Minutes 04-30-04 f4TNUTES OF THE AGENDA PREVIEW CONFERENCE
HELD TN CONFERENCE ROOI~I C, WEST WTNG, C~Y HALL,
BOYNTON BEACH, FLOI~DA
ON FI~ZDAY; APRIL 30~ 2004 AT 10:00 A.M.
Present
Jerry Taylor, Mayor Kurt Bressner, City Manager
Hike Ferguson, Vice Mayor James Cherof, City Attorney
Bob Ensler, Commissioner Bonnie Glinski, Deputy City Clerk
Mack McCray, Commissioner
Absent
Carl McKoy, Commissioner
Mayor Taylor called the meeting to order at 10:07 a.m.
V.A. Appointments to be made
Commissioner McCray said that Brenda Lee Williams was previously appointed to the
Community Relations Board for a one-year term. She has served on this board for multiple
terms. Commissioner McCray announced that he would appoint her to a three-year term.
Commissioner Ensler commented that there were not enough applicants to fill the Education
Advisory Board. There had been discussion regarding the possibility of combining boards and
he questioned the status of that item. City Manager Bressner noted that this item was listed on
the agenda under New Business.
VI.B.3. Award Bid #038-2821-04/C.1D, "N.E. 17th AVENUE AREA STORI~tWATER
TI~PROVEI~IENTS AND WATER MATN REPLACEI~IENT" to I~ora Engineering
Contractors, Tnc., and to execute a contract by resolution in the amount of
$1,711,917. Also, approve an owner's contingency of 10% in the amount of
$171,19:~.70 for a total project budget appropriation of $:~,883,108.70 (Proposed
Resolution)
Commissioner McCray noted that he would pull this item from the Consent Agenda so that staff
could make a presentation for the public.
VT.C.4. Proposed Resolution Re: Approval of the Interlocal Agreement with
the Town of Ocean Ridge for the provision of Fire Suppression, Emergency f4edical
and Fire Life Safety services
Commissioner Ensler announced that he would pull this item from the Consent Agenda as he
had some questions dealing with location and personnel.
Meeting Minutes
Agenda Preview Conference
Bovnton Beach, Florid~ April ~10, 2004
V[.C.6. Proposed Resolution Re: Amendment to the 2002/2003 Community
Development Block Grant contract for services for the 3uvenile Transition Center
(~TC)
City Manager Bressner explained that the expenses listed in the sub-grantee agreement that
was approved in July 2002 did not, in staff's opinion, comply with the terms of that agreement.
He distributed a copy of an amended agreement and explained that if the Commission chooses
to adopt this agreement, it would provide the legislative authorization to pay these expenses.
City Manager Bressner commented that in other grants, these are expenses that are customarily
approved. However, they were not identified in the 2002 sub-grantee agreement.
Commissioner McCray asked whether the City had ever done an amendment before. Octavia
Sherrod, Community Improvement Manager, said that there had been an amendment to extend
a contract in the past.
VT.F. Authorize the use of $1,000 of Community Znvestment Funds to the Gulf
Stream Council, Tnc. -- Boy Scouts of America by Commissioner Ensler
Vice Mayor Ferguson and Commissioner McCray each requested that $500 of their Community
l:nvestment Funds be given to this organization. The agenda item will be changed to include
these funds.
VT.H. Authorize the Utilities Department to turn over $56,814.61 in unpaid
Utility and Refuse billings to the City's collection agency, and authorize the Finance
Department to reduce the Allowance for Uncollectible Account by that same amount
Commissioner McCray questioned what the recovery rate was. Diane Reese, Finance Director,
replied that it was no more than 5%.
VT.Z. Approve the "Serrano, a P.U.D." Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City
Engineer and Surveyor & Mapper)
Commissioner Ensler said that he would pull this item from the Consent Agenda since Roger
Saberson, the neighbor next door, has some concerns regarding flooding and has requested the
opportunity to speak at the Commission meeting. Mr. Saberson's engineer reviewed it and
indicated that there is a potential for flooding. He will not know for sure until the analysis is
complete. If he is correct, it would require a larger retention pond that could affect the site
plan.
City Manager Bressner did not believe that holding the plat up would accomplish anything.
Jeff Livergood, Public Works Director, explained that, technically, the plat is the base upon
which the site plan is built. The plat denotes where the property is and easements on the
property. It does not get specific in the location of drainage appurtenances.
Staff has not signed off on the site plan. Neither has the South Florida Water Management
District, who will be reviewing it for stormwater. Mr. Livergood said that he has spoken with
Mr. Saberson. To date, Mr. Saberson has not provided his engineer's report to staff.
2
Meeting Minutes
Agenda Preview Conference
BovntQn BePch, Florida ADril 30, 2004
City Manager Bressner distributed a staff report regarding this ordinance. A copy is on file in
the Office of the City Clerk.
XII. B.1. Proposed Ordinance Re: Proposed amendments to Chapter 2, Zoning,
Section 6. F. Mixed Use Zoning Districts
Commissioner McCray said that INCA sent a letter requesting that their property not be
included. He asked whether the City could do that.
City Manager Bressner explained that this would require a comprehensive plan amendment.
Other
Mayor Taylor announced that he, City Manager Bressner and Commissioners Ensler and McKoy
would be traveling to Washington, D.C. next Wednesday to meet with U.S. Representative Clay
Shaw. City Manager Bressner said that one of the items they would be working on was the
HUD 108 loan.
Due to a scheduling conflict, it was the consensus of the Commission to cancel the Agenda
Preview Conference on Friday, May 14th.
Mayor Taylor reported that he attended the Student Mock Commission meeting on Wednesday
and it went well.
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at :[0:40 a.m.
C~TY OF BOYNTON BEACH
ayor' '
4
._Exhibit - Agenda Preview Conf.
4/30/04
1 ST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE JUVENILE TRANSITION CENTER, INC.
THIS AGREEMENT constitutes the First Amendment to the Agreement between the
CITY OF BOYNTON BEACH (CITY) and the JUVENILE TRANSITION CENTER, INC., (JTC);
WHEREAS, City staff recommended to the City Commission approval of an Agreement for
services for Community Development Block Grant funding for JTC; and
WHEREAS, the City Commission in reliance on staff's review and recommendation
approved the Agreement by Resolution No. R03-84; and
WHEREAS, the City staff has confn-med its recommendation for funding and for amendment
to the 2002/2003 Community Development Block Grant contract to allow JTC to conform its scope of
services (Work Narrative) to conform to the work actually performed as evidenced by JTC's written
submission and thereby satisfy all conditions for receiving grant funds;
NOW, THEREFORE the parties agree as follows:
1. The foregoing WHEREAS clauses axe tree and correct.
2. Exhibit "A" Work Narrative of the Agreement between the City of Boynton Beach
and the Juvenile Transition Center, Inc., is amended to conform the description of
work to be performed by the Agency (JTC) to the documents heretofore submitted by
the JTC to the City's administrative staff. Additionally, Exhibit "A" is amended to
authorize funding of $7,500 to JTC as reimbursement for the services provided.
3. All other terms and conditions of the Agreement are ratified by the parties and shall
remain in full force and effect, including but not limited to, the
audit compliance obligations of JTC.
WITNESS our Hands and Seals on the ~ day of ,2004.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
Political Subdivision of the State of Florida
BY:
CITY CLERK MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
THE JUVENILE TRANSITION CENTER, INC.,
BY:
TITLE:
(CORPORATE SEAL)
Exhibit - Agenda Preview conf.
--' 4/30/04
EXH1'BZT A
PUBL[C WORKS DEPARTMENT
MEMORANDUM #04-052
To: Kurt Bressner, City Manager
From: 3effrey Uvergood, P.E., Director of Public Works~ L.-
Christine Roberts, Assistant Director of Public Works~~'-
Larry Quinn, Solid Waste Manager./~ .
Scott Blasie, Director, Code Compliance j~ ,~ J~ ~
Subject: OAtinance Revisions - Chapter ZO
Garbage, Trash and Offensive ¢ondJb'ons
Date: April 1, 2004
For the past six months, representatives from Public Works and Code Compliance have been
meeting for the purpose of revising ordinance provisions related to garbage and trash within
the City of Boynton Beach. We have done so for two primary reasons.
First, auditors contracted by the City's Finance Department have determined in the last two
years that the Solid Waste fund balance is in a precarious position. Auditors have found that in
each of the last two years, the expenses have nearly exceeded revenues received for the
services provided. Therefore, in addition to previous operation cost cuts, it is necessary to
evaluate sources of enhanced revenue.
Secondly, staff has found many outdated provisions within the Solid Waste Code that make it
extremely difficult for Code Compliance staff to enforce a number of provisions throughout the
community. Specifically, staff has evaluated the time frame in which bulk trash can be placed
at the curb in response to homeowner's concems about the aesthetic conditions throughout the
oty.
Z. Rate M~dificaUon Discussion
Staff has evaluated the Solid Waste rate history within the City of Boynton Beach for the past
ten years. We have found that residential rates have been maintained at $10.50 per month
since 1991. Furthermore, we find that multi-family rates have been maintained at $6.00 per
unit since 1992. With respect to commercial rates, we find that the rates assessed for
customers for front load services, i.e. restaurants and other businesses, have not increased
since 1996.
When one considers the impact of our operations on the fund balance, we must not only look at
our rate structure to evaluate our revenues but we must look at cost savings that we can
achieve through operational efficiencies. The City of Boynton Beach has been successful for the
past thirteen years in not raising residential rates. This has been primarily attributed to the City
undertaking an automated garbage collection system beginning in 1997. Since the City has
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Kurt Bressner April 1, 2004
Ordinance Revisions - Chapter 10 Page 2 of 6
become automated, we have been able to reduce our Solid Waste staff by ten employees thus
reducing our operating costs. Furthermore, we have been able to reduce the fleet size because
of the efficiency we realized by utilizing an automated fleet. Staff will note that the City is not
yet fully automated throughout all of its corporate limits and there is room for additional
economies of scale that will help to maintain a stabilized residenUal rate. DifficulUes may arise
in going to a fully automated system Citywide. Further discussion of this topic will follow later
in this report.
A. $i~_qle Family Rates
The current rate for garbage collection for a single-family home is $10.50 per month.
This includes two times per week garbage pick up, one time per week recycling pick up,
one Ume per week bulk trash pick up, and one time per week landscape waste pick up.
Staff does not propose any changes to the single-family rate and proposes that this rate
remain constant at $10.50 per month.
B. I~ulti-familv Rate
The current multi-family rate is $6.00 per month. Staff proposes to raise this rate to
$9.00 per month in order to provide additional revenue. It is important that staff justify
its rationale for a $3.00 per month rate increase. When one considers that.residential
properties are either single family or mulU-family units, by the very nature of the use,
waste disposal of the various properties will be similar. As an example, three people
living in a single-family home will generate approximately the same amount of waste of
three people living in a multi-family home. However, the primary difference is that
those residents that reside in mulU-family dwelling units do not realize the benefit of
having landscape waste collected. The property owner's associaUon in mulU-family
developments typically disposes of landscape waste. Staff has found that the cost of
landscape waste disposal is approximately $1.50 per month. Therefore, staff has
developed the proposed rate structure for a multi-family unit at $9.00 per month by
eliminating the landscape waste component from the single-family residential rate.
($10.50)
Operating costs to pick up either single family or mulU-family are approximately equal
despite the fact that single-family units are served by automated or rear load vehicles
and front-end load units serve mulU-family units. Therefore, method of pick up is
irrelevant in discussion related to fees provided to either single or multi-family units.
C. Commercial Rates
Staff is proposing a minor increase in rates for the City's commercial customers. As
noted, our commercial customers are typically those business units that have a multi-
yard front-load containers often enclosed in a walled unit. Commercial customers are
serviced by front-load trucks on designated routes throughout the City. Commercial
customers are picked up at a frequency requested by the business entity based upon
their own individual needs and waste generation.
The commercial rate that we assess our customers is based upon three very defined
components. These components include a container rental fee, a waste disposal fee,
and an operating charge.
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Kurt Bressner April 1, 2004
Ordinance Revisions - Chapter 10 Page 3 of 6
1. Rental Fee
Staff is proposing an increase in container rental fees as outlined in the proposed
ordinance revision. Staff proposes an increase in fees ranging from less than five
percent to nearly thirty percent for an eight-yard container. Staff has proposed
this increase for one reason only. We have been receiving a number of
complaints about the conditions of our front-load containers located throughout
the community. Many of our customers are asking that some of the older
containers be replaced. Because the rental charge is a direct cost associated
with providing the container, staff is proposing that we increase the rental rates.
to allow the containers to be replaced more often and thus enhance the visual
appearance of the containers. Staff will note that it is not necessary to raise this
container rental fee. We are doing so only to address a number of concerns
about complaints, as noted.
2. Disposal Fee
This charge is set from time to time by the Palm Beach County Solid Waste
Authority. This charge is passed directly on to each of our customers. In Fiscal
Year 1993-94, the direct charge was $3.08 per cubic yard. Staff does not believe
that it is appropriate to reference the disposal charge as a defined dollar amount
in the City's Code of Ordinances. Staff is proposing that the' Code of Ordinances
reference only that the charges as defined by the Solid Waste Authority be
passed on directly to the customers. At present, this charge from the SWA is
$28.00 per ton.
3. QDeratinq Char_oe
The operating charge is the cost of providing the City services. Approximately 62
percent of our Solid Waste Department costs are vested in both labor and
equipment costs. Obviously, the Solid Waste program is very labor and
equipment intensive, Staff is proposing that this rate be fixed at $3,00 per cubic
yard and is adjusted four percent annually hereafter to reflect the cost of
inflation that occurs each year when equipment costs and labor costs rise,
Once again, the attached rate charge shows a comparison between our existing
commercial charge for a four-yard container and the proposed charge for a four
yard container with comparison to rates that we found on our survey of other
nearby communities. We have selected a four cubic yard container because it is
the most common size of container used by our customers. This comparison
shows that our proposed rate is competitive between the private and public
sectors.
]:]:. Operatin_~ ]:ssues
Staff is proposing a number of other changes within the Solid Waste Code beyond the rate
structure modifications. Many of the changes proposed by staff are grammatical and structural
changes. For example, proper reference to the Public Works Director or the Solid Waste
Department has been incorporated into the code where ~3ppropriate. Furthermore, a number of
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Kurt Bressner April 1, 2004
Ordinance Revisions - Chapter 10 Page 4 of 6
exhibits such as letters have been stricken from the code because staff does not believe it is
appropriate to embed a routine staff operating function within a municipal code. Many
definitions have been clarified to provide consistency throughout all provisions of the Solid
Waste code and a number of minor changes have been made in verbiage in order to provide
better direction to Code Compliance staff as they enforce the various provisions of the code.
Each of these is fairly clearly outlined in the proposed revisions. Staff remains available to
answer any questions you may have on these minor changes.
Of the operating changes, staff believes there are two primary areas that merit discussion and
highlight for your benefit and that of the City Commission. First, we believe that it is
appropriate that the issue of automated garbage collection be raised at this time. As noted
earlier in this report, much of the cost savings in Solid Waste expenses over the last several
years have been realized by implementing automated garbage collection services. When
automated services were implemented, homeowners were provided carts and a new style of
automated garbage truck was purchased. This allowed the City to place one employee onto an
automated garbage truck compared to prior days when three people, if not more, staffed a
garbage truck for the purpose of rear-load garbage collection. When the City implemented
automation in 1997, a number of areas and/or homeowner's associations were given the choice
as to whether or not they chose to be automated. At present, we still have five primary areas
in the City that have chosen not to become automated in their garbage collection. These areas
include Nautica, Boynton Leisureville, Palm Beach Leisureville, High Point, and Pine Point.
These five areas are still being collected by rear-load garbage trucks staffed by three people.
Therefore, City costs to collect garbage are somewhat higher in these areas. We still have an
ability to achieve additional cost savings in the future thus keeping our residential rates steady
at $10.50 per month. [t is staff's recommendation that we pursue automation in these five
areas so that the remainder of the City can benefit by stable garbage rates.
Staff recognizes, however, that residents in some of these areas may still choose not to be
automated. For example, one of the arguments against automation that we heard in the
Leisureville area is that homeowners did not have sufficient room to provide indoor storage of
the City-provided carts. There is no doubt this argument will still exist by residents in both
Leisureville areas. High Point and Pine Point provide additional difficulties as well. Presently, in
these areas the residents enjoy the luxury of having their garbage stored in underground
containers. The City does not remove garbage from underground containers and relies upon
homeowner's association personnel or residents to do so in order .to expedite our timeframe for
collection and also to minimize potential injury of employees by not having to reach into the
ground to collect garbage. Nautica, located west of Lawrence Road, is a subdivision that could
easily transition to the automated system, l~n fact, we have received a preliminary favorable
response from members of the homeowner's association board about transferring to the
automated collection system. We are hopeful to have this in place within the next twelve
months. The stark real/ty is that those areas of the community that have gone automated, are
subs/d/zing the addib'onal collecbbn costs in those areas of the C/ty that have chosen not to
become automated. The cost to provide garbage collecUon services in non-automated areas is
higher than the cost to provide services in those areas that have chosen to become fully
automated, Staff is not recommending that the City mandate automation on the remaining five
areas of the community that is still not automated. Rather, staff is proposing a two-fold
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Kurt Bressner April 1, 2004
Ordinance Revisions - Chapter 10 Page 5 of 6
approach that gives members of various homeowner's associations and/or geographic areas the
following choices:
a. The homeowners in the area choose to become fully automated and they continue
to be charged the garbage rate of $10.50 per month, or
b. Should those homeowner's choose to remain non-automated, the City shall charge a
differential rate of $13.00 per month to the residents in those areas in recogniUon of
the additional cost of providing a service that differs from the remaining part of the
community.
The second item concerning operational procedures involves the timeframe for which trash can
be placed at the pavement edge for pick up. Presently, the code allows homeowners to place
garbage and other bulk trash items at the roadway edge 72 hours prior to their scheduled pick
up. Many homeowner's have chosen to place landscape waste and bulk trash items at the
pavement edge sometimes as much as three days in advance of the pick up day. As a staff, we
are receiving increased numbers of complaints from the public regarding the appearance of
their neighborhoods because some of their neighbors have placed garbage out at the edge of
the roadway at such an early time compared to the pick up date. Staff is recommending that
the ordinance be changed to allow for placement of bulk items and landscape trash at the
pavement edge no more than 24 hours in advance of the pick up day. l~n essence, homeowners
would be allowed to place these items at the pavement edge one day prior to the pick up day.
Staff does not believe that this proposed change to the code is unreasonable. In fact, many
homeowners associations have this within their association by-laws already.
Summary
City staff has proposed a number of rate changes and operating changes that will affect many
of our residents. We recognize that it is important to properly notify our public of these
changes and the rationale for same. Staff will provide letters to each of the property
management companies that service multi-family units, where appropriate, and will include
notice in water bills for the individual residents. We anticipate creating flyers, warning stickers,
and other materials in order to educate the public about the rate changes as well as the
operational changes referenced. The Public Works staff believes that we offer an outstanding
level of service to our customers. Our employees are dedicated; they are friendly; and they are
efficient. We have made changes over the past ten years that have kept residential and
commercial rates constant and we are now at a time that efficiencies cannot by themselves
maintain rates. It is essential that we consider the rate changes for commercial and multi-
family customers in order to maintain the single-family residential rate. The single-family
customer is by far our largest customer base. We are pleased that we are not proposing any
rate change for our single-family customers.
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SOLID WASTE RATE COMPARISON
April 5, 2004
RESIDENTIAL MULTI-FAMILY SERVICE
MUNICIPALITY REFUSE RATE REFUSE RATE LEVEL
Boca Raton Ad Valorem Tax Ad Valorem Tax Twice/wk - Garbage
$12.00 Side yard P/up for curbside p/up Once/wk - Recycling
$13.50/urfit for Once/wk- Vegetation
dumpster service Quarterly - Bulk Trash
City does not provide Commercial Service
Boynton Beach $10.50 $ 6.00/unit (current) Twice/wk - Garbage
$ 9.00/unit (proposed) Once/wk - Recycling
Once/wk - Bulk/Vege
4-Yard Commercial Rate ® 1 p/up per week =
$107.49/month - (current)
$119.92/month - (proposed)
Green Acres $ 5.38 $ 3.49/trait 2XPickup Twice/wk - Garbage
$ 4.60/unit 3XPickup Once/wk - Recycling
Onee/wk- Bulk/Vege
City does not provide Commercial Service
Lake Worth $14.87 $14.87 under 9 units Twice/wk - Garbage
Over nine units is Once/wk - Recycling
Billed as commercial Once wk - Bulk/Vege
4-Yard Commercial ~ 1 p/up per week =
$79.02/month
Lantana $15.00 $15.00/unit Twice/wk - Garbage
$ 1.67 (Recycling) $ 1.67/unit (Recycling) Once/wk - Recycling
Bi-weekly-Bulk/Vege
City does not provide Commercial Service
Palm Beach Ad Valorem Tax $11.50/unit Four/wk - Garbage
Once/wk - Recycling
Once/wk- Vegetation
Call In/Fee - Bulk
Commercial Service is billed as follows 5/day week/p/up:
Low Volume --- .023 per sq. foot of building
Med. Volume = .149 per sq. foot of building
High Volume = .655 per sq. foot of building
West ?alm Beach $16.00 $16.00/unit - l~t bldg. Twice/wk - G-arbage
$ 9.00/unit- 2,3,4,bldg. Once/wk- Recycling
$16.00/unit - 5e~ bldg. Once/wk - Vegetation
$ 9.00/unit - 5, 7, 8 bldg. Twice/wk - Bulk
4-Yard commercial rate ~ 1 p/up per week =
$112.00/month