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Minutes 08-17-82
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 17, 1982 PRESENT Walter "MartY" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Wootley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Trauger welcomed everyone and called the meeting to order at 7:30 P. M. He announced the invocation would be given by Council- man Samuel Lamar Wright, followed by the Pledge of Allegiance to the Flag, led by Councilman Joe deLong. AGENDA APPROVAL Councilman deLong requested that under "VIII. LEGAL", "Proposed Ordinance No. 82-16 relative to M-t zoning be moved up and disposed of as rapidly as they could because they need some mors work to be done on the composition of the ordinance. Mayor Trauger announced that "VIII, LEGAL, A. 1" would be moved up before the Consent Agenda. Councilman deLong explained that people in the audience are interested in this, and there was no use to delay it. Counci~%an delong also had an addition under "XI. ADMINISTRATIVE, Bi 3." He believed the Council Members had received notice of an immediate resignation from the Board of Adjustment and thought they could fill the appointment tonight because there are Alternates on the Board. Also under ~XI. ADMINISTRATIVE, B. 4," Councilman Wright added "Appointment to the Boynton Beach Housing Authority". Under item 5, City Manager Cheney added two bills. "Mayor Trauger added "Questions as to status Under "VIII, D, 1, _ of Resolutions or Ordinances." Councilman deLong moved to adopt the Agenda with the additions and corrections made, seconded by Councilmember Woolley. The motion carried 5-0. ANNOUNCEMENTS Bicycle Auction will be held August 19, 1982, at 9:00 A. M. behind the Police Station (West Side) Mayor Trauger read the announcement. Florida Power and Light's Energy Conservation Van will be in Boynton Beach on August 19, 1982 at the following locations: 9:00 A. M. to 12:00 Noon Utilities Complex SE 15th Avenue and Seacrest Blvd. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 12:00 Noon to 3:00 P. M~ City Hall 120 N. E. 2nd Avenue Mayor Trauger read the announcement. City Hall Will be closed on Monday, September 6, 1982, in observance of Labor Day Mayor Trauger made the announcement. Next City Council Meeting will be held on Wednesday, September 8, 1982, due to a Primary Election on September 7, 1982 Mayor Trauger made the above announcement. He further announced that the City Council Meeting will be moved to Wednesday, October 6, 1982 because of the Primary. Because of the Election on Tuesday, November 2-nd, the Council Meeting will be held on Wednesday, November 3, 1982. Mayor Trauger repeated that on the following Wednesdays, there will be Council Meetings rather than on Tuesdays because of the election: Wednesday, September 8, 1982 Wednesday, October 6, 1982 Wednesday, November 3, 1982 Proclamations National Fight Cancer Day - September .8, 198.2 Mayor Trauger read the Proclamation. He asked where the check-ups would be held. City Manager Cheney assumed you would just get a check-up through your own doctor. Mayor Trauger thought they would have a van or have it at some physician's place. He requested City Manager Cheney to check into it. Peace Day - September .7, 1982 The above Proclamation was read by Mayor Trauger. Florida Water and Pollution Control Operator~ Association Wee'k August 30 through 'SePtember '3,' 19'82 · Mayor Trauger read the above Proclamation. MINUTES Regular City Council Meeting Minutes of Auqust 3, 1982 - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Councilman Wright moved, seconded by Councilman deLong to accept the minutes as presented. Motion carried 4-0 with Councilmember Woolley abstaining from voting as she did not attend the meeting of August 3, 1982. PUBLIC AUDIENCE Mayor Trauger announced that if anyone in the audience would like to speak on any item that is on the Agenda, to please give their names to Tereesa Padgett, CitY Clerk, and they will be called to speak when that item comes up on the Agenda. For any item that is not on the Agenda, Mayor Trauger said any citizens who would like to speak may come forward at this time and address the City Council and the audience. David Geller, Chairman of the South Lake Worth Inlet District, came forward. He hoped everyone was informed on the beach restoration program that they are going to have at Ocean Ridge because he did not think the City of Boynton Beach had been informed properly of what is going to take place in that area. Mr. Geller had a map which was drawn by Arthur V. Strock & Associ- ates, who did the surveying for the County. Mr. Geller advised that they want to use County funds, which will be matched by Federal funds, and these funds are coming from the taxpayers of Palm Beach County. In 1973, Mr. Geller said they put forth this survey at a cost of Five Million Dollars. Their intention is to rebuild the beach south of Boynton Inlet on 500 feet. Mr. Geller informed the Council that they want to take our 90 foot reef, which is very important to the fishing in this area, move the sand in on the beach, and destroy the 12 foot reef that the tourists in this area snorkel on all of the time. Mr. Geller said it is done from Boynton Inlet south to Briny Breezes. Mr. Geller continued by saying that it has been proven that the sand taken from the ocean bed is not comparable with the sand that lays on the beach at.the present time.' The sand that sits on the bottom of the ocean is silky and will wash out in a period of time. This project has been launched by Palm Beach County, Mr. Geller told the Council. They want to put this program through. Mr. Geller said they had a hearing back in February with an Arbitrator from Governor Graham's office. He found in favor of the County for renourishment of the beach project. Mr. Geller stated that they feel it is not needed if the pumping system on the north side of the inlet is in operation. He said the pumping system has been down for a period of eight months at a time which caused the erosion south of the inlet. Mr. Geller said they have been pressuring the County to get this unit in operation. At the presen~ time, they are supposed to spend - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 $280,000 to get the pump in actual operating condition so the sand can be transferred from the north side of the inlet to the south side of the inlet. Mr. Geller advised that is presently being done. He received a letter last night at'their Commission Meeting. Mr..Geller said the South Lake Worth Inlet District has been after them to get an earler date. Rather than the 15th of October, they wanted it moved up to the 1st of October because that is when tides move the sand around. Mr. Geller said they feel as thoUgh with the pump in operation, these monies will not have to be spent for the operation and construction of these bulkheads. Also, Mr. Geller pointed out that if taxpapers' money is used in these projects, ingress and egress has to be supplied for the tax- payers' dollars that are being used. Ocean Ridge has not come through. Mr. Geller corrected himself and said he would not blame Ocean Ridge. He said the County has not come through with a feasible plan where ingress and egress is going to be allowed through the wealthiest property in Ocean Ridge where the taxpayers can go and use it as a public 'beach because public funds are being used. Mr. Geller thought the Council knew that there is a big problem at the Inlet pavilion. They tried to put docks in there, and the people complained that there were no parking facilities. Mr. Geller informed the Council that the County included our parking in their facility of 130 cars; p~rk£n~'~a~ t~e p~op@~ed~i~n~a. ~-~ Count~.'~roperty t~a~ they own south of the inlet ~roperty, which %~sthe old Boynton Inlet docks, of "ee" cars; the City of Boynton Beach, at their 'beach property - 250 cars; East Ocean Avenue - 60 cars. Mr. Geller referred to a letter that came in the past month with this set of plans that they propose to have parking in the City of Boynton Beach and conduct a bus from Boynton Beach to Ocean Ridge to allow the people to park in Ocean Ridge and Boynton Beach and be transported by bus to Ocean Ridge, which Mr. Geller does not think Boynton Beach knew about. He said there are 468 parking spaces that do not belong to them that they designated as parking for the people to use as a public access to these beaches that they want to use public money for. Mr. Geller stated that the South Lake Worth Inlet District feels that the project is not worthy for the simple reason, as he said to begin with: It was a cost of Five Million Dollars back in 1973, and today that project is going to cost in excess of Fourteen Million Dollars. Mr. Geller said it will only last a period of three years, and it will wash out because the sands are not compatible with each other. Mr. Geller said the South Lake Worth Inlet District maintains that if the pump is used properly, the erosion will stop on the south side of the inlet. He thought Boynton Beach should know what is - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 proposed for their parking and the congestion it will bring to Boynton Beach. Vice Mayor Warnke added that about twenty years ago, he was on a Board called the Boynton Inlet Improvement Committee, and he thought at that time the same study was made by different engineers. Vice Mayor Warnke said Captain Wendall Hall may still have them in his files. He told Mr. Geller he may update those. Vice Mayor Warnke said they came up with the same conclusion that the sand and the currents are doing this and that. He felt it may relate to the study Mr. Geller's group made Mr. Geller stated that they made the study and they can also prove in black and white where the sands shift because our prevailing tides here are northern tides with the Gulfstream. With an extension of the beach out 500 feet for the prevailing current, Mr. Geller warned that the inlet will be plugged up here more than it will be open. The only other comment Vice Mayor Warnke would have would be the flow of currents along the shore flow southward. Any sand pumped up on your beach (as in Delray) would end up in Highland Beach or Boca. Vice Mayor Warnke repeated that he thought Mr. Geller should contact Captain Wendall Hall, who may have those old records. Mr. Geller said they have the records and went over them. He advised that their engineers, Gee & Jensen, have complete maps and how much of washout. Mr. Geller told the Council that all of this land that washed out washed out from McCormick Mile because McCormick Mile has been a filled property for years and years and years. He thought the Council would remember when they filled McCormick Mile. Mr. Geller said the people that are complaining there are in the dunes, and they spent money. One woman told him she spent $400,000 for a house in Ocean Ridge and now iH i~s washi~n~g out'. As far as Mr. Geller was concerned, Ocean Ridge should not have issued, the builder a permit to build on the dunes and they should have instructed and informed the woman that she was building in a high risk area, and she should know the risk that is taking place. Mr. Geller told the woman that now she wants the taxpayers to shore up her property with their tax dollars, and she spent $400,000 for a piece of property she should not have bought in the first place. Mayor Trauger asked Mr. Geller if there has been any period in the last several years where the sand transfer pump has operated consistently so that there is a measurable degree of flow. He asked if it has operated steadily for a month or two. Mr. Geller answered that you can see the decided difference. He said they have pictures, and he would bring the pictures if the Council- would like to see them. Mr. Geller informed the Council Members that they took the pictures to the hearing that Governor Graham held in West Palm Beach. He spent three days there, on his own time. Mr. Geller advised that they tried to prove their case, but the County beat them out on it. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 198~ Mr. Geller repeated that he felt Boynton Beach should know what the County plans for parking in this area. Councilman Wright asked if there was any action Mr. Geller wanted the Council to take or pursue or indicate to the County in terms of what he recommended. About a year or a half ago, City Manager believed the Council went on record as supporting the County beach restoration project. He said the Council may want to pull that out and rethink that. City Manager Cheney thought Mr. Geller would like for the Council to take a position in opposition to that. He advised that~Ocean Ridge, as a town, is in favor of this project. City Manager Cheney suggested that the Council may want to study it for awhile and see what happens. City Manager Cheney thought the parking figures proposed here are in order to meet the standards for Federal funds. He said you have to show that there is an existing amount of public parking and public access. It is not that the County plans to use our beach parking lot, City Manager Cheney continued; it's only that there is this much parking available. He was not aware until Mr. Geller called him this week that there was a proposed busing system. City Manager Cheney did not know anything about that or where it would come from. City Manager Cheney thought it was something they should study for awhile and return to it at some point. Councilman Wright moved that the Council look into the matters that Mr. Geller raised, together with the photographs, and the information City Manager Cheney has that the Council took action on some time ago (after City Manager Cheney and Staff look into it and give a recommendation so it can be on an Agenda for a future Council meeting). The motion was seconded by Councilmember Woolley. Vice Mayor Warnke went along with the motion but inform'ed the Council that they were looking into a twenty year study which is very, very detailed in depth. He said it cannot be put together · n a few pages. It is something that has been going on for years. Vice Mayor Warnke went along with the motion that the Council look into it. Mr. Geller stressed that the Boynton Inlet is very important to this area. He said the Council will find it will be very, very dangerous, and will plug that inlet. Mr. Geller has been fishing there for 22 years and knows the conditions that exist. If the renourishment program goes in, Mr. Geller predicted there will be dredges out there and signs, "Real Estate for Sale." A vote was taken on the motion, and the motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mayor Trauger asked if anyone else wished to speak. Tereesa Padgett, City Clerk, informed him that she had a call from Bryant Myers, saying he would like to speak. He was not in the audience. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 82-16 Re: Amendment to Appendix A, Section 8Ala - M-1 Industrial District (Postponed from 7/20/82 Meeting) Councilman deLong moved to postpone until the next regular meeting Ordinance No. 82-16, amending the M-1 zoning classification, due to the fact that this Ordinance is in need of revision. The motion was seconded by Councilmember Woolley, Mayor~Trauger noted that would mean it would be postponed until September 8th. Tereesa Padgett, City Clerk, advised that a feW people asked to speak. A vote was taken on the motion, and the motion carried 5-0. Mayor Trauger asked Mrs. Padgett if the people wished to speak right now or at that time (September 8th). Mrs. Padgett had a request from Bob Foot and Arnold Thompson. Since they had three minutes until the Public Hearing at 8:00 o'clock, Mayor Trauger asked if they would rather wait until that time so the Council could move ahead with the public hearing, o~.woutd they rather wait until September 8th. Mr. Foot-preferred to have the Chamber's position on record at this time. Councilman deLong asked Mr. Foot if he mean~ on the M-1. Mr. Foot replied, "Yes sir." Councilman deLong said the Council got it in the monthly bulletin .of the Chamber. He added that their P. A. C. (Political Action Committee) broadcasted it in their monthly bulletin. Mr. Foot requested to speak to the point. Mayor Trauger asked Mr. Foot if he could speak in two minutes because of the Public Hearing. Technically, for the record, since the matter has been postponed,- City Attorney Vance advised that it really Was not subject to additional discussion. Councilmember Woolley felt it would be more appropriate on September 8th. Councilman deLong stated that the order of business had been cleared insofar as the Ordinance is concerned. Mayor Trauger saw no harm in letting him speak at this particular moment. Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach, Florida said to make available their feelings to the staff as they complete the work, they (the Chamber of Commerce) is in favor of eliminating all of the permitted uses that have been proposed except for the millwork and lumber yards. The Chamber of Commerce supports the - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 revision to include millwork and lumber yards only if there is a 200 foot buffer between the building and the residential property line. Mr. Foot continued by saying Boynton Beach needs the economic base of this planned development, housing construction as a tax base for our community; needs business; and the Chamber has a definite feeling that if the community and citizens are to have normal taxes, they need the economic base for employment .as well as for accurate property taxes. Mr. Foot told the Council that the Chamber of Commerce urges the staff of the Council, as it considers this, to consider the adverse aspects that could arise if the M-1 zoning classification should exclude the industrial millwork operation. Vice Mayor Warnke moved to suspend with the regular order of the Agenda and start the Public Hearing at 8:00 o'clock. The motion was seconded by Councilman Wright and carried 5-0. PUBLIC HEARING - 8:00 P. M. - (Hearings A & B will be held concurrently) Applicant: Request: Location: Janet Knox Field, as Trustee, and Riteco Development Corp. ANNEXATION of 112.68 acre tract of land West side of North Congress Avenue between Boynton Canal and L.W.D.D. Canal, also included is a request prepared by Staff to annex the northern 1.25 miles of Congress Avenue lying south of Hypoluxo Road Applicant: Request: Location: Proposed Use: Janet Knox Field, as Trustee, and Riteco Development Corp. LAND USE AMENDMENT & REZONING - Amend Future Land Use Element from Palm Beach County .AG to High Density Residential P.U.D. West side of North Congress Avenue between Boynton Canal and L.W.D.D. Canal Lu21 Construction of 1260 Multi-family dwelling units in a garden apartment mode, plus lakes and private recreational facilities Councilman deLong wanted to find out from City Attorney Vance what the procedure will be. He pointed out that they had two different items and asked if they were going to vote on the annexation first; the rezoning item second; and thirdly, the instructions to the City Attorney insofar as the documentation is concerned. Council- man deLong questioned whether that was the order they were going to follow. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, F.LORIDA AUGUST 17, 1982 In answer to Councilman deLong's question, City Attorney Vance said the two items A & B and C & D would be heard together because it is practically impossible to consider one without considering the other. He added that it was a mechanical impossibility. At the conclusion of the public hearing, City Attorney Vance advised that if the City Council sees fit to proceed'with the annexation, an appropriate motion would be a motion directing that the annexation procedure proceed and that the City Attorney's office be directed to prepare the appropriate ordinances and resolutions needed to implement the annexation. In that particular motion, Councilman deLong asked City Attorney Vance if he also wanted items 1, 2, 3 and 4. City Attorney Vance wanted two motions. He advised that the first motion should relate to items A & B. Assuming the City Council is positive with respect to the annexation, City Attorney Vance said the motion would indicate that the City Council is directing the City Attorney and staff to proceed with the next steps in the annexation procedure and direct his office to prepare the appropriate ordinances and resolutions. Councilman deLong questioned whether City Attorney VanCe wanted those itemized as in the information the Council received. City Attorney Vance replied, ',No." City Attorney Vance stated he would like the second motion to the same effect in relation to items C & D, which were again one annexa- tion but two separate items (~he consideration of annexation and the land use amendment and rezoning). The next question Councilman deLong had was that insofar as not having anything definitive insofar as the type of zoning or the type of occupancy here, it has been called to the Council's attention by the Planning and Zoning Board that this recommendation brings to the Council's attention the fact that this project will be developed as a rental project or a condominium project, and he asked City Attorney Vance if he saw a problem ~there. City Attorney Vance replied, "No sir, not with the zoning that will be involved." In addition, for the Council's benefit, City Attorney Vance said the Council will eventually get a "second shot" at this inasmuch as actual ordinances, approving the annexation, and approving the rezoning will come before them for a subsequent vote. Mr. Carmen Annunziato, City Planner, informed the Council that the applications before them were of three kinds: an application to annex a certain parcel of land into the City of Boynton Beach with a request to amend the Future Land Use Element to the Comprehensive Plan by the addition of this certain tract of land to the City Comprehensive Plan; and a request to rezone the property into a development mode. He said the applicant in this regard is Riteco and Janet Knox Field, and the request concerning the annexation is to annex a 112 acre tract of land bordered on the south by Boynton Canal, on the north by Canal 21, on the east by Congress Avenue, and on the west by Sand and Sea. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Annunziato said in terms of location, that the property is bisected in approximately 2/3rds. 1/3rd is by N. W. 22nd Avenue as it projects west of Congress. Concerning City add-ons to the description of the property, Mr. Annunziato told the Council that they have added on the description for that part of Canal 21 adjacent to the tract and that part of the Boynton Canal adjacent to the tract as ~ell as the rights-of-way to Congress, which have previously been dedicated to the County. Mayor Tr~auger asked what is directly behind, on 22nd. Mr. Annunziato answered, "Sand and Sea. Sunny South Estates." In addition, by description, Mr. Annunziato further informed the Council they have added on the north approximately 1-1/4 miles of Congress Avenue, which is bordered on both sides by the City and had never previously been annexed into the City. Mr. Annunziato said they envisioned some severe police problems (for example, had their been an accident at the intersection of the Boynton Lakes development and Congress) as to who would be called. Mr. Annunziato explained that this was sort of a housekeeping measure that they use with the conveyance of the annexation. Mr. Annunziato continued by saying the acreage is 112.68 acres, and the current status of the land i~'it~bei~gld~ck~d. For those who are familiar with the site, Mr. Annunziato advised that it is across the street from Motorola, and they will know that there is a large scale of demucking operation going on, which is not un- usual for land similarly located with respect to Congress in Boynton Beach. Mr. Annunziato said they have seen it several times with Cranbrook Lake Estates, High Point, and Quail Lake West. He advised_that the removal of the muck becomes a necessity prior to development. Mr. Annunziato stated that the annexation was reviewed with respect to the Comprehensive Plan Policies for annexation, and there are three of them: Contiguity, cost benefit, and size. Concerning contiguity, Mr. Annunziato informed the Council that the applicant's proposed annexation is contiguous to the City along its entire eastern boundary and a portion of its southern boundary by the annexation of First American Bank's tract. Concerning cost benefit analysis, Mr. Annunzia~o said they have found there is a positive relationship between cost and benefits of annexation to taxes. He provided in the Council Member's Agenda packet an explanation, as best as he could at this point, to show what this annexation means to the various departments (what it means in terms of curren~ tax rate and millag~ ' Again concerning size, 112.68 acres makes this tract a reasonably sized parcel of land to serve for municipal purposes, Mr~ Annunziato informed the Council. - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 With respect to the proper land use classification, Mr. Annunziato reminded the Council that they are subject to the Palm Beach County Land Use Plan as it applies to annexations for a period of two years at which the City cannot increase or decrease the density shown on the County's Comprehensive Plan. The property is so situated within the County's Comprehensive Plan to permit up to a maximum of 16 dwelling units per acre. Mr. Annunziato said the proposal is to develop it at approximately 11.2 units per acre. He said this is high density within the scope of the City's ordinances. The reason for high density, Mr. Annunziato thought, could be explained when you look at the surrounding proposed or existing land uses. To the south, Mr. Annunziato informed the Council, they have the 1.2 million square foot DeBartolo Mall plus the First American Bank site. To the south and east, there is an undeveloped tract of land which is currently land planned for 7.26 units per acre. To the east, south of N. W. 22nd Avenue, is Motorola. North of N. W. 22nd Avenue, to the east, is a 20 acre tract of commercial property. To the northeast is the Dos Lagos PUD wi~h garden apart- ments planned for the southwest quarter of the property. Mr. Annunziato said the Melear Tract remains the only u~known,- and they are beginning to have discussions with the owners of that property.. Mr. Annunziato commented that it will probably develop in a manner somewhat similar to a combination of Dos Lagos and this pro- posed development. Of course, to the west, Mr. Annunziato added, we have the Sand & Sea, Sunny South Estates trailer park. Mr. 'Annunziato said it appears that the request at high density residential classification is reasonable as given. He' said the intensity of the land use is surrounding the tract. Mr. Annunziato addressed the requested zoning, which is a Planned Unit Development with a land use intensity of 5. Mr. Annunziato said the proposal provides for the construction of 1,260 multi- family units -in'~ a four story ~mo3de~ plus 2 acres of commercial located across, intersectionwise, from the northernmost entrance to Motorola. Concerning land uses, Mr. Annunziato informed the Council that approximately 66% or approximately 75 acres are devoted to residential land use. 2/10ths of 1%, or 2 acres are devoted to commercial uses, and approximately 23% of the site is devoted to lakes, Mr. Annunziato further advised. He said the major lake is in the southern two-thirds of the property. Mr. Annunziat0 pointed out that this is characteristic of the kind of development that is found in the muck stream. When you are removing 600,000 cubic yards of muck, Mr. Annunziato said you will find that large lakes appear. Mr. Annunziato continued by saying 9.4% of the land is in recrea- tional use (10.6 acres). Concerning the recreational features, Mr. Annunziato said there is proposed to be a clubhouse and an administrative facility in connection with this private recreation. That will be 20,000 square feet. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Throughout the development, Mr. Annunziato told the Council there are seven bath houses, eight swimming pools and decks, 14 racquet ball courts~, one developed picnic area, and.the lake for sailing, rowing and fishing. Concerning consistency with the subdivision regulations for Recreation and Parks dedicati°n purposes, Mr. Annunziato said the developer would have been required to dedicate 18.9 acres of land based on the units provided. Given the fact that the recreation amenity provided would meet the subdivision regulation's criteria for granting half credit, the reduction would be ~o3 9.45 acres, Mr. Annunziato informed the Council. He told the'Members if they they have read the Petition for Voluntary Annexation, they will find that the developer has offered several opportunities to the City to turn that 9.45 acres of land dedication into land, dollar for dollarwise at Rolling Green Ridge Park, or into dollars. Concerning master plan issues, Mr.. Annunziato stated that there is first of all a consistency with the PUD zoning regulations and the subdivision regulations. Mr. Annunziato reported to the Council that this proposal is consistent with both. Mr. Annunziato advised the Council that it is recommended that the master plan be approved, sUbject to staff comments, which were submitted with the agenda material, and are as follows: Engineering Dept. "I have no negative c~-~nts. The agreement for four laning (Tom Clark, Congress between Lateral Canals 20 and 21 is, in my opinion, City Engineer) an appropriate cc~mi~ent for the impact this project will have on the traffic situation." Asst. City Planner: (Tim Cannon) "Need to show bike path on N. W. 22nd Ave." Utilities: (Perry A. Cessna, Director) See Memo attached and made a part hereof, as pages 13 and 14. Fire Dept. (William D. Cavanaugh, Fire Inspector) "Re size; loop water lines to eliminate dead ends and-pro- vide adequate flow for fire standpipe syst~s. Fire hydrant location shall ~onform to City Subdivision Ordinance, Section XVI, with due consideration given for building height. Free standing Fire Department connections and fire hydrants shall be located a minimum of fifty feet from buildings and shall be protected from physical damage." Engineering Dept. (Tc~ Clark, City Engineer) See Memo attached and made a part hereof~_ as page 15. - 12 - M EM ORA~DUM TO: Mr. Ca~en Annunziato, City Planner July 24, 1982 RE: Congress Lakes The fo!lowing~e comments on the master plan-~ater and sewer. On both water and sewer plans, they have reCreation'areas show~ that will and sewer facilities and dQ. nOlt show any method of serving these sites. WATER: 1. Wa~te~ lines have been re-sized and~re-routedl to eliminate as many dead end lines as pos~ible. 2. Valves have been added. 3. The p!.ans do not show the existing.'IO"'water !ineserving Sunny South.. This water line is on theno~rth side of N.W.22n.d Avenue. We have ~nown two (2) separate set taps ontoJ this line, in addition, to th~ change taps on the 16" line on Congress Aven~e. 4. Meter !ocati~ns must be at the right of way line or easement. 5. Fire h~vdrant locations may be required to be changed by the Fire Department ~.~to provide SEWER: 1. Lift station site must be 30' x 3~'~ fenced and deeded to' the City with a Warranty Deed.. ~ The 12" force main serving the north section shOUlld be re-located on the south side of N. W. 22nd A~enue wkere there is an eEisting 10" line for a 10" fOrce main. This will prevent a conflict with~ the existing 10" water line on the north side of N. W~ 22nd'Ave. 3. In both sections, they show some manholes in the dividers. These must be located so they are accessible for sewer cleanin~ equipment. 4. The drawings indicate that parkin~ areas are drained~to the Canter of the road i~ the same location.as the sewer ~rawity lines. One or the other, must be moved to prevent-i~nfiltration~t~0ugh thC'man- holes during storms. 5. No sewer gravity line shall be longer than ~00~. 6. The gravity line connecting the sou~th section to the north, crossing N. W. 22nd Avenue shall be ductile iron pipe~, potytined, between manholes. Page 1 of 2 Pages - 13 - Memorandum To: Mr. Carmen Annunziato, C. P. Re: Congress Lakes July 26, 1982 Bedding of the gravity lines shall be such as to prevent any settlement vertically or shifting horizontally. Compaction shall meet City standards, which is 95% of T-180 Proctor.- The City will require TV inspection for acceptance and reinspec- tion after 1-year at the developer's expense° apt Director of Utilities Page 2 of 2 Pages - 14 - M E M O R A~N D U M August 4, 1982 TO: Planning Department FROM: Tom Clark,.City Engineer Re: Site Plans for Congress Lakes The subject site plans include construction that will require the removal of 600,000 cubic yards of muck from the site. It is my understanding that 100,000 cubic yards has already been removed from the site. Surety consisting of a $100,000 letter of credit was posted to the County for half of the work and would be "rolled over" to comp!et~ the last half. I recommend that the surety along with the commitments for restoration be transferred to the City. I also,.recommend-that consideration be given as. to whether an additional building permit fee should be applied to the exca- vation operation as per our current Excavation and Fill Ordi- nance. Tom Clark TAC: mb Bud Howell - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Annunziato continued by saying the Planning and Zoning Board reviewed both of these issues, the Annexation and the Land Use Amendment and Rezoning, and forwarded it to the Council with positive recommendations with regard to both issues. Concerning the annexation, the Planning and Zoning Board recommended approval, noting the consistency with the City Comprehensive Plan policies and also the agreement by the petitioner to the stipulations in the Petition for Voluntary Annexation. Concerning the Land Use Amendment and Rezoning, Mr. Annunziato advised that the Planning and Zoning Board recommended that the plans be approved subject to staff comments and also noting the response that the applicant madeand~s_Co~nc~_ deLong pointed out to the attention of the Council that the proposed-?~development can go either as a condominium or as a rental project. From a zoning point of view, there would be no difference. In looking it over, Mayor Trauger thought it was very high density in this area, and asked if it was the same Field that was with Field & Riley that developed the area along Seacrest and the famous Bristol Springs disposal plant with which the City is still having problems. Mr. Annunziato replied that it is the same Field but he-did not know about the connection with Bristol Springs. City Manager Cheney informed Mayor Trauger that they were not involved with Bristol springs. They were involved in the old City sewer plant but not Bristol Springs. From the point of view of the problems that the City has had on housing in the City, Mayor Trauger implored the staff to take a very tight look at this or 15 years down the road again, they will have developed instant slum. City Manager Cheney commented that the City's standards and control for some of the things they talked about last night at the Budget Session are significantly different than they were twenty years ago. Mayor Trauger admitted that but added that some developers develop and still, to the American free enterprize system, some may call it greed. He wanted to protect the City from another future thing 15 years from the pike, which they see in the northern area. Councilman Wright referred to provisions for additional patrolmen and support personnel, as shown on the reports, from the various departments, and asked Mr. Annunziato to explain "Amounts not specified." Mr. Annunziato tried to explain, to the best of his ability, that the City knows, for example, .that additions to population require additions to practically all City staffs. Mr. Annunziato thought what the Police Department was trying to point out to the Council is that there is a relationship of whether it is a combination of this development plus Dos Lagos that means the need to create another zone or add another police car, at this point, they would not be able to report to the Council. Mr. Annunziato thought the Police Department and some of the other departments felt it was important to bring to the attention of Council the fact that there are these incremental additions to the - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 jobs that staff has to do. At some point, whether halfway through this development or commencing with the next development, Mr. Annunziato advised that the Council can expect to find some additions with the project. He said at this point, it cannot be q~a~tified. Councilman deLong pointed out that evidently this will be all public streets and maintained by the City. He requested Mr. Annunziato to show the Council the amount. Mr. Annunziato told Members of Council that the proposal is to construct and dedicate the major access to this pro~ect (construct to City stahdards and then'dedicate to the City these roads). Councilman deLong requested Mr. Annunziato to show the Council as they did at the Planning and Zoning Board meeting. Mr. Annunziato showed the northern 1/3 and said that at the south there was an entrance at N. W. 22nd Avenue and an entrance from Congress with a loop primarily going around the lake. Councilman deLong called attention to a breakdown the City Manager provided them with as to what the cost is going to be to the City in added services into the future also, fire stations, etc., additional patrolmen, and he thought the total tax projected year is $251,487.86. When Councilman deLong came to the list that Mr. Annunziato provided the Council, he found out that about 50/50 or maybe more than half, there is no amount of money there, but the ~amount of money that he did add up was $681,070. He asked where the City figured to recoup, and if it was in the long range. City Manager Cheney was not familiar with Councilman deLong's figure of $681,070. Councilman deLong took it from City Manager's statements, "employees .... $19,353, fire & rescue operations $107,862." City Manager Cheney saw what Councilman deLong had done. He commented that the City is in the beginning because the Comprehensive Plan requires it to develop this "cost benefit analysis" of annexation'. City Manager Cheney explained that the City is just in the beginning, and they have to become more sophisticated as to how they handle it because ~cost benefit is not the only measure for annexation. There are also costs that they have to face if they do not annex. He gave unused sewer capacity that the City already put in as a part of their capital plan. If there is no return on that, City Manager Cheney said that is a cost. City Manager Cheney continued by saying there are some complicated, sophisticated things you have to look at. He said Councilman deLong looked at one item there of $107,000 fire and rescue operations. City Manager Cheney stated the City has to pin that down more as to what that $107,000 will cover in-tOtal. As Mr. Annunziato said, City Manager Cheney continued, just adding this one project by itself might not cause anything. Adding several projects on Congress Avenue will begin to cause more. City Manager Cheney said the City has not gotten enough sophistication in their process to specifi- cally answer that question yet. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 CiHy Manager Cheney noted that they alluded a little bit'to it, that is, the annual tax benefit is indicated in there. He asked the amount. Councilman Wright and Councilman deLong replied $251,487. City Manager Cheney advised that would be an annual thing every year, whereas, a cost for a new fire station is a one time cost with minimum operati0~. He said they have not projected those kinds of things through yet, but they had to do that. That was Councilman deLong's statement. It seemed as though the expenditures on some of these things that he recognized is long range planning also. It is not immediate. He could underStand that. Councilman deLong's statement was that it is going to cost "X" number of dollars now, which far exceeds the money that you would get in, and in the long run you would recoup it. He asked if they remembered him saying that. City Manager Cheney said that was right bUt he just could not tell Councilman deLong that specifically now. From the point of view of Florida's general statistics in this nature, Mayor Trauger said an annexation procedure wh~re you bring in a group that are already established but the City has to take over, the pay off actually costs the City in the neighborhood of 7-1/2 to 9 years to come out even with the increase of the taxes they pay in. Although. this is unoccupied at the present time, when it starts to build, Mayor Trauger saw no difference in the economic analysis that this is an impact that will take about this time to come out. Councilman deLong had the experience of a number of annexes, particularly dOwn here, and this is not the first one, because they annexed in Boca Raton. What Councilman deLong was trying to point out, the way you look at this, i~.has to .be explained so everybody will understand just exactly that you are in the red for a certain period of time but eventually you recoup,it. Mayor Trauger noted that it merely said gross costs currently. Councilman deLong was concerned about the streets up there. He called attention to the fact that the City will have a lot of streets to take care of and a lot of streets to maintain. He said it had to be definitely agreed on when they go up there t6 put the streets in. Councilman deLong said the streets should be up to standard and not the usual development specifications~for roads. Councilman deLong pointed out that they want the City's specifica- tions and they have to be adhered to. He said there are two grades of streets - the City's streets and the development streets. Mayor Trauger asked if there was any knowledge of the control internally when this is completed and occupied. He wondered if it was going to be a condominium association or any kind of a similar group or all independent people acting on their own. Mr. Annunziato answered that the applicant has indicated the development will be one of two sorts, either rental or condominium, or perhaps some conbination of the two. In either circumstance, Mr. Annunziato - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 said you are going to have some control. If it is condominium, Mr. Annunziato advised it will be a condominium association which will only maintain common property and be responsible for their o~n maintenance. If it is a rental project then, because of the size of it, the applicant would have to have on site a management team. He could not imagine having 1260 units without some type of on-site management that the thing would run at all. Mr. Annunziato offered one point of clarification. When he computed the tax rate, it was based on an evaluation of $30,000 a unit. He took that from comparables right off of the tax roll. If this were to be a condo- minium, Mr. Annunziato said that figure would have to be deflated somewhat for homestead exemptions. Mr. Annunziato advised that his figures were based primarily on this being developed as a rental because that is how it has been presented to the staff up until just recently. Councilman Wright thought that some of those units would have to be just for rent because of the clientele. Mr. Annunziato agreed that the market is there, and certainly the job opportunities are there with the Mall and Motorola. He said it would.seem to lend itself to that kind of development. City Manager Cheney referred to Mr. Annunziato's last comment that if they were condominiums and said he suspected that if there were condominium units there, they would be worth at least $50,000 or $60.000 and if you subtract the homestead from that you would still have $30,000. Mr. Cheney thought Mr. Annunziato's figures were reasonable whether it is condominium or rental. He felt it ~would probably be lower if it was rental. Mayor Trauger expressed concern that with a great rental unit like this, it would be another Chelsea Picket or something like that. City Manager Cheney doubted that on land like this. He said that depended in part on who actually does the developing. The current owners may sell it or they may develop it. That is something City Manager Cheney said they do not know. Mayor Trauger remarked, "That is the risk you take." City Manager Cheney said they still would not get Chelsea Picket again at this day and age in private development on Congress Avenue, as the dollar is not there. Mayor Trauger asked if anyone in the audience wished to speak on behalf of the request. Thomas A. Sheehan, III, Esq., of the law firm~of Moyle, Jones & Flanigan, 707 North Flagler Drive, West Palm Beach, stated he was here, representing the applicant. Attorney Sheehan really had nothing to add, as he thought Mr. Annunziato did a good presenta- tion. Attorney Sheehan introduced Mr. Wade Riley and Mr. Nate Adams, representing Riteco Development; Mr. Detfin Menendez, Planner on the project; and Mr. Rick Rossi, the Engineer. Attorney Sheehan said he would be happy to answer any questions. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 The only question Vice Mayor Warnke had was whether i% would be primarily rental or "for sale" in their projection at this point. Attorney Sheehan thought they were basically looking at rentals. Simply because of the market conditions, he said they were not able to pin point exactly'what it is going to be, but that is what they are looking at. The projections (as Mr. Annunziato pointed out) has been that~ ~Mr. Sheehan guessed it has been nine months or a year that they have been working with staff on this. He said he could tell the Council that "they have held their feet to the fire on these things." Mayor Trauger asked if there were any questions of Attorney Sheehan or if anyone else wished to speak in favor of the project. There was no response. Mayor Trauger asked if anyone else in the audience wished to speak in opposition to the project. There was no response. Councilman deLong moved to accept the recommendations of the Planning and Zoning Board both on the annexation and the rezoning and to instruct the City Attorney to prepare the following documents_at the appropriate time: An Ordinance amending the Future Land Use Elements of the Comprehensive Plan. 2. An Ordinance annexing the applicant's property. 3. An Ordinance rezoning the applicant's property. A Resolution to be forwarded to the County Commission requesting concurrence with the annexation. He said that is what is called for under the regUlations. ~uncil- member Woolley secOnded tha mQtion¥ whi~hwas_~than repeated b~ Mayor Trauger. !~ayor Trauger asked Attorney Vance, "Does that got it ail in it?" City Attorney Vance replied that it did. At the request of Mayor Trauger, Tereesa Padgett, City Clerk, took a roll call vote on the motion: Vice Mayor Warnke - Aye Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. - (Hearings C & D will be held concurrently) C. Applicant: William E. Benjamin, II and Point Manalapan Dewelopment Corp. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Request: Location: ANNEXATION of 65.80 acre tract of land Between High Ridge Road & Interstate 95 approxi- mately one mile south of Hypoluxo Road, together with adjoining Seaboard Airline Railway and Interstate 95 rights-of-way Dm Applicant: Request: Location: Proposed Use: William E. Benjamin, II and Point Manalapan Development Corp. LAND USE AMENDMENT & REZONING - Amend Future Land Use Element from Palm Beach County RS to Industria- for PID and Low Density Residential for PUD NE corner of the intersection of High Ridge Road and Miner Road Construction of 152 multi-family units and 45 single family units, plus recreational amenities on 40.8 acres, and for a 25 acre Planned Industrial Development Carmen.Annunziato, City Planner, said this presentation would be somewhat similar to the last one but the location and proposals are different. Again, Mr. Annunziato stated that this is a threefold request of the Council: (1) to annex a tract of land; (2) to modify %he City Comprehensive Plan by the addition of real property to the effects of the Comprehensive Plan; and (3) to rezone the applicant's property consistent with the County's Comprehensive Plan. In this instance, Carmen Annunziato informed the Council that the applicant is the Point Manalapan Development Corporation and William E. Benjamin. The request is to annex a 65.8 acre tract of land into the City of Boynton Beach. Mr. Annunziato said the property is bordered on the east by the Seaboard Airline Railroad, on the north by Lake Worth Christian School on High Ridge Road, on the west by High Ridge Road plus a small out parcel which is developed as a single family home, and on the south by the Rollyson Warehouse, some vacant property and Florida Pneumatic. Concerning additions, Mr. ~nnunziato told the Council the City has again added some intervening rights-of-way into the description, providing for the annexation of 1-95 and the Seaboard Airline .Rail- road not only adjacent to the applicant's property but what existed as a pocket within the City lying south of Miner Road extended. He showed the location, which was the piece in the darkened area of the overlay. As he mentioned, Mr. Annunziato said the acreage is 65.8 acres. The current status: The southern 1/3 of the property is approxi- mately at grade sand, vacant, and undeveloped. The approximate northern 2/3rds of the property was a mango orchard and an avocado orchard that is no longer being farmed, and it is somewhat derelict, Mr. Annunziato informed the Council. In regard to the orchard status, Mr. Annunziato said they could classify it as more or less - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 vacant and undeveloped. Concerning consistency with the Boynton Beach Comprehensive Plan annexation po~licies, again Mr. Annunziato pointed out there are three: the contiguity, the cost benefit, and the size. Concerning contiguity, Mr. Annunziato said the proposal is contiguous to the city along the entire southern boundary and via the annexation of the intervening rights-of-way, it would be contiguous by definition with this portion of the City, being Pine Point Villas and developments on the west side of Seacrest north of Miner Road. With regard to the cost benefit analysis, again Mr. Annunziato said they went through exercise trying to relate this proposal to comparable currently developed in the City. Mr. Annunziato informed the Council that an analysis was provided to them, which they received in their packet. Concerning sufficient size, of course, Mr. Annunziato c0.ntinued, 65.8 acres is a reasonably sized tract of land which could be served efficiently with urban services. M~. Annunziato thought the primary issue of annexation would be the extension of High Ridge Road. He reminded the Council that all of us have labored under lack of High Ridge Road for many years. It has been a problem for the City's. life and health safety officers, and the Council has seen this ~in the form of recommendations over the years concerning the development of the Rollyson warehouse, specifically, and then on the master plan for South Palm Beach Commerce Park. Mr. Annunziato told the Council that James Trindade, one of the associates of the South Palm Beach Commerce Park, just 'spoke to him a few minutes ago. He asked the Council to recall that recently they approved an excavation and a fill request. One of the requirements placed on the developer at that time was to construct High Ridge Road from where it currently terminates south to N. W. 22nd Avenue and to provide a letter of credit to demonstrate that that development would be constructed. Mr. Trindade informed Mr. Annunziato that today, he received a letter of credit from the bank and will be coming to the City any day now. Mr. Annunziato informed the Council that this developer is also being charged with the construction of High Ridge Road from Miner Road south to N. W. 22nd Avenue, as well as intersection improve- ments to Hypoluxo and High Ridge~and turn lane improvements at the entrance of the private development driveways, and also traffic signalization at High Ridge Road and Hypoluxo Road. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Concerning the Future Land Use Amendment, again Mr. Annunziato said the City labors under the Palm Beach County Comprehensive Plan, and this haS been an item of interest from the planning viewpoint because the County has approved a zoning ordinance providing for a planned industrial park development. What this proposal is is a mixed use development which~provides for job related functions plus residential opportunities in close proximity to.each other. The PIPD (planned industrial park development) under County circum- stances would be one zoning classification, Mr. Annunziato advised. He said the City has no one zoning classification that provides for that mixed use. However, the City has two. zoning classifi- cations which lend themselves to that kind of development. In fact, Mr. Annunziato said the City did request that the CoUnty Planning~ Director review this proposal for consistency with the County Comprehenisve Plan, and he has reported that this proposal is consistent based, of course, on consent by the Palm Beach County Commission. Mr. Annunziato advised that the proposed Boynton Beach classifi- cations would be for the southern 25 acres, which is being proposed to be developed as a planned indUstrial development, to be industrial and the northern 40.8-acres would be low density residential. Mr. Annunziato continued by saying that the land uses are appropriate when viewed, consistent with the surrounding land uses. He referred to his mentioning several times the industrial development which lies to the south of Miner Road extended. The PID (planned industrial development), as Mr. Annunziato pointed out, is sort of a high grade zoning classification with required buffers and required land development criteria and, of course, the Council would have to approve any land use which would be located in the Planned Industrial Development. Mr. Annunziato advised that the residential development, even though it is low density (4.8 units per acre), will provide for multi-family residential uses adjacent to the Planned Industrial Development; and then,, as you go north, it ~will provide for a large lot, single family subdivision which will border the Lake Worth Christian School. In effect, what the applicant has done is to accommodate the land use conflict which currently exists in this area on his own property, Mr. Annunziato informed the Council. In order to develop this property for residential and industrial, Mr. Annunziato said the applicant had to accommodate the industrial to the south and the estate residential which exists in some portions of the land along High Ridge Road to the north and to the west. Mr. Annunziato put another overlay on and again mentioned that the proposed zoning is of two sorts: (1)~ Planned Industrial Development and (2) Planned Unit Development with more than 55 to 60% of the propeitty_. Mr. Annunziato informed everyone that the Planned Industrial Development is a proposal to develop 25 acres into 20 lots served by an entrance road with a cul-de-sac. There are - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 required buffers as a result of the PID with 40 feet adjacent to the residential property and 25 feet on the east and south, 40 feet being that the required buffer on the west is across the street from an estate developed residential property, Mr. Annunziato continued. Mr. Annunziato said two rights-of-way are dedicated as a result of this planned industrial development: (1) a required right-of- way from Miner Road between High Ridge Road and the Seaboard Airline Railroad; and (2) an additional 15 feet for High Ridge Road, which will bring it to within a proper 1/2 section for a collector road consistent with the City's subdivision regula- tions. Mr. Annunziato informed the Council that the Planned Unit Development provides for 197 units, 45 units being single family detached, and the remainder being multi-family, with land uses of which 47.4% are devoted to single family uses or approximately 20 acres. 40.2% are devoted to multi-family uses, or approximately 17 acres, and 12.4% of the site are devoted to rights-of-way which would be proposed to be public and built consistent with the City of Boynton Beach subdivision regulations. Concerning recreation on site, Mr. Annunziato said the developer is proposing to construct a 1300 square foot meeting room, turf play fields, a jogging trail which he said continued on the appendage to the north, a picnic area, children's play apparatus, a preserved quiet area (where there is a nice tree feature) and bike paths along High Ridge Road. The remainder of the parks and recreation commitment is proposed to be turned into dollars based on appraisal, and Mr. Annunziato said that would be based on 1.56 acres. Concerning the master plan, Mr. Annunziato reported that it is consistent with the planning and develop±ng regulations except 'that the developer is requesting a modification to the zoning, which is permitted based on Council approval, to be permitted to construct a roofed over parking structure adjacent to the planned industrial development. Mr. Annunziato pointed out that this proposal is utilitarian in that if you look at conceptual carport design, there is a 6 foot w~l~ requirement of the industrial development. What the residential property developer is proposing would be to just gather an additional 2 foot appendage to the wall and to roof over and form a carport. Mr. Annunziato advised that this is a structure that would not be permitted in the site setback under normal zoning circumstances. Because this is a PUD, Mr. Annunziato said the Council can adjust the zoning to. permit a particular request. He thought this was a reasonable request, given the fact that the developer is going to be responsible for constructing a a six foot wall under any circumstances. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Annunziato reported that staff has recommended approval of the zoning and master plan subject to some staff comments which came to the Council and the response of those comments, which came in the form of a letter from the developer's representative to Tim Cannon, Assistant City Planner. Concerning the Planning and Zoning Board's action, Mr. Annunziato informed the Council that public hearings were held on both the annexation and the land use amendment and rezoning. In each instance the Planning and Zbning Board has recommended approval. On the annexation motion, the Board brought to the Council's attention that this request is consistent with the Comprehensive Plan's policies and noted that the developer has stipulated to the agreement in the Petition for Voluntary Annexation that the Council received a copy of. Concerning the Land Use Amendment and Rezoning, the Planning and Zoning Board recommended that this be approwed subject to staff comments, also noting the response from the applicant. In this instance and in prior instances, Mr. Annunziato felt that the developers have agreed to staff comments. The staff comments are as followS: Utilities Dept. See Memorandum attached hereto and made a part hereof, as page 26. Planning Dept. (Timothy P. Cannon, Asst. City Planner) "Re: Master Plan, Cedar Ridge Estates P.U.D. High Ridge ~o~merce Park - P.I.D. 1. Need to show all existing utilities and eas~nents on and adjacent to tract. 2. Need documents showing unified control; agreements with city for con~pletion of development according to plan and restrictive oovenants with regard to same. 3. Need. statement as to desirability of placing parking garages with setback (30') along south boundary of P.U.D. 4. Need Statements of coordination with utilities." Fire Dept.: (William D. Cavanaugh, Fire Inspector) "P~: High Ridge Commerce Park Water supply approved as shown. ' Fire hydrant location shall conform to City Subdivision Ordinance, Section XVI. Re: Cedar Ridqe Estates As shown, fire lin-s have too many dead end~. Consulta- tion with Perry Cessna, Utilities Director, and this office should alleviate this problem. Fire hydrant location shall conform to City SubdiviSion Ordinance, Section XVT." Urban Forester: See Memorandum attached hereto and made a part hereof (Page 27). - 25 - M~EM ORA N D UM July 26, 1982 TO: Mr. Carmen Annunziato, City Planner RE: Cedar Ridge Estates, P.U.D. and High Ridge Congress Pk.P.I.D. Following are my comments: e The water layout in the PUD :is such that you have numerous dead end lines which by consultation at. this office, 'with the engineer, could resolve these problems. The sewerage collection system with a gravity line running. approximately 800' in-between buildings and in grassed and landscaped recreation areas will present a very serious maintenance problem for the City. The reason being that to get sewer cleaning equipment into this area, would be almost impossible unless there was an actual road built through this area and I do not believe the planners would consider such an intrusion on the open area. Again, this requires some discussion with the engineers to re- solve the problems inherent in t~'eir design. We are returning the set of plans with this memo. Director of Ut~ities apt Att achments: "set of plans" - 26 - .MEMORANDUM Carmen Annunziato City Planner Kevin Hallahan Urban Forester °^*~ June 24, 1982 · u.J,~ Point Manalapan property I have inspected the tract of land designated above, making note of the area which was once a Mango orchard. The Trees, planted at~a fourteen foot (14') by fourteen foot (14') spacing, are in healthy condition, but not producing any fruit at this time. It appears that this orchard has not been managed for quite a few years. In accordance with the Tree Preservation Ordinance (#81-21) the developer should be aware of his responsibilities in the foll0wing: . section :7-A-5: obtain a tree permit from the building department, :. section 7-A-7d: provide a tree survey of the Mango area, section 7-A-12,13: work to remove as few trees as possbible and replace all trees which have to be removed~as part of the con- struction of roads and structures. If you have any additional question~ or need more information, let me know. I will_also work with the developer in preserving the trees where possible.//~~~'~~ ~vi KH;mpc n Hallahan ~ Urban Forester MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Engineering Dept. (Tom Clark, City Engineer) "Re: Master Plan Material, Cedar Ridge Estates P.U.D. and High Pc[dge C~rce Park P.I.D. I do not have any negative comments concerning the subject master plan. The co~mitr~ent for off-site road and traffic improvements appears to be appropriate based on the traffic survey. The drainage plans and calculations are comprehensive and show that flooding situations have b~en adequately addressed." A copy of the letter from Kenneth L. Groves, Point Manalapan, dated August 3, 1982, addressed to Timothy P. Cannon, Assistant City Planner, is attached hereto and made a part hereof as pages 29, 30 and 31. Councilman deLong noticed in the letter from Kenneth L. Groves to Mr. Cannon on page 3, paragraph 5, the last sentence: "We recognizethatthis is not inconformancewiththeexisting City codes concerning this it~, but certainly solicityourfavorableconsideration of our request." He asked if there was any waiver that was to be given by the City Council. Mr. Annunziato thought just the minutes would reflect a positive action on the Council's part if the Council were agreeable to do so. He said the Planned Unit Development regulations provide for modifications, and he thought that was a quote. Councilman deLong asked if this was an action that Council has taken. Mr. Annunziato replied, "Yes." That was what Councilman deLong wanted to know. Mayor Trauger asked if anyone in the audience wished to speak in favor of the request. Kenneth L. Groves, Vice President, Point Manalapan Development Corporation, P. O. Box 3198, Lantana, Florida 33462 introduced the President of Point Manalapan Development, William Benjamin. He also introduced their Attorney, William J. Hyland, Jr. of the law firm of Scott, Burk, Royce & Harris P.A., 450 Royal Palm Way, Palm Beach, Florida 33480. Mr. Groves said Attorney Hyland was the author of some rather comprehensive documents that hopefully will bind all of the successors in title to this property to the representations they have been making. He did not want to make a belabored presentation, as he thought Mr. Annunziato had done a sufficient job of that. Mr. Groves point out that they have been working with Mr. Annunziato for the better part of five years in attempting to find a transitional approach to the zoning problems which have abutted their south property line for quite a number of years. He thought they had solved that simply by using their own property as the industrial buffer against their own property. He said they have worked with the staff for a goodly number of months, and he thought they arrived at a fairly workable compromise for all parties concerned and solicited the Council's support of it. - 28 - P, O. Box 3198 Lantana, Fla, 3346:2 H~~ [ ~ ~~ ~ Telephone August 3, 1982 F~r. Timothy.-P. Cannon Assistant City P&anner City of Boynton Beach. P.O. Box 310 Boynton Beach, FL 33435 Date Time Re: Cedar Ridge Estates- P.U.D. - High.'Ridge Commerce Park. P.I.D. Dear' Tim: . --, In pursuance of your letter of July 29, 1982, my letter ~o you of the same date, and the discussions which took place at a meeting of the Boynton Beach Technical Review Board this.morning please qonsider the following items: 1.-In regards to the remarks 'from the Fire Inspector and the Director of Utilities, I believe each of their concerns was fully addressed and resolved at the meeting this morning by the modification of the water and sewer plans to reflect the following changes: a. A six inch water main will be installed to connect the south leg of the raulti-family water main to the eight inch water main presently Shown as running through the center of the P.I.D. b. The north leg of the mUlti-family and single family water main shall be increased from six inches to eight inches. c. At the eastern most or second from the eastern most cul-de-sac an easement shall be provided to permit the extension of the water main from the six inch leg to the fire hydrant in the cul-de-sac north to connect 'with a future water main to be constructed by the Lake Worth Christian High School. d. The gravity sewage collectiOn system which is presently shown running through the eastern portion of the multi- family area shall be modified such that man-holes shall be accessible from the north and south parking areas, linking a run not to exceed 400' with suitably lined ductile iron pipe together with a provision ~hat we shall agree to hold the City of Boynton Beach harmless - 29 - /2 Mr. Timothy P. Cannon City of Boynton Beach -2- August 3, 1982 in regard to damage that may occur during routine maintenance of the facilities. 2. With regards to the comments by Kevin ~allahan, Urban Forester, it appears to me that all his comments relate to those provisions which are specifica~Iy included in your ordinance 81-21, which I am sure you are~aware is your Tree' Preservation Ordinance. As I am aware of the existence of the ordinance and its appropriate regulations it is certainly our intent to comply with the ordinance at the appropriate time. 3. In regards to the discussion concerning the marking of existing easements on the survey, as I indicated at the meeting this morning our .principal problem stems fromthe fact that the existence of a Florida Power and Light Easement through' the eastern 100 Or so feet'of the is not specifically designated in terms of its exact location in the easement document. Pursuant to the discussion this morning we agreed to locate the structures and facilities as laid out and in p!~¢e on the survey to facilitate identification as well as pursue our original course of action which was and still is attempting to have Florida Power and Light appropriately identify the easement. I would hope to have this addition to the survey made at the earliest practical date. 4. In regards to your request concerningagreements with the City for completion of the development according to the plan, restrictivecovenants, and a Declaration of Condominium, please be advised that we are presently drawing up the necessary documents including Deed Restrictions for the single family residential area and~the planned industrial development, together with a Declaration of Condominium for the multi-family area all be tied together by a Property Owners Agreement amongst the several parties. In drafting these documents we shall take cognizance of your request that all development to take place within the bounds of the P.U.D. and the P.I.D. shall be in conformance to and compliance with all appropriate ~odes of the City of BDynton Beach, together with the.terms and conditions as~ agreed to between us and the City of Boynton Beack limiting the uses in both the P.U.D. and the P.I.D.~ As I indicated we are hopeful 6f having these documents completed within the next several days and will Certainly forward them onto you as soon as they become available. - 30 - /3 Mr. Timothy P. Canno~ ,~.City of Boynton Beach -3- August 3, 19.82 -5.~In regards to the parking garages, it is our feeling that due to the requirement in the zon{ng code for a separation wall between an industrial and residential area, it seemed appropriate to get the greatest use out of this particular structure which we possibly could. As it is myunderstanding that parking would be per--mitred within the 30' set-back area it seemed appropriate to simply improve the parking area from uncovered parking to covered parking by simply constructing a covered facility utilizing the 6~. buffering wall as a partial foundational structure. We recognize that this is not in conformance with the existing City codes concerning this item, but certainly solicit your favorable consideration of our request. 6. In regards to statements of coOrdination with utilities, please be advised that we have forwarded our site plan to Florida Power and Light, Southern Bell Telephone, and GrOup W Cable TV. Todate we have not received any word from those companies concerning their requirements for easements but certainly intend to fully cooperate, as ' is appropriate in this matter. I trust this adequately res~gnds to those items covered in your letter of July 29, 1982 with its enclosures, my response letter to you, and the items discussed by the Technical Review Board at this mornings meeting, but should you envision any additional problems I would appreciate your contacting me at your earliest convenience. Sincerely yours, ~enneth L. ,~Groves cc: Donald M. shepherd -Earle Megathlin William J. Hyland Winston Lee KLG:grb .- 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Vice Mayor Warnke asked Mr. Groves, "Why do you have a big sign up there, '50 acres for sale'?" In all honesty, Mr. Groves replied that quite some time ago when they entered what they considered the real estate recession, they put signs on just about every piece of property they owned. Frankly, Mr. Groves said he did not have the opportunity to go back there and take the sign down. Vice Mayor Warnke wondered about it, because he saw the sign today. Mayor Trauger asked if anyone else wished to speak in favor of the request. There was no response. He asked if anyone in the audience wished to speak in opposition to the request. Jane Forrester, 7648 High Ridge Road, Lantana, Florida 33462, told-the Council Members that this annexation and rezoning abuts their property on the south and the east. Mrs. Forrester said they were opposed to the annexation and rezoning of the property. One of their primary concerns was the sand mining, Mrs. Forrester informed the Council. They had previous experience with Point Manalapan Development and Mr. Benjamin. Traffic impact is another question that they have on their minds, Mrs. Forrester continued. Already, High Ridge Road is overloaded. Another question Mrs. Forrester wanted to know. She stated that the property was for sale as of 11:30 this morning. After the annexa- tion and rezoning (although the beautiful plan that was presented to them is lovely, it is just a plan), MrS. Forrester asked what the property can be used for after the rezoning to PUD. City Attorney Vance answered that because of the type of zoning that is requested (PUD zoning and PID zoning), without additional Council action, they can only build what is approved. He said they cannot significantly change what is approved, if it is approved as a PID and a PUD. What Mrs. Forrester was saying is their plan under PUD is beautiful but what else is possible to go there. She asked if they can build a condominium and if they have to put in single family housing. On the area that is indicated as single family housing, City Attorney Vance told Mrs. Forrester, "Yes, that is required to stay single family housing unless there is a subsequent rezoning." Regarding the sand mining because their property is in very close proximity to their property, Mrs. Forrester reiterated that they have had previous experience with them in the sand mining.- She said the Planning and Zoning Board told the property owners that the applicant could not haul sand off of this property, that it could be moved around in keeping with the existing other land areas. Mrs. Forrester informed the Council that the other land areas have been very flattened. Her home is the only. home that will remain on a hill. This was a primary concern to Mrs. Forreste~. She asked, "What's going to happen when that land around me is flattened and my house starts falling down? Who is responsible?" - 32 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Annunziato commented that Mrs. Forrester was absolutely correct. No sand can leave the site as a result of the City's Excavation and Fill Ordinance. The only time materials can leave the site is "when it is physically necessary to develop the land," Mr. Annunziato advised. He added that has been interpreted to mean that where you have some very detrimental and adverse conditions adjacent to your site, where you have no opportunity to level it or to move that material on site, but where you have material such asmuck that you have to~r~v~ in order to develop the site. Mr. Annunziato .said there is one potential problem with respect to this site. To the north of the site, the Lake Worth Christain School has excavated to a depth of approximately ten feet below the leading edge of the Point Manalapan property. He said it was at quite a steep angle. Mr. Annunziato did not know if either of the Members had an oppor- tunity to visit it, but he said it seems that the roofs of the Lake Worth Christian School are at a balance of grade on the hill in Point Manalapan's property. He did not think there was any ques- tion that there is going to have to be some adjustment in land on the northern property line in order to develop these single family lots. Mr. Annunziato advised that it does not mean that the applicant is going to be permitted to remove the entire dune'and pull it southward. Concerning the particular problem that'Mrs. Forrester mentioned, Mr. Annunziato was glad that she brought it to the attention of the staff. In connection with their preliminary plat documents where proposed grades will have to be submitted, this is something that the staff would have to be cognizant of, Mr. Annunziato advised, that any land changes proposed not adversely affect the Forresters. City Manager Cheney asked Mr. Cannon to point .out wher. e the Forresters live. Mr. Annunziato indicated what he believe~.was the property owned by Mr. and Mrs. Forrester. He said it was in the N. W. corner and forms an out parcel. Vice Mayor Warnke asked if there were two homes in there. Mrs. Forrester answered that there is just one. Mr. Annunziato said the school is directly 'to the north. He showed the leading edge that he just mentioned, which is somewhat steep. Mr. Annunziato said it was steep as a result of the mining activity of the Lake Worth Christian School at some time in the past. As he mentioned, Mr. Annunziato told Mrs. Forrester there will be some adjustments of land at the northern property line. City Manager Cheney added that Mr. Annunziato was suggesting that the plan to do that adjustment will have to be~adjusted to take in~o consideration the school, which already has lowered itself. It would also be adjusted to take into consideration Mrs. Forrester's property, which has not lowered itself, Mr. Cheney further said. Mr. Annunziato remarked, "There's no question of that.~ That's absolutely true." Mrs. Forrester hoped the Council would give it thought. - 33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mayor Trauger asked if anyone elSe wished to speak in opposition to the request. Mr. John P. Hess, Jr., 7075 High Ridge Road, Lantana, Florida 33462 requested Mr. Annunziato to put up .the site plan again. Mr. Hess spoke for the Greater South High Ridge Property Owners Association. Mr. Hess informed the Council that he haS lived on this road for twelve years, along with 70 other residents. Mr. Hess thought possibly Councilman deLong would be familiar with the history of this situation. Councilman deLong' sat ~on the CftY Council back in 1972 when this thing was brought up and they were subject to a real problem. Mr. Hess asked Mr. Annunziato .to put on the large plan. Back prior to 1972, and prior to the problem which they now face again, and also prior to the time that Mr. Benjamin purchased his property, Mr. Hess advised that it was ~all residential (the whole area and the whole road, including what is now the industrial park to the south of Hypoluxo Road). Mr. Hess continued by saying that Mr. Benjamin bought his property at that time, fully cognizant of the idea that it was going to be developed as residential thoroughly and completely~ Unfortunately, back in 1972, Mr. Hess said the City rezoned and simultaneously at the same time annexed the property and built the industrial park. Mr. Hess pointed out that the City has been subject to a real problem, not only from his group but also the City's own health, safety, and police protection, which has been a terrible problem for the City. He said Point Manalapan and Mr. Benjamin agreed to pay ~for and build a road to the south which will give the City access to that mistake, that misjudgment, that occurrance which hurt us all. Mr.~ Hess pointed out that would solve the City's problem. Also, Mr. Hess called attention to the fact that Mr. Benjamin asked for an additional portion of land to be also annexed again in an industrial PID plan, which would be subject to the normal regulations under PID. Mr~ Hess continued by saying that Mr. Benjamin has developed this thing on 20 different parcels, one acre apiece, and .under that PID subject to 17,000 square footage of industrial property per parcel times 20 gives 340,000 square feet of industrial development which is~ as he said before the Planning Board, 1/3 the size of the Palm Beach Mall. This also, under PID, would under ruling be subject to 35 parking places per unit or per parcel which is again 700 parking places, Mr. Hess advised. Mr. Hess said they were not too terribly threatned by this, but the continuation of High Ridge Road to the south to 22nd ~ve~e. and~ the development of Motorola to the south and west makes it become an automatic short cut and an automatic disaster for them. - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17~ 1982 Mr. Hess informed the Council that he has three children at Lake Worth Christian School, which borders this question as far as annexation. He noted that Mr. Annunziato mentioned the fact that grading had to be done and was done and questioned the situation as far as grading and leveling the property on Mrs. Forrester's question of the problem. Mr. Hess advised that this was done mainly to tier off this area and develop this area so that each level could be used for recreation - as a basketball court, a soccer field, and a baseball field. Mr. Hess informed the Council that it was just a hill before. Mr. Hess said the Greater South High Ridge Propety Owners Associa- tion would like the Council to really thoroughly and morally question in their own minds as they, again, are damaging them. Mr. Hess said they invested all of their livesf all of their money, and all of their property and all of their children's futures in all of their homes that were residential properties on a resi- dential road. They were told at the time they bought that this would be a residential community and even if there was an extension, it.would be a residential extension. Mr. Hess said this was done prior to ~he great bible of the County Use Program. Mr. Hess recalled that it'.was back in 1972 that it was agreed that the hiatus would be established to protect them from this industrial development that occurred by the City. It was agreed to again in June of this year, Mr. Hess continued, that the hiatus would be definitely reestablished and definitely be re- enforced. It would be blocked off. Mr. Hess informed the Council that he mentioned to Mr. Groves and he brought it up to the Planning Board again a solution to the City's problem, Mr. Groves' problem, and their problem. Mr. Hess said Mr. Groves "poked holes in it". Mr. Hess.suggested that Mr. Groves go ahead and develop his property. He said the property owners would "bless" Mr. Groves' situation as far as rezoning if he would agree to taking his industrial portion and having all access (for fire and police pro~ection'.and also health protection) down the south entrance, which he is paying for, to 22nd Avenue. He said it is an automatic short cut to, certainly, Mr. Groves' property and certainly to the industrial park. Mr. Hess also asked if Mr. Groves would agree to possibly takinq his residential area and having it go ahead and take the course north or south, which he could do. It would be a little difficult, but Mr. Hess said Mr. Groves could protect all of the property owners and he could protect himself. It would solve the City's problem, their problem, and Mr. Groves' problem, Mr. Hess repeated. Mr. Hess asked the Council Members to look over'the problems which were created by their predecessors, look over the possibility of solving the thing morally and properly, and come to a decision that would be proper for all. - 35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Councilman deLong wished to make a correction. He advised that the year was 1973 and not 1972 as Mr. Hess said. Councilman deLong admitted that he was involved in the "war" out there, and that concerned the construction of the Lehigh ~Cement Ready Mix Plant. Councilman deLong advised that the City definitely in the County hearing supported the people's interest in High Ridge Road. He reiterated that it was 1973, because that was when he came aboard. Kenneth L. Groves, Vice President, Point Manalapan Development Corporation, wanted to address a few remarks that Mr. Hess had made. As Mr. Groves saw it, there were two particular problems Mr. Hess cared to discuss. One was the excavation queStion, and the other is the situation of traffic and the hiatus on High Ridge Road. Mr. Groves first addressed the excavation question. He thought the City was well aware that it passed a comprehensive "mining" law which for the most part precludes the removal of fill from a particular Site unless that removal is absolutely necessary for the development of that piece of property.~ Mr. Groves stated that they have conceded in front of the Planning Board that that is not the case. Mr. Groves said he indicated in front of the Planning Board that the only particular excavation which they would be addressing would be simply the severe, elevation change abutting the Lake Worth Christian School, and their sole purpose in attempting any modification of that grade is simply to remove an existing hazard. Mr. Groves advised that he discussed this in great detail with Carmen Annunziato, City Planner, and he thought they understood each other and understand the CitY's position. Mr. Groves said they recognize Mr. and Mrs. Forrester's concerns and are certainly not going to put the Forresters-into a situation where they might have serious erosion problems in the future. He continued by saying the grading problem which exists along their north border does not really become severe until several hundred feet beyond the Forrester's property borders so, frankly, Mr. Groves said they are not intent in bringing on bringing in a bunch of heavy machines that will cost $70 or $80 an hour just for the fun of it. Frankly, Mr. Hess advised, they would likely leave all of the property abutting the Forresters alone since they really do not have the grade problem there. The second point which Mr. Groves thought was the most volatile to the whole issue was the subject of High Ridge Road and whether or not High Ridge Road should be a public right-of-way from 22nd Avenue to Hypoluxo Road, which Mr. Groves said they felt should be. He thought it was addressed in the County Comprehensive Land Use Plan. Mr. Groves expressed that they thought that the County's move originally to enforce a hiatus approximately at Miner Road is ill-conceived and illegal. Frankly, Mr. 'Groves advised that they intend to pursue it along those lines. MINUTES -.REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~ AUGUST 17, 1982 Mr. Groves further called attention to the fact that the City has Urban Services, which they think are necessary and appropriate for the type of development they care to create and, as such, it should be to the benefit of both the City and to their firm to have this piece of property annexed into the City of Boynton Beach. Mr. Groves referred to Mr. Hess' "simple" solution toward allowing their industrial to exit to the soUth on the new extension to High Ridge Road and allow the residential to exit to the north. He said it does not address the problem that is principle (fire and police problem) that he presumed the City has had during the past several years in having to drive all the way up seacrest Boulevard to Hypoluxo Road and all the way down High Ridge Road to get there. By exiting their traffic and placing a hiatus there, which would preclude the City from entering ~heir property from the south, ~r_~ G~o_v~s did not think they would solve anYthing. They would just simply move the problem a little bit further north. As such, Mr. Groves advised that they did not find that as an appropriate solution. Mr. Groves thought the County, prior to the High Ridge people going and "banging on their doors" addressed High Ridge ~Road as being a collector which was supposed to accommodate approximately 15,000 vehicular trips per day. With the inclusion of all of their development and all of the development to the South of them, Mr. Groves informed the Council that the total vehicular trips per day, as represented in their traffic impact statement, is approxi- mately 5,000, which is considerably less than the capacity of the road. Mr. Groves said they were sympathetic to Mr. Hess' concerns concerning his children traveling up and down High Ridge Road but he thought, in all honesty, they were talking about a road which has quite a bit more capacity than they were attempting to use up and, as such, Mr. Groves' thought Mr. Hess' concerns were a l~i~tle unfounded. Mr. Groves continued by saying they certainly have attempted in every way, shape and form to cooperate with the High Ridge people with the exception of going along with the hiatus which they, frankly, think is illegal and they will fight as long as it continues to exist. As far as the question is~concerned, Mr. Groves said they are intent on the annexation and the rezoning within the City limits. If they care to put a hiatus ~U there, (by this, he meant the County who, at the June 29th meeting did ~ote to reconsider their motion to have a hiatus), as far as their annexation and rezoning is concerned, Mr. Groves reiterated that they are intent on proceeding with it whether there is a hiatus there or not. Once that question is resolved, Mr. Groves said it creates additional traffic problems which they have addressed in their traffic impact statement'. Mr. Groves advised they are prepared to go with it whichever way it goes. Mr. Groves solicited the support of the Council. - 37- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mayor Trauger asked if anyone else wished to 'speak in opposition to the request. Lillian Ripley, 7731 High Ridge Road, Lantana, Florida 33462, lives directly opposite this land on Lots 33, 34 and 35. When Mr. Benjamin took the sand out of the southern part of that parcel of land, Mrs. Ripley said he never did a cover on it or anything. Ali Mrs. Ripley got was a lot of dirt in ther home. Now, Mrs. Ripley said, they cannot see 1-95; they can see the lot; but if the hill comes down, they will get the railroad track and 1-95. Mrs. Ripley asked, "What's going to happen ko the ~side of the road I live on if Boynton annexes High Ridge Road up to the end of that property? What's going to happen to the side of the road that I live on?" Mayor Trauger informed Mrs. Ripley that she would still be in the County. Mrs. Ripley exclaimed, "It will be in the County! Half of the road will be in Boynton Beach, and half in the County?" Mayor Trauger asked City Attorney Vance to comment. City Attorney Vance was not quite sure where Mrs. Ripley lives. Mrs. Ripley advised that she lived on Lots 33, 34 and 35, close to Mr.4 and Mrs. Forrester. Mr. Annunziato indicated where she lived on the plan and said the proposal, for all practical purposes, requires that all of High Ridge Road be dedicated to the City of Boynton Beach or become a City right-of-way for police and other purposes. Mayor Trauger was under the impression that across the street, where Mrs. Ripley lives, would still be County. Mr. Annunziato thought Mrs. Ripley was asking what physically happens to the right-of-way. Mrs. Ripley disagreed, and repeated, "What happens to High Ridge Road, on the side of the road that I am going to live on? I have lived there 30 years." Mr. Annunziato advised Mrs. Ripley that the private property remains unincorporated. The request is to have the public right- of-way which is currently public become a City right-of-way as opposed to a County right-of-way. Mrs. Ripley questioned, "On the west side of the street?" Mr. Annunziato replied, "On the west side of the center line to your property line." Mrs. Ripley asked if Boynton will a-nnex it. Mr. Annunzia~o explained that this has nothing to do with annexation of private property west of the right-of-way line. It has only to do with the. right-of-way of the road. Mrs. Ripley knew that it was not her property but the right-of-way. City Manager Cheney explained that the right-of-way would be in the City, and Mrs. Ripley's property will be in the County. The whole road right-of-way 'will be in the City, City Manager -Cheney told Mrs. Ripley. Mrs. Ripley asked 'about her mail. City Manager Cheney advised that the post office does what it wants concerning ~ail, and it had nothing to do with this. He went into further detail about the mail. Mrs. Ripley determined that all of High Ridge Road from the Forrester's property ~down will be in the City of Boynton Beach if it is annexed. THE PUBLIC HEARING WAS CLOSED. - 38 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNT©N BEACH, FLORIDA AUGUST 17, 1982 Vice Mayor Warnke referred ~to the memorandum from Kevin Hallahan, Urban Forester, where it said there was a mango orchard. He read: "The ~rees, planted at a fourteen foot (14') by fourteen foot (14') spacing, a~e in healthy condition, but not producing any fruit at this time. It appears that this orchard bas not been managed for quite a few years." Vice Mayor Warnke advised that at the-present time, mangos are not producing fruit and are not blossoming so they look dormant. Also under the memorandum, Vice Mayor Warnke noted that the developer shall provide a tree survey of the mango area, work to remove as few trees as possible, and replace all trees which have to be removed as part of the construction of roads and structures. At the present time, Vice Mayor Warnke said there are approximately 350 mango trees in that area, and they are about 50 years old. Under the mangos, Vice Mayor Warnke observed that there are approximately one million beautiful ferns. South of the mangrove orchard, there are approximately 50 tall pine trees, Vice Mayor Warnke informed the Council. Under the staff recommendation of the City Forester to replace all trees which have to be removed, 'it was Vice Mayor Warnke's opinion that this was impossible to comply with and until the developer could come up with a tree survey showing how he is going to work around these trees and replace all of those that have to be removed and replaced etc., he wished to table this application until such time as the Council is presented with a tree plan that is acceptable. Carmen Annunziato, City Planner, had a suggestion, knowing the intent of Vice Mayor Warnke's comments. Mr. Annunziato advised that this approval procedure is long and varied, and he suggested that the applicant provide this material to the City Council in connection with continued approval of the plan. Vice Mayor Warnke called Mayor Trauger's 'attention to the fact that he made a motion to table this and until there is .a second, there should be no discussion. Mayor Trauger was unaware of a motion to table. Vice Mayor Warnke informed him that he just made & motion to table. Councilman Wright noted that the developer said they'~would try to comply with those recommendations. Councilmember Woolley noted there was a statement. She said they did reply to that, and they said they intended to comply with the ordinance at the appropriate time. Mr. Groves knew the public hearing was closed and did not want to break parlimentary rules but in taking note of the urban Forester's comments, he believed the City's Tree Ordinance recognizes that in some instances it is impossible to relocate existing trees, for instance, these trees. - 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Although they were in sympathy with not having to tear the trees down, Mr. Groves said when they go in to put the rights-of-ways through those particular sections, they will have to take down some of the trees. He believed the ordinance provides for an alternative solution to moving the existing trees, that being if for some reason you cannot replant the ones you are moving, that those trees can be replaced number for number by new trees placed at more suit- able locations within the site. As Mr. Groves indicated in his comments and in his discussions with Mr. Annunziato, that was their intent on how to comply with that aspect of the Urban Forester's comments. In Vice Mayor Warnke's personal opinion, it is impossible. Councilman deLong referred to a development going on in the City at the present time where, on two different occasions, they have violated what they were supposed to live up to. He believed that was what Vice Mayor Warnke was concerned with, and rightfully so. Mr. deLong could understand why Vice Mayor Warnke feels the way he does but Said, "We can't hang the son for the sins of the father." Mayor Trauger agreed. Vice Mayor Warnke reiterated that it is impossible to comply with the staff's recommendation. Councilman deLong said the applicant understands that if a tree is there, and you want to put a house there, you can't put the tree back. City Manager Cheney pointed out that ultimately the-Council will have a site plan in detail-as to what is.going to happen there. Councilman deLong suggested they wait until the appliCant goes before the community Appearance Board, who is the Board that works on this, and they have to sign off what they do not want to do, and they would have to follow it up. Councilman deLong could not see holding up this whole operation just because of the trees. Vice Mayor Warnke withdrew his motion. Councilman deLong moved to approve the request for annexation and rezoning as unanimously recommended by the Planning and Zoning Board and to instrUct the City Attorney to prepare documents as follows: 1. An Ordinance amending the Future Land Use Element of the Comprehensive Plan. 2. An Ordinance annexing the applicant's property. 3. An Ordinance rezoning the applicant's property. 4. A Resolution to be forwarded to the County Commission, requesting concurrence with'~he annexation. Councilman Wright seconded the motion Tereesa Padgett, City Clerk, took a roll call vote on the motion, at the request of Mayor Trauger, as follows: - 40- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Councilmember Woolley Councilman Wright Councilman deLong~ Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Nay Motion carried 4-1, with Vice Mayor Warnke voting against the motion. Councilman Wright moved, seconded by Councilmember Woolley, to revert to the regular order of business. Mayor Trauger introduced Councilman Charles Potter of the Town of Lantana. He welcomed him to the City of Boynton Beach. Mayor Trauger also introduced Rev. Charles Brannon of the First Baptist Church of Boynton Beach, Mayor Trauger informed Rev. Brannon that Councilman Wright already gave the invocation. Rev. Brannon read a Passage of scriptUze a~d led in prayer. He explained for his lateness. THERE WAS A FIVE MINUTE RECESS. The meeting reconvened at 9:32 P. M. 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 Record City Manager Cheney advised that items B (Swale Construction for Drainage Improvements and/or Swale Sodding for North Ocean Parkway Area - Engineering - Approve 2nd Bidder) and D (Annual Petroleum Fuel Requirement - Public Works) needed to be removed. Councilman deLong thought someone was present on the Annual Petroleum Fuel Requirement and asked if they would entertain this gentleman. City Manager Cheney replied that they would have to. A. Pence Park Irriqation System - Recreation The Tabulation Committee recommended awarding the bid to Jack Kouns Co., Inc., West Palm Beach, Florida, in the amount of $6,850.80. C. West Cemetery Fence - Rear of Mausoleum It was the recommendation of the Tabulation Committee to award the bid to Bill Overton/Budget Fence, West Palm Beach, Florida, in the sum of $3,930.60. Request Authorization for use of 2 construction trailers - Woolbriqht Corporate Center - 1901 South Conqress Avenue - 41- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Michael H. Williams, representative of Stinson-Head, Inc., Deerfield Beach, requested authorization for the use of two construction trailers to be used on the site of Woolbright Corporate Center, 1901 South Congress Avenue. One trailer will be utilized for office purposes, and the remaining trailer for storage construc- tion. F. Contingency Transfer - Double Taxation - Kelton Associates Contract and Study Approved on June 1, 1982 This request is for a transfer of $ 7,200 from Contingencies for payment of the Double Taxation Study. G. Russell and Axon Change-Order ~5, Project NO. 626-681-45 Lift Stations 316 & 319 -.Boyle Construction Perry A. Cessna, Director of Utilities, through his memo of August 12, 1982, recommended that the change order be approved for installation of Odophos feeding equipment at the above lift stations in the amount of $17,311.36. Approval to Write Off Returned Checks - Utility and General Funds Grady W. Swann, Finance Director, in his memorandum of August 5, 1982 said that our auditors recommended the write-off of these checks totaling $4,915.54 ($966.07 Utility Fund and $3,949.47 General Fund). Consider Purchase of 3 Flo Scan Instruments and 50 Vacuum Gauges 1. Budget Transfer for Funding of Above The budget transfer is to ~provide funds for the purchase 'of 3 Flo Scan instruments @ $225.00 ~and 50 vacuum gauges @ $15.00 for a total of $1,425.00. J. List of Payments - Month of July, 1982 K. Approval of Bills See list attached and made a part hereof. Councilman deLong moved to approve the proposed Consent Agenda by the City Manager, being Article IV of the Agenda, Items A, C, E, F, G, H, I, J, and K inclusive, seconded by Councilman Wright. No discussion. Motion carried 5-0. Swale Construction for Drainage Improvements and/or Swale Sodding for North Ocean Parkway Area - Engineering - ApproVe 2nd Bidder - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Councilman deLong asked what was going to happen on the swale. City Manager Cheney answered that Don Finton would like to speak. He told the Councilmembers that they had on their sheet a brief summary of why the staff is recommending other than Finton Construc- tion, and Mr. Finton wished to comment. Don Finton, owner of~Finton COnstruction Co., Inc., 214 S. E. 7th Avenue, Boynton Beach, Florida 33435, has lived in the City and has been working in the City and has been a Statewide paving contractor since 1972. ~Mr. Finton advised that he has bid City work off and on and has done a considerable amount of City work. He is now working for the City of Boca Raton at the City Hall and is also doing work at the Regional Park of Palm Beach County. Mr. Finton told the Council that the swale construction was put out for bid; he was invited to bid on the job, and the was the low bidder on the job. Mr. Finton feels that he is qualified 'to do the work. He said he has done swale construction for the City and has done it expeditiently and correctly, and Mr. Finton thought the City would attest to that. Mr. Finton said City Manager Cheney and he had a disagreement on a project that he has not completed. They discussed it this afternoon but did not come to an agreement. Mr. Finton did not feel that one job should hinge on the other. Councilman deLong said if you were contracted out by the City and the work has not been satisfactory, he thought that the next job did depend upon the previous operation. City Manager Cheney explained that the first of the City's swale jobs Mr. Finton did contract for was adequately done. At the end of that, the City signed a change order for another job (which was a small sidewalk relocation job). Sometime after that change order was signed and Mr. Finton accepted it, the CitY-Engineer attempted to find out when Mr. Finton was going to do it. Telephone calls were made, a letter was sent, and City Manager Cheney said the City heard ~nothing from Mr. Finton about that. The last swale job the City did down in Chapel Hill and Mission Hill went out for bid; Mr. Finton bid on that; he was not the low bidder, and still nothing happened to that other job. City Manager Cheney said the other job had not been finished, which may not have been very important but~it was still a pending change order ~. Finton had not responded to City Manager Cheney said this job was put out to bid and still there was no reaction for the other job; ~. Finton was the low bidder.. Tom Clark, City Engineer tried to get in touch with Mr. Finton two or three times by telephone. There was no word and no completion of that pending change order. Now, City Manager Cheney said the City is in a position where Mr. - 43 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Finton indicated to him today (City Manager Cheney thought he was correct in saying this) that he did not do the change order. He had lots of other work to do and kept doing it, figuring he could do this some time. City Manager Cheney feels that if the City has a contract out and a change order, either the contractor should say, "I don't want it," or he should get it done, but City Manager Cheney did not like the idea of people thinking that if it is the City they can take care of the City jobs when there is nothing left for them to do. City Manager Cheney said Mr. Finton did not do it with malice or intent or with any desire for the City to become unfriendly¥ City Manager Cheney commented, "That we aren't; but I just don't feel that on this.type of job, even though it is not the low bidder situation, I think we ought to ~go ahead and give the other guy a chance and, hopefully, Mr. Finton will either get out of that change order or will get that done so his sheet is clean and we can go on from there the next time." City Manager Cheney called attention to the fact that the City is not questioning Mr. Finton's ability to do the work and not questioning the quality of the work that he did before. He 'did not think the City should have to play second fiddle to other contractors when their other clients are around. Councilman Wright asked if Mr. Finton was paid in full for the job. City Manager Cheney replied that he has not been paid for the change order but he was paid for everything else. He said the City had no problem with the other job. Vice Mayor Warnke noted that it said on the memorandum, "previously awarded bid of September 1, 1981." Vice Mayor Warnke commented that it was almost a year ago, and it has not been completed yet. Mr. Finton said that is correct. Mr. Finton commented that he Work~ as a subcontractor and also as a general contractor on many projects. Normally, when someone gets to the end of the rope with whatever, they send you a three day notice or some type of an ultimatum stating that, "You either do it, or we're going to get somebody else to do it." Mr. Finton informed the Council that the City never reached this point, although he admitted that he procrastinated on this job. His feeling was that it really was not that important to get done immediately, although he knew a year is not immediately. What Mr. Finton told City Manager Cheney was that he wOuld do it. Mr. Finton said he will do both of the jobs and he will do them good and will get them done expediently. Mayor Trauger asked if there was any legal jeopardy to this. Attorney Vance replied, "No sir." City Councilman Wright thought it was unfortunate, and said he would vote in favor of someone from the neighboring community, and he would - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 not like to see that happen in the future. Councilman Wright thought Mr. Finton would give that priority so he would not have these problems in the future. Councilman Wright advised Mr. Finton to finish whatever he has to do by the City and maybe he can have future business with the City. Mr. Finton also stated that there was no starting date and no completion date on the purchase. CoUncilman Wright said maybe that needs to be done or something that staff should do when they are contracting for this work in the future. Vice Mayor Warnke said usually, those contracts have something about being completed in a workmanlike manner, expeditiously~ etc. Councilmember Woolley asked if the difference in price was about $1,000. Councilman deLong answered $434. City Manager Cheney advised that the difference was about $1,050.23. Mrs~W°olley said the Council was going to act on this, and she wanted to ask a question of Mr. Finton. She knew ~hat she had seen the name, "Finton Construction 'Company" ~on a 1pt of things that have been done for the City. Councilmember Woolley asked if the City did not want to do business with Mr. Finton again and pointed out that he is local. City Manager Cheney replied that the City has no problem in doing business with him. Councilman Wright suggested a letter outlining what the City would like Mr. Finton to do in about thirty days. Councilmember Woolley asked if the City was teaching Mr. Finton a lesson. She did not understand. MayOr Trauger said the Council was going to award the contract to the next lowest bidder. ~Councilmember Woolley remarked, "With a $1,000 difference." Councilman deLong asked about The Garden Store. City Manager Cheney explained that The Garden Store is doing the soil, and they were talking about the earth work. He said there was only one bidder on the soil. Vice Mayor Warnke moved to award the swale construction bid to Marcinkoski Gradall, 1065 Ridge Road So., L~tan~ in-theanDunt of $12,501.44 and the swale sodding bid to The Garden store, 414 East OCean Avenue, Boynton Beach, in the amount of $11,986.20. The motionw~s seconded by Councilman deLong and carried 5'-0. -' · Annual Petroleum Fuel Requirement - Public Works City Manager Cheney said John Behnke wished to speak on this bid. He said staff had stated their reasons. City Manager Cheney said it was a very complicated situation, and he would wait until Mr. Behnke spoke and then comment further on it. Mr. John Behnke, owner of John Behnke Incorporated, 356 South Country Club Drive, Lantana, Florida 33462 told the Council he has been a resident of Florida for 24 years. - 45- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Behnke informed the Council that he is a qualified lubrication engineer, of which there are only three in the State of Florida. One teaches at the University of Florida, Gainesville, Florida; one is at Eglin Air Force Base; and he said the Council was looking at the third one. 41 years ago, Mr. Behnke gave .3-t/2 years Of his services to the Air Force as an instructor to many pilots. The rest of his life has been spent in fuels and lubricants. Mr. Behnke told the CounCil that the City had a good Purchasing Agent, Bill Sullivan. TOday, Mr. Behnke reported, Bill Sullivan decided to "fight" with him, so after 41 years, Mr. Behnke stated; "Here I am, fighting Bill." He said everyone today in the news, telephone and radio media advertises for business. Prices are of paramount importance in their advertising. Mr. Behnke said the City of Boynton Beach advertised on April 22, 1982 for a bid on only gasoline and fuel. Mr. Behnke responded to the bid and was the low bidder. Mr. Behnke continued by saying, "Your newspaper, which I subscribe to and get all of the time, talked about that bid but it never mentioned why. It didn't men%ion my name, but it said, 'Good prices in the middle of an oil glut'. I responded to that by saying, 'Oil is oil; grease is grease; fuel is fuel; gas is gas.'" Mr. Behnke asked if anyone present tonight drove down Federal~ Highway all the way to Miami shopping for a Cadillac car, looking left and right, and they all had the same identical equipment on them and there were price differentials from $100.00 to $1,000.00, which car would they buy. He answered that they would buy the one that they could save $900.00 on. Mr. Behnke informed the Council that he has gone through the City records and' compared them to his figures, and he believed he could save the taxpayers and the City people at least $15,000 a year. Mr. Behnke said it would pay somebody's salary. Mr Behnke was told on the entry of another bid why his bid was rejected. It was becauSe there is going to be another one. Mr. Behnke asked why the first bid was rejected. The City said they were going to rewrite the specifications. Mr. Behnke questioned, "On what?" He told the COuncil they were looking a man that can write specifications, and they are meaningless. Mr. Behnke called attention to the fact that the United States Ordinance is #1 in writing military "specs". He said to look at any can of oil you buy in auto stores or Jefferson's or-anywhere, and you will see a military "spec" on that can. The Army wrote that specification. Secondly, Mr. Behnke informed everyone that General Motors, International Harvester, Ford, and the big people got together and worked with the Army and said, "This is it~ Who are the major oil companies? They coUldn't write specifications. They didn't make equipment. All they could do was comply with that." - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Behnke advised that he complied with the specifications. He informed the Council that he deals with 6of the~13 largest major suppliers of gasoline and diesel in the world. Mr. Behnke emphasized that he is a broker. He is not a jobber or a distributor at the City'S mercy, in case a shortage arises, that the City could come to him and say, "John Behnke, can you supply us?" Mr. Behnke referred to page 6, paragraph 4 in the City's contract and said that he signed it diligently and honestly and said, "I will supply the City of Boynton Beach." He told the Council that he has contracts for about 12 to 15 million gallons of diesel fuel and gasoline a year. Mr. Behnke asked the Council if they can imagine what the City has advertised for. He said the City's was just a part of what he sells and he named: Frank Lopez (for~nerly Burnup & Sims), Sammy Cooper, Cumberland Farms, Murphy Construction, and Rinker. Mr. Behnke commented, "These are not small potatoes in our County. I have sold all of them my product, and I am very proud of that." Mr. Behnke said he was not in grease and oil today, but when he was in grease and oil, the Rinker Corporation gave him all 45 of their garages. He asked, "Do you mean to tell me that there is a major oil company that could supply them? No way~" Hr. Behnke made further reference to some warehouses he put in and serviced for a landowner in Daytona Beach, Lakeland, Sarasota, Miami, Fort Lauderdale, and right up the line. He named other companies, including Snow Concrete, Gulfstream Lumber (in our backyard) and Hess Transport (also in our backyard). Mr. Behnke called attention to the fact that, "these people burn a lot of fuel." He named others and said, "These people have known me for years. They know my integrity; they know my service, and they know what I stand for." Although Mr. Behnke could name 15 or 20 of Fort Lauderdale's largest contractors, he named their largest - Hardrive's - 720 pieces of equipment. He dared the City to call Bob Delmer tomorrow morning and ask him if John Behnke ever told him at one time during 1973 through 1975, 1978 or 1979, "We are going to short you on a product." Mr. Behnke said he did not short anybody and said he does not know what a shortage is. Mr. Behnke remarked that 20 million gallons of gasoline is a lot of product and wondered where the City would be going with it tomorrow. He advised that he has contracts. Mr. Behnke told the Council that the City Purchasing Agent (Bill Sullivan) asked for the contracts, and he showed Mr. Sullivan 13 million gallons worth of bona fide and legitimately certified contracts. Mr. 'Behnke stated that he likes Bill Sullivan. It is Mr. Sullivan's job, and he has to protect his job like he (Mr. Behnke) is'trying to protect seven local people. Mr. Behnke paid $817,000 in State road taxes for 12 million gallons of gasoline which were sold, and he had the figures to prove it. That plus the seven people Mr. Behnke employs injected another 1/2 million dollars into this community. - 47 - MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mr. Behnke informed the Council that two of his drivers live in Boynton Beach. Mr. Behnke was told that the letters were directed to him instead of Bill Sullivan, Purchasing Agent for the City. Mr. Behnke commented that if you took every major oil company in the United States and they directed every letter to every city, "My God, they would have to employ 10,000 people just to write letters to every City. I am the representative of the City of Boynton Beach, so they gave it to me. I am the one that has earned those contracts. The City of Boynton Beach didn't earn those contracts. John Behnke earned them. It took 41 years of hard work, and I have them in my hip pocket." Mr. Behnke called the .City of Boynton Beach. Bill Sullivan, City Purchasing Agent, told Mr. Behnke that he called Delray Beach. Mr. Behnke had served Delray Beach faithfully for one year. Mr. Sullivan said Delray ~each reported that Mr. Behnke's service was beautiful but he asked Mr. Behnke why his prices were 5¢, 6¢, or 7¢ higher than the day you quoted us. Mr'. Behnke did not ask Mr. Sullivan, "What did Gulf quote?" He said he did not care what anyone else sells for, as he is only interested in the City of Boynton Beach~ his company, and the people that he serves in the industry. Mr. Behnke made the remark to Mr. Sullivan, "I'll check my file." However, this was made 31 days ago, Mr. Behnke told the Council. Mr. Behnke continued by saying Bill Sullivan, City Purchasing Agent, said that there was a shortage. Mr. Behnke commented that he did not hear of any shortage 31 days ago. He said prices have been plummeting and aecel~ating like mad. Mr. Behnke told the Council that his prices with the City of Delray Beach do the same thing, but they cannot do it overnight. He said if the City is his customer tomorrow, they will not be invoiced the next day. Mr. Behnke advised that he sold a company, right here in this town (across from Murphy Construction) with 12 Mercedes Benz trucks. They ~wanted the best price and wanted to pay in ten days. Mr. Behnke wished that he had brought the invoi6e. He said they did everything, put everything in, but did not have the invoice out, so how could a man say he was 5¢ high. Mr. Behnke remarked, "When I might be 5¢ lower next week, and he has already gotten delivery." Mr. Behnke stated that he does not control the industry but he is fair, very fair, or he does not, will not., and cannot service the people. Mr. Behnke felt that Mr. Sullivan (whom he respects) made a very poor comparison in that pricing. '~ertainly? Mr. Behnke asked, "how could he reject me when this is notarized, and I have millions of gallons of fuel, and he said the letters weren't directed to the City of Boynton Beach?" Mr. Behnke advised that the City of Boynton Beach has never been heard of by Marathon, Triangle, Citgo, Philip's 66, Fina (the people he deals with) and others. Mr. Behnke said - 48- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 it would be a fallacy to ever have a major oil company write the City. Mr. Behnke had a man in the room who worked for Gulf Oil for 31 years and faithfully distributed to the City under a local distributor- ship, which had nothing to do with Gulf. Mr. Behnke advised that the man did a good job and has been in his empl.©y. Mrs. Behnke told the Council that "one of the City's talented employees~has approached him and asked, "Can you give us the service that we formerly g~t?" Mr. Behnke answered, '~Shake my hand,s'brother; .and you've got it." Mr. Behnke said, "We will not wake you up at 8~00 o'clock at night to come over here and say., 'We got a delivery for you at Port Everglades. You've got to accept it.'" Mr. Behnke informed the Council that they do not work at 8:00 o'clock, and~they do not work on Saturdays and Sundays or holidays. He said they were not afraid to get up early in the morning. Mr. Behnke said, "When you're open, we're open. You call us, and we will deliver." Mr. Behnke further informed the Council that they do not come along with a 1,000 gallons on the truck. He said the City can only use 800 gallons. Mr. Behnke told the Council that this happens, because some computer down in Port Everglades loads' the truck with 1,000 gallons, and it.is going to Boynton Beach. They dump off 800, and the City swallows the 200. Mr. Behnke pointed out that the meters on their trucks tell you if it is 846 gallons, that is just what you pay. They do not make the City swallow anything. They don't have to. Mr. Behnke further said that the money stays here, not in a bank in Pittsburgh or New York's general offices. Mr. Behnke emphasized that their Twelve Million Dollars from sales last year stayed in Palm Beach County. Vice Mayor Warnke noted that out of the 42 items on the bid sheet Mr. Behnke only bid on eight and asked why. Mr. Behnke replied that he only bid on three - diesel, gasoline regular, unleaded, and premium. The others were greases and oils that he is not able to do any more. However, as a lubrication engineer, Mr. Behnke stated that he would gladly assist the Public Works Director, Mr. William Sullivan (Purchasing Agent) or any of.the~-City- departments in a lubrication problem. He said he headed the initial field at General Motors (Chevrolet and Oldsmobile in Lansing, Michigan). Mr. Behnke also headed it in Ford and also in the bus and truck divisions and was proud of it. He also headed it at Armour. United States Steel, and Westinghouse and helped them with problems they could no~ lick. Mr. Behnke told the Council he would help the City at no charge. Mr. Behnke said he would like to see a Gulf or any major oil company's representative come in here to the City of Boynton Beach and do what he just said he would do. He said they would not care about the City. The City is just an IBM number to them. Mr. Behnke emphasized that - 49 ~ MINUTES - REGULAR CITY COUNCIL MEETING 'BOYNTON BEACH, FLORIDA AUGUST 17, 1982 he is local. He told the CounCil, "I stand here to service you and, by God, I'm not afraid to tell it, not only to you people, but anybOdy that we serve today." Mayor Trauger asked Mr. Behnke if the prices he was stating lower than the bid prices. On the second bid, Mr. Behnke informed Mayor Trauger that he was low again. Mayor Trauger had a bid sheet that did not show Mr. Behnke as the low bidder. It was determined that Mr. Behnke was low in both places. Mr. Behnke further informed-the Council that he also offered tank wagon service, which means if you want 300 gallons or 500 gallons, his company will deliver, so the City would not have to take only a transport load. Mr. Behnke referred the COuncil to the first bid and said it would state very clearly it will not deliver transport or tank wagon (a small truck) loads of diesel. Mr. Behnke said they deliver to the City of Delray Beach every day, also to Highland Beach and the Town of Lantana. He was sure they would get the bid for the City of Riviera Beach. Mr.. Behnke said he has been refused by this City twice. Councilmember Woolley asked Mr. Behnke if he delivers to the City of Delray Beach. Mr.~ Behnke replied, "Yes. He said the City of Delray is hoping to extend his service for another year because they love the service. Mr. Behnke added that the Purchasing Agent of the City of Boca Raton said his gasoline contractor collects a constant amount of Profit per gallon no matter what the wholesale price is. Mr.. Behnke asked how this City can differentiate from the City of Delray Beach. He remarked, ,I don't know what to tell you~" Vice Mayor Warnke referred to the last sentence in the recommenda- tions which said the quoted bid was different from the actual bill. He said %hat was on the recommendations to refuse Mr. Behnke's bid. Vice Mayor Warnke read: "Mr. Behnke presently supplies another city and in reviewing their invoices, there is a discrepancy be~n his quoted bid amount and their actual bill." Mr. Behnke answered, "He didn't call that same day. We sat right at this table from 3:30 in the afternoon before that bid was closed, and the City was not Called." Mr. Behnke repeated that they do not invoice for a week to ten days. It is impossible because he does not get his slips from Port Everglades that quick. Mr. Behnke said he is not computerized. Vice Mayor Warnke asked if the prices were not locked in once Mr. Behnke bids them. City Manager Cheney replied, "No," City Manager Cheney explained that the City has not bid oil bids' and a lot of places have not in the past. City Manager Cheney said the City decided to do it and see if it was worthwhile. He - 50 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 said the City had been buying from the local Gulf supplier for some time and when that would go, they had been buying direct from Port Everglades. The City was hoping to find some measure that they could tie either a discount or an add on to'; transportation cost, on something. City Manager Cheney said they did not find that the first bid around. That was one reason they rejected Mr. Behnke's bid. City Manager Cheney said the City did some checking around on other bid prices and they did have some questions in relation to Delray and what appeared to be bid here and what Delray was paying. City Manager Cheney said they had the feeling if they were Delray purchas- ing people and knew what the bid was here, they would wonder if the price that they paid about the same time in Delray could not have been lower. The main reason the City bid the second tmme was to see if they could find a handle to bid on, City Manager Cheney continued. He said the City is concerned about the cost. City Manager Cheney pointed out that the City is not one of these private organizations but are concerned about police, fire and supply. He said the regulations on supply have been somewhat deregulated, and the City does not have the same thing. City Manager Cheney explained that was why the City put in this line in the bid documents that says, "A notarized affidavit from an established individual oil company such as Gulf, Texaco, Exxon, or any of the others that is not dependent from another supplier for petroleum bulk products.' He continued by reading, "They will guarantee to the City of Boynton Beach without any reservation prior availability of required quantities. In the Gulf bid, City Manager Cheney informed the Council that the City got a letter from Gulf stating that they would have it available. Mr. Behnke has letters from a lot of suppliers saying it is available to him, but that does not mean that the City has a letter from one of those major companies saying it is available to the City, so the City gets into a problem." City Manager Cheney said that was why the City put that in there and also was one of the City's concerns. Mr. Behnke asked why he was sent the bid. City Manager Cheney answered that they thought possibly Mr. Behnke could get a letter from Chevron or one of his twelve suppliers who would say, "Yes, through Mr. Behnke, we will be sure the City of Boynton Beach gets its supply when it needs it." Whatever reason, City Manager Cheney pointed out that Mr. Behnke cannot get that. Mr. Behnke asked City Manager Cheney, "If you had 110 Gulf filling stations in South Florida, and you were Mr. Gulf, who would you service first - your 110 service stations or the City of Boynton Beach?" Mr. Behnke emphatically said that he would service the City of Boynton Beach. He has no stations. Mr. Behnke said it was as simple as that because he has 20 million gallons of gas. -51- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 City Manager Cheney advised that if the City of Boynton Beach had a letter from Gulf Oil Company, and Gulf Oil Company says they will supply the City, City Manager Cheney 'said he would assume they would supply the City because he did not assume they would sign that letter "willy nilly". He would assume they mean it. City Manager Cheney advised that local governments and state governments have had this problem in these~shortages in the early 70's and through- out. City Manager Cheney said the City is always concerned about its supply. City Manager Cheney advised that when you can bid your State agencies and get a guaranteed supply and get a guaranteed alloca- tion, you sometimes have to call them and say, "We have a Police Department, and we need gas," and we always get it. The City does not have that process any more, and City Manager Cheney informed Mr. Behnke that the City wants a letter from an integrated oil company that is going to say they will give it to the City. City Manager Cheney adwised that was the key thing. City Manager Cheney was not disputing the bid-~the~Council had~before it. He said Mr. Behnke's prices were lower than Gulf's.. City Manager Cheney was concerned about how Mr. Behnke arrived at the prices. He said they thought they had a more provable system with Gulf Oil Company in measuring their price and the discount they give the City. City Manager Cheney pointed out that Mr. Behnke gets it from several suppliers, and he indicated that the average of several suppliers plus an adjustment would be what he would bill the'City. City Manager Cheney noted that Mr. Behnke admitted that he does not give the City the bills until several weeks later. City Manager Cheney said the City's process and its ability to check back on the base onto which the adjustment is made is much more difficult and much less sure to check in terms of the contract than it is to Gulf Oil Company. City Manager Cheney thought that was a part of what Delray Beach may be faced with in this particular situation. He was not disputing Mr. Be~hnke's service. City Manager Cheney added that the City has never had so many bids questioned as it has all of a sudden. Mr. Behnke asked who Gulf Oil services. City Manager Cheney did not care who they serve, as long as they serve the City. Mr. Behnke argued, "You are saying that I, John Behnke, 62 years old, notarized and told you that I can service, you (paragraph 6~ page 4) - that I can serve you and not take products away from you, that I am not going to hold my contract when you state ~n your contract that you will honor it? I will honor my contract~" City Manager Cheney told Mr. Behnke that he did not comply with the bid. Vice Mayor Warnke moved to ~abl. e the matter and let Mr..William Sullivan, City Manager Cheney, and Mr. Behnke iron our. their differences. Councilman deLong suggested instead of tabling the - 52 - MINUTES ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 matter, it be postpOned. .Vice Mayor Warnke changed his motion and moved to postpone the matter until the next.meeting (September 8). Councilman deLong said if it was tabled, it could be tabled indefinitely. He seconded the motion. Councilman Wright wanted to see Mr. Behnke get a letter of support from the other suppliers. Councilman delong thought that the staff should be instructed to work this out. Vice Mayor Warnke agreed to instructing the staff to work this out. City Manager Cheney asked if that meant they had to work out a contract with Mr. Behnke. Mayor Trauger replied, "No." Councilman Wright wanted to see what some of the other cities had to say about what Mr. Behnke is doing for them. Council- man Wright was curious. Councilman deLong suggested Mr. Behnke bring in recommendations. A vote was taken on the motion, and the motion carried 5-0. BIDS One New Mobile Quick Attack Vehicular Unit with Pump - Fire (Postponed from Auqust 3, 1982 Meeting) vice Mayor Warnke asked City Manager Cheney when. he received the letter from Gary L. Abbe, Sr., President, Florida Fire Equipment and Apparatus Company, North Lauderdale, Florida. He noted in the last minutes City Manager Cheney asked for comments from Mr. Abbe. City Manager Cheney advised that'Mr. Abbe brought in his letter on Thursday afternoon, August 12, 1982.. City Manager Cheney and the Fire Department met on it on Friday, August 13, 1982. Late Friday afternoon, August 13, 1982, Fire Chief James M. Rhoden, Sr. wrote a memorandum, which the Council had, and City Manager Cheney also prepared a memorandum dated August 17, 1982. City Manager Cheney noted that Mr. Abbe sent the Councilmembers a copy of the letter he sent City Manager Cheney. City Manager Cheney read his Memorandumdated August 17, 1982. A copy of said Memorandum is attached hereto and made a part of these Minutes. (See page 54.) City Manager Cheney added that the City does not have a financial statement from the company in question because they are a private company, and ~they do not have to make that statement public. With all that has been happening in fire companies recently, City Manager Cheney said that bothers the City. He advised that Emergency One is a part of Federal Signal Corporation. In addition, City Manager Cheney read the Memorandum ~ddressed ~o him from James M. Rhoden, Sr., Fire Chief, dated August 13, 1982, attached hereto as pages 55 and 56. - 53 - AGENDA August 17, 1982 BIDS: A. Fire Truck Bid Item On August 12, 1982, Gary L Abbe, Sr., President, Florida Fire Equipment and Apparatus Company, delivered to me the attached letter concerning the City's Fire Truck Bid and recommendations. That letter has been reviewed in detail and a response from Fire Chief Rhoden has been prepared and is attached. I concur with Chief Rhoden's comments and with his recommendation that the bid be awarded to Dowling Fire Equipment, Inc. (Emergency One) as originally recommended. I believe the information put forth in Chief Rhoden's memorandum is supportive of his recommenda- tion. In addition to Chief Rhoden's memorandum, I have attached an excerpt from a service to which we subscribe known as Product Information Network, which is a joint service of the International City Managers Association and the McGraw Hill Company. The Article is entitled, "Beware Fire Equipment Warranties" and it indicates that, unfortunately, a number of old line fire equipment companies have had financial problems in the last few years. It is for this reason, in part, that we have asked for a financial statement indicating the financial condition of the company, so that we can have some idea as to the stability of the company. You can see from the copy of the annual report from "Federal Signal Corporation" the parent of "Emergency One" (Page 4) that the company appears to be financially stable and capable of standing behind its warranties. In addition, we feel that the bid specifications (which indicat- ed "No sub-letting") ~were appropriate, since it is felt that a vehicle of this type built sole~y~ by one company ends up being a better product than a vehicle where the body, the chassis and other items are bought separately and put together. In summary, it is recommended that the City Council authorize the purchase of this Fire Truck as originally recommended 'by the Staff, from Dowling Fire Equipment, Inc. L. Cheney City Manager PLC:mh Atts. cc: Fire chief, Purchasing - 54- TO' FR.' MEMORANDUM AUGUST 13, 1982 MR. PETER CHENEY, CITY MANAGER JAMES M. RHODEN, SR., FIRE CHIEF RE: i'IR, CHENEY; BID; EMERGENCY ONE/INDIANA FIRE EQUIP. AFTER READING THE LETTER DATED AUGUST 10, 1982, ADDRESSED TO YOU, FROM FLORIDA FIRE EQUIPMENT AND APPARATUS COMPANY, WE HAVE FURTHER EVALUATED THE TWO BIDS AND MAKE THE FOLLOWING DETERMINATIONS: 1. THE LETTER, OR A FOLLOW-UP MEETING WITH MR, GARY ABBE, SR. OF THE INDIANA FIRE EQUIPMENT COMPANY HAS NOT CHANGED OUR INITIAL OPINION OF RECOMMENDING THE BID BE AWARDED TO THE EMERGENCY ONE, INC. 2. WE STILL HAVE NOT RECEIVED A FINANCIAL STATEMENT REQUIRED BY THE BIDDERS TO ALLOW US TO ESTABLISH A CONSTANCY FOR WARRANTY PERIOD. 3. IN A TELEPHONE CALL TO THE 'INDIANA FACTORY, EXEC. OFF. CROCKETT REQUESTED OF MR. VERLIN CUSTER'S SECRETARY, AFTER ESTABLISHING HIS ABSENCE, THAT THEY HAVE ONLY BUILT THREE (3) UNITS OF THIS TYPE, WHILE EMERGENCY ONE HAS SUPPLIED A LIST OF OVER TWENTY-FIVE (25). 4. ONE OF THESE, TROPICAL FARMS DISTRICT FIRE DEPARTMENT OF MARTIN COUNTY, FLORIDA, WAS ALSO CONTACTED AND INDICATED THAT INDIANA FIRE EQUIPMENT AND APPARATUS COMPANY WAS TWO TO THREE MONTHS LATE, AND THEY STILL HAS NOT BEEN ABLE TO PUT THEIR APPARATUS IN SERVICE. NEEDLESS TO SAY, THEY ARE NOT VERY HAPPY. 5. THERE IS ONE OF MR, ABBE~S COMMENTS THAT SEEMS A LITTLE "OUT-OF-LINE", THAT BEING HIS RELATING TO THE AMOUNT OF "NO BIDS" RECEIVED. OUR CHIEF CONCERN IN ANY PURCHASE OF THIS DEPARTMENT IS.THAT WE BUY THAT WHICH WILL BE THE BEST FOR THE CITY. MANY MANUFACTURERS HALVE NO~SEff~U~O BUILD IN ALUMINUM, BECAUSE OF ITS NEWNESS, AND ALSO MANY HAVE NOT DEVELOPED THE "TOP-MOUNT"-OPERATORS POSITION WHICH WE CONSIDER SAFER AS WELL AS BETTER UTILIZATION MEMORANDUM - AUG. 13, 1982 - MR. CHENEY - PAGE 2. OF MANPOWER, AND "STATE OF THE ART" IN THE DEVELOPMENT OF THIS TYPE OF APPARATUS, I. DO THANK YOU FOR YOUR CONSIDERATION IN OUR DISCUSSION OF THIS MATTER AND THE TIME YOU PERSONNALLY HAVE TAKEN- FOR THIS REVIEW, SINCERELY; ./~JA~4ES M, RHODEN, SR,, FIRE CHIEF - 56- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 While reading the Memorandum from James M. Rhoden, Sr., Fire Chief, after paragraph 3 of said memorandum, City Manager Cheney commented that it is a special design of which they have become aware. City Manager Cheney said it is called a "Top-Mount" and instead of controlling the pumps on the side as is traditiOnal, you control it from the middle of the cabin and you get a much better view and a much better operating situation. To paragraph 4 of Fire Chief Rhoden's Memorandum, City Manager Cheney added in the first sentence that one of these ~trucks went to Tropical Farms District Fire Department of Martin County. City Manager Cheney told the Council that the City received informa- tion today, and Chief Rhoden has a copy, that Orange County made a survey of the problem they had. City Managar Cheney-could recollect four items that they raised questions~about~in reference to the contents of the City's recommendations. One was the question of being built piecemeal or being built altogether in one factory. City Manager Cheney said that was a concern.- Emergency One builds the whole thing right there. The second question was the comparison of the various components and cabinets, City Manager Cheney continued. He told the Council that Chief Rhoden would explain to them .the concerns they had about the samples of the cabinets which were in front of the podium. City Manager Cheney said the third point was that this company cannot directly warrantee such things as a hale pump and some other things because they are not the direct representative of some of these suppliers. Fourthly, City Manager Cheney continued, Orange County made the point that a lot of adjustments and notes ~have been made by Indiana in their bid before the economy began to change. City Manager Cheney requested Fire Chief Rhoden to comment on his feeling right now and about what he sees the problem is. Fire Chief Rhoden said when the Fire Department purchases a piece of fire apparatus such as this, they are expeCting 20 to 25 years of service and in order to get this amount of life span out of any type of apparatus, they will have to be assured that they have the one of the best established and reputable fire manufacturing apparatus manufacturers. Fire Chief Rhoden stressed that the quality has to be of the highest grade. Fire Chief Rhoden stated that they drew their specifications around just such a trUck that they thought would give them that expecta- tion. Fire Chief Rhoden said they did not know the quality of each individual manufacturer, so they required that the quarter section be sent to them from each bidder. He said there is a lot of write up on the apparatus body, but just one line stands out to Chief Rhoden. That is where is says, "Complete apParatus body shall be free from all nuts, bolts, and sharp edges." Fire Chief Rhoden told the Council there is just no comparison to the staff of the -57- MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Fire Department between those two cabinets here. held up for the Council Members to see. The cabinets were Fire Chief Rhoden pointed to hall the screws on one cabinet around ~the top when the top was held down'. He called attention to the doors and the rod rail and said everyone has put screws. Fire Chief Rhoden then showed Emergency One's cabine~, which he said was of higher quality and a better put together unit. City Manager Cheney pointed out that it was all welded and'~there were no screws. Fire Chief Rhoden added that the Fire Department does have a mini pumper at the station that they purchased from Emergency One back in 1978, and it is holding up real well. He said if any one wanted to look at it, they would not find a screw sticking out on it anywhere. Chief Rhoden emphasized that it fs just a better piece of apparatus. City Manager cheney called attention to the fact that the bid specifications called for all welding and no nuts and bolts. Chief Rhoden confirmed that was right. Vice Mayor Warnke de~ermir~d they were.steel bolts against aluminum. Councilman Wright reaffirmed that the bid requested welding and no screws and bolts. City Manager Cheney stated that was one thing; the warrantee is ~nother~ and it is the direct make that is another. He said it is also the questions they are getting'from other places that have been involved in the same thing. Councilman deLong thought some hard and fast policies should be adopted so the City could get away-from all.of this nonsense. When the Tabulation Committee makes up their minds and submits it, the Council should accept it or else. Councilman deLong felt this was a waste of time. Everybody that did not get their bids comes in with a gripe. Councilman deLong felt they should quit all of this unnecessary "stuff", as it is. crazy. Both City Manager Cheney andC~uncilmember WOolley co.mmented that the City never had this problem before. Gary L. Abbe, Sr., President, Florida Fire Equipment and Apparatus Company, 6891 S. W. 10th Street, North Lauderdale, Florida 33068 thanked the Council for their indulgence 'in their review of the bids. He stated that he was not complaining. He thoUght if he had been allowed to speak at the first part of this dissertation, they could have cleared the whole thing up. Mr. Abbe, in fact, did not think Indiana wanted to sell the truck to Boynton Beach. He requested to withdraw the bid and said it was not because of the fact they are afraid to build the truck for the City. Mr. Abbe thought with the specifications the way they were written for one company, for them or {for that matte~) any other builder in the country to build the truck for the City, they would have had nothing but problems, especially after this situation the way it has been. Mr. Abbe said they would have been nitpicking forever. Mr. Abbe thought the Council should go ahead and accept - 58 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 the bid from Emergency One, as they build a very-nice truck, and the City will probably get a good twenty years of service. Mr. Abbe added that the City would have gotten a good twenty years of service out of their truck. It is $9,000 cheaper. Mr. Abbe further said that the City has the right to buy what they want, and he thought they should be able to do so. Councilman deLong moved to accept the recommendation of the Tabulation Committee and award the bid to Dowling Fire Equipment, Inc. (Emergency One), 1433 S. W. 15th Avenue, Ocala, Florida 32674, in the amount of $99,500.00 for one new mobile quick attack vehicular unit with pump. Councilman deLong stated that he was definitely satisfied with the performance of the Tabulation Committee, their ability, fairness, and integrity. Councilman deLong felt it was about time the City adopts a policy to stop all of this nonsense of people Who do not get the bids coming in crying. Vice Mayor Warnke seconded the motion. CounCilman Wright felt it was unfortunate because it seemed that some of the concerns of Mr. Abbe were quite legitimate. He also thought they needed something that they might tailor. Like Mr. Abbe said, Councilman Wright felt it was impossible for anybody,~to bid if the "spec" is tailored to one given company in the world. Councilman Wright thought that was going to the extreme. For that reason, he was not going to support this recommendation. City Manager Cheney did not think Councilman Wright would find that the specifications were tailored to one company. He thought there were other companies that would meet those specs. Vice Mayor Warnke commented that if a certain amount of specs are put out for the City's Fire Chief and that is what he wants; .and there is only one company that can supply it, and that is the best for the City; then the City should go for that one company. Vice Mayor Warnke stated that Fire Chief Rhoden knows what he needs. City Manager Cheney informed the Council that Mr. Abbe did indicate that they could.weld all those things, but the bid said "welded." City Manager Cheney told the CounCil Mr. Abbe could have put in that they would weld all of those things. He repeated that Mr. Abbe should have done that, and that would have been one less thing out of the way. City Manager Cheney added that Mr. Abbe could have given the City a warrantee from Hale Pump Company but Hale Pump Company.will not let Mr. Abbee be their representative. City Manager Cheney reiterated that other companies could meet the specifications. A vote was taken on the motion, and the motion carried 4-1 with Councilman Wright voting against the motion. - 59 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 DEVELOPMENT PLANS Preliminary Plat Extension Request for Additional Six Months - Congress High Point (PostPoned from 7/6/82 Meeting) Councilman deLong thought the Council had communications on this and a recommendation.. He wanted to expedite the matter. Council- man deLong' called attention to.the letter the Council had from High ~oint of Delray, addressed to City Manager Peter Cheney, dated July 14, 1982 and also a Memorandum from Carmen Annunziato, City Planner, dated June ll, 1982, recommending that this be granted and outlining certain provisions. Councilman-deLong asked Mr. Annunziato whether the developer has shown any indica- tion that he agrees with the proposal and the outlay of require- ments. Councilman deLong asked if Mr. Annunziato heard fr~om Mr. Tate that he agreed to this. Mr. Annunziato replied that Mr. Tate has not really consented to the comments ~noted in his memorandum and was here to discuss them. Mayor Trauger pointed out that it was postponed until tonight so that Mr. Tate could be here. Stanley G. Tate, Developer of High Point Condominiums throughout the State of Florida, High Point of Delray Builders Inc., 5180 Nesting Way, DelraY Beach, Florida 33445, told the Council he has done approximately 2,000 units in the City of Boynton Beach by reason of High Point and the-Colonial Club Apartments. When Mr. Tate started in Bq~nton Beach approximately twenty some odd years ago, the High Point apartments started at $7,000 for a one bedroom and $9,000 for a two bedroom. He is now selling them for over $50,000. Mr. Tate moved to Delray Beach from Boynton Beach, as they ran out of land. Mr. Tate said the reason they requested an extension had to do with economic conditions of the building industry. When they made their request for an extension in January of this year, Mr. Tate recalled that they made their request for a year because they felt it would be at least a year before the market would turn. He still thinks that time frame is correct. The Council at that time, in their wisdom, stated that they would give them six months, Mr. Tate continued, and if the economic conditions did not improve they would certainly consider~reconsidering the additional six months at that time. Mr. Tate said that was the basis they were in here for. They now know that they cannot start this new development because of the condition of the home and condominium market today. He requested respectfully another six months. Mr. Tate felt that within that time frame the market will turn and, hopefully, they will be in a position to proceed with the development. Mr. Tate referred to the comments in the report of Carmen Annunziato, City Planner, that they cannot live with. Mr. Tate - 60 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 said it has to do with the huge expenditures of money for the off site work. Mr. Tare was more than willing to make them a condition of the use plan when they go ahead and do their permit and when they actually do the development. He stated that they obviously know they are going to have to spend the monies at that time and are more than willing to do it. Mr. Tate reiterated that they just cannot pay out that kind of capital today and.have the land sit undeveloped at least another six months. Mr. Tare informed the Council that everyone has approved the site plan. It seemed to him that it certainly meets all of the ordinances and the codes of the City. There have been no changes, and Mr. Tate said they only have 556 units approved on a piece of property that is zoned for over 900 units. Under the Land Use Plan~ Mr. Tate advised it is zoned for o~er '650 units. Mr. Tate thought, it was simple economics the way they are. There have been no changes, and Mr. Tate thought Mr. Annunziato, City Planner, had been requested by his Son (J. Kenneth Tate, Vice President of High Point of Delray), who is in charge of their construction, and asked whether there have been any changes. Mr. Tate reiterated that they still meet all of the requirements under the existing City Ordinances. Councilman deLong asked if the City had a performance bond. Mr. Tate replied, "No, but it will be required at such time as we come in." Councilman deLong questioned whether the requirements would be satisfied under a performance bond. Mr. Annunziato answered that there are actually two types of comments made in connection with his memo to City Manager Cheney. One concerns the bonding of improvements previously agreed to by the developer. Those are the construction of the water line on Congress and the construction of road improvements. The second concerns construction of those improvements within 360 calendar days period. Mr. A. nnunziato said the reason for those comments was based upon a significant change in conditions which has occurred over the approximately.two years or more in'which the City has been involved in the Congress High Point project in Boynton B~ach. ~pecifically, those being that there no longer is capacity on Congress and secondly (as the City Utility Director pointed oUt), the water line is now a very important part of the overall water delivery system not only to this property but to other properties. in the City particularly since the City is now about to complete the construction on a one million gallon repumping station at Woolbright and Congress. Concerning the specific water issues, Mr. Annunziato preferred that thos~ questions be referred to Perry Cessna, Director of Utilities. Basically, what Mr. Annunziato said they were saying, is that conditions have changed significantly over the approximately two years that they have been involved in the review and appr~oval of these procedures. He said there has been one reapprovai of - 61- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 the project during the preliminary plat stage. Mr. Annunziato advised that the City is trying to master plan its utilities for the project and keep it an active one and are questioning whether or not it will eventually go forward. Mr. Annunziato said it does still meet the City's Code requirements as far as site plan and plat are concerned. Councilman deLong questioned whether that would be considered an impasse now and asked Mr. Annunziato if there was any way possible that the differences could be reconciled. Mr. Annunziato answered that the recommendation is such that any of the items could be extended or deleted. It depends on how Council wants to address the issues asto whether the changes are significant or not and the ability to deliver intrastructure improvement to this development. Mr. Annunziato said the. date of construction improvements could be expanded; the requirement for bond at this point could be extended in terms of when it would come in line or if it would come in line at all; and the'Council'could grant the carte blanche extension for a number of months. Mr. Annunziato pointed out that they are still in the position where there is no capacity available in terms of roads before the developer builds his first unit, and he thought the developer should respond to that. City Manager Cheney asked Mr. Tate if he thought there was any oppo~rtunity he could make to come to some kind of agreement on some of these items. A copy of the Memorandum from Carmen S. Annunziato, City Planner, to Peter Cheney, City Manager, dated June 11, 1~982 is attached hereto and made a part hereof. (See pages 63 and 64.) Mr. Tate said they had no problem with items 1, 5 and 6. It was items 2, 3 and 4 which represent an approximate expense to them of $500,000. Obviously, .Mr. Tate pointed out, ~they are in a better position to let the Use Plan lapse and then refile for the same plan. It did not seem to make much sense to him to do it like that when everyone is satisfied with the Use Plan the way it is. City Manager Cheney reaffirmed that Mr. Tate was agreeable to items 1, 5 and 6.when Mr. Tare said, "Yes, certainly. I have no problem with that at all. It has to do with ~the economic cOnsiderations. As Mr. deLong knows, we don't use mortgage financing. Our company has always built with our own capital. We're sitting with a huge number of units now. We have no mort- gages on any of our property. We have never built with mortgages." Councilman deLong attested to the fact that they did a splendid job at Colonial Club and also, when they developed Royal Oak Hills in Boca Raton, Councilman deLong was the Mayor of Boca Raton. Mr. Tate was the Mayor of a Dade County municipality and Chairman of the Planning Board at the same time. Mr. Tate was aware of the City's problems and could sympathize. He said their problem is that they are in the same condition economically that they were in when they appeared in January. - 62 - Peter Cheney City Manager Carmen S. Annunziato ['3City Planner MEMO RAN D U M cc: ~idg., ~:ng. P~lan., Util. June 11, 1982 Congress High Point Preliminary Plat/6 Months Extension Request On Tuesday, August 26th, 1980, the Planning and Zoning Board approved the master plan for High Point of Boynton (name subsequently changed to Congress High Point) development. Follow- ing the approval of the master plan, the City Council on August 4th, 1981 approved the preliminary plat of Congress High Point and on January 5th, 1982 extended the approval of the preliminary plat for a period of six {6) months. The extension was predicated upon there-evaluation of the land value for Recreation and Parks dedication purposes and the submission of a revised bond estimate at the time of final plat approval. The Comprehensive Plan Future Land Use designation as it applies to the land encumbered by Che Congress High Point 'preliminary plat has not changed, but the conditions of the public facilities proposed to serve this property have changed significantly over the past two years~A.s a result of the delay in the development of this property, certain governmental objectives have been substantially and negatively affected. -Two areas of concern which are particularly affected by the timing of development are system availability of water and arterial roadway capacity. Concerning the master water delivery system as it applies to th%s property, you will find accompanying this memorandum a copy of a memo from the Utility Director to the City Planner. Mr. Cessna suggests a current need to complete the 16" finished water main'loop on Congress Avenue from the south right-of-way line of LWDD ~26 to the south side of.thD~ntrance to the Congress Middle School. With respect to roadwa~'dapacity, ~ the section of Congress Avenue between N..W. 2nd Avenue and Lake Ida Road is now at capacity. Given the current state of affairs as applied to the Congress High Point preliminary plat~extension request, I recommend that the extension be granted and that as a condition to. the ex- tension the developer be required to complete his previously agreed to wa=er and roadway commitments in a timely manner as follows: within 60 days of the date of the extension of the preliminary plat, the developer dedicate to Palm Beach County an additional ten (10) feet of right- of-way for Congress Avenue; __ - 63 - MEMORANDUM Peter Cheney City Manager 'f~,Carmen S. Annunziato City Planner June 11, 1982 ~ CongrEss High Point Preliminary Plat/6 Months Extension Request - 2 - 2. within 60 days of the date of the extension of the preliminary Plat, the developer submit to the City a performance bond as defined in the subdivision regulations to guarantee the construction of a 16, finished water main from the south right-of-way line of LWDD ~26 to the south side of the entrance of the Congress Middle School; 3. within 60 days of the date of the extension of the preliminary plat, the developer submit to the City a performance bond as defined in the subdivision regulations to guarantee the construction of Congress Avenue to four (4) lanes from Woolbright Road to a point 300 feet north of-the project entrance, with appropriate tapers; '4. within 36-0 days of the date of ~he extension of the preliminary plat, the developer construct the items bonded in 2 and 3 above; 5. that the land value-.for Recreation and Parks dedica- tion purposes be re-evaluated at the time of final plat submission; and, 6. that a new bond'estimate for subdivision related required improvements be provided at the time of final plat submission. CSA:mpc CC: Utility Director City Engineer - Recreation & Parks Director Carmen S. Annunzia~o City Planner MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Mayor Trauger asked~what kind of damage Mr. Tate would suffer if the City did not grant this. Mr. Annunziato replied that the damage is somewhat limited. Two things occur. The approval for the High Point Development would expire. Mr. Annunziato advised that the applicant Would have to resubmit his preliminary plat-and go through the approval procedure again, at which point Council and staff would reevaluate reapproval of the plan and whether or not it is still consistent with Code. Mayor Trauger asked what the economic costs to them would be out- Side of the initial site plan submission. Mr. Annunziato asked Mayor Trauger if he meant the economic costs if the plan expires. Mayor Trauger said, "Yes, only .if he has to refile." Mr. Annunziato estimated $150.00. Mayor Trauger stated that the major concern is he is liable t~o be out of line as far as getting sewer and water if he comes in a year later. Mr. Annunziato agreed that that potential always exists. Mayor Trauger asked if the City is holding that in abey- ance for Mr. Tare by granting that and denying all other requests that may come in while he is waiting. Mr. Annunziato advised that the City carries it as an active development accepting capacity from the City's utility system to serve their property. Mayor Trauger asked what advantage it was to the City to hold it in abeyance for Mr. Tate and to deny any other who comes to annexation or this point. Mr. Tate's only comment was that obviously, they could not compete with annexation because that would be an additional load onto the City's existing utility plant. With regard to those areas that are already in the City, Mr. Tate did not think that was any problem because the City has sufficient capacity to serve them. Obviously, if the City considers the annexation of 1,000 acres somewhere; there is no way that they could beat it, Mr. Tate continued. The only thing Mr. Tate could tell the Council. was, !'You people know.us. You know us well. You know what kind of product we deliver. We are faced with a situation as many of the larger' builders are. We never run away from our problems, and we just are not in a position to undertake a financial burden at this time. We knew about it when ~we made our original request, and we knew that we would need a year. We think that the year is strong enough. We were told to come back in six months and make a determination of what the market conditions are. They are worse now than they were six months ago." Mayor Trauger disagreed, stating that the market today is the best it has ever been. Mr. Tate told him he was talking about the stock market. Mr. Tate thought the trend of the market was certainly indicative of a much better housing market in the very near future. What Mr. Tate was looking for was the additional six months that they MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 asked for originally. Hopefully, Mr. Tare said, this Council will see in their~wisdom that this is a big development - High Point in the City of Boynton Beach, in the City of Delray Beach, in the City of Fort Pierce, and in the City or Orlando. Mr.· Tate advised that the areas in which they have built have always been proud of that kind of a product. He stated that he has been a licensed general contractor in the State of Florida for 35 years and his State licenses are now in the hundreds of thousands. City Manager Cheney noted that Mr. Tate agrees to items. 1, 5 and 6 of Mr. Annunziato's memorandum now. He asked that if he gets to developing in the next six months that they wOuld comply with all of these other things - water line, sewer line, construction of Congress Avenue. Mr. Tare replied, "We would comply.with. Absolutely. Absolutely." City Manager Cheney told Mr. Tate he was saying, for the record, that he would do all of those things without any question when they come up. Mr~ Tate replied, "With- out any question." Councilman deLong asked if that should be in the form of a motion. City Manager Cheney said Mr. Tare was guessing six months. Mr. Tate explained, ,Such time as we come into final approval. That would be a requirement." Councilman deLong asked City Manager Cheney if he desired a written agreement. City Attorney Vance adVised that he thought Mr. Tate's statement on the record is probably sufficient in this particular instance. However, City Attorney Vance pointed out, he does have a qualifier in there at such time as they come in for a final plat approval. Mayor Trauger. underStood that he was supposed to come in for final Plat approval within six months. City Manager Cheney thought the Council should consider not going more than six months. He said they may have to decide again six months from now. City Manager Cheney explained that the problem is with such a vital area as Congress Avenue. City Manager Cheney commented that the development is good but the City has a hole in Congress Avenue, and that is the problem the City has to somehow address. City Manager Cheney suggested an extension for a few more months until they could see what happens with the turn of the year (November through February) and let Mr. Tare revisit the Council again and see what happens then. City Manager Cheney reminded the Council that they had t'his on record and Mr. Tate said he would do all of those things. Six months from now, it may be a much worse situation, and the City will want to say, "That's it. we just can!t leave this hole in Congress Avenue." Mr. Tare assured the Council that he would not be back six months from today asking for another extension. He asked the Council to give him until February 28th or March 1st. Councilman deLong asked Mr. Tate if paragraphs 1, 5 and 6 were the ones he would comply with. Mr. Tate answered, "1, 5 and 62"- - 66 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Councilman deLong moved to grant High Point of Delray ~Builders, Inc. an extension of six months astor today (August 17, t982).it and High Point of Delray Builders, Inc. will comply with paragraphs 1, 5 and 6 of the City Planner's Memorandum of June 11, 1982, as recommended by City Manager Peter Cheney. The motion was seconded by Vice Maybr Warnke ? and carried 5-0. Consider Extending Approval of Site Development Plans for Park Crest Apartments for an Additional TWelve Months City Manager Cheney asked Carmen~.Annunziato, City Planner, if there were any comments. Mr. Annunziato advised that the comments were "very nice", and the project is u~der construction. He said it was recommended that the applicant's request be approved. Councilman Wright moved, seconded by Councilmember Woolley, that the applicant's request for extending approval of the site develop- ment plans for Park Crest Apartments for an additional twelve months be granted. Motion carried 5-0. Lee A. Walker, President, Lee A. Walker Company, SMite 1, 199 N. W. 28th Street, Boca Raton, Florida 33431 asked when the 12 months would be. He asked if it would be from January 5, 1981, or could it be like until July of 1983. Mr. Annunziato advised that the site plan was approved on January 5, 1981. The permit was secured by the 25th of January, 1982, Mr. Annunziato .said that permit is now expired, which brings them back to the site plan and the expiration of that. In order for it to be consistent, Mr. Annunziato felt it should run through wi~h dates that were previously put on the record, which would be January of 1983, at which time Mr. Walker should renew his permit. Mayor Trauger said Mr. Walker would have to renew his permit for January of 1983. Vice Mayor Warnke pointed out that the permit expired. Councilman deLong stated that it was permitted on January 25, 1982 and repermitted on April 21, 1982. Mr. Walker informed the Council that he lives in Boca Raton and is the developer of the Park Crest. He said they originally bought the land to become part of the Four Seasons. The Four Seasons (98 units) thought that they would be cumbersome with the Four Seasons' recreation facilities etc. so they took a 'straw vote and did not vote Park Crest in. Mr. Walker said they had no alternative other than to turn to a development of their own. Mr. Walker continued by saying they cooperated with Carmen Annunziato, City Planner, and got.the streets finally figured out (who owns what and whatever) and were granted "this" on January 5, 1981 unbeknownst to Mr. Walker that this was a year grant. In December 'of 1981, Mr. Annunziato called Mr. Walker and said, "You know you have until January 15th to pull a permit, "and Mr. Walker did not realize that. With economic times the way they were . 67- iiI MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 and interest up to 20% or whatever, Mr..Walker thought if he had to ~pull a permit, he guessed he would have to pull a permit. Mr. Walker applied for a permit, knowing that he could get a three months' extension. The Government kept telling~ everyone that Spring of 1982 is going to be better, but Mr. Walker said it has not turned out. Mr. W~lker told the Council that he has $4,000 now in a permit that he cannot do a thing with. He knew it was not the City's fault. Mr. Walker felt that he did not know that this was a one year plat or development approval. He tried to work with the Palm Beach Housing Authority to get low cost money. Because he has 12 units there, he does not qualify to become part of their Housing Authority's money. Mr. Walker expressed that he would feel much more comfortable if the Council could see their way to letting Park Crest Apartments extend this until July of next year. He thought by then things should have turned well enough and, hopefully, sooner than that they can start. As soon as he can get decent cost money, Mr. Walker stated he will. Councilman deLong asked Mr. Walker if he built the librarY and the south Fire Station. Mr. Walker replied that he did. Council- man deLong informed everyone that Mr. Walker built the south Fire Station and the library. Mr. Walker answered, "That's correct." Councilman deLong commented, "I gave you a hard time, didn't I?" Mr. Walker replied, "Well, we had our times." Mayor Trauger asked Mr. Annunziato when twelve months would be. Mr. Annunziato replied twelve months would be January 5, 1983. Eighteen months would be July 5, 1983. Mayor Trauger~.said twelve ~onths was the motion. ~'COun¢ilman deLong said new developments want to stay in business. Mr. Walker stated that they.need some help. City Manager Cheney urged the Council to give them eighteen months if they could, as he is in a difficult spot. Councilman Wright supported the suggestion to grant Mr. Walker an extension of eighteen months, which would be until July 5; 1983. Council- member Woolley, who seconded the .original motion, also agreed to changing the motion to allow an extension of eighteen (18) months. A vote was taken on the motion, and the motion carried 5-0. Modified Site Development Plans submitted by Robert D. ~hapin for the St. Andrews Club to construct additions to the Clubhouse and Kitchen and a request for joint allocation of-required parking Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and approve the Modified Site Development Plans submitted by Robert D. Chapin for the St. Andrews Club to construct additions to the clubhouse and kitchen and the request for joint allocation of required~parking. Vice Mayor Warnke seconded the motion. No discussion. The motion carried 5-0. - 68 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 LEGAL Ordinances - 1st Reading None. Resolutions Proposed Resolution No. 82-BBB Re: Petition Board of County Commissioners to develop appropriate mechanism to comply with Section 125.01 (6) (a) and (7) Florida Statutes - Double Taxation (Substitute for Resolution No. 82-YY Adopted July 6, 1982) City Attorney Vance read proposed Resolution No. 82-BBB by title only: "A RESOLb~fIGN OF THE CITY COUNCIL OF THE CITY OF BOYNTCN BEACH, FLORIDA, IDENTIFYING SERVICES RENDERED BY PALM BEACH cOUNTY ~qICH PROVIDE NO REAL AND SUBSTANTIAL BENEFIT TO PROPERTY OR RESIDL%VfS WITHIN THE CITY OF BOYNTCN BEACH AND WHICH ARE FINANCED FR~M COgNTYWIDE REVENUES AND ~D I~LOREM TAXES; PATITIONING THE BOARD OF COUNTY ~SSIfAKKRS OF PAIM BEACH CCgNTY, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES PURSUANT TO SECTION 125.01(6) (a) AND (7), FLORIDA STATUTES";. DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY 'OF THIS RESOLUTION TO THE BOARD OF COUNTY CC~4~ISSIONERS OF PAIM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." Councilman deLong moved the adoption of propOsed Resolution No. 82- BBB., seconded by Councilmember Woolley. At the request of Mayor Trauger, Mrs. Tereesa Padgett, City Clerk, took a roll call vote: Councilman deLong Mayor Tr.auger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-CCC Re: Authority to sign and execute checks, etc. for the Firemen's Relief and Pension Trust Fund and Pension Trust Fund City Attorney Vance read proposed Resolution No. 82-CCC by title only: "A RESOLUTION OF THE CITY OF BO~ BEACH, FLORIDA, DESIGNATING THE APPROPRIATE OFFICIALS 'TO BE AUTHORIZED AND EMPOWERED TO SIGN AND ISSUE CHECKS, ET CETERA AS OUTLINED HEREIN, FOR THE FIPd~4~N'S' RELIEF AND PENSION TRUST FUND OF THE CITY, IN ACOORDANCE WITH THE' PROVISIONS OF CHAPTER 175 OF I~E FLOR/DA STATUTES; PROVIDING A - 69 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA -AUGUST 17, .1982 REPEAL CLAUSE: AND PROVIDING AN ~IVE DATE." Councilman~.deLong moved ~the adoption of proposed Resolution No. 82-CCC, seconded by Vice Mayor Warnke. When Vice Mayor Warnke came into office, he thought there were two funds he signed signature cards for. Vice Mayor Warnke asked if they were invalid now. He remembered distinctly signing signature cards. City Manager Cheney advised that Vice Mayor Warnke probably signed them. There is a new name on the Resolution, so they will resign them. City Manager Cheney said the Secretary of the Fire- men's Fund is the name that has been added. A roll call vote was taken by Mrs. Padgett, as requested by Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion c~rried 5-0. Proposed Resolution No. 82-DDD Re: Authority to sign and execute Checks etc. for the Municipal Police Retirement Fund City Attorney Vance read proposed Resolution No. 82-DDD by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH,, FLORIDA, DESIGNATING THE APPROPRIATE OFFICIALS TO BE AUTHORIZED AND ~MPOWERED TO SIGN AND ISSUE CH~CKS, ET CETERA, AS OUTLINED HEREIN,. FOR THE ~ICIPAL POLICE RETIREMENT FUND OF THE CITY, IN AOCORDANCE WITH THE PROVISIONS OF CHAPTER 185 OF THE FLORIDA STATUTES; PROVIDING .A REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Councilman deLong moved to adopt proposed Resolution No. 82-DDD, seconded by Vice Mayor Warnke. No discussion. Mrs. Padgett took a roll 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. Other - 70- MINUTES - REGULAR 'CITY COUNCI~ MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Questions as to Status of R.esplutions or. Ordinances - Requested by Mayor Walter "Marty" Trauger Mayor Trauger asked if the City's proposal got to City Attorney Vance for taking the County to task on the road-and b~idge funds and the starting of or joining in any other suits. City Manager Cheney advised that is proceeding under the leadership of George Frost, Town Manager, Town of~ Palm Beach, and City Manager Cheney believed the Council Would get a ~opy of a-letter he wrote to George Frost saying the City of Boynton BSach supports, will go ahead, and assume he will be the leader with their-attorney. Mayor Trauger wanted to make sure the City is proceeding on that. City Manager Cheney assured him the City is. Mayor Trauger staged that yesterday he got a suit where the City is ~j~ined With Allen Clark, TaXCollector, Palm Beach County, on a suit ~.!ating to Personal property assessments. City Attorney Vance advised ~hat they would proceed. Cumberland Farms Mayor Trauger asked where the City stands on Cumberland Farms, as he thought that was to happen in August. City Attorney Vance believed it was scheduled for next week. City Attorney Cheney thought it was next Tuesday (AugUst 24, 1982). Councilman Wright asked what time it would come up. City Attorney Vance was not sure of the schedule, as Assistant City Attorney Wolf is the Attorney for that. Mayor Trauger asked if the Council had to be there. City Attorney Vance answered, "No." Councilman deLong added, "Unless you are subpoenaed." Mayor Trauger advised that they were subpoenaed initially. City Attorney Vance informed him that the City Attorney's office got the Council released sometime back. Sign Ordinance Mayor Trauger referred to the "little fish signs", and asked where the City stands on this. City Attorney Vance did not have a report on that yet. Mayor Trauger asked what it would take to get this in motion. City Attorney Vance replied that it would take some effort on his part, which he has not put in. Mayor Trauger asked, "May we move yom expeditiously-so we have this for the next meeting?" City Attorney Vance d~t~edthese were the signs on trucks. Councilman deLong told City Attorney Vance he should expedite that because instead of one sign last week, one outfit had two vans up there. Mayor Trauger asked City Attorney Vance if they could have i% by the next Council meeting. City Attorney Vance was not sure. The problem he encountered is they will have to do a fair amount of research on this particular item. Councilman deLong recommended City Attorney Vance get a copy of Boca Raton's Sign Ordinance as they have a very good one. City Attorney Vance advised that it - 71 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 is not the drafting of the language. Mayor Trauger asked, "When would you say that we would have this, Mr. Vance?" City Attorney Vance answered that they may have it by the next meeting; if not, he believed they would have it by the meeting following that. Letter from Cemetery Board Mayor Trauger referred to a letter from the Cemetery Board trying to protect the funds of the Cemetery if the City Council did not do away with them and use them all up. City Manager Cheney informed the Council that they are in the process of researching that. Mayor Trauger noted that it has been going on for about a month. He asked if they had it to the City Attorney yet for an opinion. City Manager Cheney said they have discussed it with the City Attorney and are reviewing and researching records to.see if that isn't the existing situation already. Mayor Trauger asked when they could have that. City Attorney Vance replied that he needs additional material. Mayor Trauger-asked when they would have it. City Attorney Vance answered, "As soon as I get the material, I will get on it." Mayor Trauger asked City Attorney Vance if he would settle on a month from today. Councilman Wright thought a month would be good~ City Attorney Vance expressed his thanks. Ordinance Combining Trash and Garbage Mayor Trauger announced that an ordinance combining trash and garbage is pending so the City can start that whole program October 1st. He asked Where the ordinance is. City Manager Cheney replied that they may have it at the next meeting, and they may not. He noted they would have to have it by the next meeting for October 1st. Mayor Trauger recommended they aim to star~ the program 'by October 1st. City Manager Cheney informed him they were aiming for that but the drafting of the ordinance, getting it prepared, and having two readings may or may not work out. Mayor Trauger argued that they have their trucks on hand-- and have been doing this for about six or seven months. Councilman Wright thought it would take priority. Vice Mayor Warnke pointed out that they originally planned for July and August. Mayor Trauger said it was supposed to start in July or August but he thought they should start it no later than October 1st so that when all the "snow birds" get back here, they are in the swing of this. City Manager Cheney commented that they could give up Union negotiations and all of those kind of things and get that done. He agreed-with the Council tha~ they should get it started and said he would try to have it fo~ them by the next Council Meeting. City Manager Cheney promised he would have it for them by the next Council Meeting regardless of the condition it is in. Councilman Wright thought these were being delegated, and one department head was working to sort of get with the City Attorney to finalize - 72 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 that for City Manager. Cheney's review and approval. City Manager Cheney informed Councilman Wright that he is reviewing it and doing .some rewriting to it because he thinks it is necessary and will get it to the Council. Pickup of Trash Councilman Wright called attention to some citizens! complain.~stonight regarding the pickup of trash in some of these neighborhoods, how some people are doing, and that this might prol~bit the Ordinance on Trash and Garbage might prohibit them from doing these things. OLD BUSINESS Discussion of Preparation of Development Plan fore-Boat Club Park and Authorization of Concept Desiqn Contract Councilman Wright had a question about a Planning Consultant for development of a master plan.. He asked if the City had to go to that extent or can the staff do it. City Manager Cheney said the history of this is that they propose to the Council that they have a conceptual design done by a recreation planning firm, particularly the same firm that worked for the City on the beach project. It was the desire, and City Manager Cheney thought properly so, that the City have some local input into the ideas as to what should happen to the boat club park. when~the City went through that process, City Manager Cheney said it was a very positive process and there was a lot of participation (which was talked about in budget review), a lot of ideas, and a lot of suqgestions (both as to facilities and to operation improvement). In addition to the good ideas, City Manager Cheney informed the Council, the City got input. City Manager Cheney said they got participation. They got the citizens involved, and the citizen knew that the City wanted to hear what they said. City Manager Cheney recommended that the Council take these ideas, hire a Recreation Consultant who has done recreation planning in the parks like this, that they bring into the City some additional ideas as to how they meld all of these things together. City Manager Cheney continued by saying they would tell the Consultant that they would tell him,. !'Hey, these are what we want to do." He said there may be some other things to go on there too. City Manager Cheney told the Council that the City wants to try to get these things in there in a reasonable arrange- ment and a productive arrangement and then bring that plan back to the City Council and they would decide whether they like it or not. He said ~they may add some things to it, and then the City would pick out those projects that they want to get on with. City Manager Cheney thought they could get it done a lot faster - 73 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 that way, and he thought it would be helpful to all of us if they bring in some outside design talent. Vice Mayor Warnke suggested, "Possibly that coUld be done in maybe a three stage plan with the priority items like the rest rooms, and then maybe three stages. This would be priority. How much it would cost if you add on the second, if you add on the complete. Then we could pick the priorities of how much that'would cost if we want to add on some extras~" City Manager Cheney stated that he thought the~Council would have to participate in the priority selection too, so he~hought anything that came forth would be an initial suggestion of ~priority but obviously, the real priority has to come from what the~City Council thinks about this first, second, and third. City Manager Cheney agreed with Vice Mayor Warnke that it makes sense and helps to get the discussion started. Vice Mayor Warnke thought the restrooms and boat ramps were the priorities. In reading the report, Councilman deLong~was quite interested in the fact that a lot of the municipalities stated they did not charge any fee. He said you have to take into consideration the reason why most of those to the north and .some to the south do not charge any fee, they do not have the traffic Boynton Beach has because the City of Boynton Beach is opposite the inlet here. A lot of them would rather come down the highway and park. Council- man deLong went over there on a Saturday and a Sunday, and you could not even get a place to park all the way up to the Federal Highway. Councilman deLong estimated that 95% of those people were transients.. Councilman asked how much a Planning Consultant would be and-if it would go out to bid. City Manager Cheney answered, "No. We would use the firm that we used for the beach, and we would sign a contract not to exceed $4,900." Councilman Wright asked if it had been budgeted already for this year's budget. City Manager Cheney replied, "Yes." Councilman Wright determined that the City has money to do this. Councilman deLong asked how much they thought it would be. Mayor Trauger informed him it was $4,900. Councilman Wright commented that the City just wants a completely well planned park with all of the amenities, everything, and landscaping. City Manager Cheney added, "All that we can get on that piece of land, obviously relating to water and to the inlet, because that's the big demand for ito Councilman deLong moved to engage the Consultant as recommended by City Manager Cheney for a fee not to exceed $4,900 for the devetopr ment of the Boat Club Park. The motion was seconded by Councilmember Woolley and carried 5-0. - 74 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 NEW BUSINESS Review Recommendation of Parks & Recreant.ion Board for name of 3.0 Acre Park Mayor Trauger referred to the memorandum of Charles C. Frederick, Recreation & Park Director,. dated August 11, 1982, addressed to P~ter ~L. Cheney, City Manager, ~wherein he recommended that it be called "CONGRESS AVENUE COMMUNITY PARK OF BOYNTON BEACH", dedicated to Tereesa Padgett. Vice Mayor Warnke moved ~o approve the name submitted by the the Parks & Recreation Board and name the 30 Acre Park "CONGRESS AVENUE COMMUNITY PARK OF BOYNTON BEACH", dedicated to Tereesa Padgett. Councilman deLong seconded the motion. Councilmember Woolley liked the second part of the motion but thought the first part was "a real mouthful." Councilman Wright agreed and said he did not like all "that long stuff." Councilman deLong said it should be Tereesa Padgett on the top and indicate in small letters the name of the park. Councilman Wright thought "Padgett Park of Boynton Beach" would be simple enough. Vice Mayor Warnke was at the meeting, and the committee felt they wanted to get Congress Avenue in there; they wanted to get Boynton Beach in there; and they wanted to get the connation of a community park; so they gave the City ~this mouthful. Vice Mayor Warnke felt that in the future it will be-called Congress Avenue Park by anyone that wants to go out there. Mayor Trauger thought they were going to call it "Tereesa Padgett Park." Councilman Wright wondered where the'other names came from. Councilman deLong said the Board was appointed to do the job, an~ khe~.CoUncil should now accept and thank them for the.recommendation. Councilman Wright wanted to know why Vice Mayor Warnke had hiS three different names. Vice Mayor Warnke replied that they asked for three different choices. Vice Mayor Warnke explained that everybody submitted three different choices, and the Board made their own decision. Councilmember Woolley added that anybody could have submitted names. Councilman Wright commented, "But yours were better than what they came up with." Councilman deLong advised that it was fair. Vice Mayor Warnke said no one knew who submitted the names. A vote was taken on the motion, and the motion carried 4-1 with Councilman Wright voting against the motion. Councilman Wright stated that he did not like the name of the park. ADMINISTRATIVE Councilman deLong asked City Manager Cheney if the next two could be taken at one time. City Manager Cheney replied they could. - 75 - /- / MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Consider Application for Taxi & Limousine Service Lysander, Inc. d/b/a Lysander Limousine Service 23379A S. W. 55th Way Boca Raton, Florida 33433 e Finn Cab, Inc. 821 S. Dixie Highway. ~- Lake Worth, Florida 33460 Councilman deLong asked if there were any objections to the appli- cations. There was no response against the applications. Councilman deLong moved to grant the applications, seconded by Councilmember Woolley. No discussion. Motion carried 5-0. Consider Appointments to Code Enforcement Board 1. Dick Lambert's term expires September 2, 1982 2. Leonard R. Mann's term expires September 30, 1982 Councilman deLong moved that both Dick Lambert and Leonard R. Mann be reappointed because he observes their activities when he attends the meetings and he.thinks they are doing a worthwhile job. The motion was seconded by Councilmember Woolley. City Manager Cheney advised that they were three year terms. The motion carried 5-0. Board of Adjustment Appointment - requested by COuncilman deLong Councilman deLong stated that they had received a resignation for immediate action. At this time, Councilman deLong thought Council- man Wright had a candidate. Councilman deLong moved to open the nominations, seconded by Councilman Wright. Motion carried 5-0. Councilman Wright nominated George Ampol, who presently serves as an Alternate Member and served formerly as a Member. Council- man Wright stated that Mr. Ampol has had quite a bit of experience on this Board. Councilman deLong moved, seconded by Councilmember Woolley, that the nominations be closed and that George-AmpUl be appointed~ by acclamation. Motion carried 5-0. Boynton Beach Housing Authority Councilman deLong moved that the nominations be open f~r the Boynton. Beach Housing Authority, seconded by Councilmember Woolley. The motion carried 5-0. Councilman Wright placed the name of Stormet Norem for nomination. He placed a copy of Mr. Norem's resume in the Council Members'~boxes. - 76 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1982 Councilman deLong thought it was a splendid'appointment. Councilmember Woolley moved, seconded by Councilman deLong, that the nominations be closed. Motion carried 5-0. Vice Mayor Warnke moved, seconded by Councilman Wright, that Stormet Norem be appointed by acclamation to the Boynton Beach Housing Authority. Motion carried 5-0. Two Bills - Requested by .City Manager Cheney City Manager Cheney added the following bills for the Council to approve: "20. M~tric Engineering~ $ 3,150.00 N. E. 10th Ave. & Cherry Hill Improvements Pay frcm General Fund 001-000-115-87-00 Funds reimbursable frcm Palm Beach County 21. Edward D. Stone, Jr. & Associates Public Beach Project Pay from General Fund 001-000-115-97-00 10,800.00 Councilman deLong moved that the billS be paid as recommended and submitted by City Manager Cheney. The motion was seconded by Councilmember W.oolley. No discussion. Motion carried 5-0. ADJOURNMENT Councilman deLong moved, seconded by Councilmember Woolley, to adjourn. The motion carried 5-0, and the meeting adjourned at 11:10 P. M. Councilman ATTEST: Recording Secr.e~y (Four Tape s ~/ .CITY OF BOYNTON BEACH Vice Ma~or ~ · Counci l~emb e - 77- AGENDA AUgust 17, 1982 ~page ADDENDUM TO C~UNCIL MIN. OF 8/17/82 - see p. 42 ADMINISTRATION Approval of Bills: Allied Universal Corporation Chlorine for Water Treatment Plant and Chlorine Gas Cylinder Pay from Water & Sewer Rev 401-332-533-30-65 $ 1,909.71 Board of county Commissioners County Landfill for month of July, 1982 Pay from General Fund 001-341-534-40-9A 17,956.00 e ~ldwell~ Pacetti, Barrow & Salisbury 12,501.59 For Legal Services rendered : 8/11/81 3,601.42 (JW) Place v City case 8/11/81 1,856.47 (JV) Drexel v City case 9/24/81 7,043.70 Wm. McCoy & Mary McCoy v City case Pay from General Fund 001-141-514-40-61 0 City. of Boca Raton Cooperative Dispatch Center--Third Quarter--1981/82 Pay from General Fund 001-211-521-40-79 63,963.75 Dept. of Health & Rehabilitative Services Payment 4 of 4 - Contract 09A-1889 Florence Fuller child Development Center Per Council action September 1, 1981 Pay from Federal Revenue Sharing 320-641-564-40-5A 1,050.00 Florida. Diesel Truck & Industrial Inc. Parts & Labor Sanitation Truck %61 Pay from General Fund 001-193-519-40-32 9,828.94 IBM Corporation System 34 Rental for August, 1982 Pay from General Fund---Various Accounts 6,859.19 Se IBM Carpora~ion.. Monthly Charge Copier III, Model 40 8/1/82 to 8/31/82 Pay from General Fund 001-194-519-40-22 1,113.00 COUNCIL APPROVED: Meeting: -2- 10. 11. 12. 13. 14. 15. 16. 17. K~lt~n & Associates Payment No.1 & No.2 for Professional Services regarding Double Taxation Study. Pay from General Fund 001-121-512-40-68 1,438.00 Lassiter Construction Application %2 For 30 Acre Park Phase One - Tennis Center Pay from Federal Revenue Sharing 320-000-247-85-00 122,211.00 NalCgChemical Co. For Nalco i Liquid for Water Treatment Plant Pay from Water & Sewer Revenue 401-332-533-30-65 10,541.13 Nep%.une Meter Company Meters for Water Distribution Pay from Water & Sewer Revenue 401-333-533-60-51 6,261.50 John P. N.iebel concrete slab for Basketball Court for Pence Park Pay from General Fund 001-000-115-88-00 Per bid 5/25/82, Council Approved 6/1/82 4,700.00 Russell &Axon Professional services rendered on various projects. Pay from following accounts: 403-000-169-01-00 32,520.00 403-000-220-67-00 2,500.27 Account 220-67 reimbursable from P.B. Co. School Board 35,021.26 South Central Regional Wastewat.er Treatment Board Services in the treatment & disposal of wastewater for the month of July, 1982. Pay from Water & Sewer Revenue 401-353-535-40-9I 53,680.00 Undergroun~ SuDDi¥ Co., Inc. Parts & Supplies for L-24 Canal Project Pay from Utility General Fund: 403-000-169-01-00 16,666.97 403-000-169-11-00 16,666.96 Work approved by Council 4/6/82 33,333.93 Water Resources Corporation Sumo submersible turbine pump plus cable & pipe For Water Treatment Plant Pay from Utility General Fund 403-000-169-01-00 5,719.21 COUNCIL -3- 18. 19. 20. 21. Isiah .Andrews Driver for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance 973-15, passed 5/15/73 2 wks. 320-641-564-40-5A Willie Ruth McGrad¥ Server for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance %73-15, passed 5/15/73 2 wks. 320-641-564-40-5A Metric Engineering N.E.10th. Ave. & Cherry Hill Improvements Pay from General Fund 001-000-115-87-00 Funds reimbursable from Palm Beach County Edward D. Stoner Jr. & Associates Public Beach Project Pay from General Fund 001-000-115-97-00 140.40 134.40 3,150.00 11,677.50 The bills described have been approved and verified by the department heads involved; checked and approved .for payment by the Finance Department. Grady W. Swarm, Finance Director I therefore recommend payment of these bills. COUNCIL APPROVED: Meeting: