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Minutes 10-06-82
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, OCTOBER 6, 1982 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar.Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. He gave the invocation, followed by the Pledge of Allegiance to the Flag led by City Attorney James Vance. AGENDA APPROVAL Under "X. NEW BUSINESS", Mayor Trauger added "C. Boynton Beach Wom~n's Club." City Manager Cheney added a bid relative to utilities in the area of St. Andrews Club under "¥. BIDS" Under "XI. ADMINISTRATIVE", City Manager Cheney added a Cemetery Refund and Approval of Five Bills. Councilman deLong moved for the adoption of the Agenda with the additions. The motion was seconded by Councilmember Woolley. No discussion. Motion carried 5-0. ANNOUNCEMENT Proclamation - Shriners Hospital Days - October 18 through O'ct'o'ber '30, 19'82 Mayor Trauger read the Proclamation. Proclamation - United Nations D'ay- O~ctOber 24, 19'82 The Proclamation was read by Mayor Trauger. Leukemia Swim Cl~assic Mayor Trauger announced that Councilman Wright was a participant in the Leukemia Swim Classic on Saturday, October 2, 1982, and he had received a contribution of $100.00 from the City Council and staff to be a participant in this event. Plaque for Foy Ward Tonight Mayor Trauger said he had the great honor of bestowing a plaque to Mr. Foy Ward. On behalf of the City Council and the citizens of Boynton Beach, Mayor Trauger presented Mr. Ward with a plaque in honor of the great service he has given and the long years of faithful service to Boynton Beach. Mayor Trauger read the plaque to the audience, which extended the appreciation of MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 the City of Boynton Beach and its citizens to Foy Ward for his many years of dediCated and unselfish service to the City through service on its Citizens Advisory Boards. Mr. Ward received a standing ovation. MINUTES A. Public Hearing - 1982/1983 Budget - September 11, 1982 B. Final Budget Hearing - September 20, 1982 C. Regular City Council Meeting Minutes - September 21, 1982 D. Special CitY Council Mee~inq Mi'nut'es - Sep~embe~r~27~, 1~9~8'2 Unless there is an objection to any of the minutes, additiOns, or deletions, Mayor Trauger recommended that Council consider all of the minutes as one action. Hearing no objections to the Minutes as recorded, Councilman deLong moved that the Minutes of the the Council listed on the Agenda as items A, B, C and D.be approved as presented. The motion was seconded by Councilman Wright and carried 5-0. PUBLIC AUDIENCE Mayor Trauger announced that if anyone in the audience wished to speak on any item that is on the Agenda, to please come forward and give their names to Mrs. Tereesa Padgett, City Clerk, and they would be called upon when that item appears on the Agenda. If anyone in the audience wished to speak on any item not on the Agenda, MayorTrauger said they could come forward and speak to the,~Council at this time. Harold G. Werger, 719 N. W. 7th Court, Boynton Beach, is building two houses at 306 and 312 N. W. 7th Street in Laurel Hills for his nephew and himself because they both want to live side by side. In the process of building these houses, Mr. Werger said there is an ordinance in the City that requires property owners to put side- walks in. He said there are trees in the way of the sidewalks and the sewer lines and the water lines. Mr. Werger said these trees are in the right-of'way of the street. Mr. Werger talked to Gus Hart, because Gus Hart removed the trees that were in the way in Mr. Werger's present house. Mr~ Hart said he would be glad to take them out but now the Building Department has a rule that you have to get permission from them, Mr. Werger went to the Building Department, and the Building Department said it is the owner's responsibility to take the trees out in the street right-of~way. Mr. Werger wished to divert from that. He said the building per- mits for just one of these houses is $348 for the building permit, $495 for the sewer, $450 for the water, and $15 for the roof, making a total of $1,308 for the building permits. Mr. Werger checked with the County today and talked to the girl in the permit department. She ~t0~d Mr. Werger that a house comparable to his, - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 6, 1982 the building permit would run $260 to $300, and the water and sewer line would be connected for $5, making it approximately (~taking the high figure) $305. Mr. Wer.ger called attention to the fact that Boynton's permits are $1,000 more than the County which, in itself, is quite an item. Mr. Werger's builder says that the permits in Boynton are higher than any other city in the County that he has built in. In addition to the building permits, Mr. Werger said they have to take the trees out in the right-of-way that is the City's respons- ibility but that the Building Department says is the owner's responsibility. City government should be run of the people, by the people, and for the people, Mr. Werger told the Council, and government should have some compassion as far as the expenses involved in bringing people into the City. He noted that the Council showed a lot of compassion for Dee Zibelli on the north side when she had a drain- age problem. The Council also showed some compassion for the firemen according to their wages, Mr. Werger also noted. He hoped the Council would have some compassion with the lot owners and repeal this ruling which would require the lot owners to remove these trees at their expense in order to put the sidewalks in~ which are an ordinance. Also, the lot owners have been paying taxes in this town for about 30 years, and they-receive nothing, Mr. Werger told the Council. Now when the lot owner is going to build on this lot and he comes to the City for a little bit of use of his tax money to remove the trees in the right-of-way, he is turned down. The City says, "That is your expense." Mr. Werger thought that was "gouging" a little bit. It appeared to Councilman deLong that if it was in the City's right-of-way, the City would have to put sidewalks in. He asked what the policy has been, City Manager Cheney answered that the recent policy has been that the builder is responsible. When the builder comes in for a building permit, City Manager Cheney believed the City stamps on his plans that he is responsible for removing those trees. He said that has been the City's consistent policy for some time. In general, City Manager Cheney said it has been the policy of the City in connection with development. The developer carries any cost that goes with the building of that particular building, house, development, or what have you. Mr. Werger talked to City Manager Cheney this morning, and City Manager Cheney asked Bud Howell, Building Official, to look into this to see how many people the City has applied this to to be sure the City is being consistent. Mr. Howell had not finished the review yet but City Manager Cheney thought it was consistent. If the Council wants to change the ordinance, City Manager Cheney said they could, but he thought it had been the policy of the City that if you are going to build in the City, you have to absorb the costs in connection with that building and this is one of the costs - removing the trees. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 As City Manager Cheney said, the City has been consistent with that for well over a year and maybe more. Mayor Trauger asked, "What about the Tree Ordinance then if we remove the. trees?" City Manager Cheney answered that was where the Tree Ordinance had to come in conflict with the sidewalk, as the City ~does require sidewalks and it is important to have sidewalks in developments. If the City does not get sidewalks piece by piece, City Manager Cheney said they never will get them. He added that this is one of those areas where the tree removal has to give way to sidewalks. Councilman deLong said there was plenty of room for'trees in the cemetery, which is where they generally put them when they take them out. He referred to one that was taken out by the Police headquarters. Mr. Werger did not think the City wou'ld want those melaleucas over in the cemetery, as they are a dirty tree and are bad for people with asthm~a and respiratory troubles. Mayor Trauger asked what the City was going to do about the trees if that is the City's policy and considering how long the City has been supporting the policy. He wondered about the property owner taking out the trees. ~In view of the fact that it is in the City's right- of-way, it was Councilman deLong~s opinion that they were, by ordinance, compelled to put the sidewalks in. Councilman deLong thought the least the City could do was to give them the opportunity to have enough ~oom to put the sidewalk in and get the tree out of there. Coun~ilmember Woolley asked if he meant at the City's expense. Councilman deLong meant they are getting "sandbagged" from all sides. Every time the taxpayer turns around, there is so much for this and so much for that, so Councilman deLong did not think that was such a big job. City Manager Cheney admitted that it was not but he pointed out that it was just one more little thing that all of the taxpayers have to bear the burden of for a particular property. He a~ked, "Where do you draw the line~" Councilman deLong replied that was the makeup of the City. He said he does not use the recreational facilities but he still has to pay taxes for them. City Manager Cheney did not care what the Council did. He said if that was the policy they w.ant, the City will cut the tree down. Mayor Trauger asked, "Is the collection of this part a form of one of our current ordinances where that policy was established?" City Manager Cheney answered, "No." He said it was just a policy that was developed over time. Councilman Wright asked how frequent something like this would occur. In most cases, City Manager Cheney said it occurs only in the lots where %hey have an infield situation, where they have lots being built ~Jon-one or two, in th~s case two (sometimes a single lot, sometimes two or three lots - the infield situation around the City). In large developments, City Manager Cheney said they remove all the trees any way. That Would not be a problem. City Manager Cheney said it was mainly with the individual lots - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 that people are now coming in and building on. Mr. Werger stated that most of them are in Laurel Hills because Dr. Weems, years ago, put thousands of trees in Laurel Hills and he thought he was doing a good thing but the type of trees he put in and where he put them in is very bad, Mr. Werger thought that was only in that area. He called attention to the fact that most of the area is built up now. There are only a few lots left. Councilman deLong asked how mUch traffic the City had in these requests. City Manager Cheney did not have that information. He asked Bud Howell, Building Official, to get that information this afternoon. Councilmember Woolley wished to have the benefit of hearing his report before making any decision. If they are going to set a whole new precedent, Councilmember Woolley wished to hear from Mr. Howell. Councilman deLong moved to turn the matter over to City Manager Cheney so that he could come back with a report to the City Council. Councilmember Woolley seconded the motion. Mayor ~rauger noted that there was the allegation that Boynton Beach's entry charges for connections in this are higher than any other place in the County. He asked if they had in the Building Department or in the City Manager's office any studies that compare to things like they have made on budgets as against the charges. The last time they raised the rates, City Manager Cheney ~said they had a charge that they were not at that~time going to be the highest. He thought the-major difference that they were talking about here was in the utility connection fees. City Manager Cheney said if the County does not raise their connection fees soon (he did not know what they are but said they have more problems now and are going to have more problems than they can shake a stick out), they will be raising their fees. Cur Utility fees are probably very low for the general area, City Manager Cheney said, but he told the Council he would give them a report. City Attorney Vance, however, believed that the County connection charges are higher than the City's at the present time. He stated that Bud Howell, Building Official, may know off the top of his head. City Manager_ Cheney said the problem is tHat. you pay fees in the County in more than one location and, therefore, sometimes depending on who you call, the person you talk to may not have all the information. Mayor Trauger believed they were looking for a confirmation or reassurance to the citizens that the City's fees for building connections and all of this are not way out of line with the rest of the County. That was why City Manager Cheney said he would give that report. City Manager Cheney, on the other hand, felt it was fair to point out that the more the City collects in fees from developers, the less the City collects in property taxes from property owners, but the fees apply everywhere. Mr. Werger knew, as he is a tax payer. City Manager Cheney stated that the large3.~ amount of - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 developers we get in the City, the contributions that they make and they have to apply equally to everybody. He said it does have an effect on the tax roll. Mayor Trauger repeated Councilman deLong's motion to refer the action on the trees to the City Manager. Councilman Wright thought they should have something definite at their next meeting, so Mr. Werger would know how to proceed. Mayor Trauger asked if there was any further discussion on the motion. A vote was taken on the motion, and the motion carried 5-0. ~or Trauger asked if anyone else wished to speak in public audience on an item that was not on the Agenda. There was no response. CONSENT AGENDA: Matters in this Section of the Agenda are proposed by the City Manager for "Consent Agenda" Approval, with all of the accompanying material to become a part ~of the Public ReCo'rd A. Bids 1. New Tennis Court ROller- Recr'eation The Tabulation Committee recommended the acceptance of the bid from Froehlings, P. O.-Box 2010, Stuart, Florida 33495, in the amount of $1,500.00. Swale ConstrUction for Drainage Improvements and/or Swale Sodding for Group II Areas - Enqineerinq The Tabulation Committee recommended awarding the bid to Marcinkoski/ Gradall, 1065 Ridge Road South, Lantana, Florida 33462, in the amount of $33,888 for swale construction, and to The Garden Store, 414 East Ocean~Avenue, Boynton Beach, Florida 33435 in the sum of $16,062.96 for swale sodding. 3. Lift S't~ation No. 412 Repl'a~Cement - Utilities It was the recommendation of the Tabulation Committee that the bid from BBR General Contractors, 1100 Elizabeth Avenue, West Palm Beach, Florida 33401 in the amount of $25,865 be accepted. 4. ApproYal of Bills Councilman deLong moved to approve the Consent Agenda, as proposed by City Manager Cheney, which was Item "IV. CONSENT AGENDA" on the Agenda, ~%Item A. Bids," 1, 2, and 3, and "B. Approval of Bills." The motion was seconded by Councilmember Woolley. City Manager Cheney wished to make one report to the Council relative to. that project on drainage and swale construction, which is a total of $49,000 of additional drainage work. With that and with the projects now being constructed, City Manager Cheney said - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 that will leave $71,000 in the City,s 1982/83 appropriation for d~r-a~eH so the City still has money. With this project that the Council is going to award tonight, the largest number of the City's major swale projects will be inclUded. City Manager Cheney added that the biggest problems that the City has had will be included with all of these. He alSo said others will "pop up". Vice Mayor Warnke asked if these were the ones that were on his list originally. Except for West Ocean Avenue (which was one other one that was left and which~wilt.come~along next) and one or two like that, City Manager Cheney informed the Council that the ones they have heard the most about· and the ones that have had the greatest 'amount of water and probably the greatest amount of water and property damage, he thought they had now taken care of. City Manager Cheney said they still have to do West Ocean and some minor ones when they get to them but the City is coming along just fine. Councilman Wright asked if City Manager Cheney said he was deleting Arthur Court in this. City Manager Cheney answered, "Yes." He replied that the City is going to do that, as Tom Clark, City Engineer said, (~the-City and DOT). City Manager Cheney informed Councilman Wright that it is small enough. On the Agenda Memorandum from the Purchasing Agent, "4. Explanation of Recommendations, . Low Bidder", in order t° save a lot of searching in the memorandums the Council receives, Councilman deLong wanted to have them add in the future, "Low Bidder, in compliance with specifications." That way the Council would not have to go "digging through" this to see whether they met the specifications or not. Councilman Wright thought that would be helpful. A vote was taken on the motion to approve the Consent Agenda, and the motion carried 5-0. BIDS Bid re Utilities in area of St. Andrews Club - requested by City Manager Peter Cheney City Manager Cheney explained that Perry Cessna, Director of Utilities was not here tonight. He said this is a project to do some improvements in the area of St. Andrews Club. The City wants to get it done before the majority of the people move back into St. Andrews. City Manager Cheney said it is in order to make another piece of iand in that area developable that is in the City's service area. He stated that the dollars being spent here are dollars that have already been contributed by this other land owner, so there are no City funds involved in this. City Manager Cheney said the City has $15,000, and the low bid that they want to authorize was an informal bidding arrangement because they really have to get this done quickly before they upset people this winter. The amount of money is $14,700. City Manager Cheney - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 repeated that the City has $15,000 already in escrow from developers and the agreement is that if for some reason, because of extras, this goes over, those people pay the difference. City Manager Cheney reiterated that there is no cost to the City in this in any way. Mayor Trauger asked what the City is doing. City Manager Cheney wished Mr. Cessna was here but advised that the City is improving a utility line that needs to be r~placed to properly serve St. Andrews that is going to have to.be replaced some time. He said the City is doing it'in such away that it can provide utilities to another development just south of St. Andrews so it is improving service to St. Andrews that the City is going to have to do some time, and it is making another piece of development possible which is in the City's service center. City Manager Cheney advised that it is not in the City. St. Andrews, of course is in the City. Mayor Trauger noted that St. Andrews is on the border line. City Manager Cheney said this next piece is in the City's utility service area just outside of the border. As he said, City Manager Cheney repeated that it is a project they will have to do at some time because of the age of the line. Councilman deLong moved to accept the Tabulation Committee's recommendation and award the job to BBR General Contractors, Inc., 1100 Elizabeth Avenue, West Palm Beach 33401. Councilman deLong noted that it was an alternate bid in the amount of $14,700 for the replacement of approximatelY 300 feet of 8 inch VCP. The motion was seconded by Councilmember Woolley. No discussion. The motion carried 5-0. PUBLIC HEARING - 8:00 P. M. None. DEVELOPMENT PLANS Cherr~ Hills ImproVements submitted by Metric Engineerin~ City Manager Cheney requested Mr. Annunziato to help move a table out in front so the Council could see this. For some time, City Manager Cheney said the City has had Metric Engineering doing some design work for the Cherry Hills area west of Seacrest. This is a project that is paid for thrgughCommunitY Development funds. City Manager Cheney stated that it is a complicated area to plan work. He said it has to do with streets, sidewalks, and landscaping. City Manager Cheney informed the Council that they were addressing N. W. 13th, N. W. 12th, 3rd and 4th. He advised that they have several street alternatives as to how to design the streets, and said there is a lot to it. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 City Manager Cheney thought it may be, at some point, after the Council had the initial presentation of what they are talking about, that they will want a Special Workshop Meeting to look at this because of all its implications and ramnifications as to what happened in the neighborhood because it is an attempt to do some basic street improvements that, hopefully, will be consistent with the housing projects and rehabilitation projects that are going on over there and upgrade the area. Victor Benitez, Professional Engineer, President, Metric Engineer- ing, Inc., Suite 13, 1490 South Military Trail, West Palm Beach, Florida 33406, told the Council that under the Neighborhood Strategy Planned Report prepared by Wallace, Roberts and Todd, the Cherry Hills section was pointed out.~as an area where they need some improvements to City facilities. Due to several projects where publiC housing is involved, especially on No W. 13th and N. W. 12th Avenues, the City entered into an agreement with Metric Engineering to provide a study and final construction plan for the following streets: N. W. 10th, between Seacrest and N. W. 3rd Street; N. W. 3rd Street, between N. W. 10th Avenue and 13th Avenue; N. W. 13th Avenue, between the cul-de-sac'and N. W. 3rd Street; N. W. 12th Avenue, between 5th Street and 3rd Street. Mr. Benitez said they have made extensive studies about a possible cross section of the streets t~be improved. Almost all of the right-of-way is being owned by the City, so most of the streets have a 50 foot right-of-way. Mr. Benitez explained that their job was to come out with certain cross sections that would really satisfy both public housing and give the uplift to the neighbor- hood. In looking at all of the possible typical cross sections, Mr. Benitez said they enter costs,~of course, with in mind aesthetics, safety, and traffic operations. Mr. Benitez told the Council they were here now to make certain recommendations to the City Council and City Manager. He wanted to go one by one, since there are different cross sections of streets for different streets on a design. On N. W. 10th Avenue, between Seacrest and N. W. 3rd Street, M~'. Benitez said the city has some variable right-of-Way, which the City already owns. What they are proposing, Mr. Benitez advised, is a typical section (.#lA, which occupies on a 50 foot right-of'way and allows some green strips behind the sidewalk to enhance the streets. There are certain areas, of course, where Mr. Benitez said they are go- ing to have to need some room to provide a left turn at Seacrest, and they would have to obtain a certain amount of right-of-way in order to do that. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 As they progress to the west, Mr. Benitez called attention to the fact that they would be entering into the area with the park area and what they are proposing here is tO come out with a secti~nthatL~ill apply to N. W. tst Street with most of the sidewalk against one side of the existing right-of-way, and they are providing either a much wider (either grass or sidewalk) area on the east side of the street. The reason for this is to connect two parks, Mr. Benitez advised (the Wilson Park on N. W. 12th with Sara Sims Park on N. W. 10th Avenue), forming a much desirable linear ~park where people can actually bike from one park on the ~sidewalk or walk to the next park, where quite an activity might be going on. Vice Mayor Warnke asked if the main section through there was 10th Avenue. Mr. Benitez replied, "Yes." Councilman Wright questioned, "From where? Starting at what point?" Mr. Benitez indicated Seacrest on the east and N. W. 3~d Street on the west and said, "That's the extent of it. He showed the park property. What Mr. Benitez said they were trying to do was to achieve a wider side- walk. He said they have painted a meandering sidewalk to give the feeling of a linear park connecting two existing City.'parks (Wilson Park and Sara Sims Park). Although it is a little more costly than the usual treatment, Mr. Benitez thought it would be quite an improvement. He thought it well deserved the treatment to get these two parks together. Those are the two that Mr. Benitez said they are solidly recommending to the City. When they get to the area of N. W. 12th Avenue and N. W. 13th Avenue, Mr. Benitez advised that they are faced with a tremendous amount of public rehabilitation which, by the nature of the property as it existed, does not allow for a lot of room for aesthetic value. What he was pointing out is, from the face of the building which is solid parking and asPhalt area or concrete area to the face of the next building, Mr. Benitez said you are looking at about 120 feet of either asphalt or a mixture of concrete and asphalt. City Manager Cheney pointed out the areas in yellow .and said they basically show the asphalt. He.said if Council has been up there, they would see where the "rehab" projects are. Parking for the rehab projects have to be in front, and when you get that park- ing in front, and the street,and~the rehab :on the other'side, you have a vast area of asphalt, which is about as ugly as you-can do, City Manager Cheney commented. City Manager Cheney said Mr. Benitez has looked at it a variety of ways, including a median down the middle, which was an attempt to break up the asphalt on both sides but creates a traffic problem. He called attention to the fact that is the kind of problem they are faced with here. City Manager Cheney said if you figure this whole area, it is 120 feet of asphalt, so it is a difficult situation to make it look pretty. Mr. Benitez said they presented both alternatives to the Council. In the tone of getting some direction, Mr. Benitez stated that the street map showing N. W. 12th and 13th Avenues would involve - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 the same as typical section iA, which is what was used for N. W.. 10th Avenue. He said it will provide a certain number of tree areas but, of course, where they have these wide driveways serving the public housing, they have to phase 120 feet from one side to the other (like City Manager Cheney said). Mr. Benitez said the cross section would provide, as far as the least costly, traffic service. It does have possibly the same typical that they can apply all over. Looking a little closer, Mr. Benitez said they look at how to break that, and one of the Solutions that they could give is to create a six foot median Where they coutd~locate certain trees, where as the trees will grow, it will be able to break the asphalt area from one side of the public housing to the other. He said it does bring some problems. It is not as good as far as traffic circulation. What it does, in a way, creates~ a one way fare right within fifty foot of right-of-way. That means for individuals leaving here, wanting to travel west, would have to go around the block to do so because this median would not allow them, Mr. Benitez continued. He said they are looking into a~wider median but, in doing that, they will make the parking for those rehab housings impossible. Mr. Benitez said they were faced with two possible alternatives: either no median and provide as much landScaping as they can make, or a six foot median (~as Mr. Annunziato had there~ trying to break that asphalt from phase to phase of housing problems but creating some circulation problems. At this time, Mr. Benitez stated they felt like the aesthetics are important, so they are leaning toward a median. Their evaluations show that it is almost a 50/50 toss up of the advantages and disadvantages, so what Mr. Benitez was saying to the Council and to City Manager Cheney was that theY have analyzed it completely; they have taken it all into consideration; there are certain pluses and minuses. Mr. Benitez said they put a little more value in aesthetics because they are trying to fit in with Barry Seaman's property. Mr. Benitez advised the City has housing and they want to create that green flavor in that area but, in order to do that, the City will have to pay a little price of possible traffic circulation. Mr. Benitez did not know if that would be to the CoUncil or City Manager Cheney's considera- tion. It appeared to Councilman deLong, at the present time, that they should turn this over to' staff (the City Planner, City Engineer, etc.}, and Councilman deLong thought it would be advisable to try-and see if they could not get somebody in the line of being the Traffic Engineer if they are going to have a traffic situation there. Once they establish what the City intends to do, Council- man deLong pointed out that it is going to be there more or less permanently so he thought they had to give that as'much un- divided attention as they possibly could because it is going to be a terrific improvement in the City. For the Council to sit there and make judgments, Councilman deLong thought would be - 11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 doing the wrong thing. He believed it should be turned over to the people who have the expertise in this particular field for.input back to the Council. If it is necessary for the Council to meet with them or have a Workshop Meeting, Councilman deLong thought that would be an advisable thing to do. When the Council interviewed Mr~ Benitez initially, he said he was going to involve citizens in that were going to be made to pointed out. He asked Mr.. seen this. Mr. Benitez aHswered, - ~_ ,,fir rather give the Counci± n~ thought it looked fairly good, abrupt decision in terms of what lot of money has been spent, and take a close look at that and ge' · area concerning recommendations Council, Councilman Wright if any of the citizens have No." They figured they would shot." Councilman Wright he did not like to make an ~eds to be done. He said a thought the Council needed to some of the owners in that area to kind of say what they would lik~. Councilman Wright thought a Workshop Meeting would be more appropriate. Councilman deLong wished to put that recommendation in the form of a motion BefOre he did, Mayor Trauger asked if he wished to consider the Community Relations B~ard. Councilman deLong replied,,,"Everyb°dy. concerned..~ It goes~ thrOugh the regular channels. Councilman wright sugg.ested the Housing Authority also. Councilman deLong repeated, "Everybody concerned." Councilman Wright seconded the motion. Mayor Trauger repeated the motion ~hat the Metric Engineering, Inc. survey of this be referred to the City staff and the appropriate advisory boards of the City for their review and perhaps a Work- shop sessmon before it is delive~e~ to City council. Councilman deLong stated that the motion shoUld include a Traffic Engineer, if necessary. Mr. Benitez advised that they have made some traffic studies based on this typical section. He said the traffic in this area is slow. Even though ~here are some detrimental effects to traffic circulation, Mr. Benihe~ pointed out that it is not a major effect. .Councilman deLong t~ld'him to assume the responsi- bility of traffic. Mr. Benitez replied, "Yes. We will have to." After showing this to the Council, Mr. Benitez said they would like to meet with that committee a~d maybe get the Fire Department involved and see their views as far as serving this area. If it comes into being, Councilman deLong sazd they would have plenty of traffzc up there because mt was the mamn street up around that section. Mr. Benitez was talking about 13th. He said they were not proposing a median for N. W. 10th Avenue. M~. Benitez advised they were only proposing a median for one block of N. W. 12th and 13th where there is public housing on both sides ?f the street. He said it was the only area where they were p~opos~ng a median. ~ All of the others there would be no medman. Councilman deLong understood that but s~id they should take into consideration' what is also Projected in the immediate area. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 A vote was taken on the motion, and the motion carried 5-0. Consider approval of a six month extension of Site Plan Approval for The Cook Complex lo'cated' at the 1300 Block of SW '35 ~venue City Manager Cheney said therewas no reason to be opposed to this and recommended that the Council grant it. Mayor Trauger wanted to know how long it has been open. Carmen Annunziato, City Planner, thought the year would end in mid-October. He thought it was approximately a year that this project was approved by the Council. Mayor Trauger asked if there was a financial consider- ation. Mr. Annunziato replied that it was the same as they have had in all cases - a financial consideration. Councilman deLong moved that the extension be granted. In the future, he wished to have recommendations of staff. Council- member Woolley seconded the motion. City Manager Cheney explained that they did have staff recommenda- tions but they did not get into the Council's Agendas, He said it got out of the book, but they recommended it be approved. A vote was taken on the motion, and the motion carried 5-0. Consider Kpproval' Of Proposed NeW postal Facility' City Manager Cheney said he asked Carmen Annunziato~ City Planner, to review his report briefly, s6c. tha~everyb6dy-there knows what it says. He said the post office representatives were there~to speak. Mr. Annunziato had told City Manager Cheney there may be one or two changes since his report, He said to let Mr. Annunziato summarize it for the aUdience, and then they could go As City Manager Cheney noted, Mr. Annunziato said there were several changes in the base data upon which his report was pre- pared. He said the representative of the postal service would provide everybody with that information. Basically what the postal service is requesting is comment from the City Council concerning their desire to lease a 4600 square foot building lo- cated on S. E. 2nd Street just north of S. E. 23rd Avenue. The use to which this space would be put would be a temporary carrier facility to house a certain number of postal carriers in the interim period in which a new post office would be planned and constructed, Mr. ~Annunziato informed ever~'one.. He added that there was no proposal [here to use this facility for any of the retail kinds of postal services~ such as the selling of stamps or accepitance of packages for serv±ce. Thfs would be allocated for carrier service only. Mr. Annunziato prepared a memo which attempts to analyze the site and latest conditions. Mr. Annunziato wished to briefly go over what appeared to be a potential for some problem given - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 this site. He said some who have visited the site will.know this is a partially completed building, which is adjacent to an existing building. The concept is to uss the partially completed building, finish that up, and use two of the bays in the existing building to create the 4600 square feet. ~s base line information, which is what Mr. Annunziato reacted to, he was told the facility would be open from 5:30 in the morning roughly until 5:30 in the evening, It would serve 15 carriers, two supervisors, three rural route carriers, and additionally, 15 of these quarter ton'jeeps that we see would be stored overnight on site. When you take this base line data and compare it to the site, Mr. Annunziato said you see a potential for certain Problems, Based on parking allocations, only 18 parking stalls could.be allocated to the postal service. This would leave approximately six parking spaces for the two remaining offices, The worst problem for the parking-would occur when all of the postal service employees would be on site at the same time that their jeeps would be there, so when they are all there, reporting to work, and loading up their jeeps, Mro Annunziato said you have the combination of their jeeps and the parking on site. He told the Council the City can expect to have parking spills onto the street into adjoining property just because of the sheer lack of space. Site Degradation - As a result of the parking problem, Mr, Annunziato pointed out that any time you have a situation like this you can expect that if there is landscaping, it is going to. be damaged. Swales will be parked on, causing additional site degradation, drainage and soforth. Noise - What concerned Mr. Annunziato here with noise really related to the early morning hours where you would have these 16 or 1.8 people reporting to work between 5:30 and 6:00 o'clock. It is normal back- ground noise of car doors opening and closing, people talking, load- and unloading of jeeps, Mr. Annunziato informed the Council. To the west of this site, there are homes; and across.the railroad track on the east, there is an apartment house. Concerning safety, the onl-y access to the rear of this building is a proposed 10 foot paved driveway and, of course, being ten feet, it only serves for one way traffic, Mr. ~nnunziato told the Council. LOading - If the jeeps are to be loaded in the rear of the building, there is a potential for a negative interface with the unloading of the truck which will carry the mail from this post office to the carrier annex. As noted in his memo, Mr. Annunziato said that service will be performed by a one ton truck. He said they were not talking about a tractor trailer. Of course, in any situation like this, Mr. Annunziato pointed out there is probably a potential for complaints, noise, spilled over parking, hours of operation, complaints from the the remainder of the tenants, and those types of problems. At this point, Mr. Annunziato thought the discussion should be turned over to the Postal Service representatives. - 14 - MINUTES - REGULAR CITY COUNCILI MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Mr. Annunziato thought the Postal Service representatives could address most of these issues and explain where some of the base line information that he used may have been over emphasized. He had discussions with these people this afternoon and it appeared that they had come up with a program that could pretty much mitigate the negative aspects of this proposal. Vice Mayor Warnke asked if this constitutional supremacy clause comes into effect on this property in the Council's decisions. City Attorney Vance believed that Mr. Annunziato is indicating that a practical solution may have been achieved, which would avoid their getting into that problem. He thought perhaps they should listen to that practical approach and see if that solves it. councilman deLong wanted input from the City Attorney, as it was stated there that regardless of what move the Council took, they would be outflanked anyhow. If this could be negotiated, Council- man deLong said he would move .at this time to continue and complete the negotiations that they have in mind. He asked City Attorney Vance if he would agree to that. City Attorney Vance thought they actually had to. City Manager Cheney could not accept that. He stated that the City Attorney may, but he could not accept the.idea that in a leased building, the City was going to be outflanked. City Manager Cheney thought we often get feared~by the postal service, but he did not think they need to be. City Attorney Vance advised that he was not conceding that at this point but it does appear that they may have a practical approach. Walt Smith, Director of Customer Services, United States PostalServices, West Palm Beach, came before the Council and introduced Philip Ferrari, District Representative and Architectural Engineer, United States Postal Service District Office, Tampa', Florida; Bernard Dicks, Sr., Postal Operations Specialist, United~States Postal Service, West Palm Beach, Florida; and Richard Monahan, Postmaster, Boynton Beach, Florida. Mr. Smith said they would like to give the Council the input and were in the position to answer the questions that were raised earlier about going into this facility. He told the Council to-just go ahead and "fire" the questions. Mayor Trauger under.stood from the noise and various objections that were raised by Mr. Annunziato, they had a counter proposal to correct those. Mayor Trauger wished Mr.. Smith to address those points. Mr. Smith informed the Council that they met with Mr. Annunziato today, went over the ordinances, and were prepared to stay within the framework of those ordinances. He said they would not be open as early as originally stated and will not be open as late as originally stated, as far as their hours of operation in this leased facility. Mr. Smith said it will be like an interim type of - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 facility until they can get into a permanent place later on. City Manager Cheney asked what hours they would be open. Mr. Smith answered that they were looking at hours of approximately around 7:00 A. M. until around 4:30. He said their mail does not come into the Boynton Beach area much sooner than that. It will come through the main facility (which is the one across the street) and then they will have to truck it down on a one ton vehicle, which is a fairly small vehicle, and take it over for the carriers that will be there. City Manager Cheney asked if the number of employees is the same as they had understood. Mr. Smith answered, "No. We do not have that many people." He called Philip Ferrari, Architectural. Engineer, forward and said they did a layout today of wha~ they were actually putting in the building. Unfortunately, the numbers that were given to Carmen Annunziato, City Planner, were figured on a five year basis, Mr. Ferrari informed the Council, and they do not plan on being there five years because of~the new facility. Therefore, those numbers have been reduced somewhat. City Manager Cheney asked, "What are those numbers?" Mr. Ferrari answered that the total number of employees that will be in there at any one time will be 16. City Manager Cheney asked if they will have two supervisors. Mr. Ferrari answered that they will have two supervisors and fourteen carriers. Three of those 14 carriers will be rural routes, which means~ithat they deliver mail in the same vehicle that they drive to th~ost office. City Manager Cheney deduced that they.~would hav~ eleven carriers. Mr. Ferrari affirmed that was correct and said, "Eleven of the jeeps that you see." City Manager Cheney asked Mr. Annunziato if the eleven jeeps fit in with the~City's parking standards. He said that is eleven jeeps, and each of them hav~ their own cars, so it would be 22 vehicles plus the two supervisorS. As discussed this afternoon, Mr. Annunziato believed it would be one supervisor, one clerical worker, three rural route carriers~ and eleven of the regular carriers. This would require parking on site of eleven of the 1/4 ton jeeps or whatever you ~an% to call them. The applicant in this instance would have to provide additional pavement to the rear of the building and perhaps some screening between them and the railroad track to buffer the impact to the east in order to accommodate the eleven jeeps. City Manager Cheney asked if they could adjust the size of the park- ing spaces for those eleven jeeps, if they are not going to be public parking spaces, City Manager Cheney believed they could be in smaller areas. Mr. Annunziato thought so, and stated it could be a vehicle storage area. Councilman Wright asked how long they planned to be there. With their time limit right now, Mr~ Smith answered that they were look- ing for three years. It may be somewhat shorter because they are involved now in a larger facility which would take these carriers out of there, but Mr. Smith was looking for a maximum of three years. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 City Manager Cheney commented~that their 7:00 o'clock opening hour solves the noise problem. Mr. Annunziato, City Planner, answered, "That is correct. Obviously, it's a lot different than 5:30 because at 7:00 o'clock, a great number of people are up and active. Councilman Wright asked how they changed their scheduling just like that. Basically, Mr. Smith explained, the mail does not come from West Palm Beach that early. It has to come to Boynton Beach proper (the~main office), and they do not get it over there until 5:30 or 6:00 o'clock, .so there is no way in the world it can be at this temporary facility this early because they do not get it here that early. There will have to be a turnaround and a reloading process to get it there, and Mr. Smith said they will probably schedule the carriers in maybe staggered because all of the routes will not start at the same time or end at the same time. He said there was a possibility that the employees will be coming in .say, on five or fifteen minute intervals, so 7:00 o'clock may be the earliest and 7:30 may be the latest within that time frame. City Manager Cheney asked if the safety situation was relieved by this. Mrl Annunziato thought that was an interesting thing. If you keep in mind that these jeeps will only be utilized in connection with the people who have already parked their cars. ~Presumably, they will only be going in one direction in the morning and then in the opposite direction in the afternoon. Mr. Annunziato pointed out that it was not similar to a two way street where you have traffic going going two ways at any particular time. Here, you have traffic going one way out and one way in in the afternoon. Mr. Annunziato called attention to the fact that it will require some thought on the part of the drivers to keep in mind that they are in a 10 foot driveway, but it will be safe if there is proper regulation by the Postmaster. City Manager Cheney asked about other requirements that the City normally has such as landscaping and all of those things. He questioned whether all of ~those had been discussed and if they were applicable here. Mr. Annunziato advised that the plan has already been approved and permitted. This is a semi-constructed building, Mr. Annunziato believed, on an active permit. It just has never been totally completed. Another thing that came to light today, Mr. Annunziato continued, was the owner of the building, Mr. Finnegan (Mr. Annunziato believed that was his namel has had some discussions with the owner of the Celebration Restaurant, who happens to have a lot of available parking at that particular time of the day. If there is some spill over parking, the applicants indicated today that they maybe in the position of trying to negotiate or maybe Mr. Finnegan may be in the position of being willing to negotiate for leasing or utilizing some of the CelebratiOn Restaurant's p~ing lot f~ spill over parking on a first come, first served basis on site. If there is a problem, it appears there is a potential to solve that problem, Mr. Annunziato noted. However, from the City's point of view, Mr. Annunziato thought the City would want to see that formalized. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Vice Mayor Warnke asked if it was the intention to park the jeeps in the rear on that 10 foot. Mr. Smith answered that there was room in the back for eight jeeps. He said they intend to put eight jeeps back there and probably an additional three vehicles, which may be jeeps and may~be sedans, depending on the type of route they service in the front part. Mr. Smith affirmed that the jeeps will be in the back side - as many as they can get back there. That was what Vice Mayor Warnke's thought were. As indicated in the memo, every- body comes in, the jeeps are there; they have to move the jeeps out and move their private vehicles in, Vice Mayor Warnke commented. Mr. Smith advised that they had sort of worked that out to where the jeeps will stay in place until they are ready to go out on the street. Available parking for the employees will be where they will get to a first come, first served. As Mr. Annunziato said, Mr. Smith reiterated that there is an extremely large parking lot or lots there at that restaurant, within a block, and they can work out any kind of spill over problems there. Vice Mayor Warnke commented that the restaurant had changed names ~bout six times in the last couple of years. He said he would not count on any permanent lease there. Mr. Smith advised that was a contingency just in case. He thought they had adequate parking as is because their numbers of people are less than originally speculated. He said that would only be more or less a 'contingency on their part so they would not congest the area. Of the 16 employees assigned to work out of that temporary facility, Councilman Wright asked how many of them will be new employees. Mr. Smith replied, "Probably none of them." He said it depends, because ~hese are established routes in the area. They are all bid routes, which means they all have experienced carriers on them. The only time a new carrier would be there would be in the event there-was a vacancy .or a bid procedure in process where somebody was coming in and somebody had left. Conceivably, Mr. Smith said, they will be all veteran employees or at least people who have had the route or experience which leads back to the present question of safety. Mr. Smith informed the Council that they do go into quite an extensive training program with driving and safety. Although that is going to be a fairly small area for maneuvering, Mr. Smith stated that they feel, as professional drivers, these gentlemen should have no problems in that area as far as parking and maneuvering the vehicles. Councilman deLong moved to send it back to the City' Planner .and staff for consideration and reconciliation ~f_these differenceS, seconded by Vice Mayor Warnke. Motion carried 5-0. Mayor Trauger advised City Manager Cheney that if they can work out these things, then they can bring it'back for approval, and that was all they would need. City Manager Cheney told the Postal Service representatives that Mr. Annunziato would meet with them again to work out the details so they could get another report. City Manager Cheney said hopefully, they could get all %h~ reports, back to Council in two weeks. - 18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 While he had all the representatives of the Postal Service here, Mayor Trauger told them there were two pressing problems facing many of the people of Boynton Beach concerning the post office. He noted they can find a place to park the vehicles of the employees. While they are doing this, Mayor Trauger asked that they find a place where the people using the facility can park somewhere near the facility. Mr. Smith explained that this will be an annex - a carrier annex. There will be no customers involved at this particular point, but it will relieve the congestion across the street because they will .remove those numbers of vehicles and those numbers of employees' vehicles so that theY will probably open up some more customer parking over there. Mr. Smith commented that this will be a two- fold thing. It will help the Postal Service get mail delivered in that area a little better and will also free up that many more spaces for customers across the street. That they "free up" some spaces for customers across the street was one of their concerns, Mayor Trauger advised. The othe~ concern was that in the late afternoon of business mail, around 4:30 to 5:00 o'clock, Mayor Trauger asked if they could follow the plan of West Palm Beach or some of these other cities (outlying on Seacrest and 2nd Street) by putting boxes on alternate sides. Say the post office picks up at 5:30, Mayor Trauger said they are marked as such for business. That keeps everybody from driving into the post office from 4:00 o'clock on to get their mail deposited at the end of a business day. Mr. Smith thought Mayor Trauger's point was well taken and said the Postmaster was hearing him right now. He added that if they can do what ~they would like to do as far as getting these people disbursed from the congested area here, he believed they could pursue those other matters in the City's behalf. Councilman deLong had not seen the City where they intended to build a post office where they did not get input from the City officials insofar as what they were talking about (adequate parking and all), but the post office department comes along, and they build it just the way they want it. Councilman Wright had a concern about stamps and postgge. He said they need a new machine over there so that when the citizens come in after 5:00 (because many people work during the day), they cannot find stamps. Councilman Wright said he can always get stamps in West Palm Beach but this machine here is always out of order. He urged them to do something. Vice Mayor Warnke said it has been going on for ten years. You get in there, and there are ten people in line at three windows, and there are two more windows closed. He said it was usually~on the busy days (Mondays and Tuesdays). Mr. Smith is responsible for 60 or 70 facilities and said there are certain periods of the day, but he guessed down here the end of the day is the busiest time. He said Postmaster Monahan may have to take a look at this as far as - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 how he can do some scheduling to at least keep three windows going. If they got a fourth, maybe four, Mr. Smith added, but said that is something that takes an internal review. He said they do a thing called Retail AnalysisProgram, which tells them when their customers are there, what times of the day, what products they buy, and how much of a waiting time builds up. Mr~ Smith said they did one on Boynton Beach about 18 months ago, which is still fairly valid. Nothing much has changed, but he said he would be glad to go back and take a look at it. Maybe our post office is not big enough yet, but Vice Mayor Warnke observed that the larger post offices have one window for stamps only, and you would not have to wait behind all those packages to buy a~:rolLof~ stamps. Mr. Smith agreed that was a~valid point and said they looked into that too. He said maybe When they get this other place, they can expand the retail capabilities. Not only would they have a "Stamps Only" window here but on the new facility as well. Consider Master Plan Modification - Boynton Central Park PID submitted by Wendell Orr, located south of Woolbright Road and west of Seaboard ~irline RaiIroad ' · Carmen Annunziato, City Planner, told the Council that the request before them was for the Council to make a determination of no substantial change concerning the master plan for the Planned Industrial Development of the Boynton Central Park. He said some of the Council Members may recall this is-a P.lanned Industrial Development that was approved in the late 70's, changed hands now twice, and apparently the current owners are very much willing to commence development. Mayor Trauger asked if this was the same as they used to know as the Jarvis property° Mr. Annunziato replied that it was one and the same. Mr. Annunziato said the proposals are not dissimilar and really involve modifications to what happens on the site as opposed to what would happen with respect to the infrastructure delivery systems. In the initial proposal, it was proposed that the road would be constructed with two 90° turns and then form this way. Now the applicant is requesting to put an~"s" curve in there. This necessitates the reconfiguration of an existing 16 inch water main a~ the applicant's expense. What Mr. Annunziato attempted to do on page 2 of his memo was to list, in a "Table of Changes", how the proposals differ. He said if Council desired, he could go through all of them or answer any questions they might have about any one of them. Basically, Mr. Annunziato said the staff reviewed thiS proposal with respect to the approved plan and recommended that Council make a finding of no substantial change. This would then clear the way for the Planning and Zoning Board to act on the merits of the application. Councilman deLong asked if this plan goes before the Planning and Zoning Board next Tuesday (October 12, 1982). Mr. ~nunziato - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 answered, "Yes sir." Councilman deLong questioned whether these things were included in the presentation Mr. Annunziato was making tonight. He asked, "Are these two tied together?" Mr. Annunziato replied, "Yes sir. Thsy are one and the same." Councilman deLong asked, "They come here first, and~then they go to the Planning and Zoning Board?" In issues such as these, Mr. Annunziato explained, the Council has to make a determination as to whether or not the changes are substantial enough to require a change in zoning. Councilman deLong asked if ~r. Annunziato already has them on the Agenda for next week. Mr. Annunziato answered, "Yes. If the Council determines that this was a substantial change, it would be scratched from next Tuesday's Agenda (Planning and Zoning Board~." Mayor Trauger asked if all draining was still contained on site on this yet. Mr. Annunziato replied, "Yes sir." Councilman deLong moved to approve the recommendation of the Technical Review Board that the~proPQsed modification of the ~Boynton Central Park Planned Industrial Development submitted by Wendell Orr reflects no substantial change and that it be forwarded to the Planning and Zoning Board. The motion was seconded by Vice Mayor Warnke. Councilman deLong noticed they changed their name to Palm Beach. Mr. Annunziato answered, "Palm Beach Commerce Center." Councilman deLong asked why they did not make it Boynton Beach. City Manager Cheney thought it should be a condition. He thought the reason they changed the name was that they think there is a certain amount of prestige if you can name it "Palm Beach." If they come here to Boynton Beach, City Manager Cheney thought it was about time they should start naming their plans Boynton Beach. Councilman deLong noticed on the last page (page 2) of the data Mr. Annunziato had, "All landscaping buffers at the perimeter of this property shall be provided and maintained in strict accordance with all Boynton Beach zoning requirements." Councilman deLong thought there should be inserted before "zoning requirements" "and Community Appearance Board requirements." Councilman deLong thought a little more attention should be given to the Community Appearance Board, as they do a terrific job. Councilman deLong believed if he was going to refer to the zoning requirements, it should also include, as long as it mentions landscape, the Community Appearance Board. Councilman Wright asked what action they should take on the staff recommendations. City Manager Cheney advised that the Council was making a finding of no substantial change. Councilmember Woolley wished to amend the motion to include Boynton Beach Commerce Center versus Palm Beach Commerce Center for their consideration. Councilman deLong said they would make the recommendation for Boynton Beach but they could still do what they want. City Manager Cheney felt it was time people start to - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 recognize that this is Boynton Beach, and this is what they start naminq things. City Manager Cheney said this was part of the image ~roblem the City has had. Councilman deLong remarked that we are never going to get the proper image ~f they ar~ going ~to use other names for the developments within our City. If they don't like Boynton Beach, City Manager Cheney commented, "Let them go somewhere else." Vice Mayor Warnke said it was almost as ridiculous, as making that park and calling it Boca Raton Park or Calling it Fort Lauderdale Park. He did not think anything should have the name of Palm Beach within our City limits. Mayor Trauger noted that Council- member Woolley had made the proposal attached thereto to the recommendation that it be called Boynton Beach Commerce Center. He asked if Councilman deLong wanted to include that in his motion too. It was agreeable to Councilman deLong and Vice Mayor Warnke. City Manager Cheney wanted to poin~t out that this is the piece of land where the City proposes to construct six additional wells. He wanted to point out that these developers are not the people who are causing the City to go into eminent domain. The previous owner, who still owns the mortgage on the property, is causing the City to go eminent domain. City Manager Cheney informed the Council that these developers have been very cooperative and would be willing to give the City easements yesterday if they could. Councilman deLong wondered why the City did not use their power of condemnation. City Manager Cheney replied that they have, but he wanted the record to show that it is not these developers, it is the others. A vote was taken on the motion to approve the request of BoyntonBeach Central Park PID submitted by Wendell Orr, that it reflects no substantial change, with the City Planner's memorandum attached thereto, and with a recommendation that the name be changed to Boynton Beach Commerce C~er.~The motion carried 5-0. LEGAL Ordinances -'2nd Readingl ~-PUBLIC HEARING City Manager Cheney asked if they could consolidate the public hearings all at once. City Attorney Vance replied~ "Yes sir, on the various packages." Mayor Trauger said to see what they could group together. City Manager Cheney advised they could group Point Manalapan and Riteco. As you go through the first six, City Manager Cheney noted there were three Ordinances for Point Manalapan and three for Riteco. He thought they could have a hearing on Point Manalapan and then a hearing on Riteco and then go back and adopt each Ordinance individually. City Attorney Vance agreed. City Attorney Vance announced that the first public hearing would be relating to items 1, 3 and 5 on the Agenda, which were proposed - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Ordinances 82-26, 82-32, and 82-34 on second and final reading. At this point, City Attorney Vance thought he could read all three titles of those three Ordinances and then conduct the public hearing and then adopt each Ordinance individuallyif the Council so desires. Proposed Ordinance No. 82-26 Re: Annexation - Point Manalapan Development Corpor'ation City Attorney Vance read proposed Ordinance No. 82~26 on second and final reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PAlM 'BEACH COUNTY 'AND THAT WILL UPON .ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY PURS~ TO A PETITION OF THE OWNER OF SAID TRAC~ OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION 7 (.32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PRDPER ZONING OF THE PRDPERR~I SHAII; BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING AI.L ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." City Attorney Vance advised that there was one scrivener's error to be corrected in proposed Ordinance No. 82-26. The Owner should be William E. Benjamin, II and Point Manalapan Development Corporation. City Attorney Vance advised that was the correction, and it is simply a scrlvener's error. Proposed Ordinance No. 82-32 Re: Man'a'l'aPan DeVelopment'.Corporation Land Use Amendment - Point City Attorney Vance read proposed Ordinance No. 82-32 on second and final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORD/AI%NCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE F.r.~NT OF THE CC~P~S~ PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERn_ A_IN PROPERTY WHICH IS BEING ANNEXED ~ THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH WHICH IS MORE PAR~ICU- IARLY DESCRIBED HERE~; A PO~FICN OF SAID LAND USE DESIGNA- TION IS BEING CHANGED FROM PALM-BEACH ~ LOW-MEDIUM DENSITY RESIDenTIAL TO LOW-DENSITY RESIDENTIAL; AN~ POTION OF SAID LAND USE DESI~qATION IS BEING CHANGED FROM PAlM BEACH COUNTY LAND USE DESIGNATION OF LOW-MEDIUM RESIDENTIAL TO BOYNTON BEACH ~NDUSTRIAL DESIGNATION; PROVIDING FOR A SAVINGS CLAUSE; REPEAL- ING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Ordinance No. 82-34 Development Corporation Re: Rezone - Point Manalapan City Attorney Vance read proposed Ordinance No. 82-34 on second and final reading by title only: - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 "AN ORDINANCE OF THE CITY CF BOYhYrON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A POTION OF A CERTAIN PARCEL OF LAND MORE PARrI~Y DESCRIBED HEREIN WHICH IS BEING SIMULTkNSDUSLY HEREWITH ~ INTO THE CITY CF BOYNTON BEACH BY ORDINANCE AS P.U.D. (pLANhIED UNIT DEVELOPME5~) WITH LAND USE INTENSITY 5 (L.U.I.); ~D ANOTHER PORPION OF THAT LAND MORE PARrICIK_ARLY DESC~!BRD HEREIN AS P.I.D. (P~ INDUSTR/JIL DEVELOPMEh~); PROVIDING FOR A SAVINGS 'CLAUSE; REPEAL~ ING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." For the record, City Attorney Vance believed that the County Commission had already granted approval, based upon the City's Consent Resolution request. Mayor Trauger asked if there was anyone in the audience who wished to speak in favor of proposed Ordinance No. 82-26, 82-32, 82-34. There was no response. He asked if anyone wished to speak in opposition to the proposed Ordinances. Melba Bruce, 1820 'Tom-A-Toe Road, Lantana, Florida informed the Council she is fairly adjacent to the property but not within the 400 feet. Mrs. Bruce was away all summer and just came home about two weeks ago. She was faced, constantly with people saying ~o her, "We haven't been notified." Mrs. Bruce called the City Clerk's office and the Planning and Zoning office. Near where Mrs. Bruce lives, there have been a Samuel and Carman Mercado owning five acres where this land abuts [the long narrow stretch that proceeds north). There is William Kearns and Neil Valentine, who own two acres that abut on the land, and there is George and Barbara Serianni, who own an acre and a quarter, Mrs. Bruce informed the Council. She pointed out that this is just in her immediate neighborhood, and when Mrs. Bruce found' that, she began to wonder what was going on when they had not been notified. Mayor Trauger asked if they were notified. Mrs'. Bruce emphatically said that~they had not been notified. She stated these people were within the 400' Mrs. Bruce further informed the Council that there is also an Ina Hecht who does not live in the area. She has one acre abutting and she lives in Forrest Hills, New Jersey. Mrs. Bruce said Ina Hecht has been notified but she (.Mrs. Bruce) has not contacted her. Mrs. Mercado came here tonight, and Mrs. Serianni is attending a course at Florida Atlantic University and could not come but she sent a letter signed by her and her husband that Mrs. Bruce had there. Mr. Valentine has come, appearing for both he and Mr. Kearns. Mayor Trauger asked Mrs. Bruce if they are in the County. Mrs. Bruce answered, ,'Yes. We are in the County[ It's abutting! I said it was abUt'ting, all but the Serianni's place[" Mayor Trauger advised, "But this is a City Ordinance, and that's in the County." He asked City Attorney Vance if he could give the rule. City Attorney Vance believed the City had complied with all of the applicable statutes. Mrs. Bruce reiterated that these - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 people have not been notified. She stated that they are abutting the land being annexed. Councilman deLong asked why they were not at the meeting and where they were. Mayor Trauger said that was what Mrs. Bruce explained. Mrs. Bruce said two of them were with her. City Attorney Vance thought perhaps Mrs. Bruce was relating to the County Zoning Code rather than the situation they had here, which is an annexation. Mrs. Bruce repeated that they have not been notified of the annexation. She said they abut the land, except for Gary and Barbara Serianni. City Attorney Vance knew of no statute that requires that they notify people within 400 feet of an annexation. Mrs. Bruce expressed surprise when she asked, "They don't have to be notified?" City Attorney Vance replied, "Of an annexation, Mamn. We're annexing the land into the City of Boynton Beach." Mrs. Bruce again said it abuts their land. Mayor Trauger asked if she was speaking of a zoning change and asked what was the difference. City Attorney Vance advised he would merely repeat that he believed the City complied with all statutory requirements. want?" Mrs. BruCe dential to Planned their neighborhood~ Mrs. Bruce replied, different propositi~ is zoned. Mayor Tr. the property within what the Council wa "And then we get no tell me?, Mrs. Bruc~ Mrs. Bruce said, "Thank you", and began 'to' leave. Mayor Trauger called to her and asked, "Before you leave, are you objecting to the annexation of this property into the City of Boynton Beach?" Although Mrs. BrUce did not live within the 400 feet, she replied, "I don't live within the 400 feet but I don't want it! I can tell you that." Mayor Trauger questioned, "You don't want the property to become Boynton Beach." Mayor Trauger requested her to come back and said, "All we are asking is, what do you ~xplained that the City going from resi~ Industrial Development alters the character of Mayor Trauger advised that was the zoning. "Yes." Mayor Trauger said there were two )ns. He said that would he how the property ~uger explained that this action is bringing the city limits of Boynton Beach. That was ~ doing, making it a part of Boynton Beach. saY in it. Is that what you are trying to argued. City Manager Cheney rezoning. He said Comprehensive Plan. rezone consistent w informed Mrs. Bruce that the City was also 5he City is zoning consistent with the County's City Manager Cheney said the City has to Lth the County's Comprehensive Plan. There- fore, the zoning that is being applied to this piece of land is consistent with what zoning would be applied if they were staying in the County. There is no difference, so their industrial development would still be an industrial development. Mrs. Bruce disagreed, saying it is R1A in the County, and it is going from residential to industrial when it comes into the City's area. When it is developed in the County, City Manager Cheney advised it is also to go to industrial , and it would be developed industrial in the County. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Mrs. Bruce again said they have never been notified to that effect. City Manager Cheney informed her that the annexation laws do not require notification, As the City Attorney has said, City Manager Cheney informed her that the laws have been complied with. What the Mayor was asking Mrs. Bruce was even though she was notified, what did she want. City Manager Cheney said that Mrs. Bruce said she was upset about the industrial zoning, and he simply commented that it would probably be industrial zoning if they stay with the County. Mrs. Bruce retorted that it has not been industrial zoning, and they must have somebody to talk to. She said they would have the County Commission to talk to. Mayor Trauger told her High Ridge Road was in here en masse not so long ago pro and con on it. Councilman deLong advised, "On first reading and before the Planning and Zoning Board." Mrs. Bruce was not here at that time. City Manager Cheney informed Mrs. Bruce that the City had public hearings and she was represented in April. City Manager Cheney informed Mrs. Bruce she was represented in full. She again said that the people she called to the Council's attention tonight were not notified. Mayor. Trauger'reit~rated that they did not have to be notified. Mrs. Bruce really did not under- stand that. Vice MaYor Warnke advised, "NOt by law." Mayor Trauger said it was not by law to make them a part of our City. On zoning changes, if she lives within the park, Mayor Trauger said she is notified, but there is nothingthat ~equiresMrs.Bruce to be notified to annex to the City. Mrs. Bruce retorted that she would do her best to get it changed somehow. It will be too late for this one but she said she would do her best to get it changed. Councilman Wright moved, seconded by C~t%ncilman de Long, to approve proposed Ordinance No. 82-26 re Annexation of Point Manalapan Development Corporation on second and final reading. At the request of Mayor Trauger, M~s~P~dg~tt~-~tOok ~a~r~l call vote~on~ the motion as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Vice Mayor Warnke moved, seconded by Councilmember Woolley, that proposed Ordinance No. 82-32 re Land Use Amendment - Point Manala- pan Development Corporation be approved on second and final read- ing. Mrs. Padgett, City Clerk, took a roll call vote on the motion, at the request of Mayor Trauger: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Motion carried 5-0. Councilman deLong moved to approve proposed Ordinance No. 82-34 re rezoning -~Point Manalapan Development Corporation on second and final reading. The.motion was seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, a roll call vote on the motion was taken by Tereesa Padgett, City Clerk: Councilman deLon~ Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion~carried 5-0. City Attorney Vance announced that the next ~group would be proposed Ordinances 82-27, 82-33 and 82-35, all relating to the annexation of property owned by Riteco Corp. He said he would read all of the Ordinances by title only on second and final read- ing. Proposed ©rdinance NO. 82~27 Re: ~nnexation - Riteco Corp. City Attorney Vance read proposed Ordinance No. 82-27 by title only, on second and final reading: "AN ORDINANCE OF THE CITY COUNCIL ~F THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS KrfTHIN PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITO~f PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION 7 (32) OF THE CHARTER OF THE CITY OF BO~NTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PBOPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERR~ SHATI. BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SI~OLTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORD/AUkNCES IN CONFLICT HEREWITH; PNDVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Ordinance No. 82-33 Re: Land Use Amendment - Riteco CorporatiOn ........ City Attorney Vance read proposed Ordinance No. 82-33 by title only, on second and final reading: "AN ORDINANCE OF THE CITY OF BOYhYION ~F2tCH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING lAND USE RI.~ OF THE (/~4PRE- HENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER IAND USE OF CERTAIN PROPERR~f WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE S/~JLTANEOUSLY HEREWITH WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFI~R; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY MEDIUM TO MEDIUM- - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 19 82 'HIGH DENSITY RESIDENT/AL TO HIGH DENSITY RESIDENT/AL; PRCgriDING FOR A SAVINGS CLAUSE; REPEALI}~S PROVISIC~; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Ordinan'ce NO. 82-3'5 Re: Rezone - Riteco COrpor'ation City Attorney Vance read proposed Ordinance No. 82-35 on second and final reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A CERT~ PARCEL OF LAND MORE PARPICULARLY DESCRIBED HEREIN ~ICH IS BEING SIMUL- TANEOUSLY HEREWITH ANNEXED INTO T~E CITY OF BOYNTON ~FJtCH BY ORDINANCE AS P oU.D. (P~ UNIT DEVELOPMENT) WITH LAND USE INTENS~ 5 (L.U.I.); PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if the. re was anyone in the audience who wished to speak in favor of these proposed Ordinances. There was no response. He asked if there was anyone in the audience who wished to speak in oppo'sition to these proposed Ordinances. There was no response. Councilman deLong moved to adopt proposed Ordinance No. 82-27 re Annexation - RiteCo Corp. on second and final reading. The motion was seconded by Council~ember Woolley. No discussion. A roll call vote on the motion was taken by Mrs. Padgett, City Clerk, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Ay Ay Ay Ay Motion carried 5-0. Councilman Wright moved the adoption of proposed Ordlinance No. 82- 33 re Land Use Amendment - Riteco Corporation, on second and final reading. Vice Mayor Warnke seconded the motion. No discussion. Mrs. Padgett, City Clerk, took a roll call vote on the motion, at the request of Mayor Trauger: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Ay Ay Ay Ay Motion carried 5-0. - 28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Councilman deLong moved to adopt proposed Ordinance No. 82-35 re Rezone - Riteco Corporation on second and final reading.. The motion was seconded by Councilmember Woolley. MaNor Trauger r~quested Tereesa Padgett, City Clerk, to take a roll call vote on the motion, as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke ~ye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-36 Re: Amending Section 18-181(b), Article IV, Chapter~ 1'8'- Pensions and Retirement for Firemen City Attorney Vance read proposed Ordinance No'.. 82-36 on second and final reading, by title only: "AN ORDINANCE OF THE CITY ~OUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING S~ION 18-181(b) INVES~k~S, ARTICLE IV PENSIONS FOR FIREMEN, CHAPTER '18 PEN$ICNS AND RETIREMENT; PRO- VIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFSETIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience entertained any objections to proposed Ordinance No. 82-36. There was no response. He asked if anyone in the audience would like to speak in favor of proposed Ordinance No. 82-36. There was no response. Councilman deLong moved to adopt proposed Ordinance No. 82-36 on second and final reading, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-37 Re: Amend Section 26U58 Service Charges P're~scribed bY Elimating the Entire Section! City Manager Cheney informed the Council that this Ordinance has to do with utility rates, and it is an Ordinance which eliminates utility rates and sewer rates~s an Ordinance.. Later on,here is ~ Resol~tiQn which ~itl adopt Utility and.sewer and water rateS asla~Reso, l~tion.~ ~ City ~nager Che~ey said~he Wo~ld hate t~ ha~ Council~adop~ this Ordinance and then_ ~ ~--~ ~- - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 not adopt the later Resolution. Mayor Trauger. asked if the Council had a chance to review this yet. City Manager Cheney informed Mayor Trauger that they had the Ordinance and the Resolution. He said this is the second reading, but he did not want the Council to adopt the Ordinance that does away with sewer rates and then not adopt the Resolution that has sewer and water rates. Councilman de Long'asked, "Which comes first?" City Attorney Vance advised that they repeal the Ordinance first. City Manager Cheney asked if there was any doubt about the Resolution. He just raised that question to see if there was. If Council adopts the Ordinance and the Resolution, City Manager Cheney asked if they would make them both effective as of 11-1-82 (November t, 1982). City Attorney Vance believed the original was effective on November 1, 1982. Tereesa Padgett, City Clerk, advised that it was October 7, 1982. City Manager Cheney stated that they could change it to November 1, 1982. He explained that they had put October 7 on the first reading but it should be November 1, 1982. Changing the effective date on the Ordinance to November 1, 1982, ~ity Atto~ney~ance read proposed Ordinance No. 82-37, as modified to become effective November 1, 1982, by title only, on second and final reading: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 26-58, 'SERVICE CHAR~q PRESCRIBED', OF CHAPTER 26, 'WATER, SE~ERS AND CITY UTILITIES', BY REPEALING IN ITS ~NTIRETY (_AS ADOPTED BY ORDINANCE 75~15 ON MAY 16, 1975); PROVIDING FOR A REPEAT.F.R CLAUSE; PFEKZIDING A SAVINGS CLAUSE; REPEAT.TNG ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience who wished to speak in favor of proposed Ordinance No. 82-37. There was no response. He asked if anyone in the audience wished to speak in opposition to proposed Ordinance No. 82-37. There was no response. Councilman deLong proposed to adopt proposed Ordinance No. 82-37 on second and final reading, seconded by Councilmember Woolley. Mrs. Padgett, City Clerk', took a roll call vote on the motion, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Council~ember_Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Ordinances - l'st Reading Proposed Ordinance No. 82-38 Re: Annexation of 108.3 Acre Tract of Land - Homart-Boynton Associates (Regional Shopping Mall) - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 City Attorney Vance read proposed Ordinance No. 82-38 by title only, on first reading: "AN ORDINANCE CF THE CITY CO%~CIL OF THE CITY OF BOYBrlK~ BEACH, FLORIDA, ANNEXING A CE~AIN UNINCORPORATED TRACT OF LAND THAT IS GONTIGUOUS TO THE CITY LI~41TS WITHE PALM BEACH O0UN~fY AND THAT WILL UPON. ITS ANNEXATICN, CONSTITUI~ 'A REASONABLY O0MPACT ADgITION TO THE CITY TERRITORY PURSU~ TO A PETITION OF THE OkNER OF SAID TRACT OF LAND, REQt~STING ANNEXATION PURSUANT TO SFL~ION 7 (32) OF THE CHARTER OF THE CITY OF BOYRSK~ BEACH., FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING CF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED S ~IMULTANEOUSLY HEREWITH; REPEALING AT.,T, ORDINANCES OR PAR~S OF ORDINANCES IN OONFLICT HEREWITH; PBOVIDING A SAVINGS CIAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82- 38 on first reading Only, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Motion carried 5-0. Aye Aye Aye Aye Aye Proposed Ordinance No. 82-39 Re: Annexation of two tracts of land, Parcel 2 - 7.87 acres and Parcel 3 - 6.54 acres (Commercial and offi'ce u'se~s''a'n'c'i:l'l'~'ry 1to the Boynt'on B'each Mall) City Attorney Vance read proposed Ordinance No. 82-39 by title only, on first reading: "AN ORDINANCE CF THE CITY ~0UNCIL OF THE CITY OF BOYhrlY)N BEACH, FLORIDA, ANNEXING A CERTAIN UNIN~0RPORATED TRACT OF LAND THAT IS CONTIGUOUS TO T~E CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONST~ A REASONABLY COMPACT ADDITION TO THE CITY TERRITOR~ PURSUANT TO A PETITION OF THE OWNER OF SA~D TRACT OF LAND, REQUESTING ANNEXkTION PURSUANT TO SECTION 7 (32~ OF THE ~ OF THE CITY CF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171..044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZC~ING OF THE PROPER~Y SHATI. BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ATI. ORDINANCES OR PAR~S OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVINGS CLAUSE; PROV/D~ FOR ADVERPISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." COuncilman deLong moved the adoption of proposed Ordinance No. 82-39 on first reading only, seconded by Councilmember Woolley. No discussion. A roll call vote was taken on the motion by Mrs. Padgett, City Clerk, at the request of Mayor Trauger: - 31 - 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke ~- Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 82-40 Re: Annexation of 12.3 acre tract of land - First Federal Savings and Loan Association of Lake Worth (Commercial uses) ..... city Attorney Vance read proposed Ordinance No. 82-40 on first reading, by title only: "AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY !JMITS WITHIN PALM BEACH COUNTY AND THAT W/T,T, UPON ITS ANNEXATICN, CONSTITUTE A REASCNABLY COMPACT ADDI- TION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE O~ER OF SAID TRACT OF LAND, REQUESTING kN555XATION PURSOANT TO SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PRDPER ZO~/NG OF. THE PROPERTY S~AT.T. BE REFLECUED IN SEPARATE ORDINANCES TO BE PASSED SIMDLT~OUSLY HEREWITH; REPEALING AT.T. ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFSL~IVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-40 on first reading only, seconded by Councilmember Woolley. No discussion. Mayor Trauger requested Tereesa Padgett, City Clerk, to take a roll call vote on the motion as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Resolutions Proposed Resolution No. 82-VVV Re: Adopting Water and Sewer Rates City Manager Cheney just passed out a copy of what was basica!ly .... the Resolution the Council Members had in their books with two or three minor changes and one significant change he wanted to call to their attention. He referred the Council to page 2 of the one he just passed out to them. In the top section, where it says "City Residential (Per Unit)" and the "Out of City Residential (Per Unit)", City Manager Cheney stated that the words "Out of City" was left out of the first draft, so that change has been added. - 32 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Then, on page 3, City Manager Cheney called attention to a signifi- cant change under Section 5. He said this was where they are deal- ing with what they have considered the Sterling Village issues. When they dealt with this before, City Manager Cheney said they dealt with it on the water situation. What they did for water is incorporated in this Resolution the same as they did before, except they changed the 70~ per 1,000 to 95~, which is the same ratio that everybody else is paying. City Manager Cheney informed the Council that they did'not address the sewer issue before. The copy of the Ordinance that the Council had has down there in the second line of Section 5, $7.00 per unit. City Manager Cheney rethought that this week and was recommending here $5.00 per unit. $7.00 per unit is what they are charging~throUghout for conventiOnal dwelling units. The $5.00 per unit takes into consideration the fact that Sterling Village maintains their own system and by go- ing and dropping this to $5.00 per unit, City Manager Cheney said the City is giving them credit for maintaining their own system the same as the City is giving, them credit on the water charge when they dropped the' minimum charge for water. City Manager Cheney thought with ~this change the City had resolved the issue of SterlingVillage, He said we are supposed to.charge them' the 40~ per 1,000 treatment fee, because that we have, and we have to do that. City Manager Cheney said ~that would be on all water use, but he thought the $5.00 instead of $7.00 is a reason- able adjustment for the fact that they maintain their own system. Everybody else is paying $7.00, and they are~paying $5.00. That was the only significant change that City Manager Cheney passed out. On page 4, in "'Sec'tio'n 6", on line 5, through an error on the first one the Council had, it said $7.00 for Out of City. It should have been $8.75. City Manager Cheney said this had to do with the laundry section. Some of the laundromat people wrote to the City, and City Manager Cheney thOught he gave them copies of that correspondence. He said theY made the point that all of the water that they use does not go back in the sewer~system. Perry Cessna, ~ Director or'utilities, reuiewed that and reviewed the~s~atics. ~n essence, thi~ says that 5% of the'water'does not, City Manager continued. It evaporates or gets dried out in the drying process. It is not in ~eirsystem, and'the~City has 'given them~r~dit-~f~r '~ that, which we have not done before in quite the same way. City Manager Cheney informed the Council that the City used'to charge laundries different. He said this was in the OrdinanCe or Resolution the Council got last week. On page 5, in "SeCtion 10", City Manager Cheney called the Council's attention to a major change that was in the draft they got that has to do with the price for disconnecting and reconnecting. He said the City has always charged $10.00. That is much too low, but they are not suggesting a change on that if is disconnected and re- connected during the day. City Manager Cheney added a phrase on the third line of said Section 10, "for a total of $10.00", so people realiZe it is $5.00 to unhook - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 it, turn it off, and $5.00 to turn it off, for a total of $10.00. He said that was just a phrase to make it clear. The City has always done that. The thing the City has changed though is to disconnect and connect after normal working hours. City Manager Cheney said they are suggesting that that be $25.00 to disconnect and $25.00 to reconnect. The main problem the City gets on this is people do not pay their bills on time, and they come in or call up at 10 minutes till 5:00 and give the City a story of why and this and that, and the babies, mothers, in-laws, etc., so the City goes out and turns it on. City Manager Cheney advised that the City has been charging $10.00. In many cases, it is the same person or family or situation time and time again. City Manager Cheney stated they were suggesting here, and he knows the first time the City submits the bill, they will all hear about it, but they are suggesting if the City has to go out on a weekend or an evening and have to pay their people time and a half that the City ought to charge more. City Manager.~Cheney said they were suggesting that it be $25.~00 for a turn off and $25.00 for a turn on if~'.th~y~doitin'outsi~e of~a~ul~a~.WOrkhours. Thatisachang~,i~and City Manager Cheney wanted to bring it to the CoUncil's attention. It was the kind of thing he thought the City had to do. City Manager Cheney pointed out that it affects very few people in the City but when it affects them, he did not think they would get many calls on it, but he said Perry Cessna and he do because they do not allow their employees to do it in the evening unless either Perry Cessna or he (City Manager Cheney) say it is OK. That means they have the money or they worked out a payment schedule, or the bounced check is in, giving them cash, or something of that nature. Councilman Wright asked how many situations they were confronted with on maybe an annual basis~with this connect and disconnect situation. City Manager Cheney asked Perry Cessna, Director of Utilities, how many after normal working hours he would say they get in a year. ~Mr. Cessna advised, "Somewhere between fifty and one hundred." City Manager Cheney informed the Council that they were all mostly for non-payment. Mr. Cessna said, "That's right." Sometimes they are a family that arrives down here from up north, and they forgot to get it turned on, City Manager Cheney added. He reiterated that most of them are for non-payment, and every one for non-payment in the City, it is close to three months before the City turns it off. City Manager Cheney explained that you get the bill, then the second bill that tells you that then you are going to have it turned off, so it is' close to three months of non-payment before they get it turned off. If people come in and pay the first month, and still owe the other two, City Manager Cheney said the City lets it go for another month. Councilman Wright thought that was "pretty fair." City Manager Cheney remarked that it was fair but it was a problem. - 34- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 It seemed to Vice Mayor Warnke that they were nitpicking about the coin laundries a little bit to get 5% less because it does not go back into their sewer system. He asked, "What about other commercial properties when they water their office lawns and things like that? That doesn't go back in the sewer." Those that use a lot of it usually end up with two meters, City Manager Cheney advised, or use their own wells. He continued by saying any commercial enter- prise does a lot of watering, and it would pay them to have a second meter for just waterinq. Vice Mayor Warnke was looking fo~ repercussions. City Manager Cheney thought~most businesses who do irrigation with publi~ water, i% is probably a ~ery small percentage of their total bill. One other change was already in the Ordinance that the Resolution had. City Manager Cheney said it had to do with hydrants. Contractors can get a meter from the City, put a meter on a hydrant and use the water. The City has a problem of that meter being out for a long time, for the return of that meter, etc. If the Council read this, City Manager Cheney said they would see that there is a deposit fee in there, and if the City does not get it back (and they are supposed to bring it back every month so the City can check it and all that kind of stuff), they put the fees in there. The City does not want to take away from the contractor the right to use the hydrant.meter for protection but they want to be sure they have a "handle" on it because they are expensive. Councilman Wright asked what the $5.00 would do for~the City's projected income for the year. He questioned whether they would lose that much money. City Manager Cheney estimated it was about ~t2~000. If you assume $7,000, City Manager Cheney said they dropped it. He ~hought it was about $8,000 to $12,000. City Manager Cheney informed him it was $2 x $8.40 x 12, or about $15,000. City Manager Cheney thought it was the discussion they had with Sterling Village and thought.it was the equitable solution to the Sterling Village problem - no maintenance for their utility system, which was what the City wanted to do. City Attorney Vance advised that the blank on page 6 of proposed Resolution 82-VVV has been filled in, in "Section 14" with the 1st day of November 1982. He read proposed Resolution No. 82-VVV by title only: "A RESOIJ3TION OF THE CITY OF BOYNRON BEACH, FLORIDA REPEALING RESOLUTIONS 75-W, 76-QQ, 79-I,. 79-FF, and 82-ZZ RELATIVE TO knITER PAR~S; ADOPTING FEES AND. CHARGES FOR SERVICES OF THE SE~I~GE DISPOSAL SYSTEM; ADOPTING WATER RATES, WATER METER OONNECTICN CHARGES, CHARGES FOR METER DEPOSITS AND OTHER CHARGES RELATIVE THERETO; PROVIDING FOR REPEALING PROVISIONS AND AN EFFECTIVE DATE." Councilman deLong moved the adoption of proposed Resolution No. 82-VVV, seconded by Vice Mayor Warnke. No discussion. Mayor Trauger requested Tereesa Padgett, City Clerk, to take a roll call vote on the motion: - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-WWW Re: Requesting Concurrence from Palm Beach County Board of County Commission for Annexation - Homart-BoYnton Associates (Regional Shopping Mall) City Attorney Vance read proposed Resolution No. 82-WWW by title only: "RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING PERMISSION FR~M THE BOARD OF COUNTY COMM/SSIONERS PURSUANT TO FLORIDA STATUTE ~171. 062 TO REZONE A CERTAIN PORTION OF A PABCEL OF LAND BEING ANNEXED TO THE CITY OF BOYNTON BEACH FROM THE COUNTY ZONING CLASSIFICATION CG(CG~RCIAL GENERAL) AND AG (AGRI- CULTURAL) TO THE CITY ZCNING CLASSIFICATION OF C-3 (~ITY ODMMERCIAL) AND FRCM ~ LA~D USE ~F ~RCIAL POTf~TIAL TO CITY LAND USE CLASSIFICATION OF LOCAL RETAIL" Councilman deLong moved the adoption of Resolution No. 82-WWW, seconded by Councilmember Woolley. No discussion. At the re- quest of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion, as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Motion carried 5-0. Aye Aye Aye Aye Aye Proposed R~utlion No. 82-XXX Re: Requesting Concurrance from Palm Beach County Board of County Commission for Annexation - Homart-Boynton Associates (.Commercial and Office Uses Ancillary to BoyntonShoPpin9' Mall')1 City Attorney Vance read proposed ResolutionNo. 82-XXX by title only: '"RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING PERMISSION FRCM THE BOARD OF COUNTY ORRKISSIONERS PURSUANT TO FLORIDA STATUTE §171.062 TO REZONE A CERTAIN PORTION OF A PARCEL OF LAND BEING ANNEXED TO THE CITY OF BOYNTON BEACH FRCM THE COUNTY ZONING CLASSIFICATION A.G. (AGRICULTURAL) TO THE CITY zONING' CLASSIFICATION OF C-3 (~ITY ~CIAL) AND FROM COUNTY LAND USE OF CCM~ERCIAL POTENTIAL TO CITY IAND USE CLASSI- FICATION OF LOCAL RETAIL" - 36 - MINUTES'- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Councilman deLong moved to adopt proposed Resolution No. 82-XXX, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-YYY Re: Requesting Concurrence from Palm.Beach County Board of County Commission fOr Annexation - First Fed'e'ralSavinqs 'and ~o'an ~ssociation of Lak'e Worth' City Attorney Vance read proposed Resolution No. 82-YYY by title only: "RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING PER- MISSION FRC~- ~ BOARD OF COUNTY CC~SSIONERS PURSUANT TO FLORIDA ST~ §171.062 TO REZONE A CERTAIN P©R~ION OF A PARCEL OF LAND BEING AhlkRDGED TO THE CITY OF BOYNTON BEACH FROM THE COLlVI~ ZONING CLASSIFICATION AG(AGRICULTb/~AL) TO TP~E CITY ZONING CIASSIFICATION OF C-3 CCC~MUNITY COMMERCIAL) AND FRDM COUNTY 1AND USE OF COMMERCIAL POTENTIAL TO THE CITY LAND. USE CLASSIFICATION OF LOCAL RETAIL." Councilman deLong moved, seconded by Councilmembel adopt proposed Resolution No. 82-YYY. No discuss. Trauger requested Mrs. Padgett to take a roll cal motion, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Motion carried 5-0. ~ Woolley, to [on. Mayor vote on the Aye Aye Aye Aye Aye Proposed Resolution No. 82-ZZZ Re: Designating an Alternate Representative to the Metropolitan Planning Organization - R~quested by Vice' Mayor james Warnke ' ~ ~ City Attorney Vance read proposed Resolution No. 82-ZZZ by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOY/VlI/~ BEACH, FLORIDA, DESIGNATING AN ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND FOR OTHER PURPOSES." Vice Mayor Warnke wished to make a change on the Resolution in Section 1. He said it should be Councilman Samuel Lamar Wright. - 37- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Councilman deLong moved, seconded by Councilmember Woolley adopt Resolution No. 82-ZZZ. No discussion. A roll call taken on the motion by Tereesa Padgett, City Clerk, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-AAAA Peat and Soil - EXcaVation Re: Release of Bond , to vote was Las City Attorney Vance read proposed Resolution No. 82-AAAA ~y title only: BOND POSTED BY ATLAS PEAT AND SOIL, INC. FOR AN EXCAVATION PERN IT GRANTED UNDER OlD CHAPTER 10 ~F THE CITY ORDINANCE." Councilman deLong moved the adoption of proposed Resoluti 82-AAAA. The motion was seconded by Vice Mayor Warnke. discussion. Mrs. Padgett, City Clerk, took a roll call v the motion, at the request of Mayor Trauger: Aye Aye Aye Aye Aye Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger )n No. .~o ote on ty Motion carried 5-0. Proposed Resolution No. 82-BBBB Redevel~opment ~rea by title Re: Expansion of CommunJ City Attorney Vance read proposed Resolution No. 82-BBBB only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH DECLARING CERPAllq A}EAS AS BLIGHTED, AMENDING. RESOLUTION NO~ 82-EK TO EXPAND THAT AREA PREVIOUSLY DECLARED SLI~ AREA AS DEFINED IN CHAPTER 163, PAI~ III, FLORIDA STATUTES; DECLARING A _N~D FOR REHABILITATION OF SUCH AREAS; FINDING A NEED FOR A CC~MIRqITY REDEVELOPMENT AGENCY ANI CREATING SAID ~ITY REDEVEIDPMENT AGENCY; PROVIDING FOR A~ ~IVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Resolution No. 82-BBBB, seconded by Vice Mayor Warnke. No discussion. Mrs. Padgett took a roll Call vote on the motion, at the request of Mayor Trauger: - 38- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-CCCC Re: Authorization to Open a Checking Account - Boynton Beach Recreational Facilities Construc- tion Fund City Attorney Vance read proposed Resolution No. 82-CCCC by title only: "A RESOLUTION OF THE CITY COUNCIL ~OF THE CITY ~OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE OPENING OF A CHECKING ACCOUNT WITH FLORIDA NATIONAL BANK IN THE CITY OF BOYNTON BEACH, FLOR/DA, SAID ACCOUNT TO BE KNOWN AS THE BOYNTON BEACH RECREATIONAL FACILITIES CCNSTRUCTION FUND." Councilman deLong moved the adoption of proposed Resolution No. 82-CCCC, seconded by Councilmember Woolley. No discussion. A roll call vote on the motion was taken by Mrs. Padgett, City Clerk, at the request of Mayor Trauger: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-DDDD Re: Authorization to Approve and Execute Agreement With The School Board of ~Palm Beach County to Operat'e a Community SChool Program City Attorney Vance read proposed Resolution No. 82-DDDD by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLOR/DA, APPROVING~AND AUTHORIZING THE EXECUTION OF THE AGREE- MK~T BETWEEN THE CITY OF BOYhII~N BEACH AND THE SCHCOL BOARD OF PALM BEACH COUNTY, FLORIDA, TO OPERATE A CC~I~gNITY SCHOOL PRO- Councilman deLong moved the adoption of proposed Resolution No. 82-DDDD, seconded by Vice Mayor Warnke. No discussion. Mrs. Padgett, City Clerk, took a roll call vote on the motion, at the request of Mayor Trauger: - 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Other Approval O?Joyce Environmental Contract Renewal City Manager Cheney informed the Council that this is the firm that has been doing the City's drainage canal maintenance area. The City is satisfied with their work, and City Manager Cheney thought they should stick with this for at least a three year period. The City has watched them carefully, and City Manager Cheney has been out with them on their little boat. He was convinced that they know what they are doing, and they are the main firm that does the City's work and advises .the Lake Worth Drainage District, City Manager Cheney pointed out that it helps to have the same firm involved in both agencies. City Manager Cheney said they recommended the Council authorize the contract for another year. He added that staff thought through this process, they have found the best solution and the easiest solution for handling the City's canal maintenance. Mayor Trauger asked if he thought his neighbor would be convinced (the one that had the problem with the aquatic weed). City Manager Cheney replied ~hat~he assumed-he was talkingaboutEdLewis, and h~thought Mr. Lewis was satisfied with the work the City is doing and under- stands the problem. City Manager Cheney knew that Charles Frederick, Recreation and Park Director, had a number of conversations with Mr.?Lewis. He said Mr. Lewis h~d not discussed the canal problem with him lately. Councilman deLong moved the approval of the Joyce Environmental Contract renewal. The motion was seconded by Vice Mayor Warnke. No discussion. Motion carried 5-0. Discuss VSH ~RealtY Proposal City Attorney Vance informed the Council that Attorney Gene Moore has renewed his offer of settlement that was previously presented to the City some two or three months ago. City Attorney Vance had forgotten the precise date. He said it involves some D~arnt-i~gs and he believed a barrier. City Attorney Vance thought Carmen Annunziato, City Planner, may remember the details of the offer. Mayor Trauger remarked, "There have been no additional sweeteners added?" City Attorney Vance replied, "There have been no additional sweeteners added." - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Mayor Trauger believed there were some people who wished to speak~ so Councilman deLong held a comment he was beginning to make. George W. Thomas, 1117 Lake Terrace, Leisureville Complex, Boynton Beach, told the Council this VSH Realty matter has been a matter of concern to the Leisureville community, as the Council knows. He said he would like to remind the CoUncil that i% was reeommended to the~.City Attorney's office that they obtain the views of Leisure- ville residents when this deal was first offered before. Mr. Thomas stated that the residents said then that the erection 0f the wall would be so that it would not provide inherent in placing the loading bay on the eastern side of the pro- posed building, and they still maintain their position on that. Mr. Thomas hoped-that the Council would stand firm in its decision not to retreat from this challenge to its sovereign_right of dis- approval when they proceed with a project that would be harmful to Boynton citizens. Mr. Thomas thanked the Council for this opportunity to carry their views once more to the Council. In view of the fact that the City Attorney did, at the time, recommend that the Council go on record and approve the appeal of this decision, and Councilman deLong had no notice of anything otherwise, he moved at this time that the City Attorney pursue the appeal. Vice Mayor Warnke thought this had already been a motion before. Councilmember Woolley answered, "Yes." City Manager Cheney said the Council should probably take an action to reject the offer made by the attorney. That was what Councilmember Woolley was thinking, and said he should move to reject the counter offer. Councilman deLOng moved to reject the Countem offer made by VSH Realty and for the City Attorney to continue to.proceed with the appeaL.. ~The motion was seconded by Vice Mayor Warnke. At the last meeting when this came up, Councilman Wright read the material in his Council packet, and it seemed that we lost. He understood that the City spent in excess of $22,000 in legal fees. Councilman Wright's question was to 'City Attorney Vance, "Do we have any hope in this matter or are we just fighting to be fight- ing or spending money, and nothing is going to come out of this?" City Attorney Vance did not think the fees are that high. He thought they were around $6,000 or $7,000. City Attorney Vance added that they might be higher. To Councilman Wright's question, City Attorney Vance answered, "Yes. As a matter of fact, we do. For the record, we recommended the approval some three months ago of that settlement. However, in the appeal situation, we think we have a rather excellent appeal, and we have obtained amicus curiae. The~e were some other governmental entities that aDpare~tly will file~.friend'of the. court briefs.that may-avoid the one problem we thongh% we might~encounter, which was the per curiam affirmaneeuof ~he lower Court~" - 41 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 With amicus curiae briefs going in, City Attorney Vance thought they could avoid that problem. He thOught the City had a very decent chance of winning the appeal. City Manager Cheney remarked, "If you understand all that language." Councilmember Woolley jested by asking, "What did you say?" City Attorney Vance further commented by saying that the question~ which will~actualty~beappealed, is somewhat technical relating to whether you go by certiorari (and he could not state it any other way) or by an appeal de nova. Again, City Attorney Vance said there were no substitutes. City Attorney Vance advised that it is a question of some importance to a lot of governmental entities other than just the City of Boynton Beach. They had some concern that they might get a simple per curiam affirmed, which means no opinion is written by the Appellate CoUrt; they simply affirm the lower court's decision. City Attorney Vance further aduised that it does not become binding casewise, not as an opinion rendered by an Appellate Court. It simply affirms the lower court's decision. City Attorney Vance stated that they feel with amicus curiae briefs filed ~friend of the court' briefs), they will stand a pretty good chance of avoiding that situation and they think they have a pretty decent chance on the appeal. Councilmember Woolley asked if he could guarantee that the City will win. City Attorney Vance replied, "No. I can't guarantee that." He repeated that he did not guarantee they would win. "But the people will be happy if you try. Right?", Councilmember Woolley asked. In the yearly budget, Councilman deLong pointed out that they provide money for extra legal. This is to come to the rescue of the~people whenever they do have a_~liti~a~i~n that concerns them., where they have disagreed with things that are being done. Council- man deLong reminded the Council that they are representatives of the people. Even if .they are spending.the money, he said that was what they put the money in the budget for. Councilman deLong urged the Council to go forward and see if they can accommodate the will and the wishes of the people. He said that is the way it stands. Councilman deLong told the Council there was no guarantee that they were ever going to win anything. Councilmember Woolley's only concern was that if ~th'ey were not to win the appeal, then what would be next. She asked if the people would be happy and satisfied. Councilman deLong said they are going to have to live with it. Mayor Trauger commented, "If we lose, we lose." Councilmember Woolley remarked, "They'll be happy, knowing that the City' tried, or at that point, will they say, 'Let's have the other offer.'" She was just saying, "Is that what they would want? This is what I a~ talking about." - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Councilman deLong advised that your recourse is if you lose the appeal, you can always go to the Supreme Court, but he thought after the appeal court, "you are washed up." Mr. Thomas came forward again to inform the Council that the offer really does not change anything. Councilmember Woolley affirmed that it does not do anything for them. Mr. Thomas said, "We still have the bad problem they left us with, putting a loading bay' on our side, which brings it many~ many feet closer. It was bad enough before. This makes it intolerable.'' Councilmember Woolley had understood that there, was going to be one of those Pac-Man feeder things at the other end. She thought that was just worse and said she would rather thave a 7-11 than one of those Pac-Man rooms. M~ayor Trauger.asked if she meant game rooms? Councilmember Woolley answered, "Game rooms, with children hanging around there." Vice Mayor Warnke thought the fact that the Council got a letter from their attorney wanting to go back to the original proposal may indicate that he may be worried about the appeal. Mayor Trauger disagreed, saYing yo~always try it both ways. A vote was taken on the motion, and the motion carried 5-0. Items Requested bY Councilman Joe deLOng Councilman deLong had two matters concerning the City Attorney: 1. About a year ago, Councilman deLong believed it was, the residents in the development in N. E. Third Court wanted to deed to the City a small space of street that was designated as private. They had the ownership of it, but it was inbetween the City's street, Councilman deLong advised. In other_words, he continued, you come in on the City street and then you went on to a private street, and then you continued on the same street which was public. Councilman deLong said the people are very much concerned that they are deeding this over to the City. He thought it had been "hanging fire" before the Council got it this year. Councilman deLong thoUght there was some question about it coming into the City, he would say, back in the early 70's and it never materialized. Councilman deLong wondered if City Attorney Vance was in a position to tell the Council how far he has progressed with it. Mayor Trauger thought the Council had resolved this. City Attorney Vance did not know of any formal action that was taken. He said there was a Problem relating to outstanding mortgages. City Attorney Vance advised it was a condominium situtation. He explained that he was doing this on memory only at this point, as he did not have the file with him. City Attorney Vance believed that there is probably a rather substantial problem relating to the fact that the City might end up having to get an awful lot of mortgage releases or releases from mortgage holders in - 43- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 connection with this. review the file.~~ However, City Attorney Vance said he would As they had been "fiddling" with this for a long, long time, Mayor Trauger thought they should either decide "Yea" they can, or "Nay, they can't. As far as Councilman deLong was personally concerned, he saw them abandon streets before and referred to one where Ann Barrett had her office on Federal Highway, where the ABCD and the transmission place is, that pUblic right-~of-way i~ there. Council- man deLong remembered abandoning that with no strain at all. Mayor Trauger commented that there was only one catch to this, If you pick up the abandoned street and then the next week,-they will be in tO__have the street repaved ~because it was in such bad shape when they gave it to you. COUncilman deLong said the City was repair- ing it anyhow. The thing is, Councilman deLong advised, this is unique, because you are coming down the street and you get half way down, then you get a little stretch in there ~that is private, then you p~ck up the public street from there, until the end of it. Councilman deLong expressed, "That's ridiculous! How can you have a private street inbetween the public street? It doesn't make good sense." Mayor Trauger asked Councilman if he'needed a motion° deLong replied, "No. We made a motion on it already." Councilman City Attorney Vance told the Council it would not be the City abandoning that street. It is owned by the condominium. Council- man deLong said it was 15 years old. City Attorney Vance said he would pull the file. 2. Councilman deLong wanted City AttOrney Vance to make a study of the situation over at the beach with the snack bar. Councilman deLong did a little research on it and he found.out that that concession stand has been at that beach since 1940 (42 years ago.) He thought when they got into the agreement on the deannexation, Councilman deLong did not think that the concession went along with it. He did not know what theirordinancesareoverthere, outlawing businesses~ but Councilman deLong was of the opinion that this was grand- fathered in. Councilman deLong wanted to have some research made on it. If, in the event it is grandfathered in, then Councilman deLong wanted to see the present building remain where it is but dress it up a little. He said they should forget about this restaurant deal. Councilman deLong thought that could be eliminated from the plan. He admitted they may have to alter the plans but he thought the City would be doing the fair and just thing insofar as the concession or snack bar is concerned, after the City has given out only recently (not too far in the past) a five year leaSe witha five year option. Councilman deLong thought if they did not come to some agreement here, the City was going to get involved in litigation on that one. - 44- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 Councilman deLong thought it might be a lot different because the man who operates that has an iron clad agreement to sell it at a nice price. He thought the .City would have a little problem there and would be in for a suit and would have to spend a considerable amount of money in order to abrogate the - Mayor Trauger interrupted Councilman deLong to ask, "Don't you really think that since that was imposed by Ocean Ridge that they would pay the amount of the contract for the ~i% since they put that in?" Councilman deLong said Ocean Ridge is trying to "yooker" this City in to clean their beach north and south of our beach. He said then they could see how much Ocean Ridge wants to'spend. Councilman deLong wanted to have the City Attorney research this and j~st~.~.see what he could come up with. He said he did not know whether or not they could do what they did, but somebody is going to have to pay and evidently, Boynton Beach is the people who gave the lease and the people who gave the option, and he thought that we were going to be the people that is going to be involved with the litigation. Councilman deLong made that in the form of a motion. If the present location can be grandfathered in.on the same property, in moving it, could it still possibly be Unde~thegrandfather clause, Vice Mayor Warnke asked~ .That was it and why Councilman deLong asked~the City Attorney to explore all avenues because if it is grandfathered in, they just could not move it. CoUncilmember Woolley seconded the motion. Mayor Trauger repeated the motion that the City Council investi- gate the possibility of the grandfather clause pertaining 'to the beach concession to protect the City to its best interest. A vote was taken on the motion, and the motion carried 5-0. OLD BUSINESS ApproVal of' In'f'ant' ~Statue · "L'o an'ed 'from He aven" Councilman deLong moved the approval, seconded by Councilmember Woolley. The motion carried 5-0. NEW B'USINESS Items Reques~'~dby Councilm'an 'Joe deLong Although Councilman deLong said it may seem .far fetched to Members of the Council, he stated that if you do not start now, you are never going to get any place. Councilman deLong happened to be a member of the Council who made the recommendation to get busy on Seacrest Boulevard for the widening of it and the drainage, which has not come to pass. Councilman deLong moved to petition the County to indicate whether it is going to be done tomorrow, the day after, this year, or next year. At least, Councilman deLong - 45 - MINUTES - REGULkR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 thought they should get it in the hopper and start moving for the entire widening and resurfacing anddrainage of Seacrest Boulevard within the confines of the City limits north to our north City limits. Councilmember Woolley seconded the motion. Mayor Trauger repeated the motion that the City Council petition the CounHy Commissioners fOr the improvement of Seacrest Boulevard° including widening, repaying and drainage the full length of its confines within the City of Boynton Beach. In July of this year, Councilman deLong stated this uSed to be under the jurisdiction of the City of Boynton Beach but the Legis- lation passed a law where the County had to pick up these different roads within the City limits. He thought the date was July. City Manager Cheney informed him it was July of this year. Councilman deLong said this now was no longer under the authority of the City of Boynton Beach. He thought they should star.t the County off right with a new gift ~noW by askinq that it be widened and put drainage in there, and they wOuld Rave t.he thing complete. City Manager Cheney advised they would have to pass a Resolution. Mayor Trauger asked if they could ask for a proper Resolution. Councilman deLong was in agreement. ~ouncilman Wright thought it was a great idea. He thought it was needed and said some citizens complained~a~while back that they did not want it because of their children in the area. Councilman deLong commented that they would soon holler..when they have a rain and they are flooded up there. Councilman Wright thought the City needed to do that. Vice Mayor Warnke offer~tod~eck With the'County at themeeting he~uldbeattending~on October7, 1982. Mayor Trauger repeated .the motion that the City Attorney draw the proper Resolution requesting the County Commision to repave, _widen, resurface and drain the full length of Seacrest Boule- vard within the confines of the City limits north to the north limits. A vote was taken on the motion, and the motion carried 5-0. Items Reque'sted~ by'Co'uncilman Samuel Lamar Wright Councilman Wright was sure everyone heard of the fatal accident which occurred maybe a week and a half ago on North Federal High- way and N. E. 10th. He left a meeting at the Civic Center and met City Manager Cheney there. (Incidentally, Councilman Wright said the City Manager is everywhere in the City of Boynton ~each. l Nevertheless, Councilman Wright informed the Council that one of our residents did expire from that accident. He said many of them travel to and from the Dutch Mill on North Federal. Councilman Wright continued by saying children so many times ride their bicycles to and from the parochial schools and he was wondering whether the City could request the Department ~of Transportation or perhaps the County Engineering Department just to take a - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 survey and see if it would warrant putting a pedestrian cross walk in there because he would hate to see more accidents occur. Councilman deLong asked him if he was talking about up by the Dutch Mill. Councilman Wright replied, "Yes." Councilman Wright moved that the City of Boynton. Beach request a traffic study from the County on the intersection of N. E. 10th Avenue and the Federal Highway for the purpose of putting in signali- zation for a cross walk.. The motion was seconded by Vice Mayor Warnke and Carried 5-0. Golf Course Councilman Wright wanted City Manager Cheney to give an update on the Status of the golf course about what has transpired. Mayor Trauger advised that they merely signed the bonds. The attorneys authenticated everything, and all of the documents pertaining to the bonds were presented and .agreed upon by the attorneys for the bonding house, for the underwriters, and for the people Who bought the bonds. Councilman deLon~g asked if when are we going to break ground was what he meant. Mayor Trauger answered, "No." He Said the money is here - Three~.~lli~n~.Nine Hundred and some Thousand was brought back with them by Grady Swann, Finance Director, put in the bank and is already drawing interest. Councilman deLong said when are we going to break ground is the thing. Mayor Trauger continued by saying now they are reviewing the bids that were-out, and they come back in offers from the companies. He said the Council would have a report, probably by the next Council, on this. City Manager Cheney informed everyone that they have had a pre- construction conference with all the bidders, the Lake Worth Drain- age DiStrict, all of our people, Florida Power and Light, etc, He said we are pulling together ~some loose ends in preparation for construction. City Manager Cheney said the City has to get a temporary construction road in there. The City has an easement situation with the Lake Worth Drainage District, who we are proceed- ing with. The City has been out there with the Lake Worth Drainage District to talk about a temporary construction road along the canal bank. The City has to do some fortification. City Manager Cheney also told the Council that the City has met with the people who are going to build the access road, The access road has been designed by Rick Rossi and his firm, which will go on-~the south side of the canal. Lake Worth Drainage District has reviewed the access road and the crossing. That is going throUgh the process of the ~Drainage DistriCt's aPProval, but the access road (which is being built by others or by the current developers of Le Chalet, which is now called "Park Walk". He said they did agree to build the access road) is designed and they are getting ready to go on it. - 47 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 City Manager Cheney said the City has a couple of prices for build- ing a temporary canal- maintenance road for around $13,000. The City has put that in-their budget, and are getting ready to go. As a matter of fact, City Manager Cheney said there is a question about ground breaking because it may be that the contractor will be in there in a day or two without~ a way for any of us to get into there unless you had a 4 wheei~driue vehicle. He said the City could have something later on but right now, there is no place to have a ground breaking except off of the property because they just cannot get into the property. Councilman deLong thought it would be a good idea to at least advise the Council when the contractor is in there doing something So they can at least say, "Well, they're in there working on it now. If they don't believe it, they can take a trip up there." City Manager Cheney said the City is not able pin point that date yet. When the contractor goes in, Mayor Tr~a.~q~r3 asked that City Manager Cheney let the Council know. City Manager Cheney promised that he would. He said they will have regular monthly reports from the contractor with his request for money. City Manager Cheney advised that they are just-pulling together all of the loose ends to get the project going at this moment. Councilman Wright asked City Manager Cheney if he understood that at the next meeting of the Golf ~Ad~isory ~0ard, they are going to discuss or decide whether or not we should use carts versus people walking to play golf. City Manager Cheney clarified that the Board is not going to decide that. The Council is going to decide. Councilman Wright called attention to the fact that they are going to discuss that. City Manager Cheney is hoping that when that next meeting is held, it will be a time when Bob Von Hagge can be here and the.City can have that level of involvement on tha~ discussion. Mayor Trauger expressed that he would like him here because every guy is an expert on whether you should walk or ride a cart. City Manager Cheney said that was why he wants him here, and they will do that when he is here. One of the things the City has to worry about right off is because the Cit~ got a good interest rate on those bonds, people say, "Oh, ~we got Lots and lots of money and we d~n't have to have carts. We'can do this," City Manage~ Cheney continued. He asked the Council to remember that the City got a good interest rate on the bonds but they are also going to earn less interest on their investedmoney so in the lonq run; they are better off, but initially, they are not. Councilman Wright raised~this questign~b~cause when he went to vote this morning, ~ he had several citizens inquire and say they are going to pull out if they are not given an option'to do some of the things that they want to do. Mayor Trauger and City Manager Cheney advised, "Let them go." Councilman deLong reminded them they will have to meet that payment when it is due. City Manager Cheney stated that they will meet that payment and they are going to work hard to provide alternatives for people to be "darn sure" - 48- MINUTES - R~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 that the dollar flow is as high as the dollar flow can be. Land Swap Councilman Wright thought perhaps Attorney Vance would be in a better position at the next meeting to give them an update about what is happening with the annexation of some land up here so they can finalize this land swap deal. City Attorney Vance took a brief moment to go out'into the audience and talk to the parties concerned, and the land is being presently appraised. He thought the City would have the appraisal within a week. City Attorney Vance advised that it looks like it-is going to go through. Boynton Beach Woman"s Club - requested.by Mayor Trauger Mayor Trauger received a letter today for the Council and the City from the Boynton Woman's Club. Mayor Trauger read the letter (a copy of which is attached hereto). Mayor Trauger turned the gavel over to Vice Mayor Warnke and made a motion that the City Manager and the City Attorney attempt to investigate what the State rules are or Federal regulations-that permit (since this is a historic shrine) either the Woman's Club borrowing or the availability of Federal funds to do partial restoring of the building. He thought because it is a City build- lng, the legal staff could look into it and the City staff as well as this-~iS~a g~eat-monument.~in the~.CityOf BOynton Beach. Councilman deLong seconded the motion, and the motion carried 5-0. ADMINISTRATIVE Cemetery Refund City Manager Cheney informed the Council that the request was for a refund in the amount of $120.00 on Lot 572-B, Block N, Boynton Beach Memorial Park Addition #1, in the name of Geraldine V. Graham. Councilman deLong moved, seconded by Councilmember Woolley, to approve the refund. Motion carried 5-0. Approval of Five B'ills City Manager Cheney requested the approval of the following bills: Caldwell, Pacetti, Barrow and' Salisbury - title search and title insurance policy· for the golf course land $12,740 o 00 Even though the County owns it, City Manager Cheney explained that the City wanted to be sure there were no problems if they are going to put Two Million Dollars in there. He said the City has good title, and the City has title insurance. 2. South CentralRegionalWaste Wa~sr~TreatmentBoard Monthly bill 50,952,00 - 49 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 6, 1982 3. South Central Regional ~aste- Water Treatmen~t Board (Half of what was approVed at 'the last meeting) $ 5,904.00 4. Koblar Contractors (payment) 1 million gallon service tank 26,711.00 5. Boyle Constructicn (payment) 32,264.10 Councilman deLong moved, seconded by Councilmember Woolley, that th~ payment of the bills read by City Manager Cheney be approved. Motion carried 5-0. ADJOURNMENT The meeting was properly adjourned at 10:15 P. M. CITY OF BOYNTON BEACH Vice Mayor r ~ ~Clerk/-- ~ J ~~~ Recording Secreta~ (Three Tapes) ~ ~ - 50 - AGENDA 3-page ADDENDUM to 10/6/82 Council Minutes - See page 6 (additions made on pages 49 & 50) October 6, 1982 ADMINI STRAT ION Approval of Bills: Al.!iedUni~er.~al Corp. Chlorine for Water Treatment Plant Pay from 1981/8z Budget---401~-332-533-30-65 1,240.92 B & H Sales SupPlies for Water Distribution & Sewage Collection Pay from 1982/82 Budget---401-333-533-60-51 1,416.00 401-351-535-40-3F 1,230.35 2,646.35 Davis Industries 5 K & L Accumag Flow Meters Pay from 198~/82 Budget---403-000-169-11-00 Council Approved 7/6/82 7,025.00 e ~owling Fire'Equipment, !nc. 1 Emergency One Model "Senty III" vehicular unit with top mount control panel :and pump mounted on a Ford C-8000 chassis Pay from 198~-82 Budget---001-000-247-13-00 29,500.00 320-221-522-60-8~ 70,000.00 Per bid 7/20/82, Council approved 8/17/82 99,500.00 Enqinee~. Se.r~ice Cgrporation For Seiscor Lift Station Monitoring Unit installed. Pay from !98~/82 Budget---001-411-541-60-3P 4',585.00 I.B.M. Corporation Rental for Systems 34 for September, 1982 Pay from 1981/82 Budget---various departments 6,856.00 Jack Ko.uns company Irrigation System at Pence P~rk ' _ pay from 1981/82Budget---00~-000-247 1J 00 Per bid 8/9/82, Council approved 8/17/82 6165.00 6,165.00 Marcinkoski Gradall ~Swale Construction N. Ocean Parkway Drainage Pay from 1981/82 Budget---001~411-541-60-3P! Per bid 8/10/82, Council Approved 8/17/82 11,876.37 Meeting: -2- 10. 11. 12. 13. 14. 15. 16. Metric .Engineering~ Inc. Inv. ~!4 Improvements to ~arious streets in the Cherry Hill Area Pay from 1981/82 Budget---001-000-115-87-00 2,520.00 South rC.entral RegioD.al Wastewate~ .Treatment Board For resident inspection services rendered in connection with Inter~ Sludge Stabilization & Conditioning at plant. 50% due from Boynton Beach ~a¥ from 1980/81 Budget---403-000-169-11-00 3,716.37 Star.Publishinq ComDanv, Inc. 15,000 Fall Editions of "Boynton Bulletin" per bid Pay from 1981/82 Budget---001-721-572-40-72 300.00 101-191-519-40-5J 862.00 1,162.00 Tri County Ceilings Partial Payment Acoustical Ceiling -- City Hall Renovation Work Pay from 1981/82 Budget---001-000-247-09-00 Per bid 7/23/82, Council approved 8/3/82 3,315.00 Valley Forge Flag co., Inc. 1 flag pole with flash collar & 13 flags Pay from 1981/82 Budget---320-000-155-03-00 Per "State Contract" %350-80-82-1 2,143.20 Ray Allen Insurance Agency Renewal of Fire Insurance Blanket on Buildings &:~Business Personal Property Pay from General Fund---001-192-519-40-43 $14,470.00 Pay from Water & Sew.---401-395-539-40-43 $28,370.00 42,840.00 Ray Allen Insu.~rance Agency Renewal of Blanket Automobile Insurance Deposit Premium due 9/30/82--$40,437.00---Balance due in eight monthly installments. Pay 75% from General Fund---001-193-519-40-41 Pay 25% from Water & Sew.---401-395-539,40-41 115,517.00 ~ay Allen Insurance.Aqency Renewal of General Liability Deposit Premium due 9/20/82--$20,803.00---Balance due in eigh~monthly installments. Pay from General Fund---001-195-519-40-4B---$38,640.00 pay from Water & Sew.---401-395-539-40-4B---$20,803.00 59,443.00 COUNCIL APP~O¥£D:. Meeting,, ~,,ge. -3- 17. ..Ray Al. len Insurance Company $ 102,052.00 workman's Compensation Insurance Deposit Premium Due---10/16/82---$25,513.00---Balance due in eight monthly installments. Pay from various departments---General Fund & Water & Sew. The bills described have been approved and verified by the department heads involved; checked and approv~ for payment ~fthe Finance Department. Grady W. Swann w Finance Director I therefore recommend payment of these bills. Peter L. Cheney, C~ty Manager COUNCIL APPROVED: Meetin .4' Honorable W. Man:tin Trauger Mayor City of Boyntot/ Beach 120 N. E. Second Avenue Boynwn Beach, Florida 33435 ADDENDUM to--10/6~(8~2~C~'~ncil Minutes See page 49 Boynton V oma s ¢l b P. O BOX 1135 BO Y~'4 TO Noct0ber B ~'ACH"s, FI1'~3435 Dear Mayor Trauger: The officers and members of the Boynton Woman's Club cordially invite you. and all the members of the City Council to our Open House at the Boynton Boynton Woman's Club on Friday, November. 19, -1982 , beginning at 1:00 P,M. There will be a short program followed by tours of 'the building during the afternoon. As you know, Major Nathan Boynton, the Founder of Boynton, contributed some of the funds for the construction of our club building which was designed by Palm Beach's famous architect, Addison Mizner. The club building was built in 1925 and was listed in the National Register of Historic Sites in 1979. The Boynton Woman's Club was organized in 1909, incorporated and joined the State Federation of Women's. Clubs in 1911. Throughout its history, the Boynton Woman's Club has been a meeting place for many community, school and church activities. The first library in a public building in Boynton was in the Boynt0n Woman's Club. Our members have always supported community projects and in the earlier days of Boynton's history almost ail of the school and city dinners, dances and soCial functions were held in our beautiful historic building. Due to the increased costs of general maintenance, utilities, and insur- ance, we have been unable to .plan our budget to include major repairs to the building. We are now faced with the necessity of making major roofing repairs, plumbing repairs and painting and repairing the building inside and out. It is hoped that we can raise the funds necessary to restore our building to its original beauty .prior to celebrating our 75th anniversary in 1984. Your support in publicizing our club and club building and its unique place in the history of Boynton Beach will be greatly appreciated. We look forward to seeing you and your fellow council members, and members of your staff, at our Open House on November 19th. Respectfully, Edith A. Smyth, President