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Minutes 01-16-79MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 16~ 1979 AT 7:30 P.M. PRESENT Edward P. Harmening, Mayor Betty Riscoe, Vice Mayor Ron Johnson~ Councilman David Roberts~ Councilman Norman Strnad, Councilman Mayor Marmening welcomed everyone and called the meeting to order at 7:30 P. Mo He announced the Invocation will be given tonight by Father A1 Victor, St. Mark's Catholic Church, and requested everyone to please stand. He then thanked Father Victor and requested everyone to remain standing for the Pledge of Allegiance to the Flag led by Vice Mayor Betty Riscoe. Annette P. Tinker, Acting City Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney AGENDA APPROVAL Mayor Harmening asked if there were any additions~ deletions or corrections to the agenda. Mr. Roberts referred to Item C. Status of City Finances under Administrative and stated in view of the fact this has been pub- lished that we have a ~ealthy surplus, he would like this item deleted. He referred to Old Business and requested the addition of Item E to discuss the meeting held Friday afternoon by Council- man Strnad with Ms. Lillian Bonnet and the Building O~f-icial. Mrs. Riscoe referred to Item C-1 under New Business and corrected ttrescindtt to ~reviewt~. M_rs. Tinker announced that she had some additions under Approval 6£ Bills. On Friday, she received a bill from Allen Insurance Company for our special risk accident insurance in the amount of $37169.00 and if not paid tonight, it would be delinquent. She also received a bill from Carpenter, May g Bremer for teaching, training, consulting service and assistance to the ~inance person- nel in the amount of $2,932.00. This a~ternoan about 2:00 P.M., she received an application for permit to solicit from The Soroptimist Club of Boynton Beach/Delray Beach. With the Council's permission, she would like to add these on the agenda. Mr. Johnson referred to Administrative and requested Item I. to be ~isted as: Consider Acceptance of Resignation ~rom Director of Utilities and Replacement. Mms. Riscoe moved to adopt the agenda as corrected, seconded by Mr. Roberts. No discussion. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON ~EACH~ FLORIDA JANUARY 16, 1979 ANNOUNCEMENTS Mayor Harmening read the following letter w~itten to Mr. Harvey W. Rodgers, Tax Coordinator Boynton Beaeh, American Association of Retired Persons, Inc., from Mm. Frank Rohl: 'TWo are very glad to be of some serviee to our taxpayers home in Boynton Beach~ and we are pleased to be able to provide space in our lobby every Monday, Wednesday and Friday from 9:00 A.M. to 1:00 P.M. from February 5~ 1979 to April 15, 1979. We have had tremendous re- sponse from our residents regarding your Tax Aide Progmam, and we appreciate the help this gives our residentso~' He added that anyone who is interested should keep these dates in mind. MINUTES Regular City Council Meeting - January 2, 1979 Mr. Johnson referred to Page 18, fourth line down under his re- marks~ and requested it to read: "One thing, we were talking about harmony and working together on the City Council, I think if we keep one thing in mind, etc." Mrs. Riscoe refer~ed to Page 22, second paragraph~ second line, and corrected the work ~'~ommission" to ~Counci!~. Mr. Roberts moved the adoption of the regular City Council meeting minutes of January 2~ 1979~ as amended, seconded by Mr. Johnson. Motion carried 5-0. Special City Council Meeting - January 4, 1979 Mr. Strnad referred to Page 15, first paragraph~ eleventh line down, and requested the last word on the line ~the'~ to be omitted. Mr. Strnad moved for adoption of the minutes of January 4, 1979, with the correction noted, seconded by Mrs. Riscoe. Motmon carried 5-0. PUBLIC AUDIENCE Mayor Harmening requested anyone who would like to speak about anything not on the agenda to please eome forth. He requested anyone who would to speak on anything on the agenda to please give their name to the City Clerk and they will be allowed to speak when that item is before the body. Mr. Clyde McElrgy, 19 Velaire Drive, stated he would like to obfect to the previous City Council's agreement to rezone the property on the lower end of Hoadley Road. Me appeared before the Plan- ning g Zoning Board and again before the City Council and the recommendation both times was not to rezone the property. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JA~YdARY 16, 1979 Mr. MeElroy continued that within a month not only has this been rezoned, but it has been done without notification. He feels this action is highly unethioal and illegal since information about this was not given. The large parcel between Congress Ave. and Hoadley Road was also rezoned without notification and he feels this was illegal. This is one of the nicest neighborhoods in the City and he does not feel the City is backing them one iota with allowing this to happen. If the eastern side of Hoadley Road is allowed to go commercial, this will allow everyone to have access off Hoad!ey Road. They do not need this kind of action. Mr. Nathaniel MeGrady~ 316 N.W. 17th Avenue, told about kids roaming his area and sho~ting out street lights. He would like to know if there is anything which can be done about this. Tonight, about four teenag~ boys were there shouting the lights and he contacted the Police Dept. and waited about 30 minutes, but there was no response. There should be some kind of punish- ment. Mayor Harmening agreed and suggested if he and a friend view this happening and know the names of the boys~ they should ~gn a complaint with the police and they will take care of the boys. Mr. John Bueeigross, 1210 Old Boynton Road, appeared before the Council and stated that he is the Treasurer representing Poinciana West Condominiums. He referred to another gentleman speaking in behalf of the neighborhood near Hoadley Road and first apologized for not hearing the entire speech because he arrived late. How- ever, he conveys similar sentiments from Poinciana West, a condo- minium of 60 units. They were not notified when this particular zoning was brought to the attention of the Planning & Zoning Board. They are in the immediate vicinity; however, not within the specified footage of the problem. He explained h~ Hoadley Road deadends at the canal and is only used by the people living there. It is a nice residential area. It is a nice place to live because there are no trucks, etc. He assumes the people who built their homes there took this into considemation. He is aware a public hearing was held regarding the rezoning of the parcel of land on the east side of Hoadley Road and common sense tells him it might be in the best interest of everyone if the east side were residential and the west side commercial. With allowing the back parcel to be commercial, it would allow a lot of traffic through Hoadley Road and this would only be a benefit to the developers purchasing that commercial lot and it will not benefit any individuals living there. The thing that disturbs him mostly is the City gave this to the Planning & Zoning Board for their consideration and the Board voted unanimously to zone Hoadley Road residential on the east side. It was then consid- ered by the previous Council and they saw fit to deny the rezon- lng request. However, they decided to reconsider and changed it back to commercial because of something which happened a number of years ago which he doesntt think makes much difference but what is here today is what concerns us now. He referred to -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANU3~RY 16, 1979 ~moperty being zoned appropriately when zoned, but stated everyone knows zoning is not 100% when set up. It is quite a chore to plan areas in a city for development and'try to s~tisfy people, industry~ etc. He questioned again how sucha decision could be made after the unanimous decision made by the Board and Council previously. He referred to statements made for this to be a large department store with this area to be used for parking and stated this sounds good~ but it is still zoned commercial. There is no reason it would definitely be a ~arking area with it being zoned commercial. He is also aware of the beautification treatment ~required by the City with a buffer between commereiat and residential zoDing and stated he would like to know how this would be aeeomplished in this instance. If in the interestof development of Boynton Beach and the interest of availability of positions for people work~ng~ if the Council sees in their wisdom this might be the reason why they would like to have that commercial, he might be able to accept such a thing if they would tell him there would be no access from Hoadley Road. Mr. Buceigross clarified that the important thing is that this has been rezoned without their knowledge. They were invited to the hearir~2~ but thenit was changed without letting them know. He does not think this is proper or right. He thinks this must certainly be considered. Mr. James B. Day came before the Council and advised that he is the trustee of the property everybody has been addressing. The property was totally rezoned in 1971. It was purchased byan. investment group in 1973 and at that time~ it was zoned C-1. In 19Y5~ the City went througha major rezoning operation. He and Mr. Hank Thompson went before the Planning S Zoning Board at that time and were advised the property should stay intact and if there were any changes~ they would be notified. Subse- quently something happened and the back 1.8 acres was rezoned and they didn't know about it. They are trying to get this straightened out. The buyer is Jefferson's Department Store and a site plan has been submitted to the Building Department. This parcel is planned to be used for parking. If the City wants deed restrictions~ they will put it on for parking. They will have access along the canal and behind the building and will not use Hoad!ey Road. Hoadley Road was dedicated to the canal and across the canal and it was abandoned without their knowledge. Jefferson's is willing to work with everybody. If the people don~t want traffic back there~ then they won't have it. It is major development for the City. They have a dead- ling coming up with Jefferson's in which they must exercise their option and if they don't~ it will probably be on account of the parking. Mayor Harmening questioned when the deadline was and Mr. Day replied January 31, He added that they have been trying to work with the City and Jefferson's will also. If the people want beautification~ etc.~ it will be worked in. The site plan is available. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA J~NUARY 16, 1979 Mr. Roberts referred to the entire City being rezoned in 1975 and stated apparently there was an oversight on this par~iou!ar section and there is eorrespondence in the file regarding this. When they came in amd asked to have it eorreoted~ the Planning L Zoning Board apDa~ent!y was against rezoning it and the Council went along with that recommendation. However, when it came back and the situation was explained with all the backup co~respondenee~ the Council felt an error had been ~ade and'should be corrected. Mr. Roy Roseke, 410 Hoadley Road, advised that his property abuts the property in question and he has lived there 22 years. He asked if it was legal to rezone anything without notifying some- body and Mayor Harmening replied that in 19757 ads were published in the paper for the whole City with two pub!io hearings being held. As Councilman Roberts attempted to explain, apparently when the lines were drawn on the map in 1975, it~entsStm&ight~'uthru this property instead of going around. Mr. Roseke agreed and stated this is how it was when he bought his property. This parcel was residential when he bought his property and stayed residential. Mayor Harmening replied that he believes the record will portray this to be C-1 in 1971 and at the time of the rezo~ng in 19Y5~ the C-t and C-3 categories were changed extensively and C-3 zoning was placed on the property at that time. Mr. Roseke clarified that originally when it was changed to commercial, he was not notified. He is the one being affected and will have to look at a parking lot with trucks, dumpsters, etc. Mayor Harmening stated that the site plan submitted for development could possibly take care of this to his advantage and satisfaction. He added that there seems to be some question about this and perhaps it should be given further consideration and placed on the agenda for another meeting. Mr. Roseke questioned what they had to do now to have their property zoned commercial so they could sell it and Mayor Harmening replied that an application for rezoning must be submitted, Mrs. Risooe asked if the City Manager could be requested to direot the City Attorney to look into whether this is a perti- nent situation and the citizens do have a legitimate gripe and the previous Council might have erred that we can delve into this and find out if this is so and bring it up for reconsider- ation? Mr. Vance replied that under Roberts Rules of Order a motion ~or reconsidering can only be made at the next subsequent Council ~eeting. The motion to reconsider must be made by one who voted on the prevailing side of the motion. Mr. Roberts ~eferred to the original action being reconsidered and Mr. Vance disagreed and explained that it could not have been reconsidered because the original action was taken on November 22 and two regular Council meetings intervened prior to the consideration of the matter on January 2. The actual action taken was a motion making a legislative determination that the 1.8 acres should have been included in the entire larger parcel. This was not a motion to reconsider the original zoning app!ioation~ which would have been improper beoause of the intervening time. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1979 Mr. Roberts clarified that the concern was whether an error in t9Y5 should have been corrected. Mr. Vance clarified that it started out as a motion to reconsider, but ended up with a motion making a legislative determination that the zoning map should be correeted to show 1.8 acres as commercial. Mr. Roberts asked if there was anything preventing us from making a correctionand Mr. Vance replied that there are procedures under the code for making a eorrection. He referred to Sections P and G~ Chapter 3, of the Zoning Regulations and clarified that these correetions relate to actions taken by the Planning g Zoning Board rather than the City Council. Mr. Roberts asked if it could be referred back to the Planning & Zor~ng Board to make a correction? Mayor Harmening suggested giving Mr. Vance more time to consider this matter and have discussion at the next meeting. Mr. Vance replied they could bring it back, but to get it back before the Planning & Zoning Board, a motion would have to be made to reconsider the motion making the legislative f~nding and that must be made by the individuals voting on the prevailing side at the last Council meeting. He would suggest the only way to get some time to take a look at it and get it to where it should be would be to determine it was not proper by overturning the previ- ous vote by making a legislative determination and make an approach through the Planning & Zoning Board. Mayor Harmening referred to the present owners having a deadline to meet and asked if the City Attorney had a recommendation? Mr. Vance replied that it appears that the procedure which was adopted at the time of the previous vote during the last Council meeting is not contained in the code. The code does have a couple provisions to take care of errors and mistakes, but those operate through the Planning L Zoning Board. The mistake did not come to the City Council under the procedures set up in our existing zoning code. Mayor Harmening replied that it did come within the purview of this Council to rectify a previous mistake. Mr. Vance replied that there is a procedure for rectifying in the code if there was a mistake. If the Board did not take ah~on, the Council would have to amend the zoning ordinanee. This would have to be done by ordinance. Mayor Harmening stated that it appeared to him there was an error made in the map in going back through the material and his only question is whether the action take by this Counei! was entirely proper? Mr. Vance replied that he is still accumulating paper on this matter and since he only obtained it the latter part of last week, he cannot at this point give an answer. Mayor Hammening suggested putting this on the agenda for discus- sion at the Workshop Meeting. Mr. Vance informed him that if there is no motion to reconsider at this meeting, then there can never be a motion to reconsider as such. -6- MINUTES - REGULAR CITY COUNCIL MEE~IiNG JANUARY 16, 1979 BOYNTON BEACH, FLORIDA Mr. Strnad stated if a mistake was originally made and it was favorable to the people living there, they would not have com- plained or objected to the zoning. Had it been ~adverse, they would have come forth and objected. This has gone on for many~ years and the people assumed the zoning was such when the error was made. Mayor Harmening ~eptied that the owners also were not aware .of it ~and with nobody being aware of it~ nobody sought a cormection, Mr. Strnad questioned how we knew an error was made as this may have been the intention of the Planning & Zoning Board at that time. Mayor Hammening replied that in checking the files~ he thiDJ<s the conclusion is fairly obvious. The line was not intended to be drawn in the manner in which it was. Discussion followed about the proper procedure to follow and Mr. Vance clarified that technically a motion to reconsider~ if adopted~ would bring the motion before the Council. At that point in time~ the motion would be alive and he believes a motion to table would be apprepriate. Mayor Harmening suggested giving Mr. Vance the opportunity to researeh Roberts Rules in detail and coming baek to this item under Legal. BI DS 40,000 Sq. Ft. ~419 Bermuda Sod/S. W. 15th Ave. Little League Field Mayor Harmening referred to the material submitted ~dth the agenda mentioning that this might not be timely and he asked if Mrs. Tinker wanted to strike this from the agenda. Mrs. Tinker recommended striking this from the agenda upon the recom- mendation of the Recreation Director, Mr. Roberts moved to strike this from the agenda upon the recom- mendation of the acting City Manager~ seconded by Mrs. Riseoeo No discussion. Motion carried 5-0. SITE DEVELOPMENT PLANS Applieant: Location: Description: Use: Hank Skokowski of Urban Design Studies West of Congress Avenue and North of Lake Worth Drainage District No. 26 Canal A Parcel of Land located in Palm Beach Farms Co., P!at No. 8, and a parcel of land located in Section $07 Township 45 South, Range 43 East (98 Acres) Multiple Family Development and a 20 acre Commercial I~elopment (Meadow Lakes) Mrs. Tinker announced that she received a letter from Mr. Hank Skokowski of Urban Design Studios requesting this to be tabled or postponed until the February 5 Community Appearance Board meeting and the Febmua~y 6 City Council meeting. Mr. Roberts movedtto table this item as requested, seeonded by Mrs. Riscoa Motion carried 5-0. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~IDA JANUARY 16, 1979 DiScussion of Hoadley Road Parcel (Continued) Mr. Vance announced that he bad found an ~answer regarding the motion to reconsider. If a motion is made to reconsider and adopted~ then the original motion ~is before the Board as though not having voted on it. They can then ~either vote on the motion or a motion to table would be appropriate. Mayor Harmening suggested that it would be in order to table this matter until all the members of the Council have had an opportunity to study all the backup material to see what actually probably transpired at the time of the 1975 rezoning. In order to render a fair and impamtial decision based on the ~acts~ he feels it ~would be necessary for the new Council members to have all the material available which was submitted for the January 2 meeting. Mr. Roberts made a motion to reconsider the action taken on this item at the last meeting~ seconded by Mr. Johnson. Mr. Vance clarified that it was the reconsideration of the motion making the legislative determination that theme was an error in the zoning map me!ating to 1.88 acres which is currently zoned resi- dential and the legislative d~ermination~s that it should be commercial. Motion earried 5-0. Mr. Strnad moved to table this motion at this time, seconded by Mr. Johnson. Motion carried 5-0. Site Development Plans (Continued) Applicant: Location: Description: Use: Robert Hamilton of Mariner Village of Boynton Beach Bast of U. S. ~1 Between N.E. 10th Avenue and N.E. 12th Avenue A Portion of Section 22, Township 45 South, Range 43 East; Lake Addition (7.9 Acres) 65 Unit Townhouse Development (Lake Worth Mariner Village) Mr. Robert Hamilton came before the Council and stated on Wednesday~ November 8~ the City Council approved a change in plat. He ex- plained that the previous owners had plans to build single family homes in this R-3 zoned area~ but were unable to develop it. He went undem contract to purchase and asked the Council to consider allowing him to use the existing plat and live within the boundar- ies of the existing R-3 zoning. He read the conditions the Council based their appmoval on and advised that since that meet- ing~ he has submitted not only these things but all the necessary plansaand requirements of this City which have been approved by all the Boards. Inasmuch as he has complied witht~_he letter o£ November 8 and has been through all the Boards and approved by them unanimously~ he is requesting final approval. -8- MINUTES - REGULAR CITY COHNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16~ 1979 Mayor Harmening stated that the Planning g Zoning Board~ at their regular meeting of January 97 1979, unanimously recommended that the above mentioned site development plans be approved subject to the submitted staff and Board recommendations. Mr. Strnad requested to see the plan. He referred to there being some diseussion about parking along the 20 ft. private road and Mr. Hamilton agreed and stated prohibitions would be ineluded in association documents not allowing parking in the street. Mr. Strnad asked if we could enforce the no parking on this private road and Mayor Harmening replied that the residents ean. Mr. Strnad referred to access by emergency vehie!es and Mr. Vance informed him the City could not enforce no parking on a private street. He added that normally this type of thing is taken care of by deed restrictions or eondominium documents. Mayor Harmening stated this was the recommendation ineorporated into the comments of the various Boards and it can be included in our motion. Mr. Strnad referred to this statement being included in the minutes and Mr. Annunziato informed him that one of the contin- gencies attached to the plan with the Planning $ Zoning BoardTs recommendation was that the community association documents state no parking allowed in the street and access for emergency vehicles be kept open. Mr. Roberts moved to grant the request of Mr. Robert Hamilton of Mariner Village and approve the site plan including the staff recommendations, seconded by Mr. Johnson. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 79-1 - Re: Repealing Ordinance No. 78-3~, Providing for Severance Pay, Sick Pay, and Vacation Pay for City Manager in Event of Discharge Mr. Vanee read proposed Ordinanee No. 79-1 by caption on second reading. Mayor Harmening asked if anyone in the audience would like to speak in favor of this ordinance and received no response. He asked if anyone ~posed to this ordinance wanted to speak and received no response. Mr. Strnad moved for adoption of Ordinance No. 79-1~ seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOt~IDA Vice Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Roberts - Aye Councilman Johnson - Aye Mayor Harmening - Aye J~911ARY 16, 1979 Motion carried 5-0. Ordinances - 1st Reading P~oposed Ordinance No. 79-2 - Re: Bminging Terms of Offiee of the CommUDity Appearanee Board in Conformity wq_th Other Boards Mm. Vance read proposed Ordinance No. 79-2 by caption on first -reading. Mr. Strnad moved for the adoption of Ordinance No. 79-2, seconded by Mr. Roberts. Under discussion~ Mayor Harmening stated if the purpose of this ordinance is to bring the Community Appearance Board into keeping with some of the other Boards and limiting the term to one year, he sees nothing wmong; however, if the proposed ordinance is an attempt to eliminate the four remaining people who were on the Board and carried over to this year, he feels it is a shallow removal. He thinks the people who served the City 'well and came to the meeting last ~ht should be considered and any attempt to use this ordinance to remove them would be ill founded. Mr. Stmnad stated new members were appointed to the Board, which was illegal because of an oversight on the part of our former City Attorney not to include this Board. Mayor Harmening clari- fied that the action taken in regards to this Board was that the aetion was aetua!ly tabled pending a determination as to which members were carried over and for how long. This Board was not inetuded when the dates were changed and the former City Attorney would ~ve ~to be asked whether it was an oversight or deliberate act. Mr. Vanee replied that he has no way of knowing whether it was an ovemsight or deliberate act; howevem~ theme is a general tendency on this type of Board to have overlapping terms. Mr. ~Dberts asked if there was any discussion about this befome to- night and Mayor Marmening meplied there wasn't to his knowledge. Mrs. Padqett then took a roll call on the motion as follows: Councilman Roberts No Councilman Johnson Aye Councilman Strnad Aye Vice Mayor Ri scoe Aye Mayor Harmening - No Motion carried 3-2. Mr. Robemts referred to a lot of stuff being thrown at us without discussion and stated as a matter of courtesy, he thinks it should be brought up for discussion. Mayor Harmening added that there would be another reading of this ordinance. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1979 Proposed Ordinance No. 79-3 - Re: Amending Appropriating Ordinance No. 77-25 and No. 78-60, Which Adopted the Budget for the Fiscal Year Ending September 30, 1978, by Providing for Adjustments of the General Fund Mr. Vance read pmoposed Ordinance No. 79-3 by caption on first reading. Mr. Strnad moved for the adoption of Ordinance No. 79-3 on first reading~ seconded by Mrs. Riseoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Riseoe Aye Councilman Johnson - Aye Councilman Roberts - Aye Mayor Harmening Aye Motion carried 5-0. Mrs. Padgett requested the original copy of Ordinance No. 79-1 for signatures and Mr. Vance replied that it was not drafted by his office. Mrs. Tinker added that she believed the former City Attorney had the original of this ordinance. Mrs. Padgett re- ferred to talking to Mr. Vance about it and Mr. Vance agreed and stated he may have it and will check. Resolutions Proposed Resolution No. 79-D - Re: Position of Finance Director Mr. Vance read p~oposed Resolution No. 79-D. Mr. Roberts referred tot~his eancelling Resolution No. 79-B in total. Mayor Harmening asked who put this on the agenda and received no response. He referred to Mrs. Tinker preparing the agenda and questioned who requested this to be on the agenda? Mrs. Tinker replied that she has no idea who put it on as it was brought in Friday afternoon late. She added that she has been discussing the position of Finance Director with Mr. Vance, but doesT~not know whyt it was put on the agenda. Mr. Johnson asked if it had anything to do with the creation of the Finance Director?s position and Mr. Roberts replied that it was established with the previous resolution. Mr. Vance clari- fied that the Finanee Director's position exists by virtue of Resolution No. 79-B. Mr. Strnad agreed and stated it was a classified position and by moving to adopt this resolution, it would cancel out the previous resolution. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 16, 1979 Mr. Strnad moved to adopt this resolution cancelling out the classified Finance Director's position~ seconded by Mrs. Riscoe. Under discussion, Mayor Harmening referred to looking rather foolish to the people in the audience and the people in Boynton Beach and stated at the last meeting~ a resolution was passed ereatin? the position of Finance Director and now apparently our wi~do~ we have decided we made a mistake. Maybe we should have considered our action more carefully in the first place. Now, for whatever reason, it is decided to do away'with the posi- t-ion of Finance Director. Mr. Johnson stated he could not vote one way or the other because this whole thing does not make sense and Mayor Harmening replied that it is necessary for him to cast his ballot. Mayor Harmening informed him that ;at the last meet- ing~ the Council through Resolution No. 79-B.created a classified position of Finance Director for the City of Boynton Beach. Now: this week~ through Resolution No. 79-D~ we are seeking to abolish the position of Finance Director. Mr. Strnad clarified that we are attempting to do away with the classified position of Finance Dimector by this action. If we delete or abandon the former resolution, we are doing away with the position of Finance Director in the classified position and the attempt now is to put the position of Finance Director in a non-classified position. We do not plan to do away with the Finance Director. Mr. Johnson stated he did not see anything creating the position as non-classi- fied and Mr. Roberts replied this would come later as another sur- prise. Mrs. Padgett then took a roll call vote on this motion as follows: Councilman Roberts - No Councilman Johnson - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - No Motion carried 3-2. Other Consider Water Supply Contract with Briny Breezes Mayor Harmening referred to a renewal contract with BridyyBreezes being submitted and asked if a resolution was prepared and Mr. Vance replied negatively. Mayor Harmening read an excerpt from the memo-submitted from the Utilities Director: ~They do have a flat rate for one connection only, rather than so much per living unit as everyone else inside the City has. Council will have to make a decision as to whether they wish to continue the contract as is~ or revise it to conform with our standard practice to all other outside of the City customers." -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY !6~ 1979 Mr. Roberts requested Mr. Cessna to step forward. He referred to this contract being renewed annually and asked if he was suggest- ing possibly some changes be made to bring this up to modern times and Mr. Cessna replied that he did research this and found last year that they did pick up this, so Briny Breezes is on the per unit basis and isa meeting the same requirement as everyone. It does conform with the ordinanaes throughout. He did submit a later memo, but evidently it was not forwarded to the Council. He recommends the contract be renewed. Mr. Roberts moved to renew the contract with Briny Breezes, seconded by Mrs. kiscoe. Mayor Harmening requested that it be included to have the proper officials sign the contract and Mr. Roberts and Mrs. Riseoe aqreedo Mrs. Tinker asked if the City Attorney should be directed to prepare a resolution and Roberts replied that he believes a resolution was drawn a long time ago to give them water and the contract is renewed every year without a resolution. Mr. Vance agreed and stated it was only necessary to renew the oontract. Motion carried 5-0. OLD BUSINESS Consider Resignation of Paul Sta~tzman Councilman David Roberts Mr. Roberts referred to not acting on this before and stated since it was done by resolution~ he moves to accept the resignation of Mr. Paul Startzman and send a letter of thanks for all his efforts in acting for the City as a liaison between Boynton Beach and the SCRWTD Board and have the City Attorney prepare a resolution to oaneel this resolution. Mr. Vance stated that actually with Mr. Startzman~s resignation~ the resolution becomes iinoperative° Mr. Roberts clarified that his motion was to accept the resignation with a letter of thanks~ seconded by Mrs. Riscoe. No discussion. Motion earried 5-0. Consider Appointment of Finance Director (Tabled) Mr. Roberts suggested this be left on the table since we don~t have a position for a Finance Director. Mayor Harmening added that~ under the cireumstanees~ he thinks such an appointment would be completely out of order since we just decreated the position of Finance Director. It should either be left on the table or stri%ken from the agenda. Mr. Strnad moved to leave this on the table and Mr. Roberts replied with not takingaction~ it stays on the table. Mayor Harmening called for a vote ofa&ll those in favor of leaving it on the table and the vote was 5-0 in favor. Appointment of Three Members to the Community Appearance Board (Tabled) Mr. Strnad moved to take this from the table~ seconded by Mm. Roberts. Motion carried 5-0. -15- MiNUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1979 Mr. Strnad nominated the following three members proposed previously for the Board: Mrs. Rigby MrS. Rogers Mrs. Smith Mr. Vance pointed out that the ordinance required one member to be a landscape arehiteet or designer and another member be an arehiteet if available. Mayor Harmening replied that he thinks this has been covered as one of the carry-over appointments is Col. Cern Reid who is a landscape arehiteet. Mrs. Padgett ques- tioned if Col. Reid was a earryyover member and Mr. Strnad asked if a whole new slate had to be appointed and Mr. Vanee rep!%ed negatively. Mayor Harmening clarified that no one was appointed the last time with the action being tabled. Theagenda could possibly be in error with stating three members to be appointed to the Board. Mr. Vanee elarified that four members of the Board have earry-over terms at this point. The members being carried over a~e listed on the informatian sheet: Harold Blanehette, Kathleen Deneen~ Nathaniel Weinshel and Danny O?Brien. There are three vacaneies based upon the City Clerk's records. It is in order to appoint three new members. Mr. Strnad then rescinded his former nomination. Mr. Strnad nominated the appointment of Mrs. Rigby, Mrs. Smith and Col. Reid. Mr. Roberts moved that nominations be closed. Mrs. Riscoe moved that the three nominees be appointed, seconded by Mr. Stmnad. Motion carried 5-0. Appointment of Member to Firemen~s Pension Trust Fund (Tabled) Mr. Roberts moved to take this from the table, seeonded by Mr. Strnad. Motion carried 5-0. Mr. Vance stated there was some question regarding the language in the State Statute relating to this particular appointment. He found no Attorney General~s opinion. The language appears to be contradictory in the Statute. It says a two year term and also at the pleasure of the Board. He then asked how much time the present member has to serve and Mayor Harmening replied: one year. Mr. Vanee continued that if it is important enough~ he could ask for an Attorney General~s opinion or the current term ean be served out. Mrs. Riscoe referred to directing the City Clerk to get in touch with Mr. Chandler since he was not available for the meetings to see what his intentions were and Mayor Harmening replied that this was mentioned, but a directive was not given to the City Clerk. He added that there was only one meeting ~ast year and Mm. Chandler did not attend, but he does not know the reason. -14- MINUTES - REGULAR CITY COHNCIL MEETING JANUARY 16, 1979 BOYNTON BEACH~ FLORIDA Mr. Roberts moved to put this on the table until finding out whether Mr. Chandler is going to serve or not~ seconded by Mm. Strnad. Motion married 5-0. Discuss Meeting Held Friday Afternoon Mr. Roberts referred to a meeting being called Friday ~fternoon by Councilman Strnad to meet with the Building Official and Ms. Bonnet with the other Council members being invited and stated since this was not a called meeting, he probablywould have gone to jail for violating the Sunshine Law. There is a request £~om the acting City Manager on this item and he is asking that we be informed of what this meeting was for. What was the intent of the meeting? No minutes were taken! Mrs. Tinker replied that she asked for a secretary~ but none was available. Mr. Strnad stated that if Mr. Roberts wants to go into this busi- ness again saying he violated the Sunshine Law~ he moves to have the State Attorney investigate the meeting he had on Friday afternoon. Mr. Roberts replied that he was out o~ order as he was just asking the intent of the meeting. Mr. Roberts referred to the Charter stating such things should be handled through the City Manager and it is also spelled out that the Mayor and City Council should run the affairs of the City. He thinks it is in order to ask what the purpose of this meeting was. Mr. Strnad replied that the purpose of this meeting was to ask the Btnilding Official about certain complaints he had from contractors in town referring to certain people using licenses out of Palm Beach County. He wanted this information for himself to relay book to the contractors and he simply invited the rest of the Council to come and hear the questions he asked. No official action was taken nor any policy made. Mr. Roberts stated that if he had attended the meeting, he would have been in violation of the Sunshine Law. Other members of the Council were a~ound. Mr. Roberts questioned how a clerk got into the act and referred to Ms. Bonnet and Mr. Strnad replied that she fits into the pie- ture because she was instrumental in issuing licenses to people from out of state. Information was required fmom her sinoeshe is the Chief Lioense Issuer. Mr. Roberts clarified that he was not looking for a building pemmit and Mr. Stmnad replied that if he wanted a detailed report on it~ he will get one. Mr. Roberts questioned what Ms. Bonnet was doing and Mm. Strnad replied that he asked her to come with Mr. Howell since she is in the License Department and would be able to answer the questions. -15- MINUTES - REGULAR CITY COUNC!LMEETING JANUARY 16, 1979 BOYNTON BEACH, FLORIDA Mr. Roberts asked if anything was done improperly and Mr. Strnad replied affirmatively that there was evidenee. Mr. Roberts asked if it was a building permit or somethingand Mr. Strnad replied that he is hesitant to discuss this at this particular time. If he wants to discuss it at a special meeting, he will get all the information together to be discussed. Mr. Roberts replied that a special meeting was not needed. The admir~stra- tion of this City is to be carried on by the Mayor and City Council and he does not think we should take it upon ourselves to have a one man operation. We had it in 1976 and should not go back to it. Supemvision is done by the City Manager. He explained how the City Council members should deal solely through the ~ty Manager and not give orders either publicly or privately. Mr. Stmnad replied that no orders were given, but questions were simply asked. No policy was set and no one was giving orders. Mr. Johnson referred to there being a possibt~ accusation made with reference to violation of the Sunshine Law and stated there would have to be more than one Council member at the meeting. There was only one Council member present at this meeting~ so there was no violation of the Sunshine Law. Mr. Roberts replied that he did not make any accusations and added that more Council members would have been present if the attorney was not present. N~W BUSINESS Diseuss Resolution to the Department of Transportation for Improvement on Stack Lanes - U. S. ~! & S. E. 15th Avenue (CounCilman Norman F. Strnad) Mr. Stmnad stated that the last official thing he did when leav- ina office in !977 was to ask for a resolution to be presented to the Department of Transporation to lengthen the stack lanes on the northbound and southbound sides at the intersection of U. S. ~t and Woo]bright Road. They did increase the stacking lanes, but have not done it to proper proportions with'~ue traffic being generateS. He told how the ears get backed up causing congestion which could result in a bad accident. He requests that another resolution be sent to the Department of Transportation asking them to make a survey and they will find the stacking lanes are not adqq~at~ handle the traffic being ~enerated there. Mavor Harmeninq asked if Mr. Tom Clark had anything to add and Mr. Clark replied that they have increased the stack lanes, but he has not investigated this problem. If it is a problem~ this is the eormeet procedure. -16- MI~TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLONIDA JANUARY 16, 1979 Mr. Strnad moved to send a resolution to the Department of Transportation requesting them to investigate the possibility o~ making the southbound and northbound stack lanes longer at the intersection of U. S. ~! and Woolbright Road, seconded by Mr. Johnson. Mm. Vance added that if the City Engineer could send some dooumentationwith the resolution, chances of obtaining relief are much better than se~ding ~ bare resolution. Mayor Harmening asked Mr. Clark if we were equipped to run our own vey and Mr. Clark replied that we are not actually traffic engi- neers. We could just make observations. We could verify that Councilman Strnad has observed this p~oblem and check it~ but D.O.T. will perform their own survey. Mayor Harmening added that if we ask them to make a survey with the complaint in the same document~ we should get aetiOno Mr. Strnad added that it should be mentioned that it has been increased once, but is not to the extent it should be. Motion earried 5-0. Diseuss Remuneration for Acting City Manager (Vice Mayor Riscoe) Mrs. Riscoe stated on the 2nd of January when we appointed Mrs. Tinker Acting City Manager, we neglected to bring in the fact that we were not going to do anything with her salary. Mrs. Riscoe moved to give Mrs. Tinker an additional $200 per week, seconded by Mr. Strnad. Under discussion, Mr. Roberts asked what Mrs. Tinkerts current salary is as a secretary and Mms. Tinke~ replied that it is ~16~ 900. Mayor Harmening clari- fied that the additional amount would be $27,000 per year in round figures. Mr. Roberts commented that he knows we have a surplus now: but does not know if we have that mueh of a sur- plus. It should be paid on a monthly basis. He would expect this money to be taken out of the City Manager?s aeeount. Since the City Manager draws no benefits, the only deduction would be Social Seeurity and it would be paid separate f-~om the $17~000. This seems a little steep; about $860 per month. Mrs. Riscoe replied that if she thought it was~ she would not have made the motion. If we had a permanent City Manager, he would be getting more. Whether Mrs. Tinker is the acting City Manager or not~ she is still doing the work. Mr. Roberts re- plied that this is a topic for debate. If the Couneil so wishes to give that type of money to an acting City Manager, that is up to them and he will accept it; but he is just saying he thinks it is a little high. Also, Mrs. Tinker is not as capable as a regu- lar City Manager. Mrs. Riscoe replied that she agrees with this possibly and it behooves us to get moving on the hiring of a regular City Manager. Until such time, Mrs. Tinker should be paid for her time spent and she knows she is working with our int~muptions. -17- MINUTES - P~GULARCITY COUNCIL MEETING jANUARY 16~ 1979 BOYNTON BEACH, FLORIDA Mr. Roberts submitted anaamendment to the motion to have it paid on a monthly basis of $800 and taken from the City Manager's fund in a separate check. He added that he is not in favor of $860 per month, but will be out-voted. Mr. Strnad stated he did not see any reluctance on the part of Mr. Roberts when he gave the former City Manager $18~000 as a going away gift and Mr. Roberts replied that these are words of wisdom and if Mrs. Tinker wants to band in her resignation, he will give her three months severance pay. Mr. Johnson then seconded theamendment. Amendment carried 4-1with Mrs. Riscoe dissenting. Mayor Harmening clarified that the amended motion is to increase the City Manager's salary $800 per month to be paid in a separate check from the City Manager's account with the only deduction being Social Security as required by law. Mrs. Tinker referred to income tax and Mr. Roberts replied that it can be paid in a lump sum without income tax deducted. Mrs. Tinker questioned why it should be paid that way since other acting City Managers were paid on a weekly basis and the deduotions were taken out normally? Mr, Vance advised that he thinks income tax has to be deducted and Mr. Roberts requested income tax to be included. Mayor Harmening then called for a vote on the motion and the motion carried 5-0. Consider Workshop Sessions to Review 1978-1979 Budget with Department Heads !:~ 1. Review all Promotions and Salary Increases Accom- plished Through the 1978-197~ Budget for Further Study (But not those increases pertaining to cost of !iving)~ MayorHarmening asked if Mrs. Tinker put this on the agenda and Mrs. Tinker replied affirmatively, at the request of the three new Council members. They would like to review the budget with the department heads to see what theirneeds are. She has hea~dpper- sonai!y from some who would like to go over the budget again with the new Council members as they feel they were cut down to the very bone in the last budget. Mr. Roberts referred to promotions and salary increases and Mrs. Tinker replied that she has discussed this with the PersOnnel Direetom and some employees received a jump of one and two grades during budget sessions and this should be reviewed. The reference is only to promotions. In some instances, there were jumps of two classifications or grades. Mr. Roberts stated he would like a legal opinion on this since the budget was accepted in September for the fiscal year starting October 1. Public hearings were held and the millage was deter- mined on that particular budget and he doesn't think it can be changed. Mrs. Tinker replied she didn't think the intent was to add anything to the mil!age but to re-allocate federal revenue sharing funds. She has spoken to the auditors and this can be done with advertising of public hearings regarding the re-alloca- tion of federal funds if the Council chooses. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1979 Mr. Vance asked if they were referring to amendments to the City budget and Mm. Roberts replied that any amount of funds can be transferred from one account to another, but some salary increases were included and he feels salary increases or decreases should not be contemplated on the old budget. A millage was arrived at after accept-lng the budget and he is wondering if that should be disturbed. There is no problem with transferring funds. Mr. Vance agreed that funds can be transferred. Also, the statement is correct that the millage is established and we must operate within that amount of money. Transfers can be made from one department to another or from one fund to another, but we must operate within that amount of money. Mrs. Tinker replied that this was understood and there is no question of the millage being adjusted. However, with federal revenue funds being re-alloeated, we would have to advertise and hold a public hearing. Mr. Roberts asked if it would be legal to affect any of the salar- ies of the employees which have been incorporated in the millage and Mr. Vance replied that he would like to discuss this item with the Personnel Director and review the personnel rules before attempting to answer it. Mayor Harmening asked when it would be convenient to hold this workshop session? He referred to it possibly being a lengthy process and stated he did not know what they had in mind in the way of reviewing the budget. Mr. Johnson suggested possibly waiting until a Finance Direotor was hired and Mayor Harmening replied that the position of Finance Director was just rescinded. Mr. Roberts added that we will be starting on a new budget in about four to five months. Mr. Johnson stated that he had in mind getting some funds allocated to departments really need- ing them and Mr. Roberts replied this could be done by trans- ferring ~unds. Mrs. Tinker clarified that the funds being referred to were the funds allocated for the gymnasium, which are revenue sharing funds, and the Council would have to make a determination where to allocate those funds and advertise. Mr. Roberts referred to the agenda item stating promotions and salary increases and Mrs. Tinker replied that she discussed this with Mr. Sullivan and in some eases, they did not stay in line with the classified service and those should be adjusted. Mayor Harmening suggested that Mr. Sullivan submit recommendations to the Council and this can be placed on the agenda for the next meeting. As far as the federal revenue funds being re-allocated, a public hearing must be advertised and this can be held at the next regular meeting also. Mr. Vance clarified that a public hearing regarding the $200,000 to be re-allocated could be advertised and if the Personnel Direc- tor feels because of a lack of funds some deserved promotions were not made, he could make a recommendation. Mayor Harmening agreed and requested Mr. Sullivan to make a recommendation and requested the re-allocation of funds to be advertised ,for a public hearing. -19- MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 16, 1979 BOYNTON BEACH~ FLORIDA Discuss Continuance of Services of Assistant City Attorney Mrs. Tinker informed the Council that she reoeived a phone call from Thomas Woolley~ Assistant City Attorney, who wondered what the status of his position was at the present time. She advised that she could not answer since this is a decision for our City Council members. She submitted a copy of Resolution No. 78-DDD wherein Mm. Woolley was appointed to this position at a salary of S200.00 per month. In addition, a copy of a memorandum from our Building Official, Mr. Edgar E. Howel!~ which is self-explanatory and a copy of House Bill 14-80 to which he refers was submitted. If additional informationis needed on this matter, she feels certain Mr. Howell will be able to answer any questions. Mr. Howell does have quite a list of violations which he has turned over to the Assistant City Attorney. She referred to the infor- mation submitted pertaining to these eases. Mrs. Tinker continued with advising that this afternoon, she discussed this further with Mr. Howell and he told her about a bill about to be presented to the Palm Beach County Delegation where it would entitle all municipalities to form one board. They think it would be a great idea for the City. She would like permission to turn this ~ile ~ver to the City Attorney for his review. Also~ Mr. Howell thought this bill would be coming before the Legislature in April and it may be a good idea for the City to adopt a board to enforce code violations going on in the City. Mr. Howell would be glad to pursue this further. Mayor Harmening stated this probably could be presented to the Legislative Delegation whioh will be meeting here shortly. At the present time~ it should be turned over to the City Attorney or tabled until such time when he oan review it and male a recommendation. Mr. Vance advised that he discussed this briefly with the Building Official this afternoon. He would like to make a couple recommen- dations. The Assistant City Attorney acting as special prosecutor of code violations has been on the job two months with four eases pending in court and processing others. He has not had the chance to review the file. It looks like ~hings are moving and it is better, than going through the State Attorney's office. He recom- mends on a short term that Mrs. Tinker be directed to inform Mr. Woolley he is in office and will continue to be in office for the near future. With respect to the special act relating to Palm Beach County~ this may be an appropriate approach~ but he would like a chance to review it before presenting to the Legislative Delegation. Mayor Harmening informed him that a public hearing is scheduled on January 29 in Boynton Beach and we could ask the Legislative Delegation to consider this at t~t time. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1979 After discussion of this process, Mrs. Riscoe moved to continue with the same system we hay% seconded by Mr. Strnad. Mayor Harmening clarified the motion was to direct the City Manager to inform Mr. Woolley to continue enforcing code violations as he has. Motion carried 5-0. Establish Date for a Special Meeting - Re: Recommendation of Director of Utilities, Mr. Perry A. Cessna Mayor HarmeDing questioned what night would be convenient and after discussion~ it was agreed to hold a Special Meeting on Friday January~ 19, at 7:00 P. M. Mayor Harmening requested Mrs. Padgett to prepare the notice. Mrs. Tinker asked if Mr. Cessn~s recommendations should be for- warded to the City Clerk to be included on the agenda for the special meeting and Mayor Harmening replied that all items should be included of that nature. ADMINISTRATIVE Consider Annexation and Zoning Request Submitted by Benjamin Frankel, President of Summit Assooiates~ Ltd. - Hunterts Run Golf and Racquet Club Mr. Roberts referred to this being a little piece of !and~ which is the old Charter World, and stated we have already annexed one piece and this will make it a larger piece of land. It is not inconsistent with any plans, Mr. Roberts moved to accept this application and have it take the normal course~ seconded by Mrs. Riscoe. Mayor Harmening stated that it is the recommendation from our City Planner, Mr. Carmen Annunziato~ to approve the request for annexation and zoning from Agriculture to Planned Unit Development (PUD) with Land Use Inten- sity (LUI) of 3.9 in conjunction with Hunterts Run Golf L Racquet Club. No additional units are to be built on this 4.4 acre tract as this will remain consistent with and will be ine!uded in the previously approved Summit plat and plans. Motion carried 5-0. Consider Request for Two (2) Temporary Construction Office Trailers at Site of Sewer Plant~ Pump Station 359, 551 N. W. 14th Avenue Mrs. Riscoe moved to grant this request, seconded by Mr, Roberts. No discussion. Motion carried 5-0. Consider Amendment to Animal Control Ordinance Authorizing Animal Warden to make Arrests Mayor Harmening referred to deputized people having to attend a course and Mr. Vance agreed and suggested this matter be post- poned. Mrs. Tinker added that she has a memo from Capt. Hilliary giving some informationand requests the City Attorney to review it. Mr. Vance agreed that the matter should be submitted to his office for review. Mayor Harmening called for all those in favor of turn- ing this over to the City Attorney and the vote was 5-0 in favor. MINUTES - P~GULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA jLNUARY 16, Consider Request from H. E. Sheldon~ Amusement Enterprises - Carnival for the Benefit of the Boynton Beach Kiwanis Club 1979 t~e: Mr. Roberts moved to grant this request to Sheldon Amusement Enter- prises for the K/wanis Carnival, seconded by Mr. Johnson. No di~ eussion. Motion carried 4-t with Mrs. Riscoe dissenting. Consider Standardization of Water Meter Purchases Mayor Harmening read the memo dated January 5, 1979, from Mr. Bill Sullivan: "Attached is a request from Utility Director Perry Cessna rqquesting the standardization of water meter pur- chases, which is self-explanatory. One other advantage of using just one type of water meter is the City only has to maintain one parts inventory. Neptune Meter is one of the best water meters made in this country and is used by most of the cities in South Florida. If you concur with this will you please put this on the next agenda for Council approval." He added this was Mr. Cessna ts recommendation also. Mrs. Tinker stated that Mr. Cessna has asked to be permitted to order more than $800 to $900 worth at a time~ which makes sense. We do need the equipment. She thinks Mr. Cessna is capable of making purchases and should be given approval to go beyond $800 to S900. Three or four purchase orders are usually typed to order the quantity to keep the amount under $1,000. Mayor Harmening asked if she was suggesting we go out for bids for a larger number at one time or raise the limit and Mrs. Tinker re- plied to raise the limit in this particular case. Mrs. Riscoe asked if we would get a better price and Mrs. Tinker replied possibly. Mayor Harmening requested Mrs. Tinkerts recommendation and Mrs. Tinker replied that since ~h~s memorandum was written~ Mr. Cessna has submitted his resignation. In view of this, she recommends holding this in abeyance. Mr. Roberts asked if there would be any problems and Mayor Harmening replied it was not a question of ordering something and Mrs. Tinker added that it is just a question of needing meters quickly and constantly needing them. Mayor Harmening stated he did not think it was an unreasonable request to order more and it possibly could save paperwork and some money. If we can continue for a short period of time~ it can be tabled or stricken f-rom the agenda. Mr. Strnad moved to strike this from the agenda~ secondedbby Mr. Roberts. No dis- eussion. Motion carried 5-0. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1979 Consider Recommendation from Fire Ch~e£ - Re: Open Burning Mr. Strnad stated he was glad to see this on the agenda and told about during the past several months, thousands of people in the City being bothered with smoke f-rom burning of trees in d~fferent developments. 'Me explained how a contractor should take the disposal of trees into eonsidemation when surveying an area. Mayor Harmening stated this was changed by Ordinance No. 78-32 and wou~d have to be changed likewise. He asked if it 'was the pleasure of the Council to ask the City Attorney to prepare an ordinance rescinding Ordinance No. 78-32 and reinstating its predecessor. Mr. Strnad so moved~ seconded by Mr. Johnson. No discussion. Motion carried 5-0. Budget Transfer Requests: 1. Fixed Charges/Contingeney to City Manager/Equipment Repairs 2. For Garbage Packers/Two Front End Loaders Mayor Harmening read the budget transfer requesteto transfer $180 from Account 001-195-519-90.11, Contingencies, to Account 001-121- 512-40.33, Equipment Repairs, to provide money in the City Managerts Equipment Repairs account for typewriter maintenance contract. Mrs. Tinkem added that she just learned they do not have the amount of money necessary for typemmiter repairs. Mr. Roberts moved to approve this budget transfer request~ seconded by Mrs. Riscoe. No discussion. Motion carried 5-0. Mrs. Tinker stated at the January 2, 1979 Council meeting, the 1978 Council approved the purchase of two Front End Loaders, funds to be taken from Contingency. However~ a transfer of funds was not pre- sented at that time for the necessary funds. On Wednesday, she learned that we did not have enough ~unds in Contingeney for this purchase and the Budget Tmansfer submitted was prepared to be presented to the City Council at the special meeting of January ~, 1979, since this purchase had to be expedited due to the delivery date~ as she was told by Mr. Sullivan. Mowever~ Council did not address this transfer at the January 4 meeting. We were still in a bind for the additional $65,940 for the second front end loader. Due to the uz~3ency~ she had Bobby Feltz prepare a tmansfer of funds for this amount to be taken out of the Contractual Landfill funds. Since this is within the same department, it is not necessary to go to Council for this transfer. She believes there is sufficient balance in the Landfill Account to pay for the month of January, after which she will have to come back to Council to mequest this account be replenished from our Fund Balance account. We would appreciate your approval of this transfer so that we can proceed with our purehase of the two front end loaders as desig,~ated at the January 2 meeting. Mrs. Riscoe moved to accept this budget transfer, seconded by Mr. Roberts. No diseussion. Motion carried 5-0. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16, 1979 Consider Acceptance of Resignation from Director of Utilities Mrs. Tinker stated it is with extreme regret that she must add this resignation to our agenda. As theyknow, in the last year~ she has been closely associated with Mr. Cessna, working under his direction in the Utilities Administration Department. It has beena pleasant and rewarding experience for her as she con- siders Mr. Cessna to be an expert in his field, extremely con- cerned about the City, particularly .in the area of being abso- lutely certain that all developers are paying their fair share as it pertains to the installation of utilities. Although she hates to see him go~ she can understand his feelings. The posi- tion he has accepted is paying far more money, in addition to having some very fine fringe benefits. Mayor Harmening announced he thought it would be in order to accept Mr. Cessnats resignation and personally added that it was with extreme regret. Mm. Roberts moved to accept the resig- nation o£ Mr. Cessna with regret 'and Mrs. ~scoe seconded the motion with reluctance. Mr. Roberts requested a letter be sent making our feelings known. No discussion. Motion carried 5-0. Consider Replacement for Director of Utilities Mr. Johnson announced he would like to make an appointment to this position since he thinks it is veryimportant. He thinks we should have someone there to have ample time to be trained. He would like to recommend Mr. Anthony J. Canon. He told about Mr. Canon~s qualifications~ but added that the position would be under a temporarycondition~with the position to be advertised in the future. Mr. Roberts clarified that Mr. Canon was sug- gested for the Interim Utilities Director and the jobwould be advertised and Mr. Johnsonagreed. Mayor Harmening stated that he believed under the Civil Service Rules~ this falls within the prerogative of the acting City Manager to make this recommendation. Mr. Vanee agreed and added that the Council can indicate concern regarding filling the position, but the actual appointment should be made under the Civil Service Rules by the acting City Manager subject to approval by the City Council. Mrs. Tinker announced thatshe had no recommendation at this time. As far as she is concerned~ the position is ~ti!l filled byMr. Cessna. Until such time as we take applications or start advertising, she does not feel there is an opening in that depart- ment at this time. Mr. Johnson replied that he did not want to wait until after Mr. Cessna has gone and someone should be put in there temporarily. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 16, 1979 Mayor Harmening asked if someone wanted to make a motion to adver- tise? Mr. Johnson asked if the City Council can make a recommenda- tionand Mr. Vance replied the City Couneil can express concern about the position being vacant and can direct the acting City Manager to fill the position as early as possible to give some- body in-house experience while Mr. Cessna is in the position to give advice. There is no problem with the City Council express- in~ concern about having continuation in the position and giving a directive to the acting City Manager. Mr. Roberts suggested having a replacement start February 1 with having a few overlapping weeks. Mayor Harmening suggested that the position be advemtised. Mr. Vance replied that it should be an au. tomatie procedume to advertise under the rules. It is the duty of the acting City Manager to attempt to see the position is filled on a continuing basis. He believes this is a normal administrative duty. Mrs. Riseoe requested the Personnel Director to come forward. She believes sinee Mr. Cessna is a classified employee until such time as that position is vacant~ we can aetualty do noth- ing other than advertise and Mr. Sullivan agreed this was cor- rect. Mrs. ~iscoe moved that prior to February 13 and as soon as pos- sible~ we start advertising and Mr. Sullivan shall draw up the proper procedures to advertise for the position being vacated by Mr. Cessna~ seconded by Mr. Strnad. No diseussion. Motion carried 5-0. Approval of Bills Mrs. Tinker read the following bills for approval: 1. Adams Chevrolet Co. 4~495.00 ~for Sewage Collection Dept. Pay from budgeted funds 401-351-535-60-83 Council approved 12/6/78 2. Aqua Chem Co. 1,313.05 Lime for Water Treatment Plant Pay from budgeted funds 401-332-533-30-65 Isiah Andrews 99.00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15~ passed 5/15/73 Willie Ruth MeGrady 86.40 Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-87!-570-02-5A Ordinance ~73-15~ passed 5/15/73 -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 16~ 1979 ¸5. Publix 96.66 Me--for needy and infirmed Pay fmom Federal Revenue Sharing Fund 320-87!-570-02-5A Ordinance ~73-15~ passed 5/15/73 Trail Ford Tractor Co. 3,774.00 Backhoe for Boynton Beaeh Memorial Park Pay from Boynton Beach Memorial Park Fund 631-875-587-60-45 Council approved 1!/22/78 Palm Beach County Solid Waste Disposal Hse of County,land~ill ~or December Pay f~om budgeted funds 001-34!-534-40-9G 9~818.00 Otto Meyer L Sons~ Inc, Sod for 15th Ave. Ballpark Pay from budgeted funds 00!-722-572-30-64 1~075.00 Flomida Diesel Truck L Industrial, Ine. Emergency repairs to garbage packers Pay from budgeted funds 001-341-534-40-33 051.97 10o Carpenter, May L Bremer Professional serviees re; audit of 9/30/78 Pay from budgeted funds 401-393-539-40-66 4,882.00 11. Boynton Beach Child Care Center 2,962.00 After eare program for 1st quarter~ 1979 Payfrom Federal Revenue Sharing Fund 320-87t-570-02-5A Omdinanee ~73-15~ passed 5/15/73 12. Moody?s Investors Service, Inc. 2~700.00 Professional services re~ municipal bond rating Pay from 1978 Water & Sewer System Construetion Fund 13. Northern Bank Note Co. 1,555.68 Bonds and coupons rom 1978 Bond Issue Pay from 1978 Water & Sewer System Construction Fund William R. Hough $ Co. 4,850.00 Prin~ing copies of Offieial Statements re: 1978 Water g Sewer Bond Issue Pay from 1978 Water $ Sewer System Construction Fund 1S. Intercounty Construction Est. ~2 36,841.50 Lift Stations S17-356-359 Pay from 1978 Water S Sewer System Construetion Fund Contract dated 10/26/78 16. Carpenter, May $ Bremer ! 2,750.00 Examination of aceounting records re: 1978 Bond Issue Pay from 1978 Water $ Sewer System Constmuction Fund -26- MINNJTES - REGHLAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANI/ARY 16, 1979 17. Barile Excavating & Pipeline Co., !nc. 8~524.16 Seacrest Blvd. Htilities Relocation Approved from following funds subject to receiving release of lien. 350-000-247-80-00 3~763.32 401-000-169-0!-00 4~760.84 18. Allen InsuranceCGompany Special Risk Accident Insurance 169.00 19. Carpenter, May g Bremer 2~932.00 Teaching~ training, consult-~ng service and assistance to Finance Personnel regarding the closing of all f~nds per agreement with Mr. Frank Kohl Mrs. Tinker referred to the invoice from Carpenter~ May $ Bremer in the amount of $2~750.00 and the former City Attorney?s state- ment at the last meeting that Hough g Co. was supposed to pay part of this and advised that Mr. Moody explained this is our bill and the overtime was not included whichwas forwarded to Hough g Co. She stated the bills described have been approved and verified by the department heads involved; checked and ap- proved for payment by the Finance Department; funds are available in their respective budgets. She therefore recommends payment of these bills. Mr. Roberts moved to pay our bills~ seconded by Mrs. Ri scoe. No discussion. Motion carried 5-0. CONSENT AGENDA Applications for Permit to Solicit: Palm $1ades Girl Scout Council Soroptimist Club of Boynton Beach/De!ray Beach Mr. Roberts questioned where the Palm Glades Girl Scouts were from and Mayor Harmening replied they cover the whole County. Mr. Roberts moved to grant permission to solicit, seconded by Mrs. Riscoe. No discussion. Motion carried 5-0. List of Payments - Month of December~ 1978 Mr. Roberts moved to accept these for the record~ seconded by Mr. Johnson. Motion carried 5-0. Mr. Strnad asked if it was necessary to submit all these bills in the back of the agenda material twice a month and stated he does not look through them and the Finance Department should take care of it. Mr. Roberts replied that possibly it should be con- tinued until we get a Finance Director and this can be used for checks and balances. Mr. Strnad stated it was a waste of paper and time to put these bills in his book and they can be left out. -27- MINUTES - REGULAR CITY COI1NCIL MEETING BOYNTON BEACH, FLORIDA JkNI1ARY 16, 19Y9 OTHER Mr. Strnad referred to dedieating our new water plant and sug- gested that a dedication be held before Mr. Cessna leaves the plant and Mayor Harmening agreed. ADJOHRNMENT Mr. Roberts moved to adjourn, seconded by Mrs. Riscoe. Motion carried 5-0 and the meeting was properly adjourned at 10:10 P.M. CITY OF BOYNTON BEACH, FLOP/DA f ayor ~// ~ Vice Mayer Co uneilman Couneilman ATTEST: D~ity Clerk Recording S~cretary Three Tapes) Councilman -28-