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Minutes 03-01-01 MTNUTES OF THE AGENDA PREVTEW CONFERENCE HELD TN CONFERENCE ROOM "B"~ CI'TY HALL, BOYNTON BEACH, FLOI~DA ON THURSDAY, MARCH 1, 2001 AT 5:00 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Mike Ferguson, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk The agenda review began at 5:00 p.m. Commissioner Black requested that efforts be made to schedule ministers from the Black community and other sectors of the City to offer invocations at City Commission meetings. Janet Prainito, Deputy City Clerk, advised that she is working with another City employee, Jeannette Taylor, to address this issue. V-C.4 - Proposed Resolution No. R01- Re: Approving the release of the remaining surety on the Hills of Lake Eden Subdivision ($19,350), the approval of the Subdivision, the acceptance of the dedications and the maintenance responsibilities of those improvements dedicated to the City Dale Sugerman, Assistant City Manager, requested that this item be pulled from the agenda since there is an unresolved issue with an adjacent property owner. · V-C.8 - Proposed Resolution No. R01- Re: Authorizing the placement of liens against properties with unpaid lot mowing charges Commissioner Fisher requested that staff provide a brief summary of the policy with respect to enforcement. ]:t was agreed that this item would be pulled from the Consent Agenda for discussion during the meeting. Scott Blasie will provide a report. · V-D.3 Photography Studios in C-1 Zoning District - Request to allow photography studios as permitted uses in the C-1 zoning district This item was moved to )O-Legal, B.3 since it includes an Ordinance on first reading. · V-G - Approve waiver of the permit fees for the Boynton Terrace Project The language in this item was changed to read as follows: '~pprove the/ncent/ves for the Bo?nton Terrace Project" · V[[Z-B. - Reconsideration of Mural Resolutions - Commissioner Fisher (March 20, 2001 or April 3, 2001) The title of this item was changed to read as follows: "Discuss/on of Artwork in the Ob/" MEETZNG MTNUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FL MARCH 1, 2001 · X~A. Discuss Railroad Crossing Tssues .left Livergood, Public Works Director, provided a report on this issue as background information. Commissioner Black requested that staff contact the City of Boca Raton to determine the cost of the gates that they have installed. Vice Mayor Weiland questioned whether or not there is a requirement to do all of the gates if a decision were made to do one. Mr. Livergood will report at the meeting on Tuesday evening. · X-C- NEW BUSTNESS Mayor Broening requested the addition of Item "C' - Community Tmprovement Funds. Mayor Broening reported that the funds would be spent in the following ways: 1. Security Fence at Animal Control $6,000 2. Clock $5,500 Commissioner Ferguson advised that he would like to donate $4,000 to the Youth Program at the Library. Vice Mayor Weiland would like his funds distributed in the following ways: 1. P.A.L. $1,500 2. Forest Park (park) $3,000 · XI-D.1 - Modify the Conditional Use Approval for Orbit Attorney Igwe advised that this item would require a public hearing. He requested that the item be removed from this agenda and placed on the April 3rd City Commission agenda. Vice Mayor Weiland requested that staff work with Addie Green's office with regard to the DIP (road improvement/landscaping program) and R]:P Programs in an effort to secure funding for the footbridge at Girl Scout Park and possibly the railroad crossings. Mayor Broening requested that a traMc study be performed with respect to installing a traffic light at 17th and Seacrest Boulevard. Mr. Bressner advised that discussions are ongoing with regard to the curve near Hester Center. We are looking for modifications for traffic calming or lighting. The Seacrest island improvements will be included. Mr. Bressner recommended that staff develop a list that the Commission would authorize for submittal of an application. This will be added to the Future Agenda Ttems. C.o. mmissioner Black requested that neighborhood meetings be conducted to advise the public of the City's plans to improve Girl Scout Park. Commissioner Black reminded everyone that we might soon be entering Level 3 water restrictions. He questioned whether the Code Compliance Division staff could be empowered to enforce the restrictions. Police Chief Gage advised that the State Attorney has expressed concern about the Police Department issuing citations. The Palm Beach County Sheriff has gone on record as issuing MEE'I'~ZNG M1'NUTES AGENDA PREVI'EW CONFERENCE BOYNTON BEACH, FL MARCH 1, 2001 warnings that he will not cite on the first occasion. The City of Boynton Beach is enforcing more stringently than any other jurisdiction in this County. Vice Mayor Weiland questioned whether it would be possible to monitor the water bills. Commissioner Black said that he learned from discussions with Scott Blasie that Code Compliance could do more in this area than is currently being done. Mr. Bressner feels the State Attorney needs to settle the legal issue that is involved. Chief Gage said the State Attorney would like to keep the enforcement as a civil process. He has asked that the cities only use code enforcement officers to issue the citations. Attorney Tgwe advised that the City Attorney's office could prosecute tickets issued by the Code Compliance Board. Commissioner Black advised that other areas have applied for special status to use water. Since we just spent a great deal of money for new sod at the ballfields, he suggested that staff investigate seeking special status. Mr. Bressner advised that there is a process for new plantings. Vice Mayor Weiland also advised that some of the trees at Pond "B" are already dying because of lack of water. Mayor Broening requested that an item be added under Future Agenda Items that would provide the Commission with a briefing on the long-term water situation in the City of Boynton Beach and what needs to be done now to address that situation. AD3OURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 5:30 p.m. A'I-I-EST: ~-)~mmissi0ner Commissioner CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Kurt Bressner, City Manager Jeffrey R. Livergood, Director of Public Works February 27, 2001 Whistle Bans Summary of Item: At the City Commission meeting on February 20, 2001, the Commission requested a staff analysis of pending rule making by the Federal Railroad Administration whereby local whistle bans will be rescinded by Federal law. This pending rule is particularly of interest to Floridians because it was in Florida that the first whistle bans were enacted on a large scale. Staffprovides this brief overview of pending FRA Rulemaking pertaining to elimination of whistle bans on a national basis. The FRA has identified a number of supplemental safety measures available to local municipalities that would effectively eliminate train whistles on a full time basis. Staff recommends a more thorough analysis of existing grade crossings in Boynton Beach be conducted and recommendations and costs be forwarded to the City Commission. History of Whistle Bans In the late 1970's, the increased growth in Florida, in particular along the East Coast and the FEC Railroad, prompted numerous special interest groups to advocate the banning of train whistles. These groups, most prominantly led by the Florida based group, Project Whistle Stop, were unsuccessful in their efforts to obtain a national whistle ban. After failure of early national efforts, the special interest groups concentrated their efforts on the Florida Legislature. Ultimately, the Florida Legislature was persuaded to enact State law allowing municipalities to ban whistles at many crossings on the FEC system between the hours of 10:00 p.m. and 6:00 a.m. This legislation was effective on July 1, 1984 and was subsequently adopted by numerous local governments soon thereafter. The City of Boynton Beach enacted this legislation locally by approving Ordinance 86-38 on November 5, 1986; thus banning nighttime train whistles within the City limits. By 1990, 511 out of 600 gate equipped crossings on the FEC line were affected by nighttime whistle bans. in August of 1990, the Federal Railroad Administration issued a study of the effects of the Florida train whistle ban up to the end of 1989. This study showed that the nighttime accident rate along the FEC corridor increased by 195 percent and the daytime rate did not change appreciably. The FRA submitted its findings to the Florida Department of Transportation and to each affected municipality. The FRA requested that these bodies offer explanations for the increased nighttime accident rate. Respondents pointed to increased traffic and populations, seasonal traffic fluctuations; i~acreaseS in rail traffic and increased use of drugs and alcohol by motorists. Despite the possible reasons for the increase in the nighttime accident rate, there was no justifiable correlation to the relatively steady daytime accident rate. Thus, the FRA believed that the link to nighttime whistle bans and the increase in the nighttime accident rate was proven and on July 26, 1991 issued an emergency order to end whistle bans in the State of Florida. Twenty communities in Florida petitioned for review of the emergency order and the FRA upheld its original determination and ordered the FEC Railroad to sound whistles at all crossings. There were ongoing objections to this order, and other considerations. In 1994, the Federal Government enacted the Swift Rail Development Act that required locomotive horns or whistles be sounded upon approaching every public grade crossing with a few minor exceptions. You may recall the public outcry at that time. As such, local communities turned to their legislators and the Act was never formally implemented. In September of 1995, the Federal Railroad Administration completed an analysis of the impact of whistle bans along the FEC rail corridor and other locations in the United States. As a result o~ this study, and other's, the FRA has published the proposed rules and we are now in the review and evaluation process. Unless the FRA's position changes based upon an exhaustive public comment period that closed last Spring, the rule will take effect and whistles will blow in the next 12 to 18 months. Current Status Although banned by State and Local Law, train engineers blow their whistles when they believe that imminent danger lies ahead of them. As such, we occasionally hear train whistles in Boynton Beach. The location that train engineers typically sound their horn is approximately one-quarter mile from a grade crossing. However, there is no consistent standard for this because the need to sound a whistle is very much dependent upon the train speed and the distance from the crossing. Local governments must assume that the FRA proposed rules mandating whistles will be in effect within the next 18 months or so. However, the FRA has provided guidance to communities relative t0 the'vari0~ Suo~lementat Safety Measures (SSM) that can be implemented to eliminate train whistles at~all times~ of the day, Thevarious measures each have a different effectiveness rating thus there i.s.no ideal solution for each location or community. The FRA has opined that the probability of an acc~ctent increases by 68% at grade crossings where locomotive horns are silenced. Thus the SSM should have a 32% probability of decreasing accidents at a given crossing, assuming all other crossing safety features remain intact. It is important to note that for the State of Florida the effectiveness of whistle blowing is a 32% reduction in accident probability whereas for the remainder of the country, the anticipated accident rate reduction is 38%. The following chart depicts the effectiveness score of the various SSM's. Supplemental Safety Measure Close Grade Crossing ,4 Quadrant Gates W/O Detection 4 Quadrant Gates With Detection *Accident RedUction Effectiveness 1.0 % INCREASE in Effectiveness Compared to Horn Blowing 212% .82 156% .77 141% 4 · ' Quam m~t Gates W~th Medians .80 150% Mountable Curbed Medians W/O .75 134% Channelization Barrier Curb Medians .80 150% One way streets with gates .82 156% Photo Enforcement .78 144% Train Horn Blowing .32 * Source: FRA The chart on the previous page illustrates the various reductions in accident prediction for each of the SSM's suggested by the FRA. These factors are applied to each crossing throughout a corridor. Thus, we need to achieve a 68% reduction in accidents throughout the Boynton Beach corridor. This can be accomplished, pending FRA approval, by implementing any combination of the suggested SSM's at our grade crossings. We need not apply an SSM at each and every crossing; we simply need to achieve an aggregate reduction in overall accident proPensity. For example, we receive more reduction points by applying SSM's to those locations with the highest potential for accidents and have shown the highest accident history. Although not a part of this staff analysis, it is likely that the high accident locations are Gateway, Boynton Beach and Woolbright. Further, more intensive research, is required prior to proceeding with selection of any SSM at any location in the City. ~ Furthermore, in 'additiOn to applying an SSM that satisfies our desire to eliminate train whistles, we must also evaluate our own funding potential in combination with potential State and Federal grants. Because the FRA proposed role is national in scope there will likely be thousands of applications for grants at all levels and each application will have similar, if not equal, merits. Thus, those communities that are willing to fund SSM improvements with local dollars will be able to proceed quickly. SSM's can vary in cost from $10,000 for barrier median paddle devices to nearly $250,000 for a four- quadrant gate system. Construction of concrete medians can be even more costly depending upon existing roadway geometrics. In addition to the SSM's presented above, the FRA is considering the use of programmed enforcement, photo enforcement, and also public education and awareness. Either of these solutions allows the City to develop enforcement and education programs. However, it is the City's responsibility to prove the reduction in accident potential as a result of these actions. Frankly, staff is not sure hOw to do this. In any event, there is no doubt a necessary commitment of countless staff hours in these endeavors with no guarantee of success and approval by the FRA that the other SSM's afford us. I have learned in the last few years that public involvement in the process is most critical in the decision making process. For example, a mountable barrier median with paddles is probably the most cost-effective solution to eliminating train whistles. FRA staffhas suggested to me that they would approve these types of devices. The barrier medians can be installed in one day and cost only slightly over $10,000 per crossing. However, once installed, the public, although pleased that the train whistles will blow no more, are not satisfied with the aesthetics of the barrier median paddles thus prompting outcry for other, more costly, solutions. I experienced this phenomenon fa'st hand and I believe that it clearly illustrates the need to balance cost with public opinion in order to accomplish our stated goal. Staff Recommendations Staff has barely touched on the many complex issues related to train whistles in the City. More exhaustive research is required, public input must be sought, and the City Commission should provide input into their preferences. Staff therefore recommends the following: Staff should prepare a more thorough analysis of the various issues. Research should be conducted to determine existing accident rates at all City crossings. Traffic volUme~ at each crossing should be gathered to determine the impact of closing any particular crossing. A condition diagram for each crossing should be prepared. This report should be completed in the next six months, assuming other planning efforts for the traffic management/calming program are not in conflict with available staff resources. 2. Staff should prepare a written report for City Commission review. This recommendation shall include suggested improvements and costs at each crossing. Staff shall solicit FRA comments on proposed alternatives. 3. Staff shall solicit input from various interest groups in the City, including affected homeowners, businesses, Chamber of Commerce, and others. 4. A final action plan detailing long range capital construction shall be prepared that summarizes technical needs to stop whistle blowing and also considers impact on the City budget and five year f'mancial plan. 4