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Minutes 11-17-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, NOVEMBER 17, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt 8ressner, City Manager James Cherof, City Attorney Judith Pyle, Deputy City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor 8. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Jose Rodriguez Mayor Taylor called the meeting to order at 6:32 p.m. Vice Mayor Hay gave the invocation followed by the Pledge. of Allegiance to the Flag led by Commissioner Rodriguez. D. Agenda Approval: 1. Additions, Deletions, Corrections There was consensus to move the canal issue item forward to 8.1 under Announcements. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross brought up The Safe and Citizens for Improved Transit who were seeking signatures for anyone interested in supporting the bullet train. She noted many 1 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 leaders from other municipalities had signed the petition and she would be supporting the effort. A resoJution would be presented to the Commission at the next meeting addressing the issue. Commissioner Ross also noted she had been present to hear former Vice President AI Gore speak on the green initiatives. Mayor Taylor had met with the officers of the Habitat for Humanity and their fund raisers for a tour of the Boynton Beach Community Redevelopment Agency area including the Heart of Boynton. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim November 18, 2009 as Geographic Information Systems Day. Mayor Taylor proclaimed November 18th as Geographic Information Systems Day and presented the Proclamation to Phyllis Koch, ITS Director. Ms. Koch invited everyone to visit the Library program room on November 18th from 1 p.m. to 3 p.m. to see demonstrations on how geographical information can assist the City. B. Presentation by Camp Dresser & McKee Inc. (CDM) regarding the evaluation of projects to be submitted to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG) Nancy Byrne, Assistant Director of Development, introduced Camp Dresser & McKee who would review the strategy that was being considered for formal adoption. Pat Gleason, Camp Dresser & McKee, outlined the presentation plan of various modules being developed for the Long Range Climate Action Plan. The mission statement included the language that Boynton Beach would be the premier green city in Florida. There would be extensive work needed to bring the Comprehensive Plan and Land Development Regulations to green. Future funding and legislative initiative's were discussed. There were three components to the work to be done. First, would be a strategy to complete projects implementing energy conservation. The second component would' be the greenhouse gas emissions inventory and the third, wduld. be the Climate Action Plan to achieve the sustainability goals. Part of the initial strategy would be to create an energy loan fund of $250,000 for energy improvements to municipal facilities. The monies saved would be utilized to pay the loan. Improvements were planned for the Hester Center both indoors and outdoors. A partnership would be formed with FAU and Dr. Russ Ivory to hire two students to assist City employees with collection of data for the greenhouse gas emissions inventory. The inventory would encompass City facilities as well as the Community as a whole. Projections would be extended to 2025 with various scenarios, but an expected downturn in greenhouse emissions. 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 17,-2009 The long range plan would involve energy reductions within the City and saving money. A target will be set as a future goal. Erin Davis with Lewis, Longman and Walker was involved in the project to assist the City in setting a realistic goal. There may be State and Federal regulations forthcoming in a climate bill and could affect the target to be set. The City would have to comply with any Comprehensive Land Use amendments by the State or Federal government. Incentives can be put into place to work with the development community to build green. A standard for tracking the greenhouse emissions reductions would need to be established as required by Florida law. The State Building Code has also been modified to include greenhouse gas emission reductions. Mr. Gleason continued that the City may want to add adaptation strategies to the Climate Action Plan. Water supply availability, planning and utility infrastructure would need to be considered. Funding would have to be addressed as well as public awareness and education. The goal for funding would be no use of City funds. In-kind funds may be needed and Community Development Block Grant Funds and coordination with other grant programs and other stimulus funding from the State of Florida would be sought. Commissioner Ross thanked the presenters for their information. She asked for a review of the timeline involved. Mr. Gleason responded the submission deadline was the end of April and the energy block grant would be due on January 11, 2010. Vice Mayor Hay contended it was an aggressive plan and inquired if there were any identifiable road blocks that could be eliminated. Ms. Bryne clarified establishing the $250,000 municipal revolving- fund and the Ezell Hester Cen:ter retrofit were the priorities. (Commissioner Ross left the dais at 6:59 p.m.) 9.A Accept report on canal and waterway ownership, dedication, and maintenance; and establish canal and waterway maintenance policies. (This item was taken out of sequence.) Mr. Bressner gave a summaryofthe staff report. Historically, a number of canals were developed as part of land development over the years. Some were created for drainage, while others were for mosquito control. Ownership involves the South 'Florida Water Management District, Lake Worth Draining District, private property owners or the public. A notation that the canal is owned by the public does not flow to the maintenance responsibility on - the City of Boynton Beach. In fact, the City wa.i never specifically named, resulting in conjecture. The maintenance program over the y~ars 3 Meeting Minutes Regular City Commission Boynton Beach, FL .November 17, 20Q9 has been haphazard at best. In 2008 the maintenance was terminated because direct ownership responsibility was identified to be private property. Three issues were identified. First, the City would have either to own or have legal rights to the canal waterway. There are no canals owned by the City of Boynton :Beach or any identifiable responsibility to maintain any canal. Second, public dollars can only be spent for a public benefit and third, funds must be budgeted. The proposal involved the City maintaining the canals, focusing on vegetation corltrol. It would not include dredging canals, but would include funding for the control and removal of vegetative materials in the canals that present safety issues for adjoining property owners. Canals previously designed as public would be entitled to be maintained with a funding mechanism for the control and removal of vegetation in an environmentally appropriate way. The' private canals cannot be maintained unless permission is received from the property owners in the form of a license agreement, easement or ,other instrument that also carries the right of the public to utilize the canals for public benefit. Some property owners may be resistant to conveying rights to the City. Staff recommended a five-year implementation program, particularly for the homeowners who have private canals to include a reverter clause. The property owners would have an opportunity to evaluate the program and give the City time to re-evaluate the benefits achieved by using public funds. The program would be funded through the storm water fee with a temporary surcharge to cover the initial cleanup costs of $125,000 and approximately $50,000 yearly.' A policy decision Would be required to assume the maintenance level for public designated canals and privately owned canals. Commissioner Weiland understood the property owners would have several options. Mr. Bressner understood it was either all property owners signed on to a program or there would be no maintenance. The temporary program would give everyqne an opportunity to review the results over the five-year time period. Attorney Cherof advised the best program would be that all the property owners cooperate with the City to make it happen. If one or two property owners do not want to participate, a program will have to be devised to work around the. section of cal)al that they own or obtain access to the canal through a health, safety and welfare basis. It may require Court action. . Commissioner Rodriguez advocated the program should include maintenance of all the canals and not just those with vegetation issues. Sediment issues with runoff, that the City has created should be included with a broad based, comprehensive plan for all canals. Mr. Bressner noted that option was available based on a $.50 a month 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 surcharge that would continue for a lengthy period of time. The dredging portion of the project would cost approximately $5.2 million City-wide with a 12 to 15 year funding cycle. Areas would be selected each year for maintenance and dredging. Ther.e is no direct relationship between dredging and storm water management. The depth of dredging to accommodate boats of all sizes would be another issue according to:Mayor Taylor. He felt the vegetation issue should be addressed first. Commissioner Rodriguez contended there are standards for depth dredging throughout the entire state to maintain a certain level. Vice Mayor Hay inquired if there was any indication of the number of objectors to this type of program. Mr. Bressner replied there were areas that would not benefit at all from the service, but the use of public funds would be necessary to maintain the community as a whole. A policy decision would have to be made that the program IS a public service. Mayor Taylor stre.ssed the complaints brought to the Commission relate only to the vegetation issue. ;Commissioner Rodriguez indicated the issue of dredging the canals has been discussed for almost two years. Mr. Bressner advfsed there has been research done on the source of increases in siltation levels. Commissioner Weiland opined his main concern was the vegetation from a health and safety issue. He also hoped there could be a clear understanding established so cleaning the canals of vegetation .can be started as soon as possible. . Vice Mayor Hay concurred with Commissioner Weiland to move ahead with the maintenance immediately and deal with the dredging at a later time. Commissioner Ross agreed. ' Mayor Taylor addressed the audience with a show of hands of those who agreed with commencing the vegetation issue in the canals and then a show of hands of those who felt both'VegetatiOfl' and dredging should be addressed itrlmediately. Jeff Lis, 945 Isles Road, Chair of the canal committee for the Boynton Isles Neighborhood Association, reported he had first contacted the City regarding the dredging issue in September 2007. The staff report failed to address the Comprehensive Plan Coastal Management Element - Storm water syste'1l and discharges. It also did not address the Comprehensive Plan as it relates to th~ policy established that tti,e City would support the timely maintenance 'of regional drainage system features. The dedication of canals in the Boynton Isles plat would be common law dedications, subject to acceptance by the City. Mr. Lis contended the City had not accepted the maintenance of the canals as its obligation. There is case law that acceptance can be implied by the actual use of the property by the public. Ms. Lis alleged the City had been cleaning the streets and canals in Boynton Isles since 1957 5 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 ~, . and upgraded the system in -2009. The Boynton Isles Association would object to additional taxes for vegetation removal that did not include dredging of the canals. Steve Antone, 234 SW 2nd Avenue, agreed with Mr. Lis. He did point out that all canals silt and have to be maintained. Vegetation in the canals is the 'least of the problem. Flooding during previous hurricanes was definitely the result of: silt increasing. He suggested a source of funding might be insurance companies, if it will reduce flooding. The Army Corp of Engineers and FEMA could be other sources for funding. Mike Bird, Boynton Isles, added the drainage system installed this year made the area a catch basin for Federal Highway. The road was re-paved. The canals are used' by the public in kayaks and boats. Jerry Knott, Boynton Isles, noted several of the City's plans address the issue of canal maintenance and dredging. He requested dredging of the canals be included in any action by the Commission. Jeff Shell not, Lake Eden development, supported the Commission's decision on the vegetation. He questioned if the Lake Worth Drainage District and the County would be maint,aining the ca,nals out west to control the pollination of the vegetation eastward. The effort has to be done concurrently with the western areas or the problem will reoccur. The current problem is the result of stopping the maintenance in 2008. . Gary Fishman, ~504 Diane Drive, applauded the efforts of the Commission to acknowledge the issue and develop a plan to deal with the vegetation overgrowt~: - Patricia, Fitzpatrick, 101 SW 4th Avenue, agreed with the City Manager that taxes were a good thing If the City clea'ns the canals they should own the canals as well. If privately owned canal owners do not clean their areas they should be assessed a fine and be required to clean it up. , Victor Norfus, 261 N. Palm Drive, confirmed the vegetation issue was a safety concern and should be addressed. The dredging was needed for hurricane season storms and runoffs. He questioned if the cost be covered by an assessment bf those canals to' be done each year. Mi". Bressner explained the proposed surcharge would take 10 to 12 years to fund dredging all the canals within the City. (Commissioner Ross left the dais at 7:42 p.m.) Dr. Piotr Blass, a resident, was impressed by Mr. Shellnot's comments and agreed the harvesting program should be commenced immediately. Cooperation would need to be sought from the communities west to the Everglades and Lake Worth, or the problem would re-occur. Other marine biologist should be consulted for possible solutions before monies are appropriated. 6 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 Commissioner Weiland inquired about the length of time for the funding. Mr. Bressner reiterated the 25 cents a month for two years would cover a five~year program' of the initial vegetation removal and then $50,000 a year of maintenance cost for five years. The entire program would be revisited and the results achieved re-evaluated. Commissioner Weiland supported a two-fold project including the weed cleanup and the dredging as the second phase of the project. The safety issue should be addressed immediately. Commissioner Rodriguez suggested some canals may not need to be dredged b~cause the runoff is not significant. There is an opportunity to get started and analyze tt,le need that exists. The entire community should be included in the program and not speCific areas. Commissioner Weiland knew of two freshwater canals that needed to be dredged. Mr. Bressner agreed the need for dredging should be studied and evaluated. The siltation issue at Boynton Isles and the associate cause should be studied over a period of time. ' Vice Mayor Hay clarified the need to coordinate the program between public and private canals. Mr. Bressner concurred the South Florida Water Management and Lake Worth Drainage District efforts had to be coordinated with the City Of Boynton Beach project. Attorney Cherof advised a motion should first be made to find there is a public purpose because there is a health, safety or welfare issue associated with the fresh water canal maintenance prog~am. . Motion Commissioner Weiland so moved. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof suggested the next motion support starting with the public canals and direct the administration to implement a canal maintenance program for the public fresh water canals'. (Commissioner Ross returned to the dais at 7:51 p.m.) Motion Vice Mayor Hay so moved. Commissioner Weiland seconded the motion. The motion passed unanimously. Attorney Cherof noted the next motion should be the same, and only relate to the private canals and the City obtaining access to the private canals. Different ways of 7 Meeting Minutes Regular City Commission Boynton Beach, FL November 17,2009 obtaining access would have to be explored. Mr. Bressner suggested a list of options be made available to both the parties and meet as a group and individually. Vice Mayor Hay moved to start the private canal maintenance while access would be explored. Motion passed unanimously. Motion Commissioner Rodriguez moved to allocate resources and start the dredging program for the City of Boynton Beach including the $.50 additional per month fee in addition to the maintenance program. Commissioner Weiland seconded the motion. The motion passed unanimously. C. Review presentations of four firms that submitted responses to City RFP for space needs of Police and/or City Hall facility(ies) as authorized by the City Commission on April 21, 2009. There was consensus to have presentations heard in the order of ranking by staff. Attorney Cherof recalled staff recommended only three companies. He concurred with staffs analysis that only three companies had properly responded to the Request For Proposal (RFP). The fourth company did not provide the cost information in th'e RFP, . . but has subsequently provided the information after the deadline for submission. He stressed the Commission can hear any of the proposals, but should remember staffs recommendation when a decision is made, ' Under public disclosure, Mayor Taylor revealed all four companies had contributed to his political campaign in 2006. Commissioner Ross revealed one of the companies had contributed to her campaign in 2007, Compson Associates and CH2MHill. Commissioner Weiland added Renaissance Commons and CH2MHill had contributed to his campaign. Vice Mayor Hay concurred one had contributed to his 2007 calTJpaign, Renaissance Commons. Urban BuildinQ, CH2MHill Jan Hoover with Urban Building Systems introduced the team consisting of Rick Bell, Principal with Urban; Stuart Frisbee, Project Manager; Ron Redner, Superintendent and CH2MHill for architectural and engineering services. Anderson Slocombe would be the architect in charge with Tom Orlatski and Mike Flatery. The team also deliver~d Fire Station #5 and the Emergency Operation Center on time and unQer budget. The firm worked on the Jensen Beach Fi're Station, completed the City "of Stuart Public Fire Station and EOC complex andSt. Lucie County Fire District. .. CH2MHill is a national firm and completed more than 50 public safety facilities nationally and locally for Boynton Beach, Tequesta, City of Hollywood and North Palm Beach. 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 A map of the City was displayed showing the locations of the four proposed sites. Mr. Slocombe noted the proposed site of Urban Building was centrally located with easy access to 1-95 for north and south navigation and east and west access. It would be at the same location as Fire Station #5 and the EOC. There would be no land acquisition requirements or costs and no loss to the City tax rolls. The zoning and land ~se approvals had been obtained. The master plan accommodated the project and the site is vacant and ready for construction including the utility i~frastructure. . Mr. Slocombe discussed two options. One option was a stand-alone, two-story, police facility and two-story parking garage. The second option was a p~lice station a'1d City Hall in a three-story building and three-story parking garage to complete a public safety complex. The police facility would have a north/south orientation and the parking garage would be next to the 1-95 ramp and not very visible from the street. The garage would have 155 parking slots along with 102 surface parking areas for police. It would not include parking for the impound or the sally port. There would be a separate entrance for police vehicles only and a public entrance. The first floor would have a 15 foot ceiling height for emergency vehicles. The facility would be 81,000 square feet and it would mimic the architecture of the existing Fire Station. There would be a skywalk connection from the parking garage to the actual building. Option two was similar, but had a slightly bigger footprint for police and City Hall as a three-story building. City Hall would be on the south side and the police on the north side. It would be a 133,000 square foot building with additional parking for City Hall. The construction schedule estimated 24 months to completion. It could be fast tracked with help from the Building Department. The City Hall portion would add two months to the construction schedule. The City would receive an outstanding design with the same quality and level of flnistles as the EOC. There would be a guarantee of timely construction with a competitive price for the police statiOn of $23,610,650 and the estimate for option two was $38,378,375. Financing was suggested using Build America bonds with a discount and the industry would recommend that method. Another option would be private hybrid loans. A third method would be financing with Urban using a hybrid system. The lease back would be the most expensive financing option. It was suggested the City create purchase orders for the materials and supplies to take advantage of the governmeht tax exempt status. The savings could be as much as 1 % of the total cost. 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 The team has proven its expertise with Fire Station #5 and have LEED accredited professionals. . The design work can begin immediately and the City would deal :direCtly with the general contractor and design team throughout the process. Construction cqsts are at the lowest levels in years. Commissioner Rodriguez remarked the proposed site is in the northern most section of the City and not centrally located. Vice Mayor Hay stressed the City owned the lanQ at the proposed site. . , Sembler and Partners Jeff Fickway, President, pointed out Sembler and Partners had developed the Boynton Town Center and 100 acre master plan on Congress Avenue. Mike Hagen, Vice President of Development was also present. The company is based in St. Petersburg and is one of the largest retail developers in the southeast having completed over 150 projects in the last 45 years. The proposed site would be integrated into the existing shoppjng center and the main street would lead to a new City complex at the terminus. . ' The team would include Semblerand Partner and Piper, Orien and Herr Archite'Gts and Moss and Associates contractors. The architects have completed many police and fire complexes in the .'southeast and the contractor is one of th~ top 100 in the country specializing in municipal buildings. . The first option is a combined City Hall and police facility including a new five-story combined building with 126,000 square feet, 81,000 square feet for the police facility and 45,000 squar~ feet for City Hall. An additional 16,000 square feet would, be for adaptive reuse space and existing retail space. There would be expanded parking facilities with a parking deck with secured parking for, police parking and an extended clear height on the lower level for emergency vehicles. Two options were provided for the economic structure of the proposals. One w~uld be a lease hold option and the other a purchase option. The City could lease the space based on gross square footage for a period of 20 years with three 1 O-year optioris. The rental rate would '~scalate at 3.5% every year for five" years. Th~ maintenanc~ taxes and insurance would be the responsible of the City. The purchase option would involve the City purchasing the land and the building for an agreed upon price to be paid within 30 days of Sembler's substantial completion of the facilities. The combined facility would be based on $100 per square foot interio(setup allowance at $32 per gross square foot in terms of a lease rate. .. The second option would be the same basic framework with a smaller building to accommodate the police facility only. It would be located west of the main street. It would be a three-story building of 65,000 square feet including a parking deck" and a 10 Meeting Minutes Regular City Commission Boynton Beach, FL - November 17, 20Q9 lower level for emergency vehicles or impound area. The base numbers are $110 a square foot for interior improvement allowance equated to a $36 per gross square foot rental rate and $32.4 million purchase price. It was proposed that additional efficiencies and negotiations could reduce the cost to $27 million or $30 per grqss square f06~ rental rate. There would be some flexibility that could be negotiated to further reduce the cost. The team would work closely with the City during all phases of the design and construction to meet the operational requirements and budget constraints. The close proximity to retai~ shopping, restaurants and other amenities would complement the project and improv~ments to the transportation network would allow for easy ac~ess, for employees and citizens. It is a mixed-use environment embracing a live/work opportunity. It is central to the commercial corridor. Renaissance Commons Jim Comparato, Compson Associates, commented a plan had been submitted by Compson for the current City Hall site for a workforce housing development and suggested City Hall be relocated to Renaissance Commons, The proceeds from the sale of the current site would be used to acquire a new City Hall at Renaissance Commons. Purchase of the current City Hall site is not possible at this time. The response to the RFP concentrated only on the police facility. ' The new proposal submitted alloWs the flexibility to relocate the poHce facility with either a long-term lease or outright purchase into an existing builc~ing at Renaissance Commons. It would be located in a four-story building surrounding an interior parking lot. There is a fifth floor utilized for storage. There would be an option to lease Jhe facility on the short term and purchase it anytime in the next, ten' years at the current proposed price adjusted only by the consumer price index increase. The relocation of the police facility is proposed at a fraction of the cost of tne other proposals. Even ,witll the green building regulations, the facility eould be delivered at half the price previously budgeted saving $15 million. The proposal was for 66,890 square feet in a building with sufficient interior parking for tenants and surface parking for customers. Either leasing or purchase of the square footage was proposed encompassing the entire third floor of the building of ,~5,OOO square feet and 5,300 square feet in the central area and processing area. T!je City would be responsible for the set-up costs for the space. A specific area would be set aside in the parking garage for overnight parking and a police impound lot. There would be an additional 100 parking spaces reserved in the interior parking for the' police facility. Compson and Associates would provide the option for the City to purchase 55,300 additional square fe~t for future expansion of the police department in the same building 11 -.. ... Meeting Minutes Regular City Commission Boynton Beach, FL . November 17,2009 on an as needed basis. It could also be a future City Hall option. They would ret3in the option to sell the expansion space to a third party with the first right of refusal. to the City. The expansion price would be the same as the current rate of $180 a square foot wi~h the consumer price index increase only. . The building w~s built with the highest standards of 2004. The electrical aljd HVA systems are extremely energy efficient. Many green features were incorporated in the design even though the building is not green. Any interior work to be completed would be green. The City would have the option to design the building with the specifications needed with a cost range of $55 to $75 a square foot. The City would select the standard they prefer. Bids can them be. sought from contractqrs tp determine the final cost of the improvements allowing a great deal of flexibility. Renaissance Commons would sell the 66,000 square feet of shell office space for $180 a square foot or $12,477,000. The City would be responsible for all interior costs to achieve occupancy for approximately $3.5 to $4 million additional. No additional fees would be paid for the parking spaces in the garage or the impound lot. A tenant coordinator would be provided at no additional cost. A municipal lease would also be an option for the offic.e space and ,the set up. It would allow the City to amortize the cost of the acquisition and set up Qver a 20-year'period rather than a cash purchase. The electrical service for the common areas has been installed, as well as the sprinkler system for the entire space and life safety. . As an alternative, the shell finished office space could be leased on the basis of a 20- year lease. They would donate $468,000 for the first year lease in free rent. The first year of leasing would cost approximately $7 a square foot and long term would be $14 a square foot plus the $3.65 for estimated common area maintenance expense. The cost , . of improvements would be additional. There was an option for the City to lecfse the space and have an option to acquire the building at any time over the next ten years with the bl1ty:adju$tment the consumer price index. There would be no risk of cost overruns since the building is already designed and built. Six months after permits are obtained, the building would be built out for occupancy. There is easy access, expansion possibilities, 100 cameras on site, restaurants, transit system, parking, and close proximity to the mall. In summary and conclusion, the City could purchase the space at $180 a square foot and have a substantial savings over the other proposals at $12 million for 67,000 square feet. The City would control the tenant build out with competitive bids and the costs could range from $3.6 to $5 million depending on the level of green to be u.tilized. The total cost would be $15,720,000. There would also be the possible revenue of selling the property on High Ridge Road for $3 million. 12 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 The facility could t?e leased for $712,000 per year and pay $1.1 million in rent with the rate of $7 the firs( year and $,14 the subsequent years. There would be the ten-year option to purchase the leased space. There would be option to purchase 55,000 square feet for expansion. Commissioner Rodriguez pointed out the proposal was for 67,000 square feet and the other proposals we,re for 81,000 square feet. Mr. Comparato replied the 81,000 square foot would include common areas. He also assured the Commission there was. no Chinese drywall used in the building. Commissioner Ross thanked the presenters for their detailed information. Patrinelv Group Mike Ross, Washington Real Estate Partners, explained his company has had ties with the City of Boynton Beach over the last 20 years, and he was a resident of Boynton Beach. Three repJesentatives of JMW Architects were also present as well as two representatives of Miller Construction Partners, partners with Patrinely. Owen Duke of the Patrinely Group advised office buildings are the core products of the Group. Mr. Duke explain~d the team reviewed the Master Plan and its proximity to the transit development corridor with the rail tracks and the harbor. The cultural civic cent~r is in the area and the Martin Luther King project. The Master Plan has the City Hall situated on Federal Highway and Boynton Beach Boulevard. The plans submitted were for City Hall to be in the center of the block which belongs to Washington Real Estate Partners, except for a small section owned by the City. which would be a land swap to complete the area and eliminate the land cost for the project. The new facility would spur further development for the remainder of the block ar.id spur development to replenish the tax revenue loss from the use of ' the land by the City. There is expansion space in the back for a garage that could be filled in for future use also. ::- One option provided for a state-of-art police facility to be built at the current loca.tiol) of City Hall. It would be a familiar location and busy area for a police department. Another option called for afive-story police facility to be located behind the proposed Cfty Hall with its own private entrances and connected with a bridge to the garage areas', The current site of City Hall and the police station could be sold to offset the cost of the new buildings. Another option was to move the Public Works compound to the High Ridge RO?d site and move the police facility to the present site of the Public Works compound near the Martin Luther King Corridor. .. 13 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 The preferred options were to maintain City Hall at the location on Federal High~y and build a new police facility at the current location or immediately behind the pr9Posed City Hall location. The new City Hall would be a gem in the area and be a life-blood for Boynton Beach; The proximity to the Library would .be advantageous for the Citizens and visitors. Brick lined streets would add to the area and replacing the Civic Center with an amphitheater to create a downtown area would be another feature. The Old High School could be used as an artist center and would help to keep the downtown , " . area alive. Commissioner Ross clarified one option proposed the current site of City Hall for the police facility. The second option would have the City Hall and police facility off of Federal Highway. The third option would involve the Martin Luther King Corridor for the Police Department, moving Public Works and moving City Hall. Mayor Taylor discussed the proposed land swap and Mr. Duke pointed out there would be a land exchange with the CRA and no costs. Mayor Taylo; inquired about cost estimates and Mr. 'Duke would not discuss the issue because only ideas were sought at the time of the RFP and discussed at previous Commission meetings. The costs would be within the budgeted amounts. Commissioner Rodriguez contended a memo dated November ,10th outlined all 'the costs. He did question the anticipated tax revenue estimates. Mr. Duke responctedthe current taxes received are $39.500 and once developed, the. site could generate $644,000 in tax revenue based on the current land values. Deveroping the curr~nt site would generate th~ higher tax base. Vice Mayor Hay remarked his reading of the bid documents found the requirement to provide preliminary cost estimates in the proposal and it was quite clear. Dollar amounts were not being revealed. Mr. Duke explained the pricing was based 01) a hypothetical building since accurate designs were not available and information was limited. He apologized for his interpretation of the RFP document and not providing 'the pricing information with his proposal. Mayor Taylot:stressed the RFP was a legal documenHmd the other developers did not have the same problem. Commissioner Rodriguez asserted it shpuld be viewed as in the best'interest of the City. ' . , There was discussion on the procedure to be followed and any decision that should or should not be made based on the four presentations. Jeff Livergood, Director of Public Works and Engineering, recalled initially the space needs for the Police Department were determined. Then, the space needs of C~ty Hall were evaluated if the Police Department was moved and the renovation costs in comparison to r~placement costs. Due to the current economic situatioh, the 14 Meeting Minutes Regular City Commission Boynton Beach, FL November 17,,2009 opportunity to take advantage of lower construction costs became an iss,ue for consideration. The RFP was structured to allow the CommissiQn the opportunity to investigate any possibilities. Commissioner W~iland was in favor of keeping City Hall in the,:downtown area, not building a new City Hall, moving the police facility to Renaissance Commons and moving the Public Work facility to the site on High Ridge Road to vacate the property in the Heart of Boynton. He understood Fire Station #1 would remain a substation ~nd the existing police facility could be used to expand some of the departments for City Hall. Commissioner Ross agreed with Commissioner Weiland that the Public Works, facility should be moved out of the residential area. Vice Mayor Hay favored the City Hall and police facility being located next to Fire Station #5 on property currently owned by the City. The current building is not generating any tax, revenue and it could be sold and revitalize the tax base. Commissioner Ross wanted the Commission to consider keeping City Hall at its 0urrent location and moving Public Works to the High Ridge Road location. Commissioner Weiland pointed qut moving qut of the area would send a neg~tive message to the business owners in the downtown. Commissioner Rodriguez alleged many areas have now been redeveloped with new businesses and yet the east side of town had seen no growth. He predicted, if City Hall was moved from the downtown area, the entire area would collapse. - Vice Mayor Hay proposed in the long term, developers may be'hesitant to deal with Boynton Beach based on past development trends. He was not opposed "to the downtown area and he could support that decision; however, realistically the property at Fire Station #5 is already owned by the City and the sale of the current location would be used on the Old High School. Commissioner Weiland maintained the police facility could be moved west of 1-95 and the downtown are~ would.not suffer. City Hall should remain downtown. Commissioner Ross interjected the decision had already been made that the Commission would consider all and any locations for both the police facility and City Hall. The proposals received were three west of 1-95 and one east of 1-95. It would be improper to now only consider the one proposal east' of 1-95. Mayor Taylor favored two of the four proposals. The Renaissance Commons price was unbeatable, if money was the only concern. The location by Fire Station #5 would create a fire/safety complex and had the disaster control center. There would be easy access for the police and the public at that location. The Sembler location was--in the middle of a retail a'rea and could create traffic concerns. The Patrinely proposal was too 15 -;--- Meeting Minutes Regular City Com~ission Boynton Beach, FL November 17,2009 wide spread and more expansive than was ever discussed, with no cost e~tim~tes provided f~:>r any of the ideas. Commissioner Weiland agreed with Mayor Taylor's logic and reasoning, but he reiterated his desire to move the Public Works facility out of the Heart of Boynton and a residential neighborhood to promote redevelopment of the area.. Quintus Greene, Director of Development, advised Public Works would required 8 to 10 acres and only 4.5 acres was .available at the Gateway and High.Ridge site. From" an economic standpoint, City H'all is an aging building requiring increasingly' costly maintenance. It does meet current hurricane codes for public buildings. The current site is 3 acres and sits at one of the busiest intersections in the City. It generates no tax revenue and is an underperforming public asset. The best use of the site would be a mixed -use redevelopment site. The proceeds from the sale of the site could be used to refurbish the Old High School. Commissioner Rodriguez noted most of the current mixed-use sites are empty. He did not foresee viable mixed-use in the future. Commissioner Weiland agreed. Mr. Greene replied the economy was at the bottom of a cycle and it would return to the top eventually. Commissioner Rodriguez reiterated there was an e.xtensive inventory of empty mixed-use.' space. Commissioner Ross suggested estimates be sOllght to refurbish the building and perhaps do something creative with the facility. Mr. Greene noted the site is worth more as vacant land than it is with the building on it. , , Commissioner Rodriguez contended City Hall was an anchor for the downtown area. Mayor Taylor and Commissioner Ross countered City Hall as an anchor did not help the downtown area currently. Herb Suss, 1711 Woodfern Drive. offered his opinion that the Renaissance Commons location for the police facility was the most sensible solution. 'There would be the opportunityio move City Hall to the site in the future. ~ The current building has to be demolished as inefficient and too costly. Jeff Shellnot, noted Delray Beach re-development effort were remarkable and Boynton Beach should have the same vision. The Congress Avenue area was exploding with retail and the focus should now be on the eastern side to increase the tax base. Dr. Piotr Blass, 113 West Tara Lakes Drive, revealed his dream to create a Uriiversity of Boynton. If City Hall and the police facility were moved west, then classroom space could be developed. He envisioned Quantum Park would be excellent site for '21s1 or 22nd century industries. More ~reative uses needed to be pursued. Steve Antone, 234 SW 2nd Avenue, alleged three of the four respondents to the RFP had not followed the City's direction. Mr. Bressner advised the four corners of the RFP 16 Meeting Minutes Regular City Commission Boynton Beach, FL November 17,->2009 asked for pricing information. Mr: Antone countered that funding for or refurbishment of the Old High Scho?1 property ~as required. Attorney Cherof read from the Request For Proposal, "Some proposals may not address all elements of the RFP while others may contemplate either the sale of reuse of the remaining' City property and buildings, existing City Hal1 complex, Quantum Property or Old High School." It was permissive. Mr. Antone contended two of the four respondents indicated no financials were required. Mr. Bressner adv'ised it was the financials of the companies not the proposals. ' Mr. Antone noted only one group addressed the City's master plan. Mr. Bressner indicated the approved master plan called for City Hall to be behind the Civic Center. Commissioner Rodriguez added the master plan was conceptual. Commissioner Ross emphasized the RFP did not require the master plan be followed. Mr. Bressner stressed the Patrinely Group indicated their site was in the Master Plan and that was not correct. Commissioner Rodriguez stressed the downtown Master Plan was conceptual within the district. " Mr. Antone stressed a great deal of money was spent on the Master Plan. He noted only one group had talked to a police department. None of the other presenters addressed what the police facility required. The approach was disorganized, haphazard and unprofessional. Victor Norfus, 261 N. Palm Drive, understood the priority was the Police Department and City Hall could be envisioned in the plans. Moving City Hall out of the area would remove one of the main employers and main attractions to downtown. He agreed the Police Department needed to move. The Renaissance complex was the leas(costly, but access could be an issue. The current City Hall property would go up in value and the building is too costly to maintain. It should stay in the downtown area. Mr. Norfus agreed the Public Works facility should be moved from the Martin Luther King corridor. He concluded the Master Plan should be followed. . Joyce Baker, 430 SW 6th Avenue, recalled Boynton Beach was the gateway to the gulfstream with the best fishing fleets. The City is now mixed-use and has not followed the Master Plan developed 28 years ago and was trying to emulate Atlantic Avenue in Delray. She did not feel the Fire Department and Police Department should be' at the north end of the City and the Commission should help all its residents, Commissioner Ross clarified that COWBRA was not within the City of Boynton Beach. Victoria Castello, accountant and licensed real estate broker, related that a vibrant downtown would help every district within the City. 17 Meeting Minutes Regular City Commission Boynton Beach, FL November 17. 2009 , , Harvey Oyer, 512 N. Seacrest Boulevard, suggested all the proposals be rejected and a price for the property across the street from the current City Hall be ascertain to erect a class A public service building to house police, fire, communication and civil defense areas. It could be financed through a bond issue and paid for over a twenty year:period. Barbara Ready, 329 SW 13th Avenue, opined the proposals were excellent ideas and they could be combined to come up with one concept. She reminded the Commission that only one proposal addressed the Master Plan. A vibrant downtown would add to the quality of life for all citizens. Karen Luttrell, 346 SW ih Avenue, expressed concern of moving City Hall or the police facility out of the downtown area. Both are a landmark for the area and any movement would allow the surrounding areas to deteriorate and crime increase. Jim Williams, 4776 N. Classical, Delray, pointed out the downtown Master Plan includes two sites for City Hall, beside the Library or the Ocean One site. James Brake, 710 SW 2ih Terrace, appreciated the work that had been done, but felt the City facilities should be kept downtown and would improve Boynton Beach overall. Patricia Fitzpatr,ick, 101 SW 4th Avenue, saw the plans as an opportunity to revitalize downtown. The safety factor is a huge issue and City Hall would be an anchQf to the area. She admonished the Commission should be responsive to the citizens. ' Brian Edwards, 629 NE 9th Avenue, suggested the entire RFP should be reviewed and did not think the Master Plan should be ignored. The police facility in a retail area did not make sense to him and he felt it would create more problems, especially in the long term. The location beside Fire Station #5 was a possibility because the police deserved some independence. Making the downtown more vibrant was the responsibility of the Commission and the citizens. A new City Hall and police facility was needed and the voters should decide the issue. LuLu Dacamara, 836 East Drive. asked the Commission to adhere to the Downtown Master Plan..approved in January-Gf 2009 at considerable expense, time and effQrt. The plan was to keep the City Hall downtown and use the Old High Sch_ool as an anchor. Warren Timm, 130 NE 26th Avt?nue, proposed the police facility should be centrally located to have fast access to all citizens. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, a taxpayer in Boynton Beach,. a real estate broker, CPA and a Masters in Public Administration, was disappointed with the process. She stressed the Commission should not be afraid to offend a developer and listen to the citizens. Government has to be prudent spending taxpayer dollars ~lUt has to take risks in areas with high crime and low incomes. 18 Meeting Minutes Regular City Commission Boynton Beach, Fl November 17, 2009 ., Buck B~chanan, 807 Ocean Inlet Drive, debated the location of the Police Department since the police patrol and enforce the law on the streets. The location was impci1ant to economic development and the greatest opportunity for growth wo.uld be the downtown area. Mr. Buchanan felt moving 9ity Hall from downtown would be devastating to the area. Commissioner Weiland confirmed with Attorney Cherof that the goal was ~o find flexibility to select those elements of the proposal~ the Commission wal;'lted to accomplish. Special conditions of the RFP empower the Commission to pick and choose portions of the proposals. Vice Mayor Hay envisioned City Hall downtown on US 1 and the location of the Police Department could be anywhere within the City. Commissioner Ross surmised the Emergency Operation Center (EOC) was moved to the High Ridge location and the Police Department should be there also. Mr. Bressner remarked the property was bought in 2003 for that purpose before the downtown plan was 'approved. C~mmissioner Ross concluded it was a very reasonable approach fOJ a municipality to consider a public safety complex. She did not favor- moving City Hall 'out of the downtown area. Commissioner Weiland asked for Chief Immler's input. The Chief agreed that v~ry few officers are in the station because they are out on patrol. Even detectives are 01,J1 doing investigations. The Police Department had outgrown the current facility many years ago.' The hallway~ are now st~rage closets. Mayor Taylor favored the public safety complex concept. As far as City Hall. he did not have a problem with keeping it in the downtown area; however, he,would not agrt3e with the proposal submitted without mo(e cost information. " . Commissioner Rodriguez agreed with moving the police facility, but there -.....as an opportunity for economic impact on the east side and the citizens have a need t6 go to the Police Department so it should be centrally located. He favored keeping the Police Department in the Downtown Master Plan district. Attorney Cherof suggested the first motion should be to reject the proposal from the Patrinely Group as being non-responsive. Motion Commissioner Weiland moved to reject the proposal of the Patrinely Group for the reason being they were non-responsive. Vice Mayor Hay seconded the motion. The motion passed 4-1. (Commissioner Rodriguez dissentmg) Motion 19 Meeting Minutes Regular City Commission Boynton .Beach, Fl November 17, 2009 Commissioner Ross moved to identify two proposals for final consideration for the Police Department and the two would be Urban and Renaissance Commons, for staff to do final analysis and feedback so the Commission could make an informed decision. Motion failed for a lack of second. Motion Commissioner Rodriguez moved to table the matter for a younger day. Vice Mayor Hay seconded the motion. The motion failed 2-3. (Mayor Taylor, Commissioners Weiland and Ross dissenting) Motion Commissioner Weiland moved to ask staff to enter into, I guess it would be contract talks with Renaissance Commons to move the Police Department to Rena!ssa~ce Commons. Commissioner Ross seconded the motion. The motion passed 3-2: (Vice Mayor Hay and Commissioner Rodriguez dissenting) 4. PUBLIC AUqlENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need' to be adjusted depending on the level of business coming before the City Commission) Herb Suss, 1711 Woodfern Drive, emotionally described the recent Veterans Day ceremony and the monuments in Bicentennial Park. He thanked the City for their recognition of the Veterans. Don Scantlan, 13 Cedar Circle. joined in Mr. Suss's comments and thanked Chuck Magazine as the liaison for the Veterans Commission. He commended Tom KaIser for the work he has done for the Veterans and the City for their support. Mayor Taylor announced there would be another ceremony on December 7 at 12:30 dedicating a monument for Pearl Harbor. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant posiVons on City advisory boards. 20 Meeting Minutes Regular City Commission Boynton Beach, F.L November 17, 2009 Motion Commissioner Rodriguez moved to table all appointments. Commissioner Ross seconded the motion. The motior:l passed unanimously, 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommendec;tJ)Y ~he City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on November 3, 2009. B. Approve the sole source purchase of two (2) L1FEPAK-15 cardiac monitor/defibrillators from Physio-Control Inc, located in Redmond, WA, for a total expenditure of $56,492.27. C. PROPOSED RESOLUTION NO. R09-174 -- Approve an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for joint participation and project funding for the construction of the bridge on Lawrence Road from south of the C. Stanley Weaver Canal to north of the C. Stanley Weaver Canal. The cost to the City is $48,583.20. D. PROPOSED RESOLUTION NO. R09-175 -- Approve an Agreement with Arts and Culture Group, Inc. to implement the Jaycee Park Interpretive Public Art Markers Project for $154,090. ' Commissioner Ross pulled item 6.0 for discussion. E. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. F. Approve a motion to accept the written report to ,the Commission for purchases over $'10.000.00 for the month of October 2009. ' Motion Vice Mayor Hay moved to approve the Consent Agenda with the ~xception of It~m 6.D. Commissioner Ross seconded'the motion. The motion passed unanimously. 21 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 6.D. PROPOSED RESOLUTION NO. R09-175 -- Approve an Agreement with Arts and Culture Group, Inc. to implement the Jaycee Park Interpretive Public Art Markers Project for $154,090. Commissioner Ross noted it was a matching grant application and staff had worked hard to accomplish the project. '., Debl;>y Coles-Dobay, Public Art Administrator, was pleased with the grant from FIND (Florida'lnlet Navigation District). Motion Commissioner Ross moved to approve Proposed Resolution No. R09-175. Commissioner Weiland seconded the motion. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify on any of the public hearing items. A. Sunshine Square Phase I, (SPTE 09-011), Site Plan Time Extension, located at 501 East Woolbright Road. Request approval for one (1)-year site plan time extension for a major site plan modification (MSPM 08-002) and conditional use (COUS 08-001) development order that was approved on March 18, 2008, thereby extending approval from September 18, 2009 to September 18, 2010. The Planning and Development Board recommends item be approved. Applicant: Jeff Zito, Land Design South. Kathleen Zeitler, Planner, reviewed the request for a site plan time extension to obtain a building permit. The extension would be to September 18, 2010 with the justification of economic conditions. Staff recommended approval and that all the previous conditions apply. The Planning and Deve:lopment Board recommended approval also. Jennifer Vail, Land Design South. advised the applicant agreed with the Conditions of Approval. . " 22 Meeting Minutes Regular City Commission Boynton Beach, FL November 17,2009 Mayor Taylor opened the issue for public hearing. No one carrie forward. Mayor Taylor closed the public hearing. Motion Commissioner Rodriguez moved to approve Item VIII.A. Commissioner Ross seconded the motion. The motion passed unanimously. B. De Filippis Pool Variance, (ZNCV 09-007), Zoning Code Variance, located at 1006 SW 26th Avenue. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E. Swimming Pools, requiring a minimum setback of 8 feet from any property line, to allow a setback of 1 foot from the rear property line, for a variance of 7 feet, for a proposed swimming pool within the R-1-AA Single-family Residential zoning district. The Planning and Development Board heard this item on October 27th and forwards it with a recommendation of approval. Staff recommends approval based primarily on lot depth and layout. and the history of variance approvals within the neighborhood. There are no conditions of approval recommended by staff or the Board. Applicant: Andrew DeFilippis. . Ms. Zeitler reviewed the location of the property and request for a seven-foot variance for a pool and a rear setback of one foot. There is 8-10 foot of grassy area from the property line to the seawall. Similar variances have been approyed in the area. Staff and the Planning and Development Board recommended approvaL' . Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. There was agreement with the applicant to consolidate the three requests for hearing. C. Seac,rest Surgical Center, (ZNCV 09-003), Zoning Code Variance, located at 2314 South Seacrest Boulevard. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6 (A) (3), requiring 39 parking spaces to allow the provision of 36 parking spaces, for a variance of 3 spaces, for a proposed medical office building addition within the C-1 Office Professional zoning district. The 23 Meeting Minutes Regular City Commission Boynton Beach, Fl. November 17, 2009 Planning and Development Board recommends the item be approved. Applicant: Styperek Enterprises, Inc. D. Seacrest Surgical Center, (MSPM 09-006), Major Site Plan Modification, located at 2314 South Seacrest Boulevard, Request approval of g major site plan modification for the construction of a 760 square foot addition to an existing 7,040 square foot building, zoned C-1 Office Professional zonin,g district. The Planning and Development Board recommen.ds the item 'be approved subject to all staff comments. Applicant: Styperek Enterprises, Inc. . E. Seacrest Surgical Center, (ZNCV 09-004), Zoning Code Variance, located at 2314 South Seacrest Boulevard. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11 (d) (19), requiring a 30 foot front setback, to allow a 23 foot setback, for variance of 7 feet, for a proposed medical office building addition within the C-1 Office Professional zoning district. The Planning and Development Board recommends the item be approved. Applicant: Styperek Enterprises. Inc. Ed Breese, Principal Planner, reviewed the requests for a major site plan modification for a 760 square foot addition' and variances for parking and a front setback of seven feet. Two operating rooms were planned to be added that would require less parking spaces than a practitioner's office. A parking survey was completed by the applicant. The building facad.es have been maintained. However, the variance is a direct resuit of actions on the part of the applicant and would not meet the hardship criteria. Staff supported commercial and office redevelopment and business retention and growth. Past variances ha'd been granted using more than the initial criteria by placing emphasis on economic pote~tial trends and needs of businesses and impact on adjoining property owners. Staff determined the parking is underutilized, the design minimizes site impacts, promote,> tree preservation and does not adversely impact surrounding properties. The appearance of the building Will not be negatively impacted or the Seacrest corridor. . The encroa,chment is minimal. An alternative for the applicant might be relocation., Staff recommended approval, subject to the Conditions of ApprovaL Juan LeNorris, Architect for the project, indicated the applicant was in agreement with the Conditions of Approval. . Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner Weiland disclosed he had spoken with the applicant six weeks ago. Motion 24 Meeting Minutes Regular City Commission Boynton Beach, FL ' November 17, 2009 Commissioner Weiland moved to approve the parking variance. Vice May6r Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to approve the major site plan modification. Commi$sioner Weiland seconded the motion. The motion passed unanimously. Motion Commissioner Weiland moved to approve a variance for seven feet from the 30 foot front setback. Commissioner Ross seconded. The motion passed unanimously. F. PROPOSED ORDINANCE 09-044 - FIRST READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). ReqUest to amend the Land Development Regulations, Chapter 2, Zon!ng, Section 5.L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine- oriented and water-dependent uses, and establishment of development regulations for implementation. The Planning &.Development. Board recommends that the item be approved, subject to consideration oflimited exterior display for sales purposes, water conservation and treatment requirements be reasonable considering the actual use of the water, provisions to allow the temporary residing on a boat, and an increase in allowed heights based on the spatial needs for boat storage. Applicant: City-initiated. . Attorney Cherof read Proposed Ordinance No. 09-044 by title only. Mike Rumpf, Planning and Zoning Director, reviewed the text amendment to support,the comprehensive pl~n and state laws governing manatee protection,' working water fronts, public access, recreation and economic demands. The intent is to amend the Land Development Regulations to maximize land use availability and protect residential neighborhoods from negative impact. The amendment would increase the IPUD mixed- use opportunities or' use potential in certain segments of the Federal Highway corridor. There is a specific'tie to the preferred site category included in the Palm Beach County Manatee Protection Plan. The entire waterfront would have certain zones The regulations includ~ site standards, operational standards, landsc~ping regulatio~ls and design standards. Comments from the public were reviewed along with' staffs recommendations. " Mayor Taylor voiced concern about any residency on boats. Mr. Rumpf noted the current regulations prohibit anyon-board residency. Commissioner Weiland would 25 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 support a temporary, two or three-day occupancy, but not year-round houseboats. Mayor Taylor suggested the issue be examined more closely befo,re second reading of the ordinance. . Mr. Rumpf concluded that st~ff recommended the changes because it continued to maintain the integritY of the Infill Planned Unit District and furthe~, initiatives of tDe Gity and State in terms 'of waterfront access and manatee protection. . . Mayor Taylor opened the issue for public hearing. Warren Timm, 130 NE 26th Avenue, suggested a time limit should be set for o~ernight accommodation for boaters. ' Mark Karageorge, 240A Main Boulevard, supported the proposed ordinance because it assisted with water conservation efforts and increased economic development. Bonnie Miskel, representing a property owner within the preferred area, and proposing to convert their property to a high-end, luxury marina was in favor the proposed changes. EPA would not grant permits for any docks without the preferred area designation. New technology in equipment would lessen noise and damage to the boats, but would require the additional height to be utilized. Ms. Miskel also in9icated that overnight residency may be needed to accommodate work schedules at the marina and the boat owners. She did suggest that the height extension be minimized with perimeter trees to screen the building. Nancy Chandler, was concerned about the height increase in an IPUD and any future impact it may have. The IPUDs are sprinkled throughout the City in single-family neighborhoods and compatibility should be considered. It should be carefully monitored. Motion Commissioner Weiland moved to approve Ordinance 09-044. Commissioner Ross seconded the motion Vote Deputy City Clerk Pyle called the roll. The vote was 5-0. . G. PROPOSED ORDINANCE NO. 09-045 - FIRST READING Request to adopt the 2009 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs ,(DCA). ' 26 Meeting Minutes Regular City Commission Boynton Beach, FL November 17, 2009 Attorney Cherof read Proposed Ordinance No. 09-045 by title only on first reading. Hanna Matras, Senior Planner, explained the Capital Improvement Program was approved as part of the budget process. The program was re-formatted for the Department of Community Affairs. Mayor Taylor opetred the issue for public hearing. No one came forward. Motion Vice Mayor Hay moved for approval. Commissioner Ross seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 5-0. - H. PROPOSED RESOLUTION NO. R09-176 -- Approve Land Devel0pment Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC that involves a revised City process for expediting site reviews and modifying surety requirements. Attorney Cherof read Proposed Resolution No. R09-176 by title only. He explained the resolution should be adopted at the next meeting since two public hearings were req u ired. Michael Weiner, on behalf of Gulfstream Gardens, advised the project would employ many people to construct a 300 unit project that could commence as early as April, 2010. The project began in 2005 when land prices were very high. The land acquisition was completed in October, 2005 and the project moved through the development process. The site ~as included in the CRA area. There would be 32 buildings bp.tween Dixie and Federal Highway with 308 market rate units. $2.4 million has been spent and the project has not gone vertical. Mr. Weiner felt that economic feasibility could be demonstrated to the lenders. He reviewed the requests of the applicant as follows: .. Confirm a p'ermit application fee of $182,000 has been properly credited. Permit application fees remaining be based on fee structure.of September} 2006 Project designed based.on a private water, sewer system, p(;lving and drairJage Release of a $440,000 bond for improvements ' Off-site bonds be in a nominal amount Confirmation that Art in Public Places fee would not apply Capacity reservation fee would not apply Parks and Recreation fees be based on fee structure of October, 2005 27 Meeting Minutes Regular City Commission Boynton Beach, FL November 17: 2009 , . Commissioner Weiland commented he would be in favor of the agreement, but may . . have questions at the second .public hearing. Mayor Taylor questioned why a private water and sewer system and, Mr. Bressner responded the idea was to not put public requirements on private property and accommodate the developer by streamlin~ng the process. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof advised no action was required other than to have the public hearing. I. PROPOSED RESOLUTION NO. R09-173 - FIRST READING - Designating a Portion of the Community Redevelopment Area a Brownfield. (Tabled on November 3,2009) MOTION Vice Mayor Hay moved to remove Item 8.1 from the table. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Resolution No. R09-173 by title only. Mayor Taylor opened the issue for'public hearing. Lulu Dacamara, 836 East Drive, complained legal descriptions were not attached to the map and the map was not legible. She was concerned the resolution had been signed by the Commission at the November 3, 2009 meeting when it was tabled and the proposed brownfield area included more than commercial and industrial properties and the two projects in the Heart of Boynton. Attorney Cherof clarified the signed resolution would have no effect because two hearings were required. Mayor Taylor stressed the designation was a development tool and any property owner had the right to opt 6ut of the brownfield area. Vivian Brooks, Assistant Director of the CRA, advised the areas were of high re- development 'interest, commercial and industrial. The high redevelopment interest area would be the downtown and Heart of Boynton. Any area designated as mixed use in the CRA would be included using the City's latest, GIS layer. Commissioner Rodriguez recalled that information would be sent to all property owners in the area so they can opt out of the designation. 28 Meeting Minutes Regular City Commission Boynton Beach, FL November 17. 2009 Nancy Chandler, 914 NE th Street, reviewed the history of the brownfield designation for commercial, industrial, three Heart of Boynton projects in progress and no residential areas. Legal descriptions were 'dIscussed and agreed they would be providecl. The residents do not want to have to prove their property is not toxic. . Buck Buchanan, 807 Ocean Inlet Drive, Chair of Greater Boynton Beach Chamber of Commerce and Past Presiden~ of INCA advised both organizations had support~d the brownfield designation for the commercial and industrial areas. The high redevelopment areas included the mixed-use designations also. It is an extremely important development tool and action should be taken. Jim Knight, 740 Havana Drive, Boca Raton, advised the brownfield designation was important to his project at the Gulfstream Mall. Property owners can opt out of the designation and it would not mean their property is contaminated. It provided an opportunity for federal funding based on the designation. Brian Edward, 629 NE 9th Avenue, did not understand the change in direction by the Commission on the issue of the brownfield and did not agree with the police facility being placed in a strip mall. Commissioner Ross was frustrated with the lack of trust the citizens had "'inthe Commission and noted many'citizens, other than those present, :had offered opinions and insight that had to be considered. . Motion Mayor Taylor pas$ed the gav~1 and made a motion to approve Proposed Resolution R09-173 on first reading. Commissioner Weiland seconded the motion. ' Commissioner Rodriguez inquired about the time period residents had to opt out of the brownfield designation. Attorney Cherof advised there was no time period, unie,ss the Commission wanted to set a deadline. Ms. Brooks interjected financing was af: issue due to the prior use, not an economic development overlay. Due to the number of property owners', ~otification would be problematic. She advised public meetings had been held and information provided. Mark Karageorge, 240A Main Boulevard, contended the designation was an economic tool and after more than two years of discussion, economic development should be the priority. Keeping and attracting businesses in Boynton Beach should be the objective and the designation was a tool to accomplish that goal. The motion passed unanimously. 9. CITY MANAGER'S REPORT 29 Meeting Minutes Regular City Commission Boynton Beach, FI:- ' November 17'c2009 A. Accept report on canal and waterway ownership, dedication, and maintenance; and establish canal and waterway maintenance policies. 10. FUTURE AGENDA ITEMS A. Propbsed Ordinance No. 09-009 Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) B. Proposed Ordinance No. 09-010 Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Dev610pment (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) , . C. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and Fire/EMS Services contracts and2) Water/Sewer charges. (Tabled on October 20, 20(9) 11. NEW BUSINESS None 12. LEGAL A. PROPOSED RESOLUTION NO. R09-177 -- Accept Deed from the CRA and declare and formally accept the additional right-of-way required for the widening of Boynton Beach Boulevard Extension, east of Federal Highway. Attorney Cherof read Proposed Resolution No. R09-177 by title. only. Mayor Taylor opened the issue for public hearing. No one came forward. Motion " Commissioner Weiland moved to approve Resolution No. R09-177. Vice MayOr Hay seconded the motion. The motion passed unanimously. 13. UNFINISHED BUSINESS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection 30 Meeting Minutes Regular City Commission Boynton Beach, FL November 17,2009 process for appointment of a seven-member Comml;Jnity Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. Motion Commissioner Ross moved to table Item 13.A. Motion Commissioner Weiland moved to table Item 13.A to the first' meeting in January. Commissioner Ross seconded the motion. The motion passed 4-1. (Commissioner Rodriguez dissenting) 14. ADJOURNMENT There being no f.urther business to come before the Commission, Mayor Taylor properly adjourned the meeting at 11 :59 p.m. (Continued on next page) 31 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST: ~Yn_~ net M. Prainito, CMC ity Clerk Ii dith A. Pyle, C . Deputy City Clerk November 17, 2009 CITY OF BOYNTON BEACH .....~...../ !\ .c-=---.-'....... ~ V.. ... ' ;. 't7/Y"i'vtf t 4,.z, J~rry Tay~r, Ma~ /") ~ 4/~< / Woodrow L. Hay, Vice Mayor 32