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Minutes 01-04-79MINUTES OF T%IE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLOKIDA, THURSDAY, JAI~/ARY m, 1979 AT 7:00 P.M. PRESENT Edward F. Harmening, Mayor Betty Riscoe, Vice Mayor Ron Johnson~ Councilman David Roberts~ Councilman Norman Fo Strnad~ Councilman Tereesa Padgett, City Clerk Annette Tinker, Acting City Manager James W. Vance~ City Attorney Mayor.Harmening called the meeting to order at 7:00 P. M. and announced it was a Special Meeting in accordance with Section 56 of the City Charter of the City of Boynton Beach. CONSI DER APPOINTMENTS TO CITY BOARDS Discussion ensued pertaining to the procedure to follow and it was agreed to submit and vote on nominations for each Board. Mr. Roberts then referred to rules for appointments and sug- gested that only registered voters serve on the Boards because that is the only way we can certify they are residents. He added that when someone is away for the entire summer~ they may not be able to do justice to ~heir appointment.. Also, in the past when anyone was absent three consecutive times~ they were usually reported by the Chairman. Apparently the Chairman was a little hesitant to get involved though~ so it was suggested since the City Clerk's Office has records that the City Clerk would call this to the attention of the City Manager o~ City Council. He would like comments on these. Mrs. Riscoe replied that whomever is e~cted Chairman should keep track of the absenteeism and after three~ the members should indeed be replaced and be dismissed immediately. Mr. Roberts replied that the Chairman does not like to get in this hassle and it is suggested that it come from the City Clerk's Office since this is where it is recorded anyway. Mrs. Riscoe stated she was in favor of having permanent year- round residents appointed. Mr. Johnson referred to vacation periods and Mrs. Riscoe replied that anything within reason would be acceptable. Mr. Roberts asked iF the members were in agreement with his suggestions and Mms. Riscoe replied affirmatively. Mayor Harmening added that he certainly concurs with n~st of the opi- nions expressed. However, there may be an occasional case we might be able to extend the three consecutive absences if Unusual or extenuating circumstances. Appointments to Building- Board of Adjustments & Appeals Mayor Harmening referred to this Board being constituted based on a State Statute and read the requirements for the members. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JA/~/ARY 4, 1979 Mayor Ha~mening asked if there were any overlapping terms on this particular Board and Mrs. Pad,err replied that she didn't believe so and read the seetion of-the oode for the members to serve from one year of date of appointment. Mayor Harmening then deelared nominations open. Mr. Strnad nominated for the Building Board of Adjustments Appeals: Riehard Kurtz~ Master Eleetrieian Robert Olenik, Master Plumber Robert Alan Black, Architect Alvin Boeltz, Jr., Lieensed Contractor Samuel Wright, Layman Alternates: Lou Kushner and Harry Kindbeiter Mr. Roberts referred to Mr. Riek Rossi having served before and being experienced and suggested he be oonsidered for an alternate. Mr. Strnad suggested taking nominations one at a time. Mr. Johnson referred to Mr. Roberts sub,hitting a name for an alternate and Mr. Strnad replied that he has submitted two names for alter- nates. Mr. Roberts stated he thought a vote should be taken on each name submitted as with one person submitting a list for the whole Board, it does not give anyone else a ehanoe. Mrs. Riseoe referred to these names being submitted in our mail boxes and stated she personally told Mr. Strnad to make a list with the names received to alleviate the time element. Mr. Roberts re- ferred to no consideration being given to those who have served previously and Mrs. kisooe replied that three are included who have served before. Mr. Roberts clarified that he just made the suggestion to include one man as an alternate instead of two new men as alternates. Mr. Strnad replied that he would like to see somebody new rather than keeping the old ones. Mr. Johnson stated with the three previous ones, he feels it is a eompromise. Mayor Harmening stated the alternates should also be a master eleetri- oian or plu~per and Mr. Strnad replied that they are. Mayor Harmening requested all those in favor of the proposed nominees for the Building Board of Adjustments and Appeals sub- mitted by Mr. Strnad to please say T'Aye'T. The vote was 5-0 in favor. Mrs. Padgett asked if there were addresses for the names sub- mitred and Mr. Stmnad replied that he would furnish them to her tomorrow. Mr. Roberts referred to the appointed members being notified as usual with the usual instmuetions just discussed and Mrs. Padgett replied affirmatively. Mr. Strnad also requested the people to be notified who were eliminated from Boards with thanking them for their past service. -2- ~/NUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANqlARY 4, 1979 Appointments to Board of Adjustment Mayor Harmening announced that the appointment of seven members and two alternates ~was needed for this Board and deelared the nominations open. Mr. Strnad nominated for the Board of Adjustment: George Ampo! Alvin Boeitz~ Sr. Bob Gordon Vernon Thompson Frank Bauem Ben Ridolfi Paul Slavin Serge Pizzi, Alternate Mayor Harmening then nominated FoF Ward, who is presently on the Board, as alternate. Mayor Hammening requested all those in favor of the pmoposed nomi- nees for the Board of Adjustment to please say "Ayet~. The vote was 5-0 in favor. Appointments to Board of Governors - Cemetery Board Mayor Harmeuing declared nominations open. Mr. Strnad nominated for the Cemetery Board: Nat Weinshe! Mary Barton Bertha Chadwell Don Combs He added that one more member was needed. Mr. Roberts commented tY~t one member has attended every meeting and never been absent: Don S!oan. Mayor Harmening stated that Ed Hurfomd is Chairman and has been on the Board for t8 years. He then nominated Edgar Hurford. Mr. Johnson moved that the nominations be elosed~ seoonded by Mrs. P/seoe. Motion carried 5-0. Mayor Harmening requested all those in favor o~ the proposed nominees for the Cemetery Board to please say t;Aye~. The vote was 5-0 in favor. Appointments to Civil Serviee Appeals Board Mayor Harmening announoed that this Board will remain constituted as is since all the people are within their appointed period of time. Mrs. Riscoe clarified that we cannot appoint to the Civil Service Appeals Board because there is a stipulation regarding -3- MINN/TES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 4, 1979 years. She would oertainly like a reading from someone regarding this. She read from the January 3, 1978, Council minutes when appointments were made and Mr. Roberts agreed that two members were appointed at that time. Mrs. Riseoe pointed out that aeoord- ing to the minutes~ they were appointed to the Civil Service Board and Mr. Roberts clarified that there is only one Board and it is the Civil Service Appeals Board. Mayor Harmening clarified that we only have one Civil Service Board and the proper name is the Civil Service Appeals Board. Mrs. Riscoe clarified that we are hoe able to appoint anyone to this Board at this time and Mayor Harmening meplied that this is his understanding. Mrs. Riscoe stated she would like an opinion because she doesn't think we are sitting here with any legal Board. Mr. Vance referred to Section 72-4 of the code relating to the Civil Servioe Board of Appeals and its erection and term of office. Mrs. Riscoe stated that the minutes of January 3~ 1978, are in error because the appointments were made to the Civil Servioe Board. Mr. Roberts clarified that they were appointed to the Civil Service Board of Appeals. Mayor Harmening agreed the minutes were probably in ermcrr and explained that whenever the Civil Service Appeals Board is discnssed, it is referred to as the Civil Service Board~ but the f~l! and proper name is the Civil Service Board of Appeals. Mr. Vance added that no other Board was reflected in the index except the Civil Service Board of Appeals. Mrs. Riscoe stated she wanted to be sure there was not a dual situation. Mrs. Padgett informed the Counoil that the proper name for the Cemetery Board is actually the Board of Governors according to the Black Book. Appointments to Com~nityAppearance Board Mr. Strnad nominated the following for the Community Appearance Board: Danny O'Brien Thomas Newton Corn Reid Ray Titman Mary Rigby Doris Rogers Rose Smith Irving Cohen, Alternate Morrey Meltzer~ Alternate Mr. Roberts questioned if these people have any knowledge of this particular Board and Mm. Strnad replied that Mr. OtBrien is a sur- veyor. Mr. RDberts clarified that he does not question Mr. O~Brien or Col. Reid~ but is wondering about the qualifications of the others. Mr. Strnad stated in the past, we have used people on this Board who have been lay people and under the guidance of Col. Reid, who is very knowledgeable, they quickly learn how to operate under the requirements of the Board. Mr. Roberts stated ~LYNUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 4, 1979 that he doesn't have any preferenee~ but some members Go have ex- perience, such as Mrs. Deneen. Mayor Harmening agreed that-Mrs. Deneen has been on a long time, Mr. Strnad added that he appointed her~ but believes some new members should be on the Board. He believes there was an oversight on the subdivision behind his place and he would like to see some new people on the Board who may do a better job. Mayor Harmening asked if all these people submitted resumes and Mr. Strnad replied negative!y~ but they submitted requests. Mayor Hammening asked if they were only submitted to him and Mr, Strnad replied affirmatively and added that when he cam- paigned~ he spoke to many people. Mayor Harmening clarified that they were infommal requests and M~. Strnad replied that many were in wmiting. Mayor Harmening commented that it would have been nice if copies of these requests had been given to the other Council members so the names could have been given some consideration. Mr. Roberts then nominated Mr. Harold Blanchette and Mrs. K. Deneen as a!ternates~ since they are experienced and the others do not seem to be. Mayor Harmening then ealled for a vote on the seven nominations for regular members submitted by Mr. St~nad for the Comnmnity Appearance Board and the vote was 5-0 in favor. Mayor Harmening then called for a vote on the two nominations for alternates, Irving Cohen and MorTey Mettzer, submitted by Mr. Strnad for the Commun/ty Appearance Board. The vote was 3-2 in favor with Mr. Roberts and Mayor Harmeningdissenting. Appointments to Community Relations Board Mr. Strnad Board: nominated the following for the Community Relations Joseph Albury Grace Kemp Jackie Bolden John Miller Joe Smith Charles Johnson Hubert Henke Wilbur Krimpen Irving Kutlin Blanche Girtman Gladys Iscoe BOb Ferrell George Junnier Mr. Strnad added that the last two nominated are members of the Police Dept. Mayor Harmening stated that it has been an un~ritten policy that other than the Employees Pension Board and the two employee representatives to the Civil Service Board~ we have not nominated City employees to the various Boards. Mr. Strnad replied that he is aware of this, and these particular persons submitted -5- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1979 their resumes two years ago and were turned down because o£ the unwritten policy. He believes these people with being in contact ~th many people will be an asset to the Board. Mr. Roberts referred to there possibly being a conflict od interest and Mr. Johnson replied that for any other Board exoept the Comnmnity Relations Board, he would have some reservations about appoint- ing employees, butwith the Community Relations Board dealing with the public and the Police Department dealing with the public, it would be advantageous. Mayor Harmening referred to 13 members being nominated and an- nounced he would like to nominate the present Vioe Chairman~ Doug Sussman, to the Board. He refemmed to the minutes fmom the meetings of last year and told how he felt Mr. Sussman had done a good job. Mrs. Risooe moved that nominations be closed, seconded by Mr. Strnad. Motion carried S-O. Mayor Harmening called for a vote on the 14 appointments as stated and the vote was 5-0 in favor. Appointments to the Library Board Mr. Roberts announced the sad news that one member had died, Mrs. Estelle Sehaap. Mr. Strnad requested the City Clerk to please send a letter of condolences to Mr. Arthur Sehaap. Mr. Strnad then nominated the following fom the Library Board: Christine Edward Sandra Lautenseh!ager Ruble Mack Martha Musehella Geneva Smith Mildred White Mm. Roberts requested that Mrs. Curtis Weaver be retained since she has been on the Board and they have done an outstanding job. Mr. Strnad moved that the nominations be closed, seconded by Mrs. Riseoe. Motion carried 5-0. Mayor Harmening eailed for a vote on the seven people nominated for the Library Board and the vote was 5-0 in favor. -6- M~NUTES - SPECi~L CITY COUNCIL MEETING BOYNTON BEA(Y~t~ FLOR.YDA jANUARY 4, 1979 Appointments to Planning & Zor~ng Board Mr. Roberts referred to Mr. Arena moving out of town~ Mrs. Huckle not being interested and Mr. Ryder resigning and clarified that three vacancies are left on the Board as it stands now. He re- ferred to the detailed comprehensive land use plan being worked on and suggested some members be held over because there will be a lot -of workteo do on this and they are lam/liar with it. Unless qualified people are appointed, it may defeat the whole purpose. Mr. Johnson referred to this being one of the most important Boards and asked if the names he submitted had been received, Arnold Thompson and Fred DiSalle. Mr. Roberts and Mayor Harmening replied they had not received these letters. Mr. Strnad then nominated for the Plann/ng L Zoning Board: Arnold Thompson Fred DiSalle Ezell Hester Gene Johnson Fred Kostner Lou keiser Caesar Mauti Mr. Roberts referred to one nominee having been the Chairman of the Board and told ~about complaints being received from several people pertaining to his incompetence. As long as these facts are made known, he thinks it is very poor timing to ki ek out competent people. He is not in favor of getting a new Board with some not eve~nbeing qualified. Mr. Johnson agreed that this is a very important Board, but he feels personally all the members should be replaced because some of the zoning which has taken place in the City has upset some people. He feels with an entirely different selec- tion, maybe the zoning will be appropriate. Mayor Harmening referred to reading the minutes from the Planning and Zoning Board meetings and told about their decisions bein~ far from unanimous. Most of the time the City Council has gone along with the Planning & Zoning Boamd recommendations because they felt the Board did a pretty good job, but it is not unheard of or rare that the City Counei! overturned their recommendation. It is only a reoommending body. Ultimately any responsibility for unpopular zou/ng that the people may or may not like rests with the City Council and not with the Planning & Zoning Board. He referred to the amount of work being continued with the Board and stated some continuitY from the old Board to the new Board is extremely important. He referred to one ~mevious member being very qualified and nominated Col. Walter M. Trauger. -7- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLO~DA JANUARY ~, 1979 Mr. Roberts referred to Mr. Johnson mentioning that some people were unhappy with zoning and stated the time you are able to please everyone, it will be a miracle. He then asked how many of these people he knows personally and Mr. Johnson clarified that he was referring to the overall zoning which has taken place in the City and the majority of the Board made the recommendations and the City Council approved the recommendations of that Board. Their recommendations were no~ to the best interest of what the people wanted. Mr. Roberts again asked if he was familiar with the people named and Mr. Johnson replied that he has heard ~heir names. Mr. Roberts asked if they are qua!if±ed and Mrs. Riscoe replied that the people on the Boal~ at the present time have not expressed the interest that they want to be on the Beard this year except Cot..Traugem. Mr. Roberts stated that he has also received personal requestsd!ike Mr. Strnad and most of the members want to continue because they are on a particular assignment. It is a question of the City's benefit. If Mr. Johnson knows these people and they are qua!irked and can serve eompetently~ he will not oppose. He knows some of these people and they are not qualified. Mr. Strnad questioned how many on the Boamd were qualified before being appointed to the Board? Mayor Harmening referred to the discussion going on and stated that we have all made our points. Mrs. Riseoe nominated the first seven names submitted by Mr. Strnad, seconded by Mr. Johnson. Mr. Roberts added that the name of Col. Trauger has also been submitted and there is the question whether there should be a holdover. As requested, Mms. Padgett took a roll call vote on the nominations as follows: Councilman Johnson - Aye Councilman Roberts - No Vice Mayor Riscoe - Aye Councilman Strnad - Aye Mayor Harmening - No Nominations carried 3-2. Appointments to Recreation Board Mr. Strnad nominated for the Recreation Board: Floyd Van Deusen Lee Grimes Edwamd Harris Barbara Junnier Sam Kendrick Beth McHugh Ronald Hall Mrs. IRiscoe moved that the nominations be closed, seconded by Mm. Strnad. Motion carried 5-0. Mrs. Riscoe moved to appoint the nominees submitted by Mr. Strnad to the Recreation Board, seconded by Mr. Strnad. Motion carried 5-0. -8- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLOi~tDA JAHUARY 4, 1979 Appointments to Board o~ Trustees~ EmployeesT Pension Board Mrs. Padgett advised that Mr. Voehl and Mrs. Hardin were the two Council appointed members. Mr. Strnad nominated Elizabeth Todd, seconded by Mrs. Riscoe. Mrs. Riseoe nominated Dianne M. Hardin. Mr. Strnad moved the nominations be elosed~ seconded by Mr. Johnson. Motion carried 5-0. Mrs. Riscoe moved that the two nominees: Dianne Hardin and Elizabeth Todd be appointed, seconded by Mm. Johnson. Motion carried 5-0. Mayor Harmening informed Mrs. Riseoe that she is also a non- voting member of this Board. Appointments to PiremenTs Pension Trust Fund Mr. Strnad announced that he would like to nominate $ former fire captain from New York City, who served on the retirement trust fund previenely: George Gold. Mrs. Padgett referred to the member being appointed to a two year term and asked if this man was to finish out Mr. Chandler's term? Mr. Strnad questioned how there could be two year terms when an ordinance was passed making the terms for one year and Mrs. Padgett informed him that this appointment is b~ State Statute. After obtaining a copy of the State Statutes, Mr. Vance read Statute 175.061, but advised that he would have to eheck this appointment further. Mr. Strnad moved to table this appointment until we get the proper clari£ication~ seconded by Mrs. Riseoe. Under discussion, Mrs. Padgett referred to Mr. Chandler not having attended any meetings and Mr. Vance replied there is no attendance requirement under the State Statute. Mr. Roberus suggested possibly contacting Mr. Chandler to see if he intends to attend the meetings. Mr. Vance ad~i~ed that he would research this matter further. Motion carried 5-0. Appointments to Municipal Police Officers' Retirement Trust Fund Mr. Strnad nominated former retired Police Captain Joseph Casey. Mrs. Padgett asked if he was being appointed to eompletedMr. Schweitzer's term who resigned and Mr. Vance replied that anyone may resign f~omthe position. Mayor Harmening elarified that the date of this appointment would run for two years from date of appointment. Mrs. Riscoe moved that nominations be closed, seconded by Mr. Strnad. Motion carried 5-0. Mrs. Riscoe moved to appoint Joseph Casey as a member of the Municipal Police Officers' Retirement Trust Fund~ seconded by Mr. Strnad. Motion carried 5-0. Appointments to Community Appearance Board (Continued) Mayor Harmening announced that it seems we may have been slightly premature on the appointments to the Commun/ty Appearance Board. -9- MINUTES - SPECIALCCITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANI/ARY 4, 1979 Mrs. Padgett explained that the ordinance passed in 1978 did not include the Co~unity Appearance Board and there is the possibi- lity some of the members were appointed to three year terms. Mr. Vance read the ordinance sections and Mayor Harmening suggested placing these nominations on the table pending clarification of this. Mrs. Riscoe referred to it stating the members ean be re- placed at the will of the Council and Mr. Vance clarified that the City Council has the power to remove any member of the Board for cuase and this g.eRerally means ma!feasanee, misfeasance or nonfea- sance in office. Mayor Harmenin~ referred to the possibility of some appointments still being valid and stated he believes it would be better to rescind the previous motion and table any action on this one until the next regular meeting. Mr. Vance advised that a motion to reconsider their action and then a motion to table would be in order. Mr. Stmnad moved to reconsider the previous aetion in regard to appointments to the Community Appearance Board: seconded by Mr. Johnson. Motion carried 5-0. Mrs. Riscoe moved to table this until our next regular meeting, seeonded by Mr. Roberts. Motion carried 5-0. Mr. Vance stated the most helpful in£ormation would be a list of the present appointments and term of years for which they were appointed and Mayor Harmening requested Mrs. Padgett to please obtain this information and forward to the Couneil. CONSIDER LEGAL INSTRUiV~NT TO ESTABLISH POSITION 0F FINANCE DIRECTOR Mr. Johnson moved to take this ~rom the table, seconded by Mrs. Eiscoe. Motion earried 5-0. Mr. Vance stated that he distributed to the members of the Council, City Clerk and City Manager a proposed form o~ ordinance and proposed form of resolution relating to the establishment of the position of Finance Direetor. He read Section 49 of the City Charter and explained that if the Couneit wanted to establish the position of Finance Director as part of the elassi£ied ser- viee, this would he done by resolution with the City Manager filling the position and the resolution establishing the salary and duties. However, if the Council decides it is to be an un- ~ssified position~ this is done by ordinance with the Council nam/nc- the employee. Mayor Harmening clarified that the Council mast make the decision whether this is to be a classiEied or~- classified position and follow the proper approach. Mrs. Padgett informed the Council that Mr. Joe DeLong requested to speak on this matter. Mr. DeLong referred to when the first Civil Service system was adopted by the Congress of the United States to eliminate the spoils system and stated he staunchly -10- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1979 suppots the efforts to re-establish this position because it is a nationally adopted and accepted system of checks and balances, but any actions taken by this Council to place this position in an exempt or unclassified position is in deference to the established procedure of the Civil Service position and would be a step back- wards. Every department head is in classified service. Why should the classification of the Finance Director be an exception? He referred to the position of City Engineer being changed to a classified position in 1976 and stated by removing the position of Finance Director from classified service, the effect of the City Manager becomes limited. They should just go whole-hog and place all the department heads in non-classified positions and not have the City Manager fommof government. He is looking out for the future of these people who have made their future to be public servants. He criticizes the severance pay given to the former City Manager. The Council can make appointments in un- classified or classified service. The personnel dimector should be permitted to draft the descriptions for the job classifications. Mayor Harmening clarified that at this point, the question before the Council is does the Council desire to create this position and if so~ do we desire to create it as a classified or unclassified position. Mm. Stmnad asked if both documents submitted are perfectly legal as to how the Finance Director can be hired and Mr. Vance replied that neither relates to the actual hiring. Mr. Strnad referred to them creating the position and Mr. Vance replied that he be- lieves they are drafted properly and in compliance with the code. Mr. Stmnad asked if either was more preferable over the other and Mayor Harmening replied that he thinks Mr. Vance answered that in his prior talk when he said it was a matter of policy for the Council to make a decision and Mr. Vance agreed this was his position. Mr. Strnad asked if he had an opinion to his prefem- ence and Mr. Vance replied negatively. He added that it is a polioy decision whether to look to the City Manager and down the line or to the department heads. He feels the acting City Manager would be mome interested'in the policy aspect than his office. Mayor Hammening asked if Mrs. Tinker cared to comment and Mrs. Tinker replied that her only comment is that she is interim City Manager and would not want to assume the responsibility of this position. She feels firmly we need a Finance Director and she would not want to make the appointment since she is the interim City Manager. Mayor Harmening clarified that the question revolves around the matter of policy and whether to create the position in the classi- fied or unclassified service. He asked if Mrs. Tinker had any MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, PL01~DA JANUARY 4, i979 opinions on this and Mrs. Tinker replied that she would think since all the department heads are in the classified service, it would be a good idea to continue that po~icyand keep them in classified service. Mr. Johnsonc!arified thatitwas her opinion to place the Finance Director as the other department heads and Mrs. Tinker replied affirmatively. Mr. Johnson referred to the City Manager hiring the Finance Director and Mrs. Tinker clarified that the format of classi- fied service would be followed with adveri~§ing, receiving applications, reviewing them and if one is to be hired, a recommendation is made to the City Council with the demi sion made by the City Council. She added the City Council could be completely informed as to the applications received and review them. She would ask for their preferences who they would like to be interviewed. Mrs. Riscoe stated her main concern is to get a Finance Director in here. Applications should be submitted by those qualified, but we need a Finance Director. Mayor Harmening clarified that we must firs~ make a choice whether to create the position in classified or unclassified service. Mr. Roberts replied that the rest of the department he~ds are classified and the Finanee Director should follow suit. Mayor Hal~nening announced that he has no strong perfer- ence in this area as there are advantages both ways. There is a more protected and secure feeling for an employee when being employed under Ci~t Service. There are also advantages to unclassified~ namely we do hot have the cumbersome machinery of the Civil Service Appeals Board. The employee man be re- moved for cause much easier. He thinks Mr. Vance expressed it CozTect!y: it is a policy decision we are called upon to make. Before deeidifgwhether to have a Finance Director, this must be settled. Mrs. Riscoe referred to advertising for the position and asked if there was any way to have an interim Finance Director ap- pointed and Mr. Roberts replied that he didn't think one was needed. Mr. DeLong informed them that the Civil Service Pro- visions include that and a temporary employee can be put in. Mr. Vance stated that he has not reviewed that aspect of the Civil Service rules, but the normal set of rules does provide for an interim position. Mayor Harmening suggested before going farther that it be settled whether the position is to be classified or unclassi- fied. Mm. Johnson replied that he thinks it definitely should be under Bi,il Service and should be classified. -12- MINI1TES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4~ 1979 Mr. Johnson moved to create the position of Finance Director in the classified category. Mm. Roberts asked if this included adver- tising the position and Mr. Strnad replied that it is an utmost urgency to get a Finance Director in this City to get things straightened out. He does not know how long it would take to geta qualified Finance Director to do the job required. He knows for a definite fact that Mr. KennKribs is qualified, but he will not accept this as a o!assified position because he does not want to run into problems like the last one. If they want to forget about Ken Kribs, tkey should go with the classified posi- tion. In Riviera Beach, it is an unclassified position .and ~See Minutes ¢ other cities have the same setup. He would like to get a Finance 1/16/7~ Direotor on board. Mr. Kribs can be brought on board and then asked if he would accept it as a classified position or advertise for someone else. Mr. Roberts referred to having a choice when applications are received and stated as far as an interim Finance Director, there is no problem. Mrs. Betty Zobel is qualified and there would be no problem appointing her to act in the interim. Right now~ the problem is whether to classify the position or no~. Mayor Harmening o!arified that right at the present time, we do not have the position of Finanoe Director. Before creating the position, we must make a policy decision whether to create it in the classified or unclassified seotion. Presently, there is a motion on the floo~ to create the position in the classified section which has not been seconded. We must make a choice in order to fill the position. Mrs. Riscoe then seconded the motion. Under discussion, Mrs. Riscoe olarified this will be for a classified position. However regardless how anyone votes~ she is going to turn around after the vote and suggest we con, zoot immedi~te!y for a Finance Director until such time we get our advertising out to bid on the position. She feels definitely there is a dire aced for a Finance Director, Mrs. Tinker added that whatever their decision is~ and it is up to the Council regarding classified or unclassified~ they must realize the Council can still appoint an interim~ tem- porary Finance Director. Mrs. Riscoe stated that she is in favor of Mr. Kribs and hopes to bring him on as the interim Finance Director and hopes he will follow the procedure and not have the same thing happen which happened before. Mayor Harmening clarified that the motion is to create the position of Finance Director as a classified position in the Civil Service. As requested, Mrs. Padgett took a roll oall vote on the motion as follows: Councilman Johnson - Aye Councilman Roberts - Aye Vice Mayor Riscoe - Aye Counoilman Stmnad - No Mayor Harmening - ~o Motion carried 3-2. -13- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLOi~DA JANUARY 4, 1979 Mr. Vance clarified that the decision has been made to create the Finance Dixeetor as a classified position. To formally create the position, they must consider the resolutionwhieh has been dxafted. However, sinee no such position presently exists, there is a blank for the annual salary. Normally the pay plan would be presented from the Personnel Dimectox with the fixed mate. He has appmoached this on the basis of a fixed annual salary rate at such time the pay plan is presented. Therefore, it would be appmepriate for someone to move the reso!utionwith a figure inserted in the blank. Mayor Harmening asked if anyone had a suggestion for the initial annual salary for this position? He asked Mrs. Tinker if she had any suggestions as acting City Manager? Mrs. Tinker replied that $247000 per year would be a fair salary for the job that is needed in this position and the work whieh is also needed includ- ing bond issues and all financial matters of the City. Mr. Johnson replied that this sounded fair. Mrs. Riseoe agreedaand added that $25,000 or $26,000 would suit her too. A man fmom the audience meferred to this being $2,000 per month and requested them to be realistic with using the City[s money. Mr. Roberts referred to this salary being high on the scale and stated the person should be extremely well qualified pmofession- ally and be experienced to beging at $24,000. He was thinking in more of terms fr~m $18,000 to g20,000. Mrs. Riseoe replied it should be between $24,000 to $26,000. Mr. Robemts xefemred to the Finance Director being put in the same categoxy with the City Manager with the salary being set at this figure. Mr. Johnson questioned the previous salary and Mrs. Ri seoe informed him it was S22,500, which was two years ago. She thinks g24~000 to $25,000 is reasonable and not out of line. Mx. DeLong mefemred to the salamies of the other department heads and Mrs. Riscoe replied that they are in the $20,000~s and Mr. Roberts mep!ied that the others have a number of years of serv/ce. He is not in favor of g24,000. Mrs. Riscoe moved fox the amount of $2~,000~ seeonded by Mr. Strnad. Mm. Vance elarified for the mccord that Mrs. Riseoe has moved Resolution No. 79-B with the annual salary of $24,000. Under discussion, Mm. Roberts referred to not knowing who will get this job or with what experience and stated he did not agmee with setting the figure in the solid mange. He suggests ~21,000 to g24,000 depending on the applicant's background and experience. Mrs. Tinker explained how the salaries were in odd amounts accord- ing to the classified semvice and Mr. Vance agreed and suggested the pay mange be included which would mean no less than nor more than that range. Mayor Harmening suggested that the motion be amended to give a range of $23,000 to $24,000 in omder to allow the City pay plan to fall within a mange. Mr. Roberts amended the motion to state a salary range of $22,000 to $24,000, seconded by Mr. Johnson. Motion carried 5-0. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLOP~DA JANUARY 4, 1979 Mayor Harmening asked if there was further discussion on the basic motion. Mr. Vance read proposed Resolution No. 79-B by caption. Me clarified that before the Council was the approval of Resolution No. 79-B with a salary range of $22~000 to $24~000. Mr, Rbberts moved the adoption of Resolution No. 79-B with the pay scale in- eluded of $22~000 to $24,000. Mr. Johnson seconded the motion. Mrs. ?adgett took a roll call vote on the motion as follows: Councilman Strnad - No Vioe Mayor Riscoe - Yes Councilman Roberts - Aye Councilman Johnson - Aye Mayor Hammening - No Motion carried 3-2. Mayor Harmeninc clarified that now we have created the position of Finance Director with the salamy range of $22~000 to $24~000 in the classified service. Mavor Harmening asked if Mrs. Tinker proposed to hire someone in the near future and Mrs. Tinker replied negatively as being classi- fied, we must advertise and follow the rules. Mr. Roberts ferred to appointing an interim Finance Director and Mrs. Tinker replied it would be a great aid. DISCUSS APPOINTMENT OF FINANCE DIRECTOR Mr. Roberts moved to take this item from the table, seconded by Mr. Johnson. Motion carried 5-0. Mr. Roberts recommended going along with the interim City Manager to go out and advertise for a Finance Director and suggested ap- pointing Mrs. Zobel as the interim Finance Director, which she has done in the past several times. Mr. Johnson asked if Mrs. Zobel has been acting Finance Director up to now and Mr. Roberts replied that she has in the past quite a number of times. Mr. Vance informed them that he did not think it would be appro- priate to have this in the form of a motion as under the Charter~ the City Manager actually makes the appointment and presents it to the City Council for confirmation. The City Council can appro- priately make suggestions to the City Manager and discuss it with the City Manager, but the actual decision must bgbby the City Manager and presented to the Council for confirmation. Mr. Roberts moved to put this back on the table. Mr. Strnad plied that rather than putting this on the table, he would like to see if we could hire Mr. Kribs in the interim if he would copt it under these conditions. He is sure he is the man to do -15- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JD/NUARY ~, 1979 the job. He was dismissed under a cloud. He has been able to get both sides of the report ~and Mr. Kribs has been done a great injus- t-ice by this C/ty. There is no question about P~[e qualifications to handle the job especially since he reeeived one of the highest awards to be given to a municipality. He would suggest to the acting City Manager with tko approval of the rest of the Council that she ask Mr. Kribs if he would consider being the interim Finance Director until we get one. If he changes his mind and agrees to go along with a classified position, then he ean submit his application along with the rest. Mr. Johnson asked if Mrs. Tinker could make as~uggestion now for discussion purposes and Mr.· Vance replied affirmatively. Mrs. Tinker stated she would reeommend Mr. Ken Kribs as interim Finance Director in the classified service as stated in the reso- lution until such time as we have to follow the Civil Service Rules and advertise. She does feel the City at the present time is in vital need of a Finance Director and does want someone on Board. She reoommends Mr. Kribs if he will aoeept it. Mr. Vance advised that inasmueh as the City Manager has not discussed this with the individuaI~ it has to be a diseussion item rather than a formal recommendation. In l~oking at the Civil Service Rules and Regulations, Section 9 would be appropriate and he read regarding the position to be filled temporarily for no longer than six months. and the permanent position must be filled from a oertified list. However~ there is a legal problem in connection with this. He has not reviewed the file, but understands Mr. Kl~ibs is in litigation with the City and has sued the City. The matter was argued in court this morning and the former oounsel was retained to handle the appeal. It is his understanding this suit in general relates to Mm. Kribs ~eingdischarged two years ago. Mayor Harmening agreed and added that Mr. Kmibs is suing the City in excess of $500~000. Mr. Vance continued that while this suit= is in exist- ence, it is possible that hiring Mr. Kribs could prejudiee the Cityts position in that partieu!ar law suit. tn his opinion~ he does not reeommend hiring somebody suing the City. He explained how there were possible problems from a legal standpoint. Mayor Harmening referred to this information and asked what was the Counci!ts pleasure. Mr. Johnson stated he would have to take the City Attorney,s adviee and unless the law suit is dropped~ we should not consider the appointment. Mr. Roberts stated that we have to abide by the facts presented. He suggests we strike this from the agenda and if necessary get an interim Finance Director from within our group which has been done several times, the same as the interim City Manager. Mr. Strnad referred to this putting him in a ba~ position and stated it was his understanding when the suit was fi!ed~ it was filed against Mr. Frank Kohl, but being a City employee, the City had to be included in the suit. Mayor Harmening asked Mr. '16- MINUTES - SPECIAL CITY COUNCIL MEE~NG BOYNTON BEACH, FLOMIDA J~RY 4, 1979 Vance if he had any ~in£ormation on this and Mr. Vance replied that he has not read t/ge fi!e~ but if the City is the main defendant, the City can have a judgment entered against it. Mm. Roberts added that Mm. Kribs was not working for Mr. Kohl but for the City. Mr. Strnad stated that Mr. Kohl fired Mr. Kribs. Mayor Harmening stated that as ·long as litigation is involved~ there would be no possible way he could vote to hire Mm. Kribs under these circumstances. He is sumprised anyone would consider the suggestion. Mrs. Tinker referred to her thinking on this and stated she feels Mr. Kribs would make a good Finance Director~but Mr. Vance also advised her it w~u!d not be proper if he were suing the City 'and she questions whether Mr. ~ibs would drop the suit. She wanted to bring i~ out in the open so everyone would be aware of it. Mr. Vance added that this was correct, Mr. Johnson stated in case M~. Kribs does decide not to drop the case and Mrs. Tinker could not hire him~ could she make another suggestion who to appoint and Mr. Vance replied t?~t she certainly fs entitled to use all the normal routes and provisions for the appointment. Mayor Harmening suggested this be stricken from the agenda since the feeling is Mm. Kribs is not under consideration at this time · and it is the prerogative of the City Manager to mat~ the appoint- ment. Mr. Roberts moved to strike the~ointment of a Finance Director~ seconded by Mr. Johnson. Motion carried 5-0. PROPOSED RESOLUTION NO. 79-C - P~: 1978 WATER $ SEWER SYSTEM CONS~R~CTION FUND -- Mr. Vance read proposed Resolution No. 79-C by caption. Mr. Roberts moved the adoption of Resolution No. 79-C~ seconded by Mrs. Riscoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Riscoe - Aye Councilman Roberts - Aye Councilman Johnson - Aye Mayor Hammening - Aye Motion carried 5-0. OISIER Mrs. ~Riscoe r?ferred to all the ~anfare at Tuesday's meeting and state~ she thznks we overlooked a most obvious thing. Mrs. Tinker was appointed as interim City Manager~ but we neglected to stipu- late the salary. Friday is pay day and she wants the proper pay check. Mr. Roberts replied this could be done at any time and it can be retroactive. This ~s a Special Meeting and the agenda has beenlisted. This Can be done at the Regular Meeting. -17- MINI1TES - SPECIAL CITY COUNCIL MEETING JANUARY 4, 1979 BOYNTON BEACH, FLORIDA Mr. Strnad announced that there is a small thing which he is eon- aerned about. There is a desperate need for front end loaders. The garbage is strewnaround and we do not have the dumpsters to pick up this garbage. He does not see any time tabl~ when the two dumpsters we approved are going to be delivered and Mayor Harmening informed him that these are available for immediate delivery. ADJOUrnMENT Mr. Robez~s moved to adjourn, seconded by Mr. Johnson. Motion carried 5-0 and the meeting was p~oper!y adjourned at 9:35 P.M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ~ ~~'~y Clerk Recording Secretary ( Three Tapes) ~ ~ wJi~e Mayor Councilman /~ ~' ' ~ ~Couneilman -18-