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Minutes 02-28-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 28,2006, AT 7:00 P.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager Jamila Alexander, Assistant City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Dr. Marshall Cook - Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy Mayor Taylor called the meeting to order at 7 p.m. followed by an Invocation given by Reverend Dr. Marshall Cook and the Pledge of Allegiance to the Flag led by Vice Mayor McKoy. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Ferguson moved to approve the agenda. Commissioner McCray seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray remarked the positive publicity in the Palm Beach Post relating to the Boynton Beach Police Department was a breath of fresh air for the City. He commended the Boynton Beach Police Department and the Palm Beach Post for their input. Mayor Taylor commented the Boynton Beach Police Department makes arrests when crimes are committed and he hoped the community was aware of that fact. Vice Mayor McKoy commended the Police Department also and noted the four targeted areas of concern being studied by the County Criminal Justice Commission did not include Boynton Beach. Commissioner McCray added there are currently no vacancies in the Police Department and a waiting list has been initiated. Commissioner Ensler commented on affordable housing and indicated the questions being asked of him included the following: 1 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 ./ Is there enough affordable housing? ./ Where is affordable housing needed? ./ What is the need for affordable housing? ./ Who is the target group to receive affordable housing? Commissioner Ensler indicated he would be reluctant to use taxpayer money to approve affordable housing until the need had been established. A county wide study has been commenced and should be available soon, according to Mayor Taylor. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: None B. Community and Special Events: C. Presentations: 1. Proclamations: a. Red Cross Month - March 2006 Mayor Taylor read the Proclamation for American Red Cross month and presented the Proclamation to Bill Field, a volunteer with the local Red Cross. Mr. Field thanked everyone for their support. 2. Presentation by Leon (Rocky) Joyner, The Segal Company, the City's Pension Consultant of their review of the City's three defined benefit retirement plans. Leon Joyner explained the history of The Segal Company and their work around the country. His report was a comprehensive analysis of the pension programs and system. Four areas were examined. 1. Review of the general management of the plan including the long term stability. 2. Review of the current benefit structure for each plan. 3. Review of the assumptions and methodology used to determine contribution rates and to value the plans. 4. Review the current drop features in the plan. Mr. Joyner speculated one of the reasons for the review was the increase in contribution rates and the decrease in the funding percentage over the last few years. He noted three elements in the pension plans directly affected the funding position and discussion followed. 1. Investment returns since the year 2000 were below the assumption resulting in staggering investment losses. 2 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Commissioner McCray inquired if any of these losses could have been foreseen. Mr. Joyner stressed it would be extremely difficult to have predicted such an investment loss. Commissioner McCray further inquired if the plans should have been reviewed every six months to have limited some of the loss. Mr. Joyner contended the boards do monitor the plans on a quarterly basis and the minutes reflect the boards had proceeded with due diligence in monitoring the investments. Recovery is in process, Mr. Joyner announced. Commissioner Ensler pointed out the recovery has been larger contributions from the City to compensate for the losses. Preventing another increase in the City's contribution was Commissioner Ensler's concern. Mr. Joyner explained a method of smoothing assets spreads the loss over five years. Maintaining the current return will allow the contribution rate to level out going forward, but at a higher contribution rate. Commissioner Ferguson inquired if a defined contribution plan would ameliorate the City's present situation. Mr. Joyner agreed it would change the City's situation. Mr. Joyner reported all the losses have been fully recognized and continued with the elements affecting the pension plan. 2. Salary increases greater than expected. Salary increases affect the bottom line of the pension plan increasing the liability and cost of the plan proportionately. 3. An early retirement incentive program (ERIP) contributed to the increased funding of the plan. All three elements now being fully funded in the plan, going forward, the plan costs should level at its current rate if the assumptions remain true. The assumptions are reasonable based on the data given to the consultants. Mr. Joyner recommended no changes to any of the plans, not based on the past five years, but going forward based on the Actuarial Standard of Practice #25. Lowering the rate for the General Employee Pension Plan to 7.5% would build some conservatism into the system, but the lower rate is not demanded based on the facts. The 8.5% for Police and Fire is on the high end. It must be viewed in light of higher salary scales and inflation for an economic mix of assumptions. Mr. Joyner recommended the three boards ask the investment consultants to study the rates and assumptions on which the rates are based including any mitigating factors. Mr. Joyner also suggested a detailed experience review of all data would be appropriate also. In response to Commissioner Ferguson's question, Mr. Joyner pointed out defined contribution plans offer no triggers for retirement, no movement toward career development. Defined benefits plans have steering mechanisms for employee retirement. The structure of the plans should dovetail with the needs of the City to supply the services the taxpayers need. Defined contribution plans lower the pension costs but the salary costs are much higher because there are no incentives for retirement. The current trend is a hybrid between defined contribution and defined benefit with a base benefit and additional defined contribution element. The DROP program fulfills that structure. Commissioner McCray commended Mr. Joyner for his thorough report and Mayor Taylor thanked Mr. Joyner for his presentation. 3 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Mr. Bressner advised the presentation would be given to all three pension boards and the report's recommendations would be taken into consideration for further action by the boards. IV. PUBLIC AUDIENCE: Herb Suss, Quail Run, announced on March 4th a CERT program would be offered at Rolling Green, demonstrating the skills learned during training on emergency response. He invited the public and Commission to attend. Mayor Taylor explained the CERT teams are volunteers who are very helpful during the hurricanes and stressed volunteers are welcome and needed. Harry Woodworth, 685 NE 15th Place, spoke as a concerned citizen, about the recent Community Redevelopment Agency meeting and the consultant's report indicating 20,000 more units would be needed to support the commercial development. Mr. Woodworth speculated the plan was to take private property to fulfill the need for more units and economic development. He did not feel the needs of developers and the need for tax monies should determine property rights of individuals. He suggested development should occur as a result of private negotiations, not eminent domain. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 I Ensler Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 Tabled (2) II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 Tabled (2) Ensler Cemetery Board Alt 1 yr term to 4/06 II McCray Code Compliance Board Alt 1 yr term to 4/06 I Ensler Code Compliance Board Alt 1 yr term to 4/06 Tabled (2) III Ferguson Education Advisory Board Alt 1 yr term to 4/06 I Ensler Education Advisory Board Reg 2 yr term to 4/07 Tabled (2) II McCray Education Advisory Board Reg 2 yr term to 4/06 Tabled (2) IV McKoy Library Board Alt 1 yr term to 4/06 Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 Tabled (2) Mayor Taylor announced the appointments and re-appointments for the upcoming Board would be made at the April 4th meeting. Applications should be submitted as soon as possible. 4 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview - February 17, 2006 2. Regular Commission Meeting - February 21, 2006 Commissioner McCray pulled item A.2 for discussion. 3. Commission Workshop - February 22, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Approve a piggyback of Palm Beach County Bid #06-034B to contract with Tanner Industries of Southampton, PA with an estimated expenditure of $22,800.00. Commissioner McCray pulled item B.1 for discussion. 2. Approve a piggyback with Broward County on Bid # H5 04 098B; Asphalt Restoration to Colonna Asphalt Restoration, Inc. of Pompano Beach, FL. in the amount of $84,122.00. C. Resolutions: 1. Proposed Resolution No. R06-054 RE: Approving Task Order No. U04-14-02 for Mathews Consulting, Inc., for the purposes of developing the supplemental Phase 1 Reclaimed Water System Plan in the amount of $42,490.00. Commissioner Ensler pulled item C.1 for discussion. 2. Proposed Resolution No. R06-055 RE: Approving and authorizing the purchase of property owned by Mary Reed, located at 147 NW 10th Avenue for the price of $200,000.00. Commissioner McCray pulled item C.2 for discussion. 3. Proposed Resolution No. R06-056 RE: Approving and authorizing execution of an Interlocal agreement between the City and the Community Redevelopment Agency (CRA) for land acquisition in the Ocean One Project. Costs to be paid by the CRA. 5 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 4. Proposed Resolution No. R06-057 RE: Approving and authorizing acquisition of Commercial Condominium Units designated as Parcels 101, 102, 104 and 209 within First Financial Plaza in the Ocean One Project with possible eminent domain for public parking, as needed and confirmed by the City Commission. Commissioner McCray pulled item C.4 for discussion. 5. Proposed Resolution No. R06-058 RE: Approving the Traffic Enforcement Agreement between the City of Boynton Beach and The 300 Property Owners Association (The Meadows). 6. Proposed Resolution No. R06-059 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the Community Redevelopment Agency to utilize the City's health benefit plans. Commissioner McCray pulled item C.6 for discussion. 7. Proposed Resolution No. R06-060 RE: Approving and authorizing extending "Lake Diving Contract/Nine Lakes at The Links at Boynton Beach Golf Course" with Birdie Golf Ball Company for an additional year at the same terms and conditions as the original contract generating $3,000 in annual revenue. 8. Proposed Resolution No. R06-061 RE: Approving the City of Boynton Beach designating the Boynton Symphonic Orchestra as a City activity with no liability. D. Approve establishing an Audit Committee comprised of Bill Mummert, Director of Financial Services, Bobby Jenkins, Assistant Director of Financial Services and Mary Munro, Assistant to the Director of Financial Services for the purpose of recommending a CPA Firm to conduct the annual audit of the City's financial statements. E. Approve payment in the amount of $118,250.00 for annual software technical support and maintenance from Sungard, H.T.E. Inc. for the period of January 1, 2006 through December 31, 2006, from LT.S. Account #001-1510-513-46-91 (Software Maintenance) F. Authorizing Commissioner Ensler to contact the School District on behalf of South Tech regarding the school's FCAT rating. 6 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Motion Commissioner Ferguson moved to approve the consent agenda with the exception of those items pulled for discussion. Vice Mayor McCray seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: A. Minutes: 2. Regular Commission Meeting - February 21, 2006 Commissioner McCray inquired if everyone had an opportunity to review the minutes in light of having two meetings back to back. No concerns were expressed. Motion Commissioner McCray moved to approve item V1.A.2. Commissioner Ferguson seconded the motion. The motion passed unanimously. B.1. Approve a piggyback of Palm Beach County Bid #06-034B to contract with Tanner Industries of Southampton, PA with an estimated expenditure of $22,800.00. Commissioner McCray requested further information relating to the $7,800 increase in cost. Mr. Bressner responded the increase reflected the increased cost of commodities. Bill Mummert, Director of Financial Services, reported the contract was for the purchase of ammonia for water treatment plants used for disinfection purposes. The increase is reflected in the price per pound. Motion Commissioner McCray moved to approve item VLB.1. Commissioner Ferguson seconded the motion. The motion passed unanimously. C.1 Proposed Resolution No. R06-054 RE: Approving Task Order No. U04-14-02 for Mathews Consulting, Inc., for the purposes of developing the supplemental Phase 1 Reclaimed Water System Plan in the amount of $42,490.00. Commissioner Ensler pointed out, if approved, the project would save 500,000 gallons of water a day~ bcing 2.5% of totJI USJgc. This is part of the $20 million investment for a 2 million gallon a day return per the Mathews report. On the other hand, the cost for completing the project would be approximately $2M. His concern was the ratio between the cost and savings on usage. Commissioner Ensler summarized his interpretation of the Mathews report. He concluded the better use of taxpayer money would be to spend $10M to save seven million gallons in the western part of the City instead of the Mathews proposal. Kofi Boateng, Director of Utilities, presented a slide presentation. He explained reclaimed water was treated waste water used for purposes other than human consumption. The scope of work 7 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 in the Task Order would address the concerns previously outlined by Commissioner Ensler and provide a concrete cost evaluation. The alignment chosen targets the highest density of commercial and residential users using the greatest amount of potable water. The same area has the highest use of ground water for irrigation purposes. If the use of ground water could be minimized the load placed on the east well fields would be lessened. Mr. Boateng pointed out the goal of Phase I is to reduce potable water consumption for irrigation and fully utilize the existing system along the coastal zone, which will assist in obtaining grant funding. He summarized, the new plan would reduce short term potable water consumption, aid in reducing direct irrigation demands in the east well field and provide less expensive irrigation alternatives for current potable water users. The original plan was not aimed at saving cost for future years. Commissioner Ensler maintained the proposed plan would cost more to save less water. Mr. Boateng pointed out the Mathews report was only a preliminary report that was modified to bring the alignment through areas with the highest density of commercial and residential customers. Commissioner McCray felt the cost was justified. Commissioner Ferguson mentioned the outflow would also be reduced and the ultimate goal to reach the barrier islands would be further implemented. Motion Commissioner Ferguson moved to approve item Vr.c.1. Commissioner McCray seconded the motion. Mayor Taylor added the cost of purchasing land for rights-of-way in the west would be a costly factor also. Vote The motion passed 4-1. (Commissioner Ensler dissenting.) C.2 Proposed Resolution No. R06-055 RE: Approving and authorizing the purchase of property owned by Mary Reed, located at 147 NW 10th Avenue for the price of $200,000.00. Motion Commissioner McCray moved to approve item Vr.C.2. Commissioner Ferguson seconded the motion. The motion passed unanimously. CA Proposed Resolution No. R06-057 RE: Approving and authorizing acquisition of Commercial Condominium Units designated as Parcels 101, 102, 104 and 209 within First Financial Plaza in the Ocean One Project with possible eminent domain for public parking, as needed and confirmed by the City Commission. Commissioner McCray requested the Community Redevelopment Agency clarify why the parcels were needed and the timetable to be set. 8 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Lisa Bright, Community Redevelopment Agency Director, related the item should be tabled and returned to the Community Redevelopment Board. The public parking component had to be defined. Mr. Bressner explained the importance of the public parking element was to establish the relationship for public benefit. Motion Commissioner Ferguson moved to table item VI.CA to April 4th. Vice Mayor McKoy seconded the motion. The motion passed unanimously. C.6 Proposed Resolution No. R06-059 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the Community Redevelopment Agency to utilize the City's health benefit plans. Commissioner McCray requested confirmation the agreement was only for health benefits and did not include retirement/pension benefits. Ms. Bright confirmed. Motion Commissioner McCray moved to approve item VI.C.6. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None. IX. CITY MANAGER'S REPORT: (Moved at request of City Commission) A. 2005 Hurricane After-action Report and Recommendations Mr. Bressner reported the response to the storm event was very good and much was learned from the event. The issues that came to light from the 2004 season were corrected and did not reoccur. The constant over the last two years was the water system held, a major boost for the City and the citizens. His first recommendation was to lobby Palm Beach County for a Point of Distribution (POD) site to be established in Boynton Beach preferably with two smaller sites to service both sides of I-95. The second recommendation was for a bigger generator to restore power and service to City Hall in a more timely manner. Plans were being made to relocate the Emergency Operation Center, rated for a Category 5 storm, from the east water plant to a new facility to be built at the southeast corner of the intersection of High Ridge Road and Gateway Boulevard. The next recommendation encompassed those families and persons "at risk" who are unable, for a host of reasons, to maintain themselves for an initial period of three to five days. The role of the City should be to facilitate individualized response mechanisms to be shared by the City, the faith based community, homeowners' associations, Community Caring Foundation and other volunteer agencies to network the resources necessary. Both the Neighborhood Services Department and the Community Relations Board should be tasked with the responsibility to coordinate these efforts and identify the areas and persons in need. Mr. Bressner suggested the effort be organized in advance of the storm season. He emphasized although the City has a 9 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 leadership role for providing the services, it is not totally responsible as the end provider of the services. Commissioner McCray suggested more minority companies be utilized for debris pickup. Mr. Bressner's fourth recommendation was to improve the functionality and use of the AM emergency radio and other communication methods. The City shouid have more updates and include an ITS member embedded at the Emergency Operation Center. The written hurricane updates should be sent out twice daily and delivered to as many areas and locations as possible. The Fire Department and Police Department managed to keep the call center functioning; however, when crucial elements fail, a redundant possibility should be in place such as handheld radios. An alternative location for the communication personnel will require more internal discussion before a decision can be made. With regard to traffic signals and traffic control, Mr. Bressner recommended approaching Palm Beach County to allow the City to access the signal gear to turn the signals back on as power is restored. This would be a pre-approved protocol with the County to address any liability issue. Mr. Bressner addressed the issue of establishing standby power for stores and gas stations. He recommended the legislative process regarding the issue be closely monitored. He commended the facilities that were able to find ways to provide power. Another suggestion was to increase the City Manager's authorization limit to $200,000 during a declared emergency and for six weeks thereafter. Almost the entire $100,000 allotted was spent this past year. It also would be helpful to proactively obtain key contracts for restoration on a retainer basis to assure immediate response from contractors, such as fence contractors, carpenters, roofing contractors. Increasing the number of generators for standby power to lift stations was another area for improvement. More generators were being purchased and the effort needs to be ongoing, although great strides have been made in this area. All master lift stations now have generators and the secondary lift stations also have generators along with the critical lift stations. Mr. Boateng added a contractor had been contacted for rental of additional generators during the hurricane season. Lastly, working with the larger homeowner associations to develop their own emergency operation plans was recommended. The City needs to work with the associations to develop their governing structure during declared emergencies to make communications more efficient. Mayor Taylor announced the County had distributed a plan for communities that wish to develop their own emergency operating system plans. Mr. Bressner commended the staff on their efforts and Chief Bingham for the comprehensive report. 10 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 B. Capital Improvement Budget Review Jeff Livergood, Director of Public Works talked about an interim analysis of the Capital Improvement Program for this fiscal year and the next four fiscal years. A panel of 12 staff members continually evaluates the Capital Improvement Plan and attempt to marry the needs of the City to the capital improvement budget. He noted the hurricanes have played havoc with construction costs and limited supplies and labor force throughout the country. Low interest rates have also fueled the private development industry and compounded the shortages. These factors resulted in cost increases for the Library and the Wilson Center. Corrections have been necessary in the 2005-2006 budget, so accurate projections can be made for the 2006-2007 budget and future years. The source of revenues to fund the increases for the proposed projects has also been hard to predict. The team identified $1.1M of projects that could possibly be deferred or eliminated over the next five years with goal of having a positive balance in the program at the end of the five year program. Maintaining the existing infrastructure was a priority along with meeting the goals and desires of the Commission and the community. Commissioner McCray questioned if the sale of Fire Station #2 was appropriate at this time in light of the scarcity of land within the City. Mr. Livergood cautioned the Commission that the building and property had not been maintained very well over the last few years. It was decided to postpone the sale and defer any maintenance expense until further evaluation of all options. Commissioner McCray also inquired if the Boynton Inlet study had been completed. Mr. Bressner speculated the study would be completed this fiscal year or the very beginning of next fiscal year. Mayor Taylor added the funding had come from the South Florida Water Management District. Commissioner McCray asked if the new roof for the Library related to the existing facility and Mr. Livergood responded the monies had to be added into the budget to make the repairs. Commissioner McCray was in favor of keeping the monies for the Veterans Memorial in the budget. Commissioner Ensler noted the monies to improve the Veterans Park had been pushed out beyond the year 2010. He felt, in light of the redevelopment downtown, the park should be developed as soon as possible for the sake of the World War II veterans. Mr. Livergood pointed out the project was new and not reflected in the 2005-2006 budget. Motion Commissioner McCray moved to retain the $30,000 for the Veterans Memorial in the 2005-2006 capital improvement budget. Commissioner Ferguson seconded the motion. The motion passed unanimously. Mr. Livergood suggested some monies should be placed in a future year's budget to identify the need for the park and the scope of any park improvements. Commissioner Ensler felt monies should be allocated in next year's budget to build the park and monies allocated in this year's budget for the design work. Discussion followed regarding the placement of the memorial in the park and possible improvements for the park. 11 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Motion Commissioner Ensler moved to approve the eternal flame memorial site for the northwest corner of Veterans Park located at the northeast corner of Ocean Avenue and 4th Street. Commissioner McCray seconded the motion. The motion passed unanimously. Motion Commissioner Ensler moved to allot $20,000 for preliminary design work for development of the balance of the Veterans Park. Commissioner McCray added the words, "not to exceed $20,000" and seconded the motion. The motion passed unanimously. Motion Commissioner Ensler moved to budget $80,000 in the next fiscal year budget for development of Veterans Park. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner Ensler addressed the budget item relating to the club house at Intracoastal Park. He questioned the proposed use of the building in relation to the size of the building. Mr. Livergood commented the original concept was to replace the Royal Palm Club House. The project evolved into a two story, waterfront facility to be multi-functional for private or public use. Mayor Taylor and Commissioner McCray agreed the intent was to simply replace the club house that had been demolished over in Royal Palm. Herb Suss, Quail Run, felt the Intracoastal Park building should be tabled in view of the fact other Districts do not have as many public facilities as District II that has several projects available. Jeff Silver, Unit 141, The Harbors, and President of the Homeowners' Association for The Harbors next to Intracoastal Park, contended not enough planning had gone into the Intracoastal Park Club House. The proposed building is much larger than the building that had been torn down and the impact of a larger facility on other community resources had not been considered. Mr. Silver also mentioned the safety issues relating to more police calls and parking limitations would create a hazard. He contended the size of the proposed building would destroy the view of the Intracoastal for all other users of the park and other alternatives should be considered. Mr. Silver also felt the cost of the project was excessive. Mr. Bressner noted this was not the Public Hearing section of the agenda on the Intracoastal Pavilion and suggested Mr. Silver remain at the meeting and make his comments at that time also. Cliff Lloyd, 140 Harbors Way and Vice President of the Harbors Homeowners' Association, felt there would also be problems with trash and noise generated from a larger facility along with traffic concerns. He suggested restrictions and conditions be imposed on any use of the facility to control cleanups and to add police patrols. Merv Timberlake, 114, The Harbors, reported the Park experiences heavy use on the weekends and additional users will not have parking spaces. He did not feel this was the best location for the project and will waste a beautiful view of the Intracoastal if the facility is built at the proposed location. 12 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Stan Nitkowski, 670 NE 15th Place, pointed out the park was in existence prior to the homes being built at The Harbors. He noted there is a tall wall separating The Harbors from the park and there is Code Compliance and Police to enforce the rules and the law. Commissioner McCray remembered there were construction and safety issues when The Harbors were being built and those problems were solved as will the issues raised now. Mayor Taylor did not think the park was a passive park, rather an active park. He felt strongly that promises had been made to replace the club house that had been demolished and the promise should be kept. Wilfred Hawkins, Assistant City Manager, stressed staff in the Recreation Department are the experts in maintaining the City's parks in an efficient manner. Parameters can be set and procedures put in place to carefully monitor the use of the building. Motion Mayor Taylor moved the Intracoastal building remain on the budget as presented. Commissioner McCray seconded the motion. The motion passed unanimously. Motion Commissioner Ensler moved the sale of Fire Station #2 be removed from the budget at this time so the alternatives can be evaluated. Commissioner Ferguson seconded the motion. The motion passed unanimously. Discussion on the Old High School revealed any monies allocated for the project are reimbursed by the Community Redevelopment Agency so there is no impact on the budget figures. Commissioner Ensler requested clarification on the allocation for the Boundless Park including a status update on the Park. Mr. Bressner explained most of the revenue would be generated from outside the City not impacting the budget figures. Commissioner Ensler suggested the budget reflect the total cost and total revenue as the same. Mr. Bressner agreed. Mr. Bressner advised the 7th Avenue Park deferral was a result of the Heart of Boynton Homeowners Association meetings and the budget shows the project targeted for the 2010 budget. Motion Commissioner McCray moved to approve the 7th Avenue Park for this fiscal year. Vice Mayor McKoy seconded the motion. Further discussion revealed tabling the matter would be a better approach at this time. Motion Commissioner McCray moved to table the ih Avenue Park project. Commissioner Ferguson seconded the motion. The motion passed unanimously. In relation to the revenue, Commissioner Ensler understood the bond issues would not affect the millage rate. Mr. Bressner concurred for capital construction it would not. However he cautioned the fire assessment fund carried personnel currently paid from that fund who will transfer to the general fund base. There could be a secondary impact on the millage rate to cover the transfer of fire personnel. The debt service for the capital construction does not 13 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 come from property tax, rather public service tax. Mr. Bressner explained it does put extreme constraint on future capital projects. Mr. Bressner further noted the revenue projections for the public service tax are very conservative and growth could prompt additional revenues. The major items and the funding would be completed by 2015. Mr. Bressner emphasized the policy issue of when the second bond issue would be appropriate would be vested in a future Commission and could be considered as early as 2007. Bill Mummert, Director of Financial Services, estimated the other bond issue would be a decision for 2009. The design work for Fire Station #5 would not be part of the bond issue. Mr. Livergood asked for direction from the Commission on their vision for the Police Department and station. He related a Task Order will be on the next agenda for the design of Fire Station #5 at the High Ridge Road location. An integral part of the design for the Police station is if the High Ridge site can accommodate the Police, Fire, stormwater, circulation and the parking needs. An initial expenditure of $40,000 to $50,000 in design work will reveal if the site can accommodate the needs. Commissioner McCray hoped there was consensus the Police Department needed to be moved from its current location. Commissioners Ensler and Ferguson were hesitant to encumber future Commissions with such a large bond issue. Mayor Taylor thought the budget was extremely conservative regarding the revenue from the public service tax in view of the anticipated growth and projected the funds would be available. Mr. Mummert reminded the Commission the public service monies have been split between the general fund and the public service tax debt fund, some of which goes into the CIP. The opportunity could arise if the tax base increases enough, that the allocation could be modified. Mr. Bressner explained the alternative funding proposals and the impact on the funding for Fire Station #5. The recommendation was to issue the public service tax bond and not continue with any additional fire assessment which would be policy discretion. Commissioner Ferguson asserted the citizens had been promised the fire assessment would end after seven years. Motion Commissioner Ferguson moved to approve the $20M bond issue. Commissioner McCray seconded the motion. The motion passed unanimously. Lastly, the development of two City owned parks, Quantum Park and Nautica/Meadows Park, had not been included in the proposed budget. Public/private partnerships may be available, but not at this time. Vice Mayor McKoy commented with the extensive growth in the northwest section of the City, the two parks should be given some priority and definitely before 2010. Mr. Bressner added the residents have recommended only a passive park adjacent to the existing Meadows Park; however, active recreational facilities are needed. The continued construction in the Quantum Park area has stalled the funding and plans for the park with the nature preserve and other areas. Mayor Taylor suggested the park funding for both parks could be moved forward a couple years to the 2008-2009 budget. There was consensus the items be listed on the 2008 2009 budget. Mayor Taylor recessed the meeting at 9:48 p.m. for five minutes. 14 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Mayor Taylor reconvened the meeting at 9:56 p.m. C. Report and Recommendation - Nautica Park Agreement with D.R. Horton to pay for construction of Nautica Park (Proposed Resolution No. R06-062) Mr. Livergood explained the attempts that had been made in the past to develop Nautica Park. An agreement was reached with the adjoining property developer to forego impact fees on the Knollwood project in exchange for development of the Park at no cost to the City. Assistant City Attorney Alexander read Proposed Resolution No. R06-062 by title only. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R06-062. Vice Mayor McKoy seconded the motion. The motion was passed unanimously. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN us DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Agent: Owner: Location: Description: Yachtsman's Cove (LUAR 06-003) Atlantis Environmental Engineering Inc. Yachtsman's Property, LLC East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal Request to amend the Comprehensive Plan Future Land use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) (1st Reading of Proposed Ordinance No. 06-019) Request to rezone from Community Commercial (C-3) to IPUD Infill Planned Unit Development (1st Reading of Proposed Ordinance No. 06-020) Proposed Use: 61 townhouse units B. Project: Agent: Owner: Location: Description: Yachtsman's Cove (ABAN 06-001) Atlantis Environmental Engineering, Inc. Yachtsman's Property, LLC East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal Request to abandon a portion of the Northeast 15th Place right-of- way. (1st Reading of Proposed Ordinance No. 06-021) 1. Yachtsman's Cove (NWSP 06-003) Request new site plan approval to construct 61 fee simple townhouse units and related site improvements on a 3.35 acre parcel in the Infill Planned Unit Development (IUPD) zoning district. (Table to March 21, 2006 for final approval) 15 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Assistant City Attorney Alexander administered an oath to anyone giving testimony. Eric Johnson, Planner, reviewed the applications submitted. Staff recommended approval of all applications including the 61 Conditions of Approval, as they did conform to the Comprehensive Plan and met the intent of IPUD zoning district regulations. Commissioner Ensler suggested deferring the issues relating to the site plan until the March 21st Commission meeting. Mr. Johnson mentioned agreement had been reached between the adjoining homeowners' association and the developer on five issues that would be included as Conditions of Approval. AI Capellini, with Atlantis Engineering, agent for the applicant, indicated the developer was in agreement with all the conditions and noted it would require small modifications to the site plan. He briefly described the project, Yachtsman's Cove, and the site in the Community Redevelopment Agency area that would increase residential units along Federal Highway. Mayor Taylor opened the floor for public audience. Stan Nitkowski, 670 NE 15th Place, President of INCA, advised INCA supported the site plan if the first four conditions of the agreement were included as Conditions of Approval. The fifth item relating to moving of the building would need staff review, and if denied, Mr. Nitkowski would prefer the site plan be tabled. Mr. Nitkowski had no issue with the rezoning or road abandonment. Steve Homrich, 690 NE 15th Place, past President of INCA, commended everyone's' efforts to come to an agreement, including the developer, the Community Redevelopment Agency and City staff. A handout on the project was given to the Commission which is on file in the City Clerk's office. Assistant City Attorney Alexander read Proposed Ordinance No. 06-019 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-019. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Assistant City Attorney Alexander read Proposed Ordinance No. 06-020 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-020. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 16 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Assistant City Attorney Alexander read Proposed Ordinance No. 06-021 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-021. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner Ferguson moved to table item VIILB.1 to March 21, 2006. Commissioner McCray seconded the motion. The motion passed unanimously. c. Project: Agent: Owner: Location: Description: Wilson Center Complex (LUAR 06-005) Wally Majors, Recreation and Parks Director City of Boynton Beach 211 NW 13th Avenue Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MeDR) to Recreational (R); (1st Reading Proposed Ordinance No. 06-022) Assistant City Attorney Alexander read Proposed Ordinance No. 06-022 by title only. Mayor Taylor opened the floor for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-022. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Request to rezone from Single and Two Family Dwelling district (R-2) to Recreation (REC) district; (1st Reading Proposed Ordinance No. 06-023) Proposed Use: Recreation (expansion of the Wilson Center Park Complex) Assistant City Attorney Alexander read Proposed Ordinance No. 06-023 by title only. Mayor Taylor opened the floor for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-023. Commissioner McCray seconded the motion. 17 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Vote City Clerk Prainito called the roll. The motion passed 5-0. 1. Wilson Center Complex (MSPM 05-011) Request major site plan modification approval for park expansion and improvements to include a 13,816 square foot recreation community center, a lighted multi-purpose athletic field, playground, picnic area, basketball courts, new swimming pool and a refurbished pool building and additional parking on 5.27 acres zoned REC. (Table to Harch 21, 2006 for final approval) Motion Commissioner McCray moved to table item VIII.C.1 to March 21, 2006. Vice Mayor McKoy seconded the motion. The motion passed unanimously. 2. Wilson Center Complex (HTEX 06-002) Request for height exception approval to allow a decorative cupola on the roof of the proposed two (2) story Wilson Park community center building at a height of 52 feet, seven feet above the maximum building height limit of 45 feet in the REC zoning district. (Table to Harch 21, 2006 for final approval) Motion Commissioner McCray moved to table item VIII.C.2 to March 21, 2006. Vice Mayor McKoy seconded the motion. The motion passed unanimously. D. Intracoastal Pavilion (MSPM 05-013) Request for major site plan modification to construct a 12,800 square foot two-story community center on the 8.88 acre Intracoastal Park zoned REC. Kathleen Zeitler, Planner, advised staff was recommending approval of the major site plan modification. Mayor Taylor opened the floor for public hearing. Jeff Silver, The Harbors, did not understand how a site plan could be approved when the use of the building had not been determined. He pointed out the new building is not only much larger than the one that had been demolished, but also the new building is on the waterfront. Mr. Silver understood at the time he bought in The Harbors the Park was a passive park with posted rules of no alcohol, no loud music and closed at 9 p.m. The rules are good intentions but hard to enforce. Mr. Silver stressed the parking would be a definite safety hazard for children using the park. Cliff Lloyd, 140 Harbors Way, suggested moving the building to the western portion of the Park. The increase in parking and trash will be issues that will have to be addressed and strictly controlled. He had observed the rule of closing the Park at 9 p.m. had not been enforced. John McKurtchie on behalf of Sachs, Sax and Klein and The Harbors, proposed there should be garbage pickup the day after each scheduled event. He also suggested times be established when music should be turned off and food should no longer be served to allow sufficient time for cleanup before closing. 18 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 Stan Nitkowski, 670 NE 15th Place, President of INCA, highlighted the history of INCA's use of the old building and its interim meeting arrangements. He felt significant community involvement in the design of the new building reflects the need for the current plans. Wally Majors, Director of Recreation and Parks, echoed Mr. Hawkins' previous remarks and stressed strict procedures and rules are in place for the use of the parks. He also emphasized significant public input was involved in the beginning planning phase of the entire Park and it always included a two story facility. Mayor Taylor verified permits to use the park include outlines of all the rules and regulations for the use of the parks. He suggested the rules regarding noise and the park closing be closely monitored and enforced. Commissioner McCray requested a list of the calls that have been received regarding activity at the Park. He also suggested communication between The Harbors and INCA should be improved. Commissioner McCray noted, considering the growth the City of Boynton Beach has experienced, a building of the same size as the one demolished would not meet the needs of community. Commissioner Ensler felt it was academic, but the 2003 Capital Improvement Workshop records reflect a drawing of a one story building intended to be 7,000 square feet to house 275 people, which has changed. He confirmed with Mr. Majors that the gates would be closed from 9 p.m. to 8 a.m. Mayor Taylor added the Commission can extend those hours for special occasions. Motion Commissioner McCray moved to approve item VIILD. Vice Mayor McKoy seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A. Amend the Parks Dedication Code ordinance to modify the review time line - March 2006 B. Regulations on Improper Weapons Use - March 2006 C. Update on City's position on minority contracts - 3/21/06 D. Ordinance on Adult Entertainment - 3/21/06 E. Donation of $1,000 of Community Invest Funds by Vice Mayor McKoy to Boynton Symphonic Orchestra - 3/21/06 F. Requirement for underground utility lines for all new development - April 2006 G. Future location options for City Hall - April 2006 H. Cellular 911 Dispatch - May 2006 19 Meeting Minutes Regular Commission Meeting Boynton Beach, FL February 28, 2006 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING None B. Ordinance - 1st Reading None C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting was properly adjourned at 10:42 p.m. CITY OF BOYNTON BEACH Jo~;lr ATTEST: Vice Mayor / 20 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Intracoastal Park Pavilion Development P&Z Building Engineering Occ. LIcense Deputy City Clerk APPLICANT'S AGENT: Mr. David Stump, City Project Manager APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 28, 2006 TYPE OF RELIEF SOUGHT: Request a major site plan modification to construct a two-story recreational community center building of 12,800 square feet under roof on an 8.88 acre parcel zoned REC. LOCATION OF PROPERTY: 2240 North Federal Highway (Intracoastal Park). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 ofthe City's Land Development Regulations. 2. The Applic~t ~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 "C" with notation "Included". 4. The Applicant's application for relief is hereby /" 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: 2-~-Ob Yn. fJ^~ S:\Planning\SHARED\WP\PROJECTS\lntracoastal Park\MSPM 05-013\DO.doc EXHIBIT "C" Conditions of Approval Project name: Intracoastal Park Pavilion File number: MSPM 05-0] 3 Reference: ] S(review plans identified as a Maior Site Plan Modification with an October 4,2005 Planning and Zoning DeQartment date stamp marking I DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 2. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-l6(b)). The existing site contains only one 8-inch spur water main extended from North Federal Highway down to the area of the proposed pavilion. One fire hydrant is located in this building general area. However, one 8-in. water main line alone cannot provide the necessary fire flow required. Pumper truck(s) utilizing the waters of the Lake Worth Lagoon may be an additional alternative. Applicant shall provide a report substantiating this concept (if to be used.) CONDITIONS OF APPROVAL Page 2 Intracoastal Park Pavilion MSPM 05-013 DEPARTMENTS INCLUDE REJECT 5. A building pemrit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at pemrit review. 8. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be detemrined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of pemrit application. 9. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 10. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 11. As required by LDR, Chapter 4, Section 7, submit a current survey of the X subject property. 12. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building pemrit application: , , DEP ARTMENTS INCLUDE REJECT 13. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 14. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVIew at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 15. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 16. Sheets AIOO and A101 indicate enclosed stairs and sheet 201 shows open X stairs. Please clarify. 17. Sheets AIOO and A101 - Stairway construction shall comply with 2001 X FBC, Chapter 10, including Sections 1006.1.3.2 and 1006.2.4. P ARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: NONE X ADDITIONAL CITY COMMISSION COMMENTS: Comments: To be determined. ~ ... 1 in. = 246.3 feet o CI1:rITO QQQC\QQQQQo 0000000 DO QQQ[)[JQQ D CJ CJ CJ CJ CJ o 601 SUBJECT PROPERTY ~;i~ ~i~ ~ii! Exhibit "An - Location Map of Intracoastal Park Gz t~ "m ~ r r (J) ::::j m \l ~ Z ill (Jl ~d d~d ~ :j !i11 :!:a :!:a11!!l11 ;;1 m 0 ~~ ;n~ ~~~~III 0 ~ ~!i ~~ !i~i ~ a ~~ h ~~ll I ~ ~~ ~ Qj ~ ~ 11 ~~~ j ~i ~~~ .; !tl~ ~~~ "'~ ~~m ~ .~I 0 ;H ~ ~ N ~ ~ i~ ~~ ~ ~I~ " ~,. ~ ~ ~ .' '" ~ '" -~,,~ ;!4ILRG41J ~- --------- - u.s. HIGH'>"4 Y ~ I'of1"f:^;D. j """"'-Gtlr,.., > EX~LBrT "8 I I ! "" ------ I - I i ~.... !mii ~ ! ! ~ Ur' ;~11!l a - ~ ~ ' ~ i 0 8 .z ~ ~ ~ 0 lit "0 III.... 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