Minutes 07-26-73MINGTES OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH: FLORIDA: HELD AT CITY HALL~ JULY 26, 1975.
PRESENT
Emily M. Jacks. on, MaYor
JOe~DeLong, ~Vice May~r
O id Ob& s, councilman
EdWard ~. Ha~mening, Councilman
Forrest L. Wallace, Councilman
Frank Kohl, City Manager
Tereesa padgett, C~y Clerk
Ernest G. Simon, City Attorney
Mayor~J?ckson called the meeting to orde~ at 5:01 P.Mi, announcing
that~this Wou.ld be a SpeCial Meeting, ra%he~ than a Wg~.kshop
Meeting as Originally scheduied. She welcomed the a~diene~ and
proceeded to introduce the first item on the agenda.
Presentation by Palm Beach Cqunt~ Transp_o_rtation Authority
Mr. John PiPpin Of the Palm Beach County Transpoz~cation Authority
made a presentation to the Council concerning the necessity and
advisability of extending additional bus service to.the public
throughout the County. He appealed to the Cou/%cil for its interest
and financial support in the program. He Deferred to the figure
of approximately $9, 000.00 per year over a 5-year period o~ financial
participati.on needed from Boynton Beach, which .M.~. Anderson of the
T~r.~ans~portat.~io~ A~ut. hority's advis~ Board, mentioned at th~ Regular
ul~y council l~ee~ing of July 17, 1973.
Mr. Pippin adde.d that this fi?~ re cou. ld vary, dependin~ on the level
or type of servxce that the City de,ires. P~ also stated that the
ETra~.sport. at~i_on Authority was . .a~xi~as to work with the City~ its
ng~n. eerln, g ~.ep.artment and citizens, in order to pla~ for the best
servmce withxn mrs bour~a~ies.
The Council questioned Mr. Pippin as to whether the routes mapped
out would be subject to any changes by the City and Mr. Pippin said
yes. He stated that the bus line would travel on Seaorest to No~th
6th Avenue, travel south on ~.S. 1 to 25rd Avenue, turn back to
Seacrest and then south, connecting Delray Beach and Boca Raton,
based on an hourly schedule.
Mr. DeLong stated the Council's appreciation in having members of
the Transportation Authority appear on behalf of this prog~?am. He
felt it was not the City's prerogative to take any immediate action,
but that the Chair should appoint a con~nittee, with the approval
of the City Council, to give the subject an overall study. He
stressed the necessity of the people, being considered fo~ the bus
service to be serviced properly. He~ added that the local Chamber
of Commerce has a Development Board Which might be called upon to
assist in such an in-depth study.
Mayor Jackson a~reed, stating that she thought a transit committee
could be comprised of members of each condominium~ plus each large
neighborhood~ along with the Chamber of Commerce Development Board.
MLNU~ES OF SPECIAL MEETING OF CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, 011LY 26, 1975.
She suggested that each Council member bring in a name at the next
Council meeting. She felt that such a committee could have meetings
and discuss its findings with Mr. Pippin and the Council so that some
arrang~mant could be worked ou~ regarding routing~ fares, the amount
of the City's financial participation, etc.
Mr. Wallace suggested passing a resolution at this meeting, letting
the Transportation Authority know that the City of Boynton Beach is
willing to participate, with the provisos as far as ag~eemeuts are
concerned. He felt it would help to clarify that the City is working
towards that end and at the same time help the Transpoz~ation Authority
in their negotiations with other communities, agencies, the Federal
Government or County. He referred to an earlier franc/%ise bus
system that the City had to Bethesda Hospital, stating that was one
of the reasons that there was a question concerning routes. He asked
Mr. Pippin if such a resolution would be helpful,
Mr. Pippin said that a resolution is what the Transportation Authority
needs to indicate in thePublic Hearing of August 15th t~hat they
are trying to serve on a regional basis and are allowing each munici-
pality to state their individual needs. He stated that such a hearing
mus~be held in accordanee~rith Federal andState government require-
ments.
Mayor Jackson asked Mrs. Padgett if the City had gone on record a
year or two previously letting the County know that Boynton Beach
was interested in having a Transit Authority. Mr. Wallace stated
that a letter had been written to the County specifying the City's
interest. He repeated his feeling that a resolution stating the
City's interest, without a financial commitment, would be in order
at this time.
Mr. DeLong asked for clarification that it would be just a resolution
in good faith of the City's desire to participate. He felt that
the formation of a committee to make a study would be evidence enough,
however~ he added that he would be in agreement to have a resolution
drawn up, precluding any mention of the amount of money the City
would have to contribute.
There was further discussion between Mr. DeLong and Mr. Wallace as
to what would actual!yb~ necessary after which Mr. Wallace moved
that the City Attorney draw up a resolution stating the wishes of
this Council to be presented to Mr. Pippin or whatever authority is
deemed necessary for the CityTs possible future participation in a
County-wide bus service. Mr. Ha~mening seconded the motion and Mr.
DeLong added that he liked the word, ~possible.~
~nder discussion, Mr. Harmening asked Mr. Pippin if this action was
strong enough and Mr. Pippin answered yes. Mayor Jackson asked if
Mr. Pippin would-9-ive the appointed committee any guidance requested
and he answered that he would be more than happy to do so~ Motion
carried 5-0.
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MINUTES OF SPECIAL MEETING OF THE CITY COU~NCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA: HELD AT CITY HASL, ~dLY 2G, 1975.
Mr. Wa/lace asked Mr. Pippin if he could make a suggestion as to the
number of persons necessary in a study committee and Mr. Pippin
answered that between 7 and 9 would be adequate.
Mr. Ralph Pierson, 2751 N.W. 1st Street, came up and said that he
recently moved into the Rolling Green section of town and that a
bus service would be very much appreciated. He asked to go on
record that he and his neighbors would be willing to participate with
the City to help with this pro,am, especially in regard to service
to Bethesda Hospital.
Mayor Jackson reminded the Council members to bring names of people
from various parts of town who might be appointed to work on a
committee tO study the proposed bus system.
In the interest of time, Mr. Wallace moved to jump down to Item 5-A
on the ag~a, concerning, approving plat of Ridge Grove. ~ir. DeLong
seconded the motion. There was no discussion and the motion carTied
5-0.
Approving Plat of Ridge Grove~
Before the reading of the ordinance, Mr. Wallace asked Mr. Kohl and
Mr. Barrett if everything was in order concerning the plat of Ridge
Grove and Mr. Kohl answezed that everything appeared to he in order.
Mr. Simon then read Ordinance No. 75-5! on first reading -- An
Ordinance of the City of BoyntonBeach~ Florida: Approving Plat of
Ridge Grove Estates, etc.
Mr. DeLong moved for the adoption of Ordinance No. 75-31 on first
reading, approving the plat of Ridge Grove. F~. Roberts seconded.
There was no discussion and the motion cazTied 5-0.
The Council agreed to proceed with Item 5-B under "Legal.~
Re-Open Burning in the City
Mayor Jackson questioned'whether this should be an emergency ordinance,
since there was a present ordinance in effect stipulating that a
permit was needed for open burning. She felt that burning could be
stopped by not issuing permits. Mr. Simon concur~ed~ stating that
he had prepared the emergency ordinance as he was requested to do so.
Mr. Wallace asked Fire Chief Wright if he felt this should be an
emergency ordinance and Mr. Wright said yes. Mr. Kohl interjected
that he and Chief Wright had discussed the emergency ordinance and
agreed that itwas in order. The Council agreed that based on the
recommendations of the City Manager, the ordinance be read asan
emergency.
MIhrdTES OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, J~LY 26, 1973.
Mr. Simon read Ordinance No. 73-32 on first reading -- An Emergency
Ordinance of the City of Boynton Beach, Florida, ~mending Section
17-7 of the Codified Ordinance of the Said City: Making it U~_lawful
to Have Any Fires Open Burning Within the City Limits, Defining
Open Burning, Providing Exceptions and Establishing Penalties, etc.
Mr. DeLong moved for the adoption of Emergency Ordinance No. 73-32
on first reading. Mr. Wallace Seconded. There was no discussion.
Motion carried 5-0.
Discuss Flood Insurance Program
Council reverted back to Item 2 on the agenda and Mayor Jackson
referred to the literatUre that each member had received concerning
flood insurance, along With inquiries received from the public
regarding coverage. She asked for the Council's feelings on this
subject and Mr. Wallace referred the question to Mr. Kohl.
Mr. Kohl advised the Council that he asked the City of Delray Beach
to send as much info~mation as possible, adding that they spent
months on this subject, There was further discussion between the
Council, Mr. Kohl and Mr. Barrett, Who stated that flood control
insurance would affect the building codes, street levels, sewer and
water levels, elevation of manholes, etc.~ and would require a 9~eat
in-depth study.
Mr. DeLong moved to lay this question on the table until reports were
received from surrounding cities, seconded by Mr. Harmening. There
was no discussion. Motion carried 5-0.
Discuss Weed Control in Canals
Mayor Jackson asked Mr. Kohl to report on this and he Stated that
other cities do not control weed growth in the canals, however, the
efforts of the City of Boynton Beach are costing money in chemicals
and manpower. He could not find any records to determine when the
City took over the responsibility of this situation.
Mr. Wallace pointed out that there is an ordinance that specifically
states that any new developer coming into the City who cuts into
canals is responsible to keep those canals clean and it definitely
is not within the realm of the City to go this route. He then
referred to other situations that had occurred in the past and ques-
tioned whether the City was picking up the tab for what some of the
developers were supposed to be doing, as this was not the policy of
the City in the past.
Mayor Jackson felt it was un~air to use the taxes of all the people
in the City when just a few benefit and she pointed out that the
owners along a canal have riparian rights and that they could join
together to pay for weed removal.
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MINU~ES OF SPECIAL MEETING OF THE cITy COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ J~LY 26, 1975.
There was further discussion among the Council as to how the problem
might be taken care of, along with the way it iS handled by other
municipalities.
Mr. Harmening suggested the drafting of an ordinance specifically
for the people who live along canals ~ereby they would be responsible
among themselves for keeping the canals cleared.
Mr. DeLong suggested if the City's manpower was used, the City
would be privileged to set up a special taxing district. Mr.
Simon concurred~ stating that it would be a special assessment,
such as pavin~ a street.
The pros and cons of such a situation were then discUssed by the
Council and Mr. DeLong asked Mr. Simon if i~ would be proper for
an ordinance or resolution to be drawn up whereby the City does not
accept the responsibility of cleaning various canals. Mr. Simon
said that in the absence of any authority to do so, there is no
reason to assume the liability and pass a resolution stating that
the City is not going to do something that it doesn't have to do.
A~ter further discussion, it was the general consensus of opinion
amonq the Council that there was no need for any action.
~iscuss Millage for 1973
Mayor Jackson referred the Council to the report handed out by the
Finance Director, Mr. Flyrm. Before Mr. Flynn came up to speak,
Mr. Wallace asked Mr. Simon for clarification regarding millage as
to what is to he done with the excess money that is not encumbered
for some specific project that the City has gone into.
Mr. Simon referred to the end of the fiscal year pour-over ordinance
of all surplus monies and he explained that the money Mr. Wallace
referred to would go into the Capital Improvements Fund created
by the ordinance: to be ~used as an operating Capital Improvements
Fund.
Mr. Wallace explained to the Council that he asked the question
because there have been no plans for surplus monies in the past and
he would like to see the excess ~romthe millage be used for growth
within the City.
Mr. DeLong referred to the adoption of the Capital Improvements Fund,
stating that he understood that all this money could go in there to
be used for operating purposes ?~hich could be used for capital or
public improvements. He felt the ordinance should be amended so
that all unappropriated funds would be transferred into the Capital
Improvements Fund provided, however: that the budgetary items fo~
the ensuing fiscal year are provided £or -- thereby permitting a trans-
fer of funds before these fu~%ds were allocated into the Capital
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MINLLTES OF SPECIAL ~ET~NG OF THE CITY COUNCIL OF THE C~'~ OF
BOYNTON BEACH, FLORIDA, HELD AT C/~Y HALL, J~LY 26, 1973.
Improvements Fund. He expl .~.ed to Mr. Simon that he was going to
pres.ent .th. is at the next meeting and he would call the. ~i~ Attorney
to give hxm the exact wording of the amendment.., -He added that the
am~dment was necessary beCaUse the unappropriated sUrplus was not
known to him and that it wasn't taken into ~onsid~rati0n earlier.
htter some discussion b. etween Mr. Simon, Mr, Flynn and Mr. DeLong,
.was ? fied th, t .dre g up'.the it stated
a~ a~ calyces ~ng w~ld ~e~ tO fihe Capital ~p~v~ts
~d~ M~. W~laee eXpr~sed tha~ th~$ Was the reas~ ~0~ his question
pr~xousty.
Mr. Flynn then addressed the Council regarding the m~llage rate to
be set fo~ the next fiscal yesm, He had Prepared a worksheet based
on the information received frcm the TaX Asse~s~
Mr. DeLong asked Mr. Flynn if the ma~n purpose of today's meeting
was t~ a~quaint the Council with the Tax Assessor's recommendations,
after Which the Council would know which direction to take while
waiting fo~ the Tax Assessor's final opinion.
Mr. Flynn concurred that today's meeting was for the purpose of
giving the Council guidance in its decision on setting the millage
rate. He then explained how the Council might use his worksheet,
along with other documents received from the Tax Assessor, expressing
that he would like to have the Council's thoughts.
Mr. DeLong noted the thought and consideration that went into drawing
up the Budget, pointing out the 9~owth of the City. He then questioned
the varianee between the Tax Assessor's millage figure of 6.20~ and
the Finance Director's recommendation of 7.1 mi~Is,which was a spread
of $1~6,227.00. He felt this was quite a bit to eliminate from a
budget where the City is in need of so many facilities due to its
~apid 9~owth. He asked how a figure of 7 mills,or a difference of
17,115.00 between the Tax Assessor's recorm~end~tion and the Finance
Director's recommendation would affect the budget. Mr. Flynn felt
that adjustments could be made without serious effects.
The Council then discussed the question of re-assessments throughout
the City and how it ties in with setting the millage rate. Mr. DeLong
pointed out that with the new system, there was no way for the tax-
payer to determine whether the City or the County is actually respon-
sible for the increase in their propez~cy taxes and he felt that
most would assume it was the fault of the City Council. Mayor Jackson
stressed the need for proper newspaper repo~ting at the time the
City sets the millage rate.
During further discussion concerning surplus in the budget due to
unappropriated funds: Mr. Wallace asked ~. Flynn for detailed
clarification as to exactly ho~, much surplus money there will be
after the millage is set. He questioned the amount the Council
would want left in the contingency f~nd and what it would be used
for.
MINUTES OF SPECIAL MEETING OP THE CITY COUNCIL OP THE CITY OF
BOYNTON BEACH: FLORIDA, HELD AT CITY HALL, JULY 26, 1975.
tM~t, F.lYrm ?xpressed that a very tight 5udget had been drawn ,rap and
in :us/ng the millage ~ate of 7. !, the~e wOUld not be very
much suI~plUS left over.
.Mr..Fly~ and Mr. DeLong discussed the defleit of -~85 000.00
u~,~c=o, ea unapprop~Za~ea surpluses that were available. It was
stated that water and sewer has no bearing on the general fu~d.
MT, DeLong said that with the budget set up as it is, With funds
from the St.?_t~ ~md
several ott~er accounts,
such aS unf{3died positions funds, etc. ~ it would
be possible to take care of all the pmojects listed in the ensuing
y a~.. He mentzoned taking care of the pa~ks With ~/~eational
~aczlities, ~he dog pound, ]R~a~y and 0thersl Mr. Fl~nn agTeed.
Mr. Piynn brought up t. he possibility of final/zing outstandin~
?~urchas..e orders, by Sither getting a fi~m delive~ dat~ ~r c~cel]~n~
uno or-ers and he asked fo~ the Council'~ fee~
~ ~_, ............ .. ~ _g on t~ point.
.~_. ~z~.~9 as~eu ro~ a speelr~e listing of encumbered flmds and it
was decided that Mr. Flynn would enlighten the Counc/1 further
after his study was completed.
The Council and Mr. Flynn then went into lengthy discussion about
the pros and cons of setting the millage rate at 7.0.
MT. DeLong asked for con=cent from Mr. Kelly of the ~ ' ~
regarding his exper/ence with the pDoblem of re-assessmen~ in ~terl~g
Village and Mr. Kelly spoke of the concern about the high increases
in this area which has not yet been resolved.
The Council generally agz~ed that the millage rate would be set
around 7.0.
After some fu~her discussion about the millage rate certified by
the Tax Assessor, the Council pointed ou~ the me, its of its cuzTen~
budget o
Col Weh$~iI spoke from the audience, stating that he felt the City
would not get much static /f the millage was set at 7.0 versus the
figure of 6.204 from the Tax Assessor and it was the Council's
opinion that even though they t~, it will be impossible to please
everyone.
,Consider Proposed Resolution - Re: Water Quality Management Plan
Mr. Kohl read a lette~ from the City Manager of Delray Beach, Florida,
MT. J. Eldon Mariott, dated July 17, 1975, addressed to the municipal
heads of Boynten Beach, Ocean R/dge, Briny Breezes: Hypoluxo, Highland
Beach~ Gulfstream and the Chairman and Members of the Palm Beach
County Commission.
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MIhUdTES OP SPEC/AL MEETING OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, JULY 26~ 1973.
Mr. Mariott requested in his letter ~that the City of Boynton Beach
and other municipalities in the Service Area of Boynton Beach and Del-
ray Beach and Palm Beach County advise the City of Delsey Beach of
their willingness to participate in negotiations leading to the enter-
ing into of intergovernmental agreements on an equitable financial
basis in or.de~, to permit the City of Del~ay Beach to discharge its
responsibilities as the agency for treatment and disposal of sewage
emanating f~om the Det~ay Beach and Boynton Beach Sez~iee Areas.
It is further suggested that the City of Bovnton B~mh m~
~tos~r~n~ ~t.o %s..o~e~_hat. s.~. il~ar l~nter-gover~r~aent, al agreements with
s e m~u_n~_.cx.P.aixr~gS ~.rn?.~ynton.1 Beach Servxce A~ea inasmuch as
ew~age r~rom ~nose mun~cxpalit~xes wz~ enter the Boynton Beach Sewerage
system rot SUbSequent tr~u~smissien ~6 the Regional Sewage Treatment
Plant to be constrUcted in Del~ay Beach. ~
The letter further Stated that there would be a public hearing
scheduled by the Palm Beach Area Planning Board to be held on the
Water Quality Management Plan on August 8~ 1973 and responses to
this con~nunication would be appreciated prior to that date, either
in ~he form of adoption of a resolution, similar to the draft
copy enclosed or a letter indicating each addressee~s reaction and
intention.
Mr. DeLong suggested that this matter be turned over to the City
Engineer~ the Consulting Engineer and in conjunction with the City
Attorney, a report be given back to the Council wish guidance as to
the action to be taken by the Council.
There was general discussion among the Council as to the fact that
there was no other recourse than that the City should submit a
letter stating its willingness to participate and negotiate prior
to August 8tho
Mr. DeLong m~ed to turn this over to the City Attorney to have him
look over the suggested resolution and come back to the Co, nail with
a resolution in the form he thinks it should be in~ a~ter he has
worked in conjunction with the City Engineer end Consulting Engineer
as the need may be.
Mr. Simon stated that the form of the proposed resolution was quite
appropriate if it was the course that the Council wished to pursue°
He felt he could not change it very much as it was stated clearly
what DelDay Beach p~oposed and what the City of Boynton Beach would
be required to do. Mr. DeLong reiterated his desire to have the City
Attorney draw up the resolution.
The Council then asked for ~r. Clark's ec~nments on this sub~ect.
Mr. Clark pointed out that where Mr. Mariott referred to cities
within our service area workingout an agreement with Delray, this
is in error. It's cities outside our service area that would be
working out an agreement with Delray. He said everyone within our
service area~ regardless of the addresses to whom the letter went,
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~EEN~TE$ OF SPEC/AL MEETING OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, J~LY 26, 1973.
%~ould come to Boynton Beach for the a~eement f~r sewer and wa~er
service. The City. of BoYnton Beach would have ~n agreement with
Delray and said ag~e~t would have to be satisfactory to all
concerned. M~. Clark said that this resolution indicates that Delray
iS going to maintain eMe~ything in their Servie~ a~ea and this is
erroneous only to the extent that they are really not going to
operate and maintain facilities in ou~ service area. They will
operate and. maintain.the disposal facilities that we discharge into,
but ~othe~se, th.e s~gnificance of the resolution is just that we're
witllug to work With.~elraY. He stated that this does not oSligate
Boynton Beach. They're not going to be working up agreements with
entities in our service area. He stated that Mr. Klinek said this
and Mr. Ma~iott was going to w~ite a letter to clarify the ma~ter,
but none has as yet been received. Fi~. Kohl advised that M~. Mariott
ealled to advise him of this information.
M~yor Jackson questioned how the regional wastewater treatment plant
was tuz~ned over to Del~ay when it was originally set for Boynton
Beach. After some discussion with Mr. Clark, Mayor Jackson pointed
out that it was the Area PlannS_ug Board that made this decision.
There was then discussion as to whether it would be proper to turn
this matter over to the City Engineer fo~ his written recon~nendations.
Mr. Clark felt that as long as this resolution did not damage the
City's position as far as getting Federal funds, it was in order.
Mr. DeLong returned to his original motion and moved to turn this
item over to the City Eng-ineer in conjunction with Mr. Simon~ the
City Attorney: to come back with a recommendation and the appropriate
resolution. Mr. Roberts seconded the motion.
LLnder discussion, Mr. Roberts said he didn't understand all the
discussion if Delray said it would accept a letter indicating that
Boynton Beach is willing to paz~ieipate. After fuzWcher discussion:
Mr. Roberts withdrew his second and Mr. DeLong withdrew his motion.
Mr. DeLong then moved to have the City Manager send the appropriate
letter in accordance with the recommendations of the City Attorney
and the City Engineer in regard to the request of J. Eldon Mariott,
City Manager of Del~ay Beaeh~ seconded by Mr. Roberts.
Under discussion, Mr. Wallace asked that the City Attorney be given
direction to look over the specific agreement as outlined and then
if it is necessary at $ later date to turn it into a resolution, it
has already been researched. There was no other discussion. Motion
carried 5-0.
Other
Mr. DeLong noted that the plans have been submitted for the Fire
Sub-Station. In order to expedite the matter, Mr. DeLong moved to
accept the plans f-~om the architect and turn them ove~ to the Building
MINUTES OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, HELD AT CITY HALL, ~dLY 26, 1973.
Offici.al to be ch, ecked out and.the City Manager in conjunction with
the Buildinq 0fflcial to expedite the ~ettin~ of these plans to the
contractors for bid. Mr. Wallace seconded. The~e was no discussion.
Motion carried
Mayor Jackson asked when Mrs. Famace wOUld have the plans for the
library and Mr. Kohl answered that the Enginee~ mentioned that it
might be next week, but this was not definite.
~djournment
Mr. Roberts moved to adjourn: seconded by Mr. Wallace. Motion
carried 5-0.
Meeting adjourned at 6:50 P.M.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
ward F. Harmening, Coun~an
Forrest L. Wallace~ Councilman
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