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Minutes 02-24-87MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 24, 1987 AT 7:00 P.M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Ezell Hester, Councilman Ralph Marchese, Councilman Dee Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond Rea, City Attorney Mayor Cassandra called the meeting to order at 7:00 P.M. AGENDA APPROVAL Vice Mayor Zimmerman wanted to add, as the last item before adjournment, the discussion of the Council of Governments ('COG) meeting to be held in early March. The City is to submit in writing a "wish" list of items we would like them to address during the 1987-88 fiscal year. Councilwoman Zibelli moved, seconded by Vice Mayor Zimmerman, to accept the agenda as corrected. Councilman Hester asked for an explanation of the item con- cerning specialized legal services for litigation in the Court of Appeals regarding Tradewinds. City Attorney Rea said this is discussion with regard to appointing additional counsel to handle the appellate phase of the Tradewinds litigation, which is the phase we are in since the decision of the City Council at the last meeting. The idea is to employ a person who specifically deals with appellate pro- ceedings dealing with land use, planning and zoning deci- sions. The motion on the floor was voted upon and carried 5-0. Cm INTERVIEW CONSULTANTS FOR THE HOUSING STUDY OF THE COMPREHENSIVE PLAN Mr. Carmen Annunziato, Director of Planning, explained that the City is required to prepare both a housing element and population estimates for all sectors of the municipal popu- lation, including tourist and seasonal segments, as part of our Comprehensive Plan. The Council concurred with the Planning and staff recommendations to contract with our .grant monies to have the Housing Element prepared. The plan must provide for policies governing housing for all aspectS of the population of Boynton Beach, including group housing, housing for the elderly and low and moderate income housing. Our technical staff, in the form of a committee, reviewed 10 proposals which were submitted in response to an RFP - 1 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 (request for proposal) and pared the list to five con- Sultants. Five interviews were conducted, and now two firms are being considered--Plantec and Regional Research Associates. Mr. Annunziato said it is important that the consultant chosen be one the Council is comfortable with and who fully understands the issues and ramifications of poten- tial policies, as we will be required to implement them once they are adopted in the Comprehensive Plan. In response to a question, Councilwoman Zibelli was advised the amount of grant money available for this purpose is $35~000. Mayor Cassandra told about the extensive interviews con- ducted by the committee with the five consultants which were considered. 1. Plantec Ms. Jeannie Fewell, Associate Vice President of Plantec, gave background information on her firm, covering the scope of services they offer, and spoke concerning Rule 9J-5 of the Florida Administrative Code, which sets forth the requirements for the Housing Element. She told about pro- jects with which her firm has been involved which are rele- vant to the Comprehensive Plan. Plantec, which is located in Jacksonville, was founded in 1974 and is a wholly owned subsidiary of Reynolds, Smith and Hills, which has an office in Ft. Lauderdale. Their prac- tice covers real estate economics and consulting to the public and private sector. They are involved with planning, real estate development, community development, growth mana- gement, recreational development and tourism and finance; their strongest area, however, is housing. Although both firms can provide a market analysis, Ms. Fewell said Plantec can better assist with housing policy development, and they have important experience in financing options. The purpose of the Housing Element is for the local community to inventory existing housing and consider future growth. Communities are required to evaluate their housing delivery systems and to recommend policies which can be implemented and will meet their needs. The State asks that we address short term needs (5 years) in more detail than the following 5-year increments out to 20 years. A source of reliable data is the first need; the population projections will drive all elements in the plan. Plantec's population projections are accepted without question or con- cerns by the State. Ms. Fewell said the State has devoted more pages to housing than most other elements in 9J-5 and asks for more specific - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 data; that, together with a look at where the State has been putting money recently, indicates their emphasis on housing. Plantec was one of the two consultants selected to work with the State on the implementation of affordable housing legislation. Ms. Fewell described various projects with which Plantec has worked for several cities and counties in different states and also with the Florida Department of Community Affairs. She covered the tasks outlined in their proposal for Boynton Beach and discussed the backgrounds of the project team members. In response to Councilwoman Zibelli's question, Mr. Annunziato explained the requirements of Rule 9J-5. Every city must prepare a housing element; elements of the Comprehensive Plan must be consistent with the region's plan, which in turn must be consistent with the State's plan. Councilman Hester asked where funding will come from to implement the plan, and Mr. Annunziato said the Comprehensive Planning Act states that we must provide for any deficit defined in our system. Housing is a deficit which is difficult to address, for the numbers are enormous. Members of DCA to whom he has spoken seem to think the State has made a commitment and will in the future provide the funding to address the deficits which flow from the housing elements of the various plans; he said the City will attempt to be self-sufficient and will look for help in areas we cannot address. Mayor Cassandra said the question had arisen in the inter- views of Plantec's experience in obtaining funds for their recommendations; he said we need policies which can be implemented. City Manager Cheney asked for further comments on linkage and leveraging. Ms. Fewell told about commit- ments they have assisted cities in obtaining from lenders in the community to rehabilitate structures identified as deteriorating or substandard; this doubled the cities' funds. She said they are aware of funding sources and have brought funds to communities. The example of farm worker housing for Monroe County, Florida was cited. ouncilwoman Zibelli asked if Ms. Fewell has reviewed oynton Beach's Comprehensive Plan and toured the City; she nswered affirmatively and indicated there is need for a ehab program in the downtown area and we have opportunities in terms of vacant lots. In response to Mayor Cassandra's question, Ms. Fewell said heir team would be located in Jacksonville, would be here for a number of days at a time and have access to the parent company's Ft. Lauderdale office. - 3 - "MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 Mr. Annunziato asked, when Boynton Beach reaches a 50,000 population and is entitled to leave the urban county designation of Palm Beach County, will it be advantageous to do that? Ms. Fewell said they would work with the City to learn from HUD what the projected entitlements would be in order to make the decision. On the national level, there is a proposal to revise the formula for distribution of funds, so smaller communities would be cut out. One option might be to remain with the County but negotiate a better deal with them in terms of funds coming to the City. There was further discussion of funding possibilities. Ms. Fewell thought Plantec could have the Housing Element completed by July 1, 1987 if they started right away. Vice Mayor Zimmerman asked what type of special housing the elderly need, and Ms. Fewell said it could be group homes, owner-occupied homes, adult congregate living facili- ties, which may be rentals, and some type of health care may be involved. Mayor Cassandra asked if local or county housing authorities function better, and Ms. Fewell said any housing authority needs a certain number of units to operate without subsidy. If the number available is too small, they will not receive enough subsidy from the Federal Government and their operation would have to be subsidized locally. Mr. Cheney said, after the Council selects a consultant to employ, the details of the contract will be worked out and brought back to the Council for final approval. Mayor Cassandra announced a short break, and the meeting resumed at 8:15 p.m. 2. Regional Research Associates Mr. Dean Turney, Vice President of Regional Research Associates, said he will be serving as Project Coordinator. The firm, which has offices in West Palm Beach, was founded in 1978. He has been involved with housing-related programs for Palm Beach County, a large part of which included grant preparations, and served on the County Planning Commission. Currently, their firm is working on the preparation of four Housing Elements under the new planning act and they have prepared 14 comprehensive plans in the State of Florida under the old act. Mr. Turney said his firm was involved with the market analysis for Boynton Beach's downtown rede- velopment plan, and he told of other projects in which they have been involved. The County Property Appraiser's files are on their computer system. After data has been gathered and evaluated, policies can be developed for the City. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 Mr. Bill Finley was introduced to further explain the propo- sal submitted by Regional Research Associates. He told of his efforts to improve the quality of housing in local com- munities. He believes, in order to eliminate substandard housing, the City needs a combination of statistical analy- sis, understanding of the scope of the project and a prac- tical set of actions to bring about that condition. Mr. Finley thought more of the responsibility for public housing will be passed down from the Federal to state level of government, and the question remains of who will pay for this and how. Mr. Finley described housing projects he has worked With in Belle Glade, South Bay and Pahokee and explained how Palm Beach County pledged $10,000,000 to match private funds to build new housing for low and moderate income families and also created an 18 person task force on affordable housing, of which he was Chairman. An 800 square foot unit in those projects cost approximately $40,000. Mr. Finley said the answer to funding is not in the cost but rather on the sub- sidy side; he explained how the formula had worked success- fully in the Glades. He mentioned how banks can be brought into projects and said we should go after what federal funds there are available. A formula is required that reduces the city's contribution to a negligible amount. Unless the County is drastically cut, Mr. Finley said the $450,000 Boynton Beach has been receiving annually from the County can be increased if we have an agressive, identifiable program and are willing to commit those funds to a housing program. Rather than use those funds for other capital improvements, they could be levered into more funds--State and private. What the City of Boynton Beach needs, according to Mr. Finley, is a consultant to give a clear and understandable analysis of the problem and a set of solutions that are workable. Mr. Cheney asked Mr. Finley to reiterate what he had said might happen to housing along the east coast of Florida be- tween 1-95 and the Intracoastal Waterway. Mr. Finley said there is a strip of somewhat old and slightly rundown neigh- borhoods running from Delray Beach to Jupiter on both sides of the railroad; this was the oldest and cheapest housing built. Mr. Finley said that in most parts of the country housing stock is in such demand in good locations that middle and upper income people move into a neighborhood and fix it up, while the relatively poor people who have lived in that housing are pushed out to other neighborhoods. That is not - 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 happening here except in a few isolated instances; those houses do not have the appeal for middle and upper income families to move in and fix them up. Upon analyzing popula- tion growth for Palm Beach County, the Task Force concluded that 40 percent of the people who will be moving here to meet the economic demands of our community will have incomes of $15,000 pe.r year and less. They will migrate to the worst housing, causing the neighborhoods to decline further and become overcrowded unless something prevents that from occurring. Mr. Finley said the City, with whatever help it can get, needs to improve those areas through creative and imaginative programs which will eliminate overcrowding and an excessive number of parked cars per unit and encourage property maintenance and standard conditions. That is the task in a city such as Boynton Beach in the middle of this belt. Mr. Annunziato asked questions of Mr. Turney concerning work in which Mr. Finley has participated for Regional Research Associates and about the results of studies the firm has conducted. Mr. Turney said he has headed several housing standard surveys, and he would do this for Boynton Beach with the assistance of staff. Mr. Annunziato asked further questions about their identity, skills and experience. Mr. Finley said he would set up the criteria to ensure the sur- vey results are accurate and understandable. Mr. Annunziato asked, assuming the City is not able to write down development costs, what would be proposed for Boynton Beach. Mr. Finley explained the meaning of "writing down" and said he thinks the County can respond if Boynton Beach has an agressive, high-profile program; he also thinks the State will participate and there are still Federal funds and the tax credit program, which brings private funds. Mr. Finley thinks the Federal Government will largely but not totally abandon the housing program; the State pledged $5,000,000 under its Affordable Housing Act and the proposed budget for that department this year is $19,000,000. He said the localities and counties that are ready to act soonest will receive the money. Vice Mayor Zimmerman asked about information received from the Property Appraiser's office, and Mr. Turney explained. Mr. Cheney said the City now has obtained the same infor- mation but has not yet worked with it. In response to Mayor Cassandra's question, Mr. Turney estimated eight months would be sufficient to complete the Housing Element; in addition, as part of the contract, they would like to work with the City for one year longer to help in implementing the program. They would provide technical assistance and help arrange public meetings and presentations. - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 Mr. Finley said he does not think the City wants just another report to send to Tallahassee but rather a process that will improve the housing situation; the analysis is only the first step. He said his firm is offering ongoing participation for a year, or longer if necessary. Mayor Cassandra said this item will be placed on the City Council meeting agenda for Tuesday, March 3, and a decision should be made at that time. DISCUSSION CONCERNING SPECIALIZED LEGAL SERVICES FOR LITIGATION IN COURT OF APPEALS - RE: TRADEWINDS (Requested by Special Counsel Kirk Friedland and City ~ttorney Raymond Rea) City Attorney Rea said we are now dealing with a number of complex legal issues at the appellate level, and generally the best course to take is to divide the responsibility in a team type of format. He suggests employment of a law firm to handle the appellate phase of this litigation. He con- tacted the firm of Siemon, Larsen & Mattlin; Charles Siemon and Fred Mattlin are among the most prominent zoning and planning attorneys in the state and even the country. The firm represents governments almost exclusively with regard to land use, planning and zoning decisions. They recently represented Palm Beach County successfully in a number of pieces of litigation in the 4th District Court of Appeals. Some of those cases are similar to what is before the City of Boynton Beach now. Attorney Rea provided the Council with a copy of a letter from Fred W. Mattlin regarding the representation and a resolution authorizing the Mayor and Clerk to execute a contract between the City and the law firm. Their hourly rate is between $75 and $125. Councilman Marchese asked if Attorney Rea will keep the Council apprised of what is going on in every phase of the suit, and he replied that he will try to coordinate the legal counsel, but there are only a few more hearings before the Circuit Court. When we are in the appellate stage, we will be writing briefs, conducting research and waiting for the Court to make a decision. Councilwoman Zibelli requested an update on the amount spent for legal fees in the Tradewinds litigation so far, and Mr. Cheney said he will provide that information. ~ayor Cassandra clarified that this request has also come from Kirk Friedland because of the need for more assistance. He asked if Attorney Friedland will be actively involved in - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 this, or is he being phased out. Attorney Rea said Attorney Friedland will be coordinating the information flow between the City and the attorneys. He said the Qpposing side is taking a classical approach in dealing with a case of this magnitude, and from the legal point of view, the most effec- tive and efficient way to handle it. They have divided the workload among people with a variety of specialties. Vice Mayor Zimmerman thought our opponent is almost forcing us to do the same thing. Attorney Rea said their methods are what any good legal team would do; they are using the best legal strategy money can buy and we would be at a disadvantage if we did not do likewise. Proposed Resolution No. 87-J iAttorney Rea read proposed Resolution No. 87-J by title ilonly: !"RESOLUTION OF THE BOYNTON BEACH CITY COUNCIL APPROVING AN iAGREEMENT. BETWEEN THE CITY OF BOYNT~N BEACH AND THE LAW FIRM ilOF sIEMON, LARSEN, MATTLIN & PURDY. iiVice Mayor Zimmerman moved, seconded by Councilman Marchese, Ito adopt proposed ResOlution No. 87-J. Mrs. Boroni took a roll call as follows: Councilwoman Zibelli - No Mayor Cassandra - Aye Vice Mayor Zimmerman - Aye CouncilmanlHester - No Councilman Marchese - Aye iThe motion carried 3-2. In answer to Councilman Hester's question, Attorney Rea said he is not required to sign the resolution to which he is opposed. Discussion of Council of Governments Meeting - March 4, 1987 Vice Mayor Zimmerman said~COG will meet in Delray Beach on Wednesday, March 4, and Commissioner Dorothy Wilkin Wants in writing a list of items this Council would like to have brought up at various meetings during the 1987-88 fiscal year. He suggested that ideas be presented to the City Manager, who said his staff has been thinking about this and can sum it up by the next Council meeting; the list will be readY to take to the meeting wednesday. Mayor Cassandra asked if road construction could be inclUded, and Councilwoman Zibelli suggested housing. There was - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1987 discussion as to whether the topics should be listed by priority. Child Care Center Councilman Heater requested an update on the Child Care Center by the City Manager for the next Council meeting. Mr. Cheney said he can give a brief update now. He said Mr. Morton Goldstein, based on his involvement with the County Community Action Council Advisory Committee and his knowledge from working with day care centers, has asked that we consider amending the plans and making the building larger. He suggests doing that now rather than waiting until it is done and adding on. This will mean additional architectural work and putting the project out to bid. To put it out for bid for construction, detailed architectural plans and specifications are needed. Mr. Cheney said he talked with Mr. George Davis, who has been an almost-free architect for the child care center for 20 years and assured him that, if he wished to continue on the project, he might receive his first fee. He replied that he would prefer not to be further involved. An archi- tect has been identified with interest in the project, and he is expected to call back tomorrow. The Child Care Board will choose the architect and obtain a set of plans which we can use for public bid. The City would supervise, construct and pay for the pro~ect. Mr. Cheney said he will indicate to the Council any progress with the architect at the Council meeting Tuesday night, and will continue to keep them apprised of the status of the Center. Councilman Marchese spoke in favor of building this project properly now, as it would cost much more to redo it later. ADJOURNMENT Vice Mayor Zimmerman moved, seconded by Councilwoman Zibelli, to adjourn. The meeting was adjourned at 9:20 p.m. CITY OF BOYNTON BEACH, FLORIDA ~/~ ~ ~P~/~ ~ Mayor - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ATTEST: Recording Secretary (Three Tapes) FEBRUARY 24, 1987 ~~ .~~, ~~~unci m~- - - Councilwoman - 10 -