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Minutes 09-18-73MINL~ES OF P. EGULAR CItY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 18, 1975. Emily M. Jackson, Mayor Joe DeLong, Vice Mayor David Robe=ts, Councilman Edward F. Harmening, Councilman Pormest L. Wallaee~ Councilman Frank ](ohl, City Managem Temeesa Padgett, City Clerk Ernest G. Simon, City Attorney Mayom Jackson called the meeting to o~dem at 7:52 P.M. She welccmed the audience and asked them to ~ise fora the invocation 9~iven by Rev. L. L. Alder~an~ Chtt~eh of God~ followed by the Flag Salute led by Vice Mayor DeLong. Mayor Jackson announced that theme would be a special voter registra- tion scheduled for November 7th ~nd 8th and November 12th and 15th between 5:00 and 7:00 P.M. on all dates. Places of registration will be at Wilson Recmeation Centem, Hampshire Gardens Clubhouse: City Hal/~ Sterling Village Clubhouse: Leisurevitle Clubhouse - South: ar~ Village Royale Clubhouse. This will be fora City, County: State and Federal registmation. It will be after the Bond Issue of October lSth and 'the books a~e closed as of now for the County. The Mayor said she would make another announcement at the next meeting. Mayor Jackson read a Proclamation commemorating the 186th annivemsa~y of the adoption of the Constitution of the United States of America~ designating the week of September 17-25:1975 as Constitution Week. Mayom Jackson read a second Proclamation designating October 1, 1973 as Municipal Home Rule Day. It will be commemorated every Octobe~ 1st themeafte~. P~5~dTES R~gula~ Meetin~ - September 4, 1973 F~. DeLong had a correction on page 7, paragraph 3, line 4 -- Roberts' name should be substituted fo~ Mm. Wallace. Mayor JackSOn had a correction on page 12, ~er the heading, ~Diseuss Full-Time Attorney. ~ She said the first three lines should be stricken as this did not happen. She asked to have the minutes ~ead: Jackson asked Mm. Kohl to read all the resumes for this position and before this could be done ..." and then g~ into the last para. graph beginning "Fir. Harmening made a motion ... ~' 'She said the Council did not discuss what the ~Linutes reflscted in the first three lines undem this heading. - l- MINGTES OF REGULA~ CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL% TUESDAY, SEPTEMBER 18s 1973. M~. DeLong m~ ed that the minutes of Tuesday, September 4, 1973 be adopted as coz~ected. M~. Roberts seconded. There was no discussion. Motion carried 5-0. Special Meeting- September 10s !973 Mr. Harmening moved for the adoption of the minutes of the Special Meeting of September 10, 1973 as w~itten. M~. DeLong seconded. Under discussion, M~. Wallace noted that he was absent from that meeting. Motion ca~ied 4-0, Mr. Wallace abstaining as he was not p~esent. PUBLIC AUDIENCE Mayor Jacksom said there was a Public Hearing at 8:00 P.M. She asked those who wished to speak on items that were on the agenda to give their names to Mrs. Padgett. All others were ~¢elcome to speak with a three minute time limit. Mr. F. C. Van Deusen, 227 N.E. 22nd Avenue complimented the Council on the progress being made in the City. He asked about the traffic light on 22nd Avenue and Council advised that it was coming up tonight. Mr. Van Deusen asked if the City could find money to put up three or fou~ lights on 22nd Avenue to ¢o~respond with the lights on 24th, 25th and 26th. He said the new lights show up very well but the ones nea~ his home to which he was referring were very dull. Mr. DeLong asked i~ there was mercury vapor in the area and Mayor Jackson said yes, near Village Royale. F~. Harmening moved to instruct the City Manager to handle this ad- mS~uistratively and get Florida Power and Light to accomplish putting in the new lights. Mr. DeLong seconded the motion. There was no discussion. Motion carried 5-0. Mr. Van: Deusen then referred to the growth of weeds on the west side of 3rd Court between 25th end 26th Streets. Mayor Jackson advised that Mr. Kohl would take care of this. Mr. William De~lva, 448 S. W. 10th Avenue, stated that his property backs up on the porest Park School and he complained about the loud noise created by morooyeles which ride up and down behind his house and on the DOT property, 1-95 right of way. He spoke to the polices who have chased the boys, but they keep coming back. He had .contacted the Mayor, who advised that nothing could be done about the problem. The City Manager advised him similarly. Mr. De$1va said he received a copy of the O~dinanee on Loud and Unnecessary Noises prohibited, Section 17-22.2 of the City of Boynton. He asked that this be read aloud. Mr. Simon obliged. Mr, DeLong stated that such complaints should be registered with the City Manager as the Council could do nothing other than ~i~t~uct the -2 - MINU~ES OP REG~LD~ CITY COLhNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 18, 1975. City Manager to contact the Po/ice Department for results and get a report. Mayor Jackson said she had a f~ll report. She said the police cannot cover the area full time and the noise is stopped when they do appea~. Mr. DeS¥1va felt that because there were no effective means of curbing this situation, it reflected poorly on the Police Department and on the town. He said the Po/ice Department advised that there was nothing w~ong with the children doing this as they were not breaking the law. Mr. Kohl sympathized, but said the City Prosecutor, Mr. Jack Wessel advised not to make an arrest in such cases unless the complainant signs an affidavit with the court. Mayor Jackson said that l~. DeSilva would have to come in and si~n a warrant. Mr. DeSylv.a asked why the ordinance couldn't be er~orced. Mr. Wa]Iaea said if it was checked out with the Police Department and Federal and State a~eneies, it would be found that most of these motorcycles a~e legal and the problem was in identifying those bikes which are illegal. They are unlicensed, racing type vehicles. He said unless a warrant is sworn out by conceal, ned individuals~ the Police Department can do nothing. There was further discussion between Mr. DeS-~lva and Council regarding whether it was the duty of the Po/ice Department or the citizen to correct the situation. Mr. Kohl then read a letter from the Chief of Police, Lt. John Gardner, regarding the Forest Park School complaint on mini-bikes~ listing the number of complaints, citations issued and disposition of same. Mr. DeS.ylva felt that this did not pertain to the area in question where mostly unlicensed children were ridinq. Mr. Kohl stated that as long as these bikes were riding in the woods and not on the roads, they do not need licenses. Mr. DeSylva asked if the noise ordinance was effective on any piece of p~operty~ no matter who owns it and Mr. Wallace answered yes. Mr. DeSylva felt it was ridiculous to have to chase these people. Mr. Harmening noted that this problem was prevalent in many areas. He said that unless the City sets up an ordinance specicifying a certain noise level and then has a machine to make an on-the-spot recordin9 of the intensity of the noise: and this procedure was followed, the people arrested would be acquitted. Mr. DeSylva closed by saying that this problem was the fault of the parents who buy the bikes for their children and turn them loose on their neighbors. John Stevens, 715 N.W. 4th Street, Chairman of the Community Relations Board, asked about the status of the bicycle paths. Mr. DeLong stated that at the start of the fiscal year, October lst~ there will be $10, 000 available for this project. He noted that the County was presently constructing bicycle paths along Congress Avenue, Mr. Stevens then stressed the need for a municipal auditorium. The Council expressed its interest in such a project, but noted the great MINUTES OF REGHLAR C~%'~ COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, PLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 18, 1975. expense involved at the present time. It was £elt that there would be such a facility in the ~utu~e. Mr. Wallace noted that a membe~ of the County Commission present at an earlier meeting expressed interest. He aisc stated there were County owned lands in the area and perhaps interest could be created in this way. PUBLIC HEARING - 8:00 P.M. Consider Abandonment of Easements - Refield Construction, Inc. Mr. Kohl stated that the P~nning and Zoning Board held a meeting on September 12:1975 and the Bttilding Offieia!~ Jack Barrett reported that the Board unanimously approved the abandonment with the recom- mendation that agreement for ne~; easement should be simultaneous with abandonment. He said there was no opposition to this request at the meeting~ and that evez~ything was in o~der for Councilts consideration% of this request. Fir. DeLong noted that he has studied the situation and various reports. Mayor Jackson asked if there was anyone present who wished to speak in favor of the abandonment of the easements. Mr. Robert Pield~ President of Refield Construction, Inc. asked if Council had any questions concerning his request. He said the main reason for the abandonment is to build two triplex structures on the end of the block where the existing easements are presently located. He stated that the Technical Review Board, Planning and Zoning and the Community Appearance Board have passed favorably on the app!ieation~ adding that the Community Appearance Board requested certain land- scaping around the buildings to which he had no objections. Mr. Roberts asked about the status of the new easement and Mr. Field said that he has already signed a new agreement with Florida Power and Light~ granting them the easement shown on the site plan which was submitted to the Council. He said this would be an extension of the existing easement ,running from east to west between the remainder of the lots immediately to the east of the easement which is not dedicated to the City. Mayor Jackson noted that it would be Swapping one the other. Mayor Jackson asked i~ anyone else wished to speak in favor of the easement. She then asked ~f ~nyone wished to speak against it. P~. Ha~mening moved that the easement be granted and then retracted his motion after Mr. DeLong asked if he could make a more thomough motion for the ~ecord. Mr. DeLong moved the City Council approve the request of Refield Con- struction and vacate the utility easement in the west end of Block 41, -4- ~S OF RE~dLAR CITY CO%HNCIL MEETING OF THE CITY OF BOYNTON BEACH, FiORIDA, HELD AT CITY HALL~ TUESDAY, SEPTEMBER 18, 1975. Rot]~n.g Green Ridge~ first addition~ shown on the site plan and labeled ~existing~ with the proviso Refield in turn, s/multaneousty dedicate the new utility easement shown on the site plan and labeled Wnew~. Mm. Harmening seconded the motion. Urger discussion, Mm. Wallace asked if this easement stipulation agreed with Mm. Barrett's recommendation. Mr. Baz~0ett said yes~ he just wanted to be sure that the City~ as well as Florida Power and Light, has the cooperation of Refie!d in preparing the easement. Mr. Wallace requested that this be ~eflected in the motion. Mr. Harmening clarified that the easement should be granted to the City rather than to Florida Power and Light. FiT. DeLong said that the City still retains the easement: but there has been a relocation. Motion ca~ried 5-0. PUBLIC AUDIENCE (Cont'd) Harry LeFo~t, 2152 N. E. 1st Way, asked about the status of the sign ordinance case against Village Royale on the Green, concerning the signs that have been up almost five years illegally. Mr. Barrett noted that the case was continued by the Judge. Mr. LeFort felt that there were too many continuations and he understood, that Village Royale wanted to leave the signs up until after the season so tP~t al 1 the facilities would be sold. Mayor Jackson asked Mr. Baz~ett if there was a time limit and he said yes, however, the Judge wants to rule on this before he will try the case. Mr. Barrett believed he was trying to decide whether the ordinance was constitutionally correct before ~uling on the 9uilt or innocence of Village Royale or Alfredo's. Mr. LePort thought there was a time limit of 25 days and Mr. Barrett answered that he believed there was only a few days after the Judge received the briefs of both attorneys involved. Mr. Simon said he understood that the Judge has taken this under advisement urfcil he can review the briefs of both sides, as the material is rather voluminous. Mr. LeFort asked if this was going to happen with every ordinance end Mr. Simon answered that any defendant has the right to attack the validity of any ordinance, State Statute or Federal law. Mr. LeFort then referred to a weekly newspaper that blames the Counoil for the ~gag~ law. He noted that the ~gag" law was invoked on him 5_n 1970 and he pointed to the Police Chief who removed him from the room at that time. O. T. McLean, 906 S. Federal Highway, spoke about a letter he sent to the City Manager with a request that copies be given to each member of Couneil. His letter concerned a murder and an incident of MINI~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY: SEPTEMBER 18, 1973. two children pinned in a w~eck in Boynton Beach due to a lack of proper equipment. He said when he was on w~eeker rotation, he had expensive equipment, designed to work under any circumstances. He wanted to know why the Police and Fire Depaz~ments did not have the proper equipment for such emergencies. Regaz~ling the m~uder, he noted his earlier request for an ordinance that al~ employees in Boynton Beach having anything to do with handling cash or who came in direct .contact with the public be fingeDprinted, cmiminally e~hecked and lss.u~ed I.D. cards entitling them to employment in the City. He felt if this system was in effe~t~ a recent murder wouldn't have occurred at a gas station. ~ayor Jackson asked if this information was contained in his letter and Mm. McLean said yes. He then went on to discuss instances he had ?epo~ted to the Police of people who were causing disturbances which he felt could have been handled more effectively. JOhn Clea~y~ 160 South Boulevard, mentioned Watergate end referred to an instance about a year ago when a tape was played with accusations against everybody in the City. These were supposed to have been witnessed ~nd he asked if there was any disposition of these charges. Mayor Jackson said she didn't recall the charges and Mr. Roberts asked when this took place as he thought it was more than two years ago. BIDS Diesel Tractor with Front End Loader Mr. Kohl noted that three bids were received. The Tabulation Committee recommends acceptance of the bid from Engineering ~chine Company in the amount of $5,~21.00 which was the alternate bid and met all specifications. The alternate bid has 1,000 lbs. additional lifting capacity and for the small difference in price, it was decided this would be the better buy for the City's needs. The difference is $362.00. He noted that a transfer of $6,000.00 budgeted in account 2400-515.01 for a hydraulic brush picker, was approved by Council at the Regular Meeting o~ September Sth. Therefore, this purchase will come from these funds. Mr. Kohl agreed with this recommendation and also recommended the purchase of a fork to be used in conjunction with the front end loader, costing about $200-300~ which would not exceed the budgeted amount if approved. Mayor Jackson requested that the other bids be mead for the record. They were: Trail Ford Tractor - $5,900.00 end Palm Beach Tractor - $4,988.67. Mr. Kohl said they did not meet specifieatiens. Mr. DeLong moved to approve the City Manager's recommendatlons~ seconded by Mr. Wallace. Theme was no discussion. Motion carried 5-0. - 6- MINU~ES OF REGULAR CIE~ CO~bNCIL MEETING OF THE CITY OF BOYNTON BEACH, PLORIDA~ HELD AT CITY HALL~ TUESDAYs SEPTEMBER 18, 1973. LEGAL Ordinances - 2nd Reading No. 73-39 - Amending Sec. 26-5 of the Code - Municipal Excise Tax Mr. Simon read 0rd~nance 73-39 on second reading by caption only -- An Ordinance of the City of Boynton Beach: Florida, Amending Section 26-5~of Chapter 26 of the Codified Ordinances of Said City to Provide for Amendment of the Municipal Excise Taxes of Said City~ etc. Mr. Roberts moved for the adoption of O~dinance 73-39 on second reading, seconded by Mr. Ha~mening. There was no discussion. Motion carried 5-0. Ordinance 73-40 - Amending Sec. 30B-32 of the Code - Constr~ction Planning Mr. Simon read Ordinance 73-40 on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, ~ending Section 30B-32 D (3) of Chapter 30B of the Codified Ordinances of Said City, Providing for the Approval of the City Manager Under Said Section to be in Conjunction with and with the Cooperation of the City Engineer, etc. Mr. Harmening moved for the adoption of Ordinance 73-40 on second reading, seconded by Mr. Roberts. There was no discussion. Motion carried 5-0. Ordinance No. 75-41 - Assessment Roll, Paving Portion of S.E. 26th Ave. Mrs. Padgett said that Dr. Simon would like to speak on this subject. Dr. Charles Simons 141 S.W. 24th Avenue, said that he wouldn't be appearing before Council again if he and Dr. Skin,er didn't feel so strongly that they were justified in asking for some relief regarding their prope~y on 26th Avenue. He then read a verbatim transcript from the Meeting of July !7th as the minutes of that meeting reflected that he disputed the agreement made between Dr. Skinner and Mr. Kohl. He stated as a compromise at that time, he and Dr. Skinner would consider going into 50% and there was no dispute in that agreement. He and Dr. Skinner feel that .there is some harm to their property in water damage because of the road that was put in. He reviewed the Charter, Article VIII, Sections 156, 158 and 159 regarding assessments and felt that the Council had some !eewa~ regarddng the property in question. Dr. Simon also reviewed prior developments in this matters including removing the assessment on Lot 9D and Mr. Roberts~ suggestion of making a $1,000 adjustment. He felt that the majority of the Council went along with giving some relief until Dr. Kiszka advised that if - 7- MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OP BOYNTON BEACH, PLORIDA~ HELD AT CITY HALL~ TUESDAY~ SEPTEMBER 18, 1973. any relief was given: he wanted it also. Dr. Simon noted that D~. Kiszka's situation was entirely different and should be treated as such. He pleaded with the Council for consideration and asked for relief because of damage to his property. Mayor Jackson pointed out s statement from the last meeting by Mr. Roberts in which he stated that at the time of the original ordinance, if someone had come lo,Nard and taken some action on what has been done, it would be a different question. She said she consistently voted against the road being put in but now that it's in~ that ~s it. Dr. Simon said if he and Dr. Skinner owned the property at that time: they would have been justified in doing that. The prior owner did complain about it. He said when the Council voted against putting in the road extension, there must have been strong reasons against it, for the peoples~ sake and just because the road was put in, he ques- tioned why the people have to pay for it. He felt if his lot was commercial, there would be benefit, but not necessarily if it's residential. Mr. Simon then read O~dinance 73-41 on second reading by caption only -- An Ordinance of the City of Bo~nton Beach, Florida, Levying Special Assessments Against Property B~nefitted by a Certain Street Improvement Project Within Said City, etc. Mr. Wallace moved that Ordinance 75-41 be amended to give relief to those property owners who have presented their case to Council which was prevously discussed and on which presentation was made by the City Manager -- Drs. Skinner and Simon. Mr. Harmening seconded. Motion carried 5-2 against: Mr. Wallace and P~. Harmening in favor. Mr. Roberts qualified his vote by Saying that first there was no meeting of the minds and then an ordinance was drawn forgiving the entire assessment. If it was a toss-up between no assessment and a full assessment, he would vote for a full assessment. Mr. DeLong moved for the adoption of the assessment roll, Ordinance 73-41 on second reading. Mr. Roberts seconded. Under discussion~ Mr. Harmening felt that there was a decided inequity in this ordinance which was easily detected and easily seen if lot 95 was treated the same as the rest of the lots. There was no question in his mind that the construction of the road extension interfered with the primary drainage on lot 93 and created a very definite water problem. It was not clear in his mind whether the original Public Hearing reflected the majority of the property owners being in ~avor of the improvement and it was passed on that basis. He also refer~ed to a statement made at one of the meetings that this improvement was for the benefit of the City and would be put in on that basis. Motion carried 3-2, Mr. Wallace and Mr. Harmening dissenting. - 8- C MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELP AT CITY HALL, TUESDAY,. SEPTEMBER 18, 1975. Ord~nance~ 1st Reading Proposed O~dinance - Re Clearing Vacant. Lots. (on the Table) Mr. Kohl requested keeping this item on the table until the neXt meeting. Proposed Ordinance No. 73-42 - Re Fire Breaks Mr. Simon read O~dinance 75-42 on first and final reading as an emergency ordinance -- An Emergency Ordinance of the City of Boynton Beach, Florida~ Amending Chapte~ !2 of the Codified Ordinances of Said City by Adding Section 12-36, Providing Additional Section for the Prevention of Penetration of Fire Walls and Fire Breaks, ere. Mr. DeLon9 moved for the adoption of 9rdinance No. 75~42.on first and final reading as an ememgency ordmnance. Mr. Ha~menEg seconded. There was no discussion. Motion carried 5-0. Proposed Ordinance No. 75-43 - Re Truck Routes Mr. Simon read Ordinance No. 75-45 on first reading -- An Ordinance of the City of Boynton Beach, Florida, Amending Chapter 29 of the Codified Ordinances of Said City by Adding Additional Sub-sections to Schedule 8 of Section 29-2 to Provide for the Prohibition of Certain Vehicles on Certain Streets, etc. Mr. DeLong moved for the adoption of Ordinance No. 75-45 on first reading. Mr. Roberts seconded. Under discussion, Mayor Jackson asked Chief Huddleston about the new federal signs, shaving a round circle with a picture of a truck and a red line across. He felt that the City should get the new signs since everyone would have to get them by 1975. Motion earried 5-0. Resolutions Proposed Resolution No. 73-ZZ - Re Interim Sewage Treatment Plant Mr. Simon read Resolution No. 75-ZZ -- A Resolution of the City Council of the City of Boynton Beach~ Florida, Approving an Agreement to be Entered into by Uses of Interim Treatment Plants for Sewage Pursuant to Guidelines as Established by the Florida Department of Pollution Control and Area Planning Board of Palm Beach County, etc. Mr. DeLong moved for the adoption of Resolution No. 75-ZZ, seconded by Fir. Roberts. Under discussion, Mr. Wallaee asked Mr. Simon if by adopting this resolution, the City was in any way jeopardizing any actions in which there was involvement in law cases. Mr. Simon said no. Motion carried 5-0. - 9- MII~dTES OP REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL: TUESDAY~ SEPTEMBER 18: 1973. Proposed R~solutionNo. 73-AAA - Adopting Job Classification Mr. Simon read Resolution No. 73-AAA -- A Resolution of the City of Boynton Beach, Florida, Amending the Rules and Regulations of Civil Service by Providing for Additional Classifications of Positions and the Duties and Responsibilities of Such Positions, etc. Mr. DeLong moved for the adoption of Resolution No. 73-AAA, adopting the job classification plan. Mr. Roberts seconded. U~der di~eus$ion~ Mr. Wallace asked if this was in association with the reorganization proposed in the City Manager's report under WAdmJn%istrative~ on the agenda. Mr. Kohl said yes. These two items a~e tied in with each other. Mr. Wallace wanted to point out that in acco~dancewith his previous disagl~eement with the former City Manager~ F~. Killgore~ if these organizational charts were laid side by side~ there was very little significant difference between the two: other than where the Cour~ Clerk is concerned and the divisions within the Sewer and Water Department. Motion ca,Tied ~-1, Mr. Wallace dissenting. Proposed Resolution No. 73-BBB - Amending Pay Plan Mr. Simon read Resolution No. 73-BBB, Amending the Pay Plan. There was some discussion about the effective date being either September 27th or October 1st. It was decided to be October 1st. Mr. Roberts asked Mr. Kohl for some background on the changes. Mr. Kohl noted that each department has a Clerk I, II, III, etc. and he and the Personnel Director felt that a Clerk I should be able to do the Clerk I work in any Department in the City with a little training, because basic qualifications are the same. There shouldn't be any differential between the grade of a clerk in any depaz~ment and all clerks should be listed I, II and III. Mr. DeLong explained that this was the same as when all the secretaries~ titles were changed to numbers. For the s~ke of discussion, Mr. DeLong moved for the adoption of Resolution No. 73-BBB. Mr. Roberts seconded. ~nder discussion: Mr. Ha~mening felt this change would work well in the futu30e when hiring new clerks but he questioned whether all the clerks in each category would be now receiving the same pay. There was some discussion~ during which Mr. DeLong explained that no one having this change in range will suffer any monetary loss. Anyone going from 17 into 16 will be going into a step that is equivalent to his or her present step. Mr. Sullivan concurred. After further discussion~ it was clarified that everyone within the newly created range 16 would be on the same basis within the minimum and maximum salary. Mr. Wallace asked if there was a job specification written for each - 10 - MINUTES OF REGULAR CItY COUNCIL }~ETING OF THE CITY OF BOYNTON BEACH, FIDRIDA~ HELD AT CITY HALL, TUESDAY, SEPTEMBER 18~ 1973. of these. Mr. Sullivan said yes. Mm. Wailaee asked about the training pertaining to each depar~-ment. MB. Sullivan explained that basic duties would be the same, but in a change of departments, it would be necessary to pick up different terminology and procedures so there would be a training period of at least two weeks. ~r. Kohl said that a clerk with the basic qumli~ications can step into any department and within a few weeks know just about what is going on and can do a good job. Mr. Wallace asked if there was any test of efficiency in these areas, oth~ than when they first come in. Mr. Kohl said there were promo- tional tests f~om Clerk i to Clerk II, etc. M~. Wallace said his philosophy was that certain people were capable of ~rking in certain areas because of either an in-built characteristic, a learned trait or whatever: and he would like to see a job classification w~itten for each one of the people within these specified departments. Then if a person wishes to transfer, hs may make a request, and if he meets those speeifieatiOns~ he may be t~ansferred. He felt there was a possibility that people might be arbitrarily t~ansferred and it would be detrimental to the City. Mr. DeLong asked Mr. Sullivan if the Personnel Department still had an efficiency rating set-up. Mr. Sullivan said that every year on a person's anniversary date, he is reviewed by the Department Mead who indicates whether he is satisfactoz~ or not. Mr. DeLong noted that in order for a transfer to be effected from one department to another, it has to be agreeable between both department heads. There would be an interview in addition to determine whether or not the person would be suitable for the new position and he felt that was about all that could be done. Mr. Sullivan concurred. Mr. Harmening said in his experience, most cities that have a Utilities Director do not have it in the classified service. He asked Mr. Sullivan what the general trend is. Mr. Sullivan said there is no general trend, it's just a matter of preference. Mr. Harmening asked if there was a majority and Mr. Sullivan said it was 50-50 -- whatever was best to suit the city. Mayor Jackson asked if it had something to do with the size of the City and Mr. Sullivan said yes: that was one thing. notzon to adopt Resolution 73-BBB carried 4,1~ Pit. Wallace opposed. Proposed Resolution - Abandonment~ Seaway Terrace (On the Table) Mr. Kohl requested that this item be left on the table. Resolution 73-CCC - Traffic Signals, Maintenance Agreement Mayor Jackson asked Mr. Simon to read the resolutions that were not on the agenda. - I1- MIARITES OF REGLLLAR CITY COdNCIL MEETING OF THE CITY OF BOYNTON BEACH, 'FLORIDA, HELD AT CITY HALL, TL~SDAY, SEPTEMBER 18, 1975. Mr. Simon read Resolution 75-CCC -- A Resolution of the City of Boynton Beach: Florida, Authorizing the Execution of the Traffic Signals Maintenance Agreement between the State of Florida Department of Transpo~ation and Said City, etc. Mr. Harmening moved for the adoption of Resolution 73-CCC on the traffic lights at U.S. 1 and N.E. 22nd Avenue, seconded by Mr. DeLong. Lkuder discussion, Mayor Jackson suggested wavinq a banner because this first came up Januazs; 5, 1971. There have been many ~equests for this light and the City is finally going to ~get it. Motion carried 5-0. Resolution 75-DDD - Railroad Grade C~gssing Mr. Simon read Resolution No. 73-DDD -- A Resolution of the City of Boynton Beach, Florida, regarding an agreement with the Department of Transportation and FEC Railroad for the installation of railroad 9~ade erossing~ etc. Mr. Harmening moved for the adoption of Resolution 75-DDD, seconded by Mr. DeLong. Under discussion, Mr. Roberts asked what por~-ion of the expense the City would assume. He referred to past agreements with the FEC Railroad where the City assumed 50~ of the maintenance costs. Mr. Wallace felt this should be looked into before the resolution is passed. Mayor Jackson asked Mr. Simon if he had any other information and he said no~ he had just received this tonight. Mr. Wallace moved to table this item. Mr. Ha~mening and Mr. DeLong withdrew their previous motion and second. M~. DeLong seconded the motion to table this item. Motion carried 5-0. There was some discussion regarding the preeediug ordinance as to what it eove~ed and where it came from. Mr. Kohl stated that he had just received the information today and he had given it to Mr. Simon. It is in connection with the N.E. 22nd Street traffic light and the railroad has to have coordination and synchronization of the lights. Mr. Harmening said that since this was the case with alt the other lights, this should also be passed. Mr. Wallace felt that the resolution should be revised so it mo~e clearly stated the only thing f~uvolved was synchronization of the lights between the crossing of 'the railroad and the traffic light being installed. Mr. DeLong expressed his concern about the possibility of a hidden fee. He wanted to know if this was going to be included in with the amount that is being paid for the instsllmtion of the lights. Mr. Wallace asked Mr. Kohl if this could be handled administratively ove~ the telephone and Mr. Kohl said yes~ he would see the DOT representatives the next day or the day after and would advise the attorney. Mr. Wallace moved to take this item off the table, seconded by Mr. DeLong. Motion carried 5-0. MINU~ES OF REG%LLAR CITY 'COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, MELD AT CITY HALL, TUESDAY, SEPTEMBER 18, 1975o Mr~ DeLong moved for the adoption of Resolution 7~-DDD, upon clarification by the City Manager as to the intent. seconded the motion. Motion carried 5-0. contingent Mr,, Harmening Other Clarification for Public - City Attorney Agreement (Mayor Jackson) M_rs. Padgett said that R. B. Vastiue and George Ampo!e asked to speak on this subjeot. P~ B. Vastine, 159 Leisureville Boulevard, said he was speaking as President of the United Boynton Civic League. He said as a result of Mr. Simon's appointment, he's had feedback from quite a few people and what he wished to speak about was strictly procedural. It appeared that a motion was very hurriedly passed and seconded without a Cull discussion or a ~ull reading of the resumes of all those involved in the application as presented at the last meeting. He asked that all the resumes and other pertinent data be read in full as the public is paying the budget with their taxes. Mayor Jackson said this is why she put this on the agenda. Mr. George ~mpole, a Director of the United Boynton Civic League, said he a~reed with everything Mr. Vastine said. Mayor Jackson read the resumes in the order in which they were received. The first was from Malcolm Anderson. The next was from Ernest Simon, which Mayor Jackson returned to after reading the resume from t~ third applicant, Mr. Joseph Genovese. Mayor Jackson said after receiving Mr. Simon's letter and after the last meeting, she wrote to Mr. Simon asking him exactly what his agreement is in being City Attorney, so it would be on record in the central file. She then read Mr. Simon's reply in which he stated that it was his understanding that the terms of his appointment are basicml]y the same as they have been since his original appointment in January, 1975 except for his compensation: followed by answers to the-specific questions in Mayor Jackson's letter regarding his agreement in being City Attorney. Ma. DeLong said he received a number of phone calls congratulating him for putting the cap on the salary of the City Attorney. He wished to clarify that this ~ started long before he came on the City Council end Mr. Roberts. ~and Mayor Jackson should be congratulated. Mr. DeLong stated he was mainly coneez~ed with the qualifications, the time that can be devoted to the City's business and the cost to the taxpayers, no matter who the City Attorney was and he requested that his eon~nents be made a matter of public record. OLD BUSINESS Rgport from the Transportation Study Committee, Frank Carrel, Chairman Mayor JackSon commended the Committee for an outstanding job done in MINU~ES OF REGLkLAR CITY CO~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 18, 1975. a very short period of time, regarding their work on the bus system. Mr. Prank Carrel, Chairman of the Transportation Advisory Committee for the City of Boynton Beach, stated that the Committee has had many meetings. He paid tribute to the other members of the Committee for their outstanding work -- Mrs. Sherman Orti~'.~ Dick L=nmbert, Andrew Wit~kop, James Roff~. John P. Cleary and Ralph Pearson as Secretary. He noted that Mr. Pearson has been studying the subject for several years and is very familiar with suggested routes: etc~ A conclusion was reached that this should be p~esented in two phases: Phase 1 and Phase 2. There was a meeting with M~. Pippin, Resident Manager of Palm Beach County Department of Transportation Authority~ however, he was not authorized to approve any routes other than that there could be feeder routes throughout the City and a north-south route in which the committee made some changes. Mr. Pippin thought the changes would be satisfactory. M~. Carrel felt that the north-south route should be submitted with the acceptable changes %vith the understanding that the Committee request a conference between an authoritative member of the Palm Beach County Transit Authority, representatives of the City Council and this Committee to work out Phase 2 on feeder routes to all the sections of Boynton Beach. He further referred to a newspaper article in the Palm Beach Post regarding Lake Worth's extensive routes, adding that Boynton Beach should also be entitled to this. He then gave the floor to Mr. Pearson who displayed the north-south route on a large map at the front of the room with the understanding that this is Phase 1 and the recommendation of a meeting to be held with someone in authority in the Transit Authority to discuss with the Advisory Committee what should be done on Phase 2. Mr. Pearson then explained the proposed north-south route in detail, with the use of the map and he answered questions from the audience. Mr. DeLong remiuded the audience that there will be feeder routes into the main route and the Council agreed with the Advisory Committee's .minor changes in the route that the Palm Beach County Transit Authority first presented. The thought this evening was that the Council would accept the recommendations of the Committee of making a presentation to the County for their approval and at the same time request someone be sent capable of making decisions to work on the second phase of this work. Mr. Roberts noted in any event there was going to be a north-south route from North Palm Beach to Boca: even without the City's contribu- tion of $9,000 per year or a $27,000 cost to the taxpayers over D years. It is a question of getting these ~outes accepted whereas on the original plans, it was a straight route on U. S. 1, It was the sug- gestion of the Transportation Committee to vary the route and benefit a little more and still retain this particula~route without any cost. In phase 2, the feeder lines will be taken so that east-west will tie in with these routes. M~. Carrel concurred. 14- MIBYdTES OF REGULA~ CItY COUNCIL MEETING OF THE CI%~ OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, T~ESDAY, SEPTEMBER t8~ 1975. On behalf of the Council, Mr. DeLong extended thanks to the Committee for the rapidity and efficiency with which they tackled their assign- ment. Mr. DeLong moved to accept the plans for the first phase of the trans- portation route through the City of Boynton Beach, fo~va~d them to the County Transportation for their approval with the request that they send a member of their authority down here who has the jurisdiction to make decisions to work with the Committee on the second phase of this particu]a~ project which would be the feeder lines. Mr. Ha~mening seconded. Under discussion, Mr. Wallace asked if there should be some specific document drawn up for the g~oup that met here, aside from any legalities that might face the Committee in the future, to t~y and pin down the Transportation Authority specifically to give the local group in Boynton Beach the authority, stating that they have the full backing of the City Council. This would avoid the Committee meeting the Transportation Authority and having to say they had to go back and meet with the Council for approval, He asked if the Committee could be given the authority to draw up such a document. Mr. DeLong noted that the request is to have a member of the Authority come down here and work. He said the Committee already has the second phase drawn up, waiting to get the okay from someone in authority to approve it. Mr. Wallace wanted to be sure that the person who comes down can sign an agreement with the City. Mr. DeLong said this is what ~he-'Committee insists upon. Mayor Jackson noted that it should be someone ~ho can tell how many buses, how much, the routes~ etc. Mr. Pearson left the details of Phase 1 with the City Manager to be sent to the Transit Authority for approval. Motion camried 5-0. Mayor Jackson noted that the Committee was not yet through. Consider Change Orders ,~1 and ~2 on Sanitary Sewer Extensions Mr. Kohl referred to a letter received from Russell & Axon, the con- sulting engineers and Change Orders ~1 and ~2 which the Council members had before them. Change O~der ~1 involves replacement of sidewalks, curbs and getters. The unit price of $1.25 per square foot seems to be a reasonable figure based on the fact that all work is of a patchwork nature. Change Order ~2 is necessary since Part C did n~ have a unit price for state excavation and backfill for 8~ pipe, 10~ - 12' cut and price of $7.50 pe~ lineal foot from Part A was used. Mr. Kohl recommended proceeding with Change Orders ~1 and ~2 since he received many calls on the lack of sidewalks for school children who many times must walk in the street. He asked that the Mayor sign the two Change Orders as submitted by Russell g Axon. Mr. Roberts asked if this pertained to the sewer extension whereby everything that is dug up has to be replaced. Mr. Kohl concurred, stating that there was one section which had to be dug up as it was impossible to go under. On Contract Change Order ~, some excavation was deleted. New stage excavation was also required costing $551. 05 which was very little difference. 15- MI~dTES OF REGULAR CITY COUNCIL F~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY~ SEPTEMBER 18, 1975. Mr. DeLong said there was a total of $9,281.05 for Change O~ders. He asked from what account the funds will come to pay the change.. ~,. orders. He said there was money derived from the Revenue ~~ issue and he believed that money was enough to pay for the~.'~ ~ He asked M~. Flynn how much there was in excess of what the i's-~%~ was and what the bid price was. Mr. Kohl said there was going to be a total adjusted contract p~iee to date of $1~252~560.55 in contract change o~ders. Mr. DeLong moved that the Change Orders be approved with the City Manage~ supplying: for Mr. DeLong's infoz~nation, at least, where the revenue is going to come from to defray the cost of these orders. Mr. Kohl said he would procure this info~mation. Mr. Roberts seconded the motion. There was no discussion. Motion carried 5-0. Mr. Wallace asked to be excused from the rest of the meeting as he wasn't feeling well. NEW BHSI~SS None ADMINISTRATIVE Consider Request o~ Con~nunityRelations Board Lease - Police Athletic Club Mr. Kohl read f-rom the minutes of a meeting held by the Community Relations Boa~d that Mr. Thompson made a motion that the City lease a piece of lend to the Police Athletic Club for the price of $1.00 per year, seoondedbyMr. Harris. Motion passed by unanimous vote which united the committee on this issue for the first time since the inception of the Boys Club idea several months ago. Bus Service for School Children Mr. Kohl then read that Mrs. Walker made a motion that the City Manager write to the School Boa~d to complain that the Boynton children are being bused home very late from Lake Worth High School, seconded by Mr. Thompson. Motion carried. Mr. DeLonq felt that the City Manager could h~ndle this administratively. Mayor Jackson said Mr. Wallace gave her the phone number of Mr. Brown, who is in charge of transportation for the school -- 685-0050. Mr. DeLong asked that the first request be turned over to the City Manager to be handled administratively to find out whether the City does have any l~ud available. Mr. DeLong noted that the minutes stated the City should go out and purchase land and then lease it to PAL for $1.00 per year. He asked that the City Menager impress the ~ 16 - MINUTES OF REGULAR CITY COU/~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTS~BER 18, 1975. Community Relations Board with the fact that the City is not privileged to purchase land and then turn it over to any non-profit making organization as this would open up a Pandora's box as requests would be coming in from everyone. Mayor Jackson interjected that Mr. Don ~enton cai]ed her and said although he was quoted as saying "purchass property" he did not even speak with reporters and he did not mean purchase property but asked if there was some property available in the City~ about an acre would be needed. He did not intend at all for the City to buy property. Mayor Jackson asked that it be ascertained what property would be available. Mr. Harmening suggested the possibility of a donation for a short interval. Mayor Jackson said they wanted to put up a building and there was some discussion about workir~3 out an agreement. The matter was turned over to Mr. Kohl to look into administratively. Mrs. Padgett said ~. John Stevens asked to speak on this, but he did not come forward. M~. Vastine said as Chairman of the Planning and Zoning Board, the Board would be delighted to help the City Manager with this problem. Mr. DeLong apologized for not bring~2ng the Planning and Zoning Board into it. He hadn't read up on the Charter provisions lately, outside of those which are going to become ordinances on October 1st. He stated that Board could not be touched in any other way than by referendum. Consider Request for Sewer Extensions - N.E. 7th Avenue Mayor Jackson referred to the correspondence from Mr. Stroshein and Mr. Klinck that was before Council. She said it wasn't necessary for Mr. Kohl to read the letters and asked if this was the sewer extension that was going to be put in on a front foot assessment. If it has to go deeper, the City would pay the difference and there would have to be a public hearing on it. Mr. Kohl concurred. Mr. DeLong said tP~s was the recommendation of the City Manager and he would like to know what the feelings of the City Engineer are. Mr. Kohl advised that this was the City Engineer's recommendation tOO, as well as the consulting eingineer end Jack Barrett. ~. Clark said that the City's only interest in this is any obligation it has in participation. It's going to benefit the property on 7th Avenue. The City has no interest in this property, but if the people want to extend it, they have a choise of doing it themselves at their own expense or coming to the City ~nd requesting that it be done by assessment. He was not sure of the ownership~ but it could be researched and if anybody was against it, their voices would be heard. MINU~ES OF REGULAR CITY COUNCIL MEETING OP THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 18, 1973. Mr. DeLong asked if the provisions were that if a certain percentage of the people who own the propez~ have to petition. M~. Clark said everybody who owns property that would be assessed because of benefit would be notified. Ordinance says if 50:~ make a request, the Council may have this work done by assessment. He felt that Mr. Simon could clarify the question. After sOme further discussion: Mr. DeLong moved to accept the recom- mendation of the City FL~nage~ for the request of a sewer extension on N.E. 7th Avenue, provided that all ordinance provisions a~e met, seconded by M~. Harmea%ing. Under discussion, Mayor Jackson asked if all the owners a~e notified before and Mr. Kohl said yes. Mr. DeLong noted that this was one Of the provisions of the ordinance. Motion ca~ried ~-0, Mr. Wallace being absent. Consider Request of Mrs. J~!ia Ba~n~ Mrs. Padgett explained that Mrs. Ba~wick was asking for a refund of one cemetery lot at 80~ of the purchase price, which is the normal agreement. Mr. Roberts moved to grant the request of Fn~s. Julia Barwick, seconded by Mr. DeLong. There was no discussion. Motion carTied 4-0, Mr. Wallace absent. Mrs. Padgett asked if the Council would consider a second light request that just came in today for a cemetery lot for a person who thought it would be needed before the next meeting. The secretary of the Board was called tonight and four members were reached who were in accord with g~anting transfer of ownership. The present owners of %he lot are Howard and Helen [M~us. They requestt~ansfer of lots 20 and 21~ Block K, Boynton Beach Municipal Cemetery~ to Clare Elizabeth Wolcott and Edg~n' Lawrence Wolcott. Mr. DeLong asked if the Cemetery Board approved this and Mrs. Padgett said yes: by telephone. Mr. DeLong moved that the request be 9~anted~ seconded by Mr. Harmening. Mr. DeLong asked for a notification of the results of the poll on the phone in w~iti~. Motion ca~£ied 4-0~ Mr. Wallace absent. Consider Application for Permit to Solicit - Heart Association Mayo~ Jackson said this was all in order. Mr. Roberts moved that the solicitation for the Heart Association be granted, seconded by Mr. Harmening. There was no discussion. Motion carried 4-0, Mr. Wallace absent. City Manager's Report - Reo~an~zation Mr. Kohl requested approval to have the City Attorney prepare appropriate - 18 - MINUTES OF REGULAR dITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD AT CITY HALL, TUESDAY, SEPTEMBER 18~ 1973~ 6rdinances for the regular meeting of october 2, 1973~ under HB 1020 for the following changes: 1. Proposed Ordinance - Re: Creating Engineering and Utilities depar~ment. City Engineer to be deSignated as adminisSrator of this department, Proposed Ordinance - Re: Creating Department of General Services to include: Sanitation, Sign Shop~ Shop and GaDage and Parks Divisions. Superintendent of General Services to be designated as head of this department~ assisted by Assistant General Services Superintendent. Proposed Ordinance - Re: Building Maintenanee Department under the direction Of the City Manager. 4. Proposed Ordinance - Re: Court Clerk under the direction of the City Manager. Mr. Kohl said if Council approves, he will proceed according to the organizational chart which Council members had before them, also requesting the City Attorney to take appropriate action abolishing those sections of the City Charter to the above positions. Mr. DeLong said before a motion was made, he felt the public should be enlightened as to what the City is attempting to do. He has done ~ui~? 5bi? of work on it, and stated that this Court ~ was Mr. ~onA's/as ne was concerned with the functions of the Court. Mr. DeLong was concerned %~th the unwielding Public Works Department. Mr. DeLong said he would like to read a brief statement and then give his theory as to the direction the City should move. He hoped Mr. Simon would not be offended by his recommendation as he wanted to be certain the City was going in the proper direction. Mr. DeLong said: ~he Florida Legislature, after many years has finally come to the rescue of the many burdened municipalities through- out the State who are sttfferinq from the ill effects of outdated and outmoded municipal charters by the enactment of legislation effective as of October !, 1973, House Bill No. 1020, titled, 'The Home Rules Power Act, Chapter 73-129~ Laws of F!orida.~ By the implementation of this legislation: the City Council is now invested with the authority to create a more economical and efficient type of government for the welfare and interest of our taxpayers that will be on a par with the most modern of cities.~' Then we go into~the specifics concerning this reorganization. He then. quoted from House Bill 1020, Chapter 166, Municipalities, Part 1 - General Provisions, Section 155.021, Municipali- ties of Powers, subsection 4. He stated the important part -- '~Any other limitation of power upon any municipality contained in any municipal charter and acted or adopted prior to July 1, 1973 is hereby - 19 - MINUTES OF REGULAR C~PY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, MELD AT CITY HALL, TUESDAY, SEPTEMBER 18, 1973. nullified and repealed." Mr. DeLong said everything outside of those mentioned will ~ be subjecte, d to treatments as an ord. inance. He then quoted further~rom subsection 5, 'tAll existing specmal acts pertaining to the power or jurisdiction of a particula~ munici- pality, except as otherwise provided in subsection 4 of this section shall become an ordinance of that municipality on the effective date of this act subject to the modi~ioation o~ repeal as other ordinances. With that in mind, and in order to approve the City Manager's request for depa~..ental r~organization as outlined in paragraphs 1, 2, 5 and 4 of the City. ~;~duager's Report, dated S.eptember 18, i975, Mr. DeLong moved (and d~stribUted copies of provisions presently in the Charter to the members Of Council, City Attorney~ City Manager and City Clerk) that effective October l, .1973 the City Council hereby repealS Section 65~ A~ticle 4, AdmS/ui~t~atzon "Super~intenclent of.Public Works and Utilities Duties. '~ The the C~ty Attorney is also the f. ol.!owing accordingly: Section 49, A~ticle ~, Administration. He said it was self-explanatory with the underlined portions to be deleted. Mrs. Padgett questioned the part about the Tax Collector. Mr. DeLong said he had that underlined for one reason -- the Tax Collector (Assessor) has already been taken out by a superseding law and gone up to the County. P~s. Padgett said as far as ad valorem taxes go according to the Charter pertaining to other functions such as utility taxes which the County does not collect, what happens here. Mr. DeLong said this can be taken care of by ordinance or let it remain. Firs. Padgett said it would emend other sections. There was some further discussion and Mr. DeLong stated that as long as they can be handled by ordinance, they would be easy to modify and if M~. Simon desires, he can leave that pa~cular prOVision in there -- tax collector~ but the assessor must go. If we're going to provide for a taX collector in other provisions, then it would be advisable to leave it in this provision. It was decided to leave it in. Mr. DeLong then re~erred to Municipal Courts, Article 3, to be included in the above motion -- Municipal Courts, Section 41, Clerk Duties and Section 66, Same - Duties of Clerk. He said to delete what was underlined in the material he handed out. The rest of the motion is to have the City Attorney prepare the necessary ordinances creating new departments as outlined in paragraphs i~ 2 and 3 of the Managerts report. Mr. Roberts seconded the motion. Under discussion, Mr. Ha~mening felt he could not vote for this. He was in favor of part of it, but since there was no way to separate the parts, he must vote against the whole. Mr. Roberts asked which section M~. Harmening was against and he answered that he was not in favor of the City Manager's recommendation about the Municipal Court Clerk. Mr. Kohl then gave his reasons fo~ the recommendatiorn He worked with the City Clerk in an effort to get caught up with the backlog. He - 20- MINUTES OF REGHLAR CItY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL~ TUESDAY, SEPTEMBE~ 18, I97D. requested additional personnel for this department at one time, which was approved but it didn't help the situation much. He then assigned a part t/me girl to this division to no avail. He continued to discuss the p~oblem ~-th the City Clerk but the division continued to function inefficiently and behind schedule with the wor~ He also discussed the problem with the Judge and Prosecutor. After reviewing the situa- tion, M~. Kohl placed the division under his jurisdiction. TWO of the ladies that were end are still now in the Court Clerk division are working very efficiently and cooperatively.and the department is running smoothly and currently nnd~ the direction o~ Sharon Randolph. ~PP. Kohl said that the depsmtment is also ~unning mo~e economically. Mr. DeLong asked if Sharon Randolph was sent to different municipal/ties for training in this field and Mr. Kohl answered yes. Mr. DeLong added that he felt it was t/me to get out of the "country store'~ era. He felt that many people wanted to live by antiquated and outdated set-ups in government and the City can't afford to stand still, it must progress. He said regardless of who was involved, his opinion wasn't changed one iota and he was concerned with production, benefits to the ta×paye~ and also the cost. Mr. Harmening said his opinion wasn't changed one iota either. Mr~ Padgett said she would like to make a statement in defense of the girls who did the Court work. She was not concerned with titles or wearing many hats end stated she was put in this position because she didn't have the proper help for four months and in the month of Dec,tuber the City was serving some l, 500 people -- everything had to be dropped to serve the public. She said she took a sworn oath to uphold the Charter and has endeavored to do so tbmoughout her 20 years of service. Mr. DeLong said he didn't condemn anyone for carrying out the law: but since there was a chance to change an antiquated charter, it should be done with dispatch. Mrs. Padgett continued that she was put in this position because of lack of help and she noted that the Court had always been held in high regard. Mrs. Padgett reviewed the personnel problems she encountered and asked to go on record as saying that the City had two o~ the best Codr~ Clerks that could be found on the East Coast, but that it was 5~-~possible to carry such a great workload and catch up' on four months work in three weeks. She appreciated M_v. Kohl's help but said she must defend hem gi~ls and would submit reports from the judges in the area to back this up. Mr. DeLong said his conscience is clear and he.is trying to do his best for the taXpayer. He said the workload of the City Clerk and the Public Works Department is being lessened with no reduction in salary. Mr. Roberts felt that he started this discussion by asking Mr. Harmening what his reason was for dissenting. Mayo~ Jackson stated that she firmly believes in living up to the Charter. 9~hen the last City - 21 - MINI~ES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, MELD AT CITY HALL, TUESDAYs SEPTEMBER 18, 1973. Manager wanted to change the organization, she said if itts good: let's put it to referendum. Now there was an oppoz~nity for change and as with Mr. Hopkins, who had more jobs than he could do, it was the same with Mrs. Padgett, who ~lorked overtime me,ny Saturdays. Now the work- load would be lightened for everybody without being hu~t financially. Mrs. Padgett said she did not mind the workload but wanted to defend her girls who did a good job. Mm. Roberts said it wasn't his intention to bring out a lot of criticism or hassle but the fact remains that there has be~u an attempt to correct the organization for some time. He felt that Mrs. Padgett was wOrking too hard and sho~ld be relieved of some responsibility. He had never known a City Before where the City Clerk was in charge of the Coumt. Mr. DeLong asked that the record reflect that the only objection he had, in spite of what anyone said regarding his thoughts on the Charter: was the separation of departments by Mm. Killgore being the manner and fashion in which he did it because it was a direct violation of the Charter and Mr. DeLong stated he was one of the principal proponents of tossing it out once he became elected. But still, knowing the situation and the type of bind the City was in, this was a welcome relief to know that the Council could do somethin9 about it legally and if it did not, he would consider himself as performing a disservice to the people of the City of Bopnton Beach. Mr. Roberts acknowledged Mr. DeLong's statement and said that his thoughts were to reduce the workload in this case. Mrs. Jackson agreed. Mr. DeLong moved for the question. Motion carried 3-1, Mr. Hammering opposed and Mr. Wallace absent. Obsolete Inventory. Mr. Kohl drew the Council's attention to the two sheets of obsolete inventory and one sheet listing bicycles which they had before them. Mayor Jackson asked about the listing of City Hall records under '~ater Plant~' and Mr. ](ohl said that was in error and should be deleted. He said this was a listing Council requested and he would like to dispose of these items. ~r. Roberts asked about the auction for the bicycles and Mr. Kohl said there would be one. Mayor Jackson noted that although bicycles are registered, it is not obligatory and she asked that a drive be put on for registering bicycles. If they were registered, the City probably wouldn't end up with 27 bicycles. Mr. DeLong moved that the City Manager take the necessary steps to dis- pose of the inventory~ seconded by Mr. Harmening. Motion carried 4-0~ Mr. Wallace absent. 22 - MINL~ES OF REGULAR CITY COU/~CIL MEETING OF THE CItY OF BOYNTON BEACH~ PLORIDA, HELD AT CItY HALL: T ~UESDAY, SEPTEMBER 18~ 1975. AppToval of Bills M~. Kohl read the foltowinq bills for approval: 1. Pierce Tire Co., Inc. $ 1,471.45 Various Departments and various times, covering services and merchandise. Lauderdale Contracting Co~p. Periodic Estimate ~5 Payable from 197t-Series 5.9 $1,000~000.00 Bond Fund. 94~245.57 Googe & Gorum Constr~ction, Inc. Total Bill - $18~000.00 - Pay now .............. 15~000.00 Deceleration Lanes: U.S. ~1 at 25Td Ave. U.S.~1 at 5th Ave. Pay from 2500-520 Approved City Council 6/5/75 -- 5-0 Withholding $5,000 per City Manage~ - job is incomplete Mr. Kohl noted he was withholding the $5, 000 due to the incomplete work at Sterling Village and Hampshire Gardens. Fi~. DeLong added that the sod should be replaced at Hampshire Gardens. Brooks Products of Pla. Pay from 6150-598 Concrete boxes for Wate~Meters Their M1402 for $1~498.40 Their M1447 for 215.00 !, 714.25 Total $1:71~.25 5. McLaren Construction Co., Inc. RequisitionS! for Dob Pound Constr~ction Pay from Capital Improvement-Fed. Rev. Sharing 6. Russell & Axon - Inv. ~4 8/15/75 - Job 6858~5i-8i-I DOT ~6415 Pay from 6500-298 Set up as A/C Rec. DOT 6, 310~ 08 1,291.45 e w Russell & Axon - Inv. ~4 1,529.10 7/51/75 - Job 6858-t-II&CP Pay ~rom Escrow Funds advanced by Drexel P~operties. Russell & Axon - Inv. ~5 6~545.42 7/51/75 - Job ~6858-8m-III&CP Sanitary Sewer Extension Pay from 1971 Series 5.9 $1~000~000.00 Bond Punds. MINL~ES OF REGULAR C~I'Y COUNCIL MEETING OF THE CItY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HAIL: T~ESDAY, SEPTEMBE~ 18, 1975. Russell & Axon -Ing. ~1 $ i, 195.70 7/51/75 - Job ~858-9-CP PL92-500 Grant Application and Supporting Studies Pay from 6500-298 Set up as A/C Rec. Fed. Grants 9L-92-500 10. Romano Construction & Development Co. 6,096.42 For Wilson Centex as approved by Council Footer dug and poured, stem-wall laid and slab pOured. Mr. Kohl referred to some additional information pertaining to several of the bills which Council had before them~ adding that the bills have been approved and verified by the department heads involved, checked and approved for payment by the Finance Director and that funds are available in their respective budgets. Mr. Kohl recommended payment. M~. DeLong moved to pay the bills as recommended by the City Man~ge~, seconded by Mr. Harmening. There was no discussion~ Motion carried 4-0, Mr. Wallace absent. OTHER None ADJOURNMENT Mr. Harmenin9 moved to adjourn the meeting, seconded by Mr. DeLong, Motion ea~ried. Meeting adjourned at 10:55 P.M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: David l{obe~ts, CoJcilman Cler~ ~dwa~d F. Halvaening, Couneilman For~est L. Wallace, Councilman - 24 -