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Minutes 01-05-77M-~TES OF SPECIAL CIT~F COUNCiL ME~TL~G OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY P~LL, WEDneSDAY, JANU~_~Y 5, 1977 PRESENT Joseoh F. Zack, Mayor Emil~ M. Jackson, Vice Mayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Robert B. Reed, City Attorney Mayor Zack called the meeting to order at 4:30 P. M. He an- nounced it was a Special Meeting of the City Council in ac- cordance with Section 56 of the City Charter for the following purposes: 1. Discuss Regional Wastewater Treatment Plant 2. Disposition of Declaratory Decree on Proper- ties Owned by the City of Boynton Beach in Ocean Ridge 3. Discuss City Attorney,s Salary and Contrac- tual Stipulations Discussion of City Attorney's Salamy and Contractual Stioulatiou~ Mayor Zack referred to this being tabled at the regular meeting since it was questioned whether any negotiations had been made ~ith Reed & Smodish. ~. Caldwell moved to remove from the table the discussion and final disposition of the question re- gadding the City ~ttorney, seconded by ~. DeMe~co. Motion carried 5-0. Mr. Caldwell referred to making the tabling motion and stated he would like to explain his reasons for tabling the discussion. He stated he did it primarily to act as fairly and unbiased as possible and referred to previously when the City Attorne~,s position had been a political position. He would like to ele- vate the position to one not quite as political and base it on qualifications as far as fulfillment of the actual oosition~ He would like to give both parties the opportunity ~o be heard regarding their compensation, legal expenses, etc. He would like to possibly ask the present City Attorney, ~. Reed, if he has reconsidered and if he would like to inform the Council as to what he considers to be fair an~ equitable compensation for his services. ~. Reed stated he did not completely ~uuderstand the invitation to take a look at the compensation as well as the services to be performed by the City Attorney. He referred to ~. De~rco,s indication that Mr. Moore was willing to serve as City Attorney and stated he was unclear as to what services would be provided for what su~. ~f this is clarified, he could give a response this afternoon. ~ Mayor Zack ascertained that everyone had received a copy of the duties for the City Attorney presented by ~. DeMarco. MINU~S - SPECIAL CITY COUNCIL MEETING BO_VNTON BE~-CH, FLORIDA JANU~RY 5, 1977 ~. Caldwelt continued that this list as presente~ls~k~s opinion what this City should be looking for as far as ser- vices rendered by the City Attorney. He can_not see anything in the seven items which would be disagreeable to the City. If they can get a compei~mt City Attorney to fulfill these areas, it will establish some guideline for now smd in the future. He is basically trying to avoid open end contracts with the City Attorney, so the City is not open to escalating legal fees as in the past. He exDlained how they must estab- lish monetary aspects. He would iike to direct questions to the men's overall qualifications. He is basically trying to establish a basic guideline for which they can presently and hopefully in the future selecta City Attorney. He wants ~er~ desperately to elevate this very responsible position above petty politics, so ~h~seoffice will be served in the best interest of everyone in Boynton Beach. M~. Reed replied that he did receive the list of seven items. He asked if he 9ould be correct in understanding that the seven iter~ including litigation, appeals, etc., would be done for a gross salary of $25,000 and Mayor Zack replied that this was the general conclusion and M~. DeMarco and ~s. Jackson agreed. Mr. Reed continued that pursuant to the tabling motion at the last meeting, he and his partner thoroughly considered the situation with respect to the amount of compensation as well as services to be rendered. For the reasons he indicated previously at the last meeting, he feels that the compensation budgeted to be paid during the fiscal year 1976-77 to the City Attorney and Assistant City Attorney is a fair compensation. At this point based on the action taken in the discussion at the last meeting indicating the desire on the Council's part to inquir$ of himself and the Assistant City Attorney whether they would be willing to continue in the positions during the nemt calendar year at $25,000 rendering these services, they have reached th~ conclusion that since the offer involved here on the part of ~. Moore involves the services of one attorney, he would be willing to continue as City Attorney on the basis of his rendering to the City these qualifications outlined for the gross salary of $25,000 on the condition that the present Assistant City Attorney, Michael Smodish, would resign. In this offer, the City would have the services of one attorney s~ it did prior to January, 1976. He would be willing to con- tinue as the City Attorney on that basis. ~s. Jackson referred to F~. Smodish having done all the trial work this past year and ~m. Reed disagreed. F~s. Jackson stated that everything was signed by M~. Smodish and Mr. Reed replied that this was not correct and stated that he specifi- cally handled the lime softening case with Mr. Pratt and the bond validation. He added that these two cases came to mind, but he does not have a list with him. M~s. Jackson stated -2- MINUTES - SPECIAL CI~ COU~CiL M~ETIiMG BO.VNTON B~CH, FLORIDA JANUARY 5, 197& that most of the trial work in the other cases had been done by Mm. imodish as they were signed by him and ~. Reed ex- plained how both he and ~. Smodish had worked on the cases that the City was involved in before the Circuit Court. Mr. Strnad stated that at this time in view of the fact they have an attorney willing to accept the job at the suggested fee and they know he has done a terrific job which can be attested to by the department heads, City Manager and Finance Director, he moves to retain the present City Attorney, ¥~. Reed, at the salary of $25,000 per year based on the list of seven items. M~¥or Zack passed the gavel to Vice Mayor Jackson and seconded the motion. Under discussion, ~s. Jackson stated that in the first place, she feels if this same offer had been made last year when this came up, it would have made a differ- ence. The whole year they have been paying $40,000 plus. She then explained how I~. Moore was known throughout the State and stated she felt they would be having something else. She referred to Mr. Reed's statement the other night thai they were looking for cost rather than value and clarified that she was looking for both. Mr. itrnad stated that at this time, he Msitated to bring this information forth, but he thinks it is relevant and should be made a part of the public record. He read an article from the November, 1972, edition of the ~ami Herald regarding Mrs. Jackson requesting an opinion from the Attorney General or Florida League of Cities in reference to Mr. Moore's opinions. He does not remember Nm. Reed or Mr. Smodish having this sit- uation brought to their office. He cont~_~ued reading an arti- cle from the Miami Herald dated November, ~972, referring to ~m. Moore submitting his resignation after a disagreement with ~s. Jackson and he questions now what could have possibly changed Mr. Moore's mind. He questions what has changed be- tween I~m. M~ore amd Mrs. Jackson for her to support him now. l~ms. Jackson replied that a lot has happened and she could add more, but she never questioned N~. Moore,s legal ability. She has questioned Mr. Reed's opinions on several occasions. To drag out newspaper articles is silly, people can be misquoted and can c~ange their minds. If someone can prove they have ability, they should have a chance. She will not hold any- thing against anybody because they have disagreed in the past. Mr. Strnad and ~s. Jackson discussed this further and then ~m. Caldwell interrupted decleming a point of order. Mayor Zack referred to not having received a word of comDlaint from the present City Attorney and nobody having questioned the cases he won or lost. He referred to the euestion having been asked of what they have against this man ~-ud as far as his qualifications, the man has done a satisfactory job. Both men have law degrees and he understands that ~. Reed worked under ~. Moore. He personally does not see why they should be changing firms in the middle of the stresm when the work is satisfactory. MIh~JT-ES - SPECIAL CITT COL~CIL MEETLNG BOTNT©N BEACH, FLORIDA JAb~JARY 5, 1977 Mr. Caldwell stated that he thinks this is being ra~mrodded through by both sides and does not thir~k the qualifications have been considered. He thinks some information should be brought forward as far as the qualifications of both men. He has researched the situation and knows ~r. Reed has done an outstanding Job the past year. He knows the City has some tough legal problems ahead of them. He referred to the law suit regarding Golfview Harbour against the City by ~. Norman M~chaels and stated he would like to know both Mr. Reed's and ~. Moore's opinions of the City's chances in winning this particular case. N~s. Jackson replied that she thought this was u~ethical mud referred to the attorneys being profsssio~als and ~. Caldwell withdrew his request. ~. Caldwell continued that in researehing this, he again states that Mr. Reed has done a good job, but while ~r. Moore was the City Attorney, he did a good job. They will need a man with great qualifi- cations as far as negotiations of Boynton Beach between Ocean Ridge, Delray Beach, D.O.T., etc. He kuows ~. Moore has been considered by the Florida Bar Association ~ an expert as far as municipal law is concerned and told about articles he had written. He referred to this being a temporary posi- tion until a feasibility study was made whether to hire a fulltime attorney and the salary would be $25,000 per year whether it took three months or the full year. He thinks ~oth men are highly qualified but because of the situations which m~J arise in the future, he would like to consider Mr. Moore based on qualifications alone. Mrs. Padgett then took a roll call vote on the follows: Councilman Caldwell - No Councilman DeMarco - No Vice Mayor Jackson -- No Councilman Strnad - Aye Mayor Zack Aye motion as Motion lost 3-2. ~. DeMarco made a motion that ~. Gene Moore be hired as City Attorney based on the seven specifications submitte8 at a salary of $25,000 per year and including the take-over of all pending cases. M~s. Jackson seconded the motion. Under discussion, Mr. DeMarco stated that in all fairness, Mr. Reed is a fine fellow, but since they need a~u interim attorney, Mro Moore is his favorite. ~s. Jackson added that she was glad it was being done this way rather than the way it was done last year. Fr. Caldwell stated that personally it was a tough decision, but one of the under- lying reasons is because he has looked into the litigation pending and complexities involved. He knows both men per- sonally and professionally. It was a very difficult deci- sion; however, they must raise this above politics. He looked over both men's credentials and evaluated the situa- tion. MINUTES - SPECIAL CITY COD-M~CIL .MEETING JAh~JARY 5, 197~ BOYNTON BEACH, FLORIDA Mrs. Padgett then took a roll call vote on the motion as foil ows: Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - No Councilman Caldwell - ~e Mayor Zack - No Motion carried 3-2. Mayor Zack suggested going on record to advertise for a full- time City Attorne2 and Mrs. Jackson replied that she thought they would ~av$ to ~aTe more criteria set up. She thinks this should be glve~ mor~thought. She doesn't think they should advertise right a~ay, but look into the feasibility. She suggests that they watch the magazine and see what other cities the same size as Boynton Beach are paying for a City Attorney for comparison. She thinks they should get in touch with the Florida League of Cities, Bar Association, etc. Mr~ De~a~.~9. made a motion instructing the City M~nager to make a measibizi~y study for a ~ulltime City Attorney. Mrs, Jackson secondedthe motion. Undez discussion, Mr. Cal~well stated that he thought the study should consider the overall costs for ~setting up an in-house fulltime City Attorney in regards to the cost for legal secretaries, law library, salaries, etc. These priorities should be considered in a feasibility study. Mayor Zack added that he should be a member of the bar'for five years. M~s. Jac~on suggested that they write ~W~ ~y.suggestions and give them %o t~e City Ms_uager. ~. =rnmd remarked that he thought they wegelgoq~g to get a Pretty c~ummy attorney for $25,000 to s6r~Ve ~ulltime. >~rs. Pa~tt bhen took a roll call vote on t~ ~motion as follows: Vice M~Jor Jackson - Aye Councilman Strnad Aye Mayor Zack Aye Councilman Caldwell- Aye Councilman DeMarco - Aye Motion carried 5-0. R~. Strnad referred to the Mayor being called last in a roll call vote and Mrs. Padgett explained how she was rotating the roll call in an alphabetical m~ner as requested and referred to Mayor Zack stating at the l~t meeting that he didn,t mind when he was called. Mayor Zack agreed, but stated he preferred to be called last. ~. DeMarco informed her that the correct way would be to rotate according to their seated positions and Y~s. Padgett agreed. Mayor Zack thent~anked M~. Reed for his services. Mrs. Jackson suggested instructmno the City Manager to request M~. Reed to turn over all his papers immediately. Mayor Zack then requested M~r. Moore to sit with the Council. MINUTES - SPECIAL. CITY COUNCIL MEETING BOYNTON EACH, FLORIDA JANIARY 5, 1977 ~.yor Zack then referred to the retainer clause in the agree- ment with }Lt. Reed requiring a 30 day written notice and questioned the action to he taken on that and. F~s. Jackson replied that she has said from the beginning that this is against the City Charter. She doesn't believe this agreement would hold up in court, but would be willing to give ~m. Reed two weeks, salary as a token. The Charter states that the City Attorney serves at theppleasure of the City Council and he is due pay up to today and they could give him an extra week's salary. Me~vor Zack suggested having Mr. Moore check into this agreement and ~m. Moore referred to the City Charter not having Changed and stated that the City Attorney serves at the pleasure of the City Council. MP. DeMarco made a motion to give Mm. Reed two weeks, salary, seconded by Mrs. Jackson. ~. Caldwell amended the motion to instruct the City Manager to write a letter commending Reed & Smodish for the fine services rendered to the Council and once a feasibility study is completeayand it is time for the Council to consider a fulltime City Attorney or keeD it as presently structured, they could possibly then consider him for the position. ~. DeMarco seconded the amendment. ~yor Zack called for a vote on the amendment and the vote was 5-0 in favor. ~s. Padgett then took a roll call vote on the as follows: Councilman Strnad - Aye Councilman Caldwell- Aye Councilman DeMarco - ~ve Vice Mayor Jackson - Aye Mayor Zack - Aye Motion carried 5-0. original motion Disposition of Declaratory Decree on Properties Owned by the City of Boynton Beach in Ocean Ridge M~. Moore informed the Council that he had rendered previous opinions on this and he feels the property belongs to Boynton Beach. ~. DeMarco requested briefing on this for the benefit of the new me~ers on the Council. Mr. Moore explained how the property was divided when the two towns split and advised that the property in controversy was i~u~ediately south of the existing to~n hall ru~ning back about hO0 ft. From his prior research, in his opinion, this does belong to the City of Noynton Beach. He thin~s it can be successfully negotiated. Mayor Zack asked if there was a deed and }~. Moore replied that there is evidence which substantiates the title in the City of Boynton Beach. He added that there was a chain of title obtained and copies of the instruments. PmJor Zack requested that he research this ~nd Pm. Moore agreed and re- quested the file from the City Clerk with the maps, etc. -6- MIh~UTES - SPECIAL Ci~£ CO~3~CIL MEETING BOYNTON B~ACH ~ FLORIDA JA~gJ~RY 5, 1977 M~. DeMarco asked if there was any way for a peaceful settle- ment without going to court and M~s. Jackson asked if it would be worthwhile to have a joint meeting with Ocean Ridge or have the attorneys meet? Mayor Zack egreed this was a good point, but suggested that the City Attorney check into this and re- port at the next meeting. Mr. Moore replied that his opinion would probably be the same. He requested to be allowed to meet with the Town Manager to see if they could work it out. He thinks the simple solution would be to allow them to use the parking lot with Boynton Beach having the title. Mrs. Jackson moved to instruct the City Attorney te research this and meet with the Town Manager of Ocean Ridge. Mr. DeM~co seconded the motion. Under discussion, M~. Caldwell questioned whether they should allow them to continue using the parking lot in the area in question? He referred to hearing rumors that the bottom step of the town hall was on this property. He then asked if D.O.T. put in a bridge and they had agreed to allow them to continue using the parY_ing lot, would this in any way jeopardize their position and M~. Moore replied that he did not think it would. He ex- plained how they had placed signed on the property. He thinks this should be resolved. With Ocean Ridge continuing to use it a~ad Boynton Beach not objecting, this would he an impediment. Also, if it is condemned, he think~ Boynton Beach should get the money. F~s. Ps. dgett then Sock a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman De~urco - ~ye Vice Mayor Jackson - Aye Councilman Strnad - Aye ~yor Zack - Aye Motion carried 5-0. Resolution No. 77-B - Re: Rescinding Resolution 76-TT ~s. Jackson referred to reversing their decision on the bonding agreement on Monday night and advised that they had to repeal a resolution by a resolution. She requested the resolution be prepared as this will come up in court before the next Council meeting. She then requested M~. Moore to read Resolution No. 77-B in its entirety. Moore t~en read Resolution No. 77-B in its entirety. ~s. Jackson moved the adoption of Resolution No. 77-B, seconded by M~. DeMarco. No discussion. ~s. Padgett a roll call vote as follows: took -7- MINUTES SPECIAL CIT~ COb~NCIL ~ETING B0tT~TON BEACH, FLORIDA 977 Councilman DeMarco - Vice Mayor Jackson - ~jfe Councilman Strnad - No Councilma~ Caldwell - Aye Mayor Zack - Aye Motion carried 4-t. Mayor Zack requested that in the future there be notification if there is an additional item for the agenda. Discussion of Regional Wastewater Treatment Pl~t Mayor Zack referred to attending meetings before he was a member of the City Council, but ~s. Jackson ~u~_d ~. Strnad were on the Council from the beginning and he would ld~ke them to give the new members the background on this up until the Chief Executive Officer was hired and then Mr. Canon can con- tinue from there. M~s. Jackson told about it beginning in 1972 when the differ- en~ agencies said they had to go into a regional plant. For a long time, the various ~ouncils fought to keep thase~ ~ See Counci~ ~i~y projects~a~-~eac~h~b~?e~Dewer plant. During 1~73, they Minutes of ~$ weekly meetings with the various agencie~ aaa went over 1/18/77 ~nms time and again ~uud finally in Novembe~ey came up with the Water Quality Management Plan it?~taei~d~e had to " go with Delray Beach. At that time, they appointed ~r. Paul Startzman to work on an agreement with Delray Beach. First Delray Beach w~ated Boynton Beach to be tenants, b~ they dis- agreed. They felt in all fairness, -~ should be ~ equal " ~e~s~-~o. ~n Dece~er, ~973, they had the firstj~i~~ atAtlautic Migh~f~oot2 She advised that she was not on the Council in See 1/18/7~ 197~ and requested M~. Strnad to continue. Minutes M~. Strnad stated that he would rather answe~ q~ go into a lengthy discussion. He asked if tact, questions about the setup, problems, etc.? Mr. questioned just what the problems were and Mayo~ plied that he thought Mr. Canon should discuss ~ suggested continuing with bringing the informat~ date until the Chief Executive Officer was hire~ ~estions than ~ were any Caldwell i Zack re- 'his and .on up-to- Mrs. Jackson continued that the culmination was the Inter- local Agreement between Boynton Beach and Delra~ Beach. After arguing aoout a year, ~' ~ About Rovember, 1975,~theY hired the ~h~f ExeCutive u xicer. S~e ascertained that ~. Caldwell and Mr. DeMarco had receive~ a copy of the Interlocal Agreement suud advised that there a~e some things in there which they ~ave not reached a total agreement on with Delray Beach, but she thinks they can be worked out. They meet quarterly and al- ternate the meetings between Delray Beach and Boynton Beach. Special meetings have been called. ~. Bob Federspiel is representing the Board as their attorney. 1/18/77 Council Minutes -8- MINUTES - SPECIAL CIT~ COb~CIL ~TI~G BO_VNTON BEACH, FLORIDA JANUARY 5, 1977 Mayor Zack stated that this seemed to sum it up pretty well. He stressed that the important thing to remember was that they do not have a moratorium in Boynton Beach, but Delray Beach does and they should be concerned about the facilities. He referred to Mr. DeMarco's previous comments about thinPJ_ug about an additional facility after completion of the original ~hlant and also the phasinglout of the present pleat, which ey objeet to. They are moping to hold onto the present plant in case an addition has to be built and they are not prepared. If they have to phase it out, it will be the City's loss. Fms. Jackson informed them that she met with ~. Hallman this morning and went over the resolution about sequestering funds and he felt they are not asking enough money for this and he is working on these fig~es now a~ud will have them for the next Council meeting. She explained hbw Russell & ~_xon felt they should ask for more as some of the figures included are figures they cannot ask for because they were funded by E.P.A. and the Federal Government and some lignites were left out. Mr. DeMarco stated that he understood that the contract had been let and Mayor Zack agreed. Me. DeMarco continued that he would like to urge a hasty completion. The longer it goes, the higher the labor and material will go. They should get going as fast as possible even if it necessitates special meetings. Major Zack replied that it was supposed to be com- pleted in 720 days. Major Zack announced that he had invit~ ~. Canon, the Chief Executive Officer, and would like him to give some informa- tion. He added that he was in charge of the facilities and represents both cities. He is highly qualified in this work and they are very happy with this gentleman. He requested ~. Canon to discuss some of the problems and why the agree- ments have not been signed yet$ etc. He requested Mr. Canon to please continue with the information since he began. M~. Strnad referred to the permit fees on the list and asked if they were the normal permit fees charged by Delray Beach for this type of construction ~ud Mr. Canon replied that Delray Beach had led him to believe that is so, but he has no w~¥ to dispute it. He has found out that they did not require all the permits for the County Court House. The permit requirements are a delicate situation. From his per- sonal experience, government or municipal agencies have not been required to pay for building permits. This is the first time in his 20 years of experience that he has been told they have to pay for permits. He has made objections, but Delray Beach insists they must pay for the permits. Mr. Strnad asked what would happen if they refused to p~ for the per- mits as a municipality and M~. Canon replied that construc- tion would be delayed and it has been delayed by four weeks already. He explain'ed that he met with the Delray Beach -9- MIS~3TES SPECL&L CITY ~ ' ~ '""- - ~Ob~C ZL ~TzNG BOYNTON BEACH, FLORIDA 1977 Building Official and City Manager and obtained some permits on the premise they would pay for them and present them at a Board meeting. The Board must authorize payment of the permit ~ees. He was able to obtain three per,its, one to allow the trailer, one to put fencing around the area th secure equip- merit, and one to do the roadway paving work for the contractor to d~ive in the trucks. M~. Strnad questioned why they would have to pay the full amount and Mr. DeMarco replied that he did not think they should have to pay ~ny. ~. Caldwell asked if this was brought to the attention of the City Council of Delray Beach and if they had been given the opportunity to rescind the issuance of the building permits at cost to Boynton Beach? He explained how he thought Boynton Beach should approach Delray Beach in an a~icable manner. ~. Canon informed him that this would be brought up at the Board meeting next Thursday night. He would like to make the recommendation then to request Delray Beach to rescind the requirements for permit fees. Mayor Zack clarified that Boynton Beach would have to pey t2½% of the permit fees. M~ Canon informed him that he had requested an opinion from E.P.A. scad E.P.A. ad- mitted that this situation had not come up before because generally municipalities were not charged. ~h~. Caldwell asked if action from the Delray Beach Council would be binding at the Boe~d meeting and Y~. Canon replied that they would get their opinion and explained how they must have seven votes for a majority vote. He added that arj contract not budgeted for must be ratified by the individual City Councils. He e×plained how they had changed their deci- sion when it came before the individual Council and this was becoming a problem. ~irs. Jackson suggested that they not wait until after the Board meeting. She referred to Delray Beach having a regu- lar City Council meeting next week and she suggested that ~. Kohl send a letter to Delray Beach requesting them to consider the waiving of the permit fees and to take action before the Board meeting. ~. Caldwell added that it was in the interest of both cities to get the project underwsy. ~@. Canon agreed with this suggestion, but advised t~at Delray Beach is aware of ~ b ' b ~n~s ~ud he elmeves if they were going to rescind it, they would have done it before now. He added that they are also aware of the delay in construction. Mayor Zack asked if oossibly Delray Beach was holding up the permits until the agreement was signed a_nd t~. Canon stated he didn't think the new Councilmen had full ~ow~edge of what was going on and that he would try to explain. Mr. Canon told about recuesting authorization from the Board to begin negotiations wfth the City of Delray Beach with him to act for the Board to supervise construction and operate the MIN~TES - SPECI~_L CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA plant as called for in Section 10 ~of the Interlocal Agreement. He began negotiations with the City Manager and Mm. Mariott informed him that he wanted him to draw up the basic documents, which he proceeded to do. In January, February sad March, he met with Mr. Mariott aud they concluded an acceptable agree- ment. The agreement was presented to the Board in April, 1976, at a Board meeting. The Board received the report, but did not want to act on it, but wanted to take it back to bcth cities for study. Delray Beach revised the agreement con- siderably and came back to the Board Lad asked the Board to approve their agreement, which he could not recommend. It was ~_u obvious attempt by Delray Beach to control all con- struction without the Board and particularly Boynton Beach. Boynton Beach came back and stated they wanted more inclusion for the Board to have control over what Delray Beach does. Since April, 1976, the thing has been held up. Neither side has agreed to accept the agreement. About t½ months ago, the Board authorized a new committee consisting of ~@. Mariott, M~. Startzman and himself to review the agreement and possi- bly come up with a new agreement more in line with the Inter- local requirements. Mr. Caldwell stated that it was his understanding that the Interlocal Agreement dated December, 1974, was the agreement they were working under presently. He rem8 the signatures and stated that a contract had been reached by the two cities. He referred ~o Sect~.~O stating that supervision shall be by Delray Beach. He referred to the agreement being agreed to ~nd stated he thought their egos were getting in the way of the project. According to this agreement, the City of Delray Beach has to put their men on their payrolls for suoervising the project. It will not cost Boynton Beach s~ythi{g more. Why is Boynton Beach objecting to Delrsy Beach doing all the supervision? ~. Canon replies that he had to really go back and dig into the history of the Interlocal Agreement. Caldwell pointed out that it was agreed to in December, 1974,. and is still binding. Why must both cities start reneging at this time? It will cost fines, etc. If Delray Beach is going to put their supervisors to work, let them. M~. Canon replied that he did not understand. He clarifie~ that Delre~ Beach would be putting their mem on the payroll, but Boynton Beach would have to pay 12½% if E.P.A. pays 75%. ~s. Jack~on asked if~e committee had reached an agreement and added that she did not have the minutes from the Novem- ber 4 Board meeting. Mr. Canon informed her that basically it did and advised that he did forward cooies of the agree- ment. However, there were accusations that it was not drafted in accordance and M~. Mariott came back at the last meeting and said he w~ated to change kls mind age~n. The thing is up in the air again. There is inclusion of another paragraph to clarify the engineering services~situation. -11- MINUTES - SPECIAL CITY COUNCIL ~ETI~G BOYNTON BEACH, FLORIDA J~ARY 5, 1977 ~. Canon continued with stressing that Delray Beach did not agree because they want to supervise construction and operate the plant with no interference from Boynton Beach or the Board. This is not what the Interlocal Agreement says. It is supposed to be a regional project. Mmyor Zack agreed that it should be a 50-50 proposition. ~. Canon agreed but added that Delray Beach wants Boynton Beach to pay 50% and have nothing to say and'they must realize that the one who controls the plant controls the whole regional area. ~. Caldwell referrsd to both ioarties having equal access to the plant at all times amd Mr. Canon told about Delray Beach telling him they would lock the doors to him even though he was hired as the Chief Executive Officer. ~. De~'~zrco sug- gested discussing this at the Board meeting and ~i~yor Zack stated he would like the new Councilmen to be informed prior to the Board meeting. He thir~ks they should be aware of the problems. He has always believed it is a 50-50 proposition and the Boynton Beach employees should be considered for em- ployment at the pl~ut, the same as the Delrsy Beach employees. He understands that Delray Beach wants all their own personnel, so the Boynton Beach men will lose out. ~. Canon agreed this was correct and added that the Interlocal Agreement states that the Chief ExecRtive Officer will do alltthe hiring~ but Delray Beach waders to do it all. Mayor Zaek suggested that the new agreement and Interiocal Agreement be discussed with ~. Moore for input. ~. Canon agreed. Fmyor Zack suggested that the City Manager and Chief Executive Officer meet with the City Attorney to discuss this agreement as well as the Interlocal Agreement ~d the Council members agreed. Mr. Canon referred to P~. Caidwe!l mentioning there were delays in the construction of the plant and advised that there was no delay other than the fact that Delray Beach has been holding up the permit for construction. They have been on schedule since he was hired. He explained how the schedule had progressed ~ud was now delayed because of the permits. Also, Delray Beach told him if they allowed the contractor to go in there, the permit fees would be doubled. ~. Caldwell replied that they could not do that. He sug- gested that if there was something like this in the future causing friction between the two governing bodies that it should be brought to the attention of the City Manager to be out on a Council meeting agenda. There should be a better ~ituation with better communication established. Mr. Canon informed him that he was not aware of the little problems encountered and M~. Caldwell requested that he ms3~e him aware of them. M~. C~uon explained how when the agreement was submitted in April for supervision of construction, he a~ad ~. Mariott -12- MI~TES - SPECIAL CITY COL~CIL ~'"~ETING BOYNTON BEACH, FLORIDA J.~TGAR¥ 5, 1977 agreed they would proceed on the basis they would have the agreement signed and Delra~ Beach was supposed to prosecute construction of the plant. Delray Beach was supposed to get the permits. Delray Beach notified their engineer to proceed with getting the permits, but he noticed the delays and stepped in. It was not his job nor the Board's to get the permits to proceed, but when he brought this to Mr. Mariott's attention, he said they did not have an agreement. Delray Beach assumed the Interlocal Agreement meant one thing, but now find it means another thing, Delray Beach thought it was a means to get to the end for them. Delray Beach wanted E.P.A. to give the grant and they would do all of the building and running of the plant. M~. Caldwell asked if it stated this in the interlocal Agreement and Mx. Canon replied that it stated it is a regional plant. I~. Caldwell referred to both parties signing it and understanding it and stated that it should be legally binding. He thinks both parties should stick to the Interlocal Agree~nent and forget about the subsequent contract. They should stick to the Interlocal Agreement and must get this gaingo Mayor Zack referred to ~. Canon and Mr. Mariott being in- structe~ to prepare the agreement and advised that when it was presented, Mayor Sch~fley request~.dg inclusions before ~ccepting it and Boynton Beach refused. Changes have been made continuously since then. ~. D~rco referred to having an agreement dated December 16 and referred to the statement that in the event the parties did not agree, each party would select one arbitrator ~nd the two arbitrators would select a third arbitrator and these three would decide. ~. Canon informed him that he put this in to resolve disputes and explained how he could not with the Board. Mayor Zack explained how the Chief Executive Offi- cer was put on the soot with representing both cities. He referred to M~. C~_uo~ trying to be impartial, but they have been unsuccessful in getting something agreeable to both parties. He will fight for a 50-50 proposition. ~. Canon informed them that he was preparing his ~nnual re- port for the Board meeting next Thursday. He advised that he has done research on both cities and is compiling this as a background report for this regional problem. Mayor Zack suggested that the two new Councilmen read the Inter!ocal Agreement prior to the Board meeting. Mr. Canon cautioned them about jumping into anything just for harmony. He stressed that Delray Beach knows the one who controls the plaint controls the growth of the regional area and they must reme~nher that. ~. Caldwell euestioned how they could control the growth of Boynton Beach a~d M~. Cenon exolained how they were controlled by a moratorium by the Count~ and the capacity would be li~ted on the influent to the plant. M~. Moore -13- MINUTES - SPECIAL CITY~ COUNCIL ~ETING BOTNTON BEACH, FLORIDA J~UARY 5, 1 977 agreed and added that there would only be so much capacity and Delray Reach could move the lines into their Uusewered area instead of here. Mx. Caldwell asked if there was no system cf checks and balmaces and ~. Canon informed him the Board was supposed to do that. The Board is supposed to m~e sure it will always have an adequate capacity. If the Board is not in control, it is not functioning. Mr. Caldwell asked who would comprise the Board according to the agreement after completion of the p~ut ~d Mr. Canon informed him it would be both cities~ just like in the smpervision. However, Delray Beach w~ats this new agreement eo there is no interference by Boynton Beach and the Board. He referred to M~yor Zack alluding to the fact before about the agreement being pre- sented in April and Mayor Scheifley wanted "responsive to the Chief Executive Officer,, taken omt becmuse they objected to it. The fact is that Boynton Beach has never said they wsaut to do this or that, but they have always said they want the ~oard to do this or that which is the regional approach. Mayor Zack cautioned all the Council members to tistsn at the Board meeting mud not ts~e hasty action until they dis- cuss it themselves. Delray Beach has approved one thi~ug at Board meetings and then change it at their Council meetings. ~en they meet as a Board, they are representing the cities and their decision should be binding. There hs~ been con- flict and he hopes the two new Councilmen are aware of the problems. Mr. Canon informed them that his office was always open to any Board members and he would be glad to discuss it fur- ther at any time. He added that he has had 100~ coopera- tion from the City Manager of Boynton Beach. ~djour_mment Mr. Caldwell moved to adjourn, seconded by Mrs. Jackson. Motion carried 5-0 and the meeting was properly adjourned at 6:10 P. M. -t4- MIA~TES - SPECIAL CITT CODICIL ~MTZNG B0t~NTON BEACH, FLORIDA JAI~ARY 5, 1 977 CITY OF BOYNTON BEACH, FLORIDA Council Member ATTEST: r C~ounc~ Member ~City Clerk Recording SeCretary (Two Tapes) CiYY BOYNTO.N BEACH ce oftheCi~yManager NOTICE OF SPECIAL CITY COUNCIL MEETING, WEDNESDAY, JANUARYS'., 1977 ?~At 4:30 P. M. AT CITY HALL, BOYNTON BEACH., FLORIDA ~In accordance with Section 56 of the City Charter of the City of iBoynton Beach, you are hereby notified of a Special Meeting called ifor Wednesday, January 8, I 977 at 4:30 P. M. for the following pur- poses: 1. Discuss Regional Wastewater Treatment Plant .... May6r Zack 2. Disposition of Declaratory Decree on Properties Owned by ~.~e City of Boynton Beach In Ocean Ridge 3. Discuss City Attorney's Salary & Contractual Stipulations Date: January 4,1977 ~ime: 12 P.M. CC: ~on. Robert B.Reed, ~ily M;(~ackso~]~ Vice-Mayor .... Norman F Strn~d,~-ncztman--~ City Attorney Nz/EWS MEDIA Sun Sentinel, P.B. Post, P. B. Times, B. B. 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