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Minutes 11-16-76MINUTES OF REGULAR CITY COUNCIL MEETING OF TF~ CITY OF BOYNTON BEACH~ FLORIDA, B~ IN CITY HALL, TUESDAY, NOVE~BER 16, 1976 PRESENT Joe DeLong, Me, or Joseph F. Zack, Vice ~4ayor Edward F. Harmening, Councilman Emily M. Jackson~ Councilwoman Norman F. Strnad, Councilman Frank Kohl., City Manager Tereesa ?adgett, City Clerk Robert B. Reed, City Attorney Mayor DeLong welcomed everyone and c~!ed the meeting to order at 7:30 P. M. He requested everyone to please arise at the sound of the g~vel for the Invocation given by Mr. Frank Kohl, City Manager, and to please remain standing for the Pledge of Allegiance to the Flag led by Councilman Norman Strnad. Announcements Procle~ation - Human Rights Week Mayor DeLong read a proclamation proclaiming December 6 thru 12, 1976~ as Human Rights Week. Safety AweL~d Recognition - Sewage Treatment & Water Plants Election of !~. Perry Cessna, Utilities Director, as Vice President of Florida Pollution Contro~ Association Major DeLong read the attached memorandum dated November ~, ~976 from Perry A. Cessna, Director of Utilities, to Frard~ Kohl, City ~nager. Mayor DeLong added that at this time, the Chair on behalf of the members of the City Council ex- tends sincere congratulations to M~. Cessna for both awards. Chamber of Commerce Resolution - Re. Signs on ~ 95 Msyor DeLong ascertained that the members of the Co~ucil had an opportunity to review the Chamber of Co~nerce Resolution. He stated that from all indications, the Chair believes a motion is in order to instruct the City Attorney to draft an appropriate resolution to coincide with the resolution presented by the Greater Boynton Beach Chamber o~ Commerce relative to signs on 1-95. ~. Strnad so moved: seconded by M~s. Jackson. Under discussion, M_~. Strnad referred to this being the second resolution being sent as more than a year. ago, he requested a resolution asking for the same thing. Hopefully they will have better luck this time. ~s. Jack~on told about attending a meeting with ~. Zack aud $~a.~Phil Lewis advised them that he was also going to try to do some- thing. Motion carried 5-0. Other Mayor DeLong requested anyone present in the audience wishing to address the Council on any item on ths agenda to kindly step forws~d and give their name ~nd Fhat item they wish to talk about to ~s. Padgett and when the proper tLme comes when that item is the order of ous_ness, they will be called ~pon. MINUTES - REGULAR CITY COUNCY~ ~ETiNG BOYNTO~ BEACH, FLORIDA NOVEMBER t 6, 1976 MINUTES Regular City Council Meeting - November 2~ 1976 The members all passed when called upon for comments. ~. Zack moved to adopt the M~nutes of the Regular City Council Meeting of November 2, 1976, as submitted, seconded by Ma. Harmening. Motion carried 5-0. Special City Council Meeting - November 9~ 1976 Mayor DeLong called upon the ~embers. Ma. Zack passed a~ud M~. Hs~mening abstained. M~s. Jackson referred to Page 2, second paragraph, and advised that Joe Rosnick was not on the list submitted by M~~. Strnad. M~. Strnad passed. Mm. Zack moved to adopt the Minutes of the Special City cil Meeting of November 9, 1976, as corrected. Motion car- ried 4-0 with ~. ~armenmng abstaining. ~yor DeLong announced a motion was in order to suspend the regular order of business. M~, Harmening so moved, seconded by M~. Zack. Motion carried 5-0. L~AL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 76-52 - Re: Setting Forth Conditions Under ~hmcn a Single Fa~ily Residence & Customary Accessory Buildings May Be Erected on a Non-conforming Lot Mr. Reed read Ordinance No. 76-52 by caption only and noved that the reference to Ordin~ace No. 76-19 should be 75-19. Mayor DeLong asked if at, one present wished to speak in favor of this ordin~ce amd received no response. He then asked if anyone present wished to spe~ in opposition and received no response. ~. Zack m~ ~d . ~ _ ~v~ the adoption of Ordinance No %-52 on second reading, seconded by Ma. Harmening. No discussion. ~s. Pmdgett took a roll call vote as follows: Councilman Harmening - Aye Counci!wo~an Jackson - ~e Councilman Strnad - Aye Vice M~yor Zack - Aye Mayor DeLong - Aye Motion carried 5-Oo -2- T ¥~ER 1976 MO ~ ~ 16, Ordinances - 1st Reading Prooosed Ordinance No. 76-53 - Re: Providing for Adjustments of ~he General Fund, Federal Revenue Sharing Fund, Publicity Fund and Operating Capital Improvement Fund for the Fiscal Year Ending September 30~ t976 ~. Reed read proposed Ordin~uce No. 76-53 by caption only. Mrs. Jackson moved the adopvion of Ordin~ucs No. 76-53 on first reading, seconded by M~. Zack. No discu~siono M~s. Padgett took a roll call vote as follows~ Councilman Harmening - Aye Co~ucilwoman Jackson - Aye Councilman Strnad ~e Vice M~yor Zack - Aye !~or DeLong - Aye Motion carried 5-0. Resolutions Prooosed Resolution No. 76-ZZ Re: Authorizing ~ecution of AgrSement to ?artici~ate in ,,Cooperative Dispatch Center" (Ta~led) M~. Reed referred to Reso~tion No. 76-ZZ having been tabled and advised that since he nor the City Ma~uager had heard anytnmno f~rther, they suggest it be left on the table. Proposed Resolution No. 76-~ - Re: Designating as S. E. 2~th Ct. That Portion of S. E. 1st Place . ~. Reed read proposed Resolu~mo_ No. 76-i~KK by caption only. Mr. Zack moved the adoption of proposed Resolution No. 76-~K, Harmen~_~. No discussion. ~h~s. Padgett took seconded by Mr. ~ a roll call vote as follows: Councilman Harmening - id~e Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Resolution Paramedic Officer No. 76-LLL - Re; Establishing Position of ~o. 76-LLL by caption only. Reed read proposed Resolution ~T -3- MIh~STES - REGULAR CITY COUNC_VL ~EETING BOYNTON BEACH, FLORIDA NOVEmbER t 6, 1976 Mrs. Jackson moved the adoption of Resolution ~ 76-LLL, Zac_. Under d~ocuss_on~ Mrs. _a~gett as_.~edW seconded by Ms. ' k ~ ' ~ ~ ~ ' if they needed an effective date in Section 3 and Mr. Reed referred this cuestion to Mr. Sullivan. ~. Sullivan in- formed them that it should be effective immediately, ~s. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jack, on - Aye Councilman Strnad - Aye Vice ~yor Zack Aye ~or DeLong Aye Motion carried 5-0. A~ this ~_me, Ma~or DeLom~ suggested goir~ back to ~mb!ic Audience as approximately ten minutes' time remained before the Public Hearing scheduled at 8:00 P. M.H He announced a motion was in order to revert back to the regu!e~ order of business. M~s. Jackson so moved, seconded by M~. Harmening. Motion carried 5-0. PUBLIC AUDIENCE ~. Ford Carter stated his name and his address as 1002 S. W. 24th Avenue. He informed the Council that he was here because of the sewer situation and advised that several people were present in reference to this in the Golfview Harbor Subdivi- sion. They are the first residents who moved to Golfview Harbor approximately 15 years ago. The City began putting in sewers about four to five years ago mud they were anxiously waiting to tie in. They were advised about one to two years ago that they would be the last people allowed to tie in be- cause of a problem with the lift station. It seems all the other people were allowed to hook into the sewer and were granted a 60 day period before being chsa~ge~ the hookup fee. Last month, the people on 24th Avenue and loth Street re- ceived a notice with their water bill that they now had to hook up within 30 mays and received a ~ill for the sewer. They were not told they could hook up before. He third~s they should have the same privilege of hook~ng ap within 60 days without paying ~he hookup fee of $250. It is an extreme hsm~dship on some people with a 30 day notice mad they were never advised about this. Mayor DeLong added that he had received a comolaint in refer- ence to this from Henry Valero, 2302 S. W. loth Street also. He requested the City Manager to explain the procedure used in sending out these notices. M~. Kohl stated that he had spoken to M~. Carter amd had tried to inform him and help him. ~ey do have an ordinance on the book~ stating that everyone hooking up to the sewer system in MINUTES - REGULAR CiTY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVE~ER 16, 1976 Boynton Beach pays a $250 hookup fee. In his conversation with ~. Carter, he was told that people over the years did not pay this fee or only $100. He, as City ~nager, cannot make any changes on his own. If the City Council wants to change the ordin~uce, it is uo to them. He must obey the rules and regulations. ~. C~rter clarified that he was only talking about the neople living in Golfview Harbor at the same time the sewers were installed alad were denied hooking up when the other people could. Mayor DeLong asked if there would be any conflictions with ~the bonding resolution and ~. Kohl replied that he was quite sure there would be. Mayor DeLong suggested seeing what kind of definitive decision could be arrived at. He believes they should get an opinion from the City Attorney ~ud ~so have the City Attorney explore the possibility of a special excep- tion being made for these people in this area who through no fault of their own were denied hooking up and now have to suffer with this increase. They should f~ad out what effect this will have on the bonding resolution and if there is a possibility of aD~~ adjustments. Mr. Carter replied that he appreciated this a~ud feels they should have the same privi- lege. Me$~or DeLong explained that they must follow procedure and the City Attorney will check if justice can be done. Mms. Jackson questioned the approximate number of residents involved and ~. Mohl replied that he did not know at this time, but would have a study made. Mayor DeLong announced that ?~. Kohl would make a thorough study of the entire sit- uation ~ud the City Attorney will come back with a legal opmnion regarding the bonding resolution and the possibility of any recon~liation of lowering the fee. M~s. Jackson euestioned the bill received and l~m. Carter informed her that he received a bill with his October water bill and a notice to hook up within 30 ~ays, but during the past two to three years, they were told they could not hook up. 5~s. Jackson questioned how they could be billed for something they did not receive and Msyor DeLong asked the City ~ttorney if this Council would be in order to declare a moratorium on payment at the present time until a decision is received from the City Attorney. ~. Reed replied that he thought a temporary moratorium would be appropriate, but it would have to be definitive to whom the moratorium is going to apply. M~. Carter stated 'that it should apply to the people with homes existing when the sewers were put in. Mayor DeLong suggested that the City Manager present a list to the City Council so they c~au declare a moratorium with those soecifics. ~.~. Reed suggested that timewise, it would be more-appropriate for the City Council to instruct the City Manager to notify the occupants of those homes which were in at that time of the sewer installation that until further notified, the Council has granted a temporary mora- torium in respect to hooking up to the sewer. MINUTES - ~EGUL~L~ CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1976 Mr. Strnad so moved, seconded by Mms. Jackson. Mayor DeLong clsm~ified that it had. been moved ar_~ seconded to direct the City P~nager to contact the people in this particular area a~ud tell them there will be a moratorium declared on the pay- ment of the sewer charges until they receive f~urther notice. Under discussion~ Mms, Jackson referred to this same thing happening in the Las Pa!mas Park s~ea ~d M~. Kohl agreed. Mayor DeLong stated that included in the motion would be any other areas which appeal to the City Manager. ~. Ca_~ter added that he is sure he spoke for the people in his area and they will be delighted to hook up to the sewer if given the same opportunity as the other homeowners in the same area. M~s. Padgett then took a roll call vote on the movion as follows: Councilman Ha_~mening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice ~or Zack - Aye M~yor DeLong - Aye Motion carried 5~0. PL~L IC ~RING Rezonir~ Request Address: Lots 21 Applicants: Request: and 22, Cre~iew S/D Lot 21 - 2312 S. E. 3rd Street Lot 22 - 335-337 S. E. 23rd Avenue Lots 3-t0 incl. - Robinson Addition 403-515 S. E. 23rd Avenue Louis L. Spano, Lots 21 & 22 Marie L. Croft, Lot 3 Louise Thompson, Lots 4 & 5 M~s. Susie Sporysz, Lot 6 Leslie Yasser, Lots 7 & 8 Jos. A. Sciortino, Lot 9 A. S. Davis, Lot 10 Rezone to C-3 from R-3 for Co~ercial Use ~. Mohl informed the Co~cil that the Ple~ning & Zoning Board at their Regular Meeting of November 9, t976, unanimously re- commended denial of the above reeuest based on the small size of the lots, the non-conforming navure of the existing build- ings, the established residential nature of the neighborhood ~ud the lack of adequate p~king facilities. The motion to deny was made by ~. Lambert and seconded by ~. ReisS~. Mayor DeLong asked if a~yone present wished vo speak in favor of this particular request. -6- MINUTES - REGU,~.~ CIT'ff COUNCIL ~ETING BOYNTON BEACH, FLOR?DA NOVEMBER 16, 1976 16r. Louis Spano stated his name and his address as 333 S. E. 23rd ~venue. He informed the City Council that he was re- presenting the people that petitioned the Zoning Board for a change of the zoning. There are ten lots in question in the area on the south side of S. E. 23rd Avenue which are bordered on the east by C-3, on the west by C-2, further up the street bordered on both sides of the street with C-1 which is all private homes, mad bordered on the south by C-3. In 1975, when the City Council decided to rezone the City of Bo~aton Beach in the master plan, all the neighbors he spoke of were R-3. In R-3~ they allowed doctor and dentist offices m~.d other clean commercial establishments. When the zoning was changed, these ten lots in question wets excluded and were left in R-3, all bordered with coma~ercial endeavors. They cannot figure the reasoning. They looked at the plan before the zoning was passed and it was proposed to make it all C-3. They realize the Zoning Board said there would be no parking, but the other areas were rezoned to C-3 without par!ming. He explained how 23rd Avenue was heavily travelled and going commercial. In reference to parking, if two or three lots were sold together, there would be room for adequate parY_ing. The City Council members are the elected officials ~d it is their obligation to determine whether what they ~e ~k~ing for is right or wrong. The majority of the people do not want to change the area, but are looking to protect their property rights. If the area goes commercial, they just want the same property rights. Mr. Louis ?reiditsch stated his name and his address as 800 Canary Walk, Gulfstream. He game M~s. Padgett a letter ~uthorizing him to speak for his invalid wife, the owner of Lots 10, 1~ and 12, located within 400 ft. of this rezoning request. He referred to 23rd Avenue being a designated street for a bridge road and also a main route to the west. He then told how he felt this area would be good for ser- vices. He does not think it is a big deal in order to have to make some changes to meet the parking requirements. ~nese people w~ut to change over and they are in a mish-mash with all commercial areas and he thinks they have the right. His opinion is that anything from the railroad to the highway should be commercial. He does not think this situation turned down by the Plar~uing Board was gone into deep enough by them to recognize the needs of services. He does not have e~y ob- jections at all. ~. William Fiorentino stated his name a~ud informed the Coun- cil that he owns property on tn~ south side of 23rd .~_venue which is designated C-3. He does not see a~uy difference be- tween the property on the north and south side. The sam~e right should be given to the property on the north side. He has no objections. -7- NOVE!~BER 16 , 1976 MINt~TES - REGULAR CITY COUNCIL ~ETI~G BOYNTON BEACH, FLORIDA M~yor DeLong then asked if anyone wished to speei~ in opposi- tion and received no response. ~. StrP~d requested the City Co~uucil to acknowledge a favor- able request for these people wanting this cha~age and M~s. Jackson seconded this as a motion. 5~or DeLong clarified that it had been moved and seconded to grant the request of these people for rezoning from R-3 to C-3. Under discussion, Mayer DeLong stated he could not understand wuhy this was turned down by the Plar~uir~ & Zoning Board. The City is responsible for taking the whole street. It has to be com- mercial from U. S. 1 to Seacrest, but it was spot zoned with leaving this particular parcel out. They have been struggling to do away with spot zoning. This is a reasonable request. R-3 will be to the north which will be a buffer for this com- mercial. He c~not understand why this was bypassed parti- cularly with a commercial operation right across the street. ~hy not make it all commercial? it shouldb~e made compatible with all the zoni~ug. There is no such thing as not having enough psmk_ing. There is not one individual on either side of the street living in a fa~ly house that has the intention of trying to develop his particular lot into a co~ercial use. It cannot be done ~ad cannot be claimed a hardship. This street has been laid out as commercial and it is a lhng range plan. The people won't run out tomorrow ~ad start commercial operatiOnS. Developers will buy up the n~cessary parcels cz land to develop the parcels as C-I, C-2 or C-3 to meet the zoning requirements. He believes this is long overdue. ~ey should eliminate spot zonir~ and would do so by overriding the recommendation of the Plar~ing & Zoning Board. M~. Zack stated that he checked this area and some rather new homes have been built in the past few years ~ud there are only two vacant lots, _,=hey have been residential and it is still cls~sified as residential. He then asked why this was not brought up to the Planning & Zoning Board when they had their meetings. He feels these people had the che~ce and should have gone before thePPlanning & Zonir~ Board. The Planning & Zoning Board worked on this and voted denial. It is residential and he feels it should be kept that w~. In changing to C-3, it is causing a hardship and they must go to the Boardoof Adjustment for a varia~ce. ~yor DeLong referred to prevailing upon the former ~jor to have a joint meeting with the Plannir~ & Zoning Board to discuss the rezoning thoroughly. They were denied the joint meeting and there was confusion with the oublic hear- ings held. He believes in order to get out of a bind, they decided to pass it end take care of the inequities at a later date. M~s. Jac~on added that they were under a time limit with the Area Planning Board and had to have a plan for the county. -8- NOVEmbER 16, ~ 976 MINUTES - REGULAR CITY COUNC~ M~ETING BO~NTOM B_~H, FLORIDA ~. Strnad stated he believes they are charged here tonight with correcting a grave error. This particuls~ piece of land was ~_ oversight and a bad error was made e~ad he thir2~s they should correct it. Mrs. Jackson referred to tryir~ to keep. the sewer and water down sm~d she believes C-3 would use less water and sewer than R-3. M~. Zack referred to the m~ in~quities mentioned an~ stated he believed it should be brought to the attention of the Plsau- ning & Zoning Board to be corrected. Mayor DeLong replied that they will get it corrected ~ud with the aid of the City Planner now, this will be corrected. Mms. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - No Mayor DeLo~ - Motion carried 4-1. Me, or DeLong added that the City Attor- ney was instructed to prepare the appropriate ordinalaces. Mms. Jackson moved to return to the regular order of business, seconded by PL~. Zack. Motion carried 5-0. LEG~_L (Continued) OT~R ~. Reed referred to being instructed by the Council at the last meeting to look into the matter of preparing the appro- priate instrument regarding the elimination as a policy of City Council meetings which would be held simultaneously on a day when national, state or local elections e~e held affect- ing the citizens which conflict with holding meetings. He has reviewed the provisions of the municipal chsa~ter a~ud finds that this matter is up to policy discretion of the City Co~cil. T~e~C=.y~ Council can estaol_sn~ ~ ~ appropriate rules of procedure as long as two regular meetings are held each month. If it is the pleasure of the Council not to hold a meeting on the same day as an election affecting the residents:of the City, he would suggest that the Council establish a policy by motion. Mayor DeLong requested the feeling of the members of the Council. He asked if they would rather have a regular meet- ing on December 7 or one day after? l~s. Jack, on replied that she thought the evening after would be appropriate as they could canvass the vote. ~. Harmening agreed. -9- NOVE~ER 16 , 1976 MINUTES - REGUL~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Mayor DeLong announced a motion was in order that the next regular meeting of the City Council will be held on Wednes- ds~, December 8 at 7:30 P. M. &nd he requested the City Manager to make certain that no public hearings will be scheduled for December 7, but should be for the following day. M~. Zack so moved, seconded by M~s. Jackson. Motion carried 5-0. ~r. Reed asked if the Council cared to m~2~e a general policy statement to eliminate meetings in the future on election nights? ~s. Jackson re£erred to previously just simply voting to char~ge the regular meeting night from No~ay to Tuesday. Mayor DeLong stated that if an election comes up, he fsels the City Council shouSd have the privilege to make the decision then if they desi_~e to hold the meeting the followir~ night. Request by Councilman Norman Strnad ~. Strnad referred to when he moved here in 1960 and he was permitted to do construction work on his particular co~mmer- cial piece of property as long as he conformed to all City codes and regulations. Recently, it has been brought to his attention that property owners of commercial properties are being denied working on theLr own properties. As long ~£ the work is being performed to the code, he cannot understand this and why a licensed contractor must do it. He would like to know if this has been changed in the last few years o~ what. He would like to know if the law is the same as when he ca~ here in t960. He continued with telling about people using licenses of other contractors to build commercial build- ings and selling at a profit, which he is not in favor of. However, if a man lives on the property and it is done accord- ing to the code, he does not see why it is not allowed. ~myor DeLong agreed that the owner at one time was privileged to make his own alterations as long as he complied and sub- mitted a sketch and obtained a permit. He requested the Building Official to an~er this. ~. Howell informed them that the Boynton Beach addendums prevent this. He explained how the Federal Government was requiring this ~ud it would be uniform throughout ~alm Beach County. They also have had proble~ in the past with owners doing this ~ud it ~st be taken into consideration that the public uses commercial buildings. To the best of his knowledge, most all municipalities have outie~ed owners of co~_~erclal buildings doing their own structural work. When he came here, the City did not allow an owner to do non-structure work, but they do allow it now according to the addendum. -10- MI~JTES - REGL~-~R CiTY COUNCIL t'~ETING BOYNTON BEACH, FLORIDA NOVE~ER t 6, 1976 Mayor DeLong referred to o~e~doing the work and payir~ gen- eral contractors for the use of their licenses and Mr. Howell replied that this was illegal a_ud explained how it was h~d to prove~ but tt State inspectors were checking on it. They disc~sed this practice further. M~yor DeLong then asked if the system was cha~uged whereby the owner was privileged to do all the work and ~. Howell in- formed him that an owner can build his own house or duple~ as long as he is going to live in it, but he cannot build a commercial building that the oublic is going to use. ~. Strnad referred to the mention of running into problems and stated if the building was inspected properly, it would eliminate the problems. ~r. Howell replied that this was the only reason he could give for the adoption of the addendums by then~unicipelities. He told about some problems and how something could be ir~pected 100 times and still not be right. M~. Strnad clarified that he was talking about people caoable of doing the work and Meyor DeLong replied that they were not allowed to do it on commercial buildings for public use. M~. Harmening asked if the Hotel and Restaurant Cc~mzission started this and M~. Howell replied that he believed they were the first instigators. M~. Harmenim~ continued that his main reason of not being in favor of it is because of the orobler~s which they have run into r~_king more work for the ~uilding Dept. ~. Howell reolied that he was just sim- ply stating that unless they stoo~ and guided some people s~ud supervised the job, it would never get done. Mr. Harmening remarked that they should never let it get done then and added that he would never deny a man the right to build what he wants, i~. Howell informed him that they would have to msm the Building Dept. heavily if they were going to let commercial work go that way. ~. Strnad stated that if he now decided to build something on his commercial property~ he could do it by p~-ing $500 to a general contractor and use his license. ~. Howell in- formed him it was illegal to buy a license mud this proce- dure was discussed further. First Aid Station Mayor DeLor~ requested Mr. Kohl to make a revisw of the correspondence with regard to approachir~ a~?~y action on the first aid station at the beach, so there won't be any loop- holes for them to squirm out of. He requested the City Council's agreement to turn this over to both the City Mana- ger and City Attorney. If something has been neglected in the ~ast, they should take care of it immediately. The members expressed their agreement. -11- See P. 2 Minutes of 12/8/76 SeeP. 3 12/8/76 Minutes MINUTES - REGUI~,~_~ CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA NOVEI~ER 16, 1976 Request for Ma? Mayor DeLong stated that for three ~o four years, he has been one of the staunch advoaates to have a map of the City to hang on the ceili~ which could be pulled down for the peopl~ in the audience to view. He referred to the rezoning request previously and how the people were not aware of what area was being discussed. Ad Hoc Committee Pension Report - Vice M~yor Joseoh F. Zack P~. Zack told about the numerous meetings held by the Pension Ad-Hoc Committee. it was their general opinion that the Den- sions need upgrading. They upgraded all three and still re- mained below the budget approved. He then introduced ~. Kenneth Kribs, Finance Director, to explain the costs and funding for the Employees' Pension Plan. Mr. Eribs then read the attached sheet containing the Proposed Amendments and Funding. M~yor DeLong pointed out that the plan they are operating under at the present time is a plan which provides practi- cally little of nothing for the retired employee after many years of fruitful ~nd devoted service of being a public ser- vant. It would appee~ to the Chair that this upgrading and updating of benefits are long past due. Ee thinks it hs~ been the general conse~s~ of the entire com~ttee, not only the Ad-Hoc Committee but also the Firemen, Police and Gen- eral Employees Pension Boards, that this is long overdue. A person could work for the City for 25 to 30 yea_~s ~ud would wind up with little of nothing. ~. Kribs agreed. Mr. Spielberg referred to the availability of funds a~ud Mayor DeLong replied that he believed they did have sufficient funds available. He continued that improvements are most important. It raises the standards of the City ~ud has been long overdue. He thinks they are headed in the right direc- tion..They have first class employees and first class ser- vice and should have first class pension rights. ~. Zack moved to recommend the adoption of the proposed plan as presented by the general employees and to instruct ~he City Attorney to prepare the necessary legal documents to put this in operation. M~s. Jackson seconded the motion. Mayor DeLong clarified that it ha~ been moved and seconded that the City Council approve or accept the upgradi~ or updating of the pension plan as s~emitted by the Ad-Hoc Com- ~ttee for the general employees emd instruct the City Attor- ney ~o prepare the legal instrument for approvs~. No discus- sion. ~s.'Padgett took a roll ca~l vote asffollows: -12- MINUTES - REGULAR CI~f COUNCiL F~ETING BOYNTO~ BEACH, FLORID.~ NOVE~,~ER 16, 1976 Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman S trnad - Aye Vice ~ayor Zack - ~ye Mayor DeLong - ~e Motion carried 5-0. M~. Zack then referred to the pension plans for the Police and Fire Departments and advised that they could be combined in the report, b~t not in the pension plans. After investi- gation, they have decided to upgrade these plans, but not as extensively as the general employees. He then called on Deputy Chief William Hamilton to give the report. Deputy Chief Hamilton advised that there were two majom ~eas to be considered which are disability and average wages upon which benefits are based. In the areas of disability at the present time, only employees with ten years' service ~e covered at all. This needed immediate attention. M~yor DeLong agreed. Deputy Chief Hamilton continued with explain- ing their recommendation to change the average wmges upon which benefits are based. He then read the attached costs for the recommended Police & Firemens Pension Plans. He added that they her~e also asked, per his memo dated November 10, for ~he Cmty to may the existing bill to Eruse, O'Connor, and Ling, Inc., Consultants and Actuaries, who did the study. At ~uresent, they owe them $1,355 a~ud would also like the City to consider having them write the ordinances for an additional estimated cost of $300 to $400. Mayor DeLo~ then read the attached two memorandums dated Nover~£oer 10, 1976, regardir~ Pensio~ ImDrovements. He stated that these cleared the air insofar as all the mercers involved. He clarified that they did take a poll of the de- partments and everyone is in favor and Deputy Chief Hamilton replied that they took a po~l about six months ago and the Board gave him the authority. Mayor DeLong asked if there was any disagreement and Deputy Chief Hamilton replied: no. M~yor DeLong announced a motion was in order to accept the recommendations of the Municipal Police Department Retire- ment Fund Board of Trustees insofar as pension improvements including the payment of the actuary fees by the City. Zack so moved, seconded by M~s. Jackson. No discussion. M~s. Padgett took a roll call vote as follows: Councilman H~mening - Cou_uciiwom~n Jackson - _&ye Councilmala Strnad Aye Vice Mayor Zack - Aye Mayor DeLong Aye Motion carried 5-0. -13- M~i~JTES - REGULAR CiTY COUNCIL ~ETING BOYNTON BEACH, FLORIDA NOVE~ER ~ 6, 1976 Y~yor DeLong announced a motion was in order to accept the recommendation for the pe~ion improvements as submitted by Fire Chief C. E. ~right, Secretary & Treasurer for the Muni- cipal Firemen's Pension and Trust Fund Board of Trustees and pay any fees that may be due to the actuary for the perform- ance of his work shall be paid by the City. ~. Zack so moved, seconded by M~s. Jackson. No discussion. M~s. Padgett took a roll call vote as follows: Counci!ma~ Harmening - Aye Councilwoman Jackson - ~~ye Councilm~ Strnad - ~e Vice Mayor Zack - Aye Mayor DeLong - Ays Motion carried 5-0. ~. Zack then th~ed the Ad-Hoc Committee. He added that ~here were no arguments and they were very agreeable after being told what money they had to work with. He thanked them for their cooperation and good work. M~yor DeLo~ announced that the Chair would like to discharge this Co~mittee at the present time with a vote of thanks for the work which was performed. He was on the scene and =knows of the multitude of meetings held ~_ud certainly devotion o~ duty beyond call. A terrific job was done. He can testify and ver_~y that each and every one was dedicated and came up with a plan that everyone c~u be proud of. He hereby dis- charges this Committee with a vote of thard~s and prevails upon the City ~'~uager to forws~d a certificate of apprecia- tion to each menaber for a job well done. ~. Spielberg thanked him, but advised there was one ur_fin- ished piece of business. During the 35 meetings during the year, several times the question was raised in reference to pulling out of the Social Security system. He told ~oout several cities having done this. It is the Co~mittee's sug- gestion, on behalf of the employees of the City of Boynton Beach, that this Co~cil consider getting out of the Social Security system. Mayor DeLong referred to the Committee m~k~g a study of this ~ud ~. Spielberg replied that they did discuss it, but are referring it to the Council. Mayor DeLong stated that he thought the Co~mittee in the course of meetings smd upon the advice of the actuary had pointed out the benefits to be derived. He understands an applica- tion has to be made and will not take effect until two years after notifying the Federal Government. He suggested that the Councilbe given all the information regarding the im- provements and he guarantees that the Council members will explore it. M~. Spielberg agreed that both actuaries felt -14- M~U~S - REGUI~.R C!~f COU~iC~ ~T!NG BOYNTON ~ ~ BEACh, FLORIDA NOVEmbER 1 ~ 1 976 they would be much better off to get out of the Social Seco~- ity system, if the Council sees fit to proceed with this sug- gestion of the Ad-Hoc Committee, he would be pleased to work with the Committee, Mayor DeLong suggested that the actuaries be requested to gfi~e the exact benefits they feel would be de- rived from severing relationshio with the Social Security system. ~,~. Spielberg replied ~hat they would receive this information in writing. Consider SupptementaiAgreement No. 5 to Russell & Axon Engineerin~ Contrac~ ~. M~lt Hallman, Vice President of Russell & Axon, appeared before the Council. He advised that they were submitting for Council's consideration Supplemental Agreement #5 which is required by the speczal conditions in the EPA grant offer for the force ~n and lift station. He explained how EPA now required everything to be converted to a l'~mp sum agree- ment. M~or DeLong referred to receiving a recommendation to approve Supplemental Agreement #5 from ~. Perry Cessm~ and asked if the City Attorney had an opportunity to review this agreement and questioned his recommendation. I~. Reed replied that he had the opportunity zo review it and talked to Mr. Swan. He would recommend approving it with m~d~ing a change on the first page, Paragraph b, to change Resolution 76-F to 76-E. Mayor DeLong asked if the egreement was in legal order smd M~. Reed replied that a motion would be in order directing the Mayor to execute the agreement. Me~yor DeLong requested that the recommendation from the DS~ector of Utilities be read into the record. M~. Kohl read the attached memorand~ dated November 10 from i~L~. Perry A. Cessna. M~s. Jackson moved to accept the recol~mendation of 5~. Perry Cessna em_d aoor~e the Supplemental Agreement No. 5 to the Engineering ~ntract s~ad ~.struct the Mayor to sign the agree- ment. M~. Zack seconded the motion. Mayor DeLong cla~if£ed that it had been moved and seconded to approve the Supplemen- tal Agreement No. 5 to the Engineering Contract of the City of Boynton Beach as recommended by ~. Perry Cgssna, Director of Utilities, with the change in Paragraph b as recommended by the City Attorney mad the orooer City officials shall be instructed to execute said agreement. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwom~nJackson - Aye Councilm~ Strnad - Vice M~vor Zack - Aye Mayor DeLong - Aye Motion carr_ea 5-0. ~ - CI~_ COUNCIL ~ETING M~NUTES REGULAR TV BOYNTON BEACH, FLORiD~ NOVE~ER 16, 1 976 ADMIN IS TP~TiVE Request Approval to Encumber Unexpended Funds from 1975-76 Budget M~. Kohl read Mx. Y~ibs memo dated Nove~oer 9 requesting Council approval to encumber unexpended funds from the 1975~76 Budget per the Enc~mbering Documents submitted. .~. Zack moved to approve the recommenaa~mon of the C_~y Manager to approve the encumbering of unexpended fo~ds from the 1975-76 budget. Motion carried 5-0. Request Approval to Transfer $10,000 - 1975-76 Budgeted Civil Defense Fund to Reserve~for Emergencies Mm. Kohl advised that this actually amounted to the same thing as the previous item~ but it will be kept in emergency. Mayor DsLong asked if there was a special number for that fund and ~. Kribs replied that it would be a reserve in the General Fund. Mayor DeLong announced a motion was in order to approve the request to transfer $10,000 - ~975-76 budgeted Civil Defense Fund to reserve for Emergencies. ~. Zack so moved, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Consider Site Plan for Addition to Bethesda Eospital !~. Kohl informed the Council that the site plan for the ad- dition of an incinerator to the Bethesda Memorial Hospital complex was submitted to the City Planner, Mr. Carman Ann~ziato. The Planning & Zoning Board, at their Regular Meeting of November 9, ~976, unanimously recommended appro- val of the addition subject to the compliemce with all appli- cable health regulations and that the exhaust stack be at least ten feet higher in elevation tha~ the roof of the homes directly west of the hospital. The motion to approve the site plan was made by M~r. Winter and seconded by Mr. Lambert. ~. Harmening moved to approve the si~e plan for a new incin- erator at Bethesda Memorial Hospital, seconded by ~. Zack. ~.yor DeLong clarified that it had been moved an~ seconded to approve the site plan for a new incinerator at Bethesda Memorial Hospital provided the requirements are met. No discussion. Motion carried 5-0. Cons_~der Membership to Palm Beach County Munici~oal League ~. Kohl referred to a copy of a statement for membership dues for the Palm Beach County Municipal League as well as thei~ fin~acial report for 1975-1976 being submitted. If Council decides to join this organization again~ they will need - -16- MIh~J~S R~GU~R CI~ COUNC~ M~EE_ING BOYNTON BEACH, FLORIDA NOVEmbER t 6, 1976 TR.~{SFER OF FUNDS: We anticipated an increase mn memberships in our new budget and did allocate $500.00~ morethan last year ($1,500.00 to $2,000.00), but the cost of living was higher than our anti- cipations. We received a statement from the Florida League of Cities in the amo~_ut of $1,821.17 which was~paid a~d which leaves a balance in the account of $178.83. W~ therexore request a ~ransfer of funds from the contingency account in the amount of $225.00 to cover the membership dues in the Palm Beach County Municipal League. Y~r. Harmening so moved, seconded by ~. Strnad for discussion. Mayor DeLong ~larified that it had been moved ~ad seconded to retain membership in the Palm Beach County Mo~icip~l League ~d also to transfer the appropriate fund to pay for the mem- bership. Under discussion, M~. Strnad stated he was very hesitssat to vote in favor of this particular membership ~uutil they receive an equal voice intthis -oarticular organization. He car-uot underst~ud how m~uuicipalit~es with a few thousand peopl~ or less have the same voice as Boynton Beach with~ 37,00u people. M~s. Jackson remarked that the same t~ng was true in the Florida League of Cities. She does feel a great deal can be learned. She is not always in agreement, but feels they have learned things from them. if there is any doubt in anybody's mind about ahing this, possibly it should be tabled for next year's Council. Msjor DeLong added that he was the originator of a walkout at one of their meetings principally because they would not live up to the commitment to appoint a member of this Council to a vacancy. This de- finitely is controlled by the smaller townships. He still feels maybe one day that will be resolved. As long as he is a member of the Co~2acil, he would not attend because he does not compromise with the principle; however, there is plenty of ~.~owledge s~d benefits to be obtained. It is to the bene- fit of the City ~ad is profitable in many avenues. As a lame duck member of the Council, he certainly would not w~ut to do arsrthing that would preclude any benefits that migh~ come to this City by not being a member of the League~ tsking into consideration the small amoun~ of money paid ~ud the amount of benefits returned. M~. Zack agreed that M~. Strnad ~mde a good point as it takes 23 municipalities to equal the popu- lation of Boynton Beach, but they only carry one vote. He thinks they do get some valuable information from these peo- ple. He thin!~ the datagrams are helpful. ~s. Jackson re- ferred to serving for foar years on the Dual Taxation Com~mit- tee and advised that this year something is goir~ to happen. She suggested possibly sending a formal resolution to the Municipal League regarding this. Motion carried 5-0. ~s. Jackson then moved to instruct the City Manager to send a letter to the Palm Beach ,~ ~ - County M~micipal League asking the Board to consider this before the fiscal year oeomns. M~yor MINUTES - REGUL~R CiTY COUNCIL ~ETiNG BOYNTON BEACH, FLORIDA 976 DeLong suggested a better app_oacn possibly would be to con- sult with the sister cities to the south with a population larger or as large as Boynton Beach and prevail upon them to send a resolution also. He requested Y~s. Jackson to talk to the ether cities about this. Consider Requests for Expendi~res from Publicity Fund for Festival of Arts _ M~. Kohl rea~ the attached memorandum dated October 29 from 74~~. Charles C. Frederick. He added that $980 was given to the City by the Stateoof Florida by a grant worked on by Frederick ~d himself. Mrs. Jackson moved to gr~t the Festival of the Arts the amount of money they need and keep in the ~blicity Fund. M~. Strnad seconded the motion. Mayor DeLong clarified that it had been moved and seconded to approve the memo dated October 29 received from Mr. Frederick in its entirety relative to the Festival of the Arts. No discussion. Motion carried Request 1. 2. of M~~. Anthony Canon, Chief Executive Officer, SCR~TDB To Adopt Retirement Plan Agreement Authorize Attorney to Initiate Indemuification Agree- ment ~. Kohl read the attached letter dated November 5 from ~. Canon. PLmyor DeLong announced a motion was in order to ratify this request of the mrevious action of the Board. M~. Harmening moved to adopt ~aad ratify the previous action of the South Central Regional Wastewazer Treatment & Disposal Board to adoDt a retirement olan agreement mud authorize the attorney to ~nitiate an inde~ification agreement. ~. Zack seconded the motion. No discussion. Motion carried 5-0. Request for Cemetery Lot Refund Ina J..Stauffer P~. Kohl referred to a copy of a request from ~k-s. ina J. Stauffer regarding a refund on Lot 80: Block C, being on file. He advised that the Cemete~ Board approved this re- quesv at their meeting of November 3, 1976. ~hos. Jack, on moved to gr~at this request~ seconded by ~*~. Harmening. Mayor DeLong clarified that it had been moved and seconded to grout the request as recommended by the Cemetery Board for a lot refund to ~s. Ina J. Stauffer. Under discussion, ~. Strnad asked if these cemetery lots were the same price as ~5 years ago or if they had gone up and M~s. Padgett replied that they had gone up. !~. Strnad -18- NOVEI~ER 16, 1976 MI~U~TES - REGUI~R CiTY C0%LNCIL I~ET±NG BOYNTON BEACH, FLORIDA questioned w~ 20% was taken off and ~. Kohl replied that they do have maintenance over the years. M~. Strnad re- marked that people should be rewarded for not having to use a cemetery plot. Motion c~ried 5-0. Consider Zoning Approval for Beer & Wine Package Store - Cumberl~ad F~m~ Food Stor~s~ inc.~ 1899 S, W. ~5th Aven~ ~. Kohl read the application submitted by Cumberland Far~s Food Stores, Inc. and advised that everything was in order. M~s. Jackson moved to grant the request, seconded by Harmening. Mayor DeLong clarified it had been moved and seconded to grant approval and attest to the zoning appro- val for gumberland Farms Food Stores, Inc., located at ~899 S. ~V. 15th Avenue. No discussion. Motion carried 5-0. Applications for Permit to Solicit: ~. Heart Association of Palm Beach County 2. American Cancer Society, Palm Beach County Unit ._tl~ntmc H. S Band & Be~_d Booster Association ~. Kohl read the applmcatmo~naa advised that all were in order and requested Council's approval. ~. Harmening moved to grant application for permits to solicit to: 1 ~_ear~ Association of Palm Beach County 2. American Cancer Society, Palm Beach County Unit 3. Atlantic H. S. B~d & Band Booster Association ~L~. Zack seconded ~.~e motion. No discussion Motion car- ried 5-0. Approval of Bills Mr. Kohl read the following bills for approval: 1. Allied Chlori~ae & Chemical $ 1,380.00 Ch~ormne _~or water pmant Pay from budgeted funds 030-8tl .63 2. I B M Corporation 2,967.00 Computer rental for November Pay from budgeted funds 001-890.38 Bid accepted 9/30/75 3. Agri Chemicals I ,082.50 FertiiiZe~ Pay from budgeted fun_as 001-85t .64 -19- "~'~ T ~C ~ MINUTES - REGULAR CITY ~uUl~ IL ~EETING BOTNTON BEAC~ ~ FLORIDA NOVEI~ER 16, 1976 Willie Ruth McGrad~. server for Senior Oitizens Club - 1 week pay from Federal Revenue Sharing Fund 020-880 Ord~ace #73-15, passed 5/15/73 48,00 Is i ~h Andrews Drmver xor Senior Citizens Club 1 week Pay from Federal Revenue Sharing Fund 020-880 Ordine~uce #73-15, passed 5/15/73 55.00 Russell & Axq~ 6858-15-CPR Inv. #3 3,407,93 Engineering services ~or resolution bf problems with Florida Power & Light Change Order ~1 (Water Treatment Plant Expansion) P~y from Utility General Fund ~yables 030-300.01 Authorization dated 5/8/74 7. Intercounty Construction 9atp. 54,392.79 Water Treatment Pl~aat Expansion P~ from Atlantic Na-tional Bank ~975A Series Contract dated 7/9/76 R~. Kohl stated that the bills described have been approved and verified by the depa~tment heads ir~olved; checked amc approved for payment by the Fin~ce Director; funds are avail- able in their respective budgets. He recommends payment o£ these bills. He added that a lettsr from Russell & Axon was submitted to the Council members as requested at the last Council meeting. He does have ~other letter to submit at the next Council meeting. Mrs. Jackson moved to pay the bitls, seconded by ~. Zack. Under discussion, M~. Ee~mening stated that the two bills from the lastmmeeting could also be included s~d ~. Kohl informed him that the one was listed, but they will have to have a resolution from the City Attorney for the other one. ~. Harmening clarified that he had no reservations about either one. Mayor DeLong announced a motion was in order to approve the bills including the one deleted previously in the amount of '~6,000 from Orton Construction Co. MC, Harmening so moved~ seconded by ~ir. Zack. Under discussion, ~Jor DeLong asked if the intercounty Construction w~sL~ui*ld~i~ at the water plant and ~,~. Kohl replied: yes. ~yor DeLong referred to this company ruining 700 feet of concrete sidewalk and re- quested the engineers in the Building Dept. to note this and M~. Howell informed him that this would have to be re- placed before a C/O was issued. Motion carried 5-0. ADJ OL~ ~]NT Mm. Strnad moved to adjourn, seconded by i~s. Jackson. Motion carried 5-0 ~ud the meeting was properly adjourned at 9:45 P. M. -20- M~UTES - RE~L~,_J~o, CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVE~F~R 16, 1 976 Ci~Z OF BOYNTON BEACH, FLORIDA ~cil Member ~ ~--~y Clerk Rector ding Secretary (Two Tapes) -21- ' NDUM MEMORA Frank Kohl City Manager Perry A. Cessna Director of Utilities ,~,,~ ~ November 1, 1976 ...... Safety Award (Sewage Treatment Plant and Water Plant) This is to confirm that at the joint conference of the Florida Pollution Control and Florida section of the A~A in Tampa last week, the Boynton Beach SEwage Treatment Plant was presented an a~rard of honor for their t975-76 safety record and wi!-i be receiving an appropriate plaque. The Boy, ton Beach Water Treat- ment Plant received a letter of ~.PLe-.'zd~ ?ne city and I-have-been honored by m'V election to the office of Vice Pres-~ dent of tine ~io~ida Pollution Contro~ati~o=u_; and this will mean tha~ .in-October of 1977, I will come into office as President-of ~the FPCA for ~he vear 1977-78. PAC:br Enc. (i) 'Oerry A ss..a ~~ CI'i~ Oi~ BOYN?ON B~CH F2~PLOYEES' PENSION PL_.AN Proposed Amendments & Funding Present Cost. of Plan Amendments Additional Benefits Cost Ihcrease Monthly Retirement Benefit 25~ Reduce Normal Retirement Age to 62 Increase Interest Earned on Emp!o~e Contributions from 3~ to 5% Add Disability Benefit Offsetting Credits Amortize Unfunded Liability over 30 years Eliminate Death Benefits (Sec. 21--51) to exten~of Refund of Contributions Interest at 5~ Revise Death Benefit after Retirement to Acbuarially Reduced Option or Refund Net Additional Cost Total Annual Cost $ 98,906 51,~32 31,427 1,800 16,000 100,659 12,289 16,000 19,700 47,989 52,670 ~15!,576 Funds Available General F~nd Pension Reserve-Unappropriated 1975--76 Budget 1976--77 General Fund ~ utility Fund Disability Insurance 1976-77 General Fund Utility Fund Tota3_/~ail~b!e ~nds Additional Funds Required $ t7~882 70,000 30,~000 !00,000 20,000 8,000 1~5.882 5,694 ~!51,576 Annual Net Contribution from City Projected Pension Costs Police & Firemens Pension Plans Net Cost of Present Plan as of 7/10/76 Amendments Disability Benefits 66-2/3% Service Connected less Social Security and Workmen's Comp. Non-Service Connected !0 yrs. Serv. C<n_ange 10 yr. Average Earnings to 5 yr. Average Earnings TOTAL ADDiT!O~S TOTA~ COST Police Fire Total $ 4,976 $ 11,868 $ 16,844 3,516 2,312 5,828 224 1,437 1,661 8,048 13,880 2t~928 11,788 t7~629 29,417 S 16,764 $ 29,497 S 46,261 MEMORANDUM Mayor DeLong & the City Council Municipal Police Department Retirement Fund Board of Trustees November 10, 1976 Pension Improvements The undersigned Members of the Municipal Police officers Pension Fund Board of Trustees which is outlined in Chapter 185 of the Florida Statutes, after unanimous vote at a meeting where all M~mbers were present, hereby give Deputy Chief of Police William R. Hamilton, the authority to work in our best interests and reco~end any improvements ~hich he deems necessary and feasible after consultation with our Actuary. A recent vote was taken ~nereby a ma3ority of the Members of this Plan reflected that they were in agreement with this process. Signed: ~No~h E. ~dd~esto~-- Wilti~m R3 H~mi!ton :/ ,:ph .. Trolian William P. Morkan WRi-i. law DO NOT GIVE VERBAL ORDERS Mayor DeLong & the City Council '~ire Chief C. E. Wright, Secretary & Treasurer for the Municipal Firemen's Pension and Trust Fund Board of Trustees November 10, 1976 Pension Improvements As Secretary and Treasurer of the Municipal Firemen's Pension and Trust Fund, which is outlined under Chapter 175 of the Florida Statutes, I have the authority to work in the bes% interest and recommend any improvements deemed necessary and feasible after consultation with our Actuary. Az~e_ discussion with all Board members, it was agreed upon-to accept the recommendations for-improvements as voted upon by the Ad Hoc Co_mmittee members. C.E. Wrmgnt, Se ry and Treasurer CBW:dsw MEMORANDUM Frank Kohl City Manager Perry A. Cessna Director of utilities November 10, 1976 ...... Supplemental Agreement ~5 to Engineering Contract, City of Boynton Beach Today, I have reviewed this Supplemental Agreement $5 with Milt Ha!!man and Joe Swan in my office. I understand this completely and recommend that this be executed by the city, so that we can go ahead with completion of the Step 2 Grant and move into Step 3 program applicatio~so -we can receive our money in order to baild the Regional Pumping Stations and Force Main. i would like to point out one thing -- the fees involved in this were somewhat lower than were originally authorized; and, this is being done strictly because of EPA's requirements. It effectively ties down what monies we are responsible for to the engineers on this project. At the present time, the engineers' estimate of this contract is about $6175 Million, -which would increase the cost if we were on a percentage basis. Because of EPA's requirements, we are gam~- ling that it will be a lower engineering fee at a flat rate, than if we were on a percentage basis, in other words, if the bid comes in higher than $6,100,000, we will be saving money on engineering fees~ whereas, if it came in lower than ~chat, our engineering fees 'would be slightly higher. Actually, we have no control over this, because of EPA_ requirements. EPA has already approved fees in excess of those which we are ina for under the lump _s_~m, Supplemental Agreement ~5. Vice Pres. , sign- Joe Swan, P. E. Engrg. Mgr., Ken _~ibs, ~inance Dir. MEMORANDUM October 29, 1976 TO: Ken Kribs, Finance Director RE: Festival of the Arts In reference to our grant from the Fine Arts Council, Department of State totaling $980, the following is recommended: Request Mx. Kohl to present to City Council a recommendation to allocate $980 from available funds to the Publicity Fund ~060, account 888 entitled "Festival of the Arts" which is currently at a zero expense balance. This fund is designated for expenditures by the City ~{anager for performing artists participation in the festival program. Chaztes-C. Frederick Recreation Director CCF:as cc: Frank Kohl, City Manager SOUTH CENTRAL REGIONAL WASTENAIATER TREATMENT AND DISPOSAL BOARD BOARD TO: ANTHONY J. CANON, P. E. November 5, 1976 J. Eldon Mariott, City Manager of De!ray Beach Frank Kohl, City Manager of Boynton Beach Dear Sir's: In accordance Agreement, certain with the requirements of the Intertocal actions of the SCRWTD Board are required to be also APPROVED by a majority vote of each'City Council. Therefore would you place before your next City Council meeting the following actions taken by the SCRWTD Board at their November 4, 1976 meeting for_APPRO%~L of your Co~ci!: 1) Voted ~to-"ado~t-the RetiTement Plan Agreement" for the CEO of SC.,~TD Board. cc: 2) Voted to" authorize the attorney to put this Tn' z=: - z~.eemnmzmca~!o~ Agreement into effect" for the CEO and SCPJWTD Board members. Please advise me of ~bn~wCouncils action.~fhank yo~. Very truly yours,~- CEO SCRWz~B SC~gTDB