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Minutes 09-05-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 5, 1995, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Mayor Mayor OPENINGS: A. Call to Order B. Invocation - Dr. A. S. Brewster, Grace Fellowship Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Following the invocation by Dr. Brewster, Taylor called the meeting to order at 6:30 p.m. Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: II. A. MOtion 1. Additions, Deletions, Corrections Mayor Pro Tem Matson requested the addition of Item IV-B.4, "Letter of Commendation for Officer Daniel Vargas". 2. AdoptiOn Vice Mayor Bradley moved to approve the agenda as amended. Commissioner Rosen seconded the motion which carried unanimously. ADMINISTRATIVE: Accept resignation from Robert J. Lazenby, Code Enforcement Board Mayor Pro Tem Matson moved to accept the resignation. Vice Mayor Bradley seconded the motion which carried unanimously. B. Appointments to be made Mayor Pro Tem Matson moved to remove the appointments from the table. Commissioner Rosen seconded the motion which carried unanimously. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor IV Matson II Bradley IV Matson II Bradley IV Matson II Bradley IV Matson IV Matson Mayor Taylor II Bradley III Jaskiewicz IV Matson Mayor Taylor Rosen Board of Adjustment Alt Bldg. Bd. of Adj. & Appeals Alt Cemetery Board Alt Children & Youth Adv. Bd. Alt Library Board Alt *Senior Advisory Board Reg Senior Advisory Board Alt Cemetery Board Reg Comm. Redev. Adv. Bd. Reg Community Relations Board Reg Code Enforcement Board Reg Code Enforcement Board Reg Code Enforcement Board Alt Code Enforcement Board Alt Code Enforcement Board Reg Term expires 4/97 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 4/96 TABLED Term expires 4/97 TABLED 1 yr term to 4/96 TABLED Term expires 4/96 TABLED 3 yr term to 9/98 3 yr term to 9/98 1 yr term to 9/96 1 yr term to 9/96 Term expires 9/96 Mayor Taylor tabled all of his appointments. Mayor Pro Tem Matson tabled all of her appointments. Vice Mayor Bradley appointed Debbie Tornello as a regular member of the Code Enforcement Board, without objection. Commissioner Rosen appointed Arnold Whitten as a regular member of the Code Enforcement Board, without objection. Motion Mayor Pro Tem Matson moved to table all remaining appointments. Vice Mayor Bradley seconded the motion which carried unanimously. III. CONSENT AGENDA: A. Minutes 1. Regular City Commission Meeting Minutes of August 15, 1995 Commissioner Jaskiewicz requested that the second paragraph of Page 27 be corrected to read, "E,,gene $okoloff". In addition, she requested that Item III-B.1 be pulled from the Consent Agenda. Vice Mayor Bradley requested that Item III-B.3 be pulled from the Consent Agenda. 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Mayor Taylor requested that Item III-C.7 be pulled from the Consent Agenda. A discussion ensued relative to whether the name of the park on Congress Avenue is Congress Community Park or Tereesa Padgett Park. Mr. Frederick clarified that the name of the park is "Congress Avenue Community Park" dedicated to Tereesa Padgett. Bo Bids - Recommend Approval -All expenditures are approved in the 1994-95 Adopted Budget 1. Award bid for two marquee signs for the Civic Center and Little League Park This item was pulled from the Consent Agenda for further discussion. o Consider approval for a one-year extension of annual contract for automotive parts and supplies with various vendors In an agenda memorandum dated August 23, 1995, Purchasing recommends that the bid for Annual Contract for Automotive Parts and Supplies be approved for a one-year extension. Funds are available in Account #501-193-5-324.00. 3. Extend annual contract for purchase of uniforms for a period of 3½ months This item was pulled from the Consent Agenda for further discussion. C. Resolutions Proposed Resolution No. R95-132 Re: Authorize execution of Consultant Service Agreement with Wallace, Robert, Todd, Inc., for engineering, design, construction, and administration of four new tennis courts at Congress Community Park in the amount of $15,500 ge o o Proposed Resolution No. R95-133 Re: Authorize execution of leaSe agreement between Mears Motor Leasing and the City of Boynton Beach for the leasing of vehicles for the Vice Unit Proposed Resolution No. R95-134 Re: Authorization for Post, Buckley, Schuh and Jernigan, Inc., to install ground water monitoring wells and develop lab specs for the landfill's ground water monitoring plan Proposed Resolution No. R95-135 Re: Authorize execution of agreement between the City of Boynton Beach and the School District of Palm Beach County for EMT Student's Internship Time Proposed Resolution No. R95-136 Re: Acceptance of Quit Claim Deed for 3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 property located at 611 NE 6th Avenue Proposed Resolution No. R95-137 Re: Authorize execution of agreement between the City of BoYnton Beach and the Child Care Resource and Referral, Inc., for "Substitutes on Stand-By" for the Rolling Green Latchkey Program Proposed Resolution No. R95-138 Re: Authorize execution of agreement between the City of Boynton Beach and the Federal Bureau of Investigation for use of the City's communications tower This item was pulled from the Consent Agenda for further discussion. Proposed Resolution No. R95-139 Re: Authorize transfer of license and franchise from Fairbanks Communications, Inc., d/b/a Leadership Cablevision to Leadership D. Approval of Bills A copy of these bills is attached to the original set of minutes on file in the City Clerk's Office. E. Approval Disposal of Records - Human Resources Department As outlined in Memorandum #95-102 dated August 23, 1995, from Sue Kruse to City Manager Parker, the State has approved Records Disposition Request #290. F. Budget Transfer - Golf Course A Budget Transfer Request dated August 4, 1995, from the Golf Course to the Finance Department, requests that $24,890 be transferred from Account #411-888-5-911.00 to Account #411-725-5-629.00. G. Approve Change Orders for the following: 1. C-16 Canal ao Change Order #2 for West Construction in the amount of $456.25 for the increase in wire size, panel rating, and breakers 2. City Hall HVAC ao Change Order #2 for John C. Cassidy Air Conditioning, Inc., in the amount of $3,323 for the motor size to be increased on the fan drives be Change Order #3 for John C. Cassidy Air Conditioning, Inc., to decrease the amount by $824 for a change in the fire dampers in the West Wing 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Co Change Order #4 for John C. Cassidy Air Conditioning, Inc., to increase the amount of $412.50 for reinsulating ductwork in the Police Locker Rooms Ho Approve request for sewer main rehabilitation - Insituform Method for SE 3rd Street and SE 6th Avenue, U.S. I and Ocean Avenue, and U.S. I and SE 6th Avenue Pursuant to Utilities Memorandum #95-273 dated August 25, 1995, from John Guidry to City Manager Parker, staff recommends authorizing the necessary repairs at a total cost to Insituform of $37,130. Funds are available in the Utilities R & R Account #421-000-0-691.21, CIPSWR76. Approve purchase of Fire Suppression Hood System for Cooking Stove at Fire Station #2 from Atlantic Coast Fire Equipment in the amount of $6,300 In a memorandum to City Manager Parker dated August 28, 1995, Mr. Frederick, Director of Recreation & Parks, recommends this purchase based on the Fire Chief's recommendation and NFPA Code requirements. The purchase will be funded through the 1995/96 Reserve for Future Appropriations Account. o Affirmation of City Manager approval for closure of Diane Drive for Neighborhood Block Party - September 4, 1995 The residents of Diane Drive requested, and were granted permission, to close Diane Drive to non- residents between the hours of 12:00 noon and 10:00 p.m. on Monday, September 4, 1995 for the purpose of a neighborhood block party. MOtion Mayor Pro Tem Matson moved to approve the Consent agenda. Vice Mayor Bradley seconded the motion which carried unanimously. THE DISCUSSION REVERTED BACK TO THE ITEMS PULLED FROM THE AGENDA FOR ADDITIONAL DISCUSSION. Bo Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget 1. Award bid for two marquee signs for the Civic Center and Little League Park As outlined in Recreation & Park Department Memorandum #95-397 dated August 29, 1995, it is recommended that the bid for these signs be awarded to Meurett Sign Company in the amount of $4,420.78 for the Civic Center, and $4,420.78 for Little League Park. Funds for the Civic Center sign are available in Donation Account #691-000-1-693.10, and funds are available for the Little League Park sign in the Capital Improvement Fund #001-721-5-642.00. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Commissioner Jaskiewicz noted that the amount of this bid is much higher than she had anticipated. In addition, she questioned whether or not the Civic Center sign can be moved if and when the new Civic Center is built. Mayor Pro Tem Matson also pointed out that during the charrettes, there was discussion relative to the demolition of the Civic Center. She is opposed to spending money on a building that will be demolished. Charles Frederick, Director of Recreation and Parks, confirmed that the sign can be relocated anywhere on site. The City will not experience any loss. Motion Vice Mayor Bradley moved to approve Item III-B.1. Mayor Pro Tem Matson seconded the motion which carried unanimously. 3. Extend annual contract for purchase of uniforms for a period of 31~ months As outlined in an agenda memorandum dated August 30, 1995, Purchasing requests that the bid for Annual Contract for the Purchase of Uniforms be approved for this 3½ month extension to allow enough time for Purchasing to write specifications in preparation of a new bid. Upon approval, the Contract shall expire on January 15, 1996. Vice Mayor Bradley suggested that the City extend the uniform contract for a period longer than 3½ months if we are satisfied with the contract rather than having to go out for bid. City Manager Parker will check with the uniform company to see if the City can continue with the same uniform price for 12 months. If they do not agree, we will continue with them for the additional 3½ months and then rebid the contract. MOtion Vice Mayor Bradley moved that we enter into an agreement for another 12 months at the current rate if the contractor is agreeable, or we will extend it for 3½ months while we prepare to go back to the bid process. Commissioner Rosen seconded the motion which carried unanimously. C. Resolutions Proposed Resolution No. R95-138 Re: Authorize execution of agreement between the City of Boynton Beach and the Federal Bureau of Investigation for use of the City's communications tower Mayor Taylor inquired as to whether or not we are receiving $7,000 from the FBI for this agreement. MINUTES REGULAR CITY COMMISSION MEETING BoyNTON BEACH, FLORIDA SEPTEMBER 5, 1995 City Manager Parker advised that the City is receiving nothing for this agreement. She explained that the FBI is another governmental agency we work closely with through our Police Department. We usually work with them on a reciprocal arrangement at no charge. Mayor Taylor pointed out a typographical error in the last sentence in Item #9 on Page 3. The sentence should be corrected to read, "And the//~ensee is not receiving any monetary compensation as a result of and entering into this license agreement with the licensor". Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-138. Vice Mayor Bradley seconded the motion which carried unanimously. IV, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. Commission Workshop - Friday, September 8, 1995 - 6:00 P.M. ao Appoint Steering Committee for Visioning Workshop Michael Morton - Update on Tradewinds Wrice Process Update Appearance Code Littering/Loitering Charity Solicitation Permits Code Enforcement Procedures Board of Adjustment Membership Mayor Taylor announced this upcoming workshop meeting. Final Budget Hearing and Aggregate Millage Rate for Fiscal Year 1995/96 - Tuesday, September 19, 1995 Mayor Taylor annoUnced this upcoming final budget hearing. B. Presentations: Proclamation - 50th Anniversary of the United Nations - October 24, 1995 Mayor Taylor read a Proclamation in recognition of the 50th anniversary of the United Nations. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Proclamation - Boynton Beach "Chamber of Commerce Day" - Wednesday, SePtember 13, 1995 Mayor Taylor read a Proclamation declaring September 13, 1995, as "Chamber of Commerce Day". Presentation by the Boynton Beach Little League in appreciation of the Sectional and State Tournaments hosted at Little League Park City Manager Parker advised that Mr. David Barie contacted her today to advise that due to a death in the family, he would not be able to be present for this meeting. This item will appear on the next City Commission agenda. 4. Letter of Commendation for Officer Daniel Vargas Mayor Pro Tem Matson advised that a letter of commendation was received from Michele Costantino regarding Officer Daniel Vargas. On August 17, 1995, Officer Vargas gathered together the necessary City forces to eliminate the Ficus trees that line the lift station at the corner of North Seacrest Boulevard and South Palm Drive. This corner has been an eyesore and a hangout for drug dealers. Officer Vargas was also instrumental in getting the pay phones turned off at the convenience store at 3001 North Seacrest Boulevard. In an effort to keep drug dealers from having a place to sit and hang out, Ms. Costantino further requested assistance from the City Commission in fencing in the lift station. Mayor Pro Tem Matson requested that City Manager Parker look into the feasibility of fencing in the lift Station. City Manager Parker advised that the Police Department and Utilities are already moving forWard on this request. V. BIDS: Ao Award bid to Reed Landscaping, Inc., for CDBG Phase 3 Landscaping and authorize execution of contract (Proposed Resolution No. R95-140) Motion Commissioner Rosen moved to award the bid to Reed Landscaping, Inc. for CDBG Phase 3 Landscaping and authorize execution of contract (Proposed Resolution No. R95-140). Commissioner Jaskiewicz seconded the motion. Mayor Pro Tem Matson requested that the motion include a clause "not to exceed $25,519". Commissioner Rosen accepted this amendment. The motion carried 5-0. City Manager Parker advised that the figure of $25,519 was the Iow bid which was denied. The correct MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 amount is $32,474.04. Commissioners Rosen and Jaskiewicz accepted the correction to the motion. SINCE IT WAS NOT YET 7:00 P.M., THE AGENDA WAS MOVED TO PUBLIC AUDIENCE. VII. PUBLIC AUDIENCE: Mayor Taylor announced that each speaker would be permitted three minutes to speak. Applicants and staff will be asked to keep their presentations to ten minutes. Henrietta Solomon, 230 NE 26 Avenue, commended those responsible for the beautiful landscaping on Federal Highway in north Boynton. She read an article in the newspaper referring to the City purchasing the marina project. She questioned where the City will get the $2 million necessary for the purchase. Harry, B. Stein; 760 E~Ocean Avenue, represented the Board of Directors of Coastal Towers. This was his fourth appearance relative to the Ocean Avenue bridge. Mr. Stein told a story about a general contractor and a subcontractor who were in dispute. (Mr. Stein's time limit ran out before he made any comments relative to the bridge.) Betty Zolten: 2600 NE I Lane, inquired as to when the bus shelters would be installed. City Manager Parker advised that the bus shelters in Village Royale on the Green would be located on private property. The shelter company has been in the process of seeking approval to place those shelters on that property. Five shelters are currently in permit, but they do not include the shelters at VRG. Phil Partridge: 337 SW 14th Avemm, addressed the issue of the public tennis courts which were located near the Library. He advised that two of the courts were eliminated for the expansion of parking. When the Arts Center was built, the four remaining courts were eliminated. Public tennis is available at Pioneer Park, but resurfacing and better drainage are needed. In addition, the nets are in very poor condition. Vice Mayor Bradley is aware of the puddling problem at Pioneer Park. He questioned whether or not there are plans to resurface those courts. Mr. Frederick acknowledged a puddling problem at the courts. Although he must research this situation, he believed the courts were resurfaced within the last three years. He feels the two or three puddling areas can be taken care of. Mr. Partridge's reference to the condition of the nets might be somewhat exaggerated. He pointed out that Pioneer Park is an unsupervised park. Unsupervised parks are targets for damage. Staff tries to keep the equipment in good condition. VI. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as the agenda permits A. Proposed Tentative Budget and Proposed Aggregate Millage Rate for Fiscal Year 1995/96 Attorney Cherof advised that this hearing will deal with the percentage increase in millage over the rolled back rate necessary to fund the budget, and the specific purposes for which the ad valorem revenue is being increased. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 The City Commission will receive input from the public and explain the reasons for the increase over the rolled back rate. Attorney Cherof read Proposed Resolution No. R95-141 by title only advising that the proposed tentative millage rate will be 7.9251 percent for the fiscal year beginning October 1, 1995, and ending September 30, 1996. He referred to Section 1 which reads as follows: "The proposed general operating budgets tentative Millage Rate for the 1995-1996 Fiscal Year shall be 7.9251 (for the General Fund), plus .4816 for the Voted Debt Service for a total Proposed Tentative Millage Levy of 8.4067 for the 1995-1996 Fiscal Year." Section 3 of the Resolution reads as follows: "The proposed millage rate is .6196% above the computed rolled back rate." 1. Citizen Comments MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Harry B. Stein; 760 I=. Ocean Aven,~e, represented the Board of Directors of Coastal Towers. Mr. Stein reiterated his requests of July 27, 1995, which are: 1. That no funds be allocated by the Commission in the budget for the position of Redevelopment Coordinator; 2. that no funds be allocated by the Commission in the budget for any expenditures to be made in connection with the proposed bridge on Ocean Avenue; and 3. that the position of Redevelopment Coordinator not be filled at this time. City Manager Parker advised that no funds have been allocated in the budget for the Ocean Avenue bridge. The position of Redevelopment Coordinator was deleted. The position was reallocated as an economic development position. Mr. Stein requested that no funds be provided for any so-called economic development. WITH NO ONE ELSE WISHING TO SPEAK AT THE PUBLIC HEARING, MAYOR TAYLOR CLOSED THE PUBLIC HEARING. 2. Proposed Resolution No. R95-141 Re: Adopt Tentative Millage Rate for FY 1995/96 Motion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-141. Mayor Pro Tem Matson seconded the motion which carried unanimously. 3. Proposed Resolution No. R95-142 Re: Adopt Tentative Budget for FY 1995/96 ]0 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Attorney Cherof read Proposed Resolution No. R95-142 by title only. Attorney Cherof advised that Section 1 of the proposed budget indicates an appropriation of $31,889,1 75. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Motio~ Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-142. Commissioner Rosen seconded the motion which carried unanimously. Attorney Cherof advised that the final budget hearing will be on Tuesday, September 19, 1995, at 7:00 p.m., in Commission Chambers. VII. PUBLIC AUDIENCE: This portion of the agenda was disposed of prior to the Public Hearing. VIII. DEVELOPMENT PLANS: Bo Project Name: Papa John's ............................................................ TABLED APPLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 19, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Corner of NW 7th Court and Boynton Beach Blvd. Description: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars Project Name: Papa John's ............................................................ TABLED APPLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 19, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of NW 7th Court and Boynton Beach BIvd. Description: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres Items VIII-A and B will remain on the table until the September 19, 1995 City Commission meeting. Co Project Name: Clear Copy, Inc. VOTE IS FOR RECONSIDERATION ONLY Agent: Bob Feldman, Owner Owner: George C. Davis Location: Southeast corner of Boynton Beach Boulevard and NW 7th Street Description: NEW SITE PLAN: Request for site plan approval to construct a 3,780 square feet, two-story building on a .225 acre parcel ]1 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 City Manager Parker advised that Vice Mayor Bradley requested this reconsideration within the three-day limit. Vice Mayor Bradley moved to reconsider the site plan approval for Clear Copy. Commissioner Jaskiewicz seconded the motion which carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) Gene Moore, representing Mr. Feldman, asked for clarification of this action for reconsideration. Mayor Taylor explained that it was necessary for one of the Commissioners on the prevailing side to bring this issue back for reconsideration. This item will now be scheduled on the agenda. Attorney Cherof said property owners who have requested notification if the matter was raised again will be notified. This item is now set for a time certain of September 19, 1995. Do Nautica Sound, formerly known as Knollwood Groves PUD - Master Plan determination of substantial or non-substantial change ........................................................................ TABLED Motion Mayor Pro Tem Matson moved to remove this item from the table. Commissioner Rosen seconded the motion which carried unanimously. Attorney Cherof advised that this would be a quasi-judicial hearing. He administered the oath to all who would be speaking on this matter. Mayor Taylor disclosed that he visited the Nautica site on Lawrence Road to inspect the houses and view the layout. While there, he spoke with Mr. Kilday. Vice Mayor Bradley and Commissioner Jaskiewicz disclosed the same information as Mayor Taylor. Mayor Pro Tem Matson disclosed receiving a telephone call from Howard Shepherd of Meadows 300 and Willowbrook, and a phone call from Al Karp. She spoke with Mrs. Karp with reference to this project and with Mr. Kilday. In addition, the residents submitted a list of questions for which they would like answers from the developer. Commissioner Rosen disclosed that he received a phone call from Mr. Kilday. Mayor Taylor urged the applicant to keep his presentation to ten minutes in length. Kieran Kilday advised that he prepared his presentation to deal with two issues the Commission raised at the last meeting. The Utilities' issue involved the provision for a lift station and a concern about the number of cul-de-sacs. At a follow-up meeting with Utilities, these issues were worked out. A memorandum has been published by the Utilities Department indicating resolution of the issues. The second issue involving lot size has also been addressed. The Commission requested investigation to determine the feasibility of upgrading the smaller lots. The previous plan contained 76 lots in the 4,000 to 4,500 square foot range. All of those lots have been 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 eliminated by moving them up in size. In doing that, the applicant ended up with only 59 lots in the next highest category. The 13 lots that were in that higher range were boosted up into the next higher range. In reviewing a chart which Mr. Kilday displayed, it became obvious that the "Z" lot range was reduced by 30 lots, and 20 lots were added to the zero-lot range. The net reduction overall was 10 lots. There were two other items of concern at the last meeting which Mr. Kilday felt were resolved. The applicant has determined it necessary to buffer the project from Hypoluxo Road. When the applicant went through the process, he provided the construction of Meadows Boulevard through the south end of the property out to Lawrence Road. In the initial plan, this project had no access on this road; however, the applicant agreed to provide the road because it is part of the City's overall master plan. In going through the process, Police and Fire indicated that they wanted an east/west access in addition to a Lawrence Road access. To accommodate them, an access point has been added to the Meadows extension. With the fire station on Miner Road, within a year or two, it is likely that responses will be from Miner Road to Lawrence Road and then into the project. However, in the interim, as a condition of approval, no Certificates of Occupancy will be issued until the missing link of Meadows Boulevard is constructed. Mr. Kilday feels this is a temporary situation which will be eliminated with the construction of Miner Road. For the benefit of the Meadows 300 residents who were present in the audience, Mr. Kilday provided a brief history of this project. Following are the questions submitted by the residents: If there are two other entrances on Lawrence and Miner, why do you need to disturb the Meadows? The Meadows doesn't want the extra traffic and noise brought to our community. Mr. Kilday explained that the access point was a city-wide requirement of the original approvals. The applicant did not have an access from his project onto Meadows Boulevard in the original plan. However, Mr. Kilday explained that from a planning standpoint, having the access is a benefit to the overall community. Assuming the entrance will be gated, it would be unfair for the Meadows' residents that they would not have access to Lawrence Road in their community while Nautica Sound would have access. Mr, Kilday explained that Meadows Boulevard extension is a public road. It will not be gated. There will be a gate within Nautica Sound for the internal road. Meadows Boulevard is already dangerous - additional traffic will cause unsafe conditions. Mr. Kilday advised that the primary entrance to the project is on Lawrence Road. Where will the basketball courts and parking lot be in relationship to the Meadows? The basketball courts and parking lot are located directly in the center of the Nautica Sound project. The Meadows' closest units are the apartment units. Mayor Pro Tem Matson pointed out that the approvals for this project came forward in 1988, when many of the surrounding communities were not built. ]3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Mr. Kilday explained that the applicant has eliminated the public street which was planned to connect to Hypoluxo Road. Private streets within the project will eliminate some of the traffic. Tambri Heyden, Planning and Zoning Director, advised that the applicant has submitted a master plan drawing to help staff determine whether or not the Commission's comments were met. The staff report was updated to reflect staff comments regarding the new submittal. Staff was unable to ascertain whether or not the applicant has complied with the Commission's requirements of increasing the number of lots in certain size categories because the square footage was not included. The issue of the 40' setback along the east PUD perimeter was not addressed. With respect to the Engineering Department, the applicant increased the width of the Meadows Boulevard right- of~way. Engineering has additional comments set forth in Engineering Division memos 95-332, 95-295 and 95- 260. All Utilities' issues have been resolved. Four of the 11 cul-de-sacs were eliminated, and the issue of the lift station has been resolved. There were two issues involving the Fire Department which were not addressed. The Police Department issue involved a northbound right-turn lane into the project off Lawrence Road and an ingress/egress off Hypoluxo Road. These comments have not been addressed. Mr. Kilday is proposing that these comments be deleted. With respect to the Planning and Zoning Department, the 40~ setback issue was not addressed. Staff maintains that the lot size should be 6,000 square feet which is consistent with the previously-approved master plan. There are other staff comments listed in Planning and Zoning Department Memorandum No. 95-485. Engineering Department Memorandum No. 95-332 maintains that this is still a major modification even with the changes because of the Hypoluxo Road issue. They are reiterating all of their comments from the first and second review. The Fire and Police Departments maintain that all of their comments are still valid. The comments from the Building Department relative to signs and setbacks need to be carried over. Mr. Kilday advised that the applicant will dedicate the right-turn lane on Lawrence Road into the project. There was also a comment about a right-turn lane on the south road. The applicant investigated that possibility with the County Engineer, and a determination was made that there is inadequate right-of-way to put in a right-turn lane. With regard to the 40' setback requirement, Mr. Kilday used the photo to display the multi-family project in the Meadows. The applicant has agreed to maintain the 40' setback in the areas where the project will abut the multi-family project. The issue also involves an area which is an open area containing no buildings. The applicant sees no need for the 40' setback. Mr. Kilday feels the applicant has met the intent of the Code. The setbacks from garage to garage are greater than most of the surrounding communities. The only distinction on the front setback is the ability to move a non-garage portion a few feet further toward the road. With regard to the 10' side setback, Mr. Kilday displayed a chart listing the Code setback requirements for all of the other municipalities within Palm Beach County. With the exception of Delray Beach, 10' is the standard for this type of lot. In many instances in this project, because of the "Z" lots, the setback is far greater than the 10'. He requested that the Commission approve the project with the setbacks shown. 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Al Kar.u~. Vice President of Meadows 300 Homeowners' Ass~ expressed concern about the fact that a new street will provide accessibility into the Meadows 300 project. This new community will add over 800 cars traveling through the Meadows. Unsafe conditions exist on Meadows Boulevard at present. Although the speed limit is 25 mph, most drivers exceed that limit and the Police have not done a proper job patrolling the area. He feels additional Police presence is necessary to monitor this situation. There are approximately 1,400 homes making up the Meadows. The roads cannot handle the traffic created by present users. The residents are concerned about the additional noise and traffic which will be created. He urged the Commission to keep Meadows Boulevard as it stands now. Dawn Laesser: 2 Meadows Park Lane:. began a Crime Watch program in the neighborhood. During this past spring, they experienced problems with teenagers shooting wrist rockets into six occupied dwellings. Crime Watch was of assistance in curtailing this activity. She feels another outlet will add to the problems. She urged the Commission to consider the safety factor for the residents of this community. ~etl Fave; 44 Rutland~a~e~ pointed out that the residents of this community must contend with traffic from the park which is on the corner of Congress Avenue. There is no traffic light on that corner and it is impossible to cross Congress Avenue. City Manager Parker advised that Mr. Kilday has requested a change in the setback definition. Our Code states that you can have a slab with a screen room, but once a covered patio is built, it is defined as a structure and it would be inconsistent and not in accordance with our Code. Staff has been very strict in enforcing the covered patio setback situation in many subdivisions throughout the City. We would have a problem with Mr. Kilday's definition. City Manager Parker inquired as to whether or not the unincorporated property currently in the County is vacant or developed. Mr. Kilday advised that the property has one residence on it and the property is zoned Agricultural. City Manager Parker learned from Ms. Heyden that if that property was annexed into the City, it would be annexed as Single-family Residential. Mr. Kilday agreed to meet the 40' setback throughout the east property line. He felt this was a spiteful' requirement, and does not believe it is good for planning or design. City Manager Parker advised the Commission that the applicant has agreed to meet the City's Code setbacks with the zoning. If the City annexes the property she mentioned earlier, it would be annexed as residential zoning. The setbacks would then be dropped below the 40' to meet the other single-family to single-family setbacks. Mr. Kilday confirmed that the statement in 1562 refers to the turn from Lawrence Road traveling north onto Meadows Boulevard. The applicant does not have frontage at that location and has verified that there is not adequate right-of-way to provide that turn lane. With regard to the entrance into the project, there is adequate right-of-way and the applicant will provide that right-turn lane. The project has a turn in off Lawrence Road and a turn in off Meadows. At that location, a turn lane could be provided if it was needed. Ms. Heyden was of the opinion that the Police and Fire Departments were concerned with turn lanes northbound off Lawrence Road into Meadows Boulevard. Mr. Kilday stated that a turn lane cannot be accomplished at that location and he has provided documentation to that fact. Vice Mayor Bradley questioned whether or not the difficulty in determining the 99 "Z" lots will be cleared up at ]5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 site plan review. Mr. Kilday advised that he is in possession of the square footage data for each lot. He will provide that information to staff. Ms. Heyden advised that prior to platting, staff requests a master plan which addresses all the comments which have been turned in. Commissioner Jaskiewicz questioned whether or not the access on Meadows Boulevard could be closed off when Miner Road is completed. Mr. Kilday reiterated that the City required this access even though it was not originally requested by the applicant. The approved master plan shows the dedication of a five-acre park. It is his belief that this road will be needed to allow access to the City park from Lawrence Road. Mr. Kilday reiterated that the presently-approved project contains 389 multi-family units and 150 single-family units. This was primarily a rental community. The current proposal brought forth is to drop the total number of units by 115 units. The applicant has now switched to a "for sale" product. Commissioner Jaskiewicz was pleased to see that all of these units will be single-family units rather than a rental community. Mayor Pro Tem Matson requested selective enforcement on Meadows Boulevard before and after work hours relative to speeding violations. Vice Mayor Bradley feels this is a good project in which the applicant has bent over backwards to make the improvements requested by the Commission. He visited the project and the homes are attractive and will be an asset to our City. Mayor Taylor feels this proposal is an upgrade from the original proposal. He originally had concerns about the lack of access off of Hypoluxo Road but now realizes that the lack of an access makes this a better residential community. The problems mentioned by the residents will be emphasized to our Police Department in an effort to slow the traffic through the Meadows. This applicant has taken care of the Utilities' issues and he eliminated the 4,000 square foot lots. Mayor Taylor will support this project. Mayor Pro Tem Matson requested that Mr. Kilday furnish Mr. Karp with his business card so that there will be contact between them in the future. Vice Mayor Bradley moved that Nautica Sound (f/k/a Knollwood Groves PUD) master plan be determined as a non-substantial change. Commissioner Jaskiewicz seconded the motion which carried 5-0. Mr. Kilday pointed out that when he went through this process on the Nautica project, the next step was the Planning and Development Board. After discussing lot sizes and very specific changes with the City Commission, the Planning and Development Board raised all of those issues again which resulted in a second public hearing being required at the City Commission level. Mr. Kilday pointed out that there will be a closing tomorrow, and the applicant needs a reliance that the layout, lot sizes and setbacks that go with the lot sizes are part of the approval. Issues relative to the final buffering, landscaping and some of the technical issues can be worked out thrOugh with staff. However, the essential issues that allow the site plan to be developed are the lot sizes (as modified and seen at this meeting, assuming staff verifies Mr. Kilday did what he said he did) and the setbacks. Attorney Cherof advised that with respect to the issues Mr. Kilday has stipulated to, and the changes they have 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 made in response to staff comments, those matters are not subject to modification by the Planning and Development Board since they are an advisory board to the Commission. Other issues which might be raised by them which have not been discussed and are not reflected in the record of tonight's proceedings may lead the applicant back to the City Commission. Mr. Kilday requested confirmation from the Commission that he was clearly understood relative to the setbacks and lots, and that the Commission was in agreement. City Manager Parker advised that the City is not in agreement with respect to his definition of a setback. Mr. Kilday agreed to remove the suggested change in verbiage. He will use the City's term. Attorney Cherof further noted that Mr. Kilday referred to this proceeding as the master plan modification. This proceeding was simply to determine whether the changes proposed were substantial or non-substantial. Mr. Kilday confirmed that the Commission was approving the lots and the setbacks. Mayor Taylor confirmed with Mr. Kilday that he understood and agreed to correct the City Manager's problem with the screen enclosures. Mayor Pro Tem Matson explained that this is an important issue because all of the homeowners in the Meadows have been held to the same guidelines. We do not want to deviate from that position. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RECONVENED AT 8:20 P.M. IX. NEW BUSINESS: A. Items for discussion by Vice Mayor Matt Bradley 1. Boynton Beach Inlet Jetty Extension Vice Mayor Bradley brought this item forward as a result of numerous telephone calls from boaters, fishermen and pleasure boaters expressing their concern about the south Lake Worth Inlet, known as the Boynton Inlet. There are plans to extend the south jetty of the inlet and boaters have safety concerns. Vice Mayor Bradley feels the boaters' concerns are valid. Vice Mayor Bradley would like a Resolution drawn advising the Lake Worth Inlet District to study this situation especially from the perspective of the boaters. There is a dredging process which will be coming up and part of the process is hinging on the jetty being extended. There are a number of studies which are being investigated. Vice Mayor Bradley feels this issue must be studied because safety is very critical at this inlet. It is his desire to see this inlet become a navigable inlet. At present, it has been designated by the Coast Guard as unnavigable. As a boat owner or operator, your insurance is not valid as your boat is driven under the bridge and out the inlet. Stan Gundlach: representing Gundlach's Marina~ has become the spokesperson at the Inlet Commission meetings for the marine industries from the south end of the County. If the south jetty is extended, boaters with motor problems or boaters who misjudge the seas and want to return will not be able to make the turn to return. When this: issue was raised with the Inlet Commission, they responded that they could not address boaters because their charter states this inlet is strictly for the flushing and clarification of the Intracoastal Waterway. In reviewing his copy of the charter, Mr. Gundlach learned that the inlet is also there for the use and enjoyment of the people of the district. It also says commerce and shipping should be considered. Boynton has a rich commercial fishing history. In addition, the Boynton Inlet is one of the recreational jewels ]7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 in the South County. The taxpayers will gain nothing by the extension of the jetty; however, the taxpayer will provide the money to make his access to the Atlantic Ocean more treacherous. With regard to the studies, there has been discussion about the need of the south jetty to move sand from north to south. This was a study done between 30 and 40 years ago. Things have changed since then. This inlet, as presently configured, works fine and does not cost a great deal of money. The $1 million they plan to spend on the jetty could be better spent to benefit the people in the district. Mr. Gundlach urged the Commission to take a strong stand on this issue to let the Inlet Commission know the concerns. (Mr. Gundlach submitted letters from the Marine Industries Association of Palm Beach County, Inc., the Greater Lantana Chamber of Commerce, a Petition Against Extending the South Jetty of the Boynton Inlet, the Proposed Annual Budget for General Revenue Fund for South Lake Worth Inlet District, and the South Lake Worth Inlet District which are attached to the original copy of these minutes.) Barkley Garnsey: who resides at 316 S_W 1 Avenue, operates Sea Mist Enterprises at 700 Casa Loma Boulevard. His family has used the inlet since prior to 1956. It is their feeling that safety will be affected with the extension of the south jetty. In addition, the economy of the area will also be affected. His business carries approximately 20,000 people in and out of the inlet. Other businesses in the marina area also carry approximately 20,000 annually. If the safety of the inlet is affected, smaller boats will not be able to make trips resulting in loss of business. The study upon which the justification for the extension is based is 30 years old. It is based on old theories of ocean engineering. Mr. Garnsey requested that the City Commission resolve that the Inlet Commission study this further and that they do nothing to hamper trade. If money is spent, it should be spent on improving navigation and access. He urged the Commission to oppose this jetty extension because of the inlet's importance to commerce, recreation and the quality of life in Boynton Beach. Co~lsensus There was a consensus of the Commission that the City Attorney, with input from Vice Mayor Bradley and other people who have been involved, draw up a Resolution requesting that the Inlet Commission study the boaters' concerns and look at the possibility of making the Boynton Inlet a navigable inlet, and bring it back for approval at the next meeting. B. Items for discussion by Commissioner Shirley Jaskiewicz 1. lTV Site on Congress Avenue Congress Avenue has been referred to as the pr. ide of our City. A great deal of time has been spent in avoiding anything that would detract from this avenue. The lTV site is becoming a blight in this area. This site is located in an area which is zoned for multi-family residential. It has become a construction site devoid of landscaping with parking on unpaved areas. The site has bulldozers and makeshift buildings. Residents of Stonehaven have expressed concern about this complex. As a result of Commissioner Jaskiewicz discussing this site with the City Manager, Scott Blasie, Code Enforcement Administrator, investigated and submitted a report, lTV has three antennae installed on the site, one of which is 400' in height. Commissioner Jaskiewicz questioned whether this antenna had been inspected, and whether or not it met all of our safety requirements, lTV claims that they will eventually move the road building activities from the site. She is anxious to see that happen since they are encroaching the roadway. They have two trailers MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 on the site and roadway equipment practically on the sidewalk. Commissioner Jaskiewicz suggested that the Commission urge the School Board to expedite the removal of this from the area and landscape whatever remains on the site. Commissioner Jaskiewicz thanked Mr. Blasie for his investigation of this matter, and for his assistance regarding the area behind Denny's. City Manager Parker questioned whether or not Mr. Blasie had an opportunity to check with Planning and Zoning to determine if there were tower approvals in 1990. Mr. Blasie explained that Mike Haag showed him a handwritten log which showed that a part of these projects did not go through the permitting process. The School Board feels they do not have to go through that process. According to Mr. Garcia of the School Board, they set aside $400,000 for upgrading that site. The road maintenance will be leaving. They have been cramped for space and combined the Boca Raton district and our district onto that one site temporarily. The street maintenance is supposed to be relocating entirely. Commissioner Jaskiewicz feels we have tolerated this situation long enough. She feels they should move these activities either to their facilities in West Palm Beach or Boca Raton. In addition, she is concerned about the safety of the antenna towers. Mr. Blasie expressed concern about the three trailers located on the property. They are tied down with rope. Mayor Taylor suggested a strong letter be prepared for his signature to the Superintendent of Schools asking for an immediate response. City Manager Parker advised that the report was faxed to the head of maintenance this morning. She will move forward with the preparation of something stronger. Review of West Boynton Community Plan by Carl Flick, Sr. Planner - Palm Beach County Planning Division Mike Rumpf, Senior Planner, introduced Carl Flick, Senior Planner for Palm Beach County. He explained that this process has been going on for the past 2½ years, During this process, Mr. Flick has been the facilitator to the work group, the coordinator between the County and the multiple groups involved, an~J the project manager for the ultimate document. Carl Flick; Senior Planner~ Palm Beach County PI.anning~ distributed copies of the revisions which were in response to the Board of County Commissioners' Workshop on this plan. Since 1991, there has been only one other joint project with the Town of Haverhill. This is the second joint venture. This plan covers 50 square miles in unincorporated Boynton Beach. This is a policy plan addressing the overall growth strategies for this area. In working with the City of Boynton Beach, former Mayors Arline Weiner and Ed Harmening, former Planning Director Chris Cutro, and former City Manager Scott Miller, were involved in the process. Each person devoted between 60 and 80 hours of their personal time to help devise this plan. The study group was made up of 10 people. The City of Boynton Beach had three representatives. There was a representative from the Ag Reserve on the Rangeline Coalition, a representative from the Hagen Ranch Road Association, an environmentalist from the Hagen Ranch Road area, and a schools advocate. In addition, there were collaborative contributions from community organizations, Land Design Studio, Kilday & Associates, and other consulting firms. The Executive Summary is the guide for discussion. A map contained therein depicts Hypoluxo Road as the nOrthern boundary extending out to the Loxahatchee Wildlife Refuge. The southern boundary is the L-30 Canal. The eastern boundary is the City of Boynton Beach and the Village of Golf. The plan covers areas identified by the community. Mr. Flick read the Mission Statement contained on Page 9. The purpose of this plan is to provide ]9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 elected officials, policy makers, and governmental staff a tool or guide for decision making to inform them of the future development goals and vision of the people who live and work in West Boynton to produce a joint vision created, recognized and observed by Palm Beach County and the City of Boynton Beach, to highlight and address citizen-identified issues or problems of the community and maintain the strategic plan that educates as well as reflects the needs, concerns and aspirations of the West Boynton community. The two major goals were identified as follows: Maintaining the present quality of life; and determining the future for the area which is most compatible for the City of Boynton Beach and Palm Beach County. One of the first reasons for the preparation of the plan was the perception of rampant strip commercial occurring in the West Boynton area. COBWRA asked the County to address this issue. What was determined was that perception does not always match reality. In addressing this issue, a determination had to be made relative to: 1. How do you protect the commercial which is already in the City of Boynton Beach; and make sure there is not overbuilding of commercial in the areaS which are now building to the west. The group set upon a strategy to control commercial. That strategy did not work. There are already commercial nodes at major intersections in West Boynton, some of which are built out. Other nodes are not completely built out. They average in size from 200,000 to 250,000 square feet. Through this policy guide, the group is attempting to limit how much commercial can be placed at successive intersections. By doing this, a situation of shops closing in downtown Boynton Beach or along Congress Avenue will be diverted. The plan presents guidelines on how this would be accomplished. For example, if you are east of Jog Road and you are an identified commercial node in the plan, the aggregation can be as much as 300,000 square feet. If you are west of Jog Road, the aggregation cannot exceed 200,000 square feet. The other approach taken by the plan relative to commercial development is an old approach which has resurfaced. This involves mixing land uses in order to connect them to reduce the need to widen roads and alleviate any problem with people getting around. Such a plan would promote mass transit, biking and walking. This plan also talks about collector roads. When a resident leaves the PUD through a guard-gated community, he must load onto the roads presently available. There is no alternative other than to use the same route everyday. The plan talks about connecting stub streets to allow greater mobility options. Additional parks are discussed as well as aggregating health care facilities for campus-style medical facilities. Schools, the natural environment and ways to preserve the aquifer are also discussed. This plan also discusses identifying West Boynton by use of signature trees and landscaping on the perimeter and medians of the roadways. The relationship between Palm Beach County and the City of Boynton Beach will be enhanced by use of this plan. This will assist in reducing fear of those who will be annexed into the City of Boynton Beach. In addition, 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 if Palm Beach County and the City recognize the plan, it will become a policy for both the City and the County. At the Board of County Commissioners' Workshop meeting on August 22, they identified several areas requiring revisions. The revisions involve clearing up any and all land use procedures. Section 4 of the document deals with recommendations. The Board directed staff to make sure that recommendations dealing with the City of Boynton Beach are advisory only. They wanted to make certain that the language was requesting or guiding in nature. Mr. Flick reiterated that this is strictly an advisory plan which does not conflict with the City's decision making capabilities. The Board of County Commissioners is very interested in the City's remarks. Mr. Flick will take back those concerns to the adoption hearing scheduled for October 3, 1995. They do hope that the City will look favorably on this plan. Mr. Glick advised that the plan is adopted by Resolution, not by Ordinance. Palm Beach County wants this to be a guide. The final chapter of the plan lists the items which will be implemented. Commissioner Rosen questioned whether or not there is anything similar in nature and structure to COBWRA in South Florida. Mr. Glick responded negatively, but stated that West Boca's organization approaches COBWRA. Commissioner Rosen inquired as to how this plan is implemented. Mr. Glick advised that each of the recommendations in the plan will be implemented in one way or another. There are components of the Plan which will amend the Comprehensive Plan. Mayor Pro Tem Matson is impressed with the report. However, she expressed concern with a plan that supports the need for a high school in West Boynton before a high school within this City. There were COBWRA residents as members of the City's Education Advisory Board until the time that the issue of two high schools was raised. Then there was a distinct split between the City and COBWRA. Mayor Pro Tem Matson would be remiss in her duties as an elected official if she did not bring up this important issue. She supports the fact that no one wants strip development, and everyone wants transportation. She agrees that schools and parks must be developed, and while she supports this plan, her constituents come first, and the need for the high school within municipal boundaries is of the utmost to her. Mr. Flick explained that facilitating a group of 10 people was quite a chore. On the issue of high schools, the group was split. The issue resolved itself because both school sites were selected. From the perspective of the plan, the issue became moot because both viewpoints prevailed. Mayor Pro Tem Matson stated that there is definitely a need for both high schools, but she would not be able to suggest the western one over the eastern school. Vice Mayor Bradley understood the plan to say that with regard to schools, the City and COBWRA will attempt to communicate and do the intergovernmental process in the best interest of all residents of the area. Mr. Flick explained that when it comes to schools, the plan is intentionally vague. The Board of County Commissioners has its jurisdiction and it is not The School Board. In any of the plan's recommendations, when it Comes to schools, they are suggestions only. With regard to community centers, Mayor Pro Tem Matson questioned whether there will be intergovernmental coordination. Mr. Flick responded affirmatively. ViCe Mayor Bradley feels the plan is well put tOgether and thanked staff for the comments provided. He referred 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 to the intersection of Military Trail and Boynton Beach Boulevard, and pointed out that the commercial nodes, with the exception of one corner, are entirely built out. He does not feel that the limits on commercial development will hold back "the stampeding horse". Mr. Flick stated that in addition to stating how big the commercial development should be, it also states where it should be located. Commissioner Jaskiewicz inquired as to whether or not the revisions have yet been adopted. Mr. Glick responded negatively. Her original concerns were with Recommendations 65 and 66 which were already addressed. Commissioner Rosen requested additional time to review the plan more carefully prior to voting on it. Mayor Taylor had concerns relative to Recommendations 32 and 66, which were addressed. He is comfortable with this plan. Commissioner Jaskiewicz is comfortable with this plan with the revisions in place. Mr. Flick advised that he would take these suggestiOns back to the Board of County Commissioners. He further advised that printing of additional plans was delayed until after this meeting. He will move forward with the printing of the plan tomorrow and transmit it to the Planning and Zoning Department. The newly-printed plan will incorporate all of the revisions. City Manager Parker suggested putting this plan on the agenda for the September 19, 1995 City Commission meeting. Mayor Taylor pointed out that if the City accepts this plan, and then the County makes a change, the City would not be aware of the change. Mr. Glick stated that the County is now prepared to adopt the plan with the revisions presented. He does not anticipate additional changes. Commissioner Jaskiewicz questioned whether or not the Commission could vote on it subject to any revisions being accepted. Consensus There was a consensus of the Commission that they like the plan with the changes which have been brought forward. The Commission will study it further. D. Request authorization to rename NW 31st Terrace to Collins Way Mayor Taylor advised that employees at the post office would like to memorialize a recently-deceased postal employee by renaming this street in her honor. Mayor Pro Tem Matson did not have a problem with this request, but suggested renaming the street Collins Lane instead of Collins Way. A member of the audience stated his opinion that he did not believe the employees would have a problem with that change. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Motion Commissioner Jaskiewicz moved to change NW 31st Terrace to Collins Lane. Mayor Pro Tem Matson seconded the motion which carried 5-0. E. Downtown Marina Project Proposed Resolution No. R95-143 Re: Authorizing Mayor to sign option contract to purchase Watersedge Marina City Manager Parker reported that Watersedge Marina is owned by a development group whose primary partner is Mr. Garcia from Virginia Beach, Virginia. Mr. Garcia has had a variety of plans to develop this property but has not moved forward. This property serves as the linchpin for the downtown revitalization. The recommendation is that the City step in to speed the process along and find a developer who is interested in developing the property in the way the City would like to see it developed. Staff is seeking authorization to negotiate a proposal with Mr. Garcia that would give the City control of the property so that we can begin to market it to determine if there is an interest in developing it, and to structure it so that the City Commission has sufficient outs so that if they did not like any of the development proposals, or if no developers appear, the City could back out of the program with no liability or cost. The contract is an option contract to purchase the property which puts the property under the control of the City for the next 120 days. During that time, we would solicit developers to see if anyone is interested in purchasing the property from the City and doing a mixed use development including residential, entertainment, restaurants, retail shops, a hotel, and parking garages. The pertinent points of the contract appear on Page 25 under Section 21. This contract is contingent on the fact that the City is satisfied with its due diligence investigation. An environmental audit will be conducted. There was a petroleum spill on the property during the last two years. The County is monitoring that and the clean-up effort associated with the spill. The contract provides that Mr. Garcia is liable for all associated permit and clean up costs. The contract is also contingent on the ability of the City to get clear title on the property. We are currently out for two appraisals required by State Statute. The appraisals will be completed by the end of the week. The appraisal must indicate that the value selected is appropriate for the property. We are proposing $2 million as the purchase price of the property. The City will prepare and publish the RFP and that the City has the sole right to reject any and all proposals if we do not like the RFP submitted. In addition, Section 22 states that "the City, in its sole discretion, can declare this agreement null and void provided it makes such declaration no later than 120 days from the date of execution of this agreement by both parties". Authorization to solicit Requests for Proposal (RFP) for the Downtown Marina Redevelopment Area The second step would be the RFP to develop the property. The RFP has been flexibly structured to give developers an outline of what the City would like to see on the property without tying them into square footages, buildings, and sizes. The City is asking for financial information, references and any information which will allow us to verify the credibility and financial stability of developer to complete this property quickly. A question was asked relative to how the City plans to purchase this property. Page 30 of the RFP discusses that question. It reads, "The City intends to assign the current option contract to purchase the property to the selected developer". As part of the RFP responses, the proposer will submit an acceptance and assumption of the purchase 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 and sale contract. The minimum purchase price for this contract is $2.5 million. "The proposed timetable anticipates closing on the property prior to December 31, 1995, and the successful proposal should state the ability of the developer to meet this timetable". At this point, with Commission approval, ads would be placed in the newspapers in the Miami, Orlando and Tampa areas to solicit developers who are interested in this project. Mayor Taylor explained that a few months ago, he sat down with the City Manager and Ann Ford to discuss the marina project. A meeting was arranged with Mr. Garcia to determine his plans. It was clear that he intended to downgrade the development anticipated by the City. Through discussions, we realized that if the City owned the property, the City could decide the type of development. Through negotiations, a solution was reached. The City believes there are people willing to develop this project. City Manager Parker has done an outstanding job of protecting the City. Mayor Taylor is very excited about this opportunity. Commissioner Jaskiewicz inquired as to whether or not a four-month time period is sufficient to get a commitment from a developer. City Manager Parker advised that this was the length of time the City was able to negotiate with Mr. Garcia. If necessary, the City could request an extension. Commissioner Jaskiewicz advised that Ms. Ford has spoken with three or four developers who were very interested in the property. She questioned whether those were the developers the City had in mind for this project. Mayor Taylor responded affirmatively. Commissioner Jaskiewicz questioned whether it is the responsibility of the seller to get title insurance. Attorney Cherof responded negatively and advised that the seller must initially provide the information regarding title. The obtaining of and payment of the policy is the responsibility of the purchaser. Commissioner Jaskiewicz pointed out a typographical error on Page 2 of 31 of the contract under Section 1.3, "ClOsing Date". The date should be corrected to read, January 15, 1996. Vice Mayor Bradley believes this is a good step forward with the City being protected. The marina project is imperative to make Ocean Avenue the place the City wants it to become. He supports this project. Herudetta Solomon read in the newspapers that the City plans to purchase this property for $2 million. She questioned where the $2 million will come from. Attorney Cherof explained that at the closing of this transaction, the City will not actually take title or pay any money. The successful proposer to the RFP will sit at closing and take assignment of the contract and become the purchaser. Jaoet Hall lives next to this property and is aware of the problems on this property. She feels it is refreshing and encouraging to see the City take a problem and come up with a solution for it. She is hopeful this project will finally get off the ground. Mayor Pro Tem Matson reported that she received a phone call on Friday from The Palm Beach Post relative to this issue. She had not received her agenda packet at that point, and was unable to provide any information. She is concerned about the fact that the Downtown District Coordinator had gone over this issue with everyone else on the Commission while she has had difficulty trying to get phone calls returned and memos answered. When she asked for information on this project, she was told there was no folder of information available. When she questioned the names of potential developers, she was told no one knew who they were. Mayor Pro Tem Matson 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 was concerned that Ms. Ford was not present to bring the project forward and answer questions. This is a project she has believed in since 1989, and has voted for every extension. As a member of the CRA, when properties are purchased, a great deal of information is available. She has a Problem with the way in which this issue is being presented. Commissioner Jaskiewicz explained that her office is in the same complex as Ann Ford's office. She has been asking Ms. Ford about the marina project since March when she took office. Commissioner Jaskiewicz stated that she knows quite a bit about this project from the weekly meetings with the City Manager who has kept the Commissioners updated. City Manager Parker apologized to Mayor Pro Tem Matson for having to reschedule their last meeting. At that point, she would have been able to provide a more thorough update from the original discussion. Commissioner Rosen stated that he attended the charrettes from the very beginning, and finds it unbelievable that all of the Commissioners are not familiar with the project as a viable possibility. This has been going on now for almost a year. He has had positive discussions with the Downtown District Coordinator, but he was not privy to certain information. He was given the same amount of information everyone else was given. Mayor Pro Tern Matson said she also attended all the charrettes. Her concern was with the fact that the Downtown District Coordinator was not present to answer the questions she is entitled to ask. She has heard that there are four developers. She wants to know who they are. Mayor Taylor agreed that Ann Ford should have been present for this meeting. However, he was the person working on this from the beginning. He requested "tight lips" on this issue because there was no deal until Mr. Garcia's signature was in place. It is important to deal one-on-one without word getting out. Commissioner Jaskiewicz agreed that there is a certain degree of confidentiality that must be maintained in a situation of this magnitude. Motion Vice Mayor Bradley moved to approve Resolution No. R95-143. Mayor Pro Tem Matson seconded the motion. AttOrney Cherof requested that the body of the contract be amended to reflect an effective date of September 8, 1995, rather than September 6, 1995. Vice Mayor Bradley and Mayor Pro Tem Matson agreed to the amended motion. The motion carried 5-0. Mayor Pro Tem Matson requested that verbiage be changed on the anti-kick back affidavit to read as follows: "Depose and say that no portion of the sum herein bid would be paid to any current or former employees, agents, or independent contractors within the past 24 months of the City of Boynton Beach.', The remainder of the verbiage should remain as written. Attorney Cherof confirmed that this would be an appropriate amendment under the circumstances. Motion Mayor Pro Tem Matson moved to insert this verbiage. Vice Mayor Bradley seconded the motion which carried unanimously. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Setting date and time for Joint City Commission/Chamber of Commerce Workshop for September 11, 1995, at 7:00 p.m., in the West Wing Conference Room 1. Suggested topics for discussion: There was a consensus of the Commission to hold this joint workshop meeting at 7:00 p.m. on September 11, 1995. IX. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O95-28 Re: Land use Amendment - Lake Worth Christian School (Required document not submitted as yet) ............................................................................................... TABLED Proposed Ordinance No. 095-29 Re: Rezoning- Lake Worth Christian School (Required document not submitted as yet) ................................................................................................ TABLED City Manager Parker advised that Lake Worth Christian School does not yet have the easement document signed. She requested that these two Ordinances remain on the table. Proposed Ordinance No. O95-31 Re: Expand membership of Adjustment to add three regular members .................................. TABLED RECOMMEND TABLING UNTIL AFTER WORKSHOP IHEETING Board of City Manager Parker requested that this Ordinance remain on the table until after the workshop meeting. B. Ordinances- 1st Reading: 1. Proposed Ordinance No. O95-32 Re: Authorize amending Utility Deposits Attorney Cherof read Proposed Ordinance No. O95-32 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. O95-32 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. Proposed Ordinance No. O95-33 Highway (Gentleman Jim's) Re: Land Use Amendment- 2404 S. Federal Attorney Cherof read Proposed Ordinance No. O95-33 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. O95-33 on first reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. o Proposed Ordinance No. 095-34 (Gentleman Jim's) Re: Rezoning - 2404 S. Federal Highway Attorney Cherof read Proposed Ordinance No. 095-34 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-34 on first reading. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. 4o Proposed Ordinance No. 095-35 Re: Comprehensive Plan Text Amendment- 2404 S. Federal Highway (Gentleman Jim's) Attorney Cherof read Proposed Ordinance No. 095-35 by title only. Motio~ Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-35 on first reading. Mayor Pro Tern Matson seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. Proposed Ordinance No. 095-36 Re: Comprehensive Plan Text Amendment- Table #24 (revise table to show correct maximum density for special high density residential classification as 20 units/acre) Attorney Cherof read Proposed Ordinance No. 095-36 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-36 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. C. Resolutions: Proposed Resolution No. R95-144 Community Plan Re: Supporting the West Boynton Attorney Cherof read Proposed Resolution No. R95-144 by title only. Vice Mayor Bradley moved to table Proposed Resolution No. R95-144. Commissioner Rosen 'seconded the motion which carried unanimously. Proposed Resolution No. R95-124 Re: Request for surety release - Boynton Lakes Plat 5 ............................................................ ,....TABLED Motio~ 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Mayor Pro Tem Matson moved to remove this Resolution from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Attorney Cherof advised that he had hand-delivered to him a check payable to the homeowners' association as was previously requested. It is tendered to him in escrow pending release of surety and acknowledgement of same. Motion Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-124. Vice Mayor Bradley seconded the motion which carried unanimously. D. Other Legal Opinion on Board of Adjustment Duties and Responsibilities ................................................................................................ TABLED City Manager Parker requested that this item remain on the table Until after the workshop. 2. Approve General Liability Settlement - Marlene and Ronald Rooks MotLon Mayor Pro Tem Matson moved to approve. Commissioner Rosen seconded the motion which carried unanimously. 3. Lien Reduction for Code Enforcement Case - William & Judy Hill City Manager Parker advised that Mr. and Mrs. Hill telephoned late this afternoon to advise that they were unable to attend tonight's meeting. They requested that this item be placed on the September 19, 1995 agenda. Motion Vice Mayor Bradley moved to table. Mayor Pro Tem Matson seconded the motion. MaYor Taylor questioned whether or not Mr. and Mrs. Hill were required to be present. Mr. Hawkins advised that they have a right to give testimony. There was a consensus of the Commission that the lien should be reduced to zero. Vice Mayor Bradley moved to release the lien as per the Code Enforcement Board. Commissioner Rosen seconded the motion which carried unanimously. City Manager Parker confirmed with the Commission that their desire was to reduce the fine to zero. 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 X. UNFINISHED BUSINESS: None Xl. CITY MANAGER'S REPORT: None XII. OTHER: Commissioner Jaskiewicz requested that City Manager Parker attempt to set the joint workshop meeting with the Chamber of Commerce for 5:00 p.m. There was agreement among the Commissioners that they would all attend the 7:00 p.m. meeting if it could not be rescheduled for the earlier time. Commissioner Jaskiewicz commended the Commission for taking steps to move the marina project forward. XIIi. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:05 p.m. CITY OF BOYNTON BEACH Mayor ATTEST: City ~lerk (/j~cording Secretary -rapes) ...,~ (~.~/~~ Tem ~~//~ Commi~er S:\CC~W P'qvll N UTFS\COMM\090595 .WPD 29 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS SEPTEMBER 5, 1995 III. CONSENT AGENDA D cc: Fin, Util, Rec AERIAL DATA REDUCTION ASSOC. INC ....................... $ 21,519.00 Automated Design Base Mapping Pay From W & S Util Rev Fund -- 421-000-0-690-21 $10,759.50 Pay From W & S Util Rev Fund -- 421-000-0-691-21 $10,759.50 CROM CORPORATION ...................................... $117,597.77 P.O. 7158. Storage Tank Construction, Payment #15 Pay From 1990 Construction Fund -- 409-000-0-690-10 Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 2,201,780.00 0.00 1,712,299.51 117,597.77 371,882.72 ERNST & YOUNG LLP ......................................... $14,000.00 Second Interim Billing for Professional Services Rendered. Pay from 95-96 Budget. Pay from General Fund--001-131-5-466-00 GOITIA & MICHUDA, INC .................................... $12,100.00 Water Main Construction - Military Trail to the E-3 Canal. Pay From 1990 Construction Fund' -- 409-000-690-10 e INSITUFORM ................................................. $ Resurfacing Boynton Beach Boulevard Pay from Utility Capital Improvement Fund--404-000-0-691-10 78,036.00 JOHN C CASSIDY, INC ......................................... $ 139,808.83 City Hall Complex HVAC Modifications Pay from Public Service Tax Constr--301-194-5-634-12 Original Contract Change Orders Payments to Date Current Payment Contract Balance $ 861,703.00 3,471.00 312,051.15 139,808.83 584,327.97 COMMISSION SEP ~ APPROVAL e ROSSO PAVING & DRAINING, INC .............................. $ Community Development Block Grant Area #1 - Phase III Pay from Federal Grant Fund-- 105-513-5-463-00 25,729.96 SOUTHEASTERN PUMP ...................................... $10,496.00 P.O. 9865. Emergency Replacement Inventory Pay From w & S Rev Fund -- 401-352-5-433-03 THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. ~ANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER COMMISSION SEP 5 APPROVAL The Death of Public Tennis in Boynton Up to four years ago we had a great public tennis crowd in Boynton Beach. Forty or more people who loved the game and each other shared time, everybody got to play. Then the Library chopped off two courts to expand its parking. It should have been north closer to the door to connect with Civic Center mostly vacant parking spaces during daytime hours. Then'came the Arts and Crafts building that wiped out the remaining four courts. This writer has gone through the new building 12 times in recent months, morning and afternoon. Nine times there were only two people sitting at desks in different rooms apparently on somebody's payroll. One time there were a dozen tiny kids seated on the floor like a day care center, one room only.. One time there were twenty or so kindergarten-aged kids in little chairs around low tables doing cutouts or something, one room only. One time there was a teen aged group in the north west room only. 'The biggest boomdoggle of all may be the shuffleboard sixteen courts surrounded by empty parking s~ace. This writer has~ checked there fifty times. One time the courts were full, apparently an annual tournament. One time four people on one court,~ two on another, half a dozen times two people playing shuffleboard, 15 courts vacant, vast empty parking space. Annual tournaments could be held at Caloosa Park. Someone in the Recreation Department sent us a letter listing 2 courts here, 2 courts there, 2 courts, 2 courts and 4 courts at Caloosa Park way out in the boondocks. This is not a tennis center. Some of the courts are in unsuitable locations. No one wants to play on the Galaxy School courts next to heavy traffic on B B Boulevard. A few of us old timers have held out at 2 courts at Pioneer Park. Have you seen them? We have been repairing the nets with cord for two years. The courts hold.ponds. Not only rain water.but sprinkler water. We have~a rag rug 6 ft by 8 ft we drag through the pools East-West and then North South, then wait ten minutes for the wetness to dry. They need to be resurfaced so they will drain. Numerous promises by the Recreation Department have produced nothing. Your top tennis guy is devoted to the rural membership club on Congress Avenue and getting rich giving private lessons. August 25, 1995 ~u~an Crabtw~, P~ldo~t Jack Ca~,ntor, P~ld~nl.El~ I,ANTANA TOW~ COUNCIL (40~ ~.~{~ K tim Ills P01 konen, Vi ~-l'~id ent TI ]E TROI,IC SI lOP (40~ ~:lty tHnsham, Treasuror I.,ANTANA T~VEL Debble ?t, AMERICAN CANCER~IE~ (407~ Ex~cutivo l)l~tor (4O7) ~-~ ~994 - l~S Board Membe~ Marlo IX. an PAI.M I}EACI (407) 820 3418- Mark l~ton 7ql{ I .A KE WORTI I l I ERA LD ndy G,rm, r {l~kT ~)UTIt~RN CapL }~b llt~dl~U TI fi! OI,D 110U9E R~kqTAURANT (40~ 533 Tim Kacz~ea I.ANTANA Mr, Edwin H. Shepherd and Board of Commissioners South Lake Worth Inlet District P. O, Box 3465 Lantana, Florida 33465 Via Fax 969-982~ Dear Commissioners: We, the Board Members representing the business membership of.the GREATER LANTANA CHAMBER OF COMMERCE do support safe ocean"access in our community and OPPOSE the project to lengthen the South jetty of the South Lake Worth Inlet. Apparently when the original extension plans were drawn up some 30-40 years ago, the concept was the extension would prevent beach erosion from the South. Also, AT THAT TIME, the inlet was not intended for navigation° But, Oh have things ct~anged! Now, in 1.995, we (407) F~5.79M RolwriMcGill have no evidence that this extended Jetty wi.Il ROBERTMcGII,I.AIRCONDITIONING have any effect on erosion to the South and (4(~)5~0 the inlet, is used daily for navigation with many Kar~n Miller · -TRADE~IM~AVIA~ON busJnesnes and cities depending on it. leffroy~har~ Our local economy would suffer tremendously if FI RST UN K IN NATIONA 1, BAN K (4~533-76~ We did not have a close, safe access to the ocean. Imwron~ D, ~hleter TIIEFACTORY Therefore, we cannot, in all good conscience, Ml~.~nt allow this project to be completed without officially ICECREAMCI.UB and strongly voicing our opposition. (407) Ken ~aquisl Pairon We a, ak that you reconsider, and vote to end any (4oD~· / attempt to renew permits for the extension of the Mack Stephenson MACK~T~pIlEN~NFONE~LHOME South jetty of the Sou~h Lake Worth I~le~ C. thy W~tf Sincere ly ~}~Pi I W~LF REA 1.~ ~4o~ 5~.5551 W~yne W~gld ,WRIGI ITI(OUSE SUBS {40~ ~-~ Susan Crabtree, president Executive DireCtor 212 Iris Street, Lantana, Florida 33462-3219 * (407) 585-8664 S~uth Lake ¥ort~ Inlet District August 19,1995 Page Two The safety, convenieace, comfort, and welfare of the over 300,000 anmual users of the inlet would be.advermely affected by t~e eztenelo~ of thm south Jetty and the elimtnmtto~ of ~he sheltered safe zone, The economy that now flourishes due to the curremt oceam ac¢~ms of the S~uth Lake ¥ort5 Inlet would be crippled if the access i~ made less and more hazardous by %he ¢on~tr~ctlon of the extension of eouth J~tty. Charter boats, drift boats, dive boats, mmrinas, bait ~ tackle shops, dive sh~ps, marine electronic and ~ep~lr facilities would be directly affected, The tourist driven ecmnomy of the area, restauraat~, motels, a~d specialty shops would also be adversely affected, Please rmconmider, and vote to eAd aAy attempt to reuew permits for the extension of the south Jetty of the South Lake ~orth Inlet. Thank you for your oom~ideration and understanding, ~t ncc re I y, Chrim Nodge Presidemt cc: NIAPBC Board of Directors MARINE INDUSTRIES ASSOCIATION OF PALM BEACH COUNtrY, INC. P.O. Box 1266I, Lake Park, Florida 33403 407/624-9092 BOATING. The Lifestyle of Palm Beach County ~dwin ~, ~h~ph~rd Board o~ Commissioners South Lake Worth Inlet District P.O. Box 8405 Lantana, FL 3346S ~ia fax 96~-9824 August 19,19~5 The member~hip of the Narine Industries Association of Palm Beach County, Inc. supports safe ocean access and opposes the project to lengthen the south jetty of the South Lake Vorth Inlet, The Inlet's purpose, chartered by the State of Florida in 1915, and built ta 19Z7, is to con,eot the waters of Lake Worth with the Atlantic Ocean, considering the health, convenience, comfort and welfare of the district's inhabitant~. Directly expressed iu Section 5, t/aragraph "C", is that the board is to give dom consideration to the convenience which will result in the in~bitants of said District in ~$1a~said inlet or waterway. The current inlet configura~ion was reviewed in 19~4-75 when ~he fixed bridge was replaced acro~ the Inlet. The inlet co~trolling depth wa~ improved and the controlling horizontal and vertical clearances were established for the expected life of the new brid~e. ~ntil ~¢h time as the Inlet should be widened and deepened, the South Jetty mhould nut be lengthened because its current length provides an area for boaters to evaluate inlet bar oondition~ prior to committing to ~xlt over the inlet bar. This area offers the mandated convenience, co,fort and expra~lon of ouncern for the health and welfare of the inlet ~eers. If t~e so~th Jetty extension is built thim area would be lost. Bimtory has shown (196~ to 1995) that the ezlmttng South Setty has no% been a muJor factor in beach oondttio~ to the south or in inlet bar size. Palm Beach County, iu pushing its ~each fill project to further widen the beaches of Ocean ~fdge mays the South 3etty ~ mot a factor. It may be a factor if excess beach width~ are co~structed, a~ a result the Oou~ty is proposing an extensive groin field south of the I~let, Re~ardle~s~ extending the Inlet ~outh 3etty is not warranted given the mandate of the Inlet District Charter. ~htle the benefits of the extension are nfl or questionable at best, the adverse effects are known. · ot/rn [.AXE PALM IlEa. CH COUNISI. Tek ~/~9~ ru: IX. NEW BUSINESS A.1 cc: Recreation SOUTH ~KE ~OA?H XHLET DXGT~XCT ?s30 ~.m. CeLL Co Order 2. Plede® of S, ~O~ntl fr~ 6. CommLse~oner Re~r~n on Heat/neB Attended ~rLno ~rLor Konth 7. DLo=u~ Ex~e~Lon i. EneLnNr't ~eport 1, Send trIMfer ~llnt b. Bui k~ed c. ~nore~ 9, A~torney'l Report 1o. [xecut~vo Secre~iry'i Ro~ort ~, Other agenda and d~ocuooLon. e/~4/96 eoonS~9$ I . Depa ,nent of Enwronmental .Protection Governor Marler~ ~ntm~ Ooulfu 8~ldl~I 3900 CemmorlweaJL~ 8oulevard Tallahassee. Florida 32399-3000 3323 Belv~ege goad, Building 603 wes~ Palm Bea0ht Florida 33406 Dear RiGhard~ August 14, 199S Attached'is a ll8t or concepts identified et our meeting on ~une 8, 1995, which mhould be addressed as par~ of any set~lement st: the South Lake Wor~h Zn~e~ case. | ! Will ¥ou'will please take theq4 concepts to you= respective Board~ for conaLderati92and le= me know i~ they w/eh ua to.mode ?rward in noqo~ia~ion of same. Z am ~o~r~/ ~or the delay in getting this to ~ou; I will ~:y ~o do better in tho future. s~ncorely,  Gre~n, III cretary KBG/bt' Knclosure cc + Eno= A~ Devereaux Bob~ Bran~lM | "Prorec~ Conserve end A4nm~ge F/or/ale's ~,'/tom~enc ned ~g~ral Rc~o.rcc$" I : ,: I Protect~bn Project ~n #lthin t~o yesrl ~rom the execu~£on o£ the settlement agreement, an ~nlet Management Pla~ lhaL1 be completed. The P[anjshKZ! include a the ~nle~ send bypassing plant and extension of the A1X par~ee ~hal~ have en oppor~unit¥ to development and.~Vndinq ct khe rnle~ ~anagement Plan. All part,es shaLX suppor~ the Implementation o£ the adOp~ed ~n~et Hanaqement P~an, During ~velopuentof the Znlet Hanaqe~ent Plan, the ~tate will ~mpo~e no volU~etric requiremen~s on ope~atlng ~hs sand. bypassing plan~. AIl parties agree that a single entity should be resP°n~i~l~ £Or o~ne~ship, operation and funding o~ the sand trans~er plant. 'o The Cou11.~¥ shall be responsible for removal o~ sand that accumula.~es in the Sou~h Leks Worth settlomen~ basin ~hich iAI attributable ~o ~he Ocean Ridge Shore Protect/on The Ocean Ridge Shore ~rotection Pro~ec~ sha~l'include uddLttonal beach ~£11 quan~it£es to ~ainta£n sand b~paaa2nb until devolopnen~ si the inlet management plan and rein~t£tut£on o~ mschanioa~ sand bypassing. 8/14/95 GEORGE 1~. ~J~ROST RZOmT~.REn pRO~StONAr. POST O~CZ ~X 2675 REMARKS TO THE SOUTH LAKE WORTH INLET COMMISSION 21 August 1995 Mr. Chairman: If it is agreeable to you, and acceptable to the other Commissioners, I request permission to make some opening comments, which remarks, I hope, will set the stage for a more lucid and direct discussion of the disparate views of both the Commission and those attending the meeting. I review my background only for new arrivals in our Community; most people who have been here twenty or more years know it well ! I am a lifelong Floridian - - growing up in Dade, migrating to Duval for a short stay after college and during the Korean War and then for the past forty (40) years in Palm Beach County. I have been a small craft owner and operator continuously since 1936 ( .WW II excepted) and have had the opportunity to transit most if not all of the inlets on the lower East coast of Florida (swamped in two of them!). I have operated small craft in other places in the world such as the far Pacific, the Mediterranean as well as other locations in the Atlantic and Gulf of Mexico. My forty (40) years in the Navy and Naval Reserve has given me ample exposure to seamanship, boat handling and maritime laws. I was awarded retired status as a Captain in 1982. Since 1954, as a Professional Engineer, I have been heavily involved in the construction, maintenance and operation of a wide variety of coastal elements, including those at the South Lake Worth Inlet. LAKE WORTH 7 NORTH DIXIE HIGHWAY LAKE WORTH, FLORIDA 33460 8ARB&RA A. FOR8YTHE, CMO CITY CLERK TELEPHONE (407) 680-1602 FAX (407) 886-1780 August 17, 1995 C-4 FROM: DATE: SUBJECT: ALL CLERKS OF PALM BEACH COUNTY MUNICIPALITIES BARBARA A. FoRSYTHE, CITY CLERK ~ August 17, 1995 RESOLUTION NO. 74-95, OPPOSING EXTENSION OF SOUTH JETTY AT BOYNTON INLET The Lake Worth City Commission adopted the enclosed resolution at its Regular Meeting held on Tuesday, August 15, 1995. The City of Lake Worth urges your serious and favorable consideration of this resolution opposing plans to extend the Boynton Inlet Jetty. Encl. (1) BAF/pmb - cc: City Manager RECEIVED RESOLUTION NO. 74-95 OF THE CITY OF LAKE WORTH, FLORIDA, OPPOSil EXTENSION OF THE SOUTH JETTY AT THE BOYNTON INLET; EFFECTI~ 74-95 THi WHEREAS, the South Lake Worth Inlet District is proposing the extension of the south arm of the Boynton Inlet Jetty; and WHEREAS, the extension will endanger the lives and property of boaters; and WHEREAS, residents of all communities in Palm Beach County use this inlet; and WHEREAS, the stated purpose of the extension is to renoudsh the beach, however there is no conclusive evidence that this project will accomplish that purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LAKE WORTH, FLORIDA, that: Section 1. The City of Lake Worth is opposed to this extension. ~ The City Clerk of the City of Lake Worth is hereby directed to send copies of this Resolution to all municipalities in Palm Beach County. -- Section 3. This Resolution shall take effect immediately upon its passage. The passage of this Resolution was moved by Commissioner Ramiccio, seconded by Commissioner Clager, and upon being put to a vote, the vote was follows: Mayor Rodney G. Romano ABSENT Commissioner Retha Lowe AYE Commissioner Robert E. Dovey, Jr. AYE Commissioner Tom Ramiccio AYE Commissioner Lloyd A Clager AYE The Vice Mayor thereupon declared this Resolution duly passed and adopted this 15th day of August, 1995. ATTEST: Signed this I ~'~ day of t~l~_z~x.~/' d // C~._~ Clerk Submitted: August 15, 1995 LAKE W(j, ~H~ . - . By: / / Y COMMISSION Vice Mayor slwid895 pg 2 "Prior to 1918, Lake Worth (lagoon) had no direct communication to the Ocean." (1) The State Legislature in 1915, with companion enabling laws authorized the creation of the Lake Worth Inlet District and the South Lake Worth Inlet DiStrict. The Lake Worth Inlet (LWI) was opened as a local effort between 1918 and 1925; federal sponsorshiP commenced in 1935; this inlet was "Created for commercial and pleasure craft usage" (1) It is to be noted that LWI enjoys all the safety features of a navigable inlet, including bouys, lights,, ranges, bar pilots and a published maintained depth. The South Lake Worth Inlet (SLWI) was constructed in 1927 essentially to it's present configuration, except for the 1965 improvements. "The primary p~rpose of this inlet was to create a circulation of water in the southerly end of Lake Worth therebY alleviating a stagnant water condition." (1) It should be noted here that federal navigation charts as well as signage at the Inlet indelibly warn of hazardous conditions at the inlet and it's unsuitably for navigation under certain conditions. It is my view as one Commissioner, that I have an Obligation to serve the full constituency of the district, and not confine my concern to a special interest group who fear a problem; this district includes 160,000 plus voters, 300 plus square miles and approximately 350,000 residents. My review of the jetty designs evaluated in the model basin at the University of Florida Coastal Engineering Laboratory, circa 1965, my experience as professional engineer on coastal projects, my opinion on what I perceive as our principal mission as an inlet district coupled with my long local experience as a boat ha~ndler all lead me to the view that completion of the 1965 jetty design, which design was selected by highly qualified engineers with a lifelong studY of the subject, will produce the best fiscal efficiency for the District, will produce the best flow through the inlet, wiii' furthur reduce flood tidal deposition and furthur enhance natural sand bypassing. siwid895 pg 3 ! should note in closing, that I am not emotionally wedded to the completion of the South jetty - - - if it is the will of the majority to again reverse course, so be it ! The advances in flushing and bypassing has thus far been substantial and commendable and should be appluaded by those with a cleaner Lake and those with a better beach to the South all the way to Key Biscayne. Lastly ! cannot concur with my small craft friends Who opine that the completed South jetty will furthur exacerbate navigational conditions - - - this is a dangerous foul weather inlet and is unforgiving of imprudent and dangerous acts and those who persist in transit assume the risk and should provide themselves with ample life and liability coverage - - -boats foundered before and after the 1965 improvements and will do so in the future - - - our society, unfortunately contains a number of bungee jumpers ! Mr. Chairman, when the debate is concluded for the evening I may have a suggestion for resolution. Thank you for your indulgence. (1) Corp of Engr US Army TechMemo. 42 0 0 0 o o 0 0 o o o 0 0 o 0 0 o 0 0 0 0 o o 0 ~ 0 o 0 ~ 0 0 o 0 0 0 o 0 0 0 0 o 0 0 0 0 o 0 0 0 o ~ 0 o o ~ 0 0 o 0 0 ~ ~ 0 0 ~ 0 0 0 0 0 o 0 0 0 0 0 0 0 00 0 0 0 o o 0088000080 0 0 0 o 0 0 0 (II~4BS 0 0 o o 0 0 0 0 0 0 0 0 0 L~ 0 0 0 0 0 0 o o 0 0 O' ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 0 0 0 o 0 o 0 0 0 4 4 g] 0 ,w OIMqS 0 0 0 0 0 0 0 0 0 ~- 0 P~86-GgG-Z01~ ~,I:GI q66I/I~ 0 0 0 0 0 o 0 0 0 0 ~ ~ 0 0 ~ ~ 0 0 0 ~ ~ ~ ~ oo oO o 0 o 0 0 o o 0 0 0 0 0 6 666 0 KI ~ .* O~ 0 O0 0 0 0 0 0 0 0 0 0 0 0 0 666 66 0 o ~ ~ 0 0 o 0 ~ ~ ~f ~ 0 o o o o 0 0 0 0 o o 0 0 0 0 o o o 66666 6d6 0 0 0 0 0 N 0 0 0 ~ 0 0 0 ~ ~ 0 ~ 0 0 oo oo 0 (5 0 0 0 0 o o 0 0 0 0 0 ~ 0 ,w .~ o O0 O0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 m o O0 O0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 <) ~ 0 ~ 0 ~ 0 0 ~ 0 ~ o o 0 0 0 o o 0 0 O0 0 0 O0 0 ~-~ 0 L L ~0~ Z -i N~SG-696-LON ~I :6I ~66I/T~ I IO~n IOl I O~ I 14Jr I I I I I 131 Irn ICn I i~_ I~0 lU,.w I',~ X I(]: I' I I I I I I ,~ 0 0 0 o o o o o 0 0 0 0 ~ 0 0 0 ~ ~ 0 0 ~ 0 0.0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 '0 0 0 0 0 . 0 0 m 0 0 03 UO 0 0 -~ 0 0 0 0 0 8 0 0 0 0 0 g 0 I 0 0 0 o 0 o 0 0 o 0 o 0 0 0 0 ~> 0 .~n b. 'OlD 00~ 0 0 0 0 0 o o ~ o 0 ~ ~ o o 0 0 o 0 0 0 0 0 0 0 o 0 0 0 gl 3~ wC ~0 C~ ~Z 0 0 0 0 0 0 O 0 o 0 0 0 0 0 o 0 ~ o 0 o 0 o 888°° o ~ ~ 0 ~0 LO 0 0 ~ 0 0 0 '0 8 0 0 0 0 50 39Vd OIMqS PE86-GgG-ZS~ 51:6l qGGl/lE/88 17:44 407-969-9824 SLWiD SOUTH LAKE WORTH INLET DISTRICT PROPOSED ANNUAL BUDGET FOR GENERAL REVENUE FUND FOR THE YEAR ENDING SEPTEMBER 30, 1996 ANTICIPATED CASH A~D INVESTMENTS ON OCTOBER 1, 1996 $2,020,772 ANTICIPATED REVENUE FROM 10-1-95 TO 9-30-96 I Ad !Valore~ Taxe~ Stalte Grants I~¥eetment earninga Phone oommis~J, ons TOTed_ At4TICIP~TED REVENUE dd~TICIPATED TOTAL FUNDS AVAIEA~LE I ,051 ~972 --0-" 7.5,000 1,000 100 1,128,072 e3,148,844 ANTICIPATED EXPENDITURES FROM 10-1-95 .to 9-30-96 .Garter&! Government Services Publio Safety Pa~k~ ~nd Recreation Cant I nge ncy 344 , 225 200. 000 222,500 146,B~ ,205,269 TOTAL ANTICIPATED EXPENDITURES $3,11B .B44 ANTICIPATED CASH AND INVESTMENTS ON SEPTEMBER 30, 1996 $ 30~,o0o ADDRESS NAME ADDRESS 4 ADDRESS unwillingness to consider the required factors and purposes set forth in its charter for constructing and maintaining the Boynton Inlet; and, WHEREAS, the Inlet District has failed to properly study the need for, and affects of, extending the south jetty; and, WHEREAS the Inlet District Commission has shown a callous disregard for the requ].rement of the law and the legitimate concerns of the public and other governmental entities; and, WHEREAS, the Inlet District Commission has refused to cooperate and coordinate with other concerned governmental entitle · ' d NOW THEREFORE, the underslgne resldent and taxpayer of the State of Florida and/or a boater who uses the Boynton Inlet petitions the South Lake Worth Inlet District to: (1) discontinue its efforts at extending the south jetty until such time as it has thoroughly studied whether any extension of the south jetty is necessary or effective, the affect of any extension on boater safety, and alternatives that pre safer for boating; (2) not take any action that would make the Boynton Inlet more hazardous; and, (3) levy taxes which are necessary only to operate the Inlet District and pay for construction of improvements that are properly approved and permitted. NAME ADDRESS 2 GUNDLACH'S MARINA, INC. 870 North Federal Highway Lantana, Florida 33462 Phone: (407) 582-4422 PETITION AGAINST EXTENDING THE THE SOUTH JETTY OF THE BOYNTON INLET WHEREAS, the South Lake Worth Inlet District ("Inlet District")constructed and maintains the Boynton Inlet; and, WHEREAS, as provided in the charter of the Inlet District, the Boynton Inlet is "constructed and maintained for the use of the people" and is "necessary for the use ~of shipping and for transportation and for the extension of commerce . . . and for the convenience, comfort and welfare of the inhabitants" of the Inlet District; and, WHEREAS, as provided in the charter of the Inlet District when it was created in 1915 and through today, the Commission must consider "the convenience which will result to the inhabitants of said district in using said inlet or waterway;" and, WHEREAS, plans and permits for an extended south jetty were prepared and obtained decades ago; and, WHEREAS, the permits have expired; and, WHEREAS, in evaluating whether to extend the south jetty, the Inlet District has failed to consider its affect on the purposes for which the Boynton Inlet was constructed, and navigability and boater safety; and, W~EREAS, use by the boating public of the Boynton Inlet is and has b~en widespread and growing for decades; and, WHEREAS, a boating-related economy has developed which is dependant the Boynton Inlet; and, WHEREAS, property values are influenced by boat access to the Atlantic Ocean; and, WHEREAS, tourism is affected by convenient boat access to the A~lantic Ocean; and, WHEREAS, there will likely be a substantially more hazardous condition to boating safety if- the south jetty is extended as currently planned;-and, WHEREAS, the adjacent inlets are approximately 12 miles to the north and 13 miles to the south; and, WHEREAS, a more hazardous Inlet will adversely affect boating siafety, the boating-related economy, property values, and tourism; and will cause more boating travel on the Intracoastal Waterway; WHEREAS, increased boating travel on the Intracoastal waterway is d~trimental to the environment, property on the Intracoastal Waterway, and the convenience and welfare of the public; and, WHEREAS, the Inlet District Commission has amassed extraordinarily excess funding of over $1,500,000; and, WHEREAS, this excess funding has been obtained by spending about half ($500,000) of the Inle~ District's annual revenue of approximately $1,000,000 over each of the last three years; and, WHEREAS, the only conceivable reason of the Inlet District for ~m;~assing such ~" ~ is for ~.- ~un.~ng the .~xtension of ~h~ south3~-=,~*~' and, wHEREAS, there is no demonstrated need for the extension of the south jetty; and, WHEREAS, the Inlet District Commission has exhibited an