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Minutes 11-18-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 18, 1986 AT 7:30 P. M. PRESENT 'Nick Cassandra, Mayor ~Carl zimmerman, Vice Mayor !Ralph Marchese, Councilman Ezell Hester, Councilman Dee zibelli, Councilwoman Peter L. Cheney, city Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney ,Mayor Cassandra called the meeting to order at 7:30 P. M. ~After a moment of silent prayer, he said a short prayer and then led everyone in the Pledge of Allegiance to the Flag. AGENDA APPROVAL City Manager Cheney called attention to the sheet entitled "Additions to the Agenda", which he read. He wanted to delete bill 917 under "N. Approval of Bills" in the CONSENT AGENDA. Under "X. NEW BUSINESS, Vice Mayor zimmerman added "E. 'Matters Relating to Current Litigation." ~Mayor Cassandra added a letter from Former Councilman Robert Ferrell under "ANNOUNCEMENTS" and wanted to move "A. Consider selection of replacement fOr Councilman Robert Ferrell" under "NEW BUSINESS" up so that it would follow "ANNOUNCEMENTS". He pulled item 6, "Consider request sub- mitted by Doug Long, Agent and Owner, for site plan approval of an amended site plan to allow for a storage addition" from "D. Development Plans", under the CONSENT AGENDA. Mayor Cassandra also added a Special Council Meeting on November 25th under "ANNOUNCEMENTS". Councilman Hester moved, seconded by Councilwoman Zibelli, to accept the Agenda as corrected. Motion carried 4-0. (Mr. Marchese had not yet been appointed Councilman.) ANNOUNCEMENTS 1. Proclamation Mayor Cassandra read the following Proclamation: Proclamation - Family Week - November 23 through November 29, 1986 - 1 - ~4INUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 2. Letter from Former Councilman Robert Ferrell Instead of taking up the Council's time with a farewell speech, Former Councilman Robert Ferrell wrote a letter, which Mayor Cassandra read, and which is attached to the original copy of these minutes. Special City Council Meeting, Tuesday, November 25, 1986 at 7:30 P. M. Mayor Cassandra announced that this meeting was requested by Councilwoman Zibelli to discuss rules and regulations for rental properties. 4. Announcement: Mayor Cassandra announced that the United States Tennis Association's 1986 Outstanding Facility Award for excellence has been awarded to the Boynton Beach Racquet Center. A ceremony is planned for Friday, November 21st, at Noon, at the Racquet Center. City Manager Cheney informed everyone that the United States Tennis Association made six awards in 1986 (two for small centers, two for large centers, and two for~even larger centers). Boynton Beach Racquet Center and Isla Verde in Puerto Rico were the two cities that got the small center awards in 1986. NEW BUSINESS Consider selection of replacement for Councilman Robert Ferrell Mayor Cassandra informed the audience that the Council had a Workshop Session yesterday where, by a consensus of opinion, they narrowed down the five candidates for the vacancy to three: Ben Uleck, George DeLong, and Ralph Marchese. Mayor Cassandra asked if the Council was ready to appoint one of the three persons as a Councilman for District 1. Councilman Hester nominated Ralph Marchese. City Attorney Vance confirmed that a nomination does not require a second and they could take a voice vote. The vote was 4-0. Acceptance of Ralph Marchese's Resignation from Civil Service Board Mr. Marchese accepted the position and submitted a letter to the Council, wherein he resigned as a Member of the Civil Service Board. - 2 - MINUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Vice Mayor Zimmerman moved to accept the resignation, seconded by Councilman Hester. Mayor Cassandra added that a letter of thanks for giving his time should be sent to Mr. Marchese. Motion carried 4-0° Ralph Marchese sworn in as Councilman for District 1 Mr. Marchese was called forward and was given the Oath of Office and the Oath of Loyalty by Betty Boroni, City Clerk. There was applause. Councilman Marchese was welcomed by the other Members and took his seat on the Council. Mayor Cassandra asked Messrs. DeLong and Uleck to stand and thanked them for offering their time to the City. There was applause. Name Plate Presented to Former Councilman Ferrell The Council felt f~ormer Councilman Ferrell's name plate should be on his desk at home and presented it to him. was applause. There CITY MANAGER'S REPORT A. Report on Solid Waste Transfer and Disposal City Manager Cheney thought probably one of the most important problems at the moment had to do with the whole issue of solid waste~ land fill, and what the City is going to do very soon with the solid waste it creates each day. There has been a lot in the papers about this and a lot of concern among the Officials in the Solid Waste Authority. As of the end of March, the Lantana land fill will close. Probably, the City can take its solid waste to Delray Beach Transfer Plant, but City Manager Cheney said that will mean the City will be there with all of Delray Beach and Boca Raton in the long, backed up lines. Very soon, Dyer land- fill will close, and he did not know what would happen after that. City Manager Cheney said the City is at a point where some- body has to start to support the County Commission on their deliberations as to zoning on land fill sites and all of the other issues that relate to solid waste. The County Commission is facing trying to select a site and getting thousands of letters every time a site comes up. Technical studies have been made as to where the various land fills should be placed. - 3 - ~INUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 If the City does not solve the problem soon, City Manager Cheney warned that they will be faced with possible mandatory newspaper recycling and aluminum can recycling. It will be demanded that all of the "stuff" be cut up to at least four feet or less, which is in the City Code but not enforced right now. The City is going to evaluate the possibility of taking all of the vegetation material and seeing what it will cost to ship it instead of sending it to land fills, and the City may have to stagger its pickup schedules so that they pick up much earlier in the morning or later in the afternoons in order to not stand in line for a couple of hours to dump the trucks. As the months go on between now and March, if they begin to talk about earlier collection schedules or more stringent regulations on the kind of material the City will take, City Manager Cheney thought by saying this now, people would be less surprised. He advised that it is getting to be a very serious situation. When the Lantana land fill closes, it will cost the City money to take the stuff some place else. City Manager Cheney told the Council he will keep reporting on what the City's problems are. B. Golf Course City Manager Cheney reported that there are now 802 golf course permit holders. The permits are cut off for the remainder of this year. Ce Grants from Federal Government for Sewer Lines, Lift Stations and Pump Stations At one time, City Manager Cheney said the City received a total of $6,500,000 in Federal grants for a project that he believed started back in 1974. Some years ago, when Grady Swann, Finance Director went to a conference on Environmental Protection Agency (EPA) audits, he was told that generally, when they do a final audit for grants, they find about 10% of the grant has to be returned because it was not properly spent or accounted for or there were changes in the project. City Manager Cheney said the City had an audit on the project. If they had to return 10%, it would have been ~650,000. The initial report of the Auditors raised a claim of $10,000. Since that time, Mr. Swann and Mary Munro of his department got it down to $3,000. City Manager Cheney thought that was outstanding. - 4 - ~INUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 D. Answers for Wilda Searc¥ At the last meeting, Mrs. Searcy, 402 N. E. 13th Avenue, raised questions about some things she wanted a report on. City Manager Cheney promised to have answers to those ques- tions at the next meeting. He explained that he had been up north. Mayor Cassandra added that Mrs. Searcy called him about an 18 wheeler on N. E. 13th Avenue. He referred her request to Mr. George Hunt, Assistant City Manager, but Mr. Hunt's mother passed away, so nothing had been done. As there were no questions, the City Manager's report was accepted as presented. PUBLIC AUDIENCE ayor Cassandra announced that anyone wishing to speak on an tem not on the agenda could do so now. He preferred that they fill out one of the forms at the back of the room but said they would be allowed to speak after the people that filled out forms spoke. Anyone who wished to speak on an item on the agenda should fill out a form and they would be ~alled when that item comes up. He emphasized that no one could speak during first reading of an Ordinance and must wait until it comes before the Council for second reading. Codes Enforcement Lottie Pierce, 203 N. E. llth Avenue, has been calling and talking to the Codes Enforcement Officers for the last two ears, and nothing has been done. At 138 N. E. llth Avenue, there is a trailer tractor, all kinds of old trucks, cars, buses and everything parked there. They come down on Friday. he next day the Officer comes and puts a red tag on it. he following day someone takes it off. That is the way it has been for the last three years, and some of that stuff has been there that long. Mrs. Pierce was tired of looking at it. Mrs. Pierce stated that she is concerned, but she gets no help, especially on the truck that has been there and stays there. They also came with an old boat, a camper, an old bus and old car. Councilwoman Zibelli asked who owns the property. Mrs. Pierce answered, ,Andrews." City Manager Cheney said he could not answer Mrs. Pierce's question tonight but would answer her in two weeks. - 5 - ~INUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Normally, Mayor Cassandra said there is a follow up procedure that directly goes to the Codes Enforcement Board. He did not know why that had not occurred. Regardless of who pulls the red tag off, the carbon copy is with the Codes Enforce- ment Board. He told Mrs. Pierce the City Manager would get an answer back to her, and the City will definitely get some action on it. Condemned Houses Mrs. Pierce asked why the City puts signs on old, dilapidated houses saying they are condemned and then lets them stand around. She was referring to houses between N. E. llth and N. E. 10th Avenues. City Manager Cheney did not know the addresses but explained that two or three things happen. If a house is boarded up and not a hazard, the City cannot have it torn down. If it is boarded up and is safe, it is there. If it is a hazard, the City must get a title search, find out who owns it, and then turn it over to the County Community Development Department. The County works on getting it demolished. Mrs. Pierce referred to a condemned house that was on the corner of N. E. 13th Avenue. Someone set it on fire, and the City is still letting it stand there. Mrs. Pierce thought something should be done about this. Councilwoman Zibelli reminded City Manager Cheney that he will be meeting with Allan M. Schnier, Palm Beach County Housing and Community Development, and said that should solve the demolition. Rentals, Sanitation, and Codes Enforcement Mrs. Pierce drew attention to owners of rental property who let people just throw raw garbage out on the road. She emphasized that it should stop. A man used to look after the houses to see that they were kept clean, and Mrs. Pierce wondered what happened to him. She stated that someone had to make a survey and see what is going on up there. Vice Mayor Zimmerman told Mrs. Pierce to get the addresses. City Manager Cheney said the City has Codes Enforcement Officers but they cannot be there all of the time. Mrs. Pierce became adamant and said they should have someone out there with a walkie talkie that could call in right away. Councilwoman Zibelli informed Mrs. Pierce that the Codes Enforcement Department is very active in the north end right - 6 - ~4iNUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 now, since they hired the extra Officers. Three Codes Enforcement Officers were just hired on the 1st of October, so there are now four Codes Enforcement Officers. Mrs. Pierce thought one Officer should be black. She also thought the Officers should walk instead of ride so they could see more. Councilman Hester understood Mrs. Pierce's problem but did not think keeping someone out there would completely solve the problem. It can be cleaned up one day and back the next day. Councilman Hester told Mrs. Pierce she should call when she sees that going on. Mrs. Pierce reiterated that someone with a walkie talkie should be there in the late afternoon, when they bring all of this stuff in. The owners of the rental property do not even give the people garbage cans, so they just throw their garbage out. Councilwoman Zibelli said that was the reason why the Council is having a workshop on new laws for rental properties. Permits Jesse Ervine, 3049 North Seacrest, has lived here for 13 years. On the 4th of this month, his wife applied for a permit to put up a 250 foot chain link fence. Three days later they were told they would receive it in the mail. It has been two weeks, and Mr. Ervine wanted to know how long it takes to get a permit in Boynton Beach. He informed Councilwoman Zibelli the fence would be four feet high. Mr. Ervine thought this was ridiculous because Lantana gives you a permit in three days and you can get one in two days at Lake Worth. If he owned a fence company in the City, Mr. Ervine said he would move out. City Manager Cheney asked if Mr. Ervine was putting the ence up himself. Mr. Ervine answered that he was. City anager Cheney said that normally, it would just take a day or two to get a permit. Two different weekends, Mr. Ervine said his sons have come to help him put up the fence. He gave City Manager Cheney his phone number, and City Manager Cheney said he would call tomorrow. - 7 - ~iNUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 CONSENT AGENDA A. Minutes Regular City Council Meeting Minutes of November 5, 1986 B. Bids 1. Hach DR/3000 Spectrophotometer or Equal - Utilities The Tabulation Committee recommended awarding the bid to Hach Company, Loveland, Colorado, in the amount of $3,225. Sole Source Purchase of Furnace Atomizer and Integration Cable - Utilities By memo dated November 15, 1986, John A. Guidry, Director of Utilities recommended that this be purchased from Fisher Scientific Instrumentation Laboratories, Orlando, Florida, in the amount of $7,200. Tennis CoUrt Resurfacing - Galaxy Park and Pioneer Canal Park - Recreation The Tabulation Committee recommended awarding the bid to Hardrives Company, Tennis Division, Lake Park, Florida, in the amount of $7,102. C. Resolutions Proposed Resolution No. 86-FFFF Re: Release of Performance Bond - Sky Lake Plat #2 North of Old Boynton Road - East of E-4 Canal) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING IMPROVEMENTS AND RELEASING THE PERFORMANCE BOND FOR PLAT II OF SKY LAKE, RECORDED IN PLAT BOOK 46, PAGES 81, 82 AND 83, IN THE RECORDS OF THE COUNTY CLERK, PALM BEACH COUNTY" Proposed Resolution No. 86-GGGG Re: Final Plat Approval - Post Landing (East of Mahogany Bay - West of Congress Avenue "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR POST LANDING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" - 8 - ~INUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 De DEVELOPMENT PLANS Consider Excavation & Fill Permit for Off Site Haul- ing - Chalet IV Plats 1 thru 4 (a/k/a Sandalwood) - (South of Miner Road extended -~West of Congress Avenue) By memo dated November 13, 1986, Tom Clark, City Engineer, wrote that the City Staff recommended approval of this, subject to staff comments, as outlined in said memo. Consider Excavation & Fill Permit for Off Site Hauling - Meadows 300 Tract E - (West of Meadows Blvd. - South of L-19 Canal) Mr. Clark recommended approval, subject to the staff comments in his memorandum of November 13, 1986. m Consider request submitted by David Flinchum, Agent for The Babcock Company, for a replat of a portion of Tract D to eliminate seven single family lots in order to allow for the construction of a private recreation facility. This development is located on the west side of Congress Avenue, south of Hypoluxo Road The Planning and zoning Board unanimously recommended approval of this request, subject to staff comments. Consider request submitted by David Flinchum, Agent for The Babcock Company, for site plan approval to construct a private recreation facility and landscap- ing at Tract D of the Meadows Planned Unit Develop- ment on the west side of Congress Avenue, south of ~poluxo Road The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. Consider request submitted by Universal Medical Buildings, Inc., Agent for O. Alan Jared, et al, for site plan approval to construct a 54,567 square foot medical office building on 3.38 acres located on South Seacrest Boulevard at S. W. 26th Avenue, northwest corner The Planning and zoning Board unanimously recommended approval of the request, subject to staff comments. E. List of Payments October, 1986 See list attached to the original copy of these minutes. - 9 - ~INUTE~ - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Approve Transmittal of Road Improvement Fees to Palm Beach County By memo dated November 6, 1986, Grady Swann, Director of Finance, recommended that these collections be transmitted. Approve authorization to dispose of records - Personnel William H. Sullivan, Purchasing Agent, wished to destroy records listed in his memo of November 6th, No. 72. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of November 6, I986 Resolution No. 86-1, providing Indemnification Rights to its Directors, Officers and Employees "A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PROVIDING INDEMNIFICATION RIGHTS TO ITS DIRECTORS, OFFICERS AND EMPLOYEES" 2. Change Order No. 3, Foster Marine Contractors Charles H. Perron, Project Engineer Engineer, Russell & ~xon, Inc., by letter dated October 17, 1986, wrote that ~his will increase the contract price of $645,513.98 to $684,244.03. 3. Change Order No. 4, S. G. Phillips Constructors In his letter of October 31, I~986, Mr. Perron wrote that this will increase the contract price to $9,647,051.60. Rgclassifying the position of Superintendent (including new Job Description, Salary Schedule, and Chart of Organization) Consider request submitted by Mr. Ed Duggan, Project Manager of Oakwood Square, for approval to place a leasing trailer at the northwest corner of the property in conjunction with the construction of Oakwood Square Shopping Center located at Congress Avenue and Old Boynton Road The Building Department recommended approval. The trailer will remain on site for the duration of construction of Oakwood Square Shopping Center. - 10- ~INUT~S - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Je Consider request submitted by Mr. Milan Novotny, Partner of West Industrial Associates, for approval to place a temporary construction trailer on Lot 14, Boynton Beach Industrial Park North, specifically 1300 W. Industrial Avenue, in conjunction with the construction of an Industrial Warehouse "Building A" The Building Department recommended approval. The construc- tion trailer will remain on site until February, 1987, at which time it will be removed. Ke Approve request submitted by the Banana Boat to put up Christmas Display (same as in previous years) Tom Blum wrote in his letter of November 12th that they will begin construction of the display on December 1st and will complete dismantling in January. Approve request for zoning approval for Alcoholic Beverage License Fon Shan Chinese Restaurant & Lounge 4735 North Congress Avenue Boynton Beach, Florida 33435 Bert Keehr, Deputy Building Official, in his memo of November 4, wrote that zoning at the above address permits the sale of beer, wine and liquor for consumption on premises in conjunction with a duly licensed restaurant with a seating capacity for 150 patrons. N. Approval of Bills See list attached to the original copy of these minutes. Bill 917, Post, Buckley, Schuh & Jernigan, Inc., Inv. No. 6, in the amount of $51,530.13, for professional services rendered from 4/26/86 thru 9/26/86 on the Boynton Beach land fill closure project, to be paid from the Sanitation Fund, was deleted. City Manager Cheney had explained that the whole issue of land fill would be discussed at the next Council meeting, and he wanted to have this bill approved then. The following bill was added for payment: 1st and Final Payment for Temporary Parking Lot for Devcon International Corp ......... $3,483.00 - 11- ~iNuTE's - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Oe Water Service Agreement Outside the City - Jerry and Alice Hertel John A. Guidry, Director of Utilities, by memo dated November 17, 1986, recommended that service be approved. Mayor Cassandra wanted to raise a question about this but did not want it pulled from the Consent Agenda. Boynton Beach Boat Club Park Expansion Project Change Order No. 3 In his memo of November 17, Charles C. Frederick, Director, Recreation & Park Department, wrote that there is no change in the contract price but a seven day extension to the completion date. He recommended approval of the change order request. Councilman Hester moved to approve the Consent Agenda, items A, 1; B, 1, 2, and 3; C, 1 and 2; D, 1, 2, 3, 4, and 5; E; F; G; H, 1, 2, 3, and 4; I; J; K; M; N with the deletion of Bill #17 and the addition shown above; O; and P. Council- woman Zibelli seconded the motion, and the motion carried 5-0. D. Development Plans (Pulled from the CONSENT AGENDA) Consider request submitted by Doug Long, Agent and Owner, for site plan approval of an amended site plan to allow for a 19,000 square foot storage addition between buildings D and E. This site is located east of Congress Avenue, north of S. W. 30th Avenue The Planning and Zoning Board unanimously recommended approval of the request, subject to staff comments. At the Community Appearance Board (CAB) meeting, Mayor Cassandra could not see the second building, which will be a two story building. Carmen Annunziato, Director of Planning, advised that the building is just south of the canal in Golfview Harbour. Mayor Cassandra was concerned that it would stick up like a sore thumb in a one family area and was also concerned about the landscaping that is there now, which the City has no control of. He recalled you could see the wall. Mayor Cassandra did not know if he would like two story construction there. He believed it was to be a solid'corrugated type of metal wall. - 12- ~NUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Mayor Cassandra heard at the CAB meeting that there was no landscape requirement, and he was concerned about Golfview Harbour homes looking at the first building and now a two story building. David Zelch, Architect, Zelch & McMahon Architects, repre- senting Doug Long, confirmed Mayor Cassandra's statement that they have a Mega Mini Warehouse on the canal and said it is a one story structure, approximately 15 feet high. This building will be about 20 feet high. Mayor Cassandra asked if there was any way to improve the landscaping of the one story building on the side of the canal. He did not want to pressure Mr. Zelch because there was nothing the city could do but thought, if they wanted to be a good neighbor and improve the landscaping, it might improve the acceptance of it. Mr. Zelch was not that familiar with what is presently planted there, but he was sure Mr. Long would be willing to improve the landscaping. In looking at the drawing Mr. Zelch submitted, Mayor Cassandra could see the building was going north/south and what the homeowners would see would be the width of the building. He reiterated that it would be nice if the owner would improve the landscaping on the north side of that building, where the residential homes are. Councilwoman Zibelli moved, seconded by Vice Mayor Zimmerman to approve the amended site plan. Motion carried 5-0. Approve Coconut Lane Associates Request for Water Service and Variance from Requirements for Sewer Service (This item was pulled from the CONSENT AGENDA.) Mayor Cassandra explained that he pulled this from the Consent Agenda because the Utility Director did not recommend approval of it and, therefore, it should not have been on the Consent Agenda. They are all septic tanks, and Mayor Cassandra thought the City's procedure was that if they want water, a sewer connection also would have to be approved. Ideally, it seemed to City Manager Cheney that everything should have a sewer. This site will be 1/2 acre lots. It is in the County, and if you can build on a 1/2 acre lot, you can have a well. City Manager Cheney advised that the applicant did not have to get the City's water. The City would like for the applicant to put the water line in there, - 13 - ~INUTEs - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 which he is willing to do, in order to tie in the rear of Hunters Run gradually out to Military Trail and provide a loop around the whole way as a part of a move to the rear of Hunters Run. The applicant is not willing to put in the sewer but will put in septic tanks. If the City will not give the applicant permission to have just water and not sewer, City Manager Cheney said the appli- cant will have wells and septic tanks. If the City gives him permission to have water and not sewer, the applicant will put in a major pipe which will assist the City in loop- ing its whole system, and it will be a major asset to the rear of Hunters Run and the whole southwest conduit system. If the applicant was going to have lots less than 1/2 an acre, City Manager Cheney said the County would require a sanitary sewer. It is a catch 20 type of situation. In his memo of November 5, City Manager Cheney said John Guidry, Director of Utilities, did not recommend that the City do it. City Manager Cheney felt if the County was allowing septic tanks on 1/2 acre lots, that was the County's policy and the County's regulation. If the City could waive its requirement on sanitary sewer in this case and have Mr. Alexander A. Simon, Jr. construct this water line, City Manager Cheney thought the water line would overcome the negative of not getting a sewer. If it was in the City, the City would not do this, but it is not in the City. City Manager Cheney elaborated and recommended that the Council waive the requirement of a sewer, get the water line, help out Hunters Run, and help the water distri- bution system in that part of the City. Mr. Guidry informed Vice Mayor zimmerman it is about 2,000 feet from Hunters Run. The capital cost is the plus side of $100,000. City Manager Cheney told Mayor Cassandra the applicant's property is not contiguous to any portion of the City and is not annexable at the moment. Mayor Cassandra understood City Manager Cheney's concern but did not feel septic tanks were good, regardless of where they are, and he referred to the City's concern about pollution of its water. Mr. Guidry agreed with City Manager Cheney that the applicant will have septic tanks whether the City likes it or not. Mayor Cassandra was not receptive to a variance in that par- ticular area. Vice Mayor zimmerman noticed that the County - 14- ~iNuTEs - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 cut down the density from six units per acre to two, but if they had six units per acre, a sewer would be required. City Manager Cheney thought that was why they cut down on the density. The applicant is over sizing the water line and will get capital facilities credit. City Manager Cheney reiterated prior statements and said it was a policy question. Councilman Hester moved to approve Coconut Lane Associates' request for water service and a variance from requirements for sewer service. Mr. Marchese seconded the motion, and the motion carried 4-1. Mayor Cassandra voted against the motion. PUBLIC HEARING Consider request submitted by Tim Lynch, Agent for Boynton West Corporation for the abandonment of a six foot utility easement on Lot 64, Plat 1, Tract B, of Meadows 300 PUD Mr. Annunziato said this is a request for abandonment of an easement which is for drainage. The Planning and Zoning Board reviewed the request at public hearing last week and voted unanimously for it to be approved. It was reviewed by Utilities subseqent to the P&Z Board meeting and was found to be of no future use for public purposes. Mayor Cassandra asked if anyone wished to speak in favor or against the request, and there was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Zimmerman moved, seconded by Councilman Hester, to grant the request. Motion carried 5-0. DEVELOPMENT PLANS ae Consider request submitted by Rick Rossi, P. E., Agent for Deutsch-Ireland Properties, for approval of the construction plans and nine preliminary plats which pro- vide for the construction of infrastructure improvements to serve a 540 acre light industrial park in connection with a previously approved Planned Industrial Develop- ment. This development is located on the west side of 1-95 between the Boynton Canal and Miner Road extended Mr. Annunziato explained that this was not on the Consent Agenda because several questions were raised by the appli- cant with respect to some staff comments, which were - 15 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 addressed by the Planning and Zoning Board. This is the total preliminary platting for Quantum Park at Boynton Beach, including the Planned Commercial Development (PCD) center. The Planning and zoning Board unanimously recommended appro- val with instructions to the applicant and staff to get together to formulate the comments with respect to the items raised by the applicant. Mr. Annunziato reported that staff met with the applicant, and they resolved each and every item which was raised. Mr. Annunziato said a letter dated November 14, 1986 from George W. zimmerman, Vice President of Quantum Park, 2455 East Sunrise Boulevard, Suite 1106, Fort Lauderdale, Florida 33304, addressed all of the questions raised at the Planning and Zoning Board meeting and was reviewed by the City Staff and found to be agreeable. He asked that it be made a part of the record and recommended that this request be approved. (A copy of said letter is attached to the ori- ginal copy of these minutes.) Mayor Cassandra said the City allows developers to start clearing off land for construction. He recalled that the City had a Planned Industrial Development (PID), and all of that sand blew into Laurel Hills and into their swimming pools. Mayor Cassandra also referred to Leisureville and construction at Bethesda Hospital. He questioned whether this development would be protecting residential homes from  hose elements if the Council did not request a burn prior o their development. Mr. Annunziato replied that this issue was discussed at the Technical Review Board (TRB) meeting. The entire 540 acres plus or minus will be torn up, save for the sand pine ~eserve. The reason it will be put into a development mode is because the grades on site change. In some areas, it will be cut, and in some areas it will be filled, but the opportunity for blowing sand does exist. Mr. Annunziato advised that they could address it if a problem occurs or now, at the time of preliminary plat approval. The applicant could suggest to the Council some opportunities he can impose on his contract to do something ahead of time to prevent sand from blowing and drifting onto residential properties. Except for the Dos Lagos project, there are few residential properties west of the PID until you get west of Congress Avenue. Mr. Annunziato thought the applicant should address the issue. - 16- ~iNuTEs - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Mr. George Zimmerman, who appeared for Quantum Associates, the developer of the project, said the problem would be primarily northwest, in the Dos Lagos quadrant. The canal has a fairly thick screening of Australian Pines that must be removed. Mr. Zimmerman said they have taken the pre- caution to remove them only in the final stages of develop- ment, so they have a natural buffer that is very dense along the canal. Mr. Zimmerman added that the development order does address the requirement to consider the blowing sands, and that is ~ requirement throughout the development of the project that they are requiring all of their contractors to provide a mitigation plan for. If the City gets problems of sand blowing off the tract, City Manager Cheney asked if Mr. Zimmerman would commit that he would solve these problems. Mr. Zimmerman answered affirma- tively. He repeated that it is a requirement of the develop- ment order and would jeopardize their development order standards if they did not. Mr. Zimmerman stated absolutely that they will solve the problems. Councilman Hester moved to approve the request, subject to  taff comments. Councilwoman Zibelli seconded the motion. r. Annunziato informed Mayor Cassandra that the City is ully satisfied. The documents total about 150 pages, and he City has been reviewing them since August. It basically  mplements the master plan. A vote was taken on the motion, nd the motion carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 86-39 Re: Zoning - Bethesda Hospital City Attorney Vance read proposed Ordinance No. 86-39 on second reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM P.U. (PUBLIC USAGE DISTRICT) TO C-1 (OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" - 17- ~iNuTEs - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Mayor Cassandra asked if anyone wished to speak in favor of the proposed Ordinance. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed Ordinance, and there was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor zimmerman moved to adopt proposed Ordinance No. 86-39 on final reading, seconded by Councilman Hester. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 86-42 promotions at regional malls Re: Special retail A question had been raised about one section of this Ordinance, and City Manager Cheney asked that it be tabled. As this was an advertised hearing, City Attorney Vance advised that it should be CONTINUED to a date and time certain. Vice Mayor Zimmerman moved to continue the public hearing for proposed Ordinance No. 86-42 until December 2nd, at or about 8:00 P. M. Councilman Hester seconded the motion, and the motion carried 5-0. Proposed Ordinance No. 86-43 Re: Downtown Review Board approval of landscape variances in the Central Business District City Attorney Vance read proposed Ordinance No. 86-43 on second reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 7.5 'ENVIRONMENTAL REGULA- TION' ARTICLE III 'CENTRAL BUSINESS DISTRICT LANDSCAPE CODE' OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO PROVIDE A NEW SECTION THAT SHALL RELATE TO DOWN- TOWN REVIEW BOARD GRANTING OF APPEALS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 7.5 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE; PROVIDING - 18 - ~iNUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 A SEVERABILITY CLAUSE; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak for or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to adopt Ordinance No. 86-43 on final reading, seconded by Mr. Marchese. Mrs. Boroni took a roll call vote on the motion: Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Councilman Hester Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. THE COUNCIL TOOK A BREAK AT 8:40 P. M. AT 8:50 P. M. THE MEETING RESUMED B. Ordinances - 1st Readinq: Proposed Ordinance No. 86-44 Diaz Property Re: Rezoning - City Attorney Vance read proposed Ordinance No. 86-44 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA BY ORDINANCE AS C-3 (COMMUNITY COMMERCIAL DISTRICT); PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman Hester moved, seconded by Councilwoman Zibelli to approve Ordinance No. 86-44 on first reading. Vice Mayor Zimmerman commented that he was not satisfied with the retail boom in the City and probably never will be. A roll call vote on the motion was taken by Mrs. Boroni as follows: A roll call vote on the motion was taken by Mrs. Boroni: - 19- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Vice Mayor zimmerman Councilman Marchese Councilman Hester Councilwoman Zibelli Mayor Cassandra No Aye Aye Aye Aye Motion carried 4-1. Proposed Ordinance No. 86-45 Re: Rezoning - Briscoe Property City Attorney Vance read proposed Ordinance No. 86-45 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS C-3 (COMMUNITY COMMERCIAL DISTRICT); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked where the property is located. Mr. Annunziato replied that it is on south U. S. 1 between where Old Dixie Highway cuts off from Gulfstream Boulevard on the west side. Councilman Hester moved, seconded by Councilwoman Zibelli, to adopt Ordinance No. 86-45 on first reading. Mrs. Boroni took a roll call vote on the motion: Councilman Marchese Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Motion carried 5-0. Aye Aye Aye Aye Aye Proposed Ordinance No. 86-46 Re: Rezoning - Cross Creek Center City Attorney Vance read proposed Ordinance No. 86-46 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-3 (MULTIPLE FAMILY DWELLING DISTRICT) - 20- ~iNuTEs - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 TO PCD (PLANNED COMMERCIAL DISTRICT), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN: AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mr. Annunziato said the property is on West Boynton Beach Boulevard between the Villager and the E-4 Canal, on the north side. Vice Mayor Zimmerman remarked that it was the terrible beginning of a long strip retail shopping center. There were other comments. ~ouncilman Hester moved, seconded by Councilwoman Zibelli, to approve Ordinance No. 86-46 on first reading. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Aye Aye Aye No Aye Motion carried 4-1. Proposed Ordinance No. 86-47 Re: Rezoning - High Ridge Center City Attorney Vance informed the Council that this applicant does not have the minimum 25 acres required and currently has his application in for the necessary variance from the Board of Adjustment. By the time second reading comes around, the applicant will either have his variance or will not have his variance, and the Council can either go to second reading or not go. Mayor Cassandra determined it would be facilitated by having first reading. The Council saw no problem with that. City Attorney Vance read proposed Ordinance No. 86-47 on first reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAiD CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM SINGLE FAMILY RESIDENTIAL DISTRICT (R-l-AAA) TO PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (PID), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN:~AMEND- ING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE AND FOR OTHER PURPOSES" - 21- ~iNuTEs - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Mayor Cassandra recalled that Marilyn Huckle of the Planning and zoning Board was very much against this. Vice Mayor Zimmerman moved to adopt Ordinance No. 86-47 on first reading, seconded by Councilwoman Zibelli. City Manager Cheney called attention to where the Ordinance said R-l-AA and said it should be changed to R-l-AAA throughout the Ordinance. Mrs. Boroni took a roll call vote on the motion: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Councilman Hester Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 86-48 PCD~ Property Re: Rezoning - City Attorney Vance read proposed Ordinance No. 86-48 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM RECREATION (REC) TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT (PCD), SAID-PARCEL BEING MORE PARTICU- LARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Mr. Annunziato informed Mayor Cassandra that this is the Fraternal Order of Police (FOP) property. Councilman Hester moved, seconded by Councilwoman Zibelli, to approve Ordinance No. 86-48 on first reading. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor zimmerman Councilman Marchese Councilman Hester Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. - 22 - ~NUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 City Attorney Vance confirmed Mayor Cassandra's statement that the next five Ordinances were related to the first five. Proposed Ordinance No. 86-49 Re: Land Use Element - Diaz Property City Attorney Vance read proposed Ordinance No. 86-49 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVID- ING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Councilman Hester moved to approve proposed Ordinance No. 86-49 on first reading, seconded by Councilman Marchese, to approved Ordinance No. 86-49 on first reading. A roll call vote was taken on the motion by Mrs. Boroni: Vice Mayor Zimmerman Councilman Marchese Councilman Hester Councilwoman Zibelli Mayor Cassandra No Aye Aye Aye Aye Motion carried 4-1. Proposed Ordinance No. 86-50 Briscoe Property Re: Land Use Element - City Attorney Vance read proposed Ordinance No. 86-50 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED-INTO THE CITY BY ORDINANCE SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH - 23- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; REPEAL- ING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman moved to adopt Ordinance No. 86-50 on first reading, seconded by Councilman Hester. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Marchese Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 86-51 Re: Land Use Element Cross Creek Center City Attorney Vance read proposed Ordinance No. 86-51 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES " Councilman Hester moved to adopt proposed Ordinance No. 86-51 on first reading, seconded by Councilwoman Zibelli. A roll call vote on the motion was taken on the motion by Mrs. Boroni: Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Aye Aye Aye No Aye Motion carried 4-1. - 24- ~iNUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Proposed Ordinance No. 86-52 High Ridge Center Re: Land Use Element - City Attorney Vance told the Council that the earlier comments regarding High Ridge Center also applied to this Ordinance. He read proposed Ordinance No. 86-52 on first reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL TO INDUSTRIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Councilwoman Zibelli moved to accept Ordinance No. 86-52 on first reading, seconded by Vice Mayor Zimmerman. Mrs. Boroni took a roll call vote on the motion: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Councilman Hester Aye Aye Aye Aye Aye Motion carried 5-0. 10. Proposed Ordinance No. 86-53 Re: Land Use Element - Planned Commercial Development (PCD) Center City Attorney Vance read proposed Ordinance No. 86-53 on first reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM RECREATION TO OFFICE AND CO~ERCIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Councilwoman Zibelli moved to adopt proposed Ordinance No. 86-53 on first reading, seconded by Councilman Hester. A roll call vote on the motion was taken by Mrs. Boroni: - 25- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Councilman Hester Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. 11. Proposed Ordinance No. 86-54 Re: Adopting Evaluation and Appraisal Report city Attorney Vance read proposed Ordinance No. 86-54 on first reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING AN EVALUATION AND APPRAISAL REPORT REGARDING SAID PLAN; PROVIDING THAT A COPY OF THE EVALUATION AND APPRAISAL REPORT WHICH IS ATTACHED HERETO BE INCORPORATED HEREI:N BY REFERENCE; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman moved to adopt Ordinance No. 86-54, seconded by Councilman Hester. ~ity Manager Cheney informed the Council that this was Cross Creek and was related to the Evaluation and Appraisal (E&A) report. Mr. Annunziato added that the developers of the Cross Creek PCD have acquired an additional .74 acres in connection with negotiations they conducted with the Lake Worth Drainage District. This relates to LWDD Canal 924. The applicant, through his Attorney, contacted the Depart- ment of Community Affairs (DCA) to determine whether or not the City Council could approve, as part of its Comprehensive Plan with the E&A report, an additional Land Use change with- out going back through the plan approval process as long as they were in the approval process of the E&A report. DCA has commented that a change or addition can occur to the E&A report for a future Land Use amendment, provided that the change is non-substantive. In this instance, Mr. Annunziato said the .74 acres does not result in any additional square footage. It will be relegated to landscaping on the north side of the project. If this is approved, Mr. Annunziato said the applicant would still have to go through rezoning to bring all of the - 26- ~NUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 property into the PCD. If the Council decides to not do this tonight, the applicant has filed a request for a plan amendment to go back through the process, which will culminate some time in late Spring or early Summer, and will bring them to the point where they are now. Mr. Annunziato brought this to the Council's attention because the opportunity exists to save that process, if this .74 acres can be added to, in terms of Land Use, the Evalu- ation and Appraisal Report Future Land Use Map. He repeated prior statements and recommended that the Council do that. Vice Mayor zimmerman asked if this would be due to laying culvert pipes in the canal. Mr. Annunziato answered, "No", and informed him that the LWDD has an extraordinary large right-of-way for Canal 24 at this location. He told what the District did in prior years and about how additional rights-of-way were dedicated to the LWDD. Mr. Annunziato said this exchange did not result in a diminution of the District's needs. They will have a standard 85 canal right- of-way width for the lateral service from the north for maintenance. Mr. Annunziato informed Councilman Hester there are no issues related to traffic, Land Use, services, or square footage. City Manager Cheney explained that the land will be landscaped by the developer as opposed to not being land- scaped by LWDD. Mayor Cassandra asked if they needed an amendment to the proposed Ordinance to include that into the reading. If the maker of the motion would amend his motion to include the ecommendation included in Mr. Annunziato's memorandum of ovember 18, 1986 and the seconder would accept that amend- ~ent, City Attorney Vance thought they could go with this Ordinance. ~ice Mayor Zimmerman and Councilman Hester agreed to amend the motion to approve proposed Ordinance No. 86-54 to include the recommendation in Mr. Annunziato's memorandum of November 18, 1986 as part of the E&A report. (A copy of Mr. Annunziato memorandum is attached to the original copy of these minutes.) A roll call vote on the motion was taken by Mrs. Boroni: - 27- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Vice Mayor Zimmerman Councilman Marchese Councilman Hester Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. 12. Proposed Ordinance No. 55 Re: Adopting Standard Building Code and Countywide Addendums City Attorney Vance informed Mayor Cassandra that the next three Ordinances were adopting the Standard Building Codes. They had always been called Addendums but this year they were called Amendments, so everywhere "Addendum" appears in all three Ordinances, they should have the word "Amendment". Mayor Cassandra recalled that the City just finished having a problem where the County changed the sprinkler laws. The City did not pick it up and made a different Ordinance. Mayor Cassandra believed sprinklers were in there again. If the City approved the Code, he wondered whether they would wipe out what they just voted on and have to do it all over again. City Attorney Vance replied that the Ordinance Mayor Cassandra was referring to was a special section of the City's Code and stands alone as a special requirement. By approving this, City Attorney Vance said it will wipe out the old Building Code. The more restrictive City Code, like the fire sprinklers, is not wiped out. Mayor Cassandra wanted to know what was in this Code that is not in the City Code. City Attorney Vance explained that this was the City Code. The Building Code the City has is the Standard Building Code with the exception of that one specialized Fire Section. City Manager Cheney asked Bud Howell, Building Official, to explain how the City goes about amending the Building Code, the role of the County, and Mr. Howell's part in the amend- ment. Mr. Howell said every three years, the City has always adopted the new printing of the book to keep from changing the City's Codes every year and to keep up with addendums. The addendums to the Codes are felt necessary by industry, Building Officials, and, hopefully, City fathers and County Commissioners. They are voted on by Building Officials, people from the Associated General Contractors, the ~omebuilders and Mechanical Associations. They are agreed upon and amended if necessary. - 28- ~NUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Mr. Howell told the Council that the amendments do not affect any local Ordinances. It just amounts to updating the Standard Code every three years. The Standard Code process is a public hearing every year in July. The whole body works on it at the annual meeting in October. City Manager Cheney added that the Council was amending the Building Code to bring it up-to-date with the County addendum process, and he explained. City Attorney Vance read proposed Ordinance No. 86-55 on first reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING CHAPTER 5, BUILDING CODE, SECTION 5-3 ADOPTION OF THE STANDARD BUILDING CODE BY ADOPTING THE STANDARD BUILDING C~ODE, 1985 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFEC- TIVE DATE AND FOR OTHER PURPOSES" Councilwoman Zibelli moved to adopt proposed Ordinance No. 86-55 on first reading, seconded by Councilman Hester. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Marchese Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. 13. Proposed Ordinance No. 86-56 Re: Adopting Palm Beach Countywide Standard for the Installation of Roof Coverings City Attorney Vance read proposed Ordinance No. 86-56 on first reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING CHAPTER 5, BUILDING CODE, BY ESTABLISHING A NEW SECTION 5-6, STANDARD FOR THE INSTALLATION OF ROOF COVERINGS CODE BY ADOPTING THE PALM BEACH COUNTYWIDE STANDARD FOR THE INSTALLATION OF ROOF COVERINGS REVIEWED AND RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY AND BUILDING OFFICIALS ASSOCIATION OF PALM BEACH COUNTY; PROVID- ING'FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" - 29 - ~NUT~S - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Councilman Hester moved for approval of proposed Ordinance No. 86-56 on first reading, seconded by Councilwoman Zibelli. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Aye Aye Aye Aye Aye Motion carried 5-0. 14. Proposed Ordinance No. 86-57 Re: Adopting Standard Plumbing Code and Countywide Addendums City Attorney Vance read proposed Ordinance No. 86-57 on first reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING CHAPTER 5, BUILDING CODE, SECTION 5-28 ADOPTION OF THE STANDARD PLUMBING CODE BY ADOPTING THE STANDARD PLUMBING CODE, 1985 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman moved, seconded by Councilwoman Zibelli, to adopt Ordinance No. 86-57 on first reading. A roll call vote on the motion was taken by Mrs. Boroni: CouncilWoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Councilman Hester Aye Aye Aye Aye Aye Motion carried 5-0. 15. Proposed Ordinance No. 86-58 Re: Adopting Standard Mechanical Code and Gas Code and Countywide Addendums city Attorney Vance read proposed Ordinance No. 86-58 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, SECTION 5-70 ADOPTION OF THE STANDARD MECHANICAL CODE AND GAS CODE BY - 30- ~iNuTEs - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 ADOPTING THE STANDARD MECHANICAL CODE AND GAS CODE, 1985 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTYWIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilwoman Zibelli moved to approve proposed Ordinance No. 86-58 on first reading, seconded by Councilman Hester. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor Zimmerman Councilman Marchese Councilman Hester Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. RESOLUTIONS None. OTHER 1. Consider Tower Site Lease and Joint Use Agreement TABLED Councilman Hester moved, seconded by Vice Mayor Zimmerman, to take this off of the table. Motion carried 5-0. City Manager Cheney said the City has been discussing this with representatives of West Palm Beach Cellular Telephone Company and had come to the spot where they were recommend- ing that the agreement be approved. The agreement will provide that the City furnish a piece of land on which they were going to put the City's tower anyway. City Manager Cheney said West Palm Beach Cellular is putting up the tower, which is no higher than the one the Council approved on that site, at a cost of about $175,000. The tower will have on it West Palm Beach Cellular's facilities, but West Palm Beach Cellular will pay for the tower. In essence, the City is avoiding the payment of about $125,000 to $135,000. The City will put a control building in for the City. Over a period of time, if either of them get an income from the tower, City Manager Cheney said the income will be - 31 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 shared 90% for West Palm Beach Cellular and 10% for the City because West Palm Beach Cellular is putting up all of the funding money. The City has carefully read, reread, and rewritten the agreement to put in all of the assurances on both sides so that neither side will interfere with the other as far as communications are concerned. City Manager Cheney said the ability for the City to carry on its radio communications is primary and if interference should take place, the interference will stop right then. They agreed to work together to be sure there is no inter- ference. All new facilities put on the tower will be approved by each of them and by the appropriate Engineers to be sure there is no contradiction in the paths of communica- tions back and forth. City Manager Cheney continued that the tower will have a microwave dish on it. Communications will go from this building by microwave to the tower and then will go by standard radio communications from the tower to all of the buildings in the City. City Manager Cheney recommended that the Council authorize the Joint Use Agreement, as it will be good for both sides. It will be putting up a tower which the City would put up anyway. They are using a private sector on which the City Will operate, and it is a public private cooperative agreement. City Attorney Vance informed Mayor Cassandra that the antenna will belong to the City. However, West Palm Beach Cellular Telephone Company will have a fifty year lease. If the City owns the antenna, Mayor Cassandra wondered if the City will be liable after construction. If the City is negligent, City Attorney Vance said the answer would be "Yes". If something West Palm Beach Cellular does causes injury or harm to someone, they will be liable for it. Vice Mayor Zimmerman asked if there was any further talk on trying to get the height reduced. City Manager Cheney answered that the height was set by the City's requirements. There were further comments. Mayor Cassandra said he wrote, and they answered every ques- tion, but he was not satisfied with their answers. He was not yet in agreement but did not want the City to get hurt in the need they had right now for a tower. - 32 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Councilman Hester moved to approve the tower site lease and joint use agreement, seconded by Councilwoman Zibelli. Motion carried 5-0. 2. Consider Motorola Microwave Lease/Purchase Contract City Manager Cheney had a new price on the microwave system, which was about $10,500 lower than what was in the letter. They were now down to a price of $82,252.95 instead of $92,813, which was a result of continually working with Motorola, who found a way to get it installed locally. City Manager Cheney said the City's option to a microwave system from here to the tower was to have leased land lines from the phone company. City Manager Cheney recommended the microwave system because leased land lines get dug up. He had a comparison for over 20 years. On the current cost of leased land lines, over 20 years, the City would be pay- ing $276,000. With a microwave system, counting purchases over five years, plus maintenance, the City would be paying $199,000 over 20 years, so they would save about $80,000, plus the fact that it will not be dug up. City Manager Cheney recommended that they go with the micro- wave, lease/purchase the system over five years, and then after that the City will own it. He explained and said the City was recommending five years instead of seven years because it will save the City about $10,000. The monthly payment is only increased by about $300 to go from five years instead of seven years. Mayor Cassandra pointed out that the money is already in the budget. Mayor Cassandra asked what the projected date was for leav- ing the Central Dispatch Center. City Manager Cheney answered, "June 1, 1987," but the City will be converting to the new radio system in part, beginning in January, d~partment by department. The new radios will be coming in and they will be putting them on the new system, department by department, and will be working out of a command station at each department. The Fire Department will be converted towards the end, and the Police Department will be converted in April or May, when the building next door is operating. The conversion process will start in January. Councilman Hester moved to approve the lease/purchase of the Motorola microwave system at less money over the next five years. Councilman Marchese seconded the motion, and the motion carried 5-0. - 33- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 3. ~roposed Settlement on Western Well Field City Attorney Vance had another proposed settlement. The City's good faith estimate was $236,000, and they will settle for $246,000 plus attorneys fees and costs. City Attorney Vance recommended the settlement. Councilman Hester moved, seconded by Vice Mayor Zimmerman, to approve the proposed settlement. Motion carried 5-0. OLD BUSINESS None. NEW BUSINESS (Continued) B. Consider selection of City Attorney Mayor Cassandra informed the audience that the Council had a workshop. They received eight resumes in response to their ad, and four qualified. Councilman Hester wondered if they wanted to break them down to three. After discussion as whether they should priortize the applicants, Mayor Cassandra said he thought City Attorney Vance had only given them until December. In looking at what they asked for and each of the applicants, Councilman Hester expressed that his first choice, based on their experience, would be Attorney Kreidler. He thought they should not priortize the applicants but haVe interviews and decide from that. There was discussion. Councilman Hester thought the applicants should be interviewed first. Councilwoman Zibelli moved to prioritize the applicants and then give interviews, subject to them coming within the budget. Vice Mayor Zimmerman asked how they could categorize them if they were not acquainted with the individual. He thought the interview should come first. There was discussion as to whether the City would pick up the. cost of the applicants coming for the interview. Mayor Cassandra felt that was a normal procedure. After more discussion, he suggested that they interview the two local people tomorrow, and interview two on Friday. There was dis- cussion about one of the four persons not being local. Councilwoman Zibelli was considering the expenses. Vice Mayor Zimmerman did not know that the Council offered to pay - 34- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 their expenses. In their applications, most of them volun- teered to come for an interview, and he did not see where the City was obligated to pay for their expenses. Mayor Cassandra said they were only talking about one applicant that would have to travel. The rest are local. Motion After discussion about when the interviews should be held, Councilwoman Zibelli moved to bring it down to three applicants: Frank A. Kreidler, Raymond A. Rea, and Saul Smolar. Councilman Marchese seconded the motion. Looking at the experience, Councilman Hester stated he would go along with the motion. A vote was taken on the motion, and the motion carried 5-0. It was decided that two of the Attorneys would be interviewed on Thursday, November 20, 1986, and one on Friday, November 21. Mayor Cassandra thought each one should be given 1½ or two hours of interview time. Discussion re having a Retired Attorney Sit in for Interviews Mayor Cassandra informed the Council that a retired Attorney is a Member of the Community Redevelopment Agency (CRA), and he thought it might be advantageous for the Attorney to sit in and aid the Council. Councilman Hester said he would like to have him sit in on the interviews but not vote. There was discussion. Place and Time for Interviews City Manager Cheney asked if a large number of people were expected for the interviews because the CRA and Cemetery Boards were meeting. Mayor Cassandra suggested the conference room opposite the City Manager's office or the Royal Palm Beach Clubhouse. City Manager Cheney told why he thought the conference room opposite his office could be too crowded and said he would check tomorrow to see what he could do. It was decided there would be interviews at 5:30 P. M. and 7:30 P. M. on Thursday, November 20, 1986 and at 5:30 P. M. on Friday. Mayor Cassandra told City Manager Cheney he would like to make a decision .on Friday. City Manager Cheney said Friday should be called a Special City Council Meeting. Councilwoman Zibelli thought they were allowing a lot of time for the interviews. Mayor Cassandra did not want to - 35- MINUTES- CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 cut anybody short. City Manager Cheney said either Betty Boroni, City Clerk, or he would call the Attorneys. A Recording Secretary will be there, but City Manager Cheney did not think she would transcribe the minutes of the interviews unless someone asks for it. The part with the decision will be transcribed. Ce Consider appointment of replacement member to Council of Governments Mayor Cassandra announced that they need an Alternate Member and it would be between Councilwoman Zibelli and Councilman Hester. There was discussion. Councilman Hester moved that Councilwoman Zibelli be appointed as Alternate Member to the Council of Governments. Vice Mayor Zimmerman seconded the motion, and the motion carried 5-0. De Consider appointment of replacement representative of the Metropolitan Planning Organization After discussion, Councilwoman Zibelli moved to appoint Councilman Marchese, seconded by Councilman Hester. Councilman Marchese was designated as the City's repre- sentative by acclamation. The next meeting is scheduled for Thursday, November 20th. "NEW BUSINESS" is continued below. It was decided to move to "ADMINISTRATIVE", as the item on the agenda was to be tabled. ADMINISTRATIVE ae Consider travel allowance procedure for the Mayor and City Council This matter was TABLED. NEW BUSINESS (Continued) E. Matters Relating to Current Litigation Vice Mayor zimmerman thought the Council knew they received opposition in the way the Tradewinds project was settled. There are actions in Court against the City. The whole - 36 - ~iNUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 matter is up in the air, and the composition of the Council is now different. Vice Mayor Zimmerman asked the Council to seriously consider the road they have been going down, which he considered as the wrong road entirely. Vice Mayor zimmerman moved to direct the Council's Attorney to take two separate actions in the Court case Tradewinds has against the City. One was to file the appropriate actions at the necessary time to have Judge Rudnick's Order of November 6th set aside. Two was to file for an appeal in the Fourth District Court of Appeals, should the results of the Thursday, November 20th hearing or any subsequent motions not stay this Order. Vice Mayor Zimmerman stated that the 30 day time limit to appeal was the reason for him taking this action so quickly tonight. Councilman Marchese seconded the motion. Council- woman Zibelli pointed out that the Council did not have their Attorney. Councilman Hester asked for Attorney Vance's opinion. City Attorney Vance stated that he would not comment on the merits, but he would recommend that the Council have Vice Mayor zimmerman discuss this with Attorney Friedland. Mayor Cassandra saw no action occuring until Thursday and said Vice Mayor Zimmerman could still discuss it. City Attorney Vance was concerned that there be no exposure situation and recommended that if the Council needed to take immediate action, they continue this meeting until some time tomorrow in order to have Attorney Friedland consult with them regarding these actions. City Attorney Vance was not current on the case and had not kept up on the pleadings and r~iterated that he would not like to comment on the merits. He recommended that the City Council consult with Attorney Friedland regarding the motion and that they continue this meeting until 5:30 P. M. tomorrow or at Noon. MaYor Cassandra asked if he should read the motion, vote on it, and continue the meeting or if he should read the motion and then say it is continued. City Attorney Vance advised that the motion was in front of Mayor Cassandra, but he did not need to read the motion at all. He recommended that they simply continue the meeting until a time certain, get in touch with Attorney Friedland tomorrow and have him meet with the Council. - 37- BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 Vice Mayor zimmerman informed the Council that there had been some discussion with Attorney Friedland. Councilwoman Zibelli thought it was unusual that he brought it up without Attorney Friedland's presence and stated that she would be in surgery tomorrow. Mayor Cassandra said the concern Attorney Friedland had was the December 5th deadline in the preparation of some appeal or retraction. That was why, if there was a matter of urgency, that City Attorney Vance said he was suggesting that they not adjourn this meeting but continue it for a time certain tomorrow and have Attorney Friedland here. Councilwoman Zibelli asked why it was not possible to have the meeting continued until Thursday. City Manager Cheney advised that the Council could continue it until Thursday. It would give Attorney Friedland one less day. Councilwoman Zibelli felt they should continue it until Thursday. Councilman Hester stated he would not be here on Thursday. To him, it was strange that as soon as the Council changed, this came up. As far as Councilman Hester was concerned, it was in Court. He read the pleading from the other group, and he thought they should let the Court do its job. It seemed strange to Councilman Hester that it even came up tonight. He understood that it was a sensitive issue. Councilwoman Zibelli wanted to know who was working on whose side here. Mayor Cassandra did not understand what she was saying. Councilwoman Zibelli's concern was that there was an intervening suit against the City, and they would not know anything until Thursday, when they would find out what Judge Rudnick would say. She did not think they should be making any decisions beforehand, until they found out exactly what would happen on Thursday morning. Councilwoman Zibelli did not think they should get into anything without Attorney Friedland being here to advise them. That was what the Council hired him for. Since the motion would be continued, Mayor Cassandra thought a motion should be made to continue the meeting until Thursday at 5:00 P. M. The Council was split before with a 3-2 vote, and he commented that now they might end up with a 3-2 vote also. It was still a sensitive situation but could all be academic after Thursday if the intervening parties have intervened. The City's involvement and how to proceed was still a question. He saw nothing wrong in - 38- ~NUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 continuing this until Thursday. By that time, they will know what is happening, and Attorney Friedland will be here. Councilwoman Zibelli wondered how much time would be needed. city Attorney Vance thought 1/2 hour would be adequate. Mayor Cassandra thought they could continue this meeting until 5:00 P. M., Thursday, November 20, and have the legal interviews after that. Councilman Hester confirmed that he would not be present on Thursday. Vice Mayor zimmerman asked what made anyone think they could not do this. City Attorney Vance explained that he was not giving an opinion as to whether they could or could not. He was merely recommending that the Council consult with their Attorney who is handling the case before taking any action that might possibly expose the City to some litigation. Vice Mayor Zimmerman responded 'that they were in litigation now. In addition, City Attorney Vance reminded the Council that there is a general rule that if they follow the advice of %heir Attorney, even though he may be dead wrong, they would be protected from personal liability. He again recommended that they consult with their Attorney before ~aking action on the matter. That was all City Attorney Vance was recommending. He was not recommending a time when or on the merits, but as a Consultant. Mayor Cassandra commented that it was basically a one day stay and a maximum of two days in the decision factor. Based on the advice of City Attorney Vance on the liability roblems of the Council, since it was only a two day limit, e felt it might be advantageous for them to consider meet- ing with Attorney Friedland on Thursday at 5:00 P. M. and call this a continuance, so that the Mayor and Council who are present and vote in favor of this will not be liable. City Attorney Vance thought it would be to the advantage of the Council to have legal advice on the record. Mayor Cassandra told Vice Mayor zimmerman he could let his motion stay and continue the meeting. At this point, City Attorney Vance thought a motion to continue would supersede the motion. Mayor Cassandra said he would like to keep the motion alive and continue the meeting. There was more discussion. Vice Mayor zimmerman moved to continue this regular meeting until Thursday, November 20, 1986 at 5:00 P. M. Councilman Marchese seconded the motion, and the motion carried 5-0. - 39- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1986 For the record, City Attorney Vance stated that Attorney Friedland would be there. Mayor Cassandra said City Manager Cheney or he would call him. Therefore, City Attorney Vance did not think he or anyone from his office would need to be there. At 10:00 P. M.,THE MEETING WAS CONTINUED until Thursday, November 20, 1986 at 5:00 P. M. THE MEETING RESUMED AT 5:00 P. M., Thursday, November 20, 1986. city Attorney Vance was not present. Neither was anyone from his office present. Kirk Friedland, Special Counsel for the City in the Tradewinds matter sat at the dais with the Council. Mayor Cassandra said this was the continuation of an item made as a motion, which the Council held off, based upon getting advice from their Special Counsel. NEW BUSINESS (Continued) E. Matters Relating to Current Litigation (Continued) Mayor Cassandra gave the Council a copy of a motion that was made at the meeting of November 18th by Vice Mayor zimmerman, which was as follows: "Vice Mayor Zimmerman moved to direct the Council's Attorney to take two separate actions in the Court case Tradewinds has against the City. One was to file the appropriate actions at the necessary time to have Judge Rudnick's Order of November 6th set aside. Two was to file for an appeal in the Fourth District Court of Appeals, should the results of the Thursday, November 20th hearing or any subsequent motions not stay this Order." Mayor Cassandra stated that he was told he never repeated the motion. Therefore, the motion would not be on the floor until he repeated it. Mayor Cassandra thought Attorney Friedland wished to say something about it, and then they could proceed with some papers Mayor Cassandra received from Lake Boynton Estates. Attorney Friedland advised that the motion made by Vice Mayor Zimmerman was in the nature of a motion to rescind an action that was taken and was specifically to rescind the settlement agreement that was reached with Tradewinds. Robert's Rule of Order, which the City has adopted, specifi- - 40- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 cally states that a motion to rescind will not lie in certain, specific circumstances. One of those circumstances is where the action taken is in the nature of a contract, and the other party has been informed of the vote. Attorney Friedland thought it was clear that Tradewinds had been informed of the vote. He said the City has signed a written Stipulation, and it has been presented into Court, confirmed, ratified, and an Order has been entered, approv- ing it and ordering the parties to comply with it. There- fore, Attorney Friedland stated he must reach the conclu- sion that a motion to rescind would not be in order. Attorney Friedland further advised that it had been advanced that the Council might construe this to be a motion to re- consider. With a motion to reconsider, they had two pro- cedural questions to examine. One was the requirement that the mover must be on the prevailing side. When the Tradewinds settlement was adopted, Attorney Friedland recalled that Councilwoman Zibelli, Councilman Hester, and Councilman Ferrell were on the prevailing side. Therefore, one of those Council persons must make the motion to reconsider. A new Councilman is sitting in Councilman Ferrell's seat, and Attorney Friedland said that raised a difficult question of whether Councilman Marchese could make the motion. He found no wisdom in Robert's Rules and no precedent to answer that question. The second issue that Attorney Friedland said would have to be resolved was the question of time limits. The City's edition of Robert's Rules provides that a motion to reconsider must be made on the day that the original motion was made. There was some question about whether it could be made at the meeting following the day that the motion was made. Attorney Friedland told the Council they had two motions they needed to look at. The first was Councilwoman Zibelli's motion to enter into the settlement. At the next meeting, which was Councilman Ferrell's last meeting as a ouncilman, was the motion to authorize the City's Special ounsel to enter into the written stipulation. At best, even with the most liberal interpretation possible, Attorney Friedland said the Council could reconsider that final motion. His opinion was that the motion to reconsider would not be timely in any event because it did not reach the essence of the action, which was the settlement itself. - 41- ~4INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 Attorney Friedland reached these conclusions after long and hard study on those questions since this morning. Mayor Cassandra gathered from what Attorney Friedland said that he could not accept Vice Mayor Zimmerman's motion. If they construe it as a motion to reconsider, Attorney Friedland said Mayor Cassandra would have to rule on (1) who could move and (2) whether it was timely. If they construed it as a motion to rescind, then it would not be in order because it was directed at an action that was in the nature of a contract. Mayor Cassandra asked the maker of the motion and the seconder to pull back the motion until the Council finished its discussion because he received a verified complaint citing the City of Boynton Beach for being in violation of the Comprehensive Plan. He was told everyone had a copy in their mail boxes. It was dated November 19th at 4:00 P. M. Mayor Cassandra emphasized that they must respond in 30 days and could not ignore it. Mayor Cassandra said the Council had to address whether they were in violation of the Comprehensive Plan. Depending on what decision the Council took on that, he thought some form of the second motion at the direction of Vice Mayor zimmerman would have to be taken. Attorney Friedland advised that the Council had a verified complaint before ahem that was served on the City in compliance with Chapter 163.3215. A xeroxed page of the Chapter was handed out to the Council. As a condition precedent to the aggrieved par- ties going into Court, Attorney Friedland said the Section provides that they must first file a verified complaint with the City, setting forth the actions they are complaining of. What the Council had in the form of the verified complaint was an analysis of what the aggrieved parties were complain- ing of. Attorney Friedland said they were complaining that the Council did not act in consistency with the Comprehensive Plan. He talked with the staff attorneys at the Department of Community Affairs (DCA) today and was informed that the City must respond to this within thirty days. Attorney Friedland said appropriate responses could be (a) that the Council believed they were consistent with the City's Comprehensive Plan; (b) they agreed they did not act in conformity with the City's Comprehensive Plan and will take whatever actions they can to stop what was approved by their Order. - 42- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 With reference to taking "whatever actions they can", Mayor Cassandra wondered legally, what the actions were. Attorney Friedland first pointed out that the settlement clearly pro- vides that the Council will take such actions as are necessary to amend the Comprehensive Plan consistent with ~he proposed development, which means that the Council will adopt an amendment to the City's Comprehensive Plan so they can develop the necessary Ordinances rezoning the property to the zone necessary to build the projects. Attorney Friedland said the Council could respond by analyz- ing their actions and saying Tradewinds is not consistent with the Comprehensive Plan. However, they have agreed to take the actions necessary to amend the Comprehensive Plan so it will be consistent with the Tradewinds' proposed development. If the majority of the Council agreed they were not in agree- ment with the Comprehensive Plan and agreed they did not wish to honor the decision of the previous majority, Mayor Cassandra asked what they would do then. Attorney Friedland answered the Council would then respond by stating they agree with the contentions that the city acted improperly, and they would take whatever action they could to correct that. There were a number of things they could do, and it seemed clear to him that they could run head on into the settlement agreement. Attorney Friedland reminded the Council that they agreed to ettle this. There is a written settlement agreement in a ourt file, and an Order was entered in that case that orders he parties to comply with it. The Council could certainly xpect the developer to sue the City. They may also expect he developer, as has been threatened for a long time, to file litigation against individual Council persons as indivi- duals under the 1983 Civil Rights Federal Statutes, so Attorney Friedland thought the Council should go into it with their eyes open that this, in all likelihood, would occur. Attorney Friedland continued that settlement is favored in the law, and there is a value to putting a final end to litigation. If the Council goes back into Court and tells Judge Rudnick that they want to rescind their settlement agreement, he warned that they better have a very good reason why. The only reasons that are generally accepted for rescinding settlement agreements are fraud or a kind of mistake that both parties went into the settlement based on. The Council had to judge for themselves whether they had a - 43- }4INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 strong enough basis to persuade the Judge that the settle- ment agreement should be set aside. It is not favored in the law to break a settlement agreement. Attorney Friedland added that the aggrieved parties (Lake Boynton Estates and Joseph Molina, as an individual) have already retained Counsel and filed a motion to intervene in the litigation. The purpose of that was to allow them the standing to attack the settlement agreement. In their pleadings, it states that they want to file an appeal and have an Appellate Court determine the fundamental issue of whether the settlement agreement is legal or void. Without the City taking any action, Attorney Friedland advised that the democratic process under Chapter 163 will subject the City's settlement agreement to the scrutiny of an Appellate Court. That will happen if the aggrieved par- ties are permitted to intervene. If they are not permitted to intervene, Attorney Friedland said the Council can expect them to file an independent lawsuit, challenging the settle- ment agreement. It is likely to happen one way or the other. If the city does not answer within thirty days, Mayor Cassandra asked if the aggrieved parties will also proceed to bring a lawsuit against the City. If the city does not respond at all, Attorney Friedland replied that the aggrieved parties will have the right to go into Court. The whole purpose of the verified complaint is to give the City a chance to correct action that it may have been ill-advised to take on a local government level without the litigation. Councilman Hester noticed Attorney Friedland mentioned about settlement and asked if it took into consideration that the Comprehensive Plan will have to be met. Attorney Friedland answered that it was part of the settlement agreement. DCA must approve it. Councilman Hester pointed out that it would have to go through all of the steps that any other thing would have to go through and remarked that it was a highly emotional issue. Since it is in Court, he felt they should let it take its course. Those that want to challenge it may. Personally, Councilman Hester did not think he had done anything illegal. If he did, he was not given good advice by the Atttorney. Councilman Hester thought what he did was legal. It seemed to Councilman Hester as if they all wanted to become lawyers. He read the motion to rescind with some interest. Undoubtedly, Vice Mayor Zimmerman had not asked - 44- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 for any legal advice. Councilman Hester commented that Vice Mayor Zimmerman can get advice from anybody he wants to, but the person the Council hired for this particular case was the one they should get advice from. From what Councilman Hester heard from their Attorney, the settlement does cover consideration of the Comprehensive Plan. He thought that was the key issue. Mayor Cassandra agreed that definitely was the question of concern, but Vice Mayor Zimmerman's motion was not on the floor. One way or the other, they had to respond. If the Council failed to respond, Attorney Friedland said it would be taken as a denial of the complaint and would allow the aggrieved parties to go into Court. The filing of this is a condition precedent to going into Court. Considering the fact that the Comprehensive Plan in the form of the E&A report has been before the Council several times recently, Vice Mayor Zimmerman said every time 100% of the Council has voted not to change the Comprehensive Plan. He thought that was very good evidence that the City does not want the Comprehensive Plan changed and is not in favor of having the DCA consider it. On the strength of that, Vice Mayor Zimmerman felt the Council should stick to their guns that they are in violation of the City's Comprehensive Plan and that the agreement is totally against the wishes of the entire Council. Councilwoman Zibelli disagreed and stated that was what the settlement said. The settlement said if the City settled with Tradewinds, Tradewinds would take their plan before Tallahassee, and it would come back and become a part of the Comprehensive Plan. That was what the settlement was all about. Since the Council asked Attorney Friedland to sign the agreement, Vice Mayor Zimmerman pointed out that they also voted that the City will not change the Comprehensive Plan. Councilwoman Zibelli argued that the Council did not vote not to change it. They were voting to accept the Comprehen- sive Plan. Councilwoman Zibelli pointed out that there is a difference. Vice Mayor Zimmerman did not think so. Two meetings ago, Mayor Cassandra recalled that Councilman Hester directly asked Attorney Friedland a very important question, which was whether what the Council was doing was legal, but he did not recall Attorney Friedland's answer. - 45- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 Councilman Hester interjected that Attorney Friedland's answer was, "Yes." Mayor Cassandra asked if it was true that the Court favors settlement. Attorney Friedland answered affirmatively. Mayor Cassandra questioned whether it would favor the Council violating its own Code and violating the Statute about public hearings, because the Council agreed there was no reason to have a public hearing because that input would have no mean- ing because it was already decided that it had been approved by the majority of the Council when they agreed to the stipu- lation. Mayor Cassandra wondered how the Court would look at that portion of the law when it evaluated the balance of the scale. He wanted a definite answer because Attorney Friedland's answer would help decide a lot. When the issue first came up as to the settlement, Attorney Friedland reminded the Council that he advised them not to take any action that would bind them to take actions in the future. He repeated that advice two times, and a majority ~f the Council, having heard that advice, elected to accept the settlement proposal which bound them to amend their Comprehensive Plan and to adopt Zoning Ordinances in the future. Attorney Friedland said the Council was then presented with the agreement in writing, and he refused to sign the agree- Tent until the Council specifically authorized him to sign it. The question was called. There was vigorous debate on the question, and a majority of the Council directed him to sign the stipulation. Councilman Hester put the question to him as to whether it was legal or not legal, and Attorney ~riedland recalled that he proceeded to tell the story of the search for the one armed lawyer. Attorney Friedland recollected that he begged the indulgence of the Council to allow him to explain the policy consider- ations that had to be weighed. He explained it and had to answer the question with, "It is debatable. I cannot give you an answer. There is no decided case. There is no precedent. There is one case from a New Jersey jurisdiction that may have some weight, but there is no clear answer to that question." Attorney Friedland stated that it now appeared that it would be answered by an Appellate Court because three citizens are testing the validity of that settlement. Councilman Hester referred to the sign hanging above the Council and said they have five members of Council, and the - 46 - ~4INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 majority said it. If the majority says it, that is it. Councilman Hester was not saying they could bring up other matters pertaining to this case, but the majority voted. He thought some of the same people that did not want Motorola or the Mall might be involved in this. Councilman Hester did not see why it kept coming up when the majority already voted. If something was wrong, the Attorney should give that type of advice. From what Attorney Friedland said today, Councilman Hester said it covers the Comprehensive Plan. Councilwoman Zibelli commented that it has been such a high issue, and it was not fair when people on the Council were making decisions, and people on Boards were going out and raising ire at public meetings. She expressed t'hat it was very difficult, and she was going to stand her ground because she did not feel that she should be "bulled" into anything else. That was her decision. It was discouraging to her that people on the Boards were doing the type of things they were doing because she never thought that would happen. Mayor Cassandra noted that the advice Attorney Friedland gave was that they should not vote the way they did. For the record, he thought the minutes should reflect this, as it was very important. Mayor Cassandra's concern about the democratic process was that it is awfully hard to say that another majority cannot come in and change. Things change all over. Councilman Hester did not think you could change something that has been settled. Mayor Cassandra said that was the question they were discussing right now. Councilman Marchese sat through a good portion of these proceedings and thought the Council erred, but not in any malicious manner. He did not think the mechanism was really there for the Council to have settled the way they did. Time and again, the City's Planning Directors and the Planning and Zoning Board advised against it. The Council was told in no uncertain terms that they were modifying the City's Comprehensive Plan and that they had no right to do s~. Mechanisms are in place to make those changes. Councilman Marchese was not against the development of that piece of property and wanted to see it developed as rapidly as possible. However, he thought it should be done within the confines of the law of the City and, at the same time, he thought it could be done by not imposing an unreasonable set of adverse conditions on the people surrounding the area. Councilman Marchese believed the Comprehensive Plan specifi- - 47- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 cally states that the City shall not take steps to turn R-1AA or R-1 into something of less value, such as a C-1. He believed that the City should take this to Court and say to the Court, "Yes, we did err." Councilwoman Zibelli informed Councilman Marchese that it was okayed by the P&Z Board when it was 800 units. It came to the Council, and the Council turned it down. There was disagreement. Vice Mayor Zimmerman recalled it was at a ime when a number of the P&Z Board Members were missing. ouncilwoman Zibelli questioned whether he meant Alternate Members do not make as good decisions as Regular Members do. Mayor Cassandra thought to respond to the verified complaint, the question the Council should decide was whether they were in violation of the Comprehensive Plan. He felt it should be addressed, regardless. The second step after that would depend on the first step. Attorney Friedland interjected that the specific question the verified complaint presented to the Council was whether the City acted consistent with the Comprehensive Plan. With the settlement, Councilman Hester wondered if it would make it consistent with the Comprehensive Plan if the developer comes in. Attorney Friedland answered that was the very issue the Council had to decide, knowing what the settlement is and knowing what the Comprehensive Plan is. Attorney Friedland clarified that the Council was being asked to look back at what they did to consider whether or not what they did was consistent with the Comprehensive Plan. Councilwoman Zibelli pointed out that they did not have the person that made the original motion at that time. Attorney Friedland explained that this would be a motion on what action the Council was going to take on the verified com- plaint. He emphasized that a new matter was before the Council. A woman came forward and stood at the podium. Mayor Cassandra was concerned because it was not a public hearing. Vice Mayor Zimmerman thought if the woman spoke, others should also be allowed to speak. ~andy Sprague, Attorney with F. Martin Perry and Associates, 515 South Flagler Drive, West Palm Beach, wanted to address the narrow issue before the Council and not the merits of the whole matter. From her position at the County Attorney's office prior to going with Attorney Perry's office, this - 48- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 came up. Attorney Sprague suggested that the Council may have a third alternative on the 30 day response that is required. It was what the County chose to do in a particular situation, and that was to acknowledge the verified complaint and to indicate that they would see them in Court. Attorney Sprague believed the Council had a third alternative and did not have to address the issue of consistency with the Compre- hensive Plan at this point but could leave it to the Court to decide. Attorney Sprague and others disagreed with Mayor Cassandra's statement that if the City does nothing within 30 days, they will lose their right to do anything at all. Attorney Sprague assured him no rights would be lost. Vice Mayor zimmerman felt the Council's convictions were much stronger than this and warned that this was the opposition speaking to them, and they should have the right to form their own opinions without being influenced. Councilwoman Zibelli was not in agreement with Vice Mayor Zimmerman and told him not to say, "We". She stressed that she was not for Trade- winds but was feeling what was best for Boynton Beach. She still felt that she did not want to be left open to be sued personally. Ben Uleck, 1507 S. W. 17th Avenue, thought this was a work- shop meeting and no public speaking was to be allowed. He emphasized that no speaking should have been allowed. Mayor Cassandra advised that this was not a workshop meeting but was a continuation of the Council meeting that was held on Tuesday. The Council meeting was never closed, so this was not a workshop. The question was only if this issue was open to a public hearing. Mr. Uleck referred to people voting for the Council and stated that the Council person in District 2 should look at what the people in Districts 1 and 3, adjacent to this development want. Councilwoman Zibelli should too, and he explained. Mayor Cassandra told him his statements were out of order and reminded him that the issue before the Council was the issue of Tradewinds only. Mr. Uleck reiterated that the people voted for the Council t~ represent them but not to think for the people. The p~ople want the Council to think what the people want, not what the Council wants. Councilman Hester responded, "No way," and Councilwoman Zibelli emphatically replied, "No." Simon Ryder, 2379 S. W. 13th Avenue, was Chairman of the Planning and Zoning Board when they were first confronted - 49- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 with this~ He is still a member of the P&Z Board but was speaking for himself. Mr. Ryder recollected that originally, there were two proposals. One was a Planned Unit Develop- ment (PUD) for the entire thing, but that went down the drain. At that time, the vote was 4-3 to approve it. At that time, two Alternate Members voted. During this time, the Technical Review Board (TRB) and City Planning Depart- ~ment were opposed. Later on, Mr. Ryder said they had the second proposal, which was a Planned Commercial Development (PCD). That was denied Unanimously by the P&Z Board. Since then and following that, at no time did it go back to the TRB, the City Planning Department, or the P&Z Board. Mr. Ryder wanted to make the record clear that they never got an opportunity to go back. Each time a proposal was made, in his opinion, they were "concessions" that dealt with reducing a number of units and the density. Never, at any time, was any concession made about a mammoth shopping center of 200,000 square feet and two office buildings, which are a glut at the present time with Boynton Beach as well as elsewhere. Mr. Ryder emphasized that the impact of thousands of visits a day to this mammoth shopping center was devastating and pointed out that another 200,000 square foot area on Congress Avenue is being cleared for a shopping area. However, that was zoned for that purpose, and this was not. There is no prime need for any of this at the present time. Where they are zoned for that purpose, naturally, Mr. Ryder said the ity cannot oppose it. He said this was an incidence where ~ proposal in an established residential area was unjusti- fied. There was definitely no public need for a change in zoning to accommodate that. There was applause. Councilman Hester asked Mr. Ryder if he was saying because some of the regular P&Z Members were absent, the other Members could not make decisions. That did not make sense to him, and he explained. Councilman Hester noted that Mr. yder got upset about things getting built and said some hings he could not help or do anything about if they were zoned for that purpose. Councilman Hester continued that when he asked Mr. nnunziato what the density of this settlement was as opposed to Leisureville, it was the same thing. Leisureville is 6.2, and this is 6. It is what is best for the entire community. ouncilman Hester was born in Boynton Beach and commented hat if some of the people during that time felt the way - 50- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 Leisureville does now, Leisureville would not be where it is today. He stated that this town is going to grow, prosper, and develop. Councilman Hester understood, but from the development he had seen, there would be a berm on one side. The church is supposed to be on the side where Leisureville is. Traffic studies have been made, but the audience might not agree with them. Councilman Hester said he does not know anything about traffic and gets his information from the experts, which was why he was depending on Attorney Friedland to advise him. This issue has been here for 18 months. The Council has been ccused of being tired of it. Councilman Hester remarked hat he was not tired of it. It is in Court, and he thought they should let it go through the process. If the Judge says, "No," he says, "No." Councilman Hester said his vote as given. If the Judge says he was wrong, then he was wrong. He reiterated prior statements. Mayor Cassandra stated he was going to allow ten more minutes from the audience and would then close it because they were hearing the same thing. Attorney Sprague was trying to avoid going into the merits. She said what the Council had before it tonight was a very important procedural issue. From what they heard of what as proposed, Attorney Sprague thought going back to some of he merits of the zoning change may only cloud that issue and make it more difficult for the Council to do what they had to do. She said everyone was watching what was happen- ing tonight for very important reasons. This is in Court and will continue to be in the Court, and Attorney Sprague urged the Council to make their decisions on the procedural issue that was proposed and to avoid the issues that have already been decided, for better or worse. Mayor Cassandra agreed that the question that the Attorney raised should be answered. Marilyn Huckle, 656 Castilla Lane, noticed that Attorney Friedland addressed the Council with regard to the verified complaint and that he said the Council must look back and see if what they did was consistent with the Comprehensive Plan. Attorney Friedland confirmed that, in essence, Mrs. Huckle quoted him. She asked if they were looking at the Comprehensive Plan that exists now and not talking about something that may be amended later. Mrs. Huckle questioned - 51- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 whether they were talking about something that is actually in place. Attorney Friedland stated that he was not nodding his head "Yes" to that and said that was a difficult question. Mrs. Huckle asked what Attorney Friedland meant when he said ~he Council had to look back and see if what they did was consistent with the Comprehensive Plan. Attorney Friedland replied that the settlement agreement provided that the City would take action to amend its Comprehensive Plan. Vice Mayor Zimmerman interjected that they just recently voted against that. Mrs. Huckle referred to Attorney Friedland's words, "would take action", and said that was a future thing. Attorney Friedland agreed. Mrs. Huckle repeated that Attorney Friedland had told the Council to look back at what hey had done and said she saw a conflict in those two thoughts. ~f they were talking about looking back and seeing whether what the Council did was consistent with what is already on ~he books, Mrs. Huckle did not see how anybody could say that agreement was consistent with the Comprehensive Plan as it exists. She gave the following examples: Single family zoning. The Commercial part that was agreed to, if her under- standing was correct, was expanded from some 10 or 12 acres to something like almost 30 acres of Commercial. That is not on the current Comprehensive Plan. Mrs. Huckle added that there were probably other things that she did not have a chance to thoroughly investigate, and she was prompted by Attorney Friedland's statement that one thing the Council must do in responding to the verified complaint was to assess whether what they had done was consistent not with what they might do with the plan but how the plan currently exists. ttorney Friedland replied that it was not his analysis, and e wished to read the language of the law. Mrs. Huckle sked Attorney Friedland to tell her what he meant when he old the Council how to respond to the verified complaint. She asked whether he meant the existing Comprehensive Plan. Attorney Friedland read that the law states that any aggrieved or adversely affected party may maintain an action that is not consistent with the Comprehensive Plan adopted under this part and said what they were faced with, in eva- luating the verified complaint, was a decision as to whether - 52- ~INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 or not the matters that were alleged in the complaint are correct as they relate to consistency with the Comprehensive Plan. He emphasized that the issue was consistency with the Comprehensive Plan. As to Mrs. Huckle's remarks as to whether that meant the existing Comprehensive Plan or one the City would conform to if an amendment were adopted, Attorney Friedland said it was problematical and he could not answer because he did not know. Mayor Cassandra questioned whether it would be answered in Court. Attorney Friedland thought that would be an excellent place for it to be answered. Councilwoman Zibelli commented that they were almost assured that it would go 3-2. There was no doubt about that. Mayor Cassandra advised Councilwoman Zibelli that her statement was out of order. Councilwoman Zibelli asked if it would or would not rescind the Council's original motion. Attorney Friedland answered that the Council would be responding to the complaint and said Attorney Sprague's com- ments were well taken. The Council had the alternative of just acknowledging that they received the complaint and saying the City has no procedure for answering the question and has to litigate. Attorney Friedland explained that it was a condition precedent to the aggrieved parties going into Court. The City knows the aggrieved parties want to be in Court. They have already taken action to be in Court, and they are complying with the Statute by serving the verified complaint. If the Council wishes the aggrieved parties to continue on in Court, Attorney Friedland said they could just acknow- ledge they received the verified complaint. They did not have to take any action on it. Councilman Hester thought there was a lot of conflict going on in this particular case. The majority voted, and now the majority wants to, and it came up immediately after Council- man Marchese was sworn in. Councilman Hester stated that he was sitting at the dais Tuesday night and saw the Vice Mayor give the Mayor a note, and when Councilman Marchese got to this particular position, that was the motion that was made during the meeting. He continued that he is not privy to some information, but he did see that, and all of it happened immediately after someone was appointed to that position. Councilman Hester assured Mayor Cassandra that he was not making an allegation against anybody. Mayor Cassandra - 53 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 said Vice Mayor zimmerman gave him the motion. Councilman Hester stated that was what he said. There was argument, and Mayor Cassandra said Councilman Hester did not say that but implied that Vice Mayor Zimmerman gave him a note. Councilman Hester clarified that he was talking about the motion, and he asked if he did not say after that, this was what Mayor Cassandra read. Mayor Cassandra asked that the minutes reflect that it was the motion that he received. Councilman Hester emphatically said he was not accusing anybody of anything. He was not saying Councilman Marchese had anything to do with what happened. All he was saying was that it came up immediately after the Council had a new member sworn in. That was not accusing anybody of anything because he could bring up anything he wanted to after he was sworn in. Councilman Hester reiterated that he was not saying anything about any- body and was not accusing anybody of anything. Gary Lehnertz, 619 S. W. 2nd Avenue, President of Lake ~oynton Estates Homeowners Association, said it seemed like the important thing before the Council was the Council's declaration that what needed to be addressed was whether the settlement that was approved by the City Council was really in conjunction and serving the purpose of the City's Compre- hensive Plan. To say they are going to pass a law after they make some type of decision was not right, and he explained. Mr. Lehnertz thought the Council had to say they did not act in accordance with their Comprehensive Plan, and they needed to change that. Roy Essery, 118 S. W. 8th Court, asked if the Comprehensive Plan had to do with density. Mayor Cassandra replied that part of it did. Mr. Essery thought the Council spent a lot of time studying the Plan, hashed it over, and sent it to Tallahassee. When Tradewinds bought the land, they bought it "as is", zoned as R-lA Residential. He understood the Commercial was zoned R-2. Mr. Essery pointed out that it does not conform. Another thing he had not heard about was the limited access of traffic. They have 1-95, the railroad, and ramps on both sides. Mr. Essery asked about an evacuation plan for a railroad accident and reminded the Council that there were two here in the last ten years. Attorney Sprague again came forward, and there were protests from the audience. She said she could bring up Mr. Morton, - 54 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 Mr. Levy, or other people, but they asked her to represent them. Attorney Sprague wished to raise a very important question, and that was the nature of the settlement agreement which was executed, had the stamp of approval by the Court, and is now the subject of a Court Order. She asked whether or not there would be a contempt of Court issue if the Council made a decision tonight which would go against the subject matter of the settlement agreement. Attorney Sprague thought the Council needed to consider that as a possibility in their decision making. It seemed to Mayor Cassandra the question the Council was to answer was whether the City acted consistent with the Compre- hensive Plan, and that would be in response to the verified complaint. Attorney Sprague reiterated that the Council did not have to decide that tonight. That is something which can be decided in the Courts. Councilman Marchese stated that he was privileged to be nominated by Councilman Hester. Had Councilman Hester asked him before that about how he felt about the legal proceed- ings that the Council had taken prior to his being recognized y Councilman Hester as a possible candidate, Councilman archese said he woUld have made it loud and clear that he believed it then and still believes that the Council did not act in accordance with the Comprehensive Plan. That was his opinion, but he could be wrong. Based on that, Councilman Marchese said he would pursue it. Attorney Friedland said the Council must respond to the ~erified complaint and he did not see how it could be con- ~empt of Court. He advised that what the Council would do ~n responding to the verified complaint would not have a direct bearing on the Court issue and certainly would not be contemptous of Judge Rudnick's Order. He did not see that as being a consideration. Vice Mayor zimmerman said the complaint was verified because it was signed by all of the parties. They had received it previously, but it was not signed, and that was the only difference. Councilwoman Zibelli questioned whether she was to understand that with the verified complaint, the Council is no longer to talk about this issue with the citizens, and she wondered if it would be a conflict of interest if she would discuss ~t with a citizen after she votes. Mayor Cassandra did not think so and said she could discuss it with Tradewinds or - 55- 'MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 Lake Boynton Estates. He did not think there was any problem. Councilwoman Zibelli was talking about the citi- zens who brought the complaint against the City. Attorney Friedland advised that she had a duty to discuss all of the vital issues with the constituents. There was discussion about the motion. Attorney Friedland explained that he was trying to still the issue to its essence. These citizens were complaining to the City, and their complaint was that the Council did not act in consistency with the Comprehensive Plan. Motion Councilwoman Zibelli moved that the City was in compliance with the Comprehensive Plan. Councilman Hester seconded the motion. Councilman Hester asked if they would be liable to be sued. Attorney Friedland informed Councilman Hester that he had said the Council would in all likelihood be sued if they ~ook action to rescind the settlement agreement. Councilman ~ester asked if they would be in contempt of the settlement if they were to say they are consistent with the Compre- hensive Plan. Attorney Friedland did not think a vote one way or another way on this motion would be contemptuous of the Court. In other words, the contempt of Court issue was not one he was worried about for the Council. Vice Mayor Zimmerman believed what Attorney Friedland was telling the Council was that if they vote one way or the other on consistency or inconsistency, it would just be a direction to Attorney Friedland to put it legally and answer the complaint to the Attorney for the aggrieved parties. When Attorney Friedland spoke to the DCA staff Attorneys this afternoon with a question to DCA as to what kind of response the City could make, he was informed they could send a certified letter to the Attorney representing the p~ople containing the essence of the Council's motion, and he said he would do that. It would be a response. Mayor Cassandra told the Council if they voted "Aye" they would be saying the City was in compliance. A "Nay" vote w~uld be saying the City was not in compliance. At the request of Mayor Cassandra, a roll call vote on the motion was taken by Mrs. Boroni: - 56 - MINUTES'- CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 Vice Mayor zimmerman Councilman Marchese Councilman Hester Councilwoman zibelli Mayor Cassandra Nay Nay Aye Aye Nay The vote was 2-3. The motion failed. Attorney Friedland advised that an affirmative act was required in response. Councilman Marchese moved that the City was not in compliance with the Comprehensive Plan. Vice Mayor zimmerman seconded the motion with the understanding that would be the City's direction to Attorney Friedland to respond to the complaint. A roll call on the motion was taken by Mrs. Boroni: Councilman Marchese Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor zimmerman Aye Nay Nay Aye Aye Motion carried 3-2. Future Actions Mayor Cassandra expressed that the Council should have some legal direction from Attorney Friedland so they could direct the city Manager and City Staff as to what should be done next. City Manager Cheney asked if there would now be a hearing on the pending matter next Monday or Tuesday or if this would negate the need for that hearing. Attorney Friedland replied that the intervenors were now free to challenge the action in Court. As a condition precedent to them being in Court, this procedure had to take place. Prior to tonight's action, City Manager Cheney said it was the understanding that the developer would proceed with submitting material relative to the amendment of the Compre- hensive Plan, which would be reviewed in January in prepara- tion of going to Tallahassee in February. He asked if the City was to accept or not accept any such submission to amend the Comprehensive Plan if it is submitted. Maybe it was a question they could not get an answer to until the City went before Judge Rudnick, but city Manager Cheney thought they needed to know that. - 57- ~ ~INUTES - CITY COUNCIL MEETING ~ BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 City Manager Cheney said the City processes amendments to the Comprehensive Plan from anybody that submits them, regardless of the circumstances around them. However, because this is involved in a Court case, he questioned whether the City should or should not accept that process. Attorney Friedland was expecting the Judge to rule on the motion of the intervenors sometime next week. He asked for time to prepare a response to City Manager Cheney's question as to what the City should do from this point forward. City Manager Cheney stressed that it was important because the City was running out of time for review, and he did not want to be in a position of refusing to accept something, lose the first six months of next year, and then find they caused another lawsuit situation. He informed Attorney ~riedland that the developer has not yet presented materials. Attorney Friedland assured City Manager Cheney that he would prepar.e a response. Vice Mayor Zimmerman asked if Attorney Friedland had enough direction from the Council to properly respond at the hear- ing that will occur next Monday or Tuesday in regard to the ~otion before the Court. Attorney Friedland believed so. His position was that at that point, he will be able to inform the Court that the Intervenor complied with the Statute by presenting the complaint, which was identical to the complaint they served in Court, to the City, and the City, by a majority action, has responded that they did not believe that the action was in compliance with the Compre- hensive Plan. Attorney Friedland said he would send the certified letter tomorrow morning. Motion of Tuesday, November 18, 1986 Vice Mayor Zimmerman referred to the motion before the floor that he had placed that had never been withdrawn and wondered if it should be withdrawn. Since the Chair never repeated the motion that was made on Tuesday, November 18th, Mayor Cassandra asked if the motion died or if the motion maker had to withdraw his motion. Attorney Friedland replied that he was not a parlimentarian, but he did determine that the motion was out of order and Mayor Cassandra could rule it out of order at this time. Mayor Cassandra ruled the motion made by Vice Mayor Zimmerman on Tuesday, November 18, 1986 was out of order. - 58- ~4INUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1986 Workshop Meeting to interview Attorneys for position of City Attorney Mayor Cassandra announced that the Council was having a workshop meeting immediately following this meeting. ADJOURNMENT The meeting properly adjourned at 6:18 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Sou~ma~ ATTEST: Councilwoman .City Clerk ~~~R~~S~e cre ~ (~iivegTa~es'~~ - 59- AGENDA November 18, 1986 CONSENT AGENDA - ADMINISTRATIVE BARKER UNIFORMS~ iNC. Partial payment P.O. 67265 -- Ordered 825 V-Neck Tee Shirts - Paying for 511 this invoice. Pay from General Fund---001-000-141-03-00 CLUB CAR Lease and maintenance for 30 carts for October, 1986. Pay from Golf Course---411-727-572-40-33 $ 628.50 " ...... 41!-727~572-40-99 1,590.00 Total due $2,218.50 m COMPUTER GOLF SERVICE Annual Lease of Handicapping Computer Pay from Golf Course---411-725-572-40-28 DAVIS WATER & WASTE INDUSTRIES, INC. ~!~n fee for Odophos feed system at Lift Station 603. Pay from Water & Sewer Rev---401-352-535-30-65 Co~nci! approved 10/7/86 ~ER & WASTE INDUSTRI_~ES INC. 6 P~mps for Odophus Program. Pay from Water & Sewer Rev---40!-352-535-40-33 DE BRA TURF & I~N-DUSTRIAL EQUIP. COo ~Cushma~ngine riding mowers. Pay from General Fund~--001-722-572-60-41 State Contract No. 515-63-86-1 E_~ST &WHINNE~ Professional services rendered thru 9/30/86 in connection wiith annual audit for year ended 9/30/86. Pay from General Fund 001-131-5!3-40-66 $1,910.00 Pay from Water & Sewer Rev .... 40!-393-53~-40-66 1,590.00 Total due $3,600.00 e KIRK FRIEDLAND Professional services regarding Tradewinds Pay from General Fund---001-141-514-40-61 GRANADA VALVE & FITTING CO. 22 Orifice 4-Way-2Pc. Filter Valves for Water Plant. Pay from Water & Sewer Rev---401-332-533-40-33 1,871.07 2,218.50 2,400.00 1,500.00 1,278.00 13,646.00 3,600.00 2,475.00 1,002.41 11. 12. 13. 14. 15. 16. 17. 18. -2- ITT SYSTEMS, iNC. I Year Maintenance on all P C'S 10/1/86 to 9/30/87. Pay from various departments. I~M CORPORATION Copier III Model 60 - monthly charges. Pay from various departments. LEUPOLD & ~V.ENS~ INC. 2 Float operated water level recorders with horizontal ball bearing chart drum for Water Plant. Pay from Water & Sewer Rev---40!-331-533-60-42 "Sole Source" MC CANN ASSOCIATES~ INC. Providing examinations for Police Seargeant. Pay from General Fund---001-135-513-30-95 WILLIAM M. b~RCER-MEID~NGER~ INC. Consulting services rendered during August, 1986 for total of $6,500.00 and Quarterly billing for services rendered in fourth quarter ended 7/31/86 for total of $1,250.00 (Both amounts approved by Employees' Pension Bd. 10/30/86) Pay from Retirement Trust Fund---611-137-513-20-29 M__ILLER & MEIER & ASSOCIATES Architectural services for Boynton Beach Municipal Facilities Project No. 85906. Pay from various departments in Building Improve. Fund. N__ATIONAL LEAGUE OF CITIES Annual Membership dues 1/1/87 thru 12/31/87. PaY from General Fund---001-111-511-40-TG POST, BUCKLEY, SCHUH & JERNIGAN~ INC., INV. NO. 6 For professional services rendered from 4/26/86 thru 9/26/86 on the Boynton Beach Landfill Closure Project. Pay from Sanitation Fund---43!-341-534-90-62 SIRSI CORPORATION 1/3 software maintenance ~ $1,000.00 per year $333~33; 1/3 host equip~ maintenance $2,768.33? workstation equip- ment $1,022.00 for Library° Pay from General Fund---00!-711-571-40-6C 6,417.84 3,616.01 2,120.66 1,335.87 7,750.00 51,881.32 1,620.00 51,530.13 4,123.66 COUNCIL ..A PROVED,, 20. 21. 22. SUNNILAND CORPORATION Fertilizer for Golf Course Pay from Golf Course---411-726-572-30-66 L~IJAX Building maintenance supplies for various departments in city. WOOD BUSINESS PRODUCTS, INC. Copy Machine and Cabinet for Personnel. Pay from General Fund---001-!35-513-60-72 ........ 001-135-513-60-71 Total due Bid item 3/24/86 $1~585.00 85.00 $1,670.00 ALL-RITE ENGINEERING EST. ~1 Application ~I to 10/30/86 for Cherry Hills Improvement Phase III. PaF from General Fund---001-000-115-87-00 Reimbursable from Community Development of Palm Bch County. I, 148.85 2,551.20 1,670.00 4,162.50 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady Wo Swann, Finance Director I therefore recommend payment of these bills. 'D~'t~z7 L C ty Manager ?UNCIL AB, ROYED: ~Mayor and City Council City Manager Ail City Employees City of Boynton Beach Dear Mayor, Council and Staff: In as much as I did not take your time with a farewell speech at my last meeting, I felt it was appropriate to write this letter and as my last request, I would appreciate it if you would read it into the record. For the last 2 yrs. and 7 months I have had the honor of,serving as a member of the Boynton Beach City Council alongside of some of the finest people I have ever known. Each of the Mayors and Council Members I have served with have been of the highest caliber and I have enjoyed serving with each of them. While we ,may not ha,ve agreed on everything, we did manage to set a record by getting along about 90% of the-'time. In a world of ambiquity and equivocation, we tend to describe peoples attitudes on the issues of the day in terms .of' physical position. We say this person is a fence sitter, not committed to either side, or that person is sitting on his ~hands, ,meaning h-e applauds neither side. No one will ever be able to say that about the BOynton Beach City Council as each of us has always.been willing to take a stand on a position and defend that stance. While a~r opinions may have differed, I believe each 'of ~s wo~ld have fought to defend our colleagues right to disagree. I have always felt it was right to investigate, and discuss solutions 'to real positions of policY and of conscience and that the substance was ~lways ~more important than the label given to each of 'us. I would also like to extend my deep gratitude to the 'staff and employees of the city who are WithOut q~estion, the best of any city in the country. Our employees perform in the 'best interest of the city and have always been comfortable in the 'knowledge that the city council stood behind them all the way. I am proud to have been associated with our employees during my terms in office and I consider them not only employees,'b~t friends as weI1. The city has come a long way and I. am sure that the 'tre~d will continue if you continue to set goals ~and ~£g~re 'o~t t~h~' beS't way of achieving them. Boynton Beach has. emerged as a leader in this county and is an example for other cities to follow~. I will no longer be involved in the decision making, but I will always be available to serve you in any way you desire. I will now be able to enjoy the luxury of sitting in the audience and second- guessing your decisions without fear of criticism. ¥o~ b~ve ,my promise to remain quiet and not take up time in public audience, at least for a little while .......... / "Let us never negotiate out of fear. But let us never fear to negotiate."-J~FK~ Inaugural Address " L fO..UANTUM PARK November 14, 1986 Mr. Carmen Annunziato, City Planner City of Boynton Beach 120 N.E. 2nd Avenue P.O. Box 310 .Boynton Beach, Florida 33435 Re: R~solUtion of outstanding issues - Planning-.and Zoning Board minutes, Quantum Park at Boynton Beach Dear Carmen: In accordance with our meeting yesterday afternoon, November 13, 1986, this letter should act as a record of our agreement with respect to the TRB comments that we took issue' with at the Planning and Zoning Board meeting held Wednesday evening, November 12, 1986. These comments respond to the issues as they are listed within the various memorandums from the TRB. 1. With respect to the memo from William Cavanaugh of the Fire Department dated November 4, 1986, Quantum Park agrees to resubmit street names for .approval. 2. Memo from Tom Clark to Jim Golden dated November 4, 1986. With respect to item ~7, Quantum Park will 'show ~11 sidewalks' on the plan and profile sheets where they exist. However, it should be noted here that sidewalks will be constructed only within the public rights-of-way of N.W. 22nd Avenue 'and High Ridge Road. In all areas where there are private roads, only an 8' bike path will be installed along one side of the roadway. With respAQt to the additional comments in the memorandum, Quantum Park will comply with all of the requirements. 3. The memorandum to Tom Clark from Bill Flhshing dated October 31, 1986. Quantum Park will comply with all items of the memorandum except items ~2 and 3. Under items %2 and 3, Quantum Park only takes exception with respect to the lift stations. It is Quantum Park's intent to give fee title to.the lift station area at the time of final acceptance of the lift station and sewer system. Up until such time as the system is finally approved, the City will have easements to those areas which will be given by the platting process as now indicated. 2455 EAST SUNRISE BOULEVARD · SUITE 1106 · FORT LA. UDERDALE. FLORIDA 33304 BROWARD (305) 564-5114 ,, PALM BEACH (305) 734-3555 Mr. Carmen Annun~ziato, Continued Page 2' November 14, 1986 4. The memorandum from Tom Clark to Jim Golden dated November 3, 1986. Quantum Park-.agrees to comply with all of the commentary therein. 5. A memorandum to Carmen Annunziato from John A. Guidry dated November 6, 1986. Quantum Park agrees to comply with all of these comments except for the following: Under section 91 - plats. No exceptions. Under section 92 - plans. 'Item 91 - Quantum Park takes exception t0 adding the note as indicated. Since it is the utilities director's intent to have the maintenance Qf the sanitary sewer system beyond the main, maintained by persons other than the City, we hereby agree to incorporate the following notations on the plans: The maintenance responsibility for all sanitary sewers located on Quantum Park parcels, as indicated on the plats, shall be the responsibility of the owner of the particular platted parcel. In addition, the maintenance responsibility for .all sanitary services for line sizes less than 8" shall be the responsibility of the individual receiving service by such line. Item 94 - Quantum Park agrees with this condition with .... the understanding that after pumping station details are resolved at the shop drawing .stage, the final pumping station site will be defined and the title thereto transferred to the City at the time of its final exceptance. 6. Memorandum to the chairman and members of the Planning and Zoning Board from Carmen Annunziato dated November 5, 1986. Quantum Park is in agreement with all of the conditions for all of the comments except for the following: Item %7 - The entrance to the future C~ty park will remain as shown on the drawings. Item 98A & B - Quantum Park ASsociates hereby agrees that' they will construct the littoral zone and upland habitat in accordance with the requirements of the 'Development Order 'and the Ecological Report on file with the City of Boynton Beach within 20 months from the date of permitting and issuance of the excavation and fill permit for the project. They further agree to provide the City of Boynton Beach with a bond covering the cost of these improvements if said improvements are not completed and excepted by the City at the above stated date. O~UANTU,~I PARK ~ M~-. Carmen Annunziato, Continued ~ ~a~e 3 ' Novemb_er 14, 1986 Item %8C - Quantum Park Associates agrees to provide funds in escrow held by Palm. Beach County for the installation of said signals in lieu of the bonding requested under this item. It is my understanding that you, Carmen, and the members of the TRB are in agreement with these various items as stated herein and that we can be placed on the City Council agenda with the TRB and Planning Department's recommended approval in accordance herewith. If for any reason there are still any open issues, or if this is not the case, please contact me immediately. Ve~ruly yours, GWZ:aem CC: Mr. Edward B. Deutsch Mr. Thomas P. Misuraca Steven W. Deu~sch', ~sq. David S. Pressly, Esq. Mr. Enrico Rossi Mr. Rafael Saladrigas ~~. ~,r.~O'UANTUM- PARK MEMORANDUM 18 November 1986 TO: FROM: RE: Peter L. Cheney, City Manager Carmen S. Annunziato, Planning Director Cross Creek Land Use Element Amendment The developers of the proposed Cross Creek Planned Commercial Development (north of Boynton Beach Boulevard east of the Villager Shopping Center) have acquired an additional .74 acres of land north of and adjacent to the land which is the subject of a Comprehensive Plan Amendment. This land was acquired as a result of negotiations with the Lake Worth Drainage District, and it involves portions of LWDD Canal $24. In connection with this additional land, the applicant submitted a request for a Comprehensive Plan Future Land Use Element Amendment and also questioned the Department of Community Affairs (DCA) as to the necessity for going through the plan amendment process (see attached letter from Ciklin to the Planning Director). In this regard, I have written DCA asking for a clarification, and Mr. Kessler of the Department of Community Affairs has responded that the City can make non-substantive changes to plans previously received by DCA. Therefore, because the land use change requested by the developers of the proposed Cross Creek office/retail complex does not result in any additional square footage over what was previously agreed upon, it is recommended that the Evaluation and Appraisal Report Future Land Use Map be amended to show Local Retail land use over the .74 acres. This can be accomplished as a part of the ordinance adoption procedure. CARMEN S. A~UNZIATO /bks