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Minutes 02-03-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY, FEBRUARY 3,2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Judy Pyle, Deputy City Clerk Call to Order Mayor Taylor called the meeting to order at 9:59 A.M. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray indicated he will comment on items when they discuss presentations. Commissioner Ferguson had three issues he wanted to deal with. The first dealt with alternative systems for the fire and high-rise buildings. He indicated he has the letter from Thompson and thought the Commission had dealt with this two months ago. City Manager Bressner explained on Tuesday, a meeting was held with development interests in reference to the City Ordinance that requires an air delivery system for certain styles of multiple family construction. Buildings that are six stories or more require either an air handling system or other options be in place. The City Commission had previously reviewed amendments to the design which were tabled to allow staff to have discussion with the development community. Out of that meeting came a request that the Fire Prevention Bureau develop standards. The third revision to the standard pertained to buildings six stories or more. The proposed standards circulated to the developers for their comments were if they chose not to install the air system, the alternative would be they construct a building that would have the following components: Sprinkler system in accordance with NFPA 13 Ordinary Risk and there would be fire rooms, a 48 square foot room where fire equipment could be stored. That proposal was rejected by Mr. Comparato. Their proposal was to go with NFPA 13 Sprinkler Light Occupancy, not the NFPA 13 Ordinary. This relates to the ability of our firefighters to respond and deal with the fire incident. The NFPA Light pipe diameter is smaller. City staff proposed that if they construct these buildings with NFPA 13 Ordinary, they provide the fire storage rooms on every other floor, with 12 bottles of air which the City would retain ownership of. That was the proposal Mr. Bressner was Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 going to send to Mr. Comparato. He did not know whether the developers would accept it or not. He clarified this issue is an administrative and legal issue at this point, until a response is received back from Mr. Comparato. Mr. Comparato's letter indicated the City was required, when the Ordinance was adopted in 2004, to have a State of Florida sign off. Mr. Bressner indicated that was not correct. He indicated the City Commission has the authority as a Home Rule Municipality to promulgate and issue Ordinances related to the Fire Code and did not need the state to sign off. Commissioner Ferguson requested clarification that when this issue is resolved, the Commission will then pass an Ordinance. Mr. Bressner confirmed the question and elaborated it is to revise the Ordinance. Mr. Bressner added the second modification was, from staff's perspective, their final offer. Then it would be up to the City Commission to determine whether to accept what they chose to do as a policy matter. Commissioner Ensler commented he was in total agreement with Commissioner Ferguson and believes the City has created an untenable situation. He reviewed it was his understanding when the issue originally came before the Commission; the intent was to make things better for the firemen. He explained the website indicates there are only two sites east of the Mississippi with this method: a Comparato system, which was never built; and, the marina that was under construction. Commissioner Ensler spoke with the City of Miami, and the head of their fire department indicated they did not think the system was necessary. They have people bring up bottles which is more labor intensive. Commissioner Ensler explained there are two issues. The first was where do they start the requirement if it were to be enacted. Commissioner Ensler announced he would make a recommendation that high-rise buildings considered to be 75 feet or higher, as defined in all of the literature. Buildings lower than 75 feet revert back to the original standards. The City Commission should modify the Ordinance to define high- rise as 75 feet or more. Then the City Commission can address the procedure for buildings at 75 feet or higher. Commissioner Ensler recounted the meeting held with Mr. Bressner where it was suggested air bottles be added at certain floors, but when the Ordinance came back that is not what it said. He has since been told if you don't want to put in the system, the alternative requires the fire department come up with what would be required. There is no definition for high-rise; it is strictly up to the fire departments determination. Commissioner Ensler stressed he did not think that was a good system when dealing with developers. He emphasized the City needs to be specific in its requirements and detail what is necessary. He indicated no other municipalities in the state want this type of system. Commissioner Ensler also clarified everyone cares about the safety of firemen. As a first step, he requested the Ordinance be modified to read at 75 feet, and not six stories or 75 feet. Mr. Bressner emphasized at no point was staff recommending that higher than 75, the air system not be required. The scenario they want to avoid is having firemen lugging bottles up stairs during a fire event. 2 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 Commissioner Ensler requested the Ordinance for this system be put to first reading at 75 feet, and directed legal to prepare the Ordinance in that fashion. If the Commission agrees to move in that direction, they will have a second reading and can deal with the building areas above 75 feet. Commissioner McCray agreed with Commissioner Ensler and Commissioner Ferguson's comments. Vice Mayor McKoy requested clarification from Mr. Bressner on the differences in NFPA 13 Light and NFPA 13 Ordinary are the pipe sizes which delivers the water to the sprinkler head is larger in diameter than the light duty sprinkler system. Staff's thought was if they did away with the air system for buildings 75 feet or less in height, than the preference at a staff level would be to at least provide a good quantity of water through the sprinkler system via a larger pipe. The total cost to the developer is the incremental cost of the pipe size to the water supply. From a common sense perspective to the developer, if they are required to install NFPA 13 Ordinary Hazard, then that would determine the size of the pipe. He clarified what was being proposed was NFPA Light Duty which is smaller diameter pipe. In the spirit of compromise to the developer they were desirous of them providing more water to the fire site, and they could get by with less in regard to the fire rooms and the air system would not need to be installed. That was the proposal in his letter to Mr. Comparato. There was consensus for Mr. Bressner to send the letter. It was clarified the Ordinance would be modified and would set the standard. Commissioner Ensler requested the Ordinance be specific. Chief Bingham was present and indicated they can have something back to staff by the end of the day that would be specific which floors would be required. Commissioner McCray requested confirmation that each floor would have fireproof doors. There was discussion on the doors to each unit having a 20-minute fire rating and the separation between the dwelling units have a one-hour rating. Commissioner Ensler requested definition of the room for the bottles. Chief Bingham clarified that is not needed, once the room is determined they will come up with a formula. He will have to research requirements that will pertain to the construction of the building. Mr. Bressner responded a fire protection system is being developed where all the components would work in lieu of the air system. The number of bottles needed would be defined and the fire department maintaining the bottles was confirmed by Chief Bingham. Commissioner McCray asked how the City got so far ahead of the issue. He asked if there was anything in the State of Florida Code that can address this issue. Chief Bingham responded the state is very clear; the City can provide amendments. They worked for a year on the issue and presented what they thought was needed. He 3 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 explained they are trying to keep ahead of construction to ensure compliance with the code. They were trying to avoid retrofitting. Commissioner Ensler commented the City is standing alone in the state. He shared Mr. Comparato had indicated they cannot get the information from Air Rescue Systems because they want him to sign non-disclosure agreements. Commissioner Ensler announced he did not think that was proper. Commissioner Ferguson indicated his next item pertained to the Education Advisory Board meeting minutes discussing the Boynton Beach High School marquee. The Education Advisory Board minutes reflected the they are the entity authorized by the City of Boynton Beach to speak to Quantum Park. Commissioner Ferguson expressed he believed that to be a policy issue, and he did not give up his right to speak with Quantum Park and the Education Advisory Board. He expressed the School Board had not complied with two issues, one being the City's own sign Ordinance. There was discussion whether the City owned property between the school and the road. Mr. Bressner responded only the right of way. The School Board owns the vacant property and that was defined to be from the canal up to Gateway. He elaborated from the west side of the entrance to the high school and to the canal is owned by the School. The School cannot put the sign on the right of way because it obstructs the sight lines of traffic. Commissioner Ensler suggested a pole sign. Vice-Mayor McKoy asked who owns the traffic median. Mr. Jeff Livergood, Director of Public Works, was present and clarified the land being discussed is owned by Quantum Park. Mayor Taylor explained when the issue came up, the Commission asked the City not become involved. They would see what they could do to mediate. He clarified regarding the Education Advisory Board and the policy matter raised by Commissioner Ferguson; Mrs. Farace was just going to speak with the two parties. He added the School Board needs to fulfill some of its obligations. Mr. Bressner commented the City is entertaining entering into an interlocal agreement with the School Board for enhanced landscaping at Congress Middle School in exchange for beautification. Commissioner Ferguson's third comment related to the Survivors Charter School issue, which supports 500 disadvantaged children Palm Beach County. He expressed his support that in order to maintain these schools in the future, particularly the one on Congress Avenue, he would like to see the City Commission pass a resolution indicating the City would be in favor of seeing this school as a Charter School. Mr. Bressner responded this is a private business matter between the Charter School and the School Board. The School Board pledged it would operate the Charter School 4 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 at least through the end of this year. There was additional discussion pertaining to opinions and problems with Charter Schools. Mayor Taylor indicated he would not support a resolution. Commissioner Ensler discussed the golf course and the landfill. His specific concern was the time staff may be spending on the issues and indicated what happens to the properties is up to the County. He reported the City has a piece of land that is landlocked there. One thought he had was to let the County determine what will be there at the golf course. Commissioner Ensler indicated the County is looking at affordable housing and it is their property. He expressed they are in a better position to make a decision about it. His second issue pertained to the old landfill, which is adjacent to the golf course, separated by a canal. It didn't make any sense to him for that to be City property. He thought perhaps they could swap land for recreational, building or affordable housing purposes and suggested giving direction to staff on what the City expects relative to the golf course and landfill. Commissioner McCray indicated the golf course is a profit making entity. He suggested the City wait until the study on the landfill has been completed. Commissioner Ensler suggested another nine holes could be added. He clarified that might be a better use of the land as opposed to housing. Assistant City Manager, Wilfred Hawkins responded to Commissioner Ensler. He explained staff is not spending any time on the matter. They are listening and there are many different ways the scenario could play out. He elaborated national redevelopment of brown fields has been utilized in different ways. He noted homes, golf courses and retail have all been built on landfills. Right now staff is remaining neutral and they are waiting to see how things develop Brown field use can be complicated. He went to Denver and there was a development where the military had previously dumped waste. As a result, there is a seven-acre fenced off area in the middle of the neighborhood. Mr. Hawkins explained the law is very specific about who can conduct the studies. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & Mayor Taylor announced the Boynton Veterans Council is holding the Four Chaplains Day this Sunday at 3 PM at Temple Beth Kodesh. This item was not on the agenda but was addressed at a previous meeting. B. Community and Special Events: 1. Heritage Festival - February, 2006 -- Month-long celebration of Black History Month that informs the public of the ties that bind the 5 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 African-American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage. SCHEDULE OF EVENTS Februa 18 EVENTITIME Soccer Tournament 5 .m. -- 9 .m. Awards Ban uet Book Fair LOCATION Hester Center DATE February 12 February 19 Cafetorium St. John Missionary Church Hester Center Commissioner McCray asked about the City's level of involvement. He explained if the City has a high level of involvement, they should revisit the issue. He did not feel the support verses the funding levels were commensurate. C. Presentations: 1. Proclamations: None Commissioner McCray indicated there was a request from the St. Johns Missionary Baptist Church. There is an individual celebrating her 100th Birthday, (Mrs. Hand). Mr. Bressner indicated the proclamation would be presented at the event. Vice Mayor McKoy also requested participation from the Commission but indicated the Church informed him there have been no responses. Mr. Bressner indicated he was planning to go. Commissioner McCray is participating in the Welcome Address. 2. Presentation by Mark Hansen, Palm Beach County School Board Member regarding the harassment prevention program including a bullying prevention program for Boynton Beach Schools. Mayor Taylor commented this item was rescheduled from a prior meeting. He explained the program was instituted in Boca Raton and they are trying to make this a countywide program. 6 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 v . ADMINISTRATIVE: B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3) I Ensler Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 Mayor Taylor Cemetery Board Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 Tabled (3) I Ensler Code Compliance Board Alt 1 yr term to 4/06 Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 Tabled (3) I Ensler Education Advisory Board Reg 2 yr term to 4/07 III Ferguson Library Board Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 Mayor Taylor announced volunteers are needed to fill these positions. Mr. Bressner will advertise the opportunities and include notices in the water bills. Commissioner McCray explained it was important for staff to be present to answer questions at the agenda preview and commission meetings. He explained there is a CRA item and a representative should be present. Mayor Taylor will transmit the directive to the CRA. VI. CONSENT AGENDA: B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 5. Approve an emergency purchase to repair a gravity main water line hat had failed. A sinkhole developed around the entrance/exit portion of the community. The expenditure is: $66,444.28. Commissioner Ensler asked if there were any problems with the authority of the City Manager to authorize emergency work in terms of monies spent. Attorney Cherof explained the City Manager has the authority to act immediately to deal with an emergency regardless of the amount. The City Commission ratifies the action. 7 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 C. Resolutions: 8. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Interlocal Agreement between the City of Boynton Beach and the Community Redevelopment Agency (CRA) to provide for the installation of public improvements on SE 4th Street Commissioner McCray noted for informational purposes, he had pulled the item, but is fine with it now. 10. Proposed Resolution No. R06- RE: Approving and authorizing execution of Amendment #1 to Task Order NO.3 Water Supply Options SFWMD Consumptive Use Permit to Brown and Caldwell in the amount of $74,200. Commissioner Ferguson had questions regarding this item and questioned paying $12,000 for a presentation conducted last October. The other issue was it seemed like Brown and Caldwell were receiving a lot of City work. Commissioner Ensler asked what was being done now that was not done before. Mr. Bressner explained they were going back to the SFWMD to determine whether or not they can reduce their reliance on deep water wells. The proposal was to have Brown and Caldwell assist them in working with the SFWMD. He explained what was at balance was the potential of spending $4 million on deep wells or to forgo and stay with the shallow wells and save a significant amount of funds. He responded the item can be pulled or go to RFP. Commissioner Ensler explained originally in the West Plant, there were seven wells producing nine million gallons of water. There were four wells drilled and not implemented. Approximately one year ago, staff approached the Commission and explained they wanted to spend funds to bring in the four wells in order to rotate wells and have continuous operation in the West Plant. He explained at that time there was no intent to increase the capacity of the plant. The four wells, in addition to the seven, were strictly to maintain the current production of about 10 million gallons. Commissioner Ensler indicated now there has been a change of mind, and they are being advised they want more water from the surficial aquifer at a time when they already indicated they wanted to go into the Floridian aquifer. He didn't think the City should be negotiating with the SFWMD and should stick with the existing plan. He did not believe the issue should go out to bid. Commissioner Ensler noted there is a new individual with Brown and Caldwell pushing the issue, we do not have wells to rotate and the City would not be able to do the $15 million anyway. Mr. Bressner requested the Commission look at the total capital cost of going to the deep out wells. He explained the Commission could spend $30-$40 million more, which was approved as 8 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 part of the original plan and the SRWMD permit. He expounded what has happened as a result of the review of the responsibilities under the permit, is staff was suggesting there might be an alternative that is worth taking a look at to save money in the future and still have a reliable source of water for the future. Commissioner Ensler clarified five million gallons of water is not sufficient for the future and you have to go to the Floridian well anyway. He announced then there would be two projects, one to go into the Floridan and another to build another plant to go into the surficial aquifer. That did not make sense to him. He indicated the way you plan for the future is go into the Floridan, have one approach and not two facilities. Five million gallons is not sufficient for the future of the City. Mr. Bressner responded he was not referring to the five million gallons, he was speaking to the incremental cost difference between building seven or eight deep wells as opposed to possibly building three of those and the cost of the water delivery to the City over the next thirty years. Commissioner Ensler repeated we need to move forward. We have an opportunity to move into the future with sufficient water so we don't have to be put into drought conditions. Mr. Bressner indicated the options are to remove the item from the agenda or, direct staff to revise the RFP. If removed from the agenda, they will not be speaking with the SFWMD except using staff resources to determine if they can get the permit modified. Mayor Taylor wanted to hear from staff. He recommended tabling the item until the meeting on February 21,2006. 11. Proposed Resolution No. R06- RE: Approving City Pay Ranges and Pay Classification System for City of Boynton Beach Pursuant to Pay Study by MGT approved by the City Commission on January 17, 2006. 12. Proposed Resolution No. R06- RE: Approving the ratified addendum to the NCF&O White Collar Collective Bargaining agreement for the fiscal year 2005/2006 wage re- opener. Commissioner McCray questioned if we have satisfied all agreements and if the employees have started receiving their money. Mr. Bressner responded if the City Commission ratifies the items, the White Collar workers would receive their adjustments. The non-bargaining units' pay is being processed now. The Blue Collar bargaining is still in negotiations and has not been submitted for ratification until negotiations are completed. 9 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 Commissioner Ensler commented on Item 11A, which was listed later in the agenda under New Business. He explained the Commission does what it thinks is right for the community and reviewed the second page of the Ordinance, Criteria for Eligibility, He recommended the language be changed to read, liThe recipient payee provides services in the City." He expressed it shouldn't matter where the people are if they provide services for our residents, and he felt they should not be denied the right to provide those services. He clarified, eliminate the word ". . . is a resident of the City. . .", or ". . . is a business entity which. . . II Mr. Bressner noted the revision would clarify matters and the Commission can make the decisions. There was agreement the resolution should be adopted first and Item 11A would be moved up before items H & I. D. Ratification of Planning & Development Board Action: 1. Bellamy Heights (ZNCV 06-001) Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a minimum lot frontage of 57 feet (a variance of 3 feet), and requiring a minimum lot area of 7,500 square feet to allow a minimum lot area of approximately 6,850 square feet (a variance pf 650 square feet) for a proposed single-family residence within the R-1-A Single-Family zoning district. (Not heard by the P&D; to be postponed to the January 24, 2006 P&D meeting and February 21, 2006 City Commission Meeting) This item will be heard on February 21,2006. E. Ratification of CRA Action: 1. Edward Medical Offices (SPTE 06-001) Request for a one-year site plan time extension for a site plan approval granted on November 16, 2004 from November 16, 2005 to November 16, 2006. Commissioner Ensler requested this item be pulled. He explained he had attended the meeting and the request was denied by the CRA. He requested someone from the CRA attend the Commission meeting to explain why the item should be denied. He questioned, if they meet all the requirements of the Ordinance, why should the Commission deny the request. 10 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 This item will be re-advertised. C. Project: Agent: Owner: Location: Description: Little Achiever Learning Center (COUS 04-007) Dave Beasley Stewart Davis Northwest corner of Northeast 11th Ave. and Railroad Ave. Request for conditional use/new site plan approval for the construction of a 6,097 square foot daycare and related site improvements on a 37,391 square foot parcel in the single family and two family residential (R-2) zoning district. ((Plans undergoing revision causing meeting postponement. Project to be pulled and re-advertised.) This item will be re-advertised. IX. CITY MANAGER'S REPORT: A. Report by Michele Mellgren, Planning Consultant, on the M-1 Zoning Study. Ms. Bressner indicated this item would take approximately 15 minutes. X. FUTURE AGENDA ITEMS: Commissioner McCray thanked staff for putting Future Agenda Items in chronological order. XI. NEW BUSINESS: A. Review possible modification to criteria for Eligibility per Resolution 03-137 also known as Community Investment Fund. This item was addressed earlier under Consent Agenda and will be heard prior to Items H and I. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 06-013 RE: Placement of quasi judicial items on agenda. Commissioner Ensler requested Legal take a look at the wording in Item four. He explained it did not look right and a word may be missing. 12 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 Mayor Taylor explained this is the second extension they have had in one year. The CRA had overlays put in and now the CRA is saying it does not confirm with what they want downtown. H. Authorize the use of Community Investment Funds from Commissioner Ensler in the amount of $2,000 for the Boynton Regional Symphony Orchestra. I. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $1,000 for the Boynton Regional Symphony Orchestra. Mayor Taylor indicated there is an item under New Business that should ruled on before Hearing Items H & I. He requested the items be pulled until they hear the other item. Mr. Bressner indicated the resolution should be adopted first. Mayor Taylor indicated this is left to the discretion of the Commissioners. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: Rapido Rabbit Carwash (COUS 05-00four) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Boynton Properties, LLC, Anthony Pugliese III East side of Congress Ave., approx. 275 feet north of SW 30th Ave. Request for Conditional Use and Site Plan approval for a 4.595 square foot automated car wash facility and related site improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled to 2/21/05) Mr. Bressner inquired if any information was received on this item from the applicant. Mr. Mike Rumpf, Planning and Zoning Director responded information was received and will be submitted to the Commissioners for their review. B. Project: Agent: Owner: Location: Little Achiever Learning Center (HTEX 06-001) Dave Beasley Stewart Davis Northwest corner of Northeast 11th Ave. and Railroad Ave. Description: Request for Height Exception approval to allow the proposed decorative cupolas on the roof of a one (1) story building at a height of 33 feet, eight (8) feet above the maximum height limit of 25 feet for a daycare use within the single-family and two-family residential (R-2) zoning district. (Plans undergoing revision causing meeting postponement. Project to be pulled and re-advertised.) 11 Meeting Minutes Agenda Preview Boynton Beach, Florida February 3, 2006 D. Other: Mr. Bressner announced there was a short video regarding the Boynton Beach Police Bike Patrol that was aired on television and was available for the City Commission to view. The Commission members watched the video. Mayor Taylor thanked the Police Department. Commissioner McCray asked when all the cars would be the same color. Police Chief Immler responded in about a year. XIV. ADJOURNMENT: Meeting adjourned at 11 :02 AM. ATTEST: \ . .... :7 .' , (-;fl v// I;-e-r (jutu/.:1U MflG Iv '(;'ell 9!ty Clerk . J I /(;(L' " 'Ii"" .~' J I" 'j - j, 1:::1:] !~Iil(;J L1I.P! i,i J~/I 1L/./frK',,/V Recording Secretary I ler---- 13