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Minutes 10-21-91 MINUTES OF JOINT WORKSHOP OF THE CITY CO~MISSION, AND THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATION HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, OCTOBER 21, 1991 AT 7:00 P.M. PRESENT Arline Weiner, Mayor Edward Harmening, Vice Mayor Jose Aguila, Commissioner Lynne Matson, Commissioner ABSENT Lillian Artis, Commissioner COBWRA EXECUTIVE BOARD A1 Miller Paul Gellis Dagmar Brahs Bill Ball Bob Lalime Wilfred Hawkins, Assistant, to the City Manager Yamile Trehy, Assistant City Attorney I. OPENING, PLEDGE, PRAYER Mayor Weiner called the workshop meeting to order at 7:05 p.m. After a moment of silent prayer, Mayor Weiner led the Pledge of Allegiance to the Flag. II. INTRODUCTIONS The members of the the COBWRA Executive Board and the City Commission introduced themselves. Present in the audience were the following members of the Education Advisory Board: Tara Brescia, Sue Delaney, Matthew Bradley, Thomas Sheehan, and Patt Thompson; and Ann Alber of the COBWRA Education Committee. Also present were City Manager Scott Miller; Margaret Newton, NAACP Administration Chair; Norm Bleshman, COWBRA Education Committee; Virginia Farace, Chair of Education Committee of the Chamber of Commerce; and Mike Koretzky of the Sun Sentinel. III. DISCUSSION OF SCHOOL ASSIGNMENT AGREEMENT Tara Brescia and Sue Delaney approached the podium to discuss the agreement. A. Purpose of Agreement Ms. Brescia explained that the Education Advisory Board feels an inter-local agreement would be necessary in order to achieve racial balance in the schools. This is an agreement with the City and the School Board to attempt to naturally integrate the 1 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 schools. This is also an attempt to avoid busing and allow the children to attend neighborhood schools. This plan is similar to those being followed by other municipalities. Ms. Brescia pointed out that the first part of the agreement is generic. The second part is called "The Plan" which is the part the City will agree to set up. B. Purpose of Joint Agreement - City and COBWRA Ms. Delaney stated that we will be trying to go from east to west and join forces with the unincorporated area which is quite dif- ferent from other communities which have contracted with the School Board. It is her feeling that the schools will be unified by doing this. She further explained that the children east and west are bused east and west and north and south. This agreement will attempt to limit the north and south busing. Ms. Delaney pointed out that being unified under such an agreement will help in our stand when seeking a new high school. It will also help racially balance the schools and in saving the coastal schools and the middle school from being bused north and south. COBWRA and the City will benefit from such an agreement. She suggested this agreement include the unincorporated areas. C. Content of Agreement It was decided that Mayor Weiner would read the Agreement and would stop for any suggestions, additions, corrections or dele- tions. Paragraph #1, Page 1 After reading the first paragraph, Ms. Trehy stated that if the unincorporated areas are added, it would be necessary to add the Palm Beach County Board of County Commissioners to this paragraph. She further explained that the governing body of the County would have to agree to enter into this agreement. In response to a question from Mr. Bleshman, Ms. Brescia stated that the agreement will cover areas which are not presently existing in the COBWRA area. Paragraph #2, Page 1 There were no problems with this paragraph. Paragraph #3, Page 1 Sue Delaney stated that if COBWRA is permitted to join this agreement as COBWRA, wherever the "CITY" appears, she asked that "and COBWRA" be included. Ms. Trehy suggested that rather than "the CITY" in the last line, it should read, "within the defined area". MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 Paragraph #4, Page 1 There was no problem with this paragraph. Paragraph #5, Pages 1 and 2 Sue Delaney requested the first sentence be changed to read, "the City and COBWRA". Paragraph 96, Page 2 Sue Delaney asked that the sentence be changed to read, "the CITY and COBWRA"... Ms. Newton asked for clarification of this paragraph. Ms. Trehy explained this is a term saying it will be put in writing so that the parties can read and understand what they are agreeing to. Paragraph 97, Page 2 Sue Delaney was not aware if COBWRA has a Comprehensive Plan. Ms. Trehy explained that Chapter 163 delineates governmental entities which are responsible to create Comprehensive Plans. A~sociations are not included. It was suggested that Palm Beach County's Comprehensive Plan be added. Paragraph 98, Page 2 There was no problem with this paragraph. ARTICLE I - Section 1.01, Pages 2 and 3 Sue Delaney requested that the word "CITY" be changed to area where it appears in the paragraph on Pages 2 and 3; and that the third sentence be changed to read, "...public school population within the area...". Ms. Trehy agreed to the changes with the exception of the last line of the paragraph. It should be changed to read, "...affordable housing opportunities within the CITY and govern- mental entities. ARTICLE II - Section 2.01, Page 3 Sue Delaney asked that "and COBWRA" be added to the first sen- tence after "CITY". 3 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 Mr. Bleshman questioned COBWRA's law. has no law. It was pointed out COBWRA Ms. Trehy pointed out this is a general statement that compliance and implementation will take place. Mr. Bleshman knew the City has the right to do these things within the City, but questioned whether or not the City could do the same in the COBWRA areas. Ms. Trehy responded that the City does not have those powers and that is the reason for possibly adding the County as a third party. Ms. Newton questioned why there is a residential delineation. After discussion, it was decided to delete the word "residential". ARTICLE II - Section 2.02, Pages 3 and 4 Ms. Trehy stated that line 6, CITY corporate limits should be changed to read, "area". Sue Delaney again requested that "and COBWRA" be added. Ms. Newton referred to the last sentence with regard to being permitted by law. She questioned what law this encompasses. Ms. Trehy stated this is a general statement which means the plan will be implemented legally. This would encompass federal, state and local laws. ARTICLE II - Section 2.03, Page 4 Commissioner Aguila suggested the effective date be changed to read, "...the 1992-93 school year..." Sue DelaneY asked that a change be made to the sixth line to change the word "CITY" to "area". She also suggested that line 8 be changed to read, "...area boundaries." After much discussion, it was decided to remove everything after the word boundaries in line 8. The last sentence on Page 4 will be kept in the agreement with changes to read, "The only excep- tion to the exemption will be for students reassigned due to the opening of new schools or to relieve overcrowdinq except that a student presently assiqned to a school outside the area may, at his/her option, remain at that school." Ms. Newton clarified that there is an option for parents who wish to send their children to schools outside the area. Mayor Weiner told Ms. Newton that she will receive a copy of the new draft of this agreement. 4 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 ARTICLE II - Section 2.03, Page 5 First Paragraph - It was suggested by Commissioner Aguila that the date be changed to December 31, 1992. Sue Delaney also suggested the paragraph be changed to read, "...the CITY and COBWRA. Ms. Newton pointed out that this would be in direct opposition of the Poinciana problem and if this is adopted, the City will not have "a leg to stand on". Mayor Weiner stated that the "leg to stand on" with regard to Poinciana is probably an illusion. Mr. Bleshman disagreed. At a meeting with Dr. Monroe, he felt it could become a school of choice if there existed something to encourage vibrant education at that location. Mr. Bleshman suggested encouraging the School Board to keep Poinciana open if it could be made more educationally inviting. Ms. Brescia responded that the Education Advisory Board is addressing this issue. The last sentence should be changed to read, "...BOARD will assign students from the area...". Second Paragraph, Page 5 - The word "quarterly" is to be removed from the first sentence. Mr. Bleshman questioned how the City can bring the population to the required level. It was pointed out that as long as this agreement is entered into together, compliance can be met. After this discussion, it was decided that the date should be changed to September 30, 1993, and the word "citywide" should be changed to "area wide". Wherever the word "CITY" appears in this paragraph, it will be changed to read "CITY and COBWRA". Ms. Trehy questioned Wilfred Hawkins with regard to if the COBWRA area falls out of compliance, but the City area maintains compliance, would a severance be desired in order to maintain the City's exemption, or, if one falls, do both fall. Mr. Hawkins was not able to answer at this point. Commissioner Aguila feels that working as a whole, if one doesn't make it, then none should make it. He also suggested this be entered into as one group to determine a history. Ms. Trehy will include both as one area and one entity. Sue Delaney stated that by the monitoring system, everyone will be aware of what is happening. Third Paragraph, Page 5 - The first sentenCe will be changed to delete the word "CITY" and add the word "area". The third line will be changed in the same manner. MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 Ms. Trehy suggested the first sentence be changed to read, "...the area meets with the requirements set forth in the agreement...". ARTICLE III - Section 3.01 Terms - Pages 5 and 6 There are no changes necessary to this paragraph. ARTICLE III - Section 3.02 Termination - Paqe 6 Under "A", the sentence shall be changed to read, "...The area does not meet the requirements...". Under "B", Ms. Trehy will make the changes necessary to keep the agreement consistent. She will change the word "CITY" to "area" where necessary. Ms. Newton questioned the length of time being allowed for reporting. Commissioner Aguila pointed out that the Superintendent allows the four quarterly reporting periods. This paragraph references the second paragraph on Page 5. Ms. Newton feels too little time is being given. Ms. Trehy explained this agreement is consistent with other agreements in the area. Ms. Newton insisted that enough time is not being afforded to achieve racial balance. She stated she will take some of the problems which have surfaced back to the NAACP for discussion. She suggested more time be afforded. Ms. Newton stated that no inter-local agreements have been accepted by the Office of Civil Rights as of this date. Commissioner Aguila suggested returning to Page 5, Paragraph 2 and changing the sentence to read, "...The Superintendent shall monitor and report...". Also, change the last sentence to read, "...the CITY and COBWRA shall have two annual reporting periods...". Also, change "B" on Page 6 to read, "...after the two annual reporting periods...". Ms. Trehy suggested Mr. Hawkins contact the School Board to be sure they will be receptive to this change in reporting. ARTICLE IV - Section 4.01 Indemnity - Page 6 Changes were made to line 4 to read, "...and the area be made a party thereto or the parties' right to perform under the Agreement or benefits to be derived by the parties...". Dagmar Brahs wondered what would be the grounds under which a suit could be filed. Ms. Trehy stated that it is possible there could be constitutional claims. She pointed out that the NAACP or OCR (Office of Civil Rights) could challenge this agreement. 6 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 Mayor Weiner asked Ms. Newton whether or not anything has occurred at the NAACP to date which might bring about a law suit. Ms. Newton stated she would have to go through the agreement thoroughly and come back if there were any exceptions. Ms. Newton stated there would be no law suit from this area. She requested that she be included in the work on this agreement. Since the County is involved, Mr. Gellis wondered whether the County or COBWRA would become involved in litigation. Ms. Trehy stated that if there were litigation, it could include all par- ties. Dagmar Brahs pointed out this is being done for the good of the children and couldn't understand why anyone might bring a law suit. Ms. Trehy will reword this paragraph. Mr. Gellis wondered if the City Attorney would represent all par- ties. Ms. Trehy stated that there may be a conflict problem which would make that impossible. Matthew Bradley stated that Boynton may be in a unique position because the areas adopted in the agreement in the west do not have large black populations. He felt a precedent may be set. Mayor Weiner pointed out that the NAACP has the same goals as we have and the disbanding of Poinciana School precipitated this agreement. Ms. Brescia clarified that this is not precedent setting since there already exists some developer agreements with coastal schools including Riviera Beach, and West Palm Beach. Section 4.02 Governing Law - Page 7 Commissioner Aguila added "the State of Florida" to the third sentence. Section 4.03 Waiver - Pages 7 and 8 Ms. Trehy stated this paragraph means that if a violation of the agreement occurs from one of the parties and the other party doesn't catch, it does not waive its right to enforce the agreement. Section 4.04 Severabilit¥ - Page 8 There are no changes to this paragraph. 7 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 Section 4.05 Further Assurances - Page 8 There are no changes to this paragraph. Section 4.06 Entire Agreement - Page 8 There are no changes to this paragraph other than removing one zero from the Section number. Section 4.07 Binding Agreement - Pages 8 and 9 The first line of Page 9 shall read, "...may not be assigned without consent of any Party...". Section 4.08 Acceptance - Page 9 There are no changes to this paragraph. Section 4.09 Notices - Page 9 AS TO THE BOARD - The word "The" should be added before School Board of Palm Beach County. AS TO THE CITY - City Manager Miller suggested the notices be directed to: Mayor, City of Boynton Beach instead of J. Scott Miller, City Manager. With regard to the next to last paragraph, Ms. Trehy stated that one copy could be kept on file at the City. COBWRA shall be added with notices being directed to: President, COBWRA, P. O. Box 3343, Boynton Beach, FL 33424 At the bottom of this page, under THE SCHOOL BOARD OF PALM BEACH COUNTY FLORIDA, add THE CITY OF BOYNTON BEACH, and COBWRA. EXHIBIT "B" Ms. Trehy suggested eliminating the title, "Interlocal Agreement Between The Palm Beach County School Board and The City of Boynton Beach". The first paragraph should be changed to read, "The City and COBWRA...". Introduction Ms. Trehy suggested that the statistics be kept in two separate paragraphs, one for the City and one for COBWRA. MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 The statistics recorded do not reflect the 1990 census infor- mation. The figures will be updated when that information is received. The same statistics are needed from COBWRA. Mr. Miller said this information is not available. Sue Delaney can get information on the school populus and Mr. Miller can supply the square miles and number of housing units. Ms. Brescia stated Mr. Johnson will supply information in early November with regard to SACs. Study Area Codes The word City will be changed to area. Comprehensive Plan The County's Comprehensive Plan should also be added to the first sentence. In the second paragraph under this heading, change the word City to "area". Code Mr. Miller wondered if everyone understood that all senior housing is eliminated from this category. Mr. Hawkins wanted to be sure that the Board and Commissioners understood the philosophy of this item. Commissioner Aguila agreed with the philosophy but does not believe it is realistic. It was the general consensus of the Commission that they would do their best to encourage the conditions set forth in this item. MA. Newton wondered whether the City would enact a fair houSing ordinance. Vice Mayor Harmening would oppose such an ordinance. Mayor Weiner does not feel such an Ordinance belongs in this agreement. Annexations Mayor Weiner asked how this would apply to the County. stated this would not be applicable. Ms. Trehy Previously Approved Residential Developments Under Paragraph 1, the word City shall be changed to "area" in the first sentence. Ms. Trehy is unsure whether the second paragraph is enforceable. Unless it is part of the body of the agreement, it is unenfor- 9 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 ceable. The School Board would have to agree. suggested removing this entire paragraph. Ms. Trehy Commissioner Matson questioned what could be done if there no longer was a developer in the communitY. Mr. Hawkins stated there is not much which can be done. With regard to VII, Ms. Trehy suggested removing the second paragraph under VII. Ms. Trehy will work with Mr. Hawkins on developing another exception to the exemption. Adult Residential Communities Bob Lalime explained that communities 55 years of age and over are now referred to as seniors communities, not adult. Mr. Gellis stated that a form must be submitted to the Federal government so that communities can be recognized asa seniors communities. Dagmar Brahs stated that communities such as Platina do not say "adults only"; however, there are only two families in the entire community with children. The community will automatically becomes a seniors community if 80% of the residences have one adult 55 years of age or older. The second line of this paragraph should be changed to read, "...that conform and are recognized by Federal criteria...". Also change the word City to "area" in the last sentence. Marketing Paragraph 1 Mayor Weiner feels this paragraph is the "heart and soul" of what is being attempted. It is important to market new housing so that schools can be racially balanced. Ms. Brahs stated that Wellington advertises with a billboard which depicts a black family. The important step is to get black and white families to live together to achieve a racial balance. Paragraph 2 Bob Lalime suggested changing Pratt & Whitney to Motorola. Financing Mr. Hawkins stated developers can help and pointed out an example of developers who agree to pay the points for a new resident to make the move in easier. 10 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 Future Maintenance and Enhancement A. No changes necessary B. No changes necessary C. No changes necessary D. Remove the word majority from the first sentence. E. No changes necessary F. Change the first line to read, "...with the School Board..." The last sentence should read, "...and School District offi- cials and other interested parties." No changes necessary Go IV. CONSENSUS OF JOINT SCHOOL ASSIGNMENT AGREEMENT Sue Delaney pointed out that there is no indication as to COBWRA's plan. Mayor Weiner stated that COBWRA's power is unknown at this time. Mr. Hawkins suggested COBWRA pick areas they wish to participate in. Ms. Brahs referred to Paragraph "E" and wondered if a "Welcome WagOn" was being suggested. Mayor Weiner explained that the Task Force on Children and Youth has already begun such programs. The permanent Advisory Board on Children and Youth will begin in January. It will be their job to handle this task as outlined Under Paragraph "E". She also stated that one of the goals being set for the Task Force on the Elderly is the development of inner city transportatiOn. Sue Delaney requested that "C" and "D" be incorporated into the western area, and that "E" incorporate COBWRA into that package. Mr. Gellis suggested the Chamber of Commerce also be included under "E". Mr. Miller asked that the record reflect the arrival of David Roberts at 7:30 p.m. Mr. Miller stated that COBWRA is happy to be participating in this discussion. COBWRA will discuss their legal liabilities with regard to this agreement. They will work closely with the County Attorney. When the Executive Board approves this agreement, it will go before the delegates for final approval. Provided all legal questions could be answered, final approval would not be forthcoming before November 20th. Lengthy discussion ensued with regard to the time frame. It was determined the City needs to adopt the agreement and then pass a Resolution. The City can meet the time frame. Ms. Brescia 11 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 stated it was necessary to submit the agreement to the School Board by the end of November. Mr. Miller did not believe he would be able to put this on COBWRA's November 20th agenda since that is a special workshop meeting. Ms. Trehy stated that time is needed so that she can get answers with regard to who the third party will be. The major amount of time will be taken talking with the School Board and the County to decide on the third party issue. Commissioner Matson stated that before voting, she also wants answers to the questions regarding how established communities will be dealt with when there is no developer. Mr. Hawkins said new developments are the focus. Mr. Miller wondered what would happen if this agreement could not be consumated by the end of November. Ms. Brescia stated that the reason for getting this in by November is that the School Board redefines boundaries in January. Mr. Miller pointed out that COBWRA only received notice of this on October 16 with no prior knowledge of this project. COBWRA is at a disadvantage at this point. He wants to cooperate but the time frame is very tight and he will not be rushed. Mr. Gellis pointed out it will be impossible to meet the deadline of the end of November because the COBWRA Board will be unable to return this until December 18th at the earliest. Ms. Trehy stated that part of the time frame and concerns she has will need to be answered by COBWRA. It is important for her to know what type of organization COBWRA is and they may want to check their status for liability and other purposes. The City will need to know this information to present to the School Board in order to get an informal approval of the group being a party to the agreement. A copy of the bylaws was given to Ms. Trehy. Mr. Hawkins will contact the School Board to determine which entity they will accept. Ms. Trehy suggested that she could draft a new agreement leaving the third party blank. Commissioner Aguila suggested going forward with this and if a problem develops at the end of November, that will be the time to deal with it. If this cannot be worked out this year, it will be worked out for next year. Mayor Weiner advised all to direct any questions or problems to City Manager Miller. 12 MINUTES - JOINT CITY COMMISSION/COBWRA WORKSHOP BOYNTON BEACH, FLORIDA OCTOBER 21, 1991 V. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:25 p.m. ~cording Secretary (Three Tapes) THE CITY OF BOYNTON BEACH ~ / ~/./~J Mayor / Vice May~ ~~~~t~/ ~Co~~ner ~' Co~issioner 13