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Minutes 04-28-92SPECIAL CITY COl414ISSION NEETING HELD IN COl414IS$ION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 28, 1992 AT PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose!Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Weiner called the meeting to order at 4:04 p.m. AssiStant City Manager Carrie Parker explained the purpose of the meeting is to review the components required for a new high school and to apprise the City Commission of the School Board's position in this planning process. The State Department of Education is the governing body in the construction of new Schools. They have surveyed school areas in Palm Beach County and issued a report to the local School Board that a new high school is required in the greater Boynton Beach area. They have also pinpointed Royal Palm and northern Palm Beach County as areas needing new high schools. The School Board is currently establishing their five-year capital construction progbam for the new schools. The City of Royal Palm will enter into an arrange- mentlwhereby the city will construct the school and lease it back to the School Board. That will eliminate much of the cost for the School Board. This commit- mentlprobably makes the construction of a new high school in Royal Palm priority one.! There is no information available regarding northern Palm Beach. The ~chool Board prefers a site on Jog Road; however, the Mayor and City Commission, as well as City staff, prefer a site within the Boynton Beach City limits. The Congress Avenue site is approximately 104 acres. The School Board requ!lres a sixty (60) acre site, but prefers 100 acres. City staff has been asked to estimate the infrastructure requirements in order to use the Congress Avenue site. All information pertaining to their estimates is aittached to the original copy of these minutes on file in the City Clerk's Offi MS, sior was the in .~ reqL Par~ the Det( cosi ce, Parker proceeded through the packet of information to acquaint the Commis- with its contents. It was pointed out that a letter dated April 13, 1992 received by the School Board from Mr. & Mrs. Klatt. They are the owners of Congress Avenue property. Their letter reports that they are not interested elling any portion of the property regardless of price. They have further ested that no drilling,'testing or surveying be allowed on the site. Ms. er pointed out that the School Board has condemnation powers if they want property. .ils were provided regarding water and sewer requirements. The estimated ., including capital facilities charges, would be approximately $176,122. - 1- HINUTE$ - SPECIAL CITY COMI4I$$ION BOYNTON BEACH, FLORIDA APRIL 28, 1992 Ms. Parker stated that the~last high school constructed by the School Board was usedias a model in estimating the costs and staff feels the numbers estimated are quite reliable. Parkiand recreation costs were provided covering a wide variety of facilities which could be included on a high school site. It was pointed out that a foot- ball field is generally included, but some of the other facilities listed could be optional. In response to a question from Vice Mayor Matson regarding minimum requirements, Ms. Parker explained that there is currently a new Superintendent and the old policies for construction do not necessarily apply any longer. Commissioner Agui!a feels that in order to get the high school in this City, it is important to make a lucrative offer to the School Board. Vice Mayor Matson also feels thatiit is important to provide something at this site which is not provided at .any Other school in the area. No pools have been constructed by the School BoarU, but the County has been constructing the pools and the School Board has beenlentering into joint-use arrangements with them. A new auditorium hasbeen provided at Atlantic High School, but Commissioner Aguila pointed out that there is nD one available who can operate the sophisticated system. He suggested not making that type of mistake if we propose an auditorium. Ms. Parker explained thatl this recreational package is the most confusing in terms of how many faci- lities should be included. The list of facilities, not including a pool, audi- torium or stadium, will cost approximately $1.8 million. That dollar figure includes contingencies. Chris Cutro addressed the traffic and zoning considerations. The land is pre- sentily zoned R-lA which would allow a high school to be built. This site would permiit 75H single-family units. It would not make much sense if the County takeis a portion of the site and leaves a portion for single-family development. Mr. i Cutro feels that something could be structured for the land owner to make him !a willing seller. He further stated that uses could be mixed on the site withi Commercial and Housing, Housing and Office or HoUsing, Office and Commercial. Mr. jCutro estimates that the high school will generate 3,800 trips which is base a mE engi bout Boyr wide cosl d on 10.9 trips per day for every 1,000 feet of square feet of school. At eting between Linda Howell, a Planner for the School Board, and traffic neers, the traffic engineers stated they will required a north and south- d turn lane on Congress Avenue; an east and westbound turn land on Old ton Road; improvements to the wooden bridge on Old Boynton Road; and a ning of 22nd Avenue between Lawrence Road and Congress Avenue. The total for these improvements amounts to just over $1 million. No ~roblems are expected with regard to water and sewer or drainage. commissioner Aguila read in the report that the site is considerably lower than theiareas around it and wondered if the City would have to fill the site. Mr. Cut~o did not anticipate the City filling this site and feels that would pro- bablly be the School Board's responsibility. He further pointed out that the site includes from five (5) to ten (10) feet of muck which would have to be remQved. Since Mr. Cutro was unable to confirm whether or not the School Board will require the eastbound turn lane, it was included in the cost estimate. -2- #INUTE$ - SPECIAL CITY COI~ISSIOH 80YNTON BEACH, FLORIDA APRIL 28, 1992 Theyimay only need a westbound turn lane on Old Boynton Road. Some improvements to 22nd Avenue have already been made and it is possible the costs for those improvements may be slightly overestimated. That figure could possibly be lowered by $50,000 to $100,000. City!Manager Miller asked for the reference used with regard to the 10.9 trips per day. Mr. Cutro used the Olympia Heights High School. Using that 330,000 square foot figure and the ITE (Institute of Traffic Engineers) multiplier, the lO.91trips per day were estimated. In response to Commissioner Aguila's question regarding the Klatt's letter, Mr. CutrD contacted their attorney, Mike Schroeder, who said the Klatts are willing to talk to the City and the School Board about the entire site. He feels they do not want to sell outright to the School Board and not know what will happen withl the remainder of the land. The City may have to make concessions regarding landl use. Mr. Schroeder indicated that if the City was willing to structure someithing regarding changing the zoning to Commercial, or increasing the density by tiransferring the development rights, the Klatts would be willing to talk withi the City and the School Board to sell sixty (60) or seventy (70) acres to the School Board and doing something else with the remaining acres. Cityi Manager Miller pointed out this procedure would be inconsistent with the Compirehensive Plan and wondered if it would bring about resistance from the Counlty, the Treasure Coast and the State since conflicts have arisen regarding Westi Boynton Beach Boulevard. Mr. Cutro was not certain whether or not there woulid be resistance, but felt staying with Residential on the site would be acceiptable. There is a possibility they will resist going from Residential to Commercial on the site. Ms. iParker reiterated the issues of concern. They are as follows: The School Board prefers a 100 acre site. There may not be much land left over on this site to work with. She asked if the Commission would consider the rezoning of remaining land to a higher density which might necessitate a Comprehensive Plan change; and 12. regarding drainage and fill, does the Commission want to go forward with a financial contribution toward that effort or let the School Board handle it. MayOr Weiner asked Wilfred Hawkins to present a background as to the School Board's stand regarding the high school, what the City's chances would be in theifuture if we do not take this opportunity, and where the students will be drawn from. Mr. Hawkins stated that the need for the school has been established in Palm Bea¢~h County. The School Board would like to build the new schools without having to pay the entire bill. Joint-use arrangements will be the new wave of the future for school construction. The School Board is asking the cities to pari~icipate in the financial aspect. The municipalities able to provide a NINUTES - SPECIAL CITY CONNISSION BOYNTON BEACH, FLORIDA APRIL 28, 1992 join:-use plan will have a better chance at getting the schools built in a shoriter period of time. Because of Royal Palm's commitment, they are at the -top of the list as far as priorities are concerned. It takes approximately two years from design to completion of the high school. When) the School Board defines the area where the student body will be drawn from, the size of the school will be determined. Our concern will be for a high scho)ol for western Boynton Beach because that area has been identified for growth. The School Board also looks at convenience of location and what area coulid be used to the advantage of all people. The School Board selected this site: because of the possibility of the introduction of a magnet program which will! help the racial balance issue. If the City misses this opportunity to secure a high school within the City limits, it is possible we will never have another chance because growth is now to the west. Commissioner Aguila wondered if we have an argument for being able to maintain a school on this site without having to draw from other areas. Mr. Hawkins stated that the School Board maintains the population. Boynton Beach has a good racial mix !and can draw a student body from within the City limits. The School Board is concerned about schools outside our City limits. Those schools are drawing students from Boynton Beach to racially balance the school. The School Board has ~the ability to redraw the boundaries and Santaluces would not be a problem; however, Atlantic High School in Delray Beach would present a problem. Introducing a magnet program at a new school can alleviate some of the problems. Regarding funding, Ms. Parker explained that the water and sewer improvements can ibe financed through the Utilities or Cap Fees Reserve. The other improve- ments are more difficult. There is a balance of approximately $800,000 in the CIP Fund and $900,000 in the Parks & Recreation Fund; however, the City Commis- sion has been discussing the new parks. The City Commission has also indicated projects for the CIP Fund. At this time, the CIP Fund does not have any millage associated with it and, therefore, the balance is only growing by the interest earnings. The traffic improvements will be over'$1million and the recreation improvements could cost anywhere from $1 million to $10 million. ThelCity has two sources for a revenue bond. The Local Option Gas Tax which coul)d be used to finance the traffic improvements currently generates approxima- tely $600,000 per year. The Guaranteed Entitlement portion of the State Revenue Sharing is set at $337,000 per year. The Local Option Gas Tax funds can only be used for street improvements. Both sources of revenue are currently being used in the General Fund. If it is decided to use these funds, the General Fund would have to be decreased by that amount or the millage would have to be increased. The)City can issue a General Obligation bond which requires a referendum for approval. Currently, under the present property assessment, one-half of a millage increase would support a $10 million bond issue. Grady Swann was intro- duced to discuss these details. Commissioner Aguila asked for clarification on bonds. Mr. Swarm reported that the General Obligation bond would be paid by ad valorem taxes. On a $50,000 home, the cost would be $25 per year including the exemption which would make the value of the home $75,000. A General Obligation bond is by referendum only. It was pointed out that a General Obligation bond #IHUTE$ - SPECIAL CITY CONI4I$$ION BOYNTON BEACH, FLORIDA APRIL 2B, 1992 is not the only method of financing available. There are other-revenues which can be used, but the General Fund would have to be decreased. Comm~issioner Walshak assumed that Royal Palm would float a General Obligation bond based on the revenue secured from the lease agreement with the School Board. Mr. Swann agreed that this is a possibility and stated that they may pay backi the bonds with the lease payments. In response to Commissioner Walshak's question, Mr. Swarm did not see any reason why the City of Boynton Beach could not do the same thing. Mr. Swarm further stated that similar arrangements are made quite often between manufacturers and cities, etc. Mr. Swarm reported that ther!e are three outstanding bonds at this time. They are the Recreational & Municipal Beach bond, the Building Improvement - 1985 bond, and the 1988 General Obligation bond and all are supported by ad valorem taxes. Commissioner Walshak was iadvised by Mr. Swarm that it would not be necessary to have a referendum if a bond was secured with paper from the School Board. Commissioner Harmening was not ~certain that anyone would buy a bond issued by the City with the City pledging a lease arrangement from the School Board. He stated that School Boards come and.go and their ability to pay is not always very good. Although he was not certain this is fact, he has reservations that the City would be able to sell the bonds on this basis. Mr. Swann explained that lease participation is done very often in many places. Mayor Weiner feels that the citizens should decide whether or not they want this school. If they do, they will pay for it. She feels it would be prudent to put this issue before the voters to see if they think it is important. While Vice Mayor Matson agreed in theory, she feels the older people are the ones who go outito vote and it is the younger citizens who need to vote because they will reap the benefits. Commissioner Harmening stated that in the past, the older people have been very supportive of education. This City has wanted a high school for many years. The School Board millage is higher than any other milliage on the tax bill and we are supporting the school system right now. He , woulld not consider paying $10 million to have the school in the City limits. Because it would mean a great deal for the City to have the school, he would consider a lesser amount. Ms, iParker stated that if we can totally use the lease as collateral, we may not have to put up any money at all. Ms. iParker pointed out that the site on Jog Road does not need the $1 million in' road improvements. With regard to traffic, that site is ready to go. Similarly, it may not need as much as the site on Congress in the way of water and sewer impCovements. There has been a request from the School Board for the submittal of Qur package by the first week in May because this will be on their agenda for the)second meeting in May. It was confirmed by Wilfred Hawkins that the School Board authorized the expenditure of $100,000 for a feasibility study on several sites in the County. The site on Congress Avenue is part of that study. Comn~issioner Harmening stated that the muck across the street to the north was up to forty (40) feet deep and he wondered how deep the muck is on this site. Mr, (5) Cutro stated that the shopping center to the south had approximately five to eight {8) feet of muck. In reviewing borings done by the City to the -5- #INUTES - SPECIAL CITY C0#14I$$ION BOYNTON BEACH, FLORIDA APRIL IS, 1992 westiof this site, it was found that there was approximately five (5) to twelve (12)ifeet of muck at that location. Mr. Cutro figures the muck is between five (5) and twelve (12). A geological survey confirms those figures. It will be expensive to demuck and fill this site. Commissioner Aguila questioned when the School Board's feasibility study would be complete. Mr. Hawkins stated that the School Board will be looking to the City!at the meeting on Thursday night to see what we can do on this site. After reviewing Mr. Klatt's letter of April 13, Commissioner walshak wondered if the School Board had a change of heart after receiving Mr. Klatt's letter. Mr. Hawk~ins was not aware of any change. Ms. Parker reiterated that the School Board has the power of condemnation. Mr. Cutro has spoken with the Klatt's attolrney who has indicated that they would be willing to discuss this situation. Comm!issioner Walshak reconfirmed that the Klatts would be amenable to listen if the School Board purchases sixty (60) or seventy (70) acres and the City rezones the balance of the property to Commercial. Commissioner Walshak does not beliieve-the Klatts will sell this property. He feels this site will be cost prohlibitive and thinks the muck is at least ten (10) to fifteen (15) feet thick. Bob i01enlk of the Boynton Beach Chafffoer of Commerce, stated that the Klatt par- ce1 !of land was reviewed during the Comprehensive Plan review and it was deter- mined that the best use of this land would not be residential. There were dis- cusSions about making the eastern portion into a park. It was further determined to encourage the western portion to be changed to a PID. He wondered why ithat change had not as yet taken place. He suggested that the estimates prepared by staff show a comparison of what it would cost for the Jog Road site as Opposed to the Congress Avenue site. He feels drainage at both sites will be equally poor. Even though the costs are high, those costs may have to be spent regardless of the site. Regarding school boundaries, in looking at the area schools, Atlantic draws students from southern Boynton and all of Delray and San~aluces draws from northern Boynton through Lantana and Lake Worth. The SchOol Board's thought was to put a school out west to handle western growth. He %eels the School Board should be influenced to understand that an eastern school can draw from both east and west Boynton. This was done for Boca and some of the Delray schools. Mayor Weiner pointed out that the School Board does not!seem to understand that children can travel from west to east. May( muc~ She thi~ rem~ r Weiner stated that the fact that the City's children are scattered has to do with the City's neglect of the School Board. This is no longer true. )ointed out the importance of attracting young families into the City. If does not occur, the eastern part of Boynton Beach will die. The City must n healthy and viable and the high school can help to accomplish that. Commissioner Aguila explained that in order to make the Congress Avenue site more palatable to the School Board, a comparison of costs must be made. Vice Mayqr Matson said the demographics are changing every year and there are more younger people settling here. This subject must be addressed now because this is qur opportunity. -6- HINUTES - SPECIAL CITY COHI4ISSION BOYNTON BEACH, FLORIDA APRIL 28, 1992 In reviewing COPs (Certificates of Participation), the February, 1992 issue of Governing Magazine states that the North Carolina and Virginia State Supreme Courts recently ruled that COPs are Constitutional and do not circumvent the process provided they include a non-preparation clause. Such a clause makes it clear that the government issuing the COP will decide from year to year whether to appropriate funds to pay the lease fees. It described a $24 million COP in Brevard County where they were contemplating not continuing the lease fees. The article stated that while the courts may consider the payment a matter of annual discretion, the capital markets do not, Ns. Parker stated that the School Board would be the entity that would be budgeting the lease payments from year to year. Staff will investigate the use of COPs. Commissioner Walshak raised the topic of alternative sites. Mayor Weiner explained that the City proposed an alternative site, but the Congress site is the )one the School Board chose. He questioned whether or not the Tradewinds site) was suggested to the School Board. Mayor Weiner stated that it was not sugglested because the City was attempting to meet their geographical require- ment)s. ~The Lawrence Roadsite met their requirements as far as---$antaluces and Atlalntic were concerned, but their selection was the Congress Avenue site. She does) not feel the Tradewinds site would meet those requirements. Commissioner Walsihak feels the Tradewinds site falls within the two {2) mile requirements. MayOr Weiner stated that the School Board has chosen the Congress Avenue site and )authorized staff to do a feasibility study on that site. Commissioner Aguiila wondered whether it would be worthwhile to suggest another site and let theiSchool Board decide whether or not they are interested. Mayor Weiner thinks the )addition of other sites at this point would throw a monkey wrench into the deal). Co~issioners Aguila and Harmening agreed that it would detract from thei)r schedules. Commissioner Walshak requested confirmation from City Manager Miller that the Schqol Board would be reluctant to discuss another site which might meet their requirements and be less expensive, and afford the City an opportunity to offer a more lucrative package. City Manager Miller was unable to answer that question. Mr. Hawkins stated that the Tradewinds site had been discussed in the ipast and it was not acceptable because of its proximity to South Tech. They woul)d prefer to renovate South Tech rather than use the Tradewinds site. Further, it was too close to the Delray line and they would encounter problems drawing boundary lines for western Boynton Beach. Commissioner Walshak asked foriclarification since the Congress Avenue site is approximately the same distance from Santaluces as the Woolbright site would be to Atlantic High Schqol. Mr. Hawkins explained that the Santaluces students could very easily be integrated into a newBoynton school. Drawing students from Delray would be a problem. They would prefer to move the school further away from Delray. Although the Congress site and the Woolbright site are less than a mile apart, the)determination depends on how the School Board wishes to draw the boundaries. Bob)Olenik stated that in discussions with the School Board, the allure for putling the school on the Congress Avenue site is the opportunity to turn it into a merchandising magnet school because of the proximity to the mall or a technological high-tech magnet school because of its proximity to Motorola. -7- N~NUTE$ - SPECIAL CXTY COt4NXSSZON BOYNTON BEACH, FLORZDA APRZL 28, 1992 Ms. Parker pointed out that staffwill proceed as follows: 1. What is the competition like in terms of the Jog Road site? Staff will investigate the COP option in terms of finding out the details from Royal Palm and whether or not it is feasible for the City to take advantage of such an option. Ms. iParker suggested this meeting be continued until Thursday, April 30th at 5:30) p.m. prior to the meeting at Poinciana School with the School Board. It was )suggested by City Manager Miller that another meeting with the School Board be a)rranged to discuss the new high school. Mayoir Weiner asked for a consensus from the Commission regarding a commitment thusi far to the Congress Avenue site which was chosen by the School Board for furtlher examination and a commitment to direct staff to continue working on it. Comntissioner Walshak feels this site is too cost prohibitive. Commissioner Aguiila feels it should be pursued and the other, sites should be looked at for comparison purposes. Vice Mayor Matson agreed with Commissioner Aguila and feelis the first way to handle this is with a comparison. It was agreed to keep the !sites to the Congress Avenue site and the Jog Road site. Commissioner WalShak stated he will mention the Tradewinds site. Commissioner Harmening is in ~avor of the Congress Avenue site, but does not favor an expenditure of $10 mil!iion. He further agrees with evaluating this site versus the Jog Road site. Staff will focus on the two sites the School Board is interested in. Not)on vice Mayor Matson moved that we consider first and foremost the Congress Avenue site for our City high school. Commissioner Aguila seconded the motion which carried 4-1. (Commissioner Walshak cast the dissenting vote.) In Cesponse to Mayor Weiner's question regarding the necessity for a motion per- taiOing to a comparison between the Congress Avenue site and the Jog Road site, City Manager Miller stated that would not be necessary. COFFE thi PO¶l Wi l' Sch~ inv~ grac dssioner Walshak asked that the record reflect the fact that he does not ~k any tax dollars should be used in the school project. ~clana School 'red Hawkins explained the issues to be discussed at the meeting with the )ol Board on Thursday evening. City staff asked the School Board to )stigate the possibility of keeping Poinciana School a pre-K through 5th le school. The school is now slated to close at the end of the 1992 school year. The School Board would like to turn Poinciana School into a pre-k and adult education only facility. Pro mai the The )osals will be offered to the School Board showing how the school can be )tained as a pre-K through 5th grade school. There will be a discussion on introduction of magnet programs. Magnet programs help to integrate schools. ~School Board is contemplating closing Poinciana because they feel it cannot -8- #INUTES - SPECIAL CITY CONNIS$ION BOYNTON BEACH, FLORIDA APRIL 28, 1992 be integrated. The School Board has been told by parents that they will not permit their children to attend Poinciana School because of the neighborhood in which it is located. The school currently sits on eight {8} acres and needs a total of sixteen {16) acres to be brought up to standards. Commissioner Walshak suggested land acquisition around the school to provide the necessary acreage. The School Board will be shown what they are doing to keep white students out of the School. Students from as far away as Military Trail are being bused to Galaxy Elementary, bypassing Citrus Cove and Crystal Lakes. We will show where students are being bused to Indian Pines Elementary School on Lantana Road and Jog Road to achieve racial balance. The neighborhood revitalization in the area'of Poinciana School will be brought to the School Board's attention. Commlissioner Aguila wondered why the City does not ask the School Board for a pre-K through 5th grade program with adult education. Mr. Hawkins stated that thisiis the type of operation in progress now at Poinciana School. More evening education at the facility will be encouraged. The School Board will have to spend money to bring the pre-K operation up to standards, so the City is suggesting expanding all of the programs to make it a true community school. Comissioner Aguila suggested a package deal whereby we help with their finan- cial! needs at Poinciana School and perhaps help less with finances at the new high school. Commissioner Walshak questioned whether or not the acreage had been pieced togeither if the thirteen {13) homes on 13th Avenue and the five {5} homes between Wilson Center and Poinciana School and the five {5} homes on 12th Avenue were consolidated to make up the necessary acreage required. Mr. Hawkins said the :acquisition of land on 13th, 12th and 11th Avenues would provide the necessary acreage. The Wilson Center and ballpark would add to that acreage and ia joint-use agreement could be discussed. AD~OURNNENT Thene being no further business, the meeting properly adjourned at 5:28 p.m. ATTEST: Cit~ Clerk g Secretary (Two Tapes) THE CITY OF B~Y_N~N BEACH Mayo r Commissioner