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Minutes 05-02-78MIA~UTE$ OF REGL~_R CITY COUNCIL ~ETING OF ~HE CITY OF BOYNTON B?ACE, FLORIDA, HELD IN CITY. HALL, TUESDAY, MgY 2, 1978 PRESENT Emily M. Jackson, Mayor Edward F. ~armening, Vice F~ayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman David Roberts, Councilman Frank Kohl, Cit~ Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney M~vor Jackson welcomed everyone and called the meeting to order at 7:30 P. M~ She requested everyone to please rise for the Invocation given bv Dr. Ernest Campbell, First Ba? tist Ch~rch~ foIlow~d by the Pledge of Allegiance to the Flag led by COUncilman Joe DeMarco. M~yor Jackson announced that the South Central Regional Wastewater Treatment & Disposal Board was not meeting on Thursday, May 11~ as noted on the agenda. She then an- nounced that she had an additional proclamation to read under ~nnouncements. F~. DeMarco suggested moving Item D-l, Consider Ratification of Agreement - Montreal Expos, to the ~Slic Audience period since a lot of people were present for that item and the Council agreed. ANN OUNCE MENTS Mayor Jackson announced that the Rid Litter D~v Report had not been received from ~. Jim Pattersom yet and requested this to be left on the table. Mayor Jackson read a Proclamation proclaiming the week of ~y 1~ thru ~my 20, 1978, as Municipal Clerk's Week. Fmyor Jackson read a Proclamation proclaiming the month of MsV I~78 as Older Americans Month. MINUTES Regular City Council Meetin5 - April 18~ 1978 Mr. DeMarco referred to Page 21, second paragraph down, re- ferring to obtaining these 55 acres for a park and corrected that it would have been named George Warren P~rk by a former County Commissioner. Mm. Roberts referred to Page 12, New Business, Discuss DutieS of Boards and Committees, and corrected the spelling of "censuring' in the first line. He referred to Page 13, F~I~'TES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA F~!Y 2, 1978 paragraph before Old Business, and clarified the last sen- tence that it is the same as the Mayor making commitments without Council approval. ~yor Jackson referred to Page 4, first paragraph, and added: He gave the petitions to the City Clerk. She referred to Page 4, third paragraph down, fourth line, and stated it should read: straight through to 01d Boynton "Road~. .M~. Harmening moved the adoption of the F~nutes of April t8 with corrections, seconded by Mr. DeMarco. Motion carried 5-0. Special City Council Meeting - April 20~ 1978 ~ayor Jackson referred to Page 4, the discussion of the loca- tion of the sports complex being south of Leisureville and clarified that this is south of Golfview Earbonr. Mr. Caldwell replied that he did recall this discussion and she did refer to statements about it being built across from Leisureville and Mayor JacF~on replied that it is south of Golf~iew Hahbour and Mr. Caldwell added that it is also south of Leisureville. M~. DeM~rco moved to accept the minutes as corrected, seconded by Mr. Harmening. Motion carried 5-0. PUBLIC A~DIENCE Consider Ratification of Agreement - Montreal Expos Mayor Jackson announced she would open the floor ~or comments from the audience, but first would li~ to make a statement herself as she thinks some things have been confused. De~rco referred to possibly setting a time limit for eaoh speaker and it was agreed to have a five minute limit. Mayor Jackson then read the following statement: "Just to set a few things straight and to give the chronological sequence in regards to the Montreal Expos, I wish these remahks to be part of the minutes. In January of this year while attending a County Metro- politan Planning Organization meeting of which bot~ County Co~missioner Bill Medlin and I are members, I asked the Com- missioner, 'What are the chan~es of having the 55 acres near the ~o-Tech school given to Boynton Beach?' Mr. Medlin re- plied, 'I am putting this on our agenda for the end of ~rch.' Mr. Kohl had learned that the Montreal Expos were desir- ous of moving back to South Florida. Since ~fr. Kohl knew there was a probability we were probably going to get the 55 acres, he made a_~rangements to have Mr. John McHale, -2- MI~-0TES - R~YLAR CITT COUNCIL MEETING B0¥NTON BEACE, FLORIDA M~Y 2, 1978 President of the Montreal Expos meet with him. [~. McHale came to the City and went with t,~. Kohl to look at the 55 acres. He was most impressed, but cautioned M~. Kohl that he did not want word of his interest to leak out as they were still in spring training in Daytona, and did not want that city to get upset prematurely about the fact that they might be ieaving. Mr. Kohl asked me what I thought of the idea. Of course, I was elated realizing what a boon this would be for the City. Howe~er, I was cautioned that the whole thing could be lost if word got out before it was more concrete. Also if the word got out, since this is a very competitive item, other cities would be clamoring to beat us to the punch and make a definite offer, then we could lose the whole thing. On February 23rd, Mr. Kohl contacted County Commissioner Medlin and told him confidentially there was the possibility of the Expos coming IF we had the 55 acres. Mr. Med~i~ was so enthused he put it on the agenda for MArch 7th an~ County Commission quickly voted to sell us the pro_~rty for $1.00. Shortly afterward on March 14th, Mr. Herb Kahlert, County Engineer sent us a _uroposed agreement for the convey- ance of the 55 acres. M~. Kohl was invited by M~. McHale to meet with himself and four members of the Board of Directors on March 18th, at which time they exchanged ideas as to the possibilities of thisggreat attraction coming to Boynton Eeach. Remember that all this time Mr. McHale was trying to prevent the word getting ba~k to Daytona until the plans were more than just a dream. On Mmrch 24th, the news media unexpectedly printed that the Expos wanted to come to Boynton Beach. Remember that at that time, the Council had never even discussed this, since at that time we had not even completed the land transaction with the County. In fact, as I said before, it was only a dream -- one I ho~ woul$ turn into a reality, but which at that time was an mmpossibmlity until M~. Kohl had worked out the many details of the development of the park. We knew we H~D to develop the park, as this was the agreement with the County -- that it would be developed for recreation. In fact this property was discussed in 1974 and the plans drawn for a park development. The only reason it didn't get b~yond that stage then, was because a (quote) 'deal' (unquote) ~as exposed! At that time= it was to be leased to us by the County. Now we own it! -3- ~NUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA ~Y 2, 1978 Don,t forget -- this is to be a par~ith something for everyone. Not only baseball will be there; there will be picnic tables for families and friends to have outings, benches to sit on and enjoy the ~eautiful pine trees, swings, see-saws and other playground equipment, a park where band concerts (NOT ROCK CONCERTS) for the family can be held. There will be a field on which football can be played, and track meets held. There will be a place for boxing, a building that can be used for arts and crafts, and ballfields where softball and baseball can be played by people of all ages -- Little League% Senior Leagues, Retirees Leagues, Lassie Leagues, etc. This will be a park for participants and spectators, jogging, bicycling, walking or just resti~. Also, ~. Kohl is looking into gettLug some state funds so we can have some cultural events as they do in F~ami. As I said, something for everyone. And if we have a Mmjor League ist attraction which will m~_ke the green with envy. Team, we will have a tour- surromuding communities Granted, the revenue from a ball team will not be a money-making venture. (We as a City are not meant to a profit.) But the many plusses and fringe benefits it will bring will be Of a greater benefit. Daytona Beach is very sorry to be losing 3 million dollars yearly in business. few days ago there was a news article saying County Commis- sioner Peggy Evatt and Hal s~aymen, President of the Economic Co~cil, ~z~e going to Montreal to see how they cem attract tourists. We don't have ~o -- we will have it! Statistics show that at the West Palm Beach Stadium a predominence of attendees are retirees. And for those who don't wish to pay admission to see a game, they can still get pleasure from watching the practice sessions in the morning -- FREE. Much has been said about our not putting this to refer- endum Because i made a political promise to put Big things to a vote. I had to make a choice. Either I would have to protect my political reputation and lose the Montreal Expos forever or I could grab at the opportunity to at last put Boynton Beach on the map. I am not about to put politics above the chance of a lifetime for Boynton Beach, just to save face for me politi- cally! Should I put my political reputation ~head of what the people of this City want? -4- MINUTES - P~GUI~R CITY CC~0~CIL MEETING B0~NTON BEACH, FLOR%DA ~I~¥ 2, t978 After a few days of talking to people, it became very apparent that the City residents were overwhelmz_gly enthu- siastic about this golden opportunity. Very few people had any doubts as to the wisdom of having them. And with most of those who had d~b~it was because they had been given false information that this was to come from property taxes. Let me set this straight once and for all. The enabling resolution (78-W) specifically says we cannoi -- I repeat -- cannot use property taxes. There h~---'~ some fear that t e~ty attorney will get a fee for validating the bond. This is not true as this is included in his salary. Although, I will say other cities do pay their city attorneys for validating bends. We will be using the money that we were, until this year, us~g to pay off the civic center (and as of 1978, this is paid off). This is the 'Guaranteed Entitlement Funds' -- the cigarette tax~ the alcoholic beverage tax and now we also have the State Trust Fund that reimburses us for the money we lose from the additional homestead exemption for those 65 years and over. This a~ounts to much more than we will be paying for the bond. Most of the people who had been ,against' signed the petition 'for' the stadium after this was explained. To those of you who want the Expos here as ~u added attraction, but feel we should have had a referendum -- reme~£oer the time element of a referendum: 60 days at the least -- would mean that even if every vote went 'for' the Expos, we couldn't have them because they have to know NG~! Even if the wheels had been put in motion the last week in March when we first saw that the possibility had the poten- tial of becoming e reality, we couldn't have had the election until June 1st. This would have been too late. We would have spent all that money for a referendum and the Montreal Expos would have, in the meanwhile, either renewed their lease with Daytona, or, which is more probabl~, another South Florida city would have signed them up, and this would have deprived our community of this once-in-a-life-time opportunity. These were the things I had to take into consideration. Sometimee one has to make a quick decision. I did. After I realized the swell of the tide in favor ~f this tourist attraction and its great possibilities, I knew I should make the right decision, and I'm glad ~ did. I have no apologies to make. It is impossible to please everyone, ~ut I feel I have pleased the majority of the Boynton Beach residents. -5- MI~WJTES - REGUI~R CITT COUNCIL MEETING BOYNTON BEACH, FLORIDA M_~¥ 2, 1978 Someone said, ,anyone against the great American sport, baseBall,must be against motherhood, apple pie and hot dogs.' Most people are excite8 that we were able to get this attrac- tion. Boynton Beach now will have something to make us all proud -- the Boynton Beach Sports Comp~x and the Winter Home of the Montreal Expos. What more can we want!" Mayor Jackson then requested the people wanting to speak agair~t this to first come before the Council. ~. B. J. M~lligan, 209 S. W. 3rd Court~ appeared before the Council and ~tated in the first place, they broke their poli- tical promise. In the second place, there is not one city in the State of Florida, Arizona or California, which shows a profit from a major league ball team with spring training. He talked to ~. Charles Frederick the other day and was told we lose $12,O00 per year with our beach and he also talked to Mayor Jackson about this. He does not understand how we lose $12,O00 per year on this. He cannot get any explanation from anyone. According to ~. Fredericks, the maintenance costs $t8,000 per year and the return is $6,000. How many citizens in Boynton Beach pay for their tags yearly? M~yor Jackson informed him that the tags were purchased only once and not on a yearly basis. ~. ~lligan c~ntinued with telling how there are tO,000,O00 Yankees on the beach at night after the gates close and collecting stops and stated that it will be the same with the ball teams. The Montreal Expos are strictly minor league. Dr. Carroll W. Kennedy, 1506 S. W. 17th Avenue, appeared be- fore the Council ~ud stated he had a few remarks to make about the campaign promise. He read the dictionary's definition of a promise and stated he believes a man or woman's word is as good as his bond. He then read an article in the Sun Sentinel regarding the breaking of campaign promises and told how he remembered the promises made by Mayor Jackson, Councilman Cald~ell and Councilman DeM~rco. He referred to the cancella- tion of the already validated $865,000 bond issue for the boat ramp park, addition to police station and mausoleum by the Council after election and stated he was appalled by the three ~'Aye" votes from these three members on this issue in view of their campaign promises. He then referred to ~. Harmening stating that quick action was needed to validate the bonds or the City could lose this deal ~ud stated it was his opinion that ~uy ball club would jump at the chance to get such a beautiful deal and read the agreement as outlined in the ~pril 29 edition of the Sun Sentinel. He then read the buildings proposed as described in the ~v 2 edition of the Miami Herald. He read further quotes from the Sun Senti- nel regarding the agreement~ and the rights of the Expos. -8- MINUTES - P~GUI~R CiT~ COUNCIL ~ETING BOYNTON BEACH, FLORIDA NAY 2, 1978 He continued with referring to an article in the SungSentinel on April 29 stating that Mr. Kohl is still holding secret the details of any changes of the contract from the meeting in Montreal with City officials and stated there is a question in his mind as to whether it is legal uuder the Sunshine Law to w~thhold this information. He wants to point out he is absolutely sure the majority of the taxpayers are not opposed to a sports complex on this property and he totally agrees, but the only thing he is objecting to is the cost of this stadium. The property was acquired at a cost of $1,00 for 55~acres, which was a terrific deal, but he is definitely sure all the taxpayers would prefer a referendum that wo~ld allow each one to express their wishes in an American way. He loves baseball and told about being an avid Tiger fan when he lived in Detroit. However, if he wants to see a major league baseball team, he only has a few miles to travel. This is a little City of 37,000 people and we are not ready to handle the impact of traffic and extra tourists. Finan- cially, It is not feasible with, so many other projects which shoul~ have top priorities in tnis towm. He also wsmts to point out that Mayor Jaokson said in her campaign speech that if it is going to cost the taxpayers money, she considers three things: 1) ts it feasible, 2) Do we need it, and 3) Can we afford it. Has this been done in this situation? In his opinion, he thinks no~. ~. Roberts referred to Dr. Kennedy covering a multitude of items and suggested that the following spe~k~rs~o~ Be r~pe2i- tious. Mayor Jackson added that she is aware of her campaign promise and gave this a great deal of thought and it was a case of losing something we need or living up to her promise. Mr. Dominic Me~chiano, 1109 S. W. ~7th Street, appeared before the Council and advised that he lives in Leisureville and in all the condominiums there are many people like him who have come from the north and have travelled this road before, First comes the bond issue, increased indebtedness, and then destruc- tion of the community. This has happened in the north on half of the projects meeting the basic need of the communi- ties. He then told about attending the business fair at the Civic Center two weeks ago and being solicited to sign a peti- tion in favor of this, but being unable to find any petition to sign against it. He asked what recourse he had and was 2old in about 51 dsys, he could go be£ore the judge. He de- cided then to take a more than normal interest in this matter. He told about there being an announcement in the Palm Beach Post in reference to the Council deeming it advisable to dis- tribute petitions for and against this mud eno Councilman quoting they already had 9~% approval from the citizens of Boynton Beach. That is a figure from another country. He then read the petition distributed against this and stated it was a serious misrepresentation. He suspects it was done with malice or forethought. They are just asking for a refer- endum. He then referred to an article in the Miami Herald -7- MINUTES - REGULAR CITY COb~CIL MEETING BO~NTON BEACH, FLORIDA MAY 2, 1978 ABout the manager of a 7-11 Store protesting the petition being in his store as it was only the one in favor of it and did not represent his position. He questions the strange behavior about this and the only conclusion he can reach is that it was never intended that the taxpayers and citizens of Boynton Beach should have anything to say about the matter. It was alleged there was a time factor and this was the only way it could be done, but surely there was the time to hold the proper poll and not present these strange figures. He is a lone taxpayer and must ask what he can do about this and there is nothing much he can do except to hope there is some- body who can do something about it. Mrs. Patricia ~aulerson, 209 S. W. 3rd Court, appeared before the Council and referred to the statement that a majority of the people were for this 8_ud stated as far as she is con- cerned, she was never asked. As far as anyone she knows, they were never asked. What percentage of the people have agreed to this? Mayor Jackson replied that they hoped to find this out and added that the people who called her and the ones she talked to are overwhelmingly in favor of this. She only had two calls against this and they did not have the full i~formation. IW~s. Ramlerson stated she was appalled a referendum was not held. She wants the figures. ~yor Jackson informed her that the contract with the Expos would have been lost by the time a referendum was held and ~s, Raulerson replied that would have been a good thing. N~s. Eleanor Kurtz, 1221 S. W. 26th Avenue, appeared before the Council and questioned if the taxpayers are going to be short-changed when the cigarette and alcoholic beverage taxes are used to finance this sports complex? It is contended that these costs will be added to the budget and will come out of the Ad-Valorem taxes. These are f~uds which the City has been using for improvements in the City and at a future date when improvements are needed, there will be a tax in- crease. Mr. Charles JoSnson, 25 Colonial Club Drive, appeared before the Council ~ud stated he moved to Boynton Beach bec'ause it was not congested or over-populs2ted and many people moved here from Fort I~.uderdale and Miami for the same reasons. He would like to see the City put its house in order with sidewalks for th~ people to walk on, decent housing for the people who need it, etc. Before accelerating and increasing the population, they should do something about the existing problems. I~. Salvatore Testa, t350 S. W. 28th Avenue, appeared before the Council and stated he was not particularly against the Montreal Expos coming down, but a lot of questions have not been answered. The surrounding area has not been considered, -8- MINUTES - REGULAR CITY COUNCIL F~ETING BOYNTON BEACH, FLORIDA 978 He referred to Golfview Habour having noise pollution from 1-95, the trucking business across the way, and model air- planes on weekends and stated that nothing has been said what will offset the noise pollution from this added con- glomeration with games being played until 2:00 A.M. M~yor Jackson informed him there would be no lights at this park. M~. Testa contimued that it has not been said what the actual income from this setup is going to be as against the cost. ~re we going to break even, lose money, or make money on this project? He understands the maintenance cost will be $100,O00 per year. This particular project is a five year deal and in that five years, the people in power are expecting the town to grow. We have no guarantee that five years from now that the Montreal Expos will decide that Hallandale is a better place and in the meantime, we will have more M~cDonald's, new motels and hotels, etc. What ~aarantee do we have we will not end up with an employment problem as a result of this grewth? There seems there has not been enough looking into this, figuring out by the people in power, or the people do not know about it. They do not k~uow what the deals are. On 28th Avenue, they pay more taxes than $~5,000 per year. He doesn't blame the Montreal Expos for lea~ing Daytona as they have gotten a good deal. He gives credit to the City Coun~cil for trying to gi~e a benefit to Boynton Beach, but he thinks they have gone too fast. Mr. John Townsend, 186 S. E. 27th Court, appeared before the Council and referred to having water rationing about two years ago and stated that with all this sudden spurt of growth, ~hat is going to happen? Are we going to have water? He knows the City will have water as they water at night when nobody sees it. Msyor Jackson informed him that the new water plant would be open in July and the sports complex will not use that much water. Mr. Townsend stated that the business generated will need water and M~. Kohl informed him that two new water wells would be in by September. Mr. Townsend stated that they have not been given the answers and need to know, so they can understand what is happening in their City government. He is also opposed to amy waste of electricity and hates to see the Little Lee~ue ball parks lighted at night and would hate to see any lights at this park at night. He thinks they need to know more about this. Mayor Jackson ascertained there were no further speakers in opposition and requested those in favor to come forward. Seam Fenton, 120 N. E. 19th Avenue, appeared before the Council ~d stated he was speaking in favor of bringing the Montreal Expos to Boynton Beach. He went aro~ud his neigh- borhood and collected over ~OO names in favor and knows everyone is happy they are coming. He plays baseball on a -9- MEh~GTES - -REGULAR CIT~ COUNCIL ~ETING BOYNTON BEACH, FLORIDA MAY 2, 1978 Little League team in Boynton Beach. They have not prac- ticed since the beginning of the season since the fields are full all the time. Recreation area is needed in Boynton Beach badly. For himself and other k~ds, it will give them the opportunity to see many great players. (At this point, he was unable to control his tears and the audience applauded and he was unable to continue his speech.) Mrs. Kathy Haughn, President and Treasurer of Deb-N-Heir, Inc., 11~4 S. E. £nd Street, and President of the Chamber of Com- merce appeared before the Council. She referred to living in the Boynton Beach area since 1945 and stated she has watched this area grow and told about attending local schools and colleges. She commends the' people because the area has grown in recreation and park area, but she really does not think we have enough. She finds it hard to understand how people ¢~n be in opposition to this. We nssd this added rscreational facility and it will be an incentive for this town. It will add to every age group whether they partici- pate like Sean ~ or not as it will be an enjoyment for the spectators. This is a great opportunity. The Chamber of Commerce has been working hard on the community image. What is Boynton Beach? We are not a retirement community. There are a lot ~f young people in this community. We want a nice community where everybody can live of all ages. We do v~nt something for our yo~ug and every age grouDo She thinks this will be an especially good image for Boynton Beach. We use~ to have our fishing fleet which was nationally known because of our inlet, but the fishing fleet left. Let's get the kids off the strsets and the parents away from the TV's and get them out t6~the ball park! M~r. Bob Morgridge, 203 S. E. 26th Avenue, appeared before the Council and stated he was in favor of the Montreal Expos, It is tough to follow Sean and when you hear people get as mean as they can be sometimes, he thinks we all want to cry. He co~mended Sean ~ for getting up and ~oing a good job and stated that it showed the rest of us that it is time to stand up for what we believe in. He has been in business here for four years. When he first had the opportunity to come to Boynton B~ach, not only did he not know where it was but he could not find the place. Since he has been here, he has found what wonderful people live in Boynton Beach. He has met a lot of old people here and must ss~ they are his best customers, but he has also met a lot of young people in this community. For the businesses in this town, the residual business from the Montreal Expos cannot be measured.right now, $15,000 somGds like a drop in the bucket. When people think 6f the Montreal ExpoS,~ they think of millions of dolls~s, but that is spent by the people watching them and the industries sup- porting them. He commends M~. Kohl, Mayor Jackson and all the other people here who worked to get this projsct through and hopes~they can sell the people against this program. -10- MINUTES - REGUL~M CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA ~Y 2, 1978 Mr. Thomas Boffey, 1735 So W. 24th Avenue, appeared before the Council and stated he would like to thank the City Mana- ger for the time and initiative putting this package together as well as the City Council members for allowing this. He is in favor of this complex along with 50 neighbors and friends. He is raising a yomng family and is ex~ited about the thought of his family partmc~patlmg in ~ese activities. If this com- plex takes one youth of~~ the street and changes his direction to a positive course, it will be worth it. This will also attract businesses to s~ahilize our tax base. ~_~ Fees Wallace, 2830 S. W. ~t~ Street, apDeared before the ounci~ and stated that about emght years a~o, there were 90 acres mn this area available, but unfortunately we did not take the step at that time to take the ~0 acres. It is pre- sently down to 55 acres and for $1.00, we picked that up. There are another 20 acres across the street. It is good business sense for $1..O0 to go ahead and plan for the future for the City, Unfortunately there are~ too many times people come before the Council and call each other names and he thir~ks a lot should reconsider. It was not too many years ago when people were against having condominimms here, but he thinks it is good the Council stood up for them. He thinks it is not for us to consider how much the beach costs, hut that we are willing to make that sacrifice. This is a once in a lifetime opportunity. H~ knows it is rough to make a decision when they hav~ made statements pertaining to what they will or will not do. The Council was voted for by the majority of the neople based on their intelli- gence, honesty, and integrity to make wise decisions ~d he is hopeful they will make that tonight and we will have the Montreal Expos in Boynton Beach. ~. Harold Werger, 7~9 N. W. 7th Court, appeared before the Council and stated that he thin~ ~. ~ohl, Mayor Jackson, ~. Moore and all the rest who put forth the effort to bring this project to a head deserve a lot of consideration and thanks. We live in a free country, but it is not free be- cause you have to pay for what you want. He thinks this is a good proposition for the young, elderly, and senior citi- zens to take advantage of, something other than television. He thinks it will be a good thing for this community. If the beach costs us money, it is well worth it. We are the only ones with a public beach within five to six miles and it is properly run. This Council deserves a lot of credit. ~. Tom Williams, 607 N. W. 4th Street, appeared before the Council and statSd that he has lived here 40 years, all his life. He remembers when there were 2,000 to 3,000 people and he cannot see why the people are worried about over- population. He thinks the Montreal Expos are the greatest thing that ever happened to Boynton Beach. He lives on the -11- MINUTES - REGU~ CITY CO~-NCIL ~TING BO~NTON BEACH, FLORIDA M~Y 2, 1978 west side and every time Fou read the paper, there is an article about the police doing a good job in this area and it is embarrassing to read that. Nothing happens to the kids and they are back out before the policemen% are home. The kids should he given a place to go. He is going to ride his bike at this park and go picnicing there. In talking about campaign promises, Congress passed a bill for H.E.W. rsgardin~ stopping Smoking, but they still give the farmers money to plant tobacco. ¥~. Ezell Hester, 617 - 14th Avenue, appeared before the Council and stated that he has been here for 40 years and has seen the City grow° He commends the commission on go- ing ~orward with this project. Ee hopes they are not de- terred by those people who do not want to see anything come to this community. This will not only he for recreation, but will also bring jobs to our community. In reference to a campaign promise, he used to be involved in politics and promises are made every day and they had to make a decision and had to make it now. He commends the Co~t~cil. Let's build a park for everyone to enjoy. It will keep the kids o~f the street and make a better City. tMF. s. ,~65~$ ~pl~moEt~ ~ Lantana, ~ppeared before ne GounciI ~hd advised that she'formerly lmved on N. E. 6th Avenue in Boynton Beach and thinks this is a County-wide interest. She has nine grandchildren and seven are Boys. She knows of nothing which appeals to the young people as well as sports. If there is a bond issue to the private citizens, she will be the first to buy one. What better return on yo~mr money can you get? Sports are good for the kids. If money ~s not spent in sports, it will sooner or later be put in reform schools and halfway houses. I~. Mike Mehalic, 327 N. E. 15th Avenue, appeared before the ~ouncil and state8 he was speaking in favor of this as a senior citizen. He is 71 years old and belongs to the Forever Young Club. We are going to have that ball park, not only for the Montreal Expos, but for all of us. We can watch them during the day. A quick decision had to be made and we voted for these people and if we don't trust them now, why did we vote for them? A lot of time the Council has to make decisions. If we knew what was going to happe~ tomor- row, we would not be there. We must live day by day and not in the past. He thanks Mayor Jackson and M~. Kohl for their good thoughts. He bought a little boat four years ago, but has not had the cover off because he has been too busy, He has be~n involved in the clean-up, parade, etc. He has been working for the people and likes to see people smile and this ball park will m&ke a lot of people smile. -12- MINUTES - REGULAR CITY COUNCIL ~ETING BOYT~TON BEACH, FLORIDA M3.Y 2, 7978 Mrs. Eathleen Kirton, 2526 S. W. 13th Court, appeared before the Council and stated she was very much in favor of this. An editorial in the Sun Sentinel expresses her feelings. She feels some people can be short sighted. She kuows peo- ple are concerned about the high cost of living, but they should also be concerned about what we would lose if we do not get this. She cannot imagine anyone being against base- ball with or without a referendum. She realizes at times it is difficult for public officials but standing up for what is best for the community is the difference between statesmen and cheap politici~s. Getting the land for $1.00 is just good sense. She was in accord with the one person r~nning for office not ws~ting to see a cement plant here. She would like to see a ball parkaand does not care if there are lights or not. She is a grandmother and wants Shawn to know that all old people are not against little kids. She went to the ball park tonight and hopes she is not saying any- thing repetitious. She is in favor of Boynton Beach growing mn the proper way and it is doing that. Whether the people want it or not, there will be growth in Boynton Beach. The kind of weather the north had last winter will bring people here. She would rather see the policement on Cengress Ave. directing traffic rather than in a stakeout to capture bur- glars. She is in favor of this. If the policemen have to direct traffic, she doesn,t think they will mind. The County will four lane Congress AVenue Mud the bridges are already being prepared. Let's have the hall park; the sooner the better! Mr. Hank Thompson, 300 South Federal Highway', appeared be- fore the Council and stated that he thinks everybody here in one way or another expressed the fact they want to see the Expos come, but the only question is whether it happened too fast. It has not in his opinion. He compliments everyone who took part in this decision. He has lived here for 22 years and land study is his business and he could not think of a finer location. He urges the Council to ratify the contract. M~. Vic Knight, Radio Station WDBF, appeared before the Council and advised that his corporation had the pleasure of operating a station in Daytona for five years and covered the Expos' games. He lives on the line between Boynton Beach and Delray Beach, but is a Florida citizen since his family came here in 1821. Florida has been growing at a net growth rate of just ~uder 2,000 la.milles Der week since ~960. If you expect to keep the folks in Toledo-noW that you are here, yon cannot, l~obody retires to Chicago. They want to come here. Take a visit to Daytona and see what they are ~oing since they lost the Expos; it is a wake at the Council meetings. The Dodgers fly in their own jet to Yero Beach to train. You cannot keeo the people from coming to Florida. -13- MINUTES - REGULf~ CITE COUNCIL ~ETING BOYNTON BEACH, FLORIDA MAY 2, 1978 ~ais is the greatest thing which could happen to this com- munity. There is no way to limit growth. If you don't like growth, there are other places to live with 234 miles between here and Jacksonville with areas like Florida was in 1934. The southeast gold coast has 2.4 million people and the Tampa hay area has 1.5 million people. There is no way to stop the people from moving h~re. We have a marvelous place. Ask amyone from Detroit what they think of and it is the Tigers. Vero Beach had 6,700 people at their last game. ~. Harold Schmidt, Leisureville, appeared before the Council and stated it appears some of the previous opposition to the building of this sports compleE may be against it because of the caliber or competency o£ the Montreal Expos. Possibly they would like it if we brought in the Tankess or Reds. He is not familiar with the contract ~ntered with the Montreal Expos, but it is not unusual that they leave a staff where they practice spring training to work with the youngsters of the neighborhood and students tutoring them in baseball. Mayor Jackson informed him that the Expos have agreed to do ~yor Jackson ascertained that all the people wishing to speak had done so and opened the discussion to the Council members. N~. Roberts stated that he has to answer a few remarks because it~. is not difficult to explain some o£-these thiugs. First o£ all~ this .bon~ i~sue without a ref.e~, dura is l~ega~. &proper..A~.ybodyW~O says there *See zs nanEy-panky is wasting their t~me. If ~t was ~llega!, it would not be done. It is illegal to have a meet~ug without Council Min notice and this issue was given five hearings with notices, of 5/16/78 He does not think it should enter what is going to happen. He has been on this Council for five years and has never had any charge of misdemeanor leveled against him and he intends to continue working for the people until he is out of office. He is interested in the City. Some people wanted to build a large tower to put Boynton Beach on the map~ but now we have the chance to put Boynton Beach on the map with p~ying $1.00. If you are going to worry about bond issues, we are going to Eave revenue bonds to build that sewage treatment plant and that is something to worry about and not this. He then read a portion of an editorial in the Sun Sentinel of May ~ regard- ing the bond issue. ~. DeMarco referred to M~.. Nilligan,s and M~. Testa's state- ments and asked how the cost could be measured to maintain parks and playgrounds, which is the second largest cost in the City, ~gainst the pleasures we have? There is no actual income from p~_ks and playgrounds. He believes the Montreal Expos have agreed to a 25 year lease. They will only be here ten weeks and the rest will be for Boynton Beach. In reply MINUTES - REGU ~LAR CITY COUNCIL ~ETING EOYNTON BEACH, FLORIDA ~Y 2, 1978 to Dr. Kennedy about the cancelled bond issue, the project for the police station was not needed since the court is now handled by the County and the cells have been renovated for offices and we have more room than needed at the present time. Also, there is still a question whether it was legal to f~d the mausoleum that way, In reference to the boat ramp so~ea, we were talking about the sum of $300,000 and it was later sold for $240,000. In reply to M~. ~archiano and the refer- ence to the time factor, he happened to be one of the first deB. elopers when the Little League started in Boynton Beac~ and the people fough~ the park on 2nd Avenue and they now think it is great, He was also on the Council and was one of the instigators to buy 600 ft. of bemch about 25 years ago and we were criticized and now it is the finest thing we have. In five years, he thinks this will'have its own story. ~. Harmening referred to the Expos being purely incidental as this is a recreation complex which we planned to build for approximately four years. We did not get the land in the fir~tgo-round. The Expos in considering the distance from Daytona felt they wanted tobbe in the south Florida area. Regarding bond issues, in 1972 the City Council d~- cided to build a new library and it was put up for a refer- endumvote at the general election in December. There were 4,009 people voting in that election and the referendum was on the same ballot, but only 1,375 of the 4,009 people who voted even bothered to vote in the referendum. It did pass and we found afterwards we could save the City a considerable sum of money by building the library without validating the bonds, This sport complex will only be used for a short time during the year by the Expos. It is strictly incidental to the overall parks and recreation issue. It will be a conven- ient and worthwhile project to have the Expos here. He is sure the businessmen will benefit from the extra business. He is sorry for anyone not in favor, but he feels it is a worthwhile endeavor and the majority of the people will benefit from it. M~. Caldwei1 referred to those who question the financing, upkeep and maintenance of the ball park and asked if they truly advocated that the City stop funding all non-profit making services. They should i~ediately sell the City's beach and rid ourselves of all parks, free services to the resi- dents~of the City, etc. He has hea~dccomments from people quoted more often than the President of the United States alleging this project is going to definitely rs~e the taxes of this City at least $20 per person per year. Where are those people tonight? Where did they get these figures from? He has heard people say this project will not cost 1.5 million dollars, but engineers and architects indicate 3.5 million dollars and he questions those figures and ac- curacy. E~ demands these people come forward and divulge 5/16/78 MI~JTES - REGUi%~R CITT COUNCIL M~ETING BOYNTON BFACH, FLORIDA ~L~Y 2, 1978 their sources. Every city is concerned with necessary~ funding of city projects and as far as he is concerned recreational facilities are just as necessary as police, fire, water, sewer and gar- ba~e services. He feels he was elected by the people of this City because he is an independent thinker and can make deci- sions. He can make mistad~es, but if he has made a mistake, it is in the interest of the people of this town. M~. Kohl referred to sometimes being a hero and sometimes a dog as the people put it, but any part he has had in this has been for the good of the City of Boynton Beach. We have pro- grams already for this park and he wants to take the boys off the street. We will put Boynton Beach on the map as far as the State of Florida and even the United States. We will develop athlet~ who may participate in the ol~vmpics and possibly A.A.U. matches in different sports. Sports build character and that is what we intend to do here in the City of B · · oynton Beach. M~. DeMarco then made a motion to ratify the agreement with the Montreal Expos ~ud the City of Boynton Beach with the addendum, seconded by ~. Caldwell. No discussion. ~s. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman DeMarco - Aye Vlce Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts - Aye Motion carried 5-0. In response to a question from the audience, Mayor Jackson announced that the addendum covers four 5 year options to the contract. M~. Moore added that the executed agreement is on file in the office of the City Clerk for the examination by any interested party. Mayor Jackson stated that before leaving this item, sh~ would like to ma!~e a suggestion as we know we are going to want Congress Avenue widened. She told about the M.P.O. meet~g several weeks ago with Boca Raton in reference to the extension of Glades Road and told how a stop order was put on this and changed as a result of the meeting. She spoke to I~. Ned Brooks and he suggested we write to the M.P.O. since there are sevea~fuqaw suits regarding buying of rights-of-way for Seacrest Blvd. and request the County to change to widen Congress Avenue since the right-of-way is purchased and then come back to Seacrest Blvd. She suggests that ~. Kohl w~tte a letter making this request to the M.P.O. to have a hearing on this. The members expressed agreement and u gestion. ~. Kohl was requested to follow this sug- -16- *See Min. 5/~6/78 MINUTES - REGULAR CITY COUNCIL ~ETING BOTNTON BEACH, FLORIDA NAY 2, 1978 ~. Roberts stated he did not ?~uow whether it is necessary after all this discussion, but he had thought it would be nice to publish a large ad in the Shopper and explain this. However, he thinks tonight was an indication and with the number of petitions coming in, he does not think there are any problems. N~yor Jackson replied that she has ~omnd some misconceptions and agrees an ad should be placed giving an explanation. Mr. Caidwell agreed that he thinks we owe it to the people to lay out the whole thing in simple language. -~h~. Harmening agreed. M~. Moore referred to the information having always been available in City Hall and stated he thought they were over-reacting to a few people objecting. ~. Roberts agreed and stated he thought the minutes would ~peak for themselves if necessary in court. Msyor Jackson suggested waiting and Mr, DeMarco agreed, BiDS Two (2) NCR Bmll_n~ Mach~ues (Tabled) ~. Harmening moved to take this from the table, seconded hy ~33. DeM~rco. Motion carried 5-0. ~.~r. Kohl stated at the regular City Council meeting of April 4, 1978, the Council recommended the re-bidding of this item as only one bid had been received and that bid was considered too low by our Tabulation Com~mittee. The bid opening was scheduled for April 25, 1978; however, no bids were received. Therefore, he is requesting Council's approval to include these two billing machines in our auction which we will be advertising in ~ few weeks. ~. Harmening moved to grant the City Manager's request, seconded hy F~. Caldwell. ~o discussion. Motion carried 5-0. PUBLIC HEARIEG LEGAL Ordinances - 2nd Re 9.dins - Public Hearing Proposed Ordinance No. 78-16 - Re: To Provide for Amended Estimate of Revenue & Expenses for Fiscal Year Ending Septem- ber 30~ 1978 (Antirecession Funds) Mr. Moore read proposed Ordinance No. 78-~6 by caption on seoond reading. -17- MINUTF~ - REGUI~R CiTY CO~CIL ~ETING BOYNTON BEACH, FLORIDA ~Y 2, 1978 M~or Jackson asked if anyone in the audience wished to speak in favor 6f this ordinance and received no response. She asked if anyonewished to speak against this ordinance and received no response. Mr. Roberts referred to this just being a balancing item and M~. Kohl agreed under the Ant3_rece~s~on Funds. M~. Harmening moved the adoption of Ordinance No. 78-t6 on second and final reading, seconded by ~. Caldwell. No dis- cussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice ~yor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye ~tion carried =-0 O. rdinances - 1st Reading Proposed Ordinance No. 78- Re: Amending Section 4t, Appen- dix A - Zoning Regulation Relative to Requirements of Buffer Walls Separating Commercial and/or Industrial Districts Which ~nt ~esidential Districts (see Old Business '~') (Tabled) ~r. Harmening moved to t~e this from the table, seconded by ¥~. De~rco. Motion carrie~ 5-0. ~. Moore referred to receiving some recommendations regard- ing the proposed ordinance amendment from the City Planner and Planning & Zoning Board with the agenda material and stated apparently the Planning & Zoning Bos_~d does not concur with the proposed ordinance. M~. De~rco suggested that the City Attorney finalize it and M~. Moore replied that he had no input ont~he propose~ ordinance submitted by the Planning and ZOning Board a~ud he ~ould prefer that the Council look at both and decide what their feelings are. ,~b~. Harmening moved to table this, seconded by ~. Caldwell. Motion carried 5-0. Proposed Ordinance No. 78-17 - Re: To Provide for Amended Estimate of Revenue & Expenses for Fiscal Year Ending Septem- ber 30, 1978 (Water Distribution) (see Administrative "F-I") ~. Moore referred to this being administrative to balance the budget on certain items and read proposed Ordinance No. 78-17 by caption on first reading. -18- MINUTES - REGUlaR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Mr. DeMarco moved the adoption of Ordin~uce No. 78-17 on first reading, seconded by N~. Harmening. No discussion. l~s. ~a~gett took a roll call vote on the motion as follows: Vice Mayor He~mening - ~e Mayor Jack~on - _~ye Councilman Roberts - Aye Councilma~ Caldwell - Aye Councilman DeMarco - Aye Motion carried 5-0. Resolutions Kohl replied funds. ~so follows: Proposed Resolution No. 78-Y - Re: Authorizing City's Recrea- tion Director to Prepare & File Project Application for R~creational Facilities Through Count~/City F~uS~$ ~ Moore read proposed Resolution No. 78-¥. Mr. Harmening moved the adoption of Re~olution No. 78-Y, seconded by Me. Caldwell. Under discussion, Mayor Jackson referred to funds being available for cultural affairs under the Secretary of State, Division of Cultural Grants, and M~. that these applications are made hoping for Padgett took a roll call vote on the motion as Motion carried 5-0. Co~ncilman Roberts - ~ye Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Harmening - ~ye N~yor Jackson -Ays Proposed Resolution No. 78-Z - Re: Authorizing Execution of Agreement Between City & Seaboard Coast Line Railroa~ for Installation of Raw Water Main - P~t C N~. Moore read proposed Resolution No. 78-Z. ~. Harmening moved the adoption of Resolution No. 78-Z, seconded by ~o Caldwell. ~o discussion. ~s. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - ~ye Councilman DeM~rco - Aye Vice Mayor Harmening - Aye Mayor Jackson - ~e Councilman Roberts - Aye Motion carried 5-0. -19- MINUTES R~GULAR CIT~ COU~,~{CIL ~ETING BOYNTON BEACH, FLORIDA M&Y 2, 1978 Other Consider Amendment to Non-Financial Agreement r CETA M~. Moore stated that apparently there was ~ delay in getting the contract through the-administrative agency on the work program and they have requested the effective date be altered. He thinks a motion changing the date would be sufficient. M~. DeMarco made a motion that the date be changed regarding the CETA Program, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Consider Execution of Contract to Buy& Deposit Receipt for Jackson Property Mr. Moore referred to having been in negotiations with the attorneys for the estate of the Jackson property and Mr. Kohl adde~that this is the property next to the elementary school and behind the police department parking tot. He referred to the Council having requested the City M~nager and City Attor- ney to negotiate for this property and advised that they have and this is the best price they could reach with the probate court. He recommends buying this property. M~or Jackson clarified that this would make a whole two block complex and M~. Moore agreed as soon as the school property is obtained and there is an agreement for that. Mr. DeMarco moved to execute the contract to buy the Jackson property, seconded by M~. Harmening. No discussion. Motion carried 5-0. Consider Agreement Between City & Hoynton Industrial Developers, Stormont Realty, Inc. to Construct 60' Road Perpendicular to ~ongress Avenue Mr. Kohl explained that this would be the road leading into the new complex from Congress Avenue which could be built by the City, but the developers of that prooerty are willing to give the right-of-way to the City and pa~ for half the road. M~. Roberts asked if 60 ft. was ample and ~. Kohl replied affirmatively that there would be four lanes and ampl~ room for drainage. Mayor Jackson cls~ified that it would be the main entrance to the complex. M~. Harmening moved that the proper officials be authorized to enter the agreement between the City of Boynton Beach and Boynton Industrial Developers, Stormont Realty, Inc., to construct a 60 ft. road perpendicular to Congress Avenue, seconded by ~. Caldwell. No discussion. Motion carried 5-0. MI~TES - REGUI~R CITY COUNCIL ~TING~ BOYNT0~ BEACh, FLORIDA OLD BUS I~SS MAY 2, 1978 Consider Proposed Zoning Ordinance Amendment - Re: Antenna Heights M~. DeMarco moved to table this since he doesn't think a pro- per hearing has been held. Mr. Simon Ryder~ Chairman of the Planning & Zoning Board, appeared before the Council and told about holding hearings a long time ago, and advised that the Board has been conducting workshop sessions and has now made their recommendations, ~. DeMarco asked if the inter- ested parties had been notified about this and Nm. Ryder re- plied that the Board has now submitted their recommendation to the Council after holding the hearing. ~yor Jackson re- ferred to having a hearing by the Council and Mr. Moore recom- mended that the spokesmen from the hearing be contacted and have them study this recommendation. Fm, Caldwell moved to table this pending Mr. Kohl notifying the proper parties regarding the Antenna Height Ordins~ce. Mayor Jackson referred to having a hes~ing and Mm. Harmening replied that if the proposed recommendations do not receive too ~ach flack, we can go ahead and have a public hearing with the ordinance. The City Manager could be dirscted if during the administrative review of the proposed regulations if some points are not resolvable that they be brought to the attention of the Planning & Zoning Hoard. Mayor Jackson asked if an ordinance should be passed now and Mr. Harmening explained the procedure recemmended and stated an ordinance could be drawn s~d passed ba~ed on the results of the recon- sideration. He added that there was no sense prep~ing an ordinance and then having to change it because there ~s an objection to one item. Mayor Jackson clarified that the motion was to table this to get input from the people inter- ested. ~. Harmening seconded the motion and the motion car- ried 5-0. Consider Proposed Zoning Ordin~_uce Amendment - Re: Buffer ~al!s (see Legal ~B-l") ~. Caldwel! referre~ to having tabled this under Legal and ~. Moore r~quested the Council to study the proposed recom- mendations with the proposed ordinance and make. a decision. NEW BUS I~ESS ADMINIS TRAT_~JE ~eliminary Advance Refunding Proposal~#ater & Sewer Revenue Bonds Submitted by Kirchner~ Moore & Compa%y ~. Kohl referred to a letter submitted by¥'~_mrchner Moore & Co~any and~a~vised~%h~t M~.Middlemaus.is ~resent in the aummence an~ ne would like nmm to explamn the letter re- ceived tonight. -2t - MINUTES . REGUL~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 2, 1978 ~. Robsrt Middlemaus, representing Kirchner Moore & Company, appeared before the Council and advised that additionally he represents a group of investment bankers, E. J. Hutton & Company and M. G. Lewis & Compare. He has been in discussion with N~. Kohl and the City's CPA's reviewing the presently outstanding bond issues and also reviewing the bond resolu- tions. He thinks, perhaps, a fairly substantial debt reduc- tion could be accomplished by going through the process of advanced refunding, which is something being done quite widely in the State of Florida recently. His firm special- izes in this in the country. They have been active in the State of Florida doing over ~ billion dollars. What they would like to do is receive Council's approval to proceed to prepare an actual advance re£unding plan. An investment banking letter gives them the right te proceed to orep~we the plan and meet wit~ the City's administrators a~d Council members and develop a plan and submit it to the Council for official action. The City is under no obligation to accept it. The City is muder no obligation to incur any expense as it is just their risk in doing business. They have given this a lot of thought and would l~ke to receive the Council's approval to proceed. N~. Roberts referred to this sounding like a commercial on television where one loan is taken to pay all the debts and there is one monthly payment. However, some of these bonds carry a pretty low interest rate and some carry pretty good rates. Is it his feeling that by lapping them all together there can be some advance gained? ~. Middlemaus explained how it was a preliminary plan showing savings in the neigh- borhood of $50,000 to $75,000 per year. He added that there are definite financial advantages and the debt will not be increased. .Mr. Moore added that the Council would have the option to makejjudgment when it is submitted. ~. Harmening referred to the Treasury guaranteeing an inter- est rate on these bonds we purchase through the maturity date and ~. Middlemaus agreed it was not a floating rate of inter- est. Mr. Harmsning asked if the Treasury has ever expresse~ any interest on reneging on these promises and ~. Middlemaus replied that securities are treasury bonds and to his know- ledge, they have not reneged on payments. Mr. Harmening clarified that he was referring to the guaranteed interest rate and M~w. Moore replied that the interest rate is an intrical part of the operation. Mayor Jackson referred to this not being submitted for one to two months and ~. ~d~lemaus~ ~ agreed. ~. Caldwell asked if M~. Moore had reviewed this and N~. Moore replied affirmatively and added that the Council will take final action after the recommendation is made. final acceptance of the recommendation is within the preroga- tive of the Com~cil. -22- MLNUTES - REGULAR CIT_V COUNCIL MW_~ETiNG BOYNTON BF~.CE, FLORIDA 978 M~. Middiemaus explained that they would develop the plan of re-financing and if the Council finds it acceptable, then they have to go through the normal steps of preparing the bonds, etc. If the plan does not look acceptable, the Coun- cil does not have to approve. He referred to No. 4 stating they are responsible for all expenses. Mr. Caldwell ques- tioned the cost smd ~m. Middlemaus replied that basically, it will not cost the City anything. He explained how there would bs some expenses out of the proceeds. ~. Eo.hlreferred to ~m. Middlemaus approaching him about seven months ago and stated that he brought it to the Coun- cil,s attention at that time and was told to pursue it. During this time, Mr. ~ddlemaus has talked to the Finance Department and the CPA's and Carpenter, May & Bremer and it is recommended they pursue this. ~m. DeMarco made a motion to have a preliminary advance re- funding proposal for the water and sewer revenue bonds pre- pared by Kirchner, Moore & Company° Motion carried 5-0. ~. Kohl referred to receiving a letter from this firm in regards to the Guaranteed Entitlement Revenue Bonds and .Mr. Moore clarified that it was an offer from them to purchase the Guaranteed Entitlement Revenue Bonds when validated. He referred to receiving a proposal from another firm with a discount of $30,000 and advised that this offer agrees to buy the bonds at par. He clarified that there would be a savings of $30,000 right off the top, which would give Kohl the feeling the money is there on the basis of the judge signing the validation decree. Mr. ~¢iddlemaus has given a firm offer to buy the bonds at the average interest rate. He has not figured out exactly what the average in- terest rate was on the other bid, but there was a discount rate. This would automatically put $30,000 more into our Euz~s for building the project. This is an agreement to buy the bonds at this price whether the market goes up or down ~nd at this figure. ~¢r. Middlemaus referred to the interest rates going up and down and explained the bond buyers' index. He stated that the bonds are rated as "A" and they are talk- ing about a term of 15 yeau"s and an interest rate of 5.82%. They thiD2~ it is a very competitive rate of interest and they would be willing to commit to this rate of interest at the 15 year bond interest. The trend has been for rates to get womse during the past couple weeks. M~. Roberts referred to the City paying the expenses and questioned the charge for the five items listed and ~ddlemaus replied that they were speaking of 2-2½% of the bond issue. ~. Moore added that the City was obligated to psJ these expenses under the other offer also. ~. Roberts ~sstiq~e~ t~e cost per year and Mr. Middlemaus replied that woula oe $150,000 per year and added that the other offer gives a discount and they would have to issue approximately $30,000 more to give more proceeds. -23- ~rI~J~S - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 2, 1978 ~'~. C~ldweli stat,d he could appreciate the need ofewOediennvdue to ~.~%e~hi~g~.i~o~nd¢o~~ fluctuation, but he feels this~opos~ ~s lacking t~e details necessary for a decision. We have concrete figures as to the overall cost, annual cost, etc., SeeM_in. of ~ · 5/16/78 o~t this proposal ~s only giving rough estimates. He pro- poses we ~ither continue with the other bonding agent or table this whole matter right now and give this gentleman the opportunity to come back expediently before the Council with exact estimates. M~. Middlemaus replied they would be glad to provide any details. M~.. Caldwell moved to table this until E. F. Hutton comes back before the Council and fills in the blanks in regard to the bottom line cost figures. ~. DeFmrco stated that this proposal would be out then because it is only good until tomorrow and Mr. Middlemaus agreed. ~. Roberts referred to the fluctuation affecting the other fiscal agent and N~. Moore replied that hisooffer was to buy the bonds with 2¢ off the doll~ and this is buying at par. The cost of the bonds are identical. He clarified that they have attempted to negotiate with a number of companies and local banks ~d now we have two proposals which are basically the same except there is $30,000 different right up front. However, the other alternative is to w~it until the bonds are validated and go out for bid. M~. Harmening referred to Item 6 on Page 2 and stated that all the costs are going to be about the same no matter who handles the bonds and the City always pays for these costs. ~k~. Caldwell agreed that the City is going to p~v the costs~ hut the question is are we going to pay the same for both. He believes we must have exact figures from each company to make a decision. They discussed the comparative costs and ~. Harmening clarified that both would come within a matter of mils and the only thing which will change is the interest rate structure. Mr. DeMarco made a motion to accept this to expedite this since time is of the essence and it looks like we are saving some money to get this whole complex going. M~. Roberts re- plied that he didn't know enough about it and would like people more knowledgable to explain it. ~. Moore explained how it all depended on the interest rate, but it would still run about $~50,000 Der year. Mr. DeMarco asked if time was of the sessence and-F~. Kohl replied that he would like to get it going. Mr. Moore ad~ed that the only way to lower it per year wo~ld be to lengthen the time and that would mean additional interest. ~. HarmenLug explained how it was his opinion that the mar- ket for municinal bonds on a relatively short term issue was red hot and there would not be any trouble selling them. -24- MINUTES - REGULAR CITY CO~R{CiL MEETING BOYNTO~~ BEACH, FLORIDA N-~-Y 2, 1978 M~. Middlemaus stated it would be a lot easier for them to come back and give a firm bid once the bonds are validated and the official statement is completed. However, he ex- plained how the bond market was in a turmoil right now, but if they wait they may get better ventures. ~.-Roberts referred to it only being a question of two weeks and stated he did not thir~k that would make much difference. R~. De~rco referred to there being other offends and !~. Kohl replied that Hough & Co. sub, tied an offer and M~yor Jackson added that it was close to this. R~. Caldwell moved to table this, seconded by ~. Harmening. ~. Moore stated there was no nee~ to tahle this since it expires tomorrow night. R~. Roberts suggested that all the figures be brought in and Mr. Harmening replied that there was no telling for sure what the interest rates will be two weeks from now. M~. ~ddlemaus stated that they would receive better bids if the bonds are validated and the official statement is completed. ~. Roberts made a motion to have the bonds validated and then have fig~res presented as soon as possible after that, seconded by ~. DeMarco. Under discussion, M~syor Jackson clarified that the motion was to wait until after the valida- tion and Mr. Roberts agreed. Mr. Harmening suggested that the Council keep a close eye on what is happening within the next few days and weeks, if it looks like the interest rates are going up, a special meeting should be called and new figures requested from these companies as of that moment. Motion carried 5-0. ~. Moore clarz~z~d that Mr. ~ddlemaus would stay on top of this and submit a bid when the Council requests it and ~ddlemaus agreed. Consider Recommendation from Building Official - ProDosed Changes inSwimming.Pool Ordinance ~o Allow Above-~rQund Pools M~yor Jackson stated this was something shewas glad to see because she knows many children do not have the opportunity to swim in a large pool and ~. De~rco agreed it was a good idea. F~. DeN~rco moved to consider the recommendation from the Building Official to change the ordinance to allow above- ground pools, seconded by ~¢r. Harmening. No discussion. Motion carried 4-0. (Mr. Caldwell had left the room.) Consider Site D~velo~ment.Plans Johnson, Kintz & Lassiter to Construct a Branch Bank for First Federal Savings & Loan Association of Lake Worth at 246 North..Congress .Avenue (Leisurev~]]e Plaza) -25- MINUTES - REGULAR CITY COUNCIL MEETING BOY~Y~ON BEACH, FLORIDA MAY 2, 1978 Mr. Kohl informed the Council that the Planning & Zoning Board at their regular meeting of April 25, t978, recommended approval of the site development plans submitted for construc- tion of the above branch bank subject to the followir~g staff C o~L~ent$; Submit deed for parking lot. Make separate sewer tao vmder City supervision and run hard copper wa~er line from tap to rear of building. Motion to approve was made by Mr. Winter and seconded by Lambert. The vote was 5-1 with M~. ~rena d~ssentmng. he have Council's wishes on this matter. Mr. Harmening moved to approve the site plan including the Planning & Zoning Board's recommendations regarding the Johnson, Kintz and Lassiter application to construct a bank at 246 North Congress Avenue with all the staff recom- mendations, seconded hy ~. De~co. No discussion. Motion carried 4-0. (M~. Caldwell still had not returned.) Eugene L. Vesely for Addition of Restaur~ut, Lounge, etc. to Shopping Center at 715 South Federal Highway (Vintage Restaurant and Lounge) M~. Kohl informed the Council that the Planning & Zoning Board at their regular meeting of April 25, 1978, recommended site development plans for modifications to an e~isting shop- ping center to include a restaurant, lounge, facade chs~nges aud landscaping be approved subject to the following staff comments~ Engineering Dept. BuildingDept. Utility Dept. ~ablic Wor~ Dept. City Planner - Separate ingress and egress 30 ft. ma~imum for c~rb cuts - Note this is an existing shopping center and a permitted use - Provision for proper grease trap re- quired. - Dumpster to be on t0' x 10' concrete pad and fenced Health Department approval required - Eliminate parking backing into S. E. 4th Street by using adequate curb and curb cut system The motion to approve was made by ~. Lambert and seconded by ~. Arena. The vote was 5-I with M~s. Huckle dissenting owing to p~king. M~ hs have Council's wishes on this matter. -26 - MINUTES - REGUL~R CITY COUNCIL MEETI~G BOYNTON B~ACH, FLORIDA MAY 2, 1978 ?~. De~rco moved to adopt the development plans for Eugene L. Vesely subject to the staff comments, seconded by ~. Harmening. Under discussion, ~. Roberts asked if a representative was present and ~. Eugene Vesely appeared before the Council. ~. Roberts referred to this being a lounge emd stated that there is a noise ordinance and he is curious about late night activities which may cause a di~t-~rbance and M~. Vesely re- plied that he could not visualize anything. ~. Roberts re- ferred to there being a few houses located nearby and stated there was a similar experience where late night noises caused some concern and M~. ~esely informed him that their intent was to develop and carry on a high class operation and they will not tol'erats~ any noises. N~. Kohl referred to another restaurant playing loud organ music with the windows open and ~. Vesely replied that this building did not have any windows. M~. Caldwell stated he thomght this wasimmaterial at this point as a restaurant is allowed in this location. Roberts clarifie~ that he t~ought it was a good point to bring out because if the neighbors complain they may have to close down. Motion carried 5-0. Guardian Mortgage for fifty-two (52) Villa Type Units at 1700 Palmland Drive (Palmland) M~. Kohl informed the City Co~ucil that the Planning & Zoning Board at their regular meeting of April 25, 1978, ~uanimously recommended the site developz~nt plans submitted by Guardian Mortgage for 52 villa type units be approved subject to the following staff comments: Engineering Dept. - Utility Dept. - Planning Dept. - Easement drawings and bond required for proposed utility changes Swales to be paved on Palmland Drive Verification of existing bond or submis- sion of new bond if none exists Show existing water line depths in rela- tion to finished grades in project site Proper installation and marhing of all existing valves in water system Subject to court order The motion to approve was made hy ~. Arena and seconded by M~. Lambert. May he have Council's wishes on this matter. Mr. Roberts referred to being a plaintiff in this case and stated he was interested and asked if this was condominiu~ or a subdivision and Mr. Annunziato informed him they were villa type condominiums. Mayor Jackson asked how many units there would be per acre and M~. Jack Patric-~Sinformed her there would be seven muits per acre. ~. Roberts asked if there were any objections ~d M~. Annunziato replied that there were none. -27- MII~TES REGULAR CITY COUNCIL ~ET-~NG BO-VNTON E~CH, FLORIDA M~Y 2, 1978 ~. Harmening moved to approve the site development plan for Guardian Mortgage and Palml~ud subject to the stipula- tions from the Engineering Dept., Utility Dept., and Plan- ning Dept. Mr. DeM~rco seconded the motion. Under discus- sion, ~. Roberts asked if the Village of Golf or Delray Dunes had objected to this and ~. Annunziato replied that he did not know whether they were aware of it. F~. Roberts referred to the court order and M~. Annunziato informed him that these plans are in conform~ace with the overall develop- ment of Charter ~orid. Motion carried 5-0. Consider Request for Retirement Extension - ~&r. Henry Albert, SuperVisor, Building Maintenance Department ~. Kohl referred to the letter he su~mitted and added that he is of the same opinion. Mr. Harmening moved to grant the retirement extension to ~. Henry Albers, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. Application for Permit to Solicit - American Legion Auxiliary, Cline-Pauch Unit No. t6~ ~. Harmening moved to grant the request to solicit to the American Legion to sell poppies, seconded by M~. Caldwell. No discussion. Motion carried 5-0. Consider Approval of Budget Transfer Requests: U~lm~ Fund. Contingency to Water Distribution Legal B2) Utility Fund: Contingency to Sewage Collection ~. Harmening moved to grant these budget for the Utilities Department, seconded by discussion. Motion carried 5-0. ~pproval of Bills (see transfer requests Y~. Caldwell. No Xohl read the following bills for approval: Longview Lime ~a!teted lime for Sewer Plant P~ from budgeted funds 401-533-550-03-65 ~eatts Truck~nE ohe!l rock for Street Dept. Pay from budgeted * ~ ~unms 001-401-540-02-3A Hank ThomDson Realty Deposit o~ Hall property (proposed site for pumping station) Pay from Ut~lmty General Fund ~01-000-161-11-00 Council approved 4/18/78 1,979.00 1,204.75 5,000.00 -28- Ml~TES - REGULAR CI_~T COUNCIL ~ETING BOY,TON BEACH, FLORID.~ e MAY 2, 1 978 10. 11. Rubin Construction Co. Asph. concrete for S.W. 11th St., south of 23rd Ave. Pay from budgeted funds 001-401-540-02-3A ,250.04 Isiah Andrews 110.00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance #73-15, passed 5/15/73 Willi~ Ruth McGrady 96.00 Serve~ for Senior Citizens Club - 2 weeks Pay from Federal Revenue Shar~i~g Eund 320-~71-570-02-5A Ordinance #73-15, passed 5/15/73 12. Emergency One 26,861.00 Brush truck for Fire Dept. Pay from FederaI Revenue Sharing Fund 320-231-520-04-83 Bid approved 3/21/78 13. G. A. _ndus~ries~ In~. '~8 electric Che~k vmlves for Water Treatment Plant Pay from budgeted f~uds 401-512-~50-02-D3 Council approved 11/15/77 6,647.72 Orton Construction Co. Relay damaged ~" Sanits~y N.E. 7th St. & N.E. 7th Ave. Pay from ~c~t. #401-531-550-02-3F, subject to approval of transfer 3,330.00 Russell & Axon 626-681-01-4 #I 2,0t2.95 Revision of specs on Lift Stations & Force Mains Pay from Utility General Fund 401-000-t69-11-00 Endorsed by Frank Kohl and approved by Council Russell & Axon 626-6~1-08-3 #17 10,918.58 Consulting services during construction of Expansion of W~ter Treatment Plant ~ from Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 Russell & Axon 626-68~-08-6 #21 Resident insp~ctlon during construction of Water Treatment Plant Expmusion Authorization dated 5/8/74 Pay from Utility General Fmud 401-000-~69-0t-00 6,213.85 Allen insurance A~ency 10,278.00 Audit on Workmen's Compensation 10/16/76-10/16/77 Pay from Accounts: 001-000-247-42-00 $6,852.00 401-000-271-02-00 $3,426.00 -29- MINUTES - REGUL~M CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~Y 2, 1978 Sandpiper Construction~ Inc. Est. #5 8,397.00 Renovation of City Jail Pay from Public Works Grant F~uud 350-835-570-05-7A Contract dated 12/9/77 ~. Kohl stated that the bills described have been approved and verified by the dep~tment heads involved; checked and approved for ps~-ment by the Finance Department; funds are available in their respective budgets. He therefore recom- mends payment of these bills. M~vor Jack, on referred to No. 14 and asked if final payment and M~. Kohl replied that it is because it is finished, but he will check. this was the pretty close Mr. DeMarco moved that the bills be paid, seconded by Me. Caldwell. No discussion. Motion carried 5-0. ADJOUR~E~ Mr. Roberts moved to adjourn, seconded by Mr. Harmening. Motion carried 5-0 and the meeting was properly adjourned at 10:20 P. M. CITY OF BOYNTON B~CH, FLORIDA ATTEST: ~ ~~City Clerk Recordin (Three Secretary Tapes) -30- ~cilm~u