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12-19-77SpMtg 167 DECEMBER 19, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 Po M., Monday, December 19, 1977 with Mayor James H. Scheifley, presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, and Leon M. Weekes, present. Council member Aaron I. Sanson, IV., was absent. 1. The Lord's Prayer was recited in unison. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. There were no minutes to be approved. 4.a.1. Mr. Chapin stated he wanted to bring Council up to date on the status of the application on the modified filtration, noting it is his understanding that Russell & Axon is seriously considering plans to commence construction with this modified filtration system so that, if this is presented to Council in early January, the con- struction can move forward on some of the things that can be done now; whether it would be lime softening or modified filtration there are some aspects that are identical, augmentors on the aerators, etc. These things, he is hopeful, can be undertaken now to expedite the expansion of the water treatment facility. 4.a.2. Mr. Chapin noted one of the problems with the dredging of sand is the powdery effect and is blown eastward into the landscaping onto A1A. He stated this is a general nuisance problem for the City crews to remove the_sand from the landscaping. Mr. Ken Boerner of the Beautification Committee has suggested that some of the natural sand that has accumulated on the north end of the beach be bulldozed, or moved, and have this sand stockpiled. As the light sand is dredged in, cover it over with the natural sand so there would be a natural covering. This would help to reduce the problem of the City having to maintain the landscaping in that area. Mr. Chapin asked that the City Manager investigate this suggestion, and noted down to East Atlantic Avenue, there is natural sand that has drifted southward. 4.a.3. Mr. Chapin suggested that in April at the organizational meeting, consideration be given to the two regular Council meetings in December so they could be scheduled for the first and second Mondays of the month so as not to have meetings after the second Wednesday of the month. Mr. Chapin s~ated, over the holidays, he will spend time looking at the agenda that is facing Council for 1978 and trying to give some thought to the various problems. 4.a.4. Mr. Randolph spoke in reference to a letter dated December 16th from Boynton Beach City Manager Frank Kohl to City Manager Mariott regarding Boynton's unanimous decision to their willingness to operate the regional wastewater treatment plant at either Delray's interpretation of the Interlocal Agreement or at Boynton's interpre- tation of the Interlocal Agreement. Mr. Randolph noted he is glad to see that Boynton could come to terms as a total Council on something, but he is wondering when the City will respond to this letter. The City Manager stated he is trying to find out what Boynton means by this letter and response will be made before too long. The City Attorney advised Council he has talked with Gene Moore, City Attorney for Boynton Beach, and was informed by Mr. Moore that, as far as he (Moore) was concerned, Boynton wanted to operate the plant. Mr. Weekes stated that tells him that Boynton is not really standing on principal in the matter of the interpretation of the contract, and added they do not trust Delray Beach to operate the plant or that they want to operate the plant themselves. They are not standing on the principal of the interpretation of the Interlocal Agreement; it also tells him that maybe their case is not too strong when it comes to court and suggested that little response be made to that letter until a resolution as to the interpretation of the contract is received from the Court. The City Manager informed Council this case is set for hearing in court on January 18,1978. 4.a.5. Mr. Randolph spoke in reference to security of vehicles and property around City Hall while Council is in session, saying he totally agrees to have security around City Hall; however, he does not wish to see any regular assigned policeman patrolling this complex because he feels there are not enough patrolmen in the City and would hate to utilize one, possible two patrolmen to stand around just to make sure that the cars are not vandalized. He noted his car is insured and this could happen anywhere. Mayor Scheifley noted many citizens and Council members have had their cars vandalized. Mr. Randolph stated this action was initiated by Mr. Sanson. The City Manager noted Mr. Sanson, as an individual member of Council, could not initiate or have policemen assigned to patrol City Hall, only the administration or Council, by formal action, could have this done. The City Manager added the Police Department determined to make the assignment of a police officer sometime ago. Mr. Weekes stated he also approached the subject because his car has been vandalized twice and noted he is more worried about bodily injury than vandalism and would hate to see some citizens or employees, injured in leaving the meetings. Mayor Scheifley stated the point has bee~ well taken and the City Manager will take into ~nsideration the comments made. 4.a.6. Mr. Weekes wished members of Council, the staff, the public and the press a very happy holiday season. 5. There were no public requests from the floor. 6.a.1. City Manager Mariott reported he received a call this date from the County Community Development Program Office saying they were informed by HUD that they must have a modification of all the Interlocal Agreements between the county and the various municipalities in the County by January 4, 1978. The City-Manager noted on page three of the Interlocal Agreement between the City and the County executed earlier this year, in section 6 there is the following change: The effective date of this agreement shall begin October 1, 1978 and terminate, upon completion of the program, provided however, that the effective date shall not begin until after filing of the agreement with the Clerk of the Circuit Court and with the State Department of Community Affairs and receipt of its approval from the State Department of Legal Affairs, provided further that both parties may agree to extend the terms of this Agreement for additional periods of time as may be mutually agreeable. Mr. Weekes moved to make this minor amendment to the Interlocal Agreement, seconded by Mr. Randolph. The motion passed unanimously. Mr. Frank Carey, Chairman of the Planning & Zoning Board, stated he would like to wish Council and the employees of the City a very Merry Christmas and a Happy New Year. 6.b. The City Manager stated Council should consider referring the letter dated December 2, 1977 from Mr. Neil MacMillan relative to American Legion property to the Planning & Zoning Board. Mr. Chapin moved to refer the letter dated December 2, 1977 from Mr. Neil MacMillan relative to American Legion property to the Planning & Zoning Board, seconded by Mr. Weekes. The motion passed unanimously. 6.c. City Manager Mariott stated Council should consider authorizing the firm Of Mudge, Rose, Guthrie and Alexander to review the proposed financing arrangements for the contemplated purchase of Delray Beach Country Club. The City Attorney discussed this matter with John Trimble (Delray Beach Bond Counsel) of that firm on December 14, 1977 and was informed that the review could be done for not more than $500.00. - 2 - 12/19/77. 169 The City Attorney informed Council this was placed on the agenda, at his request, to obtain authorization to have the firm of Mudge, Rose, Guthrie and Alexander, which is the City's bond Counsel, review the financing arrangements for the proposed purchase of the Delray Beach Country Club. This firm specializes in municipal financing and is ordinarily involved when the City issues bonds; the only difference in the proposal being made in the instance of the Delray Beach Country Club and the usual revenue bond issue is the form of the instrument which in one case is a mortgage and in another case, a revenue bond. The concept is exactly the same in the sense that you are limiting the obligation and liability of the City to the property and the revenue produced from the property. There are several ramifica- tions to this purchase that needs reviewing and one of which is the large front end cost that the City'is going to incur and have invested in the property. According to the brochure from the Financial Advisory Board, this cost will be around $600,000. Mayor Scheifley asked if the firm should also review and recommend the financing arrangements for the proposed purchase of the Delray Beach Country Club and noted he received a call from Mrs. Harris' representatives this morning and he (Mayor Scheifley) informed them that the 29 year mortgage aspect was a tentative proposal. The City Attorney advised Council this specific request was limited to reviewing the legality of what has been proposed as opposed to what the firm might recommend. The City could authorize a broader type of inquiry. The City Manager commented that Council could wait to have this review made by this law firm until Council determines the method of financing that it wishes to pursue. The City Attorney replied that would be one alternative and noted the reason why he suggested it was because the Financial Advisory Board had recommended this review. Council agreed to posgpone action until a later date. City Attorney Saberson_~tated, if this particular proposal is not appropriate and we wanted to go the revenue bond route, we would need sufficient lead time in order to have the City's fiscal agents get involved. 6.d. The City Manager recommended that Council ratify execution of'.an agreement with Palm Beach County CETA for Title II positions to be allocated to the City. There are currently 12 CETA Title II employees. This was reviewed by Assistant City Attorney Clifford Shandy. Mr. Randolph moved that Council ratify execution of an agreement with Palm Beach County CETA for Title II positions to be allocated to the City, seconded by Mr. Weekes. The motion passed unanimously. 6.e. The City Manager recommended that Council authorize payment of the City's bills. Mr. Randolph moved to authorize payment of the City's bills, seconded by Mr. Chapin. The motion passed unanimously. General Fund .............. $696,740.73 Utilities Tax Fund ........... 16,848.75 Water and Sewer Fund .......... 732.48 General Fund .............. 920,131.42 Cigarette Tax Fund ........... 22,000.00 Utilities Tax Fund ........... 55,000.00 Special Projects Fund ......... 14,900.99 Lowson Blvd. W&S Project ........ 9,900.00 Water and Sewer Fund ......... 9,373.00 Mr. Chapin moved, at 7:30 P. M. for the adjournment of the meeting, seconded by Mr. Randolph, said motion passing unanimously. · ~ City Clerk - 3 - 12/19/77. 179 APPROVED:  MAfo R v The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of December 19, 1977 which minutes were formally approved and adopted by the City Council on ~_~. ~t /~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minuteS of the City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 4 - 12/19/77.