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Minutes 10-03-72Mi%~dTES OF THE RE~JIAR CItY COLkNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, OCTOBER 5, 1972 AT 7:50 P. M. ~obe~t Effron, Mayo~ Mrs. Emily M. Jackson, Vice Mayor John L. A~hie~ Councilman Harold Blanchette, Councilman Travis E. Killgore, City Manager Mrs. Tereesa Padgett, City Clerk ABSENT: David Roberts, Councilman Gene Moore~ City Attorney Mayor Effron called the meeting to order at 7:32 P. M. The /nvocation was given by Rev. John White, St. Paul A. M. A. Church, followed by the Flag Salute led by Charles Frederick, Recreation Dir- ector. Mayor Eff~on introduced the Council. Announcements Proclamation ~ Lk~ited States Day Mayor Effron ~ead the Proclamation designating October 25 as Lk~ited States Day~ and the week following as thaited States Week, and quested each resident to fly the American Flag, and every citiz~u to reaffimtheir allegiance to the United States of America and rededicate their lives to the support and maintenance of the Constitution. Proclamation - United Nations Day Mayor Effron read a like document procledmingOctober 24th as [kuited Nations Day, and called upon all eitizens to observe that day inthe spirit of common purpose expressed in the %Lnited Nations Charter. The Mayor then announced that the 25th Annual Chamber of Commerce In- stallation Dinner will be held on October 12th at Tropical Acres. He also announced that the Annual Christmas Parade will be held on Sunday~ Decembe~ 5rd, at 2:00 P. M., sponsored by the Chamber of C~m- me~e with Co-Chairmen Mr. Charles F~ederiek and Mr. Andy Wittkop. MISKIrES - Re~utar Meeting - Se~ember !9, 1972 The following correction was made on Page 5: Spelling - F~so Castetio. "M~s. Castello explained that her inquiries at the 1966 m~e~g to ~eh Mr. Boy,er refer~ed pertained to the 1965 revision of sewer rates which gave multiple dwe]]Sngs excessively lowered rates. -t- M~N~dTE S REGULAR CITY COUNCIL MEETING 0CTOBF~ 3~ 1972 MINUTES, eontfd. It was b~ought out at the 1966 meetiDg that the City had insufficient revenue to meet the 1.25 mesex~e called for in the bond issue. Within 60 days the sewer rates were raised for multiple d~ellings. The City had given too much to the multiple dwellings at that time, and it seems the City is repeating the same mistakes now.~' Mrs. Padgett pointed out ther~ should be a eoz~eetion in the Ordinance numbers, since there had been a change made between First and Second Reading, and to coincide with the SpecialMe. eting the ,,numbers should be O~d. ~72-28 Ord. ~72-29 Ado.pt. ing the B. ud~t Setting the m~l]age Mrs. Jackson moved that the minutes of September 19th be adopted as cor- rected, seconded by Mx. Blanchette. Motion cerried 4-0. Special Meeting - September 29, 1972 M~. At,hie moved that the minutes of September 29th be accepted as written, seconded by Mrs. Jackson. Motion carried 4-0. P~BLIC A~DIENCE Job~u Stevens~ 715 N. W. 4th St., is concerned about the drainage on 3rd Street. He asked how long they have overtime to do the job. Were they given eXtra ~ime, and is there a penalty? There is a bad spot on 4th Street, and if they were 9~iven extra time he would ]~ke to see them take care of 4th Street also. l~. Killgore stated that Mr. Clark is getting the cost on that to see if it can be done within this present contract. We wanted to see if it is wise to do that~ or go with a special p~oject. They are having problems with their equipment, and the rain: but they are on the job. M~. Clark stated that the cempletion date was September 11. They have not requested a time eXtension, but they are pursuing the job. He does not know of a penalty clause, but regardless of the clause we can bring suit, but noz~ly this is not done unless they have been ca~etesc and have not attempted to complete the job. Vernon Thompson, 208 N. E. 10th Avenue, asked to speak on Item B, New Business. -2- MINU~ES REGULAR CITY COL~qCIL MEETING OCTOBER 5, 1972 LEGAL O~dinance No. 72-27 - Assessments, N. E. 7th Street - 2ndReading Mr. Killgore read O~d. ~72-27 by title only. Mr. Blanchette moved fo~ the adoption of 0~d. ~7~-27 on second and final reading, seconded by Mr. Arehie. Mrs. Jackson stated that according to the minutes of July 7~ 1971 this is not what was voted to be done. Motion ca~ied 5-h Mrs. Jackson voted ~no~. Resolution No. 72-T - Annexation Procedures (Tabled) Mrs. Jackson moved to take Resolution No. 72-T off the table, seconded by F~. Arehieo Motion carried 4-0. Mrs. Jackson stated that before this is passed the~e are some things we need to find out that a~e going to be very vital. t. Ask the City Mar~ger to find out the actual capacity of sewer now 2. The actual status What it will be under the permits that have already been ~-~anted She feels these should be answered before anything is done about annex- ation. Mayor Effron pointed out that this resolution sets up the guidelines, procedures, and criteria that wewish to follow for future annexation. This goes back to St. Andrews when we did not have this procedure. We agreed with the format and c~iteria~ and we had never had that be- fore~ This only sets up guidelines and procedures forannexation, Mr. At, hie stated that this goes back to St. ~udrews annexation~ It was a unam_imous vote~ and Mr. Killgore was given a vote of cor~idence for the manner in whichhe prepared this package. He has bmought in thisreSolutionso that wewilltreat eye,lone equally. This is only setting up the guidelines to continue fo~ard with the possibility of annexation. Mr. Archie moved that- Resolution No. 72,T be read, seconded by Mr. Btanehette. Motion carried 4-0. Mr. Killgore read Res. No. 72-T. Mr, Arehie moved to adopt Res. No. 72-T, Seconded by Mr. Blanehette. Motion carried 4-0. -5- MINUTES REGHLAR CITY COUNCIL MEETING OCTOBER 3, 1972 LEGAL, cont'd. Mr. Archie pointed out that all the City gets is bad publicity. They have not talked about the fact that Boynton Beach is one of two cities on the east coast in Palm Beach County that has the sewage facilities to the degree that altow~ us to continue issuing building permits. The City and all the City Councils and the people deserve some _~ecog- nition. Resolution No. 7O-U - Signature~, Federal Reserve Bank of Atlanta - (Tabled) Mrs. Jackson moved to remove Res. ~72-U from the table, seconded by Mr. Blanchette. Motion carz~ied 4-0. Mr. ]Cillgore ~ead Resolution No. 72-U. Mr. Bl~_nehette moved to adopt Res. No. 72-H, seconded by M~. Arehie. Motion carried 4-0. OLD BUS I~SS Study made by Chamber of Commerce C~n~nittee on Old Police and Fire Buildings Mr. Killgore read the letter from the Committee dated September 1972~ in which they reeo~nend that all four buildings be demolished and the area be made into a park. M~. B!anchette stated he was in full agreement with the recommendation. M~. Kiltgo~e would like to cheek into it further and see if one build- ing, the old police buildings could be used for one more year, due to the need for space. He will find out the cost to demolish three build- ings, then come back and d~olish one~ rather than all four a~ one time. Mr. Arc,hie moved to tabl~ this item until next meeting, and give a vote of tha~d¢.s to the Committee~ seconded by Mrs. Jackson. Motion earried ~-0. Traffic Signals Mr~ Killgore has requested that the County install (a) traffic lights at S. E. 25rd Ave. and U. S. ~! (b) modify traffic signal at W. Boynton Rd. and Congress Ave. (c) install lig~ts at Golf Road and Congress Ave. (d) install lights at N. E. 22nd Ave. and U. S. ~1 Mr. Hyman says we will get consideration for these lights, but is not sure we can get ali of them. F. C. Van Deusen had believed that 22nd Avenue had already been ap- proved. It seems that 22nd should have preference over 23~d. -4- MINUTES \ REGH!AR CiTY COUNCIL E~ET~NG OCTOBER 5, 1972 Request of Commissioner Warren - Beach Aequisitio~ Mr. Killgore suggested setting up a joint meeting with Ocean Ridge Co--sion and Boynton Beach City Cou~cit to see if they can resolve this bet~een themselves. Mr. Warren has sent Us the approvals ceived from the State on this subject. Mayo~ Effron recommended this be done. We might be running into a bottleneck, as they are in cou~t on the inlet prope~. He recom- mended that Mr. Killgore contact Mr. Weatherly of Ocean Rid~e~ and see if a meeting can be az~anged, in view of the letter from Commis- sioner Warren_ NEW BUSINESS Referendum on Cha~ter Chan~e - City's Fiscal Year (Mrs. Jackson) Mrs. Jackson moved that the City Attorney be instructed to place on a referendum to Pass the Budget on the second Monday in September and not October. Mayor Eff~on asked when the County Tax Assessor sends our assessment roll. [z~. Kil!gore stated it was aro~ud August 3_l. Mr. Archie ~cated that this is the first t~.2me this has ever happened. All the charter does is set the deadline. There is nothing to stop you from instructing the City Manager to start the budget eerly. MrS. Jackson withdrew her motion. Interim Plan for Extension of Water and Sewer Lines Vernon Thompson asked that the City sta~c immediately gr~nting water and sewer service to people within one block or more of existing service. There are people who have been paying for it and have not cot it. He has property he wants to develop and does not want to wait-for Federal funds. Mr. Killgore gave his report s_nd recc~mended the fol!~ing policy. See 10/3/72 memo attaehed~ This is in concert with the Ordinance passed some time ago. Mr. Archie moved that ~ais be handled administratively along these guide!ines~ seconded by Fir. Bianehette. Motion carried 4-0. -5- MIh~dTES REGULAR C£'fg CiN1NCIL MEETING OCTOBER 3, 1972 Bond Issue to Build L~_b~a~y 1. Authorize City Atto~ne? to P~oceed for Placing Issue ~n Decembe~ Ballot o 2. AuthoriZe ~ity Manager to Proceed with Hi~ing Library consultant and A~chitect Mr'. X~13go~e stated that du~ing the budget discussions the Council in- dicated they would l~ke to float a bond issue fo~ a new library. He Dequested authority to ~ a Library consultant and an Az~itect. If~ du~ing the course of the program, State fbu~s were~vai~te to match then we could take advantage of it if we have a consultant, if not we would not be cor~idered. He a/so ~equested th_is be placed on the December ballot. Mrs. Jackson asked how much money this would be for a library consul- rant. M~. Killgore ~nswered about $500 to $700. Mm. B~ehie moved that the ~equest be granted to set up the mssue for the December ballot, and proceed with hiz~ing a library consultant and architect, seconded by ~;n~s. Jackson. Motion ca~ried 4-0. Mr. Killgore w~ll brin9 in several recommendations for a~chitects fo~ the Council to select f~om. ADMINISTP~AT IVE Designate Votin9 Delegate for Florida Leagne of Cities Conference Mr. A~ebie moved that the Mayor be authorized as the voting delegate for Bopu~ton Beach and F~s. Jackson as Alte~nate~ seconded by Mr. Bian- chette. Motion carried ~-0. Advertisement for Bids on Current Sewer Expansion Prog?a~_ M~. Killgore stated he has ~eceived additional information fr~m H. ~.D. office. Mr~ Wi3]~ngham expects some release of fuDds within a two week pemiod. He advises us not to take action within this two week period, due to the fact that we are high on the priority list. Mr. Kitlgo~e further stated that he was going to recc~nend that the City proceed immediately to obtain bids for this project, but wit~ this advice f~om Mr. Willingh~m he would have to reverse his reeo~mendation and delay it rom at least two weePs. M_vs. Jackson moved to table this item for two weeks, seconded by M~. B lanehette. M~. Arehie agreed to wait two weeks but no longer. Motion carried 4-0. -6- MINR~ES REGULAR CITY COUNCIL MEETING OCTOBER 5, 1972 Report on Water & Sewe~ Rmte Studies ~. Killgore read the attached Report on Water & Sewer Rate Studies Mrs. Jackson asked why the Finance Direetom can not work as the Fin~ aneial Advisor. M~. Killqore answered that he is not e:,~l**ied to serve in this pa~- titular capacity. M~s. Jackson moved tO request the report on the sewer rate study: and get propos~l..~ for a Financial Advisor, seconded by M~ Arehie. Motion carried 4-0. Authorization - Request Dep~ent of Transportation to 1, Install ~NO LEFT TURN" sign on U. S~ ~1 (Just south of So !5th Ave. ) 2. Reduce speed on ~. S. ~1 ~% Cla~k stated this is something he ta/~d to Chief Huddleston about. Thins is going south on Ho S. ~1 by Walg~eens there is no storage lane. Mr. Archie stated you have the same situation coming north. If you close the cut in the island you would not need any signs~ Mayor Effron would like to see further study made by the Police Dept. and Mr. Clark. Mrs. Jackson pointed out that the islands in U. S. ~1 at Ocean Avenue are too long, and it is not easy to make left turns without ~ing ove~ them. Mayor Eff~on recon~ended that the Police Dept. and Mr. Clark check this out, including the islands at O~ean Avenue and the speed limit on u. S.#l. Applications for Permit to Solicit 1. Boynton Beach Jr. Woman's Club 2. Boynton Beach Lion's Club 3. Beta Siqma Phi Mr. Archiemoved that all three requests be granted, seconded by Mrs. Jackson. Motion carried ~-0. Approval of Bill McGrath Pools, Inc. $ 1,960.49 Mrs. Jackson moved that the bill be paid, seconded hy~. Archie. Motion ca,tied ~-0. -7- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 3~ 1972 Mayor Effron stated that the action taken at the last Coune/1 meeting about M~cu!~r Dystrophy that Chief Wright discussed was not this qUest~ This covers October and November, an~ should be acted on. Mrs, Jackson ~oved tha~ ~he request be granted, seconded by Mrl Archie. .rie8 4 o. .Request from the Civil Service Board Mr. Kiltgore stated that the Civil Service Board has requested that the City Council provide services of an attorney to advise them on matters concerning an appeal. Mr. Arehie moved that the City Attorney cooperate with the Civil Ser- vice Appeals Board: and if he is unable to handle it himself he search for an attorney to represent the City, seconded by Mrs. Jackson. Motion caz~ied 4-0. Mr. Arehie asked Mr. Kiligore if he would give Council a list of all the meetings coming up. Meeting adjourned at 8:45 P. M. CITY OF BOYNTON~BEACH: FLORIDA -8- AGENDA October 3, 1972 VIII NEW BUSINESS: B. Consider: Interim Plan for Extension of Vfater and Sewer Lines We now have a firm policy on the extension of water and sewer lines within the City limits after January 1, 197&. In the interim, it is necessary to have a stated policy which will allow short extensions to be made prior to January 1, 1974. Our present sewer expansion program under the pending bond issue does not cover all required extensions which will be necessary for development prior to this established date. Therefore .~I recommend the following procedure during this interim period: The City water mains and/or sewer mains will be extended when funds are available to serve areas in need of water and sewer services if it can be reason- ably determined that the costs for such extensions will be returned to the City through revenues within not more than a ten-year period. There are many short extensions, particularly to an individual lot which can be connected to our system and these individual lot owners should not be penalized by not having sewer and water available dur- ing this period of time. I believe the above policy can be administered under the formula utilized above. Travis E. Killgore, City Manager TEK:apt AGENDA October 3, 1972 IX. ADMINISTRATIVE: C. Report on %¥ater & Sewer Rate Studies In reference to the Water Rate Study that was made by Russell & Axon submitted in July 1971, I have been unable to locate any action taken as a result of that Study. A review of t//e formula used by the Consulting Engineers, which was a contizauance of a reduction in rate as ~e usage increased, may have been a legitimate formnla to serve a certain purpose at f/mat time. Those recommended rate adjustments even if applied, would not offset the deficit that has been continuing for several years. Our records show that for 1970-71 Fiscal Year, the amount of $466,000. was transferred from Surplus; 1971-72 - $g46,000. was transferred from Surplus, then 1972-73 the amount of $530,557. was transferred. I consider the above trend to be a serious matter and cannot over emphasize the urgency for complete evaluation and prompt action to effect a sound fi~*tancial base for our utility system. You will recall that Russell & Axon was authorized to make a complete water study which includes a complete financing plan that includes the water rate evalu- ation. This complete financing plan is scheduled to be ready in February 1973. This does not cover the sewer rate study. I have asked Russell & Axon to submit to us a proposal to proceed with a complete sewer study for expansion to include a complete financing plan. After the two (Z) above plans are completed, we will know- what the future require- ments are for our service area. I further recommend that a~financial- advisor be appointed to advise the Council what should be done in order to insure that o~ur financial posture stays in the proper prospective as pertains to the utility system. There are many factors that have to be considered concerning financial plarming and responsibility. As our City changes in its type of structures, business and industrial development, we must adjust to these changing factors through change in policies. Decision on matters of this type must be made based on proper business manage- ment concepts. Of course, the first action would be a matter of equity, then if the facts dictate increases in fees, then that must be done. Ci~ Manager TEli:a pt