Loading...
Minutes 08-04-76MIkrJTES OP SPECIAL CITY COUNCIL }~ETING OF TS-~ CITY OF BOYNTON BEACH , FLORIDA ~ HEL~ I~ CITY HA~ , WEDNESDAY ~ AUGUST 4, 1 976 PP~SE~ Joe DsLong, Mayor Joseph F. Zack, Vice Mayor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoman NormauF. Strnad, Councilman Frauk Kohl, City Manager Robert B. Reed, City Attorney Teressa Padgett, City Clerk Mayor DeLong called the meeting to order at 3:00 P. M. and an_uounced it was a called special City Council meeting by the M~yor requested by the City ~ttorney insofar as there is a time lib_it regarding advertising for referendum. He then announced the Agenda was as follows: 1. To consider the final reading of proposed Ordinance No. 76-32 relative to the special referendum elec- tion. 2. Any other business that might rightfully come before the City Council and the following two items have been brought to his attention: a. Representatives from Village Royale on the Green have requested an audience with the City Council and they will be heard. D_~scussmon of the Regional Wastewater Treat- ~e~tr. Construction ~greemen~~ ~ p~oposed 'oy the City of Delr~~ Beach. Proposed Ordinance No. 76-32 - RE: Special Referendum Election ~. Reed read proposed Ordinance No. 76-32 by caption only. M~or DeLo~ asked if anyone present wished to speak in favor of this particular ordinance and received no response. He then asked if a~yone wished to speak in opposition and re- ceived no response. M~. Zack moved the adoption of proposed Ordinance No. 76-32, seconded by Mr. Strnad. Under discussion, M~s. Jackson re- ferred to the preamble allowing for the staggered terms of two years for Civil Service ~md stated that it should be three years for the Council elected members also. Meyer DeLong agreed ~nd asked if ~. Reed could t~d~e care of this. He clarified that it stated staggered terms of elected and it should also include the appointed members by the City Coun- cil and elected members by the employees. M~. Reed informed him the only reason that it is not mentioned in this parti- cular ordinance is that is the way it is in the present Char- ter section. It would do no harm to add it, but the intent is to set up a Civil Service Board with a staggered term basis ~ud this would be accomplishes with the two year terms. MINUTES - SPECIAL CIT~ COUNC~ I~TING BOYNTON BEACH, ~ LOR~DA AUGUST 4~ 1976 Mr. Harmening then asked what provision was made in case the primary election failed and M~yor DeLong replied that they would be guided by their present rules. Mr. Reed added that if this failed, they would have a municipal primary election. If changing the date also failed, it would be held under the Charter now. If the second Tuesday in Me, ch passed, it would be incumbent uoon the Council to amend the Charter by ordinance. P~. Harm~ning stated that under Home Rule, they canner amend the Charter on an election process. Mr. Reed stated that if the provision on the question of whether to have primaries or not failed, then they would have primaries. If the question of the mu~mcipal el~ctmon da~e passes, then it will be the second Tuesday in March with primaries and the Charter ~mst be amended. He does not see any need for a separate referendum,to ask whether to have primaries two weeks before the election date. Mrs. Jackson suggested including if the proposition fails about the pri- maries, there would be a primary two wee~ preceeding the election. Mr. Reed replied that he didn't think any harm would be done, but he doesn't see any neoessity. If the proposition fails, it obviously me~us tbs electors want to continue holding primary elections and the date would be ~overned~by the Char~er, Mayor DeLong remarked that ~hey till ham time to ta~e care of this and M~. Reed agreed. M~s. Jaclmson then referred to limiting the number of terms the ~'Dyor can serve, but not doing it for the rest of the Council and she feels this is discri~mina~ory. Mayor DeLong replied that she was entitled to her opinion and referred to it being well advertised. Mr. Reed referred back to the possibility of proposition No. ~ or No. 2 failing and suggested possibly clarifying it by stating if oroposition No. 1 fails, it will be held on a certain date-in 1977.~Lver~DeLong suggested that he insert the proper wording to clari£y it. ~s. Jackson referred to the last item mud stated she did not like it going into effect immediately, but feels it should go into effect after the terms are up of the people sitting on the Council now. Mayor DeLong replied that this would be foolhs~dy and explained. ~s. Jackson continued that when the people voted for them, it was for two years and not two years az~d three months. M~vor DeLom~ replied that they would not hold a special election for a three month period mud referred to this happening on ms~.uy occa- sions. P~. Hs~mening added that if the people should eli- minate the primary, it was possibl~ somebody could be elected for office with 200 to 300 votes. MmG~or DeLong stated that he thought there was a lot of unnecesss~y worry- ing and suggested they they let the people decide. -2- MINUTES - SP~C/~L CiTY COU~-~CIL ~ETING BOYNTON BEACH~ FLORIDA AUGUST 4, 1976 .Mr. Reed asked if it was the intention of Council to let the C_ty Attorney modify proposition No. 2 to specifically spell ~ropos~on Mo. out when a municipal election will be held if _ ~ 1 fails and Mayor DeLong replied that he believed it would be ~p~e~riate for the ~mty Av~orney to be ch~ged with the proper wording, Mrs. Jackson referred to it having been ad- vertised and Mayor DeLong asked if they had time for the modi- fication ~ud ~, Kohl reolied that it was too late. After m~scussmon on this, ~. ~eed stated he thought ,ney could go ~/aead and let the ordinance be published as it is and he will add the clarified language to proposition No. 2 and the ballot will include this clarifying language. Mmyor DeLong advised him to take every precaution. ~s. Padgett then took a roll call vote ~n the motion as follows: Councilman Harmening - No Councilwoman Jackson - No Councilme~ Strnad - ~e Vice Mayor Zack - Aye Mayor DeLong - ~ye Motmo~ carried 3-2. Audience with Vm_lase Royale on the Green M~yor DeLong requested the representative on the Green to appear before the Council. from Village Royale M~. Joseph Aranow stated his name and his address as 2520 N. E. 1st Co~t. He informed the Council that there were two reasons for the people being present fro~ Village Royale on the Green. The first one can be disposed of very shortly. They are glad to have the opportunity vo be here and he~r the discussions regarding referendums to be placed on the ballot for the citizens. He expressed their tha~_~ for giving them this opportunity. M~. Aranow continued that the second reason they are here is one that takea a little more expla~uation. Some of this infor- mation has been heard by most, but very little has been heard by the City Attorney. He would like the City Attorney to particuls~ly pay attention to some of the remarks referring to the action that has been brought against the City for a permanent stay. Over a year ago, Village Royale appeared before the Pla~uning & Zoning Board on June 10, 1975. _~ey appeared there because they were told that the Village Royale parking problem had reached such stages that there had to be modifications of the site plans. They were to appear before the Planning & Zoning Board and if they wanted to recommend a change, they could smd it would go to the City Council for approval. At that time, they raised the question where the -3- MLNUTES - SFECIAL CITY COUNCIL -~ETING BOYNTON BEACH, FLORIDA AUGUST 4, 1976 authority was given to the Planning & Zoning Board to re-hear a set of site plans when there has once been a set of site plans submitted, recommended mud passed. At that time, the Planning & Zoning Board did not entertain this application. it was brought to them by the Building Official. They felt this matter did not belong before them and the application was denied to have a new site plan submitted at that time, This is not the first time that Village Royale came to the Planning & Zoning Board for help in the matter of the pro- blems. They submitted site plans on June t0, 1972 to the Planning & Zoning Board. These site plans were studied by the Plannir~ & Zoning Boe~d. They were recor~mended by the Ple~ning & Zoning Board to the City Council for approval and the City Council did approve the original set of site plans. After that, Village Royale decided theywere going to ignore those site plans. They did not build according to the site plans recommended by the Planning & Zoning Board and approved by the City Council. During the course of construction, the representative of the Building Depe~tment inspected the proper- ty at Village Royale and found that there were so ~.~J devia- tions from the site plans submitted and approved especially with rege~ds to Building 7. Mayor DeLong suggested that it would be advisable in relating history to note what years it occurred in and added that a lot of the members of this Council inherited this. Mm". Aranow continued that the original site plans were recom- mended by the Plemning & Zoning Board in June 1972 and they were approved by the City Council a short time thereafter. He explained that the facts presented would be verified from the minutes of the meetings. He then told about the Building Official, ~. Galeazzi, ma~ng ~u inspection prior to Decem- ber 1972 amd finding many deviations~ particularly on Building H (7). After building a second floor, the builders realized they left ou~ the stairwell emd if they put it in where they were supposed to, it would be on a City street. He does not know whose suggestion i~ was, but within d~ys, they went to the Planning & Zoning Board to try to get this corrected. On October 30, t972, they submitted a new site plan for approval. Remember that the buildings constructed up until that time on the Village Royale 40½ acre tract were not built according to the original site plan, but to the plan being submitted on October 30, 1972. If he is correct, there is an ordinance in the City stating if site plans are not built on within a certain period of time, they are deemed abandoned amd any ap- proval given to site plans where there has been no building or deviations from the original site plans, the Council ap- proval is terminated. If Village Royale wanted to say they had approval for the original site olems, he thinks they are mista/~en an.d thiri~s that should be ~onsidered. -%-- MINUTES - S~CIAL CITY~ COUNCIL MEETING BOV~NTOE BEACH, FLORIDA AUGUST 4, 1976 M~. ~ranow continued with reading excerpts from the ~inutes of the Planning & Zoning Board meeting on October 30, 1972. These minutes pertained to the building not being buil~ ac- cording to the original site plan and the results of Mr. Galeazzi's inspections. At this meetiP~, ~. Galeazzi recom- mended the submission of a new site plan and the new site plan was submitted and discussed. However, there is the fact that changes were made from the original site plan bsforea new plan was submitted. Mr. Aranow then referred to Village Royale appearing before the Board of Adjustment on December 11, 1972 to ask for a vari~mce to correct the ills caused by them. He advised that they had made a tape of these minutes if they desired to hear it. Mayor DsLong replied that he thought it would be advisable. He would like to hear what it says and be- lieves this body shoul~ be acquainted with all the facts. ~. Morton Levine stated his name ~ud his address as 2515 N. E. Pud Court. He informed the Council that this tape was a bit out of the ordinary because he started with side two of the disc available from the City Clerk's office. He will play the most important part where Councilman David Roberts mud Building Official W. Galeazzi report to the Board of Adjustment that to their knowledge no approval given to the site pleas. He then played the tape. Mayor DeLong stated that it appeared to the Chair that there certainly were deviations from the original plat and planty of vielations. Evidently everyone k~ew about it, but nobody did anything about it. M~. Ars~ow replied that in November of last year when they asked to h~J~e a special meeting for Village Royale, they were told it was getting close to the end of the year and possibly they would have better luck next year. Mayor DeLong clarified that he me~t nobody did a~ything about it in t972. ~..~ranow agreed. ~yor DeLong continued that it was comuaon knowledge that there were devia- tions from the ormginal plat and violations, but nobody took any action at that time. ~s. Jackson svated she was on the Council in 1972 and they did not have a site olan then. ~hen it was pe~sed by the City Council, there was a beautiful golf course, etc. She did go to the site herself after finding out one building was built wrong. Actually the law they had on the books had no teeth to it. They had no way of enforc- ing the law. They rewrote the law in 1973. Mayor DeLong replied that he felt it was highly irregular that g~ound could be broken unless a plat was adopted. A developer cannot break ground until a plan is recemmended by the Plarming & Zoning Board ~ad approved by the City Council. ~s. Jackson stated she believed ~% ~ranow did find the original plat. She kevt asking why the buildings were being built and could get no-satisfaction. -5- M~S - SPECTraL CiTY COUNCi~, ~ETiNG BOYNTON BEACH, FLORIDA AUGUST 4, 1976 Mx. ~_ranow continued that the rest of the background was mostly contained in a summary submitted to the City Council on October 21, 1975. He is sure t~rs. Padgett has a copy of this in her records. ~,~. ~r~now stated that at this point, he would like to get down to something which is quite bothersome at the moment. When M~~. Jack Barrett was Building Official, they tried to tell him about the probien~ at Village Royale. They asked him to go into the question of parking, He did go into that reluctantly. They also told him ~ad the City Council that they were not worried about the violations they could see, but those they could not see. They want to be sure their buildings a~e safe. They thought the City Cottucil should direct an investigation. There was. A d~y after the Planning & Zoning hearing on June 10, 1975, Mx. Barrett handed in a resignation. A short time thereafter, M~. Bushnell was appointed as Building Official. The City Council in- structed the City Manager to have the Building Official c~n- duct sm investigation. Close to a year passed and Mx. Bushnell gave them nothing. Finally with a new administra- tion and Building Official, they got what they thought they were entitled to at least a year before. They got a letter sent to Mr. Gross by the Building Official on June ~8, ~976 wherein he advised M~. Gross of eleven code violations. This was sent by ~. Howell. Until this letter was received by Mx. Gross, the residents at Village Royale did not know the first thing about the existence of these violations dis- covered by M~. Howell. In M~. Howell,s reoort to ~.~. Kohl, he advised that when he wenz to make the i~vestigation,~he did it not by himself but with the Building Official from West Palm Beach mud another Building Official from North Palm Beach, two totally disinterested people who would see objecti~aly_~o what the conditions were. They gave an honest effort to this thing and turned in a report. Of course, !~. Gross, who always sa~s he builds where, when and how he pleases, disregs~ded this mutil Mx. Howell wrote another letter telling him he had mutil June 30 to comply and at that time, the prosecutor would be informed. Around July 1, M~. Gross, on behalf of Village Royale, Inc., went into court and asked for a tempor&ry stay and got it. He isnnow suing for a permanent ste~~ ~ud declaratory judgement. Inci- centally, the taoe played of the December 11, 1972 meeting was first heard ~y us yesterday for the fir§t time. They relied previously on the minutes, but they were not verba- tim. In the answer submitted by the City Attorney, a copy was sent to ~. Kohl. He then read ~. Smodish's letter dated July 29 regarding Village Royale, Inc. vs. the City of Boynton Beach. This is his complaint, which is a mild way of putting it. in this letter, he sees everything that M~. Gross' lawyer has to s~-. Ee referred to the offer of deeding an adjacent piece of land and stated if that was -6- MIhr~TES - SPECIAL CITV~ COUNC~L ~'~w~ BOYNTON BEACH, FLORIDA AUGUST 4, 1976 going to affect the City Attorney's decision and the Council's decision, he feels it is very important they find out from the residents of Village Royale whether there ever was a legitimate offer to do this. Reference is made to the offer being rejected. M~yor DeLong questioned when the City rejected it and ~. Kohl replied that they did not reject it, but stopped them. Mayor DeLong clarified that he would like to know whether the City rejected an offer for the additional parking spaces and ~. Aranow replied that he did not remember any offer be~g made to the City. In May, June, July and August of last year, they tried pretty hard to solve their problems with Village Royale. They even got so far as to get Mr. Gross to sign 25 points affecting all the buildings to be completed within 60 ds~s. Mayor DeLo~g asked if the present City Attorney had all the information being presented by ~. Aranow and ~. Ara~ow re- plied that all this information was included in the October 2~, ~975, meeting here. At that time and on other occasions, he has offered their help and advice to Mr. Reed, but he has not seen fit to call uoon them. He finds fault that inaccur- acies have been stated-in this letter. Mayor DeLong replied that ~. Reed was not here in 1975 and evidently Mm~. Simon had this information. M~. Reed asked if they were referring to the October 21, 1975 summary of the situation and ?~ayor DeLong asked if he had the information being presented by Aranow now regarding ~. Gross' signature to certain conces- sions. ~M. Reed replied that he had not seen such a document. ~'. Aranow stated he would be glad to give him a copy. Mayor DeLong requested that he read these 25 points into the record and M~s. Jackson referred to M~. Kohl having these. ~M. Kohl agreed and advised that the Council members had received a copy. This was all in the Village Royale file given to the City Attorney. M~. Reed stated that he did not thir~k they had the Village Royale file, but he would check. Mayor DeLong stated that possibly ~. Reed did not receive it be- cause it was forthcoming from the previous City Attorney. M~. Aranow continued that the point he was try~.g to m~e is that they have papers signed by Mr. Gross obligating him to do certain things which he does not do and he doesn't care. What ~ood is it going to do if Mar. Gross orally tells some- sue he is going to make a park, etc.? This information could have come from one or two sources. He then read Ps~agraph 25 of the complaint against the City of Boynton Beach a~d stated this may have been the basis of the infor~ation the City At- torney took when he said they were offered parking soaces and a park. If that was not the basis, the only place it could have come from was from the City Prosecutor, Dave Centola. On the morning of the trial, M~. Centola asked ~,~. Levine and him to discuss what they wsmted. ~. Centola spent t5 to -7- ML~TES - S~CIAL CiTY BOYNTON BEACH, FLORIDA COUNCIL M~ETiNG AUGUST 4, 1976 20 minutes talking to the attorneys from Ms. Gross and he informed him that ~ shouldn't tell him as he is not the pro- secuting party. He w~nted Mm. Gross to put this on the re- cord, but M~. Centola stated that he was telling him. He advised him to take this information up with the City of Boynton Beach or the judge. At about that time, Judge Schws~tz came in and wanted to ~umow what it was all about and ~t~ntola said it could be settled. Judge Schwartz questioned ~o nmde the offer ~a~d Mr. Centola said the ~efendant's attorneys JUdge Schwartz questioned where they were. ~. Aranow then pointed out that if there were no orosecutions~ the City will have certain proble~ with the taxpayers at Village Royale, He informed ~. Reed about this problem when he was appointed and stated they would like to kuow and get an answer to the question asked of P~. Simon over a year ago and that is: What is the liability of the City to the unit owners at Village Royal~? What about the people liv~ug at Village Royale? Aren't they entitled to some consideration? If those c/o's were impD~perly issued, he would like to know why the City is not responsible to the unit owners. They have been trying to get to the bottom of this thing. When they got those eleven violations from ~. Howell, they were grateful for s~a honest job. Why should his hands be tied for however long this appeal will go on? Why doesn't the City have the right where a judgement was made in their favor and %mtil that judgement is repealed, why don't they have the right to go into court for a violation that happened that day and every d~v after? If they don't, he thiraks they are doing the same thing hs Village Royale and that is stalling this so it is outlawed by the Statute of Li~mitations. They are willing to work as it is for their own interest. They have been hooked, but car~uot do anything about it. They can lay the facts in the h~ads of M~r. Regd so he ca~m form a better opinion of the actual facts. They give sources along with the facts. They can show papers where Ms. jerry Gross has denied he ever made any agreement even if it is in writing. He then told about the situation with the taxes not being paid. He referred to ~. Simon telling Mss. Jackson prior to October 2t that the question of par~ng was involved and ~s. Jackson was reluctant to vote. The pe~king was not part of any law- suit, but the lawyers told ~. ~ohl it was. .Anything he hears from the attorneys for ~. Gross~ if it is not in writing, he does not w~ut any part of it. They will supply written information. They do not want to be stalled by these people. The City of Boynton Beach~ould see to it that all ordinances are followed out. Zt is a wonderful thing if these c/o~s were illegally or improperly issued and the City is not responsible and M~. Gross is not responsible, but who is - the people who bought the property? -8- MINUTES - S~CiAL CITY COUNCIL M~ETiNG BOYNTON BEACH , FLORIDA AUGUST ~, t976 Mayor DeLong stated that he ~ud Mr. Levine had done a very thorough job of digging. He requested the City Attorney to meet with these gentlemen to obtain the factual information to strengthen the case he must defend and Mx. Reed replied that he would be h~ppy to. ~. Aranow requested him to name the time and place and they would be available. Mayor DeLong svated that evidently there was a lot of information the City Attorney did not have with not having been in the oic- ture in the past. He is quite sure M~. Reed is interested in the City. He must defend the people in the City. The Gouncil is also here to protect the people. They reoresent them mad they are always welcome smd invited to come. They wilt always have an attenti~Ys ear. He appreciates the fact they have taken such a deep interest in the City. They only can obtain good government on the relience of people such as them. ~. Aranow thanked him and stated he would like to point out if he may seem overly concerned, he does not do it without good ree~on. He then read Paragraph 33 of the complaint smd stated that this applied to him. Mayor DeLong replied that he believed his interest in this particular situation was centered upon being an individual of the City and a resident. His appointment to the Ad-Hoc Com~wittee soecifies exactly what he is to do. It is just a question Sf using a brush on him. ~,~. Aranow replied that he was not worri~d about that or the threats. He just po~ted out that the City Attorney is -moving to strike that from the record. He questions why it is included. Mayor DeL~ng replied that he believed the court will look at it s~ a xriv~.~ous state- ment. Mrs. Jackson stated that she believed M~. Aranow and Mx. Levine had done au excellent job, but believes there has been a lack of communication. She suggested instructing the City Attorney to meet with ~. Aranow and Me, or DeLong replied that that has already been t~d~en care of. He recom- mended ~. Aranow to get in touch with ~. Reed. Mr. Reed stated that he would be available on Friday and ~. ~anow reo!ied that they would be there and would call his office tomorrow for the exact time. Mayor DeLong thanked him for his interest. He added that he understood they had been notified about the referendum ~ud M~. Aranow informed him that the Men's Club News published the item~ for the referendum and the reasons for same. Most of the people present wanted to hear the discussion of the referendum. Mayor DeLong then declared a five minute recess. He called the meeti~ back to order at 4:40 P. M. -9- MI~j~S - S~CIAL CITY COUNCz~L ~ET~G BOY~0N B~CH, FLORIDA AUGUST 4, 1976 Mayor DeLong referred to the Council mer£oers receiving a letter from Ecological Services Products, inc. He read this letter stating their appreciation for being allowed to compete for the sludge. He added that to his knowledge, he didn't think they were considered. He then informed the Council that he was just handed a telegram from the City Manager's secretary. He then read the telegram from Ecolo- gical Services Products, Inc. stating their protest to the award of the bid. He added that this was to notify them that they ars protesting, but it does not say there is any court action. It was shocking after the flewery letter we received prior to the telegram. It behooves the members of the City Council to watch every move made. Discussion of the Regional Wastewater Treatment Construction ~greement Proposed by the City of Delray Beach M~yor DeLong ~mmounced they would now go into the contract which has been forwarded to all mem?oers of the City Council by the M~yor of Delray Beach. He stated that this definitely was not as Mayor Scheifley stated, the contract which was worked on or discussed by the C.E.0. and Mm. M~riott and Mr. Canon agreed. M~cyor DeLong continued that ta_s was mislead- ing. He pointed out that nowhere in the pa~ticul~ agree- ment forwarded by ~ayor Scheifley to this City Council was there any mention of the stipulations received by the City of Delray Beach regarding the action by this City Council in the communication sent by Mr. Kohl. If they sme not going to abide by the stipulations spelled out, it appears they are wasting time. Mr. Zack referred to the letter sent to Delray Beach being read at the last Board meeting. Since they have not taken e~y action, the position stauds as it was before and there are no changes. M~vor DeLong agreed that everything was the same. It is strictly bypassing the C.ELO. His understand- ing when he was employed was he was to be the same as the name: Chief Executive Officer. He understands that Delray Beach went to the degree and extent to tell ~. Canon that his presence is not going to be welcome when the pleat is built. Mme. Jackson referred to Mayor Scheifley w~ating to expedite things. Boynton Beach has made thi~s clear. They would not have gotten the grant if Mm. Canon was not here. She does not thintu they should back down. Mayor DeLong suggested a motion be made to re-affirm their previous actions and the City M~uager shall notify them. Mrs. JacD~on so moved, seconded by [~k~. Zack. M~or DeLong clarified that it had been moved and seconded for the City Council to go on record to re-affirm their previous action -10- MINUTES - SPECIAL CITY COUNCIL ~ET_,~G BOYNTON BEACH, FLORIDA AUGUST 4, 1976 relative to the agreement between Boynton Beach and Delrej Beach regarding supervision of the construction and the City M~uager shall forward a communication to the Mayor and Council of Delray Beach tb~.t there will be no deviation from their previous stand. Under discussion, FPs. Jac!~on suggested including P~yor Scheifley's phrases regarding achieving har- mony, etc. ~. Strnad added that they are just telling them the new agreement is not acceptabl~. Motion carried 5-0. Other Mm. Earmening asked if they were going to discuss the letter from Village Royale ~ud the ~C pipe ~ad Mayor DeLong ex- plained how M~. Eohl was handling it administratively. Mr. Zack asked if they could have a small discussion regard- ing the retirement program of the Chief Executive Officer since he was present. ~yor DeLor~ replied that nobody wanted this man more them they do, but their action will not be accepted by Delray Beach. The Interlocal Agreement provides that so many people must approve. Mm. Reed re- ferred to ~@. Canon not getting the imoression that they were not doing a~jfthing mad told about writing to the Attor- ney General, Florida League of Cities, etc. However~ this is evidently a case of first impression. The Attorney Gen- eral's office felt they would not v~ant to get involved in a local matter. They ars still trying to obtain advice from other cities who have entered into similar interlocal agree- ments to see if they have some provision. They have con- tacted the IRS, etc., but have not gotten fsi. M~. Zack referred zo the IRA being an individual plan. The money cannot be drawn out until he reaches 59~ yeses of age. Mayor .DeLong referred to Delray Beach objecting to this p%em and added that muything they did no~ would not be acceptem. ~. Zack agreed, but suggested disoussing it themselves. Mayor DeLong suggested jogg~ug along until such~time when somethir~ comes up more beneficial and acceptable to Delray Beach. ~-~. Harmening stated there m~v be an honest miscon- ception on the pe~t of one member of the Ad-Hoc C¢~ttee. He think~ there ~y have been some misleading information. One was under the impression that the funds in !~ could be drawn out as needed, but he is not sure about this. If the money cannot be drawn out until 59½, death or disability, maybe Delray Beach will go along with the I~. ~,~yor DeLong suggested discussing it with them, but he explained how he didn,t think they should tsl~e definitive action. M~. Harmening stated they needed to kmow for certain whether money in ,_~R~A could be drawn out under certain circumstsmces with paying the tax liability or whether it could not be drawn out until death, disability or 59½ years. After further discussion, M~. Harmening stated he would try to get more information regarding the LRA plan, -11- MINUTES - SPE'CI?~L CiTY COUNCIL ~TING BOYN~ON BEACH, FLORIDA AUGUST 47 1976 Adjournment ~s. Jack. on moved to adjourn, seconded by Mx. Harmening. Motion carried 5-0 and the meeting was properly adjourned 5:00 P. M. at CITY OF BOYNTON BEACH, FLORIDA ~ce M~_yor Cou~¢~ Member AT.ST: City Clerk Recording Secretary (Two Tapes) -12-