Minutes 09-29-81MINUTES .OF THE SPECIAL 'MEETING OF THE CITY COUNCIL HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 29, 1981 AT 7:30 P. M.
PRESENT
Edward F. Harmening, Mayor
Walter "Marty" Trauger, V±ce Mayor
Joe deLong, Councilman
Patricia L. Woolley, Councilmember
Samuel Lamar Wright, Councilman
Peter L, Cheney, City Man~ger
Tereesa Padgett, City Clerk
James Vance, City Attorney
Mayor Harmening called the special meeting to order at 7:30 P. M?
He asked if all members of Council received a copy of proposed
Resolution No. 81-EEE, and they answered that they did, City Attorney
Vance confirmed that Mayor Harmening was correct .in saying the
Resolution was the culprit for filing suit against the County in
connection with double taxation. Mr. Vance explained that the City
has to adopt the Resolution prior to the County's finalizing its
81-82 budget, which could be somewhere around October to Christmas.
Councilman Wright ascertained that four municipalities are involved.
Mr. Vance informed the Council that four municipalities filed suit
against the County three years ago, Mr. Vance named Boca Raton, Palm
Beach, West Palm Beach, and North Palm Beach"as the municipalities.
Vice Mayor Trauger asked if Boynton Beach would be sharing in the
initial cost of legislation, and was told Boynton Beach would not.
City Attorney Vance advised the Council that probably the best they
could do would be to file a stipulation with the County to avoid use-
less litigation, If they depend upon the outcome of a filed suit, it
would probably take some additional time. Mr. Vance said the City
would probably work out a stipulation, and if they did not, he
requested authorization from the City Council to sue the County.
'Vice Mayor Trauger moved to pursue Resolution #81-EEE and if the
County does not stipulate to the City's requirements~ the City will
bring suit against them. Councilman deLong believed the suit would go
all the way to the Supreme Court. He thought the County should set up
some kind of adjustments.
City Attorney Vance said the problem was the City could not receive
retroactive consideration under the Statute, For example, West Palm
Beach filed suit three years ago and are probably only going to collect
beginning in 1981-82. He advised the Council if they do not get in
there and at least get'started either by stipulation or by litigation,
they could possibly lose another year or so of refund. City Manager
Cheney added they could possibly participate in a year of subsidizing
of those other four cities. Mr. Cheney said he would hate to see the
City participate in more than one year of subsidy of those other four
cities,
Mayor Harmening repeated the motion made by Vice Mayor Trauger, and
added that if the City Attorney found i% necessary, he should file suit.
City Attorney Vance assured the Council he would attempt to stipulate
the situation. The motion was seconded by Councilmember Woolleyo
Motion carried-5-0.
MINUTES - SPECIAL CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 29, 1981
City Attorney Vance read proposed Resolution No. 81-EEE by title only:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, PURSUANT TO SECTION 125.01 ~6) (a), FLORIDA
STATUTES, TO DEVELOP AN APPROPRIATE MECHANISM TO FINANCE
SERVICES RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR
RESIDENTS IN UNINCORPORATED AREAS AND FINANCES~FROM COUNTY
WIDE REVENUES WHICH M~Y BE EITHER BY TAXES, SPECIAL ASSESS-
MENTS, OR SERVICE CHARGES L~EVIED SOLELY UPON-RESIDENTS OR
PROPERTY IN THE UNINCORPORATED AREAS, BY T~E ESTABLISHMENT OF
A MUNICIPAL SERVICE TAXING OR BENEFIT UNIT PURSUANT TO PARA-
GRAPH (q) OF SUBSECTION (1) OF SAID SECTION 125.01, FLORIDA
STATUTES, OR BY REMITTING THE IDENTIFIED COSTS OF SERVICE
PAID BY THE TAXES LEVIED UPON PROPERTY SITUATE WITHIN THE
CITY OF BOYNTON BEACH, FLORIDA; AND FOR OTHER PURPOSES."
Councilman deLong moved %he adoption of proposed'Resolution No, 81-EEE.
Councilmember Woolley seconded the motion. No discussion. Mrs,
Padgett took a roll call of the vote as~follows:
Vice Mayor Trauger
Councilman deLong
Councilman W~ight
Councilmember Woolley
Mayor Harmening
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
ADJOURNMENT
Councilman deLong moved to adjourn, seconded by Councilmember
Woolley. The motion carried 5-0 and the meeting adjourned at 7:40 P. M.
ATTEST:
City er
(One Tape)
CITY OF BOYNTON~BEACH, FLORIDA
~ Councilmem~
- 2 - Councilman