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Minutes 01-29-82C~TY '~OUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, SPECIAL FLORIDa, qN FRIDAY, J~NUARY 2R, 1982 AT 7:30 P, M. PRESENT ~ Edward F. Harm~ning, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Harmening called the meeting to order at 7:30 P. M. He announced that there would be a Public Hearing dealing with the same subject in a slightly different way, and both were referendum items. Ordinance - 2nd Reading -'PUBLIC HEARING CONTINUED FROM JANUARY 19, 1982 Proposed Ordinance No. 82-1 Re: Referendum Height Limitation for City Attorney Vance read Proposed Ordinance No. 82-1 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THE ADOPTION BY ~RENDUM VOTE OF THE ELECIORS OF THE CITY OF BOYNTON BEACH BY ORDINANCE OF APPENDIX A 'ZONING'. SECTION 4 'GENERAL PROVISIONS' (F) 'HEIGHT LIMITATIONS kND EXCEP- TIONS' OF THE ORDINANCES OF THE CITY OF BOYNTON BEACH; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." City Attorney Vance recommended some clarifying language to the Council, in Section 2, page 3, which was not a substantive change in the ordinance. The present language reads: "Adoption of a 45 foot height limitation in residential, commercial and industrial and exceptions by a referendum vote." Attorney Vance suggested that that wording be changed to '"Adoption of a 45 foot height limitation throughout the City and enumerating exceptions thereto." Attorney Vance thought it was clearer language (it really says the same thing). Mayor Harmening said it appeared to be a very small and insignificant change. Mayor Harmening proposed letting the public speak on both ordinances at the same time and hold the Public Hearings simultaneously, if City Attorney Vance thought it would.be allowable. ~s both ordinances are on the same matter, and it would be difficult to talk about one without talking about the other, it was City Attorney Vance's opinion that the Council. could combine the Public Hearings of Proposed ~Ordinance 82-1 and Proposed Ordinance 82-5. Ordinance - 2nd Reading - PUB'LIC HE~RING Proposed Ordinance No. 82-5 Re: Referendum Height Limitation for City Attorney Vance read Proposed Ordinance No. 82-5 by title only: SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FLORIDA, PROPOSING THE AMENDMENT BY REFEP~DOM V(~ RI.~CTORS OF THE CITY OF BOYNTON BEACH BY ORDINA~C~ 'ZONING', S~CTION 4, !GENERAL PROVISIONS' (F) 'HE] ~ND EXCEPTIONS ', SUBSECTIONS 1, 2 AND 3, OF THE O~ CITY OF BOYNTON BEACH; TO PROVIDE THAT THE EXISTI~ LIMITATION OF 45 FEET SHALL APPLY TO ALI. ZONED DIE CO~ERC/AL AREA, WHICH IS COMPOSED OF LAND NOW. WIq LIMITS AND OTHER lANDS WHICH MAY BE ANNEXED INTO ~ FUTURE DATE~. PROVIDING AN EFFECTIVE DATE AND FOR C Mayor Harmening informed everyone that they ha, of Proposed Ordinance No. 82-1 and~Proposed Or( OYNTON BEACH, ~ OF THE OF APPENDIX A GHT LIMITATIONS D/NANCES OF THE HEIGHT TRICTS OF THE HIN THE CITY HE CITY AT A THER PLRRPOSES." [ heard the reading [inance No. 82-5 on second reading, and the.Council would now continue the Public Hearings. Mayoz Harmening announced~that if anyone wished to speak in favor of either of the proposed ordinances, they could do so. a.t this time, He said that anyone speaking on either ordinance should state which ordinance they are addressing and also give their names and addresses. Ruth Morsch, 120'4 S. W. 22nd Avenue, Boynton Beach, asked how all future exceptions would be secured, after they are secured. Ms, Morsch wanted to know how high the owners'can ~build~ Mayor-Harmening answered the second part of the question first by saying they could build as high as the Council allows because they would have to come before the Council. Assuming 82-5 passes, Mayor Harmening advised there would be another ordinance prepared shortly after the referendum vote clarifying the issues. Mayor Harmening informed Ms. Morsh that the City still had site plan review and Council. T. he particular usage, nature of usage, and site plan would come before the Council for approval. Ms. Morsch commented that what they were doing was giving a future Council "carte blanche" to go to the moon if they want to, Mayor Harmening replied only in the two. areas shown on the maps attached'to 82-5. Ms. Morsch could not imagine anyone owning a piece of property not designated in those two areas designated not suing the City for discrimination if they are not allowed to do the same thing. : *~hould City Attorney Vance agreed it was possible, but the theory of having certain designated commercial areas makes some zoning sense and would ensible probably be defenseless{ Ms. Morsch pointed out that .any time the City is sued, the people are paying'the bill, City Attorney Vance _7/82 added that in the event the ordinance failed, .they .would still be Minutes. back to the 45 foot height limitation, as cOntained· in the ordinnace. Ms. Morsch did not like the fact that it was a.possibility.'and, if the City is sued, the residents and taxpayers would be paying the bill. She thought it was something everybody and every voter should think of, Ms. Morsch also understood that the 45 foot height limitation could be modified by ordinance. She believed the Council would do the modifying of the ordinance to allow anything over the 45 feet. - 2 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 *Should Mayor Harmening said that was true at the present time and would on continue to be true until one or the other of the two ordinances reIeren- should pass td referendum. Then, depending, on which one is on the dum. See referendum and if it passes, the Council could either not change it 2/17/82 whatosever if 82-1 passes, or they could change it in the two "~utes districts if 82-5 passes. Ms. Morsch had before her PrOposed Ordinance No. 82-5. In Section 4F under "HEIGHT LIMITATIONS AND EXCEPTIONS", Ms. Morsch advised that it did not say that it could be done when altered by ordinance. She referred to page 2 of said ordinance. Ms. Morsch said the words, "when authorized by ordinance'', appear in the "Whereases" but are not in what would be the new amendment. City Manager Cheney said the existing Code had 45 feet, and there is no way ~the 45 feet can be amended without a City Council Ordinance. Mr. Cheney said the existing Code was in the~ Statute-. The existing Code has a limit of 45 feet, and there is no way it can be amended without a City Council Ordinance. Mr, Cheney said it was there and it was automatic. Ms, Morsch thought it would take the place of the existing Code. City Manager Cheney replied, "No." It is a!re~dy in the existing Zoning Ordinances, and there is no way you can change an existing ZOning Ordinance without an Ordinance. City Manager Cheney said the 45 feet would still be there as a limit, only to be changed in those two areas by action of this body ~Council). Ms. Morsch questioned if it was still saying 45 feet, City Manager Cheney replied, "No question about it." Ms. Morsch was for retaining the 45 foot limit, and said the Council had heard her thoughts at the other Council Meeting, so she was-sure they were all familiar with the way she thinks. Ms. Morsch added that she thought the residents really needed proposed Ordinance 82-1 on the ballot because proposed Ordinance 82-5 was written in such a confusing manner that no one would know what they are voting for. There was loud applauSe, Ms. Morsch referred to the following: "Adoption of 45' height l~tation for the City except for a downtown and western cc~ercial area. yes no" The way Ms. Morsch looked at it, if you vote yes, you are voting for what is stated in the paragraph quoted. If you vOte "no", she asked whether you were voting against-the 45 foot height limitation as well. Mayor Harmen±ng replied, "Not actually," He explained that the 45 foot height limitation and lesser height limitation, depending on which particular zoning category you are speaking of, (~45 feet being the maximum in any zoning limitation in the City) is on the books of the City of Boynton Beach at the preSent time in the existing Zoning Ordinance, and it is the law of the City. Mayor Harmening said this in no way would modify that or reduce it in any manner until such time as the City Council (if 82-5 would pass) would modify it. - 3 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Mayor Harmening added that if 82-5 passes, the City Council would be free, and free only in those two districts '(the downtown area and the one in the western annexation area, as enumerated on the map) to modify those if they so desire. Councilman deLong asked what would happen to the western commercial area, which is composed of land now within the City limits, and other lands which may be annexed into the City at a future date. Councilman deLong knew who they were alluding to in the future date, but'when they say, "western commercial area" which is composed of land now within the City limits, he wondered if ~hat meant down by South Tech. Mayor Harmening said it meant down on 2nd Avenue, where the Shell filling station is, Mayor Harmening told Councilman deLong the map defines the area, which is from 2nd avenue to the Canal, not Boynton Road to the canal. City Manager Cheney said Exhibit B of the Ordinance clearly indicated it.was between 2nd Avenue and the Boynton Canal, Mayor Harmening said Exhibit B described the western area in four sentences. He read the description: "Bordered on the north by the Boynton Canal; Bordered ~.on the east by Congress Avenue; Bordered on the south by Boynton West Road; Bordered on the west by-Javert Street." Mayor Ha.~rmening and City Manager Cheney assured Councilman deLong that the map and description were a part of the Ordinance as Exhibit B. On page 3.of the ordinance, Ms. Morsch pointed out that paragraph 2 said, "this paragraph is subject to the regulations set forth in Paragraph 3~" Ms. Morsch aSked why 4F wasn't also subject to the restrictions in paragraph 3. City Attorney Van'ce replied tha~ 4F in itself establishes the height limitations. Paragraphs 2 and 3 are exceptions thereto. City Attorney Vance said the restrictions ' ~contained in paragraph 3 only relate to exceptions. They do not relate to the overall height limitations contained in 4F. Ms. Morsch realized that but read a few. things that might apply to the exceptions, as follows: "3, c. Whether the height exception will severely reduce light and air in adjacent areas. f. Whether the height exception will adversely influence living conditions in the neighborhood. ge Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare." Ms. Morsch wondered why that did not go in with 4F. City Manager Cheney explained that they apply only to those things listed in paragraph 2 at the top of page 3. The exceptions Ms. Morsch was just talking about apply only to water, cooling, and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles,, electrical and mechanical support systems and similar structures, City Manager Cheney further explained. - 4 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 City Manager Cheney said the exceptions Ms. Morsch referred to, in paragraph 3, did not apply to an additional floor or an additional use of property other than such things .as-he had mentioned. City Manager Cheney said the exceptions did not apply or allow it to go to five stories, or 46 feet for an additional productive use of the property. Ms. Morsch understood it only applied to paragraph 2 but wondered why iH did not apply to 4F. Ms. Morsch said a high~rise would constitute a much greater dis- advantage. City Manager Cheney said Hhose things cannot.be allowed because those things, like a high rise, do not fall into the exceptions. Therefore, City Manager Cheney advised, there is no way you can go to a high rise. City Manager Cheney said the language was out of the existing Zoning Code. It is only in there to allow fire towers and water and cooling, towers, etc. City Manager Cheney continued by saying it was also a part of 4F because 4F has paragraphs 1, 2, 3, and 4. City Manager Cheney stated there was no way you could get to the exception stage for a high rise, Ms, Morsch commented that the people were being asked to vote on something for future acceptance that'does not even exist at this time. She asked~how the people could vote on something that was non-existent, Ms. Morsch said tkat was something for the future, If they are going to annex things into the City of Boynton Beach 'for the future, she could not see how the people could vote on something that was not in existence at this time. Ms. Morsch thought both ordinances should go on the ballot and~asked for a legal reason why the two could not go on the ball~t. Ms. Morsch felt the people should be able to vote one way or the other. She said maybe the height restrictions would be lifted, or maybe they wouldn't, but'both sides would have to take their chances. Ms, Morsch requested the Council to put both proposed ordinances on the ballot and lek the people who. reside in?the City, pay taxes, and come here to live in a nice' community decide how they want to live. Ms. Morsch remarked that she and. her husband went to the West Coast and then to the East Coast when they first came to Florida. The Chamber of Commerce of Boynton Beach told them %his was a wonderful place to live, and they would never have to worry about anything going above 45 feet. There was loud applause and.also cheers from the audience. Ms. Morsch said if both ordinances do not go on Hhe ballot, she thought the Council would be telling the residents that they are not important, that only the special interests are, There was more applause. Mayor Harmening requested the audience to refrain from clapping, as it was~not a popularity contest. He asked City Attorney Vance to explain to the public why it would not be possible to put both ordinances on the ballot. - 5 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 City Attorney Vance advised that there were two contradictory ordinances. Theoretically, both could pass in a referendum elec- tion. In the event both passed, the City would have two ordinances that would directly conflict, each with the~other, It was City Attorney Vance's opinion that both ordinances on the ballot would subject both ordinances to possible legal attack prior to the election or after the election, City Attorney VanCe pointed out that what they had was a situation that if both ordinances were put on the ballot, they.may, stand a chance of finding both ordinances invalid. Unfortunately, under the statutory requirements, City Attorney Vance continued, the Legislature has spelled out a specific method for drafting a referendum ordinance. It has to be a "yes" or "no" vote. They will not give any other alternative. The statutory procedure is fairly new. There is no case law. It was City Attorney Vance"s opinion to the City Council that if~they put both ordinances on, they may subject both ordinances to attack, Don Balmer, 560 Horizons West, Sterling Village, told the Council that the last time he was before the Council, he presented them with a petition with 700 signatures in favor of Ordinance 82-1. Since that time he contacted .several people in the Village and talked to them in'regards to the or~dinance. The people of Sterling Village asked him to convey to the Council that when the members of Council ran for office, they asked Sterling Village for support, and Sterling Village gave support. Now Sterling Village is asking for support, and the Council is turning their backs on Sterling Village. Harry Marcus, 650 Horizons EaSt, Sterling ViIlage, seconded every- thing that Mr. Balmer stated. He added a few remarks about what is happening in the City and What will happen in the.City if 82-1 is defeated and 82-5 is approved .tonight. Mr. Marcus also addressed some remarkS to the people who Lrun the Chamber of Commerce. Mr. Marcus understood~the people in the Chamber of Commerce were unanimously in favor of no referendum but atso would probably favor 82-5. Mr. Marcus ~hought the Chamber of Commerce was very short sighted. Mr. Marcus was a member of two ~ery important Chambers of' Commerce for many years andwas on committees, so he knows how a Chamber works. Mr. Marcus thought the Chamber of Commerce.was actually go- ing to ruin every businessman downtown if they defeat all of these things. Mr. Marcus said ifthe'COUncit.wQu~dr.fi/~d~ if"~he~s~udiedwhat is happening in the United States in every urban city, the blights take place because of the urban squall and all of the so,called business economic development on a proliferal area in the suburbs, Mr. Marcus emphasized that the C±ty was building in the future the west end. He exclaimed to Mayor Harmening that he was going to develop business in the west part of town and asked what would happen to the people downtown. ~Mr. Marcus told the Council to look at what happened to West Palm Beach, Lake Worth, and what was happening to Boca Raton. Mr. Marcus shouted that he could give - 6 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH', FLORIDA JkNUARY 29, 1982 city after city after city, and what the City should do is develop their efforts in the city and not go beyond the city, so the people can prosper in the city, Mr. Marcus emphatically shouted that the City should not look for the 'outside interests, for the outside capital, but they should build their local people up. That is what it would take to make a great Boynton Beach. Mr. Marcus hoped the Council heard his remarks. He added that if it does not go through, the business people in Boynton Beach will suffer tremendously downtown. There will be locks on the doors. People will not shop downtown if they can go over to the west side to the DeBartolo Mall, Mr. Marcus exclaimed that people would run from the City and there would be blight. Mr. Marcus told the Council they are going to look for a couple of developments to put up some office buildings and try to get professional people. In other cities, professional people are moving to the suburbs, Mr. Marcus advised. Mr. Marcus ended by shouting to the Council that if they did not listen to his remarks, he thought they would take Boynton Beach down the economic drain. Joseph Aranow, 2520 N. E. 1st Court, Boynton Beach, spoke about two weeks ago and said he was for having 8271 Sent to the people. Mr. Aranow pointed out that the City of Boynton Beach has a Board of Adjustment. The Board of Adjust-ment is not a creature of the City of Boynton Beach but is a creature established by the State under State Statute, and any3~ime you want to raise or increase the height of buildings in the City of Boynton Beach, you have to go to the Board of Adjustment. Mr. kranow advised that the Board of Adjustment passes on whether t~e~size~of a lot is the proper sixe for the building of~ a house, on whether you can have larger or smaller setbacks, and on any grievance (whether it be commercial or residential~}, Mr. Aranow warned~ what the passing of O~d~8~ W0~d~ do. Mr. Aranow said that would give the City fathers the opportunity to by-pass the Board of Adjustment because, today, if anybody wants to come in'with a grievance of any kind, he must go'to the Board of Adjustment bu~ he will not have to because the City Council will be able to pass an ordinance to raise the height, etc. Mayor Harmening interrupted to say the Council can do that now. Mr. Aranow asked why any of the ordinances were needed. Council- man Wright replied that they were not needed, and that was what he had been saying. Mr. Aranow asked why Mr. Vance could not make corrections of the ordinances. He said the~Council heard people say they were talking for 82-1 but what came out of their'mouths was actually opposed to it. Mr. Aranow told the Council they heard people comment on the fact that the ordinances are so complicated in their wording that the people have difficulty determining which side of the fence they are on. Mr. Aranow asked what was wrong with having a proposition that says, "Do you want the height of the buildings in the City of Boyn%on Beach to be 45 feet or not? You vote yes or no." Mr. Aranow said that would be a simple way of putting the proposition to the people, and it should be put - 7 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARH 29, 1982 to the proposition because evidently there is a conflict of the City Council. Mr. ~anow had contact with juries every day of his life, in the work he used to do. He could honestly say the country has the best legal system in the entire world, Mr. ~R~'ow recalled when he was an attorney and appeared before juries, th~ ~h~yl always came up with .the right answer. He advised that if City has a division of voting on the City Council, the only thing the CounCil should do is go to'the people in simple words and ask them if they want it over 45 feet or not, ~Mr. Marcus advised a very simple yes or no vote would tell the Council point blank where they stand. Ben Uleck, Vice President, Boynton Beach Leisureville Community, was in favor of the 45 foot height limit. Mr. Uleck had many calls from many businessmen and many real estate men, and they back the people 100%. Mr. Uleck said he meant the majority of people and not just a handful of people, People asked Mr. Uleck to appear before the Council and beg the Council to think this over and realize what they are doing to the community. Mr. Uleck said Boynton Beach Leisureville Community feels the members of Council are public servants and the taxpayers have the right to make decisions. Mr. Uleck said the people would like to make the decision for them to decide, not for all of the Council. The Council Members are public servants. As far as Mr. Vance, Mr. Uleck commented that Mr. Vance thinks this, Mr. Vance thinks that. Mr. Uleck thought Mr. Vance was wrong, and it should be up to the people to make the decision to vote for high rises or against high rises, Mr~ Uleck remarked that you had ~to be a Philadelphia lawyer t-o read the ordinance. He could not make out what is yes and no. Uleck said h~ was an intelligent man, but he wondered why the ordinances could not spell it out as to whether it is 45 feet, 60 feet, or 1200 feet. Mr. Mr. Uleck advised that DeBartolo knew when he bought the property, it was 45 feet. Macy's wants to come in. Mr. Uleck said DeBartolo knew this and so did Motorola. Mr. Uleck asked why they were being given all of the advantages of going over the 45 foot limit. He did not think that was fair to the people, the taxpayers. Jim Torbit, 2399 S. W. llth Avenue, Palm Beach Leisureville Community, appeared before t, he Council. He said he was on the Board of Directors of Palm Beach Leisurev.ille Cor~munity, and the peoPle in Le±sureville are very sensitive to the height problem. Many of them came to Boynton Beach because it had limitations, and the people want~to see the limitations continued, Mr. Torbit said Leisurevitle did not want any exceptions to the 45 foot limitation. - 8 - SPECIAL CITY COUNCIL MEETING B©YNTON BEACH, FLORIDA JANUARY 29, 1982 James Warnke, 617 Lakeside Harbor, Boynton Beach,thought the emotional controversy over the helght limits in Boynton Beach had gotten out of hand. Mr. Warnke said the question had been argued and politically punted back and forth. Mr. Warnke thought any further discussion of the matter.~was rather academic. As previous meetings had shown, the only way it could be settled to the Satisfaction of all of the citizens was to let them decide at the polls which direction they wished to have the City continue in the future. No matter which referendum the City chooses to put on the ballot, Mr. Warnke said they were sure to be wrong in the eyes of some of ~the factions involved. Mr. Warnke's own personal opinion in favor of 82'1 had been expressed before~the Council, as~well as many others. Mr. Warnke hoped 82-1'wouid be the only one on the ballot, He said all of the citizens should have a chance to vote on all of the issues. Mr. Warnke warned that if both referendums are not on the ballot, someone is sure to cry, "Foul", and the City will ~have to live with a partial decision of the voters. Mr. Warnke concluded by saying common sense dictates that the will of all of the people should be listened to and served. Beverly Warnke, 617 Lakeside Harbor, Boynton Beach, wanted City Attorney Vance to give the answer to wording the ordinances in a very simple way. Mrs. Warnke could not understand how'both referendums could win. Mayor Harmening said both referendums could very easily win. It would take 50% of the vote on,either or both. Mayor Harmening said the people could vote yes or no on each ordinance. Since they are both-presented as a separate item, many people who did not fully understand the issue could very easily vote for both of them, Mrs, Warnke'asked if they could be instructed to vote .for just one. Mayor Harmening doubted it, as that was the way' the election ballot~was set up, City Attorney Vance explained that the simple question of whether or not the citizens want a height limitation could be placed on the ballot in the language suggested} but it could only be placed there as a straw ballot. It would not be'binding. The general desire of the Council originally was to have a ~binding result from the referendum. Mr. Vance advised that· in order to accomplish that, the State Statutes specifically provide that you either have to adopt an ordinance that has that binding effect or you have to amend an ordinance to achieve that effect. The State Statutes specifically require that you use the ordinance language. Mr. Vance said he could have drafted an ordinance which repealed Section 45F and substituted new language entirely. Mr. Vance reached the conclusion that it would probably be simpler to merely adopt the existing overall height limitation contained in the exist~ lng ordinance, Mr. Vance said the statute specifically PresCribes the method, You have to delete lines through the language you are deleting and underline the language you are adopting. In addition, City Attorney Vance continued, the State has adopted a procedure for referendum questions that-does not provide for an alternative. In detail, the Statute spells it out and says you - 9 - SPECIAL CITY COUNCIL MEETING BQYNTON BEACH, FLORIDA JANUARY 29, 1982 have to have a yes or no vote, City Attorney Vance said the ordinances were drafted in his best effort to comply with the Council's desire to have a binding effect and also comply with the State statute. For example, City Attorney Vance continued, the State Statute says you may use no mo~e than fifty words in the title, no more than 75 words on the explanation, and City Attorney Vance said it is difficult to explain something like that in only 75 words, Mrs. Warnke asked what if they had the exact votes for and against. Mayor Harmening advised it would not-have to be exact. As long as there was 50% + 1 that voted for each ordinance, they would both pass. Mayor Harmening said one could pass by 5,000 more votes than the other one. Vice Mayor Trauger asked Cit'y Attorney Vance if there was any way of placing that on the voting ±nstruct'ion- sheet, City Attorney Vance answered that the Statutes provide that each question must be explained within that particular item, The explanation can be no more than seventy-five words. Vice Mayor Trauger questioned if the instruction sheet could say to vote for one or the other but not for both. City Attorney Vance advised that there was no provision in the statute for that. Vice Mayor Trauger asked if it was specifically barred. City Attorney Vance replied, "NO, but that would be the interpretation of the way ~the requirements are set forth." Vice Mayor Trauger then wondered-if someone at the ballot box could instruct each voter to.vote for just one. City Attorney Vance thought that would Clearly b~.a ~iolation. Bill Neville, 2398 S. W. llth Avenue, Palm Beach._Leisureville, understood from what he read in the paper and from a copy of an ordinance Mrs. Padgett gave him, that the Council already agreed with Bethesda Hospital and Motorola that' they would, be given a variance to put on two stories and extra height, Mayor Harmening interrupted to tell Mr. ~Neville that was not the case. The Council did not allow them to put on any one story, two stories or any extra stories. Mayor Harmening said it was specifically incorporated into both ordinances language that will allow them, because of the nature of the construction, to exceed the 45 foot limitation. Mayor Harmening said the hospital has four floors and they could not build fOur floors within 45 feet due to the nature of the particular and peculiar usages of certain areas of the hospital. In ordeT to accommodate the air ducts, forced air, and air conditioning., etc., they must have any where from three to four feet between floors, Mayor Harmening explained.. Also, because of the large number of lights in the operating theater, the hospital requires a higher ceiling in this area of nine or twelve feet high. Councilman deLong thought variances were granted by the Board of Adjustment in the past. Mayor Harmening continued' to explain that the hospital was very concerned because they were planning another two stories on the existing two stories, That will make it four stories also, but they were concerned that they could not do the other two stories - 10 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 in 45 feet. In the past, the Board of Adjustment qave them a variance to exceed the 45 feet because of the peculiar nature of their operation. That was What Mr. Neville wanted to clear up in.his mind. Mr. Neville was for the 45 foot limitation but he also knew that the hospital would need additional bed space. Mr. Neville was for giving the hospital a va~±ance to do that. Mr. Neville said the City also needed plants like MotOrola and he was for a variance to give them more than 45' feet for a warehouse. Mayor Harmening informed him that was given to Motorola, Mr,-~Neville repeated that he was for the 45 foot limitation. Mr. Neville stated he had decided on Boynton Beach because he wanted to get away from high rises and big buildings. He came from Washington, D. C. and wanted to get away from congestion. Mr. Neville was for 82-1 but wanted to be sure variances could be granted by the Planning and Zoning Board or the Council. Mayor Harmening said language was included in the ordinances in the first reading, which took care of situations such as. the hospital, Mayor Harmening further said that if either ordinance went on the ballot or if e±ther ordinance passed, t'he City would still be able to exceed slightly more than 45 feet, Raffaele Marchese, 1901 Roma-Way, Boynton Beach, was in favor of 82~1, which limits all future structures to 45 feet. Mr. Marchese felt to put it to the people was the fair way to go. He asked if they wanted to~ stay at 45 feet or go-beyond it, Mr. Marchese loved Boynton Beach because the Chamber of Commerce said he would not be in a canyon anymore. Mr. Marchese believed that the City must provide fire .protection to people who .live in the City of'Boynton'Beach, whether it be a residential structure or a commercial structure, Mr. Marchese did not believe the City owned a piece of equipment called an aerial pumper. Mayor Harmening said he was correct, but the City had an agreement with Ocean Ridge. Mayor Harmening asked Chief James Rhoden, Fire Department, how many feet it was. Chief Rhoden advised it was 100 feet. Mr. Marchese asked if a quarter of a million dollars ~would be the minimum price for a piece of equipment like 'that if the City had a structure over 100 feet, Mr. Marchese asked how much a ladder would be with a reach of 150 feet, City Manager~heney informed Mr. Marchese that if the City went to 125 feet, they would not be taking people out of the buildings with an aerial ladder anyway. The building would be constructed with fire towers and stairways that are well protected, so people would not be coming down a 125 foot aerial ladder. City Manager Cheney said the Ocean Ridge ladder was probably the .highest the City would.use, because above.that, they would be taking the people down through the building and not by an aerial ladder. Mr. Cheney said the people would' not be able to go down the aerial ladder because of the smoke. With the new buildings, you can~get more people down through stairways than by an aerial ladder. - 11 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Mr. Marchese referred to utilities and said there are hidden costs that the people who pay the taxes will have to pay. George T. Huckle, M. D., 656 Castilla Lane, Boynton Beach, thought most of the talk had been one-sided, He said he had been a resident of Boynton ~Beach since 1958. Dr. Huckle came to Boynton Beach because he was looking for an area that was not too congested. For ten or fifteen years, Dr. Huckle said there was a height limitation of 45 feet. That was why people moved here and why people in the community and most'of the Council were in favor of it. Dr. Huckle did not think any of the Council members would have been elected if they proposed high rises. Dr, Huckle noted they were putting it to a referendum. Basically, there is a 45 foot limit throughout the City, and it has been that way. Dr. HUCkle stated it was true that in the wisdom of the Council, or any future-Council, that an o~dinance perhaps could not change. However, of the two ~proposals put forth, Dr. Huckle advised that 82-1 was going to allow for no exceptions any place at any time without ~gain going to referendum. 82-5 allows two exceptions, which Dr. Huckle thought would be in order because the City Councils come and go, The downtown area was a part of Boynton Beach that Dr. Huckle was not proud of. Since Dr. Huckle did not llve too far from there, he did not think a few moderately high rises would injure it very much. He did not'feel it could'be much worse than it is. As far as the west side, Dr-. Huckte sa±d they were not in the City and not covered by an ordinance right now. He pointed out that they are governed only by County zoning. Dr. Huckle was not sure if' all of the people were aware of this'. Dr. Huckle said they could go out tomorrow, beg-in developing that area, and put as many high rises as they could put on that property. Dr. Huckle noted that the majority of people do not want-high rises. He said the City has developed threefold since he has been here. There were less than 8,000 people wken he moved here. Now there are over 40,000. In another ten years, all of that area will be a part of Boynton Beach, whether people like it or not. The City will have the obligation of providing fire, police, water and everything else if~-those people are interested in being annexed. Dr. Huckle stated he would rather have them annexed to follow the goals of the City for even control of growth and development. Dr. Huckle did not think any member of the Council is going to start to suddenly put in high rise apartments and commercial, He stated that many years had been spent in planning 'the City and it was working pretty well right now. Dr. Huckle wanted it to continue that way but said he would hate to see the City Council locked in cement 'when these things come up in years to come, At that time it would .be much more beneficial to the City than perhaps the people tonight may feel at this moment. For that - 12 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 reason, Dr. Huckle could not be interested in 82-1 because that is like a constitutional amendment to the Federal Government. Dr. Huckle said "it would be hard as the dewil to change" and he hoped it would not happen in Boynton Beach. Dr. Huckle continued by saying at least 82-5 allows a little chance in wisdom of the City and the Council in years to'come. Dr, Huckle stated that the only reason either of the proposed ordinances were brought up was because, he suspected, the fear that the City might get a City Council with five representatives who were going to represent big business. Dr. Huckle informed everyone that he did not own any commercial property. He owns a home and has an office in Boynton Beach. Dr. Huckle also informed everyone that he is a taxpaye~ and has no axe to grind, and he did not even belong to the Chamber of Commerce but maybe he should, Dr. Huckte was speaking purely as a homeowner and a resident with a family, who came to Boynton Beach and~has lived in the community~ Dr. H~ckle had a feeling that there was a lack of information or much mis- ~ information, from what he heard tonight. Before the public urges and pushes the Council, Dr. Huckle asked the public to keep that in mind. Dr. Huckle hoped the Council would not be swayed unduly one way or the other. Nick Cassandra, 2554 S. W. 10th Court, Boynton Beach, was not going to speak because the people ±n front~of him had mentioned his views. Since Dr. Huckle spoke, it raised questions in Mr. Cassandra's mind. Mr. Cassandra said the western section was County land but he did not believe they h~d water and sewer or any services, and they woUld expect services if they were annexed to Boynton Beach. He asked if that was correct. Mayor Harmening assumed that it was. Mr. Cassandra was told there were no services. Mayor Harmening assumed that the majority were obtaining at least some services from the City, With due respect, Mr. Cassandra advised that the Council not forget that the western section is not going to build without coming to Boynton Beach. Mr. Cassandra said his statement was not so much pro or against the referendum but he wanted to bring to the Council's attention certain things which he thought they still should be concerned about. Mr. Cassandra flashed back to the last time there was a controversial referendum. It was about districting, and it was defeated. CounCil- man Wright got up before submitting his candidacy and very emotionally said, "Don't that sign up there mean anything? Don't we have local self government ..? Don't the people have the right to decide?" Mr, Cassandra did not care which referendum the Council put on the ballot but said both should be put on there. Mr. Cassandra knew what City Attorney Vance stated but said-both shoUld be put on the ballot ~for the simple reason to give the people the choice, or Mr. Cassandra continued, they should not put any on the ballot. Mr. Cassandra told the Council not to put 82-5 alone because they would not be asking the citizens the full question. - 13 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Mr. Cassandra commented that lately, it seemed there were a lot of incidents occurring. He said 82-5 was proposed by City Attorney Vance (he believed), and if there was a question about conflict of referendum, why not then or the week after or before the first reading wasn't the question brought up. Mr. Cassandra informed everyone that City Attorney Vance stated there was no precedent that this woUld be legally attacked with regard to the question of the referendUm or the conflict of the referendum. Mr. Cassandra felt that what has happened recently has created~ a very odorless type of effect on the City Council, whose honesty Mr. Cassandra did not doubt one bit. Mr. Cassandra said that today's paper (January 29) said that under closed doo~ indiwidually, a~repre- sentative of DeBartolo had spoken to the Council Member or Council Members. Mr. CaSsandra felt that put a bad feeling in the pulses of the people. Mr. Cassandra asked the Council to very strongly consider putting neither ordinance on the ballot because, as City Attorney Vance stated, 82-5 is on the ballot and if it is defeated,-it will revert back to the ordinance and nothing would be accomplished.''' If 82-1 alone is put on the ballot, though it is a yes and no conclusion, the total question would not have been asked of the people, so Mr. Cassandra wanted the Council to consider very strongly not adopt- ing either ordinance for referendum on the ballot but let it go back to the ordinance, Then the people, through their strength in votes, put into the two empty seats those people whose issu~they agree with. Dan Garnsey, Jr., 316 S, W. ist Avenue, Boynton.Beach, also did not intend to speak tonight, but some points were brought to mind, and he heard an impassioned plea to send the case to the jury. Mr. Garnsey was sure the Council realized that when a case is sent to the jury, (~and in this case the Council would be the attorneys), the people must be given all of the facts available. Mr. Garnsey said, of course, the Council:'knew and the people knew that in 75 words, they would not get all of the fact, Mr. Garnsey wondered how many buildings there were in Boynton Beach exceeding four stories or 45 feet. Mayor Harmening asked Mr. Garnsey if he was talking about the main part of the building or accessories such as elevator shafts, television aerials, or some- thing of that nature. Mr. Garnsey was not talking about just some- thing that would fall under the appendages, antennas, etc. Mayor Harmening was aware of at least two. Mr. Garnsey thought there were five story buildings in town. Mayor Harmening informed Mr. Garnsey that was one reason it was changed to four stories. He said it was physically possible to bu.ild five stories at 45 feet, and the Council Lin which Mayor Harmening partiCipated) seemed to feel that that was a little more excessive than the majority of the people wanted, so it was voted to four stories and 45 feet. Mr. Garnsey remarked that beautiful Boynton Beach had these build- ings of more than four stories when most of. the people living here moved in, and they still came. - 14 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Councilman deLong interjected that he was the one who sponsored the legislation for 45 feet because the 45 feet was not being complied with. They were steal±ng the extra floor. The only way to overcome it was to amend the ordinance to 45 feet or no higher than four stories. Mayor Harmening reiterated that it is physically possible, if you use the right type of construction, to build five stories and stay within the 45 foot height limitation. Mr, Garnsey's point was simply that he did not think most people at the meeting were even aware that there were any buildings over four stories or they probably would not have come into the City, from the way they spoke. Mr. Garnsey asked the Council to consider, if they decided to put one of the ordinances on the agenda, leaving some leeway for future Councils to decide just what growth or'lack or'growth the City of Boynton Beach will take. Dick Greco, Vice President, Edward 'J. DeBartolo Corporation, appeared to give their viewpoint on the proposed ord±nances, which he said may not be too popular in the room. He said he would be happy to answer any questions the people may have when he was finished, As everyone knows, Mr. Greco sai~ they plan to build a Shopping'center mall on Congress Avenue and are committed to $1,700,000.00 in road improvements alone that they have to pay on Congress Avenue in order to make it happen. Mr. Greco informed the people that in a situation of that nature, they go through a DRI process, which is very lengthy, They have gone through all of that and are about ready to go. The land is located in the County, and Mr. Greco said'they were negotiating with the City about annexation. Mr. Greco referred to Mr. Cassandra saying someone met with some. of the Councilmen, and advised that the man that met with some of the Council was him. Mr. Greco informed everyone he met with some of the Councilmen. Mr. Greco understood what the people and Council were trying to do as he was a native Floridian, was born in Florida, and sympathetic with what everyone was trying to do, Mr. Greco thought they were somewhat over emotional about it, and said public officials could not afford to be over emotional about problems, because they have to represent the people and have to look at what transpired today and what will take place five and ten years from now. Mr. Greco noted that many of the people were making arguments they did not know they were making about the ordinances. Mr. Greco said it was somewhat complicated, but it really was not. It was no more than what they basically already had, which was the ability to do certain things. Mr. Greco said City Attorney Vance 'had done a good ~job writing the ordinance, which was a difficult thing to write. Mr. Greco stated City Attorney Vance was totally correct in advising that if both ordinances were put on the ballot they could conceivably both pass. Mr. Greco advised that was not City Attorney Vance's fault; it was - 15 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 29, 1982 the way things are. Mr. Greco asked questions of people in the street today and went to the Chamber of Commerce ~and talked to people there .to get some kind of feeling of what people think and how they feel. Mr. Greco rode all over the city and could understand why the people-want to keep the city basically the way it is, Mr. Greco was on the City Council of the City of Tampa for four years and Mayor of the City of Tampa for 6-1/2 years,-so he was on the Council 10-1/2 years prior to going with DeBartolo. He was sympathetic towards the Council also. Mr. Greco said DeBartolo has four malls going in the State of Florida and some 48 in the country, which average over a million square feet each. There is no quest±on that these things are occurring all over the country and they .are all building on a proliferate of downtown. To say.d~wntow~s will not make it because of malls, as one man s~ated, Mr. Greco said ~he could name a number of cities that are coming back and coming back very strong. Mr. Greco said they were going to build malls in San Antonio and in downtown Tampa, where ten city blocks are under construction. Mr. Greco said it· was difficult to compare one city with another. It is not what Boynton Beach wants and. is not what they will get, Mr. Greco continued. Mr. Greco said the people would have to understand that they have a 45 foot maximum now, and the only way they could change it was by ordinance. Mr. Greco did not see an influx of people running in, trying to build'high rises. By putting it on referendum, Mr. Greco advised that if they wan%ed to add another story to the hospital (~and it would have nothing to do with an antenna~ etc.), they could not do that. CitY Attorney Vance said they could not go above the 45 feet except there could be a special exception granted by the City Council on the language in the ordinance to permit a higher height to handle specialized electrical, mechanical and support systems and some inner structures. Assuming the hospital needed one more floor and it did not apply to what City Attorney Vance just said, Mr. Greco-said once an ordinance was passed to that effect, it could not be done PERIOD. Mr. Greco advised he was gOing to speak for the "compromise" ordinance. Mr. Greco said in many towns, they could not do what the City was doing here when they say the western co~ercial area and the downtown area. Mr. Greco said it did not say they could go where DeBartolo has their lan'd or you could go downtown and build anything they want. In talking to s~me of the people on the street, Mr. Greco felt they were assuming that was what was happen- ing. Mr. Greco said that was not what-was happening. If DeBartolo annexes into the city and wants to build a building that was higher than 45 feet, they would have to advertise, have an ordinance and come back to whatever C~ty Council is here, go through a public hearing, go through Plann±ng and Zoning, and the normal thing they do righ't now. Mr. Greco told the audience if they passed the first ordinance that many of them were for (82-1), they would not have the ability to do - 16 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 that. ~.~'~reco told the people if they did not want the ability to do that, they are saying this City Council and no other City Council has the ability to make up their minds. The Council is elected .by people in the community and certainly should reflect what the people want. Mr. Greco informed the people that they were going to build a mall, whether it is in the County or in the City, He ~hought it would behoove everyone to have it in the city. Mr. Greco said if he told the people one of the stores has to be six-feet higher than the ordinance but there is no mechanism for doing it, most of the people would say, "Fine. Who cares?" Mr. Greco said that does not make it happen. He said they had that particular situation, as there is one department store that wants to be three'stories high. If it were a normal type building, Mr. Greco advised, ten or eleven feet per stOry would take care of it, but in a depart- ment store, they are about 17 fee%. Mr. Greco said that was a far cry from building some kind of a skyscraper there. Mr. Greco pointed out there was a difference, and to accommodate that particular difference, Mr. Greco said he would have to come to the Council, advertise, have a public hearing, and anyone who wanted to could come and say they do or do not want it in each and every instance. M~. Greco understood'there are two banks that bought some property from. DeBartolo who would like to go beyond the 45 foot limit. Mr. Greco said the ordinance did not say they could do it, They have to prove why, etc. Mr. Greco thought there was also a misunderstanding about the criteria for going beyond 45 feet. He said the list was rather lengthy, and someone would have to go through a total ordinance procedure. Mayor Harmening said his~st, atements were correct. Mr. Greco felt the only place where over 45 feet would happen would be in the area where they are because it is commercial and it will be commercial. Motorola will be across the street. Mr. Greco said the way to run government is to have some standard or no standard. Mr. Greco advised that if a referendum was put on that limits to 45 feet everything that the City does, it means everything that they do, which means things that actually occur five years and ten years from now, ~ might be great. The downtown area is the very heart of every community, Mr. Greco continued, and should be addressed. He tOld the audience they should never give up the downtown area. Mr. Greco told the people to assume the downtown area continues to deteriorate and Metropolitan-Life Insurance Company wanted to build a small regional office here and they needed to be 60 feet. Mr. Greco said the people would not even have an option to do something they might want or which might be in the interest of the community. Mr. Greco did not think they should put themselves in that position unless they were willing to say that the Council did not have sense enough to act on each and every provision that will come up. Mr., Greco did not see Boynton Beach as an influx of developers running in, ~wanting to build sky scrapers, but he could see why the City would want to protect against that. Mr. Greco again said - 17 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 the ordinance that is written for the western boundary and downtown (82-5) merely says that in these two areas if, in fact, someone wants to exceed 45 feet, you have to do it by ordinance, come to Council, go to the Planning and Zoning Board, it is advertised, and the people can come in ~and-support it or be against it. Mr. Greco certainly thought six or eight more feet on a department store was a fa~c~ fr~m~high.story buildings, which may or kay not happen in 15 or 20 years from.now. Mr. Greco said suppose the downtown· started deteriorating and the City had the life insurance company that wanted to start to build. That is what brings new life, Mr. Greco advised. Property costs are so high in downtown ar~as~that perhaps it would-be feasible. It may not be feasible for four or 'five years, but Mr. Greco pointed out the City would not have the option to do that. In their situation, Mr. Greco said the City would have to consider whether they would like to annex %heir property,'-If he were a City official and had to make that decision, Mr. Greco believed he would say, "Yes. 1 want that'annexed." M~. Greco said the reasons were obvious. Mr. Greco was just making a preseHtation and had an axe to grind, because DeBartolo owns a bunch of land and prefers to be in the City, Assuming that they were not and assuming other things were built there that are not, the City'would have more growth around the prolifera! area of the CiHy. Those .people do not pay City taxes, DeBartolo would not, and no one else would. Wh~t-woutd begin to happen is that the City would have ~erely residences within the community and more needed taxes. Mr. Greco said the Chamber of Commerce works to bring in- industry, and he was not an advocate to bring in industry that is not clean and good. He advised that the second ordinance (82-5) contemplates that the only two places, more than likely, that this might occur would be in the western area and perhaps'in the downtown area. Mr. Greco pointed out that it does not give anyone '~carte blanche" for building a tall building. _ They have to go through the process again. Mr. Greco had a specific problem, in· tkat one department store needs to be 51 feet plus a roof, or 6~ some. Again, Mr~ Greco advised, they would have to go through an ordinance process. He could not conceive that any City Council would not look favorably, upon some- thing like that. If he wanted to build an office building 20 stories high, Mr. Greco said they might and perhaps should not look with favor upon it. Mr. Greco informed everyone they were not giving up anything, just giving themselves a little bit of latitude for things they do not know may come up. He said the'City was taking the two areas where they may come up. Normally', Mr. Greco continued, malls all'have two story buildings, so they did not even contemplate this, and he was sorry he did not get to the City earlier before it became an emotional issue for the City. He could see people wanting to protect the community. - 18 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Mr. Greco commended the City for the ordinance, the thought and intent behind it. He thought if a second ordinance was passed, no one could possibly get hurt by it and'asked how they could as long as they elected good people to the Council. Mr. Greeo told the people they should have some confidence in the people-they put in.office. Mr. Greco said to say he was goings'to legislate everything and put it on paper, and that is the way it is going to happen, the government is not run that way, Government~is not perfect, Er. Greco commented; it is just as good as the peopl~ want to make it. The fact that the people are-interested and come to the meetings will keep the City good. He told the people to continue to be interested. If they do not have the "compromise" ordinance (82~5), Mr. Greco said it wouldmake a problem for DeBartolo. They would make whatever arrangements they can to stay in the County, which is not what they want to do, ~but 'they must accommodate what they have to do. Mr. Greco hoped everyone understood what he was saying and were not so emotional about it, that everybody wants to be a winner, Mr. Greco told the audience it'was an important issue and will be important to the financial coffers of the community in the future. Mr, Greco said the City was not'~giving up anything and was not saying to the developers they-.should come ina~d do whatever they wanted to. In this City and looking it~over, ,Mr, Greco thought no one was going 'to come Up w~th amy proposal for other than the two areas that are being delineated. Whoever made that possible did a-smart thing, Mr. Greco remarked. If the first ordinance is passed [82-1~, Mr. Greco thought every- body would be sorry. Things will come about and there will be no way to deal with them. Mr. Greco asked if they put on-a ballot, "Do you mind if a department store is 58 feet high as opposed to 45?", what they thought the outcome would be. He advised it was a lot different than the sky scraper the people do not want. Mr. Greco requested that somebody be given the ability to do that so the City gets the tax dollars before they have full Council Chambers when they have to add police and those types of things that are happening 'in every city in America. Vice MayorTraugeraskedwhatMr. Grecoestimated the taxes, would be to the City of Boynton Beach. Mr. Greco did not know but said he could find it out. Vice Mayor Trauger thought~ it would be in Mr. Greco"s preliminary studies. Mr. Greco said he got a call two days ago and was unaware of the severity of this. Vice Mayor Trauger asked Mr. Greco if he had an impact study, Mr.i Greco said he did, but he did not have it w±th him. Vice Mayor Trauger was curious about how many stores-wouLd be in.the entire mall, Mr. Greco replied that it would have a l~ittle over one mill-ionsquare feet, five major department stores and about 16~i~ small stores. Mr. Greco advised that the tax base would be substantial, plus there would be the out parcels. - 19 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Vice Mayor Trauger asked if one store would be sixty feet and the rest of them two stories. Mr. Greco replied "Yes." Vice Mayor Trauger requested Mr. Greco to estimate the number of people that would be employed. Mr. Greco answered, "About 2500." Mr. Greco said he was not going to get into the mall area, the 2500 employees, and the jobs it gives. He thought most of the people understood that. Mr. Greco told Vice Mayor Trauger he could give him the tax figure by Monday morning. Mr. Greco said the tax base would be substant±ally more than if many subdivisions were built, plus they have 24 hour security, they sweep thei~ own parking lot and Would not ask a lot back from the community, It would not be a tremendous problem. Mayor Harmening asked if anyone in the audience had any questions to ask Mr. Greco. Nick Cassandra, 2554 S. W. 10th Court, told Mr. Greco if 82-5 was not on the ballot, nor was 82-1, and~the ordinance revertsback to the 45 foot limit, with the exception of the Council, it would be no different than if 8'2-5 were passed because you would still have to go through the same procedure. Mr. Cassandra thought Mr. Greco made a "beautiful presentation", but he did not think that portion'deviated .from the procedure because 82-1 and 82-5 would still have the same procedure. Mr. Greco agreed with Mr. Cassandra that his statements were"exactly right." Mr. Greco told Mr.' cassandra, "If I were you, I w culd pass one of them." Mr. Greco said he was serious, because he really agreed with what Mr. Cassandra was doing, and what he was saying was that Mr. Cassandra .was exactly right. Mr.' Greco said it was exactly as it is now in two areas, in downtown and where DeBartolo is located, Mr. Greco admitted he may be in conflict with what some of the other people in the audience may think, but he could really not see anything wrong with going to the Council for all of them. Mr. Cassandra replied that. he was expanding his view. He told Mr. Greco, "You are only thinking about your project, but if they all come back to Council, there may be other areas that will now have also the leeway to change the height." Mr. Greco said that was right. Mr. Cassandra said he would rather go to the original ordinance where the Counc±l can change the he£ght anywhere with the proper procedures than to go to Mr. Greco's two parcels, because it was the DeBartolo parcels they were talking about. Since the property was bought many years ago, and the sign has been up a long time about the mall coming and that it did not go into effect because of the road problem at that time (according to the newspapers), Mr. Cassandra recalled that the 45 foot height limitation BDynt~2Rea~h has-. was there, and DeBartolo knew that. Mr. Greco replied, "Oh yes, there is no question about it." Mr. Cassandra further said that DeBartolo would.have built their mall. Mr. Greco said they would not have built one store that is coming in there now. Mr. Ca.ssandra advised that one store does not make a mall, Mr. Greco retorted that sometimes it helps. Secondly, under the present ord±nance, Mr. Greco did not believe - 20- SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29.; 1982 if they ca~e in and said they were going to build a fine store (and unfortunately some fine stores were mentioned, which Mr. Greco said he was not at liberty to do and it did not emanate from him) and he would say to the Council he needs an ordinance for six or eight more feet, he thought they would probably pass it. Therefore, Mr. Greco commented it was immaterial. Mr. Cassandra remarked that they did it for Motorola. Mr. Greco did not blame the Council folr granting it for Motorola. He said it was marvelous to have Motorola. Any city in the country would beat their brains out. to get Motorola. Mr. Cassandra continued by informing Mr. Greco'that two weekS ago, there was a person at the Council Meeting representing the piece of land adjacent to DeBartolo talking about eleven floors. Mr. Greco remarked that they could talk about 100 if they want to but it did not mean they would get it. As Mr. Greco understood it, one of the banks wanted more high rise because of some peat problems on the land. Secondly, if you build high rises, Mr. Greco advised, you have a smaller floor and a larger land area~ You can lease out one floor to a particular company or entity. The security problems are better, etc. Mr. Greco told Mr. Cassandra the City would not be giving somebody the ability to do more than they can already do here, Nothing has changed, and the ordinance Mr.. Greco was talking about merely gives somebody some leeway, after going through an entire ordinance procedure. Mr. Greco said what Mr, Cassandra was talking about, if nothing is done at all, the City would have exactly what they have got, and he could not see where anything has been ruined in Boynton so far. Mr. Greco remarked that either some- one was doing a good job, or no one was ask±ng. Councilman deLong wished to review some of the history of the property, as both Councilman deLong and Mayor Harmening were on the Council at that time. Councilman deLong recalled that DeBartolo had a man who, Councilman deLong believed, was in partnership with him and had a piece of property on the south side of 2nd Avenue and Congress. They were going to have Sears, Roebuck and Company come in and build, Councilman deLong informed everyone that the man's name was Leonard L. Father, who built the Fountains in Pompano Beach. Councilman deLong stated that the DeBartoto people strictly understood what the City's Zoning Codes required, and the Council !'went to bat" for the DeBartolo people at that time and opposed the people (Len Father) on the south side at that time. Since then, Councilman deLong understood that Leonard Farber sold that property. It was Councilman deLong's understanding that the deal with Macy's was a "johnny come lately" deal~ Councilman deLong said DeBartolo was all set %o come in; everything was splendid; they were willing to abide by the Zoning Code the City had; but within the last month or two, Macy got into the picture and now, all of a sudden, the City is supposed to accommodate Macy's. Mr. Greco wished he could say it was Macy's, but he could not. Councilman deLong replied he would say it was Macy's. He looked in'~the paper this morning. - 21 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Mr. Greco explained, that each of the department stores in the mall buy their own piece of land plus the parking from DeBartolo, and they build their own store. They buy their piece of land, construct their store, and then pay DeBartolo a fee to be a part of the mall. Mr. Greco further explained that malls-come to pass because of department stores. That is what draws the~smaller stores. Each of the people are customers. Mr. Greco informed everyone that Macy's made an announcement that they'are going to put five stores in Florida, which he thought was their first venture out of New York. Mr. Greco said it would be a nice store but he was not telling everyone that was what is coming to Boynton Beach. -Mr. Greco repeated that there is nothing wrong with a department store that is 50 or 60 feet high. It does not make a "hill of beans" difference on a huge mail. "No one would even'know it, and it is a far cry from a sky scraper 'which prompted all of this to begin wi~," Mr. Greco'continued. Mr. Greco asked everyone why they would not want the ability to make that type of a decision in an area where they know those th~ings might occur. .Helasked how they would have liked it had the o~her ordinance passed ~nd Motorola came in and'said they' could,not move into the City because of five or six feet. | Mr. deLong reiterated that the land was already in the city. Mr. Greco agreed that it certainly was, and told ~ouncilman deLong that if the ordinance was passed that is-already in the City, it will be the Same thing. When Councilman deLong was a young lad, he lived at 319 West 35th Street, New York City, Macy's started on 7th Avenue, and before Councilman deLong left~ the neighborhood, they had already come down to 8th Avenue. They took a whole square block. Councilman deLong Said, "That's what you are going to have here, just creeping high buildings." There were boos from the audience. Mr. Greco informed Councilman deLong that when DeBartolo sells a piece of land to a department store, they can~ot·have any more than what~ they buy~ Mr. Greco was sure Councilman deLong knew that DeBartolo had a DRI and a site plan, so it co~ what was on there. Councilman deLong thought the tocal bank coul~ asked everyone to look at what they have now,· asked if Jordan Marsh, Sears, Roebuck, Burdin~ were conforming to the height limitation of 4~ did not think they had announced any departme] they were DeBartolo's customers, and the store own announcements when they want to make them for him. He was sure everyone rea~lized that ~ not even open at the same ~ime beCause they b~ The man referred to the Palm Beach Mall. ~r. or may not have the same stores. There may b~ ~ld not deviate from not deviate but he A man in the audience 's, and Lord & Taylor feet. Mr. Greco ~t stores. He said ~s want to-make their . so. it was very awkward ~11 of the stores do ~itd thei~ own stores. GreCo said they may some of those stores or some-additional stores, Mr. Greco felt %hey had them or DeBartolo would not have committed to the $1,700,000.00 on the street. To Mr. Greco's knowledge, most of the stores coming in .have not wanted a third floor. For example, Burdine's in Tampa are starting with two floors and build a foundation for a third floor. - 22 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Mr. Greco asked if that was something no one would want. He pointed out'that if they write the first ordinance, they would not be able to do that, even if it was in the interest of the community and everyone wanted it. Mr. Greco said it would not make it automatic. He repeated that Whoever~wanted to go above 45 feet would' have to come before the Council. Mr. Greco told everyone he would prefer to have that right unless 'the people said they did not want that growth or do not want the mal~, Some one in the audience asked if .other stores adhere to the height limitation, why couldn't Macy's. Mr. Greco replied that every store does what it wants to. He said this was not insuring them the ability to have what they want. Ruth Morsch, 1204 S. W. 22nd Avenue, Boynton Beach', thought there was a misunderstanding and that Mr. Greco.thought no one wants the mall. Mrs. MorSch said the mall was welcome, but the people wanted it to conform with what Boynton has. If the exceptions are passed,'.Mrs. Morsch said they would have no limitations. That was what'the people were upset about, the fact that there was no limitation to any exceptions. Mrs. M0rsch informed everyone that Mr. DeBartolo sold two pieces of ground to two bank's. A young man appeared at a Council meeting and said he wanted to go twelve stories high and, Mrs. Morsch continued, maybe he will build higher when the limitations are lifted. Mr. Greco said that was where the confusion comes in. Mr. Greco explained that when they bought the land which, as Councilman deLong said~ has been for a long time, there was a 45 foot ordinance which has been in effect for a long time. In order to change that, Mr. Greco adviSed each ±ndividual case has to come before the Council and change it by ordinance. Mr. Greco explained that no one was asking that that be changed. Mr. Greco pointed out that they"were not asking for Something more than is already there. They were just saying to the Council, "Don't take that ability away." Mr. Greco said a man can ask for any height building they want or ask for rezoning next to someone's house, but nothing would preclude him from doing it. Mrs. Morsch retorted it could ~lso go the other way. Mrs. Morsch said it would depend on who would be on future Councils. Mr. Greco said if the people put as much effort into that as they do in coming down on ordinances, they should get good people. Mrs. Morsch asked Mb. Greco if he thought the new department store would not come to the new mall when they know how that area is going to grow. Mrs. Morsch informed Mr. Greco that the store would not pass up the opportunity to come here, and they will. Mr. Greco explained that department stores are very funny and do what is in their best interest, or the~ do not come. As a corpora- tion, Mr. Gre¢o said DeBartolo would ha~e to weigh whether the mall should come into the city or not. if the ordinance passes. Mr. Greco said it was that important, or he would not be at the meeting. Mr. Greco noted nothing was changing? They knew what the ordinance was when they came to Boynton, but there is a mechanism and an - 23 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH,' FLORIDA JANUARY 29, 1982 ability to weigh extenuating circumstances, which Mr. Greco said it was. If the other ordinance (82-5) is passed, in the downtown area and western area, no matter how good; bad, or indifferent anything ~is, there would be no way of ever making a change, Mr. Greco advised, Mr. Greco also said, "That is wrong, in my humble oPinion, and I think 'it would be detrimental to each and every person in this room if you look at it unemotionally." Mr. Greco did not believe anyone_was thinking of a building that might be five, six or ten feet high, He said they wer~e all thinking of skyscrapers~ Mr. Greco reiterated that if the first ordinance-~±s passed, they would be saying a department store could not come here that is over 45 feet, and there would be no mechanism for doing it. "If you go along with the man from the bank and he wants a high building, fine; and if you~don-!t, ~fine,'' Mr. Greco continued; "but~ he added, "you have the ability to make that decision." Mr. Greco did not think the Council would make the wrong decision. The same old ordinance has been~in effect for years, and Mr. Greco did not see any tall buildings. Mrs. Mor.sch informed Mr~ Greco that the City has had good Councils. Mr. Greco said as long as the people stay interested, they always would have good Councils. Mr. Hreco sa±d the Council had to.add another dimension'and had to think in terms of how they get the dollars to run the City. Mr. Gre¢o said it was a difficult position to be in. M~. Hreco 'h~d been through 100 or 200 people coming out of 40,000 people. He said you could put a petition in the drug store, and if you asked the people every specific about what they are signing, they do not understand what' they are signing. Mr. Greco saw a lot of misunderstanding of people at the~meeting and noted some people did not even know where the lines were. A man in the audience observed that Mr. Greco said'he met with the Chamber of Commerce and, of course, %hey were enthusiastic for the mall %o ~come in. The man k~ew Mr. Greco's operation very well, The man commented that the operation was very fine and ethical and had built a lot of good malls. The man said when they build, they build prOperly, The man noted that Mr. Greco said the Chamber of Commerce was enthusiastic and t~ld him he could come and build. M~. Greco told the man he said ~e met with the Chamber of Commerce but did not say anything .else. The man assumed the Chamber would be enthusiastic to have DeBartolo annexed and Mr, Greco become a member of the Chamber of Commerce, Mr. Greco remarked that he would hope so. The man asked Mr. Greco When he builds the mall (and you cannot stop the~mall), what would he be doing to the down- town merchants. He asked Mr. Greco if he thought the downtown merchants would not suffer when/.there is a mall out west. The man told Mr. Greco to take Boyn~on Beach right now, and a local merchant who has a dress Store. He asked Mr. Greco if he thought the local merchant would be abl~ to compete. Mr. Greco asked why couldn't the local merchant be a good competitor. Mr. Greco referred to his own city and said for years and years, there were no regional malls. The downtown merchants never painted - 24 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 their stores or did anything. Then a regional mall built and they worried about their business. Mr. Greco sincerely believed that if he owned a business, he would treat people so well and have his store looking so good, that he would not lose his customers to anybody. The man referred Mr. Greco to what happened to downtown West Palm Beach and asked what happened to it. Mr. Greco said it is all coming back. Dick Lambert, 140 S. E. 27th Place, Boynton Beach, representing the Boynton Beach Chamber of Commerce, said that the mall will be built. Mr. Lambert advised that .the Chamber of Commerce would like to have the mall in the City, The mall can be a member of the Chamber of Commerce,.whether it is in the city or not. For the tax base, the Chamber of Commerce would like to see the mall come in. Mr. Lambert urged the people not to close the door on the mall issue. As Mr. Greco pointed out, Mr. Lambert said they may have no choice in the matter. The mall will be buil~. Mr. Lambert advised that the Chamber of Commerce would be working hard with the City on the mevitalization of downtown Boynton. Mr. Lambert further informed everyone that the City Council jus~ appointed a Board to study and research and get into t~he revitali- zation of the downtown. There will be s~u~ies forthcoming. Mr. Lambert said recommendations may or may not be made for buildings to go over 45 feet. Mr. Lambert did not want-the doors closed on that possibility for the downtown area. Mr. Lambert informed the Board that the Boynton Beach Chamber of Commerce opposed 82-1. The Chamber of Commerce supports 82-5. Harry Marcus, 650 Horizons East, Boynton Beach wanted to ask a question. Assum±ng the two parcels of land that DeBartolo sold to the other two people who plan to put up office buildings (which are in the unincorporated area of Boynton Beach) build those buildings of 12 to 14 stories or 22 stor±es prior to the annexation, Mr. Marcus asked if those buildings would come in under an exception when the City annexes that particular unincorporated part. He. wondered if the City would have to accept those particular high office buildings. City Attorney Vance replied that the great probability was that they would never be annexed if they were built in the incorporated area because all they would achieve by annexation is services, water and sewer. If they are built prior to annexation, City Attorney Vance advised all they would achieve is the ability to pay City taxes in addition to County taxes, so the high probability was if they are built in the unincorporated area, they will never be annexed. In the State of Florida, City Attorney Vance informed the audience, there is a double barreled referendum approach tow~'~n~e~ation. To his knowledge, City Attorney Vance said there has never been a successful double barreled referendum annexation in the State of Florida. The only way people are annexed in municipalities is on a - 25- SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 voluntary basis, petitioning for annexation, because they see they will obtain certain benefits, City Attorney Vance continued. In a double barreled referendLLm, City Attorney Vance advised that the peoPle in the area to be annexed have the right to vote, and the annexation must pass within that area. Also,· the people within the City have the right to vote, and it must pass within that ~area. City Attorney Vance continued by saying if there is an ownership of one and there is a referendum, and that one person votes "No", there is no annexation. West Palm Beach lost'an annexation attempt about three years ago, City Attorney Vance informed the audience, so unless it is a 'voluntary petition for annexation in the State of Florida, there is no annexation. Mr. Morsch asked what if it was voluntary on the part of the peoPle who were building the buildings. City Attorney Vance replied that if they build the buildings in the County and they have the necessary services, the Only thing that they would accomplish by annexation would be to pay additional City~ taxes. There would be no other enticement. Councilman deLong added they would also accomplish the services of the City, if they were received. City Attorney'~Vance told Mr. Morsch unless they are annexed, they would not be a part of the City of Boynton Beach. Mayor Harmening announced that THE PUBLIC HEARING PORTION OF THE MEETING WAS CLOSED. Councilman deLong moved the adoption of proposed Ordinance No. 82-1 on second and final reading, seconded by. Vice Mayor Trauger. Vice Mayor Trauger asked why 82-1 should be put on referendum. He thought many people had spoken tonight and requested that he ~-~Vice Mayor Trauger) bring the item to the Council for referendum because they had purchased their homes in Boynton Beach because the-City does not have high rises, is a small toWn with low'density, and ~s not a major metropolis. Vice Mayor Trauger believed most of the people wish to keep it that way. Twice, Vice Mayor Trauger said he ran on a campaign, and so did'many others, of "low rise, low density, and represent the people not-the developers." Vice Mayor Trauger said everyone sitting on the Council had run on something similar, but he ran on the platform~of listening to the people, and that was what he intended to do. Vice Mayor Trauger was keeping his promise to the residentS on, this particular issue. Vice. Mayor.Trauger advised that he was not against growth, as many people have said, or industry or jObs, but he wanted it controlled and in keeping with the zoning regulations of the City. Vice Mayor Trauger said the referendum would give the people the opportunity to express their views on the idea. He was amazed at the roadblocks being encountered-w±th the issue toward the llth hour. Just last week, Vice Mayo~r~Trauge~ said. it had~.to be run over to the Planning and Zoning Board on Tuesday night. Council- man deLong and he were the Councilmen in attendance. This morning (January 29), Vice Mayor Trauger said he read about R. H. Macy, - 26 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 and though Mr. Greco did not want to admit it, vice Mayor Trauger informed him it was in the Sun Sentinel that R~ H. Macy wanted a 60 foot building. Vice Mayor Trauger asked why, at this late date, did they decide to brief the Council on the plans of ~the building. Vice Mayor Trauger was not in attendance to hear it, by accident, but said now he was hearing wording problems of trying to put the referendum on in compliance with~the State's Statutes. Vice Mayor Trauger noted there were more roadblocks and stumbteblooks in the last hour than he oould~ever have visualized. Vice-Mayor Trauger also wondered why the height exception is now so.urgent by the Chamber of Commerce. Vice Mayor Trauger asked'why the Council was not presented with any 'plans for high rise or low rise by office buildings prior to this to meet the needs that the Chamber says is needed for office development downtown. Vice Mayor Trauger said the.article in the SunSentinel said the City is short on office spac~ but there are approximately 19 suites open today in one of the major prOfessional buildings unoccupied and empty suites in adjacent buildings. In fairness to all of the people, Vice Mayor Trauger wanted to place both 82-1 and 82-5 on referendum. He told the audience they were the ones paying the taxes and he felt they were the ones to decide. If the people are not satisfied with the Council's~action this evening, Vice Mayor Trauger pledged to the residents, as their next elected Mayor, to place the building height controversy on referendum again with the aid of the newly elected Council, Then they could decide, the people who pay the taxes, what is best for the City. There was applause, Councilman deLong noted that 1,700 petitions were submitted to retain the present .height limitations. CoUncilman deLong felt the people are concerned with more height limitations than are.in 82-5. Councilman deLong thought some of the folks who spoke this evening were concerned with what appeared to be vagueness and ambiguity in 82~5. Councilman deLong did not believe he was elected to substitute his judgment for the will of the people. Councilman Wright felt a lot of time was being wasted'with both of the proposed ord.inances. As he spoke with Mr. Aarnow and a few people from Village Royale on the Green, Councilman Wright said it was sad that there was not a Councilman on the Council for those who feel that way. Councilman Wright said Councilman deLong and Vice Mayor Trauger could think as they wanted to. Councilman Wright thought the City would still be able to move, regardless of what decisions are made. Councilman deL0ng talked to people and recognized that .a few people come to City Hall. and express their concerns, but he said there were others that would:like to see some other things as well. Councilman Wright felt that his vote would not change. However, as Nic'k Cassandra ment~oned,:and.as Councilman Wright had been sayin~ ~ he felt the ordinances were not really necessary. Councilman Wright did feel that those people in the community that really felt very badly against losing their public people to common people who do not want to represent the community and want to put high rises right in their backyar~s or anywhere in the City of Boynton Beach, that perhaps they should take an~-~hsr look - 27 - SPECIAL CITY COUNCIL~MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 at some of the referendums. Councilman Wright thought they should consider 82-5 over 82-1, As City Attorney Vance said, Councilman Wright thought it would be wrong to take two of the ordinances to referendum. He did not think the community should be misled. Councilman Wright felt if they vOted for 82-5, perhaps the people would vote against it, which will put it back to what the City now has and where they started from. By supporting 82~5, Councilman Wright said that would give him some assurance, for those in doubt~ that they would not have a high rise~in their neighborhood, that they would have them in the commercial areas .and not ~where their homes are. Councilman Wright hoped the people could understand his rationale, since some of them felt they elected people who would not be serving the best interests of the community. Councilmember Woolley could sympathise with both sides of the ball- game but remained firm in her stand in that she preferred that neither ordinance be put on the referendum at all. Councilmember WoOlley hoped it would work out that way tonight. In the same sense~ Councilmember'Wootley stated she would like to see the flexi- bility of future Councils to,cope with-the situation like the extra floor that the mall might need~or, an extra parking lot (maybe four stories plus two in the downtown area) if the downtown area is developed. Councilmember Woolley said who~knows where people would park if the downtown area is deve%oped. She said the City would have to have a four story plus two for parking. That would be the only thing Councilmember Woolley could conceive might possibly happen. Councilmember Woolley was disappointed in some of the comments she.received. She received telephone calls asking her if she was the one wanting to build ~twenty story skyscrapers Councilmember Woolley stated she was not a builder and not a developer. She said she would be the first one to deny any such move on any builder or devetoper"s part. She also'moved to Boynton Beach because she thought it was a very pleasant place to live. Council- member Woolley continued by saying she would be up in arms if she could see a skyscraper from her h~me. She, too, w~ld fight it. Councilmember Woolley. did feel that the areas that have been designated are ones which will not bother anybody and she felt a lot of good came out of the discussions tonight, as people finally realized what it was all about. As far as Councilmember Woolley was concerned, it was much ado about nothing, and she really wished the Council would just stay with the present Qrdinance, which was 45 feet. She said, until recently, no one had ever approached her about it~ Cou~cilmember Woolley did not know who th~ person or. people were~tC~sed~s~n~eof~the~peop~e~to~-Say%h~y were azraid someone would be elected who would come in and wsnt to build skyscrapers. Councilmember Woolley had not met anyone coming up for the next election who even~:'mentioned skyscrapers or even wanted to go above the 45 foot~ height. Councilmembez Woolley did not think the people would put a person in office who was in favor of building skyscrapers in the town. She did not believe Boynton Beach was a skyscraper town. ~ - 28- SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 Councilmember Woolley hOped the people would have a little faith in the Council and also hoped-they would feel that the Council was trying to look a little bit further down the road.in the way some of them might possibly vote this evening. Mayor Harmening commented that he was still in the middle. He was put in the position of making a decision as to ~which one, if any of the referendums,was going to be presented to the voters at this time. Mayor.Harmening said he had served on the Council for o.ver eight years, and most of the decisions have been easy. Councilman deLong had made a reference to'biting the bullet. Mayor Harmening remarked in this case, it seems to be how hard to bite. Mayor Harmening skill had strong support for the 45 foot height limitation. His concern was with locking the door and throwing away the key. If the 45 foot height limitation is. presented to the voters without any exceptions, that was what they would be doing,, Mayor Harmening adVised~ Mayor Harmening was sure the referendum would pass overwhelmingly. He noted many people would say they could always have another referendum and charge it. Mayor Harmening doubted that that would ever happen. Although he heard over and over, ":You represent the people", MayorHa'rmening believed aresponsible elec%ed~official sh~ould~carefulty StUdy each issue and vote'to the best of his ability for the best'interests of all of the people. Mayor Harmening said the Council usually has much more background information given to them than the public at large. Mayor Harmening stated that his term of office was nearly over. He had no place or plans to run for~any office at this time. Mayor Harmening reminded the people that they are not welt served by any elected official who casts every vote with only the political ramnifications in mind, as it is plainly self-serving. Mayor Harmening was aware that many condominiums put him in the chair, and not the Chamber of Commerce, and he felt a loyalty and responsibility to the people in those communities. Mayor Harmening said he spent a great many hours and restless nights pondering over the issue. His roots are in Boynton Beach and most of his adult life was'spent in Boynton Beach. Mayor Harmening said his children also grew up here and he intended to make Boynton Beach his final resting place. He continued by saying the majority of the people in ~the room will not be here twenty years from now, so his decision should be one that would be best for those who would be here. Mayor Harmening knew the people would not be happy with his decision, but he had made a decision, and he asked Mrs. Padgett to call the roll. Mrs. Padgett took a roll call vote on proposed Ordinance 82-1: Councilman Wright - 'No Vice Mayor Trauger - Aye Councilman deLong - Aye Councilmember Woolley - No Mayor Harmening - Aye - 29 - SPECIAL CIT¥COUNCIL MEETING BOYNTON BEACH~FLORIDA JANUARY 29, 1982 Motion carried 3-2. There was loud applause, and Mayor Harmening said there would be no outbursts. Mayor Harmening said any discussion on 82-5 would be superfluous since it was the City Attorney's opinion that both could not be put on the ballot at the same time. Since the item was on the Agenda, City Attorney Vance thought the Council' should dispose of either by vote or tabling it. Councilman deLong did not think it should be tabled. Mayor Harmening asked if there was any discussion a/nong the Council on 82-5. Councilman Wright felt the Council just made a terrible mistake by supporting 82-1. Councilman Wright said he was praying he would be here doWn,the road~ Councilman Wright said there may be need that it could be changed. He remarked that things do chan~e in communities. People make decisions and find out later they are not the best ones, and they should be big enough to say they need to take another look at that. Councilman Wright did feel it was confusing to place two such items~for referendum. He thought they should decide on either one of the proposed ordinances. Mayor Harmening advised that sometimes it is 'necessary to have a little flexibility available. Councilman Wright said they made a decision to take one only. Councilman WEight moved to reject~proposed O~inanCe.82~.5, seconded by Councilman deLong, ~n second a~d~.~.final~rea~ing.:~- Councilman Wright Vice Mayor Trauger Councilman deLong Councilmember Woolley Mayor Harmening Aye Aye Aye No Aye Motion carried 4-1 to deny proposed Ordinance 82-5. Proposed Ordinance No. 82-6 Re: Holding of a Special Bond Election in Conjunction with Regular Municipal Election "AN ORD/NANCE 'OF THE CITY COUNCIL OF THE CITY OF BO1RNTIY/~ BEACH, FLORIDA, PROVIDING FOR THE HOLDING OF A SPECIAL BOND F~,~CTION IN CONJIA~TION WITH THE REGULAR ~JNICIPAL EL~YCTION-IN THE CITY OF BOYNTON BEACH ON MARCH 2, 1982, AND D~IARING THAT THIS ORDINANCE SHALL TAKE EFFECT /~EDIATELY UPON ITS ADOPTION." City Attorney Vance read proposed Ordinance No. 82~6 in its entirety. City Attorney Vance interrupted hi's ~eading of the ordinance to tell the City Clerk, Tereesa Padgett, that the only way the ~ City could make ~sure to run the ordinances on referendum - 30 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 was to put both of them in the Post, The 30th was the last day they could run the ordinance and meet the State deadline, so City Attorney Vance informed the people that they would see both 82-1 and 82-5 running tomorrow (January 30 following four weeks. City Attorney mechanically, there was no other way refused to have a blank page in the p but it would, in fact, be a nullity. way it could be accomplished. Mayor Harmening told the audience the proposed Ordinance 82-6 on second and anyone wished to speak in favor of th asked if anyone wished to speak in op ordinance. ). Only 82-1 will. run the Vance furt.her said that because of~doing it, as the Post ~per, 82~5 would also be seen It was the only mechanical had heard the reading of final reading and asked if proposed ordinance. He ~ositiOn to the proposed Mayor Harmening announced that THE PUl Councilman deLong moved the adoption ~ on second-and final reading. Mrs, Pa, on the motion, as follows: Councilman Wright Vice ~Mayor Trauger Councilman deLong Councilmember Woolley Mayor Harmening ~LIC HEARING WAS CLOSED. ~f proposed Ordinance 82~6 ~gett took a roll call vote Aye Aye Aye Aye Aye Motion carried 5~0. CITY ELECTIONS Receipt of Nominating Petiti'ons Tereesa Padgett, City Clerk, read a mE~morandum addressed to the City Council from-her, .dated January candidates, which was in accordance wl Beach Code of Ordinances. She submitt filed nominating petitions for electi( "1. Derle B. Bailey Dist 2. Joe deLong Dist !7, 1982 pertaining to the ~th Section 2-42 of the Boynton ~ed ~he following, who have ~n to City Council: _~ict 4 rict 2 3. Bob Ferrei1 District 2 4. Gene Moore Dis~ict 4 5. James R. Warnke Dis~ict 4" Councilman deLong moved to approve an~ accePt the nominating petitions submitted by the City Clerk; seconded by Councilman Wright. Motion carried 5-0. Proclamation of Primary Election Mayor Harmening read the proclamation that a primary election to - 31 - SPECIAL CITY COUNCI'L MEETING BOYNTON BEACH, FLORIDA JANUARY 29, 1982 vote for one Council Member, District 4, will be held on the 16th day of February, 1982. The voting hours are between 7:00 A. M. and 7:00 P. M. 'Mayor Harmening read the Proclamation in its entirety. List of Pollworkers · ereesa Padgett, City Clerk, submitted a list of ~esidents who signed up to serve at the polls. Councilman deLong moved to accept a~d approve the list, as sub- mitted by the City Clerk, seconded by Councilman Wright. Councilman deLong called attention to No. 72, on page 2 of the list. Councilman deLong informed Mrs. Padgett that Mildred O'Boyle has moved from 1002 S, W. 4th Way and has been living in New York City for the past couple of months. Mrs. padgett advised the list had been sent to the County for verification and should be back in the hands of the City Clerk by Monday, February 1, 1982. Mrs. Padgett explained to Counc±lm~mber Wootley that the list contained names of people who have .asked to serve, ~tl of them will not be needed. Mrs. Padgett said only one from a family would be us~,~d they~wo~ld~.try t~'keep'ev~e~y~o~rewithin their own p~ecinct. Mrs. Padgett further explained that the names have been on the list for over a year and some of the people will not be available, Mrs. Padgett asked if there were any further directives the Council wished her to follow. Vice Mayor Trauger asked that the name of Sarah'B, Goldberg, 1317 S. W. 17th St., No. 40, be~-~e~ve~f~m ~h~e ~l~%,~Since~ the list had been approved, Vice Mayor Trauger said he would let it stand. The motion carried 5-0. ADJOURNMENT Councilman Wright moved, seconded by Councilmember Woolley, to adjourn. Motion carried 5-0. The meeting.was properly adjourned at 10:00 P. M. CITY OF BOYNTO~_BEACH / //'~? Mayor - 32 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ATTEST: JANUARY 29, 1981 City Clerk - 33 -