Loading...
Minutes 07-01-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 1, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Jr., Councilman Dee L. Zibelli, Councilwoman Peter Cheney, City Manager Betty Boroni, City Clerk William P. Doney, Assistant City Attorney Mayor Cassandra called the meeting to order at 7:32 P. M. The Invocation was given by Reverend Michael Cassell, St. Joseph's Episcopal Church, followed by the Pledge of Allegiance to the Flag led by William P. Doney, Assistant City Attorney. AGENDA APPROVAL Under "Ko, Approval of Bills," City Manager Cheney added a bill from Pioneer Contracting in the amount of $18,D90, for the contractor who redid the handicapped ramps. The City put in about forty curb cuts around the .city, which are being paid for by Community Development's funds. He also added a payment to ErnSt & Whinney, A~d'~'tors, for $3,250. City Manager Cheney added theY'"Approval Of A Contract With An Engineering Firm Relat-~ige To Utilities on Boynton Beach Boulevard" under "XI..?~DMINISTRATiVE-. Under "NEW BUSINESS", Councilman Ferrell added an "Update on the Growth Management Task Force" and also "Zoning". Councilwoman Zibelli added the "Refunding of Golf Course" under "CITY MANAGER'S REPORT", and Mayor Cassandra added an announcement under "announcements". Councilman Ferrell moved, seconded by Councilman Hester, to accept the agenda as corrected. Motion carried 5-0. ANNOUNCEMENTS Mayor Cassandra made the following announcements: City Hall and the Library will be closed Friday, July 4, 1986 and Saturday, July 5, 1986, in observance of Independence Day a) July 4th Festivities will take place at Boat Club-Rar~k - Flag Raising Ceremony at 1:00 P. M., Fireworks Dis- play at 9:00 P. M. with other activities throughout the day - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Wednesday, July 2, 1986, 8:00 P. M., City Council Public Hearings re: Planning Issues a) Mayor Cassandra asked the Council to consider a possible time limit of 10:00 P. M. on the public hear- ings and thought that question could be addressed when they meet on July 2. CITY MANAGER'S REPORT Summer Food Program City Manager Cheney reported this is being funded through a Federal program, is being handled at Wilson Center, and it started two weeks ago. About 200 meals a day are being served. They are light lunches for the children and are carefully controlled from a nutritional point of view. Joint Summer Program At one time, City Manager Cheney said they talked about a special summer program, which would be jointly done by Community Development, South Tech, and the City. The problem was that no kids were interested in participating in the program, so it did not go. Golf Course Advisory Committee City Manager Cheney informed the Council that the County Commissioners reappointed Bruno Tassoni as the Alternate Member to the Golf Course Advisory Committee. Noise Ordinance One of the papers today reported that the City is not enforcing the Noise Ordinance. City Manager Cheney assured everyone that was not correct and added that he had also assured Former Mayor James R. Warnke that it was not correct. The City is trying to establish noise levels, so they can go back to Shooters. They will be doing that on weekends. Golf Course Refundinq In response to Councilwoman Zibelli's request, City Manager Cheney preferred to do this at the next meeting. He assured - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 her that the golf course, from an operational point of view, is self-supporting, but he will explain in greater detail what happened when they did the refunding. It looks like there is a balance sheet loss, but there is not a loss. City Manager Cheney will present written material to the Council at the next meeting so they can look at it and talk about it. The City Manager's report was accepted as presented. PUBLIC AUDIENCE Mayor Cassandra said those people wishing to speak on any- thing not on the agenda could do so now. Boat Ramp Park Eleanor Shuman, 2520 N. E. 1st Court, noticed a lot of very young children at the park with nothing to do. She under- stood nobody thought about swing sets or other kinds of entertainment for them. With the new property that was recently acquired, Ms. Shuman felt some thought might be given to a section for small children. Light Industry, Tax Base, and Screeninq In several towns where Ms. Shuman came from, they initiated light industry where there had never been light industry before. One of the things they based it on was a tax base. Ms. Shuman had not heard of that as a good reason for having light industry coming into the City, nor had she heard what the City Code is as far as screening the light industry. Ms. Shuman remembered hearing about the building that is so bad on Woolbright Road and thought that, obviously, the planning was not good. She guessed five new rezonings were coming up or came up in the past and wondered if something was on the books. City Manager Cheney informed Ms. Shuman that a lot of light industry is being developed in the City, and he mentioned the Boynton Distribution Center, Boynton Commerce Center, and Deutsch Ireland that will be developing. He told her to drive down Congress Avenue and also on High Ridge Road, between 22nd and Hypoluxo Road. It is having an impact on the tax base, and the City will see that this year. As far as screening, City Manager Cheney said there are requirements for screening of all developments in the City, - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 and he went into more detail. He thought the building Ms. Shuman was referring to was the four story building behind Lindsley and said there is screening. The problem is that the land was zoned for that development prior to the existence of Leisureville. City Manager Cheney continued that the City has the Community Appearance Board, which reviews the landscaping plans for all development in the City. Ms. Shuman wanted to see more publicity on the tax base those industries are giving the City, as she did not think it was general or confined knowledge. She thought a lot of people would feel better, knowing the City is going forward with light industry. City Manager Cheney said the City just received the figures for the new tax base today. He recollected the base had increased $122,000,000, based on new construction that got certificates of occupancy before January of 1986. The base was about $1,000,000,000. The new construction increased the City's base in 1985 by about 10%. Mayor Cassandra interjected that the City has the Budget Workshops coming up, at which time more specific information pertaining to the questions raised by Ms. Shuman will be addressed to the Council by the City Staff, through the City Manager. He invited Ms. Shuman to the Workshop Meetings on July 22, 23 and 24, and said she will hear about revenue, as well as expenditures. Boat Ramp Park City Manager Cheney told Ms. Shuman a lot of kids are at Boat Ramp Park now as a part of the City's summer camp program, and they are supervised. This is the first time swings, etc. have been formally suggested, and City Manager Cheney said the City will take a look at it. Ms. Shuman told of a picnic and parties for children and reiterated that there is not enough for kids to do. She went into more detail. "I Am An American Day" Jim Frederick, Cline-Pautsch-Kott Post No. 164, American Legion, read "A Request for Action", which said that last year, the County Commissioners declared October 28, 1985 to be "I Am An American Day" in the County. A Resolution was submitted to the State Convention of the American Legion asking for the Department of Florida to urge State legisla- - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 tion to declare the holiday and submit a similar Resolution to the National Convention. The Resolution passed unanimously. Since Post No. 164 is located in Boynton Beach, the Members believed it proper if the necessary legislation was passed to declare Boynton Beach to be the home of "I Am An American Day" and to publicly advertise this fact with proper signs. The Post also asked that the City Council appoint a City Staff person to serve on their committee and assist them in their efforts. They further asked that the City, Chamber of Commerce, and all other civic and fraternal organizations join in a civic celebration of this declaration, to be held at Boat Ramp Park on Saturday, August 16, 1986. (It will be a giant picnic.) Mr. Frederick concluded by saying the Post is trying to observe "I Am An American Day" on the third Sunday of each October. Mr. Frederick informed Councilman Hester that they want to make Boynton Beach the home of "I Am An American Day". Mayor Cassandra gathered there was another city that would challenge the City of Boynton Beach. Mr. Frederick replied that he knew they were the first to go before the American Legion's State Convention, and they had 20 Post sponsors on the original Resolution at the State Convention. They have asked 50 other States to join them in this. Mayor Cassandra asked if there would be any legal problems if the Council made a Proclamation declaring Boynton Beach as the home of "I Am An American Day" and if it would be appropriate if they put a sign at the entrance of the City like the one for Rick Rhoden. Attorney Doney saw no legal problem with that. City Manager Cheney knew of no problem that August 16 would create for the City. Motion Councilman Ferrell moved to direct the City Attorney to draft a Proclamation declaring Boynton Beach as the home of "I Am An American Day". Councilwoman Zibelli seconded the motion, and the motion carried 5-0. Mr. Frederick asked about a person from the City Staff work- ing on their committee and helping with the picnic. Mayor Cassandra said he should discuss it with the City Manager. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Veterans' Park Jack Dashev, 5631 Fairway Park Drive, was informed by Mayor Cassandra that the Council received his letter, but it did not make the agenda. Mr. Dashev said the Boynton Beach Veterans' Council represents every veterans' post in Boynton Beach. This includes two American Legion Posts, two Veterans of Foreign Wars' Posts, and one Jewish War Veterans' Post. The combined membership has shown the need to establish a suitable veterans park in a more desirable area than the park now designated to honor veterans, and Mr. Dashev expounded. He said they feel Boynton Beach veterans deserve a more fitting memorial, and he went into detail. Mr. Dashev said the veterans feel Bicentennial Park, on Federal Highway, just north of Boynton Beach Boulevard, is ideal to conduct patriotic ceremonies, and it is maintained in a satisfactory manner. All that would have to be done to designate this park as their official veterans' park would be to change the sign to read, "Bicentennial Veterans' Park," and he further commented. The Veterans' Council requested that an investigation be made to see if the deed for the property would in any way create a problem in implementing the change. They wanted a positive response so that by Veterans Day, 1986, veterans could be remembered at a location which would allow them the dignity and honor they deserve. Councilwoman Zibelli wanted to change the name to "Veterans Bicentennial Park". Mayor Cassandra believed this issue came up at the Planning and Zoning Board's Workshop Meeting and asked if City Manager Cheney had an opportunity to investigate the deed restrictions. City Manager Cheney replied that the City is looking at that, as well as the records of the Bicentennial event. Mayor Cassandra told Mr. Dashev the Council was receptive to changing the title of Bicentennial Park, depending on the legality that comes up from City Manager Cheney's research. Fire Inspectors Morton Goldstein, 130 N. E. 26th Avenue, Boynton Beach, called attention to an article concerning Fire Inspectors, which appeared in today's Post. At every budget meeting, he brings up the City's lack of Fire Inspectors. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 In the article, Fire Chief Rhoden said the City has one full- time Inspector (William Cavanaugh, a 13 year veteran). Debbie Davis, a former Fire Dispatcher, was just put on. Mr. Goldstein read from the article that Chief Rhoden said it is hard to hire Inspectors from among the Fire Fighters. None of them want to make the switch because they would lose benefits. Fire Fighters now work 48 hours a week with one day on and two off. Many of them would have to give up second jobs to work five days as Inspectors. Mr. Goldstein agreed that Chief Rhoden was correct but said the answer was simple. To get the job done, he believed they would have to pay more money or raise the Civil Service rating to cause a Fireman to want to become a Fire Inspector. As of last September, the City had 3,000 business and residential units that were to be inspected on a yearly basis. Chief Rhoden brought out in the article that the City is two years behind. Mr. Goldstein thought the City might be even more than two years behind and also thought the City would be liable to a tremendous amount of litiga- tion. All they would need would be one bad fire on a piece of property or building that had not been inspected properly, and the blame laid on the City. Mr. Goldstein explained that he will not be able to be present on July 22, 23, and 24. He pleaded with the Council to take into consideration raising the Fire Inspector's Civil Service rating and salary if necessary to make it conducive to get people from the City's own ranks instead of going to the out- side to get full-time Fire Inspectors. Last September, the National Fire Protection Association recommended that a Fire Inspector make 500 inspections a year, and they will accept 600. Last year, Mr. GoldStein said the City needed five Fire Inspectors. Another 500 or 1,000 units are on the books now that have to be inspected. Mr. Goldstein thoUght the City had to bite the bullet and pay a reasonable increase. He did not think any citizen would object, and he expounded. Mr. Goldstein alluded to buildings in the north end of the City that had not been inspected for four years. Finally, they were inspected, but the people never found out what the violations were. He never received a letter. Mayor Cassandra asked if Mr. Goldstein was talking about where he lives (Village Royale on the Green). Mr. Goldstein answered affirmatively, went into more detail, and said if - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 there is a violation in any building there, he wanted to know about it. At the time, Mr. Goldstein said he requested that the Presidents of the Associations receive a letter listing the violations so they could take the proper action to correct them. Mr. Goldstein also felt the City needs a Fire Marshall. Bill Cavanaugh has worked for 13 years in the Fire Department and has the experience. The City always tends to promote from within. If Mr. Cavanaugh cannot handle it, he cannot handle it. Mr. Goldstein further commented. Mayor Cassandra believed the Council at that time reacted to the request of Fire Marshall by deleting that slot and gave a multitude of reasons, which he believed were supported by the Fire Chief. The Council at that time was also aware of Mr. Goldstein's letter, and Mayor Cassandra believed they authorized two more slots and tried to get people from the Fire Department to work in the Fire Inspector jobs. Mayor Cassandra believed Mr. Goldstein read in the paper the reason why the employees did not want the job. He believed the City changed the law about promotions and slot relation- ships and thought they went into a Fire Inspector I and II. In doing this, the City is trying to increase the grade. Mayor Cassandra commented that he might be out of order, but you just cannot change a grade in an organized Union type of operation without affecting every other slot. There was a lot more than just saying the City should give them more money. Mr. Goldstein did not believe they had to change under the Civil Service Rules and doubted very much that every standard in the Civil Service System would have to be changed to create a new level and pay more money to a Fire Inspector to get somebody from the inside to volunteer. He admitted they could not give them the same benefits because a Fire Inspector works an eight hour, five day week. Even if it costs a few more bucks, Mr. Goldstein stressed that the City should give them the money. Councilwoman Zibelli referred to Mr. Goldstein mentioning that no report or letter was sent to him, with reference to the fire inspections at Village Royale on the Green. After more discussion. Councilwoman Zibelli informed Mr. Goldstein that the Fire Department reported to the head of the Association and not the head of each building. They talked to Councilwoman Zibelli about it, and the Associations did receive letters saying everything was inspected. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Mr. Goldstein responded that the head of his Association at that time may have received the letter, but the head of the Association has no power directly over the Associations. They are all individual corporations. There are 14 individual corporations there. Councilwoman Zibelli under- stood, from the information she received, that Village Royale on the Green received a notice saying everything was OK and inspected. If that was her understanding, Mr. Goldstein said Councilwoman Zibelli's understanding was incorrect. Councilman Ferrell was sure City Manager Cheney would include that they make some type of change at the budget hearings. City Manager Cheney commented that the City believes in promoting from within. Fire Fighters have taken on the job of Fire Inspector for a period of time but decided they did not want to stay because of the working hours situation. Many Fire Fighters serve as Fire Fighters, but they are Certified Inspectors, and they also inspect. Any suggestion that says the City only has two Fire Inspectors working is not correct. The City is using existing on duty Fire Fighters to do inspections as much as it can, along with training, etc. The Fire Fighters do not sit around on benches outside of the station. They train, work, and inspect. City Manager Chene¥ further explained. Since the City has given the Fire Fighters the chance to take these positions and work a 40 hour week, City Manager Cheney said the City's next move is to have Certified Fire Inspectors, who are not necessarily Certified Fire Fighters, doing inspections. That would be a way not to upset the existing pay structure. They would have Fire Inspectors, who are certified, come in, and they could do just as good a job as a trained Fire Fighter. If the City pays money for a trained Fire Fighter, he should be used as a trained Fire Fighter. City Manager Cheney pointed out that the City has a Union situation and has to be careful of it. The City works closely with that so they do not get into problems. City Manager Cheney thought the Fire Inspectors on duty now understand the need to have Certified Fire Inspectors who are not necessarily trained Fire Fighters. He repeated prior comments and remarked that the City has Certified Fire Inspectors in other departments too that can also do fire inspections when they are out. A number of things are going on that will be addressed at budget time. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Mr. Goldstein stated that he knows the City has a fine Fire Department. He has seen Fire Fighters doing inspections, and knows they do not sit around doing nothing. He com- mented that the City has the finest Fire Rescue in the State, and he agreed with all that City Manager Cheney was saying. The bottom line was that the City is still behind, has to catch up, and get ahead. City Manager Cheney remarked that you do not do those things overnight, and the City is getting there. They are increasing inspections and have been doing it every year. There was more discussion. Mayor Cassandra knew Chief Rhoden would definitely ask for more at budget time. He added that the Council recognized that Mr. Goldstein has been concerned about this issue for a couple of years. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. PUBLIC HEARING Ordinances - 2nd Reading - PUBLIC HEARING (Postponed at City Council Meeting of June 17, 1986) Proposed Ordinance No. 86-12 Re: Amending Chapter 9, Fire Protection and Prevention, Article II, Fire Codes, Section 9-18, Automatic Sprinkler Systems required, by repealing said Section Proposed Ordinance No. 86-13 Re: Amending the Uniform Minimum Countywide Addendums to the Standard Building Code, 1982 Edition - Fire Sprinklers Attorney Doney read proposed Ordinance No. 86-12' on second reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9 FIRE PROTECTION AND PRE- VENTION, ARTICLE II. FIRE CODES, SECTION 9-18 AUTOMATIC SPRINKLER SYSTEMS REQUIRED. BY REPEALING SAID SECTION IN ITS ENTIRETY; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 9 FIRE PROTECTION AND PREVENTION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILIT¥ CLAUSE, AND AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." City Manager Cheney suggested that people who speak may want to speak to both Ordinances and will find it difficult to - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 speak to one and not the other. He thought the Council might want to consider introducing both Ordinances. Attorney Doney advised that they could have the public hearings together and vote on the Ordinances separately. Attorney Doney read proposed Ordinance 86-13 on second read- ing by title only: "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 ADOPTED BY SECTION 5-3. BUILDING CODE ADOPTED OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, TO AMEND CH~APTER IX SPRINKLERS AND STAND PIPES, SECTION 901.2 - REQUIREMENTS TO REQUIRE THAT ALL BUILDINGS OF TYPE SIX CONSTRUCTION TWO STORIES OR MORE IN HEIGHT BE AUTOMATICALLY SPRINKLED; PRO- VIDING THAT EACH AND EVERY OTHER PROVISION OF THE UNIFORM, MINIMUM COUNTY WIDE ADDENDUMS TO THE STANDARD BUILDING CODE, 1982 EDITION REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra informed the audience that the City was using a sprinkler Code that was obsolete and overridden by the State. Therefore, one Ordinance was saying they had to correct the City Code to be in conformance with the State. The Council had the authority to add in a sprinkler require- ment. The other Ordinance is saying the City agrees with the State Ordinance, but the City is going to amend it and add in the sprinkler requirement. At first reading, the height was changed from Type Six Construction,~Three Stories, to Type Six Construction, Two Stories because it would be easy to go up to three stories but would be hard to come down to two stories. Lew Lawder, Director of Governmental Affairs, Home Builders & Contractors Association of Palm Beach County, Inc., 5713 Corporate Way, West Palm Beach, Florida 33407, said the association he was representing is an association of 2,500 builders and developers in Palm Beach County. He hoped the Council would adopt 86-12 and forget 86-13. Mr. Lawder said Ordinance 86-13 was contrary to the provisions of the Standard Building Code, the National Crime Protection Code, and certainly was not the intent of the Statewide Minimum Building Code. To the best of his knowledge, if the - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 City Council should adopt it, it would be the only munici- pality in the State of Florida with a Code as restrictive as this is. Mr. Lawder said they concerned themselves with why Type Six was singled out. There are many occupancies where the fire load within the building (furniture, etc.) far exceeds the fire load of the structure itself. Model Codes like the Standard Building Code, which is mandated by the State Legislature, balances the fire loads by assigning smaller, allowable building sizes to combustible construction besides accounting for many other occupancy dependent variables. Mr. Lawder said a major problem with Type Six construction is that fires can start and spread within concealed spaces where the framing is combustible, but normal sprinkler installation does not provide protection in those areas. If sprinklers are needed in Type Six construction, they are probably needed in all other types of construction. Many model codes, like the Standard Building Code, assume a level of fire department capability, both in terms of prox- imity to the fire scene and adequate water supply at the scene of the fire. Many communities base their sprinkler ordinances on minimal capacities of the fire service or inadequate water supplies. In Boynton Beach, Mr. Lawder believed they had a Technical Review Board that concerns itself with the placement of fire hydrants and looping the water lines. He believed they were assured through the Director of Utilities of adequate water pressure. Mr. Lawder did not think the restrictive Ordinances the Council was contemplating should prevail in Boynton Beach. Certainly, the research done by the Standard Building Code Congress and the Standard Fire Code Committee would demonstrate that the health, welfare, life, and safety of the public are properly guarded with the Codes the way they are. The requirement, as the City said in its Ordinance, of NFPA 13 is exceedingly restrictive and was originally designed for commercial property. Mr. Lawder said it is far in excess of what is necessary. NFPA 13D was specifically developed for this type of thing. Although he has the basic knowledge of building and zoning, Mr. Lawder said he is not an in depth authority on any one of them. As a result, he took the liberty of contacting the Standard Building Code Congress in Birmingham, Alabama and asked for their commentary. He left a copy of the response - 12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 from the Southern Building Code Congress International, Inc., dated June 19, 1986 and asked the Council to consider not going with 86-13 but to give two story Type Six construction a chance to survive. Mr. Lawder told of a study the Association did for the County Commissioners to determine the impact of unnecessary government regulations on the cost of housing. It took them about a year to develop the study, and they recommended 45 changes that were considered excessive government regulations. They had no relation to the life, safety, health, and welfare of the public. If those 45 regulations had been adopted, the cost of housing could have been reduced by a minimum of $8,500 per house or as much as $10,500. The affordability of housing is a major concern today. Mr. Lawder urged the Council not to take 86-13 but recom- mended that they endorse 86-12. Joseph T. Holland, Southeast District Manager, National Forest Products Association, 523 Seabreeze Boulevard, Daytona Beach, said he would speak in favor of the Council approving 86-12. Mr. Holland was born in West Palm Beach and lived in this area for some time. In looking at Ordinance 86-13, he thought they should look at the purpose of sprinklers. When the concept of sprinklers was originally devised, it was for insurance companies, and Mr. Holland explained. One of the by-products of this was that life safety was also enhanced. Mr. Holland further commented. Mr. Holland said if the City was trying to prevent fires by requiring sprinklers, they will not prevent the fire. They will put the fire out before it has an opportunity to get so big that it gets out of control. The Ordinance says you have to sprinkle a two story, Type Six building with a sprinkling system, and Mr. Holland asked who would be affected by the Ordinance. When they say Type Six, a lot of people do not understand what Type Six is. Mr. Holland advised that Type Six is wood frame construction, and he added that wood frame is the predominant construction for residential occupancies. If the Council passes the Ordinance, the people that will be affected will be the homeowners, people who own condominiums, townhouses, and apartments. In looking at the Ordinance, Mr. Holland had to ask himself why they were just speaking to wood frame construction, and - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 he questioned whether it was considered to be unsafe. In looking at building safety, the National Forest Products Association supports the use of sprinklers in buildings where it is necessary to have sprinklers, such as in high rise buildings where it would be difficult for people to get out of the building. If you are in a situation where you cannot get out of the building, the sprinklers will put the fire out. Therefore, your life is not threatened as it would be if the fire was allowed to spread. The National Forest Products Association supports the numbers where sprinklers are required, as contained in the National Standards. The National Standards they adopted are in the Standard Building Code. Mr. Holland asked where the numbers came from that said you have to have a building of a certain height and a certain area, and when you go over that, sprinklers are involved. Prior to World War II, the National Bureau of Standards did some research on this, and the numbers contained in the Standard Code are based on that research. In order to requi~e something more stringent than that, Mr. Holland said they feel there should be documentation on a local level that shows that the City has a problem here (that the fire record for a particular type of construction or occupancy, or that the fire record PERIOD indicates that the City needs to do something more than what is contained in the National Standards). If this data is available, Mr. Holland said they hope it will be available for public review. As he had not asked to see it, he did not know if the City had it or not. Mr. Holland had a National Fire Protection Association Fire Code. Because they were talking about residential construc- tion, he pulled out the numbers that had been gathered over a ten year period for residential construction in the United States and read the following statistics: 41% of fires begin in the living room, 27% in the bedroom, 15% in the kitchen, 4% in storage areas, 3% in the heating and equipment room, 2% in the structural areas, and there is a miscellaneous for 8%. Mr. Holland said this tells that 98% of the fires in residential construction do not begin in the structure, but they begin in the contents, such as the living room couch. Mr. Holland explained what form of material is first ignited. 27% is furniture. 18% is bedding. 13% is combustible liquid or gas. 9% is interior finish. 9% is structural member. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 4% is waste. 3% is clothing on a person. 3% - cooking materials. 2% - electrical installation. 2% - curtains. Miscellaneous is 10%. Looking at these figures, Mr. Holland said they could see that all they would solve would be some- where around 9%, where the structure itself is the first to burn. What Mr. Holland was trying to say was it is not the building but.what you put into the building that causes the fire. By the time the structure itself is involved in the fire, who- ever is in there, hopefully, is out. If they are not, chances are that the smoke or toxic fumes have already "done them in". Based on what he read, Mr. Holland said the National Forest Products Association did not support the Ordinance. As to the type of construction, Mr. Holland said they did some research. Using data from California, they found Type Five construction, or ordinary construction, which has masonry walls, could have wood floors and a wood roof. The dollar loss in California for that particular type of construction was more than what it was for wood frame. Mr. Holland said the figures for dollar loss would not support the Ordinance. A few years ago, the University of Maryland did some research. Using the data they used, Mr. Holland's Association developed some numbers, as to the number of fatalities per capita for fires. Residential fires greatly outnumber the types of fires you have in other buildings because there is more residential construction. If you have a fire, you may have some property loss, but the loss of lives is not as great. Mr. Holland gave the Hilton fire in Las Vegas as an example. That was not a wood frame building, but 86 people were killed. Looking at fatalities, Mr. Holland said the protected non- cumbustible had the highest number of fatalities per fire per capita than any other type of construction. Fire resistant was 2.8. Protected non-combustible - 7.3. Un- protected non-combustible - 4.1. Protected ordinary, which is block walls, and wood floors - 1.8. In unprotected ordi- nary, Mr. Holland said you have no requirement for built-in fire safety into the building, whereas, with protected ordi- nary, the basic requirement is that certain walls, columns, beams, or what have you, have to have a degree of fire pro- tection. Unprotected ordinary is 3.1. Protected wood frame - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 is 2.4, and unprotected wood frame is 2.7. Mr. Holland said the Council could see that wood frame ranges in the middle, and national statistics did not support the Ordinance. The way the Ordinance is written, Mr. Holland said if a person wants to build a two story, detached, single family residence with masonry walls on the first floor and wood frame on the second floor, that building would be classified as a Type Six structure and would require sprinklers. He thought that type of structure was very typical if you wanted to build a two story building. Mayor Cassandra gathered that as long as it stays under that high rise division, Mr. Holland was against sprinkler systems. Mr. Holland disagreed, saying he did not say that. Mayor Cassandra asked why he was "harping" on two stories. Mr. Holland replied, "Because that is the way the Ordinance is written." He stated he would be of the same feeling about anything that was not contained in the National Standards, which says once you go over a certain size, you would have to sprinkle a building. It does not make any difference how many floors it is, but he believed it was about 10,500 sc feet. Mayor Cassandra asked, "If it is a one story Mr. Holland answered, "That's correct.." He added that he was talking about Type Six construction. Ci 'er Cheney asked if he meant 10,500 square feet per Mr. Holland replied 10,500 per floor, or if it is 10,500 for one floor, if they go over 10,500 square feet, they have to sprinkle the building. Mr. Holland drew attention to the City's Buildinq, Engineering ~ -- and Planning Department, which is something like 8,700 square feet, and said they were talking about a build- ing much bigger than .at one. If it was constructed out of wood frame, the BU~ Code would require a sprinkler system. If they id a second floor to that, Mayor Cassandra asked if would require a sprinkler system. Mr. Holland answered, "No." He confirmed Mayor Cassandra's statement that it is per floor level. Once you reach a certain size on a building, or if the building has just so many stories, Mr. Holland said another part of the Code swings into action. That part requires that you build in some protection. This protection gives the people inside an opportunity to evacuate the building. When you have to have a sprinkler system, Mr. Holland said it means you have to have certain things that will cost - 16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 your citizens money. Like Mr. Lawder said, they were talk- ing about affordable housing. Mr. Holland continued that all areas must be sprinkled, and he went into detail. The system would have to be designed by an engineer for 175 pounds of pressure, even if you only had 65 pounds. Cities usually have an annual fee for their sprinkler system connection. What Mr. Holland was saying was when you sprinkle a building, the type of construction becomes secondary, and he reiterated prior statements. If the City has the data to back up the Ordinance, such as the Fire Department's response time, water pressure is not great enough, and there must be sprinkler systems in build- ings, then Mr. Holland said the City should require all buildings of a certain size to be sprinkled, regardless of the type of construction. He urged that the Council not pass Ordinance 86-13. Joseph R. Molina, 811 S. W. 6th Avenue, was hoping the pass- age would be on sprinkler systems for Type Six buildings in two stories or over. He based his premise on people caring for people and not on statistics of the cost of the building or any other premise. Mr. Molina referred to a Fire Survival Prevention Book by William Blair, Fire Commissioner of Chicago, which described the best kind of sprinkler system you can install. The system reduces the possibility of extensive water damage. Mr. Molina said sprinkler systems are not as expensive as they used to be, and he explained. In a book by Lawrence Whitman on Fire Prevention, Mr. Molina said the fire loss records show that the average loss in a fully sprinkled building is under $2,500, so there would be a great savings in losses if there would be a fire. He informed the Council that when a fire loss does occur in a sprinkled building, the loss is usually due to an inadequate water supply, obstructed piping, the system not being designed for the type of hazard involved, fire being out of reach of the sprinklers, and an explosion that shattered the sprinkler's piping. If the sprinkler system is properly designed for the building, Mr. Molina said it would be better protection for the building and the people in the building. He urged the Council not to wait for a crisis to occur, but to prevent it before it happens. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Morton Goldstein, 130 N. E. 26th Avenue, agreed with Mr. Molina, knew William Blair personally, and designed a lot of fire systems in Chicago when he was there. He described the type of sprinkler Mr. Molina had referred to and said he had discussed it with City Manager Cheney just awhile ago. Mr. Goldstein never read anywhere in the National Fire Protection Association that sprinklers are not good. Mr. Goldstein said you can take statistics and turn them around any way you want. He was listening to national sta- tistics tonight but told the Council they should be interested in Boynton Beach. Mr. Goldstein agreed with Mr. Molina and asked, "What price do you put on a human life?" If they would poll the Fire Department in the City, Mr. Goldstein was willing to bet that 99.9% of them would want sprinklers in this type of building because it would benefit them in their fire fighting. He was in favor of the sprinklers put in this type of building. Mr. Goldstein con- curred that it was true that sprinklers will not stop fires, but said they would reduce the exposure to loss of life and property. Mr. Goldstein asked if there was anything in the Ordinance that would allow the Fire Department to make a recommenda- tion as to when the sprinkler head would kick off, and he explained. He wondered if the Fire Department would be involved in specifying what type of sprinkler heads. Attorney Doney replied that the Ordinance refers to NFPA 13, which gives the standards. Mr. Goldstein said there are two types of sprinkler systems. He questioned whether they were going to specify that they be dry sprinkler head systems or wet systems. The dif- ference is that there is no water in the sprinkler head of a dry system. If a fire starts, the water goes through the valve into the sprinkler head. In a wet system, the water is already at the point of the sprinkler head. Attorney Doney did not know what it called for but said it would be in NFPA 13. Mr. Goldstein stated he was for the sprinkler systems. Mr. Holland advised that NFPA 13 permits either sprinkler system. Mayor Cassandra did not know which one the Ordinance would call for. After other comments, he said he was still in the process of reading other materials on fires. Mr. Goldstein advised that Bill Blair in Chicago is right. Mayor Cassandra asked if anyone in the audience wished to speak for or against sprinkler systems. - 18 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA JULY 1, 1986 James G. Torbit, 2399 S. W. llth Avenue, Leisureville, referred to three story wooden apartment buildings going up, across Congress Avenue from where he lives, that got out of putting in sprinklers. If a fire came from the west, he said a fire over there could spread very rapidly, cover the whole area, and perhaps get into Leisureville. Mr. Torbit referred to two story houses there, the Satter development, Lake Terrace, and the tremendous amount of wood construction in the area. He thought they would be better off with sprinklers. Mr. Torbit asked if there was a possibility of retroactive action in getting sprinklers in the three story apartment houses. He also asked why the City did not prohibit wooden structures from now on from the standpoint of fire and termites. Mr. Torbit knew a lot of cities throughout the country have prohibited wood structures from being built. Attorney Doney did not think an Ordinance like this could be retroactive. The matter has been addressed; permits have been pulled, and monies have been expended. Mr. Torbit thought it would be well for the Council to pass Ordinance 86-13, particularly in view of the comments made by Messrs. Molina and Goldstein. Councilman Hester asked what communities would not allow wood structures. Mr. Torbit replied that a number of areas around Philadelphia do not allow wood structures. A number of cities in Colorado do not permit them because of a lack of water. Ralph Marchese, 1901 Roma Way, spoke about the traffic impact, difficulty crossing streets, and saving buyers of property money by not building safer structures. He commented that this is a nice City but all of a sudden, "a bonfire" has been put close to the middle of it. If any- body has ever been in a fire, when it occurs, it is nice to know there is a system that will put out that fire. Having been involved in fires, Mr. Marchese urged the Council not to go for all of the statistics and protect the people. He commented further. There being no one else who wished to speak for or against the Ordinance, THE PUBLIC HEARING WAS CLOSED. The Council took a break at 9.02 P M. The meeting resumed at 9:07 P. M. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 The Council requested Fire Chief Rhoden and Edgar "Bud" Howell, Building Official, to come forward. Councilman Ferrell wanted their opinions as a staff recommendation. Chief Rhoden said they were bringing up an Ordinance they had on the books for years and changing the wording. He thought it would be foolish for anybody in the Fire service to say they did not need the fire sprinklers. Chief Rhoden liked the Ordinance and wanted to see it passed. Based upon his experience, Mayor Cassandra asked if Chief Rhoden would feel that the wording should be greater than two stories or two stories and greater. Chief Rhoden wanted to see two stories and greater. Mr. Howell told the Council he would enforce whatever they passed. Councilman Hester thought someone had said it would just be for multi-family. Mayor Cassandra asked if Type Six includes just multi-family or anything that has wood construction. Mr. Howell replied that Type Six came up because of the way the Ordinance was written before. It said wood frame. Type Five construction has some wood frame in it, like your roof, petitions etc. Mr. Howell clarified what he thought the Ordinance meant previously, which was Type Six construction (all wood frame). The way the Ordinance is written now, Mr. Howell believed it would include single family residences as well as multiple. COuncilwoman Zibelli read, "two stories or greater." The way it is written now, City Manager Cheney said it is not over two stories but is two stories. Councilwoman Zibelli remarked that her original motion was for over two stories, but now that it includes two story single family homes, she thought it was something to think about. The Council had not thought about that. City Manager Cheney thought a two story single family home would not be built speculative but by the person that would own the home. They have the choice of putting that sprinkling system in if they want it. City Manager Cheney thought that may affect the Council's thinking. He informed Council- man Hester that the way the Ordinance is written now, it would require that they put in a sprinkler system. Vice Mayor Zimmerman pointed out that they could amend or change it to multi-family. Attorney Doney thought they would have to be careful on the wording. Type Six has - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 nothing to do with the type of occupancy, so they would have to say "excluding single family" if that was what they wanted to do. Ordinarily, Mr. Howell said the Code Book would exclude single family and duplex construction because the State law, in many instances, excludes it in the requirements. It also allows an owner to build his own home or duplex, if he is going to live in it, and do all of the work on it. Councilman Ferrell felt the cost of living was an issue. The City usually stands with the Standard Code on everything else, and it seemed they singled out this one particular item. He knew the basis for a lot of people's concern was they do not like wood housing, so they would make them expensive enough so people would not build it. Councilman Ferrell definitely did not subscribe to that viewpoint. He thought they needed some scientific backup for what they were talking about in this issue. Councilman Ferrell referred to affordable housing, impact fees going up, etc., and remarked that sometimes it is easy for those who live here to wish no one else will come here. Councilman Ferrell thought the Code adequately covered the sprinklers with the requirement it imposes now. He thought they were arbitrarily picking a height or story requirement. They were saying they were concerned about the safety of individuals. Councilman Ferrell said they could die just as quickly in a one story building as in a two, three, or four story building. Vice Mayor Zimmerman brought up the fact that it is said wood frame houses are more energy efficient. City Manager Cheney agreed, made other comments, and added that it will cause people to see more wood frame. Councilman Ferrell referred to the letter from the Southern Building Code Congress and pointed out that none of the Officers and Directors were developers but were Building Officials from different areas around the country. The letter was from people in the profession. Vice Mayor zimmerman did not think it was a building question as much as it was a safety question. He did not think it took a scientist to figure out that wood burns more easily and more rapidly than most other building materials, such as brick and concrete block. That was the basis on which he would vote. Councilman Ferrell thought they all agreed on safety but believed there had to be a reasonable approach, and he explained. - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Mr. Howell informed Mayor Cassandra that the Standard Building Code Congress is in 28 States. Mayor Cassandra commented that it was possible that an agreement by these knowledgeable people could be not for specific areas. For example, the environment for Florida could be different than the environment for Colorado, etc. Mayor Cassandra asked if it was not possible that Code would not pertain to this particular environment. Mr. Howell answered that the only part of the Code that would entail certain things would be snow loading for roof systems and possibly the hurricane levels, and he went into detail. The Directors of the Standard Building Code are people like him, who serve as Directors for elected terms The staff is composed of Engineers and Architects. They take into consideration all areas. Mayor Cassandra observed that Mr. Holland said 2% of fires occur in the structures and asked if the objective of the sprinkler system was to put out the fire of the structure or the fire contained withiD the structure. Mr. Holland answered, "The fire cont$ined within the structure." He add:ed that the purpose is to try to confine the fire to either the room where the fire started or the sofa, if it started there. If the fire occurred in the higher percentage area, Mayor Cassandra said the safety of the people in that area would be the highest because the sprinklers would contain that fire in that area. He felt there were two questions here (physical safety and people safety) and thought Mr. Holland implied~that the sprinkler system would contain the fire within the four walls. Mr. Holland again confirmed that was the purpose of the sprinkler system. Councilman Ferrell wondered if it would be unreasonable to get an in-depth study or opinion from people in the pro- fession rather than putting the City staff on the spot. Mayor Cassandra asked how the City would stop people between that time, and he referred to Mahogany Bay and The Landings, who fall into Type Six and have completed buildings and per- mits. He was concerned ~hat if an in-depth study went for three months, the City could have an influx of building permits. .Councilman Fer~ell pointed out that they had one response in 14 days. He thought it would leave the City open to a problem and wondered if it would not be better to wait two to four weeks for some data to go on. Unless they repeal what is in existence by adopting 86-13, Attorney Doney said the State Legislature has wiped out what - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 is on the books now. He informed Mayor Cassandra that any- one applying for a permit would be entitled to whatever the Code says at the moment. There was more discussion. When someone comes in, Mayor Cassandra asked if they get a permit for a building. In the case of Mahogany Bay and The Landings, Mr. Howell said they pulled all of their permits at once. The Meadows pulled their permits by phases. Mayor Cassandra asked if Mr. Howell knew of anything coming up and if they could get permits. Mr. Howell said the BUilding Department is probably running two weeks behind on multiple units. There was more discussion. Councilman Ferrell reiterated that the Council's decision should be based on sound data, or they will leave themselves open. As the law is proposed and assuming it passes, Mayor Cassandra asked if there would be any legalities as far as the City was concerned. If someone did not like it, Attorney Doney answered that they could challenge it. Any Ordinance a City adopts is presumed valid. However, Attorney Doney said the City would have to show that it is relating rationally to the health, safety, and welfare of the residents. One challenging the Ordinance would have to demonstrate that this Code provision, as adopted, does not have that rational basis; there was no reason to pick out two story, Type Six construction, and it is no different than any other type. If the one challenging can prove that, and the City cannot prove that there is a reason to draw the line here and single out this sort of construction, there would be a problem. If the City could justify it and show that this sort of construction is a problem because it is higher, more likely to burn, whatever, Attorney Doney said they could uphold the Ordinance. Mayor Cassandra asked if they could pass the Ordinance, do their research, and come back and get rid of it. Vice Mayor Zimmerman pointed out that they had an Ordinance they were attempting to repeal that has not done the City any harm. If they pass the Ordinance before them now, he felt it could only do good. Vice Mayor Zimmerman asked, "What harm could it do?" There was more discussion. Motion on Ordinance No. 86-12 Councilman Ferrell moved to adopt Ordinance No. 86-12 on second reading. Councilman Hester seconded the motion. A roll call vote on the motion was taken by Mrs. BOroni, as follows: - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Vice Mayor Zimmerman Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. Motion on Ordinance No. 86-13 As written now, Mayor Cassandra reminded the Council that this Ordinance had in it "two stories or greater." He ques- tioned whether they wanted to say "two stories or greater, Type Six". Vice Mayor Zimmerman replied that the Council changed the three stories to two stories at the last meeting, and he moved to adopt Ordinance No. 86-13 on second and final reading. Mayor Cassandra asked for a second to the motion. As there was no response, he passed the gavel to Vice Mayor Zimmerman and seconded the motion. Councilman Hester read all of the information and was of the opinion that they should stay with the Standard Building Code, as far as the height was concerned. He was just as much for safety as anybody else, but thought this would be making an exception, as the Standard Building Code and Southern Building Code are there, and the City follows them. Because the Fire Chief said he was for the Ordinance, Councilman Hester said he would have to vote for it, but he still thought the Standard Building Code was sufficient. Councilwoman Zibelli agreed with Councilman Hester and reiterated his comments. Because of what Fire Chief Rhoden said and what she read from the Fire Marshall, she stated she would have to vote for the Ordinance. Councilman Ferrell would not go along with that reasoning at all. Having been a Policeman, he knew the Police would like barbed wire fences around every house, and he thought Fire Chief Rhoden's comments were meant that way. He was taking the Fire Chief's comments as he thought they were intended. As requested by Vice Mayor zimmerman, Mrs. Boroni took a roll call vote on the motion: Councilman Ferrell Councilman Hester Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Motion carried 4-1. No Aye Aye Aye Aye - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of June 17, 1986 B. Bids 1. Installation of a new power unit and diesel storage tank (Big Molly) - Utilities The Tabulation Committee recommended awarding the bid to Florida Diesel Truck & Industrial Inc., Riviera Beach, Florida, in the amount of $12,571.50. C. Resolutions 1. Proposed Resolution No. 86-HHH Re: Lot Mowing Lien "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES" 2. Proposed Resolution No. 86-III Re: Release of Performance Bond for Congress Lakes, Plat No. 1 (Now known as Catalina Centre) (North of Boynton Canal, West of Congress Avenue) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR CONGRESS LAKES, PLAT NO. 1 (P.U.D.) REPLATTED AS THE CATALINA CENTRE IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST" D. Development Plans None. Consider approval for the placement of a construction trailer in conjunction with the LaPlant Adair project located at West Industrial Avenue, submitted by Mr. Carl Edwards of Standing Seam Systems of Florida, Inc. The Building Department recommended approval of this trailer for the duration of the project. Fe Consider approval for the placement of a construction compound on the Boynton Beach Park of Commerce property consisting of storage trailers and one trailer to be used for office use, submitted by Mr. Anthony Derogatis, Project Manager of Mita Construction Corporation - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 The Building Department recommended approval of these trailers, as outlined in the letter dated May 19, 1986, from Mita Construction Corp., Fort Lauderdale, Florida. Vice Mayor Zimmerman asked why the Construction Corporation could not specify how many trailers. City Manager Cheney thought the reason was that it would depend on how many projects are being built at one time. He gave Hunters Run as an example and went into detail. Vice Mayor Zimmerman believed it was still controllable with the designation being several, and it could not get out of hand. As long as it zs in a compound, City Manager Cheney said it can be fenced off, but it was not to say that individual projects might not come in and want a trailer on their own sites. This was for the overall site development because they are doing all of the roads and drainage. G. Approve authorization to dispose of records - City Clerk's Office In her memo of June 12, 1986, (No. 63), the City Clerk wrote that she received disposal authorization from the State of Florida, Division of Archives. H. Approve Budget Transfers 1. To cover advertising of Planning & Zoning Board public notices with maps 2. Building Department request for funds for microfilming permits & plans I. Youth Advisory Council Membership As stated in the memo of July 1, 1986 from City Manager Cheney, the returning Members should be Tracey Gilbert, Melissa Martens, Elizabeth Tinker, and Tiffany Walker. Elizabeth Tinker and Tiffany Walker are Regular Members, not Auxiliary Members. Approve request for zoning approval for Alcoholic Beverage License 1. Carter Grocery 130 Martin Luther King, Jr. Boulevard Boynton Beach, Florida 33435 By memo of June 2, 1986, Bert Keehr, Deputy Building Official, advised that zoning permits the sale of beer and wine for off premise consumption. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 K. Approval of Bills See List attached. "AGENDA APPROVAL": The following bills were added under 24. PIONEER CONTRACTING Handicapped ramps 25. ERNST & WHINNEY Auditors $18,090.00 3,250.00 Councilman Ferrell to approve the following items of the Consent Agenda: A, B, C, E, F, G, H, I, J, and K, with the addition of the two bills. Councilman Hester seconded the motion. Motion carried 5-0. BIDS None. DEVELOPMENT PLANS None. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING (These were heard after "PUBLIC AUDIENCE") B. Ordinances - 1st Reading: None. C. Resolutions: None. D. Other None. OLD BUSINESS None. NEW BUSINESS A. Update on Growth Management Task Force - Councilman Ferrell Councilman Ferrell reported that at a meeting this after- noon, the Task Force tried to make up a Planning Council. - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 Vice Mayor Zimmerman was also at the meeting. Councilman Ferrell reminded the Council that they had voted not to go along with the Municipal League's position on this. However, between that time and now, the Municipal League came up with another position, which West Palm Beach was in favor of and Boca Raton went along with. Delray Beach indicated they probably will too. Councilman Ferrell found it to be acceptable but said he could not speak for the Council. Councilman Ferrell recommended that the Council show a consensus that they support it. He explained that now the nine members chosen by the municipalities will be chosen by the Municipal League with three being from the three largest cities (West Palm Beach, Boca Raton, and Delray Beach). This will ensure big city representation. The others will be. picked by a cOmbination of districts, which will ensure that 51% of the municipal population will be represented. This means it cannot be loaded with cities like Haverhill, Cloud~Lake, etc. The total representation of those nine have to represent 51% of the municipal population. Councilman Ferrell did not know that there was a final vote on it. It will be presented to the County Commission in final form. There was a great discussion. A lot of people from the South County got up and made the point that Century Village has 15,000 people and should be treated like a municipality. Councilman Ferrell said if they did that, they should just set up the Board with 450 members on it (one from every condominium, one from every city, etc.) and made a few points. For example, Councilman Ferrell told them the people in the municipalities represent 65% of the population of Palm Beach County. Councilman Ferrell said they may want to add in a reapportionment process over the years that would shift a little bit. People in municipalities are paying for services that those people receive and they do not, such as the Sheriff's Department. Neither Councilman Ferrell nor Vice Mayor Zimmerman stayed until the end of the meeting, which went on and on. Councilman Ferrell thought the Municipal League came a long way in coming to a compromise with the large cities. Councilwoman Zibelli asked if it would be voted on. Council- man Ferrell replied, "If the County Commission puts it on the ballot." Councilwoman Zibelli asked if it would usurp any of the City's home rule, as she believes in home rule. City Manager Cheney said of course it would. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 City Manager Cheney used the Evaluation and Appraisal Report for the Comprehensive Plan and the trailer park next to Hypoluxo as examples. The City did not have home rule, and they had home rule. The City's trailer park got into home rule because there was no coordination ability in the County. The City will give up something but, hopefully, they will get a lot more because they will get some common sense in development in the County. There does not seem to be any in the unincorporated area, and City Manager Cheney explained. Councilman Ferrell agreed that the City will give up some- thing, but he pointed out that the City will have input into what the COunty does. Councilwoman Zibelli wanted everyone to know, if they are going to vote on this, that this would be what they were voting on. Councilman Ferrell had to admit today that all of the fighting that has been going on proved that everybody could get together and come up with a solution that was workable for everyone. Supposedly, that will occur in the planning process. If the City does not do this, they may find the State or Treasure Coast will take over control, and the State will be running the whole show. This is an alternative. City Manager Cheney commented that the State can do with the City what it wants, and it is. Growth management is going to be controlled by the State level. Councilman Ferrell felt they should get a letter out tomorrow to the Growth Management Task Force that the City supports its recommendation. Vice Mayor Zimmerman thought a letter might finalize it. B. Zoning - CounCilman Ferrell Councilman Ferrell wanted the Council to direct the City Attorney to follow along with what Boca Raton is going to do. If the Council approves a rezoning on a piece of property, and the developer decides to sell the property, the rezoning will not go with the property. Boca Raton is doing this now. Attorney Doney said his office could look into the legalities of it. There was discussion. If the City could do it, Councilman Ferrell thought they shoUld. Vice Mayor Zimmerman believed there was the possibility of applying the "sunset idea", if an owner of property receives a certain zoning and does not make use of that zoning within a certain length of time. There was more discussion. - 29- MINUTES - REGULAR'CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 ADMINISTRATIVE Reconsider appointment to Building Board of Adjustment and Appeals. Appointment to be made by Councilwoman Dee Zibelli TABLED Councilwoman Zibelli asked that this remain on the table and explained there were problems because Architects have offices in the city but do not live in the city, or else they are on other Boards. She wanted a list of names submitted to her. Mayor Cassandra explained that this spot is to be filled by an Architect. Accept resignation from Gertrude Lubin, Alternate - Community Relations Board - Term expires April, 1987 Vice Mayor Zimmerman moved, seconded by Councilwoman Zibelli, to accept the resignation and to forward a letter of thanks. Motion carried 5-0. Consider replacement to fill above - Councilman Ezell Hester, Jr. Councilman Hester requested that this item be TABLED, and so moved. Councilman Ferrell seconded the motion, and the motion carried 5-0. C. Consider attendance report for: 1. Planning & Zoning Board Mayor Cassandra noted from the report that Norman Gregory, Alternate Member, missed more than three consecutive meetings, that were unexcused. He explained that if a Member misses more than three meetings that are unexcused, that person is removed from the Board. There was discussion. Councilman Hester moved to remove Mr. Gregory as a Member of the Board, due to the rules of the City. Vice Mayor Zimmerman seconded the motion. If there is a possibility that any person would be in a position where he or she would like to serve and attend the meetings, Vice Mayor Zimmerman said perhaps the Council would like to put that person back on a Board if the person would notify the Council. A vote was taken on the motion, and the motion carried 5-0. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 2. Community Appearance Board According to the City Clerk's memo, Councilman Ferrell noticed Mr. Baskin had several.excused absences plus un- excused absences and has never been at the meetings. There were other comments. Councilman Ferrell moved, seconded by Councilman Hester, to remove Mr. Baskin from the Board. Motion carried 5-0. D. Confirmation of Police Pension Board Member Councilman Ferrell moved, seconded by Councilwoman Zibelli, to confirm the appointment of Police Officer James Mahoney to replace Sgt. Raymond Caudell on the Board. Starting in October, City Manager Cheney said the membership on the Fire Pension Board and the Police Pension Board will change. Two Members for each Board will be elected by the employees of the Fire and Police Departments. Two people for each Board will be appointed by the City Council, and they no longer have to be the Mayor and Chief. Those four Members on each Board will select a fifth Member for each Board. City Manager Cheney pointed out that because of the State Legislature, part of the Council's right to have control over the Pension Boards is being taken away. Mayor Cassandra added that they can spend any money they want, and the Council must make sure the Actuary is sound. Approval of Contract with Engineering Firm re Utilities on Boynton Beach Boulevard In the widening of Boynton Beach Boulevard and Congress West, City Manager Cheney said the project is to be done by a private developer. He hired his engineer to design it. It has developed that some utility adjustment will have to be made, which the City must pay for. The City has an agreement with Robert E. Owen and Associates (the Engineer who designed the project and is familiar with it) to do the redesign of the utilities so that they will move as few as possible. The City will pay Robert E. Owen $2,200, as an engineering design fee, to adjust those plans. City Manager Cheney said the City will have to pay for them when Boynton Beach Boulevard gets designed. Vice Mayor Zimmerman asked if it would be the same contractor. In this case, once the plans are changed and the number of things where the City has to make modifications is reduced, - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1986 City Manager Cheney said the City will hire its own contrac- tor because the road contractor is working on a private arrangement with the builder of Boynton Beach Boulevard, who is a developer west of Military Trail. It is very confusing, but the City cannot help it. Mayor Cassandra asked if the County would "kick in" any money. City Manager Cheney answered that it is very clear that all utilities (Florida Power and Light Company, Group W Cable, etc.) are responsible for relocating their own services. Councilman Ferrell moved, seconded by Councilman Hester, to approve the recommendation of City Manager Cheney and to pay Robert E. Owen and Associates the sum of $2,200. Motion carried 5-0. ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 9:57 P. M. ATTEST: h ;/ ~____----~City Clerk Recording Secretary~ (Three Tapes) CITY OF BOYNTON BEACH, FLORIDA Mayor Councilman Councilwoman - 32-