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Minutes 11-01-66MINUT]ZS 01~ SP~L~L i,~f'~J OF 0iTl COUNCIL, HET_D I~ CiTY ~L~!.L, BOYIFfON BEACH~ F~*XDA,~ N0%~ER £~ 1966 at 7:30 PRES~T: %~alter A. ?ladsen~ i~'smk ~;,~Coy, Jr.~ ~ice Mayor J. Allison Banks, Cou_uc~.lman Charles N. Boos, Councilman Gilbert Collins, Councilh~n F. T. ~L~in~ City Mansger ~e Noore~ City Attorney Tereesm Padgett, City Clerk Mayor 2-~dsen called the meeting to order. He introduced the candidates for the coming election: ~. Mahoney.. ~Ir. ~chael~ .wit. Hester, Mr, tenkpie! ~ud also ~:~. l~i~dsen. ~, N. R. Field was also recognized in the audience ~ Mr. Mad~en. Mr. KaL~ stated that Commissioner Warren had called him this afternoon and said ~hat he and Mr. Frost could not be present at this meeting, but Mr. Bill Hill would be present. Mr. ¥~arren asked Mr · X~Lu to make two announce- ments~ n.~mely, that the money for ~oolbright Road w~ come from t.he million bond issue and will not be avaLlable uutil April or F~y, 1967. Engiueer~ng and ~cquisitien funds have been l~dgeted for procurement of right-of-~,~y along the lines tSth Ave. ~_ll take where~ constructed. Also, N~, ~arren said he regretted the delay in the beginning of work on Seacrest but stated work ~-'I! begin by next Monday morning. ~ir. Eain: by- ~y of sum- ming up F~~. ~arren's remarks~ stated that the $25,000 budgeted for Seacrest is ~,vaila;oie and work w~l~ b~gin immediately~ but the $20,000 budgeted for Woolbrigh~ Hoed is no lon~er avs~t~ble, hut mo~_ies for this project would be sA~af~lab!e fr~ proceeds efa bond issue already voted on and construc- tion work cazmot stazt until a later dat~. Mr. I~mdsen ~aid he w~ald lik~ to discuss the sewer and water bond situation in Boynton. He said he would like to have Mr. Reilley of Bache & Co. come to Boynton Beach to discuss this situation ~ith Council, Nme. Wallace and Mr. EaLu. Mr. Kain stated he had two letters, one from Mr. Alcoek and a copy of ~ letter from l~r. ~eili~2 ~o l~ir. Alcock. N~. P~eilly is listed as beir~ ~rlth the Municipal Revenue Bond Depar~aut. ~r. Kain said he would like to have ~. Ha'W~ins present also. Mr. K~.in quoted from ~,~, Aleock's letter as follows: "It would seem to me ~lth the recent improvememt in the bond market that I might be able to place the bonds for you that might enable you to e~end your sewer system and benefit from the revenue that comes from additional connections." Mr. Kain stated he had called several people familiar ~,rlth these situs%ions and he ~,~s told by the fiscal agmnt that this is the aorst bond market in 26 years and that five w~eks ago it was %he worst bond ~wket in ~i years. On September ~6, 196b, the k~nicipal Finance Officers N~w~ Letter contained a statement about the bound market Jm. th~ Unite~ States: "At that time $170 ~dd.lion worth of mur~cipal and state bonds ~t~ 16 s~ates plus $190 million financing proposal by the Oklahoma %k~z~ike Authority and ~9 million in tax anticipation notes Ln the Commonwealth of Pennsylvania %mrs withdra%~u from the market because of ur~easonabte interest rates". -1- MI~TES SPECIAL CITY COUNCIL. M~]TIR~ November 1, 1966 Mr. Kain stated that whatever problems we may have with our water and sewer system, he could not agree that now is the oime to sell ~dditioD~l bonds. The situation has gone from bad to worse. Mr. I~ain quoted the following from Mr. Reilly's letter: '~or your further information~ we have examined the budget for the fiscal year 1966-1967 and found that their budget is in violation of the same 1.25 rate covenant. Of course, the revenue budget is ve~y close to the engineer's estimate, but their operation expenses again are way above the estimate of the engineer. Here again they are in violation of the rate covenant and if the matter is not willful then it is one of negligence." Mr. K~.u ~tated tt~at if the city is in any difficulty on these Bonds, it is not willfttl and certainly not negligence. He said he could tak~ only the strongest issue with such a line. He said it indicts him as city manager and thinks it indicts everyone who ,has worked very hard to make this th~og valid and to operate. ~[r. ~adsen stated that everyone on Council participated in this budget and agreed to sign the budget. He stated that the area has had excessive rains which has cut the revenues down and also additional wells have been drilled which has cut revenues dov~ again. He stated their iutentions were not negligence. ~Lr. KaLu stated tb~t i~ there is any discrepancy, he feels it can he worked out. He said ,he did not specifically know what Bache and Co. want and if the city ~re told what steps to take frc~ a practical standpoint that they would be taken. Mr. Madsen said he did not feel that there w~ll be any trouble in working out the details to the satisfaction of Bache & Co. or anybody else. He felt the city should invite all of them here to discuss this and find o~ more about this situatio~ It v~s suggested that ~. Alcock, Mr. Reilly and Mr. Hawkins be invited here to discuss the m~tter. Mr. Kain recommended that Mr. Alcock, as well as someone who can speak authoriatively for Bache & Co.~ ~irs. ~11ace and Mr. Hawkins be ~_~vited to discuss tkis matter. Mr. Banks asked if it is the intention that this man from Bache & Co. come down here at their expense or the city's expense. If he is ~llling to come at his owr~ expense, he ~ould be in favor of it, if it is the city's expens% he would not be in favor. He stated that the last report from Mrs. Wallace showed that the city was only short approximately $6,000 of the $38,750 needed to make the one-quarter over 100 per cent. ~Lr. Kain stated that this thing has been generated by this company that represents a substantial interest in these bonds. Mr. Alcock was brought MINU~S SPECIAL CITY COU~o3-_b ~I~G l~ovember !, 1966 in because they know him. He feels it is going to be advisable to speak with ~h~. Alcock and someone from Bache & Co. He feels this is a situation that the city has to respond to Guickly ~ud directly and thinks it deserves an ~.s~r ss soon as it is kno~ specifica~y what they want to know. Mr. Kain ~t~ted ~gain t~t it is n~t a willf~ or nsgligent act on the part of the city. He said he feared ~hat it would do to the eity:s credit stand- lng ~s well as to our public countenance. He feels that ~ consultation with the facts on the table would be better. ~. igsin said he feels the city has been embarrassed o~Uecessarily and unrightly. ~Ir. Boos said he felt it would be wi~e to have the air cleared and have them point out. if the city h~s been dereliot~ if we have been, ~ud to clear the ~ir. T.his ~ould be worth ~ach more than the few hundred dollars tha~ we might hzve to spend to get them here. ~r. Kain ~tated~ at this point, he woul~ be willing to bring them down here at his owa expense. Mr. Boos m~zed that the city manager be authorized to invite ~.ir. Alcock and a ~ ~-esen~a~.~e from Bache & Co. to come here and assist the city in this matter. M~r. Collins seconded~ ~ne vote was & - For and i - Against. Mr. B~a~ks voted agair, st this motion stating that it is all right ~_th him for them ~o come ao~m here~ b~t he thiuks the~~ s~uld pay their own w~y. Street Prog~r_e~.T~_-_~9£~ton B~ach - 1_~966-19o7 Mr. Kain stated that in order that N. E o - N. t~, 17th Avenue may be quali- fied as ~ Lnterchaoge ooLut Lu the 1-95 route, it ~dll be necessary to irmorove this road ~ud e~cend it both east and ~st. Mr. Field, ~ and i,[r. Lovfs %,ere asked to attend this m~eting ii% order that Council may have theJ_~, thoughts and suggestions as %o how this project can be accom- piished. ~Lr. Kain prosented a large sketch to show a suggested =~o~te this avenue which wo~id qualify as a primary county road smd which would meet the standards necessary to have an interchange approved at this point. Mr. Kain stated tD~t l~,k~. H~I and l~Lr. Kane were present from the County Engineer ' s office. At this time Mayor i~fadsen recognized Mr. Summers, a candidate in the forth- c omS_ng election. Mayor ~4adsen asked ~. Field if he would grant the right-of-way on his property for this proposed road. M~r. w~ ~ .... ld stated that he had told Boos ~oout a year ago that he would give this right-of-way and $~0,000 - --3-- MI~TES SPECI~L CITY COb~C~ ~T~G ~ove~foer 1~ 1966 for the building of this road, am_d also the right-of-way for the inter- change° l~[r. Moore asked ~. ~-eld if these matters were properly engineered including property east o£ Seacrest, ~ould he execuve the necessary in- s~z~uents leaving th~m ~u escrow pendim~ ~hs fL~alization of this matter. He stated this he ~outd bare to look at~ that he ~r~ld accept ~hat is reasonable and has to be done and the city c~ be assured of his cooper- ation. M~r. ~[oore stated that before any negotiations can be started with the rail- road or the State Road. Dep~artment, t~,at the city should be able to show, at least~ that the necessary instrt~ments are held iu escrow pending the fir~li- zation of this LUterG~e. ~r, Field agreed to this. ~ro Boos smu~ned up the understanding as foilo}~: !_) that Mr. Field wiL~. pro- ~ide the z~ight~of~way ~sterly from Seacrest; 2) that he ~1 provide land for the Lnterch~ge at no cost~ 3) that he ~*~l provide $~,~0 to b~d that westerly road, .w~. Boos ~hen noted that leaves the easterly ~atter to resolve and asked Mr. Field if be would ~ork with ~. Moore to come to some equitable line- age. Mr. Field stated that he w~] ] not contribute any mere mor~y, but if the right-.ef-~m~y can be worked ou%~ he will do this. I~, Field stated that the most important thing of all is to get county baol.~L.mg, He s'bate~ hs is go~ug to, Ta]]ahassee soon because hs has five ~tsrchanges involved on the propose~ ~95 along bne coast, but that he needs the f%~ll cooperation of the county-. Mr. Fiel~ said tb~ f~st thing is to ~ass a resolution asking the Co~mty to participavs to the extent they-~Lll. ~,L~. Boos explained that the Council has already done this: in fact~ several resolutions have been sent to the County, ~r. Field sai~ he would take these and see what he could do dm Tailahassee. Mr. Kain stated that ~a order to get consideration by the Tec~hnical Coor- dinat~mg Com~%~ Stabs Road Department mud Bureau of Romds, there would have.to be s~.~a.~s~of engineer's plah, M~r. Hi]:l-agreed and stated these plans would have to bs substantially tmder~nstruction ,~hen 1-95 comes through. Mr. Kain asked if the County could preoars plans of a quality t.hat would be acceptable to the Stats Road ~epartmsm~ for the city, h~.~-~.. H52al answered yes~ the Board could be asked to prepare them for the city, The necessaz~¥' r~ht-of-~.~v would have to be mn hand s~ad it could be .~s ~ cooperative venture with the city or as a county road. MZ~,FJTES SPEC~L% CITY C001¢07L November i¢ 1966 Mr. Kain asked if it is possib]e that ~he cotunty wo%~ld p~y for the total cost of the const~ac%ion except for ~uhat is being donated by the developers. Mr. HiLl stated that vFna% the Board e~lots for projects is entirely up to tnem,~ but he would take this question back to the Board next Tuesday. Mr. Boos noted that the railroad signals ~we in ~.ud Mr. F~_u stated that Mr~ Field would give the right-of-way add asked ~. Field exactly what the $20~000 is to be usem for. ~ Field replied that tkls is his gift to t~e City of Bo~uator,~ Beach. ~[r, Kain stated Cotuuci! is agreeable to making such e request of the Board if Mro Hill would carts~ it to them~ The city is not iiaa position to undertake such a project. Mm. Zone asked if the County has ever participated in such a project before. Mr. Kain stated that fraud's were budgeted for l~th Ave_uue~ but unfortunately it was diverted~ but 'ohs precedent was set. ~,L.~. Hill also noted this was done when the Turnpike came through, but it is at the discretion of the C o~uu'by C o~missior~ers. Mr, Hill stated that a letter to the ~oard ~..dll be sufficient for h~_m to give them. ~. B~uks me-ced that the city request this participation of the Ootuuty and to Pm~ve Mr, i{a~-u to write this letter of request. M~. McCcy seconded, Mr. Boos stated that he felt PAr. Field and ~[r. Lows and Associates should get wi~h the Cotuuty Engineer and get e~u aligu~en_t of rD_is road so that they %~ll know what is requested of them. Mr. Kain asked Mr. Hill %~at he thought of ~hat approach. M~. Hill answered that the State Road. Department approval should be gotten¢ but how is an aligrmuent entered ir~bo? if the Board did decide to go along¢ it would be with the stipulation that the Federal Government would agree to put in an interchar~e at this poLut, ~. HLll stated that the Oo~auty Engineer's office vdll help in ar~- ~y it c~: except for the physical work. He stated the letter is ~oortant. The align~aemt of this road would h~_uge on the co'~aty~s par'(icipation in making a co.~,~nitment for or agai~¢t dedi- cati-%Z this mousey should everything else be accepted by the State Road Department ~ Motion ~s un~ui~ously carried° Mr. Kain stated he would dictate the letter tomorrow, City Street Pro~r~s~ Mr. Kain stated at the workshop meetJ~g of October 25~ t~ agenda con- tained recommendations for the improvement of four streets Lu the city. These are: N. E. - S. E. ~th Street; Portion of So E, 12th Avenue~ Por- tion of N. E. 8th Avenue~ and Portion of East Ocean A~enue, If the pro- posed program is limited strictly to street %mpr¢¢ements, this could be carried out ~_th the amou~uts that are b~dgeted for this year, Mr. Kain -5- ¸ MI~v~S SPECiaL CITY COUNC?i Novem2osr 1~ 1966 presented a sketch shorting the st.ree-~s Lu question a~d stated he would like to k.~.o~ if any or all are acceptable for inkorov~ment. ~h~. Kain stated on N. Et 6th Avenue, there is ~he problem that 6th crosses 3rd arid r~us ~to private property~ He said he wo~m!d ilks to improve this street by reb~ildirg that alig~ment an~ eiso resurfacing from the track do~ to U.S. lo ~ Eain svrongly recommended that N, E, and S. Et Lth be improvsd by lsveli~ surfacing sa~d some construction. Oces,u Avenue from Seacrest to U.S. l~ the sur£a~e on that road shield be covered. The recommended program provides for resuPfacing s_ud smme levelSmg to bring it up to the st~udard that it is '~st of Seacrest. S~ E. 12th Avenue~ at least t~t portion t~t goes ~_to U.S. I where it jo~us ~th Street, ~ho~d pr~d. So~ side~.~s can be el~m~uated ~d ~ere w~ have ~a~uage, they sl~].d cer~ai~y be 'out Mr, Boos asked if right-Of-way is available for 6th and Mr. Ea~n~ answered that it i% But the street is not built on the right-of~-way and some of the right-of-way is on private preperty, i, Lro Boos asked if the road will be taken off the property it is encroach~_ug on. ~fir. Kain answered nc~ but that there is sufficient right-of-v~y ~ vne south side~ Mr. Boos stated he felt strongly about S. E. ~th Avenue. PLr. BemJ~s also noted t?~t this is a mai~ artery and is the on](f t~rough street from Ocean and ther, the ns~ is 12~h. Mr. Boos suggested that No E. 6th Avenue lay for aaother year a~ud get S~ E, ~th Avenue over as far as 1st Street so that the crossir~ ~]~ be in. It ~s noted tb~t if the bond issue passe% there will bs sor;~m storm drainage there and that ~?~ll br~.~ag it on o~.~er to Seacrss'o~ M~, HcCoy stated ne v. euid like %o see sidewalks .at Pence Park, PP, Boos stated t~% tNese can be assesses, Mr. ~faim_ stated ~he amount budgeted this year for ~hese improvements would be $28~00~ $22:500 im~ streets $2~500 ~or drai~age and $2,500 for side~ks. He stated the city could' get good prices on asphalt tuutil Februarl and ~ou].d like to get bids no~r. ~o P~. McCoy morea/a~a~normze the ~ty ~an~ger to get the proper bids for 1) resurfacing A%h Street~ north and south, from N.E. ~_d ~3.~e. to 12th Avenu% sot~sth~ including the corner~ 2) Ocean Avenue from_ Seacrest to U.S. l~ and ~) S, E. 5th Avenue from the FEC to U.S. 1. F~r. Ba~ks seconded mad it was U~uani~ously carried. Hr. Boos moved that smme~.~l~s and cmrb~ be put in these areas where they ars not, in where the er~mueers indicate and vb~ they be assessed. Barrios se~o ..... d, ]JLr0 Collir_s objected to side-~calks on S. E. 5th ~venue because of the sn~.ll amounz of pedestrian tra_zzc ~ad z~t~a usage of Pence Park. [~. Boos stated he felt that a n~mber of people use thio facility. Motion ~as unanimously carried. Discus siono_f the Se~nita~y______S~sr Construction~ ._~. _._ _~_~ProEr~m - .System.. ~ _m_~B [~Lr~ Kain stated that the original estimate on thio work sbmwed that it would cost $~5~100 to install this system. Because of difficulties in obt&L~_ing easements ~ud requirements imposed on the procurement of thooe easements by the ownero of benefiting properties, pl~s~ the fact that the basic system ~,¢as revised~ the estimated cost is now $68~000. M~o Kain asked the consulting engineers to have reco~er, dations ready whereby this system mk~y be ba~_t at a more reasonable figure. Drawings were presented cad ~-. Klinck of~ussell & .~on explained them in detail. ~ KZLinck read the follo~g letter from Russell &Axon to Council ~ ted ~ as, ~ ~ovem~er 1~ 1966: "In compi'_Lance ~_th the rsoues~ of City }%nager, F. T. Kain~ wm have re- evaluated Se~litary Se~;~r System 5-B for possible savi~s t~at ~o~ld enable the City vc realize a more favorabls ret~n on its capital investments of waver and ~ewer f~ds. i'fith one exception~ all of the properties ~cluded within the ~nticipated service area of Sysvem 5-B are ~uus~odivided acreage, ~zad taxed as such~ with ~o platted s-oreevs open to public use s~ud ?~intenanceo The City, there£ore~ has the option of whether to provide interior se~.~erage facili- ties, as presently center,elated Lu the System 5-B plan, or, as ~ the caoe of e~ny other private property~ makir~ the service ava~e~le to the property line. in th~ latver case~ the propervy mcners ~euld f~mrnish their o~ interior services~ as is customary for all types of oroperty~ including private residencee~ garden apartments~ motels, ce~.z~ercial properties~ and any si~,gle tracts of With this in m~ud~ 3 optional plans have bee~ developed for your consider- ation, bas~ on the location ~d extent of sewerage to ce dnstallsd by the City~ Each o.vtienal plan includes alternates for lift station construction above =~ro~d or ~.sr gro~-~d. S-~v~arized~ they are: Plan ~L..i~Z._~ ~ ~ _~ oe,*~.~a~e L.S, Above ~0o, Beto~ Per Gro~d~ Ground Co~ectio~ I (a) All interior lines ~5,~ 3_~ $580 (b) All interior ]Jmes $68,063 740 II (a) Main a!cDg high%ray $4g,~0 480 ..a~n a~ons hiEhway 61~000 665 ~,,LI~..UJTES SPECIAL CITY CODNCYL Novembez, i~ 1966 L~S. Above - -~ ' r l .... Be~=o~ Per . _Cir_o_~u_~. ___ Grouted Connection $37~o6o $~o3 ~51,460 559 The comparative cosvs of Plans Ii and III~ both to the City and to the property o%mers~ ~ks Plan III the more practical of the two~ because Plan III ~ ~ oa~=s advantage of the natu~al slope of the terrain. All thrse Pl~ns~ with either alternate, ~i1 work Lu au operational sense. OpsratLng ~ud mainte~mce costs ~,~ll vary mn ~h~ same order as construction costs. Your Engineers present these optional Plans for your consideration. We ¢~ um01ement yo~3m decision in any case, SLucerely~ RUSSELL & !aXON CONSULTLNG .ALI\~II .~i~P.~ ~C. /s/ John H~ Kiinck~ P,E. Dmr. ec'~er of Prooect Development There was considerable discussion ~mor~% Co'm, asil mer£oers~ ~. F, Linck s~ud Mr. Lows. Mr. Boos ssgd v~_th some assurances that 92 com_nections are going to be tied ~to the sewer line Ln the immediate future~ he ~outd move to adopt the reccemiended Plmn ~3 if all things are in order as represented and go to bid as soon as practical, i~LTM. McCoy seconded. More discussion follov~d a~ud it was pointed out the 92 co~_uecbions vmre questionable a~ud ~ny other considerations discussed. his motion and }-ir, ?[cCoy ~_thdrew his second., M~. Boos then moved to instruct the City Manager to ~nstrmct the engineers to submit a plan to provide sewerage to this proper~y by ~mat=oever method is accept~.ble and p~o~,ab~e to the city. !ir. Banks seconded° A'fter some Clarification as to 'the monies put into the other two systems and what ms ava:~able and %~at will bring Lu~rodiate res~lts~ Mr. Banks ~;~thdrew bis second and Mm, Boos withdrew his motion, MIN~JTES SPECIAL CIT~J~CiL MEET.TNG November i~ 1966 Considerable d~scussion followed again vrlth ~ l~,m and. l~r, K]i~ck and Mr o Lowe poiuted o~ that he felt -ar~der P~ ~g3 there ~uld be ~ to 92 co~uecti~s in the ~tediate fut~ ~ud that b~s P~s re~ potential, to ~nton ~acb ~n ~he d~veio~ent is co~ol~ted. Mr. Boos moved that Plan I (b) of System, 5-B go for bid if that is the one tha~ conforms ~th the dedications ~ud covenants agreed to in acquiring the right-of-waV~ i~[ro McCoy sec~ndeo_. Mr. Bm%ks stated tD~3 this is the closest section that wo~~ld be practical, i~o~lo~ ~~$ urkg~lJ~lo~sl carried. ~eeting adjo~zrned at 10:~5 Attest: Tereesa ~'adg~~ierk A1,_mson Bmaks~ CounciLm~m