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Minutes 01-06-78MINUTES OF SPECL~L CITY COUNCIL M~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, P~LD IN CITY HALL, FRIDAY, JAhM3ARY 6, 1978 PRESENT Emily Mo Jackson, Mayor Edward F. Harmening, Vice Mayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman David Roberts, Councilman Frank Kohl, City Manager 't Tereesa Padgett, C1 y Clerk Gene Moore, City Attorney N~yor Jackson called the meeting to order at 4:10 P. M. and announced it was a Special Meeting called ~or the following purposes: 1. Review of the Boards 2. Civil Servi~e Regulations 3. City Attorney Mayor Jackson added that the item of City Attorney was in- cluded to rectify the mistake of ~ot being included on the regular agenda last Tuesday to increase his salary which was promised to him. R~W~I~ OF THE BOARDS MAyor Jackson requested Mr. Moore to advise the Council what he found out in the review of the Boards. .Mr. Moore stated that in reviewing this matter, it appears there were two Boards in question which were discussed which did not have arq provision in the ordinance f~r alternates. The appointments of alternates to those Boards would not carry any legal effect, but if anyopening comes in the future they would be considered. They could be put on the Board in an inactive ca~acity not constituting the number of the members. Mayor Jackson clarified that the Recreation Board was in question. Recreation Board M~or Jackson referred to appointing two people as alternates on this Board and questioned the action to take and Mr. Moore suggested that the motiong making the appointments be re- scinded. Mr. Roberts agreed and suggested placing their names on file. Mr. Roberts mowed that the a~em~e~ on the Recreation Board remain as required under our ordinance and the excess two ~n~es ~ould ~1, h~ ~.a~ u~ti~'l such lt~ims~..as %a vacancy occurs there or any other Board, seconded by Mr. Harmening. No *See m3_u. discussion. Motion carried 4-0. of 1/17/78 Mayor Jackson added at this time that ~. Caldwell would be late in arriving. E Employees Pension Board Mayor Jackson stated that the Employees Pension Board __eeaed another member and added that Diane Hardin has been on this Board, but we did not re-appoint her. MINUTES - SPECIAL CI~/ COUNCIL F~ETING BOYNTON BEACH, FLORIDA JANUARY 6, 1978 Mr. DeMarco moved to re-appoint Diane Hardin, seconded by Mm. Harmening. Mayor Jackson ascertained there were no other nominations and this nomination carried 4-0. Community Relations Board Mm. De~L~rco referred to having talked to ~. Doug Sussman and having planned to put him on the Community Relations Board. He then moved to nominate ~. Doug Sussman for the Community Relations Board, seconded by ¥~. Harmening. Mayor Jackson ascertained there were no other nominations and Mm. Harmening moved that nominations be closed, seconded hy 5~. DeMarco. Motion carried 4-0. ~yor Jack, on then called for a vote in favor of appo~nt~ug I~m. Doug Sussman on the Community Relations Board and the appointment car- ried 4-0. Communit~ Promotions Board Mr. Moore read Resolution No. 78-C abolishing the Community Promotions Board. F~. Harmening moved the adoption of Reso- lution No. 78-C, seconded by Mm. DeYm~rco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: ~ice Mayor Harmening - Aye Ma~or JacP~on - Aye Councilman Roberts - Aye Councilman Caldwell - Absent Councilman DeMarco Aye Motion carried 4-0. CIVIL SERVICE REGULATIONS Ym. Kohl informed the Council that the revised edition of the Civil Service Rules and Regulations of the City of Boynton ~ach now reflect a consolidation of the various amendments from the ~972 printing to date. This will eliminate flipping through pages which were inserted that resulted in a confus- ing and often time frustrating experience. Many of the em- ployees, in the past, complained they had lost their amend- ments and therefore were not apprised of changes which ~ ha~e been in effect. This new book also expands the defini- tion section which will help when reading various sections. There have been other revisions put in, most of which have been recommendations resulting from civil service hearings or simply to clarify what has been ambiguous statements be- fore. This book also has an index in the back which will help the employee find specific sections and topics. The employee grievance procedure has been expanded, which, he believes, will give the employees more participation as the Grievance Board will be established and maintained by them. -2- MINUTES - S~C~L CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 6, 1978 Mayor Jackson stated that she has looked it over and thinks the index is an excellent idea and added that she has lost amendments. Mr. Harmen~ug asked if these were the changes Mr. Sullivan and certain members of the Civil Service ~oard had recommended and Mr. Kohl informed him they had worked on it for over a year and they also talked to Department Heads and it is a totally revised book. Mr. Moore then read proposed Resolution No. 78-D pertaining to the revised editien of the Civil Service Rules and Regula- tions. Mr. Harmening mo~ed th? adoption of Resolution 78-D, seconded by ¥~. Roberts, No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Jackson - Aye CounCilman Roberts - Aye Councilman Caldwell - Absent Counci!manDeMarco - Aye VicB Mayer Harmening - Aye Motion carried 4-0. CITY ATTORS~T ~or Jackson stated that about a year ago when Mr. Moore was hired, he was hired at a flat rate for one year. At budget time, she said we were not going to increase his pay then, but would wait u~util his year was up, There was a recommendation made at the budget meeting and Mm. Kohl in- formed them it was $28,000. Ym. DeMarco stated inasmuch as he was present at the budget meeting and this was agreed upon, he moves to give the City Attorney $28,000 for the year ~978 as agreed during the budget session, seconded by Mm. Roberts. ~nder discussion, Nmyor Jackson stated she had forgotten how many law suits there were last year which have been quietly settled without stating how many hours, etc. and it was done efficiently. ~. Roberts stated he would like to make a suggestionsin regards to this and he referred to the past when the City Attorney would occasionally give some background of what has happened and it also helped to keep the public informed. M~. DeMarco informed him that M~. Moore has been doing that and Mr. Moore expressed his agreement to giving summary re- ports and stated he would be glad to give one at the next meeting. Motion carried 4-0. Mr. DeMarco referred to most of the law suits being settled and M~. Roberts asked what had happened to the case where we defaulted. Mr. Moore told about it being back at issue and being ready for trial. Mm. Harmening questioned the title of this case and M~. Moore informed him it was Tisdale, the sub- contractor who did work on the sanitary sewer plant and briefly told about the case. M!~JTES - SPECIAL CITY COUNCIL MEETING BOYNTOE BEACH, FLORIDA JANUARY 6, 1978 Mayor Jackson referred to the ~lnor case and ~. Moore told about this case being resolved in favor of the City. Mayor Jackson questioned the number of outstanding cases and N~. Moore replied there was the Tubby Fields case going back to 1959 and told about an accounting of this being taken. Also, there are the cases with Ocean Ridge and the Regional Eoard. Mr. De~rco questioned the deadline to file an answer for the Regional Board case and ~. Moore replied there was no deadline and we are ¢o~ered. Mayor Jackson informed him that a verbatim transcript had been made from the Board meet- ing for his re~iew since they did not think we were covered. M~yor Jackson then asked how many suits there were at the beginning of the year and ~. Moore replied 26 or 27. He added that the Pratt Case has also been dismissed. He then asked if we had gotten s~ved by,ii,age Royale and Mr. Kohl replied that he had not received suit. Mayor Jackson stated that Ocean Ridge and the Regional Board are new cases and I~m. Moore has settled a lot of cases. ~. DeM~rco referred back to the Regional Board case and asked what M~. Simon's response was and M~. Moore informed him that ~. Simon did not want to get involved. Mr. Moore then stated in regards to his $25,000 salary, he agreed to that and did not ask for a raise and ~ayor Jackson agreed and told about thinking of this herself and bringing it up. Mm. Moore stated he feels strongly about what he said when he took the job that the Job can he done efficiently for $25,000, but he doesn't think a raise is unreasonable and than2~s them for it. Mr. Moore then questioned what had happened at the Board meeting and told about Nm. Saberson telling him today that our Council agreed there is no question on the operation of the plant that Delray Beach shall operate the plant. The Council members responded ~egatively and ~. Moore informed them that hR. Saberson intends to take depositions from each member of the Council. He then explained how the real ques- tion is what ~operate~' means. Mmyor Jackson suggested that he read the minutes from the Board meeting and added that she had also given him information from 1974 which may be helpful. Mr. Moore told about trying to get Delray's posi- tion in writing on their meaning of Paragraph 10. Mayor Jackson told about discussing entering the six questions at the Board meeting, but not getting Delray's cooperation and they always just referred to Section 10. ~o Harmening added that when the agreement was in final form and was signed, there were many reservations because of Paragraph 10 and there were many meanings of Paragraph 10 bandied ab~t. MINUTES - SPECIAL CITY CODICIL MEETI~G BOYNTON BEACH, FLORiD.~ 978 Mr. Roberts stated that Deiray Beach would not change the suit and said there was nothing to prevent Mm. Moore from pointing out these six points and Mr. Moore replied that he wonld. Mr. Moore told how he was researching the question of the legality of designating municipal powers to the Board to go back to another municipality without the ~ote of the paople. (Nm. Caldwsll arrived at this time, 4:35 P- M.) M~or Jackson referred to ¥2. Startzman's interpretation of Section ]0 and ascertained that none of the members nor Moore had discussed it with him. Discussion followed and it was suggests8 that Mr. Moore meet with Mr. Startzman to discuss this. Mr. DeMarco referred to part of the interlocal Agreement heLug copied frem another area and questioned how it was working and Mr. Canon informed him that it was practically not functioning because of the same problems. He told about the Chief Executive Officer being discharged and not being replaced because the authority was given to the City Manager. Mayor Jackson suggested that each Council member and }~. Canon meet with }~. Moore to discuss this further. Mayor Jackson informed ~. Caldwell that the Council had ~oted in favor of ~ncreasing M~. Moore's salary and M~. Caldwell replied that something of this magnitude should be brought up at a regular Co~ucil meeting. ~yor Jackson referred to it being discussed at the budget meeting and ~. Caldwell replied that he was not saying Mm. Moore should not get the raise. Mayor Jackson stated that it should have been on the agenda for the first meeting in January since it was discussed at the budget meeting. M~yor Jackson referred back to the discussion of the Re- gional Board suit and ~. Moore stated that he. would be glad to meet with each Council membe~ and explained further about his research of the possibility of Paragraph 10 constituting an illegal delegation of powers from Boynton Beach to Delray Beach. M~ayor Jackson referred to West Palm Beach and M~. Moore informed her that was beLug operated under contract. He added that it seemed like we were getting closer to an independent authority ~ud Mayor Jackson replied that is what we wanted in the beginning. ADJO~JRNMENT N~yor Jackson ascertained there were no further questions. Ym. Roberts moved to adjourn, seconded by Mm. Harmen~.m.g. Motion carried 5-0 and the meeting was properly adjourned at 4:45 P. M. MINUTES - SPECIAL CITY COYNCIL MEETING, BOYNTON BEACH, FLORIDA JANUARY 6, 1978 0ITY OF BOYNTON BEACH, FLORIDA N~yor ~j ~ ~. Co~Cilman Coancilman ATTEST: ~~~iCity Clerk cordite Secretary (One Tape ) -6-