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Minutes 11-28-73 _M~E CITY COUNCt~ OF THE CiTY ~{INUTES OF Ti~ SPECIAL I~EETING OF ~ = OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUFSDAY, N0¥~E~IBER 28, 1973. · PR~F~ ENT Emily ~. Jacks on, ~!ayor Joe DeLong, Vice ~layor David Roberts, councilman Edward F · Harmening, COuncilman Foz~_~est L. Wallace, Councilman Frank Kohl, City Manager Ernest Simon, City Attorney Tereesa Padgett, City Clerk Mayor Jackson called the meeting to order at 7:33 P,2~. She wel- comed the audience and announced that the meeting would be con- oe~ned with the water and sewer crisis in the City, She asked the audience to hold their comments until all the consulting people have spoken. She then read a letter dated November 28~ 1973 from the Department of Pollution Control regarding the areas that Boynton Beach was in violation of the law ~ud the actions necessary to correct the situation. This letter is on file in City Hall's Central File. ~ayor Jackson then announced that Nr, Paul Startzman was appointed as consultant of Boynton Beach to work in conjunction with the City of Delray Beach~ followed by the reading of ~is report on the first joint meeting between the two cities of November 27, 1975. The meeting was held to begin examination and exploration seekLug opti~s~ imolementation of adopting PaLm Beach Wa~er Quality~anage- ment Plan ~f September, 1973. This report is on file in the Central File of City Hall~ The letter included actions to be taken by~r. Klinck of Russell & Axon, the City's consulting engineering firm: prepare letter of intent for Council action of each City at next meeting~ arrange for meeting prior to public hearing, authorizing Atlantic High School auditorium as first choice or Bo~nton Beach council Chambers as second choice~ meeting to be held ~onday, December 17~ 1973 to permit ne~paper advertising and public notice~ request ~. James R. ~aloy of the Area Planning Board to chair the public meeting be assisted by ~ro Frank W. Brutt, Director of PlaD~ing, Area Planning Board~ ~r. DeLong asked it to be made a matter of public record that there is no other place for the City of Boynton Beach to go but in with Delray Beach. Nr. Klinck concurred that it is the only alternative of Bo5~ton Beach~uader the present statute regarding the Water Guaiity~anagemant Plan. Nr. Klinck reported that he had carried out the instructions stipu- lated in ~. Startzman's report above to ~he best of his ability, including the fact that the public hearing would be held at Atlmutic High School Cafeteria on December 17, 1973. He said ~ustead of a letter of intent, after further conversation with Mr. ~arriott, City ~anager of Delray Beach, and ~. Startzman, it was agreed that it ~,ould be more fitting and effective to prepare a Resolution which Would be identical for both cities to consider, it sets up the SPECIAL CITY COUNCIL ~ETING CrTY OF BOYNTON BEACh, FLORIDA NOVEMBER 28, 1973 orovisions for the public hearing, the chairmanship of it by Maloy ~ud certain conditions ~nich are to be presented sad in what msa~ner to the public at that public hearing. It also gives the City a chance to express itself in good faith to proceed with the development of a connecting program with Delray Beach. Mr, Elinck said it has not yet been resolved as to who will oven the rsgional sewage treatment plan~ and the ocean outfall system. The alterna- tiVeS included a contract with either City owning this facility and the other being a customer, or asking the County to c~me ~n and run it as a regional agency. He felt somewhere between these alternatives would be more desirable -- Either a contractual arrangement or an interlocal authority to be composed of repre- sentatives of Delr~y Beach and Boynton Beach, forming another agency which would have financing oapability to issue bonds, buy sewage facilities as necessary and operate ~udmanage them. ~; Klinck said it is c~rently ~nderstood that the City of Boynton Beach will continue to own its owen sewage collection system, serving its own citizer~ as customers of that s~tem. This will ~also be true of Delray Beach. The only question under consideration at this time is the terms of the ov~ership and operation of a treatment and disposal facility which has to be under some regional authority. No other agency outside of Boynton Beach and Delray Beach is being considered at this time. Delray Beach now owns a sewage treatment plant site adjacent to the south City limits of Boynton Beach, just east of Congress Avenue, If Boynton Beach sees proper to build its o~ transmission facilities, the City will own its o~n facilities dow~ to that point. If the Resolution is acceptable to Bo~nton Beach, it will then be read for consideration at the next meeting of the City Council of Delray Beach. It was clarified that if the ~o cities worked together, there would be a greater possibility of getting a government grant for ~Gnding. Without something of this type enacted before January l, 1974, a joint application c~unot be submitted with Delray Beach. The Resolution includes that an agreement of this type be made but it doesn't mean that the agency itself has to be formulated in detail to meet the~January 1st deadline. Eri' DeLong felt time should be allotted to the Council for study of this proposition and ~. Klinck explained that there had to be a public hearing preceded by legal notice of s~me 15 days preceeding the he~ing to be made a matter of Dublic record. With a December 17th public beaching date, there are only two days to get notification in the paper. ~r~~ Harmenir~ pointed out that the passage of this Resolution or~y put the Ci~-y on record that it was agreeable to exploring the possibilities of working something out with Delray Beach~ Mr~Simon read the Resolution for the Establishment of Regional ~aste Water Treatment and Disposal Facility, after which lr~. Wall, s suggested moving on with the rest of the meeting to consider all areas before adopting the Resolution. _ wz*~.~. Simon that this Resolution is a sta~e- ~, DeLong c~arifisd ' ~ ~ ~ ~ merit of good faith and is not committal, other than opening the NOVemBER 28, 1973 SPECIAL CiTY COUNCIL ~'~ETING CITY OF BOYNTON BEACW, FL0_.IDA door for negotiations. Discussion ensued as to who would be the ~epresentative designated under Section 4 of the Resolution, ~Sr~ Klinck said it had to be a City official and the wording in- serted in Section 4 would be "the Nayor, or in the absence of the Mayor, the Vice Nayor". He said an individual's name should not be used. After some discussion as to the passage of this Resolution along with the Codicil authorizing the City Clerks of both Cities to advertise for public hearing, !~. Harmening moved to adopt this Resolution for the Establishment of a Regional Waste Water Treatment and Disposal facility (with the correct number of the Resolution to be included later), plus the Codicil as to public advertisement, 5~. DeLong seconded. ~s. Padgett conducted the roll call vote as follo~: ~ir; Roberts - Yes [~, Wallace - Yes ~, Harmening - Yes Vice ~ayor DeLong - Yes ~ayor Jackson Yes ~otzo~ carrzem 5-0. ~f~ Rates for th~ Improvemen~ of the S.e),¢er plant ~. Klinck read correspondence that ~as presented to Council at the last Regular ~eeting, e~plaining the details of this matter which is based on the proposition that there have been several rate schedules for different classes of users of the water and sewer system.. This is an attempt to help the City equallize those rates on the premise that a gallon of water consumed at the south end of the Cit~y costs just as much ~o produce as one conso~ed near the water plant, regardless of whether there is a single f~mily home or a multi-family dwelling, and to place the rates on the basis of a per ~it family dwelling, This correspondence dated November 20~ 1973 is on file in the Central File of City Hall. i~Ro Klinck said part of the amount included in the suggested bond issue of $2,050,000 is to help pay for the cost of preparing the City,s plans for imolementation of the Water ~uality ~anagement Pls~ on the regiona~ waste w~ter disoosal facili%%~ and beiD~ ready for that Federal grant. Attached to the correspondence referred to herein were recommended rates and the test for coverage of the intended bond issue. The test was based on audit reports of operating expenses for the year 1971-72 and the recently released year-end budget rate for 1972-73, ~. Ktinck said that Section 14b of Resolution No. 64-FF limiting the application of only 75% of the proposed rate increase has been ~ T complied with. ~. ~e~ong noted that the v~.ter connection chs~gas of $125.00 as referred to uP_der item 2 in Russel?& Axon's letter just read, will not apply to those that are already being serviced or where a permit had already been taken out for construction. -3- SPECIAL OiTT COUNCIL ~T-~NG NO%q~IB~ 28, 1973 CiTY OF BOYNTON BEACH, FLORIDA Mayor Jackson said Resolution No. 64-FF specifies that no preferential rates will be established for water of the s~me class. She noted tD~t the action being contemplated was only bringing the water rates up to the agreement passed in 1964 and Nr.' K~inck concurred. !~:~ Ktinck th~u read the recommended new water rate schedule on file in the Ci%%?s C~ntral File; He said the equivalent ~nits have been worked out on the basis of water use over a period of many years are in accordance with health authorities' provisions requiring design criteria~~ The minimum monthly charge for 3,000 gallons or less will be $2~65 plus 40¢ for each l~000 gallons above the basic minimu~ of 3~"000 gallons oer month~~ Service charges will remain as at present, me~ing disco~ect,' reconnect, ere; Co~ection charges shall be $125~;00 ocr umit~' In all multi-~3nit buildi_ugs the charge shall be mpplied ~dividually to each ~nit; I~;' KiLnck then read the recommended sewer rate schedule which is on file in the City's Central File;' Ninim~ monthly charge will be $4;40, covering five fixt~mes or less (sip~, batht~fo, separate shower, vmshing machine or anything that discharges into the sewer system). For eoD~ercial ~nd industrial type buildings ~ restaurants, hospitals, nursing homes ~ the sewer charge will be 100% of the ~ter bill. Corauection charges v~_ll be $250;'~00 per ~uit.~ in all multi-unit buildings; the charge shall be applied individually for each u~it~ As to these rates being tested for a parity to apply to the bond issue, Nr;! KiLuck asked the City's fiscal agent~ ~. Heckman to come for~vard~ ~;' Hec!~u suggested that ~;~ Elinck continue his presentation and he would ~uswer ~y questioD~ that come up; ~ Klinck repeated that the proposed amouut of the bond issue is g2~'050~:000;'': assuming a bond life of 25 years with% debt serv_ce~ of $89;~70 per $1~000~~ He then read the remainder of ~he proposal including other financial data~~ It was clarified that fi~e 5$-drant charges were included ~a this study under the statement about service chargesl~ The City's ~inanoe Director, Ir.: Pl~_u, expiained that the position of the Finance Deoar~men~ mn th_s ma~er was to orovide the sta~st~- cal background information data requzred by the City ~gineers; He veri~~ fied the accuracy of the figo~es provided in regard to the proposed v~ter and sewer rates; He also made recommendations and drew up pro- posed Resolutions in regard to the present crisis pertaining to the Temporary Operating Permit;~ advancing f~ds to.the Utility Fund of a tempora?y nature to show the Dep~ of Pollutzon Control that the City has every intention of going forward with its sewer expansion. He w~uted to avoid the City's being fine~ $5,000 per day. Er;~, F!y~u explained further the ~ee resolutions he prepared for consideration: one dealing with the suspension of furze cD, urges against the Utili~- operations by the General F~ud. He said there were cetain administrative f~nctions exercised by officials in the City in the operation of the utility plants. A reasonable charge is levied ~gainst the utility operation by the City for the services of its officers supervising this work; in the present i~tance, however, the City officials have not really worked out a detailed evaluation of these ... NO~R 28, 1973 SPECIAL C~_~ C0b~CIL I~EETING CITY OF BO~TTON BEACH, FLORIDA sera-ices a~ud he proposed a suspension of the charges against the Utility Fudd until they cmu be ~her evaluated. Therefore the Utility operations wot~ld be in a better financial position to pay back to the General Fund an advance of funds showing good faith, giving Russell & Axon clearance to seek competitive bids for the expansion of the sewer s~temo ~, DaLong asked if an yone compiled a list of water and sewer charges in adjacent m~micipalities and ~r. Harmening said he had such a list and was prepared to present a oomp~L~ison of the City's recommended rates with neighborimg cities. .~. Roberts asked to clarify that the proposed rates just ar~uomaced were from $2.30 to $2,65 per month for a dwelling unit with 40¢ for each 1,000 gallor~ above that, eliminating ~ great deal of _~gur~ng,' On the sewer the increase went from $4o00 to $4.40 per month and he felt t.ms was not unreasenaole ~, Fly~m noted tb~t ~eat progress had been made in the City with the new data. ~ process_rig system, From the audience, ~ Thomas Canavmu asked t~t the City Finmuce Director clari~y for the benefit of multiple dwelling residem~s wb~t the rates am~e going to be for them. ~tr. Fly_o~u said multiple Swelling rates are based on the fact that each unit in the comple~ ms mu individual dwelling unit and will be so charged a round figure. l~Eaen the gallons are averaged out, the fee will be increased by the base charge of 40¢ per l,'O00 gallons. ~r. Canavma said he understands the 20% ~ncrease as it applied to the sewer but not the water usage and discussion ensued with Mr, Fl~m explaining how the increase in water rates wou~d apply to multiple dwell~gs, Eayor Jackson said the City is trying to correct the mistake made in the past of giving preferential rates which is against the bonding agreement and has been since 1964, ~r, Canav~u wanted to ~aow why this has gone on for ? years mad ~r; Fl~-om explained that Touche Ross examined the %'~ter rate si~ation mud in seeing that the Ci%~ was u~able to keeo up its bond oay~.~aents, it was found in conjunction with fiscal agents, Wain%;~ight and R~msey, that there were glaring inequities in the rate system. ~r; William L, Shultz, lll8 Lake Terrace, President of the Leisureville Apartment Condominium ASsociation, asked for clarification regarding the new'¢~ater rates, Discussion ensued s~ to how the new rate schedule worked in regard to multiple fmmily dwellings and ~, Flyma pointed out that the action being taken has been dictated by the Federal goverr.,ment in the City's application for grants to exp~ud the water facilities; One of the require~ents was that all water rates were to be equallized, ~, Shultz was concerned with Leisureville's charges in comparison to other condominimms and the situation where~ water was used for the benefit of all units, but the facilities we~eattached to one building and the residents in t~t building wou$~d be going over the rate allotted to them, while the residents of the other building might be usir~ less th~a the a~2ount allotted to them, ~. Klinck suggeste that in cases where residents felt they weren't being charged fairly, they should have a separate water meter installed, -5- SPECIAL CITY_ COUNCIL ~?ETiNG CiTY OF BOYNTON BF~&CH, FLORiDA ~ w.~' 28, 1973 NOV~B~ ~rs. Gertz~ade V. K, ~mith, N.r~-1 10th Cou-~t, Leisureville, objected to any basic raise in rates, based on the fact that she occupied her home for six months ~nd had to pay the minimum rate for 12 months of the year, She felt %water mhd sewage should be metered from the first ga!lon~,~, t~_ayor Jackson said the alternative ~.~y be taken to ~have T~e water tua~ned off when it's not used, but there is a service ch~rEe,~ The.re is nothing that cs~u be done about the sewer service. 5~r, ~'ty~ samd in answer to this problem, he has never ~o%~a of a b~d~ who would give him a break in his mortgage paymm~ts because he moved out of the house for six months. There are exper~es a~d main- ter~n~ce operatio~-n~ to maintain.' Winnifred Larson, 880 Horizons West, Sterling Village, asked if consideration w~s given to the savings in not havi.~ to read 84.0 maters of Sterling Villa§e since ~nere is one meter service, savings of man hours in billir~, cost of paper usage, etc, She noted Sterling Village paid its bill on time a~ud if TZaere w~s any deal made by the developer as charged in the newspaper, the residents were ~aaware of it and they resented the statement in the ~a~er. She complained of the recent v~ter bill in the ~mount of $1~6£6 last month, not~_ng that under the new rate if passed, it would be ~2,226 per month. ~,~s. Larson said more than half of the residents of Sterling Village ~re away in the su_mmer but are still billed for services not used. She asked for consideration Lu berg put on some type of meter so that Sterling Village will p~y 5y~, volume rather than by %unit. She assu~ed Council that the residents of Sterling Village would cooperate with the rate increase, ~, Flyr~ apologized for his remarks as puoz~_shed in the ne~.~paper as they were made while he w~s under great pressure. ~. Thomas Canav~n, ~eriing Village, wanted to ~ow ~gny the deadline %~s being set for the progr~as presented tonight. ~.~ayor j.ackson ~ t~t there were certain rules s_nd regulations la~d expla_ned by the Environmental Protection ~gency, Department of P~llution Control, etc. t.h~t had to be lived up to. ~r. Canavan asked What the status of the County-wide sewer system was and ~yor Jackson explained that the Cou~a~y b~s d~ded the system into five regions, Boynton Beach is in the South-Central District and responsibilities will be equally shared be~een Boynton szad Delray Beach, I~, DeLong asked that the State representative explain wl~%t Bo~mton Beach is required to do because when they say jump you're supposed to ask how high. ~. Klinck explained that ~ost %~vo years ago the P~lm Beach Coumty Area Pla_~zaing Board promulgated a regional plan for %~ter and ~ewer, at which time the Bo~rnton Beach and Delray Beach conceot was formulated, The Pa~ Beach Coun-~y sewer sj.~tem was set up to~hsJadle those areas West of the City but those come to the combined efforts of Boy~.ton and Delray as o~tomers .' However, the implementation of this w~s not formally adopted um~til October l?, 1973 u_uder the name of the W-ater Quality- ~[muagement Plan which made it a must. Approximately a month before that, the detailed plans were not published and a change of rules and. regulations is cu_~rently being considered for the fiscal year 1975-76 funding. He felt that no one in the City b~s been dragging his feet on this. D~r. DeLong noted that this C~ty Co-~uczi has been meets_rig on ~hzs matter since the SPECI~L~ Ci~Y COb~CiL ~LEWETING 28, 1973 ~ ' the ~ ' beg_nnzng of year with represen~atzves of Russell & Axon and the State, H~. Paul Phillips, Engineer with the State Department of Pollution Control in Ft, Lauderdale, representLug the RegioD~zi Engineer, ~r, Wa~en Strab_u, clarified the situation further, The Tempor~y Operating Permit specified performance dates to complete certain C~ - limits the discharge from the sev~ge treat- actions by the _'~ a~ud ment pls_ut. He referred to ~r, Klinck's contacts with the Departm_~.ent of Pollution Control regarding Boynton's inability to meet the funding to meet its T.0,P compliauce dates, A T,0.P, is a Temporary Operating Perm. it given by the State of Florida allowing an area to operate its treatment plant while upgrading it in compliance with a time schedule. A T.O.P. is the official implementation of "good faith" in the State of Florida. ~r. ~h~±lzp then explained the co_rectzve actions being taken, in the meantime, the Palm Beach County Health Dept. determined that Boynton's sewage ~eatment pla_ut was exceeding the discharge capacity of suspended solid~,. He said the D,P.C. can work with changing dates, but the T.B.P. is in danger when a City exceeds its discharge limitations. ~. Phillips then went on to explain other problems facir~ the City. 5~r. DeLong said it was pointed out at s,u earlier meeting that if Boynton didn't.go in with Delray Beach, it would not be possible to get a permit to operate or receive grants, ~'~. Roberts said in answer to a question from the audience, that the City ~anager of Delray Beach notified the residents that on Au~.st 28th, 1~72 the City Council adopted an ordinance increasing the water and sewer rates approximately 20% and 80% respectively. Nr, ~arriott had further stated~that the increase in rates was necessary to finance a proposed $5 million revenue bond issue for sewer treatment plant construction and advised that the increase in rates %,muld be reflected on the next utility bill, O. T. ~cLean, 906 S, Federal High%~y, Bosmton Beach, reviewed the length of service of each Council member ~ud questioned the reasons why the present crisis situation came about. He sooke in opposition to increasing the utility rates and proposed that %he City do away with its consulting engineers and establish its ov~a engineering depart- ment, using the surplu~ available that enabled a reduction in the millage rate. ~r,~ DeLong said he did not make an in depth study of water and sewer but of the General Fund where he found a surplus and at the time had asked that an in depth study be made of the water and sewer system. He noted there had.been a change of Finance Directors then and compli- mented I~. Flynn for the ~ob he's done up to now. ~ayor Jackson said the bonding agreement passed in 1964 specified that the City must have Russell & Axon or sm. other consulting engineering firm nationally known mud discussion ensued as to whether or not an outside consultant was required by the City. -?- SPECIAL CITY- COUNCIL ~EETING CiTY OF BOYNTON BEACH, FLORIDA NOVFP~ER 28, 1973 ?tr. Harvey N. Heckman, Jr., Sr. Vice President of Wainwright & Ramsey, nationallyknewn firm of municipal finance consult~uts explained Wain~w~ight & Ramsey's role in this capital improvement program and for the record pointed out that Wainwright and Ramsey has not been with the Cm~y for several years. He explained that in order to put out a successfnl bond issue, investors must be invited to vmderwrite it and they must be shov~ good faith that the City will stand behind it~ He then explained all the facto?s necessary to obtain this bond, inoluding acquiring the services of nationally ~no~a firms of engineering consultants, bond counsel and financial eonsultsnts. ~. Heckman said the City's bond resolution No, 64-FF is very lenient and prooab_y the smoo~nes~ vehicle at this time for issuing additional bonds and he reviewed certain provisions for the water and sewer rates contained therein. He pointed out the high costs of setting up a qualified engineering department and explaLued that Wain~ight & Ramsey's program was to help the City issue bonds at the lowest possible interest rate on a sound financing basis which is continuing. ~ayor Jaclmson read a portion of the sewer and v~ter agreement, Resolution No. 6~-FF -- "Consulting Engineers: The City will retaiB Russell & Axon, engineers of Daytona Beach, Florida, or a~y o~her.qu,almfme.d engzneers .~o supervise.the construction, acqu~_s~- tmon s~ad ~_ns~allatzon of additzons, exter~mons s~ud improvements to the sewer system of the combined water ~ad sewer system authorized by this Resolution, etc." ~r. Earl Pratt, Sterling Village, endorsed the co~uents byers. Winnifred Larson regarding Sterling Village and he spoke at length of his e~oeriences as a law~er in Ohio regarding the setting up of sewer syste~. He felt the Council should not let the State Depar'~ent of Pollution Control force them into hu_~ried action. ~. Wallace read a memo he had asked to be issued this morning to members of Covraeil regarding sewer bonds. He felt there were several alternatives open, If money was taken out of the General Futad along wz~h usmng~tne Lzbrary funds,end the to~al amomut of money needed was $1-2~ million, he felt the moratorium could possibly be lifted immediately and less money would be needed for the total bond ~ud the increase in home owners wouldn't be as severe at this time. Er. Wallace exlolained his s~ggestions further ~ud asked ~r. Klinck if they were feasible. Nr~~ Klinck clarified the amount of money requested was $2,050,000 instead of $2½ million to be used to i~orove the City's sewer treatment facilities plus increase its discharge capacity which will carz~y the City t~hro~gh the period until the regional facility is ready, He said that $1 million would not take care of this pro,nam alone as the sewage treatment_elan program itself is aporoximately_ $1½ m~__zon'~' and the rest is planning to secure eli~ilility of a Federal grant of 75% on a far greater program; Discussion ensued regarding how far a $2,~050,000 bond issue wgu!d go andb~; M~inck said~{the City D~d to be coveredfor at least 2~ years. SPECIAL CITY COUNCIL ~EETINS CiTY OF BOYNTON BEJ. CH, FLORIDA November 28, 1973 Mr~ DeLo~ felt the City could raise $1 million without doing away with the library and that theCity should use the $1 million and go into the market for a $1,050,000 bond.~ He felt the Cii~ would get into the same bind with improvements as in the water and sewer because the G~ueral Fund was taking money, from the water and sewer ~ud now thetaetic would be reversed if everything was stopped regarding capital improvements and put into the Utility Fund. Ir. DeLong then referred to a financial statement before B~m arJ discussed other alternatives with ~ Fl~n~u~ Mr~~ Flyrn~_ felt that l~ir.~Wallace and t~r~~ DeLong were thinking along the right track~ RECESS ~ ayor Jackson called for a 5 minute recess at 10:05 P~N~ The meeting was called to order again at !0:14 I~Sr,~ Robert B;~ Nutter,~ llll S~W. 8th Avenue, single family dwelling, spoke at length on the progress in Boynton Beach since he moved into the City in 1957;~ He gave several reasons why he was opposed to preferential treatment and in favor of the utility rate increase. ~ThOmas Canav~u returned to the discussion of the bond issue and agreed with Nr;'~ Yallaee in trying to relieve the City of its bond zssue, He referred to the time I~? DeLong spent on this matte_ and the report made by the fiscal agent about bonds. He said it's up to the ta~oayer to vote for or aga~ns~ the bond ~ssue. ~ir;~ A1 Haas,~esident of High Point No;~ l, made a plea for reason and felt malay problems were presented t~s evening whic~ required more research;~ He reconu~ended the adopzz°n of an inter~i~ate struc- ture ~til such time as the Ci~y c~n determine its needs~ He felt it was foolish to rush ahead with ~ay kind of plan at this time without being certain that the City can be out of trouble for several years ;' i~r~ ~ar~k Y%~att, 176 S,E~ 27th Place, single family residence, noted tB~t the no new connections boom D~s already been lowered on the Ci~- by ~he Deot~ of Pollution Con~ol. No new permits will be issued ~mtil ~hi~ b~ is lifted~ He recapped the cu~ent situation by sayi~ tha~ in order for the b~ to be lifted; certain improvements have to be m~de which cost money~ In order for the City to raise mon~, it is ~ying to raise some ~ddition~ bonds but found its credi~ rating not up to ~r; The reason is due to the ~te struct~o~e not being in accordance with the bond resolution which is the p~pose of the proposed resol~2~ion ~troduced tonight~ It's ~ ch~ reaction ~ if this resolution isn't passed, the bond rating isn't up, the b~ isn't lifted ~d the City gets fined~ ~ayor Jackson said there were 2~3,000 vacant lots which c~unot be built endow and the City has grown faster than it could be kept with~'~ She hoped everyone realized that Council didn't enjoy raising the rates but it ~s necessaa~y~~ ~; Jack Pude!l of Colonial Ciub~. asked if the City was going to send out ~dividual bills monthly to each occupan~ of a condomini-~ and ~!ayor Jackson said no, it will still ~o t'e the condominio=m corporation who will divide it accordingly,' -9' SPECIAL CITY COB~CIL ~I~iEETING CITY OF BOYNTON BW_ACH, FLORIDA 28, i973 A gentleman from the audience asked ~. Klinck what the objection was to the Co~ty o~ning the treatment plant as regional operator. He also asked Council ~hether there was ~ay legal objection to owning facilities in another to~rn. ~,~ Klinck said tb~t Bo~aaton Beach has long expressed the desire to keep government as close to home as possible, Once the ooeration gets into the operational capability of a higher goverD~ent agency, it gets away from the City's con[hrol. Also, the County rates would be higher.~ Regarding whether or not Boynton can owua a facility on land in another ~o~;rn, ~, Simon said he believed it was permzt~ed but he wo~d have to research it. Reference was also m~de to other instances where a city owned land in another municipality. Mr~ Be~i!-~I.~er, 2563 S.W. 10th Court, said he v~s a builder and refe~ed to ~. Wallace's statement that there Ym.s approximately $1 million available in the General Fund.~ He v~nted to know if it could be used immediately and if approved, how long would it take to lift ~he moratorium; After some discussion, Nr. Philli-os of the Dept. of Pollution Control said the Ci%~ can go back on coca,orions as soon as it meets the T.O,P. conditions. ~. Wallace asked Nr; Klinck if the City had the $1 million available tomorrow, how long ~ould it take to comply with the T~O.?~ rules. ~. Klinok said the City could go out for bids within a few da~. It would take at least 30 days for the bids to be ~oreoared and submitted and if the bond program was moving ahead ~ithin a period of 60-90 days, cor~truotion could be completed within a year. ~?~. Wallace couldn't see the City going into an indebtedness of $2,050,000 in bonds when it wou~d have to go out again in ~aother two years and discussion ensued with Nr. Klinck explaining how m3aeh the City needs this interim program to move on to the next step and correction with Delray Beach. Mayor Jac]~on read. a letter dated November l, 1973 from ~c. Charles Geiger of Russell & Axon, dealLug with Boynton's share of the ~eatment facilities to Delray Beach.~ The letter is on file in City Hall's Central File. Mr. Klinck spoke of Boynt6n's oosition on the priority list for Eederal f~ading ~ad e~plaLued that if ~o~-nton and Delray joined together in their application they could oossibly be oushed up to 1975 funding which would be ~de available-in July, 19~4, He said Delray was higher on the oriority list because they have the money available to match Federal-fumds, they have a sewage pl~ut site ~ad the completed plans and specifications so if the Environmental Protection Agency said they could have the money, they could proceed immediately. Boo, ton b~s to be bro~&ght up to %hat level and it will take tim~o ~r. Kruger asked if a plan could be put into effect Lu the very ~ear future with the $1 million that the City ~has, how long would it take to put a plan into effect to ~mf~ the morator~u~ and the answer was about 2 weeks, ~ · N0~E~BER 28, 1973 SPECr--~L CITY COUNCIL NEETING CITY OF BOYNTON BEACH FLORIDA ~Sr,' A. L. ~acGregor, 2897 S.E. 1st Place s~id he's been in the City 42 years. He refez~ed to the c~rent sewer plant which is unacceptable and is removing more waste material th~u the new plant which is acceptable~ Now suu interim plant is to be built followed by a line down to Delray Beach and he asked w~hat the Ci%~y ~as going to do with a~l these facilities~ l~r. Klinck described the workings of each of the plants in operation as well as the reasor~ for the improvements and the interim treatment plant~ He said these facilities are not go~ng to be discarded when the City goes to Delray Beach. The pollution con~ol authorities have advised that as long as the plant operates under its discharge requirements inoloding what will be required next year, it cs_u continue to operate,' but once it again star%~ to violate, it can be stopped~ Conditions c.hs~age constantly. ~r; Hyatt said he wished to re-state ~(aat ~r. Klinck said in a different mmuner. He exp/~ined the Naloy Plan which specified that agents and sub-agents w~e authorized to construct, operate and expand interim systems which meet the current on-going pollution control standards, in the meantime, plans would be adopted for regional systems to come into being, He said he worked for the Country and it was emphatic on the part off the Area Planning Board on behalf of the E.?..&. and D.P;C. that rsgionalism was the only way PaLm Beach Co-~mty v~s going to be permitted to go long range. These interim systemz were to be developed from whatever funds could be ~uade available with the idea that they would be associated with or incorporated into the regional system~. He said the regional system with Delray Beach is 3-5 years down the road. After further co~m~ent in ~ch ~tc. ~att explained the Co~_utry's rate system, he said that ~. Klinck's plan is in line with the ~aloy Plsna for mu interim facility '~uhich will serve to allow progress in getting service until the political, f~acial s~ud physical areas are cut out for the regional system, ~r~ F!ynn noted that the meeting this evening was called to review the water and sewer pmoblem~s~ He felt that there should be no ~ther orec~as~mnatmon and the F~_nance Depar~n~ h~s p~eparem three resolut~o~s- ' ~ for consideration in this matter; wh~_ch followed tS~ough with ~ Wallace's ~ud ~ DeLong's thought for the most part, Flyrau read his first orooosed resolution, oroviding for the adv~ucement of a repayable loan a$~ 6~ interest to the Stili~~ F~3~d from the General Fu~d in the amo~nt of ~l~000,000~ His second proposed resolution provided for the suspension of the administrative service charges levied by the General Fund against the Utility Fund; The third proposed resolution pertained to interim rates subject to being lowered or raised as the si~s~tion calls for~ _~; Fl~nn felt these resolutions would help put the City in a position to get the bond zssue ~ad l~ft the ~ora~.orzu~ ~mme?~_a~.ely. These resoluzmons were drax ~ed mn con~%uac~_on w~ ~a th~ gumdel~ues ox the Russell & Axon report but the City Attorney ham nOt ~een contacted~ nor b~d the City i,~anager. ~Ir; DeLmug w~.nted the City Attorney to look the resolutions over he asked if the encumubered fu_uds were included in any of ~tr, F15~'s reco~endations for the $1 million and ~r; FlyD~u said they %%~re not included ~. SPECIAL CaT_ COUNCIL CITY OF BOi~TON BEACH, FLORIDA NOVE~BER 28, 1973 ~r. Harmening felt the City would be subject ts criticism r~garding grant applications if they charged more than the standard rate in the City to outside municioalities. He was in favor ~f charging an additional su_~chs~ge, b~t felt it was not ~ keepi~ag with the gr~ut application; ~g~. Klinck said the guideline is for customers in e~u~l circuzmst~aces. The surcharge f~r out of the City limits is p~z~missible but there is a State law that limits ~ to 25% except for certain extenuating circ~ts-uces. 5~. Wallace referred to the 3,000 vacant lots in the City and suggested the $225 tap in fee be raised to $500, He asked if first consideration should be given to those the City serves outside or those within the City itself, He repeated his feeling that wi~a all the possibilities at. liable, he couldn't see going for the $2,050,000 bond for 2 years aud then going into something else after t~hat~ ~ayor Jackson asked if ever?one was satisfied that the rates had to be raised ~ud discussion ~sued regarding i~. ~allace's suggestions in ~sing money the City presently has available to it~ along with certain details in ~r. FIjr~u's proposed resolutions. · ~ Mr. Harmening said. he'd like ~o see the meter tap-in fees ~a_sed to be in line with neighboring cor~-~nities, He suggested the 3/4'~ cor_~aection to be $150; l" - $175~ 1½" $250 s_ud 2" - $375 so that ~he City would recover ~_ts costs ~ud perhaps n~ke a p~o_~z~. ~. Eiinck reviewed the utiiityrates of neighboring cities which oroved to be much higher than Boynton's proposed increase. He ~elt the m~tter of a rate schedule was being con~sed with the matter of the bond. issue. He recommended consideration of adjusting the rate schedule tonight and then when the other money becomes available, when a bond issue becomes validated, the City doesn't have to issue $2 million worth of bonds if they are not needed at that time, After lengt?~ d~scuss~on, ~r. Harmening moved to have the CztyAttorney correct aud put in legal v for the regular City Co~_ucz~ meetzng of December ~, 1973, the propose~ Resolution that when the money a~a~b~e in the is needed, the loan capacity of $! million be r~,de ~ ~ ' _ ~ad, ~, DeLong seconded General Fund to be ad~ueed to the Ut_!l~ the ~ ' monfort, I~r. Simon read proposed Resolution No. 73-UUU (number to be verified). Under disc'~ssion, ~. DeLong said Cou~oil should adopt the policy that when Resolutions are to come before this body, the City Attorney should first be consulted, in this case it was an emergency. Notion carried 5-0. Regarding F~. Fl~ura's suggested Resolution to suspend the charge on the Utility F~ud to pay various administrative costs --Mr. Ha~uenirg moved to turn this proposed Resolution deleting administrative charges from the Utility Fund to the credit of the G~neral F~ud~ Hr. DeLong con. coted the motion -- to turn over the Resolution as presented by the Fins_uce Director in reference to the lo~a of funds from the Utility Fund to the Caoital Improvement Fund to the City Attorney to be brought back to Co~acil in the proper form at the next meeting. ~r, Wallace seconded. There was no discussion,~. ~otion carried 5-0. ~r, Simon said he would get together with ~, Flynn tomorrow. 1£ - SPECi~.L DiTY COUNCIL ~ETING N0~tBER 28, 1973 CITY 0P B0._N_uE B~&~H, FLORID.& ~tr. Harmen~g moved that Russell & Axon be authorized to go out i~ediately for bids for improveraent and expansion of the sewer treatment pls~nt with olmos and specifications on file in Ci~~ Hall, After lengtbJ discussion clarii~yin~,that it was ~ot necess~ to also go out immediately for a bond zssue, ~r~ DeDor~z seconaea the me,zen. ~otion ca~rled 5-0. }~r; Wallace moved that the water rates be equalized according to the studies oresented to Coup_ell this evening, seconded by Harmening with the addition that this resolution be put into final form by the City Attorney including the combined efforts of both ~. Fllrnn and Russell & Axon's. resolutions and also includ~--ug the ' = of tap~-in or i:astgllation fees. There was no other dis- lncreas ~s cussion~~ Eotion carried 5-0, 0 ~ayor Jackson referred to a note she sent to members of Co~ueil about the Ocean Ridge contract that they would like to have Boynton Beach ts.ks over their w~ter and sewer. After some dissuasion, it was decided tl~t ~. F15nn% and 5ir. Simon work in conjunction to 5~ve this contract ready for the meetir~o of the Council Tuesday, December 4, i973. After fu-~ther discussion regardiD~ certain details in the resolutions discussed tonight, Nr. Wallace moved that the City Attorney Consulting Engineer meet together to iron out slay of the bugs. tb~t are present and bring them back at the next Oouncil meeting ~_n final form. ~r. DeLor~ seconded. ~{.otion csa~ried 5-0. · ~ '- ~otion Wallace moved to ad3ourn~ seconded by -~'~, Harmenzug. caz.r~__ied 5-0. Meeting adjou2ned ~t 11~58 P,~[i~ CiTY COUNCIL OF B0~N~0~T B~CH, PLORIDA