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Minutes 02-17-77MIh~TES OF SPECIAL CiTY COUNCZL ~TING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, THURSDAY, FEBRUARY 17, 1977 PRESENT Joseph F. Zack, Ma~or Emily Mo Jackson, Vice Ma~or Richard D. Caldwell, Councilman Joseph DeMarco, Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Zack welcomed everyone and called the meeting to order at 7:00 P. M~ He announced it was a Special Meeting in accor- dance with ~ectio~ 56 oE the City Charter of the City of Boynton Bea~ to discuss the contract submitted by Delray Beach in regards to the gouth Central Regional Wastewater Treatment and Disposal Board, ~ud to discuss abolishing the position ~f License Tnspector. Discussion of SCRWTDB A~reement Mayor Zack announced he was definitely concerned about three items. One is control and he questions just what control the Board has over Delray Beach in construction, which is not mentioned in the agreement. The second is arbitration and he believes this should be included in case it is necessary to reach a settlement at some time. The third is that some place along the line in the agreement, there should Be some kind of enEineering agreement where the Board authorizes engineering services. Ee explained how the two cities had engineering agreements, but the Board does not. He think~ these three things should be incorporated in the agreement. M~yor Zack continued with reading Section 4 of the agreement and stated he thought they ~must" be responsive to all re- quests and explained. ~s. Jackson replied that she didn't think this was the intent of the In%erlocal Agreement at all. ~t this ~ime, M~. Moore suggested that M~r. Eohl bring to the Council's attention the letter received from the City Manager of Delray Beach. Mr. Kohl informed the Council that he re- ceived a letter today about 4:55 P. Mo from Mr. ~riott. He then read the letter regarding an engineering services agree- ment advising that ~. Mariott did not see the necessity or priority of entering into such an agreement and he is not prepared to recommend to the Delray Beach City Council that thsy approve it. Mayor Zack remarked that he felt it should all be in one agreement. Mayor Zack state~ he was concerned about control and asked what control they have over Delray Beach in regards to plant construction? Mrs. Jackson read from the interlocal Agree- ment~and pointed out that we will not have control~ She thi ~nks the reason for that isggiven in Section 1. She ex- plained how the installation would take place in Delre~ Beach F~NUTES - SPECL&L CITY COUNCIL MEETING BOYNTON B~CH, FLORIDA FEBRUARY 17, 1977 and they are the ones who will supervise. Mayor Zack replied that since the Board is responsible for the expenses, he thin~ the Board should have control. Mr. DeM~rco requested to hear from M~r. Canon and ~. Startzman. Mr. Canon informed them that the Board is in control of the regional facility as a whole. They are contracting with the contractors for slightly over 8½ million dollars. The Board has the ultimate control of payment to the contractors. With holding the purse strings, they have control. Mr. Startzman informed them that this was covered in Section 1 of the Interlocal Agreement and Mayor Zack replied that he thought it should be in this new agreement. Mr. Canon in- formed him that the Interlocal Agreement is a contract and Mayor Zack asked why they had this new agreement then? Mr. Canon clarified that the new agreement was for supervision of construction. He informed them that Delray Beach did not submit this agreement. The Board contracted with Delray Beach in this agreement. The Board sent this agreement to Boynton Beach for ratification. Delray Beach ratified it several weeks ago. Mayor Zack asked if they were satisfied with controls? Mr. Moore clarified that there were two proposed agreements be- fore the Council, one for supervision and the other for allo- cation of ability to hire engineers. Mrs. Jackson replied that they were only discussing the suDervision agreement to- night. Fr. Canon informed them thattthe Board directed him to work~'with the two City Managers on the engineering agree- ment. Mr. Mariott and Mr. Startzman both agreed it should not be brought up under the supervision agreement, but should be handled separately. This is what Mr. Mariott's letter referred to. It does not have anything to do with this agree- ment under discussion. Mr. Moore asked if the Delray Beach City Council still stood behind the supervision agreement and Mr. Canon replied: yes, they signed it. Mayor Zack~stated that the next question was arbitration and t~. Canon informed them that they had discussed putting this into the agreement, but it was felt by Mr. Mariott, Mr. Startzman and himself that it would not have to be in this agreement because if this was a partnership, the recourse would be through theccourt. This is a partnership and if there is some disagreement, it should go to court. Mayor Zack questioned who was responsible for paying the court costs and ~r. Canon replied that he did not think the Board possibly could sue DelSey Beach or Boynton Beach because they would have to have the majority of one city or the other to sue one city. Mayor Zack stated there was the possibility of one city suing the other. Mr. Caldwell asked if arbitra- tion would facilitate a rapid agreement instead of goi~ through the court and M~. Moore explained how he had never -2- MINUTES - SPECi~L CITT COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1977 seen arbitration work and it could only be by binding arbitra- tion. Mr. Canon replied that they concluded it would not be preferable that way. If there is disagreement, it should be between the two cities. ~. Moore asked if they had consulting engineers providing supervision and if the Board was paying Russell & Axon for supervision and ~. Camon replied that Russell & Axon are contracted by both cities to supervise construction or as resident inspectors. MJe. Moore questioned the pttrpose of Delray Beach performing supervisory services and added that it looked like the overall problem is we are bogged down in administrative red tape. Mr. ~tartmmau explained how the entire regional system would fall within the City of Delray ~each sad it would r~quire very close definitive cooperation with the public servmces groups~ ~. Startzman stated that since the inception of this, there was considerable feeling that Delray Beach should ooerate the whole system with Boynton Beach being a satellite c~mmunity. As such, it would put certain restrictive elements upon the control of this City. He explained how the engineer of re- cord became the common denominator. Therefore, there were two separate people with responsibility: Mr. K~inck for Delray Beach and ~. Hallman for Boynton Beach. This worked fine in developing the contract and also removed from Boynton Beach the ~ternal problem of empire h~ilding. For that rea- son, it would be acceptable to EPA and the engineers since they drew all the plans and it ia less costly than bringing in a new separate engineering system. It is acceptable to both parties and will save money as well as wor~king well. Mr. Hallman is the Project Engineer to the Board replacing M~. Ingram. Mr. Hallm~ will be responsible for the whole project. ~k~yor Zack replied that this should be in the agree- ment and ~. Startzmem disagreed because Article I of the Interlocal Agreement states the Board's responsibilities. Mr. Moore asked if the~akeup was working out and Mr. Startzman replied: yes, if it is left alone. _Mr. Moore statedtthat it would just be an umbrella board without authority with the members going back to their Councils who can veto any action they take. M~. Startzman replied that it certainly would be far faster if it was an autonomous Board, but this was totally refused by Delray Beach. Also, some of the Boynt0n Beach Councilmen felt it was not the right thing to do. tn attempt- ing to draft this, the two parties are under mandate to do this under the WQM~ and the State. They were told what they had to do. M~. Moore explained how he just could see no w~y for this setup to effectively work with ten people on the Board,when in many instances one Council cannot agree in other matters, with veto authority. They discussed this fur- ther and the possibilities of having it work any other way. -3- MINUTES SPECIAL CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA FEBRU~_RY 17, 1 977 Mr. Moore then explained how he thought the people in Boynton Beach were seeking some kind of protection for rates and equitable distribution for plant capacity. Mss Jackson re- plied that this had all been taken care of and ~as in the In- terlocal Agreement. Mr. Moore stated that if these points can be assured, ~y do they need ten members on the Board? They should let Delray Beach run the whole thing as long as there is protection. Mr. Startzman informed him that he was an advocate of autonomous authority, but two members of this Council disagreed as well as Delray Beach and it would also have called for referendum. Mrs. Jackson remarked that it was too late now and Mr. Startzman replied that the Interlocal Agreement could be changed. Mr. Moore asked if Delray Beach would relinquish any~autonomous power? He explained how if it was a road problem, they would not have powers. Startzman replied that they are not responsible for the funds in a road project. Mr. Moore referred to the regional system being in Delray Beach's back yard and stated he could agree with their pro- blem that they want to see how it is done. Mrs. Jackson informed him that they have had some very peaceful meetings. They have dickered on some point~, but have always ironed them out, except this one agreement which they finally turned back to the two creators of the Interlocal Agreement to review with M~. Canon. They have come up with an agreement agreeable to Boynton Beach, Delray Beach and the Board. Mr. Moore re- plied that he didn't think it was as much a legal problem as it was an administration problem. ~. Startzman referred to how it could be improved and in- formed them that the original draft of the interlocal Agree- ment called for a Board meeting once a month. This is where the problem lies because ~. Mariott insisted on a meeting only once every three months. The Board meetings are not sufficient for the Board to be given the problems by the Chief E×ecutive Officer and be transmitted to him for action. He is trying to get mandatory action. It would rectify a great m~ny things. Mrs. Jackson replied that when they were meeting monthly, it was peaceful. She thinks this is pro- bably the problem with meetings being so few and far between and things pile up. There is nothing to keep them from meet- ing oftener. ~yor Zack stated he thought a monthly meet- ing would ben, better than a quarterly meeting because it takes the lump off the Chief Executive Officer. According to the Interlocal Agreement, it says at least quarterly. Mr. Startzr~n replied that this could be changed or meetings called. ~. Canon referred to the last meeting when he sug- gested meetd~ng more often to resolve problems instead of having them build up particularly for payments to be made to contractors, get approval, etc. It was suggested by some of the members that these meetings monthly Were not necessary. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1 977 ¥~. Canon continued that ever since he has been here, he has had the feeling they do not want too many meetings and the less, the better. There is the problem of approving these things. The Board said the contract was approved and when bills are received in accordance with the contract, he should go ahead and pay them~ ~myor Eack~remarked that if they had monthly meetings, they ~ould not have had the permit problem. Mrs~ Jackson referred to Nmyor Zack~being Chairman of the Board and suggested that possibly he call a meeting and dis- cuss this with DelrayBeach. Mr. DeMarco stated he was in favor of a monthly meeting~ Mr. Moore asked Mr. Canon what ~as his feeling in reaction to his ability to act and Ms. Canon replied that machinery has be~=n set up now in accordance with guidelines given him dur- i~ug the past year and they are now in a position to make things almost automatic. Mr. Moore asked if sufficient p ~lcy had been established by the Board giving him author- ity to carry it out and M~r. Canon replied that he thought it was finally worked out so things should move along to get the j ob done. Mr. Moore asked if there were other areas embroiled in this problem and t~. Startzman informed him there were plans simi- lar to this with a town a_nd county operating together. ~. Canon addsd that he had not been able to find any himself. He asked EPA if they had any in the southeast U. S. and they couldn,t point to any communities like this. ~. Moore asked if they thought Delray Beach would give up power and M~. Startzman replied~ no, not unless he was a better sales- man than him. w~. Hallman informed them that a town and 8ounty were wor~ing together in the Gainesville area under an !nterlocal Agreement such as theirs and it is working good. Mr. Caldwell asked if this city and county arrange- ment was such that they could renege on any agreement reached at Board meetings, such as has happened here and M_~. Hallman replied that he had not checked this, but he compared the two agreements and they are similar. He added that they do not have the same number of people, but the same type of governing by the two ~odies. Mr. Moore stated that this is what is causing the stumbling block - getting the Board to move forward as a Board. Mr. Hallman replied that he thought the Interlocat Agreement could be improved. M~. Hallman informed them that they were preparing a manage- ment plan with input from all the communities. One of their responsibilities is to make a report and include in the 201 a management scheme. They are getting to this point in the 201 study at this time. He told about working on this and stated he thinks they are going to see it work if they give it an opportunity. -5- MINUTES - SPECI~/L CITY 6OUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1977 Mm. Moore asked if the Gainesville area had equal represen- tation and ¥~. Hallman replied: yes, with the same recourse through the court. Mr. Moore asked if the county went back to the council room and exercised veto power and t~. Hallman replied that he did not know. Mr. Moore suggested possibly visiting with them. Fir. Startzman clarified that this agree- ment did have the 70% situation necessary to makeaanything affirmative. }~. Moore asked if they did have the procedure where they could not go back to the individual councils and }~. Startzm~u replied that the action has to be individually taken. He told about this being presented by Mr. Sheppard, hut Delray Beach turned it down. He tken explained how they had to make a joint application as required by EPA. Mr. Moore asked if the rates were determined by the Bosmd and Mr. Startzman informed him that the~ must prepare a rate ordinance which is approved by EPA. Mr. Canon added that the Board would set the rates. Mr. Moore asked about the existing bonded indebtedness and Mm. Startzman informed him that each city paid off their own. The cities do their own collecting. It is all metered. The distribution of costs will be based on the operating costs. Mr. Moore asked if any bonds would be floated for the district ~md ~,~. Canon replied they would for future construction, but not the initial phase. Mr. Start~mau stated that he thinks each city would raise their own proportionate share and there will be no bonds by the region. M~s. Jackson stated that each city gets 6 mgd a piece until the new plant is finished. Mr. Canon clarified that they would get the proportionate rate they need and if they do not need 6 m~d, they would not get it. Mr. Startzmau clarified that the Interlocal Agree- ment stipulates the allocation of capacity will be equal and he explained. The ownership of the plant is equal be- cause it is based on the money each contributed. However, if one city contracts for so much capacity and finds they do not need it and the other city needs it, they can ask to utilize that capacity but will have to pay 15~ of the rate. This prevents someone from getting excess capacity. Mrs. Jackson agreed this was the safeguard which would keeD one city from getting more than their share. ~. Startzm~n added that the extra 50% was credited back to the owning city. They discussed how this was si~milar to the water rate charges presently in effect. Mr. Moore asked if either side could exercise this right arbitrarily and ~r. Startzman replied: no, the Board will administer it. Mr. Caldwell asked if once they gave it, would they be able to have it back and ~r. Startzman explained how when 75% of the capacity was used, plans will go forward immediately for the next increment and it must be completed by the time it reaches 85%. Mayor Zack stated that he thought at completion of 50%, they could apply foraadditional funds and Mr. Startzman replied that when this plant is built, it is supposed to -6- MINUTES - SPECIAL CITY COUNCIL MEETING F BOt~¢TON BEACH, FLORIDA EBRU_~RY 77, 1977 ~ &~ capacity; therefore, there is nothing to prohibit them from starting plans for the next increment. M~. Canon in- formed them that he was working on that application now. A resolution was just passed for the second phase of con- struction and it must be submitted by March 75 to get on the next EP~_ priority list. ~!r. DeMarco referred to both ~r. Canon and Mr. Startzman working on this agreement and asked if they were satisfied and Mr. Startzman replied: yes as if he wasn't satisfied, he would~,t have submitted it. Iff. DeM~rco asked if there should be any additions and Mayor Eack replied that he thought "'must" should Be inserted in Section 4 instead of "may-. Mr. Startzman replied that it did not say may. ~Ir. Canon added that he didn,t think it made much difference because as they agreed and Mr. Mariott included in his description to his Council, the word responsive is a term which may or may not be mandatory. Mayor Zackqquestioned the advantage of having it if they wouldn,t do it and Mr. Cano~ replied that t~ey may have some requests we could make to them° Mayor Eack asked w~y they had been fighting this Section 4 all the time mud Mr. Canon replied because of certain peoples, interpretation of responsive; some people felt they had to do it. Moore stated it could be negative or affirmative r~sognsive and he did not think it mea~s anything. M~. Startzm~ added that they coul~ not force the other side to do anything. M~. Canon clarified that Delray Beach would be supervising construction and there was not much they could do to do it differently. All the changes must come through the Board. If the Board approves a change, it is forwarded to Delray Beach and they must comply with it. Mayor lack asked what would happen if Delray Beach wouldn,t ratify a change order and ~. Canon replied that they must ratify a change order and Mr. Startzman added that both sides would suffer. DeMarco added that Delray Beach would suffer as they don'~ have a sewer system. Mr. Moore stated that Delray Beach must expedite it as it is i~ their back yard. Mr. Startzmam clarified that Delray Beach has supervisory rights per the Interlocal Agreement but the engineers are suoervis~ng it anyhow. ' ~ - Meyor Zack asked who would be responsible for hiring the personnel for thisffacility and ~!r. Canon replied that it was not in this agreement and has nothing to do with it. Mmyor lack referred to this being in the Interlocal ~ree- ment and M~. Startzman agreed and according to the Inter- local Agreement, the Boe~d shall have full control over the personnel positions. The WQMP specifies at some length that the utmost effort must be made to absorb all the people frOm the plants which will be shut down, so they won't be thrown out of jobs. With the weight of that, a good plant operator would be something they would be looking for. The -7- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1977 Board will have the control over the manning of the plant, not the people but the position. ~. DeF~rco advised that Delrsj Beach has agreed to use personnel from both cities. Mr. Canon stated that according th the Interlocal Agreement, the Chief Executive Officer does all the hiring for the faci- lity and this will be a problem. Mayor Zack clarified that his recommendations would he subject to Board approval. Startzman stated this could he settled whe~ they get under- way. He clarified that it was not the purpose o~ the Inter- local Agreement that the Chief Executive Officer could hire personnel supervising construction. He explained how this was patterned with goverrn~ent practices with the personnel staffed and positions co~trolled. Mayor Eack referred to there being concern about who would do the hiring, who would be picked, etc. and F~. Startzman informed him that this must be worked out in operation. Mr. Caldwell asked what the difference wasbbetween controlling the positions and controlling the personnel; the position is the job and the personne~ is the man. F~. Canon informed him that the number of personnel would be controlled by the Board. Startzmsm added that the ~QMP also specified the number. Mr. Caldwell asked who would be in charge of filling the positions and ~r. Canon replied that since the City of Delray Beach is going to operate the plant, they should actually hire the people. He referred to there being a number of problem_s in transferring personnel from one community to another with seniority, retirement systems, etc. Mr. DeM~rco asked if he said Delray Beach was going to run the plant and M~r. Startzmanreplied that Delray Beach does the day-to-day operation and the Chief Executive Officer is the administrator of the facility. ~. DeMarco agreed there may possibly be problems with Boynton Beach employees going to worktthere with regards to pension, etc. and this was discussed further. Mr. Canon clarified that it was all right for someone to say how many persons, but to employ a particular person has to be under the control of the people actually operating. ~m. DeMarco remarked that it still worried him about Delray Beach operating the plant a~d having complete control. Mr. Moore asked why the Board didn,t run it and ~Lr. Cs~on replied because it wasn't an autonomous body. If it was composed of people with author- ity, it would be possibls 8md this could be changed. N~. ~eMarco stated that if Delray Beach was going to operate it, the Board was not necessary and ~. Canon replied that they needed someone to be a buffer and dictate po ~c~es. Mr. Startzman clarified that the word "operatiag" means within the confines of day to day and it does not say anything about policies or control of costs, which is rested with the Board. M~. Moore clarified that Delray Beach would hire the per- sonnel and he asked if they would be employees of Delray Beach and M~. Cs~on replied: yes. Mr. Startzman explained -8- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRU~_R¥ 17 , ~ 977 that there was another good reason as the Board was not set up to supply the fringe benefits, etc. Mr. Moore stated that we are going to be paying for halfo~f the personnel and Mr. Startzman agreed, providing we run 50% of the efflu- ent into there. Mr. Moore stated he could see where they wanted to keep a hand on construction, but not on running it. Mr. Startzman informed him that Delray Beach w~ set up to handle it within the city. All the problems of the plant are within Delray Beach. Delray Beach was willing to take on the personnel load and operation of it at no profit. ~ayor Zack re£erred to the possibility of nobody be~ug hired from Boynton Beach and Mr. Startzman replied that they could not control this and it must be worked out in setting up the staffing positions. He is sure that Delray Beach would be very glad to take any capable person because there are not enough to go around. It has been reported to him upon ex~ tremely good authority that some of our best peoole in our plant are not crazy about going to Delray Beach ~nd are lookio~g other places today. This was forced on them by the WQMP. Mayor Zack asked if the employees felt this way be- cause of insecurity and Mr. Startzman replied that he had =ot talked to them and it is hearsay. He added that he heard these statements also when they first began discussing this in 1973. ¥~. Canon informed them that he would be work- ing on the operation agreement ~hortly and hoped to work out some of these problems and consideration will be given to the existing employees in both cities and more particularly in Beynton Beach because they have a larger number of employees. Mr. DeMarco remarked that a man coul~ los~ ten years of ser- vice and Mr. Canon agreed. M~. Startzmam stated he thought it was encumbent ~pon the ~oard to work this out ~ the agreement. ~. DeMarco asked about the reaction from the employees in the Gainesvi!le area and ~. Hallman replied that he had not really gotten into this detail of the oper- ation. He added that this oarticul~r interlocal Agreement started several monthsbbe£o~e ours and they are about one year ahead of us. ~. DeMarco asked if they were operating amd M~. Hallman replied: yes. M~. Canon stated he had not heard about this agency, but would be in touch with them very shortly to discuss these problems. M~. DeMarco stated he was still concerned about the employ- ees from Boynton Beach and this was discussed further. ~. Caldwell told about the possibility of transferring the pen- sion~ funds and explained how a specific agreement may possi- bly be worked out. M~. Canon advised that he was trying to work this out now, but has been told the ordinances are set uo so they cannot do it. If it is an ordinance, he does not know why it cannot be changed. Mr. Caldwell explained how special agreements had been reached an~ M~s. Jackson sug- gested researching it further. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY t 7, 1977 M~yor Zack asked if it was possible to put some sort of agree- ment into the contract regarding personnel and Mr. Canon re- plied that he thought this could be worked out in the opera- tional agreement. He stressed that they have been moving right along and the plant is under construction. He referred to his annual report listing the recommendation to work on the operational agreement. He hopes to have this by October ~gc$us~hey have to have a Chief Plant Operator by the time ~ is Du~ under construction. They must h~ve the operational agreement completed. Mr. Moore referred to the resident inspection which Delray Beach wilt provide and Nr. Canon agreed. Mr. Moore stated that this will come out of Board funds and Mr. Canon agreed. Mr. Moore asked if they were also paying for and getting resident inspection from the cnnsulting engineers and Mr. Canon replied: yes. t~. I~oore asked if they were paying double a~ud Mm. Canon replied that two different kinds of engineers were providing detailed supervision of the con- struction and Delray Beach will be doing the administrative. Delray Beach will be handling the paper work going along withRusaell & Axon. Mr. Moore asked what the Board was ~oingand Mm. Ca, on repliedtthat it was setting policy. ¥~. Moore referred to Delray Beach providimg the resident supervision and questioned what Russell & Axon would be doing and ~m. Hatlman replied that Deir~v Beach would be contracting with the consulting engineers to provide de- tailed day-to-day engineering J_uspection. The personnel they are speaking of is for additional supervision ~md they have assigned two people there to process the paper work through the city and he believes these personnel will be reimbursed by EPA funds. The day-to-day supervision is provided by contract by Russell & Axon. ~. ~oore asked if Delray Beach had hired Russell & A~on to perform this and M~. Hallman replied that Delray Beach will be contracting with Russell & Axon. Mr. Moore stated that the Board is also contracting with Russell & Axon and M~. Hallman replied that the Board is contracting with Rmssell & Axon to see everything is built according to specifications, but the resident inspectors inspect the steel, concreve, etc. There are two fulltime resident inspectors and a fulltime engineer. He explained further how the construction was proceeding and the duties of the inspectors. Mr. Moore replied that he still could not see the division between what they are doing and it seemed like Delray Beach was hiring Russell & A~on and the Bos~d was hiring Russell & Axon. Mr. Canon informed him that the Board had not hired Russell & Axon. Mm. Hallman clarified they were under con- tract by the two cities to ~rovide plans and specifications and supervision. Each invoice is split right down the mid- dle to the two cities. The Board passed a motion that the Chief Executive Officer would be the designated representa- tivs and we work through him for representation to the Board. -10- MI~UJTES - SPECIAL CITY COUNCIL ~ETING BOYETON BEACH, FL~ IDA FEBRUARY 17, 1977 ~. Moore clarified that the two cities have retained Rus- sell & Axon for resident inspection and why should there be a contract for Delray Beach to hire them again and ~r. Hallman replied that Delbay Beach would be assuming the respohsibility for paying the entire load and billing hack to the Board. Russell & Axon is not getting paid twice. They are functioning this way according to the Interlocal Agreement and it is beginning to work. Mr. Startzman added that the WQl~Prequire~ the Project Engineer to be a sg~arate engineer from either ~Ji~, but Delray Beach an~ Boynton Beach Eelt Mr. Hallman should cover the whole thing in its entirety. He explaine~ how there would have ~een a lot of cmnfmsion to have a ~ew engineer and referred to Russell &Axo~ drawing up the plans and being %he engineers of recor~ Mrs. Jackson requested a cody of the WQMP for every member of the Board. Mr. Canon informed her that the WQFLo is really outdated. He explained how a 208 program for the whole County and a 20t facility plan was ~eing done for this re- gion and advised that these would be more ia detail. There is a section which will deal with the problem of management and will give recommendations. A lot of these problems will be covered and will be included. They will make specific recommendations for the future ~nd can act on it at that time when it comes about. ~. ~oore again referred to the different types of inspec- tion services and ~. Canon replied that there was not a~y difference as the engineering service Russell & Axon i~ going to perform is for the supervision of construction and author- ization for the facility and pipeline. Mr. DeMarco referred to the building inspectors from Delray Beach and ~¢r. Canon reD,led that this was another problem as they included in th~ agreement that Delray Beach would be paid for inspections, but Delray Beach wants permit fees to cover it. Their permit fees are the cost for the munici- pality to do the inspection work. He does not know how they are going to relate that to not double charging. M~. D~Marco referred to ~. Moore's reference to double inspections and Mm. Canon informed him that Russell & Axon inspections were entirely different than Delray Beach. Russell & Axon will make sure the plant is built in accor- dance with the plans and specifications and the Delray Beach inspectors will make sure it is built according to their codes. Mayor Zack referred to there being quite a few trades involved and asked if they had qualified inspectors and Mr. Canon replied that he assumed they have qualified inspectors ~aud Russell & Axon will be inspecting it to make sure it conforms to the plans and specifications. ~yor Zacktthen asked who would be responsible for the time logged for the inspections and M~. Canon replied that this is why he said Delray Beach should decide whether to be paid MINUTES - SPECIAL CITY COUNCIL MEETING FEBRU~&R¥ 17, 1977 BOTNTON BEACH, FLORIDA under the permit fees or under Section 8 for inspections. Ms. Caldwell stated that the permit fees are not refundable by EPA, but the inspection fees are. Mr. Canon informed them that he had received a bill for the permit fees for a little over $10,000 and they presume it will he paid~ M~r. Moore stated that Delray Beach would pay half emd Mr. DeMarco agreed. Mayor Zack stated there was a quest~on~ in regards to the permit fees and whether the Federal Government would reimburse them. Mr. Canon replied that no precedent had been set. They have paid the permit fees for other agencies of ~overnment like the railroad oeople. He contacted the ~A, but they found no orecedent-~here they had oaid the unicipality which has the grant zor the oermit Zees. Sec- tion 8 only covers inspection time. ~hat~ver the City has to do in the project is refundable. However, it does not state permit fees. Mr. DeMarco asked if he still ple~ned to file them under Section 8 and Ms. Canon replied that he could not. Mr. DeMarco asked how he was going to try to recover these fees and Mr. Canon informed him that Mr. Mariott was going to try to get it listed by EPA. Mr. DeMarco questioned the method and ~. Canon informed him that they could not have an invoice for permit fees and sub- mit it to EPA for so many hours, but must bill for the hours, date and function performed. M~. Canon stated that he hoped they would approve payment of the permit fees and referred to Boynton Beach putting the money in e~crow, but if it is to be submitted under Section 8, it must be paid. ~. Caldwell suggested telling Delray to submit a bill accordingly. Mayor Back asked if they had received a bill for the permits ~d M~. Canon re- plied that he just received it. Mr. DeMarco referred to their agreement to put the money in escrow and asked if Delray Beach had? 1~. Canon clarified that he could not submit an invoice to EPA unless it is paid. Mr. Moore stated that the wa~- it was billed, there was a chance it would not be reimbursable and M~. Canon replied that he would try. ~¥or Zack added that since this was not in- volved in the original estimate, they may not pay and Canon informed him there was enough money in contingencies to cover it. He would like permission from the Council to pay the bill and submit it to EP~ and if not reimbursable to discuss it further to see if Delray Beach will retract it and see if it can be resubmitted under Section 8. He feels it would be in the best interest to pay the bill and he will try to submit it te EPA and get reimbursed. Mr. Caldwell clarified that this meant Boynton Beach must pay $5,000 and Mr. ame~eneplied that if it is not reimbursed, they will be out $5,000 or could discuss it further with Delray Beach. b~. Moore stated that he hoped for coopera- tion and thinks Delray Beach should bill it to give the best chance for reimbursement° He asked if this was holding up the project going forward and M~. Canon replied that they must have the permits and they were issued in good faith on the basis they would be paid. -12- M/NUTES - SPECIAL CI~ COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1977 ~ayor Zack clarified that Mr. Hallman is representing the Board amd is the Project Engineer and reports any cha~Eesto the Board and ~. Canon agreed and stated that Mr. Hal!man has been doing that. Mr. Hallman added that at this time, they are not experiencing any difficulty working under the procedo~es. They are in complete agreement with the two Councils and the Board. He is functioning as Project Mana- ger to the ~outh Central Regional Wastewater Treatment and Disposal Board. He has a staff of resident engineers and inspectors. _&ny problems, additions, or cha~.ges will be brought to the attention of the Chief Execu~iv.e Officer to be Brought before the Board. Mayor Zack clarified that the other engineers were under his authority a~d Mr. Eallman agreed. Mrs. Jack~on clarified that three different people were representing each o~s and M~. Hallman agreed. M_rs. Jackson made a motion to approve the a~e~ment, seconded By Mr. DeM~mrco. No discussion. Mrs. Padgett took a roll cmll vote as follows: Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye F~or Zack - Aye Motion ~ ~ ~ carr_e~ ~-0. Mr. DeMarco made a motion to pay abe-half of the permit fees and the Ch~f Executive Officer, _Mr. Canon, shall make every effort to collect this money from EPA and if ~md when it is collected, ~t~w~i~ywill he reimbursed for its pro-rata share. Mrs. Jackson seconded the motion~ Under discussion, Caldwell announced he would like to ask each Council person individually if they could see any other way to oroceed with the project in good faith with Delray Beach othe~ than how ~. DeMarco made the motion. He cannot, other than to oay their half of the permit fee. If they feel there is another way, he would like to hear it before voting. Mayor Zack reolied that they had discussed this previously and he could n~ see any other way, f~rs. Jackson agreed that she could not see any other way. ~. Canon informed them that the agreement they 'u ~ ~ s~ accepted now alters the way things are paid. The Board will pay all bills including the oermit and inspection fees. ~hen the reimbursements come bac~ from EPA, they go hack into the pool of funds controlled hy the Board. He re- quests that they just ahthorize payment of the bill. The ~otion referred to reimbursement to the City, but the funds will stay with the Board. Mr- De~mrco replied that they were ~ng it from the City of Boynton Beach and M~. Canon re- ferred to each City having given money. The Board will need more money when it is towards the end of the construction. -13- MINUTES - ~PECIAL CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA FEBRUARY 17, t977 ~ Moore clarified that if it went back to the Board, it would mean less money to come from each City. Mr. Canon added that he wanted to clarify the administrative procedure. M~or Zack stated that they do not need a motion and N~. Canon replied that he needs authority to pay the bill. Mrs. Padget% then tookaa roll call vote on the motion as follows~ Councilman DeMarco - Aye ~ice Mayor Jackson - Aye Councilman Strnad - ~ye Goumcilma~Caldwell - Aye ~or Zack - Aye Motion carried 5-0. Mr. Canon stated that in view of what has been said and the commitment made by Mr. Hallman, he really does not see any need for the engineering agreement which he submitted to both cities. He prepared it at the direction of the Board, but he does not feel it isnecessary. N~s. Jackson suggested dropping it and Mayor Zack requested that a cgpy of these minute~ be sent to Delray Beach in clarification. Resolution No. 77-M - Re: Repealing Resolution Ne. 75-SS Regarding Intracoastal Bridge Mr. Moore read proposed Resolution Nee 77-M~ Mr. Caldwell moved the adoption of Resolution No. 77-M, seconded by N~s. Jack, on. Under discussion, ~s. Jackson advised that it should be citizens, voters and property owners and ~. Kohl replie~ that she told him it has to be property owners and he has voters and property owners on the sheet. M~s. Jackson agreed citizens could be taken out. M~. Caldwell made a motion seconded by Y~s. Jackson. Motion carried 5-0. ~s. Padgett then took a roll call vote on the as fotlows: Vice Mayor Jack~on - Aye Councilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack - Aye to amend with taking out citizens, original motion Motion carried 5-0. Resolution No. 77-N - Re: Abolishing the Position of License .Inspector M~. Moore read proposed Resolution No. 77-N. Mrs. Jackson moved the adoption of Resolution No. 77-N, seconded by ~. DeMarco. Under discussion, ~. Caldwell advised that this MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 17, 1977 was recommended by Mr. Howell. M~. Kohl added that in abo- lishing this position, they are going to utilize the regular ~i~$~ inspector. The gentleman does not have the criteria and kno~edge and all the different certificates to apply to this job. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco Yes Vice Mayor Jackson - Aye Mayor Zack - Aye Motion carried 5-0. Adjournment Me. Strnad made a motion to adjourn, seconded by Mrs. Jackson. MotiOn carried 5-0 and the meeting was properly adjomrned at 8:50 P. M. CITY OF BOYNTON BEACH, FLORIDA BY ro~ ~yor ~TTEST: Recording Secretary (Two Tapes) / Council Member -t5-