Loading...
Minutes 11-05-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, NOVEMBER 5, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl zimmerman, Vice Mayor Robert Ferrell, 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 7:32 P. M. Rev. R. M. Lee, St. John's Missionary Baptist Church, had not arrived to give the Invocation, so there was a moment of silent prayer, followed by the Pledge of Allegiance to the Flag led by Mayor Cassandra. AGENDA APPROVAL Under "CONSENT AGENDA, G, Approve Authorization for Disposal of Records", City Manager Cheney added "~71 City Clerk." Under "H, Approval of Bills", he added a bill for $2,475 regarding Tradewinds from Kirk Friedland, Special city Attorney, and a bill involving emergency repairs to one of the Jet Vactors in the amount of $3,696.75. Mayor Cassandra added "C. Special Council Meeting, November 17, 1986 at 5:30 P. M." Councilman Hester moved, seconded by Councilwoman Zibelli to accept the Agenda as corrected. Motion carried 5-0. ANNOUNCEMENTS Mayor Cassandra made the following announcements: 1. City Hall will be closed Tuesday, November 11, 1986, for Veterans' Day. Veterans' Day ceremony will be on Sunday, November 9, 1986 at 10:00 A. M. at Veterans' Bicentennial Park Proclamations Mayor Cassandra read the following Proclamation: Mayor's D-Day In The War On Drugs - November 18, 1986 - 1 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 CITY MANAGER'S REPORT Landfill Closure City Manager Cheney informed the Council that the City would be meeting tomorrow (November 6, 1986) with the Department of Environmental Regulations (DER). It was his understand- ng it was one of DER's procedural public meeting items, and hey will talk about some of the test results the city had at the old landfill to see what the procedure will be for closing and to see what the aftermath is for having the landfill over all those years. City Manager Cheney reported that both the Engineers the City hired and the County Engineers and laboratories, and DER's Engineers and laboratories have been taking samplings from the test wells, and that will be discussed at the meeting. He hoped they were getting close to the point where they would be able to finalize the landfill closing documents and get on with the closure. City Manager Cheney anticipated a iot of that would be on the agenda for the next Council meeting on November 18th. If something is in the papers, City Manager Cheney told the Council not to be surprised. Streets In This Year's Resurfacing City Manager Cheney passed out a list of the streets and said they were budgeted in the 1985/86 year. The funds have been encumbered, and he hoped the Contractor would be start- ing the resurfacing within a week or two. They are the streets the Council approved and the streets the City contracted for. Contract Awarded by County for Seacrest Construction Councilwoman Zibelli found out about the contract. As far as City Manager Cheney could tell, it includes all of the utility work. The City will be paying for a part of the project, which he hoped would start in a month or so. Apparently, it was authorized by the County Commission. Extension of the Golf Course road to the new Jog Road city Manager Cheney said the city still has some problems with the County and the Parkwalk development in getting the golf course road extended to the new Jog Road. It was his understanding, through Commissioner Owen's office, that this item is on the County Commission's agenda for tomorrow (November 6, 1986), and he hoped something would be approved. City Manager Cheney said he would be at the meeting to see - 2 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 what happens. Maybe the City finally has the County and the developer (Urban Development Corporation) also moving along. Extension of WoolbriHht Road through Quail Ridge It was City Manager Cheney's understanding that there was some delay in the review of the extension of Woolbright Road through Quail Ridge, and he hoped to find out tomorrow what has happened. As there were no questions, Mayor Cassandra said the City Manager's report would be accepted as presented. PUBLIC AUDIENCE Mayor Cassandra announced that anyone wishing to speak on an item 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 called 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. Cemetery Rules Dodie DiNizo, 655 Riveria Drive, and Mr. and Mrs. E. Slattery came before the Board. Mr. Slattery gave the Council copies of a letter composed by Mr. and Mrs. Philip DiNizo and Mr. and Mrs. Slattery, which Mayor Cassandra read. A copy of said letter is attached to the original copy of these minutes as "Addendum A". Mr. Slattery gave the Council photographs of grave sites taken by him around Memorial Day and photographs taken by Mrs. DiNizo after things were starting to be removed. He showed photographs of grave sites around theirs, and Mrs. DiNizo agreed with him that they felt they were being singled out. As the Council could see, Mrs. DiNizo said many of the graves have more than two items on them. Around Easter, Mr. Slattery took a Reporter to the cemetery, and they estimated how many grave sites were supposedly in violation of the rules. There were roughly 120 graves. One problem is that they do not know what an item is. Mr. Slattery questioned whether a floral rug is an item. His - 3 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 daughter is in one of four graves that they own, and Mrs. DiNizo's daugher is in one of four graves the DiNizos own. They were told they could put one or two items on each grave, and he thought they were getting into semantics rather than what the real issue is of why they have grave sites. Mrs. DiNizo told of things her grandchildren put on their mother's grave being removed. She asked if she was to tell her three grandchildren they could not take anything to their mother's grave since they have a candle burning there and a flower because the city says they are allowed only two things. Mrs. DiNizo also told about how she and Mrs. Slattery keep up their graves and expounded. She has told City Manager Cheney if he could go to the cemetery, then look at her and tell her the graves are unsightly, she would remove every- thing, but City Manager Cheney has never done that. Although she believes in rules, Mrs. DiNizo questioned how the City would enforce this. Mrs. DiNizo again referred to her grandchildren and said Karen Slattery was 14 years old when she died, and many of her school friends bring things. Mrs. DiNizo asked if she and Mrs. Slattery were to run there every day and immediately remove everything there above two articles. She emphasized that they were dealing with children's graves and said there is a different feeling. You have to have lost a child to understand how they feel, and she explained. Unfortunately, the Cemetery wants to take this away from them. Mrs. DiNizo expounded and said they were hoping the Council would understand what they were going through. ouncilwoman Zibelli inquired whether anyone had specified hat two items are. Mrs. DiNizo answered, "No." For instance, if you have a vase and flowers, she asked if they consider the vase as one item and the flowers as item ~2. Mrs. DiNizo elaborated on the way she and Mrs. Slattery maintain their graves, reiterated that they are definitely being singled out, and they want help. city Manager Cheney responded that it was a tough subject and no one could understand what the two families have felt because they have not gone through the same thing. There has been a lot of correspondence over the last 1½ years, and he wanted to prepare copies of the correspondence and give it to the Council after the meeting. Letters were written to others than the Slatterys and DiNizos, but most of the response has been from the Slatterys and DiNizos. - 4 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 City Manager Cheney said additional letters are about to be sent out to another five or six sites where there are two or more items on the graves. The letters have not been sent because he wanted to find out how many grave sites the family has so he can let them know if they have more than one, they can have two items per grave site. City Manager Cheney said the rule developed by the Cemetery Board said two items per family or two items PERIOD. In one of their letters, Mrs. Slattery and Mrs. DiNizo suggested that if you have four sites, you should be able to have eight things. The Cemetery Board agreed to that. City Manager Cheney elaborated. City Manager Cheney suggested this be further discussed at the Cemetery Board meeting. The City Council has delegated the responsibility of making rules for the Cemetery to the Cemetery Board, and he doubted that the Council was going to overturn those rules now without the Cemetery Board being present. City Manager Cheney commented that he writes letters, but he has not set the policy. Therefore, he did not feel he could be flexible and waive the policy. Mayor Cassandra said to suppose the Cemetery Board decides the two items per grave is the way they want to go after they meet. He wondered if the Council would have any authority to request a change. If they felt that was an unreasonable rule, City Manager Cheney assumed that the Council would. He suggested that maybe the procedure would be for the Council to meet with the Cemetery Board and discuss it or ask the Board to come to the meeting. The Council has to judge when they want to tell an Advisory Commitee to whom they delegated things over the years to do something different. Mayor Cassandra asked Mrs. DiNizo and Mr. and Mrs. Slattery what they would consider acceptable. After telling what was on her daughter's grave and elaborating, Mrs. DiNizo replied that she was saying something within reason that looks nice. Mayor Cassandra was looking for a number that would satisfy them. Mr. Slattery explained that if the emotion is taken out of a cemetery, it is a real estate transaction. To change the rules is like changing zoning. The people that are affected should be notified. The City should talk to them and get a consensus of their opinions instead of arbitrarily coming up with rules. Mr. Slattery said this was really what they were dealing with, and he explained. - 5 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Mr. Slattery informed the Council that they came to solve the problem because they were going to go into a petition drive. He thought they should all sit down and get some reasons because the City itself was in violation over Memorial Day and on special days when people come. Mr. Slattery explained that it was not reasonable because at Christmas and Easter, people bring cut flowers. In four days they die, so it would be silly to go the first night and arbitrarily take them off. Mr. Slattery expressed that cemeteries are for the living, not for the dead. It is an emotional thing. Councilman Ferrell thought it should go back to the Cemetery Board, and he elaborated. Councilwoman Zibelli felt they should also think about the height and width of the items, which may contain it. Mr. Slattery thought the idea of items had to be qualified too, and he explained. He said the graves are well kept where mostly young children are, and he expounded. Mrs. DiNizo wanted the Cemetery Board to understand that when they are dealing with younger people, it is more difficult than an older person because they have so many friends that are bringing things. A family cannot control it. Vice Mayor Zimmerman asked what the rules were at the time they bought the lot. Mrs. DiNizo answered that artifical flowers or wreaths may be placed on graves by owners and relatives provided they are tastefully placed on the grave sites. She read that cemetery employees may remove such flowers when they become untidy or unsightly to the appear- ance of the cemetery. Vice Mayor Zimmerman noticed that it did not specify a number. Mayor Cassandra agreed with Councilman Ferrell that they should talk to the Cemetery Board and said the Board would get a copy of these minutes. He suggested no numbers and added that width and height may be an approach. City Manager Cheney informed Mrs. DiNizo and the Slatterys that the Cemetery Board will meet Thursday, November 20, 1986 at 7:30 P. M. and recommended that it be held in the Council Chambers. Adult Functional Illiteracy Program by Community Relations Board (CRB) Barbara Kruger, 2563 S. W. 10th Court, Chairwoman of the CRB, said adult illiteracy is a serious national and local - 6 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 problem, which concerns all of us. For the past two years, the City, through the public library, has provided an illiteracy program. Mrs. Kruger understood they had 50 volunteers and 15 people they are helping. The problem the library has had is that they cannot find people that need the help. In September, ABC and public broadcasting received programs on illiteracy and received 200 responses from Palm Beach Gounty alone. The CRB, in conjunction with WXEL, WPEC, and the Palm Beach County School Board, will be presenting a symposium on Project Plus (Project Illiteracy United States), Tuesday, December 2, 1986 from 8:00 A. M. until 9:00 A. M. at the Boynton Beach Civic Center. She hoped everyone would attend and that in the next month, they would encourage all of the business and civic leaders they come into contact with to also attend. Mrs. Kruger said George Hunt, Assistant city Manager, is in the process of getting a mailing list out. She had a few flyers with her. For information, people should contact Mrs. Kruger or Mr. Hunt. Sanitation Pickup Wilda Searcy, 402 N. E. 13th Avenue, said the "fellows" ~icked up part of the rubbish in her neighborhood yesterday but not all of it. She referred to a woman in Chicago say- ing you should pick up, even if it is just an orange peel. Mrs. Searcy said here, the men being paid a salary, throw  he garbage all around, and she has to clean it off the treet. She elaborated and said she wanted a response. Fire on N. E. 13th Avenue Mrs. Searcy told of an abandoned house being on fire and everybody being afraid that their houses would be burned up. She told the Council to see how deplorable it is at the railroad and N. E. 13th Avenue. Mrs. Searcy said the fire trucks could not open up the fire plugs because a car was parked next to it. Sidewalks Mrs. Searcy asked when the City would start work on the sidewalks. Mr. Schneir told her the City was going to start with the sidewalks and street. City Manager Cheney informed her that the City is not doing any sidewalk program on her - 7 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 street but are continuing a project in Cherry Hills. Mrs. Searcy wanted to know why they would not be in her neighbor- hood. As they discussed over and over again, City Manager Cheney again explained that the right-of-way on Mrs. Searcy's street is not wide enough for sidewalks. The sidewalks would be right up in front of the porches. There has never been a program approved by anybody to put sidewalks on N. E. 13th Avenue. Mrs. Searcy stated that she has to stop on the street and her insurance will go up on her car. She said the City would be liable to make it adequate for her to drive down her street. City Manager Cheney retorted that she could drive down her street. Many streets in the City do not have sidewalks. There were further comments by Mrs. Searcy. N. E. 13th Avenue Inadequate Neighborhood to Raise a Child Mrs. Searcy advised that it is documented that Social Services said her neighborhood was inadequate to raise up a child. City Manager Cheney asked her to tell him who it was in Social Services so the City could have a conversation with the person. Mrs. Searcy answered, "Mr. Wilford". He is with the State, in the Federal Building. Mrs. Searcy offered to give details. Affirmative Action Policy in Hiring Employees Mrs. Searcy thought there was enough population of blacks or a minority in the City to have some affirmative action in the City Hall. City Manager Cheney replied that the City has affirmative action. They hire anyone that comes in who is capable of working. Attorney When the city was looking for an Attorney, Mrs. Searcy said she sent in some names, and American Civil Liberties sent in some names. Mayor Cassandra responded that they were to go to the Mayor, and he received nothing. Mrs. Searcy replied that she would find out where they went, and they would see. Mayor Cassandra informed her that the advertising in the Journal said it would be closed October 22nd. Councilman Hester advised that they had eight resumes. Mayor Cassandra added that it was open and no names came to him from the minority group or the American Civil Liberties. Councilman Hester corrected Mayor Cassandra's statement, saying that there was one resume from the minority list. - 8 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Speaker Allowed Too Much Time to Speak A man in the audience objected to speakers being allowed more than three minutes, as other people wished to speak too. Mayor CasSandra explained that he was giving Mrs. Searcy the same amount of time he gave Mr. and Mrs. Slattery and Mrs. DiNizo. Youth Work Program Mrs. Searcy inquired whether a program was set up and said it should it should be year around. The City Manager should appropriate monies to work the children in. Instead of standing on the corner selling drugs and harrassing people, they would not have to do that, and could go to work. Councilman Ferrell said the ones selling drugs need to go to jail. Mrs. Searcy wanted a written response to all she asked of the Council tonight, and she repeated prior statements. Landfill Closure Timothy J. Granowitz, 4719 Canal Drive, a resident of the Biltmore Terrace Subdivision, which is adjacent to the landfill, said their subdivision has a little over 200 dwell- ing units. They are anxiously awaiting the results of the test wells and other work as far as the closure of the land- fill is concerned. Their Homeowners Association has been relatively inactive, but they will be electing new Officers this coming week. They would like to follow closely what occurs with the landfill in the future. Mr. Granowitz wondered if City Manager Cheney would correspond with them. City Manager Cheney informed him that the meeting would be ~t DER on Gun Club Road, West Palm Beach, at 2:30 P. M., but he was not sure which conference room. City Manager Cheney continued that the City knows that years ago, they were operating a landfill before there were any standards on landfill operations. The City recognizes that, and the Council has appropriated a couple hundred thousand dollars more to go through the procedural process of getting it closed. The City is committed to do whatever the regulatory agency requires and to close it, cap it, put clay on it, or whatever is necessary, and to take a look at the individual well system. The City's position has been uery positive. - 9 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Mr. Granowitz said the Homeowners' Association understood and was looking forward to working with the City. THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes Regular City Council Meeting Minutes of October 21, 1986 Special City Council Meeting Minutes of October 30, 1986 B. Bids Re-award portion of the "Pipe Fittings & Accessories" Bid - Utilities The Utilities Department concurred with the Purchasing Director's request to United States Pipe and Foundary Company, as outlined in his memo of October 22, 1986. C. Resolutions Proposed Resolution No. 86-AAAA Re: Release of Bond for sidewalks and swales - Skylake Plat II - North of Old Boynton Road, east of E-4 Canal, south of C-16 Canal "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPT- ING 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" 2. Proposed Resolution No. 86-BBBB Re: Amended Pay Plan "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING RESOLUTION NO. 86-SSS WHICH ADOPTED THE PAY PLAN FOR 86/87" D. Development Plans None. - 10 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Confirmation of Election Results held October 17, 1986 - Police Officers' Retirement Plan By memo dated October 20, 1986, Betty S. Boroni, City Clerk, confirmed the election results. F. Approve request for zoning approval for Alcoholic Beverage License Boynton Corner Cafe 2923 SOuth Federal Highway BoyntOn Beach, Florida 33435 Bert Keehr, Deputy Building Official, in his memo of October 29, 1986, said 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. Approve Authorization for Disposal of Records - No. 69 Finance, No. 70 City Clerk, and No. 71 City Clerk H. Approval of Bills The following bills were added by city Manager Cheney: bill in the amount of $2,475 from Kirk Friedland, Special City Attorney re Tradewinds Settlement, and bill for emergency repairs to one of the Jet Vactors in the sum of $3,696.75. Councilman Ferrell moved, seconded by Councilman Hester, to approve the Consent Agenda, items A, 1, 2; B; C, 1, 2; E; F; G, with the addition of 971; and H, with the addition of the two bills listed above. Motion carried 5-0. BIDS None. PUBLIC HEARING None. DEVELOPMENT PLANS None. - 11- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 86-38 Re: Amending Section 14-7.1 of city Code - Train Whistles City Attorney Vance read proposed Ordinance 86-38 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 14 MOTOR VEHICLES AND TRAFFIC, SECTION 14-7.1. WHEN SOUNDING TRAIN WHISTLE/HORN PROHIBITED; PENALTY. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA TO PROVIDE THAT THE SECTION SHALL RELATE ONLY TO 'RAILROAD - HIGHWAY GRADE' CROSSINGS; PROVID- ING THAT EACH AND EVERY OTHER PROVISION IN CHAPTER 14 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PRO- VIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE: AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Ferrell moved to adopt Ordinance No. 86-38 on final and second reading, seconded by Councilwoman Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 86-39 Re: zoning - Bethesda Hospital City Attorney Vance read proposed Ordinance No. 86-39 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 P.U. (PUBLIC USAGE DISTRICT) TO C-1 (OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE - 12- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Councilman Ferrell moved to adopt proposed Ordinance No. 86-39 on first reading, seconded by Councilwoman Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 86-40 Re: Annexation - Diaz Property City Attorney Vance read proposed Ordinance No. 86-40 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO PETITION OF THE OWNER OF SAID TRACT OF LAND REQUESTING ANNEXATION PURSUANT TO SECTION VII (NO. 32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044., FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVER- TISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION, AND FOR OTHER PURPOSES" Councilman Hester moved to adopt proposed Ordinance No. 86-40 on first reading, seconded by Councilman Ferrell. Vice Mayor Zimmerman had voted against it before and said he was concerned about the retail zoning. Mrs. Boroni took a roll call vote on the motion, as follows: Councilwoman zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Aye Aye Nay Yes Aye Motion carried 4-1. - 13 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 3. Proposed Ordinance No. 86-41 Re: Annexation - Briscoe Property city Attorney Vance read proposed Ordinance No. 86-41 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO PETITION OF THE OWNER OF SAID TRACT OF LAND REQUESTING ANNEXATION PURSUANT TO SECTION VII (NO. 32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044., FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVER- TISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION, AND FOR OTHER PURPOSES" Councilman Ferrell moved to adopt proposed Ordinance No. 86-41 on first reading, seconded by Councilwoman Zibelli. Mrs. Boroni took a roll call vote on the motion, as follows: Mayor Cassandra - Aye Vice Mayor zimmerman - Aye Councilman Ferrell - Aye Councilman Hester - Aye Councilwoman Zibelli - Aye Motion carried 5-0. Proposed Ordinance No. 86-42 Re: Special retail promotions at regional malls City Attorney Vance read proposed Ordinance No. 86-42 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13-22 'LICENSE TAX SCHEDULE' OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO PROVIDE TH~AT THAT SECTION SHALL RELATE TO PROMOTIONAL RETAIL ACTIVITIES LOCATED WITHIN REGIONAL MALLS IN THE MALL/ CONCOURSE AREA; PROVIDING THAT EACH AND EVERY OTHER PROVISION IN CHAPTER 13 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE; SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor zimmerman moved, seconded by Councilwoman Zibelli, to adopt proposed Ordinance No. 86-42 on first reading. - 14 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Mayor Cassandra believed the City Code did not cover special events in the Mall, and he informed the Council that this would put in a fee for special events in the Mall. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Aye 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 first 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 A SEVERABILITY CLAUSE; AN EFFECTIVE DATE AND FOR OTHER PURPOSES" In connection with the Downtown Review Board (DRB) and the Central Business District (CBD), City Manager Cheney said when the City created the DRB, they gave the DRB the authority to approve site plans and projects in the CBD. They put a member of the Planning and Zoning Board and a ember of the 'Community Appearance Board (CAB) on the DRB nd said they wanted developers, land owners, property owners, and people who were improving their buildings to go to only one place (DRB) instead of all the others. One thing City Manager Cheney said the City did not do at that time was to remove from the CAB the ability for the DRB to give landscape variances. The purpose of this Ordinance was to take those variance activities, as they affect the CBD, out of the CAB and put them with the DRB, so the City can continue that idea of only going to one place. - 15 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 City Manager Cheney said the Council may have received a memo from Dianne Lawes, Executive Director, Community Redevelopment Agency, which raised this question. It also had a question of height. City Manager Cheney advised that the height control stays with the Mayor and City Council and never was with the CAB or anywhere else. He repeated prior statements. Vice Mayor zimmerman moved to adopt Ordinance No. 86-43 on first reading, seconded by Councilman Ferrell. Mrs. Boroni took a roll call vote on the motion: Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. RESOLUTIONS Proposed Resolution No. 86-CCCC Re: Adopt Budgets - Utilities and Community Redevelopment Agency . . .TABLED City Manager Cheney recommended this be taken off the table. Councilman Kester so moved, seconded by Councilman Ferrell. Motion carried 5-0. City Manager Cheney told the Council the budget for the CRA was the same as when they received it at budget time with an exception that related to income. At the time they first put it together, they had some estimates on the assessed base of the City. The City got final assessment figures from the County, and they were lower than the first figures. With the millage the City, County, and hospital established, the total revenue anticipated for CRA was somewhat less than they thought it would be back in September. In the budget in front of the Council, City Manager Cheney was recommending that shortfall be taken out of the pending loan the Council made available some years ago to the CRA so that they can keep the budget expenditures the way they had been. It would mean of the $150,000 maximum loan the Council authorized at one time, there is $22,000 that is still not used or that has been forwarded to the CRA, even with the amount of loan City Manager Cheney proposed to add here. - 16- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Because that shortfall, or those dollars, were really the dollars which had been established so the CRA could do some projects, city Manager Cheney was proposing that they keep the budget at the level it was. If the CRA does not have those funds in there, they cannot do some of the landscaping, median improvement projects, and parking study they want to do, and he explained. If the funds are not there, then City Manager Cheney said the momentum the CRA is picking up and going on will "pretty much" halt. What city Manager Cheney recommended was still well within the $150,000 but the same budget the CRA had put together in September. Dianne Lawes, Executive Director, CRA, was pre- sent if the Council had any questions. The Utilities budget was held up at the last meeting because the Mayor had questions to be sure they had properly accounted for personnel as they changed them around within the divisions of the department. The Finance Department looked at that and gave Mayor Cassandra a report which explained those things. City Manager Cheney recommended that the Council pass the Resolution to adopt the Utilities budget. If they end up not liking something, they can always make amendments to it, and he explained. City Manager Cheney wanted to get the Resolution adopted so the City could get on with getting the final budget printed and adopted. Mayor Cassandra asked if they were going to have one Resolution for both budgets. City Manager Cheney answered affirmatively. city Attorney Vance read proposed Resolution No. 86-CCCC by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPT- ING A FINAL UTILITY BUDGET AND A FINAL BUDGET FOR COMMUNITY REDEVELOPMENT AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Councilman Hester moved, seconded by Councilwoman Zibelli, to adopt proposed Resolution No. 86-CCCC. Motion carried 5-0. - 17 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Proposed Resolution No. 86-DDDD Re: Abandonment and Disclaimer - Bethesda Hospital City Attorney Vance read proposed Resolution No. 86-DDDD by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA VACATING AND ABANDONING A RIGHT-OF-WAY CONCERNING PROPERTY HEREINAFTER DESCRIBED; RESERVING AN ~ASEMENT FOR PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS SAID PARCEL; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID RIGHT-OF-WAY; PROVIDING AN EFFECTIVE DATE; AND 'FOR OTHER PURPOSES"  ice Mayor zimmerman moved, seconded by Councilman Hester. o adopt Resolution 86-DDDD. Motion carried 5-0. Proposed Resolution No. 86-EEEE Re: Relative to Sale of Public Service Revenue Bonds ($11,650,000) City Attorney Vance said this Resolution is essentially required by the Municipal Bond Insurance Association (MBIA), and he informed Mayor Cassandra that .nothing would change in numbers.  ity Attorney Vance read proposed Resolution No. 86-EEEE by itle only: "A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 86-XXX, ADOPTED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AND ENTITLED, 'A RESOLUTION AUTHORIZING THE ISSUANCE  F NOT EXCEEDING $11,650,000 AGGREGATE PRINCIPAL AMOUNT OF UBLIC SERVICE TAX REVENUE BONDS OF THE CITY OF BOYNTON EACH, FLORIDA, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY HE COST OF ACQUIRING AND CONSTRUCTING CERTAIN RECREATIONAL AND GOVERNMENTAL FACILITIES TO BE OWNED AND OPERATED BY THE CITY; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND OF ANY ADDITIONAL BONDS AND THE INTEREST THEREON FROM CERTAIN 5ESIGNATED REVENUES, PARTICULARLY PUBLIC SERVICE TAX FEVENUES; DESCRIBING THE TERMS, SECURITY AND OTHER PROVISIONS £F SUCH BONDS; SETTING FORTH THE RIGHTS AND REMEDIES OF THE £WNERS OF SUCH BONDS; PROVIDING THAT NO ADDITIONAL BONDS ~HALL BE ISSUED OR INDEBTEDNESS INCURRED PURSUANT TO RESOLU- dION NO. 84-TTT, ADOPTED ON SEPTEMBER 5, 1984 AUTHORIZING ~ND S~CURING RECREATIONAL FACILITIES REVENUE BONDS OF THE £ITY; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE ATE', TO EFFECT THE MODIFICATIONS REQUIRED BY THE MUNICIPAL OND INSURANCE ASSOCIATION AS A CONDITION TO ITS ISSUANCE OF BOND INSURANCE POLICY IN RESPECT OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE" - 18 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Mayor Cassandra informed the people that the city had passed a bond to build some recreation in the north end of the City and in the south end of the City that consists of a multi-recreational faCility for the south end and a multi- recreational facility for the north end, plus a park in the north end, and the Tereesa Padgett Park on Congress Avenue. It was already passed, and this Resolution was just picking up some loose ends that were omitted at the Special Council Meeting that was held. Councilman Hester moved to adopt proposed Ordinance 86-EEEE, seconded by Councilman Ferrell. Motion carried 4-1. Vice Mayor zimmerman voted against the motion. OTHER 1. Consider Tower Site Lease and Joint Use Aqreement TABLED City Manager Cheney requested that this be left on the table until the next Council meeting. THE COUNCIL TOOK A BREAK AT 8:43 P. M. at 8:50 P. M. The meeting resumed Review of Report from Special City Attorney regarding Tradewinds (Report is expected to be available on November 3, 1986) Mayor Cassandra informed everyone that there was a request by Terrell K. Arline, Attorney at Law, to speak. Attorney Arline said he would like a few minutes after the others spoke. Mayor Cassandra said Attorney Friedland submitted (1) a report to the Council, which encompassed basically a summary of the current situation; (2) the legal effect of a stipu~ lated settlement agreement; (3) how to implement a stipulated settlement agreement (which had subparts). Instead of Attorney Friedland reading it, Mayor Cassandra thought it might be easier for the Council to raise ques- tions of Attorney Friedland. Mayor Cassandra told Attorney Arline that whatever time he allows him, he would also allow Martin Perry, Attorney for Tradewinds. One of the stipulations the Tradewinds Attorney submitted to them raised a strong concern on Mayor Cassandra's part, and that was ~4 on page 5. It said, "To the extent that - 19 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 ordinances may be required to implement any of these actions, the City agrees to prepare and adopt any and all ordinances necessary to implement the terms of this settlement." Mayor Cassandra asked if this Council could decide for other Council Members. If they agreed, he wondered if they would circumvent what the Florida State Law is saying about public audience? Mayor Cassandra commented that, obviously, if they agreed to pass everything, why have public audience? He was very concerned about that particular statement and said he would appreciate some clarification. Attorney Friedland said the issue the Mayor raised was whether the entry into the stipulated settlement can with- stand a legal attack as to the procedural aspects of settling ~he case. He researched the Florida law on the subject and found no case that answered the question. Attorney Friedland received a telephone call from Attorney Arline last week, and Attorney Arline informed him that he was representing various citizens' groups that wished to challenge this procedure. He asked Attorney Arline for any authority he might have to support his contention that this is an improper procedure. Attorney Arline cited to Attorney Friedland several Florida cases that Attorney Friedland reviewed, and he found that they did not directly answer the question for the city. About ten minutes ago, Attorney Friedland said Attorney Arline handed him a case from the Superior Court of New Jersey that appeared to be more on point. That case, although not binding in Florida, holds that a municipal government cannot settle a zoning litigation case by a consent decree which, in essence, would be what they would be doing here. Attorney Friedland did not submit that as binding authority in Florida, but said it was an interesting case, close to the City's situation. The legal principles involved were balancing between the public's right to have input and the right to have the City follow its procedures. In the City Code, there is the requirement of a public hearing after action by the Planning and Zoning Board, and there' is the requirement of a public hearing before action by the City Council. If they enter into a written stipulation to settle the case and it is confirmed by the Court, Attorney Friedland said - 20- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 the Council would be binding itself to take certain legisla- tive acts such as the one Mayor Cassandra just pointed out to them. They would be binding themselves to adopt certain Ordinances in the future. The Council would then be put in the position of holding public hearings with the result already predetermined. Attorney Friedland talked with the staff counsel for the Department of Community Affairs (DCA) to see if any help could be offered to them on this question. They have never had a question ~come up in this form before and could not offer any help. Attorney Friedland found himself in the proverbial two handed lawyer situation and said he could tell the Council that, on the one hand, the City should have a right to settle the litigation with finality, get it over with, and not have to say, on the other hand, the legality of this prlocedure could be challenged. He could not give the Council any assurance that this procedure could withstand a legal challenge. There is simply no direct authority on the point. Vice Mayor Zimmerman asked if Attorney Friedland considered this to be zoning by contract. Attorney Friedland thought it could be distinguished from the classic contract zoning ~hich is prohibited by the fact that they are in litigation, and there is some consideration to be given to settling liti- ~ation without going through an entire new application pro- cedure. The Council has spent so much time on this. Attorney Friedland commented that they have heard it many times, and there has been much public input. %ttorney Friedland was sure Attorney Perry would tell them they had the right to take the bull by the horns and settle this case. He was sure Attorney Arline would tell them they ~.ust follow all procedures which would mean, in essence, to equire Tradewinds to file an entirely new application and ~.arch through all of the procedural steps that the City Code equires. To the extent that the final page was already signed by the Attorney for Tradewinds, and they were asking Attorney Friedland to receive authority to do the same, Vice Mayor zimmerman asked if Attorney Friedland would say it was a contract with two parties signing a document. Attorney Friedland answered that it certainly had the elements of an offer and acceptance. Attorney Perry put his letter in the form of an offer to the City to settle the case, and Attorney Friedland said Councilwoman Zibelli's motion was a counter - 21- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 offer, which Attorney Perry then accepted, so it would appear to have the required elements of a contract (an agreement) to settle the case. Attorney Friedland wanted to highlight the situation the City had now. Attorney Perry's letter was directed to Attorney Friedland, as Special Counsel for the city in the litigation. Attorney Friedland read from the second paragraph under point #~, -page 5 of Attorney Perry's letter: ". . .If found to be acceptable to the Commission (Council), then we suggest the C~mmission authorize you (referring to Attorney Friedland as the city's Attorney) to enter into a stipulated settlement of the pending litigation. . ." Attorney Friedland thought that was the point that the Council was at tonight. A~torney Friedland continued by saying Counsel for the Developer has presented to them a stipulation and settlement agreement which he was now requesting Attorney Friedland to sign. Attorney Friedland advised that he would require the direction and authority of the Council to sign the document. r F om what Attorney Friedland said, Vice Mayor zimmerman thought it definitely outlined all of the parts of a contract. ~n agreement signed by two people is a contract, so Attorney Friedland had answered his question very plainly. Councilman Hester noticed Attorney Friedland talked about input, and he pointed out that they have had input for 18 months on this. He is not an Attorney but, to Councilman Hester, they were trying to settle something that had already been through all of the procedures completely. The input they will get again will be the same identical thing. A traffic study has been done and density, which was the key issue. Councilman Hester remarked that in this community, they have to live together, and it should not be a fragmented com- munity because they think something will happen in the area. It might happen, but Councilman Hester asked, "Who knows?" It could happen, and it might not. He repeated prior state- ments. ouncilman Hester asked Carmen Annunziato, Director of lanning, for the density. The density in the new proposal is six units per acre. Leisureville is six point something, which Councilman Hester said did not make them much dif- ~ferent, but density is density. - 22- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Councilman Hester did not know how long he had sat on the Council but what bothered him was the immaturity of some of the City's adults, and he explained. As far as he was concerned, they had enough discussion on this. Councilman Hester read in the paper that some of the people said this was not legal, and he wanted Attorney Friedland's legal opinion (because Attorney Friedland represents the City and the Council) as to whether what the Council did the other night was legal or not, as far as Attorney Friedland knew. Attorney Friedland could not offer a definite answer. Councilman Hester told Attorney Friedland to give him an opinion and added that the Council hired him to do this. Attorney Friedland replied that it would amount to arguing an appellate brief right now and was asking him to be the judge of the case. Councilman Hester was not asking him to judge a case but was asking Attorney Friedland's opinion as to what he thought the Council did at first and whether it was legal or not, as far as Attorney Friedland was concerned. If Councilman Hester was asking him if it was legal, he was asking him to make a prediction on how a Court would decide a case. Attorney Friedland asked Councilman Hester to bear with him and explained that it was a situation where it was not fair for him to be required to answer either "Yes" or "No". He asked, "How will the Court view the case?" Attorney Friedland looked to the existing law of Florida and found no precedent in the law of Florida as to how a Judge would decide this case. Ten minutes ago, he was shown a case of another State that says it is not legal, and Attorney Friedland frankly did not know whether that case could be contingent to the law of Florida and the facts of this case. Attorney Friedland frankly did not know and said it would not be fair to the Council to give an "off the cuff" opinion. He could only base his opinion on an emotional feeling or gut" reaction of how a Court would view this. Attorney riedland said they definitely had some problems created with the kind of procedure the City has in its Code. The Code requires the City to submit an amendment to the Compre- hensive Land Use Plan to the Planning and Zoning Board. A ~ublic hearing is then closed. A City Council meeting is then required and then an approval. A public hearing is also required in conjunction with the City Council meeting. Attorney Friedland recommended to the Council that they follow the procedures set down in the City's Code. That ran - 23 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 head on with the problem of signing a Stipulation and agree- ing to take a legislative act in advance of the public hear- ings. Attorney Friedland had a problem with that. Councilman Hester guessed Attorney Friedland was saying he did not know what a Judge might do with the proposal. Councilman Hester thought it was cut down to 500 or 600 and some units, and he was wondering what people would say and what the reaction would be if the Judge would say it was all right to let them build 800 units. Councilman Hester was bringing this out because the Council was trying to do some- thing they thought was right. What he was concerned about was what was right for the whole community, not a special segment, and he expounded. Mayor Cassandra thought Councilman Hester asked a good ques- tion, and he wanted to pursue the legality portion of it. The City has in its Code that they must wait one year before reconsideration of an applicant. The Council recently ~oted on the Planned Commercial Development (PCD), and it was voted down. Section 9, page 1938 of the City Code implies within one year of final action of Council, Mayor Cassandra asked if they can vote on the PCD, as far as the COde is concerned, or if they have to wait a year. Attorney Friedland was familiar with the Code's position that Mayor Cassandra was citing and advised that it provides that after denial of an application, the same application cannot be considered within one year unless there is a substantial reduction in density. The newly adopted ordi- nance, which he believed they adopted in April or May, sets orth some criteria to determine whether or not the new sub- mittal is a less intense use of the land. The PCD proposal submitted to them in terms of a settlement offer did not meet the criteria of being substantially less intense. Whether the Council could reconsider it within this short amount of time was difficult for Attorney Friedland to answer, as was Councilman Hester's question, because this was not being presented in the context of considering a new application, being presented as a proposal of settlement. Attorney Friedland thought the existence of that provision created another procedural phenomenon in the City's Code. It can be attacked by anyone who wishes to challenge the legality of what the Council is doing, so it is another opening for a challenge to what the Council was doing. - 24- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 It was Vice Mayor zi~merman's opinion that they, as a Council, were bringing this problem upon themselves. If they followed the procedure and laws set up, they would have no problem at this time, but they were bringing the problem on themselves by the majority action of the Council. Councilwoman Zibelli commented that it had not been the normal, run of the mill case, but had been something exceptional. If it were to go to Court, she asked if it was a possibility that the Judge could say that the developer could have 800 units. Attorney Friedland believed that the ~ensity in the proposal which is in litigation right now is 618. (This number was confirmed by Mayor Cassandra.,) If they do not agree to settle the case, Attorney Friedland said only two possibilities could result from the litigation. The decision of the Council could overturn, and the Court could order them to approve the Planned Unit Development (PUD) at that density of 618, or Tradewinds would have to submit a brand new application for any other proposal other ~han the existing zoning. Councilman Ferrell agreed with Councilman Hester that they were elected to make decisions, and he was of the impression ~hat they had already made the decision they were being asked ~o make tonight. He knew it was a hot, political item, but it seemed as though they made the decision some weeks ago. There had been some meetings that all of them were not aware of; a lot of things were brought up on the decision they ~lready made, but Councilman Ferrell distinctly remembered a 3-2 vote to go ahead with this and wanted to make that point. Councilman Ferrell stated that this is litigation and not our standard type of case. It has gone through all that. he City has had all the public hearings. Councilman Ferrell was sure Attorney Arline was going to get up and ~ive his advice, which will be what that group pays him to ay, just like other Attorneys the Council has heard say 'hat they are paid to say. He did not have a problem with hat. If they were going to get down to real technical oints, Councilman Ferrell felt they had the authority to .ake decisions as the elected body. If it is contested in ~ourt, so be it. Councilman Ferrell remarked that is bound o happen from time to time. ~n Councilman Ferrell's opinions, the Council had been there ~or public hearings a long time (1½ years), and they are settling on something that is a lesser impact tha~ what was - 25- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 initially presented. Much the same do they have public hearings on a particular item, close the public hearing, and sit there. They have done it time and time again and have made changes to a particular plan and do not come back five minutes later and reopen for another public hearing. Councilman Ferrell thought they were looking at somewhat of a similar situation. If the Council could not settle this, then Councilman Ferrell thought the whole question of whether elected officials could settle litigation in any manner would be on point. Maybe they should welcome a Court decision to find out whether they make the decisions they are elected to make or if someone else influences them all of the time. When it gets into litigation, he thought the City Council had an obligation and a duty to make decisions, and that is it. It stands. Councilman Ferrell was under the impression that the Council already did this and that they were going ahead on someone's request and going back over something that was settled two or three weeks ago. Attorney Friedland responded that the action taken at the previous meeting was done of record, and he did not think they were reconsidering that so much as going on to the next step, which was what they do. Councilman Ferrell said he called Attorney Friedland because he had some questions. A meeting was called that all of the Council was not aware of and, apparently, Attorney Friedland was under the impression they were aware of it. Councilman Ferrell felt all of the Council should have been made aware of the meeting and involved if they were going to drag this thing out. Councilman Ferrell stated that it was clear cut that it was a political issue, and he did not think anyone was going to deny it now, but they should all have been involved. As he discussed with Attorney Friedland, November 17th seems to become a key date to several people opposed to this because Councilman Ferrell said he will be gone. His point was that ~hey had made a decision, and he did not see where they had a problem with it. Vice Mayor zimmerman asked what meeting Councilman Ferrell was referring to. Mayor Cassandra wished to answer and said they will have a problem with the Sunshine Law unless they advertise a public meeting. Being the Mayor of the City, he asked Attorney Friedland to meet with City Manager Cheney and him to discuss what the next procedure was that the City had to take as far as the 3-2 vote. Vice Mayor zimmerman - 26 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 was not aware of that. Mayor Cassandra agreed, but said all of the Council was informed of the meeting afterwards by city Manager Cheney. Councilman Ferrell interjected that he was not here. Vice Mayor Zimmerman emphasized that nothing was wrong with it. He just did not know about it. Mayor Cassandra continued that City Manager Cheney proceeded to tell each one of the Members what took place. City Manager Cheney advised that he never got to Councilman Ferrell. Mayor Cassandra told Councilwoman Zibelli that she was there. She walked in; they invited her in; and they did not discuss anything involving decision making. Mayor Cassandra said city Manager Cheney told him that he told Councilman Ferrell exactly what the Attorney said at that meeting, so nothing was said that everyone did not find out. Mayor Cassandra said city Manager Cheney could not get Councilman Hester, and he told Councilman Hester it was last Friday. City Manager Cheney said the point he put to the Attorney was what he should do to implement the Council's majority vote. After the meeting, he was faced with what he should do now (whether he should have Orders prepared or do anything). That was the only purpose of the meeting and the discussion. Councilman Hester said someone was at his house all day Friday, and he could not understand because somebody is always at his house. Mayor Cassandra advised that he cannot call Councilman Hester. City Manager Cheney made it clear that they sat there to ask Attorney Friedland what he (Cheney) should do next and he repeated previous statements. City Manager Cheney suggested to Attorney Friedland that he needed to write something else to identify what the City should do next. Councilwoman Zibelli walked by and was there and listened to what he was saying to do next. City Manager Cheney saw Vice Mayor zimmerman and Councilman Ferrell later on, in the next day or two, in the hall and aid the City would try and do that. He did not try to call nybody, but the purpose of the meeting was what the City ~hould do to implement the majority vote of the Council. The majority vote of the Council was to proceed with a settlement. The question City Manager Cheney had was how the City should proceed legally. From that came Attorney Friedland's state- ment. City Manager Cheney said his question will still be - 27- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 whether he is supposed to do something after tonight's vote, if there is a vote, to implement the majority vote of the Council. If the majority vote is to sign the Stipulation, he suspected they would then have to do things which Attorney Perry referred to in his Stipulation, which was to draw the DCA requirements on the Comprehensive Plan Amend- ments, etc. and prepare those Ordinances. That will get clear later on tonight, if the vote of 3-2 stays where it has been, and City Manager Cheney assumed that it would. Councilman Ferrell assumed the intent of the meeting was to find out how they would go ahead and do what the Council already voted on. It was his understanding that what the purpose of it then and the ultimate result of it would be that they would need a motion to authorize Attorney Friedland to approve the stipulated agreement. Attorney Friedland confirmed that was correct. Otherwise, Councilman Ferrell said they would not need to end up going back into a discussion of the whole project again. The way he saw it going, it was just another oppor- tunity to debate it again, and that was really not what the Council was there for. They voted on the issue, and this meant they might authorize him to go ahead with it. If there is nothing in the City's Code and no precedent set, as Attorney Friedland had said, of what should come next, Vice Mayor Zimmerman did not think the Council ought to be doing anything next. Councilman Ferrell understood, which was why he said what he just did. He told Vice Mayor Zimmerman that he (zimmerman) and Mayor Cassandra do not lan~ ~t, and three of the Council Members already made the eclslon. It seemed to Councilman Ferrell it was just a uestion of them starting to go ahead because he was just old the intent of the meeting was to determine what was the next step to go ahead. It seemed to Councilman Ferrell the next step would be a motion, and he moved to authorize Attorney Friedland to approve the stipulated agreement. He did not know whether the motion would be repeated but said he would make it. Vice Mayor zimmerman asked if they could have discussion. Councilman Ferrell advised that they could have it after a motion. ayor Cassandra s~ated that the meeting was a discussion of he acceptance of the situation, and he did not think that - 28- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 the Stipulation was complete. Mayor Cassandra was concerned about that one particular paragraph and said there were questions that city Manager Cheney raised. 1.3 acres does not belong to Tradewinds but belongs to the City, and that should be addressed. They have changed the recreation requirements of the Code, and Mayor Cassandra thought the Stipulation, as it stood, was not complete and should not be accepted as presented. However, that would be a decision this Council would make. Councilman Ferrell had raised the question about the vote of 3-2, yet Mayor Cassandra remembered reading in the newspaper that reasonable people have the right to make reasonable changes in their minds. In all of the readings he heard and all of the newspapers he read, Mayor Cassandra knew it had been in front of the Council for a long time, and he knew ~hat was not the reason this was being settled. Mayor Cassandra had not heard the Land Use reply discussed, and he thought it was a very important question. The Land Use is a f!unction of the Council, as it decides how the land should be fused through its Code, Comprehensive Plan, special considerations of the PUD, PCD, or Planned Industrial Develop- ment (PID), not the Developer. The Developer does not request how the City should develop the land. The Council does, be it the present, past, or future. Mayor Cassandra thought that question should be addressed. He commented that he raised this question, but it did not get into the minutes the last time. The Land Use presently is R-lA and 90.32 acres. This will be reduced to approxima- tely 11 acres Land Use. R-3, which is presently 13 acres and presently zoned, will be increased to 33.3 acres and maybe a little bit more now with the last proposal~~ they had before them. C-2, presently 10.69 acres, has been increased to 29.64 acres. The recreation varied. The church property is 12.6 acres. Mayor Cassandra emphasized that the question the Council should decide on was the Land Use. The implementation portion was what they had to decide tonight, and Mayor Cassandra said there was no sense in bringing all of this up. He thought it should be in the minutes as far as the present, how the land is being used, and the density factor. Mayor Cassandra thought the density was very high. As a matter of fact, the Developer's attitude, according to today's paper, if the paper is right, is that they are going to challenge the State's decision as far as the Comprehensive Plan is concerned. - 29- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Mayor Cassandra was concerned that the Stipulation should be approved as is because it lacks a lot. No one (the Technical Review Board) addressed the ingress/egress streets. Mayor Cassandra warned that if the Council approved this, the Developer can build anything they want because the Council approved it. That was one of the things the Council should be concerned about, and that was what the information did not address. Mayor Cassandra continued that the Attorney the Council picked mentioned that there is a head-on collision between ~hether it is or is not legal. He questioned whether the Court had the right to tell the City how to zone its land and did not believe they did. Once they sign the Stipula- tion, Mayor Cassandra said the Council will have predecided exactly what will be there. How long they have been in front of the Council was not the question. Mayor Cassandra thought the question all the while should have been the proper land use. Mayor Cassandra said there was a motion on the floor. Councilman Heater read something about the DCA. He advised hat nothing can happen unless it is approved, and he read hat also in the newspaper about them challenging the DCA. He said the city would have to take plans back and asked if the City already had its two chances. City Manager Cheney newer aalapproved thatfor 1986 the City from received DCA. in the mail the second pon approval of this, Councilwoman Zibelli asked how Trade- inds would obtain their building permits, city Manager heney interpreted that the question was on approval of ~he stipulated agreement, how would Tradewinds obtain their building permits. If that happens and assuming there are no ~ther Court cases, it was his understanding from what was in the stipulated agreement written by Attorney Perry that he recognizes and acknowledges that the City has to take the lomprehensive Plan Amendment to the DCA. The City would take he Comprehensive Plan Amendment to DCA in 1987 with all the otes and actions the Council will have to take to get the rdinance to the DCA. If DCA approves it and continues to e in the mood of approving those things, then in early 1987, ihen the Comprehensive Plan and zoning are approved, they ill go from site plan to get a building permit. City anager Cheney suspected it would not be as easy as that. lot of things may challenge it along the way, but his answer was assuming there are no Court cases. - 30- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Councilman Hester asked if there was a possibility some of this could be worked out by the Council's direction to their Attorney so that some of the things that need to be done will be done. He understood no matter what the developer does, he will not have to abide by the Code. The Council knew what they had asked about Land Use, etc., and Council- man Hester wondered if the Attorneys could get together, work something out, and bring it back to the Council. Attorney Friedland had already taken this matter up with Attorney Perry. In his meetings with the City staff, there were two major concerns. One was the matter of the park, which Mayor Cassandra raised. Attorney Friedland asked the Council to recall at the last meeting, Attorney Perry stood up after the Council approved Councilwoman Zibelli's motion, and he voluntarily agreed to preserve that dedicated park area that a certain party owns and to attach it to the Sand Pine preservation area. Tonight, Attorney Perry had given Attorney Friedland a site plan showing how they propose to do that. He considered that matter could be resolved through an agreement. The other matter that was of concern to the City staff was a technical review. Attorney Friedland said Attorney Perry already agreed that he will stipulate and make an Amended Stipulation to include this, and they will file all of the required submittals and go through the regular and routine process of site plan approval to resolve all of these technical matters. He thought the two major matters that were a concern of the City staff could be resolved by an agreement through the Attorneys if the Council agreed that the Stipulation should be signed. Attorney Friedland said that did not answer all of the questions about the basic legality of the proceeding. Vice Mayor Zimmerman said it sounded like they were turning over their duty to know where the parks and things are going to be to Attorney Friedland. Attorney Friedland was taking on the responsibility of what the Council ought to be doing and that did not sound "copasetic". Councilman Hester did not see where Attorney Friedland was taking the responsibility from anybody. It has to come back to the Council anyway, and he asked how it would take away their responsibility. Attorney Friedland responded that he serves at the pleasure of the Council and will do whatever he is directed to do as long as he can live with it in his conscience. There were further comments. Attorney Friedland stated that he tried - 31- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 to separate himself from the political concerns that were obvious and tried to render the Council the best legal advice he could. It was not a situation that was black and white. Mayor Cassandra asked if Attorney Arline wished to speak. Terrell K. Arline, Attorney at Law, 325C Clematis Street, West Palm Beach, Florida 3340%, was asked by individuals from Leisureville to try and address their problems. Attorney Arline said there had been three groups on the floor: Concerned Citizens of Leisureville of Palm Beach, Leisureville of Boynton Beach, and Lake Boynton Estates. There are probably 1,000 or 1,500 members. Various members live adjacent to the property, are affected by it, and voiced their objections to the Planning and zoning (P&Z) Board, the Planning Staff, and to the Council on occasions. Florida law requires that the objections of the petitioners or individuals be addressed on the record, which Attorney Arline wanted to do. He intended to address Land Use issues, ~he Comprehensive Plan issue, the Code he thought was being violated, and the issue of contract zoning. It may allow counsel for the City, Attorney Perry, and him to get together and perhaps, if they could not agree, they could figure out the easiest way to disagree. ~ttorney Arline understood what the Council had before it now was a PUD, plus a PCD, in one application. The PCD has 5,000 square feet of office space and looks like there is height of probably up to four stories. They have 170,000 square feet of a shopping center, an 80 foot right-of-way, which is essentially a two lane road through S. W. 8th Street, a PUD of 450 multi-family units up to three stories and a density of 13.4 dwelling units per acre, 70 single family homes up to two stories, and a density of 4.3 dwelling units per acre, 3.76 acres of recreation, a lake essentially for storm water, and a church. Many of Attorney Arline's clients live in the shadow of trictly the single family homes. From living here, he said he Council knows the traffic generated through Woolbright Road, Boynton Beach Boulevard, and N. W. 8th Street will be - 32- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 impacted immensely. Attorney Arline reviewed the Murray Dudeck report and, rather than go through a traffic study, he said the numbers they were using was a shopping center of 146,000 square feet of commercial. They said it would generate almost 10,000 trips a day from the shopping center. Attorney Arline reminded the Council that from a Land Use standpoint, the property before them was up 50,000 square feet from what Murray Dudeck looked at. The PUD and Church are generating about another 3,500 trips a day. Attorney Arline commented that a lot of cars will be coming out of ~his project. Attorney Arline said the zoning map designates it as R-3 with a maximum density of 10..8 dwelling units an acre, essentially running along the railroad (a strip running north and south). The rest of it is R-lA (5.8 dwelling units an acre). Attorney Arline understood the zoning map essentially implemented the city's Comprehensive Land Use Plan. It was designed, based on the Comprehensive Land Use Plan, and does a pretty good job. Attorney Arline pointed out that the site has C-2 zoning on it, which is south of S. W. 13th Avenue. No shopping centers are authorized in C-2 zones. Attorney Arline stated that it violates the present zoning on the property, adds a higher density in the R-lA area (up to 13.4 units an acre is greatly in excess of what is authorized by the Zoning Ordi- nance in R-lA). It expands what basically is C-3 into an area that is zoned C-2, and it comes north from S. W. 13th Avenue up to 10th Street, which extends the boundary that is drawn now for Commercial into what is on the zoning map now as Residential, so Attorney Arline said they were extending a C-3 shopping center into an R-lA district. Attorney Arline had serious problems with the Land Use. It violates the Comprehensive Land Use plan. Attorney Arline thought the Council knew what the Comprehensive Land Use Plan was all about. It is a document that the Council, community, Planning and Zoning, and everybody knows about. The City brought in Planners because the State told them they had to. Attorney Arline expressed that the City did a ~good job. Being personally familiar with Boynton's plan since 1979, he told the Council it is one of the best in the State. The law is that they have to follow it, and he did not think they followed it. If they agree to approve Attorney Perry's development, they will be violating the City's Comprehensive Land Use Plan, and Attorney Arline said they cannot do that. - 33 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Attorney Arline said Attorney Perry is attempting to bypass the Planning Department, the Planning and Zoning (P&Z) Board, and avoid the Comprehensive Land Use Plan and public hearings on this. The City's Code requires that if the City is going to have an application such as this and even an amending application, it has to go through the P&Z review. None of that is happening. Chapter 163 of the State law reads and requires that if you are going to have a plan amendment, you have to have public hearings and public input. Attorn~ey Arline stressed that the Council could not approve ~his once they had a plan amendment because it was incon- sistenlt with the plan. The City has one of the most specific Land Use Plan maps he has ever seen. It actually draws where ~he multi-family goes, where the limit of the commercial is going to be, and what kind of single family they can put in %here. It is essentially a low density, single family in %he inner part (7.28 units for most of the property). This project is 13 point something for a major portion of it. Attorney Arline advised that the Land Use Plan also calls for Local Retail, which is essentially C-2, no farther north than S. W. 13th Avenue. This project violates the Plan. Attorney Arline said the City will have to amend its Plan to do that, and the City has not done that. He did not think the Council could adopt a Settlement Order without amending their Plan because if they did, they would be acting incon- sistent with their Plan, and ~hat would be illegal. Councilman Ferrell said contract zoning seemed to be a new word, which Attorney Arline obviously just learned, or knew it and taught it to some others. He also took exception to ~hat. If that was the big deal, Councilman Ferrell said to let them keep the fees and maybe all of the argument would be gone. That was not the reason for entering into the agreement. As far as their experience in dealing with growth management, Councilman Ferrell thought maybe some on the Council would have as much as Attorney Arline. Councilman Ferrell said Attorney Arline was paid to repre- sent the opposing viewpoint, and he had done that well, but e wondered how long they would keep going through another "dog and pony show". Councilman Ferrell clarified that the Council had heard everything Attorney Arline just said four or five times, and they were just going back through the hearing process and getting i:t again. This solidified that. Councilman Ferrell thought the Council should do the job they were elected to do and make a decision. - 34- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 It was pretty clear to him that violated the Code provision to discourage conversions to higher densities. Attorney Arline emphasized that it was a high density project in an area that is less dense. The Zoning Ordinance and Plan talks about six acres of recreation per 1,000. The way Attorney Arline saw it, the City is getting 3.76 acres of recreation, and they ought to be getting another 4.25 acres, so they are coming short on recreation. He advised that was a Plan violation and a violation of the zoning Ordinance. The City has a traffic element in its plan that talks about limiting the intensity of development to avoid exceeding the capacity of roads. Attorney Arline said the city will get level of service D on Woolbright and will have to six-lane Woolbright and have work at the 1-95 interchange. Attorney Arline stressed that the Plan is the law. The Council has to comply with the Plan, or it is illegal. When he heard what was happening (a settlement agreement to ~et out of a lawsuit), to Attorney Arline it was clear that it was contract zoning. He studied Land Use law and has a master's degree in Urban Planning, so he is real familiar with zoning law. Attorney Arline thought the Council was buying and selling its zoning authority. They made the decision on these pro-  ects and turned them down. Now the Council was coming back nd trying to change its mind. As consideration for the ouncil changing its mind, Attorney Arline said the deve- loper is going to pay the City's Attorney's fees and drop he lawsuit against the City. He thought that was a ontract and that the City could not do that. That was not growth management and not the Council's job. The Council was here to zone land. They adopted plans and have done a good job. Obviously, P&Z looked at this, made decisions; the Council made decisions, and it was gone. Now it was oming back to the Council with the pressure of a lawsuit, nd the Council felt like they were being squeezed to change their minds. If that was legal, Attorney Arline said growth management is over because all the developer has to do is sue, "put the screws to the Council", and they will change their minds. He said it could not happen and could not be the law. Attorney Arline agreed with Attorney Friedland that there is no law in Florida that talks about settling zoning cases. - 35 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 There is a Supreme Court case that has been around for a long time on contract zoning, and Attorney Arline read that a municipality has no authority to enter into a private contract with a property owner for the amendment of a zoning ordinance subject to various restrictions. Such collateral agreements are void, and any contrary rule would condone a violation of a long established principle that a municipality cannot contract away its police powers. This case was the case from New Jersey, which Attorney Arline had provided Attorney Friedland with. Attorney Arline said the case was a lawsuit because the developer did not get his permit. They settled the lawsuit, ntered into a stipulated settlement, and agreed where the eveloper would pay the Town's Attorney's fees, and the Town agreed to adopt whatever Ordinances were necessary to further implement the settlement agreement. The Court threw it out saying it was illegal, ultra vires, not zoning, and that they were contracting away their police powers. In essence, Attorney Arline said the Council was allowing this developer to get something that everybody else is not allowed to have, just because he sued the City. Not only was that contract zoning, it was not right and was not fair. Attorney Arline thought Mayor Cassandra pointed out the ~esting issue. He said the Council's vesting rights will bind future Councils, and he did not think the Council could do that either. Attorney Arline wanted the Council to say "No. Go to Court, and let the Court make the decision," to ~he developer's threats. If there was a way he could join in the Tradewinds case, he said he would do it. It is ~ confusing issue, and Attorney Arline thought the Council made the right decision the first time and ought to live with it. Councilman Hester took issue with the Attorney and resented him saying they were settling with Attorney Perry so they would not have to pay Attorney's fees, etc. That was not in his mind. Councilman Hester also read in the newspaper ~hat Mr. Joe Molina said the Council is tired of it, and that was why they Voted on it. That was not why Councilman Hester voted on it. He understood Attorney Arline's position ~ut took strong issue with him saying that and repeated his prior statements. Councilman Hester stated that he voted for it because he thought it was in the best interest of this City. He was elected to this position and had the ~ight to vote his own convictions. - 36- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Councilman Ferrell said contract zoning seemed to be a new word, which Attorney Arline obviously just learned, or knew it and taught it to some others. He also took exception to that. If that was the big deal, Councilman Ferrell said to let them keep the fees 'and maybe all of the argument would be gone. That was not the reason for entering into the agreement. As far as their experience in dealing with growth management, Councilman Ferrell thought maybe some on the Council would have as much as Attorney Arline. Councilman Ferrell said Attorney Arline was paid to repre- sent the opposing viewpoint, and he had done that well, but he wondered how long they would keep going through another "dog and pony show". Councilman Ferrell clarified that the Council had heard everything Attorney Arline just said four or five'times, and they were just going back through the hearing process and getting it again. This solidified that. Councilman Ferrell thought the Council should do the job they were elected to do and make a decision. Councilwoman zibelli reiterated what Councilman Hester said. She did not feel that anybody, ever in th~s world, could put the squeeze on her for her vote. Whatever she says is what  he feels in doing her homework. That was what Councilwoman ibelli believed and the way she felt. iayor Cassandra questioned whether Attorney Perry had any- hing to say. After some 18 months, Attorney Perry could ot think of anything that anybody here would be interested in hearing him say, but he said he would be happy to answer any questions. Councilman Ferrell thought they had already agreed. He wanted to clarify that it was not his opinion. Councilman Ferrell clarified that there was nothing there in an appli- cation. The Council was well beyond that stage in the liti- gation. As far as binding future Councils, that happens ~very time the Council makes any kind of decision. £ouncilman Ferrell said they have made many of them on liti- gation. Every time the Council makes a decision, it is ~lways subject to either being changed or a legal challenge wo weeks later, right after someone resigns, or after an lection. Councilman Ferrell did not think that was a good .oint. Motions louncilman Ferrell again moved to authorize Attorney riedland to approve the stipulated agreement, seconded by louncilwoman Zibelli. Mayor Cassandra repeated the motion by saying the motion was to direct the Special Counsel for Tradewinds to execute the Stipulation. - 37- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Vice Mayor Zimmerman moved to TABLE this because of the terrible, unsettled conditions involving the whole matter. Mayor Cassandra asked City Attorney Vance what the parlimen- tary procedure should be. He questioned whether he should act on the first motion. Vice Mayor Zimmerman interjected that a tabling motion takes precedence over any other motion. Assuming there is a second to the motion to table, City Attorney Vance advised that Mayor Cassandra would have to take action on that motion. Mayor Cassandra passed the gavel to Vice Mayor Zimmerman and seconded the motion to table. The motion failed with a 2-3 vote. Mayor Cassandra and Vice Mayor zimmerman voted in favor of the motion. A vote was taken on Councilman Ferrell's motion, and the motion carried 3-2. Mayor Cassandra and Vice Mayor zimmerman voted against the motion. Future Procedures After he signs this, City Manager Cheney asked Attorney Friedland if the City should not proceed with the preparation of Ordinances for the Comprehensive Plan Amendment. Attorney Friedland answered that the meeting he was asked to attend was for the purpose of informing the city Manager of how to implement the majority will of the Council. The iemorandum he prepared was prepared prior to Tradewinds' ounsel delivering the Stipulation, although Attor.ney riedland anticipated this happening and discussed it in the memo. Attorney Friedland said the first order of business will be to submit the Amendment to the Comprehensive Plan, which is needed in order to implement this settlement and adopt the rezoning Ordinances that are necessary. He contacted the epartment of Community Affairs and was informed that it was he opinion of the staff's counsel that they cannot enter- tain another proposal to amend the Comprehensive Plan in 986. Therefore, Attorney Friedland said they will have to repare it for submission in 1987. That will be the first rder of business that the regular City Attorney can. take over. Attorney Friedland stated that his job was completed. He Was hired to defend the City from the appeal of the developer. Attorney Friedland said he did not get very far because the MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 majority of the Council directed him to settle the case. Upon the signing of the Stipulation and the submission and report for cOnfirmation, his role will be completed, and Attorney Friedland said the Council can look to their regular Counselor to prepare the Ordinances that will be necessary and to do the work necessary to submit the amendments to the Comprehensive Plan. Attorney Friedland directed the Council to the City's Code for the procedure that must be followed from this point forward. Mayor Cassandra thanked Attorney Friedland for his services in this sensitive issue. Vice Mayor zimmerman thought Attorney Friedland did what he had to do because of the majority of the Council, but he still felt what the Council was doing was illegal. Councilman Ferrell thought Attorney Friedland handled a very hot situation and did a good job. Councilman Hester agreed. Future Lawsuits City Manager Cheney was concerned that the City may possibly be facing some additional suits. If they are, he needed to know who to refer the suits too. As Attorney Friedland was agreeable, Mayor Cassandra thought they should continue with him. OLD BUSINESS None. NEW BUSINESS None. ADMINISTRATIVE Consider appointment of one Alternate Member to Community Relations Board - Appointment to be made by Councilman Robert Ferrell ............. TABLED Councilman Ferrell moved to take this off of the table, seconded by Councilwoman zibelli. Motion carried 5-0. Councilman Ferrell appointed Susan Mahoney and said he would give her address to the city Clerk tomorrow. - 39- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Bo State Financial Assistance for Comprehensive Plan Preparation City Manager Cheney called attention to a memo the Council had from Carmen Annunziato, Planning Director, which identi- fied some money the City will be getting. Consistent with past directions of Council, City Manager Cheney said they were proposing to do as much of the Comprehensive Plan in house as possible as opposed to.having it all done by Consultants. City Manager Cheney supported that as being the best way to do it because it takes time to work with Consultants. As the memo pointed out, there are some things the city does not have the expertise for. Mr. Annunziato suggested that they spend $34,350 as outlined in the memo. If the Council agreied, City Manager Cheney said the City will begin putting togeither a Scope of Services for the appropriate Consultants, indicating what they will do, what staff will do, and how they will mesh. The City will advertise that scope of servlices, go through the Consultant selection process, bring that back to the Council, and the Council will select a Consultant. City Manager Cheney explained why this was the best way. City Manager Cheney said the Council had authorized the addition of three staff people in the Planning Department to help build up the City's in house capacity to do this. The City anticipates hiring one of those persons in a few weeks and one later on in the middle of the year. city Manager Cheney thought this was the best way to go about the Compre- hensive Plan. Vice Mayor zimmerman moved to allow the allocation of $34,350 for this purpose. Councilman Hester seconded the motion, and the motion carried 5-0. C. Council Workshop Meeting, November 17, 1986 at 5:30 P. M. Mayor Cassandra announced that he was calling this meeting for the following topics and to make City Manager Cheney aware of them: Process for Selecting Replacement for Councilman Robert Ferrell because the next meeting will be the Council Meeting. Mayor Cassandra said that will already constitute one Council Meeting that they will have to decide. Selecting a City Attorney. resumes. The Council has eight - 40- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 5, 1986 Assuming Vice Mayor zimmerman would go up, Mayor Cassandra said they will also have to get an Alternate to the COG. The Council must also have a Representative on the Metropolitan Planning Organization. Travel Allowance Procedure for the Mayor and City Council, which the City Manager wrote and the Council never acted on. Councilman Ferrell advised that when they have this meeting, he will be gone. He wondered if this would constitute a meeting. Mayor Cassandra thought the Charter said two regular City Council meetings. City Manager Cheney advised this should be called a workshop meeting. Then there would be no argument about whether there was a meeting. Vice Mayor Zimmerman pointed out that they cannot take any action at a workshop. Mayor Cassandra said the consensus of opinion would be shown at the meeting. City Manager Cheney advised that the first meeting would be November 18th and the meeting in December would be the second meeting. Mayor Cassandra said the seat replacement would have to be decided. The others would not have to be decided. ADJOURNMENT Councilman Ferrell made a motion to adjourn. The motion was seconded, unanimously carried and the meeting properly adjourned at 10:04 P. M. ATTEST: ReC~hdrieneg ~a~erse~ar~ CITY OF BOYNTON BEACH, FLORIDA - 41- AGENDA November 5~ 1986 CONSENT AGENDA - ADMINISTRATIVE e e ACTION BOLT AND TOOL CO. Tools and equipment for Fire Dept. for vehicle repair only. Pay from 1985/86 Budget---001-22!-522-40-33 ALLIED PROD~3CTS COMPASUf Pebble quicklime - Hi Calcium for Water Treatment. Pay from 1985/86 Budget---401-332-533-30-65 e Bo & H. SALES Supplies for Water ~istribution. Pay from 1985/86 Budget---401-333-533-60m51 "Bid Items" BARNEY'S PUMPSI~~NC. 1 Duplex Packaged Lift Station including: 2 Hydromatic submersible pumps, 2 Duplex Control panel per city specifications - Lift Station for new Post Office. Pay from Utility Capital Improve---404-000-169-11-00 Council approved 9/5/86° BOWER A~340NIA & CHEMICAL COMPANY Bulk Anhydrous Ammonia for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 FLORIDA POWER & LIGHT Street Lighting and-Power Line relocation for Cherry Hill's Improvement, Phase III. Pay from General Fund---001-000-115-87-00 Reimbursable from Community Development Div. of Palm Bch. County. HARRIS 3M DOCUMENT PRODUCTS Annual Service Agreement for 630 Plain Paper Reader Printer. Pay from General Fund---001-f~l-524-40-76 HOWARD FERTILIZER CO., INC. 20.87 Ton Bulk Granular Mix for Golf Course. Pay from Golf Course---411-726-572-30-66 2,108.71 13,561.62 1~994.25 9,902 o00 1,036.00 7 ~ 948.00 1,664.25 9,788.03 COUNCIL APPROVED: Meeting: !0. 11o 12. 13. 14. 15. 16. 18. -2- IBM CORPORATION Purchased machines and one-time programs. Pay from Federal Rev Sharing---320-000-247-1B-00 2,331.00 ~BM CORPORATION Maintenance service for month of October, 1986 for Printers, Display Stations, Mag Tape Unit, Sys/36 Unit. Pay from various departments in city. 1,089.50 IBM CORPORATION Annual Maintenance Charges 10/1/86 thru 9/30/87 for Display Stations and Printer Sys/36. Pay from various departments in city. I, 514.00 JONES CHEMICALS INC. ~2-One Ton Chlorine Cylinders for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-63 3,828.00 MOTOROLA INC. 5 Converta-com for Portables to be installed thru Transitronics for Fire Dept. Pay from 1985/86 Budget---320-221-522-60-9E 3,675.80 DANIEL O'CObTNELL GENERAL CONTRACTOR, INC. EST.%3 BO'at Ciub Park Expansion Project for period to 10/27/86. Pay from Utility Service Tax Fund---302-722-572-60-3L 51,561.00 S.Go PHILLIPS CONSTRUCTORS OF FLA.~INC. ~onstruction of Plant Expansion Project - SCRWTD Plant, City of Boynton Beach's portion. Pay from 1985 Construction Fund---409-000-!69-12-00 66,878.26 PITMAN PHOTO Kodak equipment for Police Dept. ay from General Fund001-211-521-30-8A Bid Items" 3,609.66 SAV-ON UTILITY SUPPLIES,. INCo Supplies for Water Distribution. Pay from 1985/86'Budget---401-333-533-60-51 "Bid Items" 1,751.50 SHADES OF GREEN NURSERY 10% retainer due as they have completed the Congress Avenue Tree Planting Project. Pay from 1985/86 Budget---691-000-269-20-00 1,900.00 COUNciL App~OttF. D: MeetinF,: ~ 20. 21. 22~ 23. 24. 25. -3- SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City's portion of Regional Board bills for Plant Expansion. Pay from1985/86 Budget---409-000-169-12-00 EDWARD D. STONE, JR. AND ASSOCIATES Architect's Fee for Boat Club Park Expansion Project for time expended 9/1/86 thru 9/28/86. Pay from Utility Service Tax Fund---302-722-572-60-3L VAN WATERS & ROGERS Insecticide for Golf Course Pay from Golf Course---4!l-726-572-30-61 ...... " 411-726-572-60-35 Total $2404.20 97.00 $2501.20 WALTON COTTRELL ASSOCIATES-PARTIAL PAYbI~T For contract Lift Station Conversions, installation for ~40! and ~402. Pay from Utility General Fund---403-000-169-11-00 MADSEN/BARR CORPORATION EST.~I For construction Test/Production Wells and Raw Water Main from 9/8/86 to 10/24/86. Pay from 1985 Construction Fund---409m000-169-01-00 CHARLIE ANDREWS Driver for Senior Citizens Club 4 weeks Pay from Federal Rev Sharing---320-641o564-40-5A Per Ordinance ~73-15, passed 5/15/73 WILLIE RUTH MCGRADY Server for Senior Citizens Club 4 weeks Pay from Federal Rev Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 $ 13,136.46 1,375.00 2,501.20 9~455.87 22,562.10 280.80 268~80 COUNCIL Meeting: -4- The bills described have been approved and verified by the department heads involved~ checked and approved for payment by the Finance Department. therefore recommend payment of these bills. eter L Cheney, City Manager COUNCIL APPROVED:. ~eetng, ~