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Minutes 11-14-90MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, NOVEMBER 14, 1990 AT 5:15 P. M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys Lee DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Peggy White Boulle, Deputy City Clerk Mayor Moore called the meeting to order at 5:15 P. M. 1. Final Plat Approval - Woolbright Place (Tradewinds Development) City Manager Miller reported all staff members signed off, and the City Attorney reviewed the letters of credit. City Attorney Cherof had the original deed for the 3½ acres. In conjunction with the 3½ acres, he had also reviewed an opinion of title indicating the property was free and clear Of all encumbrances. There were no reported mortgages, liens, and general or special exceptions. Motion Vice Mayor Wische moved to approve the final plat of Wool- bright Place %1 (Tradewinds Development). Commissioner Artis seconded the motion, and the motion carried 5-0. City Manager Miller noticed no one was present to represent Tradewinds. He informed the Commission that Tradewinds requested reductions in the letters of credit. City Manager Miller called attention to "Engineering Department Memorandum Number 90-275" and said the requests for reduction had been approved. City Attorney Cherof explained that Tradewinds provided an Agreement on Required Improvements, which was an addition of the subdivision regulations. The way the agreement was worded made it appear as though it was a blanket type of agreement with respect to improvements, some of which were not completed and some of which had not commenced. City Attorney Cherof suggested that Tradewinds be required to amend the agreement and provide specific language consistent with Memo No. 90-275 from Vincent Finizio, Administrative Coordinator of Engineering. Said memo is attached as Addendum A to the original copy of these minutes in the Office of the City Clerk. 1 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 14, 1990 The memo tracked two specific aspects of the construction that the City will be releasing surety on 100%. They were the construction of water distribution and sewage collection systems for Home Depot and the off site construction of water distribution and sewage collection systems for the P.C.D./L.O.C. City Attorney Cherof said that should be added to the Agreement before the City accepts it and releases any reduction of sureties. City Manager Miller stated they were talking about reducing bonds substantially, and he explained. He wanted to make sure the Agreement would be acceptable to Tradewinds. Mayor Moore asked that he bring this back to the Commission at their meeting on Tuesday, November 20, 1990. Woolbright Road Mayor Moore noticed in the paper that Tradewinds joined in a suit with some property owners trying to block the exten- sion of Woolbright Road. Mayor Moore thought Woolbright Road was vital to the City's interest in that area. City Manager Miller felt Woolbright Road was very important to the City because it would substantially reduce the City's traffic level of service on Boynton Beach Boulevard. He elaborated, and discussion ensued. Mayor Moore wondered whether the City should get involved, and he questioned whether the City Attorney should be asked to monitor that suit. After discussion, City Attorney Cherof advised the City would have to enter a plea for intervention, ask that the City be allowed to file a Brief iin support of its position, or simply indicate to the counsel of record what the City's position is and hope the counsel of record will advise the Court. Commissioner DeLong inquired whether they should include the realignment of Knuth Road. Mayor Moore suggested that City Manager Miller meet with the City Attorney and report back on Tuesday, November 20, 1990, the most effective way for the City to become involved. He wanted the public and par- ticularly the Court to know the City is behind Woolbright Road going through. The City Commission agreed to this. 2. Update on Boynton Beach Water Treatment Capacity City Manager Miller referred to Memorandum No. 90-662 from John Guidry, Utilities Director. He clarified that the MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 14, 1990 Health Department has not declared a moratorium in Boynton Beach. The Health Department is concerned with [1] the City's water quantity (raw water) and [2] the water quality. The letter the City received from the State of Florida, Department of Health and Rehabilitative Services (HRS), dated November 9, 1990, expressed four concerns. The City must provide proof to the County Health Department that it is working in this direction. The four concerns were: Demonstration of availability of raw water to reduce demand below 90%. (City Manager Miller believed the City demonstrated that through data that was submitted to HRS this morning.) Demonstration under Department of Environmental Regula- tion guidelines that upgrading of filters is acceptable and permit issued. (City Manager Miller thought the Commission was aware that the east water treatment plant is under construction. The City is not contemplating that the filters will be in a position to be acceptable and a permit issued until September of 1991. The City will provide engineering rationale to HRS that the City will be able to accommodate the raw water supply as well as the quality.) Evidence that the upgrading of the filters will result in a less than 90% demand on treated water capacity. (The same engineering rationale that applies to paragraph 2 above will apply here.) Evidence that procedures have been initiated for a future expansion and that construction will commence prior to when 90% of treated water capacity is reached. (City Manager Miller explained "future expansion" meant the west water treatment plant. The City has formally submitted to HRS and the County Health Department a schedule of what the City plans to do. The bid documents are complete, and the City should be going out for bids in mid-December. City Manager Miller stated it should take the City Staff no more than two weeks to gather and develop the information for items 2 and 3 and provide it to the Health Department. It will probably take the Health Department a week to review it and issue a letter agreeing that the City is okay relative to permitting. City Manager Miller stressed that the City certainly is not "out of the woods". They must move forward with the west water treatment plant expeditiously, finish 3 MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 14, 1990 the east water treatment plant, or get involved with other methods. City Manager Miller reiterated that the City must move expeditiously in the next months and years and not postpone any action. He did not think the Health Department was looking towards initiating a moratorium on the City, but the Health Department referred to West Palm Beach being told to plan its water supply. West Palm Beach did not get to it until seven years later. The Health Department does not want that to happen to Boynton Beach. Mr. Guidry added that the Department of Environmental Regulations (DER) is delegating permitting authority to HRS. He apprised the Commission that the City Staff, the Engineers, his predecessor, and he have been dealing with DER for years. The City's permit application did not go forward because the City will not have a Construction Manager on board until November 20, 1990. The Construction Manager will be filing the construction permit application and the operating permit application for the west water treatment plant. Mayor Moore alluded to a discussion they had about outstand- ing obligations the City made to developers who have not utilized the tie-ins. He wondered how many units they were talking about. Mr. Guidry clarified that Mayor Moore was referring to projects that have been permitted but they have not done anything. He stated he would be coming back to the COmmission in the very near future with a recommendation for those they need to make key decisions on. The City will g~t commitments from devlopers as to whether they are going to build. If not, it will loosen up the Equivalent Residential Connections (ERCs) to the City on other critical projects. Mayor Moore determined the City was not penalizing developers for their inactivity in not utilizing those. The City is being penalized for them when they are not in place and may never be in place. Mr. Guidry responded that the City has to get an agreement. Tradewinds Michael Morton, owner of Tradewinds, his Attorneys, etc. entered the meeting. Mayor Moore said they must meet with City Manager Miller about the bond reductions, which the Commission hopes to address at its meeting on November 20, 1990. 4 MINUTES - SPECIAL CITY COmmISSION BOYNTON BEACH, FLORIDA NOVEMBER 14, 1990 ADJOURNMENT The meeting properly adjourned at 5:35 o /3 0. / / M~yor / ~ ~ Commi s s lone r ATTEST: -~.Do p~ t~'~i t y/~ ~ Recording Secretary// (One Tape) (j ~ioner /-- Commis~ 5 ENGIN~DEPARTM~Ff~~ NUMBER 90-275 To: J. Scott Miller City Manager November 14, 1990 Frc~: Vincent A. Finizio Administrative Coordinator of Engineering Re: Requested Release(s) and Reduction(s) L.O.C., U.N.B Shoppes of Wcolbright, P.C.D. Stanley Consultants of Florida Inc. Tradewinds Develo~nent Corp. RECEIVED NOV ! 4 1990 CiTY MANAGER'g OFFICE Please be advised that the Engineering Department in conjunction with other affected City De~nts, have con~leted various on-site inspections of the above referenced P.C.D., in order to determine whether or not the requested reductions and release of surety was representative of actual inplace con- struction and remaining incomplete required improven~nts as specified with- in Stanley Consultants of Florida, Inc. Nove~)er 7, 1990 Engineer's Opinion of Cost for complete and incomplete required i~lorovements. The results of our investigation and review are as follows: Earthwork L.O.C. ~UNB1322 issued 02/08/90 (expires 01/31/91) should be reduced from $275,000.00 to the requested amount of $86,000.00. The City should place the Bank on notice that the surety is due to expire and approximately 30% of the work remains inccnlolete. ConstL-u~tion of Water Distribution and Sewage Collection Systems for Ho~a Depot L.O.C. #UNB1335 issued 03/01/90 (expires 03/01/91) should be released in full (*). The original L.O.C. an~unt w~s $93,000.00. Off-site Construction of Water Distribution and Sewage Collection Systems for the P.C.D./L.O.C. ~UNB1336 (expires 03/01/91) should be ~ released in full (*). The original L.O.C. amount was $187,000.00. Construction of Sewage Flow Re-Routing for the P.C.D.'/L.O.C. ~UNB1337 should be reduced to the amount of the incc~plete improven~nts which is $79,000.00. The original amount of the L.O.C. was $179,000.00. S.W. 8th Street Improvements (Phase #1 only) L.O.C. ~UNB1356 should be rn=duced frcm $524,000.00 to the remaining cost of the incc~pleted inlorove_ ments which totals $55,700.00. The City Attorney's Office should immediately notify the Bank that item ~l,item ~4 and L.O.C. ~UNB1323 (not listed as the surety re~ins intact to date) are soon to expire.~an. & Mar. 9~(*) The sutrnitted agreen~nt relative to defective mater- ials and workmanship should not be accepted as it is a blanket agreement which does not indicate nor delineate the specific "cc~pleted i~p~ovements" which are limited to it~ ~2 and ~3. L.O.C. #UNB1356 expires 04/12/91. ~. cont'd .... Page 1 of ADDENDL~ A Shoppes of Woolbright P.C.D. ~ Surety Releases and Reductions cont 'd November 14, 1990 Additionally, the language of the attached Engineer's Certification docs not comply with the require3r~nts set forth within Appendix "C". Subdivis- ion and Platting, Article XI, Section 4. "Contoletion Certificate" which states the certification shall include language that indicates the P.C.D, (or the part which is cc~pleted) "co~plies with the approved construction plans and this ordinance". Mr. Wantman in his Certification indicates the constr~ction cc~plies with a singular section of Appendix "C" (see attached) and should be re-written by Mr. Wantman prior to any full releases of L.O.C's. This Department has not yet received the required measur~T~nts and test data associated with the construction of the oa,pleted items ~2 and #3, as specified within Article XI, Section 3. "Measurements and Tests". Prior to full releases the associated test data and measurements associated with the construction of items ~2 and ~3 should be provided this department. Should you require any additional information, please contact rr~ and I will aSsist you. ~ OF ENGIN~ING DEPARTMIIWT ANALYSIS Vincent A. Pini~io ~ cc; James Cherof City Attorney (FAX) Page 2 of Addendum A