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Minutes 07-08-74MINUTES OF SPECIAl MEETING OF THE CITY COUNCIL OF THE CITY OP BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ MONDAY~ JULY 8, 1974 PRESENT Joe DeLong, Mayor David Robemts, Vice Mayor Edward Harmening, Councilman Norman Strnad, Councilman ~BSENT Forrest L. Wallace, Councilman (On Vacation) Ernest Simon, City Attorney Frank Kohl~ City Manager Terees c Padgett, City Clerk Mayor DeLong called the Special Meeting to order at 5:00 P. M., stating that subject meeting had been called by the Chair a£ter consultation with the other members of Council to discuss the proposed waste water disposal facility tO accommodate Boynron Beach, Delray Beach, and the satellite communities on the Ocean. The Mayor then read a portion of See. 54 of the Charter outlining the duties, powers and privileges of the Mayor~ and reiterated that he was simply ~ servant of the Council in all activities throughout the year. Mayor DeLong praised the extended efforts of Paul Startzman in beha3_~ of the City of Boynton Beach, as Liaison on this regional facility. Mr. Startzman has spent many, many hours, and traveled many miles to assist the Cit~and the Mayor extended the sincere thanks of the Council to Mz. Startzman, and requested the record indicate the fullest appreciation of this City to Mr. Startzman, who had given so unselfishly of his time and efforts on this subjecT. Mr. Hugh David, Mayor of Briny Breezes, was in the audience and was recognized by Mayor DeLong. Mayor DeLong then read the attached Comments on ~osition and Strategy prepared by Paul H. Startzman, Regional Facility Liaison Officer, lowing Miami Herald Article July 6, 1974. Eae Mayor stated that a£ter many hours of reseameh and study Mr. Startz- man had come up with two plans: (1) Authority (2) Inter-local which had both been by-passed. He further stated that the City of Boyn- Ton Beach had offered to compromise with the City of Delray Beach, but To no avail. The full intent of this Council is to protect the interest of the citizens of Boynton Beach, and we feel as though we should have a voice in management. -1- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 8, 1974 Mr. Prank Kohl reported to Council that he had spent most of the day on the telephone, but he felt it had been a waste of time. ~e had ealled Mr. Ballet, head of D. P. C., Mr. Pdaoades, who is in charge of funding, B. P. C., and Dan Mica, Aide to Congressman Rogers, and Dick Latesca, who is in charge of Mr. Rogers office in Washington. He gave a detailed report on the conversation between him and Mr. Rhoades about ll:30 A. M., and his conversation with Dick Latesca about 3:1S P.M. The Mayor requested that these conversations be made part of the record. Same are attached hereto, and made a part of these minutes. The Mayor said he did not appreciate the threat that appeared in the paper, and was attributed to the Mayor of Delray Beach, when he said the State D. P. C. will probably, if Boynton Beach does not sign a contract with Delray Beach~ declare a 10C~o moratorium on our present sewer treat- ment plant. He felt this was a bad way to try to arrive at an amicable settlement of this particular situation. Mr. Roberts stated he thought anything he m~dtmi, qtyt be attributed to the fact that he was deeply disturbed, which means ri~ht on the boiling point, and possibly that is bad too. I read the suggested action, and while this is spelled out by Mr. Startz- man in a very gentlemanly way, there are several t~ings, I think, that should be brought out in plain language. We went along with the instructions from the government, WQMP, EPA, etc. etc. We were given orders and ~uidelines, it was a joint venture, and the ~pplication was submitted on that basis. It is very simple. At the conference that we had here on 3une 26th Mr. Scheifley said ~:We have the outfall system, we have the land, we have the municipal bonds, the City of Delray was granted $8.4 million for a regional service plant and Boynton Beach was not mentioned''. That was Poin~ No. 1 to which I replied in the minutes. Mr. BeLong remarked that the moratorium was placed on that outfalt system because they are permitting raw sewage to flow into the Atlantic Ocean. The reason why they are getting into this regional plant is because they were supposed to have to build another plant anyway, onnthat account. Mr. Roberts said he was referring to M~¢ Scheiflev's statement when he said that the grant was for Delray Beach, and Boston Beach was not mentioned - and I didn't particularly like the statemenv because I chal- lenged it ~nd he retracted it~ and he said ~:Yes, yes, you're right". The second statement when I got hold of the contract they said Delray Beach is in the process of securinq the required Federal and state T-~to convert our process to th~ regional waste water treatment. That was Point No. 2. -2- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 8, 1974 It was followed up by a Pmess statement which also came out the follow- ing day, and he said Delray Beach was named as the city to reneive the $8.4 million grant. At that time, as you recall, I spoke with you and I said some very unkind things about Delray Beach, and in addition to that, we have received this threat. (about a moratoriuz~%) Now, the statements au the conference re proposed agreement and new requests made by the Mayor indicate to me that there was some behind the scenes maneuvering, and it was a unilateral arrangement. Mr. Baljet came out with a statement about the grant. He said that we had priority, and he said that this was a joint matter, both from a standpoint of Joint Ownership and Joint Management, which is contrary to what Delray has been giving us. Mayor DeLong stated for the record that the City of Boynton Beach was endeavoring to protect the satellite communities as well as the City of Boynton Beach in their efforts of negotiation. City Attorney Simon arrived at this point. Mr. Harmening thanked Mr. Startzman foz the report, and reviewed some back history on meetings of this Council with various groups in an effort to follow the Bishop report. He felt this pro~.ect originated as a joint venture between the two cities and that Boynton Beach had attempted to follow the W. Q. M. P. and had not deviated from the ori- ginal plan. He agreed with Vice Mayor Roberts that we should do some- thing to pro~ect our interest - even to the point of legal redress. Mr. Strnad felt the Council should stand solid on their convictions. The Mayor reminded the Council that they had met today for the specific purpose of resolving the present circumstanees. Mr. Roberts said there was a meeting Tuesday between the D. P. C. and the E. P. A~ He felt they should be acquainted with the full facts of the ease and that this grant should be delayed until we can settle our differences. He did not want to lose the grant, but the differences should be resolved. Mr. DeLong then read Paragraph B.7 on Page 3 of Mr. Startzman's Report and warned the Council to be prepared for reprisals if they take defin- itive action here today. Mr. Roberts made a motion that a telegram be sent~ followed up by a telephone call by the City Manager, following the outline insofar as ~he proposals made by Mr. Stamtzman, with any additions deemed neces- s ary~ to Mr. Jack Ravan, Director of E. P. A. in Atlanta. Motion seconded by Mr. Strnad. Mr. Roberts will assist in the preparation of the telegram. Motion carried 4-0. MINHTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 8, 1974 C The Mayor ealled for consideration of the meeting scheduled with Delray Beach next Monday, at 5:30 P. M. Discussion followed in whiak Mr. Harmening stated he was willing to go that extra mile and meetione more time, and listen to Delray Beach officials in an effort to negotiate. Mr. Roberts made a motion to cancel the meeting gcheduled with Delray Beach for next Monday at 5:30 P. M., and notify the Delray Beach offi- cials accordingly. Motion seconded by Mr. Strnad, and carried 4-0. Mr. Harmening moved to instruct the City Attorney to acquaint himself thoroughly with the background of this matter all the way back to the beginning of this regional facility~ so we would be prepared for future action without too much delay. Motion seconded by Mr. Strnad, and carried 4-0. Mr. Kohl announced ~/~Rt the dedication of the Fire Sub-Station was scheduled for July 20th. ~he press was in error in their report. Meeting ad~o~mned at 6:00 P. M. CITY OF BOYNTON BEACH, FLORIDA / Viee Mayor ATTEST -4- I. SITUATION COFL~-Ei%~TS ON POSITION ~[D S~t~TE~y FOLLOWING MIAMI ~ERALD A/{T'ICI,R 7/6/74 A. EPA does not concur in DPC distribution of grants. EPA (Ravan) claims State (DPC) has no~ followed ewnrutes of p~iority. (priority rules are so complicated very few people seem to ~nderstand} EPA claims Florida rules place heavy empAasis on high area sensitivityto additiom~aI se~rage discharge. -3. Ho disclmmge" position. areas entitled to boosted priority 4. Pinellas County is a "no discharge area. 4 EPA-claims regardless of how clean the treated sewage discharge is, the Pinellas County receiving waters cannot stand it as proved by biological and chemical determinations. DPC occupying the EPA maintains they will not approve a plan for grants which do not give equal recognition to all plants in a "no discharge" area. EPA disclaims political pressure and any such claims are false. (Baljet) has submitted approved list with Delray-Boynton' 22nd and last position on the priority list. 1. Pinellas County raised strong objections to priority ratings at the Orlando hearing but were overrulc~l. 2. Bo~h Delray and Boynton had representation at this meeting. On 3/19/74 at a meeting in~Tampa,~ th~.mpalm Beach .... Delegation" persuaded the DPC to dh~e t~e time for acceptable treatment facility completion be changed to July 1, 1977 from July 1, 1976. DPC says the 8.4 million grant scheduled for Boynton regional plant will be remDve~ from the list if EPA position prevails. II. EFFECT Page 2. EPA is grant source, therefore, is the last word other than court decree. (This is a fine example of wktrBoynton must have solid equitable representation in management of regional facility.) DPC maintains the grant list is an excellent one and threatens to pursue their position in court which in turn means delay upon delay and a "long hot summer". OF EPA-DPC DISAGREEMENT A. Delray Beach 1. Delray cannot proceed without federal grants regardless of type of management, arrangement wit/% Boynton Beach. - 2. ResolutiOn of the disputed quality of the grant recommendation.- does not appear likely to be had' early in FY 75 if at all. T~erefore, a delay of at least a year appears pro~ble for both Delray Beach and Boynton Beach. 3. Even though the dispute resolution is had by EPA and DPC~ the fact that no agreement has been reached with Bo!rnton Beach raises the specter of "inadequate authority~ (Please refer to paragraphs 1, 2 and 3 on Pages 3, 4 and 5 of .'white. paper' dated 1/25/74, distributed to Council and staff on 1/30/74 .) . 4. Under PL92-500, the 120 days from date of the submission ~y DPC to EPA has probably started. B. Boynton Beach. 1. Appears the EPA-DPC dispute offers a respite from im~edlate pressure of management arrangement with Delray Beach. e Unless EPA capitulates from reported posltion on grant distribution, another year is offered for attempts to arrive at a truly negotiated management arrangement as contrasted with circurastsntiaily collusive efforts to force ~ceptance of a-rigid, contract. ......... It could be hypothesized that the APB and DPC have probably decided to designate Delray Beach as the management agency by unpublicized unilateral action despite the clearly labeled joint application %C1204060t0 and the State Clearing House $SAI 731309. PAGE 3 'III. A. It could he further hypothesized that despite appeals for urgency, a sluggish schedule of negotiation, ah istory oflast minute delays, release of recommended grant eligi- bility solely in the name of Delray Beach at the Orlando meeting and the definitive assurances~y Delray Beach officials that negotiation delays prior to July 1, 1974, could not possibly d~mage Delray Beach's position are serious and circumstantial evidence of staged steps involving the collaboration and approval of the A~B and DPC directed to the imposition of the contract tlr~e of arrangement. 5. Public statements at one public hearing at the Ati~altic High School on 12/17/73 and newspaper reports of anmther meeting with~ mayors of satellite comm~ities on t~e p~rt of the Chairman of the APB constitute additional cir6um-- stantial evidence of collusion in t~e furtheranc~ of the contract arra.Dgement. Further circumstantial evidence could be the convenient extension of time from the DPC to arrive at a management agreement without simultaneous notification to atl parties concerned. Due to treatment plant expansion now ~nderway, Boynton Beach stands to suffer the least of all parties co~cerned if the EPA removes the South Central Regional treatment sys%2m from the list of grant recipients. Satellite Communities 1. Deprived of advantages of sewerage collection, treatment and disposal system for time it will take to resolve this entire snafu. 2. Irreparable disarrangement of all plarmeing ~ased on purportedly official mishandling of requisites. SUGGESTED ACTION Contact EPA Regional Office; Atlanta (Rava~) i. Inquire as to status of grant to determine of newspaper report. accu~ Page Inquire as to status of recommended management agency for South Central Region. Acquaint EPA with unsatisfactory manner in which ~oint participation negotiations between De]ray Beach and Boynton Beach have occurred. 4. Acquaint EPA with Boynton Beach's efforts to effect an equitable management arrangement as outined in the as adopted by the APB, DPC and EPA, without serious loss of voice in management, the rights of and protection for our citizens. 5. Acquaint the EPA that BoyntonBeach has jointly signed with Delray Beach, allrequests for ~ra~ts,' has expended $168,000 as one-half the cost of treatment plant plans and stands ready and able to finance and ot=%.eL~¢ise'see tb_~ough to a speedy conclusion their rightful contribution to joint effort. . 6. Acquaint the EPA that as evidence of their good faith desire to improve the en lronment, Boynton Beach is in the process of making a $2,050,000 improvealent to their, own treatment plant which may be phased out in the relatively near term. ' · 7. Express willingness to cooperate and colla~orate in every way proper in implementing satisfactory envirornm~Ifcal gontpot without loss of equitable rights-and protection for our citizens. . . B. DeveloR Plan Based on information and guidance recon~endations of EPk, develop a plan for immediate implementation looking toward elimination of bureaucratic collaboration in the unilateral imposition of a management arrangement for the waste water treatment system. Respect~lystfbmitted, ul H. Startzm~) Regional Faci~L~son Officer Boynton Beach~ TELEPHONE COb/VERSATION B~'±'WEEN MR. PdqOADES AND MR. KOHL - ~{on. 7/8/74 ~ 11:30 Mr. Kohl: You that two cities could get together regarding the regional pl an? Mr. Rho ades: Mr. Kohl: To the best of my knowledge a municipality cannot receive federal grant funds unless they conform with the most cost effective solution to solving the waste water pro~Iems, for the County. What goes beyond that point I cannot say under ~nat conditions. grants might be made to individual cities. Does EPA have final say on gran~ng these funds~ Mr. Rhoades: The state comes up with priority lists - EPA has to approve Mr. Kohl: You stated that one 'City cannot take adva~t.age of ~uother when1 I was in your office for our meeting ~nd we feel that Boyr~ton Beach is being taken advantage of regarding the 8.4 million and that Delray Beach will not come to any agreement that we want to be part owner~ At this point, Mr. Kohl read part of Mr. B~ljet's statement from the July 7th Miami Herald. / / Mr. Rhoades: The municipalities must come to a decision, the State cannot tell you how to do it, or how to come to an agreement. 1%~11 be talking to Baljet this afternoon regarding the newspaper article as there was a misunderstanding in the paper regarding the funding concerning deleting Boynton Beach. Mr. Kohl: 8.4 million was given to the State of Florida and DPC has ~warded it to Delray Beach and Boynton Beach together and that is the way we look at it. We are not going any other way. D~tray Beach isnnot going to o~n~ ' alone!! What's the purpose of their controlling it? Mr. Kohl: We don ' t~ ~hoQ-~ ............ Mr. Rhoades: How is Lake Worth and West Palm Beach controlling it? Mr. Kohl: Mr.-Kohl: don't know. Delray Beach and Boynton Beach are of similar size; with similar problems and we feel the 8°4 miliion was g~ve~ to the two cities for a joint venture. We wouldn't have ~this without De/ray Beach and on the other hand, Delray Beach couldn't get the fund- ing without us. Page T~PHONE CONVERSATION - Mr. Rhoads & Mr. Kohl - continued ~r.Kohl: Rhoadses: Would we have received the 8.4 million from DPC? If we did not sign then there would he no way we could receive the funds because we had to go to the Regional Plan as designed by Bishop, so what I am saying to you is that the 8~ milliong belongs to us as well as to Delray Beach. We will go to EPA and ask tha~hey hold hack on the funding until next year if necessary, so we C~lt protect ourselves. The last thing I ca// do is to tell you Bow to set up an authority. TELEPHONE CONVERSATION BETWEEN DICK LATESCA & MR. KO~L- 7/8 ~ 3:15 LaTesca: Talked to Baljet ....... they are having their meeting tomorrow and will not know much about EPA re-acting to priority list until after the meet- ing. We (meaning Cong. Roger's Office) will have a thorough briefing on this on Wednesday by an EPA Representative. ~et's just cool it until Wed or Thursday until we get the outcome of this ~ meetinq. Mr. Kohl: I will pass ~this information onto my Council .... their pretty hot ~bout EPA and Delray Beach. Dick: The first thing is to get the list approved as is and then we can work on the differences.