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Minutes 01-02-79MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA~ THESDAY~ JANUARY 2, 1979 AT 7:30 P. M. PRESENT Emily M. Jackson, Mayor Edward F. Harmening, Vice Mayor Richard D. Caldwell, Councilman Joseph DeMarco~ Councilman David Roberts, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Jackson wished everyone a Happy New Year and called the meeting to order at 7:30 P. M. She aseertained Rev. Father Kenneth ~nittakerwwas not present and requested Mr. Kohl to give the Invocation with the Pledqe of Allegiance to the Flag led by Vice Mayor Edward P. Harmening. She requested everyone ~o please rise. AGENDA APPROVAL Mr. Kohl requested the addition of two bills received today, one from Freeman, Riehardson, Watson, S!ade, MmCarthy g Kelly, bond counsels in regards to the bond validation in the amount of $5,293.45 and one from Carpenter, May & Bremer, professional servimes in regard to account reeords regarding the 1978 bond issue in the amount of $2,750.00. Mr. DeMareo moved to add these to the agenda, seconded by Mr. Caldwel!. Motion earried 5~0. Mr. Moore added that overtime is ineluded on the Carpenter, May & Bremer bill whieb he would like to discuss at the end of the agenda. Mr. Caldwell moved to aecept the additions to the agenda, seeonded by Mr. DeMarco. Motion carried 5-0. ANNOUNCEMENTS Mayor Jackson announced that anyone wishing to file for homestead exemptions may do so at City Hall in the Council Chambers during the rest of this week From 9:00 A.M. until 4:00 P.M. Mayor Jackson announeed that Medicare Assistance Volunteers will be here every Tuesday from 10 to 12 o~elock to give any assistance to Medieare. MINUTES Regular City Council Meeting - December 19, 1978 Mr. Caldwell moved to accept the minutes of the December 19, 1978 Regular Council Meeting, seconded by Mr. Roberts. Motion married 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1978 Special City Council Meeting - December 20, 1978 Mr. Roberts moved to adopt the minutes of the Special Council Meeting of December 207 197S, seconded by Mr. Caldwell. Motion carried 5-0. PUBLIC KUDIENCE Mayor Jackson announced if anyone w~shed to speak on any item on the agenda to please come forward and give their name to the City Clerk. She then requested anyone in the audience wishing to speak on any other subject to please come forward. Mr. Willie Miller, 311 N.E. llth Avenue~ referred to about three weeks ago when he asked the City Manager or City Council to get in touch %rith the County Commissioners in regards to a sidewalk on N.E. 10th Avenue. For years and years, the City Council and County Commissioners have put the monkey on each other's back, He has lived there for 40 years and people are almost run over. The City Manager said he was going to get with the County Commis- sioners to find out about widening that.road and installing side- walks. He noticed in the Palm Beach Post that the County Commis- sioners have plenty of money for projects, but nothing is included for 10th Avenue. Mayor Jackson replied that she also read this article and Mr. Kohl did send a lettem to the County Co~missioners. Mr. Kohl advised that Commissioner Peggy Evatt responded to his letter that as far as they are concerned, 10th Avenue is going to be turned over to the City and we can do with it what we will. This probably will be consummated within the next couple months. Mr. Caldwe!l added that the new City Manager should check into it while the County is handing over the responsibility of 10th Avenue~ they should also hand over any monies earmarked for ±t with the burden. Money has been earmarked for the last several years. Mr. Miller asked if any was eammarked fmom the City of Boynton Beach for 10th Avenue and Mayor Ja~<son replied affirma- tively, $50,000 every year and we have been waiting for matching funds from the County. Mr. Miller continued that there is always some delay when it comes to 10th Avenue. This is the main street with homes and businesses and children and people almost get run over. Mayom Jackson re- ferred to the present Council going out of office and suggested that this matter be pointed out to the new Council members for this to be one of the priorities. Mr. Miller replied that he respected this answer, but does not accept it. He has spoken to this Council for years and years and nothing has been done. Mr. Moore clarified that this is becoming a City street and a motion could be made to go ahead with the improvements and pro- teed on a special assessment basis like we do on other streets in the City. Mr. Caldwell moved that the City upon the turning over of 10th Avenue to Boynton Beach go ahead and make the street improvements necessary on 10th Avenue on a special assessment basis, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. -2- MINUTES - REGULAR CITY C©UNCIL MEETING JANUARY 2, 1979 BOYNTON BEACH, FLORIDA BIDS Two (2) Front End Loaders Mm. Kohl referred to these being two front end loaders garbage packers and advised that a tabulation sheet eovering quotations for front end loaders and a copy of the memo from Preddi~ Patrick regarding the City's dire need for the purchase of two front end loaders have been submitted. The General Services Superviso~ recommend emergency purchase of this equipment. It was stated at the budget hearings if we had money with the unappropriated surplus, we would go ahead and order garbage packers. At the last meeting, authorization was given to go out for bid and these gentlemen eame in with quotes from oompanies with packers on hand. It usually takes one year to 18 months to get a garbage pa~er. This Couneil must make the decision. They have picked the quotation from MTA Equipment Corporation for a Dempster Dump- master, Model DD-80-31HD, mounted on a Mack MR6855 £or the total amount of $65~ 940.00 for each truck and they would like to have two of them. Mr. Caldwal!~ referred to the model being available immediately and Mr. Kohl replied affirmatively. Mr. Caldwe!! referred to knowing the situation and made a motion to award the bid for the two front end loaders to MTA Equipment Corporation for two front end loaders in the amount of 485,940.00 each with the purchase to be made on an emergency basis, seconded by Mr. Harmening. Under discussion, Mr. Kohl added that the bids were approved by Freddie Patrick, Willie Moody, Jr.~ Clinton Edwards and Bob Feltz. Mr. Roberts questioned the lower bid sub- mitred and Mr. Kohl requested Mr. Patriok or Mr. Feltz to respond. It was asoertained neither was present and Mr. Sullivan came for- ward. He told about having problems with the Coby Chassis and International products and advised that the E-Z Pack does not meet specifications. The only one coming up to par is the Dempster Dumpmaster mounted on the Mack. Mr. Harmening questioned the gross weight of the front ax~ and Mr. Sullivan replied that he did not have this information with him. Mayor Jackson stated it was too bad this is an emergency as it could be tabled until the two superintendents from General Servioes are present. Mr~ Roberts stated if it ms meeting specifieations and £its the ohassis, he is not against it. Mr. Caldwelt stated that we have four front end loaders now: one is about shot, one is down about every other day, one is in good condition and one is in fair condition. Two trucks just will not do it for a City as large as this. It is a matter of keeping City services. A gentleman in the audience requested all the bids to be read and M~. Kohl read them as follows: -3- MINUTES - REGLILAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA Advanced Fabrikators - Rowland Truck Eqt. Southland Eqt. Co. Southland Eqt. Co. - MTA Equipment Corp. Motion carried 5-0. SITE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading - JANUARY 2, 1979 Proposed Ordinance No. No. 1 1979 Mack Cab L Chassis, MR6855, with Cobey Model FT31 - ~65~153.93 - 1978 Heil on International Chassis, Model COF1950B - $56~850.00 - 1978 Model MB6855 Mack Truck with E-~ Pack, Model FL60B35 - $64~136.85 1978 Model CTS00 Ford with E-Z Pack Model FL60B35 - 556,000.00 - Dempster Dumpmaster Model DI~80-31HD mounted on Mack MR6855 - ~65, 340.00° Public Hearing 78-64 - Re: Approving Plat of Summit Plat Mr. Moore read proposed Ordinance No. 78-64 by caption on second reading. Mayor Jackson asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone wished to speak in opposition to this ordinance and received no response. Mr. Roberts moved the adoption of Ordinance No. 78-64 on second and final reading~ seconded by Mr. Harmeninq. No discussion. Mrs. Pad~-ett took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts - Aye Councilman Caldwell - Aye Motion carried 5-0. Proposed Ordinance No. 78-65 - Re: Amending Ordinance No. 78-~4 to Provide for an Amended Estimate of Revenue and Expenses for the Fiscal Year Beginning October 1, 1978, and Ending September $0, 1979 Mr. Moore read proposed Ordinance No. 78-65 by caption on second reading. Mayor Jackson asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone wished to speak mn 9pposition to this ordinance and received no response. MINIITES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 2, 1979 Mr. DeMareo moved the adoption of Ordinance No. 78-65 on second and final reading~ seconded by Mr. Caldwetl. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Counei!man DeMaroo - Aye Motion carried 5-0. OLD BUSINESS Resignation of City Attorney Gene Moore Mr. Moore requested his resignation to be accepted formally. Mr. Harmening moved to aocept the resignation of the present City Attorney, Mr. Gene Moore, seconded by Mr. DeMarco.. No discussion. Motion carried 4-1 with Mr. Caldwell dissenting. Consider Gene Moore to Represent the City vs. Ex-Employee Mr. Moore referred to Mr. Kriba~ suit against the City and told how it was dismissed and then appealed. This is coming up for a hearing on Thursday morning and he doesn't seek to continue the ease~ but possibly the newly appointed City Attorney won't have the time to take over the ease. Also, there is the possibility if Mr. Kribs is appointed Finance Director, the suit may be dropped. Mayor Jackson clarified that if the need arises~ Mr. Moore would be willing to take it on. Mr. Harmening referred to the procedure and stated it would be very difficult to change the attorney of record at this date and Mr. Moore agreed. Mr. Harmening added that it would be difficult for a man not aware of the facts in question to be prepared. Mr. Caldwell asked if this could be included in the transition period and Mr. Moore replied negatively as this is a specific item. Me does not seek the case, but if the newly appointed City Attorney cannot take it on~ he will continue. There is also the possibility the newly appointed City Council may say not to defend the ease. Mr. Robe~s moved to have Mr. Moore represent the City, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Reconsider the Hank Thompson Request to Correct Error in Zoning Map Mavor Jackson announced that she requested this item to be put on the agenda for reconsideration. A~ter the vote in November~ something kept knawing athher memory. She then remembered the case of the parking lot for the Medical Arts Center (Astler~s building) ac~oss from the hospital. That was where part of the -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 property was zoned R-1AA, but because a majority was zoned for a parking lot~ the R-1AA was legally considered the same zoning. This was decided in court. This is why she feels we did an unjus- tice in voting against this, as the piece of land in question is to be used for parking for the hundreds of employees to De hired. If this is not done by reconsideration, they would have to wait !8 months. She has submitted background information. It is shown the I+ acres was zoned in 1971 in accordance with the rest of the property. Mr. Moore added that thBs may have been erroneously considered in the first place. He thinks there is ample evidence showing this was one parcel of acreage. Somehow the line was put in separating the residential property to the east from this man's parcel which segregated one acre. The Council can authorize inclusion of this with the main parcel. Mayor Jackson then read the definition from the code regardlng a lot of record. She clarified that the whole 17 acres was zoned C-1 at one time. When the zoning was changed, the 1.8 acres was changed to R-1AA ±nadvertent!y. Mr. DeMarco moved to reconsider, seconded by Mr. Caldwell. Under discussion, Mr. Roberts added that after reading the backup mater- ial, there is no question. Motion carried 5-0. Mr. Roberts referred to this going back to 1971 and stated there was an error made, but he questions why it has not been corrected before this time and Mayor Jackson replied that she understood the people who owned it did not realize it had been rezoned. Mr. Moore added that they checked when the public hearings were held and were given assurance this parcel would be held intact. Mr. Ca!dwell read an excerpt from the Planning & Zoning Board minutes when the public hearing was held on January 28, 1975, and the discussion regarding this and clarified that evidently the map was not corrected even though it was promised. He added that these minutes were not made available at the time this matter was originally considered. If they had been~ it would have shed a different light. From 1975 to 1978~ it was rezoned to residential unbeknownst to the owners. He thinks perhaps the highest and best use is C-3 and should be awarded. Mr. Moore clarified that an error was made in the draftin~ of the 1975 map and the parcel should have remained intact. Mr. Moore suggested a motion that there be a legislative deter- mination that thi~paree! should have been included in the entire parcel and the map as it stands is incorrect and should be cor- rected accordingly. Mr. Caldwell moved as per Mr. Moore's verbiage~ seconded byMMr. DeMarco. No discussion. Motion car- ried 5-0. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 21 1979 Discuss Writing Off Outstanding Checks Mayor Jackson mead the memo from the Finance Department requesting Council's appro~fL to w~ite off outstanding checks payable per the submitted list. The total amount to be written off is $t~505.14 of which ~628.75 applies to General Fund and $876.39 applies to S~er L Water Depositors' Fund. Mr. Kohl added that these checks are from 1969 thrul1976 and he would like these cheeks written off. Mayor Jackson added that these are checks which have never been cashed. ]~m. Harmening so moved, seconded by Mr. Coldwell. No discussion. Motion carried 5-0. Budget Transfer Requests 1. Police Vice Unit 2. Workmen's Compensation 3. E!eotrieat Work/City Hall Mr. Kohl read the budget transfer requests for $3,250 to be trans- ferred from Contingencies to Other Contractual Services to provide money for the formation of a Police Vice Unit to cover rental oars~ the amounts to cover experience modification on workmen's compensation; and $2,514.60 transferred from Contingencies to Building Repairs to provide funds for eleotmiaal work to City Hall approved by the City Council on December 19~ 1978. Mr. DeMaroo moved that the necessary action be taken and approve the budget transfers, seconded by Mr. Coldwell. No discussion. Motion carried Approval of Bills Mr. Kohl read the following bills for approval: 1. Wallace, McHarg, Roberts L Todd 3,150.00 Services rendered on Comprehensive Plan Pay from Encumbered Funds 001-000~247-83-00 Contract dated 9/26/77 2. Underground Supply Company, Inc. 1,001.41 Fire hydrants Pay from budgeted funds 401-333-533-60-5A 3. Tom's Welding Service 4,240.00 Elevated catwalk at Water Treatment Plant Pay from Utility General Fund 401-000-169-01-00 Council approved 11/22/78 4. Allied Universal Corporation 1~430.28 Chlorine £or Water Treatment Plant Pay from budgeted funds 401-332-533-30-63 MIi~/TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2~ 1979 A.E.C.O.A. 6,380.00 Sealed off We/t~12 Pay from Water L Sewer Revenue Fund 401-331-533-40-3B C~uneil approved 12/6/78 6. Carpenter, May & Bremer 2,000.00 Audit required on EDA Grant k04-51-26779 Pay from Public Works Grant Fund 7. A.E.C.O.A. Est. ~5 46,058.00 Raw water wells 15 L 16 Pay from Utility General Fund 401-000-169-01-00 Contract dated 4/!0/78 Isiah Andrews 99.00 Driver £or Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-!5, passed 5/15/73 Willie Ruth MeG~ady 86.40 Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing~ Fund 320-871-570-02-5A Ordinance ~73-t5, passed 5/15/73 10. Auto World of Delray Beach 4~426.00 Utility Pickup for Sewage Pumping Dept. Pay from budgeted funds 401-352-535-60-8~ Council approved 12/6/78 1t. Freeman, Richardson, Watson, Slade, MeCarthy g Kelly Professional serviees on sewer revenue bonds 5~293.45 12. Carpenter, May g Bremer Professional services for 1978 bond issue 2~750.00 Mr. Kohl stated the bills deseribed have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; funds are available in their respective budgets. He therefore reeommends payment of these bills. Mr. Moore informed the Council that ineluded in the invoice from Carpenter~ May g Bremer was a major p~rtion for overtime and he suggests this be sent to Mr. Shepard for payment. Mr. Caldwell moved to pay all the bills except the la, one from Carpenter, May g Bremer and that this one be negotiated with Mr. Shepard, seconded by Mr. Roberts. No discussion. Motion car- tied 5-0. Mr. Moore announced that the closing of the bond sale was con- summated late this afternoon. He recommends someone get with them the first thing in the mornmng with regard to investing the funds. All the information was given to the Finance Dept. -8- MINUTES - REGULAR CITY COUNCIL MEETING JANUARY 2, 1979 BOYNTON BEACH, FLOP~IDA PRESENTATIONS: ACKNOW-bEDGEM~NT & APPRECIATION OF SERVICE TO MAYOR~ VICE MAYOR & COUNCILMEN Mr. Kohl announced that every year the outgoing Council and Council still existing always receive a plaque or award from the City of Boynton Beaeh. It is his honor to presen~ these and before doing this, he would like to say a few words. Mr. Kohl stated: T'I appreciate this Council for backing this City Manager~ Frank Kohl~ all t~o~qh the frustrations and all through the newspaper articles that have come out. I'm not going to blame anybody. I just pray for those people and they better pray ~or themselves. I want to thank you, Council; you've been tremendous and as I said before, you are one of the best Councils I have ever served with and at this time~ Mayor Emily Jackson would you oome forward and receive your plaque and all of you stand here.~ You shouldn?t make any smart re- marks out there in the audience either, but try to be respect- ful and courteous to this Council that has served you for many years.~ I will call everyone and then I would like you people to show your appreeiation to these people regardless how you might feel. As I stated once before~ people tried to do things to me but I don~t have any ill feeling.T' He then presented plaques tot~he Mayor and Counci!men~and City Attorney. Farewell Remarks Mr. Caldwetl stated: :'I have given a lot of thought and consider- ation to what my farewell remarks should be and they are as follows: Farewell. I think in the last two years, I have had a rather unique opportunity that I wish each and every one of you sometime in your lives would have. To sit up here is 90% hard time consuming work and 10% glory. The glory is when you walk from that door and sit up here~ that short period of time however long it takes, is all the glory there is in this particular job. But~ if I were asked if I would trade it or do anything different~ I would merely reply: No nor would I trade my experience nor do anything differently tha~ I have done since I have been on the Council. Many times ! was the long ranger up here~ but I man honestly say 99% of the time I was darn proud of the decisions that i made. I feel as an insurance man my emotions are in the line of peaks and valleys - the higher the sale~ the higher the emotion; the lower the sales, the lower the emotions. Because of my sensitivity to this emotional business, I feel the last two years I have seen the emotions of the people of Boynton peak. ! think they were never at their highest than they were this past March when first the sports complex was brought to the foreground. I have never seen so many people in this town so excited and posi- tive about a project that the City had ever thought of undertak- ing. Unfortunately, time and I sincerely feel misinformation killed what could have been a big plus to the City of Boynton. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 But, that is the proverbial water over the dam at this point in time. I see that Boynton today~ January 2, 1979, is at a cross- roads in its history. We can either be susceptible to the two year swing of the pendulum in this town and fall backwards or we eau continue t~e progress the City has made the last year, year and a half. Progress sueh as the DeBarto!o people starting to get e~ted about Boynton once again to develop here~ alarge bus- inesses looking at Boynton to locate their firms here to provide jobs to the people here, a Holiday Tnn Motel for the people and the friends of the people who live here. As I say, we eau either move forward or fall back. It's in eharge of the incoming Counci~ members to piek up the ball and either run baekwards or run forward and it is my sincerest hope and desire that they will eontinue on a forward path and not let the pendulum of progmess in Boynton swing once again to the rear. It's about time Boynton makes some positive eonsistent progress. It has been started and I just hope the ineom/ng Council will continue with the progress that has been made during the past two years, I thank the citizens of Boynton for the opportunity to serve you. I will remember it always and cherish it always. Thank you." Mr. DeMarco stated: ~ want to thank all the Board members, City Manager, City Attorney and all the Council. It was a pleasure to work during the past two years with them. All the people who cooperated: Chief of Poliee, Fire Chief, and all the people in the town who have all contributed. I sincerely hope that ali of you people will get behind this new Council and back it for a better Boynton Beach. This is what we are working for. Maybe we made some mistakes, but they will probably make some mistakes too. Get behind them and see if you can give them a hand to help. Remember we are all one for Boynton Beach. Thank you.'~ Mayor Jackson stated: ~At this time, I would like to thank the voters of Boynton Beach for electing me to serve four terms on the City Council. The first two terms were from 1970 thmough 1973, and the last two terms were from 1975 through 1978 -- a total of eight years. Two of the elections gave me the high vote whieh made me Mayor in 1973 and ~gain in 1978. '~These years on the Council have been very rewarding and ehallenging. My experiences in these years have taught me a great deat~ especially patience and persistence. I also learned that much time must be spent in researehing each sub~ect before voting. ~ut the most important thing I have learned is that most of the people of Boynton Beach have warmth, loyalty, sineerity, and ~riend!iness. For I have been rewarded by maQy~ many friendships~ ~Here are a few of the many outstanding things~that~haveeheen aeeomp!ished during my time on the Council - eight years out of the last nine years: MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA JANUARY 9, 1979 An Ordinance was passed limiting height on structures to 45 feet. A density limit for zoruing was passed. New Capital improvements done during these years were: a new library, a new police station, a General Services Building~ a building for the Planning, Building and Engineering Departments, a new building for the water department. A Planned Industrial Development ordinance was passed. New and old parks have been developed, improved and equipped -- including tennis courts, ball fields, hand ball courrs~ boat ramps and picnic areas. Our Fire Department is now equipped and trained for emergency medical service and is now operating and saving lives. The Community Appearance Ordinance was passed, resulting in a continual beautification of the City. The City is almost entirely sewered, and we are well on our way to joining a regional sewer plant with our neighboring City~ Delray Beach~ due to the friendly cooperation of the two cities. 'TThese are but a few of the many improvements that have been accomplished since I first went on the Council in 1970. ~ do not mean to infer that I alone was responsible for any of these things, for no one person can ever take sole credit for any projects, as they ame always joint e~rts. What I am saying is that Boynton Beach is no longer just growing. It is---developing with PLANNED Progress. 'Ns I look back to when I first went on the Council in 1970, I realize that one half the present population of Boyn~on Beach did not even live in the City at that time. For the 1970 census put us at just over 16,000 inhabitants as compared to the approxi- mately 35,000 people now living here. "I would like to express special thanks to ALL the many loyal employees of the City. They 'all do a good job. I appre- ciate their dedication and cooperation. "Tereesa Padgett~ as City Clerk, has been a definite help to me, as she has been to al! the people with whom she comes in contact. For Tereesa is the one who~ either knows the answers~ or at least knows where to look to find the answers~ for she is the keeper of the records. Her even disposition and ready smile, together with her knowledge, is something Boynton Beach residents appreclat% as I do. Thank you Tereesa. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JA~R1ARY 2, 1979 ~'The offiee workers in the City C!erk~s office have been a tremendous help to me. I thank them all. T~The secretaries -- Peggy Boulle, Sharon Randolph and Dot Bjork have been an ever present aid to me. Thank you girls. ~To the City Attorneys that I served with -- thank you for your help and advice. To Gene Moore~ Iwwould like to say a very special ~Thank You,~ for Gene and I have long since settled any differences we had at one time, and are no~ friends. T~TO the Couneil members I have had the pleasure of working with this yea~, I would like to express my appreciation for the good working relationship and cooperation, even when disagreeigg and voting on different sides. This year has been outstanding with lack of bickering. ! feel the respect we have for each other has lent dignity to the City. I thank you. I hope the feeling is mutual. If I can ever be of any assistance to any of you, I will be ready~ willing and able. "I have worked with three City Managers. The City Manager who has done the most for the City in this eapacity~ in my opin- ion, and the opinion of an overwhelming number of citizens, is our just resigned Frank Kohl. I had the utmost faith in him and always knew he would be completely exonerated of any wrong doing. I knew he was incapable of being dishonest. This is why he is so well-liked. My faith was proven to be correctly placed. ~The City is going to suffer without his ability, efforts~ enthusiasm, loyalty and his outstanding desire to help Boynton Beach. I doubt that any new City Manager can ever match Frank Kohl. How many of you agree with me? Thank you Frank Kohl for your untiring contributions to Boynton Beach. "To all of the friends I have mentioned, I say, ~Thank You for your loyalty and friendship. 'rMost of all I say to ALL THE PEOPLE OF BOYNTON BEACH~ 'Thank You for letting me serve you. You have been wonderful to me. May God Bless you all." Mr. DeMarco moved to adjourn and recess, seconded by Mr, Caldwell. Motion carried 5-0 and the meeting was recessed at 8:25 P. M. Mayor Harmening called the meeting back to order at 8:50 P. M. -12- MINUTES - REGULAR CITYCQOUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 ADMINISTRATION OF OATHS OF OFFICE TO: Councilman Ron Johnson Councilman Norman F. Strnad Vioe Mayor Betty Risooe Mayor Edward F. Harmening Mrs. Padgett administered the oaths of office to the three new members of the City Council and then to the Mayor and Vice Mayor. Mayor Harmening referred to the public hearing being scheduled at 8:30 P. M. and asked if the members of the Council would like to momentarily waive the agenda and appoint the City Manager and City Attorney and go into the Public Hearing and save our remarks. Mrs. kiseoe so moved, seoonded by Mr. Johnson. Motion ear~ied 5-0. NEW BUSINESS Appointments of City Offioials Interim City Manager Mayor Harmening requested nominations. Mrs. Riscoe nominated Mrs. Annette Tinker for the temporary office of Acting Interim City Manager, seconded by Mr. Johnson. Under discussion, Mr. Roberts asked what the duties ~ the Interim City Manager would ineluded- that of hiring and firing or taking care of the admini- strative affairs of the City? Mayor Harmening called upon the maker o~ the motion or seconder for comments. Mr. Strnad replied that he believes if we are going to have an Acting City Manager, she must pemform all the duties that a City Manager is required to perform including everything. Mr. Roberts stated that this seems to be a pretty broad bit of authority handed our to a secretary upon the performance of a rather demanding job. It seems the Council would be better qualified to handle that part 8f it. There has been a great deal of discussion about this particular job and Mrs. Tinker has been assured she would have it according to the newspapers. In this particular ease, he asks the decisions regarding hiring and firing be waived and the Council should take care of that. Mr. Johnson replied that he feels Mrs. Tinker has the qualifications and will use proper judgment and the Council can remove her at any time for cause. She should be given the same authority given any City Manager. Mayor Harmening added that he feels in many respects that Mrs. Tinker is capable, but other people employed with the City might bermore qualified, especially on a short term basis. However, the will of the majority will prevail. He then called for a vote on the motion and the motion carried 5-0 to appoint Mrs. Annette Tinker Acting Interim City Manager. -13- MINUTES - REGULAR C~TTY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 City Attorney Mr. Johnson moved to appoint the firm of James W. Vance and Peter R. Tanzy of 1201B Belvedere Road, West Palm Beach for $25,000 per year including all special meetings, regular meet- ings and ordinanees~ seconded by Mrs. Risooe. Under discussion, Mm. Roberts clarified that he believes Mr. Vance is aware of the conditions that he will supply the secretary, law library foraall litigation and of course, any out of pocket expenses~ he would not be expected to pay for. Motion carried 5-0. Mayor Harmening invited Mrs. Tinker and Mr. Vance to joing the Council. Mayor Harmening announced that at the request of the Vice Mayor, the Rev. Father Kenneth Whittaker who was scheduled to give the invocation was unavoidably delayed and a closing invocation will be given by Rev. Father Kenneth Whittaker. PUBLIC HEARING - 8:30 P. M. Request for Variance of Subdivision Ordinance Parcel: Location: Request: Use: Applicant: Portion of Section 5, Township 46 South, Range 43 East Fronting Congress Avenue on the West~ the South Technical Vocational Center on the East, the Lake Worth Drainage District L-28 Canal on the North and the Bowman Traqspor- ration Co. on the South Issuance of Building Permit Prior to Final Subdivision Approval Construction of Cosmetology Lab (Roberts Research Lab) Paul Mo Plunkett, Trustee, Represented by Robert B. Reed, Attorney at Law Mr. Robert B. Reed, Attorney representing Paul M. P!unkeet, came before the Council. He advised that he submitted a letter to the City Engineer, Mr. Tom Clark, dated November 22~ 1978~ spelling out the general nature of the requested variance. As stated in his letter, his client, Mr. PlunkerS, owns as trustee approximately 50 acres of land on Congress Avenue just west of the South Teoh Vocational Center. He previously sold two 10 acre parcels and has approximately 30 acres of land remaining. S.W. 30th Avenue is a paved road that basically cuts the parcel in half. He referred to Mr. Plunkett having engineers preparing the applica- tion and construction plans to go before the Planning g Zoning Board and City Council for subdivision plat approval of the entire property, but explained that any further conveyance of any portion of the remaining 30 acres would be a fourth subdivision and possi- bly revoke the requirements of the City Subdivision O~dinance. MINUTES - RBGULAR CITY COUNCIL MEETING BOYNTON BEACH: FLORIDA JANUARY 2, 1979 At the present time, they have a contract to sell assmall portion, approximately 1~ acres~ to a cosmetology research laboratory that would like to locate on this 1~ acre paree! just west of the South Tech Center. The requested varianee is to permit his e!ient to permit this conveyance pmior to obtaining subdivision approva!~ which can take some months to complete. On November 8, 1978, this possibility was ~uggested and discussed between himself, City Engineer, City Planner and Mr. Plunkett~s Engineer. It was felt there is some question whether the Subdivision Ordinance require- ments were brought into play. It was felt the prudent eourse to follow would be to request a variance to close on this eonveyance of this 1~ acre parcel on the condition of filing a subdivision plat and obtaining approval. The Teehnieal Review Board met on December 6, 1978, and made the recommendation that the variance be granted subject to the following conditions: !. Preliminary plans for sewer layout should be submitted for the proposed subdivision. A performance bond ~or the cost of permanent sewers and the City lift station, necessary for eonnecting the subject 1~ acre parcel to the City system, must be posted prior to getting a building permit. They have filed the preliminary plans as required and are pre- pared to post a performance bond for the cost of the permanent sewers and lift station. A!so~ his letter outlines the reasons he feels the variance would be in order. He would be lappy to answer any questions. Fi~, Johnson stated he was under the impression any requests for variance had to go before the Board of Adjustment and Mr. Vance replied that it appears to be the pmoeedure for a specie! excep- tion or variance, application m~st be made to the Board of Adjust- ment rather than to the City Council. It would appear no presen- tation has been made to the Board of Adjustment. Mrs. Padgett clarified that this was a request for a variance to the Subdivi- sion Ordinance and Mayor Harmening referred to Article 16, See- tionI,~ Appendix B. Mr. Reed clarified that this is a different kind of variance. A gentleman in the audienee referred to this being a cosmetology lab and asked if this was another name for a che~a%eal plant and Mr. Reed replied negatively and stated that as he understands this will be a lab making eosmetics~ There are chemicals in- volved, but no smokestaeks or ~umes. The only report he has on the material discharged is in connection with water effluent discharged by this particular plant and it is very minimal. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 2, 1979 Mrs. Riscoe referred to one of the local tabloids mentioning adoption of the Florida Cosmetology Law and questioned whether this involved us in any way,and Mr. Reed replied that he had no idea. Mr. Roberts clarified that there was no request actually for the building to commence and Mr. Reed agreed the request is for the purchaser of the property to be able to go ahead and under cer- tain conditions pull a building permit per the recommendations from the Technical Review Board. The certificate of occupancy could not be issued until the conditions are complied with. Mr. Roberts continued that if the plans show any undesirable smoke stacks or ~umes, they won't be approved as the building code prohibits this. Mr. Reed agreed that the plans will be subject to review, the same as any others. Mm. Vance referred to Article 16 of the Building Code and read that i~ provides a variance mn this particular type of situation be granted bythe Board i~elf based on review and recommendation by the Technical Review Board. The Board can impose conditions in connection with the granting of such a variance. Two recom- mended conditions have been presented by the City Engineer in his memo of December 11~ 1978. However~ he has not had the opportunity to review this matter or read the code~ but there is a procedure in the code which would permit this particular variance upon the conditions recommended. Mr. Johnson referred to the law mentioned by Mrs. Riscoe and Mr. Vance explained how there was an attempt to reduce expenditures and various agencies were being reviewed and this probably ap- plied to the Cosmetology Board. Mr. Roberts moved to grant this particular request subjectto the conditions and recommendations and restrictions of the Technical Review Board~ seconded by Mrs. Riscoe. Mayor Harmening asked if anyone in the audience wished to speak in favor of this variance and received no response. He asked if anyone in the audience wished to speak in opposition to this variance and received no response. No discussion. As requested~ Mrs. Padgett took a roll call vote on t~e ~otion as follows: Vice Mayor kiscoe - Yes Counoi!man Strnad - Aye Councilman Roberts - Aye Councilman Johnson - Aye Mayor Harmehing - Aye Motion carried 5-0. Mr. Roberts moved to revert to the regular order of business, seconded by Mrs. Riscoe. Motion carried 5-0. -16- MINUTES - REGULAR CItY COUNCIL MEETING BOYNTON BEAC~ FLORIDA JANUARY 2, 1979 NEW BUSINESS (Continued) Remarks by Mayor Edward P. Harmening Hayom Harmening stated: 'TI would like to congratulate the new members. I look forward to working with them and getting to know them. I would also like to congratulate the three departing members, I believe they have all left, for their unselfish devo- tion. I~m sorry, i didn't mean to slight you, Rich, and we have another one back theme. Anyway~ I want to congratulate all three of youfor your unselfish devotion to duty and the fine job you did in the last two years. There are so many new faces here tonight and I hope most of you will continue to attend, so we can have a broader input into our decision making process When- ever possible. So many times, we see people at this time of year and they never come back the second time. We invite you all to come back and be our guest and find out what goes on in your City. If you have any questions, ask them. I~m sure some- one up here will be glad to try to answer your questions. I'm looking forward to a continued era of cooperation and courtesy and I hope we can all put aside any petty differences, personal- ities, any vindictiveness, and concentrate on doing the best job possible for the City and all its people. I would like to thank all the people who had enough confz~ence in me and in my abilities to elect me to this job and it is with great humility that I ac- cept the position as Mayor. I thank you.'~ Remarks by Vice Mayor Betty Riscoe Mrs. Riscoe stated: T'I am goghg~to try to make my remarks as brief as possible. Unlike Mr. Harmeninq, ~Dst of the fac~s that I am looking at in the audience are very familiar and I am very flattered to see them all here in attendance. Then again like Mr. Harmening says: I only pray that we see more of you, that you are here to support us in all the actions that we will have to undertake during our administration. I also would like to see a unit of harmony here and p~ogessiveness in the City. I think that there are several plans on the boards right now that we can continue with and strive to make this the good c~nity we Eve all decided to reside in. Don?t forget though, we have a lot of proposed development out west. I think our main concern at this particular time is to strive, one of our biqgest~ biggest aims is to strive to make sure we can service this developed area that we have planned. This to me will be the A-1 priority on our list, that we can service this big abun- dance of land that we have now taken upon ourselves to develop. Maybe this is not in accordance to everything, but I wouldn't go through and try to name people, but there are two or three special people in the audience tonight that I would like to give a lot of reoognition to. During the previous campaign of 2~ to S months, I have had several people who have suffered very dearly. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 Namely is my youngest son, David, who happened to have to give up the G!obetmotters tonight to be here to see Mom installed. So~ he had to sacrifice quite a bit. At this particular time, I would like my youngest son~ David, who is 9 years odd to stand please. My other son, Mike~ who joined the campaign with us is no longer here. He has gone onto bigger and better pastures. He~s residing in Kansas with his sister, Mary. So: I am fortunate enough to have our eldest son, Donald, at home. He is 93 years of age~ he has been in the FArine Corps. for five years. He is now home on leave enroute to North Carolina to where he will be stationed at Camp Lejeune. Donatd~ will you please stand. And last, but by no means leas~, the little guy of the family, my most ardent supporter, my campaign manager, my sweetheart~ most of alt my best friend, my dear husband, Bob. Thank you very ¢~ch. tT Remarks by Mayor Edward F. Harmening (Continued) Mayor Harmening stated: "If I could digress for one moment~ I think I overlooked one very important.part and I~m sure I~ll hear a lot about it. I would like to take this ppportunity to introduce my wife~ Donna, of 25 years~ Donna will you stand up. And~ my two daughters, they are bashful, so I will ask them to stand up together, Patrieia and Mary. I really do apotogize~ girls~ for the oversight.~ Remarks by Councilman Ron Johnson Mr. Johnson stated: ~t will be a pleasure to serve the City of Boynton for two years. I would like to thank the people for their vote of confidence in me. I will do my best to serve you well. One thing, we were talking about harmony and working together on the City Couneil~ think if we keep one thing in eSee Minutes m/nd in ail our decisions and that is the betterment of the City 1/16/79 of Boynton Beach in all the decisions we make. We will have less problems and more cooperation. We do have a lot of pro- blems to solve: the ~olice Department undermanned, pmoblems with vehicles, lack of recreational facilities; all these things we have to get down to the nitty-gritty and get to work on. I don~t meally think we have the time to be bickering over polices or worrying about being re-elected again. We have a lot of work to get done. Thank you very much.t* Remarks by Councilman David Roberts Mr. Roberts stated: ~?I started to make a few remarks a little while ago~ but possibly I had to pass through because I am not a vindictive person. I can't help but look back to what the previous Council accomplished this past year with civility and dignity despite our share of disagreements and still maintained one of the lowest tax mi!lages in the County. We can't deny the help given by former City Manager~ Mr. Kohl, whose rapport and -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANIIARY 2: 1979 contacts with various governmental figures gave us a little extra by the way of grants. Our three new Council members have pmomised to serve in the best interest of the people and I have already offered them my assistance if they want it. Well: there have been ~umors and actions tainted with vindictiveness and based on what has passed, appointments have already been made or an- nounced and I hope these people that we just talked about who have been appointed will not perpetuate the philosophy I have just mentioned. It could sabotage the normal operation of the City, er~ate a poor image and scare off any new businesses com- ing into the City. We still have some serious problems relating to the regional sewage treatment plant and the comprehensive Land use plan. We should also strive to be pro~a~essive and still try to maintain our low 6 mill ta$ rate. Therefore, I sincerely hope we can work together toward that end and divert our energies for the good of Boynton and not for its degradation. I wonder if that's too mueh to hope for. Thank you." Remarks by Councilman Norman F. Strnad Mr. Straad stated: '~ certainly will not make the ermor of not introducing my wife because I am going to do it first. Will you please stand, Lorraine. 35 years and I still love her dearly. And~ my mother~ who has been drinking lime treated water for 82 years. Mrs. Strnad, please stand up. I am very pleased to have once more been elected to serve on our City Council. I want to again thank all of the people who came out and voted to show in which direction they wanted the City Council to move. We were not elected because we were Betty, Ron and Norm, but beeause we ran as a team to change the way in whieh this City had been administrated this past year. We ran as a team. We won our election as a team. I am certain the people who voted us in office expeet us to operate as a team insofar as the betterment of this City goes. As long as I am a member of this City Council, there will be no more secret deals with the taxpayers~ money and no more intimidations of any City employee who wishes to voice his or her opinion coneerninc anything pertaining to this City. This is their City just as much as it is ours. We have a big job ahead of u~ and I am al~ ready to begin. Thank you." Adopt Rules of Order and Designate Parliamentarian Mr. Roberts suggested diseussing this in order for the Council to operate efficiently. He added that also judgment should be used in not tying up the Public Audience period and if anyone wishes to speak after the allotted time, they can do so at the end of the meeting. The City Attorney is usually appointed the Parliamentarian. Mayor Harmening added that customarily Roberts Rules of Order are adopted and the City Attorney is appointed the Parliamentarian. Mr. Strnad so moved, seconded by Mr. Roberts. Mayor Harmening clarified that it has been moved and seconded to adopt Roberts Rules of Order and appoint the City Attorney, Mr. James Vance, as Parliamentarian. Motion carried 5-0. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~DA JANUARY 2, 1979 LEGAL Ordinances - !st Reading Proposed Ordinanne No. 79-1 - Re: Repealing Ordinance No. 78-33~ Providing for Severanee Pay, Sick Pay, and Vacation Pay Eom City Manager in Event of Discharge Mr. Vance referred to the ordinance being drafted by his pre- deaessor and advised that it appears to be in proper form. He asked if it would be adequate to read by caption and Mayor Harmening replied affirmatively. Mr. Vance then read proposed Ordinance No, 79-1 by caption on first reading. Mr. Johnson asked if it only referred to the discharge of the City Manager and Mr. Roberts replied that the entire Ordinance No. 78-35 is repealed. Mr. Roberts moved the adoption of 0rdinanoe No. 79-1 on first reading~ seconded by Mrs. Riseoe. No discussion. Mrs. Padgett took a roll mall vote on the motion as follows: Councilman Johnson Aye Counmi!man Roberts Aye Councilman Strnad Aye Vice Mayor Riseoe Aye Mayor Harmening Aye Motion carried 5-0. Mr. Vance stated he would review this ordinance and the ordinance it proposes to repeal prior to the next meeting. Resolutions Proposed Resolution No. 79-A - Re: Designating Authorized Individ- uals to Prepare, Sign and Countersign Checks, Vouchers and With- drawal Slips Drawn on City Depositories for 1979 Mr. Vance read proposed Resolution No. 79-1 by caption. He referred to there being a blank left in the resolution for the Imterim City Manager's name and Mayor Harmening informed him the name of Annette Tinker should be inserted. Mr. Strnad moved the adoption of Resolution No. 79-A, seconded by Mr. Roberts. Under disoussion~ Mayor Harmening referred to having no objections to this City Manager or any City Manager signing cheeks, but if Annette Tinker is to be a relatively short term Interim City Manager pending the selection and appointment of ~ permanent City Manager, there would be a lot of duplication of effort since the City has many aeeounts and signatures are needed numerous times. He then asked if Mrs. Tinker cared to -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANI/ARY 2, 1979 comment and Mrs. T~nker replied that there really isn't that much involved and no one knows how long the temporary deal will last. She does feel her name should be in there being that the Mayor and Vice Mayor are employed and it is not known how often they will be available. Mrs. Padgett then took a roll call vote on the motion as follows: Counoi!man Strnad - Aye Vice Mayor Riscoe - Aye Councilman Roberts - Aye Councilman Johnson - Aye Mayor Harmening - Aye Motion carried 5-0. Proposed Resolution No. 79- Re: To Create the Position of Municipal Finance Director as an Unclassified Position Mr. Strnad announced that he had a substitute resolution in place of the proposed resolution submitted in the agenda books. Mr. Roberts asked who drafted the replacement resolution and Mr. Strnad replied that he did. Mr. Roberts moved to place this on the table until the new resolution could be examined. Mr. Vance stated that he doe~not have a copy of the personnel plan of the City. Normally the position of all department heads is unclassified. Department heads are not protected by the Civil Service system. The approach in the first draft represents the normal approach to department heads. However, he does not know the present status of the code. He does not want to delay needed activit~es~ but he understands there is a special meeting scheduled for Thursday and he would be appreciative to review the personnel code before giving a recommendation. Mr. Roberts agreed and stated this was more reason to put it on the table, so it can be reviewed. Mr. Johnson stated according to the Civil Service Rules, the City Manager should be hirin~ the Finance Director and nott~he City Council. Mr. Roberts clarified that the resolution creates the position and does not hire the individual. Mayor Harmening added that at present, we do not have the position. Mayor HarmeD/rig announced that a motion is on the floor to table this until the next meeting. Mr. Roberts suggested that the motion be seconded since this resolution was proposed by a Coun- cil member and has not been properly reviewed. -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOtLiDA JANUARY 2, 1979 Mr. Strnad stated that he thinks it is imperative to get a City Finance Director as soon as possible to get down here and see what is going on as far as the finances of the City. If this resolution is not aeeording to how Mr. Roberts would like it, it man always be changed but we will still have a Finance Director on board. Mayor Narmening replied that the City Attorney should review it and it would not hold things up any appreciable length of time. The City has operated for a considerable period of time without a Finance Director. He then passed the gavel to Mrs. P/seoe and seconded the motion. Mr. Johnson questioned the major problem with the first resolu- tion and Mr. Vance replied that if the OoUhhil* desires to take action, he would prefer to go with the simpler resolution and if neeessary, it ean be expanded. He can review the matter by Thursday. Mm. Roberts added that it is only the question of a few days for review. *See Mayor Marmening clarified that the motion is to table this until the next meeting. As requested, Mrs. Padgett took a ro!l call vote on the motion as follows: Councilman Roberts - Aye Councilman Johnson - Aye Councilman Strnad - No Vice Mayor Ri seoe - No Mayor Harmening - Aye Motion carried 3-2. Mayor Harmening announeed this would be on the table until the next meeting and can be taken up at a special meeting in the interim. Mr. Roberts asked if the job description should be attached to the resolution and Mr. Vance replied that in the form in which the resolution is drafted, the job description must be attached as it outlines the duties. ADMINISTRATIVE Consider Request for Temporary Use of Trailers as Sales Offiee and Construction Off-ice, Mariner Village Mayor Harmeninq referred to a copy of the letter received from Robert E. Hamilton, President, Mariner Village of Boynton Beach, Ine., being submitted requesting permission to park two trailers on the property of Mariner Village, N. E. 12th Avenue and U. S. ~1. One trailer is to be used as a sales office and the other for a eonstruetion office. This request is in accordance with Chapter 30, Section 30-3 of the City of Boynton Beach Code of Ordinances. Also submitted was a copy of the zoning map showing the location of Mariner Village. A large blueprint of the pro- posed plan for this development indicating the exact location of the two temporary office trailers has been available in Mr. Kohl fs office for review. minutes of 1/16/79 -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 Mr. Roberts moved to grant this request for the temporary use of trailers for a sales office and construction o~fice for Mariner Village, seconded by Mrs. P~seoe. No discussion. Motion married Consider Advertising for Applications to Pill City Manager's Position - Vice Mayor Riscoe Mrs. R~scoe stated she was appalled at the £aet two weeks ago the Mayor was not given permission to do this. She propose~ at this particular time that we advertise immediately in the local City Manager journals o~ whatever. She moves to instruct the Interim Acting City Manager to place an ~dvertisement and adver- tise for a permanent City Manager. Mr. Roberts re~erred to in- eluding a pay rate and Mrs. Riscoe agreed and specified that it will be ~25~000 to $307000 per year range and must be stipulated with no less than five years experience as Acting or Assistant City Manager. Also~ the applications should be returned to the Interim Acting City Manager, Annette Tinker. Mr. Roberts referred to i~ being customary for the City Clerk to receive these appli- cations and Mrs. Riseoe replied that she has no idea. Mr. Roberts suggested that the applications go to the City Clerk as most app!ieations have in the past. He added that Mrs. Tinker will have a lot of work to do without getting tangled up with a lot of applications. Mayor Harmening asked what the Counei!'s plea- sure was regarding who the applications should be forwarded to and Mr. Roberts replied that it should be handled expeditiously and the City Clerk has handled these types of applications in the past. Mr. Strnad referred to it not being a big deal and sug- gested that a chan~e could be made. Mrs. Tinker stated that she has previously accepted and advertised for a City Manager and she is able to do it quite adequately. Mr. Strnad then seconded the motion and the motion carried 5-0. Propose a Special Meeting of January 4, 1979, to Make Appointments to all Pertinent Boards - Vice May~r Riseoe Mrs. Riseoe referred to receiving a lot of individual resumes on a daily basis and she understands there are still more to come. She requests the City Council to have a Special Meeting on Thurs- day, January 4~ at 7:00 P. M. to go into the Boards in their entirety and possibly accomplish all the appointments. Mr. Johnson requested Resolution No. 79-2 to be on the agenda for the special meeting also. The members expressed agreement and Mayor Harmening announced that he will call a Special Meeting on January 4 at 7:00 P. M. with two items on the agenda to make appointments to Boards and discuss the creation of the job of Finance Director. He requested Mrs. Padgett to please prepare the notice. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 Discuss Appointment of Finance Director - Councilman Strnad Mr. Strnad stated he did not know how ~ Finance Director could be appointed when we don~t have the position to fill. Mayor Harmening stated that it is not customarily the City Council who appoints the Finance Director, but it is usually the prerogative of the City Manager. Mr. Johnson added that accomding to the Cic~il Service Rules, the City Manager is supposed to hire the Finance Director. Mr. Vance read Section 49-A of the City Charter per- taining to this. He added that it appears according to this, the office must be established by ordinance and the compensation es- tablished by resolution. However, he would like an opportunity to review this. Mr. Roberts moved to table this, seconded by Mrs. Riseoe. Motion carried 5-0. Mrs. Tinker asked if this was to be included on the January 4 agenda and Mayor Hammening replied affimmative!y thatthe creation and appointment-of a Finance Director will be included. OTHER Receipt of Petition from Property Owners - S.E. 1st Avenue and City Planner's Study Pertaining to Same Mr. Annunziato informed the Council that the City received a peti- t-ion about two months ago from property owners on S.E. tst Avenue which resulted from the new tax assessments. He was requested to perform a study and given an opinion. He has found the uses are primarily public ownership and multi-family. His recommendation is to let this come up under ~ub!ie hearings before the Looal Planning Agency. Mr. Roberts moved to accept the recommendation of the City Planner on this particular item and turn this over to the Local Planning Agency, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Request for Legal Opinion Re: City Manager's Severance Pay Mr. Strnad announced that he would like at this time to have our new City Attorney give this Council his opinion on the ordinance which was drafted to give Mr. Kohl $14,000, whioh he just received last Friday. In his assumption, there was a violation of the ordi- nance. Mr. Johnson seconded this request as a motion. Under dis- cussion, Mr. Roberts stated he did not understand what Mr. Strnad has in mind. The ordinance has been rescinded and he thinks any- thing relating to it is moot. The action taken in regard to the City Manager had nothing to do whatsoever with the ordinance. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOI~IDA JANUARY 2, 1979 Mr. Roberts clarified that a motion was made by a member of the City Council that he wanted to give the City Manager three months severance pay for having served without any othem benefits for si~ years. It was taken under consideration and a motion'was passed to give the severance pay and it had nothing to do with the ordinance. He thinks those points should be taken under consider- ation. M~s. P~iscoe referred to the amount given the City-Manager and questioned why this was done since classified Civil Service employees are only entitled to carry sick and vacation pay for two years. She feels the public and City officials should know how these figures were derived. Mayo~ Harmening replied that he is sure we can ask the City Manager to check with the Finance Department and obtaina breakdown. Mr. Johnson added that act- ually until second reading~ the ordinance is not rescinded com- pletely. Mr. Roberts referred to the City Manager being able to obtain this information and stated this is not the place to dis- cuss this. This can be done administratively. Mayor Harmening added that he sees no reason why the facts and figures wonTt bear the light of day and close scrutiny and this is piling more work on the new City Attorney. Mr. Johnson referred to the ordinance amended in the charter not specifying anything regarding the amount of money and clarified that the main question is whetheD Mr. Kohl was given too much money. Mm. Vance referred to not having looked at the ordinance and suggested the most practical approach would be to request the appropriate City official to present a breakdown of the amounts paid for the Council's evalu- ation and he will be available fo~ additional infommation. Mayor Harmening asked if Mr. Strnad wanted the City Manager to check the figures and Mr. Strnad replied that for his own infor- mation: he wanted to know if according to the ordinance which was drafted to pay Prank Kohl~was he legally entitled to accept it under the written conditions? Motion carried 4-1 with Roberts dissenting. Mr. Vance requested that the appropriate City official furnish a bmeakdown of the payments made to the former City Manage~ so he will have something to evaluate. Mr. Roberts referred to a lot of wierd things coming up and clarified the request to the City Attorney was to rule on the legality of the ordinance. The ordinance should just be reviewed to see if it was legal. He said the ordinance had nothing to do with giving the man his severance pay and this should be taken under consideration. Mrs. Riscoe questioned why it was necessary to have an ordi- nance. Mayor Harmening stated that when the City Attorney has a chance to review the background, he can rende~ his opinion. Mr. Vance stated he would need a little more time than Thursday on this and Mayor Harmeninq rDp!ied that he should take all the time he needs. Mr. Strnad added that not longem than 10 days. -25- MINUTES - REG~LAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1979 Public Audience Mr. Dubin, 250 N.E. 26th Avenue, came before the Council and stated he just talked to Mr. Dick Vastine, who is very sick and asked to be remembered. He refermed to all the bouquets being thrownaround and stated an ex-Mayor is present and nobody mentioned him. The coumtesy should be given to acknowledge his presence. Mayor Harmening announced that the Chair has no objec- tion to former Mayor Joe DeLong taking a bow. .Mr. Dubin then referred to people talking to improvements on 10th Avenue and questioned why the Cit%~ couldn't do something for these people and Mayor Harmening replied that the City has tried on several occasions. Mr. Dubin referred to the man being cut off previously because he was a different color and Mr. Roberts deelared him out of order. Mayor Harmening stated he was not 'sitting in the Mayor's chair at that time and he has not cut off ~nyone. Mr. Dubin continued that he used to attend all the meetings and he cannot see whypeople who ask for some- thing and pay taxes and say it is a question of life and death are not considered. They have asked for a sidewalk for 50 years and something should be done about it. Mr. Samuel Wright: 318 N.E. 10th Avenue, came before the Council and referred to strides being taken to assure the efficient management of our City. The ordinances and resolutions voted on favorably will contribute to the City we are looking for it to be. He is not saying accomplishments have no~ been made by the former Councilmen and woman, but we have a new day now. Sigo/ficant chan~es can be made in our City. He has confidence in our newly elected officials. He worked hard to see them get here and will work hard to see things get done in our City. He is~here to work with all of them. There are some things which need to be done. The staff is going to be as good as its administration. He then asked who is the City's Equal Oppor- tunity Officer and Mayor Harmening replied that he thinks the City Manager in the past has been functioning in that aregard and the Personnel Director. Mr. Wright continued that there are problems with the Personnel Director serving as the Equal Oppor- tunity Officer. Discrimination must be eliminated in regards to employment. A look must be taken at the employees in all depart- ments. He does not feel the standards should be lowered, butwe need more minorities in the po!ice~ fire, administration and professional departments. The City must recruit and give these applicants a fair chance. Closing Invocation Rev. Father Kenneth Whittaker, Church of the Little Flower~ Hollywood, Florida, then gave the closing invocation. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACh, FLORIDA JANUARY 2~ 1979 ADJOURNMENT Mr. Rob~rts made a motion to adjourn, seconded by Mr. Johnson. Motion eamried 5-0 and the meeting was pmoperly adjourned at 10:00 P. M. CITY OF BOYNTON BEACH, FLORIDA - ~/ - Cou56i!man Councilman ATTEST: Reeordi n~ Seeretary (Three Tapes) -27-