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Minutes 10-21-97 MINUTES OF THE REGULAR CITY COMMISS ON MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY OCTOBER 21, 1997, AT 6 30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewic, z. Commissioner Henderson Tillman. Commissioner Kerry Willis, City Manager Jim Cherof. City Attorney Sue Kruse. City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Rev. Dr. Randall Gill First Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Jamie Titcomb Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation Vice Mayor Titcomb led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions. Deletions. Corrections Vice Mayor Titcom~) reqaested the addition of a Proclamation "Catch the VFW Auxiliary Volunteer Spirit Day" as Item III-B. 1 .b. Mayor Taylor added a Proclamation. "Firefighter Memorial Sunday" as Item III-B. 1 .c. Mayor Taylor added a "Presentation by Susan Berman - Cancer Society" as Item Ill-B. 1 .d Commissioner Bradley added Item X-B. "Code Compliance/Enforcement Board". Mayor Taylor added Item X-C. "Report on Relatives Working in the City" Mayor Taylor added Item XlI-A, "Replacement on the Property Negotiating Team for the Ocean Ridge/Boynton Beach Property" 2. Adoption Vice Mayor Titcomb moved to accept the agenda as amended Commissioner Jaskiewicz seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Accept resignation from Janet DeVries. Regular Member. Library Board Commissioner Jaskiew~cz moved to accept the resignation Commissioner Bradley seconded the motion that carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 B. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date II Bradley II Bradley MayorTaylor II Bradley II Bradley MayorTaylor III Jaskiewicz II Bradley Titcomb II Bradley III Jaskiewicz II Bradley Adv. Bd. onChildren &Youth Alt Civil Service Board Alt Cemetery Board Reg Cemetery Board Alt Code Enforcement Board Alt Community Relations Board Alt Community Relations Board Alt Community Relations Board Reg Community Relations Boaro Reg Library Board Alt Library Board Reg Recreation & Parks Board Alt I yr term to 4/98 TABLED-2 2 yr term to 4/99 TABLED-2 3 yr term to 4/00 TABLED-2 1 yrterm to 4~98 TABLED-2 1 yrterm to 9/98 TABLED-2 I yr term to 4/98 TABLED-2 I yrterm to 4/98 TABLED-2 3 yrterm to 4/00 TABLED-1 3 yr term to 4/00 TABLED-2 1 yr term to 4/98 TABLED-2 3 yr term to 4/98 1 I yrterm to 4/98 TABLED-2 *NOTE: Indicates Appointment Will Rotate at Next meeting if not filled Motion Vice Mayor Titcomb moved to remove Commissioner Bradley's appointments to the Advisory Board on Children & Youth. Civil Service Board. Cemetery Board, Community Relations Board, and Recreation & Parks Board from the table. Commissioner Bradley seconded the motion that carried 5-0. Commissioner Jaskiewicz moved Barbara Smith from her alternate position on the Library to a regular position. Commissioner Bradley appointed Angela Dencker as an alternate member of the Advisory Board on Children & Youth. Commissioner Bradley appointed Candi Smith as an alternate member of the Civil Service Board. (This appointment will be put back on the agenda since Candi Smith does not meet the residency requirements for membership on this board.) Commissioner Bradley appointed Richard Parks as an alternate member of the Cemetery Board. Commissioner Bradley appointed Herman Gold as a reguar member of the Community Relations Board. Commissioner Bradley appointed Victor Norfus as an alternate member of the Recreation & Parks Board. Motion Commissioner Bradley moved to approve the appointments as stated, Commissioner Tillman seconded the motion that carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Joint City Commission/Chamber of Commerce Workshop Meeting - Monday, November 10, 1997. 6:30 p.m. - Library Program Room Mayor Taylor made this announcement. City Commission Workshop Meeting for Presentation by City Staff on the Subject of Utility Billing - Friday, November 7. 1997 at 4:00 p.m - City Commission Chambers Mayor Taylor made this announcement. T.N.T. Concert - Friday, October 24. 1997. 5:30 p.m. to 7:30 p.m. Veteran's Park. Ocean Ave. & N.E. 4TM Street - "Legends" - Top 40's Mayor Taylor made this announcement. City Manager Willis advised that flyers will be posted indicating the location of this concert since the T.N.T. Concerts are usually held at Oceanfront Park. Opening of Boynton Beach Green Market - Saturday, October 25, 1997 Veteran's Park. Ocean Ave. & N.E. 4TM Street Mayor Taylor made this announcement and explained that the "Dancin in the Street" event was scheduled to tie in with the kick-off of the Green Market opening on Saturday. Presentations: Proclamations: a. "National Epilepsy Awareness Month" - November. 1997 Mayor Taylor read a Proclamation declaring November as "National Epilepsy Awareness Month" b. "Catch the VFW Auxiliary Volunteer Spirit Day" Mayor Taylor read a Proclamation declaring November 1 1997 as "Catch the VFW Auxiliary Volunteer Spirit Day'', and presented it to a representative of the Ladies Auxiliary of the VFW who thanked the Commission for the Proclamation and explained that their job is to keep the community involved in their work. c, "Firefighter Memorial Sunday" - October 26, 1997 Mayor Taylor read a Proclamation declaring Sunday, October 26. 1997 as "Firefighter Memorial Sunday", and presented it to Fire Chief Bill Bingham. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Fire Chief Bingham thanked the City for the Proclamation and invited everyone to join the Firefighters at this service at Fire Station 3. 2, Resolutions: Recognition of City Government Week - October 19 - 25, 1997 (Proposed Resolution No. R97-173) Mayor Taylor read a Resolution declaring the week of October 19TM through 25t~ as "Recognition of City Government Week". Since Commissioner Bradley did not recall any discussion about "Youth in Government Day", he questioned whether that event would be dovetailing with City Government Week, Wilfred Hawkins. Assistant to the City Manager. said the Community Relations Board has decided to hold this event in April. This issue will be discussed dudng the Advisory Board Forum scheduled for Saturday. The Community Relations Board will work on this event in conjunction with the Education Advisory Board and the Advisory Board on Children & Youth Mayor Taylor acknowledged the presence in the audience of Representative Bill Andrews. 3. Presentation by Susan Berman - Cancer Society Susan Berman. Citizen Action Center Coordinator. reported that she has been involved with the Cancer Society for the past four years. This year. the Boynton Beach location raised approximately $25.000. She presented a plaque to Mayor Taylor for the City of Boynton Beach for helping this cause. In addition, she presented plaques to Commissioner Jaskiewicz for raising $1.000. Jim Ness for raising $1,400. the Firefigt~ters' union, and Chief Marshall Gage for the help provided by the Police Department in arresting the "jail birds". Mayor Taylor commended Ms. Berman for doing a "super" job and making us very proud He thanked everyone who participated in this program. 4. Guest Speaker- Representative William Andrews Representative Andrews said there has been a great deal of confusion about House Bill 2121. This Bill sets up strict accountability under which school districts can build schools. There has been rumor that House Bill 2121 would eliminate art rooms and music rooms. This is untrue, The Bill never addressed that issue. The Bitl did address capacity spaces and how to utilize the schools. During the summer, a great deal of research was done to determine what's wrong and right with House Bill 2121. Representative Andrews talked about square footages per student throughout the country and how that relates to the cost of building a school. House Bill 2121 provides for 83 square feet per student station. We are building the largest and most expensive schools in the nation and the taxpayers do not want this to continue. However. art, music and special labs will not be eliminated Representative Andrews is committed to ~ncreasing computers in the classrooms from two to eight within the next four years. That commitment will cost $1.2 billion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Bonding capacity has been increased from 50% to 75% for use by school districts. However. the Senate included a cut-off date of 2004 for bonding. That "glitch" will be removed. A lot of things will be said and done about overseeing school construction practices. Under any scenario Palm Beach County does not qualify for needing any extra money other than what can be raised locally. Representative Andrews believes the school district can raise $70 million through bonding of their 2 mil money. In the first year, they can build $70 million worth of schools. Continuing this practice for seven years, they can raise $70 million each year for the construction of schools. In addition, there will be incentives for building smaller schools. The school districts will get additional State dollars if they become more frugal and efficient. There will also be rewards for technology. If the school districts' construction divisions do not show a good faith effort to turn their division's around, there will be an i~dependent body appointed by the Commissioner of Education to oversee their construction money. The reason for this is the realiZation that if things are left as is. the voters in Palm Beach County will be paying approximately $1 billion to $2 billion for schools in Dade and Broward. It s important to be careful about what is done and what is requested because it might negatively affect the taxpayers Representative Andrews is hopeful Palm Beach County will look carefully at the way they do things ,and consider bonding as the option to be used. The State has counted portables at as much as 100% of capacity. It is a School Board responsibility to maintain them. The count will be roiled back tO 50%. However. that will not affect Palm Beach County because leased portables are not counted. In addition, Palm Beach County can sell portables at any time, thereby reducing the count. Representative Andrews does not feel it is possible to "pay as you go" for a school buildingwithout a sales tax increase. The Legislature will not add a new tax and they will not allow a School Board to raise the half- penny sales tax without a voter referendum. Representative Andrews feels that by the time the Legislature gets through this issue. School Boards in the State of Florida will be able to make a good plan The School Board wanted to make all schools equal In size. They took all of the existing schools and added to the libraries, cafeteria etc. This requires a new set of special architectural drawings that will drive the cost up. n the corrected Bill. there will be a methodology for making sure that a new school will be built if it is cheaper than adding to an existing school. This is a big change in business management practice that is required because the voters do not want a sales tax increase until the School Board does everything it can within a limited budget. Comm ssioner Bradley shared Representative Andrews' interest in small neighborhood elementary schools. - However. he reminded him that Boynton Beach is on the verge of getting a long, overdue high school. He feels we need a full-sized full-service high school The school district is planning on building the school for 2.500 students. While he understands Representative Andrews' concern for saving dollars, he does not believe two high schools should share athletic fields or stadiums because it would destroy spirit and limit the ability of the students to participate in athletics. He is hopeful Representative Andrews will support a "glitch" bill or amendment to House Bill 2121 that will allow us to have a high school of this size built. Representative Andrews advised that there is nothing in the proposed Bill limiting the size of schools, and he will not do anything to impose a limitation, However. he will try to drive MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 monetary rewards for those who want to build smaller schools. Representative Andrews feets a strong case can be made that more student involvement could be achieved at smaller schools. In addition, there are some programs where there is a school within a school. There would be two schools on the same campus. One of those schools could specialize in a particular program. There would be separate athletic teams. Commissioner Bradley feels reassured and encouraged by Representative Andrews' unbridled support for a full-sized high school in Boynton Beach. Representative Andrews is happy the City will be getting the school it desires, and he will support us, he hopes the 2,500 studbnts will feel like they are in a smaller environment. He wilt file a bill that will require local governments to meet with the School Boards and file a report with DCA regarding school growth and school management. He recommended that everyone read Chapters 163.3161 and 235. These chapters deal with concurrency. By law, we have concurrency and local governments set the size of the schools. Representative Andrews is happy to continue working with the City on this ssue, and wants to do his best for us. He reminded the Commissioners that we have a great need for elementary schools. He feels it is important to concentrate on elementary schools that do not exceed a population of 500. Commissioner Jaskiewicz agrees that a small elementary school is an ideal situation for learning. However. it is not practical today because of student popLtlation. She pointed out that Citrus Cove Elementary School was built for 600 students. They now have 37 portables on site. The air conditioning in portables is very loud and the atmosphere is not conducive to learning. Commissioner Jaskiewicz agreed, with Representative Andrews that': it is unlikely a sales tax increase would be supported by the voters. Representative Andrews said he is not a fan of portables. However. across the State. we are still at the same amount of portables percentage-wise as we have been for the last 20 years. He feels we should have anticipated this growth and planned for it He does not understand how this situation got out of control. Representative Andrews is hopeful we will be able to build our way out of this situation Statewide within four years. Mayor Taylor said that when he thinks of numbers in schools, it is in relation to class size. Problems begin once there are more than 20 students in a class. W~th regard to the ~ssue of raising the bonding for COPs from 50% to 75% and limiting that to Year 2004 to provide $70 million per year, Mayor Taylor pointed out that that $70 million could possibly build two or three schools at today's prices Tha~ would amount to 21 schools over a seven-year period. However. we are told that we are 22 to 30 schools behind today. Therefore, this funding would help us catch up seven years from now. not counting what will be needed dudng this seven-year period Mayor Taylor feels we need to think differently today, and our leaders wilJ have to decide how to make the funding available. We want our leadership in the State to "step up to the plate". Representative Andrews said that as a member of the Governor's Task Force. he visited schools. He found schools where no one could complain about the quality of the school or the construction standards. He believes the $70 million will build the number of schools we need. Last year. the cost of building a school was $109 per square foot. Today, the estimates are coming in at $55 to $75 per square foot. Although we may need 25% more capacity, the construction costs have dropped by 25%. Therefore. we would be almost even. Representative MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Andrews believes the average cost of an elementary school will be approximately $75 per square foot within two years. Commissioner Tillman agreed with the importance of spending money on computers and software for the schools. However. he pointed out that when new programs are added, class sizes increase, but the amount of money in the FTE does not increase. He feels it is important to build schools that will be efficient and able to handle new programs that might be added. Commissioner Tillman said he has had to deal with 40 to 45 students in classrooms that have inoperable air conditioners. He feels these are the situations that must be addressed. Representative Andrews invited Commissioner Tillman to his office to review all of his concerns. With regard to d sc p ne the Leg s,ature, passed a bill three years, ago ca ed "second chance schools". The purpose of these schools is to deal with disruptive students. The School Board did nothing about second chance schools. The Legislature then mandated the second chance program. During the second year of the program. Palm Beach County continued to do nothing while complaining they did not have the money. - When Representative Andrews asked how much money was needed, they cbuld not provide an answer. V, CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting of October 7. 1997 No additions, deletions or corrections were made to these minutes. Motion Vice Mayor Titcomb moved to accept the minutes as presented. Commissioner Jaskiewicz seconded the motion that carried unanimously. Bids- Recommend Approval- All expenditures are approved n the 1997-98 Adopted Budget Approve renewal of an Annual Contract for Janitorial Services for the East Water Treatment Plant. Administration Building - 124 E. Woolbdght Road and West Water Treatment Plant with R.E.S.P.E.C.T. of Florida, in the amount Of $24 412.14 (Proposed Resolution No. R97-174) Approve annual contract for delivered refreshments (Latchkey Afterschool Program) from Sandra L. Stroke in the amount of $12.213.00 3 Approve 1 year extension to annual contract for automotive parts/supplies to S & H Distributors. Inc.. Genuine Parts Company, and The Parts House with a budgeted amount of $250,000 Approve two year contract for the printing of FunFare Magazine to Tiger- Tale Publications in the amount of $20,440 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Approve 1-year extension to annual contract for G.A,L.A. concessions to San Francisco Puffs & Stuff. Inc. (Proposed Resolution No. R97-175) Mayor Taylor removed Item IV~B.5 from the Consent Agenda for discussion. C. Resolutions: Proposed Resolution No. R97-176 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and The Bureau of Justice, Local Law Enforcement. Block Grants Program to accept a grant in the amount of $174,170 (Grant No. 96LBVX1934) Proposed Resolution No. R97-177 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and the United States Department of Justic6. Office of Community- Oriented Policing Service to accept a grant in the amount of $60.567 Proposed Resolution No. R97-178 Re: Accepting the expansion of membership of the Metropolitan Planning Organization (MPO) to include an additional voting representative for Palm Beach County and authorizing and directing the Mayor and City Clerk to execute an intedocal agreement creating the MPO and identifying the membership Proposed Resolution No. R97-179 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and'James Denson Godwin, M.D., providing for independent contractor services as the Emergency Medical Services Director for the City of Boynton Beach Proposed Resolution No. R97-180 Re: Authorizing the Mayor and City Clerk to execute a contract between the City of Boynton Beach and Palm Beach Community College enabling paramedic students to ride with Boynton Beach Fire-Rescue Proposed Resolution No. R97-181 Re: Authorizing work authorization No. 4 with Camp Dresser & McKee Inc. for design, permitting, bidding services and survey Of downtown storm water project. Phase I including discharge well in the amount of $460.751 Commissioner Bradley removed Consent Agenda Item IV-C.6 for the purpose of hearing a presentation by Camp Dresser & McKee. Inc. D. Ratification of Planning & Development Board Action: 1. New Site Plan for Guardian Storage 2. Zoning Code Variance for Fidelity Federat Bank Mayor Taylor removed Item IV~D.2 from the Consent Agenda for discussion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 E. Approval of Bills Approve Records Disposition Requests Nos. 338. 339. 340 and 11 submitted by the Finance Department. Parks Division, City Clerk's Office. and Police Dept. Approve renewal of insurance program with Florida League of Cities/Florida Municipal Insurance Trust (FLC/FMITI for the 1997/98 Fiscal Year at the annual premium rate of $416,840 Consider petition by Sarah B. Kerr for a Certificate of Public Convenience and Necessity for a taxi/limousine service Commissioner Jaskiewicz removed Item IV-H from the Consent Agenda for discussion. Notification of Environmental Burn Planned at Hills at Lake Eden (South of St Joseph's School) Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of Items B.5, C.6. D.2. and "H". Commissioner Jaskiewicz seconded the motion that carried unanimously. CONSENT AGENDA ITEM B,$. Approve l-year extension to annual contract for G,A.LA. concessions to San Francisco Puffs & Stuff, Inc. (Proposed Resolution No. R97-175) Mayor Taylor recalled that he received inquines or corr plaints last year about concessions that can and cannot participate in GA. LA. He questioned whether the City relinquishes the right to make that decision by giwng the contract to San Francisco Puffs & Stuff. Inc. Charles Frederick. Recreation & Park Director. said the contract requires that San Francisco Puffs & Stuff. Inc provide 10 to 15. professional vending operations and 5 to 10 nonprofit concession operations. The City has the final say as to what they provide in terms of the concession operation Mayor Taylor questioned whether a private hot dog vendor would be allowed to participate. Mr. Frederick stated that San Francisco Puffs & Stuff has the right to determine the private vendors. The City approves the type of food sold, and we make sure there is no duplication of products. We submit a list of nonprofit groups that want to participate, and approve those groups. Mayor Taylor said another complaint he received dealt with serving Coca-Cola. Mr. Frederick said the Kiwanis Club has the excius~ve rights to the sale of soda beverages. Other concessionaires can sell iced tea. lemonade, coffee, etc. Mayor Taylor questioned whether there are more requests for concessions than room available. He pointed out that a food and beverage concession pays the highest fee for participation in G.A.LA. He wondered if that participation is limited to a certain number. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Mr. Frederick explained that we have not had an over-demand for nonprofit groups wanting to participate in the last few years. We would have been able to accept more requests. There is a limit to a certain degree because of the limited space available. We charge very minimal rates to non-profits, San Francisco Puffs & Stuff is the private operation. We receive 31% of the gross. We determine and approve the products they are selling, Mayor Taylor pointed out that in the ~City of Delray Beach. the more concessions they allow, the more money they make. However. Mr. Frederick explained that we net $10.000 to $13.000 from the 31% of gross we receive, In the past we ran the concessions ourselves. It is a great deal more work, and the records will confirm that more money is generated by letting this through a private contractor. Commissioner Bradley questioned whether there were any complaints about unauthorized vendors. Mr. Frederick said this is a situation that sometimes arises, but the situation is dealt with by attempting to shut down the operation. Mayor Taylor thanked Mr. Frederick his work on this event. However, he feels this is an event that should be handled by the Chamber of Commerce. Motion Commissioner Jaskiewicz moved to approve Item IV-B 5. Commissioner Bradley seconded the motion that carried unanimously. CONSENT AGENDA ITEM IV.D.2 Ratification of Planning & Development Board Action: Zoning Code Variance for Fidelity Federal Bank Mayor Taylor reported this item was denied by the Planning & Development Board on a 6-1 vote. One of the bank officials requested this opportunity to present additional information. Kevin McGinley, representing Fidelity Federal said one of the Plann ng& Development Board members felt allowing the existing monument sign to stay within 5 feet of a 10-f0ot setback would increase the City's liability with respect to any vehicular accident. Mr. McGinley said there are telephone poles closer to the property line than the monument sign. The applicant has met the burden of hardshio on all of the special conditions required for a variance. He requested the Commission reconsider whether or not this is the basis for denial of a vanance. Attorney Cherof was of the opinion that the liability is not greater in this circumstance than it is in another other circumstance. However. he pointed out that he was unable to determine from the Planning & Development Board meeting minutes whether that was their reason for denial. Mayor Taylor asked for clarification on how this sign was originally placed in this location. Mr. McGinley explained that there is a drainage swale on the south side of the sidewalk. There is a very steep slope. The original plan that was approved by the property owner was to set the s~gn at 10'. When the sign contractor went into the field, he noticed the steep swale and realized he did not have the equipment necessary or the authority to go inside the drainage swale, He put the sign on top of the berm. This sign has been m place for approximately one year. l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2t, 1997 Ms. Heyden confirmed that there is no room to move the sign because the catch basin is right up against the base of the monument sign. If the sign is moved back. it will block drainage to the swale. The only alternative would be to remove the sign. Commissioner Jaskiewlcz questioned whether this situation had been exacerbated because of the widening of Woolbright Road Mr. McGinley explained that the widening of Woolbright Road took place prior to installation of the sign. However the widening has affected this parcel because there was more property available. Motion Commissioner Bradley moved to rescind the direction of the Planning & Development Board and reverse the decision in order to GRANT the variance. Commissioner Jaskiewicz seconded the motion. Commissioner Bradley asked Attorney Cherof whether we could get something from the property owner that would minimize the City's liability. Attorney Cherof responded negatively, The motion carded unanimously. CONSENT AGENDA ITEM IV.H. Consider petition by Sarah B. Kerr for a Certificate Convenience and Necessity for a taxi/limousine service of Public Commissioner Jaskiewicz would like clarification with respec~ to the dispatch location of these vehicles. Sarah Kerr and Jeff Weidermeyer explained that there are three vehicles parked at three different locations. Only one car is parked at the residential address in a multi-family complex. The vehicle will be parked off-street. There has been no objection from anyone in the complex. Motion Commissioner Jaskiewicz moved to approve Item "H". Commissioner Tillman seconded the motion that carried unanimously. CONSENT AGENDA ITEM IV-C.6 Proposed Resolution No. R97- Re: Authorizing work authorization No. 4 with Camp Dresser & McKee, Inc. for design, permitting, bidding services and survey of downtown storm water project, Phase l including discharge well, in the amount of $460,751 John Guidry, Utilities Director. introduced Mike Schmidt of Camp Dresser & McKee, Inc. The City's downtown watershed includes the Central Business District around U.S. #1 bounded by NE 10'n Avenue to the north SE 5'" Avenue and Seacrest to the west. It includes almost all MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 of the proposed downtown redevelopment area. The proposed facilities would serve the entire area: however, the focus at this point is on the most crucial area that is along the downtown redevelopment zone. There are a series of management goals that outline the benefits for the project. The City is also a co-permittee, along with South Florida Water Management District. of the National Pollutant Discharge Elimination System Permit that requires new developments or redevelopments to meet water quality requirements to treat runoff. In addition, the facilities will be geared to ensure that as water is moved around, flooding does not occur. This project will alleviate some current flooding problems. There will be an ongoing focus on infiltrating water into the ground to reduce the advance of saltwater intrusion and providing for fresh water in the future. Park concepts will be shown to indicate how they can be worked into the scheme to allow for passive recreational benefits in the downtown. Camp Dresser & McKee will serve the overall redevelopment effort and coordinate with FDOT so that as different infrastructures are put into the ground, the streets will be teton up only once, Mr. Schmidt showed a graphic that indicated how the land slopes higher west of Seacrest. Water will run down the slope through the streets eventually ending at the Intracoastal Waterway where the mangroves are located. These mangroves are protected; therefore, r~o development will be permitted in that area. The concept is to build a series of detention lakes (infiltration basins) to catch and treat the runoff and move the flooding away from where it is causing damage. As water is infiltrated, it enters the ground where it is withdrawn for fresh water supplies. Another concept is the potential of using discharge wells. In addition [o what flows over the land surface or out of pipes into the IntracoastaL there is an evaluation of what could be put down into the ground through discharge wells to further reduce that advance of salt water. In terms of the park concept, a lake will be built which could include fountains, walkways, gazebos, etc. that would tie into Mangrove Park. This would provide recreational areas with a waterscape. In rewewing other maps, there ~s a focus on the eastern-most basin. This area includes everything east of U S. #1 including a few areas just to the west and the Ocean Avenue corridor. There were three proposed lakes indicated on the maps. The central lake is just north of the extension of Boynton Beach Boulevard, Pipes will be built [o collect the runoff and the water would be treated to allow the State permits to be in place so that when developers come on line. they will have an availability of treatment. The regional concept allows both entities to save money and it allows for the optimization of operation and maintenance to ensure proper facility operation With regard to a schedule for implementation. Mr. Schmidt advised that this is a fast-track project. A serie~s of six different project phases have been identified. To date. Camp Dresser & McKee completed Task #1. This is a conceptual letter report that identified the conceptual needs for the overall watershed. Task #2 is the downtown watershed preliminary design that has been presented to staff and should be finalized. This will lead into the detail for the design and construction of those facilities. Tasks #3. 4. and 5 are the items for consideration this evening and include the design and permitting services along with the bidding services for the implementation of the four regional facilities approximately one mile of pipe, and the accompanying facilities to treat and attenuate the runoff. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, t997 Some of the key items to be considered include Camp Dresser & McKee's desire to complete the design by the end of December. They want permits in place by early April 1998 so that construction of the first regional facility (identified as Parcel "B") can begin by May, 1998 with completion approximately six months later. Camp, Dresser & McKee is providing a regional plan that will allow the City to save money and have better operated and maintained facilities and to allow for smooth implementation of the downtown redevelopment plan. Lisa Abernathy, of Camp, Dresser & McKee. addressed the financial evaluations included in the proposal. The City's Stormwater Utility has a customer base Citywide. Everyone pays $1 per month for the operation and maintenance of the existing facility. That money will not support the regional concept. Camp Dresser & McKee does not believe the regional concept should be spread to every customer within the municipality because the residents to the west will not benefit from the facility. The most favorable evaluation s an impact fee charge. There s a preliminary range of approximately $1,200 per unit to a developer who is redeveloping for all three phases because that developer will benefit ['rom the regional facility concept. For Basin 1 only. a fee of $7.000 per unit is favorable because there are only approximately 600 units over which the cost can be spread. As the infrastructure of the other two basins is designed to flow into the regional facility, the costs could be more easily spread out. n a comparison of other stormwater utilities throughout the State of Florida. a component of stormwater utility is a capital improvement component. Some municipalities have the master planning done for the entire City and then spread the cost throughout the entire customer base. That has not been done in Boynton Beach. Camp, Dresser & McKee is working on a regiona concept and is attempting to keep the Cost n the area thatiwill benefit from the facility. There are grant funding opportunties avai able ranging from $25 000 to $100 000 and up One important thing to remember in grant funding Is that ~t is on.y a certa n reduction in costs for any g~ven year. Camp, Dresser & McKee have been working with many municipalities in getting grant funding. Commissioner Tillman questioned the capacity of this facility. Mr. Schmidt explained Basin 1 will serve approximately 40 acres of the highly impervious areas in the downtown Ultimately, all three basins will serve up to 400 acres depending on flow patterns. Another way of determining capacity is by inches ~of runoff Commissioner Tillma~ rem~nded ~r. Schmidt of his remarks regarding saltwater intrusion and questioned why the large lake bill be located so close to the Intracoasta] Waterway. He [s concerned that pollutants will enter the Waterway. Mr. Schmidt explained that pollL~tants would Pe removed with a series of treatment devices known as baffle boxes, plants an~t open water with aerators. The baffle boxes are cleaned out approximately two to three times ,Iper year. At times, they are cleaned more often depending on the amount of sand in the system[ They will be designed in a series of chambers us nga arge vacuum to draw out contaminates. This cleaning procedure removes 95% to 97% of the pollutants running off. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2'1, '1997 Commissioner Tillman reiterated his question about the location of this basin Mr. Schmidt explained that the ground is higher to west. As it tapers down. it is important to take advantage of gravity to keep the costs down. ~nitial facilities are located in the lower zones to permit gravity in the pipes to flow to the ponds. As we move into the other planning areas, there are other parcels containing lower water tables that will be able to catch the water. That water will be cascaded down through a system that links the facilities. The initial basins will do more filtration of water before it goes to the Intracoastal Waterway. As we move up the hill. the subsequent facilities will do more infiltration to replenish the fresh water supplies. Commissioner Tillman felt this location would increase the oDDortunit for a o ' Mr ' ' . . .. __ Y p tential hazard. · Schm~dt explained that these amtned and true fac~ It~es He does not believe any hazard would be created by this facility. Mr. Guidry agreed wth Mr. Schm dt's remarks. Mr. Schmidt explained that the purpose of the la,ke is to collect and filter stormwater runoff that currently runs down into the Intracoastal Waterv~ay. Maintenance is key to this operation. When the pollutants are captured in the baff[~' boxes and the pond, it is important to clean them so that they are not flushed out into the Int~'Acoastal Commissioner Tillman feels that thiS:lake is being put n p ace for a filtrat on process· A danger ex sts at the baffle boxes if they are hot maintained properly. Mayor Taylor confirmed with Mr. S~chmidt that the same theory would be true regardless of where the baffle boxes are Iocate~l. Ms. Abernathy added that part of the NPDES permit requires wa~er quality monitorin~ prior to discharge into any water body in the State. Maintenance logs must be kept as cart of the operation/ma ntenance of the utilit . Reports be provided to EPA annually. If ~.~llutants are discovered prior to discharge, must they must be traced back to the source and remeEiated. fMor. Guidry explained that it is his r,,esponsibility to maintain the baffle boxes. If pollutants are und. he would have to trace them Back to the source and close down that source. r~ response to Corn missioner Brad!~y's question, Ms. Abernathy explained that the $1,200 to $7.000 irn pact fee would represent tCib ~tormwater base ERU value of 1.937 square feet for an equivalent residential unit. Commissioner Bradley's concern that location is best utilized in the plan for our City that will these ponds a little farther west to the value of the land where the po[ wondered what the l Mr. Guidry explained that there looked at 14 sites and in Commissioner Bradley questioned since we are only involved with : the location of the targa pond deals with whether or no[ ~ner. At present, we are looking at the infrastructure for s ( around. He has heard comments about locating of the madna district. He also questions located as opposed to two [o three blocks west. He pump the water two or three blocks. i other arger parcels two or three blocks to the west. Staff ~e ,issue was engineering (gravity flow). a large retention pond is needed at this time Mr. Mazzella added that this the entire area even though this regard to the lakes along Boynton one project. This is the master plann ng for to keep up with one specific project With Boulevard, Mr. Mazzella explained that there is ]4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2'1, 1997 enough water upland coming down Seacrest ~hat can be intercepted much more cheaply than pumping lhJs water up. Each property that ties in would have to have some type of pump in order to pump the water east of U.S, #1 uphill. This would be a major investment and a major maintenance problem with associated costs. Commissioner Bradley said he realizes that this facility must be in place by 2002. However. he wonders what s~ze pond would be necessary for the particular project in question He feels we may not need a five-acre pond. By building a smaller pond the remalmng pdme acreage can be used for another development project. As lhe phasing continues, we can procure other properties east of Federal Highway, He is concerned that five acres of prime property are being removed from the tax rolls. Mr. Mazzella pointed out thai the only reason the property n Manhattan is so valuable is because of Central Park. We are trying £o create the same thing here in Boynton Beach. A lake in this location will enrich the value of the property around it and set the stage for redevelopment. Mr. Mazzella ~onfirmed for Commissioner Bradley that they are working with the planning consultants, and plan to have 30% construction drawings within one and one-half weeks. The Commissioners will see the plan at 60% of the design stage, In response to Vice Mayor Titcomb's question. Mr. Guidry explained that the size and shape of the lake qas been fixed to accommodate the mangroves. Some adjustments can be made for the purpose of aesthetics, Commissioner Bradley feels mangrove mitigation would be favorable in this project. He recommends keeping the shape of this facility as flexible as possible to incorporate the buildings around it. Mayor Taylor feels this is the most important thing this City could have done for downtown redevelopment and for businesses and residents who have been in this area for many years. He will give this project his full su oport. Commissioner Bradley suggested that as the units come on line and the cost to developers is made known, it is important that it reflect the cost going to Mr. Garcia so that the public is aware of how much money the City is granting him to develop his project. Motion Commissioner Jaskiewicz moved to approve Item IV-C.6. Vice Mayor Titcomb seconded the motion that carried 5-0. V. CITY MANAGER'S REPORT: A. Update on Round 2 on County Economic Development Grant Program Wilfred Hawkins. Assistant to the City Manager, reported that the overall Economic Development Program through the County has entered the second year of County-wide grants. The City was involved in this program last year with the marina project. Rainbow City Grocery, Cafb Barista. and the Dolphin Bar. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 The County has separated this grant-program into two categories again this year. They are: 1) Core. and 2) Competitive. n the Core grouping, a specific amount has been assigned to six particular cities. Boynton Beach is one of those cities and we will receive $75,000. That money can be granted to any r~ew or ex~sting business that intends to employ people within the City of Boynton Beach. Three businesses wilJ participate this year. They are Caf~ Badsta, Fisherman's Catch. and Scully's convenience store. Each of these businesses's involved in renovations that include expanding the existing business. In addition, they will hire, additional personnel. The City is required to do a 25% match to the grant award. We can meet that requirement by matching cash or through the payment of certain impact fees. building permit fees. infrastructure improvements or through the transfer of City property. In the case of these businesses, staff recommends looking at the building permit fees Caf~ Barista is planning a $25 000 renovation, The Fisherman's Catch renovation will De approximately $150,000, and Scully's renovation will range from $25;000 to $30,000. Mr. Hawkins recommends splitting the $75.000 equally. The City will then be able to deal with the 25% cash match that will amount to $6~250 each We will look at the building and impact fees first. Anything over and above that will be matched with cash. These grants must be submitted to the Economic Development Office by October 31s,. When the grant is finalized, i! will be brought back to the City Commission for approval of a Resolution. W~th respect to the corn petitive grant, City Manager Willis explained that there ~s a preliminary analysis of a concept that was used in Delray known as "City Limits" that utilizes an open-air venue and an amphitheater construction in order to attract the public into the surrounding businesses. The designer and Contractor of that project is talking with Ms. Francoise. This would require a very s~gnificant investment. Once Ms Francoise has her financing commitment, the application will be brought back to the Commission for approval of submission to the County. Vice Mayor Titcomb questioned .whether these grants are fully advertised. Mr. Hawkins explained that the grants are advertised through the County. The City has the responsibility to make sure the work is done. Commissioner Bradley pointed out that the project in Deiray Beach received over $200.000 He feels we should try to promote renovation of projects that will be sizable Mayor Taylor explained that we must stress to those getting these grant funds that the jobs must be verified. The County is very strict about this requirement. If it can be proven that the jobs were not created, the funds must be paid back. City Manager Willis advised that the matching dollars can come in terms of infrastructure. One of the issues associated directly with these projects are the extension of taking the overhead utility lines underground. City Manager Willis is investigating the possibility of expanding that program for a couple of blocks and crediting this back to the match. With regard to the Dolphin Bar I:~roject. an alley abandonment will be involved and we would receive a credit of $15.000 or $20;000. B. Annexation Cost/Benefit Analysis and Phasing Study Results Tambri Heyden, Planning & Zoning Director. reminded the Commissioners that in August, they directed staff to look at the idea o~ annexing the entire Reserve Annexation Area and enclaves MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 through the Legislature. The Commission also directed staff to look at the idea of phasing through an analysis of cost versus reven Jes. The Greater Boynton Beach area is our utility service area that extends to the E-3 Canal running north/south at a mid-point between Military Trail and Jog Road. This area was pared down to look at a phased approach. This pared-down area includes all of the enclaves, the High Ridge Road corridor the area west of Seacrest Boulevard and north of Hypoluxo Road (Sandcastle area), the parcels east of the midway point between Lawrence Road and Military Trail (north of Lawrence Oaks), and the parcels adjacent to the City's border south of Boynton Beach Boulevard_ In creating this Phase I. an attempt was made to round off the City's existing boundaries and to factor in m~n~m~z~ng the need for additional services. In addition, we looked at areas that had high values. Staff did a comprehensive study of the costs and revenues. This study excludes the "soft" benefits. These are items tha~ are difficult to associate with a dollar value. Those items include items such as increase in the population by 37,000 This would ncrease our population to approximately 87,000. This has implications in terms of federal funding. In addition, this would diversify our population base. Another item that has been excluded is road tax since this is a very difficult figure to determine. Staff included a very minimal figure because many of the roads in the area are within residential areas and are private. An estimate of the revenue on the gas tax would be approximately $250,000. For Phase that figure would be approximately $30 000. With regard to the Greater Boyn~on Beach area. there is little commercial land use in the area and that had a major impact on the property tax values that were anticipated. In addition, there is very little vacant land available. There are many residential projects that have private roads and are secured communities. There are six mobile home parks. The Sandcastle area is a challenge since it presents cod~reriforcement problems in terms of ma ntenance, abandoned vehicles, tack of drainage, lack of public streets, and lack of utilities. With respect to costs, it was difficult to arrive at a figure because of the need to make assumptions taking into account F~any variables. The costs nc ude new services, capital and personnel expansions that would be, ~mbated and would occur ~ncrementally. The anticipated costs have been grouped into two c~ategories - priority and non-pr orty The priority costs are those that include services that must be planned for prior to. and de vered concurrent with annexation. These costs include emergency or certain maintenance services, or services that are easy dentfiable by the residehts. The non-priority costs are related to additional non- emergency services. These it~ms, include functions of City government that range from development review processing funCtions, recreation programs, and parks and maintenance programs. In addition because the City charges a prem um for the utilities in the service area, we would ose that revenue once ~t becomes part of the City. Some of the things that were removed from the analysis of cost included parks and recreation. These are costs the City will have tO incur because tl~ere are several planned parks included in the Comprehensive Plan that will serve our current boundaries and this new area. The priority costs were pared down to cover ~)nly emergency services that included Police and Fire. equipment, and personnel. The non-priority costs included code compliance additional Code Compliance Officers. one addition41 park, facilities maintenance to maintain the park and additional staff in the Development Services Department. n addition there would be a nominal library cost. ]? MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 For Phase I only, in year one, the City will have a surplus of $800.000. In year 2, there will be a deficit of approximately $654.000. (The non-priority costs were added.) In year 3. the City will experience a $1 million surplus. n looking at the entire Reserve Annexation Area in year 1 the City would realize a gain of $1.7 million. In year two, there will be a deficit of approximately $1.8 million In year three, we will experience a surplus of $1.9 million If the non-priority costs were delayed until year 3 rather than year 2. the first year surplus would be $800.000 in Phase 1. The second year surplus would be $1.2 million. In year three the non-priority costs would be $1.8 million. However, the revenues gained from years one and two would pay for the non-priority costs. This same scenario appties for the Greater Boynton Beach Annexation Area. in year one. the surplus would be $1.7 million. In year two. it will be $3 million. The non-priority costs in year three would be $4.8 million. Ms. Heyden feels this is a very economically feasible project for the City. Ms. Heyden advised that there are three properties outside the utility service area. They are Indian Springs. Delray Dunes. and Quail Ridge. These areas are not served by the City, and because of their location it would be difficult to get support from Palm Beach County to annex them. Furthermore. it might not be economically feasible for the City. The possibility of annexing these areas warrants further investigation. In response to Commissioner Bradley's question. Ms. Heyden said there were discussions between representatives of our Utilities Department and the utility provider of these areas a few years ago. At that time. they were asking for an astronomical amount of money. Commissioner Bradley wondered how the annexation clause in our water service agreements affects our ability to annex as opposed m [he communities where we do not have those agreements. Attorney Cherof advised that the power of the Legislature is all encompassing. It can override most of the agreements or take the place of the agreements where they do not exist. If we can persuade the Legislature that this annexation is in the best interest of the residents of the City as it is currently configured and the residents of those areas, all other issues will drop away. Mayor Taylor pointed out that the final decision by the Legislature would depend on who has the most influence. The western areas of Boynton Beach have a very strong voice with the Legislature. and could make this an Uphill battle. Commissioner Bradley feels this will be an uphill battle regardless of when or how this is done. One of the important issues to point out in this case is that the City of Boynton Beach would not get rich annexing this area Commissioner Jaskiewicz questionee whether the City residents pay less tax because we have our own Police and Fire services. Commissioner Bradley explained that during the Windward discussions, this issue was addressed. Even though there would be a decrease in the County tax. those residents would MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 still experience a tax increase as a result of annexation. Mike Rump said t would be a net change of 6 mils extrac[ed from the County's bill. Attorney Cherof explained that Broward County is ahead of Palm Beach County tn annexing in areas. There has been a corresponding increase in County taxes because the County has lost some prime properties to some of the internal cities. Therefore, County taxes are being inflated at a higher rate. That situation would be probably follow here. Commissioner Tillm an feels this might be a selling point for annexation because, as we move into the area. there will be an increase in County taxes. Attorney Cherof pointed out that another benefit is that the people in the areas adjacent to the City will have a stronger voice in a local government they would be part of. Mayor Taylor commended staff for their work on this project. He asked for the Commissioners' input on whether or not the City should move forward on this item. Ms. Heyden explained that once we, get over the hump of phasing in the operating costs, there would be an annual benefit of $2 niillion to $2.5 million Commissioner Bradley feels this is a conservative estimate. Mayor Taylor expressed concern about where the up front costs would come from. City Manager Willis feels the main up-front cost would be the cost of hiring a lobbyist. Ms. Heyden added that in only Phase I, the revenues exceed the costs by approximately $800,000 if the non-priority items are deferred to year two Commissioner Tillman feels we need to move forward with securing lobbying assistance in annexing to the west. Ms. Heyden recommended moving forward with annexing the Greater Boynton Beach Area, Annexing the entire area will provide a better return for the City. Ms. Heyden confirmed for Vice Mayor Titcomb that one of the areas on the map is almost all commercial but is served by Palm Beach County (LeChalet/Aberdeen Shopping Center). Mayor Taylor pointed out that approximately two years ago, we went to COBWRA to discuss annexation. They were not interested at that time and he does not believe they wilt be interested at this time either. Therefore. legislative consideration would be necessary. Commissioner Bradley recommended looking at the entire area. r~ addition, he questioned whether or not there is the potential for annexing the property we service at the beach. Ms. Heyden explained that these areas would be included in the proposal Ms. Heyden said this was a major project for her office. She thanked Mike Rumpf, Dan DeCarlo and Jos~ Alfaro. Mayor Taylor asked that Ms. Heyden extend the Commissioners' corn pliments to staff. Eugene Sokoloff was present in the audience and requested a copy of the agenda back-up material on this item MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 VI. PUBLIC AUDIENCE: None VII. PUBLIC HEARING: None VIII BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Zoning-in~Progress Ordinance At Henry Iler's request, Ms. Heyden brought forward this request. This Ordinance would be structured so that new developments would be subject to another layer of rewew. The purpose would be to corn pare the plans they are working on to the proposal that is being presented by a developer. They would then make recommendations with respect to landscaping, colors and building style. This ordinance would apply to the commercial corridors that are part of the study area east of 1-95. These areas would include Martin Luther King, Jr. Boulevard. Boynton Beach Boulevard. Federal Highway and Ocean Avenue. Ms. Heyden asked for input from the Commission. Mayor Taylor suggested having a representative of the consultant attend the TRC meetings rather than setting up another committee. Ms. Heyden agreed this would be possible. She also mentioned that the City could require one additional set of plans for the consultant's review. The Commissioners expressed concern when Ms. Heyden advised that this new Ordinance would require new projects to comply with recommendations made by the consultants. Mayor Taylor would rather receive recommendations from the consultant. He does not want to set up a level of authority for the consultants. Attorney Cherof explained that the traditional concepts of "zoning in progress", which are u phetd in the State of Florida by case aw, are that they dea with situations where a Commission has specifically headed in a direction, and given staff d~rect~on to do support studies and bring back to them codified rules and regulations. It is in that short period of time fo owing Commission direction and cod f cat on of the rules and regulations that zoning in progress applies. If there is too much of a deviation, a property owner will complain that his/her property rights have permanently or temporarily taken away. This is an area requinng a great deal of caution. Commissioner Bradley questioned whether design issues would be affected by this ordinance. Attorney Cherof advised that most case law deals only with zoning issues 20 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Vice Mayor Titcomb was of the open,on that the tendency was to more toward more flexible zoning in the target areas rather than more restrictive zoning. Commissioner Tillman is opposed to giving too much authority. He recommends that the consultant attend the Planning & Development Board meetings for the purpose of looking at these issues. Attorney Cherof pointed out the importance of having 'ules and following them. This is a dangerous area and the courts are not comfortable with things like this because people cannot go to a book and find out the requirements. He suggested that Mr. lief bring forward more concrete ideas about howto move forward on this. and tell us about areas where it has been tested successfully Vice Mayor Titcom~) suggested Mr. Iler submit a sample ordinance that has worked well in another municipality. Ms. Heyden advised that she contacts the consultants to get their advice on projects. B. Code Compliance/Enforcement Board Commissioner Bradley recommended that the name of the Code Enforcement Board be changed to Code Compliance Board. Attorney Cherof will bring forward an Ordinance at the next meeting to change the name of this board C. Relatives Working For the City of Boynton Beach Mayor Taylor said he began to have some concerns when the Sheriff's Office experienced problems over relatives reporting to one another, r~ add tion Detray Beach also experienced similar problems. Therefore. he requested a report on relatives working within our City. In addition, he would like our employment applications to have a notation about relatives working in the City in order to prevent future problems. Attorney Cherof offered to provide a report at the next meeting, Xl. LEGAL: A. Ordinances - 2na Reading - PUBLIC HEARING 1. Proposed Ordinance No. 097-49 Re: Adopting the Early Retirement Incentive Program Attorney Cherof read Proposed Ordinance No. O97-49 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 2! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-49 on second and final reading. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1s~ Reading: 1. Proposed Ordinance No. O97- Re: Woolbdght Medical Offices Rezoning Attorney Cherof read Proposed Ordinance No. O97- by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. 097- on first reading. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: Consider approval of $10,000 settlement Re: Bernice Garfinkel v. City of Boynton Beach Motion Commissioner Bradley moved to approve. Commissioner Tillman seconded the motion that carried unanimously. 2. Schedule Executive Session for contract regarding bargaining negotiations Discussion ensued about whether or not the Commissioners would be attending the Special Legislative Session on education in Tallahassee on November 3rd, It was pointed out that the Board Dinner will be held on Monday. November 3rm. and a regular City Commission meeting ~s scheduled for November 4% In addition, Commissioner Bradley was not certain the trip was worthwhile since it might not help. City Manager Willis was of the opinion that we had planned to have the Commissioners speak directly to the committee members. Commissioner Bradley recommended discussing this situation with the lobbyist to seek an opinion on whether or not the Commissioners should attend this session. Vice Mayor Titcomb recommended identifying the members of the committee so that we can make a direct plea to those Legislative members. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 This Executive Session was scheduled for Monday, November 10~n, at 6:00 p.m., in Conference Room "B". This meeting will be held prior to the jo nt meeting with the Chamber of Commerce. The joint meeting will begin at 7:30 p.m in the Library Program Room. 3. City Attorney review of elements of Newsrack Ordinance Attorney Cherof requested that this item be tabled until the next City Commission meeting. Xll. UNFINISHED BUSINESS: A. Ocean Ridge Negotiating Team Mayor Taylor advised that he and Vice Mayor Titcomb were par~ of a negotiating team along with the Mayor of Ocean Ridge and one of their Commissioners. Mayor Taylor is unable to meet on the days they have established for meetings. Therefore. he asked the Commissioners to appoint a member in his place to act as a negotiator with Vice Mayor Titcomb. Commissioner Jaskiewicz volunteered to fill Mayor Taylor's slot on this team. Xlll. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission. the meeting properly adjourned at 9:40 p.m. ATTEST: CityC(;lerk [~e~ty City Clerk ¢Five Tapes) ,-.//._/- G'~mmissioner / Commissioner 23 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Guardian Storage APPLICANT: Touhey Association APPLICANT'S AGENT: Gregory Miklos APPLICANT'S ADDRESS: 2263 N.W. Boca Raton Blvd., Suite 112. Boca Raton= FL 33431 DATE OF HEARING BEFORE CITY COMMISSION: October 21, 1997 TYPE OF RELIEF SOUGHT: New site plan approval LOCATION OF PROPERTY: Northeast corner of Congress Avenue and 35t~ Avenue. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:~SHRDATA~Planning~S HARED~ROJECTS~Gua rdian Storage~NWSP~ELOPM ENT ORDER.doc LOCATION MAP GUARDIAN STORAGE EXHIBIT A DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fidelity Federal Bank APPLICANT: Kevin McGinley APPLICANT'S AGENT: Kevin McGinley APPLICANT'S ADDRESS: 1300 N. Congress Avenue, Suite C, West Palm Beach, FL 33409 DATE OF HEARING BEFORE CITY COMMISSION: October 21 1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (required setback) LOCATION OF PROPERTY: 1501 Corporate Drive, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative :ii, staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X _ HAS HAS NOT established by substantial competent evidence a oasis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. . DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other C~ty Clerk -= !o ~: --_ J\S~RDATA~P~anmng~"SHARED\WP~PR~JE~T~\Guard~anSt~rage~NWSP~DEVEL~PM~NT~r3~=~ ~ ~,~ ~.~ .°... ~. ......... oc ~.-/'~ ~...o ~ ~ LOCATION MAP EXHIBIT "A" EXHIBIT "B" Conditions of Approval ~Project name: Fidelity Federal Bank File number: ZNCV 97-006, Case No. 240 Reference: Zoning Code Variance application dated 9/9/97. DEPARTiVIENTS INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments None X BUILDING DMSION ~ Comments, None X ~pARKs AND RECREATION 3 Comments: None ~ Comments: None X .iComments None X }~DDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS i 1 DENIED. X ?ADDITIONAL CITY COMMISSION CONDITIONS !2. Overturned Planning and Development Board denial. X , iT. IH:dim S;WLANNI~G~SHARED\Wt~PROYECTS~FIDELITY FEDERAL BANK\COND. OF APPROVAL.DOC MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TIJESD~.Y, OCTOBER 2t, 1997; AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb Vice Mayor Matt Bradley, Commissioner Shirley Jasldewicz, Commissioner Henderson Tillman. Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor Invocation - Rev. Dr. Randall Gill First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Jamie Titcomb Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation Vice Mayor Titcomb led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions. Deletions. Corrections Vice Mayor TitcomD requested the addition of a Proclamation "Catch the VFW Auxiliary Volunteer Spirit Day" as Item III-B. 1 .b. Mayor Taylor added a Proclamation. "Firefighter Memorial Sunday" as Item III-B.1 .c. Mayor Taylor added a "Presentation by Susan Berman - Cancer Society" as Item III-B. 1.d Commissioner Bradley added Item X-B, "Code Compliance/Enforcement Board". Mayor Taylor added Item X-C. "Report on Relatives Working in the City". Mayor Taylor added Item XII-A. "Replacement on the Property Negotiating Team for the Ocean Ridge/Boynton Beach Property". 2. Adoption Vice Mayor Titcomb moved to accept the agenda as amended. Commissioner Jaskiewicz seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Accept resignation from Janet DeVries, Regular Member. Library Board Commissioner Jaskiew~cz moved to accept the resignation. Commissioner Bradley seconded the motion that carried unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 B. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Darn Bradley II Bradley MayorTaylor II Bradley Bradley MayorTaylor Jaskiewicz II Bradley Titcomb II Bradley III Jaskiewicz Bradley Adv. Bd. on Children & Youth Alt Civil Service Board Alt Cemetery Board Reg Cemetery Board Alt Code Enforcement Board Alt Community Relations Board Alt Community Relations Board Alt Community Relations Board Reg Community Relations Board Reg Library Board Alt Library Board Reg Recreation & Parks Board Alt I yr term to 4/98 2 yr term to 4/99 3 yr term to 4/00 Iyr term to 4/98 1 yr term to 9/98 1 yr term to 4/98 Iyr term to 4/98 3 yr term to 4/00 3 yr term to 4/00 1 yr term to 4/98 3 yr term to 4/98 1 yr term to 4/98 *NOTE: Indicates Appointment Will Rotate at Next meeting if not filled Motion TABLE D-2 TABLED-2 TABLED-2 TABLED-2 TABLED-2 TABLED-2 TABLED-2 TABLED-1 TABLED-2 TABLED-2 1 TABLED-2 Commissioner Jaskiewicz moved Barbara Smith from her alternate position on the Library to a regular position. Commissioner Bradley appointed Angela Dencker as an alternate member of the Advisory Board on Children & Youth Commissioner Bradley appointed Candi Smith as an alternate member of the Civil Service Board. (This appointment will be put back on the agenda since Candi Smith does not meet the residency requirements for membership on this board.) Commissioner Bradley appointed Richard Parks as an alternate member of the Cemetery Board, Commissioner Bradley appointed Herman Gold as a regular member of the Community Relations Board Commissioner Bradley appointed Victor Norfus as an alternate member of the Recreation & Parks Board. Motion Commissioner Bradley moved to approve the appointments as stated. Corn missioner Tillman seconded the motion that carried unanimously. Vice Mayor Titcomb moved to remove Commissioner Bradley's appointments to the Advisory Board on Children & Youth Civil Service Board. Cemetery Board. Community Relations Board. and Recreation & Parks Board from the table. Commissioner Bradley seconded the motion that carried 5-0. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2t, 1997 ill. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Joint City Commission/Chamber of Commerce Workshop Meeting - Monday, November 10. 1997. 6:30 p.m. - Library Program Room Mayor Taylor made this announcement, City Commission Workshop Meeting for Presentation by City Staff on the Subject of Utility Billing - Friday, Novem her 7, 1997 at 4:00 p.m. - City Commission Chambers Mayor Taylor made this announcement. T.N.T. Concert - Friday, October 24. 1997. 5:30 p.m. to 7:30 p.m. Veteran's Park. Ocean Ave. & N.E. 4~" Street -"Legends" -Top 40's Mayor Taylor made this announcement. City Manager Willis advised that flyers will be posted indicating the location of this concert since the T.N.T. Concerts are usually held at Oceanfront Park. Opening of Boynton Beach Green Market - Saturday, October 25. 1997 Veteran's Park. Ocean Ave. & N.E. 4~" Street Mayor Taylor made this announcement and explained that the "Dancin in the Street" event was scheduled to tie in with the kick-off of the Green Market opening on Saturday. Presentations: 1. Proclamations: a. "National Epilepsy Awareness Month"- November. 1997 Mayor Taylor read a Proclamation declaring November as "National Epilepsy Awareness Month". b. "Catch the VFW Auxiliary Volunteer Spirit Day" Mayor Taylor read a Proclamation declaring November I 1997 as "Catch the VFW Auxiliary Volunteer Spirit Day", and presented it to a representative of the Ladies Auxiliary of the VFW. who thanked the Commission for the Proclamation and explained that their job is to keep the community involved in their work. c. "Firefighter Memorial Sunday" - October 26. 1997 Mayor Taylor read a Proclamation declaring Sunday, October 26 1997 as "Firefighter Memorial Sunday", and presented it to Fire Chief Bill Bingham MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2t, t997 Fire Chief Bingham thanked the City for the Proclamation and invited everyone to join the Firefighters at this service at Fire Station 3. 2. Resolutions: Recognition of City Government Week - October 19 - 25. 1997 (Proposed Resolution No. R97-173) Mayor Taylor read a Resolution declaring the week of October 19th through 25TM as "Recognition of City Government Week". Since Commissioner Bradley did not recall any discussion about "Youth in Government Day", he questioned whether that event would be dovetailing with City Government Week. Wilfred Hawkins, Assistant to the City Manager. said the Community Relations Board has decided to hold this event in April. This issue will be discussed dudng the Advisory Board Forum scheduled for Saturday. The Community Relations Board will work on this event in conjunction with the Education Advisory Board and the Advisory Board on Children & Youth Mayor Taylor acknowledged the presence in the audience of Representative Bilt Andrews. 3. Presentation by Susan Berman -~ Cancer Society Susan Berman. Citizen Action Center Coordinator. reported that she has been involved with the Cancer Society for the past four years. This year. the Boynton Beach location raised approximately $25,000. She presented a plaque to Mayor Taylor for the City of Boynton Beach for helping this cause, In addition, she presented plaques to Commissioner Jaskiewicz for raising $1,00t0, Jim Ness for raising $1.400. the Firefighters' union and Chief Marshall Gage for the help provided by the Police Department in arresting the "jail birds". Mayor Taylor commended Ms. Berman for doing a "super" job and making us very proud He thanked everyone who participated in this program. 4. Guest Speaker - Representative William Andrews Representative Andrews said there has been a great deal of confusion about House Bill 2121. This Bill sets up strict accountability under which school districts can build schools. There has been rumor that House Bill 2121 would eliminate art rooms and music rooms. This is untrue. The Bill never addressed that issue, The Bill did address capacity spaces and how to utilize the schools. During the summen a great deal of research was done to determine what is wrong and right with House Bill 2121. Representative Andrews talked about square footages per student throughout the country and how that relates to the cost of building a school House Bill 2121 provides for 83 square feet per student station. We are building the largest and most expensive schools in the nation and the taxpayers do not want this to continue. However. art, music and special labs will not be eliminated. Representative Andrews is committed To ncreasing computers in the classrooms from two to eight within the next four years. That commitment will cost $1.2 billion MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Bonding capacity nas been increased from 50% to 75% for use by school districts. ~owever. the Senate included a cut-off date of 2004 for bonding. That "glitch" will be removed. A lot of things will be said and done about overseeing school construction practices, Under any scenario, Palm Beach County does not qualify for needing any extra money other than what can be raised locally. Representative Andrews believes the school district can raise $70 million through bonding of their 2 mil money. In the first year, they can build $70 million worth of schools. Continuing this practice for seven years, they can raise $70 million each year for the construction of schools. In addition, there will be incentives for building smaller schools. The school districts will get additional State dollars if they oecome more frugal and efficient. There will also be rewards for technology. If the school districts' construction divisions do not show a good faith effort to turn their division's around, there will be an independent body appointed by the Commissioner of Education to oversee their construction money. The reason for this is the realization that if things are left as is, the voters in Palm Beach County will be paying approximately $1 billion to $2 billion for schools in Dade and Broward. It is important to be careful about what is done and what is requested because it m[ght negatively affect the taxpayers. Representative Andrews is hopeful Palm Beach County will look carefully at the way they do things and consider bonding as the option to be used. The State has counted portables at as much as 100% of capacity. It is a School Board responsibility to maintain them. The count will be rolled back to 50%. However, that will not affect Palm Beach County because leased portables are not counted. In addition, Palm Beach County can sell portables at any time. thereby reducing the count. Representative Andrews does not feel it is possible to "pay as you go" for a school building without a sales tax increase. The Legislature ~vill not add a new tax and they will not allow a School Board to raise the half- penny sales tax ~vithout a voter referendum. Representative Andrews feels that by the time the Legislature gets through this issue. School Boards in the State of Florida will be able to make a good plan. The School Board wanted to make all schools equal in size. They took all of the existing schools and added to the libraries cafeteria etc. This requires a new set of special architectural drawings thai w drve the cost up In the corrected Bill there will be a methodology for making sure that a new school wdl be built ~f it is cheaper than adding to an existing school. This isa big change in business management practice that is required because the voters do not want a sales tax increase until the School Board does everything it can within a limited budget, Commissioner Bradley shared Representative Andrews' interest in small neighborhood elementary schools. However. he reminded him that Boynton Beach is on the verge of getting a ong, overdue high school. He feels we need a full-sized, full-service high school. The school district is planning on ~)uiiding the school for 2.500 students. While he understands Representatiye Andrews' concern for saving dollars, he does not believe two high schools should share athletic fields or stadiums because it would destroy spirit and limit the ability of the students to participate in athletics. He is hopeful Representative Andrews will support a "glitch" bill or amendment to House Bill 2121 that will allow us to have a high school of this size built. Representative Andrews advised that there is nothing in the proposed Bill imiting the size of schools, and he wil not do anything to impose a limitation. However. he will try to drive MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 monetary rewards for those who want to build smaller schools. Representative Andrews feels a strong case can be made that more student involvement could be achieved at smaller schools. In addition, there are some programs where there is a school within a school. There would be two schools on the same campus. One of those schools could specialize in a particular program There would be separate athletic teams. Commissioner Bradley feels reassured and encouraged by Representative Andrews' unbridled support for a full-sized high school in Boynton Beach Representative Andrews is happy the City will be getting the school it desires, and he will support us. he hopes the 2.500 students will feel like they are in a smaller environment. He will file a bill that will require local governments to meet with the School Boards and file a report with DCA regarding school growth and school management. He recommended that everyone read Chapters 163.3161 and 235. These chapters deal with concurrency. By law, we have concurrency and local governments set the size of the schools. Representative Andrews ~s happy to continue working with the City on this issue, and wants to do his best for us. He reminded the Commissioners {hat we have a great need for elementary schools. He feels it is important to concentrate on elementary schools that do not exceed a population of 500. Commissioner Jaskiewicz agrees that a small elementary school is an ideal situation for learning. However. it is not practical today because of student population. She pointed out that Citrus Cove Elementary SchooJ was built for 600 students. They now have 37 portables on site. The air conditioning n portables is very loud and the atmosphere is not conducive to learning. Commissioner Jaskiewicz agreed with Representative Andrews that it is unlikely a sales tax increase would be supported by the voters. Representative Andrews said he is not a fan of portables. However. across the State. we are still at the same amount of portables percentage-wise as we have been for the last 20 years. He feels we should have antic pated this growth and ptanned for it. He does not understand how this situation got out of control. Representative Andrews is hopeful we will be able to build our way out of this situation Statewide within four years. help us catch up seven years from now, not c per od Mayor Taylor feels, we need to thi~ decide how to mak~ the fur~ding available. the plate". Mayor Taylor said that when he thinks of numbers in schools, it is in relation to class size. Problems begin once there,are more than 2(~ students in a class With regard to the issue of raising the bonding for COPs from 50% to 7]5% and limiting that to Year 2004 to provide $70 million per year, Mayor Taylor Dointed out that that $70 million could possibly build two or three schools at todays prices. That would ar~ount to 21 schools over a seven-year period. However. we are told that we are 22 to 30 sc~o01s behind today. Therefore. this funding would )undng what will be needed during this seven-year differently today, and our leaders will have to Ve want our leadership in the State to "step up to Representative Andrews said that as a m schools. He found schools where no one co mber of the Governor's Task Force. he visited ~ld complain about the quality of the school or the construction standards. He believes the $70 million will build the number of schools we need. Last year, the cost of building a school was $109 per square foot. Today, thelestimates are coming in at $55 to $75 per square foot. Although we may need 25% more~ capacity, the construction costs have dropped by 25%. Therefore. we would be almost even. Representative MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Andrews believes the average cost of an elementary school will be approximately $75 per square foot within two years. Commissioner Titlman agreed with the importance of spending money on computers and software for the schools. However. he pointed out that when new programs are added class s~zes increase, but the amount of money in the FTE does not increase. He feels it is important to build schools that will be efficient, and able to handle new programs that might be added. Commissioner Tillman said he has had to deal with 40 to 45 students in classrooms that have inoperable air conditioners. He feels these are thesituations that must be addressed. F~epresentative Andrews invited Commissioner Tillman to his office to review all of his concerns. With regard to discipline, the Legislature passed a bill three years ago called "second chance h I ...... sc oo s. The purpose of these sch,~ols ~s to deal w~th d~srupbve students The School Board did nothing about second chance'scHools. The Legislature then mandated the second chance program. During the second year of the program. Palm Beach County continued to do nothing while complaining they did not have the money. When Representative Andrews asked how much money was needed, they cbuld not provide an answer. V, CONSENT AGENDA: A. Minutes: 1 Regular City Commission Meeting of October 7, 1997 No additions, deletions, or corrections were made to these minutes. Motion Vice Mayor Titcomb moved to accept the minutes as presented. Commissioner Jaskiewicz seconded the motion that carried unanimously. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Approve renewal of an Annual Contract for Janitorial Services for the East Water Treatment Plant. Administration Building - 124 E. Woolbright Road and West Water Treatment Plant with R.E.S.P.E.C.T. of Florida. in the amount Of $24.412,14 (Proposed Resolution No R97-174) Approve annual contract for delivered refreshments (Latchkey Afterschool Program) from Sandra L. Stroke in the amount of $12.213.00 3 Approve 1 year extension to annual contract for automotive parts/supplies to S & H Distr~ibutors. Inc. Genuine Parts Company, and The Parts House witha budgeted amount of $250,000 Approve two year contract for the printing of FunFare Magazine to Tiger- Tale Publications in the amount of $20,440 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Approve 1-year extension to annual contract for G.A. LA. concessions to San Francisco Puffs & Stuff. Inc. (Proposed Resolution No. R97-175) Mayor Taylor removed Item IV-B.5 from the Consent Agenda for discussion. C. Resolutions: Proposed Resolution No. R97-176 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and The Bureau of Justice, Local Law Enforcement. Block Grants Program to accept a grant in the amount of $174,170 (Grant No. 96LBVX1934) Proposed Resolution No. R97-177 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and the United States Department of Justice Office of Community- Oriented Policing Service to accept a grant in the amount of $60.567 Proposed Resolution No. R97-178 Re: Accepting the expansion of membership of the Metropolitan Planning Organization (MPO~ to include an additional voting representative for Palm Beach County and authorizing and directing the Mayor and City Clerk to execute an interlocal agreement creating the MPO and identifying the mere bership Proposed Resolution No. R97-179 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and James Denson Godwin. MD. providing for independent contractor services as the Emergency Medical Services Director for the City of Boynton Beach Proposed ResolutionNo. R97-180 Re: Authorizing the Mayor and City Clerk to execute a contract between the City of Boynton Beach and Palm Beach Community College enabling paramedic students to ride with Boynton Beach Fire-Rescue Proposed Resolution No. R97-181 Re: Authorizing work authorization No. 4 with Camp Dresser & McKee. Inc. for design, permitting, bidding services and survey Of downtown storm water project. Phase I including discharge well, in the amount of $460,751 Commissioner Bradley removed Consent Agenda Item IV-C.6 for the purpose of hearing a presentation by Camp Dresser & McKes. nc. D. Ratification of Planning & Development Board Action: New Site Plan for Guardian Storage 2. Zoning Code Variance for Fidelity Federal Bank Mayor Taylor removed Item IV-D.2 from the Consent Agenda for discussion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 E. Approval of Bills Approve Records Disposition Requests Nos. 338. 339. 340 and 11 submitted by the Finance Department, Parks Division. City Clerk's Office. and Police Dept. Approve renewal of insurance program with Florida League of Cities/Florida Municipal Insurance Trust (FLC/FMIT) for the 1997/98 Fiscal Year at the annual premium rate of $416,840 Consider petition by Sarah B. Kerr for a Certificate of Public Convenience and Necessity for a taxi/limousine service Commissioner Jaskiewicz removed Item IV-H from the Consent Agendafor discussion. Notification of Environmental Burn Planned at Hills at Lake Eden (South of St. Joseph's School) Motion Commissioner Tiltman moved to approve the Consent Agenda with the exception of Items B.5, C.6. D.2. and "H". Commissioner Jaskiewicz seconded the motion that carried unammously. CONSENT AGENDA ITEM B.5. Approve l-year extension to annual contract for G.A.LA. concessions to San Francisco Puffs & Stuff, Inc. (Proposed Resolution No. R97-t75) Mayor Taylor recalled that he received ~nqu~ries or complaints last year about concessions that can and cannot participate in G.A.LA. He questioned whether the City relinquishes the right to make that decision by giving the contract to San Francisco Puffs & Stuff, Inc. Charles Frederick. Recreation & Park Director said the contract requires that San Francisco Puffs & Stuff. Inc. provide 10 to 15 professional vending operations and 5 to 10 nonprofit concession operations. The City has the final say as to what they provide in terms of the concession operation. Mayor Taylor questioned whether a private hot dog vendor would be allowed to participate. Mr. Frederick stated that San Francisco Puffs & Stuff has the right to determine the private vendors. The City approves the type of food sold. and we make sure there is no duplication of products. We submit a list of nonprofit groups that want to participate, and approve those groups. Mayor Taylor said another complaint he received dealt with serving Coca-Cola. Mr. Frederick said the Kiwanis Club has the exclusive rights to the sale of soda beverages. Other concessionaires can sell iced tea lemonade, coffee, etc. Mayor Taylor questioned whether there are more requests for concessions than room available. He pointed out that a food and beverage concession pays the highest fee for participation ~n G.A.LA. He wondered if that participation is limited to a certain number. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2'1, '1997 Mr. Frederick explained that we have not had an over-demand for nonprofit groups wanting to participate in the last few years. We would have been able to accept more requests. There is a limit to a certain degree because of the limited space available. We charge very minimal rates to non-profits. San Francisco Puffs & Stuff is the private operation. We receive 31% of the gross We determine and approve the products they are selling. Mayor Taylor pointed out that in the City of Delray Beach the more concessions they allow, the more money they make. However, Mr. Frederick explained that we net $10.000 to $13,000 from the 31% of gross we receive. In the past, we ran the concessions ourselves. It is a great deal more work. and the records will confirm that more money is generated by letting this through a private contractor. Commissioner Bradley questioned whether there were any complaints about unauthorized vendors. Mr. Frederick said this is a situation that sometimes adses, but the situation is dealt with by attempting to shut down the operation. Mayor Taylor thanked Mr. Frederick his work on this event. However, he feels this is an event that should be handled by the Chamber of Commerce. Motion Commissioner Jaskiewicz moved to approve Item IV-B.5. Commissioner Bradley seconded the motion that carried unanimously. CONSENT AGENDA ITEI~I IV.D.2 Ratification of Planning & Development Board Action: Zoning Code Variance for Fidelity Federal Bank Mayor Taylor reported this item was denied by the Planning & Development Board on a 6-1 vote. One of the bank officials requested this opportunity to present additional information. Kevin McGinley. representing Fidelity Federal, said one of the Planning & Development Board members felt allowing the existing monument sign to stay within 5 feet of a 10-f0ot setback would increase the City's liability with respect to any vehicular accident. Mr. McGinley said there are [elephone poles closer to the property line than the monument sign. The applicant has met the burden of hardsh p on all of the special conditions required for a variance. He requested the Commission reconsider whether or not this is the basis for deniat of a vanance. Attorney Cherof was of the opinion that the liability is not greater in this circumstance than it is in another other circumstance. However. he pointed out that he was unable to determine from the Planning & Development Board meeting minutes whether that was their reason for denial. Mayor Taylor asked for clarification on how this sign was originally placed in this location. Mr. McGinley explained that there is a drainage swale on the south side of the sidewalk. There is a very steep slope. The original plan that was approved by the property owner was to set the sign at 10'. When the sign contractor went into the field, he noticed the steep swale and realized he did not have [he equipment necessary or the authority to go inside the drainage swale He put the sign on top of the berm. This sign has been in place for approximately one year. l0 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Ms. Heyden confirmed that there is no room to move the sign because the catch basin is right up against the base of the monument sign. f the sign is moved back. it will block drainage to the swale. The only alternative would be to remove the sign. Commissioner Jaskiewicz questioned whether this situation had been exacerbated because of the widening of Woolbright Road. Mr. McGinley explained that the widening of Woolbright Road took place prior to installation of the sign. However. the widening has affected this parcel because there was more property available. Motion Commissioner Bradley moved to rescind the direction of the Planning & Development Board and reverse the decision in order to GRANT the vanance. Commissioner Jaskiewicz seconded the motion. Commissioner Bradley asked Attorney Cherof whether we could get something from the property owner that would minimize the City's liability. Attorney Cherof responded negatively. The motion carried unanimously. CONSENT AGENDA ITEM IV.H. Consider petition by Sarah B. Kerr for a Certificate of Public Convenience and Necessity for a taxi/limousine service Commissioner Jaskiewicz would like clarification with respect to the dispatch ocation of these vehicles, Sarah Kerr and Jeff Weidenneyer explained that there are three vehicles parked at three different locations. Only one car ~s parked at the residential address in a multi-family complex, The vehicle will be parked off-street. There has been no objection from anyone in the complex Motion Commissioner Jaskiewicz moved to approve item "H"., Commissioner Tillman seconded the motion that carried unanimously CONSENT AGENDA ITEM IV-C.6 Proposed Resolution No. R97- Re: Authorizing work authorization No. 4 with Camp Dresser & McKee, Inc. for design, permitting, bidding services and survey of downtown storm water project, Phase I including discharge well, in the amount of $460,751 John Guidry, Utilities Director. introduced Mike Schmidt of Camp Dresser & McKee. Inc. The City's downtown watershed includes the Central Business District around U.S. #1 bounded by NE 10TM Avenue to the north. SE 5th Avenue and Seacrest to the west, It includes almost all MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 of the proposed downtown redevelopment area The proposed facilities would serve the entire area: '~owever, the focus at this point is on the most crucial area that is along the downtown redevelopment zone. There are a series of management goals that outline the benefits for the project. The City is also a co-permitted, along with South Florida Water Management District. of the National Pollutant Discharge Elimination System Permit that requires new developments or redevelopments to meet water quality requirements to treat runoff. In addition, the facilities will be geared to ensure that as water is moved around, flooding does not occur. This project will alleviate some current flooding problems. There will be an ongoing focus on infiltrating water into the ground to reduce the advance of saltwater intrusion and providing for fresh water in the future. Park concepts will be shown to indicate how they can be worked into the scheme to allow for passive recreational benefits in the downtown. Camp Dresser & McKee will serve the overall redevelopment effort and coordinate with FDOT so that as different infrastructures are put into the ground the streets will be torn up only once, Mr. Schmidt showed a graphic that indicated how the land slopes higher west of Seacrest, Water wil run down the slope through the streets eventually ending at the Intracoastal Waterway where the mangroves are located. These mangroves are protected: therefore, no development will be permitted in that area. The concept is to build a series of detention lakes (infiltration basins) to catch and treat the runoff and move the flooding away from where it is causing damage. As water is infiltrated, it enters the ground where it is withdrawn for fresh water supplies. Another concept is the potential of using discharge wells. In addition to what flows over the land surface or out of pipes into the Intracoastal. there is an evaluation of what could be put down into the ground through discharge wells to further reduce that advance of salt water. In terms of the park.concept, a lake will be ouilt which could include fountains, walkways, gazebos, etc. that would tie into Mangrove Park. This would provide recreational areas with a waterscape. In reviewing other maps, there is a focus on the eastern-most basin, This area includes everything east of U. S. #1 including a few areas just to the west and the Ocean Avenue corridor. There were three proposed lakes indicated.on the maps. The central lake is just north of the extension of Boynton Beach Boulevard Pipes will be built to collect the runoff and the water would be treated to allow the State permits to be in place so that when developers come on line. they will have an availability of treatment. The regional concept allows both entities to save money and it allows for the optimization of operation and maintenance to ensure proper facility operation. With regard to a schedule for implementation~ Mr. Schmidt advised that this is a fast-track project. A series of six different project phases have been identified. To date. Camp Dresser & McKee completed Task #1. This ~s a conceptual letter report that identified the conceptual needs for the overall watershed. Task #2 is the downtown watershed preliminary design that has been presented to staff and should be finalized. This will lead into the detail for the design and construction of those facilities. Tasks #3 4. and 5 are the items for consideration this evening and include the design and permitting services along with the bidding services for the implementation of the four regional facilities, approximately one mile of pipe, and the accompanying facilities to treat ano attenuate the runoff. 12 MEETING MINUTES REGULAR CiTY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Some of the key items to be considered include Camp Dresser & McKee's desire to complete the design by the end of December. They want permits in place by eady April, 1998 so that construction of the first regional facility ('identified as Parcel "B") can begin by May, 1998 with completion approximately six months later. Camp, Dresser & McKee is providing a regional plan that will allow the City to save money and have better operated and maintained facilities and to allow for smooth implementation of the downtown redevelopment plan Lisa Abernathy of Camp, Dresser & McKee. addressed the financial evaluations included in the proposal. The City's Stormwater Utility has a customer base Citywide. Everyone pays $1 per month for the operation and maintenance of the existing facility. That money will not support the regional concept. Camp Dresser & McKee does not believe the regional concept should be spread to every customer within the municipality because the residents to the west will not benefit from the facility. The most favorable evaluation is an impact fee charge. There is a preliminary range of approximately $1,200 per unit to a developer who is redeveloping for all three phases because that developer wilt benefit from the regional facility concept. For Basin 1 only: arfee of $7.000 per unit is favorable because there are only approximately 600 units over which the cost can be spread. As the infrastructure of the other two basins is designed to flow into the regional facility, the costs could be more easily spread out. In a comparison of other stormwater utilities throughout the State of Florida, a component of stormwater utility is a capital improvement component. Some mun,cipalities have the master planning done for the entire City and then spread the cost throughout the entire customer base. That has not been done in Boynton Beach. Camp, Dresser & McKee is working on a regional concept and is attempting to keep the cost in the area that will benefit from the facility. There are gra0t funding opportunities available ranging from $25,000 to $100,000 and up. One im. po~tant thing to remember in grant funding is that it is only a certain reduction in costs for any g~ven year. Camp, Dresser & McKee have been working with many municipalities in getting grant funding. Commissioner Tillman questioned the capacity of this facility. Mr. Schmidt explained Basin 1 will serve approximately 40 acres of the highly impervious areas in the downtown. Ultimately, all three basins wi, serve up to 400 acres depending on flow patterns. Another way of determining capacity is by inches of runoff. Commissioner Tillman reminded Mr. Schmidt of his remarks regarding saltwater intrusion, and questioned why the large lake will be located so close to the Intracoastal Waterway. He is concerned that pollutants will enter the Waterway. Mr. Schmidt explained that pollutants woul~ be removed with a series of treatment devices known as baffle boxes, plants and open water with aerators. The baffle boxes are cleaned out approximately two to three times per year At times, they are cleaned more often dependin~c on the amount of sand in the system. They wilt be designed in a series of chambers using a large vacuum to draw out contaminates. This cleaning procedure removes 95% to 97% of the pollutants running off. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Commissioner Tillman reiterated his question about the location of this basin. Mr Schmidt explained that the ground is higher t.o west. As it tapers down. it is important to take advantage of gravity to keep the costs down. The initial facilities are located in the lower zones to permit gravity in the pipes to flow to the ponds. As we move into the other planning areas, there are other parcels containing lower water tables that will be able to catch the water That water will be cascaded down through a system that links the facilities. The initial basins will do more filtration of water before it goes to the lntracoastal Waterway. As we move up the hill. the subsequent facilities will do more infiltration to replenish the fresh water supplies. Commissioner Tillma~ felt this Iocaftoq would increase the opportunity for a potential hazard. Mr. Schmidt,explained that these are "tded and tnae" facilities. He does not believe any hazard would be created by this facilitY. Mr. Guidry ,agreed with Mr. Schmidt's remarks. Mr. Schmidt explained that the purpose of the lake is to collect and filter stormwater runoff that currently runs down into the Intracoastal Waterway. Maintenance is key to this operation. VVhen the pollutants are captured in the baffle boxes and the :)ond, it is important to clean them so that they are not flushed out into the Intracoastal, Commissioner Tillman feels that this lake is being put in place for a filtration process. A danger exists at the baffle boxes if they are nOt maintained properly. Mayor Taylor confirmed with Mr. Schmidt that the same theory would be true regardless of where the baffle boxes are located. Ms. Abemathy added that par[ of the NPDES permit requires water quality monitoring prior to discharge into any water body in the State. Maintenance logs must be kept as part of the operation/maintenance of the utility. Reports must be provided to EPA annually. If pollutants are discovered prior to d~scharge, they must be traced back to the soume and remediated Mr. Guidry explained that it is his responsibility to maintain the baffle boxes. If pollutants are found, he would have to trace them back to the source and close down that source. n response to Commissioner Bradte~ s question, Ms. Abernathy explained that the $1.200 to $7.000 impact fee would represent th[e stormwater base ERU value of 1.937 square feet for an equivalent residential unit. Commissioner Bradley's concern about the location of the large pond deals with whether or not that location is best utilized in this manner. At present, we are looking at the infrastructure for the plan for our City that will help turr~ this City around. He has heard comments about locating these ponds a little farther west to endourage the idea of the marina district. He also questions the value of the tand where the pond ~ill be located as opposed to two to three blocks west. He wondered what the price differential would be to pump the water two or three bocks, Mr. Guidry explained that there are no iother larger parcels two or three blocks to the west. Staff looked at 14 sites and in every case. me issue was engineering (gravity flow) Commissioner Bradley questioned wl~e. ther such a large retention pond is needed at this time since we are only involved with one project. Mr. Mazzella added that this project gpes beyond one project. This is the master planning for the entire area even though this projectis fast-tracked to keep up w th one specif c project. With regard to the lakes along Boynton Beach Boulevard. Mr. Mazzella explained that there is !4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2'1, 1997 enough water upland coming down Seacrest that can be intercepted much more cheaply than pumping this water up. Each property that ties Jn would have to have some type of pump in order to pump the water east of U.S. #1 uphill. This would be a major investment and a major maintenance problem with associated costs. Commissioner Bradley said he realizes that this facility must be in place by 2002. However. he wonders what size pond would be necessary for the particular project in question. He feels we may not need a five-acre pond. By building a smaller pond. the remaining prime acreage can be used for another development project. As the phasing continues, we can procure other properties east of Federal Highway. He is concerned that five acres of prime property are being removed from the tax rolls. Mr. Mazzella pointed out that the only reason the property in Manhattan is so valuable is because of Central Park. We are trying to create the same thing here in Boynton Beach. A lake ~n this location wil endch the value of the property around it and set the stage for redevelopment. Mi. Mazzella confirmed for Commissioner Bradley that they are working with the ptanning consultants, and plan to have 30% construction drawings within one and one-half weeks. The Commissioners will see the plan at 60% of the design stage. In response to Vice Mayor Titcomb's question, Mr. Guidry explained that the size and shape of the lake has been fixed to accommodate the mangroves. Some adjustments can be made for the purpose of aesthetics Commissioner Bradley feels mangrove mitigation would be favorable in this project. He recommends keeping the shape of this facility as flexible as possible to incorporate the buildings around it, Mayor Taylor feels this is the most important thing this City could have done for downtown redevelopment and for businesses and residents who have been in this area for many years He will give this project his full support. Commissioner Bradley suggested that as the units come on line and the cost to developers is made known, it is important that it reflect the cost going to Mr. Garcia so that the public is aware of how much money the City is granting him to develop his project. Motion Commissioner Jaskiewicz moved to approve Iterr IV-C.6. Vice Mayor Titcomb seconded the motion that carried 5-0. V. CITY MANAGER'S REPORT: A. Update on Round 2 on County Economic Development Grant Program Wilfred Hawkins Assistant to the City Manager, reported that the overalJ Economic Development Program through the County has entered the second year of County-wide grants. The City was involved in this program last year with the marina project. Rainbow City Grocery, Caf6 Barista. and the Dolphin Bar. ]5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 The County has separated this grant program into two categories again this year. They are: 1) Core. and 2) Competitive In the Core grouping, a specific amount has been assigned to six aarticular cities. Boynton Beach is one of those cities and we will receive $75, O00. That money can be granted to any new or existing business that intends to employ people within the City of Boynton Beach. Three businesses will participate this year. They are Cafe Barista, Fisherman's Catch. and Scully's convemence store. Each of these businesses is involved in renovations thai include expanding the existing business. In addition, they will hire additional personnel. The City is required to do a 25% match to the grant award. We can meet that requirement by matching cash or through the payment of certain impact fees. building permit fees, infrastructure improvements or through the transfer of City property. In the case of these businesses, staff recommends looking at the building permit fees. Caf~ Barista is planning a $25.000 renovation. The Fisherman's Catch renovation will be approximately $150,000. and Scully's renovation will range from $25,000 to $30,000. Mr. Hawkins recommends splitting the $75,000 equally. The City will then be able to deal with the 25% cash match that will amount to $6,250 each. We will 10ok at the building and impact fees first. Anything over and above that will be matched with cash. These grants must be submitte(] to the Economic Development Office 'by October 31% When the grant is finalized, it will be brought back [o the City Commission for approval of a Resolution. With respect to the competitive grant, City Manager Willis explained that [here is a preliminary analysis of a concept that was used in Delray known as "City Limits" that utilizes an open-air venue and an amphitheater construction in order to. attract the public into the surrounding businesses. The designer and contractor of that project is talking with Ms. Francoise. This would require a very significant investment. Once Ms. Francoise has her financing commitment, the application will be brought back to the Commission for approval of submission to the County. Vice Mayor Titcomb questioned whether these grants are fully advertised. Mr. Hawkins explained that the grants are advertised through the County. The City has the responsibility to make sure the work is done. Commissioner Bradley pointed out that the project in Delray Beach received over $200 000. He feels we should try to promote renovation of projects that will be sizable. Mayor Taylor explained that we must stress to those getting these grant funds that the jobs must be verified. The County is very strict about this req Jirement. If it can be proven that the jobs were not created, the funds must be paid back. City Manager Willis advised that the matching dollars can come in terms of infrastructure. One of the issues associated directly with these projects are the extension of taking the overhead utility lines underground. City Manager Willis is investigating the possibility of expanding [hat program for a couple of blocks and crediting this back [o the match. With regard to the Dolphin Bar project, an alley abandonment will be involved and we would receive a credit of $15.000 or $20.000 B. Annexation Cost/Benefit Analysis and Phasing Study Results Tambd Heyden, Planning & Zoning Director. reminded [he Commissioners that in August. they directed staff to look at the idea of annexing the entire Reserve Annexation Area and enclaves ]6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 through the Legislature. The Commission also directed staff to look at the idea of phasing through an analysis of cost versus revenues. The Greater Boynton Beach area is our utility service area that extends to the E-3 Canal running north/south at a mid-point between Military Trail and Jog Road. This area was pared down to look at a phased approach This pared-down area includes all of the enclaves, the High Ridge Road corridor, the area west of Seacrest Boulevard and north of Hypoluxo Road (Sandcastle area), the parcels east of the midway point between Lawrence Road and Military Trail (north of Lawrence Oaks), and the parcels adjacent to the City's border south of Boynton E~each Boulevard. In creating this Phase I. an ~tempt was made to round off the City's existing boundaries and to factor in minimizing the need for additional services. In addition, we tooked at areas that had high values. Staff did a comprehensive study of the costs and revenues. This study excludes ~:he "soft" benefits. These are items that are difficult to associate with a dollar value. Those items include items such as increase in the population by 37.000. This would increase our population to approximately 87.000. This has implications in terms of federal funding. In addition, this would diversify our population base. Another item that has been excluded is road tax since this is a very difficult figure to determine. Staff included a very minimal figure because many of the roads in the area are within residential areas and are private. An estimate of the revenue on the gas tax would be approximately $250.000. For Phase I. that figure would be approximately $30.000. With regard to the Greater Boynton Beach area_ there is little commercial land use in the area and that had a major impact on the property tax values that were anticipated. In addition, there is very little vacant land available. There are many residential projects that have private roads and are secured communities. There are six mobile home parks. The Sandcastle area is a challenge since it presents code enforcement problems in terms of maintenance, abandoned vehicles, lack of drainage, lack of public streets, and lack of utilities. Wit~ respect [o costs, it was difficul! to arnve at a figure because of the need to make assumptions taking into account many variables. The costs include new services, capita] and personnel expansions that would be initiated and would occur ~ncrementally. The anticipated costs have been grouped into two categories - priority and non-priority. The priodty costs are those that include services that must be planned for pdor to. and delivered concurrent with annexation. These costs include emergency or certain maintenance services, or services that are easily identifiable by the residents. The non-priority costs are related to additional non- emergency services. These items include functions of City government that range from development review processing functions, recreation programs, and parks and maintenance programs. In addition because the City charges a premium for the utilities in the service area, we would lose that revenue once it becomes par~ of the City. Some of the things that were removed from the analysis of cost included parks and recreation. These are costs the City will have to incur because there are several planned parks included in the Comprehensive Plan that will serve our current boundaries and this new area. The priority costs were pared down to cover only emergency services that included Police and Fire. equipment and personnel. The non-priority costs included code compliance, additional Code Compliance Officers one additional park, facilities maintenance to maintain the park and additional staff in the Development Services Department. In addition, there would be a nominal library cost. ]7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 For Phase I only, in year one, the City will have a surplus of $800,000. In year 2. there will be a deficit of approximately $654.000 (The non-priority costs were added,) In year 3, the City will experience a $1 million surplus. In looking at the entire Reserve Annexation Area q year 1 the City would realize a gain of $1.7 million. In year two, there will be a deficit of approximately $1.8 million. In year three, we will experience a surplus of $1.9 million If the non-priority costs were delayed until year 3 rather than year 2, the first year surplus would be $800,000 in Phase 1. The second year surplus would be $1.2 million. In year three, the non-priority costs would be $1.8 million, However. the revenues gained from years one ano two would pay for the non-priority costs. This same sbenano applies for the Greater Boyrr[on Beach Annexation Area. In year one. the surplus would be $1.7 million. In year two, it will be .$3 million. The non-priority costs in year three would be $4.8 million. Ms. Heyden feels this is a very economically feasible project for the City. Ms. Heyden advised that there are three properties outside the utility service area They are Indian Springs, Delray Dunes. and Quail Ridge. These areas are not served by the City, and because of their location, it would be difficult to get support from Palm Beach County to annex them. Furthermore, it might not be economically feasible for the City. The possibility of annexing these areas warrants further investigation. In response to Commissioner Bradley's question. Ms. Heyden said there were discussions between representatives of our LJtilities Department and the utility provider of these areas a few years ago. At that time. they were asking for an astronomical amount of money. Commissioner Bradley wondered how the annexation clause in our water service agreements affects our ability to 'annex as opposed to the communities where we do not have those agreements. Attorney Cherof advised that the power of the Legislature is all encompassing, it can override most of the agreements or take the place of the agreements where they do not exist. If we can persuade the Legislature that this annexation is in the best interest of the residents of the City as it is currently configured and the residents of those areas, all other issues will drop away. Mayor Taylor pointed out that the final decision by the Legislature would depend on who has lhe most influence. The western areas of Boynton Beach have a very strong voice with the Legislature and could make this an uphill battle Commissioner Bradley feels this will be an uphill battle regardless of when or how this is done. One of the important issues to point out in this case is that the City of Boynton Beach would not get rich annexing this area. Commissioner Jaskiewicz questioned whether the City residents pay less tax because we have our own Police and Fire services. Commissioner Bradley explained that during the Windward discussions this issue was addressed. Even though there would be a decrease in the County tax, those residents would MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 still experience a tax increase as a result of annexation Mike Rump said it would be a net change of 6 mils extracted from the County's bill. Attorney Cherof explained that Bmward County is ahead of Palm Beach County in annexing ~ areas. There has been a corresponding increase in County taxes because the County has lost some prime properties to some of the internal cities. Therefore. County taxes are being inflated at a higher rate. That situation would be probably follow here. Commissioner Tillman feels this might be a selling point for annexation because, as we move into the area. there will be an ~ncrease in County taxes. Attorney Cherof pointed out that another benefit is that the pebple in the areas adjacent to the City will have a stronger voice in a local government they would be part of. Mayor Taylor commended staff for their work on this project. He asked for the Commissioners' input on whether or not the City should move forward on this item Ms. Heyden explained that once we get over the hump of phasing in the operating costs, there would be an annual benefit of $2 million to $2.5 million. Commissioner Bradley feels this is a conservative estimate. Mayor Taylor expressed concern about where the up front costs would come from City Manager Willis feels the main up front cost would be the cost of hiring a lobbyist. Ms. Heyden added that in only Phase I the revenues exceed the costs by approximately $800.000 if the non-priority items are deferred to year two. Commissioner Tillman feels we need to move forward with securing lobbying assistance in annexing to the west. Ms. Heyden recommended moving forward with annexing the Greater Boynton Beach Area. Annexing the entire area will provide a better return for the City. Ms Heyden confirmed for Vice Mayor Titcomb that one of the areas on the map is almost all commercial but is served by Palm Beach County (LeChaletJAberdeen Shopping Center). Mayor Taylor pointed out that approximately two years ago, we went to COBWRA to discuss annexation. They were not interested at that time and he does not believe they will be interested at this time either Therefore, legislative consideration would be necessary. Commissioner Bradley recommended looking at the entire area In addition, he questioned whether or not there is the potential for annexing the property we service at the beach. Ms. Heyden explained that these areas would be included in the proposal. Ms. Heyden said this was a major project for her office. She thanked Mike Rumpf, Dan DeCarlo. and Josh Atfaro. Mayor Taylor asked that Ms. Heyden extend the Commissioners' compliments to staff. Eugene Sokoloff was present n the audience and requested a copy of the agenda oack-up material on this item. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 VI. PUBLIC AUDIENCE: None VII. PUBLIC HEARING: None VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Zoning-in-Progress Ordinance At Henry Iter's request, Ms. Heyden brought forward this request. This Ordinance would be structured so that. new developments would be subject to another layer of review. The purpose would be to compare the plans they are working on to the proposal that is being presented by a developer. They would then make recommendations with respect to landscaping, colors, and building style. This ordinance would apply to the commercial corridors that are part of the study area east of 1-95. These areas would include Martin Luther King, Jr. Boulevard. Boynton Beach Boulevard. Federal Highway and Ocean Avenue. Ms. Heyden asked for input from the Commission. Mayor Taylor suggested having a representative of the consultant attend the TRC meetings rather than setting up another committee. Ms. Heyden agreed this would be possible. She also mentioned that the City could require one additional set of plans for the consultant's review. The Commissioners expressed concern when Ms. Heyden advised that this new Ordinance would require new projects to comply with recommendations made by the consultants Mayor Taylor would rather receive recommendations from the consultant. He does not want to set up a level of authority for the consultants. Attorney Cherof explained that the traditional concepts of "zoning in progress" which are upheld in the State of Florida by case law, are that they deal with situations where a Commission has specifically headed in a direction, and given staff direction to do support studies and bring back to them codified rules and regulations. It is in that short period of time following Commission direction and codification of the rules and regulations [hat zoning in progress applies. If there is too much of a deviation a property owner will complain that his/her property rights have germanently or temporarily taken away. This is an area requiring a great deal of caution. ommissioner Bradley questioned whether design issues would be affected by this ordinance. Attorney Cherof advised that most case law deals only with zoning issues. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTONBEACH, FLORIDA OCTOBER 21, 1997 Vice Mayor Titcomb was of the opinion that the tendency was to more toward more flexible zoning in the target areas rather than more restrictive zoning. Commissioner Titlman ~s opposed to g~ving too much authority. He recommends that the consultant attend the Planning & Development Board meetings for the purpose of looking at these issues. Attorney Cherof pointed out the m~)ortance of having rules and following them This is a dangerous area and the courts are not comfortable with things like this because people cannot go to a book and find out the requirements. He suggested that Mr. Iler bring forward more concrete ideas about how to move forward on this. and tell us about areas where it has been tested successfully. Vice Mayor Titcomb suggested Mr. lief submit a sample ordinance that has worked wetl 'n another municipality Ms. Heyden advised that she contacts the consultants to get their advice on projects. B. Code Compliance/Enforcement Board Commissioner Bradley recommended that the name of the Code Enforcement Board be changed to Code Compliance Board. Attorney Cherof will bring forward an Ordinance at the next meeting to change the name of this board, C. Relatives Working For the City of Boynton Beach Mayor Taylor said he began to have some concerns when the Sheriff's Office experienced problems over relatives reporting to one another. In addition. Delray Beach also experienced similar problems. Therefore. he requested a repor~ on relatives working within our City. In addition he would like our employment applications to have a notation about relatives working in the City in order to prevent future problems. Attorney Cherof offered to provide a report at the next meeting. XI, LEGAL: A. Ordinances- 2n° Reading - PUBLIC HEARING 1. Proposed Ordinance No. 097-49 Re: Adopting the Early Retirement Incentive Program Attorney Cherof read Proposed Ordinance No. 097-49 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE PRESENT WHO WI SHED TO SPEAK ON THIS ORDINANCE. 2] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 21, 1997 Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-49 on second and final reading. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - Is" Reading: 1. Proposed Ordinance No. 097- Re: Woolbright Medical Offices Rezoning Attorney Cherof read Proposed Ordinance No. O97- by title only. Motion Con-missioner Bradley moved to approve Proposed Ordinance No. 097- on first reading. Commissioner Tillman seconded the motion City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: Consider approval of $10,000 settlement of Boynton Beach Re: Bernice Garfinkel v. City Motion Commissioner Bradley moved to approve. Commissioner Tillman seconded the motion that carried unanimously. 2. Schedule Executive Session for contract regarding bargaining negotiations Discussion ensued about whether or not the Commissioners would be attending the Special Legislative Session on education in Tallahassee on November 3% It was pointed out that the Board Dinner will be held on Monday, November 3r°. and a regular City Commission meeting is scheduled for November 4TM. n addition. Commissioner Bradley was not certain the tnp was worthwhile since it might not help. City Manager Willis was of the opinion that we had planned to have the Commissioners speak directly to the committee members. Commissioner Bradley recommended discussing this situation with the lobbyist to seek an opinion on whether or not the Commissioners should attend this session. Vice Mayor Titcomb recommended identifying the members of the committee so thai we can make a direct plea to those Legislative members. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 2'1, 1997 This Executivei Session was scheduled for Monday, Novem oer 10~, at 6:00 p.m., in Conference oom B. Th~s meeting wdl be held prior to the joint meeting with the Chamber of Commerce. The joint meeting will b~gin at 7:30 p.m.. in the Library Program Room. 3. City Attorney review of elements of Newsrack Ordinance Attorney Cherof req Jested that this tern be tabled until the next City Commission meeting. Xll, UNFINISHED BUSINESS: A. Ocean Ridge Negotiating Team Mayor Taylor advised that he and Vice Mayor Titcomb were part of a negotiating team along with the Mayorl of Ocean Ridge and one of their Commissioners Mayor Taylor is unable to meet on the days they have established for meetings. Therefore, he asked the Commissioners to appoint a member in his place to act as a negotiator with Vice Mayor Titcomb. Commissioner Jaskiewicz volunteered to fill Mayor Taylor's slot on this team. XIII. OTHER: None XIV. ADJOURNMENT: There being no! fur[her business to come before the City Commission, the meeting properly adjourned at 9:40 p.m ATTEST: City4E;lerk '~- ~ve~tY City Clerk Tapes) CITY OF BOYNTON BEACH ,~~ayor Commissioner 23 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Guardian Storage APPLICANT: Touhey Association APPLICANT'S AGENT: Gregory Miklos APPLICANT'S ADDRESS: 2263 N.W. Boca Raton Blvd., Suite 112, Boca Raton, FL 33431 DATE OF HEARING BEFORE CITY COMMISSION: October 21, 1997 TYPE OF RELIEF SOUGHT: New site plan approval LOCATION OF PROPERTY: Northeast corner of Congress Avenue and 35t~ Avenue. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MAURER came on to be heard before the City Commission of the City of Bo!~nton Beach Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported ~y substantial competent evidence are as set forth on Exhibit "B" with notation "included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the proper~y shall be made in accordance with the terms and conditions of this order. 7. Other DATED: JASHRDATA~Pianning~SHARED~ROJECTS~Guardian Stomge~NWSP~DEVELOPMENT ORDER.doc LOCATION MAP GUARDIAN STORAGE EXHIBIT A 1/8 MI'LE S E EXHIBIT "B" Conditions of Approval Project name: Guardian Storage File number: NWSP 97-017 Reference: The plans consist of 16 sheets identified as 2nd Review, New Site Plan. File # NWSP 97-017 with a September 9 1997 Plarming and Zoning De mrtment date stamp markin PUBLIC WORKS Comments: None X UTILi IIES Comments: 1. Palm trees shall be the only tree species allowed within utilities X easements. Canopy trees shall be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. (Sec. 7.5-18.1) 2. Department of Health permits shall be required for the water and sewer X systems serving this project. (Sec. 26-12) 3. A capacity reservation fee shall be due for this project upon the Utilities X Department request for signature on the Health Department application forms or within 30 days of site plan approval. This fee shall be determined based upon fmal meter size. (Sec. 26-34(E)) 4. Water and sewer lines to be owned and operated by the city shall be X included within utilities easements. Show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument of record to the city. (Sec. 26- 33(a)). Mains shall not be located closer than 10 feet of structures. 5. Appropriate backflow preventers shall be required on the domestic water X service to the building, and the fire sprinkler line, if there is one, proposed. (Sec. 26-207) 6. City water may not be used for irrigation where other sources are readily X available (Comp Plan policy 3C.3.4) 7. Relocate dumpster outside of the utility easement. No structures or X footers shall be allowed in utility easements. (Sec. 26.33(a)) 8. Sewer and ~vater mains shall be extended to south and east property lines X for future connections. Fire Comments: 9. The security gates shall operate according to the Security & Emergency X Access Gate Guidelines. The rear emergency gate shall have a hard Page 2 Guardian Storage File No. NWSP 97-017 DEPARTMENTS INCLUDE REJECT surface in the area to the public way (i.e. street). There shall be no parking spaces in front of unit doors unless they are used only for loading and unloading. POLICE Comments: None X ENGINEERING DMSION Comments: 10. At the time of permit application, show a detail of exfiltration trench and X a cross-section of the proposed dry retention area on the drainage plan. [LDR Chapter 23, Article I, Section 5.B. 15] 11. Locate the proposed sidewalk along S.W. 35 Ave. one foot offthe right- X of-way line as shown on City drawing B-91004. 12. If back-up distances for all the parking stalls along the east parking area X are 27 feet, then show a dimension of 27 feet on the plan, rather than the 26.8 feet shown on the plan - or revise plan to meet the 27 foot minimum back-up distance per City drawing B-90013. 13. Indicate on the site plan, at time of permit application, stop signs and X bars for cars exiting the public parking areas (handicap lot and six stall lot). [LDR Chapter 4, Section 7.B.2.] 14. All plans submitted for specific permits shall meet the City's code X requirements at time of application. These permits include, but are not limited to, the following: site lighting, paving, drainage, curbing, landscaping, and irrigation. Permits required from other permitting agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with the permit application. BUILDING DIVISION Comments: 15. Amend the landscape plan (sheet L-l) to match the site plan with respect X to showing location of the sidewalk that connects the subject site to the adjacent right-of-way. [Florida Accessibility Code for Building Construction, Section (1)] Page 3 Guardian Storage File No. NWSP 97-017 16. To ensure that the required handicap accessible route is consistent with X the applicable code regulations, place a note on the site plan (sheet A-l) mad paving and drainage plan (sheet CE 1 of 1) indicting that an accessible route complying with the Florida Accessibility Code for Building Construction will be provided between the sidewalk at the right-of-way and the accessible entrances to the buildings and betweet the accessible parking spaces and the accessible entrances to the buildings. [Florida Accessibility Code for Building Construction, Section 4.1.2 Ill (1) thru (4) and 8~ction 4.6] X 17. According to Section 4.1.2 III (5) of the Florida Accessibility Code for Building Construction the number of required handicap parking spaces for the proposed site is four (4) and not two (2) as depicted on the plans. Therefore, amend all plan view drawings of the site to show no less than the required number of handicap accessible parking spaces. Note: All access~le spaces shall comply with Section 4.6 of the Accessibility Code. 18. The assumed property line shown and identified on sheets A-3, A-4 and X within the "Opening Percentages in Walls" chart found on the same sheets is inconsistent with the assumed property line shown and Stated for the west elevation of Building "C". Amend the charts, plans and tabulations to be consistent and in compliance with Table 600 of the Standard Building Code I994 Edition. 19. The length of the north wall of Building "E" found in the "Opening X Percentages In Walls" chart found on sheet A-Il and A-12 does not match the dimension of the wall as identified on the floor plan. Amend the drawing to show consistency with regards to the length of the wall and where applicable amend the chart and/or plans. 20. The length of the north and south walls of Building "C" found in the X "Opening Percentages in Walls" chart found on sheet A-7 and A-8 does not match the dimension of the wall as identified on the floor plan. Amend the drawings to show consistency with regards to the length of the walls and where applicable amend the chart and/or plans. 21. It is the applicant's responsibility to design and consmact the project in X compliance with the applicable Building, Energy and Accessibility Codes. Permits are required to make improvements at the subject site. [Chapter 20, Building, Housing and Construction Regulations] PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Page 4 Guardian Storage File No. NWSP 97-017 PLANNING AND ZONING Comments: 22. Provide a clause on the survey stating that the property was abstracted X for right-of-way and easements, as required by LDR, Chapter 4, Section 7.A. 23. Indicate on the landscape plan, the percentage of native material X required, Note that the City of Boynton Beach Comprehe'asive Plan Policy 4.4.6 states that native vegetation species shall satisfy at least 50% of all required site landscaping. 24. Any exterior utility boxes, meters, transformers, etc. shall be screened X from view by a wall or continuous hedge as described by Chapter 9, Community Design Plan Sec. 10.C.4. 25. A formal submittal for the proposed signage to be reviewed by the X Planning and Development Board will be required, prior to sign permits being issued. (LDR, Chapter 4, Section 7.B.2) 26. On the elevation drawings, depict color code and manufacturer's name of X all exterior building material. 27. Prior to submitting plans for permits, provide required drainage permit X from Lake Worth Drainage District. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 28. Add foundation landscaping on the south side of buildim, "A" and *h~ west side of building "E". - ---° ........ X ADDITIONAL CITY COMMISSION CONDITIONS 29. NONE. X TJH:dim J:\SHRDATA\PLAN NING\SHARED\WP\PROJECTS\GUARDiAN STORAGE~NWSP\COND. OF APPROVAL. DOC DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fidelity Federal Bank APPLICANT: Kevin McGinley APPLICANT'S AGENT: Kevin McGinley APPLICANT'S ADDRESS: 1300 N. Congress Avenue, Suite C, West Palm Beach, FL 33409 DATE OF HEARING BEFORE CITY COMMISSION: October 21, 1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (required setback) LOCATION OF PROPERTY: 1501 Corporate Drive, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~g-~ ~:~.x,z//~'~'2'' ~o · ~ City Clerk - ~_ ~.' - ~0 J:\SHRDATA~Planning\SHARED\WP~PROJECTS\Guardian Storage~NWSP\DEVELOPMENT ORDER.doc ~ ~ ~ MaP LOCATION E~H I BI T "A" PU ¸- EXHIBIT "B" Conditions of Approval rr"?roject name: Fidelity Federal Bank File number:. ZNCV 97-006, Case No. 240 ~Reference: Zonine Code Variance application dated 9/9/97. DEPARTMENTS { INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. DENIED. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Overturned Planning and Development Board denial. X TJH:dim "S:\PLANNING\SHARED\WPWROJECTSWIDELITY FEDERAL BANK\COND. OF APPROVAL.DOC