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Minutes 06-24-74I~iNUTES OF THE SPECIAL ~EETING OF CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY EAI~, MONDAY, JUNE 24, 1974. PRESENT Joe DeLong, Nayor David Roberts, Vice Nayor Edward F. Harmening, Councilman Forrest L. Wallace, Councilman Norman F. Strnad, Councilman Fr~uk Kohl, Cit~y Namager Ernest Simon, City Attorney Tereesa Padgett, City Clerk Nayor DeLo~g called the speed.iai meeting te order at 5:00 P.~. for the purpose of discussing the Beynton-Delray Regional Was~e~ater Treatment a~d Disposal Facility. He noted that Council had receive~ copies of an outline ef a~ Authority and also an in eor~aec~ establishing ~he regional sewer fa~ilit~y, Nayor DeLong also referred to newspaper publicity about ~he regismal pla~t ~ a letter before Council from Nr~ J. Eldon ~iriot~, Beach, addressed to Nr. Startzms_u on June l? BeLong had anm~ere~. ~he ~ayor then a follow-up release of Saturday morning, June 22n~ by the Mayors of the ~atellite municipalities along the Coast o In view of the above, ~ayor DeLong felt it would be fitting to report to the Council and he read his memo of June 25, 1974 into the record, copy of which is attached hereto ~ud ma~e a part hereof. Nayor DeLong said the decision as to the future course ef actiom rests with the Council a~d he opened the matter for discussion, noting the great ~mo~t of effort put f~rth by ~r. Startzm~n en this project. Nr. Roberts opened the discussion as to the steps the City should fellow. Nayor DeLong noted that he and Mr. Roberts had been approached by a County Commissioner at a recent meeting of the Lesgue cf Nunicipalities, s~d they advised that Council could hamdle its own situation, although they wo~d call upon the County Commissioner if any h lp .was needed. ~r. Roberms said there seemed to be s~ong opposmtion on Delr~y's part in regar~ to au Authority -- which Boynton was not insistent upon. He noted other remarks had been made whereby Delray might operate its own plant. ~r. Roberts was concerned about these items ' and discussion ensued as to the reasoning behind City Nsnager Nariett's thi~ki~ abo~t Del~ay having its own system rather than a joint pl~t with Boynten. The former would be se much more costly to the t~xpayers. ~ayor DeLong commented that Nr. Eariott had indicated on various occasions he'd rather Delr~y had its own system. The ~ayor - l- NINUTES - SPECIAL NEETiNG OF CITT COUNCIL BOTNTON BEACH, FLA. J~NE 24, 1974 observed that oven if Delray did forgo the additional govern- ment grant By going on its own, it has sufficient funds c~hand as well as the land whereby this route could be followed. He s~ded that with the information he and Mr. Kohl had subsequently learned, if Delray wished te pm.t mpa pla~t with .a great.e~r~ . aDaclty a few yesrs hence, having turned down thus ~8 mlllmen gra~, the City would not be penalized a~ would be entitled to amether grant in the future. After further discussion on the reasoning behind Delray's actions, attention focused o~ the steps Council should follow next, assurimg proper safegmards for the best interes~ ef Beyaton Beach, ~. StTnad felt that Beyaton had extended itself to Delray en a number of oocssio~s to bri~ about negotiations Between the two Councils, b~t TJae courtesy had net been returned. He thought that a~ agreement should be roached wi~homt jeopardizing any ef the citizens involved. ~ayor DeLong ad,ed that other than a nen-commit~l phone call from the ~yer of Detray Beach and items ~ppe.ariz~ in the newspaper, there had boon no written communmcatmon from Delray te Boynten concerning this matter, Nr~ Strnad said he was open to anything that would get things under way towards am agreement of some ki~. Mr. Wallace did not want to ~se the term "eontTac~ual status" and that Beymten's only alternative ~as te deci~e on a cemrse of action and fol!ew through. He felt if it was necessary, both cities ee~ld go their own way, But he didn't think the Federal Government er the aEencies wemld let this happen, Discussion then ensmed regarding the fact that ~he e~ly information the City had was that which was reeeiv$~ frem Nr, Nariett through the newspaper, but there was no direct communication from the Council of Delray. N~, Wsullaee assumed the C,uncil in Delray gave the City Nanager the a~+~hority te ms~ke certain statements. Nayor DeLengquestiene~ why the County Commission and various age, ties didn't intervene and request some action on the part of ~elrayo After further comment, ~. Eoberts quoted frem Nr. Narmott's J~e l?th memo tc Mr. Startzman as follows: "With August 1st drawing near, we need te take meaningful action te ~eselve this matter as seen as possible. It is there- fore my suggestion (which idea was originally advanced according to my u~derstanding by APB Chairman Jack ?~aloy) that the members of the City Councils of Delray Beach and Boy~t~n Beach meet jointly, withemt staff er consultants, in s~u effort to reach agreement." ~ayor DeLong continued quoting from the memorandum: "If this proposal is agreeable, I hope we can arrange for smch a meeting to ~e held during the last week of Juno, - 2 ~Ii~UJTES - SPECIAL ~TiNG OF CITY COUNCIL BOYNTON BEACH, FLORIDA JUNE 24, 1974 (from o~r standpoint~ i don't know Boynton's schedule) preferably on the 25th or 26th, as it appears that all of o~ Council members will be in town during this period. Please call me, Paul, and we will have further discussion aimed toward bringing this thing en which yeu have put so much effort to cenclusion." It was clarified that ~. Startzman did not call Mr. ~arictt since receipt of this memo as he did not think~it would be appropriate for him to do so Ceuneml agreed. ~. Harmenin~ felt there would be unfavorable reaction on the part of the citizens of Delray when they learned their Oouncil ha~ passed up an opportunity te receive an$8 million grs~ut to build a ~eint regional disposal plant. In the meantime, Boynton is held somewhat captive to the position of Delray's officials. He added that this was a joint grant application of the two municipalities and the plans which were drawn up arched April 1st were also paid for jointly, with the total cost being about $168,090 (half of this still to be paid). If it was Delray's faul~ that Boynton was cut this money, ~. Harmening felt action should be taken to get it back. Regardless ef the outcome, ~r. Harmening felt he must represent the best interests of the citizens of Boynton as he sees them and that Bo~ntcm should have an equal voice in the management of this facility, aleng with a full equal equity with Delray in the ownership of the plant. He added that Boynton could pay half of what Delray paid for the land if this was a problem. He felt that the various a~encies involved inwastewater treatment would take a dim view ~f Delray's going along on their own. He also felt it was unimportant as to What an agreement between Boynton and Delray was called, as long as its terms and conditions protect the citizens of Boynton Beach and preserve the City's equity and ms-uagement position. Mayor DeLeng noted the difficulty he and Mr. Kohl found in getting mnything in writing from the various agencies with whom they spoke. He felt the current problem was due to the people "at the top" and that the agencies should be more specific as to the rules and regulations to be followed in joint ventttres cf this kind. ~. Wallace then asked how the City would go goeut trying to bYpaSs scmeof the chain of command in this particular instance. ~r. Kohl said the two individuals in this field in Florida wOUld be ~r. Strahn of the Department of Pollution Control in Ft. Lauder~ale and Bill White, the attorney in Tallahassee, beth of whom Nr. Kohl has dealt wit~by phone and also by letter with ithe attorney. Te bypass these men, the City would have to~ g~ directly te the Federal Government which gives the funds -- the head o~the Department ef Pollution Control in ~ashington, D.C. 2~. Wallace felt this course of action should be followed if n~cessary to see what the hold up is. -3- ~I~TES - SPECIAL ~v~E_iNG OF Ci~ COUNCIL BOYNTON BEAC.~, FLA. JUME 24, 1974 Nayor DeLcng advised that he aud ~Lr. Kohl were under the im- pression that if Delray refused this grant, in view of what was told to them by Nr. Phillips -- if the City didn't go into a regional plant, it would, not be possible te get an operating permit. Nr. Kohl had called Mr. S~rahn to verify this and ~. Strahn said nothing could prohibit Delray from going on its own; the per-mit could net be denied. When Mr. Kohl asked if this could be put in v~iting, the answer was no. He was advised that the only person who might put it in writing would be t~e Attorney for the EraSe Boar~ of Control. However, this individual was serving in reserves for the summer. ~r. Kohl finally got a reply, but it was very &fter s~me further discussion, ~r. Harmening moved to have the Cit~y Nanager hand ~eliver a letter signed by Mayor DeLong to each member of the Delray CiSy Council, including the Nayer, relative to a joint meeting of the Councils of beth cities regarding the Regional Wastewater Treatment ~ud Disposal olant. The wording of the letter was te be left to Nayor ~eLong's discretion. Also, the City Nanager is to phone each individual, prior to receipt of the letter, advising that it's ~n its .way so that ~u attempt may be ma~e to set up a meeting date, em~her on June 25th er 2$th. Mr. Strnad seconded the motion with the request that a copy of the letter be sent to Nr. Strain, Mr. White a~d ar~ene else concermed. No discussion. Notion carried 5-0. There bein~ no further business, ~r. Ha~menmngmoved to adjourn, seconded by ~r. Wallace. Notion carrie~ 5-0. Neeting adjourned at 5:46 CITY OF BOYNTON BF~&CH, FLORIDA ATTEST: City Clerk Councilman -4- June 24, 1974 TO Menfoers of tl~ Ci%lf Council: /n reply to the news releases that appeared in the Saturday, J~e~_~22_~z~_ edition~._~o_f news~a_p~er~ 07 10~al circulation relative to the meeting ~ld by %he Mayors of Highland Beach, Ocean Ridge, Briny Breezes and Gulfstream sendin~ a joint letter to the Palm Beach County Commission requesting the Commission to set up a meeting between the City Councils of Boyntctn Beach and Delray Beach to resolve the question of management and control of the Waste Water Treatment and Disposal Facility that is to ~e constructed on land owned by the City of De!ray Beach with an eight million dollar plus grant from the federal government to service Boynton Beacl%, Delray Beach~ t{ighland Beach, Ocean Ridge, Briny Breezes and Gulfstream. For the pu]~lic record I hereby apprise those concerned Mayors of the following facts: 1. The tette~ by the Mayors was sent to the wrong governmental agency. The letter s~ould have been sent to the Mayor and City Co~_ncil of Delray Beact~. 2. ~Wi~h all due respect to the ~onora~le Board of County Commissioners, ! sincerely believe the City Councilor Boynton Beach capable of conduct~--ng the affairs of the City as they were elected to do. I further believe each and every member of the City Council is honor~le-enougtl to step down if they were convinced they could not capably represent their constituents. 3. That the taxpayers residing in the municipalities of the concerned Mayors do ~ot have the millions of dollars invested in a sewer system such as Boynton Beach has. 4. W~en theCity Council of Boynton Beach protects the rights, benefits and vested interest of their residents in their negotiations with Delray Beach relative to the regional plant, that s~me Council is also performing a like service for the residents of the concerned Mayors respective cities. 5. The taxpayer of Boynton Beach has already paid over eighty thousand ($80f00{~ dollars to the consultants for designing plans and specifications toward the regional plant. Delray Beach received an amount of credit toward their share of equal payment between our two cities of the total cost of the designing plans and specifications° What amount of engineering fees has each municipality of the concerned Mayors paid of the total cost? 6. I believe Chairman Maloy of the Area Planning Boardwas not. privileged to inject himself into this situation to the extent of rendering a premature recommendation that the cities very weak reasons why they should do so.- 7. The questions then arise a.) go contractual presenting although the City of Delray Beach is to be constructed it must be considered seventy per cent (70%) or eight million dollars plus of the cost for construction is a federal grant which is taxpayers funds allocated with the proviso six (6) municipalities are to be serviced by this plantl %fhy ~hould this tax st~pported project be subject to an all encompassing 3. autonomous ~anageraent and control by the City of Delray Beach.. ~ ) By w~at rigAt Or logical reason is De!ray Beach entitled to be the sole recipient of ~his huge federal gift of taxpayer's funds? 6.) in all fairness it is my honest ~e!ief the City of Delray Beach should~e reirab%~rsed for the cost of the land where the regional plant ~ is to be constructed and by the same token all of the cities involved should have representation in the management and control of the regional plant elt~er tiiroughtheir city's consulting engineers or any other feasible manner possible. 8~ On April 22nd Mr. Paul H. Startzman, engaged by the City of BoyntonBeach as the liaison involvin~the regional waste water treatment disposal facitity~ %~th permission hand delivered to Delray Beach City Manager J. Eldon Mariott a proposed outline of an agreement for management of the ~egionat system. Mr. Mariott read the agreement, in Mr. Startzman' presence, and was asked if there were any q-eestions , Mr. ~Mariott replied there were bone ~md that we wouid hear fr~ 9o Failing t~ receive a reply to the proposed outline the City Council on May 2nd sent a communication to the Mayor and City Council of Delray Beach advising them we were racing against time requesting Delray to arrange a joint meeting of Councils at their earliest convenience and that Boynton Beach requested.~an.early_~eply._to__this request._ 10. Several days after the Co~uci!'s communication was sent to Delray Beach t received a phone call from Mayor Scheifley of Delray Beach advising me there would be no reply to our communication of May 2nd. advised Mmyor Scheifley that time was of the essence and the deadline to to consummate any negotiations was August to 1Present to ]Doth City Attorneys by June 1st, that we must be prepared 1st at the latest, that which both cities agreed upon so as the appropriate study of th~ legality etc., could occur. ~ayor Scheifley assured me there would he no joint meeting of the Counc~ts and it was Delray's Lntentions to go right to the ~ire ofAugust ..... 1st, even against' my warnings of limited time. The Mayor stated be did not believe delaying would create any problems for tb~m~ I advised%/qe members 'of our City Council of Mayor Scheifley's message~ 11~. Last week, Council members received a copy of a memorandum addressed to'-Mr. Paul Startzman from City Manager Mariott dated June 17, 1974 in %~hich he advises Mr. Startzman in reply to his letter of April 22nd and Mayor Joe DeLong's letter of May 2nd there is hope a meeting can be held during the last week of June preferably on the 25th or 26th. No direct reply to t~e Council's communication of May 2nd has been received to date. A~ Mayor of Bolrnton Beach and Chairman of the City Council I nave a sworn o ltgation and responsibility when Council decisions of a magnitude must be made to advise, suggest or recommend to your august bodywhat, in my opinion, will be in the City's best welfare and interest. The present herculean task of arriving at the proper decision relative'to the regional plant prompts me to express my recommendations to you as follows: I~ The Chair bas an open mind relating to a contractual, an authority or an inter-local agreement. 2. The C~air recommends that the vested rights of the residents of Bo!rntOn Beach in their present sewer system and any future expansions shall be preserved for perpetuity. 3. The (lhair believes the City of Boynton Beach as well as the satellites must have-a v6ic'~ 6~f repr~-~n%ation in the management of the regional system. agreement, The Chair recommends a built-in, iron-clad provision in any controlling rate increases to off-set unwarrante~ or excessive ~_ The Chair advises Council memf0ers to consider t~e present condition of our sewer system from the operational, financial and required improvement standpoint~ projecting to. t~e eventual over-all county s~wer ~reatment system in the not too distant future. G~nt!emen, t~e decision of the future course rests with you. I thank you for your patience and kind indulgence. The floor is now open to the Council members for discussion on the matter of t~e regional sewer treatment facility agreement. Sincerely yours, DeLong ~ r City of Bo!rnton Beach JD:rf cc: City- Manager Pau/ Startzman