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Minutes 10-20-77MINUTES OF SPECIAL CIT~ COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CIT~ HALL, THURSDAY, OCTOBER 20, 1977 PRESENT Joseph De¥~a~ce, ~0~m¢ilma~ Norma~ ~. Strmad, Cem~cilmam Framk Kohl, mty Manager Tereesa Pa4gett, City Olerk Gene Moore, City Attermey Mayor Rack calted the meetiag te order at 4:00 P. M. amd for ~he following ~mrposes: 1. Approval of Pabtic HearimgMimutes of Oct. 13, 1977 2. ~omsider Ratifi~atlon of Fire ~mio~ Contract 3. Prepose~ ReSelutiom Ne. 77- Re: B~istel S~rinEs Sewage Treatment Plant 4. P~se~ Resolution NO. 77- Re: Sup~ortimg'Sewag~e Plamt Employees 5. Proposed Reselmti~ No. ?~- Re: of the Bough Central Regional Facility 6. Letter from Board Attermey, Robert W. Federspiel, in regards te th~ Operatisms Agreemen~ - SCRWTDB 7. Pre from Dr. Edward M. Eissey - Palm College 8. Ad~mimis~rative % City Manager, Fraak Kohl - Emtramce ~o ChaPel:Rill 9. - Request to Meet wit~ APPROVAL OF PUBLIC ~a~ING. _ MINUTE~ OF OCTO~.w 13, 1977 CONSIDER RATIFIO~TION ~F ~.FtRE UNION CONTRACT ~hemselves. Mrs. Jaeksom moved to accept the agreement and have the proper authorities s~it, s~ee~ed ~y Mr. Caldwell. Under discms- sion, ~ Caldwell aske~d what points the Fire Department was MINUTES - SPECL~L CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1977 concermed about and referred to the traimi~g and officers and Mr. Kohl replied that ~he feels at this time that we have the ~reper traini~g~ He h~ t~ke~ t~ the ~e~. He ~el~ a~e~$ eight me~ ge~g te Oc~a since th~ is what ~e umio~ megetiaters c~e mp with ~ ~ee~ em, w~te~ to ge te PAlm Beach J~ier College ~r~g officer. ~. Cal~we~ ~ke~ a~eut that the ~m~ers e~ go will p~ for the t~ ~ hee~ ~er app~ te ~he Fire Dep~- memt, eeurses. ~. Oaldwe~ ~ke~ l~ the~ were ~ a~ee~n~ abomt the call ~ck times ~d ~. Kohl reD~e~ . ~. G~well ~mestieme~ the p~icy ~ ~ Kohl him tha~ theyme~ were ~en everti~ when P~ Cal~well referre~ te them ~o~ he- ~ state~ ~hat he ~hi~ that ~ ~e~g as , what they employees ~ there be~ ~ and se~ feel the ~egotia~ers er lepers ~ ~o~ ~v~ the repres~ta~iem they mee~, ~. Ee~ state~ te the leaders or ~egetiate=m, these a~e f~e ~ple ~ ~e ~ ~ s~ who t~e tha~ t~s ~ their ~Ea~. ~s. Jac~om ~ it ~ ~eem a lit~le bi~ of gi~e e~ Metlem ~rie~ 5-0. Proposed Reselutiom Ne. 77-GG~ - Re: Bristol~ Treatment. Plan~and Implementatio~ of the Mayor Zackam~om~ced that these two items were incorporated into the one resolmtiomo ~r. Moore read proposed Resolutio~ No. 77-GGG. M~. Caldwell moved for passage of Resolutiom No. 7?-GGG, seconded by Mrs. Jackson. Under discussiom, Me. Strnad stated he did mot think the next to last paragraph wasrela- tire at all. He ca~ almost guaramtee they wilt mot force us to ~andom our plant if we do sot go ahead with the other plant. Nrs. Jacksom replied that we want to go ahead with our present plant and ~he thinks it would ~e foolish te drop that new. Mr. Strnad clarified that i~ the prSpose~ regional plant does ~ot get fimished on schedule, there certainly will mot be a deadline to abamdo~ our plant. If i~ does mot come into operation, he does ~ot think we will have to abandom our pla~ut. Mayor Zack stated that he thlzd~s this is a goo~ resolmtio~. ~ecamse ~he Co~ty is mot going along with the regio~zl plant. He thinks it will make them alert of how we feel. -2- MI~NUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLSRiDA OCTOBER 20, 1977 Mayor Eack csnti~ued that if we accept Bristol Sprimgs now, what hapDens when the new regional facility is completed? He explained how he thomght we should be given 100% or not at all. Hr. DeMareo agreed thiS was a g~ed idea to have om record. Mrs. Jackson added that the E~P.A'. was created by the Federal Govermmemto M~s. Padgett them took a roll call Tote' on follows: Motiom carried 5-0. the motiom as Coumcilma~ DeMarco - Aye Coum¢ilma~ Str~ad - Aye ~e~cilmam Caldwetl - Aye ~iee Mayor Jack, em - Aye Mayo~ Zack - Aye Proposed Resolutiom No. 7?-HER- Re: Smpporti~g Sewage Pla~t Employees Mr. Moore read proposed Re~olntiom No. 77-~HH. Mrs. Jackson moved the adeptiom ef Resolutie~ No. 7?-HHH, secon4~d ~yMr. DeMarco. NO discussion.~ Mrs. Padgett took a roll call vote om the motien as fellows: Coumcilmam Strmad - Aye Councilmam Caldwell - A~e ~ice Mayor Jackson - Aye Coumcilman DeM~rco - Aye Mayor Zack - Aye Motion carried 5-0. Mayor Zack requested a copy of this resolutio~ be given to ~he Utility Director and sewage pla~, se the employees see we are supporting them. He also m~ggested that a ~epy be sent to Mr. J. Eldom Mariott and Mr. Anthony Ca~om. He added that the previous resolutio~ shomld be sent to ~he Oou~ty Commissiomers. Letter From Board Attorney, Robert W. Federsplel, In Regards to the Operations A~reement - SCRWTD P~yor Zack stated that he hopes the Council members reviewed the Interlocal Agreement and digested some of the material. He referred to Mr. Federspiel,s letter amd stated that he re~ched the questioms and arrive~ at the following answer~: ~o Who is responsible for the preparatiom of an orgs~a- tiomal chart for the regiemal facility% Section 3(c)-~ applies to this and states: The Board "shall create employee positions- therefore creates individmal job descriptions amd -3- MINUTES - SPECIAL CITY COUNCIL M~MTING BOYNTON BEACH, FLORIDA OCTOBER 20, ~977 sets up the orga~izatiom~l ch~rt for the regional facility. ge thi~d~s we have discussed this several times and it i~ the responsibility of the Beard te create the positienm. Ne then ascertained there were no questioms~ 2. Who is responsible £er s~affing the operations of the re- gional fas Under Sectlau6(a) - The Chief Executive Officer and removes all officers and employees ef the regional facilit~ mmtess he authorizes a~other officer or perform this fu~ctiem. He clarified that the Officer is responsible. Ne then aster- there were nequestion~. 3. Who is responsible ~r the preparatio~ of the budget operations? Under See~le~ g(h) - The Chief Exeautive Officer prepares the hu~get a~n~ally aud a~ministrates it after adop- tio~ By the Beard and ratified approved by each City Council. He ascertained there were no questions. 4. Who is to control influent valves and meters? ~nder Sec- tiom 2 of Annex I - I~flment metering facilities are to be installed by each City where apDroved by the Board an~ there- after operated, supervised, managed, maintained, repaired and replaced b~ the Boar~o He ascertained there were ne questions. 5. How will payments be made to Delray for its, costs in operation? Payments to Delray are to be made from the budget approved hy the Board and can be paid on a monthly or quar- terly ~asis however is ~eemed reasonable~ He asked if this w~s satisfactory and Mr. Caldwell asked if it was satisfac- tory to Delray Beach. Mr. DeMarce stated that this must be straightened out. 6. ~hat part does the Board play with rege~d to a control factor ever operations~ This qmestion poses the most serious problems for the Board, obviously without control there is no need for the Board° Of course, the ultimate centr~s would be effectuated by creating an Authority which shomld be considered in any agreements to be an eventual goal. A~y agreement short of that goal would require court action te enforce control ever ~peratioms. This has been discusse~ previously at Board meetings. The only way it could possi- bly be done is with a couple Council~embers from each city and £rem the other m'~nicipalities and i~ %urn, report back to the Council. tt would still come back to the respective Councils. ~. DeN~rco suggested sendimg a copy of this to the Delray Beach Council. Mayer Zack state~ that the question all the time is the intent. Mr. DeMarco stated that these explana- tions were good as Delray Beach is under the impression they are going to run it and do as they please. -4- NIN~TES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1977 M~yor Zack explained how there was the possibility of having a tied vote and questioned who would make the decision. Mr. DeMarco agreed that these things should be ~esolved before Eoing much f~rther. However, Delray Beach is adamant about it. He does not thiak we are out of our bounds. He thimks we should stick together. N~ayor Zack agreed that we should be part e£ it a~d referred to the laterlocal Agreement being strictly between the two cities. Mrs. Jackse,m stated that the Iate~lecal Agreement was never fully b~ught hy either city, ~t We ha~ to de something~ Mr. De~rce stated that it was finally agreed ~pen s_nd he thiaks we shem~d follow it. ~or Hack state~ t~at he knows how they £eel a~d knows hew We feel smd i~ possibly ma~ have te be reselve~ i~ court acti~. M~~. Moore infe~med them that if it was met resolved eoo~er or later, a~ai~ to the Mr. Strnad stated that he does mot know how maayt'.Imes we have come up aga~t disagreement o~or this~artiealsr item ia tko Inter s .... ' He thi~w~ esr b?st stand is to ~an~ ~ a~ present us with something. If we don't like it, we do~'~t take it,~ It is mD te them to see the light a~d come areu~ ~e wha~ we wa~ We are ia ~o bind as our sewage plant is ~ all speci- fications. Mrs. Jackson added that has nc sewage treatment ~lant. Mr. De~rce he does not thinkl we are ~mt ef line. Mayor Zack added that the inter- preSatio~ is always the question. ~. Anthony J. Ca, on, Chief Executive Officer, appeared before the ~e~¢il sndetated that it sounds like they are still saying the same thiag which they have been since he came here tWO years ago. This Cem~cil says o~e thing and Delray Beach that he thinks we must make the ~ecision. Mr. Canon continued that he would like te point out that they are saying this is what they want and they are going to st~ck by it. They must get moving. Somebody has to Hive ia and hopefmlly there will he a meeting of the minds between both sides. The requirement i~ to have the Chief Pla~t Operator aboard when 50% completed and that will be in December~ so this must be resolved. He wen,t say which way it should ge. We are coming to a crucial point and the issue will have to be forced. He thinks they should do it now rather tha~ at the last mi mute. If they Wait until Jaauary and there is no Chie£ Plant Operator aboard smd E.P.A. requires am audit, they will withhold their funds. The money is coming back pretty regularly mow. He has not asked either city for money for f~v~ to six months and i~ should continue. 1£ the E.P.A~ does not return the lands ~as they have, it will quickly mount ~ the cities to spend their ew~ mo~ey ~or the construction. There is about -5- HIN~TES - SPEC~.L CITY COUNCIL MEETING BOYNTON ~EACH, FLORIDA 00TOBER 20, 1977 $5,000,000 te $6,000,000 left te pay.. It meams they would he ru~ning out and weald havets wait' to get it back. It will met he in the cities to use otherwise. Mayor Zack replied that Boynton Beach would not pay amy money out as they have a Plant operating amd ~. Camen replied that there is a contract.. Br. DeMarce stated that we have beem hringimg this mp for a 10ng time and ha~e not gotten anywhere. Ii' we have to, we will sit still ~mtil it is resolved. Mr. Oaldwell stated that we do have a contract amd according te the Interlesal Agreement, it states the ~ef Executive Offi- cer will do the hirimg, etc. and he read this applicable sec- tiom~ Hethimks there is a~solutely mo room im that state- ment f~r am isterpretatio~; it is clear. Mr. DeNarco referred te Delray Beach Zack agreed that the point ma~e by inten% and they are to hire he ~hinks we should re- te ear Dredigies in Delra~ Beach that re- gardless em the ~i~tent, ~he law speaks ~ery clear. There is nothing imdieatimg the inten~ ~ther tha~ ~he Chief Executive Officer does the hi~isg amd~ firi~g~ ~ir. DeMarce qmestioned what ~e do if Delray Beach disagrees and Mr. Caldwell re~lied that he thimke we will have to file suit° Howe~er, it will take awhile to get it on the court docket ~er a hearisg. Mr. DeMarco cemmente~ that the ce~- tract will be at a s~alemate. Mr. Oaldwelt suggested making one more attempt to discuss the issue. He is not trying to de amybedy in, but thinks we n~ed a third party interpretation of the agreement, am independemt third pa~ty suc~ as a judge to make the deci- siom on this. Yt womld eliminate the bickering between the cities. Mr. DeMarco remarked that Delray Beach was very adamant at the last meeting. Mrs. Jackson asked if Del~.ay Beach had considered this letter and M~. Oamon replied tha~ they had ~ot as yet. Mrs. Jackson stated that as soon as they do, we should have a special Board meeting. Mayor Zack stated that when the Ohief Execu- tive Officer bromght this i~, he informed him that it must he discmssed by o~r Oomncil first and he feels Delr~y Beach felt the same and then we ~'heuld have a meeting. N~. Caldwell clarified that he did mot want to do it in a hostile atmosphere. ~. DeMarco referred to discussing having the city attorneys and the Board attorney working together to resolve it and M~s. Jackson replied that Delray Beach turned this suggestion dowm. Mr. Boors stated that it was not nec- essary to have an attormey tell what it says. Mrs. Jackson remarked that we are i~ the driver,s seat because they dom,t have a plant. Mr. Msore clarified that the contract Mr. Oa~on is talking about is the monthly draws. Mr. Cal~well stated that it will hurt the plant and the City ~itimately. -6- MIN~TE~ - SPECIAL CITY OOUNC~L MEETIN~ BOYNTON BEACH, FLORIDA OCTOBER 20, 197? Mr. DeMarcs moved to accept Mayor Zack's statements and forward a copy to Delray Beach, seconded by Mrs. Jackson. Under dis- cussiom, Mr. Caldwell asked if they were adJu~icatimg the ereatio~ of an independent authority at some future time and M~yor Zack replied negatively as that would De a last resort. He did ask what would happem if there was a standstill and was told there would have to be a lawsmit. Mr. ~aldwell stated that he did not like the last part of ~is statement eliminating the last six lines. Mr. Caldwell made a motiom to amend by strikimg the amswer ~e Seatiom 6 from the wordm -~f course-. Mrs. Jacksem seconded ~e amendment. Amendment carried 4-1 with Mr. Strnad ~issenti~g. A vote was then take~ om the original motiom amd the motiom carried ~-~ wi~h Mr. Strnad dissenting. At this time, ¥~. Moore requested to ~e excused if no further legal imput was needed and the Ceumcil agreed. Comm~aity Relatioms Board - Request to Meet with the Council at Thio Time Mr. B±ll Cwymar, Chairmam of the Oemmm~ity Relations Beard, appeare~ before the Ooumcil and stated that the Basic reason for requesting a meeting with the Co~ucil was clarification of Resolution No. 77-S~. They would ~asically like to k~ow what the Cemmcil has im mind for the Board im regards to the first ~we items ef the resolutiom stating that the Board is to act as a liaison between the Housing Authority and the people a~d the City Manager and ~he people. He told about the members of the Boar~ being employed fulltime amd having their evemings limiled and not being sure just where they should put their actions or activity. They are looking for guidelines from the Council of what they should de. N~. Cwymar them stated that they feel the Housi~g Authority should take care of their own and Mayor Zack replied that he thimks the Ho~sing Authority is. He tol~ abou~ telling Mr. Johmsom mot to move fast and to take care of the rent sub- sidies first. He qmestions some of the statements made by the Board members regarding the Housing Authority im the minutes and Mr. Cwynar replied that some things came out in typing the way they were not imtemded. Mro Cwynar then stated they were no~ sure what they could do with regards to food stamps amd working with the City Manage~. --7--¸ MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1977 Mayor Zack questioned the original purpose of the Community Relations Beard and Mrs. Jackson replied that it was sort ef a liaison between the Day Care Center and it was for general welfare of heli~ng people~ However, ene thing nobody before ever asked for was money or to be paid. It has always been volunteers. There was never ~ questie~ about the people ~ei~g !raid. Nm. Cwynar replied that they were mot as~g for momey. He told about Mr. Bolden ha~ing a proposal te hire three iadividuals to perform these two services and explaia~d how it w8~ pro~sed to have a secretary in City Hall amd two other of food etc~ Nayor Zack that the City was not in a pesiti~ to have a pai~ Ltaff. He referred ~o the mimmtes memtionimg a pai~ staff d having one f&r the Relations Boar~ a~d Ho~simg Authority te fu~etio~o The Authority shemld ~e lef% out as t~ey are imdepemd~, clarified that i~ was sta~ed in ref Item 1. Jacksem clarified that the intent 'heard e~ auybody, they coul~ con- tact~ the Housing Authority. put en ~he spe~. He ad,ed that this was the nice thiag about having the there and having in the mi~uteso clarified reference to Item 2 ~ertainiug to them being a liaiso~ hetweem the City Manager and people needing food supplements. Mrs. Jackse~ · ciarimfied that it was the Couneml s intent that if they heard this and they should Just call Fm. Kohl. ~. Cwy~s~ stated they were basically looking for an interpre- tation of what actiom they should take~ M~. Belden has a pro- posal to hire three people to take care of these items~ There ha~e been reports from Mr. Albury, Mrs. Girtman and Mr. Bol~e~ that people are concerned because the Building Official comes and says their house will be demolished. The people are scared a~out this and need somebody.. Mrs. G~ma~ has tried to go in t~e e~enings amd talk to the people. However, it is hard with the members working all ~ay to get out in the evenings and do this. ~r. Kohl stated that in regards to the homes being demolished, 95% Of the homes mre not being lived in. He has been called by people in that area to have them demolishe~ 8_md he told about their concern. These are the homes they are trying to demolish. They try to do everything to keep the people in them in the few that cam be sa~ed. Mmyor Zack referred to MINUTES - sPECIAL CITY COUNCIL MEETI-~G BOYNTON BEACH, FLORIDA OCTOBER 20, 1977 ~. Washington cemimg before the Council about this, hut after checking the pictures, it was self-explanatory. Mr. Kohl clarified that they were not trying to push people out om the street. This is false. Mr. Cwymar stated that some people are qmite old and do mot umderstand what is going on. Mr. Kohl continued that mamy homes are being rehabilitated and they are trying to do a good Job. Mrs. Jackson stated that she attended a mmmber of the Commun- ity R~/atiens Eoard meetlmgs a mumher of years ago and told hew the~ had representativ~ from the Police Department, neighborhosd, etc. speak to the people. Mr. Kohl referred to the meals and advised that ~ilsen Recrea- tion Center was being utilized at lu~¢~ time and there is a perssn pic.king up the people i~capacitated. Also, people are ged e~ery might at the ~oat dock. Ee was givem instructions to proceed i~ making these arrangememts and tb~ks o~erall, we are doing a goo~ jo~ for the black area, semior citizens, et¢o Mayor Zack clarified that Mr. Cwymar is trying to pacify the group and de a good Jo~, but he thin, ks the ~lk ef the Board is concerned about hiring someone. Mr. Cwynar referred to Mrs. Girtmsm being quite involved and her time being valuable. Nayor Zack asked if the Council had helped at all an~ ~. Cwynar replied negatively. Mr. ~aldwell asked just what they were loekimg for at this time - a further d~itiom of their duties and .Mr. 6~sy~r suggested that ~. Lefkowitz be hear~ at this time, howe~er, Items I and 2 are their main concern. He added that the public hearing the other night was excel- lent with both sides having an understanding of the prohtem within the Cit~. He thinks a lot of these things could be passed omto the Community Relations Beard with the people complaining. Nayor Zack asked if he meant they should be a complaint committee and Mr. Cwymar clarified that the people could come and the Board would talk to them and show the points and different sides. ~ayor Zack suggested possibly s~adingletters to the people who are concerned about their housing situation. F~. Caldwell stated that the recreational vehicle ordinance was a m~jor concern, and came up again at the last Council meeting and was discussed to some length. A recommendatiom was made to create a Board to hear complaints. This might be an excellent Job for the Community Relations Board. Its name itself seems to hint that it is to get the people think- ing together. From what he understands, directions were given to the City Attormey possibly instead of drafting a new ordinance to work on the old one and incorporate certain regulations to be less restrictive. The Community Relations ~Dard might fit imto this ordinance situation very well. They could hear the complaints. It would get Mr. Kohl out e~ the middle. He explained how the people could brimg -9- MINUTES - $~MECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1977 arguments to the Board and the Board could make a decision with a recommendation to the City Coumcil. Thi~ might be good for the Commumity Relations Board to get involved with. Mr. Caldwell then requested to be excused as he had an a~- peimtme~t. Mayor Zack referred to ¥~. Kohl not having too many problems and Mr. Kohl agreed that he has had only about five during the past five years and thought he handled every one okay except for the last one. tionm Board and the general prabtem ef the whole commumity. He was surprised when he read the'm i mutes of the Community Relations Board. As Mr. Cwynar said, it came out the wrong way. This sheul~ teach us that no minutes should be printed until the Chairma~has a ew them and sign them so there would be no ests that this foil by the Zack replied that this could not be done. M~. that at placeshe has worked, mo minutes ever got printed Before the Chai~mam signed them. Mr. DeMa~co informed him it would Be a violation of the Sun- Shine Law. Mr. Lefkowitm continued that the important thing is there is something lacking in this whole process imrelation~ towhat we are talking about. Being a member of the Community Rela- tions Beard for a short time, ~ow a member of the Housing ~uthority, having had the opportunity to get into the Build- i~ Department and having had a long and cooperative discus- sio~ with Mr, Howell, he is beginning to mmderstand the pro- Blem o~ Boynton Beach. Professionally he is prepared te make some recommen~atiens. The Commumity Relations Board in oper- a2ion is a fine Board. E~ery city, county, and town has a GOmmumi~t~y Relations Board Basically to serve as a buffer Be- tween t~e community and the Council a~ officere. They hold open formms to ge% issues ironed out. This is their function. Mr. Lefkowitz referred to Resolution 77-SS and stated he was ~urpris~d that the Board is supposed to find out about relief, which is mot their f~ctie~. He is speaking for the ~otal pict~re. He is speaking for the Housing Authority now and their function is independent from the City of Boynton Beach, but im fact, it is not because it is dealing with the City ~f Boynton Beach problems. They j~st cam~ot call upon the City for funds for their ~umction. Then, ~here is the Com- munity DevelOpment Board concerning itself with the same problems. Then there is the Building Department concer~ing itself With the same preblems. All fenr committees do not have a sense of commumication Between each other im amy -10- MINUTES - SPECIAL CIT~ CO~CIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1977 organized process way. One does not know what the other is doing and it creates difficnlties. He. proposes immediately that all fomr groups be called together lm a workshop sessiom or a cogitation session so they cam review with each other what they are doing, where to begin and end, etc. E~ery e~e will kmow how they interrelate and the problem canbe taken care of. The people are expressing themselves in frmstration ~ecawse of the ~l~.oblems mot being met. If these four commit- ecs could meeittogether, then a m~ter Dla~ ef operatiom could be set up with the questiom oZ f~nds settled for the operation, office ,1 to be hired, etc. The f~nds are readily ~rem many sources of the Federal Government amd this ishheing done ine~ery city. Fro~ wha~ he see~ here, there is way. ~e first step ia to call all the groaps tog~ a working session cut cf which wilt come a master plsm and working agenda to meet the problems of the people in Boy~ton Beach. ~ayor Zack referred to the Gity Manacer checkiug whether Federal funds are available and Mr. Kohl replied that there are always more Federal fands which cam he ob~aine~ if you apply. Mr. DeMarco asked if any were due i~ this case and N.r. Lefkowitz reptie~ that Federal funds are available for t~is kind o£ work ~roma~y~mher of agencies, eve~ though the Housing Authormty is ~m~'mga direct applicatiem to Wash- ingtom. By the same token, ~t~er F~deral funds are available. He clarified that we are t~c a~eut the p~oples' problems in the poverty area for the me~t part. When talking abemt problems of poverty, he conld s~end a week or two digging up t~tl~s necessary and get the aid of~ Senators, etc. to work out the applications neceSSm~r_y, hut we must have a plam. We must have a specific de,t~i~ed plan welt written to alle- viate the problems in the commmnity. Mayor Sack replied that he thinks the C~ty Manager has a book with the funds available. Proposed Resolution from Dr. Edward M. Eissey - Palm Beach Jmnior College MaYor Zack stated that this was in reference to the Perform- lng Arts Center and what they are proposing to do would cost romghly $12,000,000. They are hoping to raise $4,000,000 through the municipalities and if they do, $8,000,000 would be available from the State. They want to know whether we can contribute information regarding this Performing Arts Center and distribute information. The plans are to locate it at Palm Beach Junior College or the north central area. There have been several meetings held. Mr. Kohl then read the proposed resolution. Mayor Zack added that Dr. Eissey mentioned that nights could be set aside for cemmumity activities. -11- MINU~ - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA 0CTO~ 20, 1977 Mr. ~trnad stated he would not touch this with a l0 ft. pole. He does not thimk the County should get i~ competition with the businesses im the halls which have been constructed for the purpose o~ conventions., FUrthermore, the cost Qf this facility which is supposed to be $12,000,000 is nothing for the amount of money it will cost to keep this in operation lth the staff, mt~titles, etc, To put a drain om the tax- payers of Palm Beach Co~uty without a referendum would be an awful thing to do. Mrs. Jackson stated she th~ks it is a worthy idea. However, the auditorium is in the red all the time~ ~he thinks it is fmne mdea, ~u~ they should raise the money themselves. She would not Be willing for us to give meney~ Mayor Zack stated he ats~ told them it would be a good idea if they raised the money or put it Qn referendmm. He tol~ them we would have nothing to contribute. He would support it on the strength that it goes £or re£erendum. Mr. Kohl informed the Council that he thinks this will be constructed on Donald Ross Road, which is north of North Palm Beach. Mayor Zack replied that he told them he was not interested in the uorth end of the County. Mr. Kohl added that they do have ground there to build a north annex of the college. Mayor Zack clarified that this ~as only a matter of endors- ing the resolution. ~s. Jackson referred to this being for Palm Beach Jumior College and stated she %hought it would be a wonderful idea for the college and the whole Coumty. Mayor Zack added that it was not a local situation, but a County situation. However, we may benefit one way or the other. Possibly they can pass some sort of bond issue on a County- wide basis for $4,000,000. ~lso, as far as the upkeep, he thinks most of it comes from the State Department, ~ut it is tax money indirectly. Mrs. Jackson stated she would he in favor of having another resolution bringing in some of these things and backing them in their efforts, but !~aving out the funds. Mr. DeMarco agreed and added that it should be put em referendum. ~s. Jackson moved to ask the City Attorney to prepare a resolution similar to this leaving out the funds, etc. and requesting it to go to referendum. M~yor Zack requested also incorporating that we would like to have it located in a centralized area and ~s. Jackson agreed. ~. DeMarce seconded the motion. No discussion. Motion carried 4-0. Mayor Zack referred~to their request for a donation to dis- tribute brochures explaining the center. Mrs. Jackson re- plied that she thought we would be foolish to spend money -12- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1977 outside the City limits. We should spend inside the City limits because that is where we collect it. She then made a motion to demy any fiuancial help and requested a letter to be sent. Mr. DeMarco seconded the motion a~d added that he does mot think we should send money out. Mr. Kohl stated he would write am appropriate letter. Motion carried 4-0. Administrative - City t*mnager, Fra~kKshl - Entrance to ~hapel Hill Mr. Kohl referred to the pictures he submitted and told children destroying the eatrances and having to send the Police sut. Fms. Jackson stated that she received a tele- phons call and was advised that aa accident camsed this damage. Mr. Kohl informed her that he checked this and the damage has been dens by about 20 teenagers who meet en this corner in the mornings to wait for ~he sehosl bus. He c~ntlnued that he has been asked to repair them, hut has done this e~ery few months. Mayor Zack stated ~hat this is priwate property and when the street is widened, he thimks D.O.T. shomld take care of it. Mr. DeMarco asked what would happen to the walls when the street is four laned and Mr. Kohl replied that the walls will probably have te come dowa. Mayor Zaek stated that he feels it is private property and we have done minor re- pairs, but now they are expecting us to do the entire job. Mm. DeMarco stated that since it is knocke~ dswm, he suggests using a City truck to take it to the dmmp. Mrs. JacP~sm asked who swns the property and Mr. Kohl informed her that part is the City right-of,way, hut the developer bmilt these. Mayor Zack suggested lea~ing it alsne as it is not our respon- sibility. ~. DeMarce referred to it not lsoW~g good and stated if they agree, the City should remove it. Mayor Zack replied that he was still concerned abo~t it being private property. ~. DeMarco stated that if it is aa eyesore and ~azard, it should be hauled away. Mrs. Jackson asked if there was any kind o~ orgamization who would be willing to contribute to putting up a new one and ~. Kohl replied that h~ j~st ~rought it to the Oouncil,s attention and wanted their recommendation. Mayor Zack stated again that it is private property and M~. DeMarcs referred to there being ~Ose bricks which could cause somebody to get hurt and for the safety factor, he throws it should be ~uled away. Mayor Zack stated he thought it would be a mistake to repair it. F~s. Jackson agreed that part is on our property and somebody could get hurt. Mayor Zack suggested not doing a~y repair work. If it is within our jurisdiction amd is a hazard, he suggests the City Manager make this deeisiom. Mr. DeMarco added that if it is hazardous, it should he removed if necessary.. -13- ~tNUT~ - SPECIAL CITY COUNCIL MEETING B.OYNTON B~CH, FLORL~A OCTOBER 20, 1977 ADJOURN~NT Mrs. Jackson moved to adjourn, seconded by Mr. DeMarco. Metiom earried 4-0 a~d the meeting was properly adjourned at 5:20 P. M. CITY OF BOYNTON RR&CH, FLORIDA Council Member ATTEST City Cler~ Re cording secre~ Tapes)