). Many of these teams have met with phenomenal success, which have resulted in cost-saving measures to the City, as well as increasing productivity. Tonight's presentation will show the successes of the Program and the current status of AFE. Mr. Hawkins introduced Mr. Dale Sugerman, Assistant City Manager. The entire Architecture of Excellence Presentation as presented this evening is attached to and made a part of the minutes. Mr. Sugerman gave a history of how the City was operating in 1995 and noted the City was working on many, many projects. Because of this, the City in 1996 went to the Community and asked the Community to help define the City, by initiating the American Assembly Process. A little over 100 community leaders participated in a 3-day retreat. This retreat resulted in the creation of Vision 20/20 and the next two years were spent refining the Vision 20/20. A desire to be a great City came out of Vision 20/20, but the senior staff was not sure on how to accomplish this, as well as motivating the City staff and where can help be found. Mr. Sugerman stated that a great many resources were looked at and asked Mr. Arthur Lee, the City's Human Resource Manager to explain how the resources were connected. 'MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Mr. Lee said they were looking for a system that could mold the entire labor force together and different types of training were explored. Boynton Beach wanted a system that would pull the employees and management together and a system that would encompass the Vision 20/20 concept, which is to become a world-class City. None of this could happen without the employees' participation. It was determined one-day training courses wouldn't work. At this point, Architecture for Excellence was brought in. Mr. Lee explained the theory behind AFE and its expected outcomes. This was brought in to change the culture and thinking of the ways the City had been transacting business. Mr. Sugerman confirmed that AFE provided the best value compared to other available resources. The AFE methodology provides for the integration of people, organizations and strategies and delivered results: AFE is intended to bridge the gap between people and the organizational structure. AFE provides for teams to manage their businesses. Mr. Sugerman presented the salient points of AFE and pointed out its expected outcomes. AFE had already achieved a significant amount of corporate awards before coming to Boynton Beach. Therefore, the City made the commitment to try AFE. AFE began at the top of the organization and four leaders were identified and workshops began. From this, the Executive Leadership Team (EXCL) was formed. A commitment, with the endorsement of the Commission, to spend $30,000 was made to train the EXCL Team and senior management staff. From that training, the vision to make Boynton Beach a world-class City evolved. The mission is to set the standard in the delivery of superior services to the community. Core values were established to filter the decision making process. Five specific strategies related to Visions 20~20 were developed as follows: · Community Involvement · Economic Development · Environment · Organizational Excellence · Urban Character AFE is a team-based management system and teams have been formed all over the City. Tonight there will be presentations from various leadership teams and business area teams. The business area teams actually run the day-to-day business. Also, on an as needed basis, special project teams are formed to focus on a specific business objective. AFE is about people taking ownership and responsibility. Mr. Sugerman introduced Police Chief Marshall Gage. Chief Gage stated that the senior management team first started off on the wrong foot and thought they could take AFE and it would just filter down to other employees. The EXCL Team thought they could teach everyone else to make AFE work. However, by the end of the training, the EXCL Team knew this was not the right direction to take. It 'MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 was determined that all employees needed AFE training by a qualified trainer. Chief Gage stated that the former City Manager made an error by not coming back to the Commission to inform them that more training is needed and more money will have to be spent. The City Manager said money could be taken out each Department's' budget for training. This was not a team action and as a team we failed in this regard. The EXCL team recognized the training and skills of the AFE staff and realized they were the right "coaches" for the training. Mr. Sugerman introduced Fire Chief Bingham to speak further on AFE. Fire Chief Bingham pointed out the difference between working in a group and working in a team. There is a significant difference in what happens in a group and working in a team concept, where everybody is heading in the same direction and all focused on the same mission. This produces a tremendous outcome, which in turn produces a sense of ownership. Fire Chief Bingham explained that the AFE staff used a discovery process known as the Myers-Briggs Indicator Type. Chief Bingham explained how the Myers-Briggs Indicator Type helps people discover the values, strengths, differences and similarities of team members. Chief Bingham noted there are a number of advantages in using this type of discovery process. Chief Bingham introduced Ms. Melody Green and the Players' Leadership Team. Ms. Green stated she was team leader of the Players' Team, which is an acronym for "Professionals in leisure assuring you excellent recreation services". Team members introduced themselves as follows: Meg Hooper, Sharon Golden, Sherri Claude, George Evans, Carolyn Sims and Wally Majors. Each team and each member of a team that was introduced this evening gave a presentation on the successes of their AFE team training and the positive affect it has had upon their work values. The Players' Team presented the different definitions of the Myers-Briggs personality types. Ms. Green stated that the Myers-Briggs Type Indicator is a thought-provoking and valuable tool that is used to achieve significant inter-personal and goal oriented results. Ms. Nancy Byrne, Interim Development Director was next introduced. Ms. Byrne stated that the training has helped their team to provide better customer service by improving communication, understanding and ownership, as well as learning to make a commitment to the team. The next team introduced was the Cutting Edge BAT Team from the Boynton Beach Municipal Golf Course. Team members are G. Tony Richburg, Tony Rivelli and Eric Odom. Team members spoke about the change in attitude, feelings of ownership for the l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Golf Course and what "shark free" water means to them. The Mission Statement for the Cutting Edge BAT Team is "to provide a world-class municipal golfing experience". Mayor Pro Tem Sherman asked Mr. Sugerman to suspend the presentations at this point. Mayor Broening said that the presentations are important and Mayor Pro Tem Sherman should be patient with the presentations. Mr. Sugerman said the onus falls on him and took full responsibility for the length of the presentations. Mr. Sugerman informed Mayor Pro Tem Sherman that he had promised the former City Commission a full explanation of AFE training and would provide an explanation for the costs. Mr. Sugerman said he was asked by the prior Commission to have the presentation ready by the summer of 1999. However, it has taken him a little longer than anticipated. Mr. Sugerman said he promised to present a full disclosure of the AFE training and costs. Mayor Pro Tem Sherman told Mr. Sugerman that he had been promised the figures for the overtime costs for AFE and Mr. Sugerman said they were available. Mr. Hawkins distributed the figures to the Commissioners. (Mayor Pro Tem Sherman stated he accepted Mr. Sugerman's explanation for the longevity of the presentation.) The next team introduced was the Knuckle Busters represented by Vestiguarne Pierre who spoke about how the tem improved and reduced their time to repair vehicles. Their mission was to operate a world-class garage and to provide world-class customer service. The team now leaves business cards in the vehicles that they repair with the team member's name on the card. The Permeators' Business Area Team that operates the West Water Treatment Plant spoke next. The members of the team were Dave Ailstock, Gene Ruffulo and Allen Galloway. Mr. Ailstock presented the definition of permeating and explained that membranes are used to mechanically salt the water and the water that comes from these membranes is called permeating. The unit itself is called a permeator. Mr. Ailstock presented the improvements that they made as a result of their AFE training. An outside contractor that had provided the janitorial service at the plant was eliminated and staff now provides the cleaning themselves. Other cost-cutting and timesaving methods that were implemented at the West Water Treatment Plant were presented. Cost savings at the Plant were $24,000 in yearly electrical costs, two different chemical cost savings were made of $32,120 and $61,850 per year. Total yearly savings came to $123,978 to the City. This concluded the team presentations. Mr. Sugerman next spoke about high performance teams that achieve the highest levels of quality, productivity, customer satisfaction and employee satisfaction. As far as the costs for training, Mr. Sugerman pointed out that corporate America spends about 2% of their annual budget on employee development. The City of Boynton Beach has only ]] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 spent .425% of the City budget on the AFE training, which is less than one-half of one- percent. From July of 1999 the City has spent $368,464. Mayor Pro Tem Sherman stated the report was incomplete. In summary, over the 15-month period there has been a cash savings of $132,305 annually and an additional $178,213 in avoided annual cost savings, for a total savings in the first 15 months of $310,518. Benefits of AFE training resulted in cost savings and has reduced or avoided costs throughout the City. Services have been added and customer service has been improved. Absenteeism, terminations, disciplinary actions and employee grievances have been reduced. City goals are inclusion on the Governor's Sterling Award List and a recipient of the All American City Award. Mr. Sugerman pointed out that AFE training is the methodology for changing an organizational culture from mediocrity to high performance. In summary, Mr. Hawkins stated that the City is on its way to becoming world-class and reviewed the salient points of the presentation that had been reviewed by Mr. Sugerman. Boynton Beach is a cutting edge City and people are beginning to look to Boynton Beach as an example. AFE is an educational learning process for a more effective way to do business into the next millenium. Mr. Hawkins thanked all the team members for their participation this evening and the EXCL Leadership Team for their commitment to the City. Mayor Pro Tem Sherman inquired when the issue of the expense for the AFE Program could be discussed. Mayor Broening stated this would be done at the next budget meeting. Mayor Pro Tem Sherman said he had asked for overtime costs by each Department individually. Mr. Hawkins said he would provide this requested information. Mr. Hawkins stated he believed the information in the report was accurate. Commissioner Weiland said that tonight's presentation was only the pros and positives on the program and he would like to hear people speak on the negative aspect, if there is one. Commissioner Weiland would also like to hear from employees who are not in favor of the program and requested a report on the downside of the program be provided. Mr. Hawkins said if Commissioner Weiland would provide what he would like to see, they would be pleased to provide this information. Commissioner Weiland said he has spoken to employees who were for and against the program. Mayor Pro Tem Sherman requested that at the next Commission meeting people who are not in favor of AFE be allowed to speak and invited all those who wished to speak to come forward. Mayor Pro Tem Sherman requested that this be placed on the next agenda. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 VI. PUBLIC AUDIENCE: Joan Mormelo, 8054 Ambach Way, Hypoluxo, Florida said she is an organizer and a Business Agent for the National Conference Firemen and Oilers SEIU, Local 1227 and was present to speak on behalf of 337 blue and white collar City employees that the Union represents. Ms. Mormelo said the Union has concerns about psychological testing (Myers-Briggs Type Indicator) and is concerned about the ethical standards that mandate voluntary testing, the workers' rights to consent and their rights to confidentiality. Ms. Mormelo said in order to create a more legitimate program the City must involve the workers and the Union representatives at its inception. The City implemented the AFE and it involves terms and conditions of employment without notice to the Union. Management has just begun to allow the Union to become involved, but there is a long way to go. Ms. Mormelo said that only the positive was presented tonight and requested that the City allow everyone to be heard. Bill Schmalz, read a letter to the Commissioners regarding the addition of fluoride to the City's drinking water. Mr. Schmalz asked why the City does not add fluoride to its water. Mr. Sugerman replied that the City does not fluoridate the water, but there is fluoride in the water naturally, which is less than the recommended amount. Mr. Sugerman was under the impression that back in 1984/1985 there was a non-binding referendum and the vote was to continue to not fluoridate the water. Mr. Sugerman pointed that most of the United States fluoridates their local water system, but for some reason the State of Florida does not follow that practice. Mr. Sugerman was not sure of the reasoning for this. Shirley Jaskiewicz, 1917 SW 13th Avenue, Boynton Beach said that the Visions 20/20 group was initiated by former Mayor Jerry Taylor. Former Vice Mayor Jaskiewicz commended the Children and Youth Advisory Council for forming the Youth Council. Former Vice Mayor Jaskiewicz said she was very upset regarding the newspaper articles on the Senior Center, which is one of the most exciting things to happen to Boynton Beach. Ten years ago former Mayor Arline Wiener formed the Senior Advisory Board and other boards because seniors know the needs of seniors. The reports are demeaning to the Senior Advisory Board. Former Vice Mayor Jaskiewicz commented that there was a presentation this evening on the Senior Center and no seniors were notified. The Senior Advisory Board should have been invited because they have worked for 10 years to achieve this goal. The only difference remaining between the Recreation Department and Senior Advisory Board is a philosophical difference, not a personality conflict. The only way to get funding is for the Senior Center to conform to the Older American Act, which must be followed. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Former Vice Mayor Jaskiewicz takes offense to the expert who writes every week in the Boynton Times, even though he doesn't participate in anything, who alluded that seniors who have the availability of a clubhouse don't need senior services. Many seniors have problems that come with aging which need to be addressed. Over 50% of the City's population are seniors and stated these seniors should not be demeaned. Ms. Betty Collins, the Chairman of the Senior Advisory Board, has expertise in this area and the Board is not being credited for the work that they have done. Tina Smith, 15 Velaire Drive, Boynton Beach presented photos of her property, which abuts a City-maintained canal to the Commissioners. Ms. Smith said that she has requested on a great many occasions that something be done about this canal and has spoken with the John Wildner the Park's Director, who informed her that the City has a $7,000 contract to maintain the canals in Boynton. Ms. Smith said the contractor informed her that he couldn't get his boat in the canal to fix it. Ms. Smith said this has been going on for two years and wants something done about it and said she pays $500 a year in property taxes to maintain the canals. Ms. Smith said when the City used to maintain the canal it was beautiful. The smell now from the rotting weeds is disgusting and she cannot sit outside in her yard. Mr. Hawkins responded that the City is doing everything it can and that there is no simple solution. Mr. Hawkins said he and Mr. Wildner would be going out to the property with the contractor to view the canal and to come up with solutions to eliminate these problems. Mr. John Wildner, Park's Superintendent, took the podium and stated the City maintains very few canals within the City. The South Florida Water Management District maintains most canals. The City only maintains canals in three areas of the City and most of these canals were not dug for drainage purposes, but to create more land to keep the areas dry. The canals have deteriorated and the City has contracted for a service to treat the canals for aquatic weed control. Mr. Wildner said the City now has a new contractor who has been on site and will be placing sonar pellets in the canals this weekend. The pellets take approximately 30 to 90 days to become effective. Mayor Pro Tem Sherman asked if there were sufficient funds in this year's budget to address this problem. Mr. Wildner said that money has not been a problem, but there are other factors involved. Commissioner Weiland asked Mr. Wildner if he felt the pellets would be effective or should the canal be dredged instead of pellet controlled. Mr. Wildner said they would like to wait to see the results of the sonar and once the results are known, further action could then be determined, if necessary. Mr. Wildner said that if the canal is dredged the problem of what to do with the dredged material arises. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 With regard to all the citizens who spoke during Public Audience and who were in favor of hiring Interim City Manager Wilfred Hawkins as the permanent City Manager, their statements have been minimized. A brief synopsis of each resident who spoke is below. Sam Kendrick, 181 NE 19th Avenue, Boynton Beach, said 70 candidates were evaluated and a final four were selected. Of the final four, Mr. Hawkins came in first, Mr. Stunson came in second and Mr. Smith third. Mr. Kendrick said because no one was selected would the City go through the same process again. Mayor Broening said this will be discussed further during the meeting and could not answer this question at this point. Mr. Kendrick questioned if the process were set in place, why it was not adhered to in order to select the City Manager. Mayor Broening pointed out that the minutes of the previous meetings would reveal the process and the procedures that were followed. Mayor Broening stated that the process had been altered somewhat during the course of the deliberation and this has raised some concerns and will be discussed. Mr. Kendrick inquired if the City Manager should be elected by the outcome of the process or by a majority vote and Mayor Broening stated by majority vote. Mayor Broening said the instruments were really a guideline. Mr. Kendrick asked what constituted a majority vote and Mayor Broening said that the vote must be at least 4 to 1 to elect a City Manager. Henrietta Solomon, 230 NE 25th Avenue, Boynton Beach informed the Commissioners that a class-action suit will be forthcoming regarding the Intracoastal Park site. Ms. Solomon said the property was bought with public money and in her opinion the people should have their say. Ms. Solomon said she would like to see an end to all the bickering that has been created and this is our City and the citizens have rights. Susan Booker, legislative aide to Rep. Ed Healey said she was present tonight because she thought the intracoastal Park issue was on tonight's agenda. Rep. Healey asked Ms. Booker to convey to the Commissioners that they are elected officials and empowered by the public. Rep. Healey would like the Commissioners to listen to their constituents and would like the park issue to go back to referendum in order that the people can be heard. Sunny Garcia, felt the City is wasting its money looking for a City Manager and that Wilfred Hawkins has been doing a great job as Interim City Manager. Mr. Hawkins knows what is happening in the City and the other candidates don't know what is happening. Mr. Garcia said Mr. Hawkins scored higher than any other candidates without a degree. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Terrence Pereira, 161 NE 19th Avenue Boynton Beach did not think the City could be a world-class City without making a world-class decision, which is hiring the City Manager. Mr. Periera said that the City needs to play by the rules. Mr. Periera said that Mr. Hawkins has played by the rules and now that he is the winner some people are crying "foul" and that he scored higher than other people who were more qualified. Mr. Pereira said that not appointing Mr. Hawkins as City Manager would be a grave injustice to the City. Sara Williams, 1331 SW 27th Avenue, Boynton Beach said she is the facilitator of the Boynton Beach Community Forum and said there has been an unfairness in the hiring of a City Manager. Ms. Williams asked everyone in the audience who was present tonight that were concerned about this unfairness to stand up and be counted. Ms. Williams said there is a pattern in this City of discrimination against the wrong kind of person who emerges on top. Ms. Williams stated that Mr. Hawkins first came upon the scene to heal a broken community that was racially torn because of police brutality charges and felt Mr. Hawkins is himself the target of discrimination. Ms. Williams said these same scenarios have occurred in the past in Boynton Beach. Mr. Hawkins deserves an evaluation by the employees and if the evaluation measures up, he should be given some respect because he has already been doing the job. Ms. Judy Faulise, 2001 SW 13th Avenue, Boynton Beach said she voted for the Intracoastal Park and paid for it with her taxes and the voters decision should be respected. Ms, Estella Jones, 1015 NW 3RD Street, Boynton Beach said that the progress of Visions 20/20 will be stopped if the City gets involved in racism and will be going back to square one. Ms. Jones pleaded with the Commissioners to consider the message they were sending out in not appointing Mr. Hawkins as City Manager. Mike Bottcher from the Boynton Beach Chamber of Commerce asked that when the Commission considers the new CRA/Development position, as well as the City Manager's position, they would like the CRA development strategies that were presented on March 12th by Wilfred Hawkins to be reviewed at that time. Mr. Bottcher would like to see the CRA become an entirely appointed Board with a professional staff and would be glad to assist in any way they can. Mr. Bottcher applauded the developer/contractor roundtable that took place last Tuesday and commended Ms. Byrne and her staff. These meetings send a positive message to the construction community. Jerry Taylor, 1086 SW 26th Avenue, Boynton Beach complimented the Golf Course management and staff for the positive article that appeared in the Palm Beach Post today. Former Mayor Taylor said he enjoyed listening to the employees and the EXCL team express their pride in the job they are doing in performing their work for the City. Former Mayor Taylor said that when the program was brought in it was only to train the ]6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 top management, but realizing the value of the program decided to have the entire workforce participate in the AFE. Former Mayor Taylor said it is management's responsibility to train their employees and noted that already $300,000 has been returned to the City through the AFE training. Herb Suss, asked if the police matter been settled and was informed that it has. Mr. Suss said the City spent $10,000 for a City Manager search and felt the money was thrown out and that Wilfred Hawkins is deserving on merit of the City Manager position. Mr. Suss said that the citizen's tonight demand that Mr. Hawkins be given this position and he doesn't want to spend any more money on another search. Mr. Suss said he felt let down by the members of the Commission that he voted for. Ms. Dorothy Walker, 707 NW 3rd Street, Boynton Beach read a letter to the Commissioners and audience that she had written to Commissioner Weiland regarding Mr. Hawkins. Ms. Walker pointed out that Mr. Hawkins has played a major role in the City working with all the City Managers who have come to rely on him. Ms. Walker said that Mr. Hawkins trained Ms. Kerry Willis and became her mouthpiece. Ms. Walker said that Mr. Hawkins deserves to be City Manager. Reverend Casey said that Mr. Hawkins has done an outstanding job as Interim City Manager. Reverend Casey said that Mr. Hawkins has been a role model to many of the youngsters in the community. Rev. Casey asked if the Blacks that have been living in Boynton Beach for so many years has been in vain. Rev. Casey said that because of their prayers the Commission is where they are today. Ann Centi, 13 C Southpath Lane, Boynton Beach commended Mr. Hawkins who is a scholar and a gentleman and noted that Mr. Hawkins has served the City for many years. Ms. Centi said that Wilfred Hawkins is the man to fill the City Manager's position. Mayor Broening called for a recess at 9:25 p.m. The meeting reconvened at 9:50 p.m. VII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None VIII. BIDS: None IX. DEVELOPMENT PLANS: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 None X. NEW BUSINESS: A. · City Commission Strategic Planning Sessions Mayor Broening advised that he wrote to the City Commissioners last week asking them for agreement to meet in a public workshop to plan for the remainder of this year and the upcoming fiscal year. Mayor Broening offered suggestions for discussion that included the development of a CRA property acquisition plan, hiring of a public affairs director and a Parks and Recreation Director, etc., and requested consensus from the Commission to move forward with this workshop meeting. He further recommended that a representative from Florida Atlantic University School of Government be requested to facilitate the meeting to ensure that the Commission stays on track. Commissioner Denahan supports the planning session and pointed out that the last time the City Commission came together in such a workshop meeting was when Carrie Parker was the City Manager. Commissioner Denahan questioned whether or not this workshop would be held in conjunction with the City Manager search workshop or after a new City Manager was selected. Mayor Broening felt it would be premature to set a date for the workshop meeting until staff has had an opportunity to investigate to determine an agreeable date. He pointed out that the Commission has a hectic ahead in September; therefore, he did not think this session could be arranged prior to the fall. Commissioner Weiland and Mayor Pro Tem Sherman were both in favor of participating in this workshop meeting. Mr. Hawkins said he would contact FAU to try to pinpoint dates for the meeting. B. Internal Audit Commissioner Weiland explained that in his capacity as an elected official, he is being asked to approve a $38 million budget. He would like to ensure that the budget funds have been appropriated properly in the past and will be appropriated properly in the future. Commissioner Weiland requested support from the Commissioners in asking an outside firm, without any vested interests in the City, to review all of the departments for the past three years to ensure that everything is in line and all funds are being appropriated properly. Commissioner Weiland emphasized that his suggestion was not an attack on the Finance Department. He has received a number of phone calls and letters and has been stopped in public places with requests from citizens to address certain items of concern. Although these items are currently hearsay, he feels it is the Commission's MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 responsibility to look into implementing this plan. Commissioner Weiland believes that an independent internal audit would assure residents that funds are being appropriated properly and put to rest the issue of whether things are being done in the proper fashion. Commissioner Denahan said she is not opposed to the idea of an However, because this item was "walked" onto the agenda, she did opportunity to give it any consideration. internal audit. not have an Commissioner Weiland said he contacted a number of different firms to determine the cost and time frame that would be involved. Each of the four firms he spoke with provided him with their perspective of how to go about accomplishing this task. Commissioner Weiland requested consensus to move forward. In response to Mayor Pro Tem Sherman, Mr. Hawkins advised that Ernst & Young is an independent firm that was hired through the RFP process years ago. Ernst & Young performs the audit that is required by the State of Florida. Mr. Hawkins questioned what role Ernst & Young would play in another agent auditing their audit. Mr. Hawkins felt Mr. Young should be given an opportunity to provide input since this would be an audit on top of an audit. Mayor Broening asked if we receive any ratings from the State or if there are semi- independent assessments of our financial situation. Mr. Hawkins said the purpose of the audit is to ensure the State that the City is solvent. If there are any irregularities, they flag the City and bring in an independent committee to run the City. Mr. Hawkins pointed out that if the Commission is not happy with Ernst & Young, we could bring in a new auditor. In response to Mayor Broening, Commissioner Weiland said he would like to look at how funds have been appropriated and used over the last three years. This will assure him that the City was on-line then and the City will be on line going forward. Mayor Broening said an auditor looks at "money in/money out". It is up to the Commission to discuss what staff brings forward and make a determination. Commissioner Weiland said some of the firms he spoke with call it a preview of the departments and others refer to it as an "agreed-upon preview". Commissioner Weiland wants more than what the State requires. He wants to look at individual departments. The cost estimates he received are between $25,000 and $50,000 and the time frame of 60-120 days would be involved depending on how well the department heads work with the auditors. Mayor Pro Tem Sherman is strongly in favor of conducting this audit. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 When Mayor Broening stated that he was looking for a reason to expend these funds because of some gross malfeasance. Nothing was obvious to him. Commissioner Weiland advised that one of the big issues that has popped up is the $30,000 expenditure for the Architecture for Excellence. He pointed out that everyone was led to believe that $30,000 was the cost of the program. That program ended up costing approximately $300,000. In order to approve the upcoming budget, Commissioner Weiland wants to make certain that everything that was done in the past has been right on line. Mayor Broening would not agree to an expenditure for this purpose until he has an understanding of what is currently being done. Commissioner Weiland said that if the City Manager or City Attorney could explain exactly what the State-mandated audit goes over, that might answer looking further into each department. Mayor Broening felt it was necessary for the Commissioners to understand the present process. If there is a concern following that explanation, the Commission could then move forward. Mr. Hawkins advised that Diane Reese, Finance Director, was not present at the meeting because she was out of town. However, he explained that the City receives an Annual Audit Report that is shared with the City Commission and the State. They do in- depth auditing. Staff does not know what the auditors are looking for. However, when they make a request for documentation, staff must provide that documentation. Ernst & Young does a very detailed audit according to accounting standards. The Government Finance Officers Association recognizes these audits and the City of Boynton Beach has won awards year after year for the way it does business. Mr. Hawkins would like to hear what Mr. Young has to offer about someone auditing his audit. Mr. Hawkins said the auditors even provide suggestions about processes and procedures to help us become more efficient. Mayor Broening requested that the Commission be given a briefing on the process. Mr. Hawkins offered to have Ms. Reese go through the audit with the City Commission on September 13th prior to the budget hearing. Mr. Hawkins advised that the budget hearing would involve adjustments that the Commissioners would like prior to voting on actual budget expenditures. It is his opinion that the meeting would take between 30 and 40 minutes. Ms. Reese could review the audit process within a 20-minute period. The Commissioners will be provided with copies of the audit document prior to the meeting. Mr. Hawkins will invite Mr. Young to attend the meeting and address the Commission. Commissioner Weiland requested that this item be placed on the next Regular City Commission Meeting agenda for discussion and a vote. Mayor Pro Tem Sherman agreed with this request. Herb Suss said he would be appalled at an expenditure of $25,000 for an additional audit. He urged the Commissioners to do their homework. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Mayor Pro Tem Sherman explained that he would like to know from "ground zero" that he is being asked to function. That is the reason why Commissioner Weiland is making the request for this audit. At the present time, the Commissioners are studying the budget for Fiscal Year 1999/2000. This Commission does not know what happened within the last three years. Mayor Pro Tem Sherman feels this Commission has done a diligent job with this budget. However, they want to know if the facts that they are being given at this time are accurate based on the past three years.- Mayor Pro Tem Sherman is certain that the overtime figures that were provided to the Commissioners are inaccurate. Commissioner Weiland advised that the audits have been done by Ernst & Young on a year-to-year basis. He feels they may have a vested interest in doing the audit on a yeady basis. Commissioner Weiland would like an auditor who has not done any work for the City of Boynton Beach to perform the audit. Commissioner Weiland explained that his request is the direct result of suggestions of residents of this City. Mayor Pro Tem Sherman does not feel the expenditure would be too great because millions of dollars are involved. Mayor Broening confirmed that the City's budget is approximately $90 million including the Enterprise Funds. If an audit is authorized, it should include the Enterprise Funds. Mayor Broening feels Ernst & Young are a very reputable company that is paid to be objective and non-favorable. He would like an explanation of the process, and who is involved in the process and the City's ratings. Mayor Broening does not feel it is necessary to rush to a decision. Mr. Hawkins confirmed for Mayor Pro Tem Sherman that each audit contains a section called "Comments". Staff will pull the last three years' audits and provide copies to the Commissioners. Ernst & Young representatives will be present to provide input. Commissioner Weiland reiterated that there would be a briefing on Monday, September 13th at the Budget Hearing and this item will appear on the agenda for the September 21st City Commission meeting as an item for discussion and decision. XI. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O99-23 Re: Amending Land Development Regulations, Chapter 2 Zoning, Section 5, to include day care as a conditional use within the R-1AAA, R-1AAB, R-1AA, R-l-A, R-1 Zoning Districts 2] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Motion Attorney Cherof read Proposed Ordinance No. O99-23 by title only and announced the public hearing. There was no one present who wished to speak on this Ordinance. Commissioner Denahan moved to approve Proposed Ordinance No. O99-23 on second and final reading. Mayor Pro Tem Sherman seconded the motion. Deputy City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. O99-24 Re: Amending Land Development Regulations, Chapter 1. Article II by amending the definition of "Building Height"; by amending Chapter 2 Zoning, Section 4.F.1.; by amending Chapter 2 Zoning, Section 5, Residential District Regulations and use provisions. Subsections "A" through "E" (e.g. R-l-AAA, R-1-AAB, R-l-AA, R-l-A, and R-l), to increase the maximum height of a single-family home from 25 feet to 30 feet, amending Section 5., Subsection "F" (R-2) to increase the maximum height of a single-family dwelling from 25 feet to 30 feet Attorney Cherof read Proposed Ordinance No. O99-24 by title only and announced the public hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Weiland moved to approve Proposed Ordinance No. O99-24 on second and final reading. Commissioner Denahan seconded the motion. Deputy City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. O99-25 Re: Approving the abandonment of an alley located at SW 3rd Avenue, east of SW 8th Street, to allow for assembly with adjacent lots and development of single-family homes Attorney Cherof read Proposed Ordinance No. 099~25 by title only and announced the public hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-25 on second and final reading. Commissioner Weiland seconded the motion. Deputy City Clerk Prainito polled the vote. The vote was unanimous. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, '1999 B. Ordinances - 1st Reading Proposed Ordinance No. O99-26 Re: Amending Chapter 9, Article II, Section 9-19(C) of the City of Boynton Beach Code of Ordinances, by creating a new subsection (8) to provide a cap on the annual fire inspection fees Attorney Cherof read Proposed Ordinance No. O99-26 by title only. Motion Commissioner Denahan moved approval of Proposed Ordinance No. O99-26 on first reading. Commissioner Weiland seconded the motion. Deputy City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. O99-27 Re: Regarding the application of the American Legion of Boynton Beach (approximately 0.17- acres of land) amending Ordinance 91-70 to rezone a parcel of land from PU (Public Usage) to R-2 (Residential Duplex) Attorney Cherof read Proposed Ordinance No. O99-27 by title only. Motion Commissioner Denahan moved approval of Proposed Ordinance No. O99-27 on first reading. Commissioner Weiland seconded the motion. Deputy City Clerk Prainito polled the vote. The vote was unanimous. Proposed Ordinance No. O99-28 Re: Amending Chapter 18, Article IV, Pensions for Firefighters, Section 18.180 providing for a 3% multiplier Attorney Cherof read Proposed Ordinance No. O99-28 by title only. Motion Commissioner Weiland moved approval of Proposed Ordinance No. 099-28 on first reading. Commissioner Denahan seconded the motion. Deputy City Clerk Prainito polled the vote. The vote was unanimous. C. Resolutions: None 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 D. Other: Accept settlement agreement in the amount of $20,000 in the case of Everett Johnson v. City of Boynton Beach, et al Motion Commissioner Denahan moved approval. Commissioner Weiland seconded the motion that carded unanimously, 2. Ratification of Code Compliance Board action: Reduce the fine in Case #94-3177 (508 E. Boynton Beach Boulevard) from $85,050 plus $634.12 in administrative costs to $5,000 plus the administrative costs for a total of $5,634 Scott Blasie, Code Compliance Administrator, reported that the applicant (Mr. David Rustine, President of Heavens USA, Inc.) for Cases 94-3177 and 97-604 was present in the audience. Mr. Blasie advised that the Code Compliance Board unanimously voted to reduce this fine to $5,000 plus administrative costs for a total of $5,634. At the podium, Mr. David Rustine, reported that he is the owner of the property at 508 E. Boynton Beach Boulevard. Mr. Rustine advised that he purchased this property and a group of other properties where the title had transferred to Brandy Bail Bonds when the owner of the property was arrested. The State received all of the proceeds of the property sale. Mr. Rustine brought the property into compliance immediately following his purchase and asked for a lien reduction. Commissioner Weiland acknowledged that he had a brief discussion with Mr. Rustine during the Code Compliance Board meeting. He confirmed with Mr. Rustine that the purchaser was aware of the lien on the property at the time of purchase. Mr. Rustine said he talked with City staff and learned about the lien reduction process. Commissioner Weiland asked if the purchase price was reduced because there was an $85,000 lien on the property. Mr. Rustine said his purchase included other properties. Commissioner Weiland again asked if Mr. Rustine made a deal with the State to purchase the property at a lower cost because of the liens knowing that he would be able to get the lien reduced. Mr. Rustine said he bought the property subject to the liens in anticipation of having the liens reduced. When Mayor Broening asked how many properties were purchased, Mr. Rustine responded that there were three different deeds. Mr. Rustine said there were liens on the other properties also and he bought them with the notion that he could get the liens reduced. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Commissioner Weiland again asked if the three properties that were purchased were done so at a reduced price because of the liens. Commissioner Weiland pointed out that if the properties were purchased at the reduced price and the Commission further reduces the liens, this would be a bonus for the purchaser. Commissioner Weiland reconfirmed with Mr. Rustine that the property was brought into compliance and he may do more with the building in the future. However, Commissioner Weiland pointed out that that statement does not definitively clarify that Mr. Rustine will do more in the future. Mr. Rustine said the inside of the building has been gutted. Permits are needed to do anything with the exterior of the building. Mr. Rustine said he had renderings of his plans for the exterior of the building. The building on lot 202 is being improved. That building is immediately adjacent to City Hall. It needs a new roof installed in order to comply with Code an.d permit him to apply for a lien reduction. Mayor Broening asked Mr. Rustine if he paid the assessed value for the property. Mr. Rustine said he was not sure because the entire purchase was made in one group. He did not believe the purchase was broken out into individual buildings. Commissioner Denahan realizes that the Code Compliance Board works very hard and she appreciates their work. She has a problem with this request even though there was a unanimous decision on behalf of the Board. She cannot see a justifiable reason for reducing this fine. The applicant took a high risk when he purchased the property and is now expecting a high return. Commissioner Denahan said she rides by this property every day and has been offended by it and sees no justifiable reason to reduce the lien. Commissioner Denahan asked Attorney Cherof if there is a justifiable reason to reduce the lien. Attorney Cherof stated this property has a long history and the City Attorney's office has dealt with at least four attorneys in attempting to negotiate a reduction or elimination of the liens in advance of the sale that brings tonight's applicant before the Commission. They were told that the City was not interested in reducing the lien and this is all on record. Attorney Cherof did not believe anyone would purchase the property with the likelihood that the City would reduce the lien. The City Attorney's Office would recommend that the lien not be reduced. Attorney Cherof suggested another look could be taken at the property when the redevelopment of the area takes place. Mayor Broening did not think it is the City's intent to punish people when they bring property into compliance, but he too would like to know what the property cost. Attorney Cherof suggested the matter be tabled so that they could obtain the cost of the property. Attorney Cherof pointed out that the applicant's situation is unique in that he purchased the property with full knowledge of the liens and made a business decision to purchase the property. 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, '1999 Mr. Rustine pointed out that the liens were due to the landscaping not meeting the Code and are relatively minor infractions. Motion Commissioner Weiland moved to table Case #94-3177 (Item XI.D.2.a. on the Agenda). Commissioner Denahan seconded the motion that carried unanimously. Reduce the fine in Case #97-604 (508 E. Boynton Beach Boulevard) from $21,350 plus $634.12 in administrative costs to $1,000 plus administrative costs for a total of $1,634.12 Motion Commissioner Denahan moved to table Case #97-604 (Item XI.D.2.b. on the Agenda). Commissioner Weiland seconded the motion that carried unanimously. Reduction of fine of $1,326.18 denied in Case #98-3928 (1860 N. Seacrest Boulevard) Mr. Blasie said they received a written request from the applicant to table the lien reduction as he is out of town. Motion Commissioner Denahan moved to table Case #98-3928 (Item XI.D.2.c. on the Agenda). Commissioner Weiland seconded the motion that carried unanimously. d. Litigation Report Regarding the Marina Project Attorney Cherof reported that the owners of the Two George's Restaurant filed a lawsuit last week. The have initiated two separate legal actions; one is to appeal the development order and the second action is a petition under Chapter 163 which challenges the Commission's determination of consistency with the Comprehensive Plan. A letter has been received by Mr. Perry, the plaintiff's attorney, suggesting ways to resolve the matter. Attorney Cherof requested that on Thursday, at the conclusion or before the CRA Meeting, the Commission hold a closed-door Executive Session to discuss some of the aspects of the litigation. There was a consensus to hold the Executive Session after the CRA Meeting. A special notice will be posted tomorrow morning. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 XII. UNFINISHED BUSINESS: A. City Manager Search Workshop and Possible Resolution (Discussion) Mayor Broening asked the Commissioners if anyone had anything they would like to say on the subject. Mayor Broening said that the citizenry have spoken loud and clear this evening. Mayor Broening is hoping that some conclusion can be brought to the issue tonight or to set some kind of procedure. Commissioner Weiland reiterated what he has clearly stated in the past that he is looking to hire the most qualified candidate for this position. Commissioner Weiland said that the decision he made a couple of weeks ago is the right decision. Commissioner Denahan has concerns for a City Manager that has to work with a Commission that can't cooperate with each other. Commissioner Denahan would like some consensus building and discuss some items that she would like addressed at a workshop for a City Manager search. Commissioner Denahan said that each Commissioner should list the criteria that he or she would like the City Manager to possess. Also, the Commission must decide what to do with the previous 70 applications that have already been received. Thirdly, Commissioner Denahan feels that there needs to be a clearly delineated process with a specified time line. She would not like to have to start all over. Mayor Pro Tem Sherman felt strongly for all the people who spoke tonight who are concerned about the City and does not want this to go on any further and does not think it is fair to Mr. Hawkins or to the citizens of the City. Mayor Pro Tern Sherman said that a vote should be taken tonight to avoid any more agonizing over the issue. Mayor Broening said that no one should be ashamed of the Commission's selection process and that the two top people did come to the top. Mayor Broening did not feel that there was a need to look any further and it is the duty of this Commission to reach a consensus. Mayor Broening questioned whether the Commission could vote on this tonight. They could come to a consensus and have a Resolution presented at another meeting. Attorney Cherof said that the Code requires that the appointment of the Manager be by Resolution with four affirmative votes. Mayor Broening said he would feel uncomfortable voting on it tonight with one Commissioner absent. Mayor Broening said that compromise is the soul of politics and the Commission is faced with making a decision. Mayor Pro Tem Sherman noted that "and possible resolution" was added to the agenda this evening and asked how much longer the Commission wants to agonize over this 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 process. This has gone on and on and the vote always comes up 3 to 2. Mayor Pro Tem Sherman suggested that the Commission vote tonight and get it done. Commissioner Weiland was unsure if the Commission was any further along tonight than it had been at any other time and noted there is a CRA meeting Thursday night with a Special City Commission meeting and the Resolution could be put on that agenda. Commissioner Weiland was not sure where they were headed tonight. Mayor Broening said when he said "resolution" he did not mean in the form sense, but in the operative sense. Commissioner Denahan asked if any Commissioner has changed their mind and questioned if any of the Commissioners were prepared to make a compromise. Mayor Pre Tem Sherman suggested that the Commission agree to vote and call the roll. Attorney Cherof said the Board could reach a consensus for a compromise tonight. The formality of the appointment could not come tonight; however, the Commission could arrive at a name to insert into the Resolution and then the formality must follow. Attorney Cherof stated the vote would count, but the Resolution must be adopted at a future meeting. Mayor Pro Tem Sherman said that the people present tonight want an answer and just because Vice Mayor Tillman is not present tonight doesn't mean that they can't vote. Motion Commissioner Weiland moved to adopt a Resolution to approve John Stunson as the City's new City Manager. Motion seconded by Commissioner Denahan. Mayor Broening asked if anyone in the audience wished to address the Commission. Herb Suss said he was angry and fed up with this process and said the Commission is not doing their job. Mr. Suss said that the Commission is dividing the City. Commissioner Denahan responded that they are not running for re-election with every vote they cast and are working with their best judgment. Commissioner Denahan said that this Commission is working with the best interests of the entire City. Commissioner Weiland said that approximately 100 people are in the audience this evening and he does not constitute that as being the people of Boynton Beach. He noted that at least two Commissioners would like to appoint Mr. Stunson because he is the most qualified candidate for the job. Mr. Rosenstock called for a point of order. Mr. Rosenstock noted there is a motion on the floor with a second of the motion. There has been discussion on the motion and 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 said going back on the same discussion is out of order. Mr. Rosenstock asked Attorney Cherof for his opinion. Attorney Cherof said he was under the impression that the comments made earlier this evening were directed to this specific issue on the agenda and people did not have an opportunity to speak then should be given the opportunity now. However, people who have already spoken do not have to be allowed to speak again. Commissioner Denahan called for a point of information and asked if it would be appropriate for additional input at this time before the roll is called. Attorney Cherof said that the Chair could take more input at this time. Terrence Poreira asked if the process were flawed, how could the number one man can be overlooked and go down to number two. Ms. Estella Jones intimated that Commissioner Weiland said that the people don't count and do not represent the City, then who are we? Ms. Jones said she did not come tonight to be beaten and ignored and that the Commission is not listening to the people. Commissioner Weiland said he did not say the people do not count, but said he listened to a majority of approximately 100 people in the room tonight and he made a decision on the entire amount of people that live in Boynton Beach and not the 100 people present tonight. He said their comments do matter and that he attended a meeting this last Saturday to listen to your concerns and if they didn't matter to him, he would not have attended Saturday's meeting. Ron Washam, 112 S. Atlantic Drive, Boynton Beach said he has been attending these meetings for the past 20 years. He has been the Community Relations Board Chairman for the past eight years, and he has never seen as much passion and loyalty that has been exhibited tonight for one person that has been expressed for Mr. Hawkins. Mr. Washam said the Commission was aware of what their vote would do to the City. He said that during the selection of the last City Manager there was a slight problem that arose and that it never left them which hampered a lot of things within the City. Mr. Washam said the split would not be healed. The people will come back because they love the City, but he did not agree with the vote taken, but said that the Commissioners voted on how they felt. Mr. Washam said he is proud to have worked with Mr. Hawkins for eight years. Mr. Eddie Mitchell, 329 NE 4th Avenue, Boynton Beach said that Commissioners Denahan and Weiland indicated at previous meetings that the process was not right and there were some flaws. Therefore, he asked how come they could not vote for Mr. Hawkins, but in turn voted for another candidate out of the flawed process. Mr. Mitchell wanted to know what specifics Commissioners Denahan and Weiland put into their qualifications for a City Manager that Mr. Stunson has that Mr. Hawkins does not have. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, 1999 Mr. Mitchell felt that Commissioner Denahan had personal issues with Mr. Hawkins and these should not be involved in the voting process. Commissioner Weiland responded by saying he felt Mr. Stunson's qualifications include several years of experience as being a City Manager and he has CRA accomplishments in the City of Ft. Lauderdale. Also, Mr. Stunson has furthered his education. Mr. Mitchell stated that a City Manager does not have to be an expert in every field, but has a staff of experts to assist him. Commissioner Weiland said the City is looking for a City Manager that has experience with finance, CRA and as a City Manager. Commissioner Weiland responded with regard to the flawed process, it was Commissioner Denahan who felt the process was flawed from the beginning. Commissioner Weiland said he also had feelings that the process was not handled properly. It was unfortunate that he did mention it sooner. Commissioner Weiland said he nominated Mr. Stunson, even though the process may have been flawed, because he felt he was the more qualified candidate for the job. Ms. Sarah Williams said she felt sorry for Mr. Hawkins and his character is being discredited for the fine work that he has done. Ms. Williams questioned if a Master's Degree in Public Administration was one of the criteria for the position, why would Mr. Hawkins be interviewed in the first place. Ms. Williams said the situation is becoming volatile and that this Commission is treating Mr. Hawkins inhumanely. Mayor Broening said there is a motion before the Commission that has been seconded to appoint John Stunson as the City Manager and stated that the vote tonight has no legality other than to present a sense of what the four Commissioners present tonight want. Mayor Pro Tem Sherman asked Attorney Cherof to clarify the situation and was under the impression that the Commission could vote tonight. Attorney Cherof said that the Code requires a formality of a resolution. However, the Commission can vote tonight and if the Commission sticks with its vote, the matter is over with. Attorney Cherof said that the formality of the vote is to follow up with a resolution. This has been done in past years. If this Commission makes a decision tonight and adheres to it, and four Commissioners agree, the matter is over. Mayor Pro Tem Sherman said he feels bad for everyone involved in this process and it has not been easy for anyone. Mayor Broening asked the Deputy Clerk to call the roll. Commissioner Weiland Yes Mayor Broening Yes Mayor Pro Tem Sherman Yes Commissioner Denahan Yes 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 7, '1999 Motion carried 4-0. Attorney Cherof said he would prepare a resolution and asked the Commission when they would like to consider it. After discussion, it was decided to have the resolution presented at the special budget meeting on Monday, September 13th. Mayor Broening said that the agreement was if the first choice did not accept the job for any reason, then the second choice would be the one the Commission took. Commissioner Denahan noted there is no consensus on a second choice. Commissioner Weiland said before he would agree to this, he would like an opportunity to review the prior minutes. Commissioner Denahan did not recall that this discussion ever took place. III. OTHER: None XlV. ADJOURNMENT: Motion Commissioner Denahan moved that the Commissioner Weiland and the meeting ATTEST: Clerk Recording Secretary (five tapes) meeting adjourn. Motion seconded properly adjourned at 11:30 p.m. Vi o~Mayor .... -~-~~ Mayor Pro Tem by 3] Page 4 Page 6 Page 9 September 7, 1999 MEMORANDUM TO: Wilfred Hawkins Interim City Manager FROM: Bill Atkins]')~'~ Mary Munro Barbara Conboy SUBJECT: Architecture for Excellence - Financial Presentation Enclosed is the Architecture for Excellence (AFE) - Financial Presentation for the September 7, 1999 Commission meeting. The information provided in this presentation is based on responses received from the various AFE Teams throughout the City. The Committee completed a review of all costs that could be associated to the AFE Program. Initially we identified all costs associated to the AFE training. These costs were divided into direct costs and indirect costs. Thereafter, we reviewed the benefits of the program which includes the cost savings, cost avoidances and service improvements. If there are any questions in regards to the presentation please contact us. AFE/REPORT Attachment ~-< 0 O0 mO m~ © m ~ c O0 m"< ~Z m r- m Z I'll C C o m m I'- ITl Z Ill Project name: Quantum Park PID EXHIBIT "B" Conditions of Approval File number: USAP 99-005 (Use Approval) Reference: Letter of request from George G. Gentile, dated August 4, 1999. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Com~nents: None X PARKS AND RECREATION Comments: None ~ X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. MWR/dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\BOYNTON MASONIC LODGE - USAP\COND. OF APPROVAL CC 9-7-99.DOC ' ' IV I I::l TI:] I::t i:::i i. AAi' ITY 118 MILE~ ,IUO 81)0 FE~T q' ,..,,*,,,,.z ? I DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID APPLICANT'S AGENT: George G. Gentil, George G. Gentil & Associates APPLICANT'S ADDRESS: 1401 Forum Way, #101 DATE OF HEARING RATIFICATION BEFORE CiTY COMMISSION: September 7, 1999 TYPE OF RELIEF SOUGHT: Use approval LOCATION OF PROPERTY: Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relie, f requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: De, u-r,/' ! City Clerk J:~-SHRDATA\Planning\SHARED~WP~PROJECTS~BOYNTON MASONIC LODGE - USAP~,D~velop.~,~ CC 9-7-99.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gevas North American Headquarters APPLICANT'S AGENT: Pierce Architectural Group APPLICANT'S ADDRESS: 1181 South Roger Circle #12 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7, 1999 TYPE OF RELIEF SOUGHT: New site plan LOCATION OF PROPERTY: Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other J~ or~ EXHIBIT "C" CONDITIONS OF APPROVAL Project name: GEVAS NORTH AMERICAN HEADQUARTERS File number: NWSP 99-017 Reference: 2nd Review. New Site Plan. File # NWSP 99-00 Planning and Zoning Department PUBLIC WORKS Comments: 1. Construction dumpsters and service to be provided by City. X UTILITIES Comments: None X FIRE Comments: 2. A fire flow test is required. Roads and hydrants will be in place prior to X any construction above grade. POLICE Comments: None X ENGINEERING DIVISION Comments: 3. Use of Quantum Park master drainage facilities requires approval by the X QCDD through QCDD permit process. 3. Show the elevations of the loading dock trench drain. X BUILDING DIVISION 4. Correct the inconsistency with respect to the finish floor elevation. The X site plan and floor plan drawing indicate the finish floor as 24.50' and the civil plans indicate the elevation as 17.50'. Within the site data, identify the proposed finish floor elevation of the building (lowest floor elevation). Verify that the proposed elevation complies with regulations of the code by adding specifications and notes to the site data that address the following issues: a) From the FEMA map, identify the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. As the design professional-of-record for the project, state within the site data that the proposed floor elevation is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management ]?age 2 GEVAS NORTH AMERICAN HEADQUARTERS File No.: NWSP 99-017 I DEPARTMENTS I INCLUDE REJECT construction development regulations. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the site plan, floor plan and civil plan. 5. Considering that detail drawings of the site signage were not provided and X the location of the site signage was not shown on the site plan, place the following note on the site plan: "Site signage is not approved for this project. Separate site plan review and approval is required for site signage." 6. Change the occupancy classification terminology that is listed within the X project data to be consistent with the classifications listed in the 1997 edition of the Standard Building Code. The plans are inconsistent with respect to identifying the use of the facility. Correct the plans accordingly. The project data indicates the use as warehouse and the floor plan indicates the use as manufacturing/assembly. Please note that with the office area of the building exceeding 30% of the total floor area of the facility, the applicant will be required to pay Palm Beach County impact fees based on an office use for the entire square footage of the building. 7. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire Department fees, County fees and State fees will be determined at time of permit review. 8. To efficiently move from site plan approval to permit review, it is X recommended that the permit applicant and contractor contact a Plans Analyst in the Building Division of the Development Department to obtain a permit submittal checklist. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 9. The existing tree survey of the site shows 17 native trees, which must be X replaced, or maintained, on the landscape plan in accordance with the Tree Preservation Ordinance. 10. A flora and Fauna statement of the site in reference to any protected X species. 11. Secure any State permits in reference to the results of #2. (if necessary) X 12. A clearing and grubbing permit for the site can be requested after the X above three items have been completed for the site. page 3 GEVAS NORTH AMERICAN HEADQUARTERS File No.: NWSP 99-017 DEPARTMENTS INCLUDE REJECT PLANN1NG AND ZONING Comments: 13. All plans shall be signed and sealed at time of permit submittal. X 14. On the site plan provide the following information: Ch.4, Sec.7, Par.B X Locate wheel stops in accordance with city drawing # B-90012. 15. In the site plan tabular data provide the following information: Ch.4, X Sec.7, Par. E Change "warehouse" to "warehouse/assembly" in parking note and parking calculations should also be based on # of employees. Ch.2, Sec.7, Par. H.2 & Ch.2, Sec. 11, Par. H. 16. 16. On the architectural plans provide the following information: Ch.4, Sec. X 7, Para D - For all building elevations and dumpster detail all architectural elements, construction materials and proposed colors in tabular form. 17. On the landscape plans provide the following information: Ch.7.5, X An.II, Sec.5 - Label and dimension width of all required landscape buffers. - Provide notation on page LND-1 on the source of the irrigation system: Ch.4, Sec.7, Para C 18. Provide confirmation of review and approval of design by Quantum X Review Board. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 19. None X ADDITIONAL CITY COMMISSION COMMENTS 20. To be determined. J:\SHRDATA~LANNING\SHARED\WP\PROJECTS\GEVAS NORTH AMERICAN HDQTRS\NWSP\COND OF APPR CC 9-7-99.DOC PHOTOS SUBMZ'I-I'ED BY TTNA SMZTH DEPTCTI'NG THE CANAL BEHI'ND HER HOME (REFER TO DZSCUSSI'ON UNDER PUBLTC AUDTENCE) SEPTEMBER 7~ 1999