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Minutes 04-07-86MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, APRIL 7, 1986 AT 7:00 P. M. PRESENT Nick Cassandra, Mayor C~rl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Jr., Councilman Dee L. Zibelli, Councilwoman Peter Cheney, City Manager Betty Boroni, City Clerk James Vance, City Attorney Mayor Cassandra called the meeting to order at 7:05 P. M. AGENDA APPROVAL Mayor Cassandra passed the gavel to Vice Mayor Zimmerman and m~de a motion to add "3. WXEL Deed" to the agenda. Council- wQman Zibelli seconded the motion, and the motion carried 4 0, as Councilman Hester had not yet arrived at the meeting. 1. PROPOSED REVENUE BONDS - CITY FACILITIES Recreational Complex Mayor Cassandra read a letter dated April 1, 1986 from Former Councilman Samuel Lamar Wright in which he asked this COuncil to recall the many lengthy deliberations regarding the need for an enclosed recreational complex and urged the Council to move "full speed ahead" to implement all projects which have been on the drawing board for some time. Concerns re $11,000,000 Revenue Bond Issue One of the concerns Mayor Cassandra expressed to City Manager .Cheney was that next year, they may have the loss of General Revenue Sharing funds, and he raised the question that the City may have added exPenditures come up. Due to the referendum of the 6.3 Million Dollars, he said they may not have enough money to put together a complete capital improvement complex because each item is allocated so much money. Mayor Cassandra was concerned about the Civic Center area b~ing razed and built up to a multi-story complex. He also raised questions such as, "Who will pick up the tab for monies expended for the Comprehensive Plan when that comes about?" - 1 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 Summary of Revenue Sharing Receipts City Manager Cheney passed out copies of the Summary and said the City has been gradually recognizing that revenue sharing will disappear. For the current fiscal year, the City budgeted 75% of what they had received last year ($290,480). The current Federal Government estimate for actual receipts this year is $382,189, which means about $100,000 will be carried over in revenue sharing in next year's budget. The assumption has been that 1/4 of this year's revenue sharing will be cut off, at the President's request. It appears that this 1/4 will not be eliminated and that it will probably be in there for the whole year. Therefore, the City will receive the $382,189 the Federal Government estimated it would receive. In some bulletins City Manager Cheney received today, he found out that in spite of what Senator Lawton Chiles had said when Councilman Ferrell and he were in his office two or three weeks ago, he and another Senator are co-authoring a Revenue Sharing Bill which will provide two quarters of revenue sharing for next year. City Manager Cheney advised that the City is at about the same level of revenue sharing in 1986/87 as they are this year, and the City is gradually cutting back on its dependence on revenue sharing. Councilman Hester entered the meeting at 7:12 P. M. 6.3 Million Bond Issue C~ty Manager Cheney said they do not yet have a cost esti- mate on the projects but will have one the first of next w~ek. The City's approach to that up to now has been that the dollars funded, plus any interest earned in the meantime, i~ the maximum of what they will spend. City Manager Cheney hgped to bring to the Council a plan within those dollars, but he could not tell the Council tonight whether that 6 3 Million would be enough or not. ' a] n ~yor Cassandra said his concern was that if they needed ~,000 here or $5,000 there to do a complete job, they may )t have that money because they just allegedly allocated .1,000,000 to pay off the $11,000,000 bonds. The way they ~e going now, City Manager Cheney suggested that they would )t have very much extra money to handle those overages b~fore 1987/88. They have budgeted $550,000 in 1987/88 for s~me adjustments to the Planning, Building and Engineering - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 building in the $11,000,000 or Public Utility charges, and that could be reallocated if they get to that point. City Manager Cheney hoped these questions could be answered in a couple of weeks. If the Council decided to go in the direction the City is going and gave the Financial Advisors that feeling, two weeks from now, City Manager Cheney said the Advisors will not have gone too far down the road. If they do go over the budget, things they would not do would be things like interior furnishings, etc. They would try to do the struc- ture. In two weeks, City Manager Cheney hoped to have an answer and said they would not be too far ahead in the bond issue. Comprehensive Plan t h d. 1 a~ City Manager Cheney and Carmen Annunziato, City Planner, estimated probably about $100,000 in next year's budget. C ty Manager Cheney anticipated this could be absorbed in he General Fund as they continue to have assessed values in he City. He said they will be able to budget the Compre- ~nsive Plan expenditures in two fiscal years because they ) not have to finish the Comprehensive Plan until February, )88 and will be in the 1987/88 budget by then. Mr. ~nunziato Ks initially talking about Consultants and maybe ~other staff person. Civic Center Area Change City Manager Cheney said those changes are protected because of the way the Council now has the Resolution written. The City is going to go ahead to do construction. The first thing an Architect/Planner will do will be to look at the alternative sites for the multi-purpose buildings. City Manager Cheney outlined the specific assignments the Archi- tect will be given to look at for both locations. Rollinq Green Expansion Project City Manager Cheney knew the building that would be put here was of concern to the Council and said it was near N. E. 19th Avenue and Seacrest Boulevard. The material that was put out suggested that the proposed development include both outdoor and indoor facilities and he read what wguld be provided from Attachment 3 of the'Proposals Proposed for the $11,000,000 Revenue Bond Issue. Reference has been made to the building as a gymnasium, and City Manager Cheney emphasized that this is also a multi-purpose building. - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 Rolling Green Elementary Community School City Manager Cheney said this was another project they talked about as a possible site. Congress Avenue Community Park City Manager Cheney said this project would improve the rest of the tennis courts, picnic facilities, etc. He read from Attachment 2 of the Projects Proposed for the Bond Issue and said all of those things have to be more precisely defined. Multi-Purpose Buildings City Manager Cheney gave the Council old sketches of what the Multi-purpose buildings might look like and said the concept was developed by Wallace, Roberts and Todd If they hire ~ new Archite~t, the design will be changed, ~ut the concept is there. If the Council chooses to do the projects on a pay as they go basis, to get to the point of doing all of the projects they talked about, it will take them through 1995 and 1996. He did not include anything on inflation because as inflation goes up, the City's revenue will go up. Community Redevelopment Agency - Underground Utilities Vice Mayor zimmerman told the Council that the placing of underground utilities in the downtown area came up at the last CRA meeting. The various utilities have corresponded with the CRA, and that work will not be done by the utilitigs. They are expecting the City or the CRA to make payment. Vive Mayor zimmerman wondered what thought had been given to fund this. City Manager Cheney said the issue came up at a meeting Dianne Lawes, Executive Director, and Hank Thompson, Chair- man of the CRA had with Dan Shalloway, who is negotiating to do some of that design work. Mike Haygood, Attorney for the CRA, was also there. Because of some of the conversation of the general tax base supporting the downtown, City Manager Cheney assumed that the expensive cost of oin under round f · . g g g Or electricity would be something they would want to fund o~t of the downtown project if possible (either out of Tax Ihcrement Financing revenue supporting a TIF bond issue or oht of a special a~sessment project). C~ty Manager Cheney informed the Council that Attorney H ygood is going to talk to James Vance, City Attorney, to MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 see if they think a special assessment project for under- ground utilities is legal and will fly. Vice Mayor Zimmerman asked what City Manager Cheney meant by "special assessment". City Manager Cheney meant that the properties benefiting by the underground placement of utilities would be the ones that would pay for it over a period of time. For example, if it would cost $2,000 to install them by a 50 foot piece of property, the City would assess that property $2,000, and the property owner would pay it over 10 or 15 years. A special assessment bond issue would be floated by the City, which would be a revenue issue solely supported by those assessments they would collect. City Manager Cheney had asked Mr. Thompson if an Appraiser would conclude that those properties would be increased in value by that amount of money if their utilities went under- ground. Mr. Thompson felt that the values would go up because they would be increasing the aesthetics. Hopefully, City Manager Cheney said the TIF income will build up so it can support the activities of the CRA. If that does not work, they will have to find some other kind of thing. City Manager Cheney felt any increase in the value downtown would obviously benefit the entire City because it increases the tax base, etc. Vice Mayor Zimmerman asked if there was not too much money in the Utilities capital funds to spend. City Manager Cheney responded that they could spend money in the Utilities Fund for any water and sewer improvement but not for elec- tricity. Legally, they could do it, but he strongly recommended against it because they have always taken the position that the Water and Sewer are self-supporting only for the water and sewer district. Some of the water and s~wer lines should be replaced if they replace the sidewalk or pavement on top of them. City Manager Cheney told Vice May~r Zimmerman the City would put TV cameras down to look at them. As this was a public hearing, Mayor Cassandra asked if any- one wished to speak in favor of the bond issue. Woodrow Hay, 427 N. W. Avenue, reported that his son had a heart transplant and is doing great. Mr. Hay works with young people and wanted to know whether the complex will be built. Mayor Cassandra replied that the fund for the bond issue is there. The 3½% tax increase would basically allow the City to float a bond around $11,000,000, which should be - 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 paid off at approximately $1,000,000 a year. The question was whether they wanted to spend the money now, not knowing what the income to the City would be next year. Mayor Cassandra said a question was raised as to whether they want an outdoor/indoor type of facility or just an out- door facility. Some previous Council people thought maybe an outdoor facility with basketball courts, baseball fields, etc. should be there and a centralized multi-recreational center be here. Mayor Cassandra thought the question was where a multi-recreational center would be located. Mr. Hay asked if a decision had been made as far as expand- ing this versus an outdoor on N. E. 17th Avenue. Mayor CaSsandra said the original decision was that 17th Avenue would have this multi-recreational facility, which would be an indoor/ outdoor concept. He thought the term "gym" was originally proposed. Mayor Cassandra assured Mr. Hay that basketball courts would be included. If they go to another outdoor center, Mr. Hay said it will be similar to what they have at-Wilson Recreational Center. Mayor Cassandra thought it would be more basketball courts, tennis courts, and baseball fields. Mr. Hay advised that playing basketball and other sports on outdoor asphalt takes its toll on the young athletes. Wilson Center is well utilized, and that facility will be used by all of the kids in the community. Me. Hay was in favor of an indoor facility and thought a lot m~re advantages would come from having an indoor facility t~an what they have now. City Manager Cheney advised that the gym space would have basketball. C~ty Manager Cheney said the big Federal cuts will affect the county and State much more than the City. The figures w~ll begin to show that they are making some positive moves in the northend of the city to stablilize the housing market a~d home ownership. The City has the largest concentration of single family homes, familie~ with children, and single p~rent families in the north~ It seemed to City Manager Cheney and Charles Frederick, R~creation Director, that it would be better to put this facility with a variety of uses in the northend. City Manager Cheney thought the rest of the city would find it cgnvenient to get to the bigger facility on either Congress Avenue or in this area and felt the transportation facili- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 ties were better south of the Boynton Canal than they were north of the canal. The question of the location of down- town or Congress will be studied. Mr. Hay asked if the cost of that facility had been determined. City Manager Cheney said they are calling it Rolling Green Park Expansion, but it is at N. E. 17th and 19th Avenues. 2.1 Million Dollars have been budgeted. When they get the Architects, citizens input, etc., it will be broken down into specifics. Edward Harris, 1634 N. E. 2nd Court, speaking on behalf of the Parks and Recreation Board, said they have worked many hours discussing this and also had a workshop with the Council on the issue. He felt they should continue with the original plan with the two facilities (one on N. E. 17th and one on Congress). At this point, Mr. Harris thought they were going around in circles. The two sites were put before the Council before, and he thought they should stick with that. Mr. Harris agreed they need the facility on the northend but added that they also need a facility on the westend of the southend. He was born and raised in Boynton Beach. One of his classmates is Coach of the Santaluces Basketball Ream and grew up playing on the outfield court at Wilson Center. Mr. Harris also has a coaching background and stressed that they have to have something better for kids today. He thought a multi-purpose facility in those two old.areas would benefit the young and middle aged as well as the Mr. Harris urged that the Council support what the Parks and ~ecreation Board discussed at the workshop meeting and asked that they proceed in that direction. C f ouncilwoman Zibelli noticed that Mr. Harris suggested a mcility in the southwest and one in the north and asked bout the inner city people. Mr. Harris referred to the chool and conflicts and replied that they cannot wait on he County because they do not know what position the County ight take with the facility centrally located. The biggest roblem with the central location is the school. If they md some directions from the County, Mr. Harris said they c~uld probably foresee something in the city. Councilman Hester had heard no mention of tearing down the Civic Center and asked if it was correct that they want to - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 tear it down. He still thought they were looking after the people in the central area because he was sure they were not going to just tear down the Civic Center but would be remodeling it. If they build the multi-purpose building downtown instead of on Congress, City Manager Cheney asked if they could do it without tearing down the current Civic Center. He thought they would have to tear down the current Civic Center, and they would be obligated to build a new one because they would be without that one for two or three years. Until they do a study, they do not know how it will fit in. City Manager Cheney also suspected that after they get the other projects done, somewhere along the way future Councils will decide to do some improvements on the 23 or 24 year old building. Councilwoman Zibelli asked if there will still be enough parking area near the Civic Center. City Manager Cheney answered that the Congress Avenue building they talked about proposes 634 parking spaces. One of the studies he suggested the Architect/Planner look at is parking, traffic, neighbor- hood impact, etc. Until they do that study, they do not have the answers. When they get to improving the Civic Center, City Manager Cheney said the school situation may have changed, and there may be parking there. They may decide the size of the current Civic Center is reasonable and decide to doubledeck some parking. City Manager Cheney thought it was unfortunate that the City did not buy the land before those condominiums were built. He felt it would be four or five years before they do any major improvements to the current Civic Center, at which time they will have to address parking. Mayor Cassandra told Mr. Harris it seemed more families with children are developing in the north end versus the south end. He disagreed with Mr. Harris that the multi-recreational center should be in the south end and called out the names of developments in the south end, such as Hunters Run, Palm- land Villas, Silver Lake, Golfview Harbor, and Leisureville. Mayor Cassandra said the amount of use needs in that end are completely different than the use needs on this end. Mayor Cassandra did not disagree that the City needs more cultural space, but his concern has been as to where it would be located. Mr. Harris agreed With Mayor Cassandra but pointed out that they cannot project how families will change. - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 Don Fenton, 2556 S. W. 23rd Cranbrook Drive, Silverlake, did not understand the linkage between Federal funds and the utility tax revenue. If they pledge the funds from the utility tax revenue as the purpose of the bond in the bond prospectus, etc., he asked what it would have to do with Federal funding. Mayor Cassandra answered that he was con- cerned for all of the City, not just recreation. He was concerned that the monies they spend for the services of the City might be less. If it is less than the needs for capi- tal improvement, which was taken out of the General Revenue Sharing, it must come from another pot. The utility tax pledged by the Council was for Capital Improvement Programs. If they pledge all of that money away, there is no more money for capital improvement. Betty Thomas, 331 S. W. llth Avenue, Chairman of the Parks and Recreation Board, said their hopes that this package would go through were made known to the Council in January. The Board met twice since their meeting with the Council, and they realize the population of Boynton is growing but the number of dollars is not. What it will cost to build these facilities now will be less than what it will cost to build them in the future. These facilities are needed in Boynton Beach. An article in the Post-Times two Sundays ago mentioned that in the new industrial park coming our way in the future, there will be over 13,000 more people coming into the Boynton area to live. Ms. Thomas stressed that we need to have the types of programs people are looking for. She referred to the cultural programs West Palm Beach has and said this multi-purpose facility would take care of that. Activity areas are needed for the young people in the north end and meeting areas are needed for the more mature people. Ms. Thomas said it is possible WXEL will enlarge its facili- ties, and they would like to be on Congress Avenue where the multi-purpose facility would be. All but one Member of the Parks and Recreation Board were present tonight. They hoped these facilities, which amount to some $13,000,000, can be built and started as soon as possible. Frank Stockton, 2101 S. W. 23rd Court, Member of"the Parks and Recreation Board, appeared as President Elect and Member of the Greater Boynton Beach Chamber of Commerce and stated - 9 - o J MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 that Boynton will continue to grow. He thought this issue would affect more people in the City than any other issue, and the very people that might object to the project may be the ones who end up using it more. Mr. Stockton disagreed with the objection that possibly the fact that the Council put this measure on the ballot last year and it was defeated should be of some constraint. He said this is an entirely different issue. The money is here, the plans are going forward, and unless they get started, they will never get anywhere. The Chamber of Commerce over- whelmingly implored the Council to go forward with the project. Veoletta Wright, 32-D Crossings Circle, said there is a great need for both of these facilities, as she stated at the City Council meeting. The youth in our community are involved in athletic act~ivities. An outdoor facility would not be helping their community because they already have that at Wilson Park. A facility is also needed for the Senior Citizens to keep them busy. Miss Wright did not want to continue to see the youth out on the streets and said their attention should be directed to other things in life so they will have goals to look forward to. She was in favor of both complexes and asked the Council to go forward with both issues concerning the multi-purpose complex. Mayor Cassandra asked if anyone wished to speak against the expenditure. There was no response. THE PUBLIC HEARING WAS CLOSED. The Council had already voted to go with the $11,000,000, so Mayor Cassandra said no motion was needed. Vice Mayor Zimmerman asked how much the facilities would increase the City's operational costs for the Recreation and Parks Department in a year. Naturally, they would come out of tax monies, and he wondered what it would cost to staff and maintain the facilities. City Manager Cheney did not have a number because the facilities have not been designed. City Manager Cheney anticipated a tremendous amount of volunteers would be involved. He was not going to suggest that the building be self supporting. Mayor Cassandra asked how many employees the City now has at the Civic Center. City Manager Cheney answered that people - 10- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 are there who are not just Civic Center type of people. Mr. Frederick estimated that they were looking in the neighbor- hood of from $75,000 to $100,000 a year to operate a center of the type they are talking about at the. Rolling Green Park Center. For the larger facility, they are looking at possi- bly a range of $100,000 to $150,000 a~year as total opera- tional costs. Mr. Frederick emphasized that they were rough figures. The assignment:of the existing staff to those sites and the increase in the volunteer force can save money, plus the combination of reasonable fees and charges. · he budget for the present Civic Center is approximately $200,0010, but~Mr. F~rederick told Mayor Cassandra that it includes several things that do not relate to the Civic Center. Other staff with other assignments are there. It also includes all of the Summer Day Camp and playground · rams. If they would narrow it down to one Center Director, ne. Clerk, and one maintenance person, they would probably ~et down close to the $75,000 to $100,000. Mayor Cassandra felt.the~key to both centers was that they have controlled programs, Counisellors and Teachers. Mr. Frederick said there would be similar expenditures :at simi- lar sites, but you cannot pin it down. He .estimated a maxi- mum of $300,000. City Manager Cheney added that it did not count income. Mr~ Frederick didinot want to say they were not here to serve youth, bu~ he did not want to forget the other people in the community because the facility will be multl-faceted. It will be for everybody, and he told everyone not to lose sight of that. ,or Zimmerman asked if they saw any problem in the continuing the practice of charging fees for a lot of recreational activities. Mr. Frederick replied that ging fees is the trend now. Departments have to charge more for their programs, but they want to be reasonable and ot want to exclude some frlom being able to participate. was discussion. Cassandra did not think there was any discussion that said the City was not going to do this. This has to be concerned about tomorrow and be sure werything is brought out. The Council agreed to go with hie project. 2. CITY AUDIT - 1984-1985 ~ity. Manager Cheney referred the Members to his letter dated april 7, 1986, addressed to the Auditor General, State of Florida. - 11- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 On the way they do monthly or non-monthly procedures, Mayor Cassandra asked if they have enough money to pay principal plus interest from this. Mr. Swann answered that they do. He has a payment due May 1st, and the money to make the payment is in the bank right now. Mr. Swann added that he will have the letter of credit fully funded (which is required to be fully funded on November 1, 1986). Mayor Cassandra commented that it is rather disturbing when there is a page like this in the back of the book implying that something is wrong when in reality they are saying it is not wrong. City Manager Cheney explained that it was a matter of complicated interpretation. The City would like to have the Auditors find nothing, but they do not find very much. The City is not perfect, which is why they have Auditors. City Manager Cheney just wanted the Council to know that the golf course is self-supporting. City Manager Cheney said probably very early in July, they will take a rough look at the golf course in order to make a determination of what it looks like (fees, charges). He stated that the $550 annual permit fee has to be raised, and they need to make that determination by the end of July because letters will be sent out in August to those people who are going to renew next year. They expect the people who are going to renew to renew by August 30th, so they then will have September to write to those people that have wanted to come in before, and they can have the full comple- ment by October 1. City Manager Cheney told the Council to feel free to take the audit book, sit down with Mr. Swann, and talk to him about it. He added that government auditing is not private auditing and that Certified Public Accountants do not know "zilch" about government auditing. It is not what the City should be hiring to do government books. There is a book government agencies go by, which is complicated, and is not conventional language. There is a significant difference. Vacation and Sick Leave City Manager Cheney said there is a limitation on the amount of vacation and sick leave employees may take. A few employees over the years have gone over that, and the City has to resolve this. The City is changing its software system to keep track of that so they can catch it ahead of time. Those the City has allowed to accumulate this leave will be left "as is", and it will cut off now. City Manager - 13- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 Cheney said they will write to everyone and say that it happened, but from now on, there will be no over accumula- tion, and people will have to take their annual leave before they get to the maximum and lose it. Councilwoman Zibelli asked what the maximum is. Mr. Swann replied that it is two years. For example, if it is 15 days a year, an employee may accumulate 30 days. It is just vacation leave, not sick leave, and is based upon how many years a person has been employed by the City. 3. WXEL Deed Mayor Cassandra had not signed the deed and drew attention to what seemed to be a restriction. City Attorney Vance advised that the City originally prepared a reverter clause, and the Attorneys representing WXEL discussed it with WXEL. City Manager Cheney interrupted to say that all of the discussions with WXEL had been to clarify the City's offer to them, and it was not indicated that they had accepted the offer. City Attorney Vance continued that WXEL indicated they anticipate that some time in the future, they might apply for a loan from a commercial bank or commercial lending institution. They also indicated that if there was a reverter clause, they would not be able to borrow money from a commercial loan source, which City Attorney Vance agreed was true. City Attorney Vance said some alternatives were discussed with WXEL, and they arrived at a suggestion of a covenant in the form of a deed restriction which would require that they continue to operate the property as a non-profit educational public broadcasting facility. City Attorney Vance's office insisted that if this approach was used, WXEL must adopt a esolution accepting the restrictive covenant. They agreed to do this. P d d i s t o rior to the City Council meeting, City Attorney Vance rafted a memorandum to the City Manager to go with this eed. If they go with the restrictive covenant and assuming t should be violated, the City will have the right to file uit for an injunction or damages. The damages would be he value of the land. With a reverter clause, a reverter lause is automatic except City Attorney Vance never knew of ne that was exercised without a lawsuit and said the City would have to file a declaratory decree even if somebody violated the reverter clause. - 14 - MINUTES - SPECIAL CITY COUNCIL MEETING BQYNTON BEACH, FLORIDA APRIL 7, 1986 Mayor Cassandra called City Attorney Vance's office and was told WXEL does not have to follow the covenant. They can sell to another channel, go public, and make a profit. To get the land back, the City may still have to sue. At that time, WXEL would have to give the face value of the land. City Attorney Vance said the City could ask for an injunction prohibiting them from selling the land to another channel and making a use that would violate the covenant, and/or ask for damages. There was more discussion. In case they would have to go for a suit, Councilman Ferrell asked if both recourses would be equally as strong. City Attorney Vance answered it would depend on what the City would want. With the reverter clause, the City would get the land back PERIOD. City Attorney Vance ibelieved the covenant with a Resolution and proper minutes, which they will receive from WXEL accepting the covenant, will give them the right to go for injunctive relief, prohibiting them from doing whatever was violating it, or damages for the land. City Manager Cheney added that they could also, in the injunctive relief, say the purpose of this was public tele- vision. The City does not want damages but wants the land. If they cannot use it for anything but public television, it would be of no value to them. There was more discussion. ity Manager Cheney said the City Attorney did get WXEL to ive them a side agreement pending the construction date, so if sometime between now and the actual construction they decide to walk away from the project, the City will get the  and back if construction is not started by December 31, 988. Councilman Ferrell was willing to sign the deed, based on the fact that their legal recourses seem to be about the same. Vice Mayor Zimmerman did not believe the covenant covered public television broadcasting but thought it was public comunication and broadcasting, which may be entirely [ adio. City Attorney Vance advised that it was as broad as hey could get it. ~here was more discussion. The ~ouncil Members signed the deed. There being no further business to come before the Council, the meeting properly adjourned at 8:40 P. M. *Should be Mayor Cassandra. See 4/15/86 Minutes. - 15 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1986 ATTEST: City Clerk ( Two Tapes ) ~ CITY OF BOYN~E~AC~{ - ~ Vice Mayor  -uncilman ~~~cilman 2ouncilman - 16 -