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Minutes 03-31-72MI~dTES OF SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL: BOYNTON BEACH, FLORIDA, FRIDAY, MARCH 51~ 1972 at 2:00 P. M. PRESENT: Robert B. Effron, Mayor Mrs. Emily Jackson, Vice Mayor John L. Archie: Councilman Harold Blanchette~ Councilman David Roberts~ Councilman Travis E. Killgore~ City Manager Firs. Tereesa Padgett: City Clerk Gene Moore~ City Attorney Mayom Effron called the Special Meeting to o~der at 2:03 P. M. The Mayor stated that there is only one item on the Agenda, and it re- lates to the request by the County Cc~nissioners for a resolution from the City of Boynton Beach as to the willingness and ability to provide water and sewer to the reserve annexation area. The City Attorney read Resolution No. 72-I. Mrs. Jackson asked if we are able to provide service to the annexation area plus what we have in the City lim/ts? Mayor Effron stated that according to the engineers we are. Based on present plant capacity~ Russell and Axon has told us we will be able to do this. We are always thinking with regard to plant expansion. ' Mr. Roberts asked who built the original plant: and is there any legal problem to tap in and use this for westward expansion? The City Attorney stated it was built by Mr. Field and purchased by the City, financed by the bonds. There is no legal problem. Mr. Killgore made a few commerfcs, so that there is no misunderstanding of what a water and sewer system is. When the system is financed from the revenues in this particular service it is not like other facilities we have in the City~ Recreation, Police, Fire, etc. This system is designed to be supported by the revenue. The more customers, the better condition your plant facilities w411 be. If it were to the contrary we could not be considering expansion at this t/me. Based on revenues from each cus- tomer the more -units of revenue the better financial basis. There should not be any worry b~cause the guarantees are made to the bondholders. He does not see any way that there can be any inequity in servin~ outside the City as long as we have this sytemto support bonds. He further stated that theme seems to be a large misconception on water and sewer service with regard to other services. We must do a better job of informing you what the situation is. The reason this item is before us i's to further guarantee to the citizens that there is an established policy in providing service to the citizens outside of the City: and that it will not be an additional burden on the citizens ~n~id~ the City. MINU~ES SPECIAL CITY COUNCIL MEETING MARCH ~1~ 1972 Mayor Effron stated that this has been said many times before by this Council, "any expansion westward is not going to cost the residents of this City one single cent." This has been demanded by this Council. The people outside will be eha~ed a surcharge for water and sewer. It is his hope that all these funds will be placed in escrow so that when we do have to expand these facilities we do have the start of revenue funds in order to take care of this. Mrs. Jackson asked how much is the surcharge? Mr. Killgore stated that the State has passed a law that we cannot charge over 125% without a public hearing~ and prove we must have this additional revenue to take care of our system. Mrs. Jackson asked what are we charging the other cities for water? Mr. Archie stated that when Ocean Ridge split from Boynton it was agreed we would always give water at the same price as Boynton Beach pays. We were getting 150% f~om the other city (Briny Breezes) that we supply water to. Mr. Killgore stated that he has to get with the City Attorney, and find out the date that this law became effective. This surcharge by law may not be permissive. Mrs. Jackson asked if this could mean a reimbursement to them if we find out we are wrong? Mr. Killgore stated it is possible. Mrs. Jackson asked how do we know we can furnish the water and sewer until we know what the density is going to be in the annexation area? Mr. Kitlgore stated that at the first briefing on this he said they would have to phase in and plan for these facilities. And if we start doing this and do it now, the next action would be (and have the Engineer to verify) to know ~nhat expansion we need and where we need it and what the costs are. We have to figure based on these anticipated revenues the an- ticipated units or custom, rs in any given area. Mrs. Jackson then stated that back in February we were told we had to do this; Mr. Archie stated it was blackmail, she still thinks it is. She does not see that we have to do this. Mr. Archie stated that in 1968 or 1969 the City agreed for a reserve an- ne×ation area, this was passed by the legislature. The Act stated that we must service the annexation area that we request: so it is a relatively simple question we have to answer today. The Council has to decide whether we will remain forever the size we are now, or that we will pro- vide service for the annexation area as we are able to. If we do not agree to this Resolution then the State has the power to re~ move f~om the City of Boynton Beach, the annexation 832ea west of Congress. -2- MINUTES SPECIAL CITY COUNCIL MEETING MARCH 317 1972 Mr. Killgore stated that many cities in the State have lost large areas of the City limits they have because they refuse to supply services. It may be we can be required without further coordination with the County to provide service out there, or either go back to the legislature~ or have someone take us to court because we have refused thom services. He says ~please do not do this= for when you do you a~e r~l~nquishing all control of what may develop in that area. I think this would be drastic to the citizens of Boynton Beach. The more control you have on what goes on out there, the better off we're all gOing to be. Mr. Roberts stated that within a year when we reach maximum sewer capacity where does it leave us to serve annexation area? Mayor Effron stated that we have got to plan ahead. We have been told that this plan can be expanded by doubling the capacity from 3.2 million to 6.4 nt~l14on. We might have an ocean outfalt or regional plan~ or we might tie into Delray ocean outfall~ which is a regional plan. We will do what is feasible when we get to that point. This is a legal instrument that gi~s us permission to do this so that years from now the County won't come back and take it over. It gives us permission and authority to proceed on this. R. B. Vastine stated he is happy to hear it is not going to cost the tax- payers a cent, will this be in ~Titing? The Mayor answered absolutely - 10w~. He also asked about the bond issue, if it is eventually necessary to ex- pand the facilities will that responsibility come back to the City of Boynton Beach or will it be frc~ revenue? Council answered from revenue. He also asked if a study has been made and finalized indicating the total underground water potential as far as plant expansion is concerned? Mr. Kiilgore answered that this is one of the reasons we must start to lay out long range plans. Everything that is done in a water and sewer systomhas to be checked by the Health Department and the Pollution Con- trol Board. The water supply has to be verified before you can expand the system. We do have adequate water supply through wells. We h~ve better water supply than our neighboring communities. Robert Beyrer~ representing United Boynton Civic League: stated that when you speak of extending facilities to annexation area the area should be contiguous to Boynton Beach. It should state that we are not going to extend a half mile to the annexation area. It was mentioned that it will be no expense to the ta~paye~, h~ ~ko: ~=~ tl%at it means expansion. It means you are going ahead and take care Of about ~5.O00 to 35,000 additional homes. In addition to this~ it should contain some provision that any annexation area must comply with the zoning of the City of Boyn- ton Beach. We are aware that th~ problem in Florida is the density of population. We have proposed development to come in here with 5,000 units. He feels there should be some kind of referendum to give the people a chance to fully understand what is going on. --3- MINTdTES SPECIAL CITY COU/~CILMEETING MARCH 3i7 1972 Mayor Effron stated we are not spe~/ng of annexation at this t/me. Mr. Archie moved for the adoption of Resolution No. 72-I, seconded by Mr. Blanchette. I~. Roberts asked if there is a t/me element: there seems to be an emer- gency for this resolution? Mayor Effron explained that our regular Council meeting is not until Tues- day evening. County Commissioners are memting on Tuesday morning: that is why we had a Special meeting. Albert Wehrell stated that suppose we would have expansion that would re- quire a bond issue, will the cost revert back to us? The answer was prob- ably not because there witlbe more users on the system. James Warnke asked if all the citizens will have sewer before the expan- sion begins? It was explained that there is a one million dollar sewer expansion pro- 9rem~ the engineering is almost done. The bonds are ready to be sold. There is a system considered for Mr. Warnke's area. Mr. Warnke also asked if any members of Council owned property to the west? Mr. Archie stated that he does. Mrs. Jackson feels that this is too broad. She has,yet to see anything that indicates that the Area Planning Board is the final word on this. She also does not believe that Mr. Archie should vote on this as he owns prop- erty in the reserve area. Mayor Effron called for a roll call vote. Motion carried 3-1. Mrs. Jack- son voted Wno~. Mr. Roberts abstained. Mrs. Jackson voted no because it is too broad a scope. Mr. Roberts abstained because there are a few unexplained facts. We have had many meetings: and we were supposed to go into this more fully. Mrs. Jackson stated that this is being rushed through, and she does not believe the County Commission needs it this early. Meeting adjourned at 3:00 P. M. CITY OF BOYNTON BEACH, FLORIDA MINUTES SPECIAL CITY COUNCIL MEETING MARCH 51~ 1972 Attest: -5-