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Minutes 09-03-74MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY~ SEPTEMBER 3, 1974. PRESENT Ioe DeLong, Mayor David Roberts, Vice Mayor Edward F. Harmening, Councilman Forrest L. Wallace, Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Ernest Simon, City Attorney Tereess Padgett, City Clerk Mayor DeLong called the meeting to order at 7:38 P.M. and asked the audience to rise for the invocation given by Mr. Frank Kohl, City Manager, followed by the Pledge of Allegiance led by Vice Mayor, David Roberts. Announcements Referring to the Agenda under OLD BUSINESS, Mayor DeLong asked to have inserted ~TA. Mayor - Department Heads" for the purpose of trying to get a former matter straightened out. This would change items that are now ,,~T and "B" to t~B" and "C~ respectively. In regard to the public hearing on the Budget, Mayor DeLong said anyone would be permitted to speak with no "gag rule" oz time limitations imposed. The Mayor then invited all those who wished to speak on other items on the Agenda to give their names to Mrs. Padgett to be called at the appropriate time. After each individual has spoken and the question is put to ~ouncil, there will be no discussion by anyone other than the governing body. Mayor DeLong announced there would be another public hearing for the Budget at the Regular City Council Meeting of September 17, 1974. After congratulating Professor Sidney Schwartz for his suggestion that this week be set aside as Boynton Beach Library Week in view of the ne% Library~ Mayor DeLong read a Proclamation designating September 9-13, 1974 as Boynton Beach Library Week. MINUTES Regular Meeting - August 20, 1974 Mr. Roberts moved to accept the Minutes of the Regular Meeting of August 20, 1974 as submitted, Mr. Wallace seconded. No discussion. Motion carried 5-0. PUBLIC AUDIENCE No one wished to speak. BIDS None. - l- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1974 PUBLIC HEKRING - 8:00 P.M. Council moved along to LEGAL as it was not yet 8:00 P.M. LEGAL Ordinances - 2nd Reading - Proposed Ord. 74-17 - Re: PIiBLIC HEARING Other Construction in City Rights of Way - TABLED Item left on table. Proposed Ord. 74-25 - Re: Amending Article 4, Sec. 55 of the Charter Mr. Simon read the above Ordinance on second reading by caption only. Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this ordinance. No reply. Mr. Strnad moved to adopt Ordinance 74-25 on second and final reading. Mr. Wallace seconded. No discussion. Mrs. Padgett called the roll as follows: Councilman Harmening Aye Vice Mayor Roberts Aye Councilman Strnad Aye Councilman Wallace Aye Mayor DeLong Aye Motion carried 5-0. Proposed Ord. 74-26 - Re: Amending Ord, 73-27, Operating Capital Improvement Fund Mr. Simon read the above Ordinmnce on second reading by caption only. Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this Ordinance. No reply. Mr. Harmening moved for the adoption of Ordinance 74-26 on second and final reading. Mr. Roberts seconded. No discussion. Mrs. Padgett called the roll as follows: Councilman Harmening Aye Vice Mayor Roberts Aye Councilman Strnad Aye Councilman Wallace Aye Mayor DeLong Aye Motion carried 5-0. PropOsed Ord. 74.27 - Re: Amending Sec. 15.2 of Chapter 15 of the Code Mr. Simon read the above Ordinance onsecond reading by caption only. MINUTES , REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 3, 1974 Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this Ordinance. No reply. Mm. Harmening moved for the adoption of Ordinance 74,27 on second and final reading. Mr. Roberts seconded. No discussion. Mrs. Padgett called the roll asfollows: Councilman Harmening Aye Vice Mayor Roberts Aye Councilman Strnad Aye Councilman Wallace Aye Mayor DeLong Aye Motion carried 5-0. Regarding the next two Ordinances, 74-28 and 74-29, Mr. Roberts suggested holding up on them until after the next public hearing. Mr. Wallace moved to dispense with the regular order of business. Mr. Harmening seconded. Under discussion, it was clarified by Simon that although this was the second reading of the two ordinances in question concerning the Budget, there would be a third reading after the public hearing of September 17, 1974. TonightTs reading which follows a seven-day notice in the newspaper is to comply with the State Statutes. The third reading will comply with the City's Charter provisions. The ordinances would be read in their entirety tonight. Motion carried 5-0. Ordinances - 1st Reading Proposed Ordinance 74-54 - Re: Annexation of Lake View Haven Mr. Simon read the above Ordinance in its entirety on first reading. Mr. Harmening moved for the adoption of Ordinance 74-34 on first reading, seconded by Mr. Roberts. Under discussion, Mr. Wallace asked Mr. Barrett if this conforms to the City's land use map, etc. Mr. Barrett said the proposed zoning wo~ld be R1AA. A gentleman in the audience asked to speak and Mayor DeLong explained he would have an opportunity ~Oa. the second reading as discussion was already among Council. Mrs. Padgett called the roll as follows: Councilman Harmening Aye Vice Mayor Roberts Aye Councilman Strnad Aye Councilman Wallace - Aye Mayor DeLong - Aye Motion carried S-0. Resolutions Proposed Re~olution 74-FF - Re: Designating Ellis Sarasota Bank $ Trust Company as Paying Agents for Bond Issue Mr. Simon re~d the above Resolution in its entirety. Mr. Harmening moved for the adoption of Resolution 74-FP, seconded by Mr. WallaeR. MINUTES - REGULAR CI1~f COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 3, 1974 No discussion. Mrs. Padgett called the roll as follows: Councilman Harmening Aye Vice Mayor Roberts Aye Comnci!man Strnad Aye Councilman Wallace Aye Mayor DeLong Aye Motion earried 5-0. Mr. Harmening moved to revert back to the regu!am order of business, seconded by Mr. Wallace. No diseussion. Motion carried 5-0. PUBLIC HEARING 8:00 P.M. Re: Proposed 1974-75 Budget Before opening the floor, Mayor DeAong wished to have certain items entered into the record. He wanted to advise the citizens of the City's fiscal status by making a comparison to adjacent municipalities. Bo)mton~s taxable assessment is in the amount of $192,226,000 and the City has proposed a 7.6 millage rate for the ensuing fiscal year. This is because the property taxes amount t~ $1,385,393; all other revenues are $3,048,511 - for a total in the general fund of $4,433,904. West Palm Beach~s taxable assessment is ~554,000,000; their millage including bond issues and debt service (the same ~s Boynton Beach) is 10.39; property tax is $37900,000; revenue from all o~her sources is $9,650,000 - for ~ total of $13,550,000~in their general fund or approximately a little over three times ~/ae amount of Boynt~n Beach. Lake Worth has a taxable assessment of $165,000,000~ total millage is 9. 376~ property taxes are $951,400 and all other revenue is $3,404~600 - for a total of $4,356,000. Delray~s taxable assessment is $288,762,000~ total millage is 9.60~ property tax is $2,67S,000~ all other revenues are $4~025,855 - for a general fund of $6,700~855. Boca Raton has a taxable assessment of ~759,488,000~ millage rate of 8.126~ property taxes are $6,0~5,659~ all other revenues are S5,768,465 - for a total general fund of $11~804:124. Mayor DeLong said his budget experience has shown that to arrive at the amount of millage required to operate a City~ the millage must be pegged to an amount that will compensate for the difference between the anticipated revenue of all sources other than the real property or ad valorem tax and what the estimated cost of operating the system of a city will be. Mayor DeLong then read his memo of August 5, 1974 to all members of Council into the record regarding increasing the millage rate. (Copy attached.) Mayor DeLong said he received replies from Vice Mayor Roberts, Co~nci3_man Stun ad and he spoke about the Police Department matter with Counei!man Wallace. The Mayor then called upon the City Manager for his recommendations, noting that the Budget as submitted is the City Manager's Budget and does not become the Budget of the City Council until it is reviewed and adopted by same. Following Mr. Kohl, the Mayor wished to have the Personnel Direetor, Mr. Sullivan, - 4 - C MINHTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1974 explain the reasons for the recommended pay increase. Mr. Wallace asked for the privilege of making comments into the record first and diseussion ensued regarding the order of business and Parliamentary proeedure. Mr. Wallace felt the gag rule had been invoked and Mayor beLong said as Chairman, he had right to conduct the meeting accordingly. Mr. Kohl then read his recommendations and reasons for the proposed budget. Mayor beLong noted that at the last Budget session attended by the five members of Council, the City Manager was instrueted by fouz members to proceed with drafting this budget and setting the millage a~ 7.6. Mr. Sullivan then made his report to Council and the audience in which he advised that in a survey made last February, it was found that Boyntonts starting salamies were 5% below the other cities. Surrounding cities had mid-year incremses from 2~10% which Boynton Beach did not do. In April Mr. Sullivan reeommended a 12~% pay increase across the board based on his salary survey and on the Federal Consumer Price Index figures. Referring to the Department of the Treasury Monetary Offices - Physical Assistance to State and Local Government issue, entitled ~Entitlement Payments" -- meaning Federal Revenue Sharing, Mr. Wallaee clarified certain newspaper reports in that he still feels salary increases are the number one priority. He said he is concerned about the priorities of this Council and read from the above report. Mr. Wallace referred to the figure of $200,000 encumbered funds and questioned i£ it should be used for a publie utilities building as a number one priority at this time. He £elt other things should be eonsidered and if additional personnel was not going to be hired, he noted that this sum could enable the City to m~ke a reduction of one mill in taxes. Mr. Wallace felt th mt not everyone had been aware of the $200,000 encumbered funds and also mentioned certain irregularities that had been found in the area of garbage collection amounting to approximately $2~000. Mr. Wallace felt if there were only $8,000 uncovered~ it would allow for the hiring of one polieeman. He then referred to the policemen who have been added to the City which is due to a federally funded project and would now allow these people to be on patrol whieh is badly needed. He asked for consideration that priorities be put where they should be placed. Mayor DeLong referred to an earlier conversation he had had with Mr. Wallaee regarding additional police and Mr. Wallace had said no. Some people want a reduction in millage and others want an increase. Mayor beLong felt he had a solution to strike a happy medium. Mr. Roberts £elt he was pretty well apprised of what was going on and theme was not $200,000 eneumbered in the budget at this time. He then read two paragmaphs from ~tNation~s Cities~ of June 1974 and August 1974 regarding inflation and revenue sharing, adding that he was in sympathy with those who live on fixed incomes. Mr. Robemts felt that putting revenue shaming into a capital improvements plan was all might to be used as needed and if not, at the end of the year it could be put towards something such as a public works complex. - 5 - MINUTES - REGULAR CITY COllNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1974 Mr. Roberts wished to explain why he went along %~th the budget as submitted. He noted that some municipalities also have sales or income taxes which are the only source of revenues to keep pace with inflation. Mr. Roberts noted that the Council had copies of expenditures to be made by the City and anticipated revenues for 1974-75. In exsm/ning the difference between last year~s budget and this year~s budget~ there has been a~tmemendous curtail- ~hemPolic~me~at, over $1,000,000. Capital outlays have been reduced from g421,000 to $250,000. Regarding increases, the City has picked up near $500,000 in the ~m~al b~ is now $5,000,000 or 3/4 of the entire general fund. In addition to the $300,000 there are fixed charges -- social security, contributions towards pensions and insurance and other items -- $191,000. Mr. Roberts felt the nation's economy in general isn't good and that if the City is to run properly with its services maintained and looking good, the only alternative is to go up 1.9 mills. Mr. Harmening felt that compared to last year this is a bare bones budget. Referring to the $200~000 for the public works complex, Mr. Harmening felt it was badly needed and would increase the efficiency and morale of the employees while realizing some savings at the same time. If postponed it would be more costly in view of increasing construction costs. Mr. Harmening felt that Boynton's services were comparable to neighboring municipalities with a higher mi!l~ge rate. Mr. Strnad felt that Messrs. Roberts and Harmening voiced his own sentiments and he was satisfied with the budget as presented by the City Manager. In regard to the sewer moratorium in effect, Mr. Roberts said he does not agree with the anticipated revenue figures from building permits, electrical permits, etc. which he felt were too high in view of the country's economic picture. Mr. Roberts then reviewed a study he had done about the costs of services received by the Citizens of Boynton compared to the neighboring cities for the taxes paid last year, and he noted the many. improvements that had been made in the City. Mayor DeLon~ noted that the City has been upgraded for the last couple of years in view of the new Police Department, Fire Sub-Station, I~brary, etc. and he stressed the need for a new public works building. Mr~ Wallace still felt that the priorities were out of order. Mayor DeLon? stated that Mr. Wallace was on the prevailing side when this particular request was presented by the City Manager on June 17, 1974 -- ~To: Honorable Mayor and City Council Members; Pntblication of Approval for Revenue Sharing. I will respectfully request your approval on the June 18th meeting to publieize in the newspapers our application for revenue sharing, which is as follows: General Services Building Complex g200,000; for the Aged and Needy $26,565; Little League Ball - 6 - MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COllNCIL MEETING SEPTEMBER 3~ 19Y4 Field $39~092 - for a total of ~265,65Y. These are revenue shaming funds that w il! be available beginning October, 1974 and payments will be made to the Cityof Boynton Beach quarterly.TT Mayor DeLong said in ~iew of the fact that Mr. Wallace was on the prevailing side, he would recognize Mr. Wallace for a motion in reconsideration of the motion that was voted upon by S-0 members of t~his Council on June 18, 1974. Mr. Wallace said since the matter was brought about in this manner, he wished to remind Council that at various times they have gone back to review~ sometimes adding or deleting money and the human element must be considered. After some further comment, Mr. Wallaee moved to reconsider. Motion.died for lack of a second. Mayor DeLong then opened the floor for dis- cussion of the proposed budget by the audience. Mm. Robert Ferrell~ President of the Fraternal Order of Police, Lodge 49 in Boynton Beach asked Couneil to review its budget for the purpose of hiring additional men in the_Police Department, primarily for the reason of safety. Mr. ~?-~reviewed several reasons for the request o£ 6-12 additional p~trolmen. ~'~Mayor Roberts asked Mr. Kohl for comments as to the size of the Police force and he answered that Chief Huddleston advised by use of overtime and the men that are supposed to be utilized the Police would work with great efficiency in co~ering the City. Discussion then ensued as to the use of overtime and other jobs held by various members of the police force which might interfere. Mr. Wallace felt it was an individual's prerogative to hold as many jobs as he wishes, but he questioned the necessity of overtime to serve the City properly. He felt more personnel should be hired. Mayor DeLong said the previous system of compensatory time ~ lieu of overtime had been the system, but it got out of hand. Proposed Ord. Y4-28 - Re: Adopting the Budget Mr. Simon read the above ordinance on second reading in its entirety. After some comments from the audience in general that they didn't hear or understand the ordinanee when the Mayor had asked if anyone wished to speak in favor or agairs~..~Mr. Simonre-read the pertinent sections. Mayor DeLong asked if anyone wished to speak in favor of this ordinance. No reply. He then asked if anyone wished to speak against it. Col. Albert Worrell of Boynton Isles took issue wmth Mm. Robe~t~s~.~o on a ~igure he had quoted earlier regarding the taxes paid~ Roberts said he hadn't mentioned anyone's name and it was clarified that he had given a figure of $116 versus the $69 that Co!. Worrell had thought. Mrs. Emily Jackson, 728 N.E. 9th Avenue~ asked Mm. Kohl for some information regarding thesewer and water serviee and Mr. Kohl said she could review it in his offioe. Mrs. Jackson wished to know how the figures in the City budgetwere justified withthose of David Reid~ the County Assessor and Mr. Kohl said the City can take o~f an additional half per cent more than the County. Discussion then ensued regarding House Bill 11,10~ Amendment to Section 19L0~2 MINUTES - REGULAR 2ITY COUNCIL MEETING BOYNTO~ BEACH, FLORIDA SEPTEMBER ~, 1974 Florida Statutes of 1973 reimbursing funds to the City. It was clarified that ~!thoughthe bill was passed, the State does not have this money appropriated as yet. It was noted that the deadline for applying for these funds is December 1st and Mr. Kohl has applied, After some comparisons of this yearTs budget to last year's Mrs. Jackson appealed to the Counei! to reconsider about the raising of taxes as proposed. Mayor DeLong said in view of inflation this is not the time to have the City come to a standstill. He said he agreed with Mr. Wallace in going for annexation so that the tax base would be spread. He felt BoyntonTs future looks bright. President David Eunice/of the Boynton Beach Jaycees spoke of a high crime district in the City and appealed for greater support of the Police force and additional manpower. is Mr. Roberts asked where the high crime are~/and after some discus- sion, it was specified to be in the general area of Seaerest and 10th Avenue. Mr. Roberts. noted that most of the City was not a high crime area and said a survey was recently made in a portion of the City and two reports eame back stating there was a good relationship with the police. There was then some further comment about the hazards of being a policeman. Mr. Wa!ieee said there was not only a need for more policemen in the high crime are~ but all over the City. Mr. Jay Kaye of Village Royale on the Green challenged Mr. Wallaee's views about the neSd for using the $200,000 other t~an for a new public works building because of the shabby conditions of the present facility. Mr. Wallace said he has been in every area in the City and he did not question the need for new facilities but only where the priority lies. Rosemary Hillery, 1000 S.W. 26th Avenue, President of the Fraternal Order of Polite Ladies Auxil!iary, appealed to Council to put two patrolmen in a police ear in all the areas of Boynton Beach. Referring to Mr. Harmening~s statement that a new public works building would increase the morale in the City, Mrs. Hillary felt that safety was more important. Mr. Harmening felt the ~orale of every department was important. Mrs. Hillary further questioned the necessity of the new ball fields and also the need for overtime by the policemen. She felt the policemen should be paid more so theywouldn;t have to get a second ~sb and discussion ensued about this point. Mrs. Hillary ~ppealed to Council on behalf of the Au×i~liary to put more money in the budget for additional policemen. It was clarified that copies of the proposed budget were available for the public. Mr. Jim Torbitu of Leisurevil!e felt there was a considerable amount of money allocated to Parks and Recreation for a City of this size and he questioned the number of people hired in this area. Mr. Kohl explained that many of them were part time, particularly in MINUTES - REGULAR CITY~OUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1974 the summer. Mr. Roberts commented that in comparison to Delray~J~, they have the same amount of people or possibly less and their budget is $900~000. He felt the young people weme also entitled tossomething. Mm. Torbit~ asked if the present policy was the same as in the past when municipalities tried to entice people to move there with better facilities and I~r. Hammening said no. Mr. Mike B~ird addressing his remarks to Mm. Roberts, ssid the reason there aren't more high crime ameas is that Leisureville as well as Sterling Village a~e two ameas that are well patmolled because of many burglamies there. Mayor DeLong said that a delegation from Leisureville had come to City Hall and an extra vehie!e and additional men were provided which were not budgeted for. Mm. Beard spoke of the problems in the Police Depamtment beeause of a shortage of manpower and appealed for reconsideration. Bertha Hamtley, 206 N.W. 6th Street, Lake Boynton Estates, asked for Council's considemation in getting the budget lower to avoid the 33% increase. Mayor DeLong explained that the taxes were lowered last year because of reports that the City had more money than it actually had and the reports were inaccurate by $500~000. There was some ~iscussion about the reassessed valuations of last year and it was clamified that this should be taken up with the County if there was some ~uestion, as the CityTs spoteheek showed there was no increase in Boynton Beach. M~yor DeLong felt that regarding surromnding cities of a population of 15,000 up, Boynton has the lowest millage. A gentleman from the audience who said he was a parole officer asked Council to give the police officers an increase in salary mud hire more men. Mrs. Emily Jackson said she hoped the cuts in budget eould come from somehwere other than policemen's or other salamies. Mr. RoberEs reviewed the salaries of sevemal members of the poliee force, indicating they were fair and Mayor DeLong commented that if there was a little more supervision, things would be different. Mr. Ferrell returned to the floor and hoped the matter would be seriously eonsidered. He commented about the City's growth and need for time to have new men trained. He felt the men would work._~%r~t~e in emergency situations and that they were dedicated. Mr. ~again appealed to Council for reeonsideration about hiring more po!icemenf Mayor DeLong clarified that in regard to annexation, more men would be hired when the City expanded. Mr. Roberts said it was necessary tokhave a wife working today because of inflation and the cost of living and this has been a fact of life since World War II. This is not only true of Boynton. A gentleman from the audienee asked if garbage collection was going up S!.00 and if commercial pick-up was going up 20% and the answer was yes. This depends on the nunfoer of containers, present rate, ere. Discussion ensued regarding the increase of the 9 - MINUTES - REGULAR CiTY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 3, 1974 individual homeowner versus commercial ~d Mr. Wallace said he voted against it. The gentleman felt that garbage collection should be included in the tax rate and Mayor DeLong said it is handled as a separate entity. There was further discussion comparing Boynton to West Palm Beaeh which has a hi~her millage with a portion of the cost of garbage eo!lection included and the remainder subsidized. Sharon Parrell, a member of the Fraternal Order of Police Ladies Auxilliary felt that Mayor DeLong's comments during an earlier discussion about being a law enforcement offieerdidn~t take into account the same type of dangers as the men today. Mayor DeLong said his remarks were misinterpreted and there were hazards in all police work. Mr. Lou Eggleman of Village Royale appealed to Council to give the police officers a gmeater salary. Mr. Bill Eamp, member of the Fraternal Order of Police and police officer of the City directed his questions to the Mayor and asked for clari£ieation regarding supervision in the Police Department. Mayor DeLong said if he sees anyt~ong~he would bring it up with the City Manager. Mr. ~cm~ said as ~ supervisor himself, it was impossible to do the job expected as more people were needed. Riehard McLeod asked what happened to the supervision with regard to the $500,000 the City thought it had but didn't last year and Mayor DeLong explained that the Finance Director is no longer with the City because of his in~aeurate statements. Mr. Roberts noted that there were~ many things to consider and they could possibly be taken up ~fter the first of the year the economie situation isn't as serious as it is now. Mm. Roberts moved for the adoption of Ordinanee 74-28, on,secOnd reading, seconded by Mr. Strnad. No discussion. Mrs. Padgett called the roll as follows: Couneilman Harmening -, Aye Vice Mayor Roberts Aye Cofmcilman Strn~d Aye Couneilman Wallace No Mayor DeLong Aye Motion carried 4-1, Mr. Wallace opposed. Itwas clarified that Council would be open to review of the situation as time goes on and funds become available. Mr. Lee Camarde~lla, member of the Fraternal Order of Police felt it was important to keep employees happyon the job. He explained that with 3~e years on the force, he is the senior patro3_man in the City and there must be some reason.for the turnover. - l0 - MINUTES - REGULAR CITY COUNCIL MEET/NG BOYNTON BEACH~ FLORIDA SEPTEMBER 3, 19Y4 Proposed QDdinance 74-29 - Re: Tax Millage Rate Mr. Simon read the above Ordinance on second reading in its entire~y. Mayor DeLong asked if anyone in the audience wished to speak in favor of or against this Ordinance. No reply. Mr. Harmening moved for the adoption of O~dinance 74-29 on second reading, seconded by Mr. Strmad. No discussion. Mrs. Padgett called the Po!! as follows: Councilman Harmening - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Councilman Wallace Kge Mayor belong Aye Motion carried 4-1, Mm. Wallace opposed. Other None. OLD BUSINESS Mayor - Depamtment Heads Mayor DeLong said on August 13, 1974 every member of Council was asked to give his feelings to the City Manager regarding the attendance of department heads at meetings as Mr. Wallace had noted it was in the Charter. Mayor beLong felt it was time to amend such outmoded provisions as adjacent municipalities have done so long ago. Under the City Manager for~ of government, those City employees necessary at all ~egularmeetings o£ a City Council are City Clerk, City Attorney and City Engineer. The City Manager is vested with the authority to request any Department hea~to attend regular meetings when in his opinion their presence is needed. Mr. Roberts moved to instruct the City Attorney to amend the O~dinanees whereby Department Heads are compelled tO~atte~nd all meetings and to be guided by the request of the City Manager that those who will attend be the City Clerk, City Attorney and City Engineer and at his pleasure, he will notify ~epartment ~e~ds to be present when needed. Mr. Harmening ~eeonded. Under discussion, Mr. Wallace stated for clarification that he originally brought up the subject to comply with the Charter and has subsequently wmitten a letter requesting that Council comply with the motion as just made. Motion carried 5-0. Appointment of One (1) Alternate for the Board of Adqustment - TABI,ED Mm. Harmening noted in reading the Minutes of the Boamd of Adjustment meeting~ it appeams that they have the height of sufficiency they - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 3, 1974 need in the number of alternates. Mr. Harmening moved to strike this item from the Agenda. Mr. Wal!aee seconded. No discussion. Motion carried 5-0. Consider Request of Harry A. Miller - Boynton Beach Taxi Service Mr. Kohl read Mr. Miller?s letter of August 22, I974 in which he requested being plaeed on the agenda of this evening's meeting. His subjeet will deal with the taxicab service to the people of Boynton Beach that he has been providing for over five years. Mr. Miller requested that Couneil rescind its aetion of August 20, 1974 at which time there were three app!ieants requesting 11 certificates for convenience of necessity and Council voted to approve same. Mr. Miller then read from the Charter, Section 27-4 regarding further taxi service. Mr. Miller said it wasn't found that further taxi service was required nor was it detemmined as to the probable effect of increased service on !oeal traffie con- ditions, nor was a determination made as to the character, experience and responsibility of the app!ieants. Mr. Miller referred to comments made by the City Attorney on July 16th in the Minutes of the meeting that Council must first determine if there is a need for this ~ervi~e. Mr. Miller wished that Council would either amend the ordinanee in question or rescind its previous action. Mr. Milier referred to Mr. KohlTs letter for the agenda of August 20, 1974 in which he stated that according to the Charter, if the City Council finds that further taxi cab service in the City is required by the public convenience and necessity, then the Council can approve same. Mm. M/l!er ssid this was not found. Mayor DeLong said he himself checked how much the population increased si~ee the last certificates were approved and he was of the opinion due to the increase that there was a necessity for additional transportation convenienees. Mr. Miller wished to have Mm. Kohl and Mrs. Padgett state whether they felt his service was adequate and it was stated that Council would make the determination as to whether or not additional service was required. Mr. Ifiller felt that Council's motion and action was not fully in aceomdance with the statutes in this regard and also that there was no further need. Mr. Hammening moved to accept the complaints of Mr. Miller and turn them over to the City Attorney for a legal opinion. Mr. Robemts seconded. Under discussion, Mr. Wallace felt Council's previous action was correct and perhaps this matter could be acted upon tonight. Mr. Harmening agreed and thought perhaps Council,s action hadn't been properly stated accomding to statutes. Mr. Simon agreed with Mr. Mil!er~s statements that the particular section of the Code in question requires City Council to make certain detemminations and findings and after making same, to determine whether or not to grant the certificates. I~ it is found that theme is no necessity or that the applicant is not worthy or willing and able to fulfill, Counei! would deny the application. On the other hand, it is the responsibility and function of the City Council to 12 - MINUTES - P~EGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, t9Y4 make these various findings and having done so, if favorable to the applicant, to grant the certificate. Reviewing the situation at hand, Mr. Simon said the first time this matter came before Counei!, there was some question about whether Council had suf- ficient information To make a determination. The second time it came up, Council had been apprised of various factors involved regarding necessity and qualifications of the applicants. Mr. Simon wasn't sure if the motion was correctly quoted in the last Minutes, but he felt there might be a need for a clarification of the intent and action of C6uncil in granting these conveyances. He felt Council should either review the m~terial before them and make a determination or clarif~ the past action to make the record read the truth. After some further discussion as to the interpretation of the motion, Council decided that only clarification was needed here. Mr. Harmening moved that the previous motion of the granting of the certificates be clarified to the extent that it ~is the deter- ~nat.i?n of each member of ~, c~%1~ ~wh~9 ~,h~s_ ~s,~ud~d~ ~tj~e,~b~ ~agl<~Aoun__ d _~ at ~nere is a necessity ~rf ~b~rS~a~ ~~~ Mr. Wallace seconded. No discussion mnongk~C~uncil. Motion carried NEW BUSINESS Consider Application for Annexation from M~. Harvey S. Taylor of Herbert Anson Associates Referring to the information before Council, Mr. Kohl noted Mr. Taylor's application in accordance with Resolution No. 74-L. The complete file, including Mr. Taylor~s check, land use plan, survey and location map is in Mr. Kohl's office for Council's study and perusal. Mr. Kohl ssid he brought the information with him for this evening's meeting. There are 87-plus acres in question in lieu of piecemeal strip development, ~his project would be a coordinated product of combing aesthetically con~nercial and resi- dential use for the convenience of all within and outside the project. Mr. Barrett ssid this app~imation would come under the PIiD omdinance and would probably run about 5% of the area as commercial. He said this is only an application for annexation. The Planning $ Zoning Board has not seen this. Mr. Barrett said part of the property owned now is the northern City limits. If annexed, it would be contiguous with the north boundary of the City limits and the south boundary of the Meadows. Mr. Wallace ~sked in regard to the DeBartolo property there and the development of the large shopping area itself, how is this affected. Is there going to be a small shopping area and is the large shopping area to be disregarded? Mr. Barrett said no, Herbert Anson Associates were in here preliminarily and they had a shopping area which was shown on and MINUTES - REGULAR CITY COI~NCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1974 Congress Avenue, designed to serve the particular complex they are designing around it. Mr. Barrett said he suggested in view of the Meadows, and their commercial m~ea being located far away from this, this shopping center be placed on Miner Rosd with aecess to and from their complex, without any pass age through to Congress or to Miner, except ~or travelling away from it. It was clarified that this would all be womked out by the Planning $ Zoning Board and tonight's action is just a matter of accepting the application. Mr. Wallace moved to process the application for annexation reeeived from Mr. Harvey S. Taylor. Mr. Strnad seconded. No discussion. Motion carried 5-0. ADMINISTRATIVE Consider Request from the City of Delray Beach, Re: Changing Closing Hours of Our Bars Mr. Kohl referred to the letter from the City of Delray Beach of August 20, 1974 which was before Council regarding changing the closing time for bars from 4:00 a.m. to 2:00 a.m. in an ~ttempt to minimize lawlessness. Delray felt they should not mske the change unless Boca Raton and Boynton Beach make a similar change. Mr. Kohl?s letter for the agenda stated that the City of Boynton Beach hours of sales and consumption of alcoholic beverages are between 8:00 a.m. and 5:00 a.m. on all days except Sunday when they are between 12:00 noon and 5:00 a.m. of the succeeding Monday. Mayor DeLong felt that the loeal dealers should be considered and Mr. Kohl said that Boca Raton had re~used. A~ter some diseussion among Council during which the members expressed their feelings that changing the hours would not be in the best interests of the City at this time, ~t~w~b~d~v~d ~an~etb~matte~d~s- e~IR~%~t The City Manager will advise De!ray that iBoynton Beach is not considering taking any action at the present time. Application for Permit to Solicity - Muscular Dystrophy Association of Amerie~Inc. Mr. Kohl requested that Council approve the above application. Mr. Harmening moved that the application for permit to solicit be granted. Mr. Wallaeeseconded. Mr. Roberts asked if this was the same form of application always used and have any been changed. Mr. Kohl explained this was a different type and he alreadyhas something stamted on the other one. Motion carried 5-0. Application for Beverage License . Wishing Well Mr. Kohl said the above application for beer and wine package sales was in order, and he recommended approval. Mr. Wallaee moved to follow the City Manager's recommendation, seconded by Mr. Harmening. After some discussion, iMf. Barrett said the applicant intends to MINUTES - REGULAR CI2Y COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 3, 1974 open a store in conjunction with t~e motel -- he is going to convert one of the motels and he would have to make an application with the Hotel and Restaurant Association to do this. Council felt he should go through that procedure first. Mr. Barrett said he was required to advise if this conforms with the ~oning mequirements which it does. Mr. Wallace said on the basis of the information as presented, he withdrew his motion. Mr. Wallace moved that the application from The Wishing Well for a beer and wine license be rejected. Mr. Harmenin~ seconded. The City Manager will fill the applicant in with ~e reas sns thereof. No discussion. Motion carried 5-0. Application for Beverage License - Mack A. Johnson 5 Leroy Johnson, Yr. Mr. Kohl said this applieation for beer and win8 consumption on premises at 1005 N. Seacrest Blvd., Boynton Hill was not in order as the location does not comply with the local zoning ordinance for the sale of alcoholic beverages. Mr. Barrett clarified that it does comply with the zoning, but not the distanc~ requirements. Mr. Harmening moved to deny the application for beverage license from Mack A. Johnson and Leroy Johnson, Jr. Mr. Wallace seconded. No discussion. Motion carried 5-0. Approval of Bills Kohl read the following bills for approval: Standard & Poor Rating on Municipal Bonds Reimbursable from 1974 Bond Issue Pay from Utility General $ 1,100.00 m Alsay Pippin Periodic Estimate ~l Wells 412, 13, 14 (All materials purchased) Pay from budgeted funds -- 61D0-581 18,954.00 Keene Corp. Repair ~! pump at Kwik Pay from budgeted funds Check Lift Station -- 6220-274 1,512.00 Moody's Investors Service, Inc. Rating on M~nicipal Bonds Reimbursable from 197~ Bond Issue Pay from Utility General 1:500.00 Rowland Truck Equipment Front End Loader Pay from budgeted funds -- 2400-512 32,495.00 6. Callaway, Carpenter ~ May 2~958.6! Pro~essiona~ servmces re-audit for ~74 Bond Issue Reimbursable from Bond Issue Pay from Utility General 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 3, 19Y4 Approval of Bills (Cont'd) Southeastern Municipal Supply Co. Repair clamps Pay from budgeted funds -- $ 1,238.40 Senior Citizens Club Salaries for Asst. cook $ driver Pay from Federal Revenue Sharing 560.00 Peabody. Peterson Co. -- Est. ~5 Wastwater Treatment Upgrading Reinfoumsable from 1974 Bond Issue Pay from Utility General 94:849.68 10. Russell $ AXon Inv. ~1 Job 6858-12-11 Pay from Utility General Fund Sewage 2reatment Plant Improvements 1,550.00 G~®mggeCQ~DR~3~gs Architectural servi ees -- Fire Sra. Library Pay from Federal Revenue Sharing 12. Inman, Inc. Est. ~6 Pay~rom Utility General Reimbursable from D.O.T. R · ( e. 1-95 relocation) $1,625.00 4:875.00 6,500.00 46,458.88 The bills descmibed have been approve~ and verified by the department heads involved, checked and approved for payment by the Finance Director arid funds are available in their respective budgets. Mr. Kohl reconmended payment of these bills. Mr. ~af~a~en~oved to pay the bills as recommended by the City Manager. Mr. St~nad seconded. There was some dissussion about the payments to be reimbursed by D.O.T. and the length of time it takes. Motion earried 5-0. OTMER None. ADJOURNMENT Mr. Roberts moved to adjourn, seconded by Mr. Harmening. Motion carried 5-0. Meeting adjourned at 11:00 P.M. CITY OF BOYNTON BEACH, FLORIDA Vice' Mayor MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOR/DA SEPTEMBER3, 19Y4 ATTEST: ~City Clerk CiTY of BOYNTON BEACH August 5, 1974 Members of the B°Ynton Beac~ . City Council - Gentlemen-k Having reviewed the proposed budget, line by line. as su]=mittedby City Manager Kohl for the ensuing fisca!year in two (2) budget sessions on Mondays July 22nd and Tuesday, July 23, 1974 attended by Vice Mayor Roberts, Councilman Strnad and your Chairman, a few modifications were madeand Vice Mayor Roberts requested additional revenue data from City~ar~gerKoh!. It is my belief it was the consensus of all three (3) council members who attended the budget sessions, ~ order~ to the proposed budget the present millage rate will have to be increased by one point nine mills (1.9). pre~k~cated upo~the information one (1) mill equals one. hundred and eighty seven thousand ($187,000.00) dot,ars for a total of tt~ree hundred fifty five thousand t~ee hundred ($355,300.80) do!tars~ fo= one point nine (1.9) mills. If the present garbage collection rates are not one ($1) dollar per month it will be necess~ to add om- more mill, but only if the commercial rates are increased by twenty (20%) per cent, if not, additionatmillage will b e required. Charging the loss of revenue in the operation of the garbage collection system to the general fund wo~Id then increase~he - present millage from five point seven (5.7) mills to eiq~tpoint .six (8.6) mills which amount would be the exact reduction received in the ad valorem tax hy the taxpayer for~3ae present_ f3. scal yearl In order to acquire this additional one (1) mill~o support the garbage collection system which amounts to one hundre~ eighty seven thousand ($187,000) dollars the Council could consider several sources for adjustment. Members of the City Council Page 2. August 5, 1974 The Chairman takes this opportunity to apprise Com%cil members that the two hundred thousand ($200,000.00) dollars earmarked for the constrnction of a General ~ervices Complex is an enCunfoered item~ by Council action, d~ to the fact t~e application to the Federal Agency by the Cit~for continued federal revenue sharing funds listed two hundred thousan4 ($200,000.0Q) dollars for this project. It appears the only sources remaining,' besides this encumbered sum, where reductions may ~e possible are t_he following= 1. Proposed salary increases ? 2. Community promotion $24,000.00 3. Merit raises 35.000.00 ' _~ ~ -3. . - 4. Contingency fund ?5,000.00 5. Pension reserve for - increased pension benefits 30,000.00 6. Books for new Library 20,000.00 7. Little League Ball Park (some funds encumbered) " 125,000.00 8. Overtime payments in lieu of compensatory time . Police and Fire Dept. 42,000.00 9. General Services Complex (Enctun~ered) ..200,000.00 .... $551~000.00 ~: ~ . The questions are, where do we reduce, what ~Iaotnlt d~ reduce, what effect will the reductions have-t~pon the operation of City business during the next fiscal yea~-? JD:rf