Minutes 04-20-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 20, 1982
PRESENT
Walter "Marty" Trauger, Mayor
Joe deLong, Councilman
Patricia Woolley, Councilmember
Samuel Lamar Wright, Councilman
Peter L. Cheney, City Manager
Tereesa Padgett, City Clerk
Manley P. Caldwei1, Jr.,
Assistant City Attorney
ABSENT
James Warnke, Vice Mayor (iExcused)
Mayor Trauger welcomed everyone and called the meeting to order at
7:30 P. M. As Rev. Jerry Dortch,. Associate Pastor, Faith Taber-
nacle Church was not present, Mayor Trauger gave the invocation,
followed by the Pledge of Allegiance to the Flag, led by City
Manager Peter Cheney.
Mayor Trauger introduced Manley P. Caldwell, Jr., Assistant City
Attorney, of the law firm of Caldwell, PaCetti, Barrow, and
Salisbury, 32'4 Royal Palm Way, Palm Beach. Mayor Trauger informed
everyone that Attorney Caldwell's wife was the smartest accounting
student Palm Beach Atlantic College has ever had.
AGENDA APPROVAL
Councilman deLong wished to add an announcement, which would be
No. 3 under "E. Announcements". He requested the front office to
move X. ADMINISTRATIVE, C." and now requested that it be moved up
to "VII. LEGAL, D. Other." and that "C, under "X. ADMINISTRATIVE" be
deleted. Under "VII. LEGAL, D", Councilman deLong added "Auxiliary".
City Manager Cheney requested the addition of "4" under "E. Announce-
ments,'' and Councilmember Woolley added "5" under "E. Announcements."
Councilman deLong moved that the Agenda be adopted with the
additions, seconded by Councilman Wright. Motion carried 4-0.
ANNOUNCEMENTS
Youth in Government Day, April 28, 1982, Mock Council Meeting,
7:30 to '8:30 P. M.', City CounCil' Chambers
Mayor Trauger made the announcement, He said all elected or appointed
school officers will meet in the Council Chambers for greetings, and
then the students will start their respective offices.
Proclamation - American Business Women"s Scholarship Month -
May, 19'82...
Mayor Trauger read the Proclamation.
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Mayor Trauger announced that Vice Mayor Warnke is on vacation in
the Caribbean. Vice Mayor Warnke had a previous commitment and
could nOt Change it before he assumed the office of Vice Mayor.
Announcement - requested by Councilman Joe de'L'ong
Councilman deLong requested Mayor Trauger to read the announcement.
Mayor Trauger announced that-CoUncitm~sr~. Pat Woolley hasl b~n
appointed the Vice President of the Palm Beach County League of
Municipalities. He said it was quite an honor for Boynton Beach to
have her appointed, and he congratulated Councilmember Woolley.
Councilmember Woolley said she i~ 16okin~ forward to that.
Mayor Trauger also announced that Mr. Perry Cessna, Director of
the Utility Department, had been awarded by the National Clay Pipe
Institute the National Award for the promotion of municipal
utilities equipment, Mayor Trauger stated that the award would be
made in Washington, D. C. this ThUrsday (April 22), and the City
is honored with the outstanding service of Perry Cessna.
Announcement - requested 'by City Manager Peter Cheney
City Manager Cheney announced that the City was going to try this
year, on the week of May 4 through 7t~ and would have a Proclama-
tion at that Council Meeting, what they consider "Better Water
for People Week. City Manager Cheney said it was obviously a water
promotion, conservation, water system kind of promotion. The City
is planning to have open house at the Water Plant one day of that
week. Mr. Cheney said Bob Kenyon, the City's new Water Treatment
Plant Supervisor, is planning this. The City has never done it
before, and it~is hoped and anticipated that many citizens will take
advantage of touring the plant that week and fin~ing what happens
behind the walls of that big building on Seacrest and Woolbright,
learning about the Water Plant process, the treatment process,
the laboratory the City has there, and what the City,s plans are
for improving the treatment and the City's plans for the new water
treatment plant. City Manager Cheney said more publicity and
invitations w~ll be sent out, but he wanted to announce it ahead
of time so that people could anticipate and plan to come to the
Water Plant during the open house that week~ Councilmember Woolley
asked what the date would be. City Manager Cheney said it would
be the first week in May (May ~t~ through the 7th). He asked
Perry Cessna, Utility Director, when the open house would be. Mr.
Cessna said it would be Wednesday, May 5, 1982.
Mayor Trauger made a presentation of a gift of flowers to Pat
Ramseyer, Recording Secretary, who has served the Council and the
City Boards so well. The flowers were from the Mayor, the City
Council, and all of the Advisory Boards. Mrs. Ramseyer was very
surprised and expressed her thanks. Although the flowers were
given to Mrs, Ramseyer, Mayor Trauger said ±t was symbolic of
National Secretaries Week, and as their thanks to all of the secre-
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
taries who labor long in the City in its various departments; it was
to express the appreciation from the Council for their very fine
work.
Announcement - requested by Councilmember WooTley
Councilmember Woolley announced that Ernst and Whinney had invited
her to the second annual seminar for Professional Women, which is
on May 13th. Councilmember Woolley wished to go on behalf of the
City. She said the seminar would cover burn out and~stress, manag-
ing quality for survival, and retirement plans,' all of which
Councilmember Woolley thought were quite~£itting for a job such as
hers. Councilmember Woolley stated there did not appear to be any
cost, and it would be at the Hyatt Hotel in West Palm Beach,
She said she would relay any information back to Council.
Mayor Trauger said the City would appreciate it if Councilmember
Woolley would attend~for them.
MINUTES
City Council Meetin'g Minutes' of' April '5, '198'2
T~BLED
Councilman deLong, moved to take the question from the table,
seconded by Councilmember Woolley, Motion carried 4~0.
Councilman Wright moved the adoption of the Council Meeting Minutes
of April 5, 19.82, seconded by Councilmember Woolley. Motion
carried 4-0.
City Council Meeting Minutes of April 6, 1982
Councilman deLong moved to. adopt the minutes of April 6, 1982,
seconded by Councilmember Wootley. Motion carried 4-0.
PUBLIC AUDIENCE
Mayor Trauger'stated if .anyone in the audience would like to speak
on any item that is on the agenda, to please come forward and give
their names to Tereesa Padgett, City Clerk. .Anyone in the audience
who would like to speak on any item 'that is not on the agenda,
they may come forward now, give their names to the City Clerk, and
she will call them in sequence to speak.
Nick Cassandra, 2554 S. W. 10th Court, Boynton Beach, asked City
Manager Cheney if this item was on the agenda, and Mr. Cheney had
advised that it should be presente~ now.
Mr. Cassandra planned the presentation on April 6th but at that
time, there seemed to be a very hurry up ~April 7th court date for
the bond issue. Since they now had the luxury of time, Mr.
Cassandra wanted the Council Members to consider the financial
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
structure and maybe change it a little fOr the benefit of the
citizens of Boynton Beach.
For the record, Mr, Cassandra was not criticizing City Manager Cheney
or his departments, but he asked the Council if it should not
consider how much the golf bond issue should be. Mr. Cassandra
told the Council Members he was not advocating, should they, or
should they not guarantee the bond, -as' that issue has already
been decided upon.
Mr. Cassandra'.s main concern~ was that the City consider the best
program for the citizens of Boynton Beach. Mr. Cassandra wished
to expand on one of Mayor Trauger's themes for this year, which
was "Cost~e~s~s%%Be~efit~ Derived", or saying it another way,
"Let's get the most for our money." With this thought in.mind, Mr.
Cassandra asked the Council Members if the proposed bond structure
has the least effect on t~e City' services.
Mr. Cassandra presented, for the Council MemberS~ consideration,
some simple calculations proposed by City Manager Cheney. Mr.
Cassandra was using the same, so they could compare apples and
apples,
Mr. Cassandra said- the City would ~row $4,000,000 00'at 16% for
23 years, the debt would be$66i,8~%~ar~ ~4 ~00,006.00 at 13% for
23 years would be a debt of $553,280.00 approximately, a year.
Payback
Af~er~23-~yesrs~'~ ~the'proposed$4,000,000.00'-bOnd i-ss~e~.wouldbe~$15~_22~00~0
and that would be at the 16% rate, or $12,725,~40.00 at the 13%
rate, Since the City is backing the bond issue, it seemed that the
City could now borrow what 'Mr. Cassandra was recommending, which
would be 2.5 million at 16%, which would give a debt of $413,000.00
and some hundred dollars, or 2.5 million at 13% for 23 years
would give a debt of $345,000.00 and some hundred dollars. The pay-
back after 23 years at 16%,.a~qu~s~.~.-$9,500~000.00,~ ~''- ~-~ ....
or at 13%, $7,953,000.00. ' ....... ' ~ ~
Mr. CasSandra continued by saying that to pay on an interest rate
· from 13% to 16%, the City could save (when they borrow 2.5 million
versus $4,000,000.00) approximately $5,000,000.00 to $6,000,000.00
in payback. Also, the amount of money that would come out of the
City's budget annually to insure the bond would be less, Mr.
Cassandra pointed out. The amount of City services that would be
affected is less.
Mr. Cassandra was aware that City Manager ~heney proposed a bond of
$4,000,000.00 in the original proposal, and that is to have a
cushion ~or surplus money forJt~e~.-~lf bond debt. Mr. Cassandra
said that was under the consideration of self sufficient,' in case
the golf course does not have a positive cash flow.
Recently, Mr. Cassandra said that Grady Swarm, Finance Director,
said, "The bonds will have enough reserves on hand at all times to
cover shortfalls in any given year." There were many variables
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 198~
that bothered Mr. Cassandra. For example, Mr. Cassandra asked if
there was any guarantee on tourist trade in BOynton Beach. He
pointed out that there was a low annual golf membership, which was
the only guarantee of annual revenue. He asked if there was any
guarantee that there would not be~a~wa%er shortage,~no acts of
nature, no need for repairs or maintenance. Mr. Cassandra asked
if~the City could guarantee a positive cash flow. He noted that
if the City had a 25% deficiency, the surp!~ would be ~e~eted in
$!_~year~ r_-~h~tabout~thene~t-.~!~2_years? Aboveall, who can guaranteethe future?
Mr. Cassandra expressed his nex~ concern. He referred to reading
that the golf bonds would be backed with non-taxed 'monies and that
no property taxes would be used, To Mr, Cassandra, the language
of non-taxed money was the greatest illusion act' of the'.century.
~Since the City services come from one budget and since the City is
guaranteeing the bonds, Mr. Cassandra said this means that the
debt monies must be put in escrow ~!or whatever i~ the prDper
financial term. Therefore, the City"s budget.revenue would be
decreased by the amount of that money, which means something must
be denied. If nothing is to bedenied, what ms going to replace that revenue
void?
Mr. Cassandra asked the Council to consider 2.~5 million versus
$4,000,000.00. He told. the-Council if it was their deCision to go
with.a $4,000,000.00 bond issue, they should consider the concept of
prepaying each year and every year in advance. This would remove
the need of escrow money and, therefore, would not take away from
the revenue of the' City budget. Of course, no loss in City services due
to the golf course.
Mr. Cassandra thought this would help City Manager Cheney plan his
debt needs for the year ~ecause he would have at hand the year's
golf- revenues in advance of-the budget'p!anning day. This ~ould tell him how
much ~ney would have to be put into the debt service .just in case there is no
.positive cash flow. Mr. Cassandra asked the Council to consider all aspects
of this golf financial structure because in the very near future,
they would be seeing budget time, and the following questions will
be'asked:
1. What services have you taken away from the citizens because of
the golf course?
2. Why haven't our tax rates decreased?
Mayor Trauger said the information Mr, CaSsandra'had given would
be referred by the City Manager to the Golf-Advisory Committee from
the minutes of this meetin~ for'their consideration as to the
amount, and to the financial advisors for the City when the bonds
go. Mayor Trauger commented that there are many things in the
future that man cannot see but from the best of advice from all of
the Golf Committees and-the various consultants who have looked at
the golf~cou~.se, and judging from other golf courses in the area,
this looks very sound. Mayor Trauger continued by saying we cannot
always see what is in the future, but those are some of the un-
insurable risks of man and which the City Council has taken in try-
ing to provide a golf course for Boynton Beach.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Henrietta Solomon, 230 N. E. 26th Avenue, Boynton Beach, a former
member of the Community Relations Board, stated that it was her
pleasure to serve the City of BoyntonBeach. Mrs. Solomon said if
her contribution made even a small improvement for the City and
any of its citizens, she has accomplished her goal.
Mrs. Solomon told the Council that if they allow, pettiness,
vindictiveness, and anger to .consume it, they will render them-
selves ineffective; the people of BoYnton Beach are ~he ~osers.
Even with politics as usual., Mrs. Solomon thought the Council
could conduct themselves as.mature, responsible individuals. Only
then could they hope to gain respect and serve out their
community effectively. For the record, Mrs. Solomon said that in-
asmuch as Boynton Beach is her home, she shall continue, to be
concerned for its ~eterans and, as a proud kmerican, she strongly
believed in the democratic process and would always exercise her
privilege to vote for whomever she feels is the most qualified
person and would hope all others wOuld do the same,
Mayor Trauger thanked Mrs. Solomon and was quite sure that the
City appreciated the fine work that she devoted to the Community
Relation's Board. - - .~ ~ _
Mr. C. C. Darrah, 902 S. W. 27th Way, Boynton Beach, stated that
he lives in the Chapel Hill area. Several months ago, Dr, H. Peter
Wintrich thought that something should be done about the inter-
section of Chapel Hill Boulevard and Seac~e~%~B~t~var~ Mr. Darrah
told the Council. He said traffic ~seemed to have increased over
the months, and since they.have improved the highway, traffic
is going faster, and there is more traffic because of the increase
in population. Since Dr. Wintrich could not be here tonight, he
asked Mr. Darrah to present a petition with from 550 to 600 signa-
tures.
Mr. Darrah thought that people who ha~e lived in that area and have
attempted to turn on Seacrest f~om Chapel Hill Boulevard realize
it is a "pretty risky situation". Mr. Darrah hoped t~e~Council
w culd give the petition due consideration.
Mayor Trauger asked Mr. Darrah how the petition 'read and ~if it was
in conjunction with the blind people crossing the street there too,
Mr. Darrah said it was. Mr. Darrah read:
"We, the undersigned citizens and taxpayers of Southwest Boynton Beach,
hereby respectfully request the City Counc±l~of Boynton Beach to
investigate the feasibility of, and acccmplish installation of, full
traffic signalization at the following dangerous intersections:
S. W, 30th Avenue and South Seacrest Boulevard (Chapel Hill Boulevard)
S. E. 31st Avenue and South Seacrest Boulevard"'
Mr. Darr~ah referred to S. E. 31st kvenue and South Seacrest Boulevard
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
and mentioned that there has been one traffic fatality at that inter-
section.
Councilmember Woolley could not understand the petition and asked
Mr. Darrah if it asked for two lights or one. Mr. Darrah replied
that he was not a Traffic Engineer, but if he were to decide, he
would say one traffic light would do for both streets. Mayor Trauger
informed Mr. Darrah that he also had been called about blind persons
attempting to get across the street there in-the morning around
7:15 A.M. Mayor Trauger said he had City Manager Cheney, with the
Police Department, make a checkout. Mayor Trauger informed Mr.
Darrah that they made another checkout this morning (April 20).
Mayor Trauger read into the record the findings, as contained in a
memorandum re "Blind Persons Crossing of South Seacrest", dated
April 20, 1982f as follows:
"In regard to blind persons crossing at the bus stop at Chapel Hill Boulevard
and South Seacrest Boulevard, the following observations were n~de:
Three blind persons from the Chapel Hill area, one blind person approaching
from the east side, and one other person arrived by private auto. These
persons wait at the bus stop for CoTran to go to work in ~st Palm Beach.
There are sighted people to assist them in the crossing of the roadway.
Since the need for traffic controls occurs only twice a day, I see no need
for the crossing device. However, warning signs strategically placed on
South Seacrest Boulevard, indicating blind pedestrians, I believe would
suffice in helping alleviate this current situation for the blind people.
Respectfully submitted,
/s/ Sgt. Smith, Police Department
Approved by W. R. Hamilton, Chief of Police"
From the Council's view, to get it started, Mayor Trauger believed
the Council would be willing to try having warning signs posted for
the blind people. He asked if Mr. Darrah thought that would be of
assistance. Mr. Darrah replied that it would be a start but he did
not think it would be sufficient. He felt it would be worth a try.
Councilmember Woolley moved that the proper warning signs be installed
on Seacrest Boulevard, at the proper location, in order to alert the
passing motorists-as to these visually handicapped people. As to the
other problem, she felt they could look into that a little bit further.
Councilman deLong seconded the motion, and the mot%on carried 4-0. ~.correction
-~see 5/4/82 MIN.
A lady in the audience wished to speak at this time, but Mr. Trauger advised her
that he would get back to her, that he was legally bound to hold the Public Hearing
at 8:00 P.M[ as advertised. He assured her he would come back to her as soon as
the Public Hearing was over.
PUBLIC HEARING - 8:00 P.M.
Request Easement Abandonment submitted by George J. Cummins, Jr.
located near the intersection of SE 4th Avenue and SE 4th Street
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Carmen Annunziato, City Planner, informed everyone that this was
a request for abandonment of a utility easement located in close
proximity to the intersection of S. E, 4th Street and S. E. 4th
Avenue. He stated that the easement was currently occupied by a
very shallow sewer line,, which was meant to serve Lots 8, 9 and i0
of the subdivision. Lots 8, 9_and t0 are now owned by an individual
and could not be developed separate from each other, relative to
the lot size, Mr. Annunziato further advised.
Mr. Annunziato said it was the applicant'~s wish to combine the use
of Lots 8, 9 and 10, which would require that the easement be
abandoned by the City. The request was reviewed by the City staff
and sent to the Planning and Zoning Board with a positive recommenda-
tion, subject to the applicant filing a unity of title over the
three lots, therefOre, forever and always causing the lots to be
made one. ~ Annunziato continued by saying that the Planning and
Zoning Board conducted a public hearing on the issue, and there
is an unanimous recommendation on the part of the Planning and
Zoning Board to the City Council that'the abandonment request be
approved, subject to the applicant filing a unity of title over
Lots 8, 9 and 10.
George J. Cummins, Jr., P. O. Box 821, Boynton Beach, Florida,
informed Mayor Trauger that he had a Declaration of Unity in Title
which he had signed and notarized that he presented to the Council
to be filed,
Councilman deLong advised that he had attended the meeting of the
Planning and Zoning Board and was acquainted with the situation.
Therefore, Councilman deLong moved t~ approve the recommendation of
the Planning and Zoning Board and grant the abandonment. Mr.
Annunziato po±nted out that ~t was ~ public hearing.
Mayor Trauger asked if anyone was in favor of the proposed abandon-
ment. He said if anyone was in favor, they could come forward and
speak on the subject. There was no response. Mayor Trauger then
asked if anyone opposed the proposed abandonment and, if so, they
could come forward and speak. There was no response.
Councilman Wright seconded Councilman deLong's motion to grant the
~abandonment. Mayor Trauger asked Mr. Cummins if he agreed with the
stipulations outlined by Mr. Annunziato. Mr. Cummins replied that
he did, and he had the form filled out, notarized and had just
handed it to Tereesa Padgett, City Clerk, so the matter could be
taken care of.
Mayor Trauger repeated the motion that the request for easement
abandonment be approved, subject to the applicant filing a Declara-
tion of Unity in Title over Lots 8, 9 and 10, Sunset Court Sub-
division'. The motion carried 4-0.
Request Conditional Use Approval Application submitted by Ferdoos
Pulling for Benjamin Building Supply for approval to sell lumber in
connection with a hardware s'tor'e l~oca'ted at 115 So. Federal Highway
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MINUTES - REGUL~ CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Mr. Carmen Annunziato, City Planner, informed the Council that the
applicant'-s request is for a conditional use to sell lumber in
connection with a hardware store located on South Federal Highway,
just north of S. E. 1st Avenue. It was last occupied by the Golden
Phoenix Restaurant.
Mr. Annunziato said the application went to the Planning and Zoning
Board with two kinds of recommendationS. One concerned the
technical aspects of the plan, and 'the other concerned the consis~
tency with the Comprehensive Plan and also consistency with the
Conditional Use Approval requirements by conformance standards.
Mr. Annunziato stated that the request is to store lumber in connec-
tion with a hardware store which is currently licensed'at that
location, and that is why it requireS conditional use approval.
Mr. Annunziato continued by saying that a.t the Planning and Zoning
Board Meeting, a Public Hearing was conducted and the !.events were
submitted for the record, which were composed of City staff comments
as follows:
Building Dept.: ~t.
(Bert Keehr, 2.
Deputy Build-
ing Official)
Complete site plan should have additional dimensions.
Parking lot must meet new ordinance, which would require
one (1) more parking space, double striping, lining,
signs, etc.
Sidewalk required on First Avenue to go through driveway.
Does not meet the landscaping ordinace.
Mr. Annunziato felt ~this statement was more a
matter of clarification,)
Must have five.foot (.5'~ landscaped area along' public
right-of-way. One (1} tree every for~_ (40) lineal feet;
thirty-six inch (36") high hedge along right-of-way and
around parking lot, autc~atic sprinkler syst~, etc."
Engineering
Dept.
(Tom A. Clark,
City Engineer )~
"1. Paving and drainage plans are incc~plete. No eleva-
tions are shown and no drainage facilities are idenfi-
fied. Base of 6" rock (min.) to be indicated.
2. Existing elevations should be shown.
3. A recent survey by RLS is requ~ed.
4. Roof drainage to be contained on site."
Police Dept.:
"Subject to security lighting.
Parking lot lighting; Traffic Control.signs."
Public Works: "See Public Works Department~'for dumpster location."
Fire Dept.
(Chief James
M. Rhoden,
Sr.)
"This department has reviewed the site proposed and codes
relating to the use of this property for lumber storage
operations. I find that buildings in this area would be
placed in jeopardy by the type of use proposed. In particu~
lar, the construction on Ocean Avenue, iranediately adjacent
to this property, is partially of cc~bustible material.
Thus, the fire potential in this area is greater than what
1 feel is acceptable to prevent a hardship to adjacent
property owners."
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
City Planner
Planning Dept,:
See Memo attached and made a part hereof,
"Since it appears that the site would function mainly as a
building supply outlet rather ttkln a hardware store, it is
recc~ended that the conditional.use approval for this site
In all fairness to the applicant, Mr. Annunziato thought it should
be noted that it is not his intention .to stor.e lumber exclUsively
in the covered storage building, As noted by the applicant at the
public hearing., Mr, Annunziato said it is h±s intention to market,
in addition to some incidental lumber, such other building supplies
as paint, roof and floor tiles, bags of concrete, plumbing and
electrical suppl~ies, as well a.s some~additional hardware uses, Mr.
Annunziato felt it was important for the Councilw in their deliber-
ations, to analyze, in their own minds, what a hardware store is.
He thought everyone had a mental image of what that is. Mr.
Annunziato's mental image seemed to indicate that this is somewhat
more of a building supply than what they know as a convential hard-
ware store, In fact, Mr. Annunziato pointed out, if i~isabuilding
supp!~,~the~under'a~y conditions, Mr. ~nnunzlato advised that it would
not be permitted in a C-3 zone, However, he said, it comes to
the Council for conditional use approval for the incidental
exterior storage of lumber.
Mayor Trauger asked if anyone in the audience would like to speak
in favor of the request.
Saeed Samimi, 2182 - 46th Terrace South, West Palm Beach, said he
would start at the beginning and answer all of the questions that
were brought up, based on the memorandums, and would follow by
going through what the image of a hardware store is and would
final±ze it by going through the plans.
With regard~ to the comments of Mr. Bert Keehr, DepUty Building
Official, Building Department, Mr. Samimi advised that a~complete
site plan with dimensions on it would, be presented to the City
Building Officials when he requests that the building.be placed
on the property, Mr. Samimi pointed out that this is just a
preliminary plan, which was drawn for this particular purpose,
As far as the parking lot, additional parking was requested through
the City Planner's office, Mr. Samimi informed the Council, because
they said he had extra land available. Mr. Samiml said they went
along with that, and the Planning and Zoning Board said they should
add an extra four spaces. At the same time, Mr. Samlmi noted it
would be convenient for his customers.
Mr. Samimi stated that they agree to a sidewalk on First Avenue,
even though other buildings recently placed on First Avenue do not
have any sidewalks on the south section, that is, S. ~E. First
Avenue.
As far as No. 4 of the Building Department's comments, Mr. Samimi
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
said everything had been followed verbatim, but they did not haVe a
chance, as their name was not placed on last night's agenda for
the Community Appearance Board meeting.
Mr. Samimi referred to comment No. 1 from the Engineering Department,
and advised that paving is ordinarily done with six inches of shell-
rock and one inch of asphalt, which is normally done 'through the
subcontractor. If his architect neglected to put on six inches of
shellrock, Mr. Samimi said he was probably not aware of what has to
be done. Mr. Samimi stated he was nOt a paving contractor, but
that would be placed on the plan if necessary,
Mr. Samimi further advised that the existing elevations will be
shown on the plans for the final approval of the building, As far
as the recent survey, he mention'ed at the Planning and Zoning Board
Meeting the survey had just been revised on January 4, 1982.
Mr. Samimi referred to comment No. 4 from the Engineering Depart-
ment and said, as noted by his architect, all the water from the
roofs and from the parking lot would be contained on the site
· be~use.tP~reis so much grass and shellrock existing on the land it-
self.
Mr. Samimi alluded to the combustion materials existing, as
mentioned in Fire Chief Rhoden's memo, and advised that it was not
adjacent but across the alley from them. Besides that, Mr.
Samim± said it was a 35 foot distance between the extension of the
hardware store (~hich is referred to as the shed).
Mr. Samimi noted that Mr. Annunziato also made several recommenda-
tions, as well as the sidewalk. He repeated that sidewalks are non-
existent on newer buildings, but they agreed to that at the City
Planning and Zoning Board Meeting, Rs far as a 45 feet parking bay,
Mr. Samimi thought he had 44 feet, six inches, which he thought was
an architectural mistake, and-he stated that he could clear that.
Mr. Samimi referred to "3. the parking lot construction is to
comply with current standards~" of Mr. Annunziato's comments. Even
though the newer standards took effect after Mr. Sam±miLs submission
of their papers, Mr. Samimi said he still agreed to doing the stripes
accOrding to what the City regulations might need and for additional
parking. As was mentioned, Mr. Samimi said he brought it up at the
Planning and Zoning Board.Meeting,~and he ~read: "A hardware store
with incidental sales of lumber would be consistent with the Compre-
hensive Plan policies for this area."
Mr. Samimi said he had the evidence with'him and showed the majority
of the type of molding that they sell. He said they were the
finished products and the type of lumber he had, which is normally
not found in a lot of hardware stores. Mr. Samimi said if someone
needed the stud and a couple of nails, that would take care of
household if they had something to be done. He asserted that was
his lumber.
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APRIL 20, 1982
Besides that, Mr. Samimi recalled Mr. Annunziato mentioned having
the image of a lUmber store or building supply materials in
comparison to the hardware store,~ Mr. Samim± mentioned four
businesses in town: Home Hardware in the Gulfstream Mall, which
has roof cement and concrete cement mix, Mr. Samimi doubted if
they would consider that as 'hardware. He thought everyone knew
what a hardware store is. Mr, Sam±m± continued by mentioning
Tru Value Hardware Store, which has pa~ints'and.cement mix. Mr.
Samimi said he did not have that yet and may not hate it~b~.-~he
requ~sts~for it. ~He alsona~e~d Ace Hardware~ which also~thascementmix. Mr.
Samim/ sgid if they would'not want~ to consider that. as a building
material, how ~ould.they look at~±t. He felt it was a grey area
rather than a fine point, because hardware is nothing but building
materials, Mr. Samimi referred to Western Auto Associates, where
they have parts for automobiles, all of the hardware materials you
need, tar for roofing, cement mix, radios, stereos, and a lot of
other things,
Mr. Samimi advised the Council that he was just an investor,
spending $35,000.00 to $40,000.00 on that single building alOne,
besides other things, He. wanted the Council's judgment on several
things he was bringing up. As far as traffic patterns, Mr, Samimi
pointed out that before there was a restaurant and a bar, Fifty
to sixty people were up until 2:00 or 3:~00 A, M. The restaurant
took twenty or thirty parking spaces, As a hardware store, Mr.
Samimi said they have an extra request for four more spaces. He
asked how traffic could be strongly affected by it.
At the Planning and Zoning Board, Mr~ Samimi told the Cou~cil~Rev.
L. Edward Wollenweber, Boynton Beach Congregational Church
appeared and also, there was a ~letter from Mr. HRnk Thompson, who
are respected members of the community, M~. Samim± said perhaPs
it was mentioned to them that it would be a lUmber store or a
lumber yard and that was one of the reasons why they took ~he whole
issue wrong. As far as the Community Appearance Board, Mr. Samimi
informed the Council that they never had the opportunity because they
were ne~er placed on the agenda.
Mr. Samimi pointed out that the land had been left alone with a
lot of beer cans and bottles, and his plan was to beauify that part
of town to the best of his ability to make it the best ±t could be
and to provide a convenience for the people of the community.
CoUncilman Wright asked Mr. Samimi if he wanted to put something
on the exterior of the building. 5~. Samimi replied, "if I may."
Councilman Wright wondered if he wanted it on the south side. Mr.
Samim± said it would be the north side.
Mr. Annunziato explained what the applicant was planning to do -
constructionwise. He showed the existing building, which is adjacent
~o the ~east-west alley which runs between Ocean and First, To the
rear and west of the existing building, the applicant proposes to
construct a 30x100 foot-long roofed over open-storage area. Mr.
Annunziato p~±nted to First Avenue, to the south, and said the
~pplicant is proposing to fence in the area and landscape along
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
1st and along the property lines with vines and hedges, as well as
U. S. 1.
Mr. Annunziato further advised that parking would be off of S. E.
1st Avenue and woUld be two way, 90° parking~ He said the
application was inadvertently left off of the Community Appearance
Board applications because it was a public~hearing. Mr.
Annunziato thought the issue of conditional use could be addressed,
Mr. Annunziato also informed the Council that the Planning and
Zoning Board conducted a hearing on the matter last Tuesday (April
13, 1982)and unanimously recommended'~hat the request be denied,
noting that the request would result in traffic congestion and that
uses of this sort would not be compatible with existing proposed
uses for the downtown area.
Mayor Trauger asked if anyone else wished to speak in favor of the
request.
Christiane Francois, 65 Spanish River Drive, Ocean Ridge, appeared
before the Council and said that her parents own the property in
question. She told the Council Members that they had leased the
property to Mr. Sam±mi for five years, and she thought that every-
one wanted to see Boynton Beach beautified. Before this, they had
planned a nice building but gave it up because of financial
problems. Ms. Francois said they were doing the next .best thing
now and and trying to rent the building to the applicant.
For now, Ms. Francois thought it would be beautified, because the
applicant would put a sidewalk in, landscaping, and drainage, As
she said, she only has a five year lease with him,
Ms. Francois quoted Mayor Trauger fro~ a newspaper clipping of the
19th, where he said "For now, all that is needed is~a major face
lift. We need to wash our face, comb our hair, and make ourselves
more presentable." Ms. Francois said it might not be the kind of
business they want for all of downtoWn but, for right now, she
thought the Council might consider approving it and reviving down-
town. Ms. Francois told the Council to do something positive
instead of just waiting. She said it would.take a while to get
downtown to be what they would like it to be,
Ms. Francois did not think the app~licant wanted' to have a lumber
yard there. She thought they would need a wider area for a lumber
yard. She felt their pr£mary purpose was a hardware store.
Mayor Trauger asked if anyone else wished to speak in favor of the
request. There was no response, He asked if anyone~!ished~to/.speak
against or inoppoSiti~n'~Q.~thepropos~d~'~st.
Rev. L. Edward Wollenweber, Minister, United Church of Christ,
115 North Federal Highway, Boynton Beach, informed the Council that
he addressed the Members of the Planning and Zoning Board a week
ago and tried to impress upon them the concern his church has about
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
this request for conditional use. Rev. Wollenweber stated that he
was asked by his Board of Trustees to represent them at the Council
Meeting and he came, by Board action from the Boynton Beach
Congregational United Church of Christ, to represent them. He
impressed upon the Council that the whole congregation of the Church
has over half a-million~dollars invested directly in the building
which they own at 115 North Federal Highway; they~have been active
in the downtown area of Boynton since the±r, initial purchase of the
property; they kave attemPted to be ±nvolved as a congregation,
and Rev, Wollenweber said he has attempted to be involved as a
Pastor in seeking to Promote the positive development of the down-
town.
Rev. Wollenweber suspected this was the first time that he ever
addressed the Council or the P~lanning and Zoning BOard~ in
opposition to some development in the downtown area. He was very
surprised to find himself in this position, which is~because of their
concern for the fragility of the downtown area~, Rev. Wollenweber
could fully appreciate Mr. Samimi's interest in creating a new
business, and he agreed that a hardware store is acceptable. The
question is whether we would have a hardware store, Rev. Wollen-
weber pointed out. He believed the issue is answered when you look
at the blueprint, which shows a 3,000 square foot addition of
open storage onto a 1780 square foot 'buildlng., Rev. Wollenweber
could not see how that kind of addition could be construed as
incidental to the overall property.
Rev. Wollenweber said his church was committed to the development
of the downtown but are very concerned that a negative aCtion in
the downtown could stifle further development.
Rev. Wollenweber also appreciated Ms. Franco~is' suggestion of five
years as kind of a holding pattern. The problem is, Rev.
Wollenweber pointed Out, that holding patterns tend to become
permanent and that five years is a very long time in a community
with a downtown as fragile as ours.
Rev. Wollenweber urged the Council to take a look at .the property
in Delray Beach at the corner of 2nd Avenue and 1st Street, where
Love's Pharmacy is located, and what they ~ould see there is a
piece of property that obviously was built with a grea't deal of
optimism by Love's Pharmacy people, surrounded by lumber yards
and heavy industrial use. Although the property ~s still kept
clean, it still does not have the kind of continued value that it
would have had had the rest of the area around it been developed
at the same level of development as Love's Pharmacy,
Rev. Wollenweber called attention to the fact that the plan'is
not in compliance 'with the redevelopment plan nor the Comprehensive
Plan. He believed very strongly that it should be turned down.
Rev. Wollenweber.alsO believed the Council Members had a letter
from Dr, Charles L. Burns, Conference Executive, Florida Conference
of United Church of Christ. He said the United Church of Christ
National holds a mortgage on their property, and the Florida
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Conference of the United Church'of Christ joins his church in ask-
ing that the City Council turn down the request for conditional
use.
Mayor Trauger read the letter received from Charles L. Burns,
Conference Minister', Florida Conference of the United Church of
Christ, Winter Park, Florid~a, dated April 12, 1982, into the record.
Mayor Trauger asked if anyone else wished to speak against the
proposed request.
Councilman deLong said the Planning and Zoning Board unanimously
recommended that the request be denied. Since he was present at
the meeting, Councilman deLong had to agree that the Planning and
Zoning Board used good judgment when they said that this use would
not be compatible with the existing or proposed uses for the down-
tQw~ area. Councilman deLong believed it would be wise if the
Council would withhold accepting exceptional uses in this
particular area until such times as they receive final plans for
redevelopment.
Councilman deLong moved to uphold the recommendation of the
Planning and Zoning Board' and deny the request. The motion was
seconded by Councilmember Woolley.
Councilman Wright commented that it seemed that the request could
detract from what the City is trying to do. He. thought the City
should try to move ahead with the-revitalization and redevelop-
ment and clean up the downtown. Councilman Wright also thought
the request should be denied.
Mayor Trauger asked City Manager Cheney if the Chamber of Commerce
had taken a position for or against this. City.Manager Cheney
said they had not, but they did not have an Executive Board Meet~
ing since the issue came up, which may be a reason. Also, they
may not have because there are no definite plans for downtown
which they can logically relate to.
A vote was .taken on the motion to deny the request for conditional
use, and the motion carried 4-0. The request was DENIED.
Councilman deLong moved to revert to the regular order of business,
seconded by Councilman Wright. Motion carried 4-0.
PUBLIC AUDIENCE
Mayor Trauger asked the lady who wished to speak on the bl~nd cross-
ing at Seacrest to come forward. She had left the meeting. City
Manager Cheney wished to comment. He advised that it is a County
Road, and the question of traffic signals throughout the County is
a tough one, because there are so many places in the County that need
traffic signals. City Manager Cheney said, if Council wishes,
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
they could ask the Traffic Division Of the County to study the
area. He said, obviously, the City .would go.ahead and put upi
the visually handicapped signs and warning signs.
City Manager Cheney noted that high school is almost over this
year but thought the Council might plan to bring this matter,
particularly of the visu~l'tyhandicapped, to the school. He said
he would make a point of bringing it up to the Youth in Government
Day to see if they could get the Students Councils' support so
that high school kids would be aware of the problem. City
Manager Cheney said the question of funding traffic signals is
probably not very good. Although it~ is difficult to get out of
Chapel Hill Drive, he brought out that it is still not a great
deal of traffic compared to Seacrest, The demand for traffic
signals throughout theCounty is so great, City Manager Cheney
thought it probably would not stand'¥ery high on the priority
level. We can move with the signs.
Mayor Trauger suggested that City Manager Cheney submit the
request, for consideration, to the County EngineeringDepartment to see
if they may approve signalization on Seacrest. Councilman
deLOng made Mayor Trauger's suggestion into the form of a motion,
which was seconded by Councilman Wright, Motion carried
Gordon Dunsmore, President of High Point West, 1901 Sou~h
Seacrest Boulevard, stated that they have been before the Council
many times trying to get a drainage problem taken care of where
the cemetery meets their north boulevard. They had a meeting
with Councilman deLong and City Manager Cheney on the matter, and
Mr. Dunsmore was well aware that there are a multitude of things
that have to be done by the Council. Mr. Dunsmore still wanted
to know if there was a possibility of any immediate action
being taken on the matter.
Councilman deLong noted that the matter has been hanging fire for
about seven years, to his knowledge. City Manager Cheney commented
that it has been hanging fire for a long time. As he understands
it, City Manager Cheney said the drainage-in the area probably
used to run off on the cemetery, The cemetery, in that corner,
had been improved over the years. Sometime ago, a suggestion was
made to solve the drainage problem by having the water pour into
a swale or an impounding area on the cemetery property. Mr.
Cheney continued by saying that it was concluded at that time that
there was some question as to whose responsibility the solution
was. Was it the City~ Cemetery Board or was it High Point Develop-
ment? City Manager Cheney said some objections were also raised
about providing for the drainage to go into the cemetery~because
it would go into some saleable lots in the cemetery. He gathered
at the time, the whole issue died. City Manager Cheney said the
City had been looking at it recently at the request of Mr. Gordon
Dunsmore and members of High Point.
City Manager Cheney said they had two or three suggestions,~and
they will meet with them in a week or so to talk about them.
The suggestions all have to do with swaling and removing some of
the pavement in the corner, and possibly providing some swaling
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
along the hedges at the fence line and bo,th of the hedges that go
in an east/west direction and a north/south direction, and
possibly lowering the grassed area on the building side of the
roadway so that some of the water can be collected in swales on
the southeast side of the curVe. City Manager Cheney said the
question also comes up as to who is going to.pay for all of these
things. He thought they want to sit down and see if this kind
of solution might be adequate to solve some of the water
problems.
City Manager Cheney stated that the~ City did not propose that
they will do enough swaling to sot~e the water problem we had a
couple of weeks ago, but High Point's particular problem is
recurring, so the City proposes to meet with them and talk about
some of these things and see if they appear to be acceptable to
High Point.
Mr. Dunsmore asked Mr. Cheney if he would be contacting them.
City Manager Cheney replied that they would in the next week,
Councilman deLong advised City Manager Cheney that there has also
been an encroachment situation over there s!nce the development
was constructed. He thought that should also be cleared up.
City Manager Cheney.agreed that there was an encroachment, and
stated that High Point encroaches on the cemetery property, He
said it was assessed about a year ago, and he thought they would
have to work out the sale of City land to High Point because
there was no way to reasonably move the road, as it would crowd
the rear of those apartments too much. City Manager Cheney
advised that they would have to address that situation.
BIDS
swale Construction for ~D'r~inageImproVements ~ Engineering
City Manager Cheney informed the Council that the bid was for a
swale and sodding program throughout the City and ties in with a
budget decision made by the City-Council when they put aside
$75,000.00, He'reminded the Council that they put aside
$75,000.00 this year for drainage improvements. City Manager
Cheney said.it was recommended that two bids be awarded, one for
the sodding of the swales and one for drainage improvement (which
would be the digging of the swales). This would leave approxi-
mately $45,000.00, and within two or three weeks, City Manager
Cheney said he would be back with some recommendations as to how
to allocate the existing money.
Councilman deLong moved to accept the recommendation of the
Tabulation Committee and award bid ~1 for swale sodding to the low
bidder, The Garden Store, Boynton Beach, in the amount of
$19,888.98, and award bid 92 to the low bidder for drainage improve-
ments to Keatts Trucking Services, Inc., Boynton Beach, in the
amount of $9,211.50 ~, ~' ~ ~ .
~- a t'ot~l ~.~.d of $29 100 48.
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Counci~ember Woolley seconded the motion.
4-0.
The motion carried
Atomic Absorption Spectrophotometer - Utilities
City Manager Cheney advised that this bid has to do with.~the
water plant and in connection with continual improvement of.the
treatment process at the water plant. City Manager Cheney remarked
that Mr. Perry Cessna, Director of Utilities, should be present,
as he won an award ...... city Manager Cheney stressed that
the City needs to have this kind of program~in order to do the
testing that has to be done. City Manager Cheney said~ the City
hopes to improve its laboratory and to'make ihs laboratory
services available to other public treatment facilities in the
area so as to return some of the costs involved in this expensive
equipment, City Manager Cheney recommended that the bid be
awarded.
Councilman deLong moved, seconded ~by Councilman Wright, to accept
the recommendation of the Tabulation Committee and award the bid
to Instrumentation Laboratory, Inc., Decatur, Georgia, in the
amount of $19,609.48, Motion carried 4-0.
DEVELOPMENT PLANS
Request for Excavation and Fill Permit - South Palm Beach Commerce
Park, off High Ridge 'Road and Miner Road near SCL Railroad.,TABLED
Councilman deLong moved, seconded by Counc±lmember Wright, to
leave the question on the table.
Request Preliminary Plat Application Approval submitted by Ridge~
wood Builders, Inc. for the construction of 100 uni'ts at the Ridge
Pointe Woods Villas PUD (located on SW 23rd Avenue and Seacrest
Blvd.)
Carmen Annunziato, City Planner, informed the Council that the
request was for the approval of a preliminary plat for the Ridge
Pointe Woods Villas Planned Unit Development. He reminded the
Council that they had seen the application before in the master
plan, which was approved as a part of the PUD zoning. Mr.
Annunziato said the plan provides_fo~ the construction of 100 units
in a fee simple mode. He said they are blocks of units which are
connected, and there are either four or six units to a group.
As he mentioned, Mr. Annunziato said it is proposed that the units
will be sold fee simple with the owner purchasing, for example,
Block 10, Lot 4. He explained that Lot 4 will be a zero lot line,
common wall unit served by its own driveway and its own garage.
Mr. Annunziato said there are peripheral setbacks, consistent with
the zoning, and all areas not occupied by a lot and block are
common areas, and they are composed of a recreation area which he
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
would give further information on in connection with the site
plan, and private roads which will be owned and maintained by the
homeowners but constructed to City standards.
Mr. Annunziato asked the Council to recall that access to the site
is from Golf Road and the appl±¢ant was responsible for dedicating
an additional 15 feet of right-of'way for Golf Road, which is
shown on the plat. Additionally, the applicant had to show on
his plat a five foot limited access easement, Mr. Annunziato
continued, and as a part of the waster plan approval, he asked
the Council to recall that there was an 80 foot ingress and egress
easement in the northeast corner of the property. Mr. Annunziato
said this serves as the entrance to High Point. At the time of
the master plan approval, Mr. Annunziato had suggested that~ the
applicant attempt to transfer this easement to the High Point
property owners. It was obvious that it could not be required
because it was subject to the High Point property owners accepting
the easement. Last Tuesday~ Mr. Annunziato received a call from
the owners of High Point, indicating that ~they.were going to vote
on accepting the easement from the property owners of Ridge Pointe
Woods, and taking control of the access to their site.
Mr. Annunziato said the application went to the Planning and
Zoning Board with a positive recommendation, subject ~to two memos.
Incorporated in the memos are many technical issues which have been
primarily resolved, Mr. Annunz±ato advised. He said they would be
reflected in the final plat. One important issue the Planning and
Zoning Board had to act on concerned setting the land value for
recreation and parks dedication purposes in connection with the
City's ordinance. The applicant submitted an MA! appraisal which
confirmed that the land value per unit for each of the units was
$6,500.00, resulting in a value of some $650,000.00 for the land.
On a per acre basis, this turns out to be $46,628.41, Mr.
Annunziato informed the Council, which was the recommendation the
Planning and Zoning Board accepted as the land value per acre in
connection with the Recreation and Parks dedication requirements
for subdivisions.
Mr. Annunziato continued by saying the Planning and Zoning
Board, based on-the recommendations of staff, recommended to the
City Council that the application be approved, subject to staff
comments. The vote was 5-2, with Messr.s. Wandelt and Winter
dissenting. The dissenting comments were based on two things, Mr.
Annunziato thought. One concerned the circumstances of-
the vegetation' which existed on site prior to the land clearing
operation by the developers. Mr. Annunziato thought the second
one was the feeling that there was some congestion on site. He
added that the density on the location was similar to the density
in High Point.
Concerning the issue of tree cover, Mr. Annunziato said he was
working very closely with Kevin Hallahan, Urban Forester, in this
instance, and Mr. Hallahan has been working very closely with Mr.
Arnold Moretto, Ridgewood Builders, Mr. Annunziato told the Council
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
they would see the nature of the landscaping, when he presents the
site plan, which will result in about 300 full-grown trees being
replaced on site. In addition, Mr. Annunziato said Mr. Hallahan,
Urban Forester, was working with~Mr. Moretto in connection with a
nursery to establish a tree bank of some 500 pine trees, which will
be set and then transplanted to the site over a period of time,
which will result in the reforestation of the natural vegetation
that appeared on the site prior to~ the land clearing.
CoUncilman deLong pointed out that there were eighteen ~
items from the City Engineering Department about deficienCies, items
from the Building Department, and from the City Planner. Council-
man deLong could readily understand the concerns of the two
dissenting voters on the Planning and'Zoning Board. Councilman
deLong was concerned that all of the comments be cleared up because
sCme~them~er~s~ious~innature. He thought they should all be
cleared up before anything is mowed at all.
Mr. Annunziato responded by informing the Council that the appli-
cant had resubmitted plans which cleared up 99% of the technical
issues. Although the two memos were long in nature, Mr. Annunziato
advised that a lot of the items were very small in consequence.
Some were larger than others concerning the land values and the
boHd amounts, but they have all been addressed by the owner,
Mayor Trauger asked what the view of the Community Appearnce
Board was, CoUncilman deLong replied, "U'ery good.,"
Mayor Trauger called the applicant forward, so that the AsSistant City
Attorney could be satisfied that the appliCant would meet the
stipulations as specified in the memorandums referenced by the City
Planner.
Arnold Moretto, 2510 S, W. 12th Street, Boynton Beach, came forward.
Mayor Trauger asked him if he understood the stipulations mentioned
in the memorandum of Carmen S. Annun~ziato, City Planner, dated
April 8, 1982, and in particular, the one dated April 9, 1982 from
William Flushing, Assistant City Engineer. Mr. Moretto said,
"Yes, I do." As far as Mr. Moretto'knew, they had completed, like
Mr. Annunziato said, 99% to 100% of those items. Mayor Trauger
asked Mr. Moretto to state, for the benefit of ths Assistant City
Attorney, that he would comply in full with those directives. Mr.
Moretto answered, "Yes, I will."
Not knowing the City's custom, Manley P. Caldwell, Jr., Assistant
City Attorney, asked if any of the matters should be made subject
to the PUD written agreement with the developer. Mr. Annunziato
replied, "No." He explained that these were technical items Which
apply to the plat document. The homeowners' association documents
have already been reviewed, Mr. Annunziato advised. ~ttorney
Caldwell felt that was adequate.
Councilmember Woolley moved to accept the preliminary plat appli-
cation, subject to staff comments, seconded by Councilman deLong.
Motion carried 4-0.
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BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Request Site Plan Application Approval submitted by Ridgewood
Builders, Inc. to construct the Ridge Pointe Woods Villas PUD
(located on SW 23rd~Avenue and Seacrest Blvd,)
Carmen Annunziato, City Planner, apologized for the clarity of the
overlay he presented to the Council. He felt the Council could
get a concept of the layout of the units and the recreational
facilities as they~apply to the PUD. He pointed out-the building
locations and the configuration in the circle of the figure 8 of
the interior roadway, the entrance road which was divided with
a landscape media, and the placement of the cluster and accent
landscaping as it applies to the units. Mr. Annunziato also
showed the recreation area which consists of a Club house, a pool',
shuffleboard, a~d barbeque area, as well as a picnic area.. He
said there is a vita course which circles the property and serves
all of the residents of the homeowners assoc±ation.
Mr. Annunziato further informed the Council that the applicant
is proposing to construct a wall which will be constructed of
concrete block and stucco' with segments raised above the concrete
with wood, and it surrounds on the east and the south the property
in question. In addition to the wall having the two features of
the concrete and the wood, Mr. Annunziato said there would be
indentations every fifty feet or so which will either 'have a tree
planted or a bench attached to the wall, where there will be a
place for people to rest while they are walking.
Mr. Annunziato said %he Council might recall that the applicant
was required to construct a six foot concrete bicycle path
adjacent to his frontage on Golf Road. He said it would work very
nicely in conjunction with benches and the landscaping.
Mr. Annunziato told the Council that the application went to the
Planning and Zoning Board with the positive recommendation of the
City Technical Staff. The Planning and Zoning Board in turn
has recommended to the City Council that the application be
approved, subject to the staff commits, as noted in the memorandum
from the Building Department, as follows:
Building Dept.
"1. Board of Health permit will be required.
2. County turn-out permit will be required."
The Planning and Zoning Board recommended that the application be
approved. The vote was 5-2, with Mr. Wandelt and Mr. Winter
dissenting, basically for the same reasons mentioned by Mr.
Annunziato in connection with the preliminary plat.
Councilman deLong moved to accept the recommendation to approve the
site plan, subject to staff comments, seconded by Councilmember
Woolley.
~yor Trauger asked if the entrance on .23rd would be controlled
with a guard house or a gate. Mr. Annunziato replied, "No."
A vote was taken on the motion, and the motion carried 4-0.
- 21-
MINUTES - REGULAtoR CITY COUNCIL MEETING
BOYNTON BEACHt FLORIDA: ~
APRIL 20, 1982
Request Site ~evelopmentPlan Application Approval .submitted by
James M. Reinders for Ronto Developments Florida to construct a
replacement wall along Congress ~venue at the Silverlake Estates
PUD (2325 SW 23rd, Cranbrook Drivel
Mr. Carmen Annunziato, City Planner, said this was something the
City and many City residents had been waiting anxiously to have
resolved. He said it was a replacement wall at the Silverlake
PUD. He reminded the Council that Cranbrook Lake Estates was the
name upon which it was initially approved and developed. In
connection with.theCranbrook development, Mr. ~nnunziato informed
the Council that the wall was constructed on Congress. The wall
was placed on a minor elevation berm~ The result of %his was
that, given a future cross section of Congress, the proposed side-
walk elevation would have been below (at certain locations) the
footer elevation of the wall that currently exists, Mr. Annunziato
explained. This resulted in somewhat of a war between Palm Beach
County and the developer at tke time with threats of lawsuits.
Subsequently, no permits were issued to'landscape the rights-of-
way between the wall and Congress to the effect ii~0.f' what would
seem a somewhat deteriorating condition.
Mr. Annunziato said they were proposing to reconstruct the wall,
have it indented in a manner similar to this, landscaping the
indentations, and making it off of the right-of-way enough to
where it is deep enough so that the future elevation of the side-
walk with Congress will not conflict with the elevation of the
footer for the wall. Mr. Annunziato thought it would satisfy the
requ±rements of the County Traffic Engineer. He said several
attempts were made to coordinate this construction with the
County. Mr. Annunziato said this type of arrangement is proposed
in connection with a typical cross section for Congress.
Mr. Annunziato told the~Council that the application went to the
Planning and Zoning Board with a positive recommendation from the
City Staff, subject to two memos, as follows:
Building Dept,
"It would be this office's recon~endation that the developer
contact the County Road Commission as-there would appear to
be a conflict of construction, if and when the County widens
Congress at this point.
Accordingly, this is relative to elevation of .footer and
cons%ruction roc~ available for equipment."
Mr. Annunziato said what the City is asking is for the developer to
submit this to the County for their deliberations and to respond
to the City in writing. As he mentioned, there was no elevation
for Congress which the applicant could go from. What he did was
take a typical that was being constructed in another location and
address his foot elevation, based on that typical.
Utility Dept.
(Mark G. Law,
Utilities
Syst~ns Super-
visor
"I reviewed the site plan for the above, The developer
does not show the existing 20' eas~aent and the 36" force
main within that easement.
The Utilities Department will require a written agreement
releasing the City of Boynton Beach frcm any restoration to
- 22 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Utilities
(Cont ~ )
the block w-all or landscaping that might be required should
repairs need to be made on the existing force main."
Mr. Annunziato thought this was the typical situation where there
is wall construction on a utility easement where the City has, in
effect, required a hold harmless agreement favoring the City over
the property owners. The applicant agreedto do that.
James M. Re±nders appeared on behalf of the applicant, Ronto
Developments Florida, and said he resides at 2507 S. W, 23rd Drive,
Boynton Beach, Florida. He said they were aware of the stipula-
tions that they received from staff.as to-the hold harmless agree-
ment. Mr. Reinders stated that they were in the process of
preparing an agreement for submission to counsel for the City
for their approval. Mr. Reinders further~informed the Council
that they have been. in touch with the County Engineering Depart-
ment and will, in any even~ assuming their success in the approval
process, go to the County in order to get permits fr~m them for
some of the grading work to be done on the right-of-way there,
sprinkling systems,~and'~lso~the~seedingOf the right-of-way. Mr.
Reinders said they would proceed to work hand in hand with the
County to assure their satisfaction with the end result.
Mayor Trauger asked Assistant Attorney Caidwell if he was satis-
fied that Mr. Reinders understood the request and responded
sufficiently for the City. Mr. Caldwell asked Mr. Reinders if he
understood the subordination form with the City. Mr. Reinders
said he understood~
Councilman deLong moved to accept.the unanimous recommendation of
the Planning and Zoning Board and approve the site plan, subject
to staff comments. Councilmember Woolley seconded the motion.
No discussion. Motion carried 4-0.
Request Site Development Plan Application Approval submitted by
Julian T. Bryan, III for C & H Properties to construct Tract "B"
.of the Meadows 300 PUD (located on the south side of Meadows
Blvd. west of Congress kvenue)
City Manager Cheney informed the Council that the application was
not approved by the Community Appearance Board at their meeting
last night (April 19, 1982). Therefore, he recommended that it
be tabled.
Councilman Wright moved to table the site plan, seconded by
Councilmember Woolley. No discussion. Motion carried 4-0.
LEGAL
Ordinances - 2nd Reading - PUBLIC HEARING
None.
- 23 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Ordinances - 1st Reading:
Proposed OrdinaNce No. 82-10 Re: Amending Beach Decal Ordinance
to provide for Replacement 'DeCals
Assistant City Attorney Manley P. Caldwell, Jr. read proposed
Ordinance No. 82-10 by title only:
"AN ORDINANCE.AMENDING S~C~ION 16-82, 'RULES, REGUIATIONS CONTROLLING
PARKING OF VEHICLES AT MUNICIPAL BEACH PROPERTY LOCATED WITHIN THE
TOWN OF· OCEAN RIDGE, POLICY NO. 1. PARKING PERM_ITS'."
Councilman deLong moved the adoPtion of proposed Ordinance No.
82-10, seconded by CounCilmember Woolley, Mrs. Tereesa Padgett,
City Clerk, took a roll call vote on the motion, as follows:
Councilman deLong - Aye
Mayor Trauger - Aye
Councilmember Woolley - Aye
Councilman Wright - Aye
Motion carried 4-0.
Proposed Ordinance No. 82- Re: Granting CATV Franchise to UTA
Cable Corporation (Tabled from 4/6/82 Meeting VII Legal, Other)
Assistant City Attorney Caldwell advised that City Attorney Vance
briefed him on this today. Apparently, it was tabled from the
other meeting to take a look at some of the amendments incorporated
by the City of West Palm Beach in their recent cable television
ordinance.
Councilman deLong moved to permit the question to remain on the
table, seconded by Councilmember Woolley. Motion carried 4-0.
Resolutions
Proposed Resolution No, 82-GG Re: Mechanism for Municipal Govern-
ments to Receive State Revenue Sharing Funds by'Wire Transfer
Assistant City Attorney Caldwelt read proposed Resolution No. 82-
GG by title only:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE DEPARTMENT OF BAbSC/NG AND
FINANCE OF THE STATE OF FLORIDA IN ACCORDANCE WITH SECTION 17. 075,
FLORIDA STA~ AND THE FLORIDA DEPARTMENT OF ~ IN ACCORDANCE
WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A B~NK TO.RECEIVE THE
REVENUE SHARING STATE WARRANT; A~Q~ING/THE~r~ S ~TO
WIRE TRkNSFER SAID REVENUE SHARING FUNDS TO A BANK DESIGNATED BY THE
CITY OF BOYNTCN BEACH TO RECEIVE SUCH FUNDS; kND FURTHER TO AUTHOR-
IZE THE BANK DESIGNATED BY THE DEP~ OF BANKING AND FINANCE
OF THE STATE OF FLORIDA AND THE FLORIDA DEPARTMENT OF REVENUE TO
- 24 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
DEDUCT THE COST OF THE WIRE TRANSFER FROM THE AMOUNT RS~EIVED FOR
TRANSFER."
Councilman deLong moved the adoption of proposed Resolution No.
82-GG, seconded by Councilmember Woolley.
City .Manager Cheney commented that this is a brand new thing which
the State is making available. It is a lot easier for them,
because they just transfer it by wire.. He said the City had to
adopt the Resolution~to-meet the State's Statutes and regulations.
He said it came from Tallahassee and will come to the City through
the Florida National Bank, which is the City's regular bank.
City Manager Cheney felt it would be a much more efficient way.
Mrs. Padgett took a roll call vote on the motion, as follows:
Mayor Trauger - Aye
Councilmember Woolley - Aye
Councilman Wright - Aye
Councilman deLong - Aye
Motion carried 4-0.
Proposed Resolution No. 82- Re: Opposing Casino~Gambling in
the State of Florida - Requested by Vice Mayor James R. ~Warnk~
Councilman deLong moved to lay the' question on the table, seconded
by Councilmember Woolley. Motion carried 4-0.
Proposed Resolution No. 82-HH Re:
East Coast Railway
Amended Agreement with Florida
Assistant City Attorney Caldwell read proposed Resolution No. 82-
HH by title only:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIPd~CTING THE MAYOR kND CITY CI.~RK TO
EXECI/fE ON BEHAL~ OF SAID CITY AN AGRFmu~KNT WITH FLORIDA EAST
COAST RAILWAY, IN CC~JUNCTION WITH THAT CERTAIN AGREEMENT THAT WAS
EXECUTED BY THE CITY BY AUTHORIZATION OF RESOLUTION NO. 81-AA."
Councilman deLong moved the adoption of proposed Resolution No.
82-HH, seconded by Councilmember Woolley, Mrs. Padgett took a
roll call vote on the motion, as follows:
Councilmember Woolley - Aye
Councilman'Wright - Aye
Councilman deLong - Aye
Mayor Trauger' - Aye
Motion carried 4-0.
- 25 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Other
Consider Beach Concession Lease
City Manager Cheney presented to the Council, as they instructed at
the last meeting, the lease to the beach for Mr. Lichtenstein that
is similar to the lease that is currently in effect. He was sure
that the Council wanted to have an adjustment in the annual rental
rate similar to the same adjustment that had taken place in the
last five years, even though the suggestion was that the lease
be the same, so the attached lease incorporated the change.
He raised some questions to the Council in his memorandum to
them dated April 20, 19.82. City Manager Cheney's recommendation
to the Council was that they not continue with a lease'similar to
the one they did have. His reasons for 'that were identified in
the memorandum.
COuncilman deLong moved that the lease, as presented, be executed.
Councilmember Woolley seconded the motion~ Motion carried 4-0.
Administrative '-Requested by Councilman deLong
Councilman deLong wanted some clarification w±th regard to the
agreements being signed with the people in the unincorporated area,
where they sign the agreement when they become contiguous that
they will petition for annexation. He alluded to a spot where
they just use it to rent out space for signs that are not compatible
with our local sign ordinances.
Councilman deLong pointed out that the City has the unique situation
of having thirty acres or more that is sandwiched in the City
boundary line, and this parcel of land is surrounded and borders or is
contiguous on three sides to the city limits of the City of Boynton
Beach. Councilman deLong wanted to make certain that when these
people come in, that immediately they will have to petition for
annexation.
To City Manager Cheney's knowledge, the City has had very little
contact with the property owners. He was sure that when they
agree to enter the City, one of the City's conditions of annexation
can be the demolition of those two billboards. City Manager
Cheney thought there would be no problem in bringing that about
because he suspected that when they get ready to develop, they
will want water and sewer and it seemed to him that that motto of
"Give and take" would take place at that time.
The point Councilman deLong was trying to make was that when they
come in, they do not sign any agreement. They immediately petition
because they are surrounded on three sides by the City. What
City Manager Cheney was saying was if they sign that agreement,
they are automatically signing their agreement for annexation right
off the bat. Councilman deLong thought the agreement could stand
a little amending.
- 26 -
MINUTES - REGULAR CITY COUNCIL MEETING
BQYNTON BEACH, FLORIDA
APRIL 20, 1982
Counc±lmember deLong mc
at the next meeting of
can get some suPport whi
contiguous to a townsh±]
with the Codes of those
Councilman deLong wishe~
issue up and see if we
has its own Codes and ti
according to the County
municipality or townshi]
Councilmember Woolley cz
office does not haue an.
residential sections,
that the piece of land
all agricultural land ii
boards. Councilman deL~
as Agriculture until thc
Councilman Wright sec~n~
Council's wishes pertai]
the County League of Mu]
Councilmember Patricia
Councilman Wright info~
response from the Count~
with the City's request
the City could get some
that the City had not mi
the City asks the Coun~
do about the billboards'
not do anything. Counc~
annexation plans with ti
A vote was taken on the
Councilmember Woolley a~
question of the billboa~
was anything they could
He said he had pictures
the Council felt it was
about the beautificatio]
the signs up without ew
they might address the
Springs how they would
their front door yard.
the bank should do thei~
feeling that the bank i:
to their beautiful sign
Councilmember Woolley ac
ally. She went in and
red that Councilmember Woolley be instructed
~he League of Municipalities to see if she
re unincorporated areas border on or are
or municipality, that the County complies
places that they are contiguous to.
to have Coun¢ilmember Woolley bring the
~an get County support. He said the City
~e County' permits the people to build
Code. Later on, the people come into the
and they are non-conforming uses.
mmented that the County Building Official's
~thing in regard to being so close to
~±ty Manager Cheney info~rmed the Council
.s zoned in the County as Agriculture, and
~ the County is permitted to have bill-
)ng remarked that all CountY land is zoned
~y develop
~ed Councilma~ deLong's motion that the City
~ing to annexation procedures be referred to
~icipalities by the City's representative,
~oolley.
~ed the Council that the City did receive a
before saying they were unable to comply
Counc£1man deLon~ still wanted to see if
support. City Manager Cheney asserted
~de a request to the County. He said if
League of Municipalities what they can
the County League of Munnicipalities can
~lman Wright was talking about the
~e County.
motion, and the motion carried 4-0.
~ain asked t~he Council to consider the
~ds and asked City Manager Cheney if there
do. .City Manager Cheney did not believe so.
if they want pictures. He thought,~ if
proper, they could express their concern
~. City Manager Cheney suspected they put
~n thinking about it. He told the Council
)ank and Indian Springs, and ask Indian
~ike a billboard of that nature across from
City Manager Cheney suggested that maybe
advertising on their own side. He had a
surprised that there is any opposition
vised that she addressed the bank person-
~poke to the Bank President. Council-
member Woolley said she was not very well received. She added
that he was very surprised and a~ked, "What is wrong with the
people in Boynton Beach? Can't I put a sign there?" The next
- 27 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
response was, "I 't put the sign "which Councilmember
Woolley said was e, as it was not sign.
Mayor Trauger that the an official letter to
the County Commission voicing its and, more or less,
suggesting that they might propose an ordinance to sign control,
and then address a separate copy to the head-' organization of the
banks, expressing~ the City's displeasure with the signs.
Councilman deLong told Mayor Trauger it appeared to him that any
moves along those lines would not have much effect because they
are in compliance with the County sign ordinance. Mayor Trauger
commented, "Nothing ventured, nothing gained."
Councilman deLong agreed that it may help, and he could understand
what Councilmember Woolley meant about the reception, Several
people called Councilman deLong that had called the bank, and they
got "chilled" also. Councilman Wright asked if people had been
complaining about the billboards, Councilmember Woolley replied,
"Lots of' people." She had the feel±ng' that the signs were going
to go, one way or the other, whether legally or illegally.
Councilmember Woolley advised that they are huge billboards, and
if she bought a $195,000.00 home in Silverlake and sat on her back patio
and looked at an atrocious billboard, she would guarantee that she
would be out there doing something.
Councilman deLong remarked that something should~be done. He gave
the example that the City has a real estate company within the
City, and the City prohibits advertisements on'benches. He said
there was a bench on Gulfstream B~uleva~d~ and also on Federal
Highway with advertisements on it. When'the inspectors told them
about it, they just politely moved them across the street on the
opposite corner, which was in the unincorporated area, Councilman
deLong said there should.be cooperation between the County and the
municipalities.
City Manager Cheney pointed out that the CoTran bus system has
been promoting the idea of bus stops that are paid for, They
· advertise according to bench sales for the bus' stop, City Manager
Cheney said it was ap a~t.of the CoTran system,
In 1970, 1971, 1972, the City was just loaded with benches, Council-
man deLong said, and there were advertisements on all of them, It
was really a carnival atmosphere, Councilman deLong recalled, and
the City bought the benches from the people who sponsored this~ He
said it was a local civic organization. It was outlawed at that time.
Mayor Trauger referred the Council baCk to the billboards and
suggested that perhaps the Chamber of Commerce could assist the
City in putting pressure on the'banks to help get the signs down.
Councilmember Woolley said she talked to ~Dr. Massella, President
of the Chamber of Commerce, who lives across the street from one
of the signs. Councilmember Woolley said Dr, Massella would rather
not have to get used to seeing that sign there fora long period
of time, He did not care for the sign, Councilmemb~r Woolley
advised, and that was putting it mildly.
- 28 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Mayor Trauger reiterated that he would like to see the City send
a letter to the County Commission saying that the City disapproves
of the signs and urging them to do anything within their power.
Secondly, Mayor Trauger wished to have a letter addressed to the
main corporate headquarters r~ ~.~.,~ i~'77- of the bank, and a
letter of information to the local bank, and a letter to Indian
Springs, expressing the'City's displeasure.
Councilman deLong made Mayor Trauger's above recommendation in
the form of a motion, which was seconded by Councilmember Wooltey.
The motion carried 4-0.
Auxiliary - requested by Councilman Joe deLong
Councilman deLong recollected that at one time there was a Police.
Auxiliary. He said City Attorney Vance came up with the legis-
lation to include the volunteer firemen who were still with the
department in-the pension system. Councilman deLong advised that
there were two fellows in the Police Department that were members
of the Police Auxiliary, and both are now in the Detective Bureau.
Councilman deLong referred to Larry Gamble, whO was sworn in on
the 12th day of February.; 1965 as an Auxiliary Patrolman, and he
joined the force on March 1, 1969. The other one is Harold Miller,
who joined the Auxiliary on the 10th day of October, 1959 and
joined the regular force on November 29, 1962, In all fairness to
those two men, if this protection was extended to the firemen,
Councilman deLong thought it should be extended to the members of
the Police Department insofar as longevity as far as their pension
is concerned. ~
Councilman deLong moved to have the City Attorney, in conjunction
with the City Manager, come back~ with some type of legislation to
take care of these two members of the Detective Bureau. Council-
member Woolley seconded the motion
Councilman deLong said the Fire Department was already in.
Councilman deLong explained to Mayor Trauger that what has to be
taken care of is the Police Department. Councilman Wright asked
if all of the employees were protected. Councilman deLong replied
that. there were only two of the auxiliary left on the regular~ force.
So that he could understand what to tell City Attorney Vance,
AsSistant City Attorney Caldwell asked if that was giving them
longevity. Councilman deLong replied, "Yes, in the pension."
Attorney Caldwell asked if it would be back to when they~became
members of the Auxiliary. Councilman deLong said that was right.
Mayor Trauger asked if everyone understood the motion.
taken on the motion, and the motion carried 4-0.
A vote was
- 29 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLQRIDA
APRIL 20, 1982
OLD B'US!NES S
Approve Staff Recommendations for-NecessaryCapital Improvement
Projects for S~b~iss'fo'n 'to CoUn'ty Engineer
City Manager Cheney passed out lists of Roadway Improvements,
Traffic signal Improvements, and Bicycle Path Improvements that
they are forwarding to the County, He said they were more
extensive than what,was presented before. City Manager Cheney said
they were talking about improvements as shown~.'.on the lists
attached hereto and made a part hereof.
Mayor Trauger asked City Manager Cheney if there was a deadline on
this. City Manager Cheney answered that it had to be in by the
end of the month. He informed the Council that there were a number
of traffic signal improvements and a~number of bicycle path improve-
ments.
Obviously, the cost is extensive, City Manager Cheney, told the
Council, but they are projects which need to be considered by the
County in their capital improvement program for the area, He
stated that they are all County projects. Some of them, like bike
paths, City Manager Cheney said, the City would be sharing with'the
County When ~they are in the City limits. He said they were all
parts of costs that the City will have to face up to, acknowledge,
and decide we are going to do it.
City Manager Cheney recommended that the Council have them sub-
mitted to the Board of County Commissioners for their consider-
ation, so they cannot say they never heard from Boynton Beach.
Councilmember Woolley asked if they were listed in order of
importance. City Manager Cheney said they were not, because they
have areawide benefits, and they would prefer to let others
decide which one should come first because some of these may tie
in with other situations.
Councilman deLong moved to approve the staff recommendations for
necessary capital improvements' project for submission to the
County Engineer, as established on the priority list of the City
Manager. Councilmember Woolley seconded the motion.
Mayor Trauger questioned City Manage~ Cheney concerning No. 5,
"Bridge cross-overs on Congress Avenue at L.W.D.D. Canals ~27 &
28" under "Bicycle Path Improvement. s", As Mayo~ Trauger recalled,
these two were rather expensive When proposed a couple of years
ago. He asked if it was because of the expense involved in
bridges. Mayor Trauger asked if the City was in danger of knock-
ing out consideration for the City'!s other projects which he
considered rather vital, particularly N. W. 22nd Avenue between
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Seacrest and U. S. 1. City Manager Cheney didnot think so. He
hoped that the bike paths on the canal would be addressed when the
road~ ~_~hose~i~tions~FO~xample,-C~ngress Avenue
is being in the mallrand Motorola area, and the bike
paths are being put in, in accordance w±th~the widening of the
road. Mayor Trauger asked if that wording could be put in.
City Manager Cheney assured him that the City w oald do that.
A vote was taken on the motion, and the motion carried 4-0.
Consider Policy Changes from Golf Course Advisory Committee
City Manager Cheney informed the Council that they received some
proposals for some amendments to the' process for permits to golf
course membership. He said it was reviewed by the Golf Advisory
Board last night and with a couple of minor changes was approved
by the Board.
One addressed a lottery for County residents ~(non-City residents)
which will be held on Thursday., May 6, 1982 at'~e Ci%~c Ceh~er~Auditorium.
On page 3 of the report, where they talk about refunds of the
second payment or 3/4' payment; City Manager Cheney said an
additional ~reason for having a refund was added, which would be
"e) death of the applicant" because a disability would not handle
that.
On ~e ~aph "F", in the fourth line, City Manager Cheney
said ~?it shoUld read "later da~e, at~l'eas~ two months"
and last line where it says "S-~p D above,!' it should read
~Step C~ above.!'
In summary, City Manager Cheney said they have more than the
maximum allocated number of applications from the non-City resi-
dents. Therefore, they need a lottery. He informed the Council
that they have less than the number from City residents and .do not
need a lottery. All of the people from the City will simply be
kept in chronological orders. All of those in the County will come
out and the lottery will be for those who submitted their appli-
cations prior to the end of March. They will be in the lottery
or will be on the next waiting list. Those after March will be
in the chronological list.
It provides for an additional payment prior to October 30th, which
is nonrefundable except for a few limited reasons, that payments
will guarantee a first annual membership of $500.00. People say,
"Why should I put up my money ahead of time?" City Manager
Cheney explained that the City likes the money ahead of time
because, obviously, they make money on it. The City does not
plan to pay interest but plan to guarantee the amount of the first
year's payment, so people who put that money up ahead of time are
guaranteed an annual fee, and the City will have an indication of
how many people are going to join up to play.
- 31 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Also included was if anyonewho-'paid.~theirlf~st $50.00,~ntsthei~
money back, they can have their money back, City Manager Cheney
continued. He said ~the Board thought they made it very clear what
the payment of.the first $50.00 meant. However, there was some
confusion so they were recommending that if the people want their
money back, let them have it back for the first $50.00. They will
write them all a letter, sending them a copy of the process so,
hopefully,~ they will all understand.
Councilman deLong moved to approve the policy changes from the Golf
Course Advisory Committee, seconded by Councilmember WOolley. The
motion carried 4-0.
American LegiOn/Day 'Care Land SWap
City Manager Cheney had nothing more to report other than what 'is~
contained in his memorandum Of April 12, 1982 to councilman Samuel
Wright. He indicated in the memorandum that Rev. Douglas Davis
had asked that the matter be placed on the ~agend~.aga~.~forthismeeting,
Rev. Douglas Davis, 301 N. E. 13th Avenue, Boynton Beach, Florida,
informed the Council that he (~epresenting the American Legion) met
with the Day Care Center. Rev. Davis stressed that time is ~astly
coming to a close for him, as he is not getting any younger. If
possible, Rev. Davis wanted to get the matter closed once and for
all due to the fact that people are holding money in escrow for
them, providing they can make the deal and start ~their building.
Rev. Davis pointed out that if you are going to give someone some
money and they cannot come up with a plan to start building, you
will find some other source to give your money to. Revl Davis
said the American Legion was losing money because the City will not
grant them the swap~ He asked the Council to negotiate, because
the American Legion is ready,
Rev. Davis asked the City to notice .that everytime there is a
parade, Leroy Parker Post 288 carries the colors. He said they
respond to the City's call. If the City needs help to do some-
thing, they are there to do their part. He asked the Council why
they could not sit down and negotiate and get the matter closed
once and for all.
Rev. Davis informed the COuncil thst they had .property over on
22nd, on~R~h~and-3~ and around ROlling Gree~ Ridge. The City of
Boynton just has property, Rev. Davis commented, so what is the
hold up? He asked why the Council could not do something. Rev.
Davis told the"Council when they get ready to meet, they have to
say, "Could we please use the place?" He emphasized that they
have no place to meet.
Rev. Davis informed the Council that these are Wo~ld War II veterans,
and some were World War I veterans who are now deceased. They
still do not have a home. Rev. Davis said they purchased the '~
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
property and the City knocked them down there. He asked why.
Rev. Davis advised that Day Care is not doing anything. If they do
not build there, he asked the Council to let them build on 22nd.
That would be no problem to them. Rev, Davis said they just want a
place they can call their own home. He'~told the Council to look
at him and said he was 58, with only a few more years left. Rev.
Davis said he would like to see the building go up so his name
could go on the p~aq~ea~d his grandchildren .and children could say
that their father or grandfather helped with the construction of
the bUilding. He said he has been fighting for the building and
thought now it was time for them to sit down and seriously
negotiate for something.
Councilman deLong said.the consideration for these~people was long
overdue, and the hardship that they are presented with was caused
by the City as a result of a piece of land that they did purchase
originally as a building. Councilman .deLong'is sympathies were
with them. As a veteran himself, CounCilman deLong pledged his
100% support. He thought it had been hanging fire much too long and
deserved all of the consideration that the Council could give.
Councilman deLong said there had not been one occasion since he
has been a resident of the City when Leroy. Parker Post 288's Color
Guard has not shown up when others ran away from the particular
affair. He felt they should be commended for their patriotism,
and CoUncilman deLong said there was a lot needed in the nation
today.
Councilman deLong knew of no reason why, with the 13 plus acres
the City has at 22nd AVenue, ~i~ would'interfere with any shooting
range, He said the City also has an ~indoor shooting range. Council-
man deLong felt the City was.±n a position to swap a piece of land
for the land that the Legion owns. He further suggested that in the
swapping of the land, they put it up for public bid, sell it, and
put a decent road in there so that people could get in and out
where the FOP is at the present time. Councilman deLong advised
that the road had to be widened as you risk-an accident every time
someone comes out and someone else is trying to go in. He thought
some attention should he-given to that. He also believed that the
sale of the property would help to get the 'road constructed.
Councilman deLong moved to turn the matter over to the City
Manager in conjunction with the Director of Recreation and Parks,
who has plans for that parcel of land.up there, and also the City
Attorney to arrange and go forward with the swap, He said they
should come back to the Council and~have everything molded together,
so the Council can take the final action on it. Councilman deLong
thought they would be very much satisfied up on N. W. 22nd Avenue
and believed they were entitled to a spot up there where they could
enjoy themselves. Councilman deLong thought it was the most
appropriate place and expressed that he would not want to see them
on 3rd Street and 9th Avenue because there would be. congestion there,
and 'i't wa~-not t~e'~p~ro~iate.p!~ce for '~hem.-. He.n~ there.: was
pte~f~-'~ac~aa~i~~i~ac~e~'u~ 0~ 2~'~venue a~d felt that is
Where they should go.
- 33 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
There was one part of 22nd that Mayor Trauger was not so sure of.
He said it would require qu~te~'~a~-~ roadway to get in there, and
asked who would build the road. Councilman deLong replied that the
City is going to develop ~that land anyhow. He said there are plans
for the development of that~and, certainly, the City will develop
it because it is City land. Councilman deLong said the .people were
just as willing to be inconvenienced with the road as it is at the
present time. Getting the road would probably be a long range
situation, but if the land swap is made, Councilman deLong'would
say that any funds that were derived from the public sale of the
lot that the American Legion has that the City cannot use should be
used for the construction of the road at the time it would be
possible.
Mayor Trauger saw Councilman deLong's point but he recalled a meet-
ing several months ago %hat he attended with the Day. Care Center
where they were attempting to raise funds and were going to have an
architect submit a drawing for the expansion of the present.Day
Care Center. Where it left off or did nOt cover the land, Mayor
Trauger said it looked like a potential for the American Legion
Post on the end. Then he r.ecalled that the American Legion was
willing to build a building next to the Day Care Center that the
Day Care Center could use in ¢~op~rati~n~ ~':~. -
Councilman deLong advised that it would not be compatible because
any Legion Post of any consequence would probably have a bar in it.
He noted that a bar is a good source of revenue.
Rev. Davis reiterated that he had met with the Day Care Center.
The last conversation he had-with City Manager Cheney was that he
was waiting for them to draw up some plans. Rev, Davis called
attention to the fact that they have been waiting for 14 years
on plans. He exclaimed that they have plans and submitted Plans
to the department, which have been approved, so that they can
build. Again he asked, "Are we going to have to wait another year
and a half to get some more plans approved before you all are go-
ing to d~cide to let us build or do something?"
Mayor Trauger asked Rev. Davis if he would.rather be by the Day
Care Center or off of 22nd~ Rev. Davis replied, "Where I would
rather be? I WOULD RATHER BE IN ~ BUILDINGS, the quickest place
I can get. If it is right alongside of City Hall, I will put it
up right there. Just give me the ~kay¥~o>'start'~%ui~h~" -
\
Mayor Trauger asked him to realize there would not be a road in
there. Rev. Davis understood that and said they ~ould make their
road.
City Manager Cheney did not want to throw cold water on the
matter but'he had some concern that when they subdivide the land,
the City has their own regulations and Will try.~to make i~.work,
but he ~as not~Sur~tt~-eY~Id subdivide a lot where they did not
have public access to it. City Manager Cheney was not sure of the
nature of '%~t public access, so~ ii~ was ~ ~ question they presented
- 34 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
to the Council some months ago, when they had a map there, on the
22nd Avenue site. He advised that they would raise those issues
again and will take a look at that again. City Manager Cheney did
not want it left. He pointed out that there has been a lot of
delays on this and a lot~of effort put into the~matter. Both sites
have been discussed, City Manager Cheney continued. He continued
by saying it has been the feeling that they could be compatible at
the Day Care Center, but the Legion also has the feeling that
they would gladly go any place they could go, which was no problem.
Mayor Trauger referred to Councilman deLong's motion but he did not
have a second. He asked if the Council could go full speed ahead
and find out from the City Attorney if it ~cOuld be platted so that
they could get Rev. Davis in a building sometime this year. City
Manager Cheney said he woUld pick up the project from where it was
before.
Councilman deLong could see no reason why the City cannot, on its
own property, make these type of arrangements. He said they had
no problem when the property was leased to the Fraternal Order of
Police. He asked what the difference was. City Manager Cheney
explained that the Council wants to trade the property and wants
the Legion to become owner of the. property. Councilman deLong.
remarked that it had been done before and that he had been here
long enough to see it done before. City Manager Cheney agreed
and said he would try it, but he did not want to hold out false
hope.
Councilman Wright was disgusted, He thought the American Legion
had been going back and forth for too long, It did not matter to
him whether they went on 22nd or on 9th, and he did not think it
mattered to the Legion because they just want tolbuild. He felt
the Legion made that very clear. Councilman Wright said if the
City allows them to go to 22nd, it would be fine with him, but
he thought they needed to go some place and, as they said, time
is running out. Mayor. Trauger agreed. Councilman Wright added
that they should move in some direction.
Councilman deLong apprised the Council of the fact that the Day
Care Center group has a meeting this week or next week on their
plans for expansion, and they are putting on a drive 'for funds.
Councilman Wright seconded Councilman deLong's mOtion that the City
investigate the land swap for the American Legion on the 22nd
Avenue site as to the legality and to the road, as expeditiously
as possible. Councilman Wright questioned the motion, as they had
been investigating it for awhile. He asked if they were saying
the City Attorney should move ahead and make sure that it is taken
care of. Mayor Trauger replied, "Yes." Councilman Wright pointed
out that it had been investigated and had been back and forth for
some time now, Councilman deLong said they want action. City
Manage~ Cheney said they would bring bac~ a report. ~_ '
- 35-
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
City Manage~ Cheney advised that if there are legal problems in
the ordinances relative to subdivisions, he could not go out and
sell the Legion a piece of land. He was just saying those may be
the problem. He emphasized that if there areproblems with access
on 22nd Avenue because there would not be legitimate access, he
would not be able to make that happen~andbring it back to the
Council for response. Councilman deLong said the City has attorneys
to take care of its legat~problems,
Assistant City Attorney Caldwell told the Council that if they
tell the attorneys to get it done, they will find a way to get it
done. He said they were talking about the ~City~s own zoning and
ordinances and there is a case law that he has used, although he
did not believe the City liked to do this. He noted that the
if~it ~Oes ~no~t~ant. to~ be.
current M. A. I, on the
property presently owned by the Legion. City Manager Cheney
answered that was another complication. The past philosophy of
the City Council has been that they would swap land with the American
Legion. He asked if they~were now talking about selling land, and
if they sell land, would they sell it M. A. I. City Manager
Cheney also asked if the City sells it, do. they have to put it out
for bid and sell it to the best bidder? He asked if there was some
reason to select the American Legion,
Asst. CiHy Attorney Cal~well understood the philosophy was to swap
the land already owned by the Legion for land presently owned by
the City. An even swap, Attorney Caldwell thought, apparently
would have to be justified by comparable values, City Manager
Cheney said there was no way in which this swap could be justified
~ comparable value. He said they would, be swapping 10,000 square
feet for probably 20,00'0 to 25,000 square feet~ City Manager
Cheney did not think they were going to find an M. A. I. unless you
tell him what the results will be. He repeated that was pa.mt of the
complication he was addressing.
Councilman deLong stated that as long as Assistant City Attorney
Caldwell has had this experience, he thought the law firm should
engage him to work out this problem~ and work on it. Attorney
Caldwell advised that they all work on ~lt~of,~/ae problems, so they
would get on it. He said they would have to have anM~_!~ ~nether it
turns out that they sell additional land or not, they would have
to have a current appraisal of the Legion's land but he did not
want to tell them to go and spend money for'it if it is going to
become obsolete. Attor~ney Caldwell said that whatever they come
up with, as part of the package, a current M. ~. I. appraiset will
be necessary, He 'said those people are busy, and it may be some-
thing the Council will Want to address and start getting,
Rev. Davis said if there was going to be a hassle over swapping
the land, the City could lease them the property for one hundred
(.100} years. He told them to lease them the property for $t.00 like
they did the Day Care Center. Mayor Trauger said Attorney Caldwell
would find a way around the problem.
- 36 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Councilman Wright commented that there may be some problems but
he would like for the City staff' to come back with a recommendation
that they have found a lot or a space where they can build. That
was what Councilman Wright~ was concerned about. He did not care
where it was, as long as there was a pl.ace in the City that the
American Legion was comfortable with. COuncilman Wright said it
did not need to be that site, just a place they could build on.
Councilman deLong said they would also need to take into consider-
ation that up there, it was more or less a recreation area. They
were not Violating any cod~ but he did not think it would fly to
take any lot the City owns. Councilman deLong said they would also
have to take into consideration the zoning code.
A vote was taken on Councilman deLong's motion, and the motion
carried 4-0.
Consider Request from Milnor Corporation - Requested by COuncilman
Joe deLong
Councilman deLong referred to a letter he received from Norman J.
Michael, Milnor Corporation, Boynton Beach, Florida, dated April 2,
1982. He said he responded to the letter and was presenting the
letter for the Council's ~discussion.
Mayor Trauger, in looking at his advertising text, could find
nothing that said banners either add to a business or detract from
a business. He was quite sure that banners had been addressed when
the City's ordinance for signs was put up but'it was not in that
ordinance.
Councilman deLong s~ated the ordinance says no animation. He said
there is animatiOn when ~'he breeze blows in the waving of the
banners. If the City permits this, Councilman deLong said the City
wlll have to go through the Coney Island effect of~ng'~lights all
around the building (such as Popeye, when Popeye first opened).
Councilman deLong said they were opening up the door, and if they
wanted to upgrade the City, they should upgrade it.
Mayor Trauger's point was that he felt banners such as this do not
add to an attractive display on a beautiful City. -.~'.Councilmember
Woolley asked if' MilnOr Corporation was cited for the banners.
Councilman deLong believed so. Councilmember Woolley did not think
he was the only one cited. City Manager Cheney stated that they
cite them all~ but Milnor Corporation had banners and flags flying
there now. Councilman deLong thought it should be turned over to
the City Attorney to see if there could not be an amendment to the
present Code in order to eliminate using, the flag for advertising
purposes.
City Manager Cheney suspected~that the writing of the Code was
basically to have no animation. Someone said, "What about when the
American Flag flies, and someone answered, "Obviously, that is OK."
City Manager Cheney pointed out that it did not mean, as Mr.
Michael suggests, that the ~ten~t~w~s~ t~ ~se the American flag to
- 37 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
advertise. Councilman deLong remarked~that Mr. Michael was. using it
now. City Manager Cheney said you cannot tell a guy not to fly the
A~erican flag.
There was discussion~ as to what the Council should do with the matter?
~ouncilman deLong moved to deny the.'~equest of.. ~i'!h6r~ .Corpora-
~i~n'?and~con%inU~to~ply with the e~isting Sign Ordinance.
Councilmember Woolley seconded the motion, and the motion carried
4-0.
Authorize ProCeeding With 'DoUble~ Taxation Study
Councilman deLong moved to proceed with the Double Taxation Study,
seconded by Councilman Wright. Councilmember 'Woolley added, "Not
to exceed $13,000.00." City Manager Cheney explained that was the
maximum. It may be less than that, but until they know how many
communities are participating, they could not pick a precise
number. ~ Councilman deLong said it was not an~ accurate figure.
Mayor Trauger said it~ was established by Agenda memo dated April
20, 1982. A vote was taken on the motion, and the motion carried
4-0.
City Managelr Cheney reminded the C~uncil 'of one thing Councilman
deLong had said. He said Councilman deLong noticed that in the
agreement tlhere was a possibility of an arrangement with a
contractor for a percentage compensation for the consultant, City
~anager Che~ey said tha~ ~a.s out.. There is n~ percentage involved
at all; it is a flat fee,
Authorize Final Review of Air 'Conditioning, Light±ng, and Roof
Repair - City Hall
City Manager Cheney passed out another document for the Council to
read. He said it was a>pro~ect that,the City needs~ city Manager
Cheney said it went back to the days when they were talking ab0u%
replacing the roof at. City Hall and the question of what to do
with the stuff that is on the roof, the studies of the whole air-
conditioning system', and the complications with the building
because it is old and was added to. He continued by saying the
City realized ~%hey have too much air-conditioning capacity in the
building but they cannot make the air-conditioning system work
right. The City would have to start examining it. City Manager
Cheney informed the Council that no money has been spent on it yet.
He said they were now at the point where they totally agree that
the City should hire a recognized firm, Robert S. Curl, Consulting
Energy Engineer, to do a study for the building, not only of air-
conditioning and lighting, but also for an additional $1,000.00,
besides what is. atrgad~'~n~there, ~r ~'t~ta'l of~ $4,500.00) to
analyze all of the electric circuits in the building.
City Manager Cheney said there 'was electricity in the City Hall,
and they do not know where it go~s or where the sgitches are. The
- 38 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
memorandum City Manager Cheney just gave ~he Council told them that
the current air-conditioning system in the building had a maintenance
cost of $7,500.00 over the past five years, or $1,500.00 a year.
City Manager Cheney said it was a cost that is .- _~ going on and
on, and pretty soon the downstairs unit will fall apart, and the
City will have nothing. He said-perhaps it ~will fall apart in the
busy season, and Wit~coSt a lot ~to repair .when everybody is
busy.
City Manager Cheney recommended a $4,500.00 study for City Hall to
get the air-conditioning, lighting and roofing business with a
firm recommendation from a consultant, who staff,.is thoroughly
convinCed can do the job right. CSt.y~Manager Cheney said he had
samples of some of.~the Studies~the consultant 'has done before.
Mayor Trauger asked if the $4,500.00 included 'the $1,000.00. City
Manager Cheney said the total woul¢
Cheney thought it would be an inve~
when the City gets on with the ligt
consider lowering ceilings downstaJ
whole number of reasons that ~the CJ
study, so they will not keep throwJ
Mayor TraUger asked if there was
City Manager Cheney answered that
~hat-coverg ~his buit~ingandthes~kinds
library. When they 9et all done,
Council, they may be $5,000.00,
He said they will not know until
everything, but they would ha~e a
Councilman deLong moved to authori~
conditioning, lighting, and roof r~
was seconded by Councilmember Wool]
was added to the motion by Mayor T~
Manager Cheney, Councilman deLong,
vote was taken on %he motion, and
NEW BUSI~NESS
Noise Ordinance
City Manager Cheney said the memora
maintenance of lawns and grass area
golf courses before 8:00 A. M. He
quite clear that you cannot operate
There have been complaints about t~
Cheney told the'Council~ they would
tion was that the Council consider
which would allow people to operate
least a commercial venture. By th~
nurseries,-golf courses, and things
that golf courses have a real prob]
[ be $4,500.00. City Manager
itment well made, and he felt
~ting system., they would want to
.rs again. He said there were a
.fy should ~d.~wi~J~"?~ts type of
ng money away.
,ney in the budget for this.
~here is $6D,000.00 in the budget~
~f'problems,and the roof of the
lity Manager Cheney told the
000.00, or $7,000.00 short.
~ey finally get the bid's for
olution to everything.
e a final review of the air-
~pairs to C~ty Hall. The motion
.ey. "Not ~o exceed $4,500.00,"
~auger and ~pproved by City
a~d Counci~member Woolley. A
.he motion ~arried 4~0.
ndum before %hem addressed the problem of
~s, particularly on country club
said the City ordinance was
a tractor before 8:00 A. M.
.e problem, which City Manager
have to address. His recommenda-
an amendment to the ordinance
tractors and lawn mowers, on at
s, .City Manager Cheney meant
of that' nature. He stressed
em.
39 -
MINUTES - REGULAR CITY COUNCIL MEE
BOYNTON BEACK, ~FLQR!'DA' ~ · ~.
Councilman deLong pointed out that
specific, because of developers.
ventures would pin it down· Counc
heard the noise early in the~morni]
if you take the amenl
trade off for many otl
lng about where he li
or Ocean Ridge - he can h
City Manager Cheney s~
He was talking about.
he could see a probl~
they will have to do'
deLong reiterated tha-
Councilman deLong mow
appropriate exception
also be a public hear
Assistant City Attorn~
was their request. C
fact~ that golf course:
not, they do not have
out there before peop
that they see what ot]
Councilman Wright sec~
ADMINISTRATIVE
Consider Request for
Mr. Joseph A. W
Estates - 3803
Mr. Harold Bark
Estates - 380'5
City Manager Cheney ii
pieces of property, a:
Councilman deLong move
annexation, seconded
4-0,
Report on Curtailable
ment Plant
~y of-living ]
~er things. C
yes - across
~id he was no~
ideally allow~
n for some of
~heir work ea~
~, they should
~d to refer ±~
. City Manag~
Lng'to give p~
~y Caldwell a:
Lty Manager C]
are to be ~
a decent gol~
[e play golf.
~er Cities ha~
)nded the mot~
nnexation
~bb - Lot 106
~,atl Street
)ur - Lot 107
~all'Stree't
.formed the C(
~ shown on th~
~d to approve
)y Councilme~
Electrical S~
City Manager Cheney told the Counc
to see if the Council would have a~
Council that the City .plans to ent~
~ ING
APRIL 20, 1982
they wilI 'ha'ye to be very
~ayor Trauger'thought commercial
~lman deLong asked him if he ever
~g. Mayor Trauger commented that
~ear a golf course, you make a
~uncitman deLong said,he was talk-
the Intracoasta.1 and Briny Breezes
orningwhentheyare out there,
2 talking about condominiums.
~ng it just for golf courses, but
the nurseries, as they may feel
fly in the.morning. Councilman
be specific about it.
rtO the City Attorney for the
Cheney added that there would
~ople a chance to comment on it.
~ked if "Except on Sundays"
~eney called attention to the
~intained every day. If they are
course, and they have to get
Councilman deLong suggested
e.
~on, and the mo'tion carried 4-0.
Block 000 - Trade Winds
Block 000 - Trade Winds
~uncil that these are two little
map.
the requests for process'~.of
~er Woolley, Motion carried
~rvice Contract for Water Treat-
.1 this was partly for information,
ty objections. He informed the
~r into the agreement with Florida
Power and Light Company and anticipate a possible savings of some
$7,000.00 plus a year, City Manager Cheney said they had done a lot
of study to make sure it. does not ~p'set the treatment plant process.
He commended both Perry Cessna, Utilities Director, and Bob Kenyon,
- 40-
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
Water Plant Supervisor, for working hard at this k, ind of thing to
see that they could be sure that t
would save the money. He repeated
Kenyon have done a lot of Work. C
Council to know that they have ple
to handle the hours ~as~ the study
Councilman Wright moved to accept
Councilman deLong seconded the mot
4-0.
Accept Resignations from Communi~ty
Sussman and Lois Rush
Councilman deLong mowed to accept
letter of thanks for their service
Woolley seconded the motion. Mayo
Douglas Sussman had been in contac
Council to authorize him to contin
Day" on April 28, 1982, which he ~
Community Relations Board.
A vote was taken on Councilman del
resignations, and the motion carr~
Councilman deLong moved to allow D
the "Youth in Government Day", sec
Motion carried 4-0.
Consider Appointments to fill ab
Councilman deLong moved to place t
by Councilmember Woolley. Motion
Request for Disinterment
Request for Refu'nd on C'eme'tery"'L'Ot
heir plan-l~ would work and the City
that Perry Cessna and Bob
ity Manager Cheney wanted the
nty of reserve generator capacity
shows.
2he report and place it on file.
ion, and the motion carried
Relations Board ~ Douglas
the resignations with an appropriate
s rendered. Councilmember
r Trauger informed the Council that
t with him, and he wanted the
~e in the "Youth in Government
i~t~ated in part as Chairman of the
~ng's motiOn to accept the
sd 4-0.
Duglas Sussman to continue with
)nded by Councilmember Woolley.
)ye
me question on the table, seconded
~arried 4-0.
114 and 115, BloCk C
!
Councilman deLong moved to grant the request from Agnes G. Kelly
for the disinterment of the body~ Christopher F. Kelly from
Lot 115, Block C, to"be entombed the Boynton Beach Mausoleum
and that the purchase price for Lo~s 114 and 115, Block C, be
refunded to Agnes G? Kelly less 20~, Co~ncilmember Woolley
seconded the motion, and.the motioi~cazried 4~0.
List of Payments - Month of March, 19~82
Councilmam'deLong m6ved to accept '~he list of payments and place
°n fil~' sec°nded bY C°uncilmembei~Wo°lley' M°ti°n carried 4-0'~ ~:-~ . . ~';~-~ ~ _
it
MINUTES ~ REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA APRIL
20,
1982
Approval of Bills
City Manager Cheney read the following bills for approval:
1. Edwards Electric Corp. $
Installation new service, main switch, Well~5
Pay from Water & Sewer Rev. 401-331-533-40~3B
e
Sam Galloway Ford
2 Ford FaizI~0nts for Police .Department
Pay from Federal Revenue Sharing 320-211-521-60-81
State Contract ~070,00-82-1
IBM CorPOration
IBM Copier-Montb]y lease charge 4/1/82 ~ 4/30/82
Copies made frcm 11/1/81 - 2/26/82
Pay frc~GeneralFund 001-194-519~40-22
IBM Corporation
System 34 Rental for April, 1982
Pay frcmvarious accounts - General Fund
Sm
H. F. Mason E .~.jpment COrp.
3 Leach 2R, 25 C. Y. Bodies mounted on 3 Ford
LTS 8000 Chasis
Pay fremSanitation Cap. Replacement
103,411-.54'1-60-86
Per bid 12/1/81, Council approved 1/5/82
Mr. D's Paint N' Piace
Repair to #320 Police Vehicle
Pay frc~GeneralFund Insurance Reserve
001~000-247-01-00
NCR Corporation
ll0M'U~ility'Bills
Pay frcm Water & Sewer Rev.
401-393-539-30-12
Puckett Supply Company, Inc~
Hydraulic Mausoleum Lift
Paid in advance so as to take advantage of
$173.80 discount allowed if paid by 4/21/82
Pay frc~B. B. M. P. Fund 631-399-539-60-44
Pay frem 1980-81Budget
Regency Dodge
1 Dodge Maxi-Van (15 Passenger Bus) for Recreation Dept.
Pay frcm Federal 'Revenue Sharing 320~721-572-60-81
State Contract No. 070-00-82-1
2,130.00
13,470.02
2,620.74
6,706.00
175~002.00
1,471.16
1,440.96
8,716.32
11,234.78
- 42 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL
20,
1982
10.
11.
Don Reid Ford, Inc.
3 Ford Escorts for Water Treatment & Water Dist,
Pay frcm Water & Sewer Revenue
401-332-533-6.0,83 $12,542.74
401-333-533-60-83
State Contract ~070-00,82-1
Russell &Axon
Professional services rendered on various projects:
Pay from following accounts:
403-000-169-01-00 $17,185.14
403-000-169-11-00 1,345.55
403-000-220-64-00 7,010.66
403-000-220-67-00 14,254.11
Some funds reimbursable escrowed account P. B, Co.
School Board, N. W. Developers. Scme funds 75%
reimbursable EPA
12.
State of Florida Dept. of 'Health & Rehabil'itati~e Svs.~
Payment 3 of 4 - Contract 09A - 1889 Florence Fuller
Child Development Center
Per Council Action 9/1/81
Pay frc~ Federal Revenue Sharing 320-641-564-40-5A
13.
14.
Wallace, RDberts & Todd
Professional services rendered Schematic
Design Phase for BoyntonBeachPark improvements
Inception thruM arch 31, 1982
Pay fremFederal Revenue Sharing 320~000-247-85-00
Video & Sealing, Inc. Est. ~4 FinalProj. 626~681-41
For Sewer cleaning &.TeleVision 2/19/82 to '3/18/82~
Pay frcm Utility General Fund 403-000-169-11-00
75% reimbursable fremEPA
15,
Isiah Andrews
DriYer for Senior Citizens Club
Pay frem Federal Revenue Sharing
Ordinance ~73-15, passed 5/15/73
320~641-564~40-5A
16.
Willie RuthMcGrady
Server~for Senior Citizens Club
Pay frc~Federal ReVenue Sharing
Ordinance ~73-15, passed 5/15/73
lwk.
3~0-641-564-40-5A
City Manager Cheney
17.
18.
added the following:
Bayonne Construction Corp. - final payment
Asphalt surface construction - Wils?~_ Park area
Pay frem General Fund 001-000-115-83-00
South Central Regional Wastewater T~eatment BOard
Services in the treatment and disposal of wastewater
for month of March, 1982
Pay fremWater & Sewer Rev. 401-353-535-40-9I
- 43 -
$ 18,828.11
39,795.46
1,050.00
7,085.00
3,861.65
70.20
67.20
4,859.00
64,000.00
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
APRIL 20, 1982
City Manager Cheney referred to Bill No. 18, South Central Regional
Wastewater Treatment Board. He advised that they had sent a bill
fOr over $72,000~00, which staff did not think was correct. City
Manager Cheney recommended that the Council authorize the payment
of $64,000.00 and they would discuss the remainder of it with the
Administrative Director of the Sewer Board. He said the ~City
should, at least, give them some money to keep it going.
Councilman deLong moved that the b±lls be paid, seconded by Council-
member Woolley. Motion carried 4-0.
OTHER
None.
ADJOURNMENT
Councilman deLong moved, seconded by Councilmember Woolley, to
adjourn. The motion carried 4-0, and the meeting properly
adjourned at 10:22 P. M.
ATTEST:
Recording S ecret~y (Three Tapes)~
- 44 -
CITY OF BOYNTON BEACH
~~~~r
~~~~'.-~/~~j~~/_ Vice Mayor
FILE
Carmen S. Annunziato
City ~lanner
MEMORANDUM
APPENIIAGE TO ~ of
CITY COUNCIL MEET ' g
4/20/82 - page 10
iflLE
April 5, 1982
Benjamin Conditional
· This memo i~_?on?ern~ with the Benjamin. Conditional
Use application, nu, ror.a±scussion purposes, will be
directed to both technical and.Comprehensive Plan consistency
matters.
With respect to technical compliance matters, the site
plan is deficient or inconsistent with current codes as follows:
1. a sidewalk is required on SE 1st Avenue;
.. 2. a 45' par~i, ng bay is requried for parking stalls
numbers 1 thru 4;
3. the pgrking lot construction is to comply with
current standards; and,
4. four additional parking stalls are required.
~.~.. Concerning Comprehensive .~lan cons~.stency, please 5e
--advised that this request foJ a conditional use for a lumber
Yard is inconsistent with the action plan for "Area 3" as
noted on page 40 of the Plan. The plan for "Area 3" is to
encourage redevelopment for offices, hotels and specialty
retail shops. It is intended that this area develop as a
central business district-for the City. A hardware store
with incidental sales of lumber would be consistent with the
Comprehensive Plan'policies for this area; however, a building
supply store with 3,000 square feet of covered storage and
several thousand square .feet of additional fenced in area
would conflict with the Comprehensive Plan and violate condi-
tions 2, 8 and 10'of the Conditional Use performance standards
as listed below.
"2.
Off-street parking and loading areas where
required, with particular attention to the
items in subsection (d) (1) above, and.the
economic, glare, noise, and odor effects the
conditional use will have on adjacent and near-
by properties, and the City as a whole."
"8. General compatibility with adjacent properties,
and other property in the zoning district."
"10. Economic effects on adjacent and nearby properties,
and th~ City as a whole."
- i -
of CITY COUNCIL MEET'g
4/20/82 - page 30
Roadway Improvements
Widening of Congress Avenue from Boynton West Road to
southerly line of LWDD #~ 28;
Widening of Boynton West Road from Congress Avenue to
Military Trail;
1;
Widening of Hypoluxo Road from Congress Avenue to US
Construction of Miner Road from Congress Avenue to High
Ridge Road;
1-95 interchange with N,W. 22nd Avenue;
Widening of Congress Avenue from Hypoluxo Road to southerly
line of L.W.D.D ' #21;..
Widening of Seacrest Boulevard from Hypoluxo Road to the
southerly limit of the Boynton canal;
Construction of a replacement bridge across the Intracoastal
Water Way at N.E. 2nd Avenue;
Widening of Golf Road from Seacrest Boulevard to U.S.1;
Construction of Woolbright Road from Congress Avenue to
Military Trail;
Widening of Military-Trail from Hypoluxo Road to Delray
West Road;
Construct Miner Road between Congress Avenue and Military
Trail.
Traffic Signal
Improvements
2.
3.
4.
5.
8.
9.
10.
12.
Hypoluxo Road and Seacrest Boulevard
22nd Avenue and Seacrest
22nd Avenue and Congress Avenue
Old Boynton Road and Congress Avenue
Old Boynton Road and S.R. 804
Congress Avenue and Vo-Tech School entrance
U.S. 1 and N.E. 15th Avenue
U.S. 1 and Old Dixie Highway
Military Trail and Golf Road
Bicycle Path
Improvements
1. NE 22nd Avenue between Seacrest Boulevard and US1;
2. Seacrest Boulevard between Hyp01uxo Road and the Boynton Canal;
3. SW 23rd Avenue between US1 and Seacrest Boulevard;
4. Congress Avenue between SW 35th Avenue and the connection
to the Lake Ida Bicycle path;
5. Bridge cross-overs on Congress Avenue at L.W.D.D. canals
# 27 & 28.