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Minutes 09-16-75MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 16, 1975. PRESENT David Roberts, Mayor Joe DeLong, Vice Mayor Edward F. Harmening, Councilman Norman F. Strnad, Councilman Emily M. Jackson, Councilwoman Frank Kohl, City Manager Tereesa Pad~ett, City Clerk Robert Federsoiel, Acting in behalf of the City Attorney ABSENT Ernest Simon, City Attorney Mayor Roberts called the meeting to order at 7:32% P.M. He asked all to rise for the invocation given by Rev. Monsignor Joseph Caramanno, followed by the Pledge of Allegiance to the Flag led by Councilman Harmening. Announcements Mayor Roberts corrected an item on the Azenda under LEGAL - Ordinances - 1st Reading (C. 1), which should read" ... Re Amending Sections of the Employees Pension Plan." There should be no mention of the Charter. The Mayor also requested an item to be placed under OTHER regarding a progress report on zoning procedure and amendments pertaining to the Board of Adjustments. Council had no objec- tion. Mayor Roberts asked all those wishing no speak about items on the Agenda to give their names to the City Clerk so they may be called at the appropriate time. MINUTES Regular City Council Meeting September 2, 1975 Mr. DeLon~ referred to page 12, paragraph 1 and corrected it to read .... Mrs. Jack~on moved to take this item from the table, seconded by Mr. DeLong. Motion carried 5-0. Mr. DeLong asked the City Manager if he received the material from the Community Action people. Mr. Kohl said he and Mr. Glover have been in contact. However, it was honed by Mr. DeLong that Mr. Glover has been transferred. Mr. DeLong moved to strike this item from the Agenda, seconded by Mr. Harmening. No discussion. Motion carried 5-0." Mr. DeLong then referred to page 13 -- "Mr. Councilmembers if they were in agreement ... should be stricken. DeLong asked if the " -- the first "if" MINUTES - REGULAR CITY COUNCIL MiEETING SEPTEMBER 16, 1975 BOYNTON BEACH, FLORIDA Mr. Strnad said after reading the verbatim transcript of the Special City Council meeting, prepared by a Court StenoKrapher, he erroneously assumed that he could vote for said Minutes. (7/50/75) He now wished to have his name removed from the vote as noted on the first page of the September 2nd Minutes, which should now read, "Motion carried 3-0, Messrs. DeLong and Strnad abstaining due to absence from the Special Meeting." Mr. DeLong moved to adopt the Minutes of September 2, corrected, seconded by Mr. Harmening. No discussion. carried 5-0. 1975 as Motion PUBLIC AUDIENCE Mrs. Annie Lorber, 610 S.W. 15th Street, Leisureville, wished no speak in opposition to a petition which was to be presented to Mr. Kohl by some citizens of Leisureville regarding the formulation of an Ordinance requiring Boards of Condominiums, etc. to receive approval from their organization officers prior to the issuance of a City building permit before any construction or alteration takes place. Mrs. Lorber said on September 2nd she filed a petition countering such proposed Ordinance. Dis- cussion ensued wherein Mr. Kohl said he did not have a request for any such Ordinance and it was decided to let Mr. Vastine speak first so that Council could be made aware of the matter in question. Mr. R. B. Vastine, Presidenn or,the United Boynton Civic League, 132 Leisurevilte Boulevard, passed a copy of his proposal to Council. He then read the Resolution aloud which in essence requested Council to have the City Attorney prepare an Ordinance pertaining only to the areas specified in the Resolution that the prior written approval be granted by the Condominium and/or Community Association, enc. before a building permit could be issued. Mrs. J~ckson~felt theCity Attorney should see whether such an action would be legal. Mr. DeLong moved to turn this item over to the City Attorney for his study as to the legality of the City adopting such an Ordinance. He also felt than Mr. Vastine should turn over any pertinent documentation to the City Attorney in this regard. Mrs. Jackson seconded. Mrs Jackson said this might help in other areas in addition to condominiums and co-ops, where there are deed restrictions, etc., if it's legal. Mayor Roberts said he was sympathetic in this instance as there are areas where people can do damage and reduce property values, however, he wished to none that this Resolution is requested for certain groups that belong to the Civic League that would extend to other groups which may or may not be in agreemenn with the request. Motion carried 5-0. Mrs. Lorber came forward again and described herself as a retired Attorney from the State of Michigan. She then read the Petition she presented to Mr. Kohl on September 2nd in opposition to the request as outlined by Mr. Vastine above. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMEER 16, 1975 Mr. DeLong moved to receive and place on file Mrs. Lorber's Petition of objection and at the time this particular item is to appear on the Agenda, to notify the objector of same. Mr. Strnad seconded. Mrs. Jackson said this was the reason she felt the City Attorney should look into the matter as to legality. It was noted that each of the concerned parties would be notified when this item is to come before Council again. Motion carried 5-0. Mr. Joseph Aranow, 2520 N.E. 1st Court, said he knew nothing about Mr. Vastine's petition before tonight, however, he noted many acts involving the City of Boynton Beach and unit owners of property and condominiums and he feln it was a very important matter to be considered for the protection of all. Mr. Aranow asked than he Also be notified when this item comes up on the Agenda so he might speak on it further. Mr. Ron A~rena, 1200 S.W. 27th Place, came forward to speak about Resolution No. 75-ZZ which passed at the last meeting in regard to tennis less. He felt that this matter should have been prepared as an Ordinance so that the City's residents would have had an opportunity to speak about it, particularly because he viewed the fees as extra taxation. Mrs. Jackson noted that the~Water and Sewer fees were passed by Resolution and she agreed that the tennis fees were double taxation. She said she voted for it because of people coming up from Delray where there is a charge to use the City's free facilities. Mr. DeLong felt the City Attorney was aware of the manner in which this item had to be presented, adding that at the time of passage it was said there would be a trial to see how it worked oun. After some further discussion, Mayor Roberts sug- gested submitting a petition to Council would be the oroper procedure to bring about reconsideration of previous ~ction. Mr. Richard Caldwell, 1350 S.W. 27th Place, read a prepared stanement concerning an alternate manner of handling the tennis fees and he requested reconsideration of same~ Mrs. Jackson suggested submitting a copy to Mr. Kohl and Mr. Caldwell said he would do so after it is typewritten. Mayor Roberts asked Mr. Kohl to consider the matter and discuss it with the Recreation Director. BIDS None PUBLIC HEARING - 8 P.M. None. LEGAL Ordinances 3rd Reading MINUTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1975 Proposed Ordinance 75-25 Re: Adopting a Budget for the Fiscal Year Beginning Oct. 1, 1975 and Ending Sept. 30, 1976 Mr. Federspiel read the above Ordinance in its entirety on third and final reading. M~yor Roberts asked if anyone in the audience wished to speak for or against this Ordinance. No reply. After some discussion, Mr. DeLong said that although he didn't attend the Budget sessions, he knews State law requires the adoption of a budget He has studied the budget and although he's not in favor of it in its entirety, he was pleased that a good job was done. Mir. DeLong therefore moved-for the adoption. Mr. Strnad seconded for discussion. Mrs. Jackson then read a prepared statement in opposition to the budget (copy attached). She also read a letter from Hough & Co., the City's fiscal agents, dated September 5, 1975 and asked that same be attached to the Minutes (attached). Mayor~Roberts asked if Mrs. Jackson had a copy of the letter he wrote to Mr. Shepard of Hough & Co. in answer to the above. Mrs. Jackson said no: but she knew the Mayor was in favor of it. Mayor Roberts said this matter has been brought uo at least three times and some recommendations have been made by the City Manager and Finance Director. Recommendations have also been made that the Engineering Department be transferred to the General Fund and whatever services they supply to Utilities would be deducted from next year's budget. He felt the amount moving from one place to anotherw~utdh~]mlake~so much difference, therefore, he would vote for the budget. Mr. DeLong noted that in 1973 the Water & Sewer Department and Financial structure were in very bad condition and he felt they were greatly improved. He has advocated the above department to stand on its own, however, whiteihe.._ was part of the City, he, would work towards keeping it on the highest olane. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson No Councilman Strnad Aye Mayor Roberts Aye Motion carried 4-1, Mrs. Jackson opposed. Proposed Ordinance Rate for the Fiscal Sept. 30, 1976 75-26 Re: Establishing a Tax Millage Year Beginning Oct. 1, 1975 and Ending Mr. Federspiel read the above Ordinance in its entirety on third and final reading. Mayor Roberts asked if anyone wished to speak for or against this Ordinance. No reply. Mr. Harmening moved for the adoption of Ordinance 75-26 on third and final reading. Mr. DeLong seconded. Mrs. Jackson said since she voted~against the budget and she didn't know if the millage would be adequate if the Engineering Department was put under General Fund, she would have to vote against this Ordinance. 4 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 1975 BOYNTON BEACH, FLORIDA Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson - No Councilman Strnad Aye Mayor Roberts Aye Motion carried 4-1, Mrs. Jackson opposed. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ord. No. 75-27 Re: Rezoning Portions of Blocks C & D, Boynton Hills Subdivision Mr. Federspiel read the above Ordinance on second reading by caption only. Mayor Roberts asked if anyone in the audience wished to speak for or against this Ordinance. No reply. Mrs. Jackson moved to adopt Ordinance No. 75-27 on second and final reading. Mr. DeLong seconded. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeL6ng Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberts Aye Motion carried 5-0. Proposed Ord. No. 75-28 - Funds Between the General Improvement Funds Re: Providing for the Transfer of Fund and the Operating Caoital Mayor Roberts asked if Section E, which was questionable, could be changed before the second reading and he proceeded to read the particular portion. He felt the Council should be given the privilege of deciding what to do with the funds remaining in the Operating Capital Improvement Fund. He was non against encumbered Federal Revenue Sharing Funds than were already set aside. He noted the mention in Section E of all StaTe Revenue grants which go to the General Fund anyway and he didn't know why that was included. Mr. DeLong exolained that the original Ordinance specified a percentage of State funds be transferred to the Operating Capital Improvement Fund. Mrs Jackson said she had requested a change to the Original Ordinance as read and she now feels that was a mistake and that it should remain as it was. Mayor Roberts said as the Ordinance is now, he would vote against it. He would like to see some exceptions in Section E so it would not be so broad. He wished to see encumbered funds left alone and depending on the situation at the time, Federal Revenue Sharing and State Revenue grants on a percentage should be left to the discretion of Council He felt if it was possible, everyone was in favor of capital im- 5 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1975 provements and on the other hand, he didn'n feel it was right to have to go up one or two mills on the tax rate because of funds that couldn't be touched if they were available. Mr. DeLong did non believe this was the original intent and one of the main reasons for being involved with Federal and State funds was to help lift the burden from the taxpayers. Since nhe intent of Council was not now clear in the Ordinance, discussion ensued as to how to correct same and revert to the original wording. Mayor Roberts said he would not be opposed to encumbered funds. Mr. Federspiel read proposed Ordinance No. 75-28 on second reading by caption only. Mayor Roberts asked if anyone in the audience wished to speak for or against this Ordinance. No reply. Mr. DeLong moved to rescind this Ordinance, seconded by Mrs. Jackson. Mr. Federsoiel preferred that the Ordinance be moved for adoption and then voted dOwn. Mr. DeLong moved to adoot Ordinance No. 75-28, seconded by Mr. Harmening. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong No Councilman Harmening No Councilwoman Jackson No Councilman Strnad No Mayor Roberts No Motion carried 5-0 against. After some comment, Mayor Roberts asked if Council has done anything illegally. Mr. Federspiel said no. Mrs. Jackson asked if it would be acceptable to read the Ordinance as it was originally and it was decided to bring it back at the next meeting. Ordinances - 1st Reading Proposed Ord. No. 75-34 -Re: Amending Sections of the Employee Pension Plan Due to the length of this iOrdinance, Mr. Federspiel and Mr. Kohl shared in the first reading in its entirety. Mayor Roberts noted that the last several paggs had to do with records, beneficiaries, military service~ etc. He said the real change in this particular plan was to make it a little more modern and bring the terminology up to date. It has to do With early retirement and also benefits the spouses of those who died, also before and after death; also, interest becomes vested a~ter ten years of service. He noted that the actuarial figure has not been changed and it will not affect the budget. Mr. HaZmening suggested an item for inclusion in the plan and that is re~arding someone who has quit and taken his money out of the pIan ~nd th~n was subsequently rehired; he Should perhaps be given th~ option °f repaying the funds with interest that he had withdrawn and reinstating his time. He felt the best place to incDrporate this would be on page 7, under "Re-employment]" ~ ~ ~ MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 1975 BOYNTON BEACH, FLORIDA Mr. Harmening also noted that it was usually customary for someon'e who has served in the military to pay the amount of money he would have contributed to the olan without interest and ge5 full credit. He suggested this"might also be included for employees of the City. Mr. DeLong spoke about instances he was aware of in other cities where provisions were made for service people. The Mayor felt that the plan as presented was much improved over what it had been and that the City Clerk might make note of these two suggestions for discussion at the next meeting. Mr. DeLong felt the City was guided in some instances by State statute regarding the rights and benefits of veterans. It was clarified that Mrs Padgett would bring these matters up at the next Pension Board meeting. Mrs. Jackson moved for the adoption of Ordinance No. 75-34 on first reading, seconded by Mr. Harmening. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLOng Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberts Aye Motion carried 5-0. Resolutions Proposed Resolution No. 75- Re: Accepting Re-plat of Golfview Harbour Section III to Supoort Ordo 73-28 At Mr. Kohl's suggestion, Mrs. Jackson moved to table the above item, seconded by Mr. DeLong. No discussion. Motion carried 5-0. Proposed Resolution No. 75-III Re: Amendment to Res 75-BBB, Adding Position of Utility Mechanic to the Pay Plan It was noned this was a scrivemer's error at Resolution. not a new job and Mr Kohl noted it was one time which would be corrected by this Mr. Federspiel read Resolution No. 75-III in its entirety. (Note: this was initially read as Resolution No. 75-JJJ~ but was corrected to be No. 75-III). Mr. DeLong moved for the adoption of Resolution No. 75-III, seconded by Mr. Harmening. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Aye Councilman Harmening Aye Councilwoman Jackson Aye Councilman Strnad Aye Mayor Roberss Aye Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1975 Other Discuss Fire Hydrant & Standpipe Charges, Past and Future (Council- woman Emily M. Jackson) Mrs. Jackson read a prepared statement re the above (copy attached). She referred to a meeting she had last week with Attorney Federspiel, the City Manager, Utilities Director and Mr. Startzman on this ' subjecn and commented about the Minutes of same which were passed out this evening in the form of a verbatim transcription. Mrs. Jackson said the Councilmembers had a great deal of information in their books about this matter and she turned the discussion over to Mr. Federspielt Mr. Federspiel said starting with the 1950 Bond indenture, the City pledged $75.00 per fire hydrant revenues as security for the bond issue. Subsequently, the 1964 Resolution that adopted the Bond indenture incorporated the provisions of the 1950 Resolution. Inasmuch as the 1950 Resolution is not fully funded (it is funded as to principal, but not to interest), the provisions of that Bond do apply today. Mr. Federspiel said he has spoken to Mr. Kelly of the Bond counsel in Jacksonville and Mr. Shepard of Hough & Co. and it was agreed by all that when the City Council in 1970 by Minute action agreed to stop collecting $75.00 per hydrant for non-residents, they did so relying upon the letter from their Bond counsel at the time (whiCh is the same firm the City is now using). However, in the letter that Bond counsel sent to the then City Attorney, Gene Moore, it was stated that by doing so there was a technical default in the bonding agreements and that even though there was a technical default as a practical matter, the bond holders would not be able to bear the burden of proof -- they would have to bear it under some recent Federal case law at the time. Mr. Federspiel said it was agreed that by the City non enforcing these Charges, there is a technical default. However, the bond hotdezs would have to show a substantial im- pairment of the revenues in order to successfully contest this bond issue. The real problem arises, according to Messrs. Kelly and Shepard in the 1964 Bond issue and even the most recent one that was just closed on, in that all subsequent bond issues coming out after the oris~nal one, i.e. 1950, are bound by the terms of the previous bond zssue in than they're not fully funded. These are parity bonds and one of the problems with parity bonds of current issue is that when the current indenture is entered on the new issue of bonds, the City is sayin~ it is not in default a~ all on any of the previous bond issues -- and in this case there is not absolute certainty. In other words, it could be said that the City is not being truthful. Mr. DeL~ng noted that Mrs. Jackson got involved in thi~ matter at h~r first Council meeting and he was of the opinion that if in the event the Council of 1970 felt they had the privilege to supersede, amend or eliminate anything that those revenue certificates were sold under, they were sadly mistaken. Secondly~ if they did attempt to abrogate that agreement, he felt that this City Council had later on in the Resolutions adopted insofar as water rates 8 - MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA_ COUNCIL MEETING SEPTEMBER 16, 1975 incl~.~e~uf.- th~'a specific proviso that fire hydrants were going to be paid for. Therefore, the actions of Councils for the last couple of years has been to substantiate the provisions in the original bonding resolution. Mrs. Jackson said in 1970 she did vote for it on the first reading, but on the second reading, there was a 2-2 vote and a standout, so it was never dropped. Mrs. Jackson said at the meeting referred to earlier, she had asked the question as to whether people should be charged for back funds if needed and Mr. Federspiel answered if there was going to be enforcement, it should be from day 1. If there was a default way back, and there Was' no attempt to try&nd make up the default, it ~ould still exist. Mr. DeLong felt such clarification should come from the City Attorney's office so there is no doubt as to what is meant. Then Council would set policy and take the appropriate action. Mrs. Jackson then referred to a letter from the Utilities Director, Mr. Cessna, to Mr. Kohl regarding the SJ~ndpipe and s pFinkle~ charges (s~ndpipes are the same as fire hydrants). She reviewed which communities were paying certain charges and noted some she felt should be reimbursed or additionally charged~ Mr. DeLOng felt the City Attorney should advise Council of each instance and how it should be treated. Mrs. Jackson said there's never been any policy set as to how the Finance Department or whomsoever should handle this matter and she felt there should be something on the books. Mrs. Jackson then moved that orior to the next meeting, the Utilities Director, together with the Fire Marshall, find out exactly how many s~ndpipes, sprinkler systems and private hydrants there are and give the Finance Director a report Mr. DeLong felt these people should work in conjunction with the City Attorney in drafting his recommendations. Mr. Federspiel stated that the legal opinion of the City Attorney's office is that there is a technical default. He agreed with the present Bond counsel in their feeling that the Bond holders ~o not have an effective remedy. He did not feel it was such a substantial default that the City would necessarily be taken to Court on it and have the issue forced, however, he felt it was up to City Council as a policy matter whether or not they want to enforce the past amount of money due the City. Mr. DeLong felt such a recommendation should come from the City Attorney's office so that Council could act appropriately. Mr. Federspiel said the City's fiscal agent, Mr. Shepard of Hough & Co., felt if the City did non enforce the issue, it would substantially impair the City's ability to raise future capital. Mayor Roberts asked if there was any objection in the City's sending out bills asking for what is due and worry about enforcing it from there. Mr. Federspiel said there was no problem in doing that, although there are several instancas where there will be some problems in collecting. "Place in the Sun" will be one such problem. Mayor Roberts felt those people who owe the City money should be billed, and those who should receive refunds be sent them. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1975 Mr. Federspiel said his legal opinion was that a technical default exists, however, his opinion is not binding on Council as to whether they want to enforce their prior commitment or non. Mayor Roberts felt it was Council's job to try and get money back for the City and enforcement is another matter. Mrs. Jackson moved to attempt to get the back money due on the fire hydrants, standpipes and sprinkler systems. Mr. DeLong seconded. Mrs. Jackson said she would like to have the Utilities Director and Fire Marshall advise where the units are located and it was decided that this would be handled through the office of the City Manager. Motion carried 5-0. Mrs. Jackson moved that Hampshire Gardens and Sterling Village be reimbursed for the money they have paid since they are part of the City system and on the master meter respectively. Included in this motion are all those areas where the City has taken over, if monies have been paid in, they should be reimbursed. Mr. Harmening seconded. Mr. DeLong felt he should abstain from voting in regard to Hampshire Gardens because he lives there and Council agreed that there was no conflict of interest. Motion carried 5-0. Mrs. Jackson said she would like Mr. Cessna to find out about PubliX, the original hospital, Gulfstream Lumber, Gulfstream Marina, Good Year. Mr. Harmening moved that a policy be estab- lished that hereafter the City Manager bills all those who are connected to the City system and not metered Mrs. Jackson seconded. No discussion. Motion carried 5-0. OLD BUSINESS Discuss Boynson Beach Child Care Center - Vice Mayor Joe DeLong Mr. DeLong noted that in 1974, Council agreed by a 5-0 vote to a supplement to exsend for the caring for Boynton children in the evening. Then there was a request of the Community Relations Board in March, 1975 which resulted in the need for an itemized list of exactly what the money was used for. At that time there was an opinion of the City Attorney that under the Federal Grant, the City was privileged to supplement organizations of this type. A copy of that regulation was given to the City Attorney. Mr. DeLong said this program has been held up a couple of weeks and the mothers are a bit unsteady about it. R~ference was made to a letter from the Finance Director, stating that' the request of Mrs. Costen of the Child Care Center for $1,973 appears justified, etc.,and Mr. Kohl noted that this was on tonight's list of bills for approval. Mr. DeLong was concerned witkthe delay in the program in view of the fact that this program is a necessity in the City, enabling working Mothers to keep off the welfare rolls. He felt the City has shown com- passion in granting this supplement and he hoped it could be kept going. He asked Mr. Kohl if he was satified with the reports submitted by Mrs. Cost~n and Mr. Kohl referMed to the letter of approval from the Finance Director. Discussion ensued about the amount of money involved and the procedure for payment to the 10 - MINUTES - REGLrLAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1975 Child Care Center. Mrs. Jackson referred to a request she had made at the Budget meetings that Mr. Kohl get some information from Washington regarding Revenue Sharing so there would be no doubt about Council's actions. Mr. DeLong read from the Minutes of March 18, 1975 regarding the Request of the Community Relations Board which he felt clarified the matter. Mrs. Jackson said she would like to hear from the people who made the law about the Revenue Sharing. Mr. Kohl said he had written to Paul Rogers who advised that he had turned the matter over to the right department and Mr. Kohl is still waiting word. Council then requested Mrs. Cost~n to come forward. Sally Costen of the Boynton Beach Child Care Center read a portion of the guidelines of the Federal Revenue Sharing program and she explained that the government just wanted to be sure that the Revenue Sharing wasn't used to get other Revenue Sharing in the form of matching funds. It was further explained that OEO (Office of Equal Opportunity) has been phased out and Head'Start (where the Center receives its money) falls under HEW.and also the County. Mayor Roberts noted that a number of programs are funded by the government and he felt the City should be concerned with the amount of supplemental funds it is requested to contribute over the years. Mr. DeLong commented that the evening program is an extension of the regularly funded program and is for the benefit of Mothers who must work at night in the local area. There was some further discussion and Mrs. Costen explained that there would be absolutely no conflict. It was noted that at the end of last year there were 42 children cared for, Mayor Roberts felt such matters should be considered at budget time so that funds could be set aside. NEW BUSINESS Discuss Repealing Ail Charter Provisions for Tax Assessing, Tax Collecting and Board of Equalization - Councilwoman Jackson After some comment, the Mayor instructed the City Attorney's office to work in conjunction with the City Manager and City Clerk to see what sections should be taken out and come back with an amendment no the Charter. Mrs. Padgett asked if it was also desired to delete portions of the Code on the same subject. The Mayor said yes. These matters have been taken over by Stats Statute. ADMINISTRATIVE Consider Receipt of Correspondence from Russell & Axon, Consulting Engineers - Re: Expansion of Water Treatment Plant Mr. Milton Hallman, Jr., Vice President of Russell & Axon referred no his letter to the City of September 9, 1975 re Project No. 6858-15. Mr. DeLong said Council has all read the letter and he wished to see some direction and recommendations pertaining to same come from the City Manager's office. It was explained that there was a need for moving forward with the expansion of the Water Treatment Plant in an effort to save the City ~oney. 11 - MINUTES - REGULAR CITY COUNCIL }~ETING SEPTEMJ~ER 16, 1975 BOYNTON BEACH, FLORIDA Mr. DeLong again stressed the necessity to work through the City Manager and Mr. Kohl explained that he has tried to look at all phases of feasibility of this study. He said there is no doubt that the facility must be expanded and treatment is needed, however, he did not attach a covering memo to Mr. Hatlman's letner. Mayor Roberts asked about plans which were supposed to be ready to go out for bid which Mr. Hallman confirmed. The Mayor asked if there was any reason why the City shouldn't oroceed and Mr. Hallman said no and he explained the course of events that led up to the preparation of the plans and specifications in such a way so they could be phased in construction due to the financial arrangements of the Ciny at that time in not being able to completely finance the entire program dn~ to other needed projects withmn the City. Since then ~he financmal situation of the City has improved to the point of being able to now proceed with the full expansion of the plant and the addition of the softening facilities after looking at the critical need for the expansion. He noted the initial savings to the City by proceeding with the facilities at one time, mn the amount of $200,000, and it was so recommended by Russell & Axon, in con- junction with the City's financial advisor, ~ir. A1 Shepard. Mr. DeLong again snressed the importance of channeling all this information through the City Manager's office for study along with the Director of Water and Sewer and recommendation to City Council. Mr. Kohl said he had not studied all phases of the plan, however, he advised Council that he had received a call from A1 Shepard, saying that he could not be presenn at tonight's meeting but wished no go on record to have Mr. Hallman present his recommendations, with the next bond issue being in the amount of $3,900,000. After some further discussion and review of usage of the funds by Mr. Hallman, it was decided that Mr. Kohl would meen with Mr. Shepard and Mr. Nallman and come back at the next meeting with all information and recommendations. Authorization Requested for the Mayor & City Manager to Sign Right of Way Map for Woolbright Road (S.E. 15th Avenue) Mr. Kohl's letter for the Agenda stated there was a delay in submitting this matter to Council inasmuch as further clarification was needed by the City since there is a conflict with the City 10" water main. The City was told this conflict could be rectified when the road contractor replaced an existing 60" metal drainage pipe with a new 84" reinforced concrete pipe. The City was also told that no action need be taken by the City on this until further notice from the County. Mr. Kohl had the only right of way map for the area. Council could review same if desired. The mad must be recorded prior to the right of way acquisition by the County. Engineering Department recommends approval of the subject right of way map and Mr. Kohl concurred. He noted this was a matter of formality. Mr. DeLong moved that the Mayor and City Manager be instructed to execute the right of way map. Mrs. Jackson seconded. No discussion. Motion carried 5-0. - 12 MINUTES REGULAR CITY COUNCIL MEEETING BOYNTON BEACH, FLORIDA SEPTEMBER 16~ 1975 Consider Appointment to Board of Adjustment - Mayor Robertm Mayor Roberts said this is not really an appointment. There are enough people on the Board of Adjustment but in keeping with past actions, members are moved up from alternates to regular members. It was noted that Mr. Aranow, who is an alter- nate would be moved up as a regular member, as there are already two alternates. Mrs. Jackson moved to have Mr. Aranow moved up to be a regular ~ember of the Board of Adjustment. Mr. Strnad seconded. No discussion. Motion carried 5-0. Consider Request for Refu~nd on Cemetery Lots ~220 and 221 (Mr. and Mrs. Arnold Dutcher) Mr. Kohl said Mr. and Mrs. Duteher have surrendered their deed to lots #220 and #221 at the Boynton Beach Memorial Park and are agreeable t'o a refund of the purchase price less 20%, which in this case totals S200.00. Mr. DeLong moved that a refund be granted in conjunction with the recommendation of the Cemetery Board. Mrs. Jackson seconded. No discussion. ~tion carried 5-0. Receipt of Petition from Residents of N.E. 26th Avenue Mr. DeLong moved to turn this petition regarding loose sand on City property over to the City Manager for disposition. Mr. Strnad seconded. Mrs. Jackson thought it was a good idea, but was concerned as to whether the City might be setting a precedent. Mr. DeLong said that's why he wished to have it turned over to the City Manager so he could report back as to what should be done. The Mayor noted there would be some cost involved if the City went along with the entire petition, however, he thought something might be done about the loose sand. Mrs. Jackson asked if there was some construction in this area and Mr. Kohl said no. After some further comment, motion carried 5-0. List of Payments for August Mrs. Jackson moved to accept the payments for the month of August and attach them to the Minutes. Mr. DeLong seconded. No discussion. Motion carried 5-0. Approval of Bills Kohl read the following bills for approval: Palm Beach Jr. College Six Police Officers attending "SuperVisor I" Training - Ord. 74-38, Section 2-10.1(b) Pay from 001-507 600.00 - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1975 Approval of Bills (Cont'd) West Construction Co. Est. #2 New Office, Lab & Maint. Shop - Was5ewater Treatment Fac.. - Pay from Atl. Nat'l. Bank 1975A Series Water & Sewer Bond Issue Contract~ dated 7/1/75 $14,968.80 Hardrives, Inc. Resurfacing Civic Center parking Lot Pay from budgeted funds 001-854.90 Alternate bid approved and accepted by Council Palm Beach County Repairs to traffic devices for July Pay from budgeted funds 001-854.92 13,783.81 7/1/75 1,353.59 Peabody Peterson Est. #15 Interim Wastewater Treatment Facilities & Upgrading Existing Facilities Pay from Atl. National Bank 1974 - $111,705.79 1975A- 23,525.65 Contract dated 3/27/74 135,231.44 Boynton Beach Child Care Center Day Care Funds Pay from Federal Revenue Sharing Ord 73-15 passed 5/15/73 Fund 020-800 1,973.00 7. W. Jackson & Sons Est. #1 Raw Water Main Part A Pay from Atlantic National Bank 1975A Water & Sewer Bond Issue Contract dated 4/22/75 18,981.26 Cynthia Lewis Asst. cook for Sr Citizens Club 2 weeks Pay from Federal Rev. Sharing Fund 020-800 Ord· 73-15 passed 5/15/73 76.80 Isiah Andrews Driver for Sr. Citizens Club 2 weeks Pay from Fed. Revenue Sharing Fund 020-800 Ord· 73-15 passed 5/15/75 72.00 10. Adams Chevrolen Truck for Water Transmission Dept. 3,692.00 The bills described have been approved and verified by th~ Department Heads involved; checked and approved for payment by the Finance Director; funds are available in their respective budgets. Mr. Kohl therefore recommended payment of these bills. Mr. DeLong moved to pay the bills, seconded by Mr. Harmening· No discussion. Motion carried 5-0. 14 MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 16 1975 BOYNTON BEACH, FLORIDA ' Mayor Roberts asked Mr. Kohl for a total of expenditures to date for the Day Care Center for his information, which have come from the City. Mrs. Jackson honed there was no relation between her and W. Jackson & Sons listed in Item No. 7 under Approval of Bills. OTHER Mr. Kohl said per the request of Mr. Kelly of the Planning & Zoning Board, a building moratorium is requested for 60 days to make sure the Zoning Ordinance is uo-to date with all errors correcned. It is now being worked on. Mayor Roberts noted that Mr. Kelly felt all problems would be resolved with this amendmentand he also mentioned it would be in the best interests of the City and the Zoning Board to extend the rezoning moratorium for 60 days. He also noted there would be a public hearing on this. Mrs. Jackson moved no extend the rezoning moratorium for 60 days, seconded by Mr. DeLong as of the expiration thereof. Mrs. Jackson asked if there have been some requests for rezoning and Mrs. Padgett said yes. She noted that the moratorium was lifted on the 13th and so the requests have been coming in. Motion ant~nded.te 6~ days f~om tonight on. Motion ca, tied 5-O. ADJOURNMENT Mr. DeLong moved to adjourn, seconded by Mrs. Jackson. Motion carried 5-0. Meeting adjourned at 10:30 P.M. CIT NTON B FLORIDA y' Mayor ATTEST: Vice Mayor ouncilmember ~ouncilmember 15 - TO BE A~TACHED TO SEPTE~ER 16, 1975 COUNCIL MINUTES STATEMENT BY EMILY M. JACKSON, COUNCILWOMAN At the September 2nd meeting I voted against the budget on second reading~ and gave my reasons. If it had been possible to vote on the budget~ department by depamt- ment: I would have voted on all but two departments~ because most of the budget is~ in my estimation, very adequate to keep the depamtments working at top efficieney, yet with the frills cut out to help the taXpayers in this time of unsettled economy. In fact~ I feel that except for two departments, this is a very good budget. However, since it had to be voted upon as a whole, I had to vote against the whole thing. The two things I feel strongly about are !. Council members voting themselves a raise in expenses. As I said two weeks ago, if this could take effect at the expiration of the membersT term I would have voted for it. 2. The department I felt most strongly about was the financing of the Engineering Department from the Sewer and Water Fund, rather than from the General FUnd. A few days after I read my statement inte the record, the Mayor received a letter from Mr. A1 Shepard of Hough g Co., our Fiscal Agent. I would like to read this letter and have it attached to the minutes. READ LETTER lllilham It. tlou h & Co. Honor~le David Roberts, Mayor :~.~/~¢~v~ ~ , ,, City of Boston Beach (:~ ~S~ ' ~'~ ~ ~- P.O. Box 310 De~ Mayor Roberts: . ~~ .~[~/ 3As you ~ow, we are mov~g ahead on plus for ~e ne~ water and sewer bond issu~r .{y~r City, having had meet~go wkh your ci~ m~a~r, fh~ce ~rector, uti~es ~ector, ~d en~eers recently. am aware that at this time of year you are ~vorking on a general fund budget for the ; year and perhaps by this time have it set. I understand the tightness of your City well as other city budgets in this day and age of high costs and everything, t just like to urge that the City, in its deliberations as to actual year-to-year rela- between the general fund and the water and sewer revenues, expenses and opera- do everything it can to keep the "owner's contribution", which the Utilities Depart- to the City as "owner" through the general fund, at a reasonable figure. The that we were able to show that last year's contribution to the general fund was most .~ and that the City was plowing moderate amounts of armual surplus money into capital outlay for the water and server system was a very big factor in obtaining "A" rating for your water and sewer bonds. It is important that the City not, in the ahead, take too much in the way of revenues out of the water and sewer system for support. I am not in a position to say with keen accuracy what is a reason- amount; your Council members aided by the record of the utiliw, your finance city manager and consulting engineers can arrive at the proper amount for as well as anybody else. is hoped that we will be able to say in November and December, when we go to market with your bonds, that the amount going from the water and sewer utility to the fund is a reasonable one and that we can hang on to the Moody's "A" rating. persona/regards Sincerely, : Mr. Frank Kohl, City Manager ~/ Mr. Kenneth K_ribs, Finance Director ~.~ WILLIAM R. HOUGH & CO. Alfred C. Shepard Pa~ner MUNICIPAL BONDS MUNICIPAL FINANCE CONSULTATION" ATTACHMENT TO COUECIL MINUTES OF 9/16/75 STATEMENT BY EMILY M. JACKSON, COUNCILWOMAN PAGE 2. Therefore, you can see that the Fiscal Agents agree with me. Naturally, i sm again going to vote against the budget on this third and final reading. However~ I would urge this Council to continue to find a way to get the Engineering Department, at least pa~tly~ into the General Fund, and take the rest of the money and put it into the Water and Sewer Fund for repairs~ replacements and additions during the coming months. TO BE ATTACHED TO SEPTEMBER 16, 1975 COUNCIL M//NUTES STATEMENT BY EMILY M. JACKSON, COUNCILWOMAN Re - FIRE HYDRANTS There have been some people who thought that my going into the Fire Hydrant eha~ge was petty. Let me remind the Council that our Sewer and Water Resolutions are actually CONTRACTS BY LAW between the City and the people who have purchased the Bonds which finance the sewer and water system. The first Bond Contract was drawn up in 1950 - one year before I ever stepped foot in Florida, so that the $75 per fire hydrant is .one thing that can't be blamed on me. My reason for wanting this settled is two-fold - 1. We are losing needed money in our Sewer and Water Fund. 2. A contract is just that - a contract - and it not only is necessary that we protect our Bondholders, but also by doing so it increases our rating and makes In 1973~ when I was Mayor, we cleared up a misunderstanding with Ocean Ridge. Ocean Ridge then paid OCEAN RIDGE FIRE t{~DRAI~T CHARGES Inv. ~ Date Amount Date Pd. 8943 10/31/74 $2,625 8647 12/26/73 $2,625 8298 4/30/73 $2,625 7490 1/11/72 $2,625 77178 1/25/71 $2,625 n/~/7o - lo/3i/7~ 12/27/73 12/27/73 12/27/73 $13,125 Re - FIRE HYDRANTS ATTACHMENT TO COUNCIL MINUTES OP 9/16/75 STATEMENT BY EMILY M. JACKSON~ COUNCILWOMAN Page 2. But there have been other places where we were losing money. Thus, I had a meeting last week with Attorney Federspiet, the City Manager~ the Utilities Director and our Liaison man. As s result o£ this I hope you have all received the ndnutes of the discussion. Whether or not you did~ I would like to turn this portion of this discussion over to Mr. Federspiel, and have him tell us the legal aspects.