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Minutes 06-19-01MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, ON TUESDAY, JUNE 19, 2001 AT 6:30 P.M. BOYNTON BEACH, FLORIDA PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation, Rev. George Sweeting, Church of God Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher Mayor Broening called the' meeting to order at 6:30 p.m. Reverend George Sweeting offered an invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES E. Agenda Approval: There were no additions, deletions, or corrections to the agenda. Commissioner Ferguson moved to approve the agenda. Commissioner Fisher seconded the motion that carried unanimously. I1. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Bob Ensler, 26 Woods Lane, Boynton Beach, spoke of the serious water shortage facing South FIoridians. Mr. Ensler read from a report by the South Florida Water Management District that predicted potentially dire effects if the drought were to continue. Mr. Ensler praised the Commissioners for their new rate schedule that would put a price on wasting water, but he wanted to go further. He wanted the Commission to appoint a Blue Ribbon Panel composed of key people from the community to find ways to save water and make recommendations to the Commission. This would allow the City to take the lead in providing solutions for a very serious problem. Steven Bell, 133 S. 11th Street, Lantana, spoke about the vanishing green space due to unbridled development and urged the Commissioners to do what they could to preserve the Quantum Scrub. He called on the Commissioners and the citizens to be proud that the 1% of remaining scrubland in the County was in its borders. He suggested that the City put maps in MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 its newsletter showing the natural areas remaining in the City to alert the public to their diminishing status. Mr. Bell suggested some kind of land swapping as an alternative to this problem. Herb Suss, resident of Boynton Beach, gave certificates of appreciation to Commissioner Fisher, City Manager Bressner, Public Works Director Jeffrey Livergood, Assistant City Manager Dale Sugerman, Parks Director John Wildner, Chuck Magazine of Risk Management, and Scott Blasie of Code Enforcement. Mr. Suss praised the recipients for outstanding service to the City. Pat Marshall, 305 S.W. 5t~ Lane, Boynton Beach, spoke of a problem he was having concerning a building permit. His driveway had to be increased from its present length of 34 feet to 36 feet to satisfy Boynton Beach Code requirements. Mr. Marshall realized that the intent of the Code was to prevent parking on the right-of-way but stated that in his subdivision, Mango Heights, it was legal to park on the swale. He sought assistance in obtaining Code relief. Mayor Broening advised Mr. Marshall that someone would discuss the matter with him before the end of the meeting. III. ADMINISTRATIVE: A. Accept resignation of Dick Lambert, Alternate Member, Code Compliance Board Motion Commissioner Ferguson moved to accept, with regret, the resignation of Dick Lambert from the Code Compliance Board. Commissioner McCray seconded the motion that carried unanimously. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Mayor Broening Children & Youth Advisory Bd Stu/Reg/NV* 1 yr term to 4~02 (Tabled-2) II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 (Tabled-2) III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/02 (Tabled-2) IV Fisher Cemetery Board Reg 3 yr term to 4/04 (Tabled-2) Mayor Broening Code Compliance Board Alt 1 yr term to 4/02 Mayor Broening Education Advisory Board Reg 2 yr term I Weiland Education Advisory Board Alt I yr term to 4/02 II McCray Education Advisory Board Stu 1 yr term to 4/02 to 4/03 (Tabled-2) (Tabled-2) (Tabled-2) IV Fisher Golf Course Adv. Committee Alt 5 yr term to 6/06 Mayor Broening Golf Course Adv. Committee Alt 5 yr term to 6/06 Mayor Broening Library Board Reg 3 yr term to 4/04 (Tabled-2) (Tabled-2) (Tabled-2) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/03 (Tabled-2) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 I Weiland Nuisance Abatement Board Alt 1 yr term to 4/02 (Tabled-2) I Weiland Recreation & Parks Board Alt 1 yr term to 4/02 (Tabled-2) Mayor Broening Senior Advisory Board Reg 2 yr term to 4/03 I Weiland Senior Advisory Board Reg 2 yr term to 4/03 II McCray Senior Advisory Board Alt 1 yr term to 4/02 (Tabled-2) (Tabled-2) (Tabled-2) *Non-Voting Vice Mayor Weiland appointed Joan C. White as a regular member of the Senior Advisory Board. Mayor Broening appointed Herb Suss as a regular member of the Library Board. He also appointed Christine Wilson as a regular member of the Senior Advisory Board. All other appointments were tabled. Motion Commissioner Fisher moved to accept the appointments. Commissioner McCray seconded the motion that carried unanimously. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Palm Beach County Immunization Van will be at the Boynton Beach Civic Center on Saturday, June 30, 2001, from 10 AM until 2 PM Invitation for the community to participate in the 2001 Multicultural Festivities on Saturday, June 30, 2001, from 12 noon to 6 PM at the Children's Museum Plaza on Ocean Avenue Mr. Dan DeCarlo, Neighborhood Specialist, made the above announcements. He advised that there would be a booth at the Multicultural Festival for Qufu, Boynton Beach's sister city in China. B. Presentations: 1. Proclamations: "Code Enforcement Officers' Appreciation Week" - June 25-29, 2001 Mayor Broening read a proclamation declaring that June 25-29, 2001 would be Code Enforcement Officers' Appreciation Week and presented it to Scott Blasie, who accepted it on behalf of the Code Compliance Division. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 CONSENT AGENDA: 2. Regular City Commission Meeting of June 5, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Award "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS," Bid #062-2510-01/KR, to Waste Manufacturing Co., Inc. d/b/a Industrial Refuse Sales, for an estimated expenditure of $180,000 Award "MODIFICATION TO THREE (3) EXISTING HVAC SYSTEMS WITHIN THE CITY HALL COMPLEX," Bid #058-2413-01/CJD to Bradley Heating and Air Conditioning, Inc. in the amount of $23,189 (PROPOSED RESOLUTION NO. R01-202) Extend "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES," Bid #071-2511-01/KR, to Golden Mark Florida Corp./One Source of Hollywood, Florida for an estimated annual expenditure of $117,075.60 Extend "ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM," Bid #072-2821-00/CJD, to Invensys Meter Systems (formerly known as Sensus Technologies, Inc.) for an additional year for an estimated annual expenditure of $1,000,000 o Approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, Bid #00C-88P awarded to S & F Construction Inc. for the "CONSTRUCTION OF A PAVILION AT BOAT CLUB PARK," in the amount of $36,183 (PROPOSED RESOLUTION NO. R0'1-203) Award "RE-SEAL ROOF OF POLICE STATION LOCATED AT 100 E. BOYNTON BEACH BLVD.," Bid #066-2511-01/CJD to Advanced Roofing, Inc. in the amount of $48,825 (PROPOSED RESOLUTION NO. R01-204) 7. Award "PURCHASE OF UNIFORMS - TWO YEAR CONTRACT," Bid #053-1412-01/CJD to various vendors with an estimated annual expenditure of $250,000 Resolutions: Proposed Resolution No. R01-205 Re: Approving a contract between the City of Boynton Beach and Medical Office Concepts, Inc. for employment related examinations Proposed Resolution No. R01-206 Re: Increasing the local Communications Services Tax rate and waiving the permit fee on telecommunications companies that occupy municipal rights-of-way MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Proposed Resolution No. R01-207 Re: Approving purchase of the ALERT AM Emergency Advisory Radio Station the Proposed Resolution No. R01-208 Re: Accepting Letter of Credit no. BA 455 from BankAtlantic in the amount of $76,900 as surety for construction of the water and sewer systems serving the project known as Lester PUD, Plat 6 Proposed Resolution No. R01-209 Re: Reducing the Letter of Credit for Tuscany on the Intracoastal (formerly Bay Vista) from $338,580 to $16,929 Proposed Resolution No. R01-210 Re: Approving and authorizing the signing of the Joint Participation and Funding Agreement with Palm Beach County for the construction of Hypoluxo Road from Military Trail to Congress Avenue, authorizing an expenditure not to exceed $51,985 for the relocation, adjustment or construction of utility lines Proposed Resolution No. R01-211 Re: Approving an addendum to the Boynton Marina Development Agreement between the City of Boynton Beach and AERC of Virginia, Inc., Successor Developer, extending the completion date for improvements to Casa Loma Blvd. to October 15, 2001 Commissioner Ferguson removed this item from the Consent Agenda for discussion. D. Ratification of Planning & Development Board Action: None Approve Change Proposals #22, #25, and #27 for the Ocean Avenue Promenade project; accept the semi-final accounting report; and appropriate an additional $50,000 from Reserves for FutUre Appropriation Account #302-1211- 512-99-03 CommisSioner Ferguson removed this item from the Consent Agenda for discussion. Approve the expenditure of $4,000 from the Florida Law Enforcement Trust Fund to support the Juvenile Transition Center, Inc. ESTEEM Program Approve an additional expenditure of $1,605 to Purchase Order #11213 to County Lawnscape, Inc. for an irrigation system located at the City's 6th Avenue Demonstration Garden, for a total of $11,277.46 Approve the designation of $3,000 from Vice Mayor Weiland's discretionary account to Forest Hill Park for the purpose of purchasing and installing a replacement picnic shelter. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Motion Commissioner Fisher moved to approve the Consent Agenda as amended. Commissioner Ferguson seconded the motion that carried unanimously. Consent Agenda Item V.C-7 Commissioner Ferguson believed the developer was aware of the deadline to complete Casa Loma Boulevard and that failure to meet the deadline of May 7, 2001 was cause for some "giveback" of the $770K in incentives the City had made a part of its agreement. Mayor Broening opened the public audience. Herb Suss, resident of Boynton Beach, agreed but wanted to see a shovel in the ground with completion by year's end or withdrawal of the incentives by the City. There being no other persons wishing to speak on the topic, Mayor Broening closed the public audience. Bruce Jarvis, the developer, gave a history of the Marina project since he took it over last December. He was aware of the frustration on the part of the City about the request for an extension on Casa Loma Boulevard, but explained that they had completely resurveyed the property, re-examined all existing permits and brought the ones that were not acceptable into compliance. Most significantly, Mr. Jarvis had successfully enlisted the active participation of the Two Georges and felt that this would lead to a successful conclusion to this project. Through the survey work and the participation of the Two Georges they had significantly improved the design of Casa Loma. His targeted construction start date on Casa Loma from Ocean Avenue eastward including the overlook was July 16, 2001. Prior to that they would begin construction on the temporary parking. Mr. Jarvis reported that he had corporate funding approved to complete Casa Loma, the Marina, and the attendant landscaping. He also had design funds for Phase 2, the residential and parking structure pieces of the project. As they go to the capital markets to obtain debt and equity financing, they have experienced problems with the specific performance dates in the development agreement that th ey inherited. The developer asked for a four-month extension on the original May 7, 2001 deadline for the Casa Loma portion of the Marina project. The project would be complete in two months from the start date of July 16, 2001 except for the final pavers and last lift of asphalt, which would be delayed to prevent damage during other construction. The developer's attorney requested extensions on the infrastructure deadline from January 1, 2002 to January 1, 2003 and for tota completion, from January 1, 2003 to January 1, 2004. They had not yet obtained a building permit and believed that in order to do the project correctly, including presentations to the various Boards, that these extensions were necessary. CityPlace, which had been twenty years in the making, was given as an example of a large project that had taken many years to bring to fruition. The developers believed the progress at the Marina was moving forward steadily. Commissioner Fisher cited the $750K in incentives, saying that the City Would expect, then, that the Casa Loma project would be completed and the restaurant phase started before the end of 2001. Mr. Jarvis affirmed that this was correct and that they would start piling work on the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 restaurant and the 22K square foot section paralleling the Marina by mid-October or November of 2001. Michael Weinert, the developer's attorney, expressed concern about some of the language in the development agreement they had inherited and requested various modifications, including a discussion of the issue of incentives. He stated that they had been required to post a $750K bond to protect the City's incentives, in spite of the fact that the City had not yet spent any money. Mayor Broening said haste made bad products and he had been disappointed in some of the work done in the Marina area, which lacked many amenities that the people in South Florida expected. He was heartened by a total review of the project by a credible, well-financed organization that had built a team with a track record of doing things. He thought the Commission should be flexible and grant additional time since this would be the signature product for the City. He reminded the Commission that the developer would have to take it to the CRA before it came to the Commission. Motion Vice Mayor Weiland moved to approve granting an extension to the completion date on Casa Loma Boulevard to October 15, 2001. Commissioner Fisher seconded the motion. Commissioner Ferguson said the Marina was the lynchpin of the entire downtown area and his problem was that the developer's vision was not large enough, and this was why he wanted to hold them accountable for the delay. Mr. Bressner suggested that those who supported the motion might want to add a subsequent motion directing the City Manager to assemble the necessary staff team to work with the developer, and report back to the Commission at the first meeting in September. That would give the developer an opportunity to go to the CRA, make their modifications to the Plan, and staff could coordinate and make a report to the Commission. At that time, some specific suggestions for language in the development agreement could be presented also. The City Manager's office would, along with the Development Department, be responsible for moving the project forward. The motion passed 4-1, Commissioner Ferguson dissenting. Motion Commissioner Fisher made a motiOn to direct the City Manager to put together an accountable staff team to make sure that this project proceeds on a fast track, and that the developer does not have to wait for staff or the CRA to meet this deadline. Commissioner McCray seconded the motion. The motion carried 5-0. Consent Agenda Item E 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Commissioner Ferguson stated that the backup showed that the original design had an error in it in the amount of $33,000. He wanted to know if the City would be able to get some of that back from the person that had done the work. Mr. Sugerman, Assistant City Manager, said that the Ocean Avenue Promenade project came in ahead of schedule and would have come in at or under budget except that one of the adjacent property owners threatened to sue the City for encroachment on his property. Because of this threat, the City settled that claim at a cost of $15,000. That was not in the budget for the project but was an additional cost. Design and field measurement errors had led to poorly estimated plan quantities, especially on asphalt removal. These errors caused an additional cost of approximately $28,000. The City got all it was billed for in spite of the faulty quantity estimates. This request for additional appropriations was to cover the shortfall caused by the above circumstances. Gee and Jenson has offered the City a $5,000 cash rebate on the design, engineering, and inspection fees, and a $15,000 credit towards future use of their firm's services. Commissioner McCray said the project had been put out to bid and that somebody on City staff should have been on top of this situation. Mr. Sugerman replied that the City had relied on the Design Engineer. Mr. Bressner asked if the unit prices that were charged as a result of the Change Orders had been the same as the bid prices and Mr. Sugerman replied in the affirmative. Motion Commissioner Ferguson moved to approve Consent Agenda Item V.E, subject to the payment of the $5,000 cash and $15,000 credit for future services. Commissioner Fisher seconded the motion that carried 5-0. VI. CITY MANAGER'S REPORT: Postpone development of interim improvements to Girl Scout Park site pending future master plan development of the full site The Recreation and Parks Board recommendation, as a result of the public forum, was not to proceed with the proposed improvements at this time. They recommended that the item be tabled and that the City focus its efforts on the Zill property that was located in the same general area. Vice Mayor Weiland agreed with staff's recommendation at this time but noted that from Woolbright Road and Congress Avenue east to the Intracoastal and south to the Delray/Boynton line, there were 8,900 registered voters. The City Sent out 300 to 400 letters to people in the immediate neighborhood Girl Scout Park. Sixteen people showed up at the meeting and 10 to 12 of them said NIMBY (Not in My Back Yard), Vice Mayor Weiland envisioned a park for the south end of the City like the Meadows Park on Congress Avenue. The proposed neighborhood park on the Zill property was very small and would only be used by the people in the area immediately adjacent to it. It would be an isolated park that would not generate much public awareness. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Motion Commissioner Ferguson made a motion to suspend active planning for improvements at Girl Scout Park at this time. Vice Mayor Weiland seconded the motion. Commissioner Fisher concurred with Commissioner Weiland and wanted to see staff continue to work on the Master Plan revisions to address the park needs in the south end. Vice Mayor Weiland said this was already part of the 55 Initiatives and would be addressed in that context already. Mr. Bressner suggested that staff should be directed to work with the Recreation and Parks Board to prepare a sector plan for the southeast quadrant of the City to update the Park Master Plan and provide a report back to the Commission by December 1. Commissioner Ferguson agreed With this amendment to his motion. Commissioner Fisher seconded the amended motion. The motion passed 5-0. Review plans to construct a temporary dog park at Congress Avenue Community Park Mr. Bressner reported that the original estimate for a temporary dog park was prepared before water restrictions became an issue. The use of recycled water has been suggested as an alternative. This brings the total cost of the project to $46,000. Recycled water allows for the frequent watering needed for newly sown grass. The Commissioners have to decide whether to use the recycled water or the City water system and what they want to do about this project. Mayor Broening opened the public audience. Herb Suss, resident of Boynton Beach, thought it made no sense to have a dog park so close to the one at Lake Ida Park in Delray Beach. He wanted to see the $46K used to purchase the services of another policeman or fireman. James Miriana, 728 N.E. 8th Avenue, Boynton Beach, stated that although he was a dog lover, he did not believe the expenditure was justified. He thought the cost for removal had not been taken into consideration and that the project would probably cost even more than the current estimate. Jerry Gerardi, 2531 S.W. 11th Court, Boynton Beach, said he was a resident of Golfview Harbour and had lived in the area for 22 years. He had been pleased with the Commission's decision to build a dog park. He was concerned that the recycled water, or sewer water as he called it, might have unfavorable health impacts. He thought that all the other parks around the City might also experience cost-overruns due to the use of recycled water. Mr. Gerardi suggested that the City go with the original plan cost, use the grey water if absolutely necessary, and make the facility permanent. It was still the cheapest alternative available. He reminded the Commission that more than 1,700 residents of Boynton Beach and Palm Beach County had signed a petition requesting a dog park. Wherever the park was established, he MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 suggested that it be dedicated to Zeus, the police dog who lost his life in the line of duty recently. Anne Centi, '13C Southport Lane, Boynton Beach, urged the Commission not to expend the fundS for atemporary, unnecessary dog park. She questioned spending so much money to put it in, maintain, and remove it, when the City had an urgent need for a community health clinic that would serve more people and more residents than a temporary dog park. Terry Pereira, 7692 Colonial Lakes Drive, Boynton Beach, stated that he had never been in favor of a temporary location for the dog park. Now that the cost was doubled, he saw even less sense in it. The water restrictions were already in place when the Commission first approved the project and someone should have discovered this at that time. Mr. Pereira thought the project should be scrubbed and that the search for a permanent site be continued. There being no further requests to speak on the topic, Mayor Broening closed the public audience. Commissioner McCray was disturbed about the cost and the temporary nature of the project and did not think the cost of the employees to maintain the site had been taken into consideration. He was against spending the public's money for this project. Commissioner Fisher thought it made sense to use the pre-existing dog park at Lake Ida and that the two locations were too close together. In light of the proximity of the sites, he favored allocating the money to fund improvements to the Wilson Pool or the Hester Center. Vice Mayor Weiland spoke of the expressed need for green space that he had heard over the last three years, Here was an opportunity to have green space for $20,000 and no one was willing to spend it. He was in favor of keeping this site and making it a permanent one although the term permanent was subject to the Commission's discretion both now and in the future. He was disturbed that there was no place in the City where dogs could run free. He believed the extra $20K could be found in many different places, including the Commissioner's discretionary funds. He referred to the City's payment to use water from the recycled water line and wondered if the City was getting a fee from the SCRWTD Board in Delray to use Boynton Beach's right-of-way to lay the pipe along Congress for the recycled water? There would be no traffic congestion if the Park were put in place. He believed there was no reason to disallow this dog park in Boynton Beach. Motion Vice Mayor Weiland made a motion to approve the dog park and seek funding sources, offering money from his discretionary fund and asking Legal staff for its interpretation of the word temporary and permanent. If the dog park could be made permanent, he wanted to do that at this meeting. The motion failed for lack of a second. Mayor Broening set the record straight on the sewer water, saying that even if it did not pass the test for potable water because it was wastewater, it was good. He spoke of exercising his own dog in the backyard of his house. He saw the primary issue as one of planning. They were 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 willing to wait for twenty years for the Marina project to be planned, designed and funded to become what it should be. He was not convinced of the location or that $40K+ is enough to do justice to a real dog park. He hoped the City could find a location for a permanent dog park that would be more centrally located. Motion Commissioner Fisher made a motion to direct staff to look, as it goes through the development process, for a permanent location for a multi-use park to include a dog park that is not near a pre-existing location and makes sense logistically for the City as a whole. If a more suitable location arose, he wanted staff to bring it to the Commission's attention. Mr. Bressner said this had already been done in the report that had provided a number of alternate sites and the only site that was even potentially viable was the Congress Avenue site. The analysis had included issues of functionality with respect to adjoining land uses or other recreational uses on the property. Mr. Bressner suggested that unless there were some specific sites that the Commission wanted looked at, they would be putting something on the docket that would probably not come to fruition. Commissioner Fisher wanted the record to reflect that this Commission did want to have a dog park when a suitable site became available, for the benefit of subsequent Commissions. Commissioner Fisher offered an amended motion. Motion Commissioner Fisher moved to direct the Recreation and Parks Board to consider the possible need for a dog park and incorporate it into their planning process as an item to be done. Commissioner McCray seconded the motion that carried 4-0. Vice Mayor Weiland/eft the dais during the vote. Report on Restoration of Second Stormwater Emergency Bypass Route for Estates of Silverlakes Retention Lake Mr. Bressner stated that he disagreed with the position taken by staff on this issue and looked to the Commission to make a policy decision indicating that this was a public project. Staff could not expend public dollars until this policy decision had been made. Mr. Bressner related the entire history of the retention pond and outfalls in Silverlake Estates and outlined the points on both sides of the issue since the subdivision's inception in 1977. If the one remaining outfall were to fail and allow flooding of the 169 homes in Silverlake Estates, a major expenditure of public resources would be required. This was the basis from which the premise of public benefit had been derived. Mr. Bressner believed it was in the best interests of the City to restore the blocked outfall and asked that the Commission declare it a public project for the City to correct the drainage problem within the public right-of-way and that in the event of structural problems in the pipe that extended into private property, the homeowner's association would be responsible. Although both public and private works were involved, it would be done as one project to save costs. Mayor Broening opened the public audience. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BF_.ACH, FLORIDA JUNE 19, 2001 Terry Pereira, resident of Boynton Beach, Mr. Pereira thought it was a private issue and that the City should not get involved. He thought if the City took on this project, it would open the doors for developments all over the City to demand that the City fix their drainage problems too. Mr. Perieira believed that the residents of Silverlake Estates were more than able to afford $500 each to handle the cost of this repair themselves. Mr. Pereira did not want to see taxpayer money go towards this project. Lori Wilkinson, 2458 S.W. Cranbrook Drive, Boynton Beach, resident of Silverlake Estates advised that the homeowner's association had been working intermittently with the City on this problem since 1980. Ms. Wilkinson asked the Commissioners to support Mr. Bressner's suggestion. Ms. Wilkinson remarked that there had been damage to homes from the flood two years ago where people had to replace carpeting and other damage. The flooding came about because they did not have enough drainage due to the blockage of one of the two outfalls by persons unknown. She stated that the homeowner's association was more than willing to pay for the part of the project that fell on private property. They were asking for the City's help for the parts that were on public property. Ms. Wilkinson appreciated the fact that Mr. Bressner had taken a stand on the issue. Since there were no further requests to speak on the topic, Mayor Broening closed the public audience. Commissioner Fisher thought Silverlake Estates should have come to the Commission fifteen years ago when the outfall became blocked. He was concerned about the "persons unknown" aspect of the case. He had two town meetings with residents who had experienced flooding for the past fifteen to twenty-five years because the City never assigned someone to fix their drainage. The City was looking at a partnership with Silverlake Estates and in his opinion it was not opening a floodgate for other people or developments to come in. They were told at the town meetings that the fix might come from the City, the County, or the Lake Worth Drainage District but that the City was looking at partnerships with the homeowner's associations. This was a good example of that. He was concerned that if the City did not fix this and a big storm came and 15-20 homes were lost due to flood damage, that their re-sale value would not be high due to a history of flooding. This would damage the City's tax base. Long-range, it made sense to fix it. Vice Mayor Weiland did not understand why the Commission was even looking at the issue. He agreed with Mr. Pereira and he had discussed it with Mr. Bressner earlier in the day. If he had a hole in his roof for the last fifteen years and chose not to fix it and had water damage, that would be his fault. He was against the City's participation in the project. Commissioner McCray read in the backup that the City could not and would not guarantee to the homeowner's association that the restoration of the north outfall would be an absolute protection against flooding in Silverlake Estates. Mayor Broening asked if the people in Silverlake Estates paid the $6.00 ERU stormwater assessment and the answer was yes. Mayor Broening calculated that this came to about $18,000 a year. Mayor Broening spoke to the "persons unknown" theory and had understood from conversations with long time residents that a former City employee may have gone in and done some work that had negatively affected the drainage system. This could not be proved but was a factor in Mayor Broening's decision. He did not want to put public money into private MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 property but at the same time, Commissioner Fisher made a case for retaining property values in a very valuable part of the City from the tax base standpoint. He had empathy for the residents and believed there was some responsibility on the City from a legal and moral standpoint. Vice Mayor We/land said that the $6 ERU did not pertain to the streets in High Point, Silverlake Estates, or Leisureville. It was to pay for improvements throughout the City of Boynton Beach that assured each one the residents safe passage through streets, not just streets in Silverlake Estates or Leisureville. Vice Mayor We/land did not believe that the $6.00 ERU had anything to do with the decision of whether or not to spend this money. He had read that the City should do something about the collateral damage that had occurred to streets and yards during the storm two years ago. However, he said this had been suffered by all of Boynton Beach. Mr. Cherof commented that the City had no liability because it was private property and the City was not maintaining the drainage system. Even if the damage to one of the drainage outlets had been caused by the City at some time in the past, the City had no liability for that today because so much time had passed that the Statute of Limitations had been exceeded for a claim. If the City goes in and does work on this private drainage system there is the potential for liability to the City arising out of the manner in which the work is done and the end result of the work itself. Mr. Cherof said that if the Commission decided there was a public purpose to spend the funds for this project, it should be done in the form of an agreement with the homeowners association that included an obligation on the part of the association to insure against that liability or indemnify the City. Motion Commissioner Fisher made a motion to direct staff to work in partnership with the Silverlake Estates Homeowners' Association to complete the back-u p drainage system along with directing the homeowners association to hold the City harmless in the event of anything that may happen in the future. Commissioner Ferguson seconded the motion. Commissioner Ferguson asked Commissioner Fisher if he would mind amending his option to allow for a cost not to exceed $65K? Commissioner Fisher agreed with this amendment. The vote passed .4-1, Vice Mayor We/land dissenting. Mr. Bressner thanked the Commissioners for their deliberations pro and con on the issue. Project Team Reports (From 55 Strategic Initiatives): 1. 2.10 Permit & Development Review Process Ms. Lusia Galav, Principal Planner in the Planning & Zoning Department, and team leader for Strategic Initiative 2.10, presented a status report on this topic. This was a joint Chamber/City initiative. The team members were Ms. Galav, Mr. Bressner, Jeff Livergood from Public Works, Tim Large, Building Code Administrator, Scott Blasie, Code Compliance Administrator, Ed Yates, Occupational License Manager, Jeanne Heavilin, representing the CRA Board and the Chamber and Jos~ Aguila representing the CRA Board. The commitment to ]3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 make things better was unanimous among the team members. Seven meetings had been held since March, including a workshop that was attended by six members of the community. The group was trying to create a facilitative approach to the development review process. They decided their target group would be the homeowner and small business owners and they were focusing on the Land Development Regulations, Education of Customers and Staff, and the Permit Process. The team was to continue working on six action items and give another status report to the Commission in October. Those action items included: 1) 2) 3) 4) 5) 6) Seminars and Workshops Update of Development Manual Identify Specialized Training for Customer Service Staff Foster Consistency Between Departments in Making Determinations Make Improvements to Electronic Software to Foster Communication Between the Code Enforcement, Occupational License, Building, and Planning Departments Enhance Staffing Structure to Include a Liaison The liaison was the item that received the most focus and discussion on the team. This liaison would take on an applicant and be his or her point person. There would be one person that people could call who would track their permits and give them status reports on their applications. Commissioner McCray asked if the liaison/point person would be one person. Ms. Galav said there would be a person or a group of people who would be handling the applicant. Commissioner Fisher suggested that the team quantify its goals by a percentage or some other method. Ms. Galav explained that they were still analyzing the process and locating the glitches. She envisioned a final report that included goals and an implementation procedure. Ms. Galav's complete report is available with the minutes in the City Clerk's office. 2. 6.5 Citywide Storm Drainage Projects Dale Sugerman, Assistant City Manager, presented a status report on this project. This project team carrying out this strategic initiative is the Utilities Department staff. The Silverlakes project will be added to their list of projects. Those projects were: 1) Downtown Stormwater Phase 1; 2) Industrial Avenue/Lake Boynton Estates SW Project; 3) Costa Bella SW Project; 4) Downtown Stormwater Phase 2; 5) N.E. 7th to N.E.10th Avenues/20 Outfalls to the ICWW/Phase 6 Water Main replacement; 6) Mariner's Way Seawall Replacement and Stormwater Improvements; and 7) Citywide Master Swale Improvement Project. Progress was reported on all projects. The Utility and Engineering Departments were working energetically on behalf of the community and Mr. Sugerman was proud of their results. Mr. Sugerman's detailed report is available with the minutes in the City Clerk's office. Commissioner Fisher asked when Item 7 would begin and Mr. Sugerman replied that the City would be able to begin that item in June of 2002. Commissioner Fisher extended compliments to Mr. Sugerman's staff from the people who had attended the town meetings about how professional the City staff was and how comfortable they felt that their needs were starting to be addressed by the City. Mr. Sugerman commented that ]4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 his staff had also enjoyed the brainstorming sessions with the residents and thanked Commissioner Fisher for sponsoring the meetings. Commissioner McCray asked for assurance from Mr. Sugerman that when the projects went before Engineering that they would be looked at so there would be no surprises in the form of requests for extra money. Mr. Sugerman stated that this promise could not be made because whenever you dug something up, you had no way of knowing if the people who had dug there previously had recorded things correctly. D. Status Report on Charter School Proposal Mr. Bressner reported that the Charter School wanted to open up a school in Boynton Beach this fall. The City had looked into two vacant City-owned properties for their temporary use. This would require a lease agreement with the school and a Master Plan amendment that would have to be heard by the Planning & Development Board. A draft lease agreement will be on the July 3 Commission agenda; a proposed meeting with the Planning & Development Board is set for July 17 regarding a Master Plan amendment; and an informational meeting is planned for residents on June 28 at 7 p.m. in Fire Station #3. Overall, Mr. Bressner thought it would be good for the community to have the charter school and the City was trying to facilitate it but it would be challenging to get it all done in such a short period of time. Commissioner Fisher said that the architectural design should be reviewed by the affected homeowner's association ahead of time. Mr. Cherof commented that the draft lease agreement did provide for a site plan review. E. Utility System Revenue Refunding Bonds, Series 2002 Mr. Bressner spoke of the refinancing of the $24M in utility bonds. Several months ago they estimated that the yield would be $2.2M and he was happy to advise that the yield was actually $2.458M. Because they would not be taking receipt of the funds until August 1, 2002, the City would accrue an additional $200K so the net gain to the City was about $2.6M. He thanked the people who had worked to achieve this, mentioning Diane Reese, John Guidry, the bond attorney, and the underwriters. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None VIII. FUTURE AGENDA ITEMS: Towing Request for Proposals - Workshop at 6 PM on July 3rd for Rate Authorization by City Commission B. Status report on new meeting schedule for advisory boards (July 3, 2001) Discu ss adoption of a Comprehensive Water Conservation Strategy for all water customers of the City of Boynton Beach Utilities - (TABLED ON MAY 1sT - WILL BE DISCUSSED ON JULY 3RD) ]5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Community Development Block Grant Program. Review of One-year Action Plan (July 3, 2001 ) E. Comprehensive Plan Amendments (July 17, 2001) Application for funding from County DIP funds for 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP)- July 17, 2001G. Project Team Reports (From 55 Strategic Initiatives): 1. 6.9 2. 5.1 3. 5.2 4. 1.2 Capital Improvement Program (July 17, 2001) Holiday Program (July 17, 2001) TNT Concerts (July 17, 2001) Arts Commission Project (September 18, 2001) Community Development Block Grant - Review of Grant Applications (August 7, 2001) Review of City Noise Regulations (August 2001 ) IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: None Xl. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-26 Re: Amending the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) for the subject _+ 0.73-acre property for A Pink Princess Attorney Cherof read Proposed Ordinance No. 01-26 by title only. Mayor Broening announced the public hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-26. Commissioner McCray seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 2. Proposed Ordinance No. 01-27 Re: Approving the rezoning of + 0.73-acre property from Office Professional (C-1) to Neighborhood Commercial (C-2) for A Pink Princess Attorney Cherof read Proposed Ordinance No. 01-27 by title only. Mayor Broening announced the public hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-27. Commissioner McCray seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. Ordinances- 16t Reading 1. Proposed Ordinance No. 01-25 Re: Changing the date of municipal elections from the second Tuesday in March to the first Tuesday in November Attorney Cherof read Proposed Ordinance No. 01-25 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-25. Commissioner McCray seconded the motion. City Clerk Prainito polled the vote. The Vote was 4-0, Commissioner Fisher dissenting. Proposed Ordinance No. 01-28 Re: Approving revisions to the Cross-Connection control and Backflow Prevention ordinance, modifying the types of backflow prevention units that are acceptable in certain circumstances, and requiring increased backflow protection in areas served by wastewater reuse systems Attorney Cherof read Proposed Ordinance No. 01-28 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-28. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. Proposed Ordinance No. 01-29 Re: public rights-of-way for communications facilities Regulating the use of Attorney Cherof read Proposed Ordinance No. 01~29 by title only. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Motion Commissioner Ferguson moved to approve Proposed Ordinance 01-29. Commissioner Fisher seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. 4. Proposed Ordinance No. 01-30 Re: Of Parking Regulations Initiating Fee-In-Lieu- Attorney Cherof read Proposed Ordinance No. 01-30 by title only. Commissioner Ferguson asked to amend the Ordinance, Section 4.E, which had a timetable. He wanted the fee to be "0" up through September 30, 2002 and have each level changed to September 30 since that was the end of the fiscal year, making it easier at budget time. Vice Mayor Weiland thought fee-in-lieu was a good idea and pointed out that several businesses in the Ocean Avenue area could benefit from such a program. Motion Vice Mayor Weiland made a motion to table the issue while the CRA looked at it before sending it to the Commission. The motion failed for lack of a second. Quintus Greene, Development Director, said that the CRA had considered this topic at length in its recent workshop and at its regular formal meeting on June 12. Commissioner Ferguson attended the meeting and said there had been varying opinions on the dollar amounts and length of time for the matrix. Commissioner Fisher was in favor of extending it to September but thought that the "0" should be extended to September 30, 2003 to serve as a greater incentive for development of the area. Mayor Broening was in favor of an interval of time and not specific dates and asked for the reason behind the dates. Mr. Greene said that developers did not like uncertainty and the earlier you got in the less you would pay. Commissioner Fisher wanted to increase the amounts from the third year onward to serve as additional encouragement to act early. He was in favor of starting the 3~d year with $2,000. Vice Mayor Weiland stated that the City already had a lot of incentives, including the recent 50% reduction in parking requirements. He believed that the fee-in-lieu should be the last option after exhausting the other alternatives. He also believed that further discussion was warranted and that the item should be tabled so the Commissioners could study the proposal. Commissioner McCray was at the CRA meeting and thought they had done an excellent job of analyzing the issue; he was in .favor of the Ordinance to include the fiscal year change. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-30, changing Section 4.E to reflect September 30, 2002 for the first grid and keep the dollars the same. Each line on the grid would reflect the date change of September 30 to be in line with the fiscal year. Commissioner McCray seconded the motion, MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Commissioner Fisher repeated his request to extend the "0" for two years. Mr. Bressner said it could be evaluated in six months and changed if the Commission deemed it necessary. City Clerk Prainito polled the vote. The vote was 4-1, Vice Mayor Weiland dissenting. 6. Proposed Ordinance No. 01-31 Re: Economic Incentives - for Community Redevelopment Area Attorney Cherof read Proposed Ordinance No. 01-31 by title only. Motion Commissioner Fisher moved to approved Proposed Ordinance No. 01-31. Commissioner McCray seconded'the motion. City Clerk Prainito polled the vote. The vote was 5-0. 7. Proposed Ordinance No. 01-32 Re: Economic Incentives for Development in PID Attorney Cherof read Proposed Ordinance No. 01-32 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-32. Commissioner Fisher seconded the motion. Mr. Bressner noted that Quantum Park had requested an opportunity to review this Ordinance in more detail but that the Commissioners could opt to go ahead with the motion and discuss any amendments before second reading. City Clerk Prainito polled the vote. The vote was 5-0. Xll. None XlII. None Resolutions: None D. Other: None UNFINISHED BUSINESS: OTHER: A. Informational Items by members of the City Commission MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 XIV. ADJOURNMENT: There being no further business to come before the Commission, the meeting was duly adjourned at 9:15 p.m. ATTEST: Recording Secretary (three tapes) (06/20/01) 20 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the informa~tion called for below and give to the City Cle~rior to the start of the Commission Meeting. ~- . ~ City Name Telephone # of Matter to be Addre~ Summary If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meet~ Name Address Telephone ~ ~'~ Summary of Matter to be Add~ eSsed If a person~decides ~ appeal any decision made by the Ci~ Commission With respect to any matter considered at this meetinE, he/she will need a record made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City sha~ f~nish appropriate a~ia~ aids and se~ces where necessa~, to afford an indi~du~ with a disability an equ~ opportunity to participate in and enjoy the benefits of a strict, proEram~ or acti~ty conducted by the City. ~ease contact Joyce Costello, {561} 742-6013 at least twenty-fo~ hours prior to the pro,ram or activity in order for the city to reasonably accommodate yo~ request; BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ~~ ~ Name - ~ _ .~ ~, / ~ ~ Address f_ ~~ ~ Telephone # Summary of Matter to be Ai~~ ~'~ ~-~-_, ~-// ~ tM/~ ,/~./!_ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro§ram, or activity conducted by thc City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called f~r below and give to the City Clerk l~rior to the start of the Commission Meeting. ~ ~/~ . J- City Name /~9"' //'/~ .~/~,/~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and~ for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made~ which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS CommissionFill in the informatiOnMeeting, called for below and give to the City Cle~o the start of the City Name Address Telephone, Summary of Matter to b~ Addressed If a person decides to appeal any decis~e ~y the City Commi~ion with respect to any matter considered at this meeting, he/she will need a record of ~e proc~dinEs and, for such purpose, he/she may need to ensue that a verbatim record of the proceeders is made, which record includes ~e testimony and e~dence upon which the appeal is to be based. (F.S. 286.0105} The City s~ furnish appropriate a~ aids and se~ces where necessa~ to afford an indi~d~l with a disability an equal opportuni~ to pa~icipate in and enjoy the benefits of a se~ice, pro,ram, or acti~ conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity ~ order for the city to reasonably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk/prior to the start of the City Commission Meeting. ] ~J Name ~ ,/~' ~) 'b %~/ ~ff/ Address x/ Telephone# / Agenda ~ __.~ . Summary ofMattertobeAddrissed ~_?~ .~ ,~.~A!,,.~,~ ~ ~,'~~, _ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk~prior to the start of the City Commission Meeting. ~ . /'- Name ~.~_~ ?}//~--~ .~_.i }"/ _r'~ /~ ~ / Telephone, ~ ~ ~ ~ ~ // Agenda, ~- ~,.~ Summa~ of Matter to be Addressed ~D~ ~ ~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record inctudes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a sel'vice, program, or activity conducted by the City. Please contact Joyce Costello, (561] 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. , ~/) BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk~d~r to the start of the City Commission 'Meeting. Address /~///i Telephone # Agenda # Summary of Matter t~d ~a O~- ~ es ~~ ~ If a person decides to ap~ decision made by the City Commission with resp~y matter considered at ~is meeting, he/she will need a record o~~~~'~at a verbatim record of the proceedings is made, which record includes the test~ony and e~ e appeal ~ to be based (F S 286 0105) The City sha~ furnish appropriate a~ia~ aids and se~ces where necessa~ to afford ~ ~di~dual with a disability an equal opportunity to participate in and enjoy ~e benefits of a se~ice, program, or activity conducted by the City. Please contact Joyce Coste~o, {561) 742-6013 at least ~enty-fo~ hours prior to the program or acti~ ~ order for the city to reasonably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prio~~o the start of the City Commission Telephone# ~0'{~ /'t"'~''~ ~ Xgenda~ V*-~ S mma, att , to If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by th~ City. Please contact Joyce Costello, {561) 742~6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone#! Agenda # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting~ he/she will needa record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {56I) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk pr~l~o the start of the City Commission Meeting. Telephone # ~ ~ q~ ~i(''~ Y' ~~ Agenda # Summary of Matter to be Add~/~ 6 ~ .~ ~{~t/iL If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she w/Il need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.01051 The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to t~he/start of th.e '~ity Commission Meeting. ~,.,~ ~.~, ~'~?~ · -~??~ ~ ~ ~~~/. ~ Address ~/~'~'~ ~ ~ '~ ~ SummaryTeleph°ne'of Matter ~~,o 'e Addre,,ed~;~~~~_ ~~g..da~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. Strategic Initiative 2.10 Transform the development review process in Boynton BeaCh to a facilitative approach as opposed to a restrictive approach Status Report May, 2001 Team Members: Kurt Bressner, City Manager Lusia Galav, AICP, Principal Planner Jeff Livergood, P.E., Public Works Director Tim Large, Building Code Administrator Scott Blaise, Code Compliance Administrator Ed Yates, Occupational License Manager Jeannie Heavilin, CRA Board and Chamber of Commerce Jose Aguila, CRA Board Strategic Initiative 2.10 Status Report May, 2001 Background Strategic Initiative 2.10 was developed to "Transform the development review and implementation process in Boynton Beach to a facilitative approach as opposed to a restrictive approach". A City staff team, chaired by Lusia Galav, was created to address this initiative. During initial team meetings, it became apparent that most perceived concerns about the development process involved permit administration of smaller developments. Thus, the team has concentrated its efforts in this regard. The team recognizes that there are a number of other concerns throughout the City relative to various zoning issues that have been commingled with permit related concerns. Because zoning issues are being addressed in Strategic Initiatives 2.1 and 2.2, the team has dealt strictly with matters related to the permit process. Findings and Investigations The team has identified three primary topics that merit further evaluation. Although these topics do not capture all identified concerns, it is the opinion of the team that by evaluating these three topics then we will have addressed the vast majority of concerns related to the City's permit process. The three topics, and further discussion of each, are as follows: 1. Land Development Regulations The Strategic Initiative Team clearly understands that it is essential to review the various regulations imposed upon builders and developers. Although not all inclusive, many of these regulations are typically associated with local building codes. The team believes it essential to evaluate these regulations to insure that our application of various codes is consistent with standard practice in other communities throughout South Florida. Furthermore, it is the opinion of the team that many perceived concerns by our customers may not lie in the derivations of the codes or regulation themselves. Rather, concerns are likely based upon our local, and sometimes conflicting, interpretation of same. This team will continue evaluation of various codes and regulations and a summary of our findings and recommendations will be included in our final report. 2. Education of our Customer(s) and Staff The Strategic Initiative Team recognizes that many perceived concerns about the permit and development process are well founded and valid. However, we readily opine that many concerns, some highly visible, are not so much rooted in problems associated with City process, rather they are based upon ignorance, in a polite way, of our customer. We find that we have, at times, incorrectly expected our customers to be well versed in City code, laws, and policies and we have become frustrated to fmd that they are not. Many of the concerns raised by our customers are not initiated by repeat customers that are familiar not only with our codes and processes, but our staff as well. These repeat customers are often times contractors and small developers that know their responsibilities and act accordingly. This is not to say that some repeat customers have experienced frustrations similar to first time applicants. We find, however, that many concerns are raised by the small business owner or individual homeowner. It is these individuals that are usually undertaking a one-time building addition, for example, and need our help. We have learned that we must assume that the customer does not know our codes and policies and that it is incumbent upon us to develop a process that allows us to teach and educate our customers. It is the intent of the team to develop a training program for potential future permit applicants. We are hoping to develop this program jointly with the Chamber of Commerce. In addition to customer education, we recognize that it is equally as important to fully educate and tram our City Staff. Thus we will encourage employee training in areas such as customer relations so that we can better instill m staff a desire to focus on addressing customer needs. We will also tram employees to better coordinate activities between the various internal disciplines. It is our desire to help the customer in a positive way. 3. The permit process. This particular point has consumed the largest portion of the Strategic Initiative Team's time. Early on, we found ourselves addressing, second hand, rumored concems of many of our permit customers. Thus, we found it necessary to conduct an informal workshop to hear from some of our customers that had experienced problems with City process and/or staff as part of a building permit. We conducted a workshop on April 25 and were very pleased with the candid conversation and input we received. We learned that there are specific issues related to a number of topics that generated broadly based themes. We believe it necessary to further evaluate, for example, the number and types of permits issued by the City. Do we assess an inordinate amount of permit requirements and fees such that Boynton Beach is more rigid than other communities? Do we assess permits and fees for legitimate regulatory control or do we assess these simply to garner revenue? We learned that many of our customers questioned the relationship between a building certificate of occupancy and how that relates to a business occupational license. We found that many of our customers were confusing the two entities and thus, incorrectly assuming that they were interchangeable. Our team desires to further explore the relationship between building occupancy and occupational licensing requirements. The vast majority of our team discussion has involved the overall structure of the City's permit process. We understand that many of our customers feel as if they get lost in the shuffle, not unlike we all find ourselves as consumers feeling in our private lives when we deal with private business. Our customers have expressed concern about a perceived lack of consistency between various staff members that must interpret and adjudicate various codes. Because the human element is so critical in our process, it is our responsibility to do our best to minimize inconsistent direction and/or communication with our customers. The team also heard clearly that there is a desire on the part of our customers to provide them with a liaison. Customers desire to have one central contact that will help them through the permit application process and continue until such time that construction is complete and final. We intend to create this process and will develop this structure as part of our final report. To address other concerns raised by customers, we believe it essential to create a number of "checklists" that will help guide applicants through the permit process. We hope to use this procedure to minimize the number of incomplete submittals by applicants. We plan to research various software applications so that permit tracking by applicants can be done on the internet and we further intend to better track internal permit processing on our existing H.T.E. system. Summary We have provided this interim report to advise of the status of this initiative. We anticipate completing all referenced research components and hope to draft a final report for consideration by the City Manager and City Commission by October 1, 2001. Our action items are as follows: 1. Develop an inventory of existing City permits to determine the validity of value of each. Make recommendations concerning either the elimination or modification of same. 2. Review Land Development Regulations. The City should consider contracting this work so that an independent review is conducted. It is desirous to develop regulations that are, to some degree, consistent with the direction of surrounding communities. 3. Develop educational materials and programs for customers and staff. The Planning staff is currently revising the development manual. 4. Identify specialized customer service training for City staff. Foster consistency and customer understanding among staff. 5. Research electronic tools and software applications to facilitate both internal and external permit monitoring. 6. Create an enhanced staff'mg structure that will accommodate liaison activities. STRATEGIC INITIATIVE 6.5 ClTYWlDE STORM DRAINAGE PROJECTS 1) Downtown Stormwater Phase 1 All of the piping network is in place, and the retention pond, along with all of its surface elements, are completely functioning. There are still a few punchlist items that are currently being worked on. Deficiencies should be corrected shortly and the project should be completely closed out. 2) Industrial Avenue/Lake Boynton Estates Stormwater Project Design work on the project is complete. We anticipate that the project will be publicly bid starting on July 9th. Construction should begin on November 9th. We are holding a neighborhood construction meeting with all interested property owners on July 11th at 6:30 pm in the City Commission Chambers. 3) Costa Bella Stormwater Project Design work on the project is complete. We anticipate that the project will be publicly bid starting on June 25th. Construction should begin on October 15th. We are holding a nei,gthhbOrhood construction meeting with all interested property owners on June 27 at 6:30 pm in the City Commission Chambers. 4) Downtown Stormwater Phase 2 The City Commission just recently approved this Task Order. The design work is just getting started. It is anticipated that design and permitting could take upwards of 12 months. Actual construction could take another 12 months. Therefore, the timeframe for this project is upwards of a total of 24-30-months. 5) N.E. 7th to N.E. 10th Avenues/20 Outfalls to the ICVWV/Phase 6 Water Main replacement This multi-task project is currently in the eady stages of design, including the very complicated geo-technical research. We are also in the early stages of property acquisition associated with 'the collection of stormwater. We anticipate that the design .will be complete in {he Fall of this year, with a projected bid date of January~t, 2002.- ~ ~ 6) Mariner's-Way Seawall Replacement and Stormwater Improvements The draft design report has been received and returned to the consulting engineer with staff's comments. Final design and bid documents are scheduled to be completed on or about July 15, 2001. We are anticipating a bid date of November 2, 2001. 7) Citywide Master Swale Improvement Project This project has been put on temporary hold. We do have a draft Task Order from our consulting engineer to begin the design of the project, but that Task Order is not being advanced to the City Commission at this time because the Master Swale Project effort was determined to be lesser of a priority than the other neighborhood specific projects mentioned above. MOYLE, FLANIGAN, I~ATZ, P~kYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 Nozth Flagler Drive - 9~ Floor West Palm Beach, Plorlda 33401-402 P-O. Box 388g West Palm Beach, Florida 33402-3888 MAp~ E. R~oNv Direct Line: (561) 822-0380 E-mail: ramymend~moyleiaw, corn Telephone: (561) 659-7500 Facsimile: (561) 659-1789 June 19,2001 Tallahasse¢ Office (850) 681-3828 Honorable Mayor and Members of the Ciw Commission City of Boynton Beach, Florida RE: Utility System Revenue Refunding Bonds, Series 2002 Dear Mr. Mayor and Members of the City Commission: On May 15, 2001, the City Commission authorized City staffand consultants to proceed with refunding of ~]l of the City's outstanding Utility System Revenue Bonds, Series 1992, I am pleased to report, that this afternoor, your underwriter, Bank of.America Securities LLC, oompletcd the offering of the City's Utility System Revenue Refunding Bonds~ Series 2002, with the following resutts: Issuance of the Series 2002 Bonds will result in a cash payment to the City on August 6, 2002 in the amount of $2,458,161.77. This £gure is net of all costs associated with the bond issue. In addition, on or about November 1, 2002, the City will receive an additional payment which we are presently estimating at between $195.000 and $200,000, bringing the total payments to the City to approximately $2,654,000. · Debt service on the Series 2002 Bonds is slightly less than the debt service would have been on the 1992 Bonds. The remaining tasks to complete the bond issue simply involve the completion of various paperwork. I am quite pleased to have had the opportunity to work on this financing and appreciate the opportunity to be of continuing service to the City. Should any of you have any questions concerning this or any other public finance matters, please do not hesitate to contact me. Ml~R/ct cc: Kart Bressn~r Ve~ ~xuly yours, Mark E. Raymond The Ci of Bo Inton Beach OFFICE OF THE CITY MANAGER 1 O0 E. Boynton Beach Bouleuard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-5010 FAX: (561) 742-6011 e-mail: city. managen~L~i, boyntombeack fl. us wwu~.ci, boynton-beacl~ fl. us To: From: City Commission Kurt Bressner, City Manager Date: June 5, 2001 Subject: Draft Boynton Beach Fire Rescue Assessment Report Please find a copy of a draft report prepared by GSG (Government Services Group, Inc.) at the request of the City. The City retained GSG earlier this year to conduct the research and analysis necessary for consideration of a Fire Rescue Assessment. The report details the estimated cost of the assessment based on various alternatives. The final budget numbers (which will be lower) are being completed. This will have the effect of reducing the assessment costs slightly. I will be asking GSG to prepare a supplemental estimate of the assessment as an addendum to the report. This will be presented at the City Commission Workshop scheduled for 5 PM on June 19th. Special thanks-goes.to the Fire Department staff and the Finance Department staff for their hard work on getting the information requested by GSG. Cc: James Cherof Wilfred Hawkins William Bingham Diane Reese Diana Johnson, Boynton Beach Chamber of Commerce Wayne Segal Janet Prainito (public inspection copy) Virginia Farace (reference section copy) Press (Palm Beach Post, Sun-Sentinel) Camille P. 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' It ir , -7 *"....4%....-- io:11 71 agile -1111111111.hi . ... Irliltriall AI.'._.,,,t-ii P,.1...-. FirC . ._ . .- Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. Discussion Topics � o 1 . Case Law Criteria 2. Data Components of the Apportionment Methodology 3 . Apportionment Methodology 4. Preliminary Rate Scenarios 5. Issues 6. Policy Direction 7. What's Next? 8. Public Hearing Process Government Services Group, Inc. Nabors, Giblin &Nickerson, P.A. 1 CASE LAW CRITERIA • Special Benefit to Property is Fair and Reasonable Apportionment Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 2 Data Components of the Agg_ortionment Methodology ■ Call/Incident Data • City' s Ad Valorem Tax Roll • Fire Rescue Budget - Proposed Fiscal Year 2001 -02 Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. Apportionment Methodology • Cost Apportionment - uses proforma budget and historical demand for fire rescue services • Parcel Apportionment - uses results of cost apportionment and ad valorem tax roll data to determine unit costs Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 4 • Cost Apportionment: •Based on Historical Demand for Fire Rescue Services Number of Fire Percent of Rescue Total Portion of Property Category Incidents Incidents Budget Single Family Residential 712 33.62% $1 ,721 ,527 Multi-Family Residential 522 24.65% $1 ,262,130. Commercial 476 22.47% $1 , 150,908 Industrial/Warehouse 67 3.16% $161 ,998 Institutional 175 8.26% $423,128 Nursing Homes • 166 7.84% $401 ,367 TOTAL -- • 100o067. $5,121,058 Government Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 5 Parcel Category Parcel Apportionment Residential • Residential Single Family Dwelling Unit • Multi-Family Non-Residential • Commercial Improvement Area Per Building • Industrial/Warehouse Within Square Footage • Institutional Classifications • Nursing Homes Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 6 Preliminary Rates • All Categories for Fiscal Year 2001-02 100% of Assessable Costs = $5,121,058 lob RESIDENTIAL PROPERTY •. i s USE CATEGORIES Rate Per Dwelling Unit Single Family Residential $106 Multi-Family Residential $113 F [ NON-RESIDENTIAL PROPERTY USE Building Classification Industrial/ Nursing CATEGORIES (in square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 235 $ 75 $ 382 $ 1,256 2,000 - 3,499 $ 470 $ 149. $ 763 $ 2,512 3,500 - 4,999 $ 822 $ 261 $ 1,335 $ 4,397 5,000 - 9,999 $ 1,174 $ 373 $ 1,908 $ 6,281 10,000 - 19,999 $ 2,348 $ 746 $ 3,815 $ 12,562 20,000 - 29,999 $ 4,696 $ 1,492 $ 7,631 $ 25,125 30,000 - 39,999 $ 7,044 $ 2,238 $ 11,446 $ 37,687 40,000 - 49,999 $ 9,392 $ 2,984 $ 15,262 $ 50,249 __..___..__ ..... ._ ....____ > 50,000 $ 11,740 $ 3,730 $ 19,077 $ 62,812 Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 7 • Preliminary Rates • All Categories for Fiscal Year 2001-02 85°A of Assessable Costs=$4,3529 899 Nex- Wir7G\ri r) v), RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family Residential $90 Multi-Family Residential $96 NON-RESIDENTIAL PROPERTY USE Building Classification Industrial/ Nursing CATEGORIES (in square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 200 $ 63 $ 324 $ 1,068 2,000 - 3,499 $ 399 $ 127 $',I:' : ;' 649 ' $ 2,136 3,500 - 4,999 $ 699 $ 222 $ 1,135 $ 3,737 5,000 - 9,999 $ 998 $ 317 $ $ 5,339 10,000 - 19,999 $ 1,996 $ 634 $ 3,243 $ 10,678 20,000 - 29,999 $ 3,992 $ 1,268 $ 6,486 $ 21,356 30,000 - 39,999 $ 5,988 $ 1,902 $ 9,729 $ 32,034 40,000 - 49,999 $ 7,983 $ 2,536 $ 12,972 $ 42,712 > 50,000 $ 9,979 $ 3,171 $ 16,215 $ 53,390 Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 8 Preliminary Rates . All Categories for Fiscal Year 2001-02 75% of Assessable Costs=$3,840,794 RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family Residential $80 Multi-Family Residential $85 NON-RESIDENTIAL PROPERTY USE Building Classification Industrial/ Nursing CATEGORIES (in square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 176 $ 56 $ 286 $ 942 2,000 - 3,499 $ 352 $ 112 $ 572 $ . 1,884 3,500 - 4,999 $ 616 $ 196 $ 1,002 $ 3,298 5,000 - 9,999 $ 881 $ 280 $ 1,431 $ 4,711 _ ..___.__._._._ ._.._.___.... 10,000 - 19,999 $ 1,761 $ 560 $` 2,862 $ 9,422 20,000 - 29,999 $ 3,522 $ 1,119 $ 5,723 $ 18,844 30,000 - 39,999 $ 5,283 $ 1,679 $ 8,585 $ 28,265 40,000 - 49,999 $ 7,044 $ 2,238 $ 11,446 $ 37,687 > 50,000 $ 8,805 $ 2,798 $ 14,308 $ 47,109 Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 9 AIN Preliminary Rates All Categories for Fiscal Year 2001702 65% of Assessable Costs =$3,328,688 RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family Residential $69 Multi-Family Residential $73, • NON-RESIDENTIAL ' PROPERTY USE Building Classification Industrial! Nursing CATEGORIES - (in square foot ranges) Commercial Warehouse Institutional_ Homes < 1,999 $ 153 $ 48 $ 248 $ 817 2,000 - 3,499 $ 305 $ 97 1 496 $ 1,633 µµ µ __ __. 3,500 - 4,999 $ • 534 $ 170 $ 868 $ 2,858 5,000 - 9,999 $ 763 $ 242 $ 1,240 $ 4,083 10,000 - 19,999 $ 1,526 $ 485 $ 2,480 $ 8,166 20,000 - 29,999 $ 3,052 $ 970 $ 4,960 $ 16,331 30,000 - 39,999 $ 4,579 $ 1,455 $ 7,440 $ 24,497 40,000 - 49,999 $ 6,105 $ 1,940 $ 9,920 $ 32,662 __„__ _.. ...... _..._.__...._ _ > 50,000 $ 7,631 $ 2,425 $ 12,400 $ 40,828 Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 10 ISSUES 1 . Nursing Homes 2 . Exemptions - Institutional, Tax-Exempt - Government Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 11 PolicyDirection • Rate Scenario • Issues • Nursing Homes • Exemptions Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 1 2 What' s Next • Implementation p rocedures initiated o Ordinance — 1st and 2nd reading o Initial Assessment Resolution o Final Assessment Resolution Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 13 Public Hearing Process ■ Mailed notice to every property owner ■ Brochure to provide public information ■ Phone bank to answer questions • Public hearing- date, time,- place Government Services Group, Inc. Nabors, Giblin & Nickerson, P.A. 14