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Minutes 10-04-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 4, 1983 PRESENT James R. Warnke, Mayor Carl Zimmerman, Vice Mayor Nick Cassandra, Councilman Joe deLong, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Warnke welcomed everyone and called the meeting to order at 7:30 P. M. The Invocation was given by Father John Block, St. Mark's Catholic Church, followed by the Pledge of Allegiance to the Flag led by Councilman Nick Cassandra. AGENDA APPROVAL Under "IX. LEGAL, D. Other", Councilman deLong added "5", saying he had a question. For discussion purposes, Council- man Cassandra wished to pull out item "E. 4)" from the Consent Agenda. City Manager Cheney added three bills under "F. Approval of Bills", as follows: 1. Myre Fairway Golf Course Construction Co., Inc. (our prime contract on the golf course) 2. I.B.M. Corporation - Model 60 Copier III 3. Delray Nursery & Landscape, Inc. (Small Business Administration Grant) $22,099.81 1,522.11 14,185.00 Mr. Cheney informed the Council, relative to bill ~3, this is the company that has been planting trees on Congress, Ocean Parkway, and Woolbright that is paid for by Federal funds. Under "IX. LEGAL, C, Resolutions, 3," Vice Mayor Zimmerman noted that the backup material says Sky Lake Plat III. City Manager Cheney advised it should be III, not II as shown on the Agenda. Councilman deLong moved the adoption of the Agenda with the additions and corrections, seconded by Councilman Cassandra. Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke announced that there will be a Special City Council Meeting on October 17, 1983 at 7:30 P. M. in Chambers. Mayor Warnke also announced that the Police Department has designated as Officer of the Year, David Nissensohn, and the Fire Department designated as their Fireman of the Year, Robert J. Brown. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 It was with regret Mayor Warnke announced that last week the City heard of the passing of Ward Cummings, one of the persons who has done so much for our City over the years. Mayor Warnke expressed that the City regretted very much seeing Mr. Cummings go. Mayor Warnke informed everyone that the Seacrest Boulevard Widening was approved in concept by the Technical Advisory Committee of the Metropolitan Planning Organization to go on the 2000 year plan. Mayor Warnke was asked to announce that everyone celebrate the golden past and rejoice in their future in Palm Beach Junior College's 50th Anniversary 1983/1984. Mayor Warnke further announced that the First Annual Open Ho~se of the Boynton Beach Fire Department, 150 N. E. 2nd Avenue, will be during Fire Prevention Week, October 10 through the 14th, 1983. They have different times during th~ day when the public can come and view the Fire Depart- meht's equipment. PROCLAMATIONS Mayor Warnke proclaimed the following: a) National Business Women's Week - October 16 thru October 22, 1983 b) Firefighter Memorial Sunday & Fire Prevention Week, October 9 thru October 14, 1983 c) Golden Anniversary Celebration of Palm Beach Junior College - Week of October 17, 1983 d) United Nations Day - October 24, 1983 e) National Head Start Awareness Month - October, 1983 With regard to National Head Start Awareness Month, Mayor Warnke recognized the presence of Mrs. Lena Rahming, who was present tonight and very involved in Head Start. If any one had any questions, Mayor Warnke said Mrs. Rahming could answer them. Councilman Wright added that several of the He~d Start parents were also present. Mayor Warnke praised MrS. Rahming for doing a good job. He felt Head Start was ve y appropriate to our community. Mayor Warnke acknowledged the presence of Former Mayor Walter "Marty" Trauger and Mrs. Trauger in the audience. MINUTES Regular City Council Meeting Minutes of September 20, 1983 Councilman Cassandra moved to accept the Minutes, seconded by Vice Mayor Zimmerman. Motion carried 4-0. As he was not - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 present at the meeting of September 20, 1983, Councilman Wright abstained from voting. Public Hearing 1983/84 Budget Meeting Minutes - September 19, 1983 Councilman deLong moved to adopt the Minutes, seconded by Councilman Cassandra. Motion carried 5-0. CITY MANAGER'S REPORT City Manager Cheney distributed a report to the Council of some of the activities going on in the City and said he would try to keep this kind of list up-to-date so people will knOw what the City is doing, planning for, and have originally completed. He grouped the activities into five groups, the first one being "Current ongoing community-wide activities." C%ty Manager reported that the City is actively involved in planning~ for the next G.A.L.A. activity in March, the Black Awareness Program, and the Christmas Parade. Under "Group B, Current ongoing special activities," Citv Manager Cheney wanted to remind people that the Community R~development Agency is developing plans for the central bUsiness district. The City is involved in the study and rewriting of the new City Zoning Ordinance, developing plans for the use of the 2~ gas tax proceeds in 1983/1984, and is still completing the final details of the 1983/1984 budget. U~der "Current special projects" was Municipal Golf Course construction and planning for the beginning of operations, and City Manager Cheney reported that initial planting took place today at the golf course. He believed eight or nine of the greens were planted. As everyone knew, City Manager Cheney said the City is involved in Utility expansion and Pistol Range development. He thought people would find the new drainage projects are working well. Street resurfacing is supposed to be finished this year. The City ~s doing some sewer line replacement in the north end and just finished the Woolbright Road sidewalk by the cemetery. City Manager Cheney reported on the projects about to begin and said a picture of the beach renovation project is in the lobby. The City anticipates it will be under construction of the beach renovation in early January. He explained it is a 7 to 9 months' project, and there is no way the City can avoid construction during the busy season. It will be done in phases. It is necessary that the City goes on in these projects in spite of the fact that part of the timing is during the busy season. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Review of the City's Master Plan will be started very soon and development of the Capital Improvements Program. With the new budget, the City will be working on development of the City Nursery. The Community Redevelopment Agency is in the process of developing a Tax Increment Financing propo- sal. City Manager Cheney further reported that the Council will soon be presented with a couple of projects they are con- cerned about. One is the roadway and utilities to the VFW property, as well as utilities in N. W. 8th Avenue just up to Boynton Beach Beach Boulevard. C~ty Manager Cheney also advised that the City just com- pleted the funding application for the renovation of Boat R~mp Park and hopes to take some of the City money and end up with approximately a $400,000 budget in Boat Ramp Park by using a couple of funding sources from the State. Also, City Manager Cheney reported the City just finished the tree planting program on Congress Avenue, Ocean Pakkway, and Woolbright Road. PUBLIC AUDIENCE Mayor Warnke said if anyone wished to speak on any item that i~ not on the Agenda, they were free to come forward at this time. If they wished to speak on any item that is on the Agenda, they should leave their names with the City Clerk, and they would be called upon at that time. Wilda Searcy, 402 N. E. 13th Avenue, Boynton Beach, asked the Council if they respond to letters or oral conversation. She was referring to some problems she brought to the Council. Mayor Warnke was sure the Council responded either orally or written. Mrs. Searcy had not received any re- sponses and continued by saying she came to the Council Meeting on January 4, 1983, and introduced herself to the Council. On March 15, 1983, she drafted a letter seeking improvement for her immediate neighborhood. April 5, 1983, Mrs. Searcy asked the Council regarding a letter and received no reply. On April 29, 1983, Mrs. Searcy addressed a letter, which was read to the Council on May 3, 1983, re~arding a Police Officer of Boynton Beach (Officer Panuci) using harrassing language, and she received no reply. On May 31, 1983, a letter was sent to Mayor James R. Warnke. No reply. On July 28, 1983, Mrs. Searcy sent a postal card to Councilman Wright. No reply. Mrs. Searcy asked if someone would respond and if she would get a written response from Council. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Obviously, City Manager did not recall all of the specifics of Mrs. Searcy's list of items. By discussing some of them with City employees, City Manager Cheney said Mrs. Searcy had some responses. He believed some may be items which might not be responsive in regard to the Council meetings. City Manager Cheney knew Mrs. Searcy had discussions and some kind of response from State Officials. He also knew she had talked a~out a number of these items with representa- tives of other agencies. City Manager Cheney thought there had been responses to m~st of the items but said he would have to review them, categorize them, and list them. M~yor Warnke believed one of the items was the opening up o~ 3rd Street and cutting that through, which he had talked tQ Mrs. Searcy about over the phone. Mayor Warnke also talked to City Manager Cheney about that and informed Mrs. Searcy that at the present time, they have no plans to open 3rd Street up as a thoroughfare. Mrs. Searcy asked if it could be rehabilitated in some way. Mayor Warnke replied it was a hard question to answer "off the cuff." Mrs. Searcy reiterated that she has not had a response from the Council or the Police Department. Mayor Cheney advised that the Police Department matter is not within the confines of the Council. It is strictly outside of the Council. Co Co th Se th Se an an th Ch Ma Ci sp Wo pr th Th Co uncilman Wright suggested they write a letter to the Florida mmission on Human Relations. Mayor Warnke informed him ey have been advised and have had conversations with Mrs. arcy. City Manager Cheney believed the representative of at agency asked Mrs. Searcy to respond to them. Mrs. arcy responded since she had been to the Council twice, has not received an answer and has not even talked to Fone. Councilman Wright wanted the City Manager to get Council a report as to the status of that. City Manager ~ney informed Mayor Warnke he had Mrs. Searcy's list. ~or Warnke promised that the Council will answer each one. .y Manager Cheney advised that Mrs. Searcy had some re- ~nses. She talked to Mr. Charles Frederick and the Lake ~th Drainage District. Although City Manager Cheney will Dvide Mrs. Searcy with a response, he wanted to point out ~t the issues raised have not gone unaddressed to her. ~re may not have been a formal response from the City ~ncil, but Mrs. Searcy's items have not been ignored. CoUncilman deLong moved that City Manager Cheney follow up on.Mrs. Searcy's letters, etc., seconded by Mr. Cassandra. Mo~ion carried 5-0. - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 CONSENT AGENDA A. Approve request for Cemetery Refund Block S, Lot 529 B Leona E. Aver requested a refund of the purchase price of $225 less $45 (20%), or $180. B. Approve request for permission to use one (1) temporary sales center trailer - Congress Lakes, Plat I - Congress Avenue and 22nd Avenue The Building Department recommended the trailer be situated at this location for the duration of the building project. Ce Approve and authorize for payment Change Orders 4 & 5 for Boynton Beach Municipal Golf Course Councilman Cassandra did not know what he was approving because the form for Change Orders was different. City Manager Cheney explained that Change Order 4 was for a variety of small items relative to the golf course such as increasing the size of the fence so they can put barbwire on top and changing the gate arrangement. Minor as they may be, City Manager Cheney said vandalism has caused them to rethink the gating arrangement of the golf course and required a number of the items listed. Ch th me bu kn Ma wi se we ange Order 5 is for the removal of trees in the easement e City is getting from Parkwalk. The City got the ease- at for nothing, so they had to go in and remove trees and rn them. Some of the trees were a result of some trees ocked down with vandalism at the golf course. City nager Cheney thought the vandalism problem had been solved th the gate system almost completed, and they are having ~urity people at the golf course in the evenings and on ekends until they have more activity out there and until thm gate is completeIy closed off. City Manager Cheney promised that the Council will get the standard Change Orders in the future. De Approval of emergency sole source purchase for golf maintenance equipment Ee Ratification of South Central Regional Wastewater Treat- ment and Disposal Board Action of September 26, 1983: 1) Amending Administrative Director to read Executive Director. 2) Adopt and approve a Plant Operating Budget for 1983/84 3) Increase the wholesale sewer user charge - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 F. Approval of Bills See list attached with addition of thr(e bills shown on the Memorandum dated October 4, 1983. Councilman deLong moved to approve the presented by the City Manager with the Memorandum of October 4, 1983 and omitt discussion. Councilman Cassandra secon Motion carried 5-0. 4) Authorize Russell and Axon to co engineering specifications to in capacity as recommended in their Councilman Cassandra knew Boynton Beach go through motions of approving what th already passed. His concern was that t Russell and Axon a contract where the C much it is going to cost. It has not b Minutes. All they know is it is going 18 Million Dollars, but he thought Russ shQuld be told. Councilman Cassandra h number given to him. He said around $4 wo~ld be Russell and Axon's fee for eng te~ance,.recommendations, etc. Councill before approving anything, the Council is. Councilman. Cassandra also knew that the approved the bid or comPetition concept Councilman Cassandra thought contracts involving such an amount of money shoul far as bids are concerned. Councilman Wright moved for the ratific. Ceptral Regional Wastewater Treatment al Action of September 26, 1983 to authori to commence work on engineering specifi, the plant capacity as recommended in th, 1983. Vice Mayor Zimmerman seconded th~ On this particular item, City Manager C] es'~imate is $13,000,000 or $6,500,000 p, Wa~nke also had deep concerns about thi: at the Sewer Board meeting. He was inf~ ou~ for bids on this. Mayor Warnke exp~ up:~et him. You go out for Q and E, whi~ an~! experience, and choose the Engineer Bo~h City Manager Cheney and Mayor Warn] un~er State law. - 7 - ~onsent Agenda as additions in his ing item "E, 4) for ~ed the motion. .mmence work on crease the plant report of July, 1983 and Delray had to ~ Sewer Board had ney are giving ty does not know how ~en mentioned in the to be approximately ~11 and Axon's fees ~d an approximate 0,000 plus or minus neering, main- ~an Cassandra thought ~hould know what that Board has already In the future, . )f such a nature be considered as tion of the South ~d Disposal Board's ~e Russell and Axon ~ations to increase ~ir report of July, motion. eney said the ~r City. Mayor ~ and brought it up )rmed you do not go ~essed that this :h is qualifications to handle it. [e advised that is REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Councilman deLong affirmed that EPA subsidy is out, so the entire burden of the cost will rest on both of the cities. He asked what the nature of payments would be and how high they would be. Councilman deLong also questioned whether the revenue from the plant would be sufficient to retire the amount of indebtedness. City Manager Cheney replied that the Board authorized the other night that Russell and Axon should proceed as the Design Engineer, and asked that R&A come back with a pro- posed contract for design, which would include the amount of money for the design fee. R&A will now work and develop a p~oposal for the design fee and at the next Regional Board ~eeting will propose that fee. Then the Board will decide to accept the fee, or they will not accept it, City M~nager Cheney said the City will not know whats° the fee is until R&A comes back with a specific amount of money. The State law, as it now stands for selection of Engineers, A~chitects, Landscape Architects, and Surveyors, does re- quire that you open up the door. City Manager Cheney r~ferred to selecting an Architect for the golf course as an example. He repeated the State law says you open up the d~or for people to indicate an interest in being your Architect or Engineer. You then review those people without d~scussion about price for their services. (The State law says that.) You then sit down and decide which Engineer you like the best. You rate them (1, 2, 3), and then you nego- tiate a design fee with ~1. If you cannot successfully negotiate a design fee with ~1, you put him aside and go to ~2, #3, etc. City Manager Cheney guessed about 1-1/2 years ago or two, the Regional Sewer Board decided before they went ahead with any expansion of the sewer plant, they would interview Engineers. They put out a request for proposals, and City Manager Cheney thought six or eight Engineers indicated an interest in working on the expansion of the sewer plant. At that time, the Board interviewed three or four of those Engineers. Those three or four Engineers presented their ca~abilities, not prices, in accordance with the Statute. Ou~ of that process, #1 (which was Russell and Axon) was chbsen. Th~ Board then authorized Russell and Axon to begin the first phase of expansion. That was the ii~ stablilization prbject and some things they have been talking about. That was to be the first step of the expansion process They al~o authorized Russell and Axon to pre~are an application to EPA in the event that there were EPA or Federal funds. There was an agreement at that time tha~ regardless of what money was spent in that application process, a fee of - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 $20,000 (City Manager Cheney believed) would be credited toward the future design if the work is to be a future design. City Manager Cheney told the Council if they choose to redo that, then they will go back to where they were before, and it is not until they select #1 that they begin to negotiate a price. He suspected that all of the prices for engineer- ing would be about the same because they all follow standard engineering designs. With the Council's action tonight, City Manager Cheney advised the Council they would not be signing a blank check. At the next Sewer Board Meeting, they will get a specific contract amount from R&A that they can reject or accept. As to Councilman DeLong's question about payments, City Manager Cheney said the fee they pay to the Sewer Board, which has been 40~ per 1,000 gallons and will soon be 48.5~ per 1,000 gallons does not pay for the design and expansion of the plant. That pays for the operation of the plant. As in the past, the original construction of the plant and the capital costs of the plant is paid 50/50 by Delray Beach and Boynton Beach. Our share estimated the loan to be $6,500,000. City Manager Cheney said we will not know if it is $6,500,000 until they have a design, go to bid, and have a contract. Ail they have to rely on is that, in general, a plant of this size, kind, type of engineering and treatment (which in the City's case is going to be equalization tanks and new head walk) will be estimated at about $13,000,000. That is the best estimate engineering firms can give, based on past experience, engineering cost estimates, etc. If we pay $6,500,000, how will we pay for it? City Manager Ch~ney told the Council the City will float a bond issue. That bond issue will be legally and basically supported by th~ growth of the system as we have more customers and they pay more fees. The more fees and sewer rates, the more we will estimate to pay for the bond issue. In another three or four weeks, City Manager Cheney said he would have for presentation to the Council (hopefully, at a Special Meeting) the whole funding proposal as to how not only the sewer plant expansion, the water plant expansion, and refunding of our existing utility plant is seen. It will all be put together in front of the Council at a subsequent meeting. Whatever the Council decides tonight, it does not mean they cannot redecide later on. In addition, as they will see at the Special Meeting, City Manager Cheney told the Council, the support for that - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 increased bond issue will be from the rates and the addi- tional customers to the system. Later on the Agenda tonight, City Manager Cheney advised an increase in the capital facility charges is being proposed which, if they come in and when they come in with growth, will pay off that bond issue. Technically, City Manager Cheney said they are pledging sewer rates to pay off the bond issue. He thought in a few weeks, they could show the Council that the bond issue pay off will be related to the revenue from new customers and that it will not be directly related to increased Utility rates. City Manager Cheney clarified that was not to say that utility rates though now increased related somewhat to the cost of the treatment and the cost of annual operation. City Manager Cheney anticipated the cost of operation will go up with inflation and that utility rates will go up accordingly. City Manager Cheney continued by saying that if the Council concurred with what the Sewer Board did last week, he could assure them that the decision they make tonight is not an end of the road decision. The Council will not be making a co]m~itment to R&A's specific design dollars or to $6,500,000 of bonds. On the other hand, if the Council does not apl)rove this, City Manager Cheney told the Council then they wo~]ld kind of be "at the end of the road." If they do not sa, T to R&A that the City wants them to think about this deiign, R&A is not going to come forth and give a design. Ci:y Manager Cheney said the Council was not ending the is:~ue right here either. He reiterated that they were not mailing a decision that was not unchangable. It appeared to Councilman deLong that what they were depend- ing upon, in a large measure, is the service the City is going to provide to the west. When the Council signs these agreements, they are saying in the event the City has a s~6rtage of water, they will be cut off. Councilman deLong said that will eliminate the return from the west. He believed it was going to be a $15,000,000 bond issue or revenue certificate issue. Councilman deLong also believed thgy were figuring $7,500,000, but it could be more because they have not received the usual change orders which boost it up. If the City has to assume whatever portion "half" is, Councilman deLong asked where the City stands insofar as the amount of revenue certificates they have outstanding at the present, otime' and how will that affect the City's credit ra~lng in the market added to what the City has at the Present time and what it intends to get. He asked if the Ci~y~ is in the market to be able to go ahead. Mayor Warnke requested City Manager Cheney to think about hi~ reply, as there is a Public Hearing at 8:00 P. M. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Councilman deLong moved to suspend with the regular order of business and go into public hearing. Councilman Wright seconded the motion, and the motion carried 5-0. PUBLIC HEARING - 8:00 P. M. ae Approve request for amendment to Future Land Use Element of the Comprehensive Plan submitted by Alan Ciklin, Esq. to show annexed property as Moderate Density Residential and to rezone from AG (Agricultural District to Planned Unit Development with a Land Use Intensity = 4.00 (PUD w/LUI = 4.00). This proposed PUD provides for the construction of 1005 residential units and 3.1 acres of neighborhood commercial uses ........... TABLED Bm Approve request for annexation submitted by Alan Ciklin, Esq. providing for the annexation of a 154.36 acre tract of land located on the west side of Congress Avenue, west of Dos Lagos PUD, south of Meadows 300 PUD, north of Congress Lakes PUD and between Lake Worth Drainage Canals 920 and 21 ............ TABLED Mayor Warnke noted that "A" tied in with "B". City Attorney VaDce advised it should remain on the table. Councilman deLong moved that the question remain on the table, seconded by Vice Mayor Zimmerman. Motion carried 5-0. Ce Approve request for variance from subdivision and platting regulations for the Town Club of Boynton Beach Just before the meeting started, City Attorney Vance was handed some title information and, obviously, did not have a chance to review it. He recommended that the matter be postponed until the next regular meeting. Councilman Wright moved, seconded by Vice Mayor Zimmerman, to postpone item "C" for the variance on the Town Club of Boynton Beach until the meeting of October 18, 1983. No discussion. Motion carried 5-0. Councilman Wright moved to revert back to the regular order of business, seconded by Councilman Cassandra. Motion carried 5-0. Ee 4) Authorize Russell and Axon to commence work on engineering specifications to increase the plant capacity as recommended in their report of July, 1983 (CONTINUED) Au ~he¥ review these things, City Manager Cheney said at the same time they try to do things within the staff and - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 with our advisors to get to the Council, he hoped, in late October or early November a full-fledged financial report and projection at a time well ahead of any final commitments on the part of the Council of where the City stands. City Manager Cheney said they try to keep the Financial Advisors up-to-date as to the variety of alternatives the Council is discussing relative to expansion or no expansion, expansion of the water system or not, expansion of the sanitary system or not, and what all that means. City Manager Cheney told the Council their last review of this made some assumptions, which George Bland and Arnold Schneider are looking at. They are assuming that they want to refund their current $15,000,000 in debt. It sounds complicated, but City Manager Cheney thought they could p~esent a report to the Council. It persuaded him, and City Manager Chen~y thought it could persuade the Council that it is a good idea. Councilman deLong asked if the City was going to refund its outstanding revenue certificates' issue. He questioned how it stands with the present rates the City is receiving and what the City will receive in the future. In another City, Councilman deLong commented that they saved $250,000 in interest rates. City Manager Cheney replied that they think they can reduce the City's effective outstanding bond issue and debt service by about 20%, take the money on the refunding, and reinvest it into special Federal notes. That is legitimate, works out, and sets that $15,000,000 aside, and now we have $12,000,000. He wanted the Council not to get into that in depth until they have the presentation. City Manager Cheney added that they are assuming they may be talking about $18,000,000 in new money. Maybe they are talking $11,000,000 in water and $7,000,000 in sewer. Those figures may go down; they may go up, but you have to stop some place. When they make the presentation, City Manager Ch~ney said the Council will be shown some figures, and they can decide whether it makes sense or not. City Manager Cheney assured the Council the issue before them does not bind them to a direction they cannot back out of if they decide to, but it does put some things in motion that makes some of this financial planning a little more realistic instead of a bunch of assumptions. Councilman deLong asked if this engineering included the "up front" money of $5,000 that was approved. City Manager Ch~ney answered, "Not in what we are talking about here in th~s particular motion, but it is included in our City budget." - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 The way Councilman Cassandra understood it, City Manager Cheny was saying they want the City of Boynton Beach to authorize for Russell and Axon to do a design specification of "X" dollars. When Councilman Cassandra read the minutes, they did not reflect the dollar charge. He read from the "RATIFICATION", as follows: "WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on September 26, 1983, by a vote of 8-0 authorize Russell and Axon, Consulting Engineers, to commence work on engineering specifications to increase the plant capacity." Councilman Cassandra commented that they already did an engineering study telling the City it is going to cost so much money. They went through plans and said which plan the City should have and gave a diagram. Now Councilman Cassandra pointed out, City Manager Cheney is saying what makes up these individual blocks is what the Council is going to OK right now. In other words, Councilman deLong sa d Counczlman Cassandra wants to know if we are voting for a blank check. City Manager Cheney replied they are not voting for a blank check. What the Sewer Board asked the Council to do before was take a look at alternatives to plant expansion. He thought the Council gave them $20,000, which is a lot of money but not much when you are looking at 35 alternative plant expansions. City Manager Cheney informed the Council that R~ssell and Axon looked at 35 plant expansions and in a cur- sqry way, without any design involved, on ball park figures based on experience and other jobs, said of these 35 ways of plant expansion, you have to look at two things: capital construction costs in general and annual operating costs in general. Then you combine what is the most effective expan- sion program when you compare capital and operating and annualize those things at the current annual rate. They concluded, along with both of the City's Utility Directors, one of the ways to go. No on im th ye St fo If St t~ t~ ~ the City is saying to them, "We want you to design this s, which we think is the most cost effective for our ~ediate needs." City Manager Cheney reminded the Council ~y are talking about needs for the next three or four ars while the City goes through some studies with the ate and Federal Government on alternatives to treatment ~ ocean outfall, which is a two or three year away project. what the City thinks makes sense is accepted by the ~te and the Federal Government, City Manager Cheney stated ~y think the City will save many millions of dollars in ~ future. - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 To solve the City's immediate program, City Manager Cheney said they are talking about a relatively simple program of equalizing the treatment of the unequal flow that comes to the plant. The City would like to store that stuff that comes down there and treat it equally throughout 24 hours a day. That is what they are talking about when they are talking about equalization tanks. The City did not design that but it is now saying to the Engineers, "We think that is the way to go. We are now authorizing you to design that." City Manager Cheney admitted to Councilman Cassandra he did not read the Minutes. His recollection was the City has not si~ Mi co: Bo sa wi ~ned a contract with Russell and Axon, and he recalled It Hallman saying he would prepare the details of a design %tract, which will come back to the Board and which the ~rd will specifically look at and sign. City Manager Cheney id they would certainly need to have a signed contract with ~sell and Axon, and he commented R&A will not do much work :hout a signed contract. Councilman Cassandra asked if they had a figure of what they were signing now. City Manager Cheney answered that there arB no dollars and cents for what they were signing now. WhRt they will do as a Board Member will authorize the exe- cution of the design agreement with dollars and cents attached to it in a week or two. All Russell and Axon will do now is come back to the Council with a proposed contract. Mr. Jim Suddarth, Southeast Florida Area Manager, Russell and Axon, 110 East Atlantic Avenue, Delray Beach, thought, basicallY, this is just backing up the Board's action say- in~ they want Russell and Axon to do this work. Mr. Suddarth told the Council they did not know what the price is yet but will come back to the Council with a price. Councilman Cassandra stated that what Russell and Axon is going to do now is come back with a price. He asked if they would charge the City for the work they are going to do about the price they will give the City. Mr. Suddarth replied, "No." City Manager Cheney affirmed that there is no charge for them to come back with a proposed contract for design. There was discusssion about when Russell and Axon asked for $2~500 more because they needed more time for engineering work and whether it was in connection with litigation. At the Sewer Board Meeting of September 26, Mayor Warnke informed Councilman Cassandra that the motion was to authorize the Consulting Engineers to commence work on engineering specifications to increase the plant capacity - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 to 18,000,000 gallons a day. Councilman deLong added that the Members of this Council voted in favor of this because it was an 8-0 vote. Mayor Warnke repeated that the motion was to authorize Russell and Axon to commence work on engineering specifi- cations to increase the plant capacity as recommended in their report of July, 1983. That will ratify the action of the South Central Regional Wastewater and Disposal Board of September 26, 1983. A vote was taken on the motion, and the motion carried 5-0. As Vice Mayor Zimmerman understood it, the expansion is on a 50/50 basis. Each City will get half of the increased capacity. At a later expansion, they might agree on a 1/3 - 2/3 basis, and the cost could be split that way. At this time, the capacity was needed by both cities on an equal basis. Mayor Warnke brought that up at the meeting. For the record, he said the present expansion is necessary by both cities almost completely. Any future major expansion wquld be based on what each city asked for their share. For example, if Boynton asked for "X" number and Delray asked for another "X" number, that cost could be split between the two cities on the amount they asked for, but this present one is almost an emergency procedure, and it is necessary for both cities to have the full amount. City Manager Cheney advised they are going to go 50/50 even though, at the moment, Delray is using more of the capacity than Boynton Beach is. About three years ago, it was Boynton Beach which urged consideration of expansion with some reluctance from Delray Beach because Boynton Beach could see the need down the road. DEVELOPMENT PLANS Nome. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING None. Ordinances - 1st Reading: Proposed Ordinance No. 83-31 Re: Amendment to Handicapped Section to City's Building Code City Attorney Vance read proposed Ordinance No. 83-31 by title only, on first reading: - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 - BUILDING, HOUSING, AND CONSTRUCTION REGULATIONS, ARTICLE I. IN GENERAL, OF THE 'CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA,' TO ADD A NEW SEC- TION 5-5, REQUIRING INSTALLATION OF ONE 36 INCH WIDE DOOR IN AT LEAST ONE BATHROOM IN EACH SINGLE FAMILY AND DUPLEX RESIDENCE IN THE CITY; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman Wright moved the adoption of proposed Ordinance 83-31. Councilman deLong asked that the letter received from the Florida Atlantic Builder's Association be a matter of public record. Mayor Warnke thought it would be appropri- ate at the second reading, as part of the Public Audience. Vice Mayor Zimmerman seconded the motion. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 83-32 Fees Re: Increasing Building Permit City Attorney Vance read proposed Ordinance No. 83-32 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 5.2, SUBSECTION 107.4 (SCHEDULE OF PERMIT FEES), OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR SAVINGS CLAUSE, REPEALING PROVISION,'AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 83-32 on first reading, seconded by Councilman Cassandra. City Manager Cheney pointed out to the audience that all of these current ordinances being read are Building Code related Ordinances, which will be heard at Public Hearing at the next meeting. They are all proposing a 30% increase in the City's building construction fees (building, electrical, plumbing, and mechanical permits) so that new construction pays for itself as far as inspection programs are concerned. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 At Mayor Warnke's request, Mrs. Boroni took a roll call vote on the motion, as follows: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 83-33 Re: Increasing Plumbing Permit Fees Proposed Ordinance No. 83-30 was read by City Attorney Vance on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING SECTION 22-2, SUBSECTION 106.3 (SCHEDULE OF PERMIT FEES), OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved for the adoption of proposed Ordinance 83-33 on first reading only, seconded by Council- man Wright. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 83-34 Re: Increasing Mechanical Per- mit Fees City Attorney Vance read proposed Ordinance 83-34, by title only, on first reading: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 5.2, SUBSECTION 825.3 (SCHEDULE OF PERMIT FEES), OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance 83-34 on first reading only, seconded by Vice Mayor Zimmerman. Mrs. Boroni took a roll call vote on the motion: - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Motion carried 5-0. Proposed Ordinance No. 83-35 mit Fees OCTOBER 4, 1983 Aye Aye Aye Re: Increasing Electrical Per- Proposed Ordinance No. 83-35 was read by City Attorney Vance on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 9-36 (SCHEDULE OF PERMIT FEES), OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR SAVINGS CLAUSE, REPEAL- ING PROVISION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Vice Mayor Zimmerman moved to adopt proposed Ordinance No. 83-35 on first reading, seconded by Councilman Cassandra. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 83-36 Fees Re: Increasing Sanitation City Attorney Vance read proposed Ordinance No. 83-36 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING BOYNTON BEACH CODE OF ORDINANCES, CHAPTER 10, 'GARBAGE, TRASH AND OFFENSIVE CONDITIONS', ARTICLE II, 'REFUSE, GARBAGE AND TRASH', SECTION 10-29, 'RATES AND CHARGES FOR CITY SERVICE', PROVIDING FOR A NEW FEE SCHEDULE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance 83-36 on first reading only, seconded by Councilman Cassandra. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 City Manager Cheney informed everyone this is a proposed increase in fees for the sanitation program. It is primarily directly related to the increase in the fees that the City has to pay to take our soil waste to the land fill. It pro- poses increasing the household fee from the current $5.10 per month to $6.25 per month and increasing the fee condominiums pay per unit (where they have dumpsters) from $4.75 to $5.75 per month. It also proposes a variety of changes in the fee structure for commercial, which is a complicated formula, and City Manager Cheney said we have charts to show that. For the most part, City Manager Cheney pointed out that these increased fees are still less than what other cities are charging. For example, in the unincorporated part of the County, the new fee is $8.00. In West Palm Beach, the new fee is $12.35 compared to our $6.25, and Boynton Beach still provides trash collection at least twice a week if it is put in with the garbage and still on special call on a monthly basis. City Manager Cheney said the City still has pretty close to as low a fee as anybody in the County. City Manager Cheney told Mayor Warnke it is about $1.15 for the single family homeowner and $1.00 per unit for the condominium. For example, the total City bill for land fill this next year will be an increase of about $240,000, and the City has to try and make that up in this process. The City wants to try and make the sanitary program self- supporting. For the audience, Mayor Warnke clarified there will be a public hearing at the second reading at the next Council meeting. Mrs. Boroni took a roll call vote on Councilman deLong's motion, as follows: Councilman Cassandra C-uncilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Aye Aye A~e Motion carried 5-0. Proposed Ordinance No. 83-37 Facility Charges Re: Increasing Capital City Attorney Vance read proposed Ordinance 83-37 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CITY CODE SECTION - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 26-34, 'CAPITAL FACILITIES CHARGES AND CONNECTION CHARGES', BY AMENDING THE AMOUNT OF THESE CHARGES AND ADDING SECTIONS FOR PROVIDING A DIFFERENTIAL RATE FOR CAPITAL FACILITIES CHARGES IN THE BOYNTON BEACH UTILITY SERVICE AREA NOT IN THE MUNICIPALITY FROM THOSE WITHIN THE MUNICIPALITY." Councilman deLong moved the adoption of proposed Ordinance No. 83-37 on first reading only, seconded by Councilman Cassandra. City Manager Cheney explained that this is the charge we make for every new unit (commercial, industrial use coming into our utility system). It does two things this year: (1) increases the rate for those new units in the City by about 90%; and (2) increases those units in the unincorpor- ated area that the City services in its systems. There has always been a provision that the City can legitimately charge those users outside of the City a 25% surcharge. The City has been doing that on the regular water and sewer rates and have always done it on our water rates. The City started doing it in the sewer rates last year and will continue to do that in the future. Mr. Cheney said the City is now proposing to do that on the capital facility charges, which means that those new units on an equivalent dwelling basis outside of the City will be paying about 135% increase in the capital sewer charge. Looking at the long-term development of the City and making estimates, because we do not know what the density will be or what long range water and sewer will be but based on current assumptions, City Manager Cheney said this will pro- duce over the next 20 or 30 years about $62,000,000. If those units do not come on the line, the City will not pro- duce that money, but the City will not have the related costs to go with it. City Manager Cheney had given the Council a chart comparing these kinds of service charges with other cities locally and throughout the State. He thought the City was reasonable with other places around the State. The attempt here is to have newcomers to the system or Florida pay their share of what is going on, especially for outside of the City where City Manager Cheney said the City does not get any income. The City is providing a product (Water and sewer) and is getting a payment for that water and sewer. Those people do not pay taxes, and that is why the City gets a 25% surcharge. Mrs. Boroni took a roll call vote on the motion, as follows: - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. THE COUNCIL TOOK A TEN MINUTE RECESS AT 8:40 P. M. Mayor Warnke called the meeting back to order and recognized the presence of State Representative Ray Liberti in the audience. Resolutions Proposed Resolution No. 83-SSS Re: Approval of Final Plat - Boynton Lakes Plat II City A~torney Vance read proposed Resolution 83-SSS by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR BOYNTON LAKES, PLAT NO. 2 (P.U.D.) IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, OF PALM BEACH COUNTY" Councilman deLong moved the adoption of proposed Resolution No. 83-SSS, seconded by Councilman Cassandra. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 83-TTT Congress Lakes Plat I Re: Approval of Final Plat - City Attorney Vance read proposed Resolution 83-TTT by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR CONGRESS LAKES, PLAT NO. 1, P.U.D., IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, OF PALM BEACH COUNTY, FLORIDA." Councilman deLong moved the adoption of proposed Resolution No. 83-TTT, seconded by Councilman Cassandra. A roll call vote on the motion was taken by Mrs. Boroni, as follows: - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Motion carried 5-0. Proposed Resolution No. 83-UUU Sky Lake Plat III OCTOBER 4, 1983 Aye Aye Aye Re: Approval of Final Plat - City Attorney Vance read proposed Resolution 83-UUU by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR SKY LAKE, PLAT NO. III, LYING IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, OF PALM BEACH COUNTY, FLORIDA" Councilman deLong moved the adoption of proposed Resolution No. 83-UUU, seconded by Councilman Wright. Mrs. Boroni took a roll call vote on the motion, as follows: Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 83-VVV Re: Approve positions at the Golf Course City Attorney Vance read proposed Resolution 83-VVV by title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE JOB DESCRIP- TION FOR GOLF COURSE MAINTENANCE FOREMAN AND GOLF COURSE EQUIPMENT MECHANIC AND MAKING THEM A PART OF THE CITY'S PAY PLAN" Councilman deLong moved the adoption of proposed Resolution 83-VVV, seconded by Vice Mayor Zimmerman. Councilman Wright confirmed through City Manager Cheney that all of the City's positions are advertised as promotional opportunities within the City so the City employees can aPPly for them. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Cassandra Councilman deLong Aye Aye - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Councilman Wright Mayor Warnke Vice Mayor Zimmerman Motion carried 5-0. Proposed Resolution No. 83-WWW Program Aye Aye Aye Re: ICMA Retirement City Attorney Vance read proposed Resolution 83-WWW by title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE ICMA DEFERRED COMPENSATION PLAN AND EXECUTING THE ICMA RETIRE- MENT TRUST FOR THE CITY OF BOYNTON BEACH, FLORIDA" Councilman deLong moved the adoption of proposed Resolution 83-WWW, seconded by Councilman Cassandra. A roll call vote on the motion was taken by Mrs. Boroni: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 83-XXX Re: Amending Resolution No. 83-QQQ - Adopting Millage Rate for 83/84 City Attorney Vance read proposed Resolution 83-XXX by title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 83-QQQ TO INCLUDE CITY OF BOYNTON BEACH, FLORIDA, RECRE- ATIONAL & MUNICIPAL BEACH FACILITIES BONDS GOB DEBT SERVICE MILLAGE RATE; RATIFYING AND REAFFIRM- ING THE REMAINING PROVISIONS OF RESOLUTION 83-QQQ PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Councilman deLong moved the adoption of proposed Resolution No. 83-XXX, seconded by Councilman Cassandra. City Manager Cheney told the Council that when he presented these two Resolutions to the Council at the last meeting, he based them on previous years' Resolutions, which did not have any debt service because the City did not have any debt service. City Manager Cheney failed to notice that this year we had debt service, so the Council would simply - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 be amending the two Resolutions they have already passed to be sure the Tax Collector collects money for our debt service. City Manager Cheney reported that this has been discussed with the County and State officials, and there is no problem. Mrs. Boroni took a roll call vote on the motion: Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 83-¥YY Re: Amending Resolution No. 83-RRR - Adopting Budget for 83/84 City Attorney Vance read proposed Resolution 83-YYY by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 83-RRR TO INCLUDE CITY OF BOYNTON BEACH, FLORIDA, RECREATIONAL & MUNICIPAL BEACH FACILITIES BONDS GOB DEBT SERVICE; RATIFYING AND REAFFIRMING THE REMAINING PROVISIONS OF RESO- LUTION 83-RRR; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Resolution No. 83-YYY, seconded by Councilman Cassandra. Mrs. Boroni took a roll call vote on the motion, as follows: Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 83-ZZZ Boynton Beach Commerce Center Re: Approval of Final Plat - City Attorney Vance read proposed Resolution 83-ZZZ by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR BOYNTON COMMERCE CENTER IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST" Councilman deLong moved the adoption of proposed Resolution No. 83-ZZZ, seconded by Councilman Cassandra. Mrs. Boroni took a roll call vote on the motion, as follows: - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Motion carried 5-0. OCTOBER 4, 1983 Aye Aye Aye Proposed Resolution No. 83-AAAA Re: Releasing bonds and accepting substitute bonds for Sk¥1ake City A~torney Vance read proposed Resolution No. 83-AAAA by title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING BONDS AND ACCEPTING SUBSTITUTE BONDS FOR SKYLAKE" Councilman deLong moved the adoption of proposed Resolution No. 83-AAAA, seconded by Councilman Cassandra. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. Mayor Warnke referred to the No. 83-AAAA and questioned why they could not have Resolutions numbered "1-83, 2-83" or if it is a law that letters are used. City Attorney Vance thought the idea was not to confuse Ordinances with Resolutions, but there was no legal requirement. Members of the Council commented it should stay as it is. OTHER A~nrove Water Service Agreement - Property owned by George and Jeanette Zopfie The Council had before them an agreement for water service outside of the City limits for approximately a ten acre tract. Mayor Warnke could not find how many units were to be served on the ten acres. City Manager Cheney informed him that the units are not determined until the County approves the development plan. The County will not review the development plans until there is some indication as to who is serving the utilities. Obviously, it is within the zoning maximum which the County Comprehensive Plan provides. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 State Representative Ray Liberti, 2300 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409 came forward to represent the applicant. He told the Council there is a maximum planned use density of possibly 12 to 18 units an acre available. It would be just under 10 units an acre. Approximately 80 units would be the maximum. Representative Liberti said his clients asked him to look at the planning prospects, and he told them if they want any planning design on a piece of property, they should not consider in any way, shape or form, from a planning stand- point, their own water and sewer service or a proliferation of such. Boynton Beach is a regional facility and should remain a regional facility. The right planning and thing to do is to permit the expansion of that process. Representative Liberti recommended that the Zopfies suggest to the City that they be taken into the City eventually. He advised this is the right kind of thing to do and said proliferation of water and sewer facilities has been a problem throughout the State. Representative Liberti felt this was an opportunity to solve that problem. City Manager Cheney showed the location of the property on an overlay and said it faces Old Boynton Road. Councilman deLong was informed it is on the west side of Lawrence Road. Representative Liberti said it is to the east of Cypress C~eek Country Club. Vice Mayor Zimmerman determined it is south of Cypress Creek. Councilman deLong could not see where there was any problem with this. City Manager Cheney produced a map, which showed ! the City s existing utility lines, the streets they were talking about, and where water lines were already installed. City Manager Cheney pointed out that the City has water lines~ west of there already on Military Trail, so they are within the area the City is already serving. Councilman Cassandra wondered, even though this is County land, if it was possible to put a density factor that coin- cides with Boynton Beach's Ordinances for the reason that if the City is going to annex these people, 20 years from now they may be coming in, the City would have to grand- father them in, but they would not be in agreement with the City's setbacks and density factors. Councilman Cassandra questioned if it was possible in future water agreements to p~t in that it would have to coincide with some of the C~ty's density factors. Councilman deLong commented that the City has been doing that. Representative Liberti said the question was, "What's the density permitted under the County Ordinance?" He stated - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 that he told the Council what it was and was telling them now that they are not going to do that because it is just not proper planning. They are committing to at least 2/3rds of that, which is why he also directed the owner of the pro- perty to make sure he gets involved in a regional facility, not proliferation of small package plants. Representative Liberti added, "That is wrong." Representative Liberti assured the Council they are not going to go over the density. He believed this plan would fit into the City's reserved area and other planning con- cepts. Councilman deLong advised it should be part of the agreement, as there is a clause in there whereby if the City cannot serve them, that's it. There is also a clause in the agreement, When it becomes contiguous, that they apply for annexation. Councilman deLong thought there should be another clause that they meet the density requirements of the City of Boynton Beach. City Attorney Vance advised if someone comes in for actual annexation, the City can control the density and the number of units in connection with the annexation prior to building; but in a situation like this, the zoning authority is the County, not the City, and the City has no legal right to c6ntr~l the zoning on these properties that are contiguous aS this point and time. However, in areas that are ggnerally in relation to our boundaries and may some day become a part of the City's boundaries, the City Manager initiated a program at least a year ago, or longer than that, of providing input to the County in connection with selected i~stances of rezoning. The County does pay attention to the City's input. Councilman Cassandra knew of some homes built in the Militar ~ . Y Trail area that do not conform to the City's densitv factor or setbacks. Councilman deLong added, "a~d also th~ heiaht." Six months ago, Concilman Cassandra noticed County Commi~s- loner Dorothy Wilkins said in the newspaper the same thing he was saying, "The County should work with the municipal- ities and go with their zoning." Nothing has happened about that. As far back as 1959, Councilman deLong recalled the County Planning and Zoning Board never approved any applications fo~ zoning that were contiguous to the City of Boca Raton un~ess Members of the Planning and Zoning Board (particular- ly the Chairman) went to their meetings when the application wa~ being presented They cooperated with the Cit 100% o ' ' Y ' C uncllman deLong said that is what they should have now. Councilman deLong pointed out that the City is going to be taking in a lot of non-conforming developments, and they - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 are trying to get rid of the non-conforming "stuff" they have in the City. Councilman Wright mentioned he was sure these are some concerns cities have been expressing. He thought perhaps State Representative Liberti would be able to encourage the State Legislature to give the cities some support. Councilman deLong asked if would be advisable to have the applicants submit the plans to the Council when they make t~e application. While the City cannot control the zoning, City Attorney Vance said the City can put in a provision, p ovldlng that they will submit a proposed site plan at the time of their application," and the City can agree to furnish water an~ sewer based upon the attached site plan and the number of units shown therein. For the record, as agent for the applicants, State Repre- sentative Liberti agreed to comply with that. CoDncilman deLong moved to lay the question on the table until such time as the plan is submitted to the City. Councilman Cassandra pointed out that they have the question of the present water agreement. City Manager Cheney called attention to Representative Li~erti's experience as former Director of the County P1 th CO~ Ma fr~ pl. ~nning staff, and said Mr. Libertis understood the problem ~y were talking about. If he was saying he is willing to ~mit that he will submit a site plan, it seemed to City ~ager Cheney that was an ideal person to be saying that )m the point of view of the future development taking ~ce. Councilman deLong had no doubt about Representative Liberti's honesty but warned they might find out in the long run when they make the gentleman's agreement, when it comes to produce, they do not produce. If they make an Addendum to the Agreement that he submitted an~ signed to the City for water and sewer service that they have another criteria that all site plans must be submitted for the City's review, Representative Liberti stgted he would so commit. Mayor Warnke advised his statement was now a matter of the record. Councilman deLong moved that the service be granted, seconded by Councilman Cassandra. Mayor Warnke brought up the extreme lack of water within the City and the issuing more water agreements outside of the City, where the City is coming up with an inevitable mora- torium in 1985. He asked who they will serve best, the - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 people within the City or the people outside of the City who are coming into the area. City Manager Cheney reminded Mayor Warnke that when the City signs these agreements, they are not and are refraining from making specific commitments relative to service. They are saying the water is there, and under priority 3, they will get service. Priority 1 is within the City. Priority 2 are the cities we have a contract with, and Priority 3 are those beyond the City. City Manager Cheney said they do not know when this piece of land or any other piece of land will actually develop. They are just saying the water is there. Some organizations are making a contractual commitment of units of service. The City has not done that except on Congress Avenue, which was an the City. When developers put money up front, the City made a contractual commitment for a maximum of five years. If those developers (Meadows 300, Dos Lagos, and Boynton Lakes) do not use up all of their assumed capacities in five years, then they have no long term guaranteed commit- ment after five years. City Manager Cheney wanted everybody to understand the City has those series of commitments. Within those series of commitments, they have to do what they can do. The risk is there, and in this area there is nobody else to serve them. They have to rely on what the City has available. Mayor Warnke added that he would hate to have the City in the position where they would cut off a subdivision because we wo%ld not have enough water. Attorney Vance referred Mayor Warnke to paragraph 8 of the Agreement, which clearly covers the moratorium situation, an~ pointed out that it is a part of the agreement. The applicants have read it. If a moratorium ever exists, the City is under no duty to furnish water. Representative Liberti commented that they read the agreement, understand it, and understand there is nothing that is absolute in this particular situation. He reiterated that th~mY.th understood exactly what Attorney Vance was conveying to Councilman Wright noted they had another request for services on the Agenda. He suggested that if it does not me~t the requirements or intents of the Council, perhaps they should send it back, let the staff deal with them, and bring it back at the next meeting. A ~ote was taken on the motion to approve the water service agreement of the property owned by George and Jeanette Zopfie with the comments uttered by Representative Liberti. Motion carried 5-0. - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Approve Water Service Agreement - Property owned by H. Loy Anderson, Jr. and Joseph A. Palermo City Manager Cheney showed the location of the land. Council- man Cassandra referred to the high school, School Board, and the Expos. City Manager Cheney informed him the City has agreed~ to serve the School Board and its facilities with water and sewer. He believed it was still on a year-round basis. For a few weeks of the year, the Expos are going to use it. City Manager Cheney thought that was the arrange- ment. When they come to the City for permits, the City will look at it. He stated the City made it very clear with the School System, County Utility Department, and County O~ficials that in no way were we taking any steps to infringe in the utility service area that was not ours beyond School Board purposes. City Manager Cheney had discussions with County recreation staffs and believed this was kind of a minimal sub-lease. Mr. Russell Scott, Urban Design Studio, West Palm Beach, told the Council he was acting as Agent for Messrs. Anderson and Palermo. If the Council desired, Mr. Scott said he could have copies of their proposed master plan delivered to Mr. Cheney's office tomorrow. City Attorney Vance thought the Council could go ahead. He advised that obviously, the applicant has furnished the information already that the City asked for. Councilman d~Long asked, "Suppose the site plan does not meet with approval?" Mr. Scott informed Vice Mayor Zimmerman that the density is 4.8 units an acre. City Manager Cheney remarked it is well within our density. Mayor Warnke added it is 256 units, so they were talking about approximately 600 peQple. Mr. Scott told Councilman deLong it is intended to be a single family, single story in part and single story condo in part. Councilman deLong moved that if the plans coincide with what th~ City wants, they go along with it. In his discussions with Mr. Perry Cessna, Utilities Director, relative to this, Mr. Scott said they will be granting the City of Boynton Be~ch an easement across the property for the purposes of bringing water and sewer lines between Lawrence Road and Military Trail at no charge to the City. City Manager thought an interesting point was they are pro- viding the City with an easement for water and sewer service in the rear of that property. The City can serve them from the rear and not Hypoluxo Road. The reason Mr. Cessna is concerned about that is if we do not have utility lines on Hypoluxo Road, there is never any likelihood that somebody on the north side of Hypoluxo Road is going to expect the - 30 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 City to serve them. ment to the rear. That is why Mr. Cessna wanted an ease- The reason Councilman deLong would be concerned was he believed the expansion to the west would be somewhere around Lawrence Road. They are practically contiguous now. One of the most important problems facing the City now and facing the City for many years to come is the expansion to the west, Councilman deLong commented. He said they should permit the people to vote on how far they want the City to expand west and they would be very lax if they do not get · · this on the floor. Councilman deLong said they can say all those things about broadening the tax base, but they forget to say they are broadening the expenditure base also. Councilman deLong commented that they would have a terrific income in ad valorem taxes from deBartolo and Motorola, but the City is not fortunate enough to have ocean front property. Under the present boundary lines, when the City is fully developed with the present zoning of resi- dential, Councilman deLong said they will have a population of 80,000. He asked how big a city they want. Vice Mayor Zimmerman seconded Councilman deLong's motion. Personally, Mayor Warnke said he had gone far enough in extending our water service beyond the City limits. In no way could he approve any further water service agreements. If this is put to the public for referendum, Councilman deLong said they would have to establish maybe a boundary liBe on the west side of Lawrence Road or further, if the people want to go futher than that. At the request of Mayor Warnke, Mrs. Boroni took a roll call vote on the motion: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Aye Aye Nay Aye Aye Motion carried 4-1, with Mayor Warnke voting against the mo~ion. Reyiew of material from City Attorney - Southeastern Palm Be~ch County Hospital District d/b/a Bethesda Memorial HoSpital v. City of Boynton Beach Councilman deLong wondered what vehicle City Attorney Vance wa~ going to use. He referred to page 32 of the Minutes of September 20, after, "Motion tied 2-2", and read the last - 31 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 sentence from the paragraph that followed: "Mr. Vance advised that no further action is needed as the lawsuit will proceed." Councilman deLong thought that was the direction they were going in and again asked City Attorney Vance what vehicle he intended to take in the official action on this particular item. He questioned whether City Attorney Vance was going to abide by Robert's Rules of Order, which the Council has adopted. He wanted to find out if the City was bound by this particular provision and Robert's Rules of Order. Councilman deLong read from Robert'.s Rules of Order: "Reconsider - a motion of American origin, enables a majority in an assembly. . ." (in this book, Councilman deLong said the Council is classi- fied not as an assembly but as a Council because in Parliament, there were two branches (an Assembly and Council) which carried on government affairs). Councilman deLong continued: "within a limited time and without notice, to bring back for further consideration a motion which has already been voted on. The purpose of reconsider- ing a vote is to permit correction of hasty, ill- advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote." Councilman deLong said the following is prevalent at the present time: "To provide both usefulness and protection against abuse, the motion to Reconsider has the following unique characteristics: a) It can be made only by a member who voted with the prevailing side. In other words, a re- consideration can be moved only by one who voted aye if the motion involved was adopted, or no if the motion was lost. (In standing and special committees, the motion to Reconsider can be made by any member who did not vote on the losing side--including one who did not vote at all.) It should be noted that it is possi- ble for a minority to be the prevailing side if a motion requiring a two-thirds vote for adop- tion is lost. . ." Councilman deLong pointed out that they have no standing and special committees, so they do not have anyone on the Council that did not vote as a committee member. To be more - 32 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 specific, he advised it also notifies them about the commit- tees and would state just exactly what the committee is: "Reconsideration In Standing And Special Committees. R~consideration in a standing or a special commit- tee differs from reconsideration in a meeting of the assembly. . .- Councilman deLong said that assembly applies now as a Council and continued: "in the following respects: 1) A motion to reconsider a vote in the committee can be made and taken up regardless of the time that has elapsed since the vote was taken, and there is no limit to the number of times a question can be reconsidered. 2) The motion can be made by any member of the committee who did not vote with the losing side; or, in other words, the maker of the motion to Reconsider can be one who voted with the prevailing Side, or one who did not vote at all, or even was absent." Councilman deLong advised this did not pertain to any Member of Council who was not here at that meeting, because it only pertains to Members of the Standing and Special Committee. He asked City Attorney Vance what direction he intended to go in and what vehicle he intended to use outside of Re- consideration in order to bring this item before the Council. City Attorney Vance was not going to use any vehicle. He submitted a memorandum dated September 27, 1983 to the City Council, which he read° It was City Attorney Vance's opinion that they were not dis- cussing a matter of reconsideration. They are discussing a new matter, and that was the way he was submitting it. In fact, he thought it was his duty as City Attorney when he receives a proposed Stipulation of this type to submit it to the City Council for their consideration. This substanti- ally modifies the Stipulation that was considered in the meeting of September 20th inasmuch as the hospital has agreed to lift its injunction, which presumably is pretty much important to the City Council since they passed a Resolution abandoning that particular street and showed considerable concern in relation to that. Therefore, City Attorney Vance was advising the Mayor, in his opinion, this matter is a new matter coming before the City Council because it was a substantial modification. The Mayor could either agree with him or not. - 33- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Regardless of how much City Attorney Vance said they had changed this, Councilman deLong said Webster's Dictionary explains the meaning of the word "review" as "Viewing again, looking at, looking over, studying again." Councilman deLong expressed that they were not talking about a new Stipulation. They were talking about the same one, and City Attorney Vance said in the Minutes that the City was going to Court and pursue the suit. Councilman deLong read more definitions and said it came under reconsideration, because reconsider- ation reverts to this. He then read the definitions of "re- consider" from Webster's Dictionary, such as "to think over again with a view of changing a decision," or "reconsider a matter", which Councilman deLong said was exactly what they were doing and what City Attorney Vance presented. Councilman deLong told the Council if they by-pass Robert's Rules of Order, which they have adopted, they would be flaunt- ing everything they swore to uphold. He advised they cannot change the wording of the book or the fact. Mayor Warnke advised any discussion of this material would be new, above, and a different consideration than they considered before. ~t is subject, under Robert's Rules of Or~er, to appeal by any Council Member. Councilman deLong reiterated it was a matter for reconsideration according to the Rules and they were by-passing the Rules. Councilman deLong said it was exactly as what was said on the Agenda, and the information they received was a modifi- cation. He-did not agree with the Chair. Mayor Warnke told Councilman deLong he had the right to appeal it, which does not have a second or could not be considered. Council- man deLong agreed it did not need a second but said it was not debatable, to begin with. At this time, Mayor Warnke stated it was up to the City Council to take a vote as to whether or not they were agree- able with the Chair or against the Chair under Councilman deLong's appeal. There was more disagreement between Councilman deLong and Mayor Warnke over Robert's Rules of Order. In City Attorney Vance's opinion, this was such a substantial change in position, it was a new matter coming before the City Council. Councilman deLong repeated it is the same thing. The "Review" says what it is. Councilman Cassandra asked if there was a difference between a Point of information and a point of order. In this instance, City Attorney Vance advised there is. The Chair has made a ruling. That ruling stands unless some Member of the Council appeals it. Councilman deLong said he should - 34 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 read Robert's Rules of Order under "Information." The Chair does not make the rule. The Chair makes the ruling on a point of order. The Chair also can make a ruling when you have an objection to anything on the Agenda. At this time, City Attorney Vance believed Mayor Warnke's ruling was proper and so advised Councilman deLong. That ruling would stand, and the matter would be before the Council unless some Member of the Council questions the ruling and desires a vote either for or against the Chair. Councilman deLong commented the only way you can beat these things is move for, and what they yield to is privilege motions. Also, you can have a motion to table. Councilman deLong imagined it would still be pursued in Court. Reading this before the Meeting, Mayor Warnke thought the Chair properly should stipulate that this should be a new Stipulation, and any Member of the Council could appeal that decision. In all of his years of public service, Councilman deLong never witnessed the amending, modification or rescind- ing of any adopted official action by a legislative body of any governmental level that did not require a motion to reconsider. City Attorney Vance reiterated that the Chair had ruled it is now a new matter. Essentially, City Attorney Vance said there is only one change in the Stipulation that was previously submitted, but it is a significant change. If there was only one change, Councilman deLong questioned how it could be something new. City Attorney Vance replied, "Because this has a substantial impact on the Stipulation and also on positions previously taken by the City." He referred the Council to paragraph 4 of the Stipulation as resubmitted by the Attorney for the Hospital and read the paragraph into the record. Based on his memory of previous discussions of this, City Attorney Vance recalled the Council had indicated considerable interest in accomplishing this result. Mayor Warnke observed it would cut off traffic to 24th Avenue. City Attorney Vance advised that the City Council previously adopted a Resolution abandoning this street (S. W. 2nd S~reet). Prior to the implementation of the Resolution, City Attorney Vance recalled the Hospital went into Court in connection with the lawsuit that the City is presently fighting and obtained an injunction prohibiting the abandonment. They state in their letter and in the proposed stipulation that they are now willing to lift the injunction and permit the abandonment and closing of the street. Councilman deLong cqmmented that they (the Hospital) are very generous people and do not mind destroying the value of those high priced homes over there. - 35 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Kimberly V. Barenz, Attorney, 1970 S. W. 24th Circle, Boynton Beach, recalled the last time she was here a number of citizens and residents in the area also spoke. Subsequently, Joel Strawn, Esq., who represents the hospital, spoke. Attorney Ba~enz requested that she be afforded ample opportunity to rebut what is said if anyone speaks after her, except on matters that come forth from the City Attorney. Mayor Wa~nke reminded her this was not a public hearing. Attorney Ba~enz recollected that the.last time they had her speak, followed by Mr. Robert Foot, and Attorney Strawn, who had no~ intended to speak, approached the podium. If Attorney Strawn intended to speak tonight, Attorney Barenz wanted to speak after him again or wait until he finished speaking. Attorney Barenz had approached the Council before, the first occasion being in late June of this year, during the Public Au,~ience portion. Vice Mayor Zimmerman was acting as Mayor, an Councilman Wright was in a Seminar. The second occasion wa~ at the Council Meeting two weeks ago. All of the Council Me]~bers were in attendance with the exception of Councilman Wright. Therefore, Attorney Barenz addressed her comments to. hight to Councilman Wright. A~orney Barenz was representing a group of homeowners who li~e adjacent to (on the eastern portions) the subject pro- perty which is the subject of this Stipulation. She wished to bring up a few matters that were brought up the first time when the Stipulation failed by a vote of 2-2. The first matter Attorney Barenz brought up was one of procedure. Sh? was not quite sure what the Stipulation does for the City. Attorney Barenz stated she would agree with Council- maD deLong and disagree respectfully with the City Attorney that there is not that much of a material difference between th~s Stipulation and the one that was voted down two weeks ago. Fu~ th Ci po si~ se, le' ~ther, she pointed the attention of the Councilmembers to Memorandum dated September 27, 1983 to the Mayor and 2y Council from the City Attorney. Attorney Barenz also [nted to the letter with the letterhead of MacMillan, ett, Adams, Strawn, Stanley & Botos, Delray Beach, under nature of Joel T. Strawn, dated September 23, 1983, and ked to clarify one thing in the first paragraph of that 5ter. Attorney Barenz read the first sentence: "At the recent meeting before the City Council, it appeared to us that the residents' major concern was closing southwest Second Street and considered our injunction an act of bad faith." At- ma~or concern'of the residents. ~orney Barenz wished to correct that, as it was not the She spoke on behalf of the - 36 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 residents. She recalled Mr. Foot approached the podium and expressed a concern about that street because of the acci- dent, which various Members of the Council witnessed. That was not the reason these people hired Attorney Barenz; she was hired by concerned homeowners who live adjacent to the hospital's property and the property that the hospital is contracting to purchase and is in the process of purchasing or has purchased to protect them and to impede any unbridled efforts by the hospital to change a residential neigh- borhood, in contravention of the Land Use Plan and existing zoning, with a Stipulation of a 3 page legal document which seeks to settle a lawsuit in Circuit Court. Attorney Barenz advised that the lawsuit in Circuit Court did concern the closing of the street, which she reiterated is a concern of these people, but is certainly not the concern of the people who live in Ridgewood Estates (some of whom are her clients). It is the concern to the health, s~fety, and welfare of the people who live around that area, who are a small portion of the people she represents. Attorney Barenz pointed out to the Council that the injunc- tion has been in effect 1-1/2 years. Now, the Stipulation is changed. The hospital will lift the injuction immediately and will come back before the City with a revised plan for land, which is not a part of that lawsuit. To refresh the ~Cil's recollection, Attorney Barenz said land a part of that lawsuit are lots in the Benson Heights Subdivision which border on the hospital property to the north. They are lots continuing around that view in the Benson Heights Subdivision. The Stipulation and the land that is the sub- ject of this Stipulation is not just those lots. Attorney Barenz advised that they are settling a lawsuit that does not concern those lots. A~torney Barenz called attention to the Exhibit which was attached to the original Stipulation two weeks ago, passed it around, and indicated where her clients live. From a legal standpoint at this time, Attorney Barenz pointed out that you cannot settle a lawsuit where the subject matter of th~ lawsuit is not the same. When they started, they were talking about 12 lots. Now they are talking about an area 3 times that size. The Judge in that lawsuit does not even kngw about this land. The Judge in that lawsuit decided on 12 parcels, and they are talking about a lot more. From a leFal standpoint, Attorney Barenz submitted to the Council that the signing of the Stipulation would be clear error on th~ part of the City, whether they sign or review it tonight. If they sign the Stipulation and say the City will use good faith to approve the PUD application of the hospital, - 37 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Attorney Barenz asked the Council if they were promising to do any more than they would ordinarily do for anyone's PUD application. She referred to being a citizen of Boynton Beach and attending Council Meetings of this city, other cities. Palm Beach County Commission meetings, Planning and Zoning Board meetings, and told the Council the hospital should get the same treatment that she would get. Attorney Barenz commented that she would not be given the opportunity to sue the City and then enter into an invalid, illegal, subserving Stipulation. She advised that the Stipulation locks the City and City Council into a decision that is being made without public notice and public hearing. Attorney Barenz asked the Council what happens if the PUD does not go through. She further questioned whether the City Council had "egg on their faces" because they promised to use their best efforts. Attorney Barenz told the Council th.~y are promising something; they have to promise nothing; th.~re is a pending lawsuit~ and she refreshed the. recollec- ti,)n of the council Members as to what the essence of the pei%ding lawsuit is by asking, "Which governmental body has mo~e power? The City of Boynton Beach or the Southeastern Palm Beach County Hospital District?" As Mr. Vance pointed ou'~ at the last Council Meeting, the Judge decided that the te~t to be applied would be the balancing of interests' te~t. Attorney Barenz submitted that sooner or later that te~t would have to be applied in this case, whether they are talking about 10, 12, 18, or 90 lots. Attorney Barenz did not mean to threaten a lawsuit, but if th~ test has to be decided by the citizens, or if the test has to be decided by the City, it will be decided before her clients suffer. She said after the plan is submitted, all of the procedures are properly performed, the public notice and public hearing, the things you are required to do by the la~ of the State of Florida, local government Comprehensive P1 n Act, Chapter 163, Florida Statutes, and read: "The PUD plan, as may be finally agreed upon, shall be pre- sented to the Court for its approval and may not be later materially changed without prior Court approval." (This is the last sentence in the Stipulation.) Attorney Barenz did not think they meant, "The PUD plan, as maF be finally agreed upon," but approved instead. She advised that you do not stipulate in this City or in any other city to a rezoning. They do not stipulate for anyone. Lo~al government being the keystone of American democracy megns everyone gets treated equally, and this is not · treating everyone equally. Attorney Barenz again referred to the last sentence and remarked that this City is imbued by virtue of its Police power, the Constitution of the State of Florida, the Statutes, and its Code of Ordinances t° - 38 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 approve and disapprove of anyone's application. She urged the Council to let the application be filed and the lawsuit proceed. Attorney Barenz stated the options are not that many, and this is not one of the options. If you think about it, six months down the line, the Stipulation is signed, they go through the process, the hearings are held, and a verdict is reached by the Council or the next Council, and the verdict is no hospital, Attorney Barenz stated, "This deal ain't going to fly!" Attorney Barenz told the Council to expect another lawsuit because she was challenging the legality of this, and she is not against the City. She reiterated that she agrees with Councilman deLong. This has already been voted on and discussed. L~gally, Attorney Barenz said there is a process that has to b~ followed that is very clear. The only point she wanted, to make was if the Council was opening itself up for more trouble later on, the simple solution would be to ask the hospital if they want to file a PUD application, dismiss the lawsuit without prejudice so they can refile it later on, and start the PUD process because the City Council is smart enough not to want to commit to a document that might hang the City later on. On the other hand, they are saying, "Hospital, you do whatever you want, but we want to go to Court." A~torney Barenz' people were willing to pay her to help the City go to Court. Attorney Barenz advised the Council that the Stipulation could not be signed; it was voted down the last time, which was kind of like a mistrial. If they decide to vote on it tonight, Attorney Barenz stated they should do so after careful deliberation. If the trouble does not come from the hospital, Attorney Barenz said it can come from the people she represents. Co al if At to Ju uncilman deLong was very concerned when Attorney Barenz luded to the last paragraph of the Stipulation. He asked that was a quid pro quo and if there was a bargaining here. torney Barenz was not at the bargaining table. It appeared her that the Hospital wants some protection and wants the dge to put the final seal of approval on what should be the City's domain. CQuncilman deLong moved to lay the question on the table, seconded by Councilman Cassandra. The motion was DENIED 3-2. COuncilman deLong and Councilman Cassandra were the only ones voting in favor of the motion. - 39 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 In response to the comments by Attorney Barenz, City Attorney Vance advised that the Stipulation does not settle the lawsuit. It merely permits the Hospital to file a PUD application. He read the sentence before the sentence read by Attorney Barenz: "The parties further agree that this Stipulation wil be immediately presented to the Court, with .the understanding that the litigation will be held in abey- ance until either a PUD plan acceptable to both parties has been approved or an impasse is reached, in which case either p~rty may unilaterally and without notice elect to proceed- ~ith the litigation." Edward Thompson, 2616 S. W. 4th Street, Ridgewood Estates, stated that the hospital with its parking lot and buildings were proposed for his backyard. He pointed at the hypocrisy of the people from the hospital and said he read in the paper where they came back tonight because there was some- thing really different about this that would make a difference to the citizens. This street closing has been thoroughly discussed time and time again and while it is very important to some of the other residents, to a lot of them Mr. Thompson said it really did not make any difference whatsoever. If th~ Hospital's reason for coming back is because now there is a big change that they thought would please the citizens, Mr. Thompson said it is not true. Co' Mi mi th ar pa. th fa ar Col de~ lncilman deLong wanted his remarks reflected in the 3utes and said the Council would be making a very serious ~take if they did not pursue this case in Court and let Court make a decision, because the people in the Hospital not going to rest until they drive everyone out on that cel of land and they take over right from the hospital to south side of 21st Avenue. It's not the Council's llt, it's their own fault, and the Councils in the future going to have problems. If the City does not go to irt now and have it settled once and for all, Councilman 5ong said they will have trouble. Vi~e Mayor Zimmerman believed if 2nd Street was closed immediately, it would alleviate trucks, etc. from using that area. Mayor Warnke pointed out that they were not finalizing anything. If it goes to the Planning and Zoning Board as a PUD, they would also have all of the technical advisors of the City looking at every aspect. Councilman de~ong confirmed through Caesar Mauti, Member of the Planning and Zoning Board, that the Planning and Zoning Bo&rd already turned it down twice. Councilman deLong felt they were wasting everyone's time. Mr~ Robert Foot, 2400 S. W. 1st Street, Boynton Beach, hoped th~ Council would address the use of the property. He informed the Council "Exhibit 4" includes a variety of uses - 40 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 that might be private profit making organizations. Recently in the papers, the Hospital allowed that they are consider- ing changing the organization of the arrangement on that property. He hoped that this Stipulation would not become a base for that tax free property by profit making organizations competing with developers and others in this community who are tax paying residents. Councilman Cassandra had a package he collected on Bethesda Hospital and the problems he researched. He mentioned ask- ing both the Hospital and the residents to let him know what is happening but probably their Attorneys advised them not to. Councilman Cassandra called up City Attorney Vance and was told the lawsuit involves 7 or 8 lots, of which the Hospital at that time said was adequate space for their park- in~ needs. He asked Mr. Vance what he was stipulating to and if it stipulated to all of the properties now. Councilman Cassandra advised they are stipulating to something which is not the lawsuit, but he was concerned about the Radiology Lab because he wants to see it built. Councilman Cassandra had also asked Attorney Vance if he could meet with the Public Relations man from the Hospital an~ was told he could. Councilman Cassandra asked what he was deciding on tonight if the reconsideration is not a va~id point. He stated he was signing something that is not the lawsuit. In Councilman Cassandra's mind, the Council was not going to decide on a Stipulation to settle a lawsuit. Councilman Cassandra felt parking space was the issue and · ! the Hospital s problem. If the lots were adequate before, he questioned why they must go to another 10 acres of land to satisfy more parking space. Like Mr. Foot, he read the article in the newspaper and underlined some of the important points. It said the officials of Bethesda Hospital got the initial draft Thursday of some reorganization plans that wo~ld allow the public hospital to expand its operation to include nursing homes, out-patient clinics, and other profit making facilities. The reorganization plan, which cost $12,500, took about 8 months for attorneys and accountants to prepare. Un( th~ ho: Mel tic Th~ op~ ler the reorganization plan, Councilman Cassandra read it two non-profit corporations would be set up by the ~pital district. One corporation would operate Bethesda ~orial Hospital; the second would be a health care corpora- ~n that would supply management services to the hospital. i health care corporation also would run such profit making .rations as a clinic. Councilman Cassandra noted they admitted the land they would put on there in Phase II would be around 2500 square feet, - 41 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 but there is no guarantee that they will not build in the front parking lot. If they want 671 parking spots in the new Phase I/Phase II, they could take away parking spaces in the front lot and build whatever they want. Councilman Cassandra was concerned with the parking space impact. The City Planner put together a very detailed report on the land the City will lose, the property price on the land, and the tax base the City will lose. The City is concerned about a tax base, but they are taking very valuable land and saying, "You can have it. Don't pay us taxes." Councilman Cassandra stated they were going to increase the traffic pattern and mentioned the nursing school on Seacrest. He warned the impact on that road will be very high, and he did not think that road could take any more increase of traffic, as they were talking in hundreds of cars. Councilman Casssandra believed the hospital has approximate- ly 1300 people on their labor force, of which 50% is the first shift staggered. 50% is 650 people if they all drive their cars. The second shift comes in staggered, and 30% of those people come in, which is another 300 some odd, so 1,000 cars will be gathering at a particular time in the day at the same time you have visiting hours. All night long, the 671 parking spaces will be empty. Councilman Cassandra still thought they could get another 100 parking spaces between Seacrest and the entrance on 26th Avenue, where the light is. He stated they disagreed. Councilman Cassandra said there are some spaces at the X-ray Lab. He said they have a problem, but he felt it could be solved. At the last vote, Councilman Cassandra recalled Mayor Warnke went along with the request and said you have to go with what the majority of the people want. Councilman Cassandra read every post card and categorized them. Only 1600 were residents. Councilman Cassandra thought they had a problem they very strongly had to consider. He voted against the Stipulation because he did not think it solved the problem. He did agree they have a parking space problem but thought it could be solved. Councilman Cassandra said everyone wants their privacy and their communities respected. He thought those people should have the same chance to fight for their community. Councilman deLong added that the people who are most concerned are the people who live within 400 feet of what is being applied for. The majority of the people are everybody in the City. - 42 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Councilman Wright asked how long City Attorney Vance had the Stipulation. City Attorney Vance thought he received the second version the day before he forwarded it to Council, which was the 27th. The original stiuplation, which came to the Council on the 20th, was actually worked out at the direction of Council between him and the Attorney fo~ Hospital. That process took a matter of some months. Councilman Wright commented that City Attorney Vance was hi~ed to give some legal guidance. Councilman Wright moved to accept the Stipulation forwarded by Bethesda Hospital, seconded by Vice Mayor Zimmerman. Vice Mayor Zimmerman felt this is in Court now and as it continues in Court, or another party enters, they will still be in Court and be no better or worse off, so he was satis- fied with the Stipulation. Councilman Cassandra reminded Vi~e Mayor Zimmerman that the City did not go to Court; the Ho3pital sued us. He thought the City should have pushed th case way back when and settled it one way or the another instead of being in Court for over a year. Before answering ye or no, Councilman Cassandra told Vice Mayor Zimmerman wh~t he was saying now is if the Hospital wants to buy some la~d where the Manor home was going to go, all they have to do is put a change of request in, and the City will give it to them. The City will not have anything to say about it, bu the Hospital is going to go to Court and sue the City. He thought the City should say, "Take us to Court!" Councilman Cassandra said it was City Attorney Vance's op~n~on that it is the Judge's decision. Councilman Cagsandra was saying they were opening the door for any institution that calls itself a governmental body to'decide what profits should be zoned to what change and tax free. He reiterated there are 100 and some items under "Exhibit 4" of what they are going to put in that building. Councilman deLong warned that they were creating a monster not only for this Council but for all future Councils. If the lawsuit goes on and the City loses, Vice Mayor Zimmerman believed the very thing Councilman Cassandra was so worried about would become case law. He felt if they could avoid it coming to a head and an Order coming out, they would be avoiding what Mr. Cassandra was afraid of. Councilman deLong advised they had to find out whether the Hospital or the City was the zoning authority in this City. Ma~or Warnke repeated the motion was to approve the Stipu- lation as presented by Bethesda Hospital and our City Attorney. He requested Mrs. Boroni to take a roll call vote, as follows: - 43- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Aye Aye Nay Nay Motion carried 3-2 IN FAVOR. A RECESS WAS TAKEN AT 10:30 P. The meeting resumed at 10:40 P. M. Review and Authorize Advertising of Amendment to Zoning Ordinance - M-1 Use Regulations City Manager Cheney advised that this incorporates into Ordinance form the rezoning workshops that the Planning and Zoning Board has worked through to get this M-1 text together. Councilman deLong moved, seconded by Councilman Cassandra, to authorize the City Attorney to go ahead with the Zoning Ordinance on the M-1 Use Regulations. Motion carried 5-0. Letter addressed to Robert Foot, President, Chamber of Commerce, from Robert Steinmetz, Futura Printing - Requested by Councilman Joe deLong Councilman deLong read the above referred to letter in which Mr. Steinmetz did not accept an invitation to attend the Chamber's Annual Awards breakfast in view of the fact the printers of Boynton Beach are deemed to be unfit to do printing for the City of Boynton Beach or handle the print- ing for the Great American Love Affair (G.A.L.A.) 1984. He suggested the award be put on the walls of a printer in Pompano Beach, who is printing all of this coming year's G.A.L.A. as well as other items. Councilman deLong asked if there was any way possible that this type of business could be confined to the City in view of the fact most of these people reside in Boynton Beach besides paying taxes and occupational license fees. City Attorney Vance believed his office submitted a written memorandum regarding this matter. He thought their conclusion was that in view of the liability of the City to obtain bids and get printing on a much better rate than one could get in limiting it to a geographical area, it would probably be impossible to so limit it. Councilman deLong wanted City Manager Cheney to send Mr. Steinmetz a copy of the memorandum. He did not think things like this did the City any good. City Manager Cheney agreed but pointed out if they save money for all the taxpayers in the City, they may be doing - 44 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1983 the City some good. He informed Councilman deLong that local printers get some of the printing. City Manager Cheney recalled he presented the argument before on the basis of, "Let's get the best price we can." They do some bidding in town. The annual report was done in town. City Manager Cheney told the Council to say if they want it done different. As long as they are permitted to bid, Vice Mayor Zimmerman did not see where they had any complaint. Councilman deLong requested that the City send a copy of the ruling made by the City Attorney to Mr. Steinmetz. OLD BUSINESS Authorize preparation and submission of application for water withdrawal permit Councilman deLong moved to authorize the preparation and submission of the water withdrawal permit, seconded by Councilman Cassandra. Motion carried 5-0. NEW BUSINESS None. ADMINISTRATIVE Consider appointing one member to Boynton Beach Housing Authority ...................... TABLED Councilman deLong moved to leave this on the table, seconded by Vice Mayor Zimmerman. Motion carried 5-0. ADJOURNMENT There being no further business to come before the meeting, the meeting properly adjourned at 10:50 P. M. CITY OF BOYNTON BEACH, FLORIDA Councilman REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ATTEST'. OCTOBER 4, 1983 ~.--~ puty ' Clerk Recording Se~etary (Four T~b~s) - 46 - AGENDA October 4, 1983 CONSENT AGENDA - ADMINISTRATIVE Approval of Bills: Allied Universal Chlorine for Water Treatment Pay from 1982/83 Budget---401-332-533-30-63 Association for Retarded Citizens Payment as recommended by CRB and approved by City Council 9/20/83. Pay from 1982/83 Budget---320-641-564-40-5A e City of Boca Raton Cooperative Dispatch Center -- 4th quarter payment. Pay from 1982/83 Budget---001-211-521-40-79 .~nst &Whinney P~ofessional services re audit - year ending 9/30/83 Pay from 1983/84 Budget--General Fund ....... 921.00 " " " " Water & Sew. Rev.--817.00 Se Firefighters Equipment Co. H~rst Model - Omni "II" Rescue Tool, Power Unit & Hydraulic Fluid per specifications. Pay from 1982/83 Budget---320-221-522-60-42 Garden Store Partial Payment for Swale sodding Group III areas per specifications. Pay from 1982/83 Budget---00!-411-54!-60-3P Per bid 7/22/83, Council approved 8/2/83 Glasgow 'Construction Service Inc. 287 gal~,~.ab~'gr~und Tank for Emergency Hurricane Shelter/Civic Center Pay from General Fund---001-000-247-31-00 Hospice of Boca Raton, Inc. Payment as recommended by CRB and approved by City Council 9/20/83. P~y from 1982/83 Budget---320-641-564-40-5A $ 1,208.70 ! 0 000.00 67,957.00 1,738.00 4,400.00 2,997.00 1,356.00 3,650.00 COUNCIL MeetJn -2- e 10. 11. 12, 13. 14. 15. 16. 17. Lawmen's & Shooters' SupDly, Inc. 20 Shotguns and 18 gun racks for Police Dept. Pay from 1982/83 Budget---691-000-269-12-00 Per bid 8/9/83, Co%%ncil approved 8/16/83 Metric Enqineerinq Cherry Hils Street Improvements Pay from General Fund---001-000-115-87-00 E. N. Murray, Inc. Est. ~3(Semi-Final) Raw Water Mains for period 6/22/83 to 8/23/83. Pay from Utility Capital Improvement---404-000-169-01-00 Pay from 1982/83 Budget Ranger Construction Company Partial Payment ~3 City Hall Parking Lot Improvements Pay from General Fund---001-192-5!9-60-39 Pay from 1982/83 Budget Reaqan Equipment COo Automatic Transfer Switch for Emergency Generator Pay from 1982/83 Budget---001-000-247-3i-00 Seer Corporation 4 each (Helmet Kits, Portable radio cable assembly, and Mc-3 Handlebar PTT) for Police Dept. Pay from 1982/83 Budget---001-21!-52t-60-82 Unijax, Inc. SUpplies for various departments in General Fund and Water & Sewer Rev. Fund---1982/83 Budget Universal Development Corp. of Palm Beach 3,000 Cubic Yards fill for Golf Course Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Urban DesiGn Studio Billing for services thru 8/31/83 Inv. ~5 of 8 Approved by Community Redevelopment Agency 8/25/83 Pay from Federal Revenue Sharing---320-000,247-!C-00 $ 4,665.02 1,507.50 16,065.63 1,898.62 1,200.00 1,234.80 2,141.38 3,750.00 4,300.00 COL NC L APPrOVe; 20. 21. 22. Van's Electric Inc. Electrical draw - Golf Course Cart Storage Building Pay from BoB. Rec. Facility Constr. Fund 415-000-169-41-00 3,232.71 Shurl¥ Contracting, .Inc. Est. ~2 N.E. 10th. Ave. PrOject ~182-2000 PaY from General FUnd---00!-000-115-87-00 100% reimbursable Con. unity Development Block Grant 99,647.10, ISiah Andrews Driver for Senior Citizens Club 1 wk Pay frOm Federal Revenue Sharing-'-320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 70.20 Willie Ruth McGrad¥ ~'erver for Senior Citizens Club 1 wk Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 67.20 Ray A!len Insurance Agency 139,772.00 ~orkman's Compensation Insurance Deposit Premium Due---10/16/83---$34,943.00---Balance Sue in eight monthly installments. P!~ from various departments---General Fund & Water &ilSew. The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. G~n n ,~F ina ~ c~~e D~C~ °~ I therefore recommend payment of these bills. ' ~e~/r~en~ey~~Manag e r