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Minutes 01-05-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 5, 1982 PRESENT Edward F. Harmening, Mayor Walter "Marry" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel La, ar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Harmen±ng called the meeting to order at 7:30 P. M. He said the invocation would be given by ReV, Charles E. Brannon, Pastor, First Baptist Church, followed by th~ Pledge Of Allegiance to the Flag, to be led by City Manager Peter L. Cheney. AGENDA ~PPROVAL: Under "VIII. OLD BUSINESS", Vice Mayor Trauger requested the addition of "B. Sol~citation of Funds." City Manager Cheney added "5. Proposed Resolution No. 82- Re: CommuNity Development Urban County Funds" under "C, RESOLUTIONS." City Manager Cheney explained that it was approved once before, but the City has been requested to do it by a Resolution. Under "X. ADMINISTRATIVE," City Manager Cheney added "H. Refund for Cemetery Lot." Councilman deLong moved the adoption of the Agenda w±th the additions, seconded by Councilmember Woolley. The motion carried 5-0. ANNOUNCEMENTS Proclamation - Independent Higher Education Month - January, 1982 - Requested by Vic~e Mayor Walter M. Trauger Since Vice Mayor Trauger requested the above Proclamation, Mayor Harmening asked him to read the Proclamation. MINUTES Regular City Council ~Meeting Minute's of December 15, 198] Councilman Wright said the 7th line on page 9 of the above Minutes should be changed to read as follows: "Councilman Wright said that was not necessarily so." Councilman deLong moved, seconded by Vice Mayor Trauger, to adopt the Minutes as corrected. Motion carried 5-0. PUBLIC AUDIENCE Mayor Harmening announced that if anyone in the audience would like to address the Council on any item not on the Agenda, they may do so MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5~ 1982 at this time. He added that if anyone would like to speak on any item on the Agenda, to please give their names to the City Clerk and they will be called upon when that item becomes the regular order of business. Gene Moore, Esq., 639 East Ocean'Avenue, Attorney for Burger King Corporation, came before the Council and advised that on October 20th, the Council approwed the site plan for Burger King Corporation in the vicinity of New Boy,ton ~Road West and Congress Avenue. Their application for a building permit was processed pursuant to that approval through the necessary bodies. ~tto~ney~oorefurther advised that an issue has come up with regard to the intent of Council in connection with the stipulation that was discussed at the meeting with regard to the proximity of the City's sewer lift station next to the proposed site. Attorney Moore stated that in the process of the Papers that were submitted to his clients, before they would be given approval of the building permit, a hold harmless agreement should be given, which required that Burge~ King Corpora%ion would be responsible for any probt~ems arising out of the operation of that particular facility over and above the odor situation, which was specifically mentioned in the minutes. Burger King Corporation has written a letter to the City stating that they recognize the proximity of the pl'ant to their proposed facility. Attorney Moore wanted to resolve the matter now, He had discussed the matter briefly with'City Attorney Vance and thought they were close to an agreement. City Attorney Vance thought the matter could be resolved rather expeditiously~ The City will withdraw the hold harmless and accept the precise and extended guarantees and comments by the applicant at the time he receives his permit. Attorney Moore wished to clarify what they were. City Attorney Vance could not see any point in doing that. Mayor Harmening pointed-out that they were already 'a matter of public record, and he did not propose to sit there and have them retracted. Attorney Moore retorted that no one was retracting anything. He read from the Minutes of October 20, Attorney Moore told the Council, "It says that we recognized 'the location of the sewage lift station and the possibility that odors may emit therefrom, and the'~buitders of Burger King were aware of the situation' . . ." Attorney Moore informed the Council that they did that in the let%er and are willing to do that in any other form of intent the Council wants. City Attorney Vance advised that the City~'found the statements made by the authorized representative of the applicant acceptable at the time he received the site plan. A permit~will be issued pro- viding they meet all of the other City requirements. Attorney Moore asked to read the entire paragraph to see if they were on the same "wave length." City Attorney Vance said the minutes were a shorthand version. Mayor Harmening suggested that the Council authorize the City Clerk to prepare a verbatim transcript of that portion of the last meet- ing dealing with Burger King. Attorney Moore pointed out that the ~inutes had already been approved and he again asked to read the paragraph. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5~ 1~82 Mayor Harmening thought perhaps it would be more explicit, Attorney Moore 'said it was also requested that Burger King-have included in the statement their agreement to recognize and acknowledge the existence of the odors to be predicated on the assumption that the City would continue to operate the plant in a~no~al, reasonable manner and not operate it in a negligent or irresponsible manner. City Attorney Vance felt Attorney Moore was taking up time. Attorney Vance informed the Council that he had stated to Attorney Moore that the City would accept the statements made by the authorized representative of Burger King at the time Burger'King received approval of their site plan, Mayor Harme~±ng added that he did not think the City woUld ever be in the pos±-tion to operate a lift station in a negligible or i~responsib~e or unprofessional manner, It is certainly not the policy of the City to operate anything in such a manner, Attorney'Moore replied that he hoped not, but he failed to recognize the reasonableness of a'requirement for a ne±ghbor o~ the sewer plant to hold the City harmless for any manner in which the City chooses'to operate the sewer plant or refuses to grant a 'building permit based on that~ground. Attorney Moore hoped the matter was resolved. City Attorney Vance believed the matter was resolved'. City Manager Cheney informed 'the Council, for the public's interest, that the building permit is not ready 'to be issued Yet, so no damage had been done by holding up the building permit. Council- man deLong remarked that there was no doubt that the C~ty was going to keep the lift 'station free from odors. Harold~Weinberg, 300 N. E. 26th Avenue, Boynton'Beach, told the Council that several weeks ago, two people Were lost in a traffic accident at Congress and 22nd Avenue. The following weekend, there was a three car crash. After 'that, some people went to the County Commission Meeting and asked for the installation of a-traffic light at Congress and 22nd Avenue and, in addition, a permanent traffic light on 22nd Avenue and Seacrest Boulevard, The Attorney for the County Commission told them the light on 22nd Avenue and Congress was on the schedule and wo~ld be installed in~approxi- mately February, 1983 due to the fact that Congress ~venue will be widened from 2nd Avenue up to 22nd Avenue. Mr. Weinberg felt pressure could be brought to expedite the installation of the light. Mr. Weinberg requested the Council to pass a Resolution to that effect, He noted it was on the Agenda, but asked that the Resolution be more stern to expedite the time so-that it would be sooner rather than at the conclusion of the construction of the widening of Congress AYenue~ Also, Mr. Weinberg continued, there is just as great a need for a light at 22nd and SeaCrest Boulevard. Mr. Weinberg's group was told by the County Commission that although it is a County road, there is an agreement with the City whereby any traffic light is the responsibility of the City'within Boynton Beach, but the County would share the expense. Therefore, Mr, Weinbe~g asked the - 3 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Council to expedite the installation of a permanent light at Sea- crest Boulevard,and 22nd Avenue. Mr. Weinberg felt it was needed, and any injuries that could be avoided should be taken into consideration. Councilman deLong advised that there was a Resolution on the Agenda with regard to the light at 22nd and Congress. Councilman deLong moved to instruct City Manager Cheney to contact the County and negotiate to have a permanent light rather than a flashing light at 22nd Avenue and Seacrest Boulevard. The motion was seconded by Vice Mayor Trauger. City Manager Cheney informed Council that Commissioner Gregory had already been asked to consider using the supposedly excess funds from the Congress AYenue road agreement, which the City worked very hard to get in connection with the State funds from~Motorola, to have the light put in at Seacrest and 22nd Avenue. Commissioner Gregory had been urged to'do that, Council'man deLong added that his motion also include that Commissioner Koehler also be contacted because that area is now Commissioner Koehler's district. City Manager Cheney said the onlY reason Commissioner Gregory was contacted was because he had called the City and asked for suggestions, Derle Bailey, 644 Las Palmas Way, Boynton Beach, wished to add to Mr, Harold Weinberg's statements. He asked that the City approach the County with the possibility of putting some marking signals at 22nd Avenue and U. S. 1, which is also a very dangerous intersection. Mr, Bailey said he ~and Mr, Weinberg both live in that area. He thought the traffic at 22nd Avenue and Las Palmas Drive had a very short cautiOn light coming out on U, S. 1. As the 22nd Avenue side of U. S, 1 is approximately 150 feet wide and the Las Palmas side is only 50 feet wide, it is an.offset stHeet, Mr. Bailey advised. Mr. Bailey said there were markings on the street from the 22nd Avenue side that allow for traff±c to turn right or go straight ahead and turn left but you have to come over the railroad tracks to see the markings. Mr. Bailey informed the Council that there is a cable stretch across 22nd Avenue on the w~st side of U. S. 1 Which is high enough that signs could be put on the cable to show a left turn lane, a straight through lane, and a right turn lane. Mr. Bailey asked the Council to approach the County and ask them to mark the intersectiOn better. A vote was taken on Councilman deLong's motion to instruct City Manager Cheney to contact the County and have a permanent light rather than a flashing light at 22nd Avenue and Seacrest Boulevard. The motion carried 5-0. Councilman deLong made another motion to approve Mr. Derle Bailey's request, He pointed out that it would not go to the County but to the - 4 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 State Department of Transportation. Vice Mayor Trauger seconded the motion. No discussion. The motion carried 5-0. BIDS Three New 25 Cubic Yard Rear-Loader Packers - Public Works TABLED Vice'Mayor Trauger moved to take the item from the table, seconded by Counc±lmember Woolley. Motioncarried 5-0. City Manager Chen~y recalled that at the last meeting, a request was made by an unsuccessful bidder that t'h~ City reconsider and re- examine..its recommendation'for ~th~ purchase of the three rear-loader packers. Mr. Cheney advised that Broward Truck & Equipment Co., Inc. sent a letter to the City indicating what their concerns were. The letter was reviewed and City Manager Cheney wrote a summary of the matter to the Council, City Manager Cheney said there was also a memorandum from the Director of Public Works. Basically, City Mananager Cheney, said that it is still recommended that the three loader packers be purchased from H. F. Mason Co, and~ the one front loader packer~ from Coastal Ford. Mr. Cheney said all the issues raised by Broward Truck & Equipment Co. were looked at, and it was felt there was no basis to make a change. Mr. Donald Portfolio, Sales Manager, Broward Truck & Equipment Co., Inc., the man who wrote the letter to the City, appeared before the COuncil and expressed his feeling that they were the low bidder on the bid. Mr. Portfolio said his company had the exact same body as H~, F~ Mason Co., as they were purchasing thebody from- H. F. Mason, and they were the low bidder by'$7tl.00 per unit; $2,133.00 for three. With the Pac Mot unit, they were $15,123.00 low bidder on three units and meet all specifications. Mr. Portfolio stressed that his company felt if you are the low bidder and meet specifications, you should be awarded the bid. Mr, Portfolio further staged that Coastal Ford did not meet the specifications of the City. The City wrote the specifications, and Coastal Ford did not meet them. Mr. Portfolio could see no sense in having specifications if they are not met. Otherwise, any one could put anything they want, and the low bidder would get the business. City Manager Cheney read his Memorandum dated January 5, 1982 which is attached hereto and made a part hereof. City Manager Cheney said those items made it very clear that it is not necessaril~ in all cases, deemed to be in We best interest of the City that. the low bid be accepted, ~Mr. Cheney pointed out that it is also p~ovided in the general specifications and conditions that minor adjust~ments in the bid package and review of the bids are appropriate for the City to consider. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Councilman deLong requested City Manager Cheney to also read the Memorandum from Richard S. Walke, Director of Public Works, to the City Manager, dated December 29, 1981 into the record. Councilman deLong moved to accept the recommendations of City Manager Cheney and the Director of Public WOrks, Richard $. Walke, and award the b~d to H. F, Mason'Co. in the amount of $58,334.00 for each vehicle, The motion was seconded by Vice Mayor Trauger, No discussion, Motion carried 5-0. One New 35 Cubic Yard Rear-Loader Packer - P~btic Works - TABLED Vice Mayor Trauger moved, seconded by Councilman deLong, to remove tbs item from the table. The motion carried 5-0, Councilman deLong moved to accept the recommendations of City Manager Cheney and the Director of Public Works, Richard S. Walke, and award the bid to Coastal Ford in the amount of $74,916.26. No discussion, Motion carried 5-0. One 'National Sterilizer Model 704-8000 DSE or Equal City Manager Cheney said this would be for the Water Plant, Councilman deLong moved, seconded by CounciI~ember Woolley, to award the bid in the amount of $1,507,00 to Curtin Matheson Scientific, Orlando~ Florida, No discussion. Motion carried 5-0. one MP-4 Camera System- Pol'ice Department City Manager Cheney said this would be used for work in the POlice Department Detective Identification Division. Counc±~l~an deLong moved to accept the recommendation of the Tabular±on Committee and award the bid to V,W,R. Scientific, Inc., Miami, Florida, in the sum of $2,Q71,10, Counc±lmember Woolley seconded the motion. No discussion. Motion carried 5-0, Asphalt Surface Construction in the Wilon Park Area - Recreation & Parks City Manager Cheney informed the Council tkis would be another part of the W±lson Park Area renovation project. The project w±~ll be partly reimbursed by the County. Councilman deLong moved to accept the recommendation of the Tabulation Committee and award the bid to Bayonne Construction Corp., West Palm Beach', in the amount of $3,728.50. The motion was seconded by Counc±lmember Woolley, Vice Mayor Trauger questioned the difference in the low bid of $3,728.50 and the others, which were in the vicinity of $8,000,00 and $9,000,00, City Manager Cheney thought it was because Bayonne Construction Corp. is a small company. The others are bigger and would charge more for smaller projects. Smaller bidders did not - 6 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 bid. City Manager Cheney pointed out that the City could not lose any- thing because they do not pay until the work is done, and they inspect the work and the quality of the work. If the work is nOt done right, they do not get paid, The motion carried 5-0. Two New 1982 Police Motorcycles Councilman deLong moved to accept the Tabulation Committee's recommendation and award the bid to Palm Beach Kawasaki in the amount of $9,446.00, No discussion. Motion carried 5-0. Compound Turbine Meter - Sole Source Item - Utilities City Manager Cheney advised that this would be for the portion of the City's utility system in the Town of Briny Breezes. Councilman deLong moved to approve the recommenda~ons of City Manager Cheney and Perry Cessna, Director of .Utilities, and award the bid in the amount of $2,214.00 to Neptune Water Meter Co., Atlanta, Georgia. Cu-~ilmember Woolley seconded the motion, Councilman deLong wondered why the City was going from a 6" meter to a 4" meter. Perry Cessna, Director of Utilities, explained that the compound turbine meter measures the'same flow as it could with the old standard 6" meter, and actually, the City gets better fire flow with it and it measures more accurately. The motion carried 5-0. Chlorine - Sole Source Item - Water Plant and Wilson Pool City Manager Cheney said this was a recommendation to continue to purchase the chlorine at a lower price than they were paying last year, Mr. Cheney said they are the only chlorine company that can adequately serve this part of Florida. Councilman deLong moved to award the bid to Allied Universal Corporation, Miami, Florida, seconded by Councilmember Woolley, discussion. Motion carried 5-0. No. PUBLIC HE~RING - 8:00 P. M. None. - 7 - MINUTES - REGULA~R CITY COUNCIL MEETING JANUARY 5, 1982 DEVELOPMENT PLANS Site Development Plans - Home Federal Savings & Loan Association Branch Bank, submitted by Kenardon M. Spina, Agent, to construct a 4,160 Sq. Ft. Office Building plus drive-thru Banking Facilities Mr. Carmen Annunziato, City Planner, presented the plan to the Council and said the request was to construct a permanent facility for Home Federal Sawings and Loan at the intersection of Ocean Drive and Congress Avenue, The site is currently encumbered by a temporary facility for convenience purposes. The request went to the'Planning and Zoning Board with a positive recommendation, subject to s~aff comments, as follows: Engineering Dept, "1, Additional finish elevations are required for paving. 2, Curb details are required. 3. Drainage calculations ~are required, 4, A permit is required from the ~County for the new connection to Congress Avenue. 5. Water from down spouts must be included in drainage calculations. 6, Ten-foot right of way for Congress to be dedicated to the County." Police Dept.: "Subject to parking lot lighting and traffic control signs." Energy Coordinator: "Recommend Energy Efficient Sodium'Vapor Lighting," Mr. Annunziato informed the Council that two issues remained to be discussed at the PlanniNg and Zoning Board. One concerned the use o~'metal halide.lighting to reflect onto the bank as opposed to using sodium vapor, The Energy Coordinator found that to be accept- able. The second thing that had been unresolved was a request from the Planning and Zoning Board for the apPlicant to meet with Tom Clark, City Engineer, to discuss whether or not it would make sense trafficwise to knock out a certain area, which was supposed to be landscaped, to create a turn lane, Mr. Annunziato said Mr, Clark had suggested the way it was propo'sed it would probably adequately serve the site unless there was the ability to construct transitions to the east of the proposed driveway and then construct the turn lane, Mr, Annunziato told the Council that the application went before the Community Appearance .Board and comes with a positive recommendation from them, Councilman deLong moved that the plans be approved, subject to staff comments. The motion was seconded by Councilmember WOolley and carried 5-0. - 8 - MINUTES ~ REGULAR CITY COUNCIL MEETING JA~NUA'RY 5 , 19.8 2. Master Plan Modification - Quail Lake West Portion of the Ki~aner Cogen PUD, between Golf Road and Woolbright Road, extended, west of Congress Avenue ~ Requesting a determination of no substantial change Councilman-delong moved to accePt-the recommenda,tion of. the Technical"Review Board that there are no substantial'cha~nges, seconded by Councilmem.ber Woolley, No discussion, The motion carried 5-0, Prelim±nary Plat Extension Request - Congress High Point Mayor Harmening noted that the staff did not recommend that the plat be extended. Councilman deLong moved, seconded by Vice Mayor Trauger, not to approve th~'request. Mayor Harmen±ng asked that the motion be held in abeyance as there was a gentleman who wished to speak, Kenneth Tate, High.Point/Delray Builders, Inc,, came before the Council. Councilman deLong was concerned about the fluctuation of prices. Mr. Annunziato advised that since the approval of the preliminary plat, several people came into his office requesting or suggest- ing alternate uses of the site, somewhat indicating tha. t the site may be avail-able, Secondly, Mr. Annunziato continued, the master plan on which the preliminary plat is based would not be affected by the expiration of the preliminary plat, Thirdly, Mr. Annunziato said, the value of the land for recreation and parks dedication purposes was set by having an appraisal. The appraisal could very quickly be six months out of date. Mr. Tate said they would have no problem in agreeing to ~ust the dollar value of the improvement bond to whatever the current estimate is at the time they are'ready to submit their final plat, since they realize the intent of the ordinance and have no reason not So ab±de by it. As for the value of the land, Mr. Tate felt it was common knowledge what has happened in the real estate industry in the last six months. If anything, the value of the land has gone down, not up., Mr. Tate did not feel it was necessary to hire another appraiser to do another study. Mr. Tate explained that they have run into delays in their construc- tion program in Delray Beach, which is very close to Boynton Beach. Therefore, they cannot start the Boynton Beach project before Delray Beach moves at a more reasonable pace. Therefore, Mr. Tare asked for a twelve month extension. He said they would be willing to meet the City halfway. He did not think there was any issue and probably no question on the value of the land. Mr. Tate said he would accept the revised estimate on the improvement bonding requirement. Councilman deLong was very concerned about the letter received from Envirocivil Engineering Corporation. - 9 - MINUTES - REGULAR CITy~ COUNCIL MEETING JANUARY 5, 1982 The letter was addressed to Mr, Peter Cheney., City Man~ger} and dated December 18, 1981, Councilman deLong read the second para- graph, as follows: "High Point Builders, Inc. has to slow down the pace of construction on High Point of Delray West project at Delray West road & Military Trail, and consequently they will not be able to start construction on the Congress High Point of Boynton, in 'the near future." Councilman deLong's concern was that the City knows High Point/ Delray Builders., Inc. are going to .stay on the Delray West Project and the City does not know how long it is going to take to complete the project down there. Mr. Tare pointed out that if the City grants a six months' extension, six months from now if times are still slow and he (Mr. Tate) has to come before the City again, the City will halve the right to either grant another extension.or say "No" for whatever reasons the City wishes at that time. Mr. Tare said they were just trying to save the bureaucratiC r~ed tape of reapplying and s~arting all over. Although they were requesting twelve months, Mr. Tate stated he would be willing to modify the request to six months, if Council so wishes, Also included in Mr. Tate's request was a revision of the bonding requirements. Mr. Annunziato, City Planner, was willing to modify his recommenda- tion if the applicant would also be willing, when he'did come in for his final plat, to readdress land values for recreation and parks purposes because Mr. Annunziato believed the intent of the subdivision regulations is that that value be current value. Councilman deLong withdrew his previous motion and Vice Mayor Trauger withdrew his second to the motion. Councilman deLong then moved that approval be granted for a six months' extension, subject to what City Planner Carmen Annunziato recommended. Vice Mayor Trauger seconded the motion. Mr. Tare asked if he would have to hire another appraiser. City Manager'Cheney said they should look at the situation at that time. Mayor .Harmening repeated that the motion was made and seconded to grant a six months' e×%ension the preliminary plat for High Point/Detray Builders~, Inc.., subject to review of the bonding requirements for the publ,ic utilities, public improvements, and the recreation land'vatue. No discussion. The motion carried 5-0. LEGAL Ordinances -2nd'~Reading '- P~UB'LIC HEARING None. Ordinances - 1st Reading - 10 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 City Attorney Vance said he forwarded to the Council on December 31, 1981 a draft of two different ordinances relating to a referendum on the height limitatiOns in the City Code. He designated them as Ordinance A and Ordinance B. Subsequently, City Attorney Vance said he prepared Ordinance C, which was distributed to the Council at the beginning of tonight'~s meeting. City Attorney Vance doubted if many interested individuals had a chance to look at it yet. City Attorney Vance explained that the ordinance establishes a central business district, applies the height limitation of 45 feet to all residential and all industrial and commercially zoned property in the City of Boynton Beach except a designated central business area and a designated westward business or commercial area, Mr. Vance info--ed everyone that there are descriptions and maps available. He suggested a ten minute recess. Mayor Harmen±ng thought all three Ordinances could be read on 1st reading, City Attorney Vance disagreed, He advised that if the City decides to impose an overall height limitation in the City, they could have a 1st reading tonight. If the City Council desires to consider either Ordinance B or C, the 1st reading would not be until a Special Meeting, which would have to be scheduled for January 18th. Councilman deLong added it would also have to be scheduled for January 29th, Attorney Vance said that was correct, City Attorney Vance asked the Council whether they wished to consider Ordinance A, B, or C, Mayor Harmening wanted as much public input as possible and wanted the people to understand what the three different ordinances do. He did not know whether the newspapers would pick it up or not. He noted there was a crowd attending this meeting. Mayor Harmening said there had been no need for the ordinance since the Florida Supreme Court upheld the CitY,s original height limitation ordinance because during the last nine years no mem'bers of Council have seen fit to change it. It was suggested that next year, that could easily be changed. Therefore, M~/yorHarmening informed the audience, certain people on the Council decided they wanted to accommodate the majority of people and let the public have an oppor- tunity to have an input and make a decision based upon a referendum. Mayor Harmening informed the aUdience that Proposed Ordinance A simply locks in everything in the City as the existing ordinance states. Proposed Ordinance B, which Mayor Harmening was not too fond of, eliminates all of the existing and proposed future commercial. City Attorney Vance interrupted Mayor Harmening to read a portion of his MeMorandum: "Ordinance B is presented fc~ Council's consideration in the event they desire %o exercise greater flexibility with reference to industrial and c~cially zoned areas in the City. This Ordinance would present to the voters a referendum question of amending existing Section 4F of Appendix A by - 11 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 eliminating the overall height limitation of 45 feet for ccalnercial or industrial purposes while retaining this limitation for a~! residentially zoned ~areas in ~the City, There would ~of course be no void with reference to cormmercial and industrial inasmuch as each zone, for example C-1 contained within the provisions of that zone, a 45 foot height limitation~ However, this would pe/m~t Council to exercise greater flexibility with reference to commercial and industrial by approving future modifications by ordinance only." Mayor Harmening pointed out that under this proposed Ordinance B, any of the items mentioned can be changed in the future. Councilman deLong questioned whether the City would then have a rash of zoning requests changing the zoning from C~i to a class of zoning which would permit high rises. City Attorney Vance answered Councilman deLong by saying there would have to be a more basic change. It could not be handled as a rezoning change. There would still be a 45 foot limitation in all of the commercial and industrial zones because of eaCh~individual zoning .classifica- tion. The City has a situation where they have an-'overall height limitation in 4F, Appendix A Zoning, It applies across the board, Mr, Vance said it is then restated in each zone within the City, For example, there is a 45 foot'height limitation presently in the Code limiting the height of a structure in a C-l, C-2 and C~3 to 45 feet. Mayor Harmening said this could easily be amended out, City Attorney Vance said it could be modified by ordinance or changing the ordinance. Mayor Harmening added they could change the Appendix in the Zoning 'Code. Councilmember Wootley wished to have' City Attorney Vance read the rest of his memo. City Attorney Vance said Ordinance C would establish two major commercial areas., which would be eliminated from. the overall height limitation, The 'height limitation from proposed Ordinance C would apply to all residential, all commercial, and all-industrial except for the geographically described areas. There are maps for the geographicallYdescribed~areas. The downtown-.~rea-would be excluded, Mayor Harmening said they should be more specific. Mayor Harmening explained that the western boundary is the railroad, the north boundary is (with the exception of a small portion) N, E. 4th Avenue from the railroad east to the Intracoastal, along N. E. 4th Avenue. The west end goes a little bit above that. The south boundary is a combination of Ocean and S. E., 2nd Avenue, Mayor Harmening said that was the downtown business dfstrict, and maps will be available for anyone who wishes to look at them. Councilman deLong pointed out that any future Council can do any- thing they want to. Mayor Harmening advised that if it is voted down, nothing is changed. If it is voted up, then everything will be locked in and cannot be changed as far as height. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Mayor Harmening continued by saying that along the west side of Congress Avenue from Boynton Canal south to New 2nd Avenue and west to Javert Street, there is an exact rectangle. There will be no height limitation to these two areas. Mayor Harmening remarked that they could build to .200 stories if they wanted. City Attorney Vance interrupted to say, "No sir. You would still have the exist- ing height limitation in the Code, but that could be modified." Councilman deLong said in line with what the Council was trying to present to the people at the present time, he felt the Council was very laX, Members of the Planning and Zoning Board had a standing agreement with the County Commission that' any time there was any.property that was unincorporated surrounded by any property within the City limits, members of the City's Planning and Zoning Board would be present'at the County. Commission meeting, and the City'would abide'by the'.~.existing CoUnty Code. With the pockets along Congress A~enue which the City surrounds on both sides, Councii~man deLong thought the City should a~rrange an agreement with the County that they will give the City an .opportunity to make a request to have them abide by the City's Code. ~i~e Mayor Trauge~said, after proposing this, he talked to many people in Boynton Beach who moved here because of the low height limitation and the air. That was why he had tried to bring the matter to a point of referendUm. Also, Vice Mayor Trauger found to his amazement a great distrust in the people of previous City Councils, of this City Council, and the~ICha~lber of Commerce to control or handle anything. He used'U. S. 1 as an example, which he ~efe~red to as "Hamburger.Row," Atrocious architecture, Vice Mayor Trauger called it. He said Scott's and Popeye were knocked out 'through competition. Wuv's and Sambo's are under bankruptcy. Does the City need empty shells? Vice Mayor Trauger-also referred to the three "great shopping centers" in Boynton~Beach. Architec- turally and aesthetically, Vice Mayor Trauger thought that from a landscaping view, they were atrocious and full of. pockets. He referred also to Lindsley LUmber, without one tree, and full of holes. Vice Mayor Trauger said they should look at the past record of the Council. The only two classifications of annexation they had in Be past year were blown away. Vice Mayor Trauger further pointed out that they came within one vote of approving spot zoning, which everybody abhors. He said the people do not trust the Council to control the height limitation, He felt the public should have the say and the vote of referendum to control the height to where it is, Vice Mayor Trauger spoke out that the people were the taxpayers and the. electors of the Council, and the Council could not be wishy washy. They must stand fir-mly to the heart and desires of the people. Vice Mayor Trauger moved to use Ordinance A to hold the present height of the zoning at 45 feet. There was loud applause. Wayne E. Puls, 831 SW 34th A~enue, .Boynton Beach, asked to speak. He was concerned that a referendum would lock in everything with regard to 45 feet. He noted that the Council saw fit to pass an - 13 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 ordinance with regard to the Community Redevelopment Agency and appoint a Board for that agency. Mr. Puls was concerned about locking in the 45 foot height limitation, Mr. Puls said if a developer knows he cannot do that, 'it will become an economic impossibility to redevelop the area that the City'is spending so much time and money on. Some people wished to speak at this time. Mayor Harn%ening said anyone who Wished to speak_at a Publix Hearing could ~do so, Also., if there is something on t~e Agenda and they. ~-feel~strongty they should sPeak out on it~ they can give their names to the City Clerk and speak when the item comes up. Dee Zibelli, 440 Ocean Par~ shocked by what Vice Mayor utmost praise for the majoI She did not believe in the confuse the public and fel~ there are three referendums there would not be three rE Mrs, Z±belli hated to see a referendum and becoming could not see why the peop3 officials when something 1~ officials they do not want to be locked into a referer a time when the City will ~ be able to reverse it for c the Council that she was d~ feet. .way, Boynton Beach, Florida, was Trauger just said, as she a~ways had the ity of City Councils the City had. indiscriminate use of referendums to it would be a very confusing issue if , Mayor Harmening explained that ferendums but only one. he 45 foot height limitation locked into rreversible for a year, Mrs. Zibelli e could not get to the elected ke that comes up and~ tell the elected it. She asked why the limitation had dum and pointed out that there may be ~ant a higher height. They will not ne whole year. Dee.Zibelli informed finitely against the referendum for 45 Dick Lambe~t, 140 S, E, 27~h Place, Boynton Beach, representing the Greater Boynton Beach ChamDer of Commerce and %he Board of Directors, appeared~, to spe~k in opposition to the Council's pro- posal of placing the question of building height limitations and the closing hours for the ~ale of alcoholic beverages to the voters for referendum, Mr, Lambe~t wished to put a general~statement from the Board of Directors into the reCordl Mr. Lambert said that at t~e time the statement was made, there were only two proposals. Cne was Proposal A, and the other was the closing hours. They j~ and just heard about PropOs Council their responsibilit policies for Boynton Beach opposition to the proposals issues have been decided b~ st got a copy of Proposal ~ yesterday al C tonight. Mr. Lambert told the y, as Council Members, was to establish based on existing facts. The Chamber's stems f~m the belief that these action of Council end now exist as ordinances. For the members of %he Council to now abandon their responsibility, the Chamber feels would be a very serious mistake. MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Mr. Lambert continued by saying that theCouncil had been informed that questions decided by referendum can only-be changed by referendum. Mr. Lambert pointed out that this system will be costly, .impractical, and will greatly limit the options an~ opportunities of the City in the future. Mr. Lambert said they could not begin to speculate on the possible loss to the City if the Council persists in the referendum, especially, and they are most concerned in the areas of commercial and industrial height limitations. Mr. Lambert stated that the Chamber was not opposed to referendums per se but believed, however, that they should be used to determine questions in the nature of capital expenditures where the funds m~st be raised for real property taxes. Mr. Lambert said the Greater Boynto~ Beach Chamber of Commerce urged the Council to drop both referendum proposals. There were sounds of both'applause and ~oos. Mr. Boyd Kohl, President of Boynton Beach/Ocean 'Ridge Board of Realtors, informed the Council that the Directors of his Board instructed him to convey'the following message to the Council regard- lng the use off,referendums %o decide public and policy matters, also to impose further limitations on building heights as it infringes on private property rights. Mr. Kohl said they had hoped to increase the tax base in the City and, therefore, 'help people who are overburdened by property taxes. Mr. Kohl thought any large corporation who may want to relocate in Boynton Beach and who could see the City's planning and zoning restrictions would go tQ another City. There was some applause. proposed ardlnance No'. 82'1 Re: Height Limitations for Referendum City Attorney Vance read proposed Ordinance No. 82-1 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THE ADOPTION BY REFERENDUM VOTE OF THE ELECTORS OF THE CITY OF BOYNTON BEACH BY ORDINANCE OF APPENDIX A 'ZONING', SECTION 4 'GENERAL PRO- VISIONS~ CF) 'HEIGHT LIMITATIONS AND EXCEPTIONS' OF THE ORDINANCES OF THE CITY OF BOYNT©N BEACH; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-1 on first reading only. The motion was seconded by Vice Mayor Trauger. Councilman deLong thought it was the citizens' inalienable right to have a referendum. Councilman deLong definitely felt tha~.as a patriotic, redblooded American citizen believing in-Government of the people, by the people, and for the people~ Councilman Wright advised that he would cast his vote against the referendum because he felt the Council was casting aspersions on future elected officials in the City. Also, Councilman Wright said he would like to think that Boynton Beach could move in a positive - 15 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 direction. He did not like for the Council to underestimate the capabilities of people that run for Council. He could not see where there were problems in the past. Councilman Wright said some people had called saying they could not understand.why the Council would want to advocate responsibility, The people had vested authority in them to make decisions. Councilman Wright thought it should remain as it is and not go to referendum. There was applause. Vice Mayor Trauger felt the ordinance had worn well. He thought the people were well sati'Sfied with the height limitation of 45 feet. As he said befor~e, Vice Mayor Trauger reiterated that Councils change and people change. Bars closing at 2:00 o'clock has also worked exceptionally well. There was very loud applause. Vice Mayor T~auger continued by suggesting that since the City has a good thing, they should cOntinue and make it a permanent good thing and~ vote for the referendum. There were cheers, shouts, and~very loud applause. Councilmember Woolley expressed that she also enjoys the 45 foot heighH limitation but, in the same sense, she wanted to 'project in the future and have some flexibility to let people in the future change something in the commercial zone, such as the down- town development. Councitmember Woolley was most definitely not in favor of putting this into referendum or of the ordinance. Mayor Harmening asked the people to ~call that he was the person who authorized an appeal of the height ordinance when it was under attack the first time when a lower Court ruled against the City. They voted to send it'to the Supreme Court, and the City was finally upheld, Mayor Harmening co~ented that the height ordinance was probably a landmark. All of this time people on the Council were willing to uphold it. Conceivably next year, Mayor Harmening said, this might not be the case. Mayor Harmening advised that locking it in would deny the Council a certain amount of flexibility they should have, However, Mayor Harmening was going to vote for the ordinance tonight, Mayor Harmenlng informed everyone that he intended to.'see that the ordinance described as "Ordinance C" would be acted upon. Mayor Harmening stated that would change nothing at this point and time. He advised that either "Ordinance A" or "Ordinance C" (which had not been acted upon) would be on the ballot. Mayor Harmening further advised that if Ordinance A passed, there would be no way the City Council could raise the ~height limitation. Under "Ordinance C', which would not be proposed tonight but be before the Council at a later date, there will be two small areas set aside fo~ commercial or-industrial areas only, and not residential, where the height restrictions could be changed. It would only apply to those two sections. ~t would not apply to any other sections, The Council could raise the height limitations if they found'it necessary and if the Council and citizens vote for proposed "Ordinance C". If they do not vote for it, the City will be right back to where it is now, which is nothing other than the - 16 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5., 1982 ordinance which the City Council can change if they bav~2 three votes. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - No Councilmember Woolley - No ViceMayor Trauger - Aye 'Mayor Harmening - Aye Motion carried 3-2. Mayor Harmening announced that %he ordinance passed 3-2, and there will be another ordinance. Mayor Harmening audience to think about it and tal~k to their City the Council,know how they feel, Councilman deLon¢ the proposal by Council is to knock this ordinanc~ referred to as Ordinance A) and bring Ordinance C Mayor Harmening stated that at the present time ht toward proposed~0~dinance C, which was not on toni If he feels it will be in the best interest of the next meeting, he will vote against the ordinance passed. Then the vote for referendum will be Ord~ will se~ forth two specific small areas in the C£% deLong informed everyone that small area would be Road all the way up to the Intracoastal, Vice Mayor Trauger said they were still back to tl raised by Mr. L ~am~bert and other people tonight, ar whether the Council was reneging by putting it on or whether the Council should make all of the decJ people of Boynton Beach without having .the ordinar referendum, Two weeks ago, everybody was saying referendum. Now the people are changing again, sc said you could see how people vacillate. That was thought it should be put in referendum, so everyor stand it, and lock it in, so Boynton Beach would r another Fort Lauderdale or Pompano Beach. There % loud applause from the audience. City Attorney Vance advised that if there wo~ld~ ~e a special meeting on the 18th of January to consider Ordinance C, the Council would have to authorize Tereesa Padgett, fity-Clerk, to run the necessary advertising in order to comply %ith'Chapter 166. Therefore, a motion should be made. Vice Mayor Trauger moved that Tereesa Padgett, City Clerk, be instructed to run the necessary advertising to comply with Chapter 166, Florida Statutes, regarding Rezon~ng .with regard to Ordinance C, Councilmember Woolley seconded the motion. told t.~e CDuncil and let explaiRed that ~ut (82-1, also was leaning ight's Agenda~ ~'Ci%y, at the ~hat was just nance C, which y, Councilman from Woolbright .e basic point .dthat was the referendum, sions for the ~ces on t should be on ~ice Mayor T~auger why Vice Mayor Trauger e would under- ot become 'ere cheers and Councilman deLong announced that all of the people who attended tonight's meeting should make sure they do not miss the Special - 17 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Meeting, which will be held Monday, January 18 at 7:30 P. M. The motion carried 5-0. Proposed Ordinance No. 82-2 Re: Beverages for Referendum Hours for Sale of Alcoholic City Attorney Vance read proposed Ordinance No. 82-2 by title only on first reading: "AN?.ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSINGTHE ADOPTION BY REFERENDUM VOTE OF THE ELECTORS OF THE CITY OF BOYNTON BEACH OF AN ORDINANCE GOVERNING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY OF BOYNTON BEACH; PROPOSING TO ADOPT SECTION 3-4 'HOURS OF SALE' BY REFERENDUM VOTE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption ~of proposed Ordinance No. 82~2 on first reading only. The motion was seconded by Vice Mayor Trauger, Councilman Wright was appalled to see this go to referendum at this time. He vividly recalled that, he thought in 1980, Council- man deLong, Vice Mayor Trauger, and Mayor Harmening made the decision retati~e to the 2:00 A, M, situation. At that time, they did not think further enough to send it to referendum, but made the decision. Now, since it is not a controversial matter, and the bars Councilman Wright spoke with are pleased they are closing at 2:00 o'clock A, M,., those three want to send it to referendum. There was some applause, Vice Mayor Trauger said as it has worked very well in the last year, he felt it Should be preserved. Vice Mayor Trauger believed the people would confirm that the 2:~00 o'clock closing should be placed in referendum-and locked in tight. Councilman Wright interrupted ~the beginning of applause to say that when he campaigned, and said in the paper that if there remained an issue .that was controversial, he preferred to go into referendum. He was not sure why it should go to referendum at this time. Councilman deLong said the people wanting the hours extended were "playing possum, and the people on the Council try±.ng to protect the public are awake. That is Why it is being placed before them. Councilmember Woolley asked if there had been any problems or if anyon'e came to the City wanting the hours~to be changed. The answer was "No." Councilman deLong said the people who wanted it changed knew better than to come before this Council, because they are awake, Mrs, Padgett took a roll call vote on ~he motion as follows: - 18 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Councilman deLong - Councilman Wright - Councilmember Woolley - Mayor Harmening - Vice Mayor Trauger - Motion carried 4-1. Aye No Aye Aye Aye Proposed Ordinance No. 82-3 Re: ~each 'Bond ISsue for Referendum Approve General Obligation City Attorney Vance read proposed Ordinance No. 82~3 in its entirety. A copy thereof is attached hereto and made a part here- of. City Attorney Vance noted that on page 2, Section 3, the ordinance was to be published in the ~ newspaper. He suggested the Palm Beach Post. Mr. Nathaniel Weinshel, 2601 N. E. 3rd Court, Village Royale on the Green, came forward, In October of 1980, he said the City hired a landscape arChitect at a~cost of several thousands of dollars to submit a plan'for the beach. Nothing has been done since 1980. The cost at that'time was about $1,500,000.00. It was thought the funding would come out of the City, Mr. Weinshel said. Lake Worth is taking action to improve its beach. Delray Beach has improved its beach, and Mr. Weinshel thought Boynton Beach's beach was in terrible condition. Extra parking and facilities are needed, and Mr, Weinshel felt the City had been derelict-in letting the beach get into its present condition. A' survey made by the Parks and Recreation Board for the winter of 1980-1981 showed 230,000 used the beach. The closest facility for athl.et±cs came to about 12,000, Mr. Weinshel informed the Council. Mr, Weinshel felt the beach was a top prior±ty for the Council to consider, Boynton Beach is still a beach city., and Village Royale on the Green raised a petition for the improvement of the beach. Mr, We±nshel secured the help of Arthur Berman, Ted Blum, and members of the Village Royale on the Green Association. He handed the Council over 700 signatures of voters and residents of Boynton 'Beach who signed the petition which asked for the renovating of the City beach by arranging the approval of the necessary funding and carrying out the additional design and construction work. Mr. Weinshel felt the feel±ng was prevalent among the citizens of Boynton Beach. Councilman deLong moved to adopt proposed Ordinance 81~3 on first reading, seconded by Vice Mayor Trauger_. No discussion, Mrs. Padgett took a roll call vote on the motion: Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye - 19 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Motion carried 5-0. Proposed Ordinance No. 82-4 Re: Amending Section 5-16 of Boynton Beach Code of Ordinances Adopting National Electrical Code, 1981 Edition City Attorney Vance read proposed Ordinance No. 82-4 by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 5-16 OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY ADOPTING THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLHUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-4 on first reading, seconded by Councilmember Woolley. Mrs, Padgett took a roll call vote on the motion: Councilmember Woolley - Mayor Harmening - Vice Mayor Trauger - Councilman deLong - Councilman Wright - Aye Aye NOT PRESENT WHEN VOTE WAS TAKEN Aye Aye Motion carried 4-0. 'RESOLUTIONS Proposed Resolution No. 82-A Avenue and 22nd Avenue Re: Traffic Signal - North Congress City Attorney Vance read proposed Resolution No, 82-A by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THAT THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS PLACE HIGHEST PRIORITY ON THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NORTH CONGRESS AVENUE AND 22ND AVENUE PURSUANT TO PREVIOUS CONTRACT IN EFFECT RELATIVE TO THE RECONSTRUCTION AND WIDENING OF CONGRESS AVENUE," Councilman deLong moved, seconded by Councilman Wright~ to adopt proposed Resolution No. ~82-A. Councilman Wright advised that he spoke to Mr. John Cadenhead in Commissioner Gregory's office about the matter, and Mr. Cadenhead told Councilman Wright that the County Engineer's office is moving ahead with the installation of the light on N. W. 22nd Avenue and Congress Avenue. City M~nag.er~Cheney informed the Council that he talked to Charlie Walker and Herb Kahler~, COunty Engineer's Office. City Manager Cheney said the light was under contract as a part of the Congress Avenue construc- - 20 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5., 1982 tion project. The County Engineer's office will do-all it can to get it up and operating as early in the construction project as possible. Mr. Cheney further advised that because of the~road construction, they cannot put it in now ~e~.t~th~ ~ad widen-.-_ ing and it is already under contract with the contractor. In addition, City Manager Cheney said the road would be under construc- tion soon, so the speed of traffic would be somewhat restricted. City Manager Cheney said the County did assure him that as fast as they could get it into operation in connection with the contract work, they will. Mrs. Padgett took a roll call vote on the motion: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye MOtion carried 5-0. Proposed Resolution No. 82-B Re: Parking Restrictions - State ROad 5 (.U.S. 1) at Southeast 2nd Avenue City Attorney Vance read proposed Resolution No. 82-B by title only: "A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF BOYNTON BEACH, FLORIDA, CONCURRING WITH THE RECOMMENDA- TIONS OF THE FLORIDA DEP~RTMENT OF TRANSPORTATION TO RESTRICT PARKING ON STATE ROAD 5 (U. S. 1). AT SOUTHEAST SECOND AVENUE" Council~man deLong moved the adoption of proposed Resolution No. 82-B, seconded by Councilmember Woolley.' 'No discussion. Mrs, Padgett took a roll call vote on the motion: Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Motion carried 5-0. Proposed Resolution No., 82-C Re: Deferred ~compensation Plan Establishing Additional City Attorney Vance read proposed Resolution No. 82-C by title only: - 21 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON, BEACH, FLORIDA, ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE CITY OF BOYNTON BEACH, FLORIDA." Councilman deLong moved %he adoption of proposed Resolution No. 82-C, seconded by Councilmember Woolley. COUNCILMAN WRIGHT LEFT THE MEETING, Mrs. Padgett took a roll call vote'on the motion: Councilman Wright - NOT PRESENT Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Resolution No. 82-D Re: Approving and Authorizing Execution of Enabling Agreement between Palm Beach County and City of Boynton ~each City Attorney Vance read proposed Resolution No. 82-D by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING. AND AUTHORIZING THE EXECUTION OF THE ENABLING AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH, FLORIDA." Councilman deLong moved the adoption of proposed Resolution No. 82~D, seconded by Councilmember Woolley. No discussion. Mrs, Padgett took a roll call vote on the motion: Councilmember Woolley - Mayor Harmening - Vice Mayor Trauger - Councilman deLong - Councilman Wright - Aye Aye Aye Aye NOT PRESENT Motion carried 4-0. Proposed Resolution No, 82-E COunty Funds ' Re: Community Development Urban COUNCILMAN WRIGHT REENTERED THE MEETING. City Attorney Vance read proposed Resolution No, 82-E by title only: - 22 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING ACTION TAKEN BY MOTION AT THE REGULAR CITY COUNCIL MEETING ON OCTOBER 20, 1981, APPROVING AND AUTHORIZING EXECUTION OF THE tNTERLOCAL AGREEMENT RELA- TI%rE TO URBAN COUNTY FUNDING PROGRAM FOR COMMUNITY DEVELOPMENT ACTIVITIES." Councilman deLong moved the adoption of proposed ResolUtion No. 82-E, seconded by Vice Mayor Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Councilmember~Woolley - Aye Mayor Harmening - Aye Motion carried 5-0, Other None. OLD BUSINESS Review of Tra'ffic~ Signal Maintenance City Manager Cheney referred the Council to his memorandum of January 5, 1982, which addressed three traffic signals: One at S. E. 23rd Avenue and Federal Highway; one at Federal Highway and N. E. 10th Avenue; and one in front of City Hall at N. 2nd Avenue and Seacrest Boulevard. City Manager Cheney recommended that the Council concur with ~e changes outlined in the memo. At S. E. 23rd Avenue and Federal Highway, City Manager CheneY informed the CoUncil, it was recommended that the northbound left turn signal be put back into operation at the cost of khe City, At Federal Highway and N. E. 10th Avenue, the County Traffic Division recommended that the left turn signal for northbound traffic be removed. City Manager Cheney said that may change when N. E. 10th AvenUe is rebuilt but, at the moment, the County Traffic Engineers think it is more of a hindrance to traffic moving on Federal than it is an assistance to traffic moving into 10th Avenue. City Manager Cheney further informed the Council that the light at N. 2nd Avenue and Seacrest Boulevard was never rebuilt when Sea- crest was widened because the intersection was not redone. Mr. Cheney thought the City should request the County to take ove~ the maintenance of that signal because it is a major signal and should be a part of the County maintained signal system. - 23 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Before the City made a commitment to spend $3,500.00 for~the up- grading of~the signal at ~N~~ 2nd Avenue and Seacrest Boulevard, City Manager Cheney felt the City should ask the County to make it a part of the County maintained system.. Councilman deLong moved to approve the traffic signal maintenance as outlined in City Manager Cheney's memorandum dated January 5, 1982. The motion was seconded by Vice. Mayor Trauger. No discussion. Motion carried 5-0. Solicitation of Funds - Requested by Vice Mayor Tr'auqer Vice Mayor Trauge~ reported that several businessmen called him with regard to solicitation of funds. He realized the City Council approved, the sponsoring-of Black Awareness Day on Saturday, but even his wife was solicited for funds on it. The solicitation was on City stationery, prepared by the City Clerk's office, and over $66.00 of City funds were used in mailing for almost a private operation. Although the Council had put it in by Proclamation, Vice Mayor~ Trauger did not think it was appropriate for a City Councilman to use his office to go out raising funds for a private endeavor, For a matter of policy, Vice Mayo~ Trauger said he was raising the question for the Council's consideration~ Councilman .Wright responded by saying that last year the City appropriated $500.00 for a~Black Awareness affair. The funds were extremely limited and very little could be done with that money. Councilm~n Wright told the Council a c©mm~ittee (of-which ~he is a member) serving this year were not impressed with the program last year. As a member of the committee, Councilman Wright Was asked to be Chairman of the Souvenir ~rogram Committee. Councilman Wright could not recall it being a private situation. He said he would think it would be a City funded project. Councilman Wright advised that the committee thought the funds appropriated by the Council were definitely inadequate in terms of doing what they wanted to do and having a good program. That was whY they solicited support from not only business people but private people as well. People in the churches were also solicited. Vice Mayor Trauger agreed that it was a good program but did not believe it was the intent of the sponsors to use City stationery, City clerks and $66.00 in postage, and then sign it and have them come back to Councilman Wright. If the City did it as the City of Boynton Beach and authorized it, Vice Mayor Trauger felt it would be different, but he did not believe it was the part of a Council- man to raise funds, using City stationery, postage, and signing it for a particular project. If the City does it, that was one thing, but Vice Mayor Trauger did not believe it was appropriate for a CounCilman to do it. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1R82 Vice Mayor Trauger recalled that a few weeks ago, the C©un~il "knocked out" the proposition of having Council approval for the solicitation of funds, Perhaps when it was knocked out, the Council was not thinking clearly, so Vice Mayor Trauger was ~aising the question again. There was light applause. Councilman deLong asked Vice Mayor Trauger if his point was that he had no objection to solicitation as long as it is done by the City. Vice Mayor Trauger replied, "Yes." Vice Mayor Trauger asked how many dollars were appropriated for the program. CoUncilman Wright answered, $750.00." Vice Mayor Trauger thought the cost of the postage and C±ty clerks should come out of the $750.00 or, if Councilman Wright wanted to sponsor it, out of the Councilman's expenses. Councilman deLong pointed out that these people are residents of the City, and the C±ty wishes to pay homage to them in a proper way. He thought they were entitled to it. Vice Mayor Trauger commented that was no problem. Councilman deLong asked Vice Mayor Trauger if his question arose from an individual signing the solicitation request, Vice Mayor Trauger said that was correct, using City stationery, City clerks, and City postage. Councilman Wright was trying to understand Vice Mayor Trauger's rationale and what he was saying. He asked ±f~a staff person should have signed the request. Vice Mayor Trauger replied that if Councilman Wright wanted to sol±eit funds that way, it was one thing for the City of Boynton Beach to do it, but he did not believe Counc±lmenlbers should solicit from all of' the.merchants in town funds on little deals. They get nicked to death constantly with dollars and dimes. Also, Vice Mayor T~au. ger continued, when it was signed by a Councilman, the people thought the City was putting un- due pressure on them to contribute. That was the comments Vice Mayor Trauger was gettfng. Councilman Wright said they could have called him if they had any questions because no one had to contribute anything if they did not want to, Councilman Wright wanted to return any~money Go anyone wh° did not want ~to support the program, He pointed out that other projects were held in the City and people were asked to support them. Vice Mayor Trauger informed him that a City Councilman does not sign it, using City stationery and City mailing. Councilman Wright told Vice Mayor Trauger he did not have to sign it; it was a City funded project. Councilman deLong thought if the City was sponsoring it, it should be under the authorization of the City as far as sending out requests. He told Councilman Wright no one could stop him from using his own name, individually, from also soliciting. Councilman deLong felt .the point Vice Mayor Trauger was trying to make was as long as it is a City program, then everything should be conducted in the City's name and not in the name of an individual. Vice Mayor Trauger added that he d±d not believe Council intended, after appropriat±ng the money, for a Councilman to go out and "dun" all the merchants for additional funds. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Councilman Wright stated it was basically for the program, and everything that was left over would be the City's money, Council- man Wright further stated it could be done differentlY in the future, but their organization did not halve a charter, so they cannot solicit. It could either be done jointly.with the City, or they could take the responsibility and do it. Basically, Council- man Wright sa±d, it was a City funded program. They had a committee meeting, and Councilman'Wright told the Council if any- thing was wrong, it should have been raised at that time. Vice Mayor Trauger advised that all he was saying was that if it is done again, they should go before the City Council~ If the Council sponsors it, fine and good,.-but they should not have an individual Councilman sign it and go. out with the inference that it was approved by Proclamation- (as "Black Awareness Day"~was) and solicit funds because funds had already been provided from the budget. Vice Mayor Trauger said that was all he was trying to make of this. Councilman deLong suggested that City Manager Cheney and Councilman Wright get together about the matter and get back with the Council. NEW BUSINESS Confirmation of Police Chief Appointment Mayor Harmening announced that City Manager Cheney recommended that Deputy Chief .William Hamilton be promoted to Police Chief. Vice Mayor Trauger moved that the City Council accept the recommendation of City Manager Cheney and promote Deputy Chief William Hamilton to Police-Chief, as he is an outstanding individUal, well-merited, and it shows that young policemen have an opportunity to become Chief, just like the last Chief. Councilman deLong agreed with Vice Mayor Trauger's sentiments most wholeheartedly, Therefore, he seconded the motion. Councilman Wr±ght asked City Manager Cheney what hewas recommend- ing in terms of a chain of command in the absence of the Chief of Police. City Manager Cheney said it could be taken care of, as needed, depending on who would be available of the three Captains. City Manager Cheney said proposed Chief Hamilton would indicate, for City Manager Cheney's approval, who would be acting Chief at a particular time. City Manager Cheney Said there were three equal Captains, and it would be worked out appropriately so there will be no question of coverage. The motion carried 5-0. There was loud applause. William Hamilton was swo~n in as Chief of Police by Tereesa Padgett, City Clerk. There was more applause. Chief Hamilton thanked City Manager Cheney and the Council for the trust they placed in him. He told them he would not let them down and hoped Boynton Beach would become the best Police Department in the State of Florida. Everyone applauded. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 ADMINISTRATIVE Donation from Cast-Off Square Dance Club Councilman deLong.moved to accept the $800.00 donation from the Castoff's Square Dance Club and also their recommendation for ceiling fan's. City Manager Cheney said the recommendation for ceiling fans would be investigated. Councilman deLong changed his motion to accept the $800.00 and instruct City Manager Cheney to negotiate with the Club with regard to the installation of the ceiling fans. Vice Mayor Trauger seconded the motion. The motion carried 5-0. Ratification of South Central Regional Wastewater Treatment & Disposal Board-Resolution - User Fees Councilman deLong moved that'the request for 'ratification .be granted, seconded by Couhcilmember'Wo01Ie~, Motion carried 5-0. Consider Community Relations Board Requests Councilman deLong moved to approve the recommendation of the Community Relations Board to give $1,000.00 for the January, 1982 operation of the after-care program by the Boynton Beach Day Care Center, and that it be given on a yearly basis; to grant approval for the Board to work with City Manager Cheney to set up a "Know Your City Government" program to be-held on March 18, 1982; and to grant approval for the Board to meet with representa- tives of Atlantic High SchOol and Lake Worth High School to determine the feasibility of a "Youth in Government Day" for Boynton Beach, The motion was seconded by Vice Mayor Trauger. Motion carried 5-0. Appointments to Civil Service Board As Councilman deLong felt the present people serving on the Board are doing a remarkable job, he moved to reappoint the people who are presently serving on the Board. Vice Mayor Trauger seconded the motion. Councilman Wright requested that the names of the members of the Board be read. Tereesa Padgett, City Clerk, informed Councilman Wright that Albert Furia, Chairman, and Stanley Weaver were appointed by the Council. Mayor H'armening added that there were also some other appointments. Mrs. Padgett further informed the Council that Alternate Members Dorothy Detwiler and Justine GObel were Council appointed. Councilman Wright referred to one employee who is doing an excellent job that he felt the Council should consider as an appointment. He noted that there was no guarantee that employees would appoint him again, and he wanted to place his name in nomination. - 27 - ~ M~NUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Mayor Harmening said that at the present time, the Council was consider±ng A1 Furia and Stanley Weaver as Members and Dot Detwiler and Justine Gobel as Alternates. Councilman Wright desired to appoint John Miller. Councilman~deLong changed his m~tion to be that nominations be open for appointments to the Civil Service Board, Councilman Wright seconded the motion. The motion carried 5-0. Councilman deLong placed into nomination the names of the people currently serving, A1 Furia, Stanley Weaver, Dot Detw±ler, and Justine Gobel. Councilman Wright pointed out that John Miller is doing remarkably well in attending meetings and going beyond the call of duty to serve the City, so he felt the Council should consider his efforts and consider him as an appointee. Councilman deLong moved that the nominations be closed, seconded by Vice Mayor Trauger. City Attorney Vance said Councilman Wright should designate whether John Miller should be cons±dered as a Regular or Alternate Member. Mayor Harmen~ng said he had queried Councilman Wright and Mr. Miller was to be a Regular Member. Councilman deLong's motion that the nominations be closed carried 5-0. A vote was taken on the appointment of Stanley Weaver as a Regular Member. The motion carried 5-0. A vote was taken on the appointment of A1 Furia as a Regular Member. The motion carried 3-2, with Councilmember Woolley and Councilman Wright opposing. The motion for Justine Gobel as an Alternate Member carried 5-0, and the vote was 5-0 to appoint Dot Detwiler as an Alternate Member. Councilmember Woolley asked to change her vote from "Nay" to "Aye" for A1 Furia as a Regular Member. Mayor Harmening said the vote would now be 4-1 for A1 Furia. Mayor Harmening asked the City Clerk to notify the people of their appointments to the Civil Service Board. ConSider Request from Chamber of Commerce to Use City Logo City Manager Cheney advised that the City logo was never copy- righted or patented, and he thought it would be good publicity for the City. Councilman deLong moved to allow the Chamber of Commerce to use the City logo, seconded by Councilman Wright, The motion carried 5-0. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Report - DER Workshop on Chapter 17~6 and 17~4, Revisions to Florida Pollution Control Associat±on Mayor Harmening reported that Dade and'Broward Counties and the South Central Region spoke very forcefully in regard to the use of primary treatment %o anyone in this area with an ocean outfal!, The Environmental Protection Agency will allow it, and the State has a law against it. Mayor Harmening further said that votes, are now available between the LegiSlature for Dade, Broward and Palm Beach Counties. Mayor Harmening advised it would cut sewer costs, and'he was amazed at the amount of support coming from Dade and Broward Counties. Councilman deLong asked what actiOn Mayor Harmening would reconnnend, Mayor Harmening said City Manager Cheney-, Perry Cessna~ Director of Utilities, and he discussed it. City Manager Cheney commented that there may be a~need to participate in a study of the ocean area ±n South Florida. Right now, all they want to do is keep everyone informed and, hopefully, keep the press informed that there is a possibility of saving millions of dollars if the regulations can be changed. City Manager Cheney informed the Council that it is a practice being used in the Pacific Ocean in California with no trouble. Mr, Cheney said they want to get the same thing here. The people have to be reminded it is a way to save money. The Gulfstream is out there and there is a lot of ocean. City Manager Cheney said it should be high- lighted as the savings in dollars would be great. Also, the increasing capacity of the sewer plant is great. Perry Cessna, Director of Utilities, thought they should get to the legislators. Broward and Dade Counties are already contacting their legislators. M~r. Cessna felt close to One Hundred Million Dollars would be saved if the City could get some action on it.. He felt it was important to the City's future, as costs will continue to escalate. Mr. Cessna further advised that Boynton Beach should get on the bandwagon. Mayor Harmening remarked that Boynton Beach was dragging its feet. Councilman deLong suggested that Council accept the report. ApproVal of Bills City Manager Cheney read the following bills for approval: Board of County Cc~missiOners FOr use of County Landfill for November, 1981 Pay frcm General Fund 001-341-534-40-9A $14,202.00 me Boyle Construction Company Est. ~11 pump Stations 316 & 319 for period 11/20/81 to 12/20/81 Pay frc~ Utility General Fund 403-000-169-11-00 75% Reimbursible from EPA Grant 71,016.44 - 29 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 Se o e 10. 11. 12. 13. 14. Davis Water & Waste IndUstr±es; Inc, For Odophos Liquid No. 1 delivered-to pumping stations Pay from Water & sewer Rev, 401-352-535-30-65 Firestone WholeSale Center Purchase of Tires under State contract #863-00-80-1 Pay from General Fund 001~193~5t9-30~22 Industrial EleCtric ~Motors Labor and Material to repair 40/18 ~HP two speed Allis Chalmers 460V Pay frc~ Water & Sewer Rev. 401-352-535-40-33 IBM Corporation System 34 Rental for December Pay from various depa~-h~ent General Fund Longview Lime Lime for Water Treatment Plant Pay from Water & Sewer Rev, 401~332-533-30-65 Neptune Water Meter Co, 400 Water Meters for Water Distribution Pay from Water & Sewer Rev. 401-333-533-60451 Palm Beach county Solid Waste AuthOrity ProportiOnate share of costs incurred feasibility study Leonard S. Weg~an Co,, Inc,/Barker, Osha & Anderson, Inc Pay from Federal Revenue Sharing 320-195~519-40~6I PhysiO-Control Yearly Billing for Maintenance Agree~ent on Life Pak 5 for 12/1/81 thru 11/30/82 Pay from General Fund 001~-221-522~40-31 O. M. Scott & Sons 103 bags of Sulfur for Parks Division Pay frc~ General Fund 001-722-572-30-61 South-Land Controls Co. 1 Wallace & Tiernan Chlorinator Pay from 1980-81 Budget 001,721-572-60-42 Per bid 8/25/82, Council approved 9/1/81 Isiah Andrews Driver for Senior Citizens Club 4 wks. Pay from Federal Revenue Sharing 320-641-564-40-5A Per Ordinance #73-15, passed 5/15/73 Willie Ruth McGrady Server for Senior Citizens Club 4 wks. Pay from Federal Revenue Sharing 320-641-564-40-5A Per Ordinance ~73'15, passed 5/15/73 $ 11,760.00 4,084.40 1,066.48 6,213.00 11,785.90 22,510,00 5,084,00 1,120.00 1,209,84 1,995,00 252.72 241.92 - 30 - MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 5, 1982 15. Publix Meals for needy & infirmed for November, 1981 Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 $ 29.47 16. Allen Insurance Agency Accidental deat'h policy for Police and Fire 3,780.00 Councilman deLong moved that the bills, having been found to be in order, be paid. The motion was seconded by Councilmember Woolley, and carried 5-0. Refund for Cemetery Lot Councilman deLong moved, seconded by Councilmember Woolley, to approve the request of refund of the purchase price of Lot 3, Block H, Boynton Beach Memorial Park Addition #1, less 20%. Motion carried 5-0. ADJOURNMENT Councilman deLong moved, seconded by Councilmember Woolley, to adjourn. The motion carried 5-0, and the meeting was properly adjourned at 10:05 P, M. CITY OF BOYNTON B~CH ~ cording Secre~ry '(Four Tapes) ~ - 31- 6-p. APPENDAGE to Minutes of 1/5/82 Reg. City Council Mt'g See page 5. IV. BIDS: A G E lq D A January 5, 1982 Ao Three New 25 Cubic Yard Rear-Loader Packers - Public Works Bo One New 35 Cubic Yard Front-Loader Packer - Public Works In response to~'the pDstponement of the award of bids for sanitation trucks at the December 15, 1981 City Council Meeting, Broward Truck and Equipment Company has submitted their written explanation of their protest of the recommendation of the award. That written re- commendation is attached, as well as a memorandum from the Director of Public Works. In Summary: The Cit~ is proposing to purchase three rear-loading sanitation vehicles and has recommended the award to ~t. E, Mason Company. The difference in price per vehicle is only $~4tI., not the $711 indicated in the letter from Broward Truck, because an additional $300 will be required to install the rear sliding door to cover the hopper when the vehicle is on its w~y to the landfill. That item was requested in the bid and was a part of }t Fo Mason's base bid. ' The recommendation for purchase therefore revolves around the matter of'$411 and the issue of an International Truck or a Ford Truck. Past experience with International vehicles in regard to maintenance and parts supply, as well as repair records, versus the same for the Ford product is. the reason that the bid for }t. F. Mason Company is recommended for approval by the City Council in spite of the $411 savings per truck. The issue stated in the second paragraph of Broward Truck's letter concerning the Pac Mot body is moot since the Pac Mor body that was bid does not meet the high compaction requirements put forth in the City's bid documents. This is confirmed by reviewing the 1982 Sanitation Industry Yearbook which lists all the equip- ment that is available and the specifications for each. A Pac Mot 300 series would have met the specifications, but probably would not have been a competitive bid. AGENDA.- January 5, 1982 IV. Bids - A. & B. Page 2 Paragraph 3 of Broward Truck's letter suggests that personal preferences of an individual should not .enter into an award of a bid. If personal "experience" of a number of individuals involved with the City's sanitation program confirms that one product appears to be superior to another, and the price differential is'close, I believe it is appropriate to consider that personal experience° In addition, the 3rd paragraph of the letter indicates that the Pac Mor body and the International Truck meets the specifications. It is the staff's conclusion that 'the Pac Mor body bid does not meet the specifications. e The city is proposing to purchase one front~ loader and the price differential here is about $5,000, the quote of Ford being lower than Broward Truck. In comparing these bids, neither 9f the two companies precisely met all the specifications. In the bid documents Broward Truck did not not indicatW~ that it was providing a rear axle in excess of that required, that imformation was put. forth first in their December 17,~ 1981 letter,-and is thereforet not a part-of the bid award consideration. Neither company met~ the speC's for the ti~es, although there Mere only minor d~ifferences in both. The engine supplied by Coastal Ford is a 210 h.~. engine in a Ford vehicle° The question therefore presented revolves around the issue of accepting the 210 h~.p. engine which is adequate in return for saving approximately $5,000. In this case this large savings is recommended. I agree ,completely With the point made in the last paragraph of page 1 of Broward Truck's letter that "Bidding municipal business is a time consuming task that must be done by knowledgeable professional." Because the City. desires to do its bidding in a professional way, it has been very carefUl to put into all t~ bid specifications a set of General Conditions that clarify many matters that in the past have become confused in the bidding process. In regard to Broward Truck's bid and recent ietter~ I would refer Section 6a, 7, 10, & 16 of the General Conditions to the City Council and Broward Truck for review. The fact that the City includes these General Conditions in each of the bid packa~ of the city indicates that the City is concerned with carrying out its proc'edures in a professi_~on~l manner. Pet/er L~ Cheney, Cit~Manager PLC: sr cc: Bill Sullivan Rick Walke M E M O R A N D U M December 29, 1981 FROM: DIRECTOR OF PUBLIC WORKS TO: CITY MANAGER SUBJ: BID INFORMATION 1. This "memo" is ih response to Broward Truck & Equipment Co. Inco, letter dated DecemBer 17, 1981~ protesting the awarding of bid's to H.F. Mason Co. I will attempt to answer the letter step by step. 2. First, there has been no "awarding" of any bid's for Sani= tation vehicles to H.F. MasOn Co., or any other Company at this time. 3. Broward Truck's statement "We bid these packer's with the understanding that the low bid would receive the award" is com- pletely erroneous. My specifications do not state the awarding of the bid on a low bid only basis. The low bid is not always the.best bid° 4. Broward Truck is claiming to be low by $711.00 per unit or $2,133.00 total, they are low by $411.00 per unit or $1,233.00 for three. Mason's bid includes the $300o~00 b~.k sliding door to the hopper° This is the (3) Rear Load bid. 5. The alternate bid by Broward Truck was a "Pac-Mor" body. This was not the High Compaction body or the top of the line model requested. I personally spoke to Broward's sales represen- tative and stated to him that we were only interested in a High Compaction model body~ prior to the submission of the bid's. 6. Regarding the Front End loading vehicle, no one bidder met all listed specifications. Broward Truck and Coastal Ford did not meet the axel specifications.or brake specifications. Broward was over specifications ~ in the engine horsepower and Coastal was under. Both enginets will do the job satisfactorily. The difference of $4~797.24 is too great for me to recommend a larger engine when the smaller engine would suffice. 7. I agree with the Broward Truck statement that the bidding process is time consuming and should be done by a professional. This is not always the case however, as many representatives make contact with me on a weekly, monthly and yearly basis° Browardw Truck has contacted me twice, both times just before bid time. Personal preference is taken very lightly by Broward Truck, but this is very important to me. My decision was based on many interviews with drivers, mechanics, citizens of Boynton Beach, other Public Works personnel and Truck Companies. We have spe- cific needs in Boynton Beach and my decision is based on our needs, not what a Truck Company wants to sell the City~ RSW:he cc: Purchasing Dir. Equipt. Maint. Supv. Sincerely, 2909 South Andrews Avenue · Ft. Lauderdale, Florida 33316 BROWARD TRUCK & EQUIPMENT CO., INC. · (305) 523-5484 City of Boynton Beach, P.O. Box 310 Boymtom Beach, Flo 33508 Attention: Peter L. Chency City Manager December 17, 1981 Re: Bid for 3 - 25 Cu.Yd. Rear Loading Packers 1 - 35 CuoYd. Front Loading Packer Dear Mr. Chency, We wish to protest the award of three rear loading garbage packers to HoF. Mason Co. We bid these packers with the understanding that the low bidder Would receive the award° Naturally, the low bidder must meet your specificat!ions. We were low by $711.00 per unit or $2,133.00 for three. We used ~the same body as Mason. This is not a large difference~ but, it is low bid° As an alternate we bid ~he Pac ~Ior body° It conforms to all your specifications° With the Pac Mot we are $5041.00 low per unit, $15,123o00 for three° This is considerable and deserves close scrutiny° We feel tha~ if you write the specifications and our body and chassis conform to these specifications, we are entitled to the award. The personal preferences of any individual should not enter ito The International truck and the Pac Mot body meet your specifications. As for the 35 ydo front loader, we feel Ford did not meet specs. You called for at least a 230 hop . engine, Ford supplied a 210 hopo engine° We supplied a 250 h.po engine. This put us in a unfavorable pricing situation. We also wonder what rear axle Ford used. 44,000 pound rear axle. We supplied a 46,000 pound rear° meet specs or their bid should be disallowed. You called for a Either Ford should Bidding municipal business is a time consuming task that must be done by knowledgeable professional° All this time, effort and talent is wasted when the low bidder who conforms to specs is not awarded the bid. International Trucks · Parts · IH All Makes · Detroit · Cummins · Night Service -2- If the bidding process is being used only to keep- a favorite supplier honest, we frankly don't need'the exercise. We hope you can understand our point of view. We are very interested in your reply. Very Truly Yours Sales Manager Mayor of Boynton Beach. DP/cl 2-p. APPENDAGE to ~nutes of 1/5/82 Reg. City Co~cil Mt ' g See page 19 ORDiN~CE NO. ~ - 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $ 6 7~'D ~ BONDS OF THE CITY OF BOYNTON BE~CH, FLORIDA, FOR PROVIDING FUNDS., TO- GETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF DEVELOPING RECRE- ' ATIONAL AND MUNICIPAL BEACH FACILITIES IN THE CITY OF BOYNTON BEACH CONSISTING OF THE CONSTRUCTION OF A RECREATIONAL BUILD- ING AND PARKING AREAS AT THE SITE OF THE MUNICIPAL BEACH, THE CONSTRUCTION OF IM- PROVEMENTS TO PRESERVE THE DUNES AND ~iTHE BEACH, TOGETHERWITH ANY EQUIP- MENT AND LANDSCAPinG NECESSARY OR DESIRABLE IN CONNECTION THE~WITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. WHEREAS, it is necessary that'the City of Boynton Beach develop recreational and municipal beach facilities, in the City of Boynton Beach consisting of the construction of a recreational building and parking areas at the site of the municipal beach, the construction of improvements to preserve the dunes and nourish the beach, together with any equipment and landscaping necessary or desirable in connection therewith; and WHEREAS, to pay all or a part of the cost of the above, it is necessary to issue the b~onds of the City as hereinafter provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CItY OF BOYNTON BEACH, FLORIDA: Section 1. For the purpose of providing funds, to- gether with any other available funds, for paying the cost of developing recreational and municipal beach facilities in the City of Boynton Beach consisting of the construction of a recre- ational building and parking areas at the site of the municipal -1- beach, the constructiOn of improvements to preserve the dunes and~the beach, together with any equipment and landscaping necessary or desirable in connection therewith, there shall be issued, subject to the election hereinafter provided for, bonds of the City-of Boynton Beach, Fiorida, in an aggregate principal amount not exceeding Dollars ($'/~ ~0~+~ },'maturin~ at such time or times not exceeding thirty (30) years from their date or dates as may be determined by the City Council, and bearing interest at a rate or rates not exceeding'the maximum rate then permitted by law, and to be payable from u~limited ad valorem taxes. Section 2. A special election is hereby called to be held on March 2., 1982 in conjunction with· the regular municipal election to be held on such date, for the purpose of submitting to the' qualifie~ electors of the City the question whether such bonds shall be issued. ~' Section.~. - This ordinance shall be read in full at two separate meetings not less than te~ (10) days apar~ and shall at least seven/~7) days prior to its passage on second reading be noticed once in a newspaper of general circulation in the City of Boynton Beach, which notice shall state the date, ~ime and place. 'of the meeting at which this ordinance will be passed on second ~ reading, the title of this ordinance, the place where this ordinance may be inspected by the public and shall also advise that interested parties may appear at said meeting and be heard with respect to this ordinance. Section 4. This ordinance shall take effect immediately upon its adoption.