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Minutes 09-03-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 3, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl zi_m~erman, Vice Mayor Robert F~rrell, 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 ~m~eting to order at 7:30 P. M. The Invocation was g~ven by Dye, Boynton Beach Congregational United Church, by the Pledge of Allegiance to the Flag led by Councilman Ezell Hester, Jr. AGENDA APPROVAL Under "OLD BUSINESS", Vice Mayor zimmerman added "Follow-up of Special Meeting Held Friday, August 29, 1986" and explained that he had been asked to put on the agenda, for further discussion, the subject of the City Attorney's position with the Council at present. Councilman Hester moved to adopt the Agenda with the addi- tion. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS Councilman Ferrell Victorious in Primary Election Mayor Cassandra made.the people aware that Councilman Ferrell was victorious in yesterday's primary election. He was running for the County Commission against Norman Gregory in District 4. Councilman Ferrell was congratulated. Proclamation - Industry Appreciation Week - September 15-19, 1986 Mayor Cassandra read the Proclamation. CITY MANAGER'S REPORT Population Estimate of the City City Manager Cheney received the population estimate of the City from the University of Florida this week. The figure - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 as of April 1, 1986 is 41,915, which is an increase of 1,788 over last year, or about 4.4%. The City will review this, and if there are any comments or reactions to it, forms will be sent back. Publicity for the City through WXEL During the last week, City Manager Cheney thought the City was fortunate to receive some interest from WXEL with candidates for Governor being in town. He thought there were a lot of good comments and said Boynton Beach was noted for having that kind of activity coming out of the city and going statewide over a public broadcast network. Boat Ramp Park City Manager Cheney reported that the new bait shop is being built, and a lot of things are going on at the Park. Public Hearings, Monday, September 8, 1986 and Monday, September 15, 1986 re Budget City Manager Cheney reminded everyone of these public hear- ings and asked that they schedule an executive session for negotiation matters after the meeting on the 8th. Annual Dinner for City Boards City Manager Cheney announced that this year the dinner for the City Boards will be on December 4th. Utility Capacity City Manager Cheney had not completed the detailed report they had talked about before because of the number of addi- tional factors to be put into it. He referred the Council to the Evaluation and Appraisal (E&A) Report of the Compre- hensive Plan and a page which analyzes the City's utility services (particularly water and water capacity) and shows there is a conflict in the E&A Report. City Manager Cheney said the City's plans, water capacity, and expected use are still on target, but there are two or three things the City is in the middle of that he wants in the quarterly reports. One is that John Guidry, Assistant Director of Utilities, has concluded that with some cost, but less cost per 1,000 gallons than a new plant expansion, the City can take the current water plant (16,000,000 gallons) - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 and get another 1,000,000 gallons out of it by changing some of the filters and some of the work. Mr. Guidry discussed that with the South Florida Water Management District (SFWMD) and the Health Department, and they agreed that it is possible and workable. Therefore, City Manager Cheney said the dollars per 1,000 gallons will be less than the dollars per 1,000 gallons of new construction. City Manager Cheney told the Council he would be back in a meeting or two with a detailed report as to how the City will propose doing that and the cost. Storage Tank that the City wants to build in the North Congress Avenue area on Miner Road At the time of an annexation here, 1-1/2 acres of land adja- cent to Miner Road, between Congress Avenue and Lawrence Road, were given to the City for an above ground storage tank. City Manager Cheney said the City anticipates it to be a 5,000,000 gallon tank, and that will be a part of what the Council will approve in the water system. Testing of New Wells Within a meeting or two, City Manager Cheney hoped to be able to give to the Council a fairly detailed schedule as to the testing and construction of the new wells west of Military Trail and advise when they are expected to come on line. The Council accepted the City Manager's Report as presented. pUBLIC AUDIENCE ayor Cassandra announced that anyone wishing to speak on an tem not on the agenda could do so now. If an item they wished to address was on the agenda, they should fill out a yellow form in the back of the rOom and present it to the City Clerk. Mayor Cassandra noticed several people wished to speak on ~he same issue and made it clear that he would enforce the. three minute rule. Solicitation Code and Registration of Solicitors ~oward R. Mirkin, Executive Director, United Cerebral Palsy 6f the Palm Beaches, 2829 Okeechobee B~r~ ~-~-~ Pa--~ - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Beach, Florida 33409, said the Solicitation Ordinance has good ideals, and he was in concurrence with permitting repu- %able charitable organizations to participate in having volunteers and having the community support those programs. Mr. Mirkin was concerned about the requirement of the 9rdinance whiCh asks each agency to submit a list of volun- jeers who, in turn, require an individual permit. If each ~ndividual solicitor has to be listed and identified with the ~aterials involved, it becomes very difficult and pro- hibitive and also becomes a very costly operation to do a communitywide, Countywide, and areawide solicitation. Mr. Mirkin said United Cerebral Palsy agrees it is important ~hat a permit by the agency be issued within the guidelines, ~s stated in the Ordinance. However, they feel it adds an additional financial burden on the agencies to provide the .ype of identification for the materials which the O~dinance pells out. Mr. Mirkin explained the costs involved in that ype of identification and said they would negate some of ~he objectives the Ordinance has in its purposes. He felt .hat aspect should be eliminated or at least changed to make t easier for the reputable agencies to participate in ~ommunity efforts. Rosemary stevens, Leukemia Society, 324 Datura Street, West ~alm Beach, said they had submitted a letter to the City Manager with copies to the Mayor, City Council, and City Attorney. She wondered if the Council could give them some eedback as to whether the suggested addenda in the letter Has acceptable, would meet the criteria outlined at the last meeting, and give some relief to the health agencies. Ms. Stevens explained that (1) the health agencies are the 9nly organizations who provide the kinds of services which are related to life and death in the community. (2) The 9nly source of funding they have is donations. (3) Donations can only be used in two ways (program services or expenses). In order to comply with the Ordinance, they are using money for program services in administrative costs. It is also a time consuming burden. Ms. Stevens believed the addenda they suggested would be fair and equitable to any organization. Mayor Cassandra ~nformed her that the Council had received the addenda and a copy would be included in these minutes as Addendum A. {See original copy of minutes in the City Clerk's Office.) - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Since the last meeting, Ms. Stevens said it was unanimous among Cystic Fibrosis, Cerebral Palsy, and the health agencies that the requirement of the Ordinance is a real burden. She gave the Council sample kits from the March of Dimes and the Leukemia Society and said they believe they do a good job in identifying volunteers and providing the materials they need to do the job properly. Ms. Stevens elaborated and said they would be grateful for any consider- ation or relief the Council could provide. Ms. Stevens asked what needed to happen now. Mayor Cassandra replied that he received a letter from the Muscular Dystrophy Association, and all of the material received through the mail from the charities had been given to the City Manager. Mayor Cassandra hoped City Manager Cheney and City Attorney Vance would review the material and come up with an amendment to the Ordinance to help the charities. Ms. Stevens asked City Attorney Vance if he saw any problem in the legality of the wording in the suggested addenda. City Attorney Vance wanted to read it in some detail but advised that the statement, "Volunteers are residents of the ty and no~t brought in from outside," would probably be a iolation of some of the Federal cases. There was discussion. City Manager Cheney anticipated having a proposed Ordinance amendment for discussion at the next meeting of the Council. Mayor Cassandra clarified that first reading of the 9rdinance will be at the next meeting. City Manager Cheney thought the kits that were passed out provided the same kinds of things as the City's identification cards. He explained that the idea is for people to know who the solicitors are nd why they are there when they go to someone's door. ity Manager Cheney hoped he could send an Ordinance to Ms. Stevens before the next meeting on September 16, so she will have a chance to review it. Ms. Stevens said they are so shorthanded with volunteers and staff that every additional thing they have to do is some- thing they do not need. Shirley Davis, March of Dimes, 2831 Exchange Court, West Palm Beach, Florida 33409, had nothing to add. Karen Kaiser, Muscular Dystrophy Association, did not respond when Mayor Cassandra called her name. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Terry Whidden and Phyllis Kabinoff, 101 South Congress Avenue, Boynton Beach, Florida 33435, were speaking for music students at Congress Middle School and asked for the waiver of solicitation badges. Ms. Kabinoff told the Council funds are raised so the students will have money to better their own program in school. She knew the next Council meeting would be on the 16th of September, but said they will be fund raising on the 18th, which will be cutting it close if nothing is amended. Approximately 250 students who reside in Boynton Beach are in the music program, and Ms. Kabinoff asked if they could have a waiver of the solicitation badges. Mr. Whidden added, "or at least some reduction in the cost thereof." It would cost them $62, which would buy a couple of sets of music for a class. ayor Cassandra stated that if they waive one, it opens up he door to waive everybody. From the letter Ms. Kabinoff wrote, City Manager Cheney said it indicated the understand- ing was that the students at Atlantic High School and Lake Worth High School were not required to get a permit for some activities at their school. His comment was that probably what the students from those schools were doing never came to the City's attention. There was more discussion. Youth Advisory Council (YAC) Mrs. Denys "Sam" deLong, as Advisor for the Board, introduced~ Chairwoman Tracey L. Gilbert. Mayor Cassandra informed the audience that the City developed this Board with the hope that they will be the liaison between the Council and the City's young citizens. This is the 1986/1987 Board. Chair- woman Gilbert introduced Katherine Anderson, Evangeline Ezeilo, Rene Ferris, G. Lynette Jackson, and Vice Chairwoman Melissa Martens. Mayor Cassandra noticed no men were on the Board. Chairwoman Gilbert said YAC would like to have a workshop at the Council's convenience. Councilwoman zibelli suggested it be after the budget hearings. Mayor Cassandra said the Council will put a couple of dates together when they can meet, and he recommended that YAC have some questions they can ask the Council. Golf Course Sal DiFiore, 230 N. E. 26th Avenue, Apt. 413, is a permit holder at the golf course and asked if the golf course is a - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 profit making organization, an entity within the City for recreation to make enough money to support itself, or a corporation. While there is no increase in the permit fee this year, he pointed out that a surcharge will be charged, which is in addition to the permit fee. As a member, Mr. DiFiore said he will pay his $577, play golf two times a week during the year, and it will cost him an xtra $25. He emphatically said they should just charge him 25 and not come out with things they are going to do and harge him in bits and pieces. Mr. DiFiore asked if this is ~ recreational facility for people in the County and most of ~he people in the City, and he wondered if they want to have it sustain itself and make enough of a profit so the City will have some kind of reserve fund. City Manager Cheney told Mr. DiFiore it is a municipally operated golf course, available for use by all citizens of Palm Beach County, but as far as the annual permit holders ~re concerned, t~e City has a preference of '70% for the 800 permit holders. Right now, it is about 50/50. It has been ~andated by the City Council and the straw ballot, which was held, that the golf course be self-supporting. City Manager Cheney explained and added that there are some additions or improvements, not maintenance, that they ought ~o consider in the course. They are suggesting that it is quitable for everybody that plays the course to add 50¢ per ound of g°lf every time they play. City Manager Cheney informed Mr. DiFiore that it has not yet been adopted by the City Council. The 50¢ will go into a reserve fund for addi- tions and improvements to the course. ~ecause annual permit holders do not pay a greens fee every time they play, it is suggested that they pay an additional 50¢ only when they play. When the Council reviews it, they an decide to increase the annual permit fee, so only permit holders pay; they can decide to increase the green fees so only the green fees will get it, or they can decide to increase what both groups pay, which is what has been done. Mr. DiFiore wished to go into it further and said he was ~till waiting for the answer, because he did not understand ~he rationale. He pointed out that those people that play a lot are going to pay a lot more for their permit. Mayor Cassandra referred Mr. DiFiore to the Golf Advisory Board; Mr. Joe Sciortino, the Golf Course Manager; and City Manager Cheney. If those three do not give him satisfaction, Mayor - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Cassandra said Mr. DiFiore should then come back to the Council. In answer to a question Mr. DiFiore asked, Mayor Cassandra informed him that the Council makes the policy and knows about the various things that happen. Mr. DiFiore asked what criteria the Council used for the 50¢ surcharge. The nearest course that has a surcharge is Daytona Beach, and he wondered why they used an area 300 miles away as their criteria. After further comments, Mayor Cassandra told Mr. DiFiore he should give the Council that information when they make the final decision on the surcharge. Mayor Cassandra asked if anyone else wished to speak on an item which was not on the agenda. There was no response. THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes Regular City Council Meeting Minutes of August 19, 1986 B. Bids Emergency repair - Manhole at Pine Tree Villas - Utilities By memo dated August 28, 1986, Perry Cessna, Director of Utilities, requested that the low bid of the three bids given to William Sullivan, Purchasing Director, be approved. (Center Line Utilities Construction Corp., 351 Jog Road North, West Palm Beach, Florida 33413, in the amount of $18,000). 2. Pipe Fittings & Accessories - Utilities The Tabulation Committee recommended awarding the bid to various vendors. In categories where there are more than one vendor with low prices, it is awarded to the overall low bidder of that particular category. All low bidders are to meet specifications. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Resolutions Proposed Resolution No. 86-000 Re: Final Plat - Culverhouse Subdivision (3 lots at the northwest corner of Hunters Run) 'IA RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROv- ING THE FINAL PLAT FOR CULVERHOUSE SUBDIVISION IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, BEING A REPLAT OF NORTH- WOODS AT HUNTERS RUN, ADDITION NO. 1, RECORDED IN PLAT BOOK NO. 49, PAGES 192 AND 193 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY" D. Development Plans None. E. Consider request to transfer Cemetery Lot 201 A, Block O, Boynton Beach Memorial Park Addn. 91 Marion Connor Beck, daughter of Collette Connor, requested that the lot be donated to Faith Farm, 9538 Highway 441. She will pay the transfer fee of $25, and the selling price is $175. Consider request for refund Cemetery Lots 99 A & B, Block O, Boynton Beach Memorial Park Addn. 91 Robert D. Moxley and Thelma C. Moxley, 2206 N. E. 4th Court, requested a refund of $280. (Purchase price of $350 less 20%, or $70). G. Consider request for refund Cemetery Lots 493 B and 494 A, Block S, Boynton Beach Memorial Park Addn. 91 Kenneth R. Johnson, 139 S. E. 9th Avenue, requested a refund of the purchase price less 20% ($225 - $45), or a total of $180. H. Approve request for zoning approval for Alcoholic Beverage License Dino's Pizza Parlor 4701 North Congress Avenue Boynton Beach, Florida 33462 By memo dated August 18, Bert Keehr, Deputy Building Official advised that zoning for the above location permits the sale of beer and wine for consumption on the premises in conjunc- tion with a duly licensed restaurant. I. Consider Chanqe Order 91 Boat Club Park Expansion Charles Frederick, Director of the Recreation and Parks Department, wrote in his memorandum of August 19, that this - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 does not constitute any change in the contract price or completion date. It only clarifies construction details. J. Approval of Bills See list attached. Vice Mayor Zimmerman moved to approve the Consent Agenda, (items A; B, 1 and 2; C; E; F; G; H; I and J). Councilman Ferrell seconded the motion, and the motion carried 5-0. V. BIDS None. PUBLIC HEARING None. DEVELOPMENT PLANS ae Consider request submitted by Jeff Iravani, agent for the Wilshire Corporation for approval of a Preliminary Plat for Meadows 300 PUD Tract G - Club Meadows Phase III located on the west side of Congress Avenue, south ~of Hypoluxo Road. This request provides for the construction of infrastructure improvements to serve 170 multi-family units in connection with a previously approved planned unit development At the last meeting, City Manager Cheney said there was a discussion with Jon Moyle, the Attorney representing Club Meadows Phase III. When Paul Wolfe, Attorney with Ferguson, Jones and Foster, 505 South Flagler Drive, West Palm Beach, was here relative to a change in Club Meadows Phase III, there was a question about the utility extension. City Manager Cheney said the City is asking that they put it in and get credit for it. Attorney Wolfe met with Perry Cessna, Director of Utilities, to see if there was an alternative. City Manager Cheney had a letter, addressed to Mr. Cessna, which confirmed the agreement reached, wherein that corpora- tion will grant to the City of Boynton Beach a 15 foot utility easement along the east property line of Tract G. This means that they will not participate in it because the easement is in a different location, but means the City can still serve those other three properties on Hypoluxo Road by gravity. City Manager Cheney repOrted that Mr. Cessna is - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 happy with the agreement, and it was recommended that the Council now approve it. Jeff Iravani, Consulting Engineer for Wilshire Corporation, said all of the comments were included in the letter to Mr. Cessna. Vice Mayor Zimmerman moved to approve the request, seconded by Mr. Hester. Motion carried 5-0. Be Consider height exception for proposed City of Boynton Beach Central Radio System Tower for unified Radio Communication System (Recommended height 320') City Manager Cheney said the City has been forced to develop its own communication system, which serves the Police radios, Fire radios, and everything. The City is breaking up the cooperative dispatch center (CDC) that has served Boca Raton, Delray Beach, and Boynton Beach, as well as Gulfstream and Highland Beach. The city has had consultants and has come to the conclusion that the best way to do the system is to have one central radio tower onto which the antennas will be placed. It will be located at the old sewer treatment plant and will serve the whole City. City Manager Cheney told of the problems the northern end of Boynton Beach has had and why they had them. City Manager Cheney continued by saying the City is going With an 80_0 trunk radio system and has determined that this ~ystem is the best. To do this, the City needs a 320 foot tower. City Manager Cheney passed out a technical sheet to the Council and explained it. City Manager Cheney commented that they had to go through ~he variance on the height because the Zoning Code calls for it, and it does not exempt the City. The report before the Council attempted to identify and give some technical backup as to why the City is doing this. ~ity Manager Cheney passed out a longer report, and said there will be a thorough discussion of this communication ~ystem at the Council meeting on the 16th. At that meeting, Motorola representatives from both here and Atlanta will be present. Representatives of the power company which puts up most all radio towers in South Florida and representatives from Booz, Allen, the City's consulting firm, will also be - 11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 here. It is intended that the Council will then authorize the purchase of the total communication system from Motorola and elsewhere. City Manaaer Cheney elaborated on his memo dated August 22, which was addressed to the Mayor and City Council and said they are starting out with a system that is good, adequate, the best around, and that can be added to. Before making the decision on the radio tower, he knew Mayor Cassandra wanted the opportunity to discuss it when all of the experts and technical people are here. City Manager Cheney wanted to get it started with reports so the Council could begin to understand it and ask questions. He expounded and clarified that they were talking about a decision that will be around $1,400,000 when they make it. It is obviously something the City needs, is in the budget, and the City planned for it. City Manager Cheney told the Council it is in the capital improvements program and has been for a couple of years. He further explained. Since Mayor Cassandra was going to recommend to the Council that instead of making the decision tonight, they hold off until the experts are here so all questions could be Addressed then, he wondered whether Ben Uleck, 1507 S. W. ~7th Avenue, still wished to speak. He informed Mr. Uleck that this would be used strictly for the City Considering ~hat it would be used for the good of the people and for the ~ity of Boynton Beach only, Mr. Uleck said the people were for it. There was more discussion. Mayor Cassandra requested that the Council table this and said he had already discussed questions he had for the experts with City Manager Cheney. For example, they are iscussing a collapsible tower, which could collapse onto { ' a itself. If 320 feet fell any other way, it could wipe out lot of homes in that area. He also questioned where the ~ransmitting dishes would go flying. Mayor Cassandra also Wishes to ask about the wind load and wind stress factors and find out whether there will be guide wires. He did not know if there would be space to put guide wires and told the Council to visualize a 25 story building in height. John Guidry, Assistant Director of Utilities, advised that the ater tower is 120 feet, and Mayor Cassandra told the Council t would be three times that in height. He elaborated further. Vice Mayor Zimmerman moved to TABLE this matter, seconded by Councilwoman zibelli. Motion carried 5-0. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 The Council took a break at 8:25 P. M. Explanation of Consent Agenda While waiting for Councilman Ferrell, Mayor Cassandra said previous Councils have found there are items that need no discussion, and he explained. Instead of spending time discussing them, they are put on the Consent Agenda, and one approval is given. If there is an item on the Consent Agenda they question or wish to question, Mayor Cassandra told the audience they could still fill out a form, and the Council will consider withdrawing it from the agenda for discussion. The agenda is posted on the window at City Hall the Friday before the Council meeting. City Manager Cheney said copies of the agenda are always available in his office. Mayor Cassandra expounded, and City Manager Cheney also pointed out that if people will leave a stamped, self-addressed envelope, his office will mail an agenda to them on Friday. The meeting resumed at 8:32 P. M. LEGAL A. Ordinances - 2nd Readinq - PUBLIC HEARING Proposed Ordinance No. 86-18 Rights-of-Way Re: Annexing Certain City Attorney Vance read proposed Ordinance 86-18, on second and final reading: "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 EASONABLY COMPACT ADDITION TO THE CITY TERRITORY; SAID ROPERTY COMPRISING THE EXISTING RIGHT-OF-WAY FOR A PORTION IF GULF STREAM BOULEVARD, PORTIONS OF FEDERAL HIGHWAY U. S. 1), PORTIONS OF HYPOLUXO ROAD, PORTIONS OF OLD BOYNTON OAD, AND ALL OF WINCHESTER PARK BOULEVARD; PROVIDING A ONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR DVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT AND FOR OTHER PURPOSES" Mayor Cassandra informed the audience the City is annexing all of those half roads which~ belonged to the County. He - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 asked if anyone wished to speak in favor or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to adopt Ordinance No. 86-18 on second and final reading. Councilman Ferrell seconded the motion. A roll call vote was taken by Mrs. Boroni: Councilman Ferrell Councilwoman zibelli Mayor Cassandra Vice Mayor zimmerman Councilman Hester Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 86-19 Re: .Annexation - Edward I. Sinqer Parcel City Attorney Vance read the proposed Ordinance 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 A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII(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 ADVERTISING; PRO- VIDING 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." Mayor Cassandra asked if anyone wished to speak in favor or against the proposed annexation. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Ferrell moved to adopt proposed Ordinance No. 86-19 on final reading, seconded by Councilman Hester. A roll call vote was taken by Mrs. Boroni, as follows: - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman zibelli Motion carried 4-1. 3. Proposed Ordinance No. 86-20 Re: Annexation - United States Post Office Aye No Aye Aye Aye City Attorney Vance read proposed Ordinance 86-20 on second and final reading, by title only: 'lAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON ~EACH, 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 ~ REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT IO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING NNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE ITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, tLORIDA STATUTES,- PROVIDING THE PROPER LAND USE DESIGNATION .ND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN ~EPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; ~.EPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT iEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVER- tISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO ]ODIFY; 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" ayor Cassandra said anyone wishing to speak for or against he proposed Ordinance could do so now. There was no ~esponse, and THE PUBLIC HEARING WAS CLOSED. ice Mayor Zimmerman moved to adopt Ordinance No. 86-20 on econd and final reading. Councilwoman Zibelli seconded the otion, and Mrs. Boroni took a roll call vote on the motion: Vice Mayor zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Motion carried 5-0. Aye Aye Aye Aye Aye - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 4. Proposed Ordinance No. 86-21 Re: Annexation - Knuth Road Associates "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 A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CI!TY OF BOYNTON BEACH, FLORIDAi AND SECTION 171.0i44, FLORIDA iSTATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PiROPER 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 ADVERTISING; 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" Mayor Cassandra asked if anyone wished to speak in favor or against the proposed Ordinance. There was no response, and THE PUBLIC HEARING WAS CLOSED. Councilman Ferrell moved to adopt Ordinance No. 86-21, seconded by Councilman Hester. 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. Proposed Ordinance No. 86-22 Re: Annexation - Max Schorr Parcel City Attorney Vance read proposed Ordinance No. 86-22 on second reading, by title only: 'lAN 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 - 16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUEST- ING ANNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION ~ND 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" Mayor Cassandra said anyone wishing to speak in favor or against the proposed Ordinance could do so now. There was no response, and THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to adopt Ordinance No. 86-22, seconded by Vice Mayor Zimmerman. Mrs. Boroni took a roll call vote on the motion: Councilman Hester Councilwoman zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Aye Aye Aye Aye Aye Motion carried 5-0. 6. Proposed Ordinance No. 86-23 Re: Rezoning Edward I. Singer City Attorney Vance read proposed Ordinance No. 86-23, by title only, on second and final reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS COMMUNITY COMMERCIAL (C-3); PROVIDING A SAVINGS CLAUSE; REPEALING PRO- VISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if any one 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. 86-23, seconded by Councilman Hester. A roll call vote on the motion was taken by Mrs. Boroni: - 17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Councilwoman Zibelli Mayor Cassandra ViCe Mayor Zimmerman Councilman Ferrell Councilman Hester Motion carried 4-1. Proposed Ordinance No. 86-24 United States Post Office Re: Rezoning - Aye Aye No Aye Aye Attorney Vance read proposed Ordinance No. 86-24 by title only, on second and final reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PUBLIC USAGE (P.U.); PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra said anyone wishing to speak for or against the proposed Ordinance could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Ferrell moved, seconded by Councilwoman Zibelli, to adopt proposed Ordinance No. 86-24 on second and final reading. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman zibelli Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 86-25 Re: Rezoning - Knuth Road Associates Parcel Attorney Vance read proposed Ordinance No. 86-25 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS PLANNED COMMERCIAL DEVELOPMENT DISTRICT (PCD); PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Mayor Cassandra said anyone wishing to speak in favor or against proposed Ordinance No. 86-25 could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Zimmerman moved, seconded by Councilman Hester, to adopt proposed Ordinance No. 86-25 on final reading. Mrs. Boroni took a roll call vote on the motion: Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman zibelli Mayor Cassandra Aye Aye Aye Aye Aye The motion carried 5-0. 10. Proposed Ordinance No. 86-26 Re: Rezoning - Max Schorr Parcel Attorney Vance read proposed Ordinance No. 86-26 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, ~Y ORDINANCE AS R-1AAA (SINGLE FAMILy RESIDENTIAL DISTRICT),- PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS: AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." ' ~ayor Cassandra said anyone wishing to speak in favor or ~n opposition to proposed Ordinance 86-26 could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Qouncilman Hester moved, seconded by Vice Mayor Zimmerman, reading. adopt proposed Ordinance No. 86-26 on final 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. ll. Proposed Ordinance No. 86-27 Re: Land Use Amendment - Edward I. Singer Attorney Vance read proposed Ordinance No. 86-27 by title only: - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND~ USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; 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, seconded by Councilwoman zibelli, to adopt proposed Ordinance No. 86-27 on final reading. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Hester Councilwoman zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Aye Aye Aye No Aye The motion carried 4-1. 11. Proposed Ordinance No. 86-28 Re: Land Use Amendment - United States Post Office Attorney Vance read proposed Ordinance No. 86-28 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON iEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY MENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF HE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY QESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY INDUSTRIAL TO CITY OF BOYNTON BEACH PUBLIC AND PRIVATE INSTITUTIONAL/GOVERNMENTAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak for or 9gainst proposed Ordinance No. 86-28. There was no response. THE PUBLIC HEARING WAS CLOSED. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Councilman Ferrell moved, seconded by Councilwoman zibelli, to adopt proposed Ordinance No. 86-28 on final reading. A roll call vote on the motion was taken by Mrs. Boroni: Councilwoman zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Aye Aye Aye Aye Aye The motion carried 5-0. 12. Proposed Ordinance No. 86-29 Re: Land Use Amendment - Knuth Road Associates Parcel Attorney Vance read proposed Ordinance No. 86-29 by title only, on second and final reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH OFFICE COMMERCIAL; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra said if anyone wished to speak for or against Ordinance 86-29, they could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Ferrell moved, seconded by Councilman Hester, to  dopt proposed Ordinance No. 86-29 on final reading. Mrs. or~ni took a roll call vote on the motion: Mayor Cassandra Vice Mayor zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 13. Proposed Ordinance No. 86-30 Re: Land Use Amendment - Max Schorr Attorney Vance read proposed Ordinance No. 86-30, on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LOW DENSITY TO CITY OF BOYNTON BEACH LOW DENSITY; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak for or against the Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Ferrell moved, seconded by Councilman Hester, to adopt proposed Ordinance No. 86-30 on final reading. roll call vote on the motion was taken by Mrs. Boroni: A Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. 14. Proposed Ordinance No. 86-31 Re: Amend Fire Sprinkler requirements concerning single family homes  ttorney Vance read proposed Ordinance No. 86-31 by title nly, on second and final reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE UNIFORM, MINIMUM COUNTYWIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1982 EDITION, AS DOPTED BY SECTION 5-3 OF THE CODE OF ORDINANCES, CITY OF OYNTON BEACH, FLORIDA TO AMEND CHAPTER IX SPRINKLERS AND STAND PIPES, SECTION 901.2-REQUIREMENTS TO EXEMPT DETACHED, INGLE FAMILY DWELLINGS FROM THE REQUIREMENT THAT ALL UILDINGS OF TYPE 6 CONSTRUCTION TWO STORIES OR MORE IN HEIGHT BE AUTOMATICALLY SPRINKLED; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF THE UNIFORM, MINIMUM COUNTYWIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1982 EDITION REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A - 22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND EFFECTIVE DATE; ~ND FOR OTHER PURPOSES." Mayor Cassandra said anyone wishing to speak in favor or algainst proposed Ordinance No. 86-31 could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. COuncilman Ferrell moved, seconded by Councilman Hester, to ~dopt proposed Ordinance No. 86-31 on final reading. Mrs. ~oroni took a roll call vote on the motion: Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor zi~merman Aye Aye Aye Aye Aye The motion carried 5-0. li5. Proposed Ordinance No. 86-32 : Fees Re: Municipal Beach Decal ttorney Vance read proposed Ordinance No. 86-32, on second nd final reading, by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON EACH, FLORIDA, AMENDING SECTION 16-82 OF THE CODIFIED RDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, RULES AND EGULATIONS CONTROLLING PARKING OF VEHICLES AT MUNICIPAL EACH PROPERTY LOCATED WITHIN THE TOWN OF OCEAN RIDGE; ROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS LAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." C ayor Cassandra asked if anyone wished to speak in favor or gainst the proposed Ordinance. There was no response. THE UBLIC HEARING WAS CLOSED. ouncilman Hester moved to adopt Ordinance No. 86-32, econded by Councilman Ferrell. A roll call vote on the otion was taken by Mrs. Boroni: Councilman Hester Councilwoman zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Aye Aye Aye Aye Aye Miotion carried 5-0. - 23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 B. Ordinances - 1st Reading None. C. Resolutions Proposed Substitute Resolution No. 86- Re: Sale of Public Service Tax Revenue Bonds for Capital Improvement Program (Original Resolution No. 86-V adopted on March 4, 1986) City Manager Cheney said this was passed on March 4, 1986. At that time, the City was contemplating selling this issue of $11,000,000 and also refunding the Golf Course. The market and things were changing. Subsequent to that, the interest rate situation changed, and it was no longer feasible to refund the golf course, as the City did the first time. City Manager Cheney explained and added that one reason they were considering refunding the golf course bond issue at that time was that the City pledged but never planned to use public service taxes for the golf course. After elaborating, City Manager Cheney said he was recom- ~ending against refunding the golf course and proposing that he Council go ahead with the intent of the Resolution assed on March 4, 1986, which was to obtain bond funds for he project they were talking about at that time. It would .ean that the public service tax is now a guarantee for the olf course, but is not planned to be used, and is for this 11,000,000. City Manager Cheney said it becomes necessary to fund a %otal debt service reserve for one year. Therefore, instead of refunding the golf course, they are proposing to increase the issue to $11,654,000. The additional money will not be spent but will be in a reserve for one year's debt service on that $11,000,000. The City will, therefore, have set aside a debt reserve of $11,654,000. That money will be used to pay off the last year pluS of the debt service in ~he year 2020, when the bond issue finally will be paid off. In the meantime, that money will be earning interest to help pay off the debt service along the way. ity Manager Cheney said the City anticipated about $1,000,000 in debt service, but it will be less than $970,000, so the City will be saving about $30,000 a year, which over 20 years is the $654,000 they are proposing to increase the bond issue to. - 24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Right now, City Manager Cheney said the bond market is going at a lower interest rate than it would have back in March. From that point of view, they will be getting 7% or less. The timing is good for a bond issue. There were indications from the City's underwriters that there will be no problem in selling this, and there were indications through the City's financial consultant that they will be able to get insurance with no trouble at all, so the City will end up with an AAA rating. City Manager Cheney said the only change to the Resolution was the title. The Resolution was written as if all of it was a recreation project. Because of the timing of this, some of it will be used for the radio system they had been talking about and the design and addition to the Planning, Building, and Engineering building. The rest of it will be basically recreation. City Manager Cheney expounded. If they go ahead with this, City Manager Cheney said the anticipation is that they will sell the issue in October. Mayor Cassandra asked if there would be a problem on the deadline. City Manager Cheney replied that there was no problem in waiting two weeks. Rob Miller, Financial Consultant, Prudential Bache, added to what City Manager Cheney said by saying the additional amount represents the increased size of the debt reserve. That money will be invested, so the City will break even on that. In the past, they thought they could get by with a smaller debt reserve, but because they are not refunding the golf course and releasing the lien, Mr. Miller said they could not do that. Secondly, Mr. Miller said it sets forth that this bond issue would have a junior lien on the public service taxes to the golf course. That still means that the same 3½% of public service taxes that the City originally anticipated using for the bond issue will continue to be used. Mayor Cassandra was concerned because the City "kind of" pledged approximately $11,000,000 as collateral against an $11,000,000 bond issue, and Mr. Miller; Grady Swann, Director of Finance; and City Manager Cheney said that was more than adequate as collateral, yet they were now implying that the City had to increase its reserves to $1,215,000. Mayor Cassandra did not understand that. On the prior issue, Mr. Miller explained that they had hoped to get by with the reserve, which was exactly half of the - 25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 size of the normal bond issue. It is very unusual because of the tax law, and he emphasized that they cannot do that now. It is beyond their control and is a requirement which the City will have to comply with. Because this is now a junior lien against the golf course, City Manager Cheney said the reserve requirement is greater than it was when this and the golf course were senior liens. Mayor Cassandra asked why the golf course was in the act when it has its own bond issue. City Manager Cheney replied that the City sold it first and pledged public service taxes. Mr. Miller interjected that the way the Bond Ordinance was drafted by the Bond Attorney, it states that they have the first lien on the public service taxes PERIOD, which is a full 10%. City Manager Cheney added that this added $600,000 stays there and the City earns money on it. He repeated prior statements. In the past, Vice Mayor zimmerman has voted against this issue because he was not pleased with the expenditure of the monies involved. His intention was to vote "No" whether it came up tonight, next week, or next year. Councilman Ferrell moved to TABLE the decision until the next meeting, seconded by Councilwoman Zibelli. Motion carried 5-0. D. Consider proposed settlement for Tradewinds Proiect City Attorney Vance said Tradewinds submitted a second offer of settlement, and a copy of the letter was sent to all Members of the City Council. He thought it was self-explana- tory. The only practical difference between the original offer and this proposed offer of settlement is a reduction of 38 units in the Planned Unit Development (PUD). The original PUD density was 538, and the letter-indicates that they are reducing the density to 500. Mayor Cassandra asked if the drawing they just received was wrong. F. Martin Perry, Attorney for Tradewinds, Northbridge Centre, Suite 701, 515 North Flagler Drive, West Palm Beach, Florida 33401, answered that the numbers on the drawing were wrong. Councilman Hester asked what effect this would have on the Evaluation and Appraisal (E&A-) Report. City Manager Cheney had a conversation today with the Director of this division - 26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 of the State agency. There is a provision in the law that says that local governing bodies shall consolidate all pro- posed plan amendments into a single submission for each of the two amendment adoption times during the calendar year, pursuant to the State Statute. The Director, Mr. Kessler, said that means if the City sends another application at this time, it has to be packaged with those that are already there so that they are consolidated into a single submission. In essence, they will not send those back to the City by mail, but City Manager Cheney said the City would send it up with an appropriate phone call, and if the Council desires, they will be consolidated. Mr. Kessler pointed out that the old law required the City to wait ninety days. The new law simply says that whenever the City hears from the State, they can proceed with the second Ordinance reading and second series of public hearings. Mr. Kessler indicated that they are reviewing these things at the State now in about sixty days and if the Council decided to send this up sometime around the middle of September, which would be after the next Council meeting and when the Council would have first reading, if they are oing to, he could be sure that the newly consolidated ackage will be back to the City with their comments by the 1st of December, which would give the Council two meetings in December to have their second reading and public hearing. The City would hope to get it back sooner, but it would depend on their review time. If they took sixty days, obviously, it would have to be the middle of November. If Mr. Kessler does not hear from the City again, City Manager Cheney said the consolidated package before them now will continue in the review process. City Attorney Vance said one of the demands by Tradewinds is that there be a supplemental amendment to the E&A Report. Attorney Perry said the question was raised earlier relative to the plan before the Council this evening, and he reiter- ated that it was incorrect. It reflects 538 residential units in the PUD, whereas, the letter indicates that they reduced that down to 500. Attorney Perry further clarified ~hat it was also reflected that there are four story build- lngs in one section of the PUD. Those were placed on there during the course of their negotiations with the City staff. The new plan, which the Council did not have because of an - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 error in Mr. Kilday's office, would have reflected that those have been reduced to three stories. Attorney Perry said that reflected a compromise which accomplishes two things: (1) They had great concern relative to putting four story buildings in there in the first place because there has previously been opposition to the height of the buildings. By reducing them to three stories, they also accomplished what the City staff had in mind, and that was creating more open space in that particular plot that has the three story buildings. The overall density of the project is clearly at this point less than the Leisureville project which borders them o~ the west. (2) Attorney Perry said they are at six point something dwelling units per acre. They have effectively reduced this project since its first introduction into Boynton Beach from a total of 800 units to 500 units, which represents a reduc- tion of in excess of 37% of the original project. The com- mercial has been reduced substantially. Attorney Perry said they are now down to 199,000 square feet, which is essen- tially the 173,000 square feet of shopping center and 26,000 square feet of one story office building, as opposed to orig- inally 78,000 square feet of two story office buildings adjacent to the canal, which was adjacent to Leisureville. Attorney Perry stressed that every effort has been made to address the issues of how each component of this overall project addresses its immediate neighbor (Leisureville to the west, which is bordered now by one story, greatly reduced ffice space at 26,000 square feet, the First Baptist Church, park area, a great deal of open space and lake). On the north with the Lake Boynton Estates people, they now have single family housing immediately adjacent to them, buffering them from the rest of the project. Attorney Perry wanted to make those points just in case any- one had objections to factors which are no longer accurate, such as four story buildings, the number of units, etc., and he explained. Raymond W. Royce, Attorney for First Baptist Church, 450 Royal Palm Way, Palm Beach, commented about the number of meetings he has been to with the Planning and Zoning Board and this body over a long period of time. The Church and its 650 members, most of which are residents of Boynton Beach, are vitally concerned and very interested in a reso- lution of this long standing problem or disagreement and all - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 of the attendant problems (litigation, arguments, anxieties, and concerns). Attorney Royce said the proposal before the Council will allow for and accommodate a 12.6 acre parcel for the use of the First Baptist Church. That would enable the Church to build a new church building and enlarge and improve the church school, which presently serves a number of children who are residents of the City. It would be of benefit to the Church, its members, the residents, and children, and would be a benefit to the City as a whole. Attorney Royce told the Council they now had a proposed plan of settlement before them which provides an excellent buffer- ing system as far as the residents of Leisureville are concerned. During the many meetings, they expressed their oncerns. Attorney Royce said their property would now be uffered by a large park, a lake area, and the First Baptist Church. He submitted that all of them would be good neigh- bors and would protect the values, interest and security of %hat area. Attorney Royce pointed out that the proposed plan would have reduced densities. Mr. Kiernan Kilday, Kilday & Associates, Landscape Architects, 1551 Forum Place, West Palm Beach, displayed the plan on a board. Attorney Royce emphasized that it does provide protection and a buffer. He said the plan had a reduction in commercial uses, office uses, and a reduction in traffic considerations, which the City had been very concerned about. Attorney Royce continued that it would provide for the industrial road, which they argued so much about to serve the industrial area and assist in the employment situation that everyone is concerned about. Attorney Royce said the various owners of the various parcels have all come together with a master plan, which gives the City the opportunity to do some long range master planning in this undeveloped area of the City. Attorney Royce stated that it would reduce and eliminate the possible piecemeal approach to piecemeal development; the unplanned, irregular development from time to time; and would eliminate the litigation, anxiety, etc. that have accompanied it. It is the law that the owners are entitled to the reasonable use of their property, and Attorney Royce said this is a - 29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 reasonable use of the property. It is not a maximum use, a highly dense use, nor an abusive use of the property, but it is a reasonable solution and use for all concerned. Attorney Royce thought it was the best proposal the Council has had and urged them to look at the situation as a whole, be Statesmen, and rise above concerns, anger, and animosity. 5arsh words were said before, and Attorney Royce felt it was time to act in the best interest of everybody, including the Church and City as a whole. On behalf of Pastor Brannon and the members of the First Baptist Church, Attorney Royce urged the Council to give very serious consideration to this and urged them to approve ~he proposal because it would be good for everyone. C. Gary Nolan, 604 S. W. 3rd Avenue, Lake Boynton Estates, looked over the fifth map Tradewinds put forward and liked it. He wanted to go on record as being in favor of the Planned Commercial Development (PCD) and the PUD. Mr. Nolan lives within 400 feet of this development and lives right where the finger extends on the highest point on the right. · he developer wants to make a passive area for them. Mr. Nolan told about a young man getting his truck stuck in sugar sand at the side of his house at 2:00 A. M. and was there until 5:00 A. M., going back and forth. He felt this plan would solve his problem and the problems of a lot of people in his community. Mr. Nolan said motorcycles ride back and forth on the sides of these homes. He told about sugar sand constantly blowing on his patio. The gestures of cyclists going by are not pleasing to his wife. At one time, Mr. Nolan said there were trees buffering them from 1-95 and the steel company on the other side. When the City put a rain drain in, they eliminated the trees at the end of S. W. 3rd Avenue. Now they have an opportunity to have the buffer restored. As it would help his community and his home, Mr. Nolan was in favor of it. Lowell Bennett, 400 S. W. Golfview Terrace, Palm Beach Leisureville Association, continued firm in his belief that this is a logical, reasonable, and feasible development. He pointed out to the Council that the Tradewinds has repeatedly revised their plans nearly every time to agree with requests made by the City Planning Department or other officials of the City. Mr. Bennett looked at the last plans and noticed Tradewinds reduced the density by a tremendous amount. Since he lives - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 immediately east of Congress Avenue, Mr. Bennett asked, "If this type of development is so objectionable, where were those objections when the villas were built, the development immediately south of the villas was built, and when the Forum Shoppes went in?" Those were only three of 42 developments ~r. Bennett counted in a limited area in Boynton Beach. The three that he named impinge immediately upon Leisureville. Mr. Bennett questioned whether there was some reason why the land on the east side of Leisureville should not be developed when the land on the west side of Leisureville can be developed. If there was logic in that thinking, he wanted it explained to him. No one was concerned when the villas were built across the street from Mr. Bennett, and he stated that he was not oncerned because they are good neighbors. After elaborating bout the villas, Mr. Bennett stated that he had every reason to believe that the Tradewinds will be an equally nice development, and he will welcome Tradewinds. He felt Trade- winds would be a plausible and desirable addition to 'Boynton Beach and urged that the Council put the matter to rest, approve the development, resolve their problems, and put it to bed once and for all. William Wallace, 119 Arthur Court, had filled out a form to speak in favor of the project. Pastor Chuck Brannon, First Baptist Church advised that Mr. Wallace; Dorothye Vaughn, 334 S. W. llth Avenue; A. Clyde Worrell, 2668 S. W. 23rd Cranbrook Drive; and he concurred with what Attorney Royce said earlier and did not wish to speak. Mayor Cassandra asked if anyone else wished to speak in favor of Tradewinds. There was no response. The following people spoke against the Tradewinds project: Marge Roberts, 112 S. W. 8th Place, also spoke for her Co- Chairman Joe Molina and for the concerned citizens of Leisureville. If people were not away for the summer, she said the Chambers would be jammed. Mrs. Roberts expounded on how weary everyone was getting from the many meetings and discussions concerning the project. It seemed to her the only ones not getting tired were the ones who have a great deal to gain and who are not really concerned about the consequences to the surrounding areas when the project is finished. Mrs. Roberts reminded the Council that they heard the reasons why this project would have an adverse effect on the - 31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 surrounding areas stated many times, and she emphasized that traffic alone is a major factor. For these reasons, this project was rejected previously by both the Planning and zoning Board and the City Council. Mrs. Roberts said they were now talking about a new proposal. This proposal contains multi-story apartments that now go up to three stories. Originally, the proposal was stated by Attorney Perry and Mr. Kilday as two story condominiums. The new proposal also increases what was once a small neighborhood commercial strip to an area that would almost be equivalent to 1/3 of the new Boynton Beach Mall, and she asked if this was an improvement. Mrs. Roberts also said the majority of this huge commercial area and the multi-level apartments would be in an area presently zoned as R-lA. She pointed out that they must be realistic and realize they were talking about having a large shopping center, a 1200 seat church, a 500 pupil school, approximately 500 multi-family units, office buildings, an industrial area with truck traffic, two out parcels, and no one knows what will go in there in the future. Mrs. Roberts added that there are 115 acres in all. To even consider an 80 foot, four lane road to go through their single family home area was another strong reason to defeat this proposal. People who have invested their life savings in homes in strictly residential areas would have them invaded by the type of traffic this road would carry. As the developer has conceded to put 38 single family homes in this area. Mrs. Roberts remarked that he must be quite confident that he can sell them. She asked why he could not conform to the present zoning and build accordingly (single family homes). Pam Lazzara, 1306 S. W. 15th Street, said the people in the surrounding area of this property are proud of their neighbor- hoods and homes and feel any changes to the zoning will down- grade their homes, cause an alarming influx of traffic that will result in a lot of noise and accidents. They cannot afford to have the value of their homes and property lowered. Ms. Lazzara said it would be nice to have the one family homes, as originally planned, and she elaborated. Ms. Lazzara had an article from the Palm Beach Post, dated August 27th. The person she quoted did not see a problem with the City withdrawing its land use amendment and resub- - 32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 mitting the plan. That could be done and fall under this calendar year. She read from the article that it depends on how much the City wants to help a developer. Ms. Lazzara told the Council it was not what they can do for the developer but what they can do fOr the citizens of Boynton Beach. Councilwoman zibelli left the meeting. Marion Peirano, 120 S. W. 8th Place, thought it was curious that an idea was being spread by people who did not care to understand that the residents of Lake Boynton Estates and Leisureville are against the First Baptist Church building in their area. She wished to set the record straight and emphasized that they want very much to have the church, which always had the right to buil~ in an R-lA residential zoned area, and they would welcome the church among the slash pines and single family home dwellings. ~s. Peirano recalled Reverend Brannon said the Church has the funds to build and will build, and she questioned why they had not begun to build, and why the church had been relocated three times. If the First Baptist Church is anxious to become a part of this particularly special area, she asked why they could not work something out with the City's Planning Department and Engineers as to ways of getting into and out of their acreage. Ms. Peirano stated that it can be worked out, and the place- ment of a family oriented church in the midst of this very valuable piece of real estate would become a focal point for family oriented owners living in single family homes. She asked the Council not to change the present zoning. Councilwoman Zibelli returned to the meeting. Ben Uleck, 1507 S. W. 17th Avenue, said the people feel there are very few R-lA parcels left, and they should keep t~em as R-lAs. He referred to the two, three, and four story mDlti-family buildings on Congress Avenue and said they want permanent residents, not transit residents. Mr. Uleck s~resSed that it was the people's opinion that it should sway R-lA. The owners bought the property as R-lA and should k~ep it R-lA. Ralph Marchese, 1901 Roma Way, read in the Post about three weeks ago that a Mr. Morton from Tradewinds was upset that the~ people of Leisureville had the nerve to speak up and say - 33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Tradewinds was depriving them of their property. Had Trade- winds come in, knowing full well what the property was zoned at, and complied with the zoning requirements, he said there would have been no problem. If the people had not spoken up, they would have had 800 homes instead of 500, which they are now down to. Truthfully, Mr. Marchese wanted to see the property developed by a person who would bring some improvement, and he thought ~here was a great deal Tradewinds could do. He understood one of the two out parcels is to be available for fast foods, such as McDonald's or Burger King. Mr. MarcheSe also under- stood a tire company was interested in the second out parcel. Mr. Marchese thought it would be great for the church to come in there and trusted that the City Council would never lose sight of the fact that their basic allegiance is to the people who are paying the taxes. He believes in the control ~f growth and moving forward but not at the expense of putting a lot of people to a great deal of loss after they Worked a lifetime. Mayor Cassandra assumed Mr. Marchese's question would be answered by Attorney Perry and commented that it would be better to hear from the "proverbial horse's mouth" than to read or hear from people in the newspapers. Walter D, Kies, 2109 S. W. 22nd Street, was concerned about the impact of the vehicular traffic on the surrounding communities and the arteries leading thereto. It was his understanding that the County also expressed some concern about the impact. If there is a problem with traffic management as a result of this huge development, that should be resolved first. Mr. Kies did not know how the Council cQuld vote on this if there was a legitimate concern about vehicular management and traffic congestion. Gary Lehnertz, 619 S. W. 2nd Avenue, President, Lake Boynton Estates Homeowners Association, said the Association had an emergency meeting last Monday evening and passed a Resolution r~questing the City to deny this proposed settlement. The A~sociation asked the City to retain the zoning of R-lA for the single family zoning that currently exists. They also asked that the City disallow any increase in the size of the commercially zoned area. Mr. Lehnertz realized that he had spoken before the Council with the idea that the PCD was, on general principles, - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 acceptable. The Association came to the conclusion that, as a matter of principle, considering the number of changes that have been made to this, that they should completely oppose any increase in the commercial area at this time. Mr. Lehnertz was sure the Council knew all of the arguments he could present and said he would rather bring out a couple of discrepancies. Rather than looking at the fact that they have gone from 800 housing units to 500, he pointed out that they should look at the fact that there i.s a large increase in density from what presently exists and what would be developed under the present zoning. If it was zoned R-lA single family homes with the same density as Lake Boynton Estates rather than the density that Tradewinds has, Mr. Lehnertz said they were talking about 140% in Tradewinds proposal. 140% increase is a significant increase in density. Mr. Lehnertz said Tradewinds asked for an increase of 259% in the commercial area. This is almost three times what currently exists. That huge increase is virtually all at ~he expense of the single family housing land. While they have a finite amount of single family homes in Boynton Beach, Mr. Lehnertz said they feel they should save that land which should be developed in single family homes. He did not remember ever hearing any arguments as to why this could not be developed in single family homes. By accepting this settlement, Mr. Lehnertz said the Associ- ation felt it would send a message to builders and developers in South Florida that if they want a development, they should come in with an outrageous density increase, make a large number of small changes, until finally everyone gets tired 6f listening to it, and wishes to settle. They do not feel that is the correct way to settle and do not feel it is reasonable or proper to replace single family homes with three story apartments. Comments by Attorney Perry Mayor Cassandra called attention to the questions about the out parcels and asked if Attorney Perry wished to comment. Attorney Perry heard comments about traffic and noted that some gentleman raised the question as to how the Council could even consider this matter. From the staff's perspec- tive and various letters that have been submitted and seen by their Traffic Engineers, he said all of the Traffic Engineers submitted to them that there are no relevant traffic issues. - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Attorney Perry thought it was also important that they consider some of the things that have not been considered: (1) They eliminated a significant traffic problem at the Ocean Drive railroad crossing at the north, which is proposed to be closed when the new crossing is opened at the indus- trial drive access to the Winchester property. All of the industrial traffic which currently passes through Lake BoYnton Estates, both entering and exiting from the Four- Steel project and the fence company, as well as the proposed Winchester development, will now exit to the south and will come out the industrial access road located at the immediate north boundary of the commercial property. Attorney Perry said that property will be controlled with turning signals and traffic signs all along 8th Street so that traffic will exit onto Woolbright and is an easily controllable situation. It solves a great problem that currently exists, not only from a congestion and size of vehicle problem, but from a traffic safety problem on the north end of Ocean Drive. (2) Attorney Perry said they upgraded the "T" intersection which, contrary to the prior plans, interrupts the flow of traffic on 8th Street, which initially was planned as basic- ally an arterial road. Now they have reduced it to a local street with appropriate signage relative to trucks and con- sideration of the fact that the area bordered by the park area is where the "T" intersection occurs around that loop road. That will be a stop sign intersection, which will slow the flow of traffic. In addition to that, the reduction in commercial, as well as the reduction in the residential from 618 units, which they are presently in litigation over, down to 500 units represents approximately 2,000 vehicle trips per day being taken away from the overall project. In terms of the concerns that have been expressed, Attorney Perry said this is a substantial reduction. Attorney Perry thought they also had to factor in that the traffic which exists in the area north and west of the pro- ject is currently traveling at the intersection of Congress Avenue and Boynton Beach Boulevard for essential shopping needs. This particular shopping center has the added feature to particularly the Leisureville people of attract- ing those trips which currently go west through Leisureville t~o that intersection of Congress Avenue and Boynton Beach Boulevard down to the intersection of 8th and Woolbright - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Road, eliminating a good deal of traffic they are concerned about. Attorney Perry felt they had to keep in mind what they were talking about. When they originally came here, they went through a couple of approval votes on 800 units and a much more intense commercial proposal. Their proposal was in synchronization with the City's Comprehensive Plan at that time. Attorney Perry advised that they were now at a density of less than 6 unitS an acre. The correct density is approxi- mately 5.7 dwelling units per acre. In his report, Attorney Perry believed he reflected 5.8. Mr. Kilday corrected him and said it is actually 5.7. Attorney Perry stressed that this density is significantly less than the single family density that exists in Leisureville and approximates the density at Lake Boynton Estates North, where they have 60 foot lots. Attorney Perry stated that they are essentially complying with everything everyone says they would like to see them do in-terms of a compatible development. The only thing they are not doing is that they are not laying out single family homes but are attempting to plan the development in a manner which complements and is compatible with everything around them. They have planned it in a sense that it is buffered from Leisureville and Lake Boynton Estates. As their additional neighbors, Attorney Perry said they have a railroad track and a super highway. It is hard for them to buffer against those, other than to go to a multiple type of housing. Complaints have been made about the height of that housing, and Attorney Perry thought City Attorney Vance would agree that it was raised by the City staff that they go to four story buildings in the one section, which is the "L" shaped section, for the bottom that touches on the commercial and the railroad track to the east. He informed everyone that he objected strenuously to that. Attorney Perry told the Council that he said people would object to the height of the buildings. They essentially came in at two story buildings, with the exception of the single family, in order not to antagonize anyone, but the City said if they went to higher buildings, they would create more open space, and the City likes that from a planning perspective. - 37- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Attorney Perry recalled that he then met with Mayor Cassandra and City Manager Cheney and effected a compromise where he said OK, he did not like the four stories, and they would go to three stories. That would leave more open space than the two stories, and maybe it would sell. Attorney Perry stated that they were here as essentially a ountable piece of stone. He commented, "Hit us with your ammer. We will work with you." Attorney Perry thought the numbers were right and everything made sense. Attorney Perry continued that it is contemplated and is their desire that the two parcels go to a bank and a sit down restaurant. They are currently negotiating with Brown Derby Restaurants. Attorney Perry emphatically said he was not prepared to agree, and he had told Mayor Cassandra that he was not prepared to commit, that they will not put a fast food restaurant in there. They are permitted by the City's Code to do that, and he did not believe it would create any more problems than anything else. ~ttorney Perry said it is a self contained development. That is third in line in terms of preference because they are looking for a bank and sit down restaurant. Attorney Perry said the City asked him for a list of types of uses, and they have it. Mayor Cassandra thought it was only fair to say that Attorney Perry mentioned it when he met with t him. A torney Perry retorted that it was not intended to be any kind of an allusion or anything. The Council took a break at 10:00 P. M., so that anyone who wished to look at the plan could do so. The meeting resumed at 10:08 P. M. Discussion by City Council Councilman Hester Councilman Hester thought some people did not want the property to be developed~into anything but just wanted it to be there. He recalled at some of the meetings people were talking about letting the City buy it, and he wondered if they would like to pay more taxes for it. Councilman Hester looked at this and at all proposals Trade- winds had to do and felt reasonable men could sit down and compromise. He commented that they could not satisfy every- body and said he did not expect to, but if it came to a vote tonight, he was going to vote the way he felt would be best for the City. - 38- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Councilman Hester said the property is bordered on one side by 1-95 and the railroad track, and he thought on the other side by a canal. He asked if the proposal was discussed with the City Planner and City staff. City Manager Cheney answered, "Not the latest one." Councilman Hester said the other one, which was similar to this one, had been. The proposal, as he saw it, was better than the first one. Councilman Hester remarked that he was not for the developer, was not a Planner, nor a Traffic Engineer. If the plan presented to them met the criteria of most of the City's comments, he could not see anything wrong with it. First of all, there was a buffer, and Councilman Hester thought one side of the street should be buffered. He understood the density was lower than what is in Leisureville. COuncilman Hester knew they said to have all single family homes but pointed out that everybody cannot afford a single family home. Some people might want to live in an apartment. Councilman Hester thought they should consider what had been done without any emotions. Things will not stay status quo because growth will happen whether they like it or not. Councilman Hester thought this was a better proposal than the first one, which he voted against. After 18 months of going over all of the proposals, he did not see anything wrong with the one that had been developed now (single family homes on one side that they were concerned with, and from four stories to three stories). As the front part is already zoned commercial, Councilman Hester did not think that was an issue. Tradewinds tried to lower the density, lowered the buildings, and, as far as he was concerned, it was a good plan. If they wanted to continue to spend the taxpayers' money on lawyers' fees, Councilman Hester guessed they would turn it down. Councilman Ferrell Councilman Ferrell asked everyone in the audience to give the Council an opportunity to speak, if they were truly interested in good government and not just in what they think. He said the City Boards were to advise the Council, not sit and disrupt meetings. They can give their advice and let the Council do what they think is best. The comments have always been to leave it like it is. If they left the land where Leisureville sits like it is, Councilman Ferrell said many in the audience would not be - 39- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 here enjoying the lifestyles they have. Changes have to be made. He doubted that anyone would approve another project with the density that exists in Leisureville right now and thought they should think about that. With reference to traffic impacts, Councilman Ferrell said a lot of the problems are being met and new developers have to pay for the impact that they have on the roadways, but they should not be expected to pay for past mistakes or short sightedness on the part of government prior to that development arriving. This project is not the 0nly thing contributing to traffic on Woolbright Road and Leisureville itself is contributing to it. Councilman Ferrell said that was the fair way t He thought they had to stop thinking that they development.and one individual pay for everythi was no question that this had been an emotional it has been going on 1-1/2 years. in. ~ther roads. look at it. make one ng. There battle, and Some people will not give In 12 years as a Police Officer, Councilman Ferrell did not make decisions by emotions and in his 2½ years as an elected official, he has not made them by emotions and did not intend to start now. He thought they should juggle the facts and make a decision. If they could not agree, that was the way it had to be. Councilman Ferrell pointed out that there are a lot of people in the community and said the Council determines the majority by talking and listening to everyone, not reacting to who can bring the most people to a meeting. He recalled nights when only ten people were here and other nights when there were 200 or 300. Councilman Ferrell did not think voting, based on who shows the most hands on an issue, was the way to do it. Councilman Ferrell thought this had really gotten out of hand. He met in a restaurant with a representative of Leisureville some months ago, and the man brought along two bags of news clippings to show how important he was over the past forty years and his ties with the Mafia. The whole basis of the conversation was his heavy political influence and that Leisureville could either make you or break you in the political arena. Councilman Ferrell informed the Council that the man told him his political career hinged on this decision. If he - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 chose to disapprove this project, the man said he would make sure Councilman Ferrell went anywhere he wanted to (County, State, or Federal). Councilman Ferrell did not think he (Ferrell) was the only one who heard the discussion. If he approved this, Councilman Ferrell was told his throat would be cut politically, and he would be through. His point was that it was not a decision he was taking real lightly, but he thought there was a time in your life when you have to stand your ground and do what you think is best for everyone. Councilman Ferrell stated that he was not afraid of the man. If he makes his decision and some of the people do not like it and want to forget the last 2½ years of accomplishments in the City of Boynton Beach and-go after him, he invited them to come on and said that was their opportunity. If they want to forget the progress they had in the community for 2½ years over one issue, Councilman Ferrell felt they should go back to school. Councilman Ferrell thought the Council had done a lot. They can disagree on an issue and can still talk and laugh with each other. Councilman Ferrell thought they had to stop and look at that. He was not going to sit back and worry because someone threatened his political career or let the fact that he may not get reelected influence everything he wants to do. Councilman Ferrell knew the people did not like to hear what he had to say but reminded them that he listens to them when they talk and does not shake his head and make comments off of the wall. He told the audience it was his opportunity to speak. Mayor Cassandra quieted the audience and asked them to extend that courtesy to Councilman Ferrell. Councilman Ferrell continued by saying some of the people would never be happy unless all of the Council follows their orders, and' that is not the way the Council makes decisions. Mayor Cassandra thought the Council had been acting with integrity by just the vote itself. (The constant 3-2 vote that has always occurred showed that the people on the Council had been thinking their own minds, regardless of whether the people agreed they were or not.) Mayor Cassandra was proud of the Council, even though he has disagreed strongly with certain individuals on it. The newspapers sold much more once they disagreed. - 41- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Mayor Cassandra pointed out that they should not talk about the mishap of Leisureville because other Council people did not think properly when it was developed. He hoped the City went past that type of planning and that the question of time that the Council has listened to this would help the issue, because it was because of the time that they were up to a point where the project was starting to be plausible. If they did not have the time, they would have had approval at 800, at 700, or 635. ayor Cassandra said they were now down to a point where they could discuss and negotiate the small items that were left and that seemed to be a problem in some people's mind. It was because of the majority of the people that thought about density at that time. As Councilman Hester pointed out, they started at 800 and voted against it, and now they were down to a point where it was discussable. Mayor Cassandra agreed that it had the advantage of being one development and said the land should be developed before this Council leaves. There was no doubt in his mind that it would be before this Council leaves. He commented that it has to be developed properly and satisfactory for the community as well as the developer. For some reason, lawsuits always bother Mayor Cassandra, ~hen they put a gun to his head and say they are negotiating, but there is still a bullet in the chambers at his head. He ~emarked that was not negotiating but was Russian roulette. Mayor Cassandra said they should negotiate and come to a  ompromise, but tonight they saw that example with the sewer roblem. Mayor Cassandra thought they were at a point where they should probably send it back to the Planning and zoning Board and Technical Review Board to get it done properly. If that did not happen, they would by-pass the Boards. He felt all of those experienced minds should look at it again, discuss it, and bring it to the Council because they were at that point. Councilman zimmerman Several questions were still very outstanding, especially about the last proposal. Vice Mayor Zimmerman did not think anyone very concerned about it knew whether it would be condo- miniums or rentals. They do not know how many apartment buildings there would be in any of the three parcels or in - 42- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 the last proposal, where all of the numbers have been changed. They do not know how many single family homes are going to be built. Vice Mayor Zimmerman tried to inquire several times as to what is happening to Poinciana Park. It was dedicated to the City on a previous plat. The City has named it and con- sidered it their park. Of course, other park areas were being drawn on the map, and Vice Mayor zimmerman wondered if that was sufficient to allow for what they owe the City and for Poinciana Park too. Poinciana Park is presently located in a much better position, away from Leisureville, between 8th and 9th Avenues. Vice Mayor Zimmerman said he would like to see the park located back along the railroad track where it is not desirable to build houses. Vice Mayor Zimmerman said there were many things that had to be corrected before he would ever consider giving much more thought~ to any more discussion on the subject. He received a letter today from one of the outstanding persons in the City that was definitely against it, along with all of the others. All of the Council received a copy of the letter, and Vice Mayor zimmerman did not think they had to read it. Vice Mayor Zimmerman stated that he could not vote for the project. Councilwoman zibelli Councilwoman Zibelli had two problems in mind. One was the traffic at Woolbright Road and 1-95. They discussed that they could have two left turn lanes on 1-95, but they would have no breakdown lanes, which she did not think was a very "super" idea. The second was on page 6 of Attorney Perry's letter and was in reference to the agreement about the suit. This looked like a one sided agreement to Councilwoman Zibelli, and she asked what the City could do if Tradewinds did not give the release and drop the suit. She called attention to the fact that Tradewinds was going to hold the releases in escrow. If they get the zoning changes, she wondered what would say that they would drop the suit. In her layperson's opinion, Councilwoman zibelli thought the City had a lot to lose by the agreement, and she felt if Tradewinds wanted the project bad enough, they would drop the lawsuit first and take their chances on the Council's vote. - 43- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Parlimentary Procedure Involved City Attorney Vance agreed with Mayor Cassandra that the Council would either have to accept or reject the settlement presented on August 22nd by Attorney Perry. Mayor Cassandra asked if it would be possible to make a motion that it go back to the Technical Review Board and Planning and zoning Board. He wondered if that would be proper, if Tradewinds agreed. City Attorney Vance advised that the Council could make that suggestion. Mayor Cassandra said he would hate to have any Board of the City be also under the litigation question. Councilman Hester though Councilwoman zibelli mentioned that the City might be in some kind of straits and asked if the agreement, as presented, would cause any trouble. City Attorney Vance replied that Tradewinds, through their Attorney, was~attempt- ing to protect themselves from a situation where the City might agree to something and possibly renege. He thought it was probably over protection on their Part because he felt if the City agreed to a settlement, they would agree to a settlement, but Tradewinds chose to put~ that in there. Motions Vice Mayor Zimmerman moved not to accept 'the offer of Settlement presented by Attorney Perry in his letter of August 22, 1986. Councilwoman Zibelli seconded the motion. A roll call vote on the motion was taken by Mrs.~Boroni: Councilwoman Zibelli Mayor Cassandra Vice Mayor zimmerman Councilman Ferrell Councilman Hester Aye Aye Aye No No Motion carried 3-2. Mayor Cassandra attempted to speak to Attorney Perry. Attorney Perry commented that he did not think Mayor Cassandra had anything of interest for him to hear and left the meeting. Vice Mayor Zimmerman moved that future proposals to the City from Tradewinds for a settlement of the lawsuit, which require a change in the land use, as designated in the City's Comprehensive Plan, first be sent to the Technical Review Board (TRB) and the Planning and Zoning (P&Z) Board. This follows the accepted procedure for the consideration of all other such development plans. Mayor Cassandra passed the - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 gavel to Vice Mayor Zimmerman and seconded the motion for discussion purposes. Mayor Cassandra asked City Attorney Vance if they could pass this responsibility to the Boards when the City is under litigation. City Attorney Vance answered that the Council can, if it desires, require that any proposal of settlement go to the P&Z Board before it is discussed by the City Council. Mayor Cassandra added, "to be advised on changes or non-changes or acceptance or non-acceptance." Vice Mayor Zimmerman said the P&Z Board would only be acting in an advisory position. Mayor Cassandra pointed out that certain advisory boards have certain variance jurisdictions, ie, parking. City Attorney Vance interjected that this appeared to be a particular motion aimed at a particular case rather than a motion involving all matters in which the City might become involved in litigation, so the P&Z Board would not have any variance power. Mayor Cassandra did not want the Board in any stressed or strained relationships. City Attorney Vance said obviously, it would not be practical for all litiga- t ion, but it appeared from Mayor Cassandra's motion, it was imited to Tradewinds. Mayor Cassandra asked the motion maker what he felt the advantage of it in this particular area would be. Vice ~ayor Zimmerman replied that he thought the proposal would be a little more clear, as he has many questions about this. Many people have been calling him on the phone and talking to him, and they have no idea what it is about. If there is a hearing before the P&Z Board, they would have the oppor- tunity to go there and learn about the property. Likewise, ice Mayor Zimmerman was sure the City staff ought to be involved and know if these technical things are right with any proposal. He did not claim to be an expert on sewers, water, trees, and everything else involved. That is why they have the City staff, and Vice Mayor Zimmerman urged the Council to use them. Councilman Hester reminded him that Tradewinds had already been before the Boards, and he did not think the changes they would want to do would be substantial. Vice Mayor zimmerman warned that was the danger and pointed out that they have the ability to change (right, wrong, good, bad, indifferent). At the same time, Councilman Hester said it comes to the Council. Vice Mayor Zimmerman asked if Councilman Hester wanted to take the responsibility. Councilman Hester was - 45- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 not taking the responsibility just for himself, and he reiterated that everything had been approved. Vice Mayor zimmerman retorted that the changes had not been approved, and that was what he was very interested in. Councilman Hester felt the proposed settlement would be of benefit to him and said it would benefit them because it reduces the density. He questioned whether Vice Mayor Zimmerman was saying if the proposal comes back, they should go before the P&Z Board and the TRB Board so they will know what changes have been made, and the P&Z Board and TRB Board can apprise the Council of what the changes were so the Council can make a better decision. Vice Mayor zimmerman confirmed that was right. Councilman Ferrell was not in a big hurry to turn over what he thought was the Council's responsibility to make a decision. When they discussed this once before, it was going to go back to the P&Z Board and the TRB in between first and second reading and would accomplish exactly the same thing. However, he did not think the Council should be passing to them the responsibility of recommending to the Council how to make a decision on a lawsuit, which would kind of be what they would be doing. Councilman Ferrell felt it was the City Council's power and not the power of a Board. He thought there was also a legal question there, i.e., should they be passing on the making of a decision on the settlement of a lawsuit to the Boards and going on their recommendations. Councilman Ferrell supported fully the technical aspects of it being reviewed by the Boards but felt it could be done in a time sequence in between. Councilman Ferrell said to suppose they did that right now and put the Boards on a spot, and they would come back with a recommendation that the Council accept the settlement, and the Council did not accept it. He thought they would be putting the Boards in a situation when they did not need to do that. Councilman Ferrell thought everyone on the Council had enough brains to look at it, make decisions, and vote on it. Then it could be reviewed before it was passed on second reading. They had the Ordinance procedure. Councilman Ferrell was leary about putting people on the Boards in that position, although on this particular issue, there were some that would love to be in that position. It would not always be that way, and he felt it would open the door for future ones. - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Mayor Cassandra asked if Councilman Ferrell was saying that after first reading, they should send it back at that time. Councilman Ferrell was not talking about the normal process, but was talking about an item on the settlement of a lawsuit, which is not the problem of a Board. He thought the basic decision was the Council's. whether they liked it or not. Then it would have time to go back to the Boards. Vice Mayor Zimmerman pointed out that the decision as to whether anything was approved or not would be the Council's responsibility. It would come to the Council. The TRB is what it says, in technical capacity. Assume they voted "yes" tonight, Councilman Ferrell said it would come for first reading in two weeks and for second reading, who knows when. He felt there was plenty of time for due process in between. Then the Ordinance may not pass, or may, based upon the recommendations from the Boards. Councilman Ferrell was just saying the policy statement as to whether or not they wanted to settle a lawsuit ought to be made solely by the five elected officials of the City. Vice Mayor Zimmerman interjected that it would be under his proposal. Councilman Ferrell did not agree. Councilwoman Zibelli wondered if they were just asking for technical advice and not the matter of the lawsuit. Mayor Cassandra did not know but gathered that there might have been some questions on water, sewer, fire hydrants, etc., in th- k ~e new pac age that was presented. It has three stories now and will be a wood structure, which will fall under the sprinkler law. For instance, Vice Mayor Zimmerman said they had a situation tonight where buildings were changed. Numbers were changed. They would have to be changed from the other proposal because the number of units were changed. When the locations of buildings are changed, the easements that are required and everything else have to be changed. Vice Mayor zimmerman thought all of that had to be well thought out before the Council made a final decision. Councilwoman Zibelli understood Vice Mayor Zimmerman was not asking the Boards to do anything but the technical review. Councilman Ferrell called attention to the fact that the P&Z Board would vote "yes" or "no" on it, and when it comes back the Council will be faced with voting on the outcome of the litigation with a recommendation from the P&Z Board. He did not think that was the position the Council or Members of that Board should be in because that was a bad position. - 47- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Vice Mayor zimmerman commented that it had already been said that this was possible. The Members began to vote on the motion. Mayor Cassandra and Vice Mayor zimmerman voted in favor of the motion. Councilwoman zibelli hesitated, as she did not see how a Board could possibly recommend anything on litigation. Vice Mayor zimmerman did not think anything had been implied there. The City is bound by anything that is settled, and he felt the Council should know whether it was proper or not before they made a decision. A vote was again taken on the motion, and the motion was lost by a vote of 2-3. Councilman Hester, Councilman Ferrell, and Councilwoman zibelli voted against the motion. OLD BUSINESS Follow-up Of Special Meeting Held Friday, August 29, re City Attorney's Position With The Council -~ Requested by Vice Mayor Zimmerman Vice Mayor zimmerman explained that he had this placed on the agenda because of popular or unpopular request. The discussion of last Friday did not please numerous people, and Vice Mayor Zimmerman, being on the prevailing side, was in a position to bring it up, which he did, for discussion. Councilman Ferrell knew the feeling was that they wanted to get rid of the City Attorney and asked if that was what they were discussing again. Vice Mayor zimmerman agreed that was the discussion on Friday. Councilman Ferrell asked if they needed to state what they were doing by taking another vote. Vice Mayor Zimmerman answered that they were reconsidering. Councilman Ferrell said he had some comments. Mayor Cassandra asked City Attorney Vance if it would be correct for them to amend the motion. City Attorney Vance advised that there could be a reconsideration, and it was a topic that could be raised by the City Council at any time. Mayor Cassandra just did not want to create another problem, and, as Councilman Ferrell stated, the question of concern should be stated. If he was paraphrasing Vice Mayor zimmerman correctly, Mayor Cassandra said the question of a vote of confidence in the City Attorney was the discussion. Councilman Ferrell felt it was obvious where the vote would go. He just wanted to say that this whole thing started from an issue. Councilman Ferrell was aware of the fact that the latest story was that City Attorney ruled On his resignation - 48 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 so he could hang around and vote on the Tradewinds' project, which was absolutely ridiculous. He said he would challenge anyone that wanted to say that to come and say it to his face, bring a lawyer, and they would find out. Councilman Ferrell remarked that there are so many rumors, and he thought it was probably predecided that they were about to make somebody pay for a political problem among a couple members of the Council or wherever this may generate. Councilman Ferrell recalled they voted on this Friday, and he personally observed four people right in this room hit the Vice Mayor right away, "Boy what a big mistake!", so he could understand the political pressure because he listens ~o it. Councilman Ferrell said the people were present and knew who he was talking about. Councilman Ferrell hated to see a railroad job of someone ho is on staff or an employee on an issue like that. bviously, like some of the other railroad jobs, they may not be able to stop it. Councilman Ferrell said it reminded him very much of the Boynton Beach four, five, six, or seven ~ears ago, when this used to happen. There was always a reeling that it would happen, and it bothered him to see it happen. Councilman Ferrell did not think they would want to ~i~rupt things in that type of manner. He said he would comment again, but he was sure there would be other comments. Mayor Cassandra had nothing to say. Councilman Hester thought it was settled at the last meeting they had but agreed they had the right to bring these things up. He did not think any City Attorney (notwithstanding City Attorney Vance), if a resignation is turned in that would have any effect on the legality of a Council, would withhold it if their opinion was against what the City Code says. Councilman Hester did not believe any City Attorney would knowingly not give an opinion about a resignation or a vacancy and not notify the City Council. He was sure if something was wrong with it, they would have heard before now. The City Attorney is supposed to protect the Council, so Councilman Hester asked why he would try to withhold an opinion when he knows the Codes and that the City requires him to do certain things if they have a vacancy. The resig- nation is under State law, and Councilman Hester~ personally, could not see that anything was done improperly. The only thing Councilman Hester gathered at the meeting that was done improperly was it was only brought to the - 49- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 attention of the Council after a newspaper reporter con- tacted the Mayor. He was not saying that was true, but he thought Mayor Cassandra said he heard him talking in Mrs. Boroni!s office. Mayor Cassandra agreed, as far as the Attorney was concerned. Nothing was said about Councilman Ferrell's resignation, so Councilman Hester guessed it was OK. He was sure and would have hoped the City Attorney would have straightened the Council out if it was wrong because that was his responsi- bility. As far as he was concerned, Councilman Hester did not see that anything was done improperly, but he is a lay- man. The Council did not ask for it, and it did come before the complete Council. Councilman Ferrell thought it was obvious someone was going to make a motion to fire City Attorney Vance. Mayor Cassandra thought he had put to bed his opening speech to Tradewinds about the integrity of this Council and was sorry to hear it brought up again. Mayor Cassandra repeated what he said Friday, that whatever decisions the Council made would either give City Attorney Vance a vote of confidence as the City Attorney or, if not, they would basically be asking him to resign, or he would basically be terminated. Councilman Ferrell asked if it would not be appropriate, if someone wanted to make a motion, to either retain him or terminate him. He thought it would be clearer language. Councilman Ferrell thought a vote of confidence would kind of leave City Attorney Vance hanging. If it was a vote of no confidence, City Attorney Vance advised that he, of course, would resign. Mayor Cassandra wanted to do whatever was the proper way of doing it without embarrassment to anybody. To see how the Council felt and to settle this, Vice Mayor zimmerman moved to give City Attorney Vance a vote of no confidence. Councilwoman Zibelli seconded the motion. No discussion. At the request of Mayor Cassandra, a roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Aye Aye No No Aye Motion carried 3-2. - 50- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 City Attorney Vance said he would offer his resignation and a reasonable time period to permit the City to obtain a replacement. As it might be a little difficult to replace him in thirty days, he said he would make it thirty or sixty days. Mayor Cassandra asked when the Council would meet again. City Manager Cheney replied, "The 16th of September." Mayor Cassandra questioned whether the Council wished to discuss this again as an item on September 8th. City Manager Cheney reminded the Council that he had been requested to have available for the Council on September 8th information relative to having a full-time City Attorney and said he would have whatever he could. Mayor Cassandra thought it would be good to have on the agenda an answer to City Attorney Vance's transition. City Manager Cheney said he would put on the agenda the discussion of how much time the Council would like to ask City Attorney Vance to give as his termination time. Mayor Cassandra added that they also give an answer to Vice Mayor Zimmerman's request for a full-time Attorney, if possible. City Manager Cheney said there would be a report on that. They may not have it on Friday, but they will have it on Monday, September 8. NEW BUSINESS Review of 1986-87 Sanitation Budqet City Manager Cheney had given the Council a proposed rate adjustment which takes the rate from the existing $8.00 up to $9.25. He gave them a comparison to other City charges. Two cities just made a decision on rates in the last day or two, so City Manager Cheney wanted to give the Council this for Monday night. He said it would tell how Boynton Beach compares with other cities, but it was not necessarily valid because they have different kinds of collection programs. City Manager Cheney thought all of the cities put a heavy amount of effort into the trash program, and the sanitation rates cover the trash program. City Manager C'heney pointed out that they should not compare the City with Boca Raton, and he explained. He said the other part of the rate increase takes a look at the commer- cial dumpster sanitation routes. The City has a complicated - 51- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH,. FLORIDA SEPTEMBER 3, 1986 system because they look at what it costs for the rental of a dumpster, tipping fee, general operating, capital equip- ment to replace the trucks, overhead, and the landfill closure. City Manager Cheney said it costs the City the same to dump a dumpster, whether it is an eight yard or two yard dumpster. The whole sanitation program is self-supporting. City Manager Cheney said there would be further discussion on September 8th or 15th. ADMINISTRATIVE Review of, comment on and amend proposed Local Option 2¢ Gas Tax Budget - 1986/87 TABLED City Manager Cheney asked that this remain on the table and said they would bring it up again. B. Discussion of letter from Barbara Kruger, Chairwoman of Community Relations Board, to the Mayor and City Council Mayor Cassandra thought the gist of Mrs. Kruger's letter was communicating to the public what the Board does or can do. He thought the request was for the Council to develop some publicity. Mayor Cassandra asked if the CRB had any ideas. Mrs. Kruger said this came from the League of Women Voters, and she asked what the City Council wanted them to do. Councilwoman Zibelli thought one of the points they were talking about was whether there were things the Council could recommend going to the CRB instead of the Council. City Manager Cheney said they have had the question of what the role of the CRB is for some time. He thought the mere existence of the Board to be available for issues has been valuable. For a long time, this was one of the few cities that even investigated having a CRB. City Manager Cheney thought that it might be of value to the Board if a CRB Member accompanied Police Officer Steffey in one of the crime prevention presentations he makes throughout the City. He did not mean they should get involved, except to answer questions. Officer Steffey goes to the CRB meetings and reports on what he is doing. City Manager Cheney suggested that one or two CRB Members go with him on a rotation basis and sit and listen. Maybe that would pull the CRB closer to resolving problems. - 52- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Mrs. Kruger said the League of Women Voters were concerned because things come to the Council and prolong the meetings when they could have been settled by the CRB. If there was some way they could go to the CRB and get the problems settled, they would not have to go before the Council. City Manager Cheney understood the motivation of the League but did not think it was practical. People who want to talk to the City Council will want to talk to them and not the CRB. City Manager Cheney said they will not be able to divert the people. He thought the diversion would have to come in the neighborhood level, which was why he thought of getting the CRB people out in the community. City Manager Cheney did not think it would come by an edict, mandate, or a suggestion that they go there instead of the Council. Mayor Cassandra said the Council will make a concerted effort to try and come up with some way to help out. He did not know that there was any decision the Council could make. City Manager Cheney thought they should take it off of the agenda for now and said they can always put it back on. When something develops, they will bring it back. Consider appointment for alternate position on Community Relations Board - Appointment to be made by Councilman Ezell Hester, Jr. TABLED Councilman Hester moved to take this off of the table, seconded by Councilman Ferrell. Motion carried 5-0. Councilman Hester appointed Paul Finke, 1320 S. W. 25th Way. As there were no other nominations, Mr. Finke was accepted by acclamation. De Consider appointment of two regular members - Codes Enforcement Board - Terms expired - Appointments to be made by Councilwoman Dee zibelli and Councilman Ezell Hester, Jr. Mayor Cassandra said the two regular Members are Robert J. Mulroy and Enrico Rossi. Councilman Hester moved to reappoint Robert J. Mulroy. Mr. Mulroy was reappointed by acclamation. Councilwoman zibelli TABLED her appointment. - 53- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1986 Designation of voting delegate for Florida League of Cities Convention, September 18 - 20, 1986 Mayor Cassandra was told that Vice Mayor Zimmerman, Councilman Ferrell, Councilman Heater, and City Manager Cheney were going to attend. Councilman Heater designated Vice Mayor Zimmerman as the voting delegate. Vice Mayor Zimmerman was designated by acclamation. ADJOURNMENT There being no further business to come before the Council, the Council properly adjourned at 11:08 P. M. CITY OF BOYNTON BEACH, FLORIDA ~~ ~-~-~3~.~ Mayor /~/ Vice Mayor ATTEST: f - ~c - /~ - fCounCilman -'- f/ ~h-~--~ity Clerk ~/~i i lman Recording Secretary // ncilwoman (Four Tapes) ~ - 54 - SUGGESTED ADDENDA 17-39 Fees (d) Subsections (a) and (b) of Section 17-39 shall not apply to charitable organizations which meet the standards listed in Section 17-44, Subsection (d). SEC. 17-42. Contents of permits; terms; expiration; nontransferable~ (f) Subsections (d) and (e) of Section 17-42 shall not apply to charitable organizations which meet the standards set forth in Subsection (d) of Section 17-44. SEC. 17-44 Restrictions on behavior (d) Subsection (a) of Section 17-44 shall not apply to charitable organizations which qualify as 501 c (3) of the Internal Revenue Code and which meet the standards set forth in Subsection (d) of Section 17-44 as follows: 1) APPLICATION SHALL BE MADE WITH THE CITY CLERK FURNISHING THE INFORMATION REQUIRED OF SECTION 17-38 (a-1 inclusive). 2) THE CHARITABLE ORGANIZATION HAS CONDUCTED FUND RAISING CAMPAIGNS IN THE LOCAL AREA AND HAS PROVIDED SERVICES TO LOCAL RESIDENTS FOR A TOTAL OF AT LEAST 10 YEARS PRECEDING THE DATE OF APPLICATION. 3) THE ORGANIZATION PROVIDES ITS OWN IDENTIFICATION TO ALL ITS VOLUNTEERS. 4) EDUCATIONAL MATERIAL AND/OR A STATEMENT OF SERVICES OFFERED TO CITY RESIDENTS ARE INCLUDED IN VOLUNTEER MATERIALS. 5) VOLUNTEERS ARE RESIDENTS OF THE CITY AND NOT BROUGHT IN FROM OUTSIDE THE CITY. ADDENDUM A AGENDA September 3, 1986 CONSENT AGENDA - ADMINISTRATIVE ~LLIED PRODUCTS COMPANY Pebble Quick-lime for Water Treatment Pay from Water & Sewer Rev---401-332-533-30-65 ALSA¥ INCORPORATED 2nd AND FINAL Second and final payment for refurbishing Well %9, which includes the option of rebuilding Well House. Pay from Utility Capital Improve---404-000-169-01-00 e BOYNTON BEACH CHAMBER OF COMMERCE ervlces for August, 1986 Pay from Publicity Fund---101-191-519-40-54 JOHN N. BUSO~ P.A.. tatementfor services rendered regarding Overby vs. ity of Boynton Beach. Pay from General Fund---00!-141-514-40-61 DAVIS WATER AND WASTE INDUSTRIES, INC. d 0 ophos Liquid No. 1 for Sewage Pumpi~ Pay from Water & Sewer Rev---40i-352-535-30-65 ~A24MAL & ASSOCIATES, INC. ~lnstalling 6 monitoring wells as per Post, Buckley, ~huh & Jernigan's specifications and field guidance. may from Sanitation Fund---431-341-534-90-62 e JONES CHF24ICALS..~. INC. Chlorine for Water Treatment Bay from Water & Sewer Rev---401-332-533-30-63 e JOHNSON-DAVIS, INC.!st AND FINAL F~r 8" Gravity S~wer Replacement at N.E. 4th. Street and N.E~ 22nd. Avenue. Pay from ~ility General Fund---403-000-169-11-00 10. .~LAWMEN'S & SHOOTERS SUPPLY, INC. 1~,000 Rounds Ammunition for Police Department pay from General Fund---001-211-521-30'81 $ 11,437.26 !1,000.00 1,250.00 1,327.83 12,760.00 8,600.00 2,031.00 37,570.00 1,449.04 COUNCIL AP EOVED: deetins: -2- 11o .~ALM BEACH COUNTY SOLID WASTE AUTHORITY $ 69,543.85 Use of County Landfill for the month of July, 1986. Pay from Sanitation Fund---431-341-534-40-9A 12. INC. 163,358.29 ( struction of Plant Expansion Project - SCR~D Plant, City of Boynton Beach's portion. Pay from 1985 Construction Fund---409-000-169-12-00 13. .$.EMES ENTERPRISES 1,120.00 16,000 Consecutively Numbered Beach Decals for City Clerk's office. Pay from General Fund---001-122-512-40-72 Per bid 5/12/86, Council approved 5/20/86 14. STADIUMS UNLIMITED, ~NC. 20,770.00 One 24' x 40' Portable Stage for Recreation Dept. per bid specifications. Pay from Federal Revenue Share---320-721-572-60-42 Per bid 4/8/86, Council approved 5/20/86 15. TOWN & cOUNTRY AWNINGS & ENCLOSURES 2,741.00 SuPply & installation of Hurricane Storm Panels on Clubhouse, Cart Building, Maintenance Building and Locker Rooms per bid specifications. Pay from 1984/85 Budget for Golf Course---4!!-725-572-60-29 Per bid 9/24/85, Council approved 1D/1/85 16. UNIJAX INC. 1,961.57 Maintenance Supplies for Building Maintenance & charged to General Fund, Water & Sewer Rev. and Golf Course. 17. JAMES W. VANCE, P.A. 1,856.25 For Professional Services Rendered regarding Campanella Corp. Bankruptcy - $1,087.50 and JCF vs City of B~ynton Beach - $768.75 Pay from General Fund---001-!41-514-40-68 18. VERMEER SOUTHEAST SALES & SERVICE, INC. 1,900.00 One month Rental on Vermeer Trencher W/RoCk Chain for period 7/21/86 to 8/20/86. Pay from Water & Sewer Fund---401-333-533-40-21 Meeting.. -3- 19. 20. C~IARLIE ANDREWS Driver for Senior Citizens Club 3 weeks Pay from Federal Revenue Share---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 WILLIE RUT~ MCGRADY Server fOr Senior Citizens Club 3 weeks Pay from Federal Revenue Share---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 210.60 201.60 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Gra~ector I therefore recommend payment of these bills. Peter L. Cheney, Cl~y Manager COU.NC]L APPROVED: Meet n , JAMES w. VANCE WILLIAM P. DONEY MARTA M. SUAREZ-MURtA.~ LAW OFFICES J~xgs W. 'VxNc;~, P.2K~ SUITE 200. BARRISTERS BUILDING I 61 S FORUM PLACE ~I~ST PALi~ BF. AGH, FLOI~II~A 33zi,01 TELEPHONE: {305) 684-5544 August 12, 1986 Mr. Grady Swann, Director of Finance City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 RE: J.C.F.v. City of Boynton Beach FOR PROFESSIONAL SERVICES RENDERED: 1/30/86 2/24/86. 3/21/86 5/7/86 7/15/86 7/15/86 7/16/86 7/18/86 7/23/86 8/11/86 Final Wor~ on Brief Phone call - Charles Musgrove Review Appellant's Reply Brief Receive and Review - Notice Setting Oral Argument. Return card to clerk. Memo to Peter Cheney Prepare for Oral Argument. Prepare for Oral Argument Attend Oral Argument Phone call - Carmen Annunziato Phone call - Carmen Annunziato Memo to Peter Cheney Receive and Review - Mandate Memo to Carmen Annunziato 2.50 hours .25 .25 .25 1.25 3.50 1.50 .25 .25 .25 10.25 hours 10..25 hours x $75.00 = $768.75 WPD/pm TOTAL DUE: $768.75 WILLIAM ~ BONEY, E~ni~ COU,NCIL APPROVED: JAMES W. VANCE WILLIAM P. DONEY MARTA M. SUAI,:tEZ*MURIAS LAW OFFICES J~s W. ¥.~o~, P.A. SUITE 200, BARRISTERS BUILDING 1615 FORUM PLACE ~ArEST PALH BEACH, 17LOI~IDA 33401 TELEPHONE: (305) S84-SS44 August 12, 1986 Mr. Grady Swarm, Director of Finance City of Boynton Beach P. O. Box 310 Boynton Beach, FI. 33435 RE: Campanella Corp. Bankruptcy FOR PROFESSIONAL SERVICES RENDERED: 5/5/86 5/5/86 5/7/86 5/19/86 5/20/86 5/21/86 5/21/86 5/22/86 5/22/86 5/23/86 6/9/86 6/17/86 6/18/86 6/19/86 6/27/86 Phone call - Grady Swann Phone call - Tom Clark (2) Revi&w Superior Concrete v. B.B. & Campanella Bankruptcy files Memo to file. Receive and Review - Summons, Notice of .25 Pretrial conference and Complaint. Legal Research - Set-offs and automatic stay ~.75 Legal Research - re; turnover of assets to .50 set-offs Phone call - Bill Stalions .25 Legal Research - Set-offs and relief from 1.50 automatic stay Prepare Draft of Answer & set-offs .75 Prepare Motion for Relief from Stay Phone call - Tom Clark Phone call Trela White .50 Legal Research - Relief from stay and set-offs Receive and Review - Motio~ to Dismiss .25 Ranger & Pavex Legal Research - Relief from stay 1.50 Legal Research - Set-offs Prepare and file - Answer and set-off Phone call - Bill Stalions .25 Phone call - Peter Cheney .50 Phone call - Bill Stalions Phone call - Bill Stalions .25 Phone call - Peter Cheney .50 Letter to Bill Stalions Receive and Review - Letter from Ken .25 Crenshaw Order Staying Action IVJeetmg: .75 hours CAMPANELLA CORP. BANKRUPTCY Page 2. 6/27/86 7/3/86 7/7/86 7/11/85 7/16/86 7/23/86 7/23/86 7/24/86 8/7/86 8/11/86 Phone call Tom Clark .25 Receive and Review - Motion to Deposit .25 Funds. Attend Pre-Trial conference in Ft. 3.25 Lauderdale. Receive and Review - Proposed Settlement .25 Order Review Notices of Default - Adversarial .25 Proceedings Phone call Bill Stalions .25 Receive and Review - Order Granting S~ttlement .25 and Order on Pre-trial conference. Memo to Grady Swann Phone call - Finance Dept. Letter to Bill Stalions Prepare Notice of Compliance. .25 .25 .50 14.50 hou~ 14.50 hours x $75.00 = $1,087.50 TOTAL DUE: $1,087.50 WPD/pm WILLIAM P. DONEY, Esquire7 A P OyED: dA~s W. Vasc~, P.A.