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Minutes 05-06-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 6,2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Woodrow L. Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Commissioner Hay C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor D. A Moment of Silence in honor of SPC Benjamin Brosh of the 101st Airborne, Delta Demons, our City's adopted military unit. SPC Benjamin Brosh was killed in action on April 18, 2008 in Iraq, south of Samarra. Mayor Taylor called the meeting to order at 6:31 p.m. An invocation was given by Commissioner Woodrow Hay followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. Mayor Taylor asked all to observe a moment of silence for SPC Benjamin Brosh on his passing. Mayor Taylor read a brief letter to the Brosh family sent on behalf of the City Commission. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Weiland added discussion of a letter needed by Auburn Development regarding affordable housing in the Quantum area. He researched the issue and wanted discussion on it to provide the opportunity for the developer to obtain what he needed. This item would be added to Unfinished Business. Commissioner Ross had an ordinance about the Green Task Force. This was added to New Business, Item B. 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 II. OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland announced, in reference to the conference they attended in St. Louis with CRA staff, it would be appropriate that Commissioner Ross speak about green initiatives. He noted at the conference, the issue was a topic of discussion which provided an opportunity to see what other communities across the country were doing. Commissioner Ross explained most of the information would be pertinent to the Development Department although there were CDBG initiatives and efforts such as "Going Green with Finance". She advised she would like to provide that information within the next few weeks and added staff members would receive the information as well. Mayor Taylor announced a library was being set up in the City Commission meeting room for this purpose. As the information is brought in, the City Managers Office would organize it and all would have access to it. Commissioner Hay remarked the workshop was excellent and he thought it was a great investment as it provided the members with the information needed to make good decisions. He networked and exchanged contact information with other municipalities and agencies to ascertain what could be done that would help the City. One item that could be explored was the numerous funding sources the City may not be taking advantage of and he would speak with staff to investigate those options. The information helped them be better Commissioners and CRA members. On another matter, Commissioner Hay commended Steve Waldman, Chair of the Education and Youth Advisory Board, on the Youth Volunteer Award Banquet. The Youth Bank has been in existence since 1998 and he was encouraged to see young people recognized for volunteer activities. He hoped more young people would become involved and commented those efforts were good for Boynton Beach, for the students on their school transcripts, and as individuals. Commissioner Ross announced it was wonderful to attend the City Board Appreciation Dinner for all the advisory boards. She was glad the City was able to hold it this year and she thanked the members who attended. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Oceanfront Concert on Friday, May 16, 2008 featuring live music and dancing from 6 p.m. to 9 p.m. at Oceanfront Park. Kathy Biscuiti, Special Events Manager, announced this concert was the last concert of the series for the season. The concerts attracted individuals of all ages, and attendance was very good. There was free onsite parking and shuttle transportation from 5:30 p.m. to 9:30 p.m. from 2 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Bank of America. The tentative schedule for next season was set for the third Friday of the months of January, March, April and May of 2009. B. Community and Special Events: None C. Presentations: 1. Proclamations a. Kids Day America/International - May 18, 2008 Mayor Taylor proclaimed May 18, 2008 as Kids Day America/International. This proclamation would be mailed out. b. North American Occupational Safety & Health Week, May 4-10, 2008 and Occupational Safety & Health Professional Day, May 7, 2008 Mayor Taylor invited Ms. Toni Burrows, Executive Vice President of the Safety Council of Palm Beach County, Chuck Magazine, City of Boynton Beach Risk Manager and member of the Board of Directors of the Safety Council of Palm Beach County, and Mark Bobich, Safety Administrator and Member of American Society of Safety Engineers to join him. Mayor Taylor read the Proclamation and proclaimed May 14-10, 2008 as North American Occupational Safety and Health Week and May 7, 2008 as Occupational Safety and Health Professional Day. Ms. Burrows thanked the Mayor and City Commission for the Proclamation and for allowing Mr. Magazine to join the Safety Council Board of Directors. She expressed safety was important whether it was at home or on the job. c. Municipal Clerks Week - May 4-10, 2008 Mayor Taylor invited Janet Prainito, City Clerk to join him as he proclaimed May 4-10, 2008 as Municipal Clerks Week. Ms. Prainito thanked the Mayor and City Commission for the Proclamation. Ms. Prainito announced the work of the City Clerks Office could not be accomplished without the staff. d. Nurses Week - May 4-10, 2008 Mayor Taylor invited Geralyn Lunsford, RN and Vice President of Patient Services at Bethesda Hospital, to join him as he proclaimed May 4-10, 2008 as Nurses Week. Mayor Taylor read the Proclamation and explained the nurses at Bethesda Hospital were the human touch. Ms. Lunsford thanked the Mayor and City Commission and accepted the Proclamation. She explained it was an honor to represent the 800 nurses who work at the 3 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 hospital who provide the community and Boynton Beach with the highest quality of care in a professional and caring manner. She pledged they would continue to strive for excellence. 2. SFWMD - DCA Requirement for 10 Year Water Supply Plan Fred Rapach, SFWMD Palm Beach County Service Center Director, reviewed a PowerPoint presentation. He prefaced his presentation by announcing the Water Management District has nine service centers/local business offices that deal with local issues and municipalities. Mr. Rapach explained many questions arise about water supply/management issues and growth. Local growth and land use decisions are dealt with by local government but state government wanted to link water supply and land use decisions. In 2007 the water management district passed a regional water supply plan. Florida Statute 162.3 required local governments to incorporate the 10 year water supply into their comprehensive plans within 18 months. This would strengthen the link between water supply plans and local land use planning efforts and was a sub element as a water resource element in the local comp plan. The concept was to avoid putting additional stress on the system. Alternative water supply projects were being reviewed and Mr. Rapach commented the City has a good reuse plan. Conservation programs were needed, but Florida needed to go further. He reviewed different activities and multi-jurisdictional activities needed to be included in the 10 year plan. Municipalities were notified of the additional requirements and once the plans are submitted and reviewed and approved by DCA, the SFWMD would update their water supply programs. They would review and comment on submitted local plans and would provide technical assistance. There would be funding assistance, but some funding programs could be significantly reduced this year. Mr. Rapach distributed a draft outline in written text on how to prepare and submit the 10 year plan. He summed up they were in a long term drought and a few weeks ago they were in Phase 3 water restrictions which was changed to Phase 2. The effort was intended to be a conservation effort in a positive light, while not being wasteful of the water resource. As an example, the idea was to give proper water applications to yards and have landscape irrigation that was reasonable so plants can thrive. Mayor Taylor inquired about credits for reuse efforts. It was explained there were credits for those efforts, and when the consumptive use permit was reviewed, they would try to provide some assistance. Mayor Taylor felt good about what the City was doing and advised there was an item to expand the reuse system later on in the agenda. They were making other efforts as well. As far as conservation education, they were educating the public and giving away playing cards with 52 ways to conserve water. Mr. Rapach agreed the City was making great efforts and should be commended. 4 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Nancy Chandler, 914 NE 7th Street, explained at the last meeting the board decided to create a map of the brownfield area. She wanted to ensure the public had the opportunity to view the map to verify the areas shown were the areas designated and these would only be in industrial areas, commercial areas, two specific Heart of Boynton Projects, and no neighborhoods. Kurt Bressner, City Manager, explained the maps were still being prepared and would be available by the May 20th meeting. The item would be on the agenda as an action item and the City Commission would ensure the depictions on the map were commensurate with their recommendations. A resolution would also be adopted to authorize the next stage in the process. The brownfield areas were, in general, the areas that Ms. Chandler described but there were other redevelopment areas besides the two she identified. He explained the City Commission did not limit themselves to only those two redevelopment areas and having other areas would be a policy decision for the City Commission. After that they would draft the legal description of those areas. Commissioner Weiland explained there were redevelopment areas, blighted areas and residential areas along Federal Highway that were west of Federal Highway, between the railroad tracks, north and south of Boynton Beach Boulevard and north of SW 12th that were potential redevelopment sites. Ms. Chandler indicated those areas should be included in industrial and commercial designations. Commissioner Weiland explained they were neighborhoods and they were developed as neighborhoods. Ms. Chandler commented areas cannot constitutionally be designated as "blighted" and she wanted to know how to get out of that status, as well as getting out of a "brownfield" status. Mark Karageorge, 240A Main Boulevard, spoke about the passage of Proposition 1 and the cuts needed to have a balanced budget. He complimented the board for past and current work on behalf of the City and for having sound fiscal management. He expressed no cuts should occur within the Fire and Police Departments. He suggested some programs be reviewed for cost effectiveness and that some departments should have cuts. He elaborated Code Compliance was underfunded. He expressed there was a surplus of $24M and noted the cost of benefits rises every year which is subsidized. He hoped the City would use a conservative approach in a sound fiscal manner. Warren Timm, 130 NE 26th Avenue, was in favor of bringing in new businesses and fostering existing business in Boynton Beach. He explained they bring in revenue to the City and they should be assisted. He expressed concern about the increase in fees for the Business Tax Receipts. He thought if they could accomplish this without increasing the fees 5%, it would help encourage business to relocate to the area and to retain existing businesses. 5 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Victor Norfus, 261 N. Palm Drive, thanked the City Commission for the restroom upgrades at Sara Sims Park. One of the issues presented to the prior board was to bring back a citizen CRA and he inquired when that process would begin. He expressed the Supreme Court and Florida Justice System was reviewing the CRA funding and TIF funding. That funding was more of a tax revenue as opposed to a citizen rebuilding effort. Delray complained about having their funding removed. He hoped the members would put community members on the CRA. Mayor Taylor responded the tax money collected from that area stays with that area. It does not take away from the City. Commissioner Weiland expressed he did not want to be a CRA member; however, with the direction they were moving in and the continuity they have, he was in favor of discussing the concept of adding civilians to the board at a future time when the board felt it was appropriate. Herb Suss, 1711 Wood Fern Drive, complimented the City Commission for the Advisory Board Appreciation Dinner and the holiday table that was offered. He also indicated he would like to see the CRA returned to civilian control. He indicated promises were made during the campaign that should be kept. No one else coming forward, Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Accept the resignation of Patti Hammer, a regular member of the Recreation and Parks Board. Motion Commissioner Ross moved to accept the resignation. Commissioner Weiland seconded the motion that unanimously passed. B. Appointments Mayor Taylor passed on his appointments. Commissioner Weiland tabled his appointments. Appointment Length of Term To Be Made Board Exoiration Date II Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 IV Ross Bldg. Bel of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) II Weiland Community Relations Board Alt 3 yr term to 12/10 III Rodriguez Community Relations Board Alt 1 yr term to 12/08 6 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 II III Hay Rodriguez Education & Youth Advisory Board Education & Youth Advisory Board Alt Alt 1 yr term to 12/08 Tabled (3) 1 yr term to 12/08 Tabled (3) Motion Commissioner Hay appointed Roberta Fasano. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Mayor Taylor I Weiland Library Board Library Board Alt Alt 1 yr term to 12/08 1 yr term to 12/08 IV Ross Police Pension Board Reg 2 yr term to 12/08 Motion Commissioner Ross appointed Jason L1opis. Commissioner Hay seconded the motion. The motion passed unanimously. IV Ross Senior Advisory Board Alt 1 yr term to 12/08 Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Motion Commissioner Hay moved to table all other appointments. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. 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. Regular City Commission - April 15, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "TWO YEAR BID FOR THE PRINTING OF THE FUN FARE MAGAZINE", Bid #033-2710-08/JA, to Lake Worth Herald Press, Inc. in the annual amount of $17,280. 7 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 2. Multi-award of the "ONE YEAR PIPE FrmNGS AND ACCESSORIES" Bid #030-1412-08/JA, to various vendors on an "AS NEEDED BASIS" for an estimated annual expenditure of $240,000. Commissioner Hay pulled Item VI.B.2. for discussion. Commissioner Weiland left the dais at 7:23 p.m. C. Resolutions 1. Proposed Resolution No. 08-059 RE: Ratifying the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on April 17, 2008. a. Authorization to increase our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2007/2008 to .2552./1,000 gallons. C. Approve the use of $500 for Gulf Stream Council Inc., Boy Scouts of America from Mayor Taylor's Community Investment Funds. Motion Commissioner Ross moved to approval of the Consent Agenda less Item B.2. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI.B.2. Multi-award of the "ONE YEAR PIPE FrmNGS AND ACCESSORIES" Bid #030-1412- 08/JA, to various vendors on an "AS NEEDED BASIS" for an estimated annual expenditure of $240,000 Commissioner Hay inquired whether the $240K for pipe fitting had factored in the gasoline impact and if it would change the unit prices. Although the price was within the budgeted amount, Mr. Bressner advised they would look at a number of commodities and verify with Purchasing if there was a price escalator. Motion Commissioner Hay moved approval. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. (Commissioner Weiland not present for the vote.) VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None 8 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Award Bid #039-2821-08/0D, "PHASE 1A AND PHASE 1B, RECLAIMED WATER SYSTEM, CONTRACT 2", to Expertech Network Installation, Inc., and execute a contract in the amount of $2,672,557.28 plus an owner's contingency of 10% in the amount of $267,255.72 for a total project budget appropriation of $2,939,813. (Proposed Resolution No. RDB-D57) Commissioner Weiland returned to the dais at 7:25 p.m. Peter Mazella, Deputy Director of Utilities, reviewed the report and announced in addition to the bid packet, he would distribute an additional map. He explained the City already has a large pipeline that extends up Congress Avenue and turns west on Woolbright. This pipeline serves six golf course communities. The average reclaimed water pumped to those locations averaged 3M gallons per day (GPD) on a year-round basis and which doubled during dry season. The Phase IA and 1B Contract would extend the main eastward on Golf Road and east on Sea crest to eventually reach the City Hall complex. This would be the terminus of the phase. The map showed the potential customers plus the estimated GPD customers could use based on irrigated areas of the sites. For this project, that use would amount to 1M GPD and about half would displace the potable water that was currently used for irrigation. The advantage of the project was they were gaining about .5M GPD of potable water. The contract required about 8K linear feet of pipes, installation of the backbone system, plus a few stubs to service communities such as Bethesda Health Services Center, Sterling Village, Forest Park Elementary and others along the route. Mr. Mazella announced at this time, the sprinkler regulations did not apply to reuse water. Commissioner Ross left the dais at 7:29 p.m. There was discussion on the time frame of the project. The Notice to Proceed was anticipated to be issued to the contractor in about one week, once the bonds and insurance were turned in. The target date for Phase 1A (to Sea crest between 23rd and Sea crest) would hopefully be in September and then continue further north. Mr. Bressner commented the Governor was going to sign legislation requiring Delray/Boynton and other wastewater users currently using ocean outfalls to discontinue the requirement. This project would be in compliance with that requirement. Overall, the average daily flow of daily 9 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 effluent available for reuse was about 16M-18M GPD. Mr. Bressner thought the benefit of the project was for everyone. Commissioner Hay inquired if the $1.5M grant was included in the total cost. Mr. Mazella responded they could not subtract the grant funds from the project cost. The grant was a 40% reimbursable grant based on what the City spent in the allotted time frame. It was anticipated that amount would be less than $1.5M. The grant also includes the push under 95. Vice Mayor Rodriguez inquired how long it would take for the City to recover the investments. Mr. Mazella explained that depended on the rate charged and no firm rate was set. They were still negotiating with the water authority regarding what their pass through costs would be. He explained in order to recover the full investment, they would need to create a fairly high rate structure. Mr. Bressner advised the City's share of the construction costs were included in the City's Revenue Bond issued and in essence, the ratepayers were already paying it back. Mr. Bressner advised when they arrive at the recommendation, they would suggest there be a partial payback on the debt service and construction cost to make the pricing attractive. Commissioner Ross returned to the dais at 7:38 p.m. Mr. Mazella explained this portion of the contract was coming from Capital Facilities Fees. For the moment, the City was within the allotted time frame but they were pushing the limit. The City has had conversations with the Water Management District to demonstrate due diligence, in the hope they would grant the City a four month extension. Motion Commissioner Hay moved approval. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Request an appropriation from the General Fund Contingency Account in the amount of $25,000 to place a police security detail at the Wilson Park Complex through the end of the 2007-2008 Fiscal Year. Mr. Bressner explained staff experienced increased activity at the Sims Center during the spring break. In order to establish the Sims Center as a safe place for the entire community, staff recommended an increased police presence, and advised it was appropriate for the summer vacation. Similar to the Hester Center, the Library and other centers, that has an additional police presence, they recommended for the balance of the fiscal year, the Commission appropriate the additional dollars. After this time period, the costs would be rolled into the next fiscal year. Mr. Bressner explained the budget did not include this amount. Mr. Bressner accepted blame, along with staff, for not including those fees in the budget. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 The Commission members expressed the need for residents to feel safe. It was noted the CRA hired five additional officers, and the assignment would allow the City to be proactive. The hours of operation at the Sims Center were Monday through Friday from noon until 9:00 p.m., for the general public, unless the Youth Violence Prevention Project has an activity. On the weekends, the center opened at 9:00 a.m. until 2:00 or 3:00 on Saturdays. Motion Vice Mayor Rodriguez moved to approve. Commissioner Hay seconded the motion that passed 4-1 (Commissioner Weiland dissenting.) X. FUTURE AGENDA ITEMS: A. Discussion of funding electronic agenda software - May 20, 2008 B. Review new resolution for enclave annexation (Tabled on February 19, 2008) C. Brownfield Follow-up Report - May 20, 2008 D. Workshop on 2008-09 Preliminary Budget and Fire Assessment - May 20, 2008 E. Follow-up on CIP Budget - May 20, 2008 F. Follow-up on Changes to Residential Solid Waste Pick-up Program - May 20, 2008 XI. NEW BUSINESS: A. Provide staff with administrative authority to negotiate certain provisions of the City's Noise Control Ordinance with Palm Beach County for the Woolbright Road Intracoastal Bridge Repair & Maintenance scheduled to occur between June 2, 2008 and September 9, 2008. Mayor Taylor announced the City needed to work with the County on the noise that would affect neighborhoods while the bridge was being repaired. Commissioner Hay asked whether notice was provided to the citizens and whether any comments from police and fire regarding access were received. Mr. Bressner explained at this time, communications from Palm Beach County had only been directed to the affected municipalities. It was acknowledged there were concerns while the bridge was closed in both lanes, alternative access routes would be needed during the construction. They were also working with Palm Beach County regarding the hours of construction in order to allow for more hours so the contractor could finish the project sooner. Having half the bridge open at a time was not feasible. They were working with the public safety agencies, and Ocean Ridge suggested liberal hours of construction be given to expedite the project's completion. Those 11 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 hours were beyond Boynton Beach's normal hours so the item needed approval. The bridge would be closed all summer. Commissioner Hay asked whether the contractor had given assurances they were within the decibel level guidelines. Mr. Bressner would be meeting with Palm Beach County and the contractor and would bring it to their attention. The work hours would be 7:00 a.m. to 7:00 p.m. but loud work and equipment would be limited to 8:00 a.m. to 5:00 p.m. There would be no loud work on Sunday. Vice Mayor Rodriguez wanted to know about the decibel restrictions. Scott Blasie, Code Compliance Administrator, explained between 7 a.m. and 10 p.m. the levels were 55 decibels. He clarified there was an exemption in the Code for emergency type issues. Vice Mayor Rodriguez inquired about the 10 decibel maximum at a given time. It was clarified there was the 55 decibel maximum, measured over a minimum ten-minute period. The five to ten decibels indicated in the meeting materials were over the 55 decibels on a sustained basis. Most domestic yard equipment was more than that. However, in the past, staff had included additional items such as putting barriers around generators and other measures to reduce the noise. There was a presumption that for these projects, the residents would have to suffer. It was noted staff does the best they can to try to protect them. In the immediate project area, there was residential on one side, and commercial on the other. Mayor Taylor thought 8:00 a.m. to 5:00 p.m. was reasonable. Mr. Bressner explained all infrastructure needed repair and there is no convenient time to do it; there would be some inconvenience. It was not known whether the bridge posed any immediate danger but it was thought the best option should be to shorten the time the bridge would be out of service and to endure the noise. It was a balancing issue. Mr. Bressner suggested a motion to authorize staff to work with the contractor along the lines of Ocean Ridge's letter and they would provide the specifics of the decibel coverage per the City's ordinance. Motion Commissioner Hay moved to approve. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. B. Green Task Force Ordinance Commissioner Ross explained she had a draft ordinance from another city in Florida. The city has a resolution in place for the Green Task Force and she was interested in having an ordinance and discussion on the matter. 12 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Attorney Cherof explained other cities are ahead of Boynton Beach on the issues of Green Building Certification. They are ahead of the task force that exists for the Green Initiative, but thought the City Commission should see the ordinance to help move the process along. This item could be put on the next agenda for discussion and the Commission could give direction at that time. Mr. Bressner would like to have a fiscal impact analysis. Commissioner Weiland agreed. Carisse LeJeune, Assistant to the City Manager, announced the Task Force reviewed different ordinances on the issue from different agencies and localities and they were establishing a reduction in greenhouse gas emissions by a date certain. In order for the City to do that, they first needed to take their carbon footprint and they joined the International Council for Local Environmental Initiatives (ICLEI) which provides the software to do so. They were getting ready to collect data and enter the information. The information would then be presented to the City through a plan of action showing what it would take to reduce carbon emissions by certain percentages, with a cost attached to every percentage reduction the City selected. Mr. Bressner explained the City should review the ordinance because the ordinance Commissioner Ross and the City Attorney were proposing may not have that requirement. He was concerned with what type of staff or organizational costs were related to a Green Ordinance. The ordinance was lengthy and had a lot of detail, and when the time was right, the City could move forward with it. Commissioner Weiland requested a list of what the City was doing to stay "Green". Additionally, the Green Task Force has issued minutes of the meetings which were available for review. This item would be put on the first June agenda and they could have public discussion. Ms. Lejeune added they have conducted an audit of best practices for each department regarding conservation efforts. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-006 RE: Amending the Land Development Regulations, Chapter 2, Zoning, Section 2.HA, to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. Jim Cherof, City Attorney read Proposed Ordinance No. 08-006 by title only on second reading. Mayor Taylor opened the issue for public hearing. There were no comments received from the public. 13 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Motion Commissioner Hay moved to approve. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 08-008 RE: Approving the clarification of when benefits are payable for terminated vested participants of the Police Pension Fund; adds detail of Internal Revenue Code Section 415 language to the plan and lengthens the DROP election period from 20 to 25 years. Jim Cherof, City Attorney read Proposed Ordinance No. 08-008 by title only on second reading. Mayor Taylor opened the issue for public hearing. There were no comments from the public. Commissioner Weiland expressed concern they were getting rid of long term employees and it would increase buy-out costs. Gary Chapman, Chair of the Municipal Police Officers Pension Board explained the issue had two sides. It extended the employees an opportunity to enter the DROP from 20 to 25 years. The Fire Department has the provision and the General Employees' Plan has it. The plan actuary recommended the change as a reduction to the cost of the plan because it deferred paying the retirement benefit for an additional five years. This would be a cumulative amount and a savings. He explained there would be tenured employees thereby maintaining a knowledge base. The DROP was not a buyout, rather the Deferred Retirement Option Plan was a partial steering mechanism towards retirement that mandated at some point, the employee has to retire after they entered the DROP. In accordance with the Plan Actuary, this should be a no cost item to the City because the City was not paying those retirement benefits. There was a brief discussion about the actuarial contribution side versus the additional cost of retaining the officers five years longer in the higher pay category. There would be a higher cost on that side of the issue, but it was separate from the actuarial contribution. Commissioner Weiland was concerned with losing experienced workers and he wondered whether it was a good thing to look at the change at this time. With the paid program in place, the savings in reference to the tenured employees would most often be in rank and the savings would not be that distant. 14 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 When an employee enters the DROP, it provides an opportunity to an employee to retire. The employee is no longer making contributions to the pension plan. Their earnings are put into a deferred account within the fund. The amount of money contributed was contingent on how long an employee worked. The employee's retirement was based on the earnings made at the time they first entered the DROP, not the earnings at the end of the five year DROP period. The amount the City would be paying into the retirement and what the employee pays into it goes into a separate account that accrues at a certain rate, and is then available to be paid as a lump sum disbursement at the end of the DROP. It was noted once in the DROP, the employee did not have to stay the full five years and there was no guarantee anyone would enter the DROP. The ordinance just provided the opportunity to do so. Motion Vice Mayor Rodriguez moved approval. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Ross dissenting.) 2. Proposed Ordinance No. 08-009 RE: Approving the modification of the Fire Pension Plan to include the ability of its members to purchase permissive service credits. Jim Cherof, City Attorney read Proposed Ordinance No. 08-009 by title only on second reading. Mayor Taylor opened the issue for public hearing. There were no comments from the public. Motion Commissioner Hay moved approval. Commissioner Weiland seconded the motion. Vice Mayor Rodriguez inquired what Air Time and permissive service credit was. Luke Henderson, Chair of the Firefighters' Pension Plan, explained the ordinance was part of the 2006 Pension Reform Act and was an update of the current ordinance. He explained the employee, or a transferred employee could purchase up to five years of previous military or firefighter service. The item was a no cost item to the City and at this time, anyone could make the purchase. This would be another level of pension benefit at no cost to the City, because it is paid for by the individual. Mr. Henderson explained if the payment is made to the pension, the payment is made over the course of five years along with interest, or could be made in a lump sum without interest. 15 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Vote City Clerk Prainito called the roll. The vote was 5-0 C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-010 RE: Approving the amendment to Chapter 2, Article V, Section 2-79 (a) of the City of Boynton Beach Code of Ordinances expediting the procedures with respect to abatement of certain nuisances. Mr. Cherof read Proposed Ordinance 08-010 by title only. Motion Vice Mayor Rodriguez moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 08-011 RE: Amending Chapter 13, Licenses, Section. 13-4, Classification and Fee Schedule to provide for a 5 percent increase in business tax fees. Mr. Cherof read Proposed Ordinance 08-011 by title only. Mayor Taylor inquired whether the fee schedule varied from business to business, Mr. Bressner explained it did and the base fee was established approximately in 1994 pursuant to statute that required a fee schedule be created through the public hearing process. Maxime Ducoste-Amadee, Business Tax Department Manager, explained they send out renewal notices and the fee would become effective October 1. The approval would allow the change to be incorporated in the renewal notices that are sent in July. The attachment to the materials showed the fees by Standard Industrial Classification (SIC) codes and the increase is about $4 to $5 from prior years; for some it may be $10. Commissioner Ross explained the fee was increased two years ago and she reported she received a lot of emails from business owners about it. She thought now was not the time to reconsider the issue. Commissioner Weiland agreed, and thought the City should look elsewhere for revenue. Vice Mayor Rodriguez explained the City has to find sources to cover the shortfall and it has to be paid. The City has to balance the budget and could raise ad valorem taxes. He expressed it 16 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 was just a matter of where they would get the money from. Commissioner Weiland explained if they plan cuts internally, they would not have to raise ad valorem taxes. Mr. Bressner noted this would be discussed on the May 20th agenda. The latest date the Commission could act on the matter and still allow Mr. Ducoste-Amadee to move forward with his notice cycle was May 20th, 2008. Motion Commissioner Weiland moved to deny Ordinance 08-011. Commissioner Ross seconded the motion. Mr. Bressner explained the form of the motion should be to authorize the first reading of the ordinance and if there was a desire to vote against the ordinance they would vote against the motion. Attorney Cherof explained normally the motion is framed in the positive, but it made no difference. Motion Vice Mayor Rodriguez made a substitute motion to table the matter to the next meeting. Mr. Ducoste-Amadee explained they send the renewal in July but could send it in August. Mayor Taylor called the question on the motion to table. Vote The vote was 2-3. (Commissioners Weiland, Ross and Mayor Taylor dissenting.) Mayor Taylor held the vote on the original motion which was to deny the ordinance 08-011 Vote City Clerk Prainito called the roll. The vote was 5-0 to deny. D. Resolutions: 1. Proposed Resolution No. R08-058 RE: Approving the agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for conveyance of the Old High School back to the City of Boynton Beach. Attorney Cherof explained this resolution would mean the City would own the property and the agreement with the CRA did not work since the CRA moved to bring it back to the City. The cost to maintain the building was about $50K and the discussion when the CRA decided to 17 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 return the building to the City was for the City to determine whether they wanted to keep investing in it. Vice Chair Rodriguez felt the CRA had the resources; however, Mayor Taylor explained it was still taxpayer's money. There was discussion the high school was part of the RFP issued by the CRA. The master plan was for the entire 16 acres. Vice Chair Rodriguez thought if it was part of the CRA and master plan, the building should remain. If it did not work out, then it could be conveyed to the City. There was discussion the action was premature. It was noted the City Commission did not budget for the balance of the fiscal year, and the CRA did. The cost to maintain the building for the remainder of the year would be about another $24K. Mayor Taylor did not see anyone coming up with money for the building. The CRA did not do anything with it, and if they do not do anything, they have to return it to the City. He did not want to continue to spend taxpayer money. Commissioner Hay agreed. He explained many promises were made and plans given and nothing materialized. The CRA and City were dumping money into a hole. Vice Chair Rodriguez explained the entire redevelopment effort included the old high school in the plan. Commissioner Ross explained the City spent a lot of money on studies and it was included in the master plan as a key part; the consultant did not exclude it. Conversely, Commissioner Weiland spoke to developers who wanted to develop the area and indicated to him that either the Children's Museum has to go, or the high school. He announced he did not know where the money was coming from for it. There were many wealthy people around, yet nothing was raised for it. Vice Mayor Rodriguez explained the City does not have money for it and there's an RFP. He urged playing out the matter. The RFP would come before the board in October and he thought waiting until that time was reasonable. The following individuals spoke in support of the high school: Paula Melley, 120 Mariners Way, explained the building was included in the EDAW plan and the matter has been ongoing for twenty years. They should develop a public private partnership as was done with CityPlace. A condition of the redevelopment was to preserve the building. Without the City behind it, no one would invest in it. She requested waiting until the RFP was issued. Mayor Taylor explained he did not consider the building a historic building. The structure was deteriorated and it would take more than $8M to save it. Several developers who contacted him about the RFP indicated they would not want to spend the money on the building as part of their plan for the area. He did not see the building restored, nor did he see anyone putting up the money for it. Victor Norfus, 261 North Palm Drive, explained the way the resolution was written, the purpose was to take the building from the CRA to tear it down, which would cause problems 18 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 with the current RFP. He asserted there was a historical significance to the building. He explained it was the first truly integrated school in Boynton Beach and it was first an elementary school. The whole purpose was to preserve the heritage of the City. He believed the $8M figure was not the total figure. Commissioner Hay announced he took a personal tour and the building is in despicable condition. One developer was supposed to come back with a plan and never returned. He felt there were better issues to spend the funds on, and until someone showed him how it would be financed, he was not in favor of the building. There was discussion a plan wasn't put forward because an RFP was never issued; however; Commissioner Weiland noted they were just accepting the building back, not making a decision on what to do with it. Vice Mayor Rodriguez did not see the sense in that. He asserted the City does not have the money and the CRA does. Nancy Chandler, 914 NE ih Street, thought the City should wait a few more months for the RFP to come back. She saw Boynton Beach's landscape changing, catering to developers with 16 story buildings. Mayor Taylor reminded the public that different entities have looked at the building in the past and nothing has occurred. Barbara Ready, 329 SW 13th Avenue, explained if the building was demolished, it would never become historic, and that most historic buildings need repair. She contended it was not beyond repair and experts said so. She explained if the City leaders would embrace saving it, maybe the developers would come back with RFPs and ideas to help pay for it. She respectfully requested it be given more time. Herb Suss, 1711 Wood Fern Drive, asked if the money was in the budget. Mr. Suss was in favor of demolishing the building. He said it would not be $8M. It would be $12M or $14M. He thought giving it a reasonable amount of time would be satisfactory but alleged it would not make a difference. Rather, it was taking good money and pouring it down the drain. He requested giving it until September. Mark Karageorge, 240A Main Boulevard, agreed the building was dilapidated and acknowledged the RFP had not been issued on that section of the master plan. In the master plan, there were guidelines and it was a choice matter whether to retain or demolish the structure. When the RFPs come back, the Commission may want to save it. There have been at least three inquiries in the last five years, and entities have run away from the project. He thought they should issue the RFP giving a short response time and then proceed from there. Vice Mayor Rodriguez agreed there have been inquiries in the past about the building, but the request had never come in as a total downtown master plan. 19 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Mr. Karageorge clarified this is only one segment of the area. The critical part from a development standpoint was the frontage on Sea crest. He did not see the viability of saving the building because they would look at doing multiple things within the land use area. The key to the master plan is there were options, or guidelines, such as a cultural corridor. He thought this should be the last issuance of an RFP for the building. Rick Gonzales, 307 Bergan Street, West Palm Beach, congratulated the City for hiring EDAW. He was an architect, planner and historic preservationist. He agreed the building by itself did not make economic sense, but it was part of a bigger picture. He was here with someone from Ocean Ridge looking to develop the building with the two adjacent parcels. Now there are 16 acres. He explained how CityPlace was developed, which involved the Old Methodist Church. An international RFP was issued with the condition the church be restored and if it could not, to advise them about it. At the end of the process, in year 2000 CityPlace opened and the church was the heart and soul of the center. He encouraged the building remain with the CRA and be part of the redevelopment area. He distributed a photo of the Old County Courthouse which he worked on. Harvey Oyer, 800 Claremore Drive, West Palm Beach, agreed it did not make sense as a standalone project but thought it should be viewed as an investment in the community. The City was looking for economic development but they wanted to have someone come in and do it for them. He explained, with restoration or adaptable reuses, it always has to be a cooperative, public/private effort. When the County said they were behind it, then the building was rehabilitated. Mayor Taylor asked how much the County committed to the Courthouse project. Mr. Oyer responded they committed to $18M. Mr. Oyer explained the issue was to think differently. He suggested if the City wanted to take advantage of what they have, which was a historical building that could be a cultural center and a structure that four studies identified it as the economic engine behind the downtown, then they should invest in it. He advised redevelopment has an echo effect and areas that people wanted to leave, now attracts people. He requested the City Commission, as a principal matter, rethink the project. He advised it was critical the RFP language specify the project has to be repaired otherwise they will not develop the project. He thought the City Commission should make a policy decision that was the best publiC policy. Mayor Taylor reiterated developers cannot develop the building without public money and the City does not have the funds. Regarding the courthouse project, its interior was fine. It was only exterior work that needed to be done. He announced the building was not the key to that area. There were other things that could be done to generate the redevelopment. Chuck Magazine, Risk Manager, explained the costs from the CRA were maintenance costs for the 2006/2007 fiscal year and were just under $20K. Currently, the insurance costs were approximately $27K annually and in the present condition, the total cost was just under $50K annually. 20 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Commissioner Hay, while he agreed with the Chair, was willing to wait another six months since this was a major decision. He expressed they should wait no longer than October. Commissioner Weiland explained he did not think anything would happen but would vote on the prevailing side so when nothing happened he could bring it back. Mayor Taylor noted seven people did not represent the entire community. Motion Vice Mayor Rodriguez moved to deny the request from the CRA board to transfer the property to the City of Boynton Beach and it remain under the CRA's oversight. Commissioner Ross seconded. Commissioner Hay wanted a time frame included in the motion. Motion Vice Mayor Rodriguez moved to deny the request from the CRA board to transfer the property to the City of Boynton Beach and it remain under the CRA's oversight with the understanding of waiting for RFP responses anticipated in October of 2008. Commissioner Ross seconded the motion. Motion Vice Mayor Rodriguez moved to deny the CRA board request to transfer the property to the City of Boynton Beach and that the property remain within the CRA confines until October 1st, when it would be reconsidered. Commissioner Hay seconded the motion that passed 4-1 (Mayor Taylor dissenting.) XIII. UNFINISHED BUSINESS: (Heard out of Order) Commissioner Weiland discussed Auburn Development's letter of April 1 regarding an affordable housing project in Quantum Park. The City Commission believed they could not do the project because the property was not designated in an urban infill area. He requested the City Commission have staff work with the City Attorney to promulgate language for an ordinance or resolution to determine that the area is suitable for urban infill housing so Auburn could pursue tax credits with the State and move forward with the project. Mr. Bressner clarified there was one certification the City could not sign off on because the area that Auburn proposed to develop fell within another redevelopment area previously designated. The financing rules of the grant program required documentation that the subject property was located in the redevelopment area and they could not find it. 21 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 Commissioner Weiland explained guidelines require there be residential structures in the area as well as schools, blight and poverty in the area. If this was something the City wanted to do, he wanted to take a second look. The regulations for funding required the subject property had to be included in a designated redevelopment area. Those areas generally were east of 1-95 and this property was west of 1- 95 and not subject to redevelopment. The only area of redevelopment was back in 2001 with the change in Quantum PID to include residential. There was a modification to the NOPC that would provide for residential to be included in the Quantum PID. It was unknown if that action rose to the level of approval needed for the State to sign off on it. Mike Rumpf, Planning and Zoning Director, explained State law is specific. A redevelopment area is defined under the authority of the CRA and under the authority of a plan. The Statute listed examples as Urban Infill Areas. Under the definition of urban infill, it lists other specific criteria. In all due respect, he did not think they could write a document to fit that criteria but they could try. He thought in this instance it would be up to the funding panel to make the decision whether it met the criteria. This would be for a tax credit for senior housing. The issue was extensively discussed with the developer and with staff and legal counsel and they were unable to see that the parcel fell within any qualified redevelopment area within the City. Mr. Bressner did not feel, under their interpretation of the State regulations, it would pass muster. He suggested going back to the management of the PID to see if that was enough of a trigger for it to be justification for a development area, and it did not appear to be enough according to the City's interpretation of the State regulations. The deadline for the applications was discussed. It was noted there was a second deadline for support documents used in the initial review. All the certifications were signed off on except for this issue, worth five points; however when competition is strong, five points could mean a lot. The City could look at Auburn's interpretation; however, it would be up to Auburn to bring it to the City. XII. E. Other: 1. Request to schedule a closed door session in the following case: BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 0201704 AN Attorney Cherof requested scheduling a closed-door session for Alliance. The City received a trial notice scheduling a trial sometime in the fall. He anticipated he would need one hour to review strategies, settlement proposals and rejections to date. This would occur at the first meeting in June at the end of the meeting. A court reporter would be ordered. 22 Meeting Minutes Regular City Commission Boynton Beach, Florida May 6, 2008 XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:51 p.m. CITY OF BOYNTON BEACH 2 f), ;;;y- ~aYOr Ronald Weiland, Commissioner aJ~/~ Woodrow L. Hay, Commissioner----J 2JtzLL Marlene Ross, Commissioner ArrEST: c-::. .~~ /7 . '. ~ e.(,[,L~_ ..~~ '_. h. net M. Prainito, C '{/ City Clerk ~~ (I~ Catherine Cherry Recording Secretary ,}~'.~~{l 23 DRAFT-Suggested Outline for Water Supply Facility Work Plans-DRAFT Version date: 03/11/2008 Objective: to assist local governments preparing Water Supply Facilities Work Plans (Work Plans) identify and plan for their water supply facilities needed to serve existing and new development within the local government's jurisdiction. Chapter 163, Part II, F.S., requires that the local governments prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower East Coast Water Supply Plan Update was approved by the South Florida Water Management District on February 15, 2007. Therefore, the deadline for local governments within the LEC (Lower East Coast) jurisdiction to amend their comprehensive plans to adopt a Work Plan is August 15, 2008. The comprehensive plan amendments must: · Identify and incorporate the alternative water supply project(s) selected by the local government from projects identified in the regional water supply plan, or the alternative project proposed by the local government (Sections 373.0361 (7) and 163.3177(6)(c), F.S.); · Identify the traditional and alternative water supply projects, bulk sales agreements and conservation and reuse programs necessary to meet current and future water use demands within the local government's jurisdiction; Include a water supply facilities work plan for at least a 10-year planning period for constructing the public, private and regional water supply facilities identified in the element necessary to serve existing and new development (163.3177(6)(c), F.S.; Additionally the DCA guidelines indicate that these amendments: Demonstrate that the local government has coordinated with the appropriate water management district's regional water supply plan (Section 163.3177(4)(a), F.S.); Ensure that the local government's future land use plan is based upon the availability of adequate water supplies and public facilities and services (Section 163.3177(6)(a), F.S.); Ensure that adequate water supplies and facilities are available to serve new development no later than the date on which the local government issues a certificate of occupancy and consult with the applicable water supplier prior to approving a building permit to determine whether adequate water supplies will be available to serve new development by the anticipated issuance date of the certificate of occupancy (Section 163.3180(2)(a), F.S.); · Revise the five-year schedule of capital improvements to include any water supply, reuse and conservation projects and programs to be implemented during the five year period; SFWMD 1 DRAFT-Suggested Outline for Water Supply Facility Work Plans-DRAFT Version date: 03/11/2008 Revise the Conservation Element to assess projected water needs and sources for at least a 1 O-year planning period, considering the appropriate regional water supply plan (Section 163.3177(6)(d), F.S.); To maintain internal consistency, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with the regional water supply plan and regional water supply authorities (Section 163.3177(6)(h)1., F.S.). Clearly define responsibilities for planning, financing, construction, and/or operation of the water supply facilities by all entities providing service within its jurisdiction, regardless of ownership or responsibility for the individual facilities. Information includes: o water supply source, service areas, existing demands and future projects, o treatment types and losses o distribution facilities o bulk sales agreements Adopting the Work Plan into the Comprehensive Plan: The format of the work plan is like that of a "sub-element," similar to the Potable Water and Sanitary Sewer Sub-Elements included in the Infrastructure Element of most local comprehensive plans. The sub-element format - with its data and analysis, list of capital improvements, and GOPs incorporated as sub-sections within the Infrastructure Element - is the recommended format for the work plan. A five-year schedule of capital improvements for water supply and infrastructure projects could be adopted as part of the Infrastructure Element, or those projects could be included in the Capital Improvements Element's Five-Year Schedule of Capital Improvements. Other alternatives for incorporating the work plan into the comprehensive plan include: Incorporating the work plan as a set of GOPs, exhibits or attachments in the infrastructure Element and making related GOP changes in other elements, with a five-year schedule of capital improvements either as part of the Infrastructure Element or incorporated in the Five-Year Schedule of Capital Improvements located in the Capital Improvements Element; Including the work plan data and analysis, GOPs, and five-year schedule of capital improvements in the various elements of the comprehensive plan (e.g., Future Land Use, Infrastructure, Conservation, Coastal Management, Intergovernmental Coordination, and Capital Improvements Elements). If this option is utilized, the local government should identify where the various portions of the work plan are located in the comprehensive plan; or Adopting the work plan by reference in a policy of the Infrastructure Element. This option is not recommended, however, because the comprehensive plan would have to be amended each time the work plan is revised, including any revision to sections that would not otherwise require an amendment to the comprehensive plan. SFWMD 2 DRAFT-Suggested Outline for Water Supply Facility Work Plans-DRAFT Version date: 03/11/2008 PART I DATA AND ANALYSIS A. Introduction 1. Statutory history 2. Statutory requirements 3. Mention any relevant water supply, conservation, or reuse issues B. Population information 1. Consistent with County Planning Department and District's regional water supply plan projections 2. Consistent throughout comprehensive plan 3. Include population that is self-supplied C. Maps of Current and Future Areas Served 1. Show areas being served by own utility. 2. Show areas being served by other water suppliers (if applicable) 3. Show locations of small public supply systems (if applicable) 4. Distinguish between current and future areas served (if applicable) D. Water Supplier Information (applicable within your jurisdiction and summarized from current Water Supply Facility Work Plan) 1. Consumptive Use Permit Information 2. Raw water sources 3. Treatment Facilities and planning schedules 4. Interconnects, distribution, and associated responsibilities 5. Treatment and distribution system losses E. Other Water Supplier Information: (if applicable) 1. Consumptive Use Permit Information including: a. Current CUP # b. Raw Water Allocation Information: o Average Annual Daily and Maximum Monthly (Daily) allocations o applicable source limitations (dry season, wellfields, priority) o required offsets SFWMD 3 DRAFT-Suggested Outline for Water Supply Facility Work Plans-DRA.FT Version date: 03/11/2008 _ expiration date (s) by source 2. Treatment Facilities and planning schedules a Methods and treatment losses stipulated in CUP b. Permitted DEP capacities c. Storage Facilities d. Interconnects, distribution, and associated responsibilities e. Treatment and distribution system losses f. Outstanding compliance issues (required upgrades or expansions, etc.) F. Conservation 1. Applicable regional issues. 2. Local government specific actions, programs, regulations, or opportunities 3. Identify any local financial responsibilities as detailed in CIE or CIS G. Reuse 1. Applicable regional issues. 2. Local government specific actions, programs, regulations, or opportunities 3. Identify any local financial responsibilities as detailed in CIE or CIS H. Potable Water Level of Service Standard by each service area or facility (if applicable) 1. Identify existing level of service standard 2. Analyze existing standard compared to current use and consistency with level of service of existing supplier(s) 3. Consider need for revising standards for residential uses 4. Consider need for additional standards for non-residential uses I. Population and Potable Water Demand Projections by each local government or utility 1. Sample tables are shown, below 2. Tables must address at least a 10 year period, longer is recommended 3. Population projections must be consistent with remaining elements of comprehensive plan SFWMD 4 DRAFT-Suggested Outline for Water Supply Facility Work Plans-DRAFT Version date: 03/11/2008 PART II CAPITAL IMPROVEMENTS J. Work Plan Projects and Capital Improvements Element/Schedule 1. Work Plan Projects a. For at least the next 10-year period, address all public, private and regional water supply projects and programs necessary to serve within the jurisdiction, including all development of traditional and alternative water supply sources, reuse and conservation. b. List of projects includes transmission lines and any other capital infrastructure. c. Address any of your own government-owned utility projects that will be need to be constructed during at least the next 1 O-year period to provide water supply outside your own jurisdiction. 2. Capital Improvements Element/Schedule a. Identify and address all public, private, and regional water supply facilities needed to serve within jurisdiction. b. Identify all public and private projects and programs necessary during the next 5 years to achieve and maintain adopted LOS standards, and reflect in the financially feasible Five-Year Schedule of Capital Improvements. This includes any interlocal or development agreements which need to address the costs of capital improvements, the funding source, responsible entity, populations to be served and the construction time line. SFWMD 5 DRAFT-Suggested Outline for Water Supply Facility Work Plans-DRAFT Version date: 03/11/2008 PART III GOALS, OBJECTIVES, AND POLICIES K. Comprehensive Plan Goals, Objectives, and Policies (GOPs) 1. Need to review GOPs throughout the comprehensive plan to determine if any new ones should be added or any existing ones revised 2. The following list is from the DCA Guidelines, pages 15 and 16 and is an example of the issues that need to be addressed a. Coordination of land uses and future land use changes with the availability of water supplies and water supply facilities; b. Revision of potable water level-of-service standards for residential and non-residential users; c. Provision for the protection of water quality in the traditional and new alternative water supply sources; d. Revision of priorities for the replacement of facilities, correction of existing water supply and facility deficiencies, and provision for future water supply and facility needs; e. Provision for conserving potable water resources, including the implementation of reuse programs and potable water conservation strategies and techniques; f. Provisions for improved or additional coordination between a water supply provider and the recipient local government concerning the sharing and updating of information to meet ongoing water supply needs; g. Coordination between local governments and the water supply provider in the implementation of alternative water supply projects, establishment of level-of-service standards and resource allocations, changes in service areas, and potential for annexation; h. 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Z __I -- c Q) r- C r- I- Q) > o Q) C1J U o Q) "0 2 :J o C C1J Q) C > I- (]) (f) r C C1J I- Q) o D- I- o U (]) "0 I- 0.. -0 Q) ro Q) '- >- 0.. 0.. :J (f) I- Q) - C'O ~ Q) '- :J ::; 4- '- o q ~, :.;:: :J C Q) E c '- Q) > o Q) C'O U o o ..- s: u C1J Qj ....- o '+- (f) Q) C ro c o "0 "0 ro -0 '-0 11 o :2: S LL (j) ',,- 1 ORDINANCE NO 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING TITLE XV OF THE CITY'S CODE 5 OF ORDINANCES, ENTITLED "LAND USE" BY 6 SPECIFICALLY CREATING CHAPTER 158, TO BE 7 ENTITLED "GREEN BUILDING CERTIFICATION 8 REQUIREMENTS"; PROVIDING FOR PURPOSE AND 9 INTENT; PROVIDING FOR DEFINITIONS; PROVIDING 10 FOR GREEN BUILDING COVERAGE AND STANDARDS; 11 PROVIDING FOR CERTIFICATION; PROVIDING FOR A 12 PROGRAM REVIEW; PROVIDING FOR CODIFICATION; 13 PROVIDING FOR CONFLICTS; PROVIDING FOR 14 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach (hereinafter referred 17 to as the "City") has recognized the importance of implementing programs in the City that 18 promote sustainable energy and environmental awareness; and 19 WHEREAS, in an effort to better examine such programs, on the City Commission 20 adopted Resolution 08-025, thereby creating the Green Task Force; and 21 WHEREAS, the Task Force was tasked with the responsibility of examining various 22 "green" initiatives and making recommendations to the City Commission as to how the City 23 might implement programs that promote sustainable energy and environmental awareness; and 24 WHEREAS, the Task Force has consider the possibility of implementing a green 25 building certification program, such as Leadership in Environmental and Energy Design 26 ("LEEDs") or the Florida Green Building Coalition ("FGBC") initiative, among others; and CODING: Words in strike tm-{)l:!gh type are deletions from existing law; Words in underlined type are additions. Page 1 S:\CA\Ordinances\Green Building Certification Program. doc 1 WHEREAS, the Task Force, at its monthly meetings, has considered a number of green 2 building certification options and heard presentations from various outside professionals who 3 specialize in such programs; and 4 WHEREAS, after significant discussion and review, the Task Force has concluded it to 5 be in the best interests of the City to implement a program whereby buildings are either 6 required or encouraged to satisfy the certification requirements of one of the various 7 environmentally conscious building initiatives; and 8 WHEREAS, the City will seek to identify sustainable funding sources in order to 9 provide incentives for private developers to develop "green" buildings; and 10 WHEREAS, the City Commission has considered the recommendation the Task Force 11 and considers it to be in the best interests of the citizens and residents of the City to implement 12 a green building certification program for development and redevelopment projects within the 13 City. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 15 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 17 as being true and correct, and are hereby incorporated herein and made a part hereof. 18 Section 2. Chapter _of the Boynton Beach Code of Ordinances, to be entitled 19 "Green Building Development Requirements", is hereby created as follows: 20 Chapter Green Building Certification Requirements CODING: Words in strike tflmugh type are deletions from existing law; Words in underlined type are additions. Page 2 S:\CA\Ordinances\Green Building Certification Program.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 & Purpose and Intent The purpose of this Chapter is to implement a green building certification program within the City of Bovnton Beach in an effort to provide for the enhancement of sustainable energy and environmentally friendly building construction. It is further the intent of the City Commission to ensure that the development of vublic buildings is done in an environmentally friendly manner as well as to encourage environmentally conscious private commercial, industrial and residential development. & Definitions (l) City means the City of Bovnton Beach. Florida. (2) Construction means any project associated with the creation. development. or erection of any building eligible for the program. (3) FGBC means the Florida Green Building Coalition. (4) Green building means generally the resource efficient design. construction. and operation of buildings by employing environmentally sensible construction practices. systems. and materials. (5) LEED means the Leadership in Energy and Environmental Design Rating System of the U.S. Green Building Council. (6) LEED for Existing Buildings means the USGBC rating system that applies to existing buildings and addresses whole-building cleaning and maintenance issues (including chemical use). recycling programs. exterior maintenance programs. and systems upgrades. (7) Program means the City's green building certification program. (8) Program certification means the final designation awarded to a program particivant for satisfying all requirements associated with the program for a particular project. CODING: Words in strike tlmn:lgH type are deletions from existing law; Words in underlined type are additions. Page 3 S:\CA\Ordinances\Green Building Certification Program. doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (9) Program participant means any person or entity seeking program certification for a particular project. (10) Project means any construction associated with the creation, development, or erection of any building eligible for the program. (11) Project application form means the form submitted to the Building Division indicating that a program participant is interested in participating in the program for a particular project. (12) Sub-program means any area of construction covered by the program. (13) USGBC means the U.S. Green Building Council. & Applicability The Program shall be mandatory for the development of all City-owned construction projects, including all City-owned City Center parcels, and is encouraged for all private commercial, industrial and residential development projects. City-owned construction projects shall be developed in accordance with, at a minimum, the LEED "silver" certification designation or another nationally-recognized certification program. On a project-by-project basis, the City Commission may, by supermajority vote, determine that the costs associated with participating in the Program outweigh the benefits of such participation. Such a determination shall amount to a waiver of the requirement that City comply with the provisions of this Chapter. & Green Building Coverage The Program shall be comprised of the following sub-programs: (1) New residential construction; (2) Residential or commercial retrofitting/remodeling; (3) New commercial/non-residential construction, including expansions; and (4) The City's building and construction projects for both new CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 4 S:\CA\Ordinances\Green Building Certification Program.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 construction and renovations. ~ Green Building Standards The program shall be administered using standards developed by the Florida Green Building Coalition, the U.S. Green Building Council. or a nationally- recognized equivalent rating system. These standards shall apply to each sub- program as follows: (a) New residentially permitted proiects: For any program participant seeking program certification for new residential construction, the program participant must satisfy all of the requirements associated with either: (i) the current Green Horne Designation Standard of the FGBC, as may be amended from time to time: (in the current USGBC LEED for Homes program, as may be amended from time to time: or (iii) a nationally-recognized equivalent ratings system. (b) Remodeling of existing homes: The program participant must meet requirements of remodeling certification for either: (i) the current Green Horne Designation Standard of the FGBC, as may be amended from time to time: (ii) the current LEED for Homes program, as may be amended from time to time: or (iii) a nationally-recognized equivalent ratings system. (c) New commercial or industrial buildings: The program participant must satisfy all of the requirements associated with the: (i) current Green Commercial Designation Standard of the FGBC, as may be amended from time to time: CODING: Words in strike throaga type are deletions from existing law; Words in underlined type are additions. Page 5 S:\CA \Ordinances\Green Building Certification Program.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (in current LEED for New Construction or derived USGBC LEED rating system (e.g., LEED for Schools, LEED for Health Care) program, as may be amended from time to time~ or (iii) a nationally-recognized equivalent ratings system. (d) Existing commercial and industrial buildings: The program participant must satisfy all of the reQuirements associated with: (i) the current Green Commercial Designation Standard of the FGBC, as may be amended from time to time~ (ii) the current LEED for existing buildings or derived USGBC LEED rating system (e.g., LEED for Schools, LEED for Health Care) program, as may be amended from time to time~ or (iii) a nationally-recognized equivalent ratings system. (e) The City's building and construction proiects shall satisfy all the reQuirements associated with: (i) current Green Commercial Designation Standard of the FGBC, as may be amended from time to time~ (in current LEED "silver" certification rating for New Construction or derived USGBC LEED rating system (e.g., LEED for Schools, LEED for Health Care) program, as may be amended from time to time~ or (iin a nationally-recognized equivalent ratings system. & Incentives (a) All sub-programs. For any voluntary program participant seeking a program certification, the City shall provide fast-track permitting refund incentives up to a total of $25,000 on a first come first served basis during the first year of implementation of this Section, and refunds for subseQuent years subject to budgetary considerations. Program participants shall pay fast-track permitting costs at the time of application submittal and shall be entitled to a refund upon issuance of Certificate of Occupancy and green building certification. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 6 S:\CA\Ordinances\Green Building Certification Program.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (i) Building permit applications for residential green buildings shall be processed within 15 working days. All such applications shall be accompanied by the apl'ropriate green building program application form. (ii) Building permit applications for commercial green buildings shall be processed in 15 working days. All such applications shall be accompanied by the appropriate green building program application form. (b) For all detached one and two-family residential proiects, there shall be a reduced building fee which shall equal 5 percent (5%) of the fee required for a non-participant. (c) For the purposes ofvublic1y recognizing outstanding commitment to "green building" and environmental awareness, the City Commission shall annually award the "Bovnton Beach Green Building A ward" to certain private program participants who demonstrate a commitment to green buildings. & Certification The program shall be subiect to certification by a qualified third party who has been trained and certified as a green building certifying agent. Program participants shall be resvonsible for all costs associated with certification. & Program Review The City Manager, or his or her designee. shall conduct a ioint review of the program as soon as practicable after its first year of implementation, and may make recommendations to the City Commission regarding changes to the program that may increase its effectiveness. 34 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 35 Florida that the provisions of this ordinance shall become and be made a part of the City of 36 Boynton Beach Code of Ordinances. The sections of this ordinance may be re-numbered or re- CODING: Words in strike tflrot:lgh type are deletions from existing law; Words in underlined type are additions. Page 7 S:\CA\Ordinances\Green Building Certification Program.doc 1 lettered and the word "ordinance" may be changed to "section," "article," or such other 2 appropriate word or phrase in order to accomplish such intentions. 3 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 4 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 5 Section 5. If any clause, section, or other part or application of this Ordinance shall be 6 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 7 or invalid part or application shall be considered as eliminated and so not affecting the validity of 8 the remaining portions or applications remaining in full force and effect. 9 Section 6. This Ordinance shall become effective immediately upon its passage and 10 adoption. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 FIRST READING this _ day of ,2008. AND PASSAGE this day of SECOND, FINAL READING ,2008. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay CODING: Words in strike tm-ough type are deletions from existing law; Words in underlined type are additions. Page 8 S:\CA \Ordinances\Green Building Certification Program.doc 1 2 ATTEST: 3 4 5 6 Janet M. Prainito, CMC 7 City Clerk 8 9 10 (CORPORATE SEAL) 11 Commissioner - Marlene Ross CODING: Words in strike tlKough type are deletions from existing law; Words in underlined type are additions. Page 9 S:\CA\Ordinances\Green Building Certification Program.doc en "0 .... t\l >- r-- oi N CXl II .S; ~ CJ.) C -- .....J CJ.) - +-' -- I-