Loading...
Minutes 04-28-76MINUTES OF SPECIAL CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH., FLORIDA, HELD IN CITY HALL, NED~SDAY, APRIL 28, 1976 PRESENT Joe DeLong, Mayor Jo?eph F. Zack, Vice Mayor Emily M. Jackson, Coumcilwoman Norma~ F. Strnad, Coumcilman Frank Eohl, City Manager Tereesa Padgett, City Clerk M~yor DeLong welcomed everyone present and called the meeting to order at 2:30 P. M. He announced this was a called spec- ma meetmng by t_he ~hamr for the purpose of reconsideration of Resolmtion 76 Y and any Other business, the coUncil may want to direct. He then ~etcomed back Vice ~&~yor Zack. Reconsideration of Resolution 76-Y N~yor DeLong requested that the attached letters be made a part of the record: a letter addressed te Mr. Kohl from the Cm y Attorm~y~relatmTe te proposed Resolutiom ?6-Y dated April 23, 1~76 a~d also a letter received by the City Attor- ney from the State Department of Revenue signed by Robert ~M. Lankford dated April 19, 1976. Eayor DeLong advised that according to Roberts Rules of Or- der, Page , a motion to reconsider must be~ made by motion by and any member may second. He then rea~ 158 s~ting that a motion to reconsider requires a ma vote. ~yor DeLeng them ammoUnced that a motmon would be in order to reconsider.Resolution 76-Yo He added that this Resolution was lost by a Vote of ~0 at the regular City Council Meetmng ef T~esday, Ap~iml ~20, 1976. At this time, the Chair declares a motion in or~er ~e~ reconsideratiom. Mr! Strnad so moved, seconded by Mr. zaClk. Mayor DeLeng cla~.~-~fied that it had been moved and 4ece~ed to reconsider Resolution, 76-Y and in accor- ds~ce with the~l~sce~ure as outlined in Roberts Rules of Order,hef~e~ ~r~ad"$h~$~e£~V6~(. No discussion on the motion. Mrs. Padgett book a r~i~i vote as follows: Councilwoman Jackson - No CoUncilman Strnad - .&ye Vice Mayor Zack - Aye Mayor DeLeng - Aye Mo mort carried 3-1. Mayor DeLongamnouRced that at this time, a motion would be in order for the adoption of Resolutioa ~6-Y. Mr. Strnad moved for the adoptiom of Resolution 76-Y, seconded by Mr. Zack. Mayor DeLo~g clarified that it had been moved and seconded to adopt Resolution 76-Y with instructions to the City M~anager to have the proper City officials execute all MINUTES - SPECIAL CITY COUNCIL MEETING APRIL 28, 1976 BOYNTON BEACH, FLORIDA the necessary a~reements and/or contracts pertaining t? the ba_~v loa~ a~/~ivate property pertained in. Resolution 76 Y plus publication i~a New York newspaper. Under dis- cussion, Mrs. Jack, on read the following statement: ,,This Council was elected to represent the people of this City - ~ot to tell them what is good for them. First we are talking about buying land to increase our park at the boat ramp. How do we k~ow a m?jority of the people WANT this? ~ew ma~y of the citizens are willing for the Comn- oil to;borrow:and pledge THEIR mo~ey? We don't know. Let ns give them a chance to vote on this. Perhaps we do need a second floor to our Police Statio~. Some people think we do, others think that a police station less than 4 years old is sufficient for now. Again, let ms give the people a chance to vote on this. The talk is all about a loan of approximately $700,000. Very little has been said about the fact that, with the inter- est it~will bring the total to over $~ million, that we are putting the people in "hock- for ($1 million plus additional costs, that always arise). Much talk is Beach, Buildings is created by the citizens want it. of this magnitude done about ~building the image,,-of Boynton don't build the image. The image of a city law-makers representing the city the way the The way we find that out is to put projects to a vote of the people. I, for one, am not going to sit up here and play God. I want the people to speak. I especially thir~k this is a sneaky way of doing this - at a poorly advertised special meeting (and I am ~ot blaming the news media, but the fact that this meeti~ was called on such short notice) and at a ~ime when the entire Council can- not be here to voice an opinion. Waiting seven more days would not have made that mmch difference. At least, it would have been o~ a regular Agenda. Again I say: put this to a referendum, giving the people the full facts as to how much these two-projects are costing them, a~dlletting them choose whether they want both a park 'and more boat ramps, or an upstairs to the police station or a par~, or both.~' Mayor DeLong replied that the charter was set mp with wisdom in the respect that everything is not tied down to the vote of the people. He explained how the people had faitkand confidence in the people they elected to office. This does not ha~e to go to referendmm. The original police station MINUTES - SPECIAL CITY BOYNTON BEACH, FLORIDA COUNCIL ~ETING APRIL 28, 1 976 did not go to referendum. The only time to go to referendum is when they go into a general bond issue placing a ever~ome,s pr?perry. Ee referred to accusations made, stall ~lcs~se~etc~ a~ ev~ry~charge.made has ~ee~ pro~en ~. ~ne ~m~y snoul~ no~ s~and stmtt. They have.had re- gress in the past. Mrs. Jackson referred to the original police station and statedthat was a case of necessity where the other build- ing was condemned. They also did not have to get a referen- dum on the pool at Wilson Center, hut it was done ~yrefer- end~m. This resolution covers two ~ifferent things and she feels the people should have the choice. ~m~vormDeLeng re- plied ~hat she voted for the d~g pomnd, Wilson~Center, fire s%atio~ and none went to referendum. These were all paid P~ice America a citizens, grou~, the City ~amager, thatthis.is for a difference of o~inion. Mrs. Padgett then took a roll call follows: Councilwoman Jackson Councilman Strnad ~ice M~yor Zack ~yorDeLong Motion carried 3-1. vo=e on the motion~as - No - Aye - Aye - ~Je Application of Salty Dog Mayor DeLong a~nounced that a motion would be in order to rescind the motion passed at the regmlar City Council meet- ing on Tuesday, April 20, 1976, relative to a beer amd wine license application for the Salty Dog due to improper infor- mation conveyed to the City ~ouncil. This was~not a trsnsfer of a license, but a new application. The motion to rescind will include instructions to the City Manager to place the corrected applicetion on the Agenda for the regular City Council meeting on May 4. Mr. Strnad so moved, seconded by ~m. Zack. Under discussion, Mrs. Jackson stated she made the original~motion and has learned a lesson. She will not vote for anything that comes up at the last minute until she sees it in writing. SHe acted in haste. She will only vote if it is an emergency~ Mayor DeLong replied that it was not necessary to apologize. Motion carried 4-0. Discussion of Resolution from Buildin~ Officials Organization. M~jor DeLong announced that a request had been made to have this on the agenda today, but he is going to request that it stay off the agenda and be taken up at the next meeting. -3- MINUTES - SPECIAL CITY COb~CIL MEETING APRIL 28, 1976 '~L BOYNTON BEACH, ~ ORIDA He advised that this resolution concerned an appeal made to the County League of Municipalities by the President of the Bmilding Officials Organization, M~. Charles O,Melia. It is relative to antiquated laws. tn speaking to the City Attor- ney, he.was advised that this resolution forwarded By Mro O'Melia was faulty in some instances with respect to citing 1974 State ~tatutes which since then have Been superseded~ Mrs. Jackson stated she woul~ l~ke te discuss thim now. She doesn't think~they would even have time for a resolution. If Mayor DeLong announced that the Chair would accept a motion to instruct the~C±ty Manager to contact the City Attorney relative to resolution as submitted by Mr. Charle~ SO ~ ~eLong acks¢ City talk t ~ h. ~otion what action should Be take~. Mr,;Zack Mr. Strnad. Under discussion, .Mayor they would take into consideration Mrs. regarding sending a telegram~ M~s. Jack- like to point out things in this reso- replied it would be left up to the continued that she wanted to his law will do and ,Mayor DeLeng replied judgement of the City Att~rneyin orders given to the City Manager. Discus~ion of~hlic Defender,s Reguest Mayor DeLong a~vised the City Council to be prepared at the next m~eting ~o. come in with some recommendations or~sug- gestion~imse~a~.as the letter received from the Public Defender,s la~ firm. He added that they received a request from t~? Public Defender regarding an increase in fees and they will ~ot .~ ~hle to carry on beyond July 1. ~i' Je~r~ Oxme~.r~q~ested the opportunity to speak at this me a~ising ~naz ne would be unable to attend the next Council meeting. Ne explained that he has done the best ~e can to tak~ Steps to keep the ex~enses~f thi~ ~f~ ow~. He tried te explain in his letter that it is not economical for them to continue to provide the service. He referred te changes recommended in his letter. Mayor DeLeng informed him that this would be taken into consideration. ~e explained how the Council must consider adjustments fSr ~h~ other employees in the court. He sug- gested that his recommendations be given to the City U~muager and he would discmss them with the Coumcil. M/~UTES - SPECIAL CITY COUNCIL ~ETING APRIL 28, 1976 BOYNTON BEACH, FLORIDA F~s. Jackson referred to the workload increasing with refer- ence to getting the records. She questioned if they went back to the sams method, so the workload wasn't so heavy, could it be done? Mr. ~ner replied that it would cut down, but the problem still exists. Mayor DeLong stated the main culprit in the problem is anyone can ask for a public defender and there is no way to investi- gate their fimancial standing. The law is too vague. They are creating a financial imposition on the m~cir~ti~ He expIained how large Cit±~s had investigator~ ~'to the court. M~. OXaer agree~ that was Dart of the problem. He has to take cases any time the Judge determines they are his. Mayor DeLe~g stated that the judge must take people at face value and has no wayto investigate whether thee,are in- digents. .Mr. Oxaer explained how some courts did investigate. Mayor DeLong referred to Mr. Oxner obtaining the ordinance from Fort Lauderdale and Judge. Schwartz working on it. ~. ~Oxner ~greed that he did provide the ordinance, but did net ~now who was wor.king:on it. Mayer DeLong.,info~med him that at t~e present tim~, he did not ~elieve they were set u~ to provzde an investigator. He continued that in,reference to tween the 3dge, 3udge ad-l~tem ~nd the prosecutor. He w~uld like this followed Up with the City Judge. M~. Kohl informed him that he is already checking this with theGity Attorney. Mayor DeLong annomnced that he wanted some inpu~ from the City Co~_acil regarding the degree of increase. It is up to each individual City Council member to make a study as to how much the other salaries will be adjusted. Mms. Jackson suggested checking with other cities. Mr. Kohl infor~ed her that he has gone through the City-Attorney and does have a letter forthcoming from him. Mr. Oxner continued that he would like to emphasize the points made i~ his letter. He explained the expenses involved. Mayor DeLong replie~ there was no question about the workload involved. Mayor DeLong then referred to 34 hours of overtime paid to police officers for time in court. Mr. Oxner stated there was no doubt that the f procedure could be expedited. Mayor DeLong in ormed him t~at Mr. Kohl had a discussion with the Chief ~f Police a~.,has Been given soma ideas-~s to how this c,an be ,expe~ite~. They cannot contluue to paY34 hours of overtime to police officers every time there is court. -5- MINUTES - SPECIAL CITY C0~NCIL ~ETING BOYNTON BEACH, FLORIDA APRIL 28, 1976 Mr. 0xner referred te them not being just defendants, hut indigent defendants. Ne told about the problems in csn- tacting them. Mayor DeLong replied that he realized there were a-certain percentage of them. Also, another percent- age are able to pay for attorneys who are getting the ser- vice o£ a public defender free. I~, Oxuer referred to offering copies of collection letters used by City Managers. Mayor DeLong replied that he be]L~ved the City Manager would work in close conjunction with' him. Appointment of ~ember to Pls~ni~ & Z~t~ Boa~ Mayor DeLong ~eclared the nominations open for~ the appoint- ment of a member to the Planning & Zoning Boar~. He added that this is of an em~ergency natmre as they are working under a hardship with not having alternates~accord~ng to the Chair- man of ~th~ Planning & Zoning Board. He believes they should do something about having the charter provide for alternates on this Board. Mr. Zack nomimated Mr. Louis Reiser, 330 ~. E. 26th Avenue. Mrs. Jackson stated she did not know this was coming up today, Mr. Etrnad stated he did not have any nominations. Mr. Strnad moved to close the nominations, seconded ~y Mr. Zack. Motion carried 4-0. Mayor DeLong requested that F~. Reiser be notified of the appointment. Application for Permit to Solicit Mr. Kohl informed the Council that he had an application for permit to solicit in Boynton Beach from Palm Beach House, which is a division of Youth Services. It is a State Chari- table Organization. They want to solicit for tickets to the baseball games. Nrs. Jackson moved to grant this request, Zack. Motion carried 4-0. Adjournment seconded by F~. ~rs, Jackson moved to a~journ, seconded by Mr. Strnad. Motion carried 4-0 and the meeting was properly adjourned at 3:t0 Mr. Frank Kohl, City Manager Boyn%on Beach, Florida P~EE~ & $~ODiSl=L I~.A. Ap il 23, 1976 RE: Proposed Resolution 76-Y Dear Frank: As I~previously indicated to you in my letter of April 15, I have now received and allach hereto the leiler dated April 19 from Mr. Robert M. Lankford of the Office of Revenue Sharing of the Florida Deparirnent of Revenue. I would appreciate your circulating a copy of this letter and Mr. Lankford's leiler among the Council members for their information. As Mr. Lankford had indicated to me by telephone, neither the proposed pledging of funds to be received by the City from the Municipal Financial Assistance Trust Fund (the 2-cents cigareile tax fund), nor the refunding of the 197~ police building bonds, will affect the amount of revenue sharing funds due lhe City. As noted by Mr. Lankford, the sole exception to his statement lies in the possibility thai the City might become ineligible to participate in the receipt of revenue sharing funds beyond the mi~ir~um entitlement. For the irffornaation of the Council members, Florida Statute Section 218.23 provides that a city will be eligible to participate beyond the minimum entitlement if it: 1. Reported its finances for its most recently completed fiscal year to the Depart- ment of Banking and Finance; 2. Made provisions for ann~al postaudits of its financial accounts; 3. Levied ad valorem taxes (exclusive of taxes levied for debt service or other special millages authorized by voters) to produce revenue equal to a millage rate of 3 mills on the dollar based on 1973 taxable values, or, collected an occupalional license tax or utility tax, or both, in combination with the ad valorem tax in order to produce such 3 mill equivalent; 4. Ceriified that its police officers meet the qualifications for employmenl established by the Police Standards Council; its salary structure and plans meet the provisions of Chapter 23 Part IV; and no police officer is compensated tess than $6,000.00 annually. Mr. Frank Kohl, City Manager April 23, 1976 Page 2 In summary, Mr. Lankford has confirmed that the City is ~fully eligible to participate in revenue sharing funds beyond minimum entitlement and it is believed thai ii wou-ld be very unlike[y for the Ciiy to become ineligible via its inabiliiy to meet the abo~e-enum- erated requirements of Section 2t8.23. ROBERT B. REED RBR/jc cc: Curtis L. Witters, Esq. April 19, 1976 Mr. Robert Reed, City Attorney City of Boynton Beach Post Office Box 640 Boynton Beach, Florida $3435 Dear Mr. Reed: . In our recent telephone conversatiog you asked me to respond to'two questions which are listed below: 1. What effect on Boynton Beach's Revenue Sharing funds t~tl be realized by the pledging of funds received from the Municipal Financial Assistance Trust Fund (Section 200.132, Florida Statutes) to secured indebtedness? 2. What effect on Boynton Beach's Revenue Sharing funds will be realized by refunding the 1971 issue of Cigarette Tax Revenue Bonds? In answer to question one, there would be no effect on the Revenue Sharing funds to your city due to the pledging of your cigarette tax revenues from the MFATF. Section 200.132(1), Florida Statutes, gives munidipalities the authority to use these funds for any public purpose. tn answer to question two, there would be no effect on the Revenue Sharing funds to your city due to the refunding of the 1971 issue of Cigarette Tax Revenue Bonds. One exception to this state- ment should be noted. In the event that your city became ineligible for participation, it would be necessary to establish your city's minimum entitlement; i.e. the amount of funds required to meet prin- cipal and interest payments on bonds issued prior to July 1, 1972 and for which cigarette tax was pledged (Section 218.21(7) and 218.25, Florida Statutes). By the refundifig of the 1971 Bond issue Mr. Robert Reed April 19, 1976 Page Two your minimum entitlement would be.zero and in the event your city became ineligible, would receive nothing from the Revenue Sharing Trust Fund. I hope I have given you all the information you need. If other questions arise, please contact me. Very truly yours, Rexrenue Sharing R~L:am MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 28, 1976 CITY OF BOYNTON BEACH, FLORIDA (.~,/' ~'- // Vice ~yo~- Council Member Member ATTEST: Council Member City Clerk Respectfully submitted, Suzanne Kruso Recording Secretary (One Tape) -?-