Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Minutes 11-03-82
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY,/N~VE~ER ~3, t982 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. The invocation was given by Reverend Rex Humbard, Sr., followed by the Pledge of Allegiance to the Flag, led by Councilman Samuel Lamar Wright. Mayor Trauger, speaking for the City Council, the City employees, the Chamber of Commerce, and all of the citizens of Boynton Beach, expressed that we are very happy that Reverend Humbard selected Boynton Beach to be his home and for a portion of the Rex Humbard Foundation. As a small token of appreciation, Mayor Trauger offered Reverend Humbard a key to our City. Mayor TraUger did not know what lock in City Hall the key would fit but he did know it would unlock the hearts of the City Council and the City staff. He said we can only .give openly our love and affection but, above all, our great honor for Reverend Humbard'S~very fabulous~'i/~r~_~ _. TV Christian ministry. On behalf of the City of Boynton Beach, Mayor Trauger was delighted to have Reverend Humbard,-M~s~.~.~HUmbard., and their son, Don with us here tonight and to have the ~est bf the family being a portion of our fine Ci'ty of Boynton Beach. Mayor Trauger asked Reverend Humbard to tell us a little bit about his program and what he is doing in our beloved City. There was loud applause. If he needs anything or needs to get through some door, ReVerend Humbard said he would be seeing "one of you". Reverend Humbard thanked Mayor Trauger and said the key was something he could keep as a memorial of this occasion. He'said they haVe offices through- out the world, like TOkyo~ Sidney, Australia; South America, San Diego, and Chile. Reverend Humbard informed the Council that their main office is in Akron, Ohio, and from there they send out their programs throughout the world each week. Reverend Humbard continued by saying there are 91 different languages presented in nations that give them over 3 billion popu- lation area that they cover every week. Reverend Humbard called attention to the fact that is a lot of human beings, -but this is a day of electronics, and the electronics can go where nothing else can go - to remote areas of the world and to places that you can- not reach. Realizmng that a half of the world can neither read nor write, Reverend Humbard said it becomes more important to have another translator and another transmitter so they ~each the world. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3 , 1982 In our nation for the last thirty years, Reverend Humbard said they have had a television program. He was happy to tell the Council that their branch'office here in Boynton Beach has a beautiful recording studio.-~Already, he has been speaking ~on ~television all over the faCe of %he earth from this community~ from those studios. Reverend Humbard advised that'they make %heir_sound tracks there for the backup of the music. He said they come in after they go out on location and rec0~d, many times in Callaway Gardens, Georgia, or~other--p!aces~ Reverend Humbard told the'Council they only make what they call a "Scratch track" but yesterday and the day before, right here in~t.h±s community, the people~who.were on the songs were in the st'udio here looking at their face on the monitor, placing the real voice on those tapes - the real singing that will go out throughout the world. In the next few days, Reverend Humbard said they are planning to reach our nation'and strengthen the family ~unit. He always felt the strongest unit we can have is a family 'that is closely knit together. It is the_ yery foundation of society. It is the foundation of a community, the foundation of a church., and the best guidance. Reverend Humbard has. often said, "It is-better to reform the world in the high chair than in the electric chair. It is better to do something for people in the future in the play pen rather than in %he State pen." For that reason, Reverend Humbard said all of their families are seen on television - his wife, his four children, their three, in-laws~ an.d the six grandchildren. Reverend Humbard said this~is a familF unit of some 15 people ~hat are working together in .these Programs, mainly to say to the world that you can be happy ~f you have faith in God and build that strong home. In order to strengthen the~homes in America, Reverend Humbard told the Council they-have been in their test programs of what they call "Humbard Family Life Seminars". He stated that those are being operated, and the personnel .that are in them are here in this community, but in April they will"be teaching these from this community all across the United Sta~es and Canada by satellite. They will go into~he~s.~dio and be talking. It will go up 23,500 miles to the satellite. It will come back down 23,500 miles into the various motels that they will use across America. The main reason for the motels is they are trying to touch those who are not ordinarily in the churches so they get them there for two days and a half. Fifteen hours each week, Reverend Humbard said they will be teaching from Boynton Beach to over 100 cities across our nation next year. Reverend Humbard expressed that..~he~i~were~gra%eful and thankful to be in a community like Boynton .Beach. He added that they love i% and they love the people. Reverend Humbard said they love the kindness they have had from Mayor Trauger and all of ~the people that are concerned .in this community. He. thanked everyone for letting them be a part of Boynton Beach~ Florida. .Reverend Humbard told the Council they are proud of it everywhere they go-. He again expressed his thanks for the key. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 AGENDA APPROVAL Under "IV. CONSENT AGENDa", Vice Mayor Warnke wanted to delete under "B" item "1~ Submitted by John Pagliarulo" and asked that it be added after the Consent Agenda is approved. Councilman wright added a~'~Report on the Florida League of Cities Convention'" under ~"IX~ OLD BUSINESS~ G~!. C0uncilmember Woolley added "t. Florida DOwntown Development" under."IX. OLD BUSINESS, A,'i as it goes along with'the Community Redevelopment Agency. Under "XI. ADMINISTRATIVE", City Manager Cheney added "C. Approval of Three Bills" Under ".LEGAL, D.. O'~heri--T", .where %h.ey.have/disCussion of:Bhe.~- bonds, City Manager Cheney added "Discussion. of the Meeting the other night and Where Do We'Go From Here". Mayor Trauger made that l, a. At the council,s request, City Manager Cheney added a Resolution under "VIII LEGAL, C[' 5"i relative to Sunshine Square. Mayor Trauger added "4. Announcement on Flag Pole" and "5. Depart- ment of Community Affairs" under "E. Announcements". Councilman deLong moved the adoption of the Agenda with the deletion and additions. Councilmember Woolley seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS 1. City Hall. will be closed Thursday, November 11, 1982 - Veterans Day 2. .City Hall will be closed Thursday, November 25, 1982, and Friday, November 2'6~' '1982 - Thanksqivinq Holiday Mayor Trauger read the above announcements. Proclamation -.Veterans Day - November 11, 1982 Mayor Trauger read the Proclamation. Announcement on Flaq POle Mayor Trauger invited everyone to attend the dedication ceremony for the new flag and flag pOle at Boynton Beach Memormal Park (S. W. corner of Wooibright Road and Seacrest Boulevard) to be .held Thursday morning, November 11, 1982 at 8:30 A. M. Mayor Trauger said this is the new flag pole and,large garrison flag, as well as other flags, that the City has purchased mn - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 commemoration of veterans and of our deceased who are buried in our City Cemetery. Announcement - Department of Community Affairs Mayor Trauger announced that the Department of Community Affairs proposes to hold a series of public hearings ~through©ut the State to explore the feasibility of consolidating the Community Service Block Grant and the Community Service Trust Eund in accordance with the legislative req~mement set forth in 'Florida Statutes 409.716' The public hearing scheduled for~Boynton Beach at the City Council Meetinq Chamber.s iS 'for November 16, 1982 at 10:00 a. m. _ The primary intent of the proposed .series of public hearings is to obtain public input in the development'.and formulation of a report~that must ~be submitted to the Governor and the Legislature no later than March !, 1983. Written comments on this subject matter are being solicited in advance for delivery before or during the public hearings. All i~terested parties are encouraged to attend and offer comments as appropriate. MINUTES Reqular City Councit'Meetinq Minutes - October 19, 1982 In the 2nd paragraph of page 31, Councilman Wright referred to thefirst two sentences~which read: "Councilman Wrightwishedto bring up a'question. With the!nitialpassage of the%ax, originallY they said that 7~". Counci~tman Wright .advised that he said 70~ in'.li, eu of "7~.' Councilman deLong moved the adoption of the minutes as corrected, seconded by Councilmember~Woolley. Motion carried 5-0. PUBLIC AUDIENCE Mayor Trauger announced that if anyone in the audience wished to speak on any item which ms on the .Agenda, to'please come forward and give their names to Mrs. Tereesa Padgett, City Clerk, and they would be calledupon when that item arrives on the Agenda schedule. For-~'anyone'who wished to speak on any item not on the Agenda, Mayor Trauger asked them to come forward, give their names, and they could speak now. He advised that ~Swales" were on the Agenda. Mayor Trauger recognized the presence of former Mayor Edward~F. Harmening in the audience. There was applause. CONSENT AGENDA: Matters in this Section of the Agenda are proposed by the City Manager for "Consent Agenda" Approval, with all of the accompanylnq material-to become a part of the 'Public Record A2 Request approval to transfer ownership of cemetery lots 69A and - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 '70A - Block N David A. Pritchard' requested approval t~ transfer ownership of the above lots to Helen E. Fauser, P. O. Box 1042, Boynton Beach, for~a transfer fee of' $20.00 to be paid by' him. The selling p~ice is $440.00. B~ Request for Approval of Construction Trailers 1. Deleted 2. Submitted by E. Dean Payne, Jr., Stinson Head., Inc. - S. W. 15th Avenue & Conqress ~A~enue (Woolbriqht Plaza) 3. Submitted by Robert K. Kessel, Kessel Construction Corp. - ~ North side of Ascension Lutheran Church - 2929 So. Seacrest Blvd. C. Approval of Kusselt and Axon Change Order No. 6 for EPA #C-120496020,~ prOjeCt: No. ~626-'681-45 Perry A. Cessna, Director of Utilities~, recommended~approval of -the addition of $517.00 to the total cont'ract adjusted contract price to date thereby is $1,419~285.00. D. Approval of Six Temporary Signs for Annual Bazaar - Palm Beach Leisureville Communit~ Association, Inc. E. Approval of Bills City Manager Cheney Said they were told today.that bill.#2 in the "Approval of Bills'r' Should be an additional '$100.00. City Manager Cheney thought the record Should show that the bill of Associated Ferris Printers is for $7-;059 instead of $6,959. The $1~0.00 is being added to the bill for the printing of the notes, etc. for the bond issue. Councilman deLong moved that the Consent Agenda submitted by City Manager Cheney under items A~ 'B ~ 2 and 3~ C, D, and E and that $100.00 be added to the bill of Associated Ferris Printers under Approval of Bills. The motion was seconded by Vice Mayor Warnke. No discussion. Motion carried 5-0. Request for Approval of Construction Trailer Submitted by J~hn Pagliarulo, John Pa!gliarulo Building Contractor, Inc. - N. E. 15t'h Place and U. S. ~'1 Vice Mayor Warnke reminded Members of the Council that Mr. Pagliarulo was reprimanded by the Council at the meeting of September 8, 1982 for not removing his trailer as the~ City requested. He was then given a letter from the City to remove his trailer on the vacant lot north of N. E. 15th Place. Vice Mayor Warnke said City Manager Cheney said at that meeting this man is "thumbing his nose" at the City. - 5 - MINUTES = .REGULAR ~CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Vice' Mayor Warnke passed around to the Councilmembers pictures he took on Sunday, October 3!st showing the trailer still sitting on the s~me spot and now overgrown with.weeds, With plywood and cement blocks almost two months after that removal, letter. Vice Mayor Warnke pointed oUt that the trailer has<~now_beeome~an eyesore for the~City. Vice Mayor Warnke, therefore, moved that the request of Mr. John Pagliarulo, President of J. Pagliarulo Building Contractor, Inc., requesting authorization from the City Council for the use of a construction trailer 12'x24' to be placed on the site of Section 1 of Coqumna Cove,~ N. W..-property corner, intersection of N. E. i5th Place and U. S. t 'be ~denied. For the sake of discussion, Council- man deLong seconded the motion. Councilman deLonglwanted to know what the alternative was going to be. He wanted the~ Council also %o realize ~hat ~hey ~,- have a recommendati~n'.from the Building Department that this be approved. Councilman deLong wanted some guidance from the City Attorney as to which direction the~.'Council should move mn a problem of this nature. City Attorney Vance. advised that the City.has the right to take into cons~ideration the applicant's behavior in connection with prior applicatiOns. for this type of use and 'how that reflects on the current application. He stated that ~he City Council can either deny it or they can postpone action pending an~ explanation by Mr. Pagliarulo or removal of the trai~er at the site that is shown. Councilman deLong_..ask~d~if the Council had read the recommenda- tion from the Building. DePartment~ He read:. "Previous request denied, however, Building,Department recommends 'approval as build- ing plans have been submitted and sanctioned. Councilman deLong asked, "Are we leaving ourselves open here?.'.' Councitmember M°olley questioned whether the main concern Vice Mayor Warnke was bringing up.was %he fact %hat it does not look nice. Vice Mayor~Warnke.replied, "No. He was.ordered to remove the trailer two' months ago~ /and[~it ~iS~ stil!~se~ting there; and it is an eyesore." Vice Mayor Warnke added that Mr~ Pagliar.ulo thumbed his nose at the City. Councilmember Woolley asked if he was fined. City Manager Cheney informed the Council that the sequence of events was that Mr. Pagliarulo put ~.the t~ailer there, he believed after the Yachtman's Plaza was completed. The trailer had no permmssion to be there. City Manager Cheney continued by saying informally, for a period of time, the Building Department tried to get Mr. Pag!iaru!o[to remove mt. He did not remove it, and City' Manager Cheney~ said, the City submitted an order to him to remove it Mr' Pag!iarulo appealed that to<~the City Council, and the City Council agreed it could be removed. City Manager Cheney stated that the City ordered him to remove it again. He did not. Therefore, the only way the City can enforce that is to go to the Codes Enforcement Board. -- 6 -- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FtJORID~ NOVEMBER 3, 1982 City Manager Cher.ey sa±d they went to the~Codes Enforcement Board. Obviously, it ta]~es ~onths '(two or three months) for the Codes Enforcement Boar~ to have a hearing. In the meantime, the applicant processed'"h~s site plan (which heprobably had in mind to do all along) assuming that his site Plan would be processed throUgh normallyi~ mhd ~h~n he would have the right to come in and have ..his constr~tion.trailer~ 'As-it if~ it sat there fOr well . Over a Year, Cit~ Manager cheney continued, without any permission. tf~- it · wa s ~, agreeak Councilman deLon, draw and have th, motion to postpon Clean up. Counci looks like'it She was ridiculous. there for a year is also ridiculo *Should prefer that~we dQ be Vice there?" City Man Mayor Warnke. Vice Mayor Warnke See He was ordered to Minutes City' s request co of given him enough 11/16/82. something was wro they keep asking. perhaps the Gity - the City removes if Mr. Pagliarulo Councilman deLong to stand Vice M~ deLong moved the , the motion carrie, ithe motion. [e ~to Vice Mayor Warnke, the maker of the motion, ~ who seconded the moti.on, said he.woUld with- maker of the motion (Vice Mayor Warnke) make a e and give~ ~ ~ Mr.~ Pagliarulo the opportunity, to lmember Woolley agreed that it is ~a mess and utd be cleaned up but that denying the trailer C~tY Manager Cheney retorted that leaving it and ignoring what the'City has asked them to do s. ['C~.uncilmember Wool!ey asked, "What would you ? How is he going to build without his trailer ager Cheney*answered, "That's his problem." reiterated that the City gave h~m enough time. remove it two months ag6,. and he denied'the mPle~ely. Vice Mayor Warnke thought they had so~sideration. Councilman Wright felt maybe ag' with .the City's rules and regulations. If this'many times,. Councilman Wright ~thought ~hoUld have it where~they ~efuse to remove it. If it themselves, and maybe it becomes our property, is going to do that kind of thing. asked. Vice Mayor Warnke if he wished the motion ~yor Warhke replied, "Yes sir." Councilman [uesti0n. A vote was taken on the motion, and 4-1, with CounCilmember'[woo'~tey v~ting against With that action, Councilman ~right wondered if the Council was asking Mr.~ Pagiiayul~ Why he did not comply with the City s re- quest. Councilme.~er W0~lley said they were asking Mr. Pagliarulo to' remOve the tra~ler, c°uncilman'wr~ight'ques~io~di~whether they were asking Mrna' P~gtiarulo to remove ~he trailer and then clean the lot. vice Mayor wa~nke wished to make a second motion. Vice Mayor Warnkelmoved that the City Manager be authorized by the City CoUncil to t~ke Whatever steps are necessary to have the trailer that is n~w a nuisance at the corner of N. E. 15th Place and Federal'HighWay removed .as soon as possible under Section 7, Paragraph 13 of the City Charter of the City of. Boynton Beach and the appropriate Ordinances. Councilman deLong seconded the motion. Councilmember Woolley asked if this individual would ever be MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3'~ 1982 allowed to put a trailer on that spoZ. ~Vice MayQr~Warnke answered that it depends on hiS conduct in the future. He said they have to Stop somewhere; People are walking all over the City. Council- member Woolley~thought the City should fine them at that point and time and gone through with 'it. That was the original measure, Councilmemb~r Woolley felt, instead- of waiting Until.~.a year later. Councilm~.D Wright remarked that a more crucial action maybe should have been taken. He thought it was kind of harsh for a fellow who was going to start building again and has everything all in order to begin. Councilman deLong said it all reverts back to what he has been talking about for months. They need more ~,upervision out in the field. City Manager Cheney advised that the"City knows the problem has been there. He said there"is always the balance as to how~ high the enforcement. Right now, the City is being accused because enforcement of the goat is too high'and accused of not enforcing trailers 't~o· high. City Manager Cheney reminded the Council that the City' has been working ~with Mr. Pagliarulo for a long-time ~to get that trailer removed pleasantly and informally, and promises have continued to come. Councilmember Woolley asked' why people~are not fined for something like this. CitY-~Manager ~heney replied that the only way the City can fine them is to ~ake'them to the Codes Enforcement Board and go through that process. He-said the minute'the City finally put its'~foot down and Said, '!'Move it", Mr. Pagliaruto came to the Council hoping the Council would give him an'out. The Council said, "No. Get rid of'it." City Manager Cheney assumed Mr. Pagliarulo knew we ha'd a two or three month-process with~th~ ~CQdes EnfOrcement Board. Councilman Wright asked what the Council was ~aying.~i· Mayor T~auger explained that~qh~,y were .asking the City..Manager to.take steps to get that trailer out of there. Mayor Trauger samd it is to be removed as soon as possible under Section 7, Paragraph 13 of the City Charter. Vice Mayor Warnke asked City Attorney Vance ff that could supersede the Codes Enforcement Board under the Charter. City Attorney Vance advised that the Codes Enforcement Board would be a much speedier process, he bel'ieved, because they were dealing with property interests here. City Attorney Vance-did not have time to look at this in detail but he did think the procedure under the Codes Enforcement Board would end up being a much speedier process than a direct removal approach. Vice Mayor Warnke suggested that it be left up to the City Manager as he proposed in his motion. Councilman Wright asked if they were asking Mr. Pagliarulo to clean it up too. A vo~e was taken on the motion, and the motion carried 4-1 with with Councilmember Woolley voting against the motion. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 BIDS None. PUBLIC HEARING - 8:00 P, M. None. DEVELOPMENT PLANS None. LEGAL A. Ordinances - 2nd"'Readinq - PUBLIC 'HEARING City Att~orney.Vance believed City Manager Cheney had a recommenda- tion in the files Of the CQuncil regarding the Ordinances. It was suggested that all of the various details Which Would be toUched upon by.Mr. AnnUnziato ~elalting to the annexation process at this point have not been completed. City Attorney Vanee said they wanted to have everything.completed at. the~time of final adoption of the Ordinances. The suggeskion of City .Manager Cheney was that they read the Ordinances 'by title only on second and final reading, the public hearing be held, .and at that point the final action on the Ordinances ,be continued to a time certain (t° be specific, 8:00 o'clOck on' Novembe.r 16th) which would comply with the notice requirements since-anyone who is interested is presumed to have 'read the notices and be. here tonight. City Att°rney Vance'said he would, therefore, read the Ordinances by title only, at which point Mr. Carmen Annunziato, City Planner, Would ,make a presentatlon and, if the Council agrees, a motion to contmnue the Ordinancels until that time certain on November 16th would then. be appropriate. Councilman deLong asked i,f they were going to take-the Ordinances indi¥idually or collectively. City Attorney Vance replied that they-were going to take them i~ packages as they did the last ~time. City Manager..~Cheney said there were nine,~, three on annex- ation, three on Land Use Amendment, and three on rezoning~ City Attorney Vance said they.would take the three Ordinances that apply to each property as a' package. City Manager Cheney said he would take 1, 4 and 7; 2~-5 and 8; 3, 6 and 9. Councilman deLong noted ~hat in his memorandum City Manager Cheney had enumerated Ordinance No. 82-38 through Ordinance No. 82-46 but he onl~ found numbers up to 44. City Attorney Vance informed him that he would find that th~ ordinances that~under the appropriate statutes had-- to be Published in full are included in their entirety. He said the. Council had the titles for the remaining Ordinances. Vice Mayor War~ke ~observed it was in the name of Homart-Boynton and asked if this would take into consideration it has been changed - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 to Boynton Beach AssoCiates. City Attorney Vance answered, "Yes. This was simply a typo. It has now been changed." First, City Attorney V~nce wanted Ordinances Nos. 82-38, 41 and 44. Since ~hese three Ordinances constitute a package relating to annexation, rezoning, and %he Land Use Plan relating to the same land, City Attorney Vance said they were taking them, for the audience's benefit,, as one package. They are three separate Ordinances but 'they all relate to the same property. 1. Proposed Ordinance'NO. 82-38 Re: Annexation - Homart-Boynton AsSociates (Reqional~Shoppinq Mall) City Attorney Vance read proposed Ordinance No. 82-39 by title only; on second and~final reading: "AN ORDINANCE OF THE CITY CDUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND %~HAT~ IS flDNTIGL~DUS TO 5I~E CITY LIMITS WIII4IN'~PALM BEACH COUAri~ AND THAT WTLT. UPON ITS ANNEXATION, CONSTITUTE A REASONABLY OOMPAC~ ADDITION TO'THE CITY TERRITORY PURSUANT TO A PETITION-. OF THE LAND OWNER' OF SAID TRACT OF LANDi 'REQUESTING ANNEXATION PURSUANT TO SECTION · 7'(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES171.04~; PROVI-DING THAT THE PROPER LAND USE DESIGNATION AND PROPER MING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING AI.L ORDINANCES OR PARTS OF ORDINANCES IN GONFLICT H~RE- WITH; PROVIDING ~ SkVINGS cLAUSE; PROVIDING FOR-ADVERTISING; AND AN EFFE~ DATE; AND FOR OTHER pURPOSES." 4. Proposed Ordinance No.. 82-41 Re: Land Use Amendment - Homart- Boynton Associates (Reqional Shoppinq Mall) City Attorney Vance read proposed Ordinance' N.o. 82-41 on second and final reading by title only: "AN ORDINANCE .OF THE CITY OF ~BOyNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ELEMENT OF ~ GOMPREHENSIVE PLAN OF THE CITY BY ADOPTINC LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNE~ CITY-BY ORDINANCE ~SIMUL~USLY HEREWITH 'WHICH CULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESI BEING CHANGED FROM PALM BEACH CDUNTY COMMERCIAL BOYNTON BEACH LOCAL RETAIL; PROVIDING FOR A SAVIN REPEALING REVISION; .'AN ]~'~FEC~/VE DATE; AND FOR CYI THE PROPER ED /NTO THE S MORE PARTI- ~NATION IS ~S CLAUSE; 7. Proposed Ordinance No. 82-44 Re: Rezone - Homart-Boynton -~..~s~soc~iates (Reqional Shoppinq Mall) City Attorney Vance read proposed Ordinance No. 82-44 on second and final reading by title only: - 10 - MINUTES -'REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDI NANCE NO. 80-19 OF SAID CITY, BY ZONING A PORTION OF A CERTAIN PARCEL OF lAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING S/2~ULTANIDUSLY HSREWIR~ ANNEXED INTO THE CITY OF 'BOYNTON BEACH BY ORDINANCE AS C~3 (ODMvftIX~TY OO~iMERCIAL); PRO~VIDING THAT SAID PROPER~Y SHOU3_~ BE DEVELOPED IN ACCORDANCE WITH PETITION FOR ANNEXATION AND STAFF ~TS REFERSNCED HEREIN AND RESOLUTION R-74r343 OF THE BOARD OF COUNTY ~SSION APPROVAL OF PERMIT IN ACCORDANCE WITH DEVELOPMI~T OF REGIONAL IMPACT PROCEDURES; PRO~ VIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIYE DATE AND FOR OTHER PURPOSES." City Attorney Vance said the next package would consist of pro- posed Ordinance ~82-39, proposed Ordinance No. 82-42 and proposed Ordinance No. 82-45. Mayor Trauger said, "Let's adopt this one set now." City Manager Cheney and City Attorney Vance both informed the Council that they were not going to adopt them. Mayor Trauger stated that they were just going to have a Motion for Continuance. City Attorney Vance adVised that they were first going to do the public hearing, 'He supposed they might as well do the public hearing on this. package. At that point, .City Attorney Vance said it was their-~reco~endation (because certain of the!~,mechanica%~ aspects in.the annexation procedUre have not"been completed) that upon the closing of the public hearing, the Council will continue this matter until 8:00 o'clock on November 16, 1982. Councilman deLong did not like to correc~ City kttorney Vance but said the appropriate move would be to postpone. He said you either lay it on the table or postpone'. City 'Attorney Vance reiterated that it Was to be continued, as it is .the same hear- ing. Mayor Trauger-agreed, saying, "You must continue." City Attorney Vance i~form~d'Councilman deLong'that yoU continue in this instance~ Under Rober~'.s RUles of Order] ~you p~stpone or lay it on the table, Councilman deLong argued. City Manager-Cheney said ~they had one problem. For the benefit of the public, he wishe~ to add one additiOnal thing. City Manager Cheney explained that this is a very complicated annexation and land use action bec~se it includes about 100 acres or more of the Mall. It also i City Manager Cheney t6~l that have to be Conside the first time in ~n an Manager CheneY said we DeBartolo) an ~extra ann an addition, or an adde acludes two out parcels related to the Mall. ~ the. Council there are~a_lot of things red in additiOn to the annexation. For ~exation and-rezoning of this kind, City have developed (by agreement with axation agreement, which is an amendment, ~dum to the annexation ordinance. ~I~t has attached to it'a lot of understanding that City Manager Cheney said they talked about for a year or two - understandings relative to water and sewer, relative to on site easements, ~and~.retat£ve to subdivision procedures. He gave a draft copy~of'.-that agreement to the Council in their boxes today. City Manager Cheney informed the Council it is !'pretty much'! the way it is probably going-to-be when it comes to them after the Planning and Zoning Board. The - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Planning and Zoning Board may take some action which will require some additional adjustments to that agreement. City Manager Cheney said he gave the outline to the Council today so they could read it over, look at'it, and really get to know it. For example, he-said some of the actions~before the Board of Adjustment were pending. Because of the timing, they will not take place until the next two week period. City Manager Cheney continued by saying DeBartolo would like to be sure that when the?'City annexes it, all of the understandings are there. He said they may not. all agree', but at least what the final conditions are are all clear. City Manager Cheney advised that was why they want to be sure this is all done before the.final Ordinances are adopted. Instead of postP0ning~a~id.i!the-.suggestion ~hat~he~Coun.~l not have the second.~re~diD.g,'~until the next meeting, bu~ ~t~have i%~at this meeting, City Manager Cheney stated that they want Go be sure, because it is such a large 'devel'opment, that the public had plenty of chance to comment on it; and if the public had any questions about it, the developer and the City had a .chance to respond to those questions in this intervening two week period so that no- body would feel at the last minute something was being rammed down their throats if anyone had any'real~o~cerns~. City-~Manager Chen~.y did not.'think people do~-'~.because it ~has been talked about for a year and a half Or'tWo years. Just to be sure, City Manager Cheney said that was the reason they were talking about starting the public hearing now and~continuing it in case there are things that the Council wants to have talked about. Councilman deLong's point, was he could not see the difference between continuing and postponing~ particUlarly when Robert's Rules of Order gives you two ways: lay on the table or postpone. If you postpone it and you said ,until the next regular meeting at a specified time, Councilman deLong thought that would accomplish just exactly what they were saying by Continue. Councilman deLong said if they Wanted to '"continue% he had already phrased a motion to include continue and/or postpone. Mayor Trauger informed Councilman delong that he would stand on the opinion of the City Attorney, who is a parlimentarian, as to the correct term the Council should use for this. Because of the Notice requirements, City Attorney Vance thought "continue" in this instance would be preferable. City Attorney Vance thought Carmen Annunziato, City Planner, would do a short presentation on the 'package of Ordinances 82-38~ 82-41, and 82L44. The purpose of Mr. Annunziato's presentation was to prOvide a first look for the City Council at the proposed site development plan for the Boynton Beach Mall. The Staff felt that there was enough information now and that this information has been made public because of~ the applications to the Planning and Zoning Board for site plan approval and because of the questions which have been raised, whilch Mr. Annunziato said Staff feels should be addressed so the Council has an opportunity to think about over' the next two weeks what the concept of this proposal is, the size - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA NOVEMBER 3, 1982 and nature of the proposali and what it means in terms of our development Ordinances. For a firm location of the proposed Boynton Beach Mall, with north being-to the righthand side 'of the screen, and south being to the left, Mr'. Annunziato .'showed that Old Boynton Road forms the southern limit of the 'Bo!rnton Beach Mallo He told the Council they have heard~much reference to the out parcels. Mr. Annunziato continued by saying the out parcels are formed by three driveways which intersect with Congress Avenue.to form rectangles in odd shaped parcels which are Firs. t. American Bank (which was annexed this summer)~ out parcel 3 and out parcel 2 (iwhich are subject to an annexation action now~ and the First Federal of Lake Worth tract (which is sUbjeCt to an annexation). Historically, Mr.. Anhunziato informed everyone that this develop- ment was proposed..,.~c be'developed in Palm Beach County in the early 70's. This was one of the original developments of regional impact following the~'enactment of that State'legislation. In 1974~ the Palm Beach'co~nty Commission. approved a~ de~e~epm_~n~ order~ which'is~Res6!~ien R-74-343, which is part of our develop- ment approval'we will~'have to adopt. Mr. Annunziato was only speaking to 'the~Mall proper site, which includes all properties east of this reloc~ted.[canal~ these~reten%ioni'.basins, the drive- ways which interseCt' with_Congress, and the~property Boynton Road on the south and Javert Road on the west consists of 108 acres. Mr. Annunziato said the applicant has now submitted a site plan package for staff, Planning and Zoning~ Cor~munity Appearance~ and Council's review. It consists of three parts: (1) there are Site plan drawings; '(2) there is a development agreement which outlines the kinds of expectations the developer and the City have developed ever the last two or three months over several meetings among the'groups. I~h .the 3rd part of that application ~S.%h~[s~bmission of construction specifications. ~(Specifications Which further define ~he activity of development on site.) Mr. Annunziato continued, by saying this proposal is proposed to be developed in two phases with the first phase including 992,719 square feet of leasable area with-a total building area of 1~134,.428 square feet, which include five major department stores and approximately i00 retail outlets which will evolve to the concourse. Mr. Annunziato said all of us have been in major Malls and know the concept. Mr. Annunziato stated further that Phase 2 provides for two additional items of importanc'e: (1) an additional department store on 'the west side of the building plus the construction of a parking garage, ~which will provide three layers of parking (ground, level 1 and level 2). Access to the site will exist from Congress - 13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Old Boynton, and New Boynton Road. Mr. Annunziato pointed these out for the Council. On Old Boynton Road, he said there will be two major entrances: one Somewhat to the west, and one somewhat' to the east. The importance of the easternmost driveway is that it will connect with the four laned divided.public street which will be constructed between Boynton Beach Boulevard, which ~utd lie somewhere to the so~thlof Old'Boynton and,-of coursel come out at the intersection~which is what is called entrance ro~d B. Mr. Annunziato said this will be signalized and %urn lanes constructed. Of course, Mr. Annunziato said they have 'the three major four lane divided entrahces off of Congress~ These also will be signalized. Roadway Imp'roveme~Zs: Mr. Annunziato said all of us are aware of the constructions to Congress which have occurred. In great patti these improvements were finanCed by the 'DeBartolo CorPora- tion. On the 22nd of December of last- year,~ DeBartolo entered into an agreement with Palm Beach coUnty to~ in lieu of construct- ing certain improvements~ pay to Palm Beach County 1.7 Million Dollars which the County then used as a match against State economic development funds to provide for the construction that we see now in placer Mr. Annunziato informed the Council that there is additional construction which will occur. He believed the County still has an obligation to signalize the entrances off of Congress and he thought the entrances off of Boynton Beach Boule- vard and Old Boynton Road at entrance road B. Mr. Annunziato told the Council that the developer has retained the responsibility to construct turn lanes' on Old Boynton Road at entrance road B and 'entrance road A. Mr.-~AnnUnziato pointed out that because of that agreement that was entered into, there will be no additional traffic impact fees placed against any of the properties as~ocmated with the Mall to include each of the four out parcels. He thought that was an important thing to recall. Concerning variances and exceptions, Mr~ Annunziato said the deBartolo~Corporation 'has asked for three kinds of variances and exceptions: ~ne ms a request to the Board of Adjustment to be relieved from the requirement-to construct a six foot ~o!~_· concrete wall along their western boundary with Javert. Mr. Annunziato said our zoning ordinance requires this kind of construction where commercial developments are adjacent to residential developments. In part, this was covered by one of the development of regional impact requirements which provide for a continued 90% opague veg~tative'buffer at that location. Mr. Annunzia. to said this Will be heard in public hearing by the Board of Adjustment next week. Mr. Annunziato informed the Council that the second, series ~f issues concerns the varianc'e requests to the Planning and Zoning Board that related to the Parking Lot Ordinance. They have two types. One concerns our requirement that all parking stalls be double striped. Another requirement the City has is that for'~each . parking stall a concrete curb stop be provided. These will be heard by the Planninq and Zoning Board next Tuesday. Mr. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA NOVEMBER 3, 1982 An~.unziato further stated that the third type of variance is really an exception~, and it will come to the Council. It is a request for a height exception. Mr. Annunziato went back to his initial overlay. Councilmember Wo0!ley asked how. many homes were along Javert Street. Mr. AnnUnziato answered~ ."Approximately ten'. They don't face west. They face north and south.'~ Mr. Annunziato continued by saying the issue of a height excep- tion really results from department store'B, which will be constructed as a three' story facility. He advised that the flOor ceiling for each of the three stories will be 13 feet. The City's Ordinance Concerning height exceptions permits the installa- tio~ of mechanical equipment either w~thin a building or on top of a building. Mr. Annunziato said therD is procedure· on the part of Council to permit height ab°ve~the 45~foot restriction for installa- tions of this type, The result is 39~feet of' building, 12 feet of mechanical equipment,' and the City ha -Mr. Annunzia~0 stat'ed equipment .be.specified. the plan it includes h%ating, ventila ducts~ lighting, and~Utility ducts pl 14 feet on-top of the building, which -mechanical equipment, el'evator pentho the like for a total height for the o requiring an exception of 20 feet. Mr. Annunziato added that t~his plan i the Planning and Zoning Board next Tu. formulated a recommendation to the P1 all of the issues involved, and the B, received a notice from the Building D. which surround the wall variance. Mayor Trauger asked if the building the site of R~ H. Macy. Mr. Annunzia applicant was present tonight if the specific questions concerning the pla On the entrances Mr...-Annunziato was s Councilman deLong asked if they were any confliction with the suit that is between another owner and DeBartolo. Councilman deLong asked if they were Annunziato answered, "No sir. There Annunziato though% what COuncilman de negotiations that were going on to co~ asked that this mechnical that it is~ and on hion, and air condftioning ~s an additional maximum of includes paraquet walls, ~ses, cooling towers~ and ~e 'building of 65 feet~ scheduled to be reviewed by sday night. The staff has ~nning asd~.Zoning Board on )ard of Adjustment also ~partment concerning the facts the one they propose to be did not know'but said the 2ouncil wished to address or the applicants. )eaking about on Congress, ~ncluded or'if'~they would have going on now about the road Mr. Annunziato replied, "No." involved in that, and Mr. ~as no lawsuit." Mr. bong. was referring to was the ]struct the road, which ties Boynton Beach Boulevard into entrance road B~ as a .part of a development agreement which was submitted in connection with the Mall site pians. He said there will be constructed a four lane dividsd curbed street with sidewalks through that property from apprOximately 1,000 feet west of Congress intersecting center line to center line the entrance of road B. City Attorney Vance recommended that Mayor Trauger open the public - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER .3, 1982 hearing in relation'to this package of Ordinances at this point and time. Mayor Trauger announced that they would hold a public hearing on the proposed Ordinances No. 82-38, 82-41 and 82-44 on second reading. He asked if there was anyone in the audience who wished to speak in favor of these proposed Ordinances. There was no response. He asked if there was' anyone who wished to speak in opposition to these proposed Ordinances. There was no response. councilman deLong moved to continue the'pUblic hearing on proposed Ordinances No. 82-38, 82-41 and 82-44 until 8.:0.0 P. M. at the next City Council Meeting to be held'on November 16, 1982 recommended to the C~uncil by the .iCity Manager in his memo dated November 3., 1982.. Councilmember~ Woolley seconded the motion. No-discussion. At the request of Mayor Trauger, a roll call vote was taken on the motion by Tereesa~Padgett~ City Clerk: CoUncilman deLong - Aye Mayor Trauger ~ - Aye Vice Mayor'Warnke - Aye Councilmember.Woolley - Aye Councilman Wright - Aye Motion carried. 5-0. City Attorney Vance announced that the next proposed package relating to the same property was proposed Ordinances 82-39,82-42, and 82-45. e Proposed ordinance No. 82-39 Associates (Out Parcels) Re: Annexation - Homart-Boynton City Attorney Vance read proposed Ordinance No. 82-39 by title only, on second and final reading: "AN ORDINANCE OF THE CITY OOUNCIL OF THE CITY OF POYNTON BEACH, FLORIDA, ANNEXING 'A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS OONTIGUOUS TO THE ~CITY LIMITS WITHIN. PALM' BEACH OOUNTY AND THAT wILL UPON ITS ~Z~NEXATION, CONSTITUTE A RFASONABLY OOMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, Pd~QUESTING ANNEXATION PURSUANT~ TO SECTION 7 (32) OF THE C~TER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STA~ 171.'044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHAT,T, BE REFLECTED'IN SEPARATE ORDINANCES TO BE PASSED SIMUL- TANEOUSLY H~REWI~; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING k SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Ordinance' No. 82-42 Re: Land Use Amendment - Homart-Boynton Associates (Out Parcels) - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 19 82 "AN ORDINANGE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY k~NDING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN 'PROPERTY WHIC~ IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIPL~dLTANEOUSLY HEREWITH WHICH IS MORE PARTICULARLY DESCPd~ED HEREINAFTER; SAID LAND~ USE DESIGNATION IS BEING CHANGED FROM PALM~ BEACH COUNTY ~CIAL POTENTIAL 3~ TO BOYNTON BEACH LOCAL RETAIL; PROVIDING FoR A SAVINGS CLAUSE; REPEALING PROVISt©N~. AN EFFECTIVE DATE; AND FOR ~OTHER PURPOSES." 8. iPrOposed ~ Ordina~¢e No.: 82~4 51 Re: '-Re zone - ~Homart~+BoYn~o~n Associates (Out 'Parcels) City Attorney Vance read proposed Ordinance No. 82-.45 on second and final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACh, FLORIDA, AMENDING ORDINANCE NO. 80~19 OF SAID CITY, BY ZONING A CERTAIN PARCEL OF LAND NDRE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTALSI)USLY HEREWITH,ANNEXED INTO ~ CITY.OF BOYNTON BEACH BY ORD/Z~ANCE AS C-3. g0N~ ~NITY ODMMERCIAL PROVIDING FOR A SAVINGS CLAUSE;. REPEALING PROVISIONS~ AN EFFECTIVE DATE AND FOR O~HER PURPOSES. City Attorney Vance believed at ~this point that Mr. Annunziato's original presentation covered all of it. He said this is one of the out parcels..... Mayor Trauger announced they would hold the public hearing on proposed Ordinances NOS. 82-39, 82-42~ and 82-45. He asked if anyone in the~ audience wished to speak in.favor of the proposed Ordinances. T~e~e was no response. Mayor Trauger asked if any- one in the audience wished'to Speak in opposition to the pro~ posed Ordinances. There was no ~esponse. " Councilman'deLong moved to continue the public hearing on pro- posed Ordinances'-NOs, 82-39~ 82-42, and 82-45 until 8:00 P. M. of. 'the next Regular City Co~uncil' Meeting to.be held on November 16, 1982, as recommended by the City Manager to~-the City Council in his memo da~ed November 3,-1982. Vice Mayor Warnke seconded the motion. No discussion. Mrs. Padgett, City Clerk, took a roll call vote on the motion, ~at the request of Mayor Trauger: ~ayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. - 17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORI-DA NOVEMBER 3, 1982 City Attorney Vance announced that the next proposed package, again relating to one of the out parcels previously described by Mr. Annunziato, ~onsists of proposed Ordinances 82-40, '82-43, and 82-46. Proposed Ordinance No. 82-40 Re: Annexation - First Federal Savinqs and Loan Association of Lake Worth City Attorney, Vance read proposed Ordinance No. 82-40 on second and final reading by title only: '!~-ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A,CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN~PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDI- TION TO I~E C1TY TERRITORY PURSUANT TO A PETITION OF THE CtqNER OF SAID TRACT OF' LAND, REQUESTING ANNEXATION PURSUANT TO SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATLF4~S 171.044; PROVIDING THAT ~-THE PROPER LAND USE DEsIGNATiON AND PB-OPER ZONING OF IxHE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINAN~ TO BE~ PASSED S~TANEOUSLY HEREWIXId; REPEALING'AIL ORDINANCES OR PARTS OF ORDINAN~CES IN CONFLICT HERE- WI114; PROVIDING A SAVINGS ,CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFE_C~IVE DATE; AND FOR OXIdER PURPOSES.' 6.. :Proposed Ordinan:~e No. 82'-43 Re: ,Land Use Amendment - First Federal Savinqs and Loan Association of Lake Worth City Attorney Vance read proposed. Ordinance No. 82-43 on second and final reading by title only: "AN' ORDINANCE.OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING ~ USE ELEMENT OF THE COMPPdKdENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER ~ LAND USE OF CERTAIN PROPERTY WHICH IS BEING ~ INTO THE CITY BY ORDINANCE siMUL~USLY HEREWITH WHicH IS MORE PARTI- CULARLY DESCRIBED HEREINAFTER; SAID ~ USE" DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COb~K~RCIAL POTENT/AL TO LOCAL RETAIL; pRovIDING FOR A.SAVINGS CLAUSE; REPEALING PRO- VISION; AN EFFECTIVE DATE; ANDi FOR O%IqER PURPOSES." 9.. Proposed Ordinance No. 82-46 Re: Rezone - First Federal Savinqs and Loan Association of Lake Worth Cit,y Attorney 'Vance read proposed Ordinance No. 82-46 on second and final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMELTDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A CERTAIN PARCEL OF LAIx~: MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO 2HE CITY OF BOYNTON BEACH BY ORDINANCE AS C-3 (COMMUNITY CDNt4ERC~); PROVIDING FOR A SAVINGS CLAUSE-; ' REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Mayor Trauger asked if anyone in the audience desired to speak in favor of these proposed Ordinances. There was no response. He asked if anyone wished to speak in opposition to these proposed Ordinances. Councilman Wright moved that the public hearing be continued on proposed Ordinances No. 82-40, 82-43 and 82-46'until the next Regular City Council Meetfng'to be held at' November 16, 1982 at 8:00 P."?M..'in acc~rdance'~ith the memorandum~of-City Manager Cheney dated November 3, ~1982. The motion was seconded by Council- member Wooltey. No discussion. At the request of Mayor Trauger, a roll call vote on the motion was .taken by Tereesa Padgett, City Clerk: Vice Mayor Warnke Councilmember-Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Ordinances - 1st Readinq Proposed Ordinance No. 82-4~7 Re: Appointing 2 Alternate Members to the Planninq and Zoninq Board City Attorney Vance read proposed Ordinance No. 82-47 on first reading by title only: "AN ORDINANCE' OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING 'CHAPTER !9~ PLANNING AND DEVELOPMENT, GEBIERALLY, ARTICLE I IN GS~ERAL; SEGTION 19-1 PLANNING AND ZONING BOARD CREATED APPOINTED TERMS, BY PROVIDING FOR TWO (2) ALTERNATES ON THE PLANNING AND ZONING BOARD OF THE CITY; REPEALING ALL ORDINANCES, PARTS OF ORDINANCES IN CONFLICT HEREWITH;' PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING~AN EFFECTIVE DATE~ AND-FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance 82-47 on first reading only, seconded by Councilmember Woolley. No discussion. A roll call vote on the motion was taken by Mrs. Padgett, City Clerk~ at the request of Mayor Trauger: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Proposed. Ordinance No2' 82-48 Re: Amending Section 22-25(a) Sidewalks Required City Attorney Vance read proposed Ordinance No. 82-48 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 22-25~.a) j 'SIDEWALKS REQUIRED,~, ARTICLE II, '~'CON- STRUCTION, REPAIR' OR ALTERATION' , CHAPTER 22, ' STREETS AND SIDEWALKS', TO ALSO APPLY W~EN A CHANGE IN OCCUPANCY AS DEFINED IN THE STANDARD BUILDING CODE OCCURS AND/OR WHEN ANY BUILDING IS RECONSTRUCTED IN AN ~DU~T WHICH EXC~,~S 70~ OF ITS CURR~T ASSESSED VALUATION AS DETERI~NED ~BY THE PALM BEACH COUNTY PROPERTY ~APPRAISER; PROvIDInG FOR A REPEAI,~R CLAUSE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT; PRO- VIDING AN EFFECTIVE DATE AND FOR 0t/qER PURPOSES. ' Councilman deLong moved the adoption of proposed Ordinance No. 82-48 on first reading only, seconded by Vice Mayor Warnke. Mrs. Padgett, City Clerk, took a roll call vote on the motion as follows: Councilman deLong Mayor Trauger Vice Mayor-Warnke -Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No-. 82'49 Re: Amending Ordinance 82-26 an 82-27 concerninq Annexation]of Benjamin and Field ProDert¥ City Attorney Vance read proposed Ordinance No. 82-49 on firs' reading, by title 0nly: "AN ORDINANCE OF'THE CITY COUNCIL OF_THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCES NO. 82-26 ANI) 82-27 BY pROVIDING FOR THE ANNEXATION OF CERTAIN RIGHTS-OF-~iAY LOCATED WITHIN PALM BEACH 0~UNTY coNTIGUOUS TO RECENTLY ANNEXED LANDS WHICH WHEN ANNEXED WILL CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY LIMITS; REPEALING AT,I. ORDINANCES OR PARTS OF ORDINANCES IN ~ONFLICT HEREWITH; PROVIDING FOR A SAVINGS CLAUSE; AN EFFECTIVE DATE; AND FOR O~HER pURPOSES." Councilman deLong moved forlthe adoption of proposed Ordinanc~ No. 82-49 on first reading only, seconded by Councilman Wright. No discussion. At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion as follows: - 20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Mayor Trauger Vice Mayor Warnke .CouncilmemberWoolley COuncilman Wright Councilman-deLong Motion carried 5-0. Aye Aye Aye Aye Aye proposed Ordinance No. 82-50 re Vehicular Siqns Re: Amendment to Sign Ordinance City Att6rney Vance read'proposed Ordinance No. 82-50 on first reading by title only: i'AN ORDINANCE OF. THE CITY coUNcIL OF THE CITY. OF' BO~ BEACH, FLORIDA, AMENDING ~ 2.1 SIGNS, SECTION 21-14, BY ADDING A NEW SECTION 'f' R~GUIATING VEHICULAR SIGNS~ REPEALING ALL ORDINANCES, PARTS OF ORDINANCES. IN coNFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO coDIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong m©ved the adoption of proposed Ordinance No. 82-50 on first reading only. Councilmember Woolley seconded the motion, Vice MaYor.Warnke questioned the wording, "in excess of two (two) hours, in the same parkinq'space, . "in the Ordinance and asked if it did not leave it open to the business, as they can move it around every two hours. City Attorney Vance answered, "Yes sir, it does, but as long as it is a vehicle with a valid li~ense~ we~canL'onl~y ~each a certain point. Vice Mayor Warnke asked if it Could be worded, "in front of the same business." City Attorney Vance replied, "No sir." Councilman 'Wright commented that he had voted against this but he guessed he could 'support this language. City Manager Cheney stated that enforcement Of this will be difficult. That was what Vice Mayor Warnke was worried' about. City Manager Cheney commented that anYthing like this is difficult. Councilmember Woolley said~.she WOuld -~hink it would be.extremely difficult. That was why CoUncilman Wright did not support it the first time. City Manager Cheney-further stated that they would do it, but he pointed out that it will not be easy. Councilman Wright remarked that'we Will ~be having our patrolmen running around the parking lots instead of "out there." At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Nay Aye Aye - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON'BEACH, FLORIDA NOVEMBER 3, 1982 Themotio~,carried 4~1, with Councilman Wright voting against the motion. Resolutions Proposed Resolution No. 82-HHHH Re: Authorizing Execution of Utility Agreement between Palm Beach County School Board and City of Boynton Beach City Attorney Vance read proposed_Resolution No 82-HHHH by title only: ' "~ ~RESOLUTION OF THE CITY cOUNcIL OF THE CITY OF BOyNTON BEACH, FLORIDA~ APPROVING AND AUTHORIZING ~ EXECUTION OF ,%~HE AGREE- MENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, TO FURNISH WATER AND SEWER SERVICES." Councilman deLong moved, the adoption of proposed Resolution No. 82- HHHH,.seconded by Vice Mayor, Warnke. No discussion. Mrs. Padgett took a roll call vot,e~on the motion, at the r~quest of Mayor Trauger: ' Councilmembe~"Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warmke Motion carried 5-0. Aye Aye Aye Aye Aye Proposed Resolution'No~. 82-IIII Re.: Ratifying South Central Regional Wastewater T~eatment a~d D~sposal Board - Interim Mechanical Screeninq?aci'liti'es ~ Boyle"Construction Company City Attorney Vance read proposed Resolution Nb. 82-IIII by title only: "A RESOLUTION OF T~E .CITY OOUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA~ RATIFYING SOUTH CENTRAL Pd~GIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 13,~1982.,, C~o~neilman deLong moved the adoption of proposed Resolution No. 82-IIII, seconded by Councilman Wright.. Councilmember Woolley asked if this was a shared expense with the City to the south. Mayor Trauger replied that it was. Councilman Wright added "With Delray and Boynton." ' A roll call vote on the motion was taken by Mrs. Padgett City Clerk: · Councilman deLong _ Aye Mayor Trauger - Aye Vice Mayor Warnke _ Aye Councilmember Woolley _ Aye Councilman Wright _ Aye - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NovEMBER 3, 1982 Motion carried 5-0. Proposed Resolution'~No. 82-JJJJ Regional Wastewater Treatment al Mechanical Screeninq Facility - City Attorney Vance read propos, only: "A RESOLUTION OF THE CITY COUNC~ Re: Ratifying South Central ~d Disposal Board - Interim Parkson Corporation ad Resolution No. 82-JJJJ by title OF THE CITY OF BOYNTON BEACh, FLORIDA, RATIFYING SOUTH CENTRAL R~GIONAL WASTEWATER TREAtmENT AND DISCPOSAL BOARD ACTION OF OC/OBER 13, 1982. RESOLUTION REPLACES RESOLUTION #82-T. Councilman .wright moved the adobtion of proposed Resolution No. 82-JJJJ, seconded by Councilmember Woolley. Mrs. Padgett took a roll call vote: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No.'82-KKKK Re: R~lease of Bond - Rowan Construction Equipment, Ind'. '~xcavation City Attorney Vance-read proposed Resolution No. 82-KKKK by title only: "A RESOLUTION OF ~HE CITY OF BOY THE BOND POSTED BY. ROWAN CONSTR '~EXCAVATiON pERMIT .IN. OONNEC~ON Vi~e Mayor Warnke mOved"to adot seconded'by Councilman deLong. requested M_rs. Padgett, Ci{y C1 the motion, as follows: FfON BEACH, FLORIDA, TO RELEASE 3CTION EQUIPMENT, INC. FOR AN WITH QUAIL .'LA~E.' t proposed Resolution'No. 82-KKKK, No d±seussion. Mayor Trauger erk, to take a roll call vote on Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. At this %ime, Councilman deLong wanted to say that when they have the release of bonds in the future, that the Council gets some input. He pointed out that they did not'~a~e any input on this to know that everything is OK. All the Council had from the City was that the owner has indicated that the subject property has been filled properly. He read, "See attached letter." Council- man deLong said they have a letter from the owner, which is no - 23 - MINUTES --REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 proQf.,that it has been filled. Councilman deLong thought that they should have something substantial and something from staff which says that it has been. complied with~ He tmusted.that~in.theP ~ future City Manager Cheney would make certain that the Council receives something. To satisfy this requirement tonight on release of the bond, the Mayor asked whether 'they could ask the Engineering Department if this had been inspected,, "To be definitiv~'~, Councilman deLong meplied, 'that the requirements'have been accomplished." Mayor Trauger confirmed with Bill Flushing, Deputy City. Engineer, that "they have been made with the Engineering Department." Rroposed Resolution No. 82-LLLL Re: Sunshine Square City Attorney Vance read proposed Resolution No. 82-LLLL by title only: 'RESOLUTION OF THE CITY' COUNCIL OF THE' CITY OP BOYNTON BEACH, FLORIDA, ~ING SUNSHINE SQUARE SHOPPING CENTER REDESIGN Co.~neilman Wright moved, seconded b~ Vice Mayor Warnke, to adopt proposed Resolution No. 82~LLLL. City Manager Cheney called attention to the fact that this was a new'~Resolution which the Council just receiv~dtonight. City Attorney.¥ance read the Resolution in its entirety. Mayor Trauger-informed everyone that they had the ribbon cutting ceremony at Sunshine'Square at 12:00 o'clock today. He said it was a very fine, new-renovation project to our City and stated that they hope it is sort of the leader for our Downtown Develop- ment and that the Chamber of Commerce can use this Resolution as a club to maybe plug some of the other downtown shopping areas into attempting to improve their area to make' it as presentable to the City as Sunshine Square is. Mayor Trauger said ~that was the purpose of the Resolution and of the City Council. Councilmember Woolley remarked that she thought it was very nice. Mrs. Padgett, City Cierk, took a roll call vote on the motion, at the request of Mayor Trauger: Councilmember Woolley Councilman Wright Councilman deLong Mayor TraugeP Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Other con~sideration of Sale of Bonds for.Beach Renovation Pro~ect - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3. 1982 City Manager Cheney told Mayor Trauger he had before him a proposed Resoluti~On for the issuance of $1,750,000 in bonds for the beach improvement. He said the~City has now gotten through the golf course issue but there are two or three'reasons they think are important to adopt thi's Resolution at this time: (1) the interest rates are still very good; (2.) the City hopes.to get this bond sale through before~ the end of'December. City Manager Cheney continued by .saying the significance of that is that as of January 1, ~here ~iii'~n~'l°nger be bea~e'~ municipal bonds'. That is, he explained, whoever has them and has the coupons can collect. City Manager Cheney said they will all be registered in some way. No one knows for sure how that registration of muniCiPal bonds is going to take place. City Manager Cheney advi~sed there may be some delay in JanuarF we will have to work out but there will be a great convenience to t.he bond holders to have ~bearer bonds and not registered bonds. City Manager cheney stated that the City anticipates that there will be a lot of bonds'[sold in December, but there should be a lot of people wanting to' buy bonds in December so that they can get the last of the'bearer bonds. 'He said the City would like to get this issue sold. this year, during December, going through validation, and all of those things. Hopefully, City Manager Cheney-eontinued, we.-~can do it, and we think it will be a great advantage. City Manager Cheney informed the Council that the City proposes on this issue to continue wfth Florida Municipal Securities as its bond advisor since'~they were a~shared role in"the golf course bonds. He said the City hopes to have them as sole advisors on this one. City Manager Cheney~also told the Council they propose a public bid sale because it is a conventional, simple, easy, GO issue. It does not need to have a negoti'ated sale. They.~sell very well. City Manager Cheney further informed the Council that they propose to continue with the'bond attorneys' firm that they-used for the beach bonds. He did not recall the whote name of the firm but said Howard Whitaker ~is the key person involved. Qity Manager Cheney said if the Council' had any questions, fine, but'City ~ttorney Vance-~would read the Resolution by title. Councilman deLong did not think the Council would want to go to New York in the winter time and thought it would be cheaper for the City if they ~had them signed in Lake Worth. City Manager Cheney reiterated that there was no question a GO issue is a different. Situation than the co'mplicated one we had before. He told Councilman deLong he was agreeing with him and repea~ed that a GO issue is a simpler issue than the bonds for the golf course issue we had where there were, in fact, a lot of changes made in the last day, City Manager Cheney said they - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 tried to sign them lOcally, and there was great public pressure to, "Why do you have to go_to New York?" City Manager Cheney explained that you do not'have to go to New.York for every issue, but complicated ones.of that kind, negotiated there, was a different situation, i"~He said there were fewer~issues and a much simpler, much more conventional and a whole different situation. City Attorney Vance rai~ed one item before they went to the Resolution. He did not charge a fee on the last bond validation, and he took a "bath!'~ of about 150 hours at that time. City Attorney Vance wanted to present a fee schedule to the Council regarding future bond~validations and requested that he'be paid basically under this schedule, as he ends up doing the validations and signs his name on the things. City Attorney Vance honestly felt it was reasonable. Councilman Wright asked if they could discuss it at the next meeting. City Attorney Vance replied, "You certainly can." ' Mayor Trauger asked _CitY~ttorney :Yanc~ if he would present a~fee schedule for considertaion for the next Council Meeting's Agenda. City Attorney Vance answered, "Yes." Proposed Resolution NQ. 82-MMMM Re: Recreational and Municipal Beach Facilities Bonds City Attorney Vance read proposed Resolution No. 82-MMMM by title only: "RESOLUTION PROVIDING' FOR THE ISSUANCE OF $1,750,000 RECREATIONAL AND MUNICIPAL BEACH FACILITIES BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA. ' Councilman deLong moved, seconded by Counci!member Woolley, to adopt proposed Resolution No. 82-MMMM. Mayor Trauger requested Mrs.. Padgett, City Clerk, to take a roll call vote on the motion, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye MotiOn carried 5-0. Discussion of Beach'Projeet - City Manaqer Chene¥ city,Manager Cheney told the COuncil he was in the Ocean Ridge Town ~ail on Friday nlght'~ (October 29), and they had a very positive hearing on-the special exception in many ways at the case before the Town Commission. On Monday, November 1, City Manager Cheney sent the Council a~ memorandum summarizing what happened at that 'meeting, indicating what steps have to be taken, and indicating thai'he wants direction from the Council as to what to do before.the City submits an application for a variance to the Ocean Ridge Board of Adjustment ~nd submitted it to the - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA~ NOVEMBER 3, 1982 Council for review.~.~ Today, City Manager Cheney received a letter from Ocean Ridge'~ Which he just distributed. He said they were not the minU~es of the.~last.meeting because they; ,obviously, have not been adopted Yet, but it was the. C~%y Clerk's wording of what will be in the minutes When they are adopted. City Manager Cheney told the Council this indfcates the adti6n or, the Town of Ocean Ridge. Mayor Trauger asked' if this was any different~. City Manager Cheney replied there was 'no-real difference.except it was in more detail than what was .in his memQran'dum. He added-that there were a few less~restrictions -~han what were in the ~ecommendations of the Planning and Zoning Board. Those fewer restrictions were outlined in City Manager Cheney's memorandum to the Council'of November 1. For example, he said they are not requiring a bond, and things of that nature. Vice Mayor Warnke wanted to ask City Attorney Vance a question regarding the letter from Joseph deGange, Town Manager, Town of Ocean Ridge, dated November 2, 1982. He referred to paragraph 5 of said letter Where.it said, " .to police an· area off their beach frontage as to litter coming from the beach as well as their own property." Vice Mayor Warnke questioned whether the City would run into any complications there insurancewise ~and otherwise of going on the neighbors' property and cleaning it up. City~ Attorney Vance answered that it depends.on-what they mean by this wording. As long as the City is on the beach area, below the high water mark, that is public property. City Manager Cheney thought the answer'waS that obviously below--the high water mark, there is no problem. He said they were only. talking about probably three properties at'fhe most south of the beach. City Manager Cheney suspected, w~thout any insurance problems, the owners of those three properties will give the City permissmon so they would not have an~i~sur~n~e p~Oblem. In other words, Councilman deLong pointed out, !'we're cleaning their beach for them.'! After we do the initial cleaning, City Manager Cheney said all the City's obligation is to be sure that any litter that~comes from our beach ~not stuff coming in off the ocean - driftwoOd, sea weed, etc. but any~-litter that might come such as paper cups, napkins, and that kind of thing)~is~6f concern to those~who spoke to this issue in the-first two or three houses on. the south, side. On the north side, of course, City Manager Cheney continued, it is in.County.-property and a different situation. He thought there Probably was some legitimate concern and that if the City takes a look at it, it will not be too expensive and will be a good neighbor policy. Vice Mayor Warnke thought~it should be worded carefully. COuncilman Wright asked what policy the City should follow as far as occupying the concession stand'. Mayor Trauger answered that the point of vmew to this is that they (Ocean Ridge) wish to have the .~City operate the concession (which. is what it says) rather than by a licensee or lessee, as we have under the current regulations. Mayor Trauger failed to see what is really the legal difference. Where the City of Ocean Ridge does not require their citizens to - 27 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 come to the City and sell or rent rooms in property or in motels by the season or overnight, Mayor Trauger commented 'that by the same token, that is a-sale and an exchange of money ~or the use. Why that is any different than a person buying a hot d6g and a coke, paying money and receiving a product, Mayor Trauger pointed out it is one and the same in 'the exchange of money. In one place, he continued, they say it is illegal, for Boynton to do it this way. On the other hand,~ through their real estate agents and their people, Mayor Trauger said 'they-do it on the~other side fOr them- selves. He saw no difference'in the logic or in the legal matter of an exchange for a piece of property. Nevertheless, Mayor'Trauger stated, they are the ones that are holding a shot gun ~to our heads for this point and so he believed the City would probably have to ageee unless they find another way around it. Talking about holding shot.guns.to heads, Council- man deLong meant it is~very, very hard for another City to 'tell another City how~they..shou!d operate their business and that this should be operated by~'the City, in view of the fact that this is grandfathered~'in~ He -said it stays there if~we so desire. Since Counei~ma~ deLon~g has!been around 'here .~.and~he has been around here long enough to know)~ both Lake Worth and Lantana have had plenty of problems in the past with City operations of their concession stands. Councilman deLong d~d not know why the City should go in and compete with private industry. Furthermore, he said the City was going to wind up in litigation that was-going to cost the tax- payers anywhere from $50,000 to $100,000 to abrogate the present lease. It is a ten yeas lease, and Councilman deLong said the man has an Agreement to Purchase'.of $55¥000. He thought the City was going to be very fooliSh if they are going to 'get down on their knees to Ocean Ridge/to tell us we have to get rid of that snack bar, and if~-we~want to movei~it~some~place~e~se.-it~has..to~be oper- ated by the City. Councilman deLong called attention to the fact that the City has one little speck of autonomy over oh the beach, and that fact is that the snack bar is grandfathered. The City has the right to have that concession there. Councilman deLong thought with a little dressing up of that concession and snack bar, it should remain there. He knew you could expand upon it. Councilman deLong moved that the City retain the snack bar in its present form as the City proceeds with 'the beach development. Councilmember Woolley seconded the motion. When Mayor Trauger repeated the motion, he asked Councilman deLong if that was the substance of his motion. Councilman deLong replied that it was the substance, but he thought there was a question about what the City is going to do wi. th. the. provision they are going to make for a snack bar somewhere else. If they do not want to alter the plans, they go ~ahead and construct the way they have it planned. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Councilman deLong pointed out that the City can always use the space at a later date, so' they should not let that be an excuse. As far as the dune lines are concerned, Councilman deLong advised that the dune line is east of the snack bar. He said he has had them over there giving all kinds of excuses and arguments, and Councilman deLong thought by him calling Ocean Ridge was the reason the Council got this letter for tonight's meeting. Councilman Wright st-ated that' he would hate to see~tha~'.~pr~vi'Sion included in this particular memorandum, but'felt if if~the'~'~iqy would act favorably on the Other items~listed, perhaps they wou!'d see where the City could benefit finacially if we could run it our- selves. Councilman W~ight thought that should be the City's position, maybe between now and ten years, to say to the fellow (give him..a warnmng in advance)that perhaps this is w~hat we might want to do, but he did not think the .City should get boxed in at this particular point and time. Mayor Trauger 'asked two questions. One was ~i'f %he~lease'~is ,worth $50,000, the City has really been "getting screwed3' in the rent. Mayor Trauger also wan~ed to ask through City Manager Cheney to Charles Frederick, Director of Recreation and Parks, if (in the degree of possibility) th~ snack bar where it is currently sitting in'its own building (that little one) With its patio.adjacent to it and those two lit%~le storerooms cutting it off at where the shower and the bathrooms are without the roof could remain there per se while the City goes along with the new development that ms proposed to this beach - the area of which is proposed in the new plan for the snack"bar be left in and included in the plan, and everything done~but Putting the equipment in finally and use that temporarily as a storage-room. Mayor Trauger asked if that was feasible under the current planning for the beach. City Manager Cheney said Mayor Trauger had~two questions there. He answered that obviously, they can build a space and not use it. City Manager Cheney could not tell the Council whether or not Ocean Ridge will give Boynton Beach a building permit for that, but he suspected that.if we were not going to outfit it with cooking equip- ment and that it would become storage space until something happens in.J~he future, that we could do that. City Manager Cheney could not see any reason why we could not. In addition, City Manager Cheney made two comments: (1) his own judgment was that we do not know Whag the value of that leasehold interest is until we have it appraised. He did not think just the sale is the bnly determining factor of the leasehold interest. It is a conditional sale etc. City Manager Cheney .said that was something the COuncil'would have to get'by an appraisal of lease- hold interests. He~ suggested that if the Council did not'like this condition put on by the TOwn Commission of Ocean Ridge, there was an~ alternative they might try. City Manager Cheney thought it would be unfortunate to have to leave that structure there, where it is, because it does affect - 29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 the parking, the'beauty; the vision, and the whole bi%. He said it was possible we. could apply for a variance to~-Zhe.~Board off~.~dj_ust- ment and ask in the granting of that variance 'that the Board of Adjustment not include this condition of operation that the Council is talking about. If' the Board of Adjustment would grant that kind of variance, City Manager Cheney sa~d we could put the snack bar in a new location and not include this condition, and then go back to the Town Commission '(Ocean Ridge) and ask them to remove this condition. He though~ they might find they can do it because a part of the reason fOr this condition in i~$ first'~discussion-came at~ng when the Planning and Zoning Board was toying with the idea of what can be done to make the plan legal. City Manager Cheney stated that' there has been a real. intent on both of those bodies to make that proposed plan legal, and they have been trying to find out how to do it. City Manager Cheney said the question has been partly solved by Ocean Ridge's Town Attorney when' he said a variance can be given by the Board of Adjustment, and if a variance, is given by the Board of Adjustment, then the Town has no precedential problem for other commercial activities in the City. If the Town of Ocean Ridge would give-us a variance without that condition of operation, then City Manager Cheney said the snack bar is legal. He thought the Town Commission might be willing to take off the condition they put on because it is no longer needed as a way to make the whole thing legal. City Manager Cheney thought i'f the whole procedure does not work, then the. City can do what Councilman' deLong suggests, not move the building at all and leave it there~for awhile. Maybe we will get what we want~ and everybody will be .happy,.City Manager Cheney added. Mayor Trauger thought it looked like.a proposition peuhaps on the variance because if the City left the building and built the new beach facility', everybody would say, "What a crummy looking little snack bar~'~ and we could have put a sign on it by t-he deSign~of Ocean. ~idge. Mayor Trauger thought then we could get so..much pressure that finally they would tet us do it. Councilman deLong wished his motion to stand. As Mayor Trauger had not repeated the motion, Councilman deLong said it could be amended. He said the motiOn would stand/.that this is grandfathered in, and it would stay where it~is excepting that if a variance is applied for and granted; there will be no strings attached to it, and it can be privately operated, councilman deLong wanted the motion to stand that way because he-was not taking any chances with anybody because he has had enough dealing~ in this business to know that there is a little sleight of hand stuff that goes on, and it is not going to happen in this instance~ Councilman deLong stated that the taxpayers in this City are not going to get "bagged" $55,000 or $100,000 for legal fees. Mayor Trauger believed he did repeat the motion and said this Would be discussion. Council- member Woolley said that would apply, accordingly, to the second she made. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Mayor Trauge~ repeated that the amendment was that they proceed ~ith the~variance and ~he Var'ianme would have no condition as to operation of the snack ~bar. He asked if that was correct. In other words, Councilman deLong clarified that the motion would be that the snack.bar would remain where it is.because it has been grandfathered'in. If a variance is-applied for, there can be no strings attached to it and that the same owner, or the lessee, will have the privilege of moving into that particular new buildingl (new restaurant). City Manager Cheney did not want them to let the motion be that that lessee will move in. He said the Council wanted the motion to be that the existing lease will be in force, because that~l~ssee wants to sell. Councilman deLong said, "Whatever lease'is in force. Whatever lease that is in existence will be enforced'." Councilman Wright seconded the amendment~~ Mayor Trauger was ~just wondering how this City Council was so "cottin pickin stupid" at one time to renew ~thaq lease, bU~ ~hat was beside the point. Councilman deLong-said th~-Council was not at fault. They knew i~ was grandfathered in. The Council made no deals with them that they were going to get rid of the concession there. Mayor Trauger pointed out that the Council renewed a long lease, Councilman deLong said that lease has been there, sin,ce 1940. Mayor Trauger realized t~at-but said they just extended the lease not too long ago. That was where he says they "screwed the wor~s up." Councilman deL0ng disagreed, saying they did not "screw ~the works uP" because they were not going to be honorable with the man and were going to give him a fast count. Mayor Trauger retorted~ "Honorable? Bandit! $5~,~000~.Holy Smokes~" Councilman deLong said this Council ms creating this litigation, not the concessionaire. By the actions of the Council, Councilman deLong stated they are creating this titigation~ If they had not reneWed the lease, Mayor Trauger pointed out they would not be to that point. Councilmember Woolley called attention to the fact that they did renew the lease. Mayor Trauger took a vote on the motion of.amendment. carried 5-0. The motion Back to the main motion'on the snack bar, Mayor Trauger took a vote, and the motion carried 5-0. Corrected Deed Councilman deLong did not find any inputs'on it. City Attorney Vance informed the Council that a few months ago (perhaps a year ago), the City did a joint condemnation with Palm Beach County. They wanted road, and the City wanted water and sewers. At that point and time, the County acted as the City'S right-of'way agent and they made up some deeds with the City of Boynton Beach on - 31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 them. Subsequently, they inadvertently purchased apiece of~propertyforP~B.Count and used one of the deeds with the name of theCity of Boynton Beach on it. We are now the proud owners of a substantial tract in Riviera Beach, City Attorney Vance told the Council. City Attorney Vance Continued by saying they acted as our right- of-way agent when we were aqquiring~those~wat~r~and.$ewageeasements. A corrective deed, w~hich was simply a form of quit-claim deed, had been preuared, conveying the property back to Palm Beach CoUnty, and City Attorney Vance recommended the City authorize that approval. Upon the recommendation-of the City Attorney~ Councilman deLong moved that the corrected-deed be executed. Councilman Wright seconded the motion, and'the motion carried 5-0. OLD BUSINESS Recommendation from the City Attorney on community Redevelopment Aqency Policy for Utilizinq Budqeted Funds City Attorney Vance explained that Assistant City Attorney WOlf has been paying attention to this particular matter. He had a letter on it. Members of Council did not have the letter. City Manager Cheeny said it Was 'directed to the Council from Jim Wolf, Assistant City Attorney. Councilman Wright got his in the mail. Council- member Woolley did not get it. The only question Councilman deLong had was W~ho is going to issue the checks. He wondered if they were going to be issued by our Finance Department. Mayor Trauger answered~ "Our Finance Department." City Manager' Cheney said they would be issued by the City; the records will be kept: here; the money will be kept here, just in a separate account. Vice'_Mayor Warnke aSked if this proposed budget had been approved in the minutes. Councilman deLong could not see any problems with it. City Manager Cheney could not answer Vice Mayor Warnke's question. ~Mayor Trauger asked if anyone knew if ~hi.s~b~dgeti~had he~n approved by the communit~ Redevelopment Agency in its last meeting'. Henry E. Thompson, Chairman, Community Redevelopment Agency, who was mn the audience, informed Mayor Trauger that the budget was approved. He was asked to come to the microphone. Mr. Thompson mnformed the Council that he lives in-Ocean Ridge and told the Council the answer is "Yes." Councilman deLong noVed, seconded by Councilmember Woolley, to adopt the proposed budget of the Community Redevelopment Agency as stated in their budget memorandum dated November 3, i'982. Vice Mayor Trauger asked what date it was approved by the Agency. Mayor Trauger did not know. Mayor Trauger said that date should be included too. He told Mr. Thompson it was not on the form and the date it was approved by the Agency had to be there too. Mayor - 32 - MINUTES - REGULAR CITY COUNCI~ MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Trauger said they would date this November 3, 1982. City Manager Cheney stated that ~hey would add to it the date of the Agency approval and give the~Council a note on it. Councilmember Woolley pointed out. that this Would probably be approved at the 3~I~ - Community Redevelopment Agency's meeting. Councilman Wright already spoke with several of the Members of the Agency and said they were in agreement with this. A vote was taken on Councilman deLong's motion to adopt the pro- posed budget. The motion carried 5-0. Slide Show - Downtown Redevelopmen~ City Manager Cheney announced that we had a-.s~i~e.show..o~downtown redevelopment by Councilman wright. City Mana.ger Cheney was~. told it would be ten or twelve minutes. As there were-several people waiting for things coming up later in the Agenda, Vice May~r Warnke suggested they hold the slide show. C°uncilmember'Woolley recommended they move it to Councilman Wright's Report on Florida League of Cities. Councilman Wright was agreeable, saying he could give a brief report on what went on. Councilman Wright wanted everybody to stay around to see the slide presentation, if at all possible. Councilman deLong moved, seconded by Vice Mayor Warnke, to suspend with the regular o~der of business and move~to ~item E on the Agenda, "~%ie-~ Of.-~aPe~ Hill Water retention (swale) drainage project.' Vice Mayor'Warnke called attention to the people wait- ing for item C, "Review of Current Process ~or selecting bidder for City Printing" too. Review of Ch~Del H%ll Water retention (swale) drainaqe pro~ect Bill Cwynar, 2701 S% W. 8th Street, Boynton Beach, said they needed some clarification on Chapel Hill's swales and ditches. Mr. Cwynar had a couple of questions for City Manager Cheney. He said he finally received the letter that he requested from City Manager Cheney on-Thursday evening, the 19th of October. He received the letter on the 20th. In the. letter, Mr. Cwynar said it talks about..drainage improvements in the area. It also talkS about water containment'. He asked City Manager Cheney if he could 'tell whether these swales or ditches (as Mr. Cwynar preferred to call them)~are for water containment, r_etainage or drainage. City Manager Cheney answered-that the water retention area is a part of the drainage system for the City of Boynton Beach. Mr. Cwynar said the City calls them "swales", and he calls them '~ditches'". He'wanted to read~two~defihitions. City Manager Cheney advised that the City calls them "water retention areas" That is what 'they are for, and City Manager cheney did not see that there was any Point in arguing whether they are swales or ditches. He said we know what they are. City Manager Cheney - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 stated they are in the public right-of-way; they have a depth to them that is somewhat below the crown of the road and the edge of the road, and they are there for the purpose of retaining water. They are water'retention areas, as a part of solving drainage problems in the City. City Manager Cheney did not want to argue whether they are ditches or-swales, as that is merely academic. He said they have to retain water during a storm. Mr. Cwynar said he would not read the two definitions but ditches are for containment of water. Retention is containment also. According to Webster's reference Dictionary of the English Language, (the Encyclopedic Edition, Section and Title, '"LaTM for the Layman," Volume II, page LL-49) Mr. Cwynar read the paragraph concerning water rights: "It is written, as..a general rule, ditches or'obstructions may not be dug ei'ther to hinder or hasten the flow of wager from one person"s land to another in other than a ~atural way." Mr. Cwynar.felt 'that. by digging these ditches in certain spots, not continuous, 'that the City is hastening the flow of water from one person's land to~ another. City Manager Cheney wished to respond. Mr. Cwynar-wanted' to continue. He asked City 'AttOrney Vance in regard~ to the water rights if h.e wa.s familiar with any- thing of that sort[~ City Attorney Vance replied that the matter was irrelevant. He'said these/-.swat~es and~W~e~retention areas are on the public right-of-way of the City of BoYnton Beach. Mr. Cwynar said, "But you are also hindering the water flow." City Manager Cheney agr~eed that they are. Mr~ CWYnar added that they are hastening the water flow. City Attorney Vance advised, "but on the street right'of-way of the City of Boynton Beach.~, Mr. Cwynar asked if any Members of Council or the City Manager drove through any areas this past Monday morning. Mayor Trauger drove-through Mr. Cwynar's area at 6:30 in the morning. Mr. Cwynar asked if he had any problems. Mayor Trauger had no problems because the ditches were of swales. The swales were practically full of water, but Mayor Trauger said there was no water to' speak of in the street,' only. maybe 1/4 of an inch. He said he went through there and wen~ back to make sure. Mayor Trauger drove down to Mr. Cwynar's house and thought~ "This is a golden opportunity that the rains came, to see if they are going to work, and they did." Councilman deLong interjected to say Mr. Cwynar asked a question and he wanted to answer it. He also wanted to say that at the invitation of Mr. Don Seetey, he was over there looking at the situation. City Manager Cheney was there at about five minutes of 7:00. He was the~e again at about ten past' 7:00, and he watched the route.of all of Chape.~ Hill and Mission Hill. When City Manager Cheney was there at.that time, ~he water was not in the road. By the way, City Manager Cheney said the water'was not in the road down at Mission Hill and Churchill, where the City has had problems in the past where they put in some retention areas. - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 City Manager Cheney rode on up to the northend of the City, where we have had major problems, particularly East Palm Drive and Ocean Parkway, where the City had water in the streets back in the last series of rain for about five or six days after the storm. He reported that there was no water in the streets up there because the City had put in a lot of retention areas on all of these hills to hinder the flow of water from property to property down to the bottom of the hill. Tnterestin~ to not~ City Manager .Cheney.said~_~he~had-.a letter from Mr. Leo Kust~a today, who had water in hiS.house at that time, thanking the City for the retention walls because this was one time he did not have water. As City Manager Cheney went up Seacrest that morning,. 14th and Seacrest was pretty clear compared to.what it had been in the past. He said we have always had a flood at 19th and Seacrest, so the City has added additional retention areas between 19th and the little shopping center (Rainbow Market).. City Manager Cheney said there was no water on the streets, and the swale has a hole in the water. This was about 7:20 at that time when City Manager Cheney went up. He continued by saying he told the Council he went up East Palm Drive, and their swales were working. At about that time, "the heavens opened up againS" By the time City Manager Cheney got from Ocean Drive, Ocean Parkway, and EaSt Palm Drive back down to 19th and Seacrest, that total area was once again flooded out. Very shortly .after that, City Manager Cheney said the City had to block off Seacrest. That was how fast the rain came. City Manager Cheney went down to 14th, and it was the same situation. You had to barely crawl through. When he got down to the new section of Seacrest, at Ocean and 3rd and 4th and 5th, water where the City has positive drainage and a brand new road designed to contain today's standards, water was caught half way across Seacrest, as it was at most of that area down to Woolbright. City Manager Cheney went on down to 23rd and back to Federal Highway. By that time, it was now approximately 10 minutes until 8:00. The Policy Depart- ment had closed Federal Highway, which also haS a positive drainage system. The point City Manager Cheney was making was, "No, those retention areas at that time - from 7:30 on - did not hold the water because there was too much'water." City Manager/Cheney stated that there was, between 5:00 o'clock or 5:30 when the rain started that morning, and 9:30, 3.1 inches of rain. If any of the people were up at that period of time, from 5:00 o'clock on as City Manager Cheney was, he said they would know that most of that rain landed from 7:30 until about 9:00. Mr. Cwynar said that was.correct. City Manager Cheney sa%d most of that three inches fell in that'period of time. That is the problem with tropical storms here in Florida. City Manager Cheney said we would not suggest that that kind of rain is going to be contained by the water retention swales that the City is putting in or even by a positive drain system because it did not work. He added that it is not going to work. There is no way it is going to work in that kind ~f a storm. City Manager - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ' ' Cheney could tell them that'the water, at a little after 7:00 the rain they had from then was working zn all of those water retention areas he visited throughout the City. said we finally ended up with too much water. NOVEMBER 3, 1982 City Manager Cheney In answer to Mr. Cwynar's statement, "Are We hindering the flow of water?", City Manager Cheney replied, "AbsolutelY' We are purpose- ly hindering the flow of water so the people at the bottom of the Slope do not have ali of the water landing in front of their house a~ the interSection." City Manager Cheney said the City is attempt- ing to hold the water back in the public rights-of-way, house by house, so that the water that flows in Mr. Cwynar's lot does not end up getting do~n at 27th and 6th Everybody with a retention area in front of their own house, which is the way all new develop- ment takes place now, the water that lands on their property ideally and'the0ret!cally stays on their property and does not go to the other person"s property and is hindered from flowing down because the City keeps the driveway aprons above the bottom of the swale. Mr. Cwynar asked City Manager Cheney if he said "new construction." City Manager Cheney replied, "Yes." He said the City has the problem of going back into old construction. City Manager Cheney suspected, based on their conversation, that Mr. Cwynar was going to ask him why the C'ity did not consistently put the retention areas at every lot all the way along the street. Mr. Cwynar said City Manager Cheneywas correct, city Manager Cheney informed hiTM that a part of' that is a judgment. He said the objective is to hold the water back-. The objective is not to take away in old neighborhood~any~more'~f~the~beauty~a~d the.'p!an~ings. and~-~. ~ .. ~ the aesthetics that. have been developed from house to house; so, in judgment, when this was designed, in some cases but not too many, because there was some-very good Planting in front of some houses that not o~ly helped that house but also helped the impression of the Whole-neighborhood. City Manager'Cheney said it was probably planting in the public right-of-way where they did not have permission for it to be there, -but that was another issue. City Manager Cheney said his neighbor's planting helps his house and helps the neighbors. City Manager Cheney continued by saying the City did make some judgments as they designed that, to not take some of the better plantings in front of some of the houses but at the same time attempt to get enough retention areas.throughout the neighborhood. It seemed as though that kind of a judgment made more sense than to just go in and take out everything just for the sake of taking out everything[ so %hat.someone could not complain that the City took out their grass :bu~ .not the .neighbors.' bushes'.or shrubs or exotics or whatever they-are.~ That~as the..reason the City did that, City Manager Cheney advised. If that bothers people, he said the City can go back in and'can."take out everything all the way along in the public right-of-way and denude the area. City Manager Cheney - 36 - MINUTES - REGULAR.CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 added that the City 'did not think that was necessary as long as, tOtal, they get the retention areas necessary to keep the water from going from lot to lot to lot all the way down to the bottom. in Mr. Cwynar asked if the City at any time, when the plans were being prepared for these swale areas, contact the Health Department regarding the-swales or ditches~ and swales and water retention areas. City Manager Cheney answered that retention is a current -environmental requirement in the State and it is something that the Department of Environmental Regulation has commended the City for in an effort to solve the water drainage, problem this way. Mr. Cwynar questioned whether City Manager Cheney was sayinglthat he was not sure. or did not know whether anybody contacted the Health Department. City Manager Cheney replied that the-City did not contact the Health Department~,~as~!~t.~!ilis...~not~.neeessar~ with the kind'of retentioD they~are~ta~king, i..abou%.~!..~,~rom~Mr..~C~ynar,s~diS~. ~ussions-with~peop%e in the EnVironmental and~Eng~neeming~Br~nch, and in the Biolog~'cal~Department, a swale .is to be continuous with- out blockage such as driveways.or planting areas-thati'.will'not'. stop or ~hinder .~he' ftow of water. Any such blockage Would create a drainage, a water containment or a water re~ainage pond. City Manager Cheney asked Mr. Cwy~ar who he talked to. Mr. Cwynar was'sorry, but he, did not have the piece of paper that he was hoping to find.i~fI~ was on his desk when he ta~ked to the people, and it obviously got stuck into another file. Mr. C~y. nar said he has a quite busy day a~ times. M~ Cwynar said the Health Department kind of frowns on these areas. City.Manager Cheney doubted it but said 'they could talk wit'h'the'Di~e~or,~Ofthe.-Health Department and find .out. City Manager C~eney did not think the Health Department~frowns on this kind of a solution to their drainage problems. According to the Boynton Beach Building Department, Mr. Cwynar said the Swale--area for new construction in front of 'a property in the'right-of-way area is to be a depth of eight'inches from the crown of the road to the bottom of the swale. Mr. Cwynar was not in objeCtiOn to that. In the Chapel Hill area, on the northend of 6th Street and 23rd and 25th Avenues, Mr. Cwynar told the Council there is ~a new section of houses in there that all have swales and stuff. He said they do not look like ditches; 'they look like swales or small indentions in the ground. Mr. Cwynar stated that was not bad. The ditches they have now do not look that good. Mr. Cwynar referred to the percolation test and apologized publicly for calling City Manager Chen~y one evening at 10:30 P. M. He explained'~that his "dander was up" and he wanted some answers quick. Mr. Cwynar also apologized to Mayor Trauger publicly, as he called him at 11:00 P. M. Mr. Cwynar stated he was told at that time that %here~were not any percolation tests done in the area. Mr. Cwynar fel.t percolation tests should have been,done in all of the areas and in all of the sections where swales .were going to be put to see what actual size those containments for swales should have been. Mr. Cwynar said the City had different sections. - 37- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NovEMBER 3, 1982 Mr. Cwynar informed the Council that he is in the construction industry and is~a little bit familiar with things that go on~ Percolation varieS'tremendously in very short'distances down here, he advised. The.. practical answer to that is, ~f the Ci%y,'knowS- percO~aqion is~in the.~.~retention areas that are sodded over, it is better than it is ow.black asphalt roads, City Manager Cheney told Mr. Cwynar. He~ said the alternative was ~to keep the water on the road or'get it into a swale. City Manager Cheney stated that there 'is a limited amount of area within the public right-of-way and these built up sections of the~City. Therefore, Mr. Cwynar's may be a little deeper than some of the o~her~'~"~Where you'.can do the same amount of retention~maybe over a. eight or ten foot wide situation, where you don't have it whereyDi~'~ a~e. For example, in Ridgewood, as you approach the neighborhood, City Manager Cheney pointed out that you have the road, the grass and sidewalks. He said there was 'a fair amount there, and guessed there was probably siX or eight feet-between~the-edge of the road and the sidewalk. Mr. Cwynar-answered that it measures out to about 11-1/2. City. Manager cheney called attention to the fact that.they have a fair amount-o.f grass already built in there that would absorb the water. He said they do not have-that ~ituation where Mr. C~ynar lives and, in general, throughout Chapel Hill and Mission Hill and even less in %he northend-of the City, where the nature of the lot devel0pmen~s did not provide that kind of extra space. Maybe in some of them,.~the City~ did go deeper fo~ that reason, City Manager Cheney advised, In any case,' the Percolation for the kind of storm the City is trying to solve is better with the asphalt road, City Manager<Gheney informed Mr. Cwynar, Mr. Cwynar remarked, "Check." Mr. Cwynar believed/City Manager Cheney 'also told him that they could not connect onto the lift station on the corner of 27th Avenue and S. W. 6th Street. Ciqy Manager Cheney advised it was a~.sewer lift station, and they cannot put storm water in the sanitary sewer. On Chapel Hill Boulevard, at every intersection that crosses the divided st~rip there, Mr. Cwynar said there are 'targe catch basins. To the best of his knowledge and from what he could .see on Monday during the~ains'(he spent a lot of time in- that section on Monday, November 2, during those rains'), Mr. Cwynar observed the.water was flowing on'down. He' said there is a lift station at-the corner of, he'believed, Greenwood at S. W. 8th Street that comes into Chapel Hill. Mr. Cwynar believed there ms about a two block section called Greenwood Lane'or something back in the original development of Chapel Hill. Mr.. Cwynar.wanted to know if those 'storm catch basins right there are connected to that lift station and, if they are, why can't they have storm drains in their area connected to a..tift ~station. - 38 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ .FLORIDA NOVEMBER 3, 1982 City Manager Cheney told Mr. Cwynar that if they are connected to a left station, the City~'is supposed to go down and disconnect them. He said the City has an attempt to separate.storm water from sanitary sewers. City Manager Cheney did not think those drains were connected~to any~sanitary sewer lift stations. Mr. Cwynar informed him that the one at the corner of Chapel Hill Boulevard and S. W. 8th or GreenWood Lane (and he might not have that Green- wood Lane correct) is within, he .would say, 15 feet.li~of the ~c%uaI~i.~ lift station itsel~f. City Manager Cheney .asked Bill Flushings, Deputy City Engineer, if those drains were tied into that lift station anywhere. Mr. Flushing replied, "In most cases, just dry-wells." That was what City Manager Cheney thOught. City Manager'Cheney told Mr. Cwynar they will flow into dry wells until they are full. Mr. CWynar said they-were not really what you call full. They were kind of flowing from Chapel Hill by Seacrest down through. City Manager Cheney did not think they Would go anywhere, tf they do not go into that tift~ station; Mr. Cwynar wondered'if they possibly go into the canal back on Canal Drive. ' City Manager Cheney informed him that the lift station' takes sanitary sewage-to the Regional Wastewater Sewer~Treatment Plant. That was .one thing City Manager Cheney hopedPeop!e would not do -~not go o.ut and lift up the sanitary man holes %o let-the drainage go out. Mayor Trauger'aSked Mr~. ~wynar what he wanted the City Council to do. Mr. Cwynar had two more quiCk items he wanted to bring up: #1 was in regard to the notification. Mr. Cwynar'thought a Resolu- tion should be made by the City_ that before they come on, in front of anybodY's property ~or hOuse, regardless of whether it is the right-of-way or City.property, the City should at least notify those people at least two weeks in advance to have a public hear- ing for that. If Mr. Cwynar wants a variance fo~ his property, to do something.- put a fence up in some area or put a little shed up, he has to notify.everybody within[ 400 feet- of him. Mr. Cwynar said he 'has. to do it six weeks in advance, (He was not sure exactly on that and said he would stand to be corrected.) Mr. Cwynar asked why~the~City did'not have to~and s~i~.!~he?pays the taxes and pays~the City salaries. Mayor Trauger said it has been the poiicy of the City Council to notify those people in the swale area. The.letter Mr~ Cwynar had was City Manager 'Cheney's ~mplementation,. o.r throUgh the E~g.ineering Department, of that policy. As City Manager Cheney pomnted out, Mayor'Trauger said the department failed to put out the 'notice to the people in the correct procedured time to do it. He admitted that t~he City has failed the citizens in that area. Mayor Trauger advised it was a mistake .and. shOuld not have happened.. Nevertheless, it has, so Mayor Trauger'said the noti- fication was late, but every other place that the City has done this, the proper notification has been sent. - 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Mayor Trauger added-that the City has had ~Dople~too go around from door tO door. ~-That .was what Councilman Wright was saying-~ In addition to the notification, he' thought the citizens' letters were fine, but it seemed to Councilman Wright that since the City has done something similar in the community, perhaps, they could have a few photographs where they could get an idea of what it might be like. He said perhaps they could use an~e~isting stand from time to time when s~omething like this happens. Councilman Wright~took a look at their community and was sure they may be in agreement that it may help out eventually.,..~bUt just for somebody to come in and ~start tearing into your yard like that, he said everybody knows what it takes to maintain these yards. Councilman Wright could sympathize w~th their concerns, and Said it was unreal. Councilman deLong also said the work is sloppy. They left plenty of dirt in the streets, 'and when it is~dry, he said it blows in the people's houses. Those were .the complaints Councilman deLong got over there. He.said'there was no reason why,~ when the ~ty .- people' are out there w~rking, they cannot' clean up there. City Manager Cheney explained that they left.that particular project as it is because he decided they would not continue with it., Councilman deLong said trhey-eould at least have. taken the dirt from the street and pushed it in where~they had dug out. Council- man Wright agreed'-~it .±.$ really messy. City Manager Cheney remarked that if the City had kept going, the whole thing would have been sodded by now', and there would not be a problem. The point Councilman deLong was trying to make was when the City people were out there~working~ instead of leaving all of th~'dirt i~ the street, to sweep the street and throw 'it in where they ~ok the sod out'~ ~City Manager Cheney said this was done by contract,' and if the City had gone ahead,~ there would not ~have been a problem. Regardtess~ Councilman deLong told City Manager Cheney if somebody is working for the City'by contract, they have to do the job we want, not annoy the people out there with dust storms, and then walk'away and leave the s~uff there. Council- member Woolley pointed out that the Council had to decide what they are going to do from here. In really getting With the .letter of notification, Mr. Cwynar asked when they put the swales on S. W. 6th and S. W. 28th Avenue, on the two properties (one immediately is to the east of-Mayor Trauger and immediately to the west - not in Mayor Trauger's yard, and across the street), Mayor Trauger obviously had notifi- cation.the~City was going to do this because he managed to have the pavement raised. He said he would like to have the pavement raised in f~ont of his house.. City Manager'Cheney .retorted that Mayor Trauger did not 'manage to have the pavement raised. Mr. Cwynar asked why the pavement was raised then and a swale dug in his yard. That was Mr. Cwynar's question. - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 City Manager Cheney wished'to get the record straight. He said '~-~-~ in every other project, the City has put letters out, house to house, several days before the work. In this project, two thi'ngs happened. City Manager Cheney t01d the Council the City made a mistake-in this. What happened was, the. City ~had a preconstruction conference.with ~he contractor, and he started Work, unfortunately, before the City got the notices out. Secondly, and about that same two or three days it would have been done, during that the City had emergency surveying where we had to do it for the golf course, and it had~<~to get done for that contract. Those were the reasons, CitylManager Cheney. explained. They are not excuses, but City Manager Cheney said that. was what happened. City Manager Cheney. informed Mr.' Cwynar that the design for the problem in front~of Mayor Trauger's house,~J.~whieh is really at the intersection of 28th and 6th~ done by the Engineering Department, called for the creation of a retention area-and the raising of that pavement in that area. The Mayor did not manage to get it. That was a part of.the design that came out of the Engineering Department because that helped get the water off of the streets into the swales so that the swales would work, and it worked. City Manager Cheney added that the City stit!~has~ bY the way, one more swale to put in front of Mayor Trauger's house too that the City has not implemented yet, which~is a part of this project, and the City will get there. He told Mr. Cwynar to make a note that the City had not Put. ~he swale in. That was a part of the project that City Manager Cheney said was approved publicly at the Council Meeting three or'four weeks ago. Mr. Cwynar asked if City Manager Cheney considered this a drain- age pro3ect. If so, he asked-if the contractor should have an occupational license to-provide drainage? or if ~City Manager Cheney felt that the license that is presently held only covers land clearing, grading, loader work, and'~b~e~ hoe~service 'with the Palm Beach County Occupational Licensing Board. In the CitY of Boynton Beach, Mr. Cwynar said the City occupational license is for truck service.. City Manager Cheney replied that they talked to the Director of Construction in the Licensing Board of Palm Beach CoUnty and asked him this very question. City Manager Cheney apprecia%ed~ Mr..Cwynar forewarning him of the question. Because it is not the installation of pipes, Mr. Cwynar said it 'that kind of a contractor'S'license. Because it is and-.sOd~D~k~ and i% is no~'.-the installation of a pipe contract for drainage, the-Director of the Licensing Board'said the. City did not need .the kind of license that Mr. Cwynar was askilng for. Mr. CwYnar'eommented, "Correct." Mr. Cwynar asked if- it is not marked on the plans that there is a man hole and %he~ in excavating, hit this man hole, does that become a problem as sewer. If it is a sewer man hole, City Manager Cheney informed him the City would come in and take care of that ourselves because the sewer is City property. Mr. Cwynar said he was in agreement with the swales provided they - 41 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 are installed as,.a new construction eight'inChes from the crown of the road_to the bottom of the swale and are continuous. Mayor Traug~er sympathized With Mr. Cwynar in that point but said when you take a look at the swales that are on down 28th towards his house, the~ have been there now approximately three months. He said they are not nearly as deep'as they were when they~were put in. You could hardly get a lawn mQwer down' and up them, but now they have flattened out by the/Weight and much more gradual and not really as deep. In fact,'the-man on the corner has'a far better lawn today than he ever had, Mayor Trauger commented, .but~he will never have one'as beautiful as Mr. Lansing had on the corner. Mayor Trauger asked~B~ll Flushing, Deputy City Engineer, how long ago it was when he (Mayor Trauger) could not even~.~get home and had to leave his car mn Mr. Flushing's driveway over night and wade home about three blocks. Mr. Flushing said that was a neighbor's yard. Councilman Wright asked if the City had.gent letters of apology to the citizens. Mayor Trauger replied, "No." Renice Lansing, 700 Si W. 27th Avenue, Boynton Beach, said he lives on the corner of S. W~' 6th Street. He had'letters that he had sent to the Council and, 'if they did not have them, he would be happy to pass them on.. He asked that they be distributed. First of all, Mr. Lansing'. said the obvious way to take care of this water, to him,~would be to install storm sewers. However, if the City does not have money to install those storm sewers, then Mrs. Lansing would not do it part way. As already indicated, Mr, Lansing confirmed that they were not notified. He just got through-spending a considerable amount of money on fertilizing the municipal property, as well as his own property, on that corner. Mr. Lansing had been hearing about 'traveling (Mayor Trauger traveled through there at 6:30 in the morning; Councilman"deLong traveled .through in the morning, and Mr. Lansing was no't sure of the time.) Mr. Lansing knew that when he got into his car, 'which was parked in the driveway, he got his feet wet going'to work. The water was up in the driveway. Wakes from cars went all the'way up to the garage. This was after all of these swales, ditches~-or whatever you call them, were constructed, Mr. Lansing told the Council., and as they are now, they have a water guage, a rain guage, and it rained 5-1/2 inches from the time it. started.-~He thought it started''around 5:00 in the.morning until 10:00 or 10:15. Mr. Lansing dumped the water guage and another inch came after that. At one time, Mr. Lansing said they did have water mn their garage. That was when seven inches fell in two hours. He thought that was the time the Mayor had water in his home. Mr. Lansing did not see - 42 - MINUTES - REGULAR~CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 one iota difference in the level of the water last Monday morning than in the previous time,-and they have lived in this home since they bUilt it 13 years ago. Mr. Lansing appreciated the City's sympathy With them. Mr. Lansing looked at-the~water before he'we~t to work that morning, and it was coming down the street from the Mayor's area, and it was coming up from"Ridgewood Estates (he believes it is - S. W. 6th), so it was coming into his area. City Manager Cheney'~had~said that everybody should take care of his own water, and Mr. Lansing told .Mr. Cheney he-heartily agreed with him~it~was the way to go, but Mr. Lansing did not want them to let him take care of every- body else's water. All Mr. Lansing wanted was a fOur inch drop, He. said that would be 8 inches from the top.' Mr. Lansing assumed~they had a four ~eh drop on the road. He said he would take 4 inches from the side down, but Mr. Lansing told the City~not to give him 8 or 10 inches drop down there. ., When the City put in the fire hydrants, Mr. Lansing said they had to come back out there and add grass and dirt to that after the City finished dOing ~it. It was not a job that they wanted. Mr. Lansing said he was proud of his home and has been proud of it. He did not appreciate the City coming along and causing the value of the property to depreciate. Mr. Lansing did not appreciate it. Mr.~ Lansing thanked Councilman Wright for calling today. His wife let him know it was'on the Agenda tonight. Mr. Lansing asked that the City put that back like it was.. He advised swale on it to start ~with if the City had seen it. Mr. Lansing told the City to go. back and look at the pictures and they would see ~hat there,.was a swale there.' He said they took pictures when they put in the fire hydrants. Mr. Lansing ju'st','reque~Sq~ed '_the City to j.:uSt' give 'him f~ur inches be~ow--the~surface-and.~.don?'t~let-.him~.take ~care~of all of the neighbors' dirt and' yards. Mr. Lansing appreciated the Council's consideration. Mr.-Lansing repeated that he just wanted a four inch swale, and that is all. Councilmember Wooi'ley hoped Mr. Lansing knew this was not done maliciously, and She said they really felt the City was dOing a favor to him, as well as to everybody along that whole block. She said it was unfortunate. Mr. Lansing appreciated it but did not appreciate the statement City Manager Cheney made when he said that was the decision in the department that certain people that had deeper swales than others. Mr. Lansing stated that he did not have-to take care of his neighbors' grass or water. City Manager Cheney advised that he had been taking care of his neighbors' grass for some time. Mr. Lansing.retorted that the City had not helped it a bit. Monday morning proved that. - 43- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 ViCe MayOr Warnke felt he spoke for the whole-Council when he said nothing would please-~them more than to have ~that ~uge s~or~-~d~ain- age project in the' City. He reminded Mr~ Lansing that it was turned down by the 'voters several years ago., ahd now the City's hands are pretty well tied by the amount'of money they can spend on these kinds of projects. Mr. Lansing understood that. Vi'ce Mayor Warnke said nothing ~would please the City more than to put in storm drains all over the City. Mr. Lansing knew they could not do that. All he was asking for was that they put some dirt back in there, and let him have a nice lot. Councilmember Woolley wished the City had made ~that mistake on her street'because they 'have a real problem where her house is, and the home next door to. theirs, which they also own.. Unfortunately, Councilmember Woolley said they could put a moat around her house and it still would not do any good, The Engineers were down .at her house, and City Manager Cheney looked at it, and the whole foUndation of Councilmember Woolley's house-~is in a valley. She Said. she had to put a "For Sale" sign up at her houSe and get out or swim out, so she could really sympathize with Mr. Lansing. Councilmember Woolley~ said they could put in swales everywhere, and it really would~ot solve her particular problem~ Mr. Lansing advised it would help if they put swales in the higher areas. Councilmember Woolley said they are very low. She commented that Mr. Lansing doe-s have a beautiful home. Mayor Trauger assured Mr. Lansing that the City Council would restore the grass in his area and that of his neighbors to Mr. LanSing's satisfaction. Mr. Lansing emphasized that he wanted the elevation back. ~May0r Trauger could not guarantee the elevation because he is no~ the c~nt~actor.to .this, but he assured that the grass and sprinklers w©uId~beptaced~back~-.t~. Mr. Lansing's satis- faction. Mr. Lansing stated he would not be'satisfied with that, without' swales. City'Manager Cheney added, "Without 'swales, with- out drainage retention~ areas." Mayor Trauger said they would have to go ahead with the swales in the public right-of=Way. Mr. Lansing asked if. they were telling him they'were not going to put any dirt in. Mayor Trauger-said'he was'telling Mr. Lansing they would cut the swale as PrOPosed on°the ~design. Mr. Lansing advised it has already been cut out. Mayor Trauger told Mr. Lansing the City would grass it in, replace the sprinklers, and trim it Out to Mr. Lansing's satisfacti°n but-they must retain the water on the flow, because that is the'point~ Att~h~ugh~_did~ not. w. ork for that few minutes Monday morning in a very unusual-rain, Mayor Trauger said, as Mr. Lansing well knows, he d~i~es~t~.hrough that area many, many times and it has been a flooding area'as long as he could remember. '~Nevertheless, Mayor Trauger believed that would cut down on the great majority .of it. He advised that nothing will hold that much rain in that feW minutes - not even positive -draining - so Mayor Trauger did not believe' that was what they would call a fair test'. Mr. Lansing said that was not unusual. It was one of these heavy rains, but all of the time he had been - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDk NOVEMBER 3, 1982 talking here, Mr. Lansing said he'had been asking t.he City to con- sider putting that back to four inches. Coun:ci~man:Wright thought this project may be unIikeothers that the City has done in the past. Councilman Wright continued by saying that granted, in North Boynton the City has done some~ and in some areas along Seacrest, but_some of thc homes are. Cot allow the City citizens in arrangement the Wright rode the stuff coming work it out. se Swales are not maintained like these people's ncilman Wright just thought that the Council Should Manager and his appropriate: s'taff to get with the s area, a.nd they should work out some kind' of an t would not upset everybody,. When~Co. uncilm~n~ re 'the 6ther day, he understood to' see all of that t. He thought City Manager Cheney:and staff could If Councilman deLong understood Mr. Lansing right, his complaint was that he does not want a deep swale. Councilman deLong asked why Mr. Lansin~ could not have what he wants. Mayor Trauger said he could and added that there was no problem with this. City Manager Cheney commented that every property-.owner there has what they want. COuncilman Wright would not. s~y that'. Mr.--.Lansing ~id Cit~kMan~ P~titioni-ng an~ talk to everybc lng. Perhaps f they could give He'.said maybe t Lansing and soK e~ Cheney.he .was talking for!~.,hi'mself, and he ~was not orielS.' City Manager Cheney commented that he has to dy, and he just had to be. sure what he is address- or ~he other ones that they did not dig one for, them a minor one too~ CounCilman Wright thought. hat-would help take some of the swale off of Mr. e of the others. Mr. Lansing said he could do like Mr. Cheney wants, with everybody having a 4-H o~ having a small swale. Councilman Wright remarked tha~t he ~was no~ an engineer, MaYor Trauge~ told City Manager Cheney to get the 'Engineer back down there and see what the City could do to please m~st of the people .some of .the time. Councilmember Woolley asked about Missmon Hill and whether the City had not evidenced' a lot of success in that swale area. Mayor Trauger said t~eyh were deep ones,' Councilmember WoOlley recalled that those people cOmplained, and they did nOt like the way it looked. Councilmember Woolley did not like the'way it ~ooked either, as it was a mess the same way. Mr. Lansing said the gr~ss~helps. City Manager Cheney said you go down Mission Hill, down 6th, and as Mayor Trauger tells you, it is beautiful. ~ouncilmember~ ~-. WoOlley referred to Mission Hill, the east side, up towards Seacrest. Councilman Wright moved that City Manager Cheney gets back with the staff and the citizens and like Mayor Trauger said, try to please the majority of the citizens in that area with that project. The motion was seconded by Vice Mayor Warnke. - 45 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, F. LORIDA NOVEMBER 3, 1982 Councilman deLong said. the residents over ~there.~should make the choice. He did not think the Council should settle anything~and said'the citizens live-with it. Mayor Trauger pointed out that it is in the basic budget. Councilmember Woolley reminded him that it will not come 'up again if there is severe flooding etc. She said a lot of money"has been put into this already. Councilman deLong said the only~]time they have probiems is when we-have heavy rains. Councilmember Wool-ley stated that they do not want a deep swale and the~ are not objecting to a swale. Mr. Lansing repeated.that a four inch would be fine, and %heys. were not objecting. A vote was taken on the motion, and the motion carried 5-0. Don Seeley, 902 S. W~ 27th Avenue; Boynton Beach, was told to come down here by Councilman deLong and Councilmember Woolley. Mr. Seeley said he lives~on the corner of S. W. 27th and S. W. 8th Street. -At Mr. Seeley's request, Councilman deLong came out-yesterday and looked at it. If it is not 20 inches from his top to the bottom, Mr. seetey said he.would-eat every bit of it. Not only that, Mr. Seeley said it has been torn up for two weeks. His house has that much dirt from traffic, blowing in after they were able to get'their'air conditioners off for a couple of weeks, because the contractor did n0t clean the street. ~City Manager Chen~y reminded Mr. Seeley that he had dirt from the swale that was left there too. Mr. Seeley agreed but said that the dirt washed it out yesterday, and it washed his sprinkler system out and stuff like that. Mr. Seeley was not'interested in whether the swales are there or they are not because he has lived there 18 years. He said nothing is going to help except sewer~ Yesterday, Mr. Seeley sa~d they had as much water there as they ever had since 18 years. He stood in-his front yard and.watched it. Furthermore, Mr. Seeley Said the corner is the catching spot. There is ~no way you are going to get around it. Mr. Seeley said you have six houses on 27th Avenue .that the water comes ~down that street like a river. He never had water in his yard before, but he had it yesterday, thanks to the City's swale. Mr. Seeley informed ~he Council that the source of water' is west of hims but the City did not touch them. Mr. Cheney said, "No, because we stopped that project." City Manager Cheney explained it was requested tha~ the City restore the area and that they do nothing. He did not want to change.the plans that had been approved to go ahea~ with the contractor with~ut-~disc~ssing~_it with %he Council so.theY stopped the ~o~k, whic~ was un~ortuna~.te that the City had that period of time between~the"time they stopped the ~ork and now. It seemed~ to City Manager Cheney that it was better to stop the work and do nothing until they prepared a - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 presentation to the-Council. Right now Mr. Seetey said they did not know when it was going to be done, so .he-was going to suffer for another month or so until the Council decides something. City Manager Cheney replied, "No. They decided-. Theydeeided we will go out and see -if ~we can't make as many people happy as we can. I am not sure what that 'is going to lead to, but that is what' we will try to do." Mr. Seeley was not sure what it was going to lead to either~ City Manager Cheney explained that it would not have been~ in this condition for this long if he had not decided to stop the project becaUse ben, had complaints. Mr. Seeley advised that engineers are prone 'to make mistakes. They do it in automobiles, and he thought they have done it in swales and stuff like-that. All City Manager Cheney could say was~that the swales ~hro~gh°ut the City had been working. Mr. Seeley disagreed; saying the~ did not work Monday morning. City Manager Cheney informed~him that was because of the amount of the rain. Nevertheless, Mr. Seeley replied that was neither here nor there. The City has it dug up; they have it ruined; the City is going to put it back, but Mr. Seeley asked, "When?- That's what I want to know.' Councilman Wright asked 'if the staff could talk to some of the citizens by the first of next week. Mr. Seeley said that was what should have happened ko begin with. City Manager Cheney replied, "Of course. You told us. to go and work with the, citizens. We are not going to put this off a month to go do itl Of course, we are going to do itl" Councilman wright thought the staff would move as swiftly as possible. Mayor Trauger informed Councilman Wright that the CitY stopped the job. He said Mr. Cwynar wanted the City to stop, so they stopped it. Mr. _Cwynar came forward-and offered his house'for Saturday after- noon or Sunday afternoon. He said he~'would get all of the neighbors together if, the Councilmembers ~nd~'the~City Manager would like to be there and bring the staff. If necessary, Mr. Cwynar said he-would get a keg of beer~ Mayor Trauger said that would not be necessary. Mr'. Seeley wanted to find out when it was going to get done because'he was tired of the dirt caused by the CitY's poor contractors. Even if the City does not-own ~a<~stree%~,swee~er,'~M~. Seeley thought they had people-who can take the dirt off 'the streets. He said there was still dirt that thick on the st~'eets, not caused by the rain but causedby ~he~excavation. Mr. See~eY.continued by say- ing there was a wreck caused by the excavation on that corner. Mayor Trauger asked City M~nager Cheney if they could send the street sweeper down ~here' tomorrow and sweep ~it up. City Manager Cheney replied, "Yes~"' Councilman Wright thought maybe the City staff would probably be 'able to get a meeting by next week or before that time. Mr. Seeley replied if - 47 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 that was the best they could do,~ he guessed it was all right. added that it was something that should be done. He Mayor Trauger wished to state-right here, after they got into this, and apologize to the City Council and the people for getting them into the middle of this~swale~and drainage problem. He said the whole basic cause of this has been a misunderstanding as to what the swales will dO and what is affected by these-residen,ts because, from the Council"s policy, they were. supposed~to be notified, and they haven'.t~ Mayor Trauger did not really blame them for being upset because this is a failure of our~ City department to be rather~sensitive ~to 'the needs of our City and it~has resulted~in the City and this Council being extremely embarrassed by it.' Several weeks ago, Mayor Trauger said the City experienced a similar flop when the~ were inspecting the Day Care Cente~. That inspection went off-'somewhere between a Gang Busters and a Chinese Fire Drill and then, to the great-delight of'the'news media, of all of these old inspections being found and another one, to the g~eat embarrassment of th-e~Gity Council to try to get it fixed up. Mayor Trauger sor~of felt that these actions have'been caused by a~A~a~her- inse~sitiVity.~on ~he pa~t of several~of our city depart- ments and that these citizens of our City have the right. Mayor Trauger said these-~epartments are truly civil servants and not for the total 'embarrassment of the~staff or the City Council. He ~anted to point out %hat these same employees receive good raises in the year in grades and in compensation and rather handsomely, by most standards. Mayor Trauger felt it was time that we get down to the business of performing these and get away from these embarrassments that keep flopping up and down as far as lack of concern goes. Councilman Wright moved that the City send~ them letters officially from the City Manager. He said perhaps Mayor Trauger could do it. He said the letters-should be from the Mayor and Council expressing their apologies.. Mayor Trauger said he would do that and write the letter. COuncilman deLongwished-to stay off of %he'~regular order of business as Mr. Steinmetz' has been.waiting all night on his print- ing business. With the concurrance of' the Council, Mayor Trauger said they would revert back to "C!'. CounCilman Wright wanted some of the citizens tO remain to seethe slide presentation. Mayor Trauger said they could, show it next time. Mayor Trauger asked if there was any objection to entering '"C. Review of Current Pro- cess for selecting bidder for City Printing." There was no response. Review of Current Process for selectinq bidder for City Printinq Bob Steinmetz, 305 S. W. Third Street; Boynton.Beach, President of Futura Printing, 517 East Ocean Avenue, Boynton Beach, Stated that he brought up the topic several weeks ago to the Council of a change in policy on bidding procedures on the City of Boynton - 48 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Beach printing business, which is considerable over a period of a year. Prior to about six months ago, Mr. Steinmetz said the policy had been that anything under a $1,000 pUrchase did not require an outside formal.bidding or a purchase o~der, tt was the general practice that Bill Sullivan, Director of Purchasing, or someone in Purchasing would call and solicit phone bids~ for small items like business cards or standard forms or anything under $1,000. It was Mr. Steinmetz'' understanding that Mr. Sullivan generally tried to divide the 'business Up among ~he variouslprinters in %he City. Mr. Steinmetz informed %he Council that the~e are five active printers An town (four besides himself). About six months ago, the policy was changed to where ~nearly all City printing has ~een put oUt on formal bids, which has resulted in business ~ardS~'and l~ttle insignificant jobs being put out to bid several weeks in advance. Mrs Steinmetz-has noticed that the bidding pattern has even included firms as far north as North Carolina and as far south as Miami and Fort 'Lauderdale. Mr. Steinmetz felt that the local printers and local businessmen, who are licensed by the City, who live-.mn ~he City and belohg to the Chamber of commerce and supp°r.t the.City~ should receive the City's support in return bY getting first cho~'ce of the printing business in small jobs that ~r~ pu't ~ut. Mr. steinmetz juSt'wondered if they could not return %o the former system of just informal tele- phone bids on small printing orders. If memory served him correctly; Councilman deLong thought it was back in the ear!y.70"s that the City did have an Ordinance on the books on account of the cost of things going up. 'He thought that an Ordinance was adopted at that time '~'hat over a certain amount, you had'to gO out for public bidding, councilman deLong noted Mr. Steinme~Z iSaidthe policy has been c~anged.' CoUncilman deLong did not think it was the policy. He thought it was ths Ordinance that the City was guided by. Councilman Wright asked if it was $1,0~0. City.~'Ma answered that over $1,000 has to go ~o[formai biddi what Councilman-deLong meant. He askerS., ~"ISn't~tha City Manager Cheney replied, "Yes sir." He explain $1~000 is either Ordinance or Charter. which, but it is in the book. Traditi, $1,000, Bill Sullivan, Director of Pur~ or two items telephone bids or informal Cheney said the 'city tries always to g~ said the City still takes informal quo' bidding for printing. What they tried to do, City Manager Ch~ there are a lot of small printing jobs and put them~out at' one time. Everybo~ and everybody can~.look~i[at-~them the.sam~ t they had an ager~Che~ey ng. That was t an Ordinance?" ed.that the City Manage~ Cheney forgot )naliy, ~on t'h~n'gs under ~hasing, has' ~aken on one I bids. City/Manager ,t several q~Otations. He · zations as opposed' to formal ~ney explained, because is to batch them together gets the same Package, City Manager Cheney felt the informality on bidding was getting too informal. To protect the City from embarrassment or other kinds of things, City Manager Cheney suggested and indicated - 49 - MINUTES - REGULkR CITY COUNCIL MEETING BOYNTON BEACH, FL©RIDA NOVEMBER 3, 1982 to Bill Sullivan, Director of Purchasing, that they should not just have each individual department going to a printer without goinq through Mr. Sullivan. City Manager Cheney pointed out that leads to problems all of the time~ He suggested'.that all bidding had to come through Bill Sullivan, ~irector 'of Purchasing, 'and all print- ing. Having'done that, in order to handle it efficiently, City Manager-Cheney said they decided to batch them together because it is more efficient for the bidder. City Manager Cheney admitted that the City has solicited prices from people outside~of the City, but they have'always solicited prices on thinqs fro~ people outside of the City although probably more printing on the small items was going into ~he City because the departments developed a printer to go to for'~their WOrk. City Manager ~Cheney-Said it.'was a policy question. He informed Mr. Steinmetz that it is still as~info~mal as it can be. It is not advertised biddin-g, which they do over $1,000, City Manager Cheney said they send it out in mail, or Mr. Sullivan takes it out to several printers,.or he sends it, and he says, "Give us your prices back." City Manager Cheney said they give the prices back and the City then gives it to the low bidder. City Manager 'Cheney told Mr l Steinmetz he gave him a report with some analysis, of what this has been ~and how many times it has been local. City Manager Cheney asked'Mr, Steinmetz to remember there is a lot of printing at City Hall. There is some printing that the City cannot do t~Calty. It has to be done.' by somebody else. ~.- City Manager Cheney referred to payroll checks and some other kinds $ '~ of ".tuff, but said that was not what Mr. Steinmetz was talking about. City Manager ~heney pointed out that there are two ~i~ different kinds of things, and anything the City does, they have to do separately. City Manager Cheney suggested in his memo to the City Council how the City has beene'making a quote; why they made the change, and said there was a policy question as to. whether the Council wants them to limit it to just firms in the City (just local firms), or what have you, whether the Council wanted to address the situation of not even taking prices from outside of the City, or wh'ether, if they take prices from both, they have some kind of percentage difference as to whether they go into the City or outside. City'Manager Cheney~had no objection to local printers~'but he did have, without outherwise being told, a feeling that they should go for all the taxpayers in the City to the low bidder, and ....' "there's the rub~" If the local printer is the~low bidder, obviously he can get. it, and he does, City Manager Cheney told the Council. He added that there is no q~estion about it. He asked the Council what they wanted to do and said it was a tough question. - 50 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Councilman deLong asked if they could not hav~ a rotation system for that under $t,'000 to make sure all of the-local printers would get a shot at it. ' City Manager ~heney advised that ~hey all get a shot at it. Councilman deL'ong was talking ~bout without the bidding~ and he.meant a'~ota~ion system for 'that under $1,000. City Manager Cheney pointed out that a rotati(~n system does not gmve you any control 'of the prices. Vice Mayor Warnke asked City Manager Cheney iJ there were any other items under $1,000 that the City bUys ti ~t can be supplied by many different companies. City Manager Ch~ney took hardware items, for an example. Vice Mayor Warnke askc~d, "Say you want to buy 50 hammers." CitY Manager Cheney said thcs. City used to let the.departments~.go-kind of wherever they wantc~d t0 on those small things. He stated that the City is now in thc business where they have taken bids from hardware stores in the area and have asked hardware stores to give them a price on a selected type of things that they are probably going to buy. ~ity Manager cheney said the City does not guarantee how many of ~ose things they are going to buy but askedwhat they would char( hammers, shovels, rakes, screw drivers, nails City got quotations for those and they also s~ us a discount?". City Manager Cheney continue~ stores and chain.stores give discounts. City said the City got ~that,. looked at it, and anal concluded that Ace Hardware out on Congress A~ overall set of prices, so for a six month per~ telling their departments'to go to Ace Hardwa~ stuff. City Manager Cheney said they have an at Ace Hardware. After six months or so, thel process again, city Manager Cheney said you c and'shovels and things because a hammer is a things Ace~does not carry, so they have. to go~ CitY Manager Cheney said you can do that when purchase order and let people go to the hardw~ certain people can~buy~who have a signature ar whole program that they_are mn. City Manager they could do that in printing. The point Councilman deLong was trying to mak~ was the City has an Ordinance on the book, and they do not have t¢-go out for a bid foranything under $1,000. He was talking abo~.t the problem - under $1,000. Councilman deLong said he would, think that maybe the local printers could get together fo-r anything under $1,000 and have~a unit price on the different jobs t~at they would perform for the City. Councilman deLong thouc'ht then it would be a good idea, as long as the prices are-uniforms, that the City could rotate on that but he thought that what they were more concerned with is that over $1,000. City Manager Cheney disagreed~ as he thought they were concerned with under $1',000. Ie~the City for and things. The ~y, "Will you give ~. Most hardware Manager Cheney .yzed it and ,enue had the lowest .od~they have ~been · e and buy their open purchase out City will do that ian do that ~<~ham~ers iammer, but some some place else. you have an open .re store, but only .d can sign. It's the Cheney did not think Mr. Steinmetz was not quibbling over, "It's got to be $1,000." - 51 - MINUTES~- REGULAR CITY COUNCIL MEETING BO,YNTON BEACH, FLORIDA NOVEMBER 3, 1982 He was talking about anything under $1,000. Mr. Steinmetz felt that the little bit of money the City might save by going out of town to Pompano, .North-Carolina, 'or whatever could just as well be saved by just as well placing the orde~ locally and keeping the business in town. Since the problem has arose, Councilman Wright thought City '- Manager Cheney could'assign one of the speclial people he has working under him 'to maybe.'do a little researckor a survey per- haps and go beyond the printing business and see whether the City coul'd put it in the same type plan. City Manager Cheney advised that Bill Sullivan, Director of Purchasing, could tell him that. He asked Councilman ~Wright what type of pl-an he was talking about. Councilman Wright replied something'like they could confine it just to local citizens' businesses. Ci~y.~Manage~ Cheney asked if that was what the Council wanted to do. Councilman Wright answered that he Would like to do .something like that for the smaller products that are less than $11000. Councilman deLong raised the question, from a legal standpoint, !!~here'~would you be?" City Attorney Vance answered that there was no.requirement wher.e~they advertise bids. He said there is a basic duty to-obtain the-best prices in the City. If the City restricts it, Councilman deLong asked what would be the consequences if the City says they are not going to let any bids be accepted for anybody outside of the City. Councilman deLong asked if they would not be in a bind on that. City Attorney Vance replied, "Yes sir. You would." That was what Vice Mayor Warnke was worrying about. Councilman Wright asked, "What a~out the deals 'less than $1,0007 They don't have to go out to bid at all." Councilman deLong said that was all right. Councilman Wright thought maybe the City would have to try that for the time being. That would.be Councilman deLong's suggestion or sol~uti0n because the City had to take into consideration they not only have their occupational licenses here, mmny live in'the City and they pay taxes also. City Manager Cheney asked if they were saying anything under $1,000 we will buy in the City if we possibly.can regardless of the price. Councilman deLong replied, "No. I would say let them get together and see if they can'~t come up with a unit price for all different types of jobbing." Mr. Steinmetz informed the Council that there is a book that is generally used in the printing industry called "The Franklin Catalog." He said it takes an average price across the United States and: was put together by an outfit that only does the printing industry. Mr. Steinmetz thought nearly every printer~in the City had the catalog and pretty much goes by that. He said the City could be provided with a copy of that. City Manager Cheney~s only problem was there were two things: (1) If they all went by it, the City would not have such a spread of bid prices; and (2) if the City adopts that policy, everybody - 52 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 will go by it, where'if the City leaves it open some people might bid lowez. Mr. Steinmetz agreed. He added that not only that, some people interpret %hat a?tit%le.~differently just like they did the bible. City Manager Cheney also pointed out that some printers can do some things .more efficiently than others. Councilman deLong asked if there was a possibility that City Manager Cheney could work on this particular memo himself and come up With something that would be more agreeable. What City Manager Cheney.wanted from~the Council was what was their general direction. He asked if .they desired, if possible, to give the printinq work to printers in the City who have some reasonable controls or restri.ctions on itl Councilman deLong said the idea was fo~ City Manager Cheney to come back With a recommendation, based upon the legality as supplied by the City Attorney. City Manager Cheney advised that his recommendation was in his memorandum (dated November 3). Now he was trying to find out from the Council if they wanted to go in a different direction than what is in the memorandum. If they were going to try to accommodate our local businessmen, Councilman deLong said they would certainly have to go in a different direction than what City Manager Cheney had before them. What Councilman deLong was saying now was that the Council turned this back to City Manager Cheney to come back with something along the ideas of what they are talking about. City Manager Cheney was trying to find out if the Council wanted to try to do something in that line. Councilman Wright stated he would be supportive of something like that, if they could work it out and get the sanction of the City Attorney. Council= man Wright said the C±ty was talking about enhancing the down- town and small businesses. He thought the City should see if they could support them if at all possible and not put more of them out of business. City. Manager Cheney asked if they were limiting it to businesses within the City. Councilm~n~.deLong said they were trying to help them. Councilman Wright answered, ~!.!As~much as possible, if you have repUtable businesses within the City." He said the City can keep it down, but maybe they will have to give a little bit too. Councilman deLong said it was something for the City to negotiate. He said, "Let them work it out." Mayor Trauger asked ~if ink, the printing business, outside of the marqin of profit, the technology was pretty much the same and if the unit cost and paper were about the same regardless. Mr. Steinmetz replied there are two types of printers. There are what you call "quicky" printers or-there are quality, metal frame printers who use a metal plate and a negative, which makes for a large variation of procedure. In similar areas, Mayor Trauger thought it was about the same. Mr. Steinmetz agreed. Councilman deLong said it was all according to the product, the type you buy. Mayor Trauger meant a~calling card is a calling card in Boynton Beach or West Palm Beach - the same process, the same paper stock. Mr. Steinmetz agreed. Mayor Trauger thought the price should be somewha~ uniform comparitively except for the margin of profit. - 53 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Mr. Steinmetz ~agreed. Councilman deLong asked what the general type of printing is that theCityuSes. Mayor Trauger told him to look at the list, and City ManaQer Cheney said he should look at the comparison. Councilmember. Woolley remarked that it was a lot, and there were different prices too. Mayor-Trauger noted there was a wide variation of prices. Councilman deLong pointed' out that they are not living.'by the.book then. Mayor Trauger said actually, on.~the'~.one si~e~. ~he ~ouncil was~caught ~th th~C~ity, andl,on--%he~other side,with the the taxpayer.s'to PaY the lowest possible price. Mr. Steinmetz remarked he was one of those tax- payers. City Manager Cheney said they had an indication from one of the -przson printing wor~kshops in the State. Looking at the lowest price all the time, the City sent them a copy of ~hat they would like to have printed...They have been the tow bidder on several items. All of them were Police Department work. City Manager Cheney thought that Was'cute. Robert Foot, 2400 Si 'W. 1st Street;jBoynton Beach, President of the Chamber of Commerce, expressed that they. were concerned about the issue tonight not just for printers but for other sources of products and services that are needed by the City. He said the City needs competitors on this. Mr. Foot said the ~City was not just looking for the lowest price, they are looking for shortest delivery time, including the'.t~me that is required ~in placing an order. They are looking for qua!ity and,retiab±~ity~ ~.M~Qt s~id.they~were~ 1Ooking~fOr. an'enhancement of their tax base here in the City of Boynton Beach, not only on the properties that will be used for businesses-themselves hut ailso for the employees of our businesses who will provide, residential buying dollars. Mr. Foot said the Chamber of commerce has to look at this as a representative of taxpayers who want to have the greatest values for the taxpayers, the greatest services, and the least tax expense. He Said ~hey hope the City will, indeed, work with efficiency in placing~smaller orders, without abuse, and yet respecting'the costs that Can come from tryin~ to absolutely control the purchasing'process. Mr. Foot said~the Chamber has confidence in the City management. The control of the personnel and the purchasing function has been handled well. Mr. Foot said the Chamber hopes, indeed, that this City will not become a beaureacy which counts every paper clip. He asked that the Council consider the efficiency of government as Well as what they feel is a need to find the apparent low bid. Mr. Foot stated that the Chamber of Commerce did not want barriers between Cities but free trade. They want our printers here to feel welcome in other communities and want their printers to feel welcome here. Mr. Foot said we are in a free society, and he hoped we could respect the use of competition. He hated to see the idea of printers getting together or other sources of - 54 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA NOVEMBER 3, 1982 services or supplies getting together and_.agreeing on a rotation. He did not think that was the answer. Mr. Foot thoUght our businessmen did not want to see conspiracy-or unfair trade practices. He said they should reckon with the big issues along with the needed issue at hand and have some confidence in our administrative staff. As a representative Of-the Chamber of Commerce; City Manager Cheney asked Mr. FoQt if he was asking that the City address the business locat'ed within the City of Boynton Beach or the businesses that'belong to the Chamber, which is the Greater Boynton Beach Chamber of commerce. On small items where reliability, performance, and~q~ality of service, Mr. Foot thought the-City's management and staff should be able to place orders directly with 'businesses, whe%her they are within the City's confines or outside of the-City's confines. City Manager Cheney asked if he was suggesting they should look at things other than just price. .They should look at the kind of service the City~gets~~ if the City needs a program for a performance that is going to come. two~'Wceks from tomorrow, and they have gone to a low bidder in North Carolina'and there is a snow stOrm that' interferes with thei~r ~delivery of that item in time for that -perfQrmance~' Mr. Foot.replied. City Manager cheney commented that obviously the City uses that kind of judgment. City Manager Cheney just wanted to clarify that because when they make that judgment and!the low bidder, local or not, does not agree, he is going to come in and say, "You are wrong, because I am the low bidder."' City MaNager Cheney asked what happens if we do thi~ and the Delray Beach Chamber of Commerce supports the samepo!icy down~there, so our printers cannot print in Delray Beach. Mr. Foot supported that idea. CounCilman deLong remarked it was better to be'a leader than a follower. City Manager Cheney could see our printers getting, cut out from other cities. He did not know how much printing they do'up,there. Councitmember Woolley thought they did quite a bit. vice Mayor Warnke thOught possibly the City could go back to the old system for six months. He-~asked if they Could do that' and see how it_works out moneywise. City Manager Cheney did not want to go back to the old system. He said there' were tOo much potential friendships involved. ~Councilman deLong moved that the City Council instruct the City Manager to see what he ¢Outd do with ~he Director of Purchasing (Bill Sullivan) and the local printers to see if this problem could be resolved with a portion of the bidding going within our City.. Vice Mayor Warnke seconded the motion... A vote was taken on the motion, and the motion carried 5-0. Councilman deLong moved to revert back to the regular order of business, seconded by Vice Mayor Warnke. Motion carried 5-0. - 55 - MINUTES - REGULAR CITY couNcIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Report on Cost to Remove and Replant Trees .mn City Kiqhts-of-Ways City Manager Cheney. was not here at the last meeting but if he understands the discussion, he thought maybe they thought that there were a number of trees they were talking about that possibly they could use somewhere else Go the City's benefit. He said the City does try to grab ahold of every tree they can that is going to be destroyed-that the City can move on.one of our pieces of land. City Manager Cheney had the feeling from'Kevin Haltahan and John Wildner that most of these trees are~melaleuca.kind of stuff the City does not want, so.he thought that i'ssue was out. City Manager Cheney said the issue of whether the City. wants them is especially out. If the City found one.they wanted, obviously the City would go take it, and City Manager Cheney said that is how they get most of them. He gave %he water plant as an example. With these ,kinds of costs and these kinds of things, City Manager Chen~y thought the question was does the City provide that service w~th~its~oWn,-forces~or'a contractor or does ~the Cit[y.,tell the property Owner ~that. he has to do it himself-. Councilman deLong said he would think that 'the people are paying their City taxes, and it is in the City's rights-of-ways, so they should not have the obligation or responsibility. Councilmember Woolley asked, "$48,0007' Councilman deLong 'said he has been around when they write these kinds.~of.-reports. Mayor Trauger asked Council- man deLong i'f he wanted the City to pay for all. of the trees coming out of the rights-of-ways. Councilman deLong answered, "If~they are in the City's rights-of-ways." City Manager Cheney asked, '.'What if they are half and half?" City Manager Cheney gathered that one of the problems in Laurel Hills, historically, is that these, melaleaucas were probably plan~ed at one time on private property.rat property corners, and they-have ~grown. The City did'not plant them,'and they have grown. Councilman deL0ng knew in the old days they did not have the inspectors that. went around, and people planted where they so desired, not even knowing that they were on private property. City Manager thought most of it was on private property. Councilman deLong did not buy those figures. He said if you want to build it up, you can arrive at any figures.you want. Council- man~deLong stated he would like to check the vouchers and find out any year they ever spent $48,000. He said he would like a better count than that. Mayor Trauger knew from the price of. having trees removed and he has paid private contractors, these look pretty'cheap. Council- member Woolley agreed. Councilman deLong remarked, "Then let's latch on to them." Councilman deLong did not think they should sandbag the tax paye~s. Mayor Trauger said they were not sand- bagging the tax payers. He said they were going by policy and if ~he tree is there-, in the right-of-way ~and has to be removed, - 56 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Mayor Trauger believed it was the property owners responsibility. Otherwise, he asked where do you stop. Councilman deLong said they were grandfathered in, as they were in before the City ever adopted the Sidewalk Ordinance. Mayor Trauger passed the gavel to Vice Mayor Warnke and moved that where any tree is in the public right-of-way that has to be removed and is a tr.ee that cannot~ be used bT the city shoUld be paid for removal b~ the property owner. Councilman deLong asked if he was definitely'~saying that those ~hat can be removed will be removed b~ auger answered,- "As tong as it can be removed and'~ ~City is'what I am saying will be removed at City~.expense, if..is a.~.~good~.~ree..~' He said the old melaleuca and ficus trees should be borne by the property owner, Vice Mayor Warnke secon'ded Mayor~Trauger's m°tion. Councilman Wright.~asked if it was possible they could adjust the fee schedule. He thought maybe they could reduce the charge for something like that. Councilmember Wootley advised that the City does-not charge now. -The property owner pays for it. Council- member Woolley explained that they find their' own person. Mayor Trauger repeated'the_motion,, saying the type of tree that can be used' and that the City wants will be determined by the City Forester.and Will be removed and~saved at the City's expense. Council-man~deLong asked who was going to make the judg- ment when the City ~Forester leaves, as he is going to leave the City within the next couple of months. Councilmember Woolley did not think, there was going to be too many tree.s that the City would want to keep, Mayor Trauger did not think so either but said.the Building'Department was qualified. Vice Mayor Warnke added the Parks Department.- Mayor Trauge~ said the Parks Depart- ment has knowledge of it. A vote was taken on ~he motion, and the motion carried 4-1 with Councilman deLong voting against the motion. Review of plans for BOat Ramp Park Improvements City Manager Cheney said the plans for the bOat ramp park were available and he thought the CoUncil had looked at them. He said the real question was, is this' the scheme they"like. City Manager Cheney said if this was the scheme they~ liked or they wanted to make any changes, he would have now John Miller go ahead and do a final as some Of it was still kind .of rough. Then, City Manager ~Cheney said, they would have a project they could use. Charles Frederick, Director of Parks and Recreation, showed the plan and explained~it to the audience'.and Council. He indicated the picnic area, improvement of the. boat ramps, new rest rooms, - 57 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 and a new boardwalk system. Basically,. M~..~. Frederick said~it was a little reconstruction to give.us a more functional design.'which would give us more use. The key things Mr..Frederick Said we were most interested~in no~rwe~e~'the rest~rooms, improvement of the 'boat ramp, and-the arterial change so they.-could begin to formulate this new. parK area. The one thing mentioned informally which Mr. Frederick ~aid the~ Would Probably want direction on was ~he concept ~'final schematic to include this portion of the property that runs up' to 'Federal Highway and.see what the deSigne~.C~n dQ with that P~rti°n of the ~property and if we could have somewhere to park~. -'Other than that, Mr. Frederick said they would probablY, make some. additional minor staff adjustments .t.o ~ittle thi, ngs that ~they. see, ~b~t3the b~a~ic ~unctions mn the park were as the Council/co~ld'~see them and they did not really wan~ to change them. The only objeetion"Viee Mayor Warnke could see offhand was if there is a full-time person on duty ~there~to take care of'the shuffleboard courts' and .the h®rse, shoes or would the public bring ~heir own equipment. That was one section he was questioning. The other section was. having a fish cleaning station, but he ~h0ught that-~migh~-gi~e the City more problems than it would be wOrth. Mr. Frederick advised there ms -a ci-eaning station. What they call their bait store is basically on-a schematic plan and onoe they get dOwn'to'the "nitty gritty", they would come back and say, "Do we-reaI.ly wan~ t° take a much harder look at that?" He said they would Come back to the Council with phases, and they could approve those step by step. City Manager Cheney advised they would have'the architect address the area opposite the Federal Highway and sea-if they could make a finding that tha~ i~ an important part of the park. He said that would be in the final.plan with these~Qther changes. After that final pt'a~, wh~g~i'~h~COuncil~will see, they will go into d~signing the rest'rOoms. City Manager Che~ey said they do plan', as soon as they can, to applz for Federal and State funding for this project. They.~will do the ~rest rooms quickly without that but will apply for funding particularly for the boat ramp and the-pedestrian, walkway, which is the most expensive thing. That City Manager CheneY~ said they~ will have to,have'someone design. Vice Mayor.Warnke thought the first priority should be the rest rooms. CitY Manager Cheney commented, "ClOsing off the road by the water, putting in!the rest rooms, and gettfng some sod down so we have green down by %he water." He answered Councilman Wright's question that a lot' of Senior citizens frequent the area. .Ci%y~.Manage~ Cheney took it that the Council was concurring that was the direction in which they were going.- Councilma.n~[.-W~right liked the fish cl~eaning place. Councilmember WO011ey moved to approve the concept of development for the Boat Ramp Park; seconded by Councilman deLong. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOyNTON BEACH, FLORIDA NOVEMBER 3, 1982 Councilman Wright asked if'any of the citizens that Mr. Frederick had met with about the boat ramp~park had taken a look at this plan to see what they thought-abo~t it. City Manager Cheney said many of them ~are in here. He said the~.City gave'their responses to John Miller and said their suggestions should go in. Councilman Wright thQughtr'it~might be good to let those peopl~e see what the Council was voting on. Consideration of Appointments to. Tri-Cit¥ Cultural Committee Councilman deLong moved .to postpone the appointments~until the next Council m~eti~ng ('November 16, 1982), seconded by Council- member WoQlley. No discussion. Motion carried 5-0. Report on Florida League'of cities Convention -'Requested by Councilman Samuel Lamar Wriqht Councilman deLong moved to postpone the report .and put it at the beginning of the Agenda at_the neMt meeting (November 16, 1982). The motion was seconded by Councllmember Woolley. Motion carried 5-0. NEW BUSINESS None. ADMINISTRATIVE Consider Report Conc~rni'nq Pubi~catlon of-C'it¥.Annual Report COuncilman' Wright was concer~ed'~abou% the mechanism for distri- bution but was sure"~hey,~could work it out. He moved to postpone this item until't.he next.meeting '{No'vember .1,6). The motion was seconded by Co.uncllmember .Woolley and carried 5-0. CQmparison of DeVelopment Fees City Manager Cheney said 'the of complicated. "stuff". '-He sa] but his point was that they ~ brought it up~because Mr. ~We~ complained about how expensi" the COuncil.said for City Ma] development fees. Councilman deLong moved at t] City ~anager~ Cheney said he going to have.to chan¢ they would come back il had a report and a package were~not making any Changes of in the middle. He ~ame before the Council and was to build in the City, and Cheney to take a look at me not to make any changes. not, but at some time they were service-charge for the utilities but Councilmember Wooltey seconded - 59 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 3, 1982 Councilman deLong's motion,' and the motion carried 5-0. Approval of Three Bi!ls C~.ty-~Manager Cheney read the following additional, bills ~.for approval: 1. The~Garden StOre Completed drainage work $ 6,501.00 South Central Waste Water Treatment and Disposal Board Interim Mechanical Screening for Waste Water Plant Total $52,700. 50~.due frOm City of Boynton 26, 350.00 South Central Waste Water Treatment and Disposal Board Services in the treatment and disposal of waste water for the month of October 55, 388.00 Councilman deLong moved that the bills being found in order and certified as such be paid, seconded by Vice Mayor Warnke. The motion carried 5-0. ADJOURNMENT The-'meeting was properly adjourned at 10:50 P. M. CITY OF BOYNTON BEACH v · Vice Mayor ~~ ~/~/~~_~ v ~o/~~mbe~ AGENDA November 3, 1982 4-page addendum to 11/3/82 City Council minutes ADMINISTRATION Approval of Bills: Allied Universal Corp. Chlorine for Water Treatment Plant Pay from 1981/82 Budget---401-332-533-30-65 $ 1,909.71 Associated Ferris Printers Expenses reflect offset printing of preliminary and final official~statements for Golf Course Revenue Bonds. Pay from B.B. Recreational Facility---415-000-169-41-00 e Barker Uniforms Inc. 435 pair Green Trousers (Uniforms for Purchasing) Pay from 1981/82 Budget---001-195-519-30-97 $1314.25 Pay from 1981/82 Budget---401-395-539-30-97 3499.00 4813.25 4,813.25 e Board of County Commissieners Use of County Landfill for month of September, 1982 Pay from 1981/82 Budget---001-341-534-40-9A 17,207.00 Se Se Board .of County Commissioners 2,264.12 Labor and material to repair and service traffic ~ . ~t ,r devices during month of September, 1982. 2/ ~ ~_L ~ ~ ~/ Pay from 1981/82 Budget---001-411-S.41-30-43~--~~~ ~ /3 % ~ D~vis Water & Waste Industries 9,932.00 Odophos Liquid No. 1 for Sewage P~mping Pay from 1981/82 Budget---401-352-535-30-65 ~oDom,%cs Research Associates Consulting Services in Connection with Bond Validation Hearing regarding Golf Course Pay from B.B. Recreational Facility---415-000-169-41-00 1,134.74 Firestone Stores 40 various size tires Pay from General Fund---001-193-519-30-22 6,744.78 -2- 10. 11. 12. 13. 14. 15. 16. 17. The Garden Store 1st Paymen~ P.O. 55196 Swale Sodding for Group II Areas per Specifications and Modifications Pay from General Fund---001-411-541-60-3P Per bid 9/20/82, Council approved 10/6/82 Holm Construction Final Payment For Concrete Garden Wall for Boynton Bch. Mem~rial Park Pay from 1981/82 Budget---631-999-539-60-32 Per bid 7/20/82, Council approved 8/3/82 Holmae~Internation~l Corp. Oil and Lube for Equipment Maintenance Pay from 1981/82 Budget---001-193-519-30-21 IB~ Corporation System 34 Rental for October, 1982 Pay from General F.~nd---Various Departments Koblar. Con~tructors a~d Engineers Est. %9 I MG Water Tank & Booster Station for period9/24/82 to 10/25/82 ~ ~?~ ~ ~ ~ Pay from Utility General Fund---403-000-169-01-00 R.H.J. Contracting, Inc. For Congress Avenue EXtension Project Pay from 1981/82 Budget---403-000-169-01-00 S.I. Li'~:i.me Company Lime for Water Treatment Plant Pay from 1981/82 Budget---401-332-533-30-65 ~.alm Beach County School .BoaA~. Annual renewal of Community School Agreement for the continuation of Community School Program Pay from General Fund---001-721-572-40-99 Southeast Underground Const. Final Payment Water Main - Miner Rd. to Congress Pay from N.W. Developers Escrowed Acct. at Florida Coast Bank(formerlyFirst Bank & Trust) For Retainage Fee $ 6,501.00 6,156.00 1,795.70 6,856.00 111,596.16 2,732.00 11,730.03 4,000.00 17,878.68 COUNCIL A?PROVF- -3- 18. 19. 20. 21. 22. 23. Lassiter Construction Company Requisition ~5 For 30 Acre Park - Tennis Center Pay from Rsv. Parks & Recreation~ _~ 641-000-247-23-00--- 5,551.36 641-000-247-24-00---25,087.11 641-000-247-25-00---30~851.15 61,489.62 $ 61,489.62 South Central Regional Wastewater Treatment Board Project No. 716-'811-06-1 -- Population Projections Study Russell and Axon Engir~eers ---L$3,054.48 5~ due from City of B.B. -- $1,527.2~. 91,271.83 Invoice 95 Project No. 716-811-02-6 -- Interim Sludge Stabilization and Conditioning Facilities thru 9/24/82. Total Invoice -- $3,990.98 50 % due from City of B.B. -- $1~995.49 ReguiSitiOn~No~ 5 -- Construction of Sludge Conditioning and Stabilization Facility Russell and Axon Engineers Project No. 716-811-02 -- This request from Lanzo Constr. Total Invoice -- $175,498.20 5~ due from City of B.B. -- $87~749.10 Pay from Utility General Fund--- 403-000-169-11-00 State of Florida--Division of Forestry Urban Forestry Assessment for Fiscal Year 1982/83 PeriOd of 9/1/82 to 2/28/83 Pay from General Fund --- 001-722-572-40-68 1,500.00 Unijax Inc. 55 Gallons of Metalist for Bldg. Maintenance Pay from 1981/82 Budget --- 001-192-519-30-92 1,005.24 United States Banknote Corporation Closing Expenses Regarding $4,000,000 City of B.B. Recreational Facilities Revenue Bonds, Series 1982 Pay from B.B. Recreational Facility --- 415-000-169-41-00 3,891.65 Willie Ruth McGrady Server for Senior Citizens Club I wk. Pay from Federal Revenue Sharing --- 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 67.20 COUNCIL APPROVgD: -4- 24. Isiah Andrews Driver for Senior Citizens Club 1 wk Pay from Federal Revenue Sharing---32t Ordinance %73-15, passed 5/15/73 The bills described have been approve( department heads involved; checked an by the Finance Department. Grady I therefore recommend payment of these -641-564-40-5A $ 70.20 and verified by the d approved for payment n, Finance Director bills. Peter L. Cheney, City Manager o/oo tvleefinF=: