Loading...
Minutes 03-16-76MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, I~_ELD IN CITY H~_LL, TUESDAY, i~H~RCH 16, 1976 PRESENT Joe DeLong, Mayor Joseph F. Zack, Vice Mayor Edward F, Harmening, Councilman Emily M. Jackson, Councilwoman Norman F. Strnad~ Councilman Frank Kohl, City Manager Robert B. Reed, City Attorney Tereesa Padgett, City Clerk Mayor DeLong called the meeting to order at 7:30 P. M. and requested everyone to arise at the sound of the gavel for the invocation given by }~. Frank Kohl, City Manager, and to remain standing for the Pledge of Allegiance to the Flag led by Hon. Robert B. Reed, City Attorney. &nnouncemen~s Mayor DeLong announced that he had a recommendation by the Chair for a special municipal election to be held on Tuesday, September 7, 1976, for items to be voted upon by referendum of the electors as follows: 1. Uniform County wide election day for all municipalities and townships on the second Tuesday in March of each year. 2. Independent election of Mayor for a 3 year term. Duties and power of office to be cons~_stant with the duties and power under the City Council-City Manager form of government. If approved by the electors, the effective date would be the municipal election of 1978. 3. The elimination of municipal primely elections. 4. The elimination of the restriction on the amoun~ of terms of office a Council member can serve. Effective date would be the municipal election of t978. 5. Shall the City Council proceed with plans for the cost estimate for the construction of a municipal auditor- ium. Final approval for construction shall be vested in the City's electors. He stated that he would like the Council members to digest the above and the Chair intends to ac~ on this. Mayor DeLong then requested anyone in the audience wishing to speak on any item on the Agenda to kindly step forward and give their name to the City Clerk, M_~s. Padgett, and when that item becomes the point of business, M~s. Padgett will call on the~. Introduction of Miss Boynton Beach Miss Bethany Ann Keller Presentation of Bouquet by Mayor Joe DeLong MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 16, 1976 Mayor DeLong congratulated Miss Keller and wished her wetl. He presented her with a bouauet as a token of appreciation. Miss Keller replied that sh~ hopes she represents Boynton Beach in the ~ Florida Contest very well, Mayor DeLong then congratulated the officers and members of the Boynton Beach Junior Women,s Club for the prestige and good public relations this pageant brings to the City. Agenda Additions ~. Kohl requested that the City Cooncit consider three reso- lutions from the Palm Beach County Municipal League. Also, a letter to be considered from Willi8~ R. Hough Company just before Legal. Mayor DeLong replied that the resolutions could be handled under Administrative with just acknowledging their receipt and instructions to the City Attorney. ~. Kohl con- tinued that another item under Legal would be a letter from M~. Reed regarding two liquor licenses. Under Approval of Bills~ a bill from GMC Truck and Sales. MINUTES Regular City Council Meeting - March 2~ 1976 Following the usual policy, Mayor DeLong started on his right ~md ~. Zack and Mr. Harmening passed. ~s. Jackson referred to Page 9, last line, referring to Rogerv Saberson,s name on the contract. She requested that it be added: "as an alternate or more clearly defined.~ She then referred to Page 13, five lines up, which should say: "jeopardize the revenue sharing' and the same on the next page instead of cigarette revenue should be revenue sharing. Mr. Strnad referred to Page 5, sixth line up from where ~s. Padgett took roll call, and stated that he would like to clarify that this did come before the Council and it was agreed to allow them to have this particular gr~at for their easement with a 3-2 vote with Mayor DeLong and he voting against it. M~vor DeLong replied that the records do re- flect this s_nd the previous minutes do verify this. M~yor DeLong referred to Page 1, five lines up, where he was talking about the past Mayors present ~ud it should be God,s speed in "their~, every endeavor. He then referred to Page 14, second paragraph halfway down on page, and it should state: ~'Mayor DeLong reolied that he has been in this busi- ness a long while and it-is impossible to increase the mill- age in order to acquire this amount of money to add a second story to the Police headquarters and to b~y the piece of land in question. It will require at least a 3 mill increase in the advalorem tax. This cannot be done~ it would appear, -2- MINUTES - ~GUL~a_R CITY COb~CZL ~ETING BOY~TON BEACH, FLORIDA M~RCH 16, ~976 without a referendum of the electors as this is a public pro- ject.'' He referredtto Page 15, four lines down, and requested that "them" be inserted instead of "it', He referred to Page 17, second line from too. and a~t~ ~ ~+ ~,~ ~. M~y~r DeLong.r~plme~ka~m2~Rsosuch as the seats would go ouL Ior compevi~ive hims." M~. Zack moved to accept the Minutes o~ Mmrch 2, 1976, as cor- rected, seconded by ~. Harmening. Motion carried 5-0. Special City Council Meeting -. March 8~ 197g Mrs. Jackson referred to being absent from this meeting and advised it was the first meeting she missed. She explained that she had a dental appointment and did not receive notifi- cation of the meeting until late Friday and was unable to contact the dentist to change the appointment. Mayor DeLong then called on theCounci! members for their comments and p~. Zack, ~h~. Strnad and M~yor DeLong stated they had nothing. M~. Zack moved to accept the Minutes of March 8, 1976, as presented, seconded by ~. £trnad. Motion carried 3-0 with ~. Harmening and M~s. Jackson abstaining. PU~IC AUDIENCE Mayor DeLong asked if anyone desired to speak to the Council and received no reply. B IDS NOh~ SBL~C HE~ ING NONE LEGAL Letter from William R. Hough Company M~. Kohl read the attached letter. Mayor DeLong referred to his conversations with Mr. Shepard being relative to the feel- ing of the City Council in going into the open market. He knows there was concern about this last year. Ee explained how they were trying to get the best deal oossible for the taxpayers. He announced that a motion wou~d be in order to instruct William R. Hough Company to proceed with the sale. M~. Reed suggested that this be subjectlto his review and approval along with the City Bond Council. -3- ~YI~JTES - REGULAR CZTY COUNCIL ~ETING BOYNTON BEACH, FLORIDA ~L~RCH 16, 1976 M~. Zack moved to instruct William R. Hough Company to pro- ceed with the sale of $3,900,000 revenue bonds, Series 1975B, contingent upon review and favorable reply from the City Attorney and Bonding Coo~cil. ~s. Jackson seconded the motion. No discussion. Motion carried 5-0. Ordinances - 2nd Reading - PUBLIC HE~MING Proposed Ordinance No. 76-9 - RE: Repealing Ordinance No. 199 in its Entirety, and Granting to Florida Power & Light Co., an Electric Franchise ~. Reed read proposed Ordinance No. 76-9 on second reading by caption only. Mayor DeLong asked if anyone present wished to spes_k in favor of this ordinance and received no response. He then asked if anyone opposed it and received no response. M~. S~_nad moved for the adoption of Ordinance No. 76-9 on second reading, seconded by ~s. Jackson. No discussmon. M~s. Padgett took a roll call Vote as follows: Motion Councilman Harmening - A~e Councilwoman Jackson Aye Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong &ye carried 5-0. Proposed Ordinance No. 76-1~ RE: Abolishing the Building, Electrical and Plumbing and Mechanical Examining Boards of Said City ~ud Greating, in Lieu Thereof, The Building Board of Adjustments and Appeals Mr. Reed read proposed Ordinance No. 76-1~ on secon8 reading by caption only. Mayor DeLong asked if anyone present wished to speak in favor of this ordinance and received no response. He then asked if anyone was opposed to this ordinance and received no response. Mm. Harmening moved for the adoption of Ordinance No. 76-11 on second and final reading, seconded by Mrs. Jackson. No discussion~ M~s. Padgett took a roll call vote as follows: Councilman Harmening - ~ye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Ms, or Zack - Aye Mayor DeLong - Aye 'M0'tion carried 5-0. -4- MINUTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA 976 Ordinances 1st Reading Proposed Ordinance No. 76-13 - _RE: Amending Ordinance 75-32 Which Amended Chapter 19 of Codified Ordinances as to Issuance of Parking Permits (Boynton Municipal Beach) ~. Reed read proDosed Or~_nance~ No. 76-13 on fm_s,'~ ~ reading in its entirety. M~. Harmening moved for the adoption of Ordinance No. 76-13 on first reading, seconded by ~r. Zack. Under discussion, M~. Strnad referred to the definitions and explained how there could possibly~be a conflict between resident and visitor. This was discussed and Ms. Reed cle~ified that if a person occupied living accomodations for less than six months, he would be entitled to a temporary decal; but if a guest svays longer than six months, he is entitled to a per- manent pass. A man from the audience then asked if he could give an opinion and Mayor ~eLong informed him that the public would be given an opportunity to speak at the second reading~ of the ordinance. ~s. Padgett then took a roll call vote as follows: Council~mn Harmening - ~ve Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 76-H - RE: Authorizing Execution of Contract with City of Delray Beach for Purchase of Undivided ~/2 Interest in Real Property to be Used as Site for South Central Regional Wastewater Treatment Plant .... TABLED ~. Reed read proposed Resolution No. 76-H. He suggested that with respect to the contract that their motion may in- clude his addition of the identifying clause of ~. Saberson's name as Delray Beach City Attorney as the e~crow holder. ~k~s. Jac~on moved to take this from the table, seconded by A~. Harmening. Motion carried 5-0. ~s. Oackson moved for the adoption of Resolution No. 76-H and included in the motion is that the proper authorities sign the agreement with the addition made by .~. Reed. ~. Harmening seconded the motion. ~.yor DeLon$ clarified that the agreement would be executed with the City Attorney of Delre~- Beach being in charge of the e~crow account. ~nder discussion, Mayor DeLong referred to this contract being dm-zerent ,han the original submitted and per their recuest at the last meeting, the contract now provides that Bo~nton -5- MINU~S - REGULAR CiTY COUNCIL ~ETING BOYNTON B~AC~_, FLORIDA Beach will receive all the interest. Mr. Harmening referred to their prelimir~ry discussions and how they had agreed then that if for some reason the olant should not be built, the land would revert to Delray ~each and the purchase price would be returned to Boynton Beach. He questioned if this should be included in the convract. Mr. Reed replied that he was sure it could be, even though the Delray Beach City Manager has already executed it there is no reason they have to accept it in the exact form. He added that he was not present ay these discussions and clarified that in the event for any reason the grant was not realized between the cities, the contract would be null and void and the money returned to Boynton Beach. M~. Harmening continued that in the event it should happen, he didn't think Boynton Beach wanted to have money invested in this l~d and he believes it should be included in the contract° Mayor DeLong stated that the City Attorney will be instructed to use this protection clause for the benefit of Boynvon Beach and M~. Reed agreed. ~. Strnad referred to consummating the deal and then possi- bly finding out in a few months that the gramt would not be forthcoming and asked about the interest then. Mr. Reed explained that the way the contract reads now that at the time the transaction is closed, they will receive whatever interest is generated on the $30,000; but after the trans- action is closed, the money will become Delray Beach's as they will be half owner in the property. ?~. Reed then asked what would happen if part of the grant did not come through and Mm. Harmening informed him that it would be up to Delray Beach and Boynton Beach to decide whether or not to go ahead with the ~lant. He adde~ that if the proper phrase was included, the plemt would or would not be built. Mr. Reed stated h~ would like some specific guidance of the clause they wanted added to the contract. If the plant is not built or the site is not used for the pl~mt, in that event, Boynton Beach's investment will be returned and the land will revert back to Delrsy Beach unless both parties agree otherwise. I~. Harmening pointed out that it should not be automatic ~ud questioned if they wanted to pass the resolution. M~¥or DeLong stated they would be passing it, contingent upon the e×~ension of the contract to include his suggestion. M~. Harmening stated that the sales contract must be amended and is part of the resolution. Mm~. Reed in- formed them if they give him specific instructions regarding the amendment, he believes it can be passed. ~s. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - ~-e -6- MI~TES - REGULAR CITY COUNCIL MEETI~G BOI~NTON BEECH, FLORIDA MARCH 16, ~976 Proposed Resolution No. 76-N- R~.~- Accepting Dedication of Tract l, Sutton Manor Subdivision by Hy-Lux Development Corporation Reed read proposed Resolution No. 76-N. Mr. Harmening moved for the adoption of Resolution No. 76-N, seconded by M~. Zack. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening Aye Councilwoman Jackson &ye Councilman Strnad ~ye Vice Mayor Zack - Aye Mayor DeLong &ye Motion carried 5-0. Proposed Resolution No. 76-0 - RE~ Directing City Engineer to Obtain Plans & Specifications and Cost~st~ma~es' ~ of Paving N. W. 7th Court from w ~. W. 4th Avenue to 200 feet North of N. W. 10th Avenue ~. Reed read proposed Resolution No. 76-0. Mr. Harmening moved for the adoption of Resolution No. 76-0, seconded by Mrs. Jackson. No discussion. Y~s. Padgett took a roll call vote as follows: Councilman Harmening ~je Councilwoman Jackson Aye Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Resolution No. 76-~ - RE: Directing C~ty Engineer to Obtain Plans & S~ecx~catzons and Cost Estimates of Paving S. E. 3rd Street from S. E. 2~t Avenue to S. E. 23rd ~ ~_venue Mr. Reed read proposed Resolution N~. 76-P. ~. Zack moved for the adoption of Resolution No. 76~P, seconded by ~. Harmeaing~ ~No discussion. ~s. Padgett took a roll call vote as ~o~lows: Councilman Harmening Aye Councilwoman gackson - Aye Councilman Strnad - ~ye Vice M~yor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. -7- M!~UTES - REGUL~_M CITY COUNCIL ME~TING B0¥NTON BEACH, FLORIDA M~RCH 16, 1 976 Other Letter from Mr. Reed regarding ~. Hans Schmidt's Liquor License Application Kohl read the attached letter from M~. Reed. M~s. Jackson moved to accept the recommendation of the City Attorney and forward a letter to ?~. Hsms Schmidt, 1403 N. W. 2nd _&venue, that unless he obtains the necessary State li- cense and submits proof, the City will revoke his license and also included in this motion is ~. Reed's recommendation for handling future applications. Mr. Harmening seconded the motion. No discussion. Motion carried 5-0. .Agreement Between City and Boynton Beach Boat Club M~. Kohl referred to having received a revised copy today, which was also given to the Boat Club and he requested to have this tabled. M~s. ~ackson moved to table this, seconded by F~. Harmening. Under discussion, M~. Strnad stated that before this agree- ment is made, he is not in favor of Section No. 3 on the second page. Mayor DeLong referred ~o this being tabled ~ud suggested that he consult with the City Memager or City At- torney regarding any alterations o~ amendments. Motion car- ried 5-0. OLD BUS ~SS Retention of ),~nicipal Court - Mayor Joe DeLong Mayor DeLong advised that the judge made a request asking permission to get together with the City Manager regarding the mailing of the copies of the resolution which was adopted to the members of the State Legislature. A motion will be in order to grant permission to the City Judge i~conjunction with the City Manager to send out copies of the resolution for retention of the Municipal Court. ~· £trnad moved that the request oft~e judge be honored to get together with the City Manager regarding the mailing of the resolution. ~. Zack seconded the motion. Under dis- cussion, £~ayor DeLong added that the judge would select a list of those to whom the copies will be sent. ~s. Jackson also explained how this was very important ~ud began in 1971. She thinks it behooves them to put pressure on the Legislature to bring the Municipal Courts back to the City. Motion car- ried 5-0. Sgc.ial Security , Mayor Joe DeLong Mayor DeLong requested that this be stricken from the Agenda and added that he has some data on this which he is going to turn over to the Vice Mayor. --8-- MINUTE£ - P~EGULAR CITY COUNCIL M~ETING BOYNTON BEACH~ FLORIDA ~RCH 16, 1976 Annexat~on - Mayor Joe DeLonM Mayor DeLong advised that for several years he has been re- questing the previous City Attorney to come up with some guidelines for the Planning & Zoning Board regarding annexa- tion. it has been apparent in reading the minutes of the Planning & Zoning Board meetings that whatever has been sub- mitted probably was not satisfactory and there seems to be an avenue open for additional information. He referred to the minutes and it being evident that quite a few members are in doubt as to how to proceed. He is asking for a motion that the present City Attorney be instructed to draft guide- l~ues for an annexation procedure to be followed by the Plan- ning & Zoning Board. Mm. Zack made a motion to instruct the City Attorney to draft the appropriate guidelines for the annexation procedure to be forwarded to the Plarming & Zoning Board as a guide. ~. Strnad seconded the motion. No discussion. Motion carried 5-0. Traffic Light - Mayor Joe DeLong Mayor DeLong informed the Council that a request had been made for a traffic light at N. W. 2nd Avenue and 01d Boynton Road. He told about surveying this situation with the City Me-nager ~ud they concluded that this is a dangerous inter- section. He believes ~,~. Eohl has a recommendation for one way traff2c entering a_ud leaving Old Boynton Road. ~. Kohl replied that he was following up on this. Mayor DeLong con- tinued that a motion would be in order to instruct the City Manager to have a survey conducted to meve_mmne~ ' ~ ' the necessity of this traffic light. ~s. Jack~on made the motion as requested and added that it may also be a good idea to have a traffic light at the fire station. She further explained how people could not get out of N. E. Ist Street and this may also be a problem for emer- gency vehicles. Mayor DeLong agreed that both could be taken under consideration. A member of the audience informed them that a traffic light was needed at Old Boynton Road and Congress Avenue. Mayor DeLong informed him that this was a County road. He ques- tioned if a request had been made for this intersection and B~. Kohl replied that he would have to check it. !~or DeLong replied that this would be incorporated into the motion. He clarified that the motion would be to have the City Manager make a study for a traffic light at 01d Boynton Road and N. W. 2nd Avenue, N. E. 2nd Avenue and 1st Street, and also check~hether or not a previous request had been made to the County for a traffic light at Old Boynton Road and Congress Avenue. Mr. Zack seconded the motion. Motion carried 5-0. -9- MI~JTES - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA M~RCH 16, 1976 I~r. Strnad then asked if any progress had been made for the traffic light he requested several months ago at S. W. 15th & ~dth St.? Y~. Kohl replied that he would checktthe letters to see if they have answered and what they are going to do and when. A member of the audience referred to N. Seacrest & 22nd bein~ a bad intersection and Mayor DeLong informed him that an order had been put in. Mr. Harmening pointed out that there was the possibility when t-95 was opened through here, it may take con- siderable traffic off Congress, Seacrest and U. S. I ~ad may alleviate the need for some of the traffic lights. P~yor DeLong pointed out that this was not true at N. E. 22nd Ave. He agreed they were installing lights all along when t-95 was opened. A member of the audience asked when a turning arrow would be installed at 15th & U. S. 1 and Mayor DeLong informed him that the City Manager has made repeated requests ~o try to expedite this. He explained how there was a backloEg of several years' work. A member of the audience referred to the situation at Seacrest & Hypoluxo and Mayor DeLong informed him that he got in touch with County Commissioner Bill Medten about this and the County must install it. He added that they have also been waiting months for installation of street lights. Mr. Zack referred to a survey being made some time ago at 804 & Leisureville Blvd. and a traffic light not being necessary a~ that time. However, with the increased traffic, he believes another survey should be made within a year and hopes this has not been forgotten. Council Policy - Vice Mayor Joseoh F. Zack ~. Zack svated that he has been on this Council for about three months and can no longer observe the actions and remain silent. Five of those here were elected by the people as a body to pro- ceed with all matters for the improvement or betterment of our citizens and community, instead, i~ seems most of the time things have become personal with nitpicking and muckraking ges- tures which have been taking place almost continuously by our Councilwoman. The wasted time of various department heads and City Manager about the fire hydrant charge, which amounted to nothing more than a wasve of time; the Central File episode; the opposition to our ordinance pertaining to the discontinuance of our Engineering Dept. being allowed to make deals for ease- ments without Council approval; the teleohone call to Tallahassee is in effect a desperate attempt to bypass the official and legal action of the City Council members; the request for an itemiza- tion of all expenditures from the first of the year, which can readily be found by any Council oerson on their own time without disrupting an administrative dep~rtment and taking up their val- uable time from their daily work. On the above mentioned items, ~he thinks he has made himself clear. -lO- MINUTES - REGULAR CITY COUNCi~ MEETING BOYNTON BEACH, FLORIDA M~&RCH t 6, 1 976 Mr. Zacktthen made a motion to prohibit any member of the Council in the future to make any further inquiries without Council,s permission to do so. ME. Strnad seconded the motion. Mayor DeLong clarified that it had been moved and seconded to prohibit the bypass of the official actions of the City Coun- cil and matters ofiimportance are not to be ts_ken up by any individual member of the City Council and furthermore, he would also say that during this administration there will be no polling of the Council. EVery piece or any item 0~ offi- cial business of this City will be t~dmen care of at a regula~ or special meeting of the City Council. They will stop this s~uff of polling and also stop the stuff of individual members seeking and burrowing for information, which as he can see is not gomng to be beneficial for the City. Under discussion, M~s. Jackson informed them that as far as the fire hydrants were concerned, it was to bring money into the City amd was under the bonding agreement. She was trying to get information. She did ask the City Manager whether she could go to the Department Heads. She was elected by the people and still is 1/5 of the Council. She has the right to get information and so ~o_~aDy ~rson on ~he s~e~t, She h~go~ng to continue to/m-c-~~ ~f sne ~e~_~a~in doing a-r~ homework. She has been on the City Council ~onger than P.2,Mins. anyone else in this room and has attended more meetings than Of 4/6/76 e=s~ and she ms not going to be stopped by a simple anyone ~ ~ motion. She is not stopping, but will continue to try to find out background information. h~yor DeLong advised that they were governed by the City Council-City Manager form of government. ~s. Jackson agreed. Mayor DeLong continued that he believed she was the greatest violator of this. He referred to her reading a nre'oared statement last year attacking him for things he ~as~not guilty of and did the same this year. She is not the Chairman of this Co~mcil this year and even though she pushed the buttons last year, she will not do it this year. He stated that ~s. Jackson and everybody else on the City Council is going to accept and abide by the majority rule. That does not mean bypassing this City Council and phoning Tallahassee in an attempt to embarrass this City Council. ~. Zack added that in regards to the fire hydrants, as far as the core, unity was~concerned, it was a waste of time. ~rs. Jackson replied that it had nothing to do with Leisureville and she was trying vo find out about the bonding agreement. Mr. Zack s~ated that if this was the case, it was not clee~ in their minds. He also discussed this with the City ~nager aud Utilities Director. Mayor DeLong stated that he believed the point had been made and it is definite. -11- MINUTES - REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA ~RCH 16, 1976 P~. Harmening asked to continue the discussion and stated that he was under the impression that this was an information gathering body and if information was required pertaining to iten~ on the agenda, that this information could be obtained from City Hall or any place in the City, State, or Nation where it was available. In addition, any record or informa- tion that is available to the City, he would hope would also be available to the Council men~Oers and to any member of the public. To attempt or abridge any individual-in this manner is a violation. Mayor DeLong replied that when you are a member of the City Council, you must abide by the majority rule. M~. Harmening replied that if the matter came to a vote, he is sure the majority vote will carry. Mayor DeLong stated that they weren't to go outside the official actions of the majority of the City Council and try to seek informa- tion relative to the actions previously taken. They work through the City Manager. Mr. Harmening continued that on the other hand, if this Co,unsil acted in haste or was ill- informed ~ud they acted in such a manner that their actions were not in the best interest of the City or were not legal, he thinks it would be incumbent upon any member of the City Council to seek out the truth of the matter. M~yor DeLong agreed and added that there has never been one instance since he has been a memJoer of this Council where any shadow of a doubt remained as to the official actions of this Council. He continued that there has always been a continued susnicion and all that he has heard for years is that everybody i~ the City are crooks and there is this continued looking under the rocks, under the furniture, into the closets, etc. for some skeleton to try to hang somebody. If more time was spent trying to do things of a constructive nature, they would be further advanced than what they are. He noticed M~. Jackson laughing and referred to him being the fellow who said that everybody in the City was a crook outside of him and me. This is the old psychology to use - they put the spotlight on everybody else to ~ke you think they s~e the ~oody-goodies. Mr. Harmening then continued that it seemed to him they were trying to compare something like oranges and tangerines. There is a similarity in what has been said, but he certainly doesn,t ~uestion the actions of the Council or the majority yore; but on the other hauud, there have been ~y times when some of the actions might be open to question. M~yor DeLong replie~ that the fence and lateral were open to question, but there should have been an investigation. Mayor DeLong then requested a roll call vote on the motion and ~s. Padgett took it as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - Yes Vice Mayor Zack - Yes M~yor DeLong Yes Motion carried 3-2. -12- MINUTES - REGULAR~ CITY COUNC~ MEETING BOYI~TON BEACH, FLORIDA ~ ~ 1976 ~R~H 16 , Other Mr. Strnad referred to being under Old Business and asked about the legal opinion requested by Mrs. Jackson at the last City Co~cil meeting concerning a 2/3's vote. M~. Reed re- plied that he read the provisions, but was informed by the City Manager that the matter would not be on the agenda and ne does not have a written opinion prepared. ~-~s. Jackson informed them that she had asked to have it taken off the agenda as she read Roberts Rules of Order and was satisfied after reading this. ~W BU~ ~ Consider Appointmenvs of Members to the Board of Adjustments and Appeals Mayor DeLong declared nominations open. ~. Reed informed them that five regular members and two alternates were re- quired. Also, the ordinance provides that two will serve for three years, two for two years, and one for one year, and the alternates will serve for two years. ~. Kohl read Ordinance No. 76-1~ for further clarification. ~. Zack re- ferred to ~. Howell informing him that one man would serve for three years, two for two years and two for one year, which is according to Stave Statute. M~. Reed agreed that the Southern Standard Building Code did provide this and also only a five member board. M~. Kohl added that this could be changed by the City Council. M~s. Padgett clarified that the ordinance stated one member for one year, two for two years, vwo for three years and the two alternates for two years. Mayor DeLong again declared the nominations open and announced they would use the same system for nominating as they did previously. ~s. Jack~on asked if the members had to be registered architects or con~ractors and Mr. Reed read the section of the ordinance pertaining to same in reply. Mayor DeLong clarified t~t they did not have vobs registered in the Stateoof Florida and Mm. Reed agreed and added that it was also not svipulated that there must be a certain number of each. The members then proceedsd with the nominations ~ud Harmening, ~s. Jackson and ~. Strnad passed. ~'~, Zack stated that the Building Official would be the Secretary and nominated the following members: Arthur Williams, Engineer, 3 Zr. Term Roberv Alan Black, Architect, 3 Yr. Term Arthur J. Pettit, Caroenter, 2 Yr. Term Robert Olenik, Plumbe~, 1 Yr. Term Stephen Kochakian, Electrician, 2 Yr. Term Morton Levine, Electrician, 2 Yr. Alternate Term Harry Eindbeiter~ Plumber, 2 Yr. &lternate Term -13- MINUTES - REGULAR CITY COD~'CIL ~ETING BOYNTON BEACH, FLORIDA M~CH 16, 1976 Mayor DeLong then announced that the Chair would accept a motion that the nominations be closed and Mr. Strnad moved, seconded by M~s. Jackson. Motion carried 5-0. Mayor DeLong stated that in view of the fact there are only these nominees presented by Vice Mayor Zack, a motion will be in order to appoint the entire slate as submitted. ~. Strnad moved, seconded by M~. Zack. No discussion. Mrs. Padgett then took a roll call vote as follows: Motion Councilman Harmening - Aye Councilwoman ~ackson - Aye Counciln~n Strnad - Aye Vice Mayor Zack - ~ve Mayor DeLong - ~e carried 5-0. Mayor DeLong then requested M~s. Padgett to notify those who: have been appointed and the date for the organizational meet- ing, ten days after the ordinance becomes effective. ADMINISTRATIVE Correspondence - Bethesda Memorial Hosoitai - Request for ~elicopter Pad ~ ~. Kohl read the following letter dated January 28, 1976, from Robert B. Hill, Assistant Ammmn_strator, of Bethesda Memorial Hospital: ~'Bethesda Memorial Hospital has had an area designated for helicopters to land on the Hospital property for as long as the Hospital has been in existence. The purpose for the landing area is to have the capability for helicopters to transport patients and materials to and from the hospital in emergency or critical situations. As of the past several years, the State,of Florida re- quires all landing facilities to be license~. They have for- warded us the necessary application to comolete and several of their requirements are responsible for ~his correspondence. The law requires that '~the applicant for site aporova! must show evidence of compliance with municipal (city-or county) ' ' ,~ , zon~ngrequlrements., Tnerefore~ I would like to re- quest such a statement from you or whatever department within the City you deem responsible for such a reply. Another requirement is to supply a ~ac~lmty diagram in the xo_m of a Geodetic Map oftthe area. I understand that the City has such and I would like to request a copy of the Hospitaiaand its surrounding ~000 feet i~ available. -14- ~NUTE£ - REGULAR CITY COUNCIL ~ETING M_~CH 16, t 976 B0¥NTON BEACH, FLORIDA Your mmmediate attention to these matters would be greatly appreciated. If you need further information, please contact me." Mr. Kohl added that he does have the geodetic map and he feels this request has merit as it certainly would be life saving if they were able to transport emergency cases to the hospital via helicopter. Mayor DeLong referred to his state- meat of it having merit and asked if he recor~ended approval and Mr. Kohl replied: yes. Mrs. Jackson moved to accept the recommendation of the City Manager and grant the request ~for a helicopter pad at Bethesda Memorial Hospital. ~. Harmening seconded the motion. No discussion. Motion carried 5-0. Consider Supplemental Agreement to Russell & Axon Engineering Contract to Include EPA Access to Records Statement Mr. Kohl informed the Council that copie~are on file of correspondence from Russell & Axon and the supplemental agreement No. 3 to which they refer, both of which are self- expl~uatory. This has been forwarded to the City Attorney, who approves of this supplement as to form an~ content. He requesvs approval to execute this agreement as indicated. M~. Harmening moved that the proper people be authorized to execute the contract for the supplemental agreement to Russell and Axon .to mnclude EPA access to records statement. Zack seconded the motion. Mayor DeLong clarified this was to approve the execution of the agreement. No discussion. Motibn carried 5-0. Discuss Utility Relocations on South 15th Avenue ~. Kohl stated that during budget sessions he advised Council that there was a possibility of the above project being started sometime in 1976. However, at that time, they had no confirma- tion from the County and therefore did not set aside the anti- cipated monies for this projecv. M~. Perry Cessna, the Utilities Director, informed him that the City is responsible for relocation of utilities, as they are in the County right- of-way. He checked this with the County Attorney also. To most efficiently relocate the involved utilities and meet design criteria for future distribution system requirements,' the following is necessary: (a) Abandon the existing ~0~ asbestos cement line from 1-95 to the east side of U. S. #1. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~£~RCH t6, 1976 Replace from Seacrest Boulevard to the east side of U. $. #1 with 20'~, 30" and 16" cast iron pipe under bid item for the road project. Estimated cost is approximately $103,000. (c) Install under City bid as prepared by Russell & Exon one (1) 16" line from Seacrest westward to 3rd Street S. W. on 23rd Avenue, interconnecting with the existing 10" line at that ooint. Esti- mated cost is approximately $28,000-to $30,000. The above has been thoroughly reviewed by ~.~. Joe Swan and Mr. Milton Hallman of Russell & Axon; Mr. Thomas E, Clark and ~. William Flushing of the Engineering Staff; and Perry A. Cessna, Director of Utilities. They all concu~ that this is the prooer way to go. He concurs and would like Council,s approval inasmuch aa the County is most ar_x- ious to be~$ this project. Mmyor DeLong added that he did not believe this was a budgetary item sm, ad should come from the Utility General Fund and R & R Fund. Mayor DeLong then announced that the Chair would accept a motion to approve t~e ~ ~ ~' ~ ecommenma~mon of the City Manager for the utilities relocation on South 15th Avenue. ~sHar- · azfi~ so mo~ed, seconded by M~s. Jackson. ~o discussion. Motion carriea 5-0. Receipt of Correspondence - Village of Tequesta - Endorsing Activities of Urban League of Palm Beach County M~. Kohl referred to a resolution forwarded by the Village of Tequesta and asked if the City of Boynton Beach desired such a resolution. ~4r. Harmening replied that he was not in favor of it. ~s. Jackson reolied that she has read the resolution, bu~ doesn't see the necSssity for it with the Civil Rights Law and all that they have. Mayor DeLong questioned if it had merit or would benefit the City and ~. Eohl reolied that they are doing these things. Mayor DeLong suggeste~ disposing of ~. ~ ~s. Jackson moved to strike this corresoondence receipt from the Village of Tequesta endorsing the ac%ivities of the Urban League of Palm Beach County. Mm~. Harmening seconded the motion. No discussion. Motion carried 5-0. Receiot of Annual ~ ' z_nancmal Report for Fiscal Tear ended September 30, 1975 M~. Reed read the following letter dated February 20, 1976, from Callaway, Carpenter, May & Company: '~We ha3~e completed our examination of the City of Boynton Beach~s f~nancial statements for the fiscal year en~8~ Septem- ber 30, 1975, and issued our opinion in respect to these statements as contained in the published report. -16- MIh~TES - REGULAR CITY COUNCIL ME, ETING BOYNTON BEACH, FLORIDA M~RCH 16, 1976 During the course of our e×amination, we noted many im- provements in the financial recordkeeping and reporting pro- cedures which we feel should be reported to management as an intangible asset of the City. As evidenced by the earlier issuance of the annual reDort in comparison to prior years, the Finance Department close~ the books at year-end and orepared the City's financial state- ments for our audit in an Sfficient and timely manner. This efficiency on the part of City personnel alleviated our firm,s participation in nonaudit orocedures and thereby reduced the City's auditing costs from-the amount estimated in our engage- ment letter. This was accomplished while improving and ex- panding the annual report to more fully disclose the financial activities of the City to the city govennment, management and other users of the report. During the past two years, the financial statements of the City have been improved to such an extent that ~. Kribs, with our concurrence, plans to submit the 1974/75 annual re- port to the Municipal Finauce Officers, Association of the United States and Canada for consideration in obtaining the ~'Certificate of Conformance" issued by that organization. This prestigious certificate has only been issued to 380 governmental units, including states, countries, cities, housing authorities ~ud special taxing districts, as of Ja~n- uary 27~ 1976. The certificate is issued as recognition that the annual financial report of a governmental unit substan- tially conforms to the principles and standards of public financial reporting as promulgated by the Municipal Finance Officers' Association and the National Con~ittee on Govern- mental Accounting. After several discussions with officials of the Municioal Finance Officers' Association, we feel that the City of B~ynton Beach will be seriously considered for this award and this represents a singular achievement in the City's ~' ~ - · mnanc_al affairs? Me. or DeLong entertained a motion to receive and place on file the ~nnual Financial ~eport for the Fiscal Year ended September 30, ~975, from the City Auditors and also spread upon the minutes the communication received with the audit report. Mrs. Jackson so moved, seconded by ?~. Zack. No discussion. Motion carried 5-0. Request for E ~ensmon of Retirement - M~. Edward Ott, Building D_~epartment M~yor DeLong announced that w Kohl requested that this be tabled. Mrs. Jackson moved to table this, seconded by Harmen~ng. Motion carried 5-0. -17- MI~JTES - REGULAR CITY COUNCIL ~ETING BO~TON BEACH, FLORIDA M~&RCH t6, 1976 Other Mayor DeLong referred to a group of gentlemen being present ali evening in regards to receiving permission for some equip-. ment. Ms. Kohl informed the Council that the Fire Department has some old coats which were replaced with new ones. These people would l~e to have ten for presentation to somebody amd they do have ten additional. Mayor DeLong clarified that the V.F.W. wanted to repair them and send them to their national home and Mr. Kohl added that they could not sell them. Mayor DeLong entertained a motion to grant approval to the City Manager to turn over these ten jackets, old style, obse- lete and excess, to the V.F.W. Mr. Harmening so moved, seconded by Mrs. Jackson. Motion carried 5-0. Mayor DeLong then ac~owtedged the presence of Mr. T~ ~m Madigan, Former District Commander of the V.F.W. ~. Madigan appeared before the Council and thanked them for these bunker coats. He explained that they would be sent to their V.F.W. National Home· He further explained that this is where the orphans of deceased veterans live and are fully educated. They have their own fire department there and saved 50,000 Betty Crocker cou- pons to gev their fire apparavus. These coats will be more than appreciated. Aporovai of Bills M~. Kohl rea~ the following bills for approval: Mako Engineering Co. Compressor For brea~hing tank Pay from budgeted funds 020-820 Bid of February i0~ 1976 2,213.00 2. Ada~ Chevrolet Co. 5,189.00 1976 Pick-up truck Pay from budgeted funds 030-901.50 Bid of November 24, 1975 3 ~a_la~y~ ~ar~en~r, May & Co. 9,~62.00 Professional services on audit year ending 9/30/75 Pay from budgeted funds 001-830.21 020-825.00 o3o-2o5, oo 030-2t2.00 030-215~00 030-802.21 for fiscal $5,471.00 302,00 218.24 768.00 277.76 2,325.00 4. ~a~m Beach Junior College 330.00 Registration for ~1 officers Pay from Police Education Fund 001-507 Ordinance #74-38, Section 2-10, l(b) -18- MINUTES REGULAR C~T_~ V COUNCIL ~ETING BO~ITON BEACH, FLORIDA MARCH 16, 1976 Cynthia Lewis Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Funds 020-880 Ordinance #73-15 passed 5/15/73 Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Funds 020-880 Ordinance #73-15 passed 5/15/73 Russell & Axon Inv. #23 6858-4-III-CP Upgrading existing Wast.water Treatment Facilities Pay from Atlantic National Bank 1974 Issue Authorization dated 11/20/73 8. Russell & ~xon Inv. #9 6858-4A-II-CPS South Central Regional Lift Stations and Force Mains PaY from Utility General Fund Refundable from future bond Issues 75% EPA Reimbursable Authorization dated 11,/71 9. Russell & Axon !nv. #1 6858-20-I Preparation of ussr charge and industrial cost recovery system Pay from Utility General Fund Refundable from future bond issues Authorization dated 2/5/76 10. 1t. 12. Russell & Axon Inv. #1 6858-23-CP Technical support for defense of Case No. 75-4726-CA Pratt vs. City of Boynton Beach Pay from Water & Sewer Revenue Fund 030-801.40 Subject to transfer from Contingency Authorization dated 1/20/76 Russell & Axon Inv. #1 7~60-2-II Revision of plans and specs for a solids recovery system Pay from Utility General Fund Refundable from future bond issues Authorization dated 2/5/76 Keene COr~, Parts for No. I pump at ~wik Chek Lift Station Pay from budgeted funds 030-921.28 Approved by City Manager 1/15/76 GMC Truck and Sales Two scow body trash trucks Bid 12/8/75. Council approved and funds budgeted. -19- 96. O0 90.00 2,i68.87 35,698.88 6,475.00 4,307.15 1,500.00 ,195.00 19,722.00 MI~JTES - REGULAR CITY COUNCIL M~ETING BOV_NTON BEACH, FLORIDA M~RCH 16, 1976 Mr. Kohl noted that the bills described have been approved and verified by the dspartment heads involved; checked and approved for payment by the Finance Directorl funds are available in their respective budgets; ~ud he recommends payment of these bills. P~s. Jackson moved to pay the bills, seconded by Mr. Harmening. Under discussion, ~. Strnad questioned No. 9 and Mr. Hal!man explained that the oreparation of the user charge is required by EPA in the waste~ater treatment plant. It is 75% EPA reimbursable at the time of completion and is required by EPA. M~. Strnad ~sked if it was okay to have it refundable from future bond issues and Mayor DeLong replied: yes, it is the procedure. M~. Hal!man continued with advising that they have completed 357~ and have not billed the City for the total amount. Motion carried 5-0. 0 uher ~s. Jackson requested Vice Mayor Zack to read the bonding agreement to see why she was worried about the fire hydrants. C~ y. M~r. Zack replied She was doing it for the good of the ~t that he understands and went through this, but there was time wasted. Mrs. 0ackson pointed out that money was lost over a period of years. M~~. Strnad referred to several requests from residents in Chapel Hill and he thinks this requires some attention before the next Coo~cil meeting. He referred to the taking down of a stop sign. He informed them that he has had several requests asking that it be put back up, but also received requests for the opposite. He would like to ask the City Manager to write ~e~e~s to the people who contacted him originally s~ad ask them to see what they want and let them decide. Mr. Reed informed the Couhcil members that on the water soften- ing case, a hearing has been set for April 26 on their motion for su~ry judgement. He is sure copies attached to the affidavit are on file with the City M~nager and they may re- M' ~ ~s~ te'~.~th~Council memoe_s did view them. ~ ~0 8 - ~ ~ ~ receive the letter: but he kept the file. Mayor DeLong re- marked that it was thoughtful on the part of the City Attorney to make this a matter of public record. M~. Zack _exezred to vacancies to be filled on the various Boards and Mayor DeLong suogestem leaving them go until the next meeting. Adjournment M~~. Harmening moved to adjourn, seconded by ~s. Jackson. Motion carried 5-0 and the meeting was properly adjourned at 9:40 P. M. -20- MINUTES REGUI~&R CiTY COUNCIL BOYNTON BEACR, FLORIDA ~ETING M ~ ~R~H 16, ~ 976 ATTEST.- CIT~ OF B0¥NTON BEACH, FLORIDA ~Y VmSe~ Mayor Council 7tuber ~/~nc i! Member City Clerk Respectfully submitted, Suzanne Kruse Recording Secretary (Three Tapes) Honorable Joe DaLong,~layor and Members of the City Co%racil City of Boynton Beach Boynton Beach, Fla. 33435 }~rch 15, RE: $3,900,000 Water and Sewer Revenue Bonds, Series 1975B Dear Mayor DeLong and Members of the Council: This letter will confirm the status of the proposed $3,900,000 bond issue a~d' follows conversations I had with Mayor DeLong on February 25, 1976 when I delivered a copy of Moody's Bond Survey to the City Hall for members of the Council, Fir. Kohl and Mr. Kribs. Pursuant to our Agreement with the City, we have been ~orkiug on this issue amd have ~ompleted the Official Statement and the rating and insurance work desirable fo~ the marketing of the bonds in the most efficient manner. You sho~td have received a copy of the Official Statemeut earlier, but to be ~ure that you have one readily at hand, t am enclosing 9 copies to be distributedwith this letter. The bonds have b~en rated "A" by Standard & Poor's and '~" by Moody's, and we have obtained a~ insurance commitment for the loan from b~IA. Confirming my conversation with the Mayor~ it is proposed that we proceed to have a public sale of these bonds at the earliest possible date. I have attached to this letter a proposed Notice of Sale. We suggest that the Notice of Sm/e call for receipt of bids at 1:00. p.m. EST on the 29th of March. We also suggest that ' the Notice of Sale be published in the Daily Bond Buyer of ~ew York on the 18th of March. If this plan of action meets with your approval, we request that we be directed to proceed with the sale at your Council meeting March 16th. Om the same date that the Notice of Sale is published in the Bond Buyer We ~,rill make a dis i . . . , broad tr~butmon of the OfflcmaI Statement to prospective bidders, banks~institutio~al investors and brokerage firms who are interested in bonds of this nature. The bond market continues to be reasonably good from the view point of the City, and we would expect that a favorable interest rate on the new loan would be obtained. If you have any questions regarding this matter~ please feel free to ~ive me a call. Either I or a member of our firm will be at your meeting tomorrow night, }~rch t6th, to answer any questions you may have. -~ ACS:gk Sincerely, WILLL~'~I R. HOUGH_& CO. .--~-. . / ~ -~' . Atfred~. Shepard ' / · ~ DRAFT .-,March 15. 1976 OF~FliJi/kL NOTICE O~' SALE $3,900. 000 CITY OF BOYNTON BEACH, FLORIDA WATEK & SEWER REVENUE BONDS. SERIES 1975B Sealed bids %vill be received by the City Council of the City of Boyaton Beach, Flor/da, at its regular place of meeting in the City Council Chambers, Boyaton Beach City Hall, atl20 N.E. 2nd Avenue, Boy. on Beach. Florida 33435. v_afil 1:00 P.M.. E.S.T. on March 29, 1976, at which time and place ali bids will be publicly opened and read for the purchase of $3,900,000 Water and Sewer Revenue Bonds, Series 1975B, of such City, dated February 1, 1975. The Bends will mature in numerical order, lowest numbers /irst, on Fetr~ua~y i in the years and amounts as follows: Year Amount 1978 $ 40, 000 1979 ' 45,000 1980 50,000 1981 55,000 1982 60, 000 1983 65,000 1984 65,000 1985 70, 000 1986 80, 000 1987 85,000 1988 90, 000 1989 95,000 1990 105,000 1991 110, 000 ' Year Amount 1992 ~ $120,000 1993 I30,000 1994 140.000 1995 150.000 1996- 160,000 1997 175,000 1998 185,000 1999 200, O00 2000 215.000 2001 230,000 2002 250,000 200~ 270,000 2004 290,000 2005 370.000 The Bends being sold at this time shall be dated February 1, 19751 shall be nunfaered consecutively from one upward; shall be in $5,000 denominations; shall bear intergst payable semi-annually on February 1 and August i of each year; and shall be payable as to both principal and interest at a bank to be determined by the City prior to delivery of the Bends. These Bonds are to be issued by the City of Boynton IJeach. Florida. pursuant to the City Charter, and Chapter 166, Part II. Florida Statutes. amd Resolution 7SA duly adopted by the City on Jamaary 6, 1975. The Bonds were validated by a judgment of the Circuit Couzt of the Fifteenth Judicial Circuit of Palm Beach Co, tory on February 27. 1975. The Bo~ls are heiugissued to f~nance the construction ~f additions, extensions and Xmprovemem~s to the existing Water and Sewer System of the City of Boy ran Beach, Florida. The Bonds and the coupons appertaining thereto are p.ayahle solely from and secured .: by a lien upon and an ix~evocable pledge of the net revenues derived from the operation of the Water and Sewer System and are secured equally and ratably w~th the following issues: the OUtstanding bonds of an issue of $6,000,000 Refundiug anct Improvemaut Revenue Bonds. Series 1964; the outstanding bonds of an issue of $800. 000 Water and Sewer Revenue Bonds, Series 1969; with $1, 000, 000 ontsta~rt~,g 53/nter and Sewer Revenue Bonds, Series 1971; with the outstamrl~ng bonds of an issue of $2,050.000 Water and Sewer Revenue Bonds, Series 1974; and %vith $2,600,000 Water and Sewer Revenue Bonds. Series 1975A, sold in Sune, 1975. The.obligations of this issue maturing in the years 1978 to 1986. inclusive, shall not be redeemable prior to maturity. The obligations maturing in the years I987 tO inclusive, shall be ~edeemable on or after February 1. t986 at the option of the issuez. in whole on any date, and in part on any interest payment date~ in the inverse order of ' their maturities; and if less than all of the obligations of any one maturity shall be called for redemption, then the particular obligations to be redeemed shall be selected by lot. at the principal amount of the obligations to be redeemed plus accrued Luterest to the date fixed for redemption, plus a premium of one-fourth of one per cen~m (1/4 of 1~o) of the par value thereof for each one year period, or fractin~ thereof from the date fixed for redemption to the stated date of matuIity' o£ the obiioo~tions so called for redemption; such premium, however, not to exceed three per centun% (S~0) of the par value thereof. In the opinion of bend counsel for the City from all present Federal income taxes under exi~g l~ws. . the interest o~ the Bonds v~ ~ ex~mpt -- The City of Boynton Beach has received a commitment from the M,r~cipal Eond insurance Associntion (MBIA) for a t~,m~cipal Bond Guaranty Insm:auce Policy uncondi~io.~]ly and. Lrrevocably guaranteeing payment of interest on and priucipal of the Bonds.'~ Issuance of any such policy will be at the option of the bidder offe~ingto troy the bonds. Such bidder shall designate iu the appropriate place on the bid fozm~ whethe~ or not such insurance is desired. Should a bidder specify that the City shall purch%s, e inSUrance from MBIA, pr~minm will be paid by the Cit~ from the proceeds of the Bonds. '- Each proposal must name the rate or rates of interest, not exceeding Seven and. one-half per centum (7.50%) par annum in multiples of I/8 or 1/20 of lZ which the Bonds are to bear. No rate named may be lower than any preceding named rate. Bidders willbe permitted to name an unlimited m,,mher of different ra~es of interest; provided that all Bonds maturing on the same date must bear interest at the same rate, and no zero rate or blank rate or split rates will he permitted. The interest becoming due on each interest payment date must be evidenced by ~ single coupon. No bid for less than all of the Bonds offered will he considered, No bid for less than ninety-eight and one-half per centum (98.50%) of the Par value of the Bonds shall be considered. -3- The Bonds will-ha awarded on the basis of the lowest "true or Camadiam imterest cost". Such cost will be computed from January l, 1976 to the respective stated maturity dates of the Bonds, shall include the amount of discount named, and shall include for comparative purposes only (as though it were additional bond discount although it should not be included in the actual price bi~) the cost of the - insurance premium of $. to be paid by the City of Boynton Beach for the purchase of the Municipal Bond Guaranty Insurance Policy~ if such t~li~y Ss requested by the bidder in the appropriate place on the bid form. The cost of the MBIA insurance premium shall not be constr~e~ to be part of the allo~able 1-1/2% discoimt~ but shall be added to such disco~t, for co~arati~ only, ~ calculating the '~true or Canadi~ ~terest eos~." ' ~e success~ ~r sh~ ha~ ~e follo~g o~on to ~ e~r~s~ ~ %~ no~c~on to the City of Boynton Beach, Florida w/tbi~ ~ve ~) days after the award of the Bonds: To recommend a bank or banks to issue cerWf/cates of depo~ representing the _ balance required to be deposited/n the Reserve Account in the $~kiug Fund as required and in the ConstrucTion ~un~, such Cerebrates 'of Deposit to mature~ for the Reserve Account on .May 1, 1986, a~d fc~ th~ Constract/on ~'und, on a schedule which w/il result in funds ]~ing ava~_l&bl~ to meet th~ construct/on con- - tractor's payments when due, and such Ce,~cate$ of Deposi~ shall be f~Uy collateral/zed as provided by Florida Law and shall bea~/ntexest at rates at least equal to the rates available from U. S. Gove~v~ent obi/gat/ohs of compa- table matUri~es avaJ/able on the date following the date of acceptance of the proposal of the successftfl bidder. -4- Each bid must be uncondi~onal and submitted on a £ozm to be furnished by the muder - signed, must be enclosed in a sealed envelope marked "Bid for $3,900,000 City of Boynton Beach, Florida, Water and Sewer Revenue Bonds, Series 1975B", and must be accompanied by certified or bank cashier's check upon an incorporated bank or trust company in the mount of $78,000 payable unconditionally to the order of the City of Boynton Beach, Florida as a good faith deposit. No interest will be paid on good faith deposits. The checks of the unsuccessful bidders will be returned upon the award of the Bends. The check of the successful bidder will be held uncashed as security for the bid, bu~ in the event that the successful bidder shall fait to comply with the terms of his bid, the check may then be cashed and the proceeds thereof retained as and fora fall liquidated damages. The good faith deposit of the successful bidder will be applied as part payment of the purchase price of the Bends. Any check for the balance of the purchase price must also be a certified or bamk cashier's check payable unconditionally to the order of the City of Boynton Beach, Florida. Delivery of and payment for the Bonds in definitive form will be made on or about May 1; 1976 in New York, New York, or such other place mutually agreeable to the successful bidder and the City of Beynton Beach, Florida. Payment is to be made in New York Clearing House or local funds, depending upon the place of closing~ The unqualifie( approving opinion of Messrs. Freeman, Richardson, Watson, Slade, McCarthy & Kelly~ Jacksonville, Florida, ~vilt be furnished without cost to the p~rchasers of the Bonds o There will also be furnished the usual closing papers, including a certificate stating that there is no litigation pending c~c tb:ceatened affecting the validity of the Bonds o -5- · he Bonds have beem validated by a judgraent of the' Circuft Coua:t in and for. l~alm Beach County, and the time fo]: lTl/rog an appeal on that judgment bas expired. Prior to the sale of the Bonds, any party interested in submitting a proposal %rill he furnished limited quanti~es of the Of~cial Statement, including the fora of Notice of Hou~ a Co., S~te ~01, ~01 senm Ros~d ~ven~e, C~o~ mo~i~' ~0~. in the proposals is reserved. The rig_hr to reject any and aL1 proposals and to vcalve amyirregulazities or fo~,aliti~s CITY OF BOYlkr'rON BEACH 3oe DeLong - . -6- PROPOSAL FOR THE PURCHASE OF $3,900,000 CITY OF BOYNTON BEACH, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1975B ,1976 Honorable Mayor and Members of the City Comucil of Bo)uxton Beach. Boynton Beack, Florida Gentlemen: For Three Million Nine Hundred Thousand Dollars ($3. 900. 000) pax: value. City of Bo~nton Beach. Flozida. Water and Sewer Revenue Bonds. Series 1975B. dated Feb~ua~r 1, 1975, described in tt~ attached Notice of Sale. which is hereby made a parc of this bid. a~d for all bat not less than all of said bonds, with interest rates per m~m~m on said bonds maZu~ing Fabrua.t~ 1 in the years and amounts as follows: Year Amount Rate Year Amou~ Rate Year Amount 1978 ..:-~$.40,.000 % 1988 $ 90,000 % 1998 $ 185,000 1979 45,000 1989 95. 000 1999 200, 000 1980 50, 000 1990 105,000 -' ~:, 2000 215,000 1981 55,000 1991 110, 000 2001 230, 000 1982 60, 000 1992 120, 000 2002 250, 000 1983 65,000 1993 130, 000 2003 270, 000 1984 65,000 1994 140, 000 2004 290, 000 1985 70, 000 1995 150, 000. 2005 370, 000 1986 80, 000 1996 160, 000 1987 85,000 1997 175,000 Rate ~ve offer to pay the sum. of Donars ($ together with accrued interest from February 1, 1976 to date of delivery. At the time of delivery of said bonds, the County shall f~u-,,i~b tO us, Eree of charge, the uuquallf~l opinion of Messrs. Freeman, Richardson, Watson, Slade, McCarthy & Kelly, Jacksonville, Florida, approving the legality of said bonds, togethea: with the usual closing papers. In accardance with said Notice of Sale, we enclose herewith a cez~if/ed or bank cashier's check in the mount of Seventy-eight Thousand Dollars ($78, 000) upon au incarpo~ated bank or trust company, payable unconditionally to the o~der of the City of Boynton Beach, Florida. FORM FOR ELECTION FOR MBIA INSURANCE: (Please check appropriate box.) This }koposaI is is no~ mad~ for bonds carrying the MBIA Municipal Bond Guaranty Tn~u~ance Policy with the insurance p~e'.minrn to be paid for by the City of Boy. on Beach, Florida f~om the bond proceeds. Respectfully submitted, .~. o~al_ t~.e~.ations are to be.m~ade in this l~o~po~s_?j~,_.~{55~9~t_tJ~_o__se noted in boxes above.) / BOYNTON BEACH~ FLORIDA~ WATF~ AND S~ER SYSTEM February 4, 1976 Rating: A t~ · - Offering: $B,900,000 Water and Sewer Revenue Bonds, Series 1975B, expeei~ed through' negotiated sale in early February 1976 .... Dated : 2-1-75 Due: 2-1-78/2005 Call: beginniwg 2-1-86 at 103 L.O. : Freeman, Richardson, Watson, Slade, McCarth~ & Kelly, Jacksonville Type cnte~rise_.: ~ater supply, distribution, and treatment; wastewater collection and treatment; serving both City ~ud aree~ outside of it Pledged revenues: p~able from net revenues of the water and sewer sy~t~ on parit~ with outstanding bonds~ but sut~rdir~te %o lien on net for service on 1950 bonds (which have been ft1,~Iy funded) CO~erage~ after sale: historical net revenues for Year e~ded R--30--75 cover est~a~e~ peak debt service of $1.2 mit!ice by over t.~ Recent results (to 9-30; $ in 000J: . .. - 1973 . !974 'rev; & come Opero & ~int. e~es 711 866 Net ~venues 903 1,432 ~bt se~ce req.- ~59 523 Historical ke~ ratios: ......... 1973 ....... 1974 Operating ratio(~) ' ~ ~3.7 Net take-down (%) 55.9 62.3 Debt service coverage 1-97 2.7h Debt sr. safety mawgin (%) 27.5 ~.6 -Debt ratio (%) n.a. 69.8 $~828 23.1 :':-- '"~'" 1,712 58.6 19.6 ~61 13.9 7.3 .... !975 ..... Water }-!edimn " 9.a 60°5 52.5 .: 3.05 2.2O ~ '$0 7 26 5 68.9 0.0' S,,~' ~nd Opinion: Boy~ton Beach is a rapidly-gr~win~ essentially co~ity locatea ~ ~les south of West 'P~ B~-a~h~ ~its ~tj~U~-'~ e~s~on p~ h~.been ~de~. f~ded f~m bo~ issued ~ 1974 ~d 1975 the~e b~ -~ll pro~_~ moneys for the City's sh~ of Ioc~ costs for a re~n~ ~te~ter trea~ent pl~t ~der ~ Jo~t agree~mt ~th ~ Beach,~d e~siom crater t~at~t pl~t. F~her e~szon of~t~r~d sewer faci~t~es is ~tici-- ~pated. R~tes ~re raised in 197~ ~d ag~n in J~1~75, ~d p~sent net exceed esti~ted pe~k debt se~c, by ad~uate ~ns. P~fo~l~75 nmt, ~d estates of net, pro. de ~od core. ge levels om ou~g~d hewing. favo~ble rem~ts confi~ the~rating on the re~e ~n~ of this Bonded Debt: ~e Series 1975~ ~n~ ~ll be p~able on a p~ity from net reveres th~ syste~ with $11,BO0,000 ou~st~ng bonds of 196~ 1969, 1971, 1974 ~d 1975. the outst~u~ng bon~, $2,050,000 werm issued in 1~7~, ~d ~,600,000 in J~m ~n~ ~e subord~te in lien on net to $28,000 of l~50 bonds due ~1-76/77 for which ~scrowsd f~ have been .on h~d ~re th~ suf~cien~ for their.bond se~ce. Structure: New bonds ~iI1 m~ture 1978 through 200,~.~ Estimated overall! debt service for selected years ending September 30 (assuming 7t~%linterest bn 1975B bonds) is as follows ($ in 000): REPOF~T MAY ~OT BE ~EP~ODUCHD $m WHOLE OB I~ ~A~ I~' A~Y ~O~P.~ OR ~A~ - ~ Boynton Beach, Florida, Water and Sewer ~ystem ' - ~ste~:the City. The City's system serves the City as well as_ Unincorporated' nsza-rea or good q~.~_~. Treatment p!~r~ has resent ' -- -- ~spos~ ~to ~e Int~co~l ~late~. Under cons~c~ ~ %o ~ oD~tton~ th~ }-e~ is ~ inturim 1.25 ~d package p~t to P~de t~o~ re~ef to the for EPA ~t to b~d-a region~ se~ge dispos~ pl~t. T~s pl~t of tO ~6 ~ (sUf~Cie~ for nee~ to 1980 or ~9~); (3) b~ce for Ci~s ~e ~A Ste~ ~ apD~cat~n for other ~onents of the region~ Sew fr~ A~I 1975 bon~ ~ud bi~ z%r this have been ~t~n the est~tes. ~Co~ectlons projected to rise ~ to 12 000 ~ater ~nd 10,400 sewer ~ i~Tg' ~in~nci~ (to 9-30; $ in 000): ' ~ Ch~ge re~nues 5YO 823 1,Oyg A4-Y charges 1~8 28~ . 112 : ' 93-9 ' '-61.0' ~' ".,-' rev~ & income ' "1,613 2~.298 ' 2,828 ~2.3 _'~- 23.1 & ~nt, e~enses 710 866 1,155 21.8 33.4 se~ce req. 459 523 561 13.9 . 7.3 ~-' ~ance skeet [$ in 000): 9-3~74 ~30-75 : ~nded debt 8,728 ' I1,0T5 '' resmrve & debt sr. f~ 565 933 bonded debt 8,163 10,.1~2' ..~ates:. ~tes were r~sed in J~m.~ 1974 ~d J~ 1975. Coca, son of old Czty monthly ch~ges fellow: (3,000 g~!ons) ' $ 2.65 $ 2.80 (5 ~es ) 4.~o 5. oo fi~'~es ) 6.90 10-00 2 Water and Sewer System Year Principal£ Interest Total Year Principal 1977 250 896a 1,146 1990 625 1978 320 881 1,201 1995 830 1979 340 862 1,202 2000 460 1980 360 8~2 1,202 R005 370 ao Includes $300,000 capti~lized interest on 19ISB bonds. Interest "Torsi 556 1,18~ ' ' ~ 336 i,i66 ~ ~ Coverage ($ in 000): Last 3 Fis- cal Yr. 175 635 28 . 398 -- ; Yr. Ended ' ' ' 9-30-75._ '' ' --'- Net revenues $1,349. $1,712 .. -. -..: Est. peak requirements: Interest : $ 909 (1975-76) 1,4Bx : .:;~ i ~ 1.88x- '-~-':~_ Principal'& int.: 1,202 (1978-79) 1.12'',.,~" > . '-.'.. .; Pro--forms net rev~ues for 197l~75, adjusted to reflect the 1975 rate chauges~.. $l,957,000, covering estimated p~k debt service by 1.63 time~. _ ,.~._~:-._. ...... I~et revenues are ~reJeetedto't0tal$i,g72,000 for ~975-76; $1;995,000 for 1976-77,~-~ $2,025,000.forig77-T8, 92,101,000 for 1978-79. ' j:- .~- ' - Future finanoins: Present plans after this sale contemplate issuance of o4er the next 5 years, of'which $6,120:000 bends would be for~rater purpos~san~ balance for sewer purposes. -' ~7'~ ~-~.- .. .:~.~ ...... _ ~ -~ . secured U~der Resolution of the City adopted Jauua-~6, 197~. Bond $~cu~.z~... Bonds are ~onds uere validated bY the Circuit Court of the Fifteenth Judicial Circuit of Beach County on February 27, ~ ----:7- . --"~>' Flower Fund~: GrOss System revenues shall be deposited.iht°. the Revenue Fun~nd- allocated: (1) for payment of operating and m~nten~uce expenses; (2)Sit,king Fu~d for payment of principal and interest on Serie~'1950 bonds- The sinking Fu~d is fully funded ($57,136 is escrowed~ith a Trustee Bank); (3) Si~/cing Fund, month/y 1/6 of semi-annual interest due~ud 1/12 of annual princio~ldue on all paritybonds. Into a Reserve aeeount~mth!y~ounts equal %0 1/t2 of 20~ of m~ximumau~umlprincip~l end interest on p~rity bonds until maximum ~uzuat debt service is accumulated. The Reserve is to be fully at the time the offered bonds ~re issued.'Series . .-'~ 1969 bonds have a separate Reserve account. (4) Rene%'al ~ud Replacement Fundmonthly an amount equal $833.33until$100,000. , is acc,~mul~ted~ - - -- - ' -' (5) any !aw~ilpurpose. Rate covenant; City covenants to maintmin rates, fees, rentals and other charges sufficient to ~ay operation and maintenance expenses and 1.25 times the debt service requirement on outstanding and offered bonds. . . Additional Bonds: Additional psrity bonds m~ybe issued if, a~ong other requirem~ts, the lesser of: (1) ~ver~ge annual net revenues for preceding 24 ~onth~; or (2) the .net revenues for precedinE 12 months: equal not less than 1o40 times m~ximu~ annual ~debt service requirements on outstanding and offered bonds° Consulting engineer~ adjust net to reflect rate changes. _O~her provisions: Resolution also contains prgV~szons regarding no free servzee, no competzD~ r systems, required co~eetions, and enforcement of collections. · - Boy,ton Beach, Florida, ~ter a~d Sewer SyStem ~nere are ~so ~gh~r charges outside the City. ~ter connection eh~g~ ~150 to $385, ~d se~r co~usction c~rges ~re $250. Se~ce ~a: Boston. Beach is located 12 ~les so~th of ~est P~ Beach. has gro-~ ~pi~, inc~asing 7B%. f~m 10,~67 ~ 1960 to ~15 ~gYO, and at' 30,000 ~ September 1975. City'is ~ residenti~, ~udes ~ shopp~g c~rs. Ta~ble v~uation ~s $243 ~o~ Re: Hans Schmidt Application for alcoholic beverage l~cense Marjorie Foran Application for alcoholic beverage license 1403 N. W. 2nd Avenue' (Villager Shopping Center) Dear Frank: On I%~arch 2, I forwarded you a memo opinion to the effect that the City could not consider granting I~rs. Foran's application since it had previously granted l~Ir. Schmidt's application within the same shopping center. Mr. Bushnell had advised that Mr. Schraldt had not yet obtained the necessary State license allowing on-off consumption of alcoholic beverages in addition to his existing beer and wine license, and. accordingly, I informed you that Mr. Schmidt be given a reasonable period of time within which to obtain said license. I have again been informed that to date Mr. Schmidt has failed to obtain the State liquor license required under our Code Section 3-13. Therefore, it is my recommendation that the City Council, at its meeting of 3-18-76, direct the City Attorney to forward a letter to Mr. Schmidt advisLug h~rn that u~less he obtains the required State license and submits proof thereof to the City prior to April 1, 1976, the City will be forced to revoke 'the City License due to his continued violation of Section 3-13. In addition, I would recommend to the Council that all future applications for City licenses be accompanied by a photostatic copy of the applicant's State liquor license in order that no City license will be granted i.~ violation of Section 3-13, which requires as a prerequisite to obtaining a City license that the applicant holds a current unrevoked State license. ROBERT B. REED RBR/s