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Minutes 02-09-93HINUTES OF THE SPECIAL CITY COHNIS$ION FLEETING HELD IN COI4HI$SION CI~U~BER$, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 9, 1993, AT 4'.30 P, H, PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jo~e Aguila, Commissioner Edward Harmening, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Mr. Cherof listened to the meeting via the sound system from his office. CALL TO ORDER Mayor Weiner called the meeting to order at 4:34 P. M. INTERVIEW THE FOLLOWING THREE FIRI4S IH REFEREHCE TO THE HANGROVE NATURE PARK Robert H, Nlller &Associates, Inc, (RHI~) Leo Schwartzberg, Vice President of Robert H. Miller & Associates, Inc., stated that if selected, he will be the Principal in charge. He introduced the proj- ect manager, David John, a registered, professional engineer and certified environmental professional, and Bill Rosenberg, landscape architect and planner. Mr. Rosenberg was Director of Planning and Research of the Dade County Parks and Recreation Department for six years. Since leaving the County, he has been in private practice. He has a tremendous amount of experience in park design and park work, including the Fern Forest Park in Broward County. Mr. Schwartzberg also introduced Jasmine Moore of API Group Architects. Mr. Schwartzberg told of his and RHM&A's experience with park design, including the 1,400 acre West Lake Park in Hollywood, which has a lot of similarities to Mangrove Park. The three elements to Mangrove Park include the environmental element (which includes design and permitting), the park use element, and the integrating of this park into the overall downtown of Boynton Beach. Mr. John spoke of environmental design and permitting. He advised that he has managed a number of environmentally sensitive projects, West Lake being one of them. He and Mr~ Schwartzberg canoed Mangrove Park and have become very fami- liar with the attributes of the site. He believed passive park activities can be interjected with the natural environment at Mangrove Park. One of his first tasks would be to get a binding jurisdictional determination with the agencies to determine the environmental issues to be dealt with and preserved before laying out a site plan. He proposed to introduce canoeing, boardwalks, and nature trails in the passive areas of Mangrove Park where they would least affect the environment. Mr. John advised that with minor modifications, the site could be canoeable. Bill Rosenberg of Rosenberg Design Group, landscape architects and planners, who have been in business for about twenty-five years, talked of integrating the two areas. Mr. Rosenberg was the prime consultant for the design of many parks, - i - N~NUTE$ - SPECIAL C]:TY COI4N]:$$:[ON NEET]:NG BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 including Fern Forest Park. He stated that the site conditions at Fern Forest Park are very similar to the site conditions at Mangrove Park in that the ground is quite mucky and does not have a very good support system to it. Mr. Rosenberg advised that a natural area is a constantly changing environment and requires a long-range management plan for continually managing the system (injecting water when needed, preventing fire during severe droughts). With regard to the privately owned land separating Mangrove Park, Mr. Rosenberg would like to study any proposed plans the private developers may have and offer suggestions of how there might be some integration of activity or connection (joint use of parking area, signage system and other architectural details) which would start to unite the two spaces. Mr. Rosenberg stated that initial design is important to minimize impact on the environment, maximize recreational and interpretative opportunities, and to provide a long-term management plan that City staff can carry through on an ongoing basis, ]earning to recognize certain stresses that may change the environment in the wrong way, and learning to implement certain strategies to improve and continue to enchance it. Jasmine Moore spoke of the architectural aspects. She will be coordinating most of the work with the environmental engineer, the planner, and the landscape architect. She will be coordinating the kiosks, pavilions, restrooms, and pic- nic areas. Her major goal would be to meet with City staff to determine the basic concept that the City wants to design with this project. Then she will proceed to design, taking the environment and the ADA into consideration, and making sure the facility is safe and successfully done. Mr. Schwartzberg advised that as a result of a heavy canopy of trees at Fern Forest, the boardwalk is always wet because it never gets to dry out in the sun. This boardwalk gets so wet sometimes, it has to be closed to the public. Mr. Schwartzberg suggested constructing the boardwalk at Mangrove Park with 100 per cent recycled plastic, which does not get slipPery when wet because it does not absorb any moisture. Tests show this material will last thirty to fifty years. Even though the initial cost is higher, the ultimate savings is tremen- dous. In response to Commissioner Harmening,' Mr. Schwartzberg advised that this material cost one and a half times the price of pressure treated wood; however, Federal and State grant money is available for environmentally sound, recycling projects. Mr. Schwartzberg advised that when this park is finished, it has to be the northern cornerstone of the downtown area. It has to be a place where people want to come again and again. One of the unpleasant aspects about visiting the site now is the bugs. They cannot be eliminated; however, the situation can be improved upon by changing the flushing patterns of the canals by opening up some of the dead end canals so that water can get all the way through. This will increase the fish population in those areas and decrease the bug population. Commissioner Aguila requested that if selected, Mr. Rosenberg provide the City with a resume. Commissioner Aguila asked what was being done within the park to make it accessible to the disabled. Mr. Schwartzberg advised that boardwalks have to -2- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 be constructed with slopes that are flat enough to meet the ADA requirement. addition, signage will have to be placed so that a person who is sitting in a wheelchair can read it. In Commissioner Aguila asked what percentage of RHM&A's projects have been done within the budget allotted. Mr. John advised that the West Lake project came in under budget. He stated that the key is good planning and liaison with the client upfront. Mr. Schwartzberg added that a road which was constructed in the Town of Pembroke Park came in 1 per cent over budget. In response to Vice Mayor Matson, Mr. Rosenberg explained the floating peers used instead of excavating very mucky soil, whiCh would tear up the environment. Mr. Schwartzberg added that the only demucking that will be considered in the channels will be enough to allow canoes through those channels at low tide. Commissioner Harmening inquired about the annual cost to maintain Mangrove Park. Mr. Rosenberg was not prepared to say because it is not known what exactly will be built there; however, he felt the cost would be minimal, particularly if a management program is developed. At this point in the meeting, Vice Mayor Matson announced that she has to leave the meeting early and asked if she could vote before doing so. She stated that she has read all the material submitted by all three firms. Mr. Cherof returned to the Chambers to advise her that if she participates in any part of the pres- entations given by all three firms, then she may participate in the vote. Semtnole Bay Land Company, Inc, David Keir, Planner, Landscape Architect, and President of Seminole Bay Land Company, introduced Bob Walker of Mock, Roos & Associates, Inc., Engineers. He proposed a joint venture for this project with Seminole Bay Land Company serving as the prime contract consultant. He asked Mock, Roos to join Seminole Bay because of their additional experience in F.I.N.D. grants and for their con- tinuing relationship with permitting agencies that would be involved in this project (DER, DNR, Army Corps of Engineers, and the County's DERM agency). Mr. Keir advised-that he met with each of the agencies briefly to discuss this project and felt the City can look forward to the permitting process being an opportunity, not a problem. With regard to the permitting aspects of the proj- ect, Mr. Keir gave a brief synopsis of the involvement of each of the four agencies. Commissioner Harmening asked if the Corps would issue a nationwide blanket per- mit for a project such as Mangrove Park. Mr. Keir advised that if the board- walks were the only things built and there was nothing in the navigation channels, it would probably fall under the general permit. Mr. Walker stated that due to the work City staff has already done, the F.I.N.D. grant process should go well. He advised that Mock, Roos was the Engineer of Record for the fishing pier project at Currie Park. This was a F.I.N.D. grant project. It was completed on time and within the budget. Mock, Roos has been -3- #INUTES - SPECIAL CITY COHI4ISSION NEETING BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 in business for thirty-eight years in this County and has developed a rapport with the permitting agencies to help move a project to construction. Mr. Keir spoke of planning. He stated that this park is about excitement and if you cannot excite people to make them return, you have just created another piece of art to hang on the wall. Seminole Bay is only a four year old company. However, in those four years, they have created tremendous relationships with permitting agencies. Slides were shown of previous boardwalk projects done by Seminole Bay. Mr. Keir stated that in addition to creating circulation, a pathway should create places for people to collect. Some of the activities he has seen associated with the park would include floating docks, glass bottom decks, tree houses, observation towers, informational signage, and bridges. The pathway should interact within itself. He proposed a couple of path systems, each with its own degree of dif- ficulty in terms of width, slopes, and obstacles along the way. He envisioned interactive displays showing how a mangrove filters water, moving decks which rise and fall with the tides, floating and removable deck and dock sections to allow portions of the park to be isolated during nesting seasons or other impor- tant events, changing the decks to make the paths different. He felt all this would make it worth revisiting the park. He hoped this park would be the first phase of what could be an environmental center for Boynton Beach. He is going to meet with the agencies in a preapplication meeting to set the project limits. He proposed using recyclable materials in the park. He felt all the paths should lead to someplace where you see some panorama or something special that will bring you back again. Commissioner Harmening asked how he proposes to stabilize the boardwalk through the muck area. Mr. Keir advised that one way would be to use floating founda- tions. Commissioner Harmening asked what can be done about the bugs that are in the park most of the time. Mr. Keir suggested bug lights and screening in the areas where there will be activity. Commissioner Aguila asked if Mr. Keir anticipates the need to remove any of the existing muck. Mr. Keir was reluctant to remove the existing muck. He advised that if the muck is removed, the succession of the system in place would be affected, and that permitting becomes much more involved with the existence of mucking and dredging issues. In addition, the dredging equipment is highly inefficient. Commissioner Harmening asked about the depth of the silt at Mangrove Park. Mr. Keir advised he has not examined the silt yet; however, he would take a boring to determine what kind of silt it is before taking it out, since its removal could affect the environmental quality. He suggested staying away from dredging and filling if possible, since it will create a schedule problem. Mr. Keir mentioned additional sources of funding. He advised that DER has a Florida Land Conservation Trust specifically set up for funding these types of -4- HINUTES - SPECIAL CITY COt4t4iS$ION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 parks. DCA is now funding coastal management plans. South Florida Management District has an educational fund for the types of activities that could happen at this park. Mr. Keir stated that mangrove demonstrations and marine construction demonstra- tions can be held while the park is being constructed. At this point in the meeting, Mayor Weiner explained the voting process. Three points will be given to the firm of each Commissioner's preference. Two points will be given to the firm of their second choice, and one point to the firm of their last choice. Gee & Jenson, Inc, John Yeend stated that Gee & Jenson is fairly familiar with this project. They have been working with the City to get the first phase of the F.I,N.D. grant and in developing the original conceptual drawings. He advised that Gee & Jenson has taken the liberty of expanding the original conceptual drawings to incor- porate some of the adjacent development that might come to fruition in the next few years. He introduced the key staff members who would be working on this project. Mr. Yeend would be the project manager for this project and responsi- ble for quality control and making sure that everything is done on schedule. He will also have a lot of input in the actual design of any structures. Jeannette Wojciak would be the project biologist. Her main responsibility would be making sure this project is done in a manner that has the least impact on the mangrove environment. Brett Nein would be the project landscape architect and planner. John Schaefer would be the waterfront engineer. His responsibility would be permitting. Ms. Wojciak would also be working with permitting agencies. Ms. Wojciak told of her background and stated that her main role in this project would be to work with Mr. Nein to do a site assessment of the existing mangroves and determine the most feasible and sensitive areas as far as putting in the actual boardwalk. She will also be working with Mr. Schaefer with the per- mitting process. Mr. Nein told of his background. He displayed an aerial of the park site. He also displayed and reviewed a conceptual master plan for this site. Vice Mayor Matson inquired if Gee & Jenson would be using recyclable materials for the boardwalk. Mr. Nein advised that recyclable materials could be used in nonstructural applications. Mr. Schaefer, environmental permitting engingeer, told of his and Gee & Jenson's background and experience. He stated that there are seven other individuals at Gee & Jenson who have similar expertise. He told of the projects similar to the Mangrove Park project that Gee & Jenson has done. Mr. Schaefer advised that Gee & Jenson has held an on site pre-application meeting with Palm Beach County Environmental Resources Management on a local level, Florida Department of Environmental Regulations on a State level, and the area representative for the Army Corps of Engineers. All three of those representatives felt that with -5- t4INUTE$ - SPECIAL CITY COHI4I$$ION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 reducing the impacts to the greatest extent practicable, impacting the least amount of mangroves, it will be a permittable project. They also asked that Gee & Jenson construct from the end of the boardwalk to minimize heavy machinery, etc. Mr. Yeend advised that he has assisted clients in getting F.I.N.D. grants, including obtaining the first phase of this project. This grant was proposed in two phases. Therefore, F.I.N.D. is expecting Gee & Jenson to come back this year with the second phase. If the boardwalk is going to be all over the mangroves, three phases may be necessary, which F.I.N.D. is fairly receptive to. At this point in the meeting, Vice Mayor Matson left the Chambers. Mr. Yeend continued that F.I.N.D. is fairly receptive to projects they can fund over a number of years. The schedule is important to show good faith to F.I.N.D. that we have proceeded with what they funded last year. The schedule to start construction toward the end of this year is still realistic, but sub- ject to permitting. Gee & Jenson does not like to go out to bid on a project until they have the permits in place. Mayor Weiner felt the Commission should allow at least one public meeting to find out what the citizens want at Mangrove Park. In response to Commissioner Aguila, Mr. Yeend advised that F.I.N.D. is fairly flexible in granting renewals of applications; however, there is a certain time period wherein if work is not started on a project, they will pull the project down. He believed this period was three years. Mr. Yeend informed the Commission of a series of workshops that were held around the State by NOAA and the State's DCA with regard to a new matching fund grant program, making up to $100,000 available for applicants. It appears that the F.I.N.D. money qualifies as matching funds for the NOAA money because F.I.N.D. comes from the State and NOAA is Federal. Therefore, this project could be done in phases. Mr. Nein added that two or three other recreational development funds might be available if the scope of the project becomes a little larger than anticipated. In response to Commissioner Harmening, Mr. Yeend said the mosquito control ditches already exist. The proposal which Gee & Jenson presented to F.I.N.D. was not to dredge significantly, but to clean the snags out and improve the flushing, which will help control the bugs, mosquitos and sand gnats. Commissioner Harmening asked if the waterways can be dredged deep enough for the use of canoes. Mr. Yeend did not survey the ditches; however, he thinks they are already deep enough. He advised that the problem is that trees have fallen into them. At this point in the meeting, Mr. Cherof arrived. Discussion ensued regarding permitting. -6- HINUTES - SPECIAL CITY COMHISSION HEETING BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 Mr. Yeend advised that recyclable materials were considered for the beach park area. There were some concerns about using recyclable boards for the decking where the sun hits them because they appear to be ten to fifteen degrees hotter than the sand. There are no specifications on the structural properties of recycled material, therefore, it is not approved for structural uses. However, it can be used for low level decking, trash containers, park benches, and picnic tables. Mr. Yeend mentioned that a few years ago, Gee & Jenson became committed in quality control and is therefore trained in an extra manner to do things in a quality, efficient way. Commissioner Harmening inquired about the cost of this project. Mr. Yeend advised that the conceptual master plan that was shown this evening is twice the original estimate because it covers twice the area. Generally, boardwalks designed to carry public loads run around $30 to $35 a square foot. Doubling the square footage would make it $600,000 to $700,000. Mayor Weiner thanked the City Manager's Office for the enormous amount of work that was put into moving this project along. ~,ote The Commission voted and past their ballots to the Mr. Miller, Mr. Cherof, and Mrs. Kruse to tally. The vote was tied between Robert H. Miller & Associates Inc. and Gee & Jenson, Inc. ' MAYOR WEINER DECLARED A SHORT RECESS AT 6:15 P. M. THE MEETING RESUMED AT 6:17 P. Mo ELECTION#ATTERS Receipt of Candidates' Nominating Petitions Sue Kruse, City Clerk, announced that the ten nominees who have met all the requirements and qualified as candidates for the March 9, 1993 election are as follows: For Mayor: Robert Brown David Floering Edward Harmening Gene Moore Dee Zibelli For District I: For District III: David Katz Shirley Stevens Jose Aguila Bob Grieco Lee Wische Reading of General Election Proclamation Mayor Weiner read portions of the Proclamation as follows: "I, Arline Weiner, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General Election will be held in the City of Boynton Beach, -7- #INUTE$ - SPECIAL CITY C0t~1I$$I01t t4EETING BOYNTON BEACH, FLORIDA FEBRUARY 9, Z993 Palm Beach County, Florida, on the 9th day of March, 1993. This election will be held to elect one Mayor-at-Large, one City Commissioner from District I, and one City Commissioner from District III, each to serve a two year term. and A Special Bond Referendum Election will be held at the same time to vote YES or NO on the following question regarding a $1,900,000.00 Bond Issue for a P~-~lic High School: Shall the City of Boynton Beach, Florida, issue not exceeding $1,900,000.00 of its General Obligation Bonds maturing not more than ten (10) years from the date of issuance, bearing interest not to exceed maximum legal rate, payable from City ad valorem taxes, to pay costs of capital projects for water, sewer and road infrastructure improvements for construction of a public high school in the City located at Congress Avenue and Old Boynton Road described in City Ordinance No. 093-1." The proclamation sets forth all of the polling places that are open for the voter in the City of Boytnon Beach. Approval of Pollworker$ Ho~lon Commissioner Aguila moved to accept the list of pollworkers. Commissioner Harmening seconded the motion which carried 3-0. #o~lon At 6:21 P. M., Commissioner Aguila moved to recess until 5:00 P. M. on Wednesday, February 10, 1993 to finalize selection of the architects for the Mangrove Park project. Commissioner Harmening seconded the motion which carried 3-0. THE MEETING RESUMED AT 5:00 P. M. ON WEDNESDAY, FEBRUARY 10, 1993. PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney (Arrived at 6:02 P. M.) Sue Kruse, City Clerk CALL TO ORDER Mayor Weiner called the meeting back to order at 5:02 P. M. on Wednesday, February 10, 1993. Mr. Cherof was not yet present. Mayor Weiner advised = 8 MINUTES - SPECIAL CITY COMNISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 Comm~issioner Walshak that he is welcome to sit in; however, it is her understanding from the City Attorney that if one had not been present for the presentations, one cannot vote. Commissioner Walshak stated he was going to vote. MAYOR WEINER DECLARED A RECESS AT 5:03 P. M. UNTIL THE ARRIVAL OF THE CITY ATTORNEY. THE MEETING RESUMED AT 6:02 P. M. Mayor Weiner explained that a Special City Commission meeting was held last night. Three firms made their presentations to be the engineers for the Mangrove Park project. Their presentations were more substantive than the presentation books they presented to the City Commission. Some of the firms presented the City Commission with additional written information. Their presentations were much larger than their written presentations. Vice Mayor Matson could not stay for the entire presentation and asked the City Attorney if it would be all right for her to stay for part of the presentation and vote before leaving. The City Attorney made a ruling that if she was there for part of the presentation, she could vote. However, after tallying the votes, there was a tie between two firms. Since Vice Mayor Matson was not present, another vote could not be taken to break the tie. Therefore, the meeting was recessed until February 10, 1993 when the four members of the City Commission who were present during the presentations could be seated once again. Tonight, Commissioner Walshak demanded his right to vote, even though he had not sat through the presentations. Mayor Weiner was fearful that if Commissioner Walshak votes without having been present for the presentations, the firms who are not chosen may claim they have been denied their right to make their presen- tations in front of a full Commission. Mr. Cherof advised that Commissioner Walshak is under a duty to vote under the Statute, unless he has a conflict of interest and makes his proper disclosure. He advised that Commissioner Walshak cannot, through any procedural device, be precluded from voting at a meeting he is present at and where a vote is taken. He further advised that this is to be distinguished from last night's meeting where we were really dealing with a procedural point rather than a legal point. Last night the City Commission accepted the Vice Mayor's ballot early in the process. They acknowledged that she had been there and agreed procedurally to accept her ballot, even though at the conclusion of the meeting, she was not present. Mr. Cherof recognized the point Mayor Weiner raised with respect to the poten- tial for a displeased applicant to raise either a procedural or legal point. Mr. Cherof felt the City Commission is on sound ground with respect to Commissioner Walshak's right to vote and felt there are a couple of options open to the City Commission. One is that the City Commission afford Commissioner Walshak the opportunity to listen to the tapes of last night's meeting and to review whatever material was made available and filed with the Clerk at that meeting and address the matter at the next City Commission meeting or a special meeting. Alternatively, the City Commission could require the applicants to come back before the entire Commission and make their presentations all over again. Forcing the applicants to go back through the entire process again will -9- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 9, 1993 probably eliminate the possibility of one of them claiming fowl on either a procedural or legal point. Vice Mayor Matson wondered what would prevent these firms from making different presentations. Mayor Weiner pointed out that the City Commission has spent the last two years being extremely cautious about the legal problems that arise and have bent over backwards to go Very carefully to protect the City as much as possible from legal actions as a result of something the City Commission does or does not do. She asked the Commission to again exercise that extra degree of caution. Motion Mayor Weiner passed the gavel and moved that the three firms be asked to make their presentations again before the entire City Commission and that another vote be taken. Commissioner Aguila seconded the motion which carried 4-1. Vice Mayor Matson cast the dissenting vote. Mayor Weiner pointed out that there is a time problem with this project. She directed Mr. Miller to contact the three firms involved. It was the consensus of the City Commission to have the three firms make their presentations again on Tuesday, February 16, 1993 at 4:30 P. M. ADJOURNMENT There being no further business to come before the Commission, Commissioner Aguila moved to adjourn the meeting at 6:13 P. M. Vice Mayor Matson seconded the motion which carried 5-0. THE CITY OF BOYNTON BEACH ATTEST: City~lerk -- ecordi ng Secretary {Three Tapes) Mayor ~/ ~ ~ -~ Vi ce Mayor  ~~issioner Commi ssi oner - 10 - *should read, "...claiming foul on either a..."