Minutes 09-17-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 17, 1985 AT 7:30 P.M.
PRESENT
Nick Cassandra, Mayor
Robert Ferrell, Vice Mayor
Ezell Hester, Jr., Councilman
James R. Warnke, Councilman
Carl Zimmerman, Councilman
Peter L. Cheney, City Manager
Betty S. Boroni, City Clerk
William P. Doney, Assistant
City Attorney
Mayor Cassandra called the meeting to order at 7:30 p.m. The invoca-
tion was given by Ethelind Farr, First Reader, First Church of Christ
Scientist, followed by the Pledge of Allegiance to the Flag led by
Councilman Carl Zimmerman. Members of the Horizons Committee were
present, and Mr. Schultz was interpreting for them in sign language.
AGENDA APPROVAL
City Manager Cheney wanted to add under Administrative - D. Transfer
of Vehicle for $1 to Mark Lewis, our Sanitation employee who was
injured and lost his leg; this is a vehicle which would normally be
auctioned off this year, as it would no longer be used by the Police
Department. Under Old Business he added A. Post Office and Utilities
for the Post Office. Under Consent Agenda - Bids - he deleted Item 2.
Batteries for Golf Carts - Golf Course. Councilman Zimmerman moved,
seconded by Councilman Warnke, to accept the agenda with the correc-
tions. The motion carried 5-0.
ANNOUNCEMENTS
Proclamation
Mayor Cassandra read a proclamation designating September, 1985, as
Recycling for Abused Children Month.
Presentation of Certificates Of Appreciation
A Certification of Appreciation was presented by Mayor Cassandra to
Mr. Darrell Schultz in recognition of his outstanding service in the
Recreation and Parks Department's Therapeutic Recreation Program. He
is a founding member of the HORIZONS Committee and has donated a tele-
communications device for the deaf to the City Library. As the only
hearing member of the City's very active Deaf Club, he has provided
invaluable assistance. Also, Mr. Schultz has indicated a willingness
to instruct City Public Safety personnel in sign language for use in
emergency situations.
Mr. Frank Br~mbaugh was presented with a Certificate of Appreciation
by Mayor Cassandra for his outstanding service in the Recreation and
Parks Department, in which he devoted an extraordinary amount of time
to working in programs for children, seniors and handicapped citizens.
A founding member of the HORIZONS Committee, he travelled to
Washington, D.C. at his own expense as a committee representative to
accept a Community Partnership Award presented to the City by the
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
National Organization on Disability. Mr. Brumbaugh's administration
of CPR to a heart-attack victim at the Civic Center last May was
reported by the responding Fire Department Paramedics as being instru-
mental in saving the victim's life.
Mr. Cheney said additional programming and monitoring of programs for
the handicapped was required by the Federal Government in order to
receive General Revenue Sharing funds. Instead of doing the minimum,
we established the HORIZONS Committee, whose first Chairman was Mr.
Sam Scheiner and present Chairman is Mrs. Helen Balmer. Craig Grabeel
and Carol Knight from the City staff work closely with the Committee;
Janet Ivey and Eleanor Wollenweber have also been instrumental in
making it work. Through the efforts of this organization, we received
the $1,000 which Mr. B~umbaugh went to Washington to acce~t. At this
week's meeting they decided to use some of that money to buy equipment
for the library to tie in with the TDD donated by Mr. Schultz. They
have also agreed to contribute $100 of those funds to Mr. Schultz to
give some minimal sign language training to some of our Policemen and
Firemen and to print cards to help them with sign language.
Meeting Announcements
On Tuesday, September 24, 1985 at 7:30 p.m. the second and final
hearing on the 1985/1986 budget will be held. Mayor Cassandra said
this will be the last chance for citizens concerned with expenditures
and taxes to make their opinions known concerning the budget.
On Wednesday, September 25, 1985 at 7:30 p.m. the second reading of
the ordinances regarding Woolbright Place, Shops at Woolbright Place
and Woolbright Center will be held.
The Council will review the master plans for the City buildings pre-
sented by the Architect on Thursday, September 26, 1985 at 7:30 p.m.
CITY MANAGER'S REPORT
Landscape and Tree Ordinance
This has been reviewed by the Community Appearance Board and staff;
Mr. Cheney said he will be going over the details with the CAB, which
has made a lot of recommendations. Some of our concern relates to the
staff requirements to bring about enforcement. Mayor Cassandra said
Mr. Cheney should meet with the CAB regarding the landscape code, and
after a solution has been developed, have a special meeting.
Noise Ordinance Enforcement Training
Arrangements have been made with Dr. Stanley Dunn of Florida Atlantic
University to train Noise Inspectors so they can be certified; this
training will take place in October and will initially include four
people from the Police Department and two from the Codes Enforcement
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTHN BEACH, FLORIDA
SEPTEMBER 17, 1985
Division of the Building Department. The training will be two after-
noons a week for three weeks, which meets the minimum requirements of
the State for Certified Noise Inspectors. With this and the purchase
of necessary equipment, we will be prepared to control the noise con-
cerns and take those issues to court. Dr. Dunn's charge is $500; he
will also review our current noise ordinance as he goes through the
course to see if it needs revision.
Councilman Warnke said the noise from Shooter's Restaurant triggered
this concern. LaNotte created a noise nuisance, but Shooter's creates
much more. It has become a public nuisance and is disturbing the
in his opinion. People living closeby are actually leaving the
on Saturday and Sunday afternoons because of the noise of the
He is still getting phone calls on weekends regarding the
and would like to get it abated. Mr. Cheney said we will con-
to work on this throughlthe Police Department in the interim--
the Noise Inspectors' training is completed.
Dr. iRobbins Water Billing
Mr..Cheney said his research revealed that on Jaunary 14 the City read
· which was installed in December, for the first time; the
~ box itself was full of water at the time of the reading. This
indicated by our employee and was brought to the attention of the
~pe~. We determined at that time that there were no leaks in the
.ng; we still feel there were leaks outside the building on the
:r's side of the meter. We returned to read the meter on February
ter two months of use; the meter showed 194,000'gallons--or
97 per month--were used. Mr. Cheney said there is sandy soil and
a . L1 nearby; therefore, that amount of water would no necessarily
ca e. He passed to the Council a sample showing the small
si hole 97,000 gallons of water would pass through in a month.
talked with Mr. Tannen, the developer, to whose attention
had brought the high water bill. Mr. Tannen said that in
to this he gave Dr. Robbins $150 toward the $300 water bill.
ographs show that the water pipe was repaired; the evidence
~s~ there was a leak on the user's side of the meter, the water
repaired and for some reason Mr. Tannen paid half of the
)ill. Of the $300 now owed, only $150 will be out of Dr.
pocket.
is
Robbins, who asked to speak to the Council if Mr. Cheney's report
Lvorable toward reducing his utility bill, came before the
and said he sees this as a matter of fairness and common
~. He read letters from his next door neighbor, Dr. Kaufman, a
st, and Mr. Mel Tannen stating they were present when the Utility
dug up the area around the meter box in June, 1985, and
was no evidence of repairs. Dr. Robbins said he did not cash
~nen's check and does not think it should have any bearing on
tter.
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Councilman Zimmerman asked what Dr. Robbins thought happened, and the
reply was he did not know--the water was not used, there was no
flooding--there was an error. Mr. Zimmerman said a small underground
leak would not cause flooding above the ground; it would go down to
the water table without any notice. He told about moving into his
house and going on vacation, during which time the developer hooked
his hoses up and watered the neighboring lawns day and night, using
85,000 gallons of water. He was held responsible for the use of that
water; the water was used. He approached the developer, and he paid
for it. There was nothing wrong with the meter; meters do not correct
themselves--if it was bad, it would have remained bad.
Councilman Hester had a problem when he moved into his house. The
City took his meter to the water plant and checked it; it was correct
and he had to pay.
Mayor Cassandra thought there might be some compromise, but he had the
feeling the consensus of opinion among the Council is that Dr. Robbins
should pay the bill. Vice Mayor Ferrell moved, seconded by Councilman
Zimmerman, that Dr. Robbins pay his water bill in full; the motion
carried 4-1, with Mayor Cassandra dissenting.
PUBLIC AUDIENCE
No one wished to speak.
CONSENT AGENDA
A. Minutes
1. Regular City Council Meeting Minutes of September 3, 1985
2. Special City Council Meeting Minutes of September 5, 1985
B. Bids
Two 150 GPM & Two 75 GPM Submersible Pumps & Control Panels
(LS %402 and LS %401) - Utilities
The Tabulation Committee recommends awarding the bid to the low
bidder, Barney's Pumps, Inc., Lakeland, Florida in the amount of
$15,328.
2. Batteries for Golf Carts - Golf Course
DELETED
3. One Ryan Airifier - Golf Course
Based on research of the Golf Course Manager and Superintendent, the
recommendation is to award the purchase to Turf Pro's, Inc., Ft.
Lauderdale, Florida in the amount of $1,799.
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
4. Five Street Construction Projects
The Tabulation Committee recommends awarding the bid to All-Rite
Paving, Inc., Davie, Florida in the amount of $69,147.35.
5. Decor Block Wall Enclosure for Well %10 - Utilities
The recommendation is to award the construction of said wall to the
lowest of four quotes, C & R Services, Delray Beach, Florida in the
amount of $1,712. Work done by this company in the past was of high
caliber--good quality and fair pricing.
C. Resolutions
Proposed Resolution No. 85-GGG Re: Acceptance of Final Plat -
Chalet IV, Plat %1
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE
FINAL PLAT FOR CHALET IV, PLAT NO. 1, A PART OF THE MELEAR P.U.D., IN
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST
Proposed Resolution No. 85-HHH
& Disclaimer - Dos Lagos
Re: Abandonment of Easements
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, VACATING AND ABANDONING ALL EASEMENTS LOCATED ON TRACT G,
TRACT I, TRACT H, AND TRACT E, AS SHOWN ON THE PLAT OF DOS LAGOS, A
PLANNED UNIT DEVELOPMENT (PUD), SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID EASEMENTS; PROVIDING THAT THE ATTACHED DISCLAIMER
BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
D. Development Plans
Consider request for approval of replat of a previously
platted subdivision to allow creation of condominium tracts at
Boynton Beach Distribution Center located at the S.E. corner
of Miner Road at High Ridge Road. Request submitted by Ewing
& Shirley, Inc., Agent for Boynton Beach Distribution Center
Associates, Owners
The Planning and Zoning Board recommended approval of this request as
submitted.
Consider request for approval of construction plans and preli-
minary plat which provides for the construction of infrastruc-
ture improvements to serve twenty-three (23) single-family
units in connection with a previously approved Planned Unit
Development for Boynton Lakes, Plat 3A, located on the East
side of Boynton Lakes Boulevard south of LWDD Canal 19.
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Request submitted by Rick Rossi, P.E., Agent for Lennar Homes,
Inc.
The Planning and Zoning Board unanimously recommended approval of this
request, subject to staff comments.
Consider request for site plan approval to construct a 90,000
square foot office/retail complex on 10.88 acres, known as
Savannah Square and located at the N.E. corner of Congress
Avenue and N.W. 22nd Avenue. Request submitted by
Bryan/Reynolds Architects Planners, Inc., Agent for Sybar, A
Development Corporation
The Planning and Zoning Board unanimously recommended approval of this
request, subject to staff comments.
Consider request for approval of an amended site plan to allow
for an expansion of the existing storage room at the High
Ridge Country Club clubhouse located on the south side of
Hypoluxo Road, east of LWDD Canal E-4. Request submitted by
Daniel O'Connell General Contractors, Inc., for High Ridge
Country Club, Inc.
The Planning and Zoning Board unanimously recommended approval of this
request, subject to staff comments.
Consider request for construction of revised signage and
landscaping improvements at entrance to Dos Lagos located east
of Congress Avenue, south of LWDD Canal L-20. Request sub-
mitted by Andrew C. Giarrizzo, c/o Rhett Roy, Agent for
F.S.C., Inc.
The Planning and Zoning Board unanimously recommended approval of this
request, subject to staff comments.
Consider approval of construction of signage improvements for
Club Meadows entrance located west of Congress Avenue, south
of Hypoluxo Road. Request submitted by Timothy Priegal, Agent
for Highland Land Corporation.
The Planning and Zoning Board unanimously recommended approval of this
request, subject to staff comments.
Consider approval of request submited by Mr. Clifford F. Burg &
DiVosta, representing Sandalwood of Boynton Beach, to place two
(2) construction trailers on Congress Avenue, in conjunction with
the construction of Chalet IV, townhouse units.
The Building Department recommends approval in accordance with Chapter
25, Section 25.7 of the City of Boynton Beach Code of Ordinances.
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Consider approval of Contingency Transfers - (1) City Attorney,
(2) City Hall, (2) City Council
As listed on the Budget Transfer Requests from the City Manager to the
Finance Department, dated September 5, 1985.
Consider approval of request from Palm Beach Leisureville to erect
six temporary signs for their annual Bazaar
This request was made by Ms. Jeanne F. Creighton, Office Manager of
the Palm Beach Leisureville Community Association, in a letter dated
September 3, 1985.
Consider approval of the Amended Community Development Block Grant
Agreement with Palm Beach County Division of Housing and Community
Development which extends the Subgrant Agreement to 3/31/86 to
allow for completion of ongoing capital improvement projects
Requested by Mr. Allan M. Schnier, Director of the Palm Beach County
Division of Housing and Community Development, in his letter of August
30, 1985, to the City Manager.
Consider approval of Community Development Block Grant Agreement
with Palm Beach County Division of Housing and Community
Development for 1985/86
Agreement sent to the City Manager by the Director of the Palm Beach
County Division of Housing and Community Development under cover of
his letter of September 10, 1985. By memo of September 11, 1985, the
City Manager forwarded same to the Finance Director and Personnel
Director for review and recommendation as to whether or not we could
comply.
Jg
Concur with Community Relations Board's recommendation to contri-
bute an additional $750 to South County Drug Abuse Foundation
Recommended unanimously by the Community Relations Board at their
September 11, 1985, meeting, as outlined in the City Manager's memo of
September 17, 1985, for Council Agenda.
Ratify South County Regional Wastewater & Treatment & Disposal
Board Actions of September 12, 1985
1. Approval of Capital Expenditures for the 1985/86 Budget
2. Approval of O & M Operating Budget for 1985/86
3. Approval of Recommended User Fee
Consider Excavation and Fill Permit Request - Costa Bella (Colodny
Property)
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Request was made by D. M. Ambrose Associates, Inc., to the City
Engineer, who recommends approval subject to an acceptable restoration
bond in the amount of $12,207.
Approve request for Zoning Approval for Alcoholic Beverage License
for D.J.'s Restaurant, 301 East Boynton Beach Boulevard, Boynton
Beach,Florida 33435
Deputy Building Official states that zoning for this address permits
the sale of beer and wine for consumption on premises with a duly
licensed restaurant.
N. Approval of Bills
List attached.
Vice Mayor Ferrell made a motion, seconded by Councilman Hester, to
approve Consent Agenda Items A-l,2; B-1,3,4,5; C-1,2; D-1,2,3,4,5,6;
E; F; G; H; I; J; K-1,2,3; L; M; and N.
Mr. Cheney pointed out that in Resolution No. 85-GGG, there are a
number of items that still must be supplied by the developer and
engineer; they are aware that they must supply those before the plat
can be recorded. They have an October 1 contract problem.
Mayor Cassandra asked Attorney Doney if Item H is legally OK. Mr.
Cheney said Mr. Doney has not had a chance to read this; it is a stan-
dard contract provided by the United States Government and the County
Community Development. If we want to receive the money, we sign the
contract; the same applies for Item H.
Mayor Cassandra asked if Item F is for the City Attorney or the labor
lawyer; Mr. Cheney replied that it is the City Attorney's budget but
most of it is labor lawyer adjustments and in some cases attorneys'
fees for special cases such as JCF. Mr. Cassandra said we are getting
a detailed bill now from our attorney; he expects the same from the
labor lawyer.
The motion on the floor to approve the above-listed Consent Agenda was
voted upon and carried 5-0.
BIDS
A. Acceptance of Lease for Truck for Roll-0ff Dumpster Collection
At the August 20, 1985 meeting the Council approved the principle of
the City entering into roll-off dumpster collection to be carried out
by the Sanitation Division of the Public Works Department. The ser-
vice is to begin November 1, and Mr. Cheney recommends accepting the
proposed lease with South Florida Mack Trucks, Inc., at the amount of
$1,788.50 per month. In response to Councilman Warnke's question con-
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
cerning leasing versus purchasing, Mr. Cheney replied that the money
was not budgeted in advance. Mr. Richard Walke, Director of Public
Works, said at the end of the four-year lease the City will own the
truck. Mayor Cassandra asked what happens for back up if the truck is
down, and the reply was that the City is responsible.
Councilman Warnke moved, seconded by Councilman Zimmerman, to accept
the lease for the truck for roll-off dumpster collection as presented
in the City Manager's memo of September 17, 1985, with the vehicle
being the property of the City at the end of the four-year period.
The motion carried 5-0.
PUBLIC HEARING
Request for an amendment to the Future Land Use Element of the
Comprehensive Plan from Medium Density Residential to Local Retail
Commercial, and rezoning from R-2 Single and Two Family
Residential to C-3 Community Commercial, for the purpose of
expanding the existing lumber yard to allow lumber storage and
staging. Request submitted by Jim Terhorst, Agent for Gulf Stream
Lumber Company, Inc., for area on S.E. corner of S.E. 12th Avenue
and S.E. 2nd Street
equest for abandonment of a 50' street right-of-way (S.E. 2nd
treet) between S.E. 12th Avenue and the dead end. Request sub-
mitted bY Jim Terhorst for Gulf Stream Lumber Company, Inc., for
area of S.E. 2nd Street, south of S.E. 12th Avenue
Mr. Carmen Annunziato, Director of Planning, addressed related Items A
and B in a combined presentation. He said the Council has a report
which considers the surrounding land use and zoning, the present con-
ditions and the Comprehensive Plan. The current debate on this
request has been reduced to two areas of argument--the timing and the
appropriateness of the request. Concerning timing, both the staff and
the Planning and Zoning Board recommended that this request be denied
and subsequently be addressed as part of a comprehensive pl:anning
action. With respect to the appropriateness issue, testimony was
placed on the record by a resident and by businessmen in the neigh-
borhood, which suggests that this request is inappropriate because the
area in question is improving over conditions which existed years ago
and because this request may constitute favorable treatment, for the
applicant not available to others.
Concerning the abandonment request, the applicant has requested the
abadonment of S.E. 2nd Street lying south of S.E. 12th Avenue. This
request was conditioned by the Planning Department initially to remove
what would have been the abandonment of one-half of the right of way
adjacent to the northernmost lot. The Planning and Zoning Board
recommended against this request, suggesting that abandonment at this
time may preclude orderly development in this area in the future. If
the Council concludes that this abandonment should be approved, it is
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
recommended that it be subject to staff comments, as there are utili-
ties located in portions of the street.
Mayor Cassandra wanted the record to show that his daughter works for
Gulf Stream Lumber Yard.
Councilman Hester said he was at the Planning and Zoning Board meeting
and it seemed to him that Mr. Terhorst was in agreement to wait a
year. Mr. Annunziato said it would be at least a year before there
could be a change.
Mr. Jim Terhorst, Chief Operating Officer for Gulf Stream Lumber
Company, came before the Council; he said they have been in business
in the Boynton area for 32 years, during which time they enjoyed a
very good relationship with the City and all of their neighbors. He
said the City Planner has spoken both for and against any change in
zoning~ although he recognizes that it needs to be addressed. The
issue is timing rather than whether or not it should be corrected. He
said an emotional dissertation was given at the P&Z Board meeting last
week implying that they as big business are encroaching on the neigh-
borhood and trying to drive the neighbors out, which could not be
further from the truth. They are trying to establish a barrier bet-
ween the commercial property they currently own and the five lots
directly adjacent to their property. No one chose to develop or do
anYthing with the property when it was available; it became five lots
that gathered all kinds of trash. Since they have owned the property,
they are constantly cleaning and fixing it up.
Mr. Terhorst read comments to the Council from three of the neighbors
about whom Mr. Romano was concerned, all stating that they did not
object to the rezoning and thought the six-foot concrete wall would
provide increased security to them and improve the appearance of their
yards. He showed photographs of the view individuals would see from
the subject five lots if they should be developed as residential. He
said they are put at a disadvantage by having to come in and present
their problem again, which originally was addressed when the compre-
hensive plan was developed and they were told their pockets of problem
areas could be addressed through the normal established procedures.
Photographs were shown of Gulf Stream Lumber Company when they set up
business here; the City was very happy to have the owners of the Com-
pany locate here and passed zoning laws that would allow commercial
use at that location. The homes under consideration as being
encroached upon by Gulf Stream Lumber were not built at that time.
Mr. Terhorst said they are not out to destroy the neighborhood, but to
solidify it. The barrier wall will delineate commercial property from
the residential. He went on to say this is not spot zoning, but
rather an approval from the City Council to correct the situation they
are faced with--that of owning, maintaining and paying taxes on the
property on both sides of the street, yet they cannot park vehicles
across the street.
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Concerning the street abandonment, Mr. Terhorst said they have met
with officials in the City's Water Department and have given their
statement concerning moving the water meters and lines under their
supervision. They are willing to grant necessary easements. By
taking over the street they will immediately solve a flooding problem.
Currently they employ 166 employees, with a payroll output of over
$3,000,000, and.spend several million dollars locally. The addition
of the~e lots wili enable Gulf Stream Lumber to increase their busi-
ness by $7,000,000 in sales over the next five years and generate
employment for approximately 65 additional people.
Mr. Bob Allen, Vice President of Gulf Stream Lumber Company, came
before the Council'and said he was disappointed by the P&Z Board's
vote. He thinks the objections voiced by those opposed and the City
Planner's memo warrant further analysis and clarification. Two of the
three individuals who spoke in opposition were unable to succeed in
having their zoning on their property rolled back to that which was in
effect prior to the adoption to the Comprehensive Land Use Plan. They
offered no comments germane to this particular request--how it would
affect their own business, homes or quality of life. The other indi-
vidUal spoke in objection because he felt Gulf Stream Lumber was not
being upfront and candid as to their intentions.
Mr. Allen said they have every intention of r. emaining and growing.
He said the City Planner's memo stated it is unlikely this area would
be developed as single-family homes, and the consensus of opinion of
the P&Z Board Members was that it would become Commercial in just a
matter of time. He said without a variance it would be impossible to
develop lots 21, 22 and 23 as single-family home sites as presently
platted under R-2, as they contain only 5,500 square feet and 55 foot
of f!rontage and the Code requires 6,000 square feet and 60 feet of
frontage, and other R-2 uses are even less feasible. Since occupying
the warehouse buildings, they have routed as much traffic as possible
through their yard; the proposed abandonment would eliminate more
traflfic. The deterioration of older homes in the area was mentioned,
and Mr. Allen said there does not appear to exist any potential for
impriovement. He believes a bad decision was made with the
Comprehensive Plan 10 years ago and has been defended ever since. To
wait~ for the Comprehensive Plan evaluation and appraisal report to
address this area is not within their time frame, and they urge the
Council to give every consideration and vote positively on this appli-
cation.
Mr. Matthew Romano, 1321 S.E. 3rd Street, came forward to speak in
opposition. He said the Council is being asked to rubber stamp the
applicant's actions, which only took into account their own interests.
The issue in his opinion was of a business wanting to expand its
volume at the expense of families living nearby. He felt the neigh-
borhood is being gobbled up on a piece-meal basis--not in an up-front
manner; he stated the neighborhood has improved in recent years but
the people are intimidated by Gulf Stream Lumber Company. He agrees
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MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
with the assessment of the Planning Department and P&Z Board of the
entire matter and their recommendation for denial of the application.
He asked that the City protect the interests of the people rather than
of big business. In response to Councilman Warnke's question, Mr.
Romano said he felt he spoke for most of his neighbors. Mayor
Cassandra clarified that five homes are involved.
Councilman Warnke said, based on the recommendations of the P&Z Board,
who voted 5-2, and the recommendations of the City staff, he made a
motion that the request for amendment to the Future Land Use Element
of the Comprehensive Plan and the rezoning from R-2 Single and
Two-Family Residential to C-3 Community Commercial be denied.
Councilman Zimmerman seconded the motion. Councilman Hester felt the
matter should be looked over as a whole. Mayor Cassandra felt the
area is deteriorating presently and that Gulf Stream Lumber Company
hias been a good neighbor, having received a beautification award from
the Chamber of Commerce for their attractive landscaping. He does not
owever, that they should wipe out the citizens. It seemed to
the Council could act now to start the beautification of that
area, rather than waiting until later. Mrs. Boroni took a roll call:
Vice Mayor Ferrell - Aye
Councilman Hester - Aye
Councilman Warnke - Aye
Councilman Zimmerman - Aye
Mayor Cassandra - Nay
The motion to deny the application carried 4-1.
Councilman Warnke moved, seconded by Councilman Zimmerman, to deny the
applicant's request for abandonment of the 50 foot street right of way
for S.E. 2nd Street between SoE. 12th Avenue and the dead end. As no
one spoke during the public hearing, it was closed. In response to
Mayor Cassandra's question, Mr. Annunziato said there are three
buildings on the west side of $.E. 3rd Street, two of which are owned
by Gulf Stream Lumber. The building at S.E. 12th Avenue is not owned
by them; that was the reason for the staff comment to remove from the
request the northern 50 feet, as that portion of the street would
serve that building. He said the P&Z Board seemed to have the feeling
that to abandon at this time would preclude deliberation in the future
as to whether or not it should be abandoned, and it was questioned how
those lots could be developed under the existing zoning if the street
was abandoned.
A roll call was taken by Mrs. Boroni:
Vice Mayor Ferrell - Aye
Councilman Hester - Aye
Councilman Warnke - Aye
Councilman Zimmerman - Aye
Mayor Cassandra - Nay
- 12 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
The motion to deny this abandonment carried 4-1.
Ce
Request to annex a 10.84 acre tract of land located on the S.W.
corner of High Ridge Road and Miner Road (High Ridge Center).
Request to show annexed land as Low Density Residential and to
rezone from RS (Residential Single Family) to R-1AAA (Single
Family Residential), in order to request future rezoning to PID
(Planned Industrial District). This project is The High Ridge
Center located on the S.W. corner of High Ridge Road and Miner
Road. Request submitted by Roy O. Barden, Agent for Max Schorr,
Trustee.
Mr. Annunziato said this parcel of land is surrounded in almost all
respects by the current corporate limits. The portion of High Ridge
Road adjacent to the property should be annexed as a part of this
action if approved; the road was dedicated to the City of Boynton
Beach. If annexed, it is the applicant's stated intention to seek a
further rezoning in the future to PID (Planned Industrial Development)
if the Board of Adjustment acts favorably on a request for a zoning
variance for a reduction in lot size from 25 acres to 10.8 acres.
The Planning and Zoning Board unanimously recommended that these
requests be approved subject to staff comments.
Mr. Roy Barden, a Landscape Architect from Boca Raton, said they
endorsed the staff recommendation and recommend that the Council
approve the annexation, land use amendment and rezoning. Mr. Barden
explained that the 10 acre tract is adjacent to an M-1 (Light
Industrial) tract on the west and to the south and southeast is
Boynton Beach Park of Commerce. To the west is vacant property, and
to the north is the existing horse farm. Miner Road (extended) is
along the north boundary of the tract. The owner, Mr. Schorr, is
ready to dedicate his portion of Miner Road (extended) to High Ridge
Road. Mr. Barden said the PID land use amendment and rezoning process
will become more lengthy October 1, which could delay them approxima-
tely a year, resulting in a hardship. Their application has been
pending since July, so they would appreciate staff considering action
by the City during this year. Mayor Cassandra asked if this would be
spot zoning when it becomes a PID, and Mr. Annunziato said PID is the
dominating factor in the area.
Mayor Cassandra asked if anyone wished to speak against this applica-
tion, and no one responded; the public hearing was closed. Councilman
Hester moved, seconded by Vice Mayor Ferrell, to grant the request to
annex the 10.84 acre tract of land located on the Southwest corner of
High Ridge Road and Miner Road, subject to staff comments. The motion
carried 5-0.
De
Request for COnditional Use submitted by Michael Brinkman for
Bud's Chicken and Seafood Restaurant to construct a drive-thru
restaurant located at the 500 block of East Boynton Beach
Boulevard (Central Business District)
- 13 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Mr. Cheney said this is the first application to come through the pro-
cess of the Community Redevelopment program and the Downtown Review
Board rather than the Planning and Zoning Board.
Mr. Jim Golden, Assistant City Planner, presented the site plan. The
site is located on the north side of Boynton Beach Boulevard imme-
diately east of the FEC Railroad tracks, south of N.E. 3rd Avenue.
The restaurant is 2,934 square feet; a vacant footprint is left for a
future proposed office building. On the north side is a two-way
accessw and the same appears on Boynton Beach Boulevard on the south
side. The Technical Review Board at their meeting of August 6, 1985,
recommended approval of the project subject to staff comments.
Councilman Warnke said the architect stated they would be amendable to
widening N.E. 3rd Avenue at their expense, although it was not made a
part of the restaurant; Mr. Annunziato confirmed that the plan shows
it as a two-way road, in which case it would have to be widened.
Councilman Warnke asked about the closing of N.E. 4th Street, and Mr.
Annunziato explained the reasons.
Ms. Dianne Lawes, Executive Director of the Community Redevelopment
Agency, reported that the CRA voted 6-0 in favor of the conditional
use and the site plan (one Member was absent), subject to comments by
the Downtown Review Board and commentary from the Technical Review
Board. They noted that the DRB had granted a parking lot variance.
Ms. Lawes said everyone in the CRA and the DRB wanted the Council to
know they highly recommend approval of this plan and that they commend
the architect and the owner on their care in following the guidelines
for the Central Business District. They feel this project will set a
precedent as far as landscape and attention to detail is concerned;
they are very pleased with what has been done.
Mr. Cheney hoped every developer complies with these guidelines as
this applicant and architect have done; he added there are still some
open-ended issues with the DRB, such as the lighting and sidewalk.
Councilman Warnke said he is certain this will go forward as pre-
sented, as Mr. Clark, the contractor, is a member of our Codes
Enforcement Board.
Mr. Michael Brinkman, the applicant, asked for the Council's approval
of the conditional use and the site plan.
Mr. Brian Idle, Architect, Ms. Lawes for her help in this project and
the agencies for their recommendation. He said closing the access of
N.E. 4th Street onto Boynton Beach Boulevard not only relieved their
parking lot variance situation, but fully adheres to the guidelines of
the Downtown Redevelopment Master Plan in eliminating pedestrian and
vehicular conflicts. They realize the existing businesses utilize
N.E. 4th Street and Public Works needs it to in sanitation collec-
tions. They felt it should be merely closed now and perhaps abandoned
at a later time. Mr. Idle appreciated that their hard work has been
commended.
- 14 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Mayor Cassandra asked Mr. Annunziato how a street should be closed
off, as that is not addressed in the Code. Mr. Idle explained that
they are extending the sidewalk across the front of the property and
creating a landscape area with a pedestrian bench on Boynton Beach
Boulevard. On the north side, there will be a hedge with a cut to
enable pedestrians to pass through. Mr. Cheney added that signs will
be placed there also.
Mr. Idle said he was present here in February when the zoning was
changed to CBD; this project was in the planning stages during the
'um. He said Mr. Brinkman, being a businessman, has been held
derably, and he wondered if there could be any way of getting
.1~ permit quicker than the 8 to 14 weeks it is now taking.
Warnke said it is not the function of the Council to
permits. Mayor Cassandra said the staff will do
best, as they always do. Mr. Cheney said the biggest burden of
the last few months has been the 120 building permits for the mall.
To date 105 have been approved, and the list is down to 15. He said
it Should take less tim~ now, although we received 300 building permit
applications i.n the month of September.
No one else wished to speak in favor of or against this application,
so the public hearing was closed.
Vice Mayor Ferrell moved to approve the request for conditional use
and the site plan for Bud's Chicken and Seafood Restaurant subject to
staff comments, and Councilman Hester seconded the motion. Mayor
Cassandra said the DRB did not complete their review; he recommended
that on future applications they keep it until it is completed rather
than sending it to the Council. He thought there should be a commit-
ment from the applicant that they will comply with the remainder of
the DRB's recommendations. Mr. Brinkman said they agree to use the
specified lighting and the sidewalk treatment; the only thing unclear
is the type of wood to be specified in the downtown area. He said
they can use Bongossi in limited amounts, but because of the expense,
they cannot use it on the boardwalk. That type of wood is grown in
Africa and is very expensive. Mr. Burton, Chairman of the Downtown
Review Board, said the DRB approved the lighting. Mr. Cheney was not
worried about the lighting.
Mayor Cassandra thought signage is important; a photograph was shown
by the architect, with the sign appearing in front of the building
lower than roof level.
A vote was taken on the motion on the floor and carried 5-0.
Request by Palm Beach County for municipal annexation by the City
of Boynton Beach of public rights-of-way located in various unin-
corporated areas adjacent to city limits.
Mr. Annunziato said several months ago the Engineering Department for-
warded to the Council the request to adopt new municipal corporate
- 15 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
limit descriptions. One of the issues raised was consideration for
annexation of unincorporated public rights of way, which would square
off corporate limits and reduce confusion in emergency situations.
The Council deferred action on the request, and the issue of annexa-
tion was referred to the Planning and Zoning Board for public hearing
purposes and for recommendations. The P&Z Board conducted a public
hearing and, based on the conclusions, unanimously recommended that
the rights of way be annexed.
No one spoke during the public hearing. Councilman Warnke moved,
seconded by Vice Mayor Ferrell, to grant the request of Palm Beach
County for municipal annexation by the City of Boynton Beach of public
rights of Way located in various unincorporated areas adjacent to city
limits. The motion carried 5-0.
Mayor Cassandra announced a short break, and the meeting resumed at
9:35 p.m.
DEVELOPMENT PLANS
Consider request for approval of an amended site plan for Forum
Shoppes located at N.E. corner of Congress Avenue and Ocean Drive
to allow for a reduction in office floor space and a change in
parking lot configuration and access. Applicant also requests
approval of a revised shared parking plan. Request submitted by
Robert K. Kessel.
Mr. Annunziato said this request did not appear on the Consent Agenda
because it was accompanied by a request for shared parking allocation.
This request was approved in its final form about 12 months ago. Due
to changes mandated by Palm Beach County to the location of the median
and to changes by the applicant to the site plan, the application was
resubmitted. It went to the P&Z Board; at their meeting last Tuesday
it was their unanimous recommendation to the Council to approve the
site plan and the new shared parking location. This request was
reviewed by the Community Appearance Board and was approved. In
response to Mayor Cassandra's question, Mr. Annunziato said the neigh-
bors are all cooperating with the parking; he confirmed this with them
at the P&Z Board meeting.
Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve
the request for the amended site plan for the Forum Shoppes located at
the N.E. corner of Congress Avenue and Ocean Drive. The motion
carried 5-0.
Be
Consider forwarding the Application for Annexation submitted by F.
Martin Perry for Knuth Road Associates to Planning & Zoning Board
for public hearings. The proposal is to annex a 3.495 acre tract
of land located at the S.E. corner of Knuth Road and Old Boynton
Road.
- 16 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON.BEACH, FLORIDA
SEPTEMBER 17, 1985
Mr. Annunziato said the City Manager recommended that this be sent to
the Planning and Zoning Board for public hearings, and they concur.
Vice Mayor Ferrell moved, seconded by Councilman Hester, to forward
the application for annexation submitted by F. Martin Perry for Knuth
Road Associates to the Planning and Zoning Board. The motion carried
4-1, with Councilman Warnke dissenting.
Ce
Recommendation from Community Redevelopment Agency and Downtown
Reveiw Board for Pineland Plaza Shopping Center Site Plan, located
on the West side of U.S. 91 between S.E. 1st Avenue and S.E. 2nd
Avenue (Central Business District), submitted by Digby Bridges,
Marsh & Associates, P.A. Architects & Planners
Mr. Cheney had thought the architect would be present at this meeting,
but he was not. The Council approved this application subject to its
going before the Downtown Review Board and following all of their
conditions; this has been done with cooperation. The lighting is
still pending with the DRB. Ms. Lawes said the architect, Digby
Bridges, changed his site plan and landscaping and offered several
proposals for the DRB to consider; everyone is well pleased with the
results. MaYor Cassandra asked that the minutes reflect that the
Council has received this report on this project.
De
Consider Height Exception for J.C. Penney - Boynton Beach Mall
(Current Cooling Tower height is 51 feet - requesting additional 7
feet)
Mr. David Bean, a representative of J.C. Penney Company, came before
the Council with their engineer, Mr. Dave Jacobs, to answer questions
regarding the request to erect their TV antenna seven feet above the
cooling tower, reaching a total height of 58 feet. Councilman Warnke
said an antenna at the allowable height of 45 feet could bring in
Channels 5 and 12 from West Palm Beach with clarity. Mr. Jacobs said
it is customary for the department stores he services throughout
Florida to be able to receive the available channels in the area. Mr.
Warnke asked why they do not use cable, and Mr. Bean said a cable com-
pany was offered the opportunity earlier but declined to install cable
at the~mall because it would be too expensive for the amount they
would receive in return after it was installed. Mr. Warnke said he
had talked to Mr. Joseph at Group W Cable TV, and he said they are in
the area and would be happy to cooperate and furnish excellent cable
reception. Mr. Jacobs said this is the first he had heard of this; he
was going by information furnished to his company by the developer,
DeBartolo Company.
There was discussion between Mayor Cassandra and Mr. Jacobs about the
technical aspects of the issue and what heights would be required for
the various channels. Councilman Zimmerman moved, seconded by Vice
Mayor Ferrell, to grant the request for the height variance for one
antenna attached to the cooling tower as presented. Councilman Warnke
- 17 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
said this could set a precedent; Mayor Cassandra said every height
variance is weighed on its own merit. The motion on the floor was
voted upon and carried 4-1, with Councilman Warnke casting the
dissenting vote.
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
None.
B. Ordinances - 1st Reading
None.
C. Resolutions
None.
D. Other
1. Select Underwriters for Utility Revenue Bond Sale (Report made)
Mr. Cheney explained that, after meeting with Prudential-Bache, it is
recommended that a fourth underwriter be added to the team who will be
issuing the City's utility bonds. William R. Hough and Company will
remain the principle underwriter.
Councilman Warnke asked how the determination will be made as to who
receives the 6 2/3 percent held in reserve. Mr. Robert Middlemas of
Prudential-Bache said this is an incentive bonus; he wants to
encourage the participation of all of them in this transaction and
thinks having some discretionary allocation of management fees
encourages everyone to do his best, benefitting the City. Councilman
Warnke asked how much money this involves, and Mr. Middlemas answered
about $10,000. Mr. Cheney said the management fee will be fixed,
depending on the size of the bond issue.
Mayor Cassandra asked why the fourth underwriter is being added, when
Mr. Roberts was not too eager to participate in the $6.3 million
because of the small number. Now he is eager to participate in the
$25 million issue. Mr. Middlemas told of the importance of
experience.
Vice Mayor Ferrell moved, seconded by Councilman Warnke, to approve
the recommendation presented by the City Manager in his memo of
September 17, 1985, for the addition of a fourth underwriter in the
form of Arch W. Roberts and Company in the proportion of 20 percent
and the 6 2/3 percent incentive bonus concept. The motion carried
5-0.
- 18-
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
Consider Utility Service Agreement - Two Agreements for
Coconut Lane
Mr. Cheney said this project is just west of Hunter's Run; it is in an
area to which we plan to provide water and sewer service. The density
is five units per acre. From the point of view of the water service
delivery system itself, this piece of land should be served by our
utility system. He said the recommendation is for approval of this
agreement.
Vice Mayor Ferrell moved, seconded by Councilman Zimmerman, to approve
the water service agreement for the Coconut Lane project. Councilman
Warnke said this may be just another example of the continued eating
away of our water supply; even though it has been approved and
expected for some time, he would rather wait until we know how much we
will have for the residents. Councilman Zimmerman commented that this
is 51 units. A vote was taken, and the motion carried 4-1, with
Councilman Warnke dissenting.
OLD BUSINESS
Post Office Utilities
Mr. Cheney said he had previously asked the Council for their opinions
concerning doing some additional service work in the area of the post
office, which would help resolve some complications with utility lines
at the post office and also enable the City to serve three parcels of
land south of the post office in the future. Today he met with post
office officials and found they are faced with $21,000 in costs to
solve their utility problems, including boring under Boynton Beach
Boulevard from their location to a manhole on the north side of the
street in an area which is full of lines. We would like to have the
post office give the City the $21,000, and we would install a system
with a lift station that will serve the three parcels between the post
office and Congress Middle School. This would resolve a lift station
problem; the cost to the City would be about $17,000 plus the monitor.
The coordinator for the project thinks they can turn over the $21,000
to the City for this purpose, but he must get agreement from his asso-
ciates in Tampa.
There will be bids for the public utility lines and lift station, and
also for a plumber to install the private lines on the post office
property. The purpose of that would be to resolve the post office's
problems with its own contractor. Mr. Cheney said we could not
approve the first utility system the post office approved, but this
one we can. They are trying to acquire better access. The Council
gave unanimous direction to the City Manager to proceed with this
recommendation.
NEW BUSINESS
- 19 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
High Ridge Heights Agreement for Water Service Outside City Limits
Mr. Michael Lannon, the attorney representing the developer of lots in
High Ridge Heights, came before the Council. Mr. Cheney explained
there has been a problem with the County Environmental Control Board
concerning what will happen to sewage for that area. Mr. Lannon said
at the end of paragraph 1 an additional sentence should be inserted to
read, "Notwithstanding any other provisions herein, the City waives
the requirement for sewer services to accompany water service to High
Ridge Heights."
Mr. Cheney said we have a general provision that, where you have
water, you also have sewer service; Mr. Lannon will ask tonight that
we waive that point, as has been done at times in the past.
Also present were Messrs. Paul Schofield, to answer engineering
questions, and Mr. Sceblo, a representative from the developer.
Mr. Lanner said the individual lots are between one-half and one acre,
and Palm Beach County requires that a variance be obtained from the
Environmental Control Board to put in a well and septic tank, which
his client did, with the proviso that an agreement for water service
be entered into with the City of Boynton Beach. The City's normal
procedure is to provide both sewer and water service, but the Palm
Beach Health Department has stated that sewers are not necessary for
this area. Mr. Lanner said sewers are impractical in that area far
from the City; they are asking the Council to a~ree to furnish water
service only. They agree for the built lots to pay the standard
impact fee to the City. Internal water lines already exist on the
property. The City wants fire hydrants installed and other technical
work done, for which they are either bonding $23,000 or paying cash.
The developer is agreeing to pay the tie-in fees when the lines are
brought up to this property. Mr. Cheney said the City was not aware
when the lines were originally being put in and did not inspect them.
The City's lines are a substantial distance away and will not be
extended until the areas north of Miner Road are developed; the deve-
loper should make the purchasers of lots in the area aware of the con-
dition. People who build houses in the area will pay the Capital
Facilities Charge applicable at the time.
Mayor Cassandra summarized that this area currently has septic tanks
and wells, but in the event the water lines reach the area, they will
cover the City's requirements with the bond and existing internal
improvements.
Mr. Lanner said in the event of contamination, there is a contractural
obligation to extend the line from wherever it happens to be to the
development. He said this is unlikely because of the topography.
Mr. Clint Conover, a lot owner, asked if the impact fees will be
passed on to lot owners. Mr. Cheney answered affirmatively,
- 20 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
explaining that an individual owner would pay his own Capital
Facilities Charge, but a developer building several houses would pay
this charge when he gets the building permit in the City or the
Certificate oi Occupancy in the County. In response to Mr. Conover's
question, Mr. Cheney said the fees depend on the Size of the house--
about $4,500 for a four-bedroom house at today's rate; the rate in
effect when the house is built will determine the fee at that time.
Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve
the agreement as recommended by the City Manager in his memo of
September 17, 1985 for water service outside the City limits. The
motion carried 4-1, with Councilman Warnke casting the dissenting
vote. Vice Mayor Ferrell had an engagement to attend and left the
meeting at 10:30 p.m.
ADMINISTRATIVE
A. Accept Emergency Management Plan
Councilman Warnke said he talked with an officer of Radio Relay
League, who advised they are cooperating with the City; arrangements
have been made for coordination with ham radios. He commended the
City's Emergency Preparedness Committee, chaired by Mr. Craig Grabeel,
for the fantastic job they did on the Emergency Management Plan.
Councilman Warnke made a motion, seconded by Councilman Zimmerman, to
accept the Emergency Management Plan as presented by Mr. Cheney in his
memo of September 17, 1985; the motion carried 4-0.
B. Palm Beach County Municipal League
Councilman Warnke is Boynton Beach's representative; he said at the
next meeting one of the things to discuss is "associate membership"
for people who are really interested in the League, such as Southern
Bell, Florida Power and Light or large corporations, who would be
admitted at a fee of $600 per year if the by-laws are changed. This
does not include the County at this time; the feeling of the Executive
Board was that this is a municipal league and they are uneasy with the
idea of the County having a say in municipal affairs.
Mayor Cassandra brought up the weighted vote issue. Councilman Warnke
said that has been passed. Mayor Cassandra ascertained that the con-
sensus of opinion among the Council is to give Councilman Warnke
direction to vote in favor of the Palm Beach COunty Municipal League's
1985/86 budget and the increase of $200 per year for dues.
C. South County Council of Governments - Designee and Alternata
Councilman Warnke moved, seconded by Councilman H~ster, to appoint
Mayor Cassandra as the Designee and Vice Mayor Ferrell as the
Alternate to represent Boynton Beach in the South County Council of
Governments. The motion carried 4-0.
- 21 -
MINUTES-REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1985
D. Transfer Vehicle for $1 to Mark Lewis
Mr. Cheney said he has not discussed this with Mr. Lewis; however, he
has a car problem. The vehicle, used by one of our Detectives for the
last three or four years, would bring around $500 to $550 in an auc-
tion. The recommendation is to sell it for $1, in effect, give it to
Mark Lewis if it is something he would like to accept. Councilman
Zimmerman moved, seconded by Councilman Warnke, to select an
appropriate car to be sold to Mark Lewis for $1. The motion carried
4-0.
ADJOURNMENT
The meeting was adjourned at 10:35 p.m.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
Councilman
ATTEST:
~/~~ty Clerk
lng Secretary
( Three Tapes)
- 22-
AGENDA
September 17, 1985
CONSENT AGENDA - ADMINISTRATIVE
Allen Insurance Aqenc~
Additional amount of Police Professional and Police
Station Liability Insurance.
Pay from General Fund---00!-211-52!-40-46
7,012.00
All-Rite Paving, Inc. Payment No. 4
Cherry Hill Roadway Improvement Project Phase iIB
Reimbursable from Community Redevelopment
Pay from General Fund---001-000-115-87~00
36,238.16
Allied Products ComDany
Pebble Quicklime-Hi Calcium for Water Treatment
Pay from Water & Sewer Revenue---401-332-533-30-65
3,196.14
Asp!undh Manufacturing Division
50' Aerial Lift Bucket Truck for Parks Department
Pay from Vehicle Service Fund---501-193-5!9-60-88
Per bid 12/7/84, Council approved 12/18/84
52,297.00
B & H Sales
Supplies for Water Distribution
Pay from Water & Sewer Revenue---401-333-533-60-54--2t00.00
" " ........ ---401-333-533-60-5A--1606.60
Total 3706.60
3,706.60
Boynton Beach Chamber of ~ommerce
Services for months of August & September, 1985.
Pay from Publicity Fund---101-191-5!9-40-54
2,350.00
~it¥ of Boca Raton
Fourth Quarter of fiscal year 1982/85 for Cooperative
Dispatch Center(CDC)
Pay from General Fund---001-2il-52!-40-79
75,962.00
Dan's Paint & Body Shop
Repair Parts & Labor for Police Vehicle %313.
Pay from General Fund---001-195-519-40-49
Accident of 8/1/85--Kent Walker/A. Brown
2,730.46
-2-
e
10.
11o
12.
13.
14.
15.
16.
17.
Dri-Tech Inc. $
Labor, Material and Service Call for two 24 Hr. Pump
Lock Out Clocks, 3/4" Cla Valve Strainer, Check Valve etc.
Pay from Golf Course---411-726-572-30-9B
Council approved 7/2/85
~lpex, I~c._
24 Tires for Vehicle Service Fund (Various sizes)
Pay from Vehicle ServiCe Fund---501-!93-519-30-22
Flamingo Oil Compan~
Oil for Golf Course and Vehicle Service
Pay from Golf Course $1376.70
Pay from Vehicle Service Fund .......... 37.80
Total $1414.50
General Tire Service
10 (Size I100 X20) Tires for Vehicle Service
Pay from Vehicle Service Fund---501-193-519-30-22
"Bid Item"
IBM Corporation
Copier III Model 60 from 9/1/85 thru 9/30/85
Pay from various departments in General Fund, Water and
Sewer Revenue and Golf Course.
Cube Ice Machine and Storage Bin for Public Works
Pay from General Fund---001-411-541-60-42
State Contract $740-65-85-1
Miller & Meier & Associates, Inc.
Amchitectural Services 7/26/85 through 8/25/85 for
Capital Improvement Program.
Pay from Federal Revenue Sharing---320-000-247-2B-00
Neptune Meter Company
50 i~"
2 Meters and 50 2" Meters for Water DistriBution
Pay from Water & Sewer Revenue---401-333-533-60-51
"Bid Item"
Orton Construction Company
Supplying and installing de-watering equipment for
emergency repair for Sewage Collection.
Pay from Water & Sewer Revenue---401-351-535-40-3F
1,958.36
4,097.28
1,414.50
1,689.30
2,402 . 73
2,172.22
7,198.62
19,882.50
1,300.00
COUNCIL APPROVED:
M.eet!ng:
18.
19.
20.
21.
22.
23.
24.
25.
-3-
Palm Beach County ~_o] id .Waste Authority
Use of County Landfill for month of July, 1985.
Pay from Sanitation Fund---43!-34!-534-40-9A
Pos~ Buck!e~ Schuh & Jern~gan, Inc. Inv.$6 Fi~al
For Professional Services rendered for period ending
April, 1985 (Boynton Water Study)
Pay from Utility General Fund---403-000-!69-01-00
Post,Buckley~Schuh & Jerniqan, Inc. Inv.$4
Professional Services rendered for period ending
July 31, 1985 for Boynton Beach Landfill - Phase II
Pay from Federal Revenue Sharing---320-000-247-2F-00
Russell & Axon
Professional services rendered on various projects.
Pay from Utility General Fund:
403-000-169-12-00
403-000-220-74-00
403-000-220-73-00
403-000-169-01-00
403-000-220-76-00
Total
1624.08
3877.65
1781.07
3779.06
4351.24
15413.10
Sav-On Utility Supplies, Inc.
Supplies for Water Distribution
Pay from Water & Sewer Revenue---401-333-533-60_51
"Bid Item"
South Central Regional Wastewater Treatment Board
Services rendered in connection with the treatment and
disposal of wastewater for the City of Boynton for month
of August, 1985.
Pay from Water & Sewer Revenue---401-353-535-40_9I
Southern Bui!dinq Code Conqress
Code Books for Building Department
Pay from General Fund---001-241-524-40-72
Unijax Inc.
Janitorial supplies for Building Maintenance
Pay from General Fund ........ 001-192-519-30-92
Pay from Vehicle Service Fund 501-193-519-30-92
Total
$1075.08
124.83
1199~9!
$ 47,355.75
I, 596.37
21,690.80
15,413.10
3,048.00
91,791.10
1,170.00
1,199.91
COUNCIL &P ROy D,
Mee ng.
-4-
The bills described have been approved and verified by the
department heads involved; checked and approved for payment
by the Finance Department.
Grady W~Swann, Finance Director
I therefore recommend payment of these bills.
Peter L. Cheney, City Manager
COUNCIL
· ~/1~/~:~
RUSSELL & AXON
Established in 1920
Engineers · Planners · Arc~tects
Incorporated
September 12, 1985
Mr. Peter L. Cheney
City ofBoynton Beach
P.O. Box 310
Boynton Beach, FL 33435
Suaiuary of Russell & Axon Invoices for Professional Services for city counc~i
approval·
For PL 92-500 Grant Application and Studies
Invoice No. 96, 00614-K
Authorization dated May 9, 1972
For Water Main Extension - Old Boynton Road
Invoice No. 4, 00642-H
Authorization dated January 20, 1983
For Palm Chase Sewer Service
Invoice No. 13, 01072-H
Authorization dated December 9, 1984
For Western Well Field
Invoice No. 3, 01951-B
Authorization dated May 22, 1985
For Water & Sewer Services, Windward S/D
Invoice No. 5, 01584-E.
Authorization dated October 4, 1984
For Water & Sewer Services, Windward S/D
Invoice NO. 9,. 01584-M
Authorization dated October 4, 1984
$ 1,624.08
$ 3,877.65
$ 1,781.07
$ 3,779.06
$ 1,797.90
$ 2,553.34
Total
$15,413.10
/wg
Attachments
cc: Perry A. Cessna (w/attch)
Betty Zobel - Finance
Milt Hallman (w/attch)
Invoice Correspondence
COUNCIL APPROVED:
Meeting:
110 EAST ATLANTIC AVENUE . SUITE 414 W · DEl,RAY BEACH, FLORIDA 33444
RUSSELL ~,. AXON, INC.
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
DATE Sept. 13, 1985
INVO;CE NO. 96
PROJECT NO. 00614-K
110 EAST ATLANTIC AVE. · SUITE 414 WEST · DELRAY BEACH, FLORIDA o 33444 · 305/:=78-2615
For professional services rendered in connection with
PL 92-500 Grant Application and Supporting Studies -
Ail in accordance with agre~nent dated June 10, 1968,
and Authorization dated May 9, 1972.
Enumerate and prepare final figures for Reimbursement
]~eqrdest and closeout of Grant, in accordance with DER
request. Determine costs of segments of se~r
system. Assist in preparation of user charges for
satellite customers and interlocal agreements for
proposed resolution. Prepare Final reimbursement
request to DER/EPA plus various required
certifications, all for August 5, 1985 closeout of
Grant. Clerical/Secretarial work.
· _,abor Cost - July 27 - Aug. 30, 1985:
37 Manhours $647.99
Mult ipl ier 2.50
_g~Droduct ion Expense
Postage & Express
Telephone
Mileage: 20 miles $0.205 /mile
$1,619.98
$0.00
$0.00
$0.00
$4.10
AMOUNT DUE THIS INVOICE
$1,624
RUSSELL. & AXON, INC.
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
DATE Sept. 13, 1985
INVOICE NO. 4
PROJECT NO. 00642LH
110 EAST ATLANTIC AVE. · SUITE 414 WEST . DELRAY BEACH, FLORIDA · 33444 . 305/278-2615
For resident inspection services rendered in
connection with Water Main Extension - 01d Boynton
Road, in accordance with Agreement dated June 10,
1968, and Authorization dated January 20, 1983.
F~etings and phone conferences with contractor re.
pipe supplier, valves, etc. Clerical/Secretarial work. Full
time representation while construction is in progress -
· ~pping sleeve & valve, 20-inch Ductile Iron Water
Main, excavation, and backfill. Preparation of Record Drawings.
Labor Cost - July 27 - Aug. 30, 1985:
98.0 Manhours
$1,497.17
Multipl ier 2.50
P~=product ion Expense
Postage & Express
Telephone
Mileage: 595 miles $0.205 /mile
$3,742.93
$0.00
$0.00
$12.75
$121.98
AMOUNT DUE THIS INVOICE
Note: 100% chargeable to funds on deposit with Cil~
~PPROVED fOR PA¥~EH~
RUSSELL & AXON, INC.
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
DATE Sept. 13, 1985
INVOICE NO. 13
PROJECT NO. 01072-H
110 EAST ATLANTIC AVE. · SUITE 414 WEST · DELRAY BEACH, FLORIDA · 33444 · 305/278-2615
For resident inspection services rendered in
connection with Palm Chase Sewer Service in
accordance with Authorization dated December 9, 1984.
Part-time representation while completion and
correction of discrepancies in work is in progress.
Ductile Iron Force ~ain, V.C. Sewer Main, Precast
Manholes, Jack & Bore crossings and connections.
Telephone calls and meetings with Contractor re.
construction details and numerous items of contract,
to insure adherence to specifications.
Correspondence re. contract details and completion
delays. Preparation of Record Drawings.
Clerical/Secretar ial work.
Labor Cost - July 27 - Aug. 30, 1985:
43.0 Manhours $708.00
Mult ipl ier 2.50
Reproduction Expense
Postage & Express
Telephone
Mileage: 54 miles $0.205 /mile
$1,770.00
$0.00
$0.00
$0.00
$11.07
AMOUNT DUE THIS INVOICE
$1,781
Note:
100% chargeable to funds on deposit with City.
APPROVED FOR P^YMENT
COUNCIL A?PROVED: ,
DirectorCf Utilities
RUSSELl-,,& AXON, INC.
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
DATE Sept. 13, 1985
INVOICE NO. 3
PROJECT NO. 01951-B
110 EAST ATLANTIC AVE. · SUITE 414 WEST ,, DELRAY BEACH, FLORIDA , 33444 , 305/278-2615
For professional services rendered in connection with
Phase I - Western Well Field; to provide Preliminary
and Final Plans & Specifications for Well Sites and
Raw Water Main Routes in accordance wi~h Agreement
dated June 10, 1984, and Authorization dated May 22,
1985.
Western Well Field: 'Research property owners and
recent changes, status of SR 804 proposed widening.
Conference with City Attorney re. requirements to
conduct negotiations or Eminent D<xaain proceedings.
Administration of Land Survey Sub-Contract, advising
of changes and additions. Clerical/Secretarial work.
Labor Cost - July 27 - Aug. 30, 1985:
91.0 Manhours $1,503.26
Multiplier 2.50
Reproduction Expense
Postage & Express
Telephone
Mileage: 102 miles $0.205 /mile
$3,758.15
$0.00
$0.00
$,0.00
$20.91
AMOUNT DUE THIS INVOICE
$3,779
COUnCiL PP OWD:
D]rectol Utilities
RUSSELL & AXON, INC.
City of Boynton Beach
P.O. Box 310
Boyaton Beach, FL 33435
DATE Sept. 13, 1985
INVOICE NO. 5
PROJECT NO. 01584-E
110 EAST ATLANTIC AVE. · SUITE 414 WEST · DEL;lAY BEACH, FLORIDA · 3:3444 · 305/278-2615
For professional services rendered in connection with
Water & Sewer Services - Windward S/D in accordance
with Authorization dated October 4, 1984.
Bid Construction Cost: $397,072.50
4% Design Fee: $15,882.90
Wc~k Completed through August 30, 1985:
$15,882.90 x 100% =
Less ~ount previously invoiced
$15,882.90
$14,085.00
AMOUNT DUE THIS INVOICE
100% chargeable to funds on deposit with City.
$1,797.!
COUNCIL
RUSSELL"& AXON, IN(D,
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
OATE Sept. 13, 1985
INVOICE NO. 9
PnOJECT NO. 01584-M
110 EAST ATLANTIC AVE. · SUITE 414 WEST ,, DELRAY BEACH, FLORIDA . :33444 · 305/278-::'615
For professional services rendered in connection with
Easements and Permits for Water & Sewer Services -
Windward S/D in accordance with Authorization dated
October 4, 1984.
Research ownership of various parcels on route for
selection of most likely. Site visits to view same.
Provide legal descriptions of properties involved.
~ecure Health Dept. approval and permits. Contact
Gas Company & P.B. Co. Engineers re. routes & R/W -
secure Permits. Conferences with LWDD re. permits.
Secretar ial/Cler ical work.
Labor Cost - July 27 - Aug. 30, 1985:
58.0 Manhours $1,009.30
Multiplier 2.50
. $2,523.25
Reproduction Expense $0.00
Postage & Express $11.75
Telephone $2.76
Mileage: 76 miles $0.205 /mile $15.58
.Note: 100% chargeable to funds o deposit with City.
OUNClL APP OV[D f