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Minutes 01-03-77MINUTES OF REGULAR CITY COUNCIL ~ETING OF TR~E CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, MONDAY, JANUARY 3, 1977 PRESENT Joe DeLong, Mayor Joseph F. Eack, Vice Mayor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoman Norman F. Strnad, Councilman Frank Ko~hl, City Manager Tereesa Padgett, City Clerk Robert E. Reed, City Attorney Mayor DeLong welcomed everyone and called the meeting to order at 9:30 P. M. He requested everyone to arise at the sound of the gaEei ior the Invoaatio~ given hyRev. L. WEdward Wollenweber, Congregational Church, and to remain standing for the Pledge of Allegiance to .the Flag led by Vice Mayor Joseph F. Zack. .~nnouncements Mayor DeLong announced that the next Regular City Council Meet- ing would be held on Tuesday, January 18, 1977. Mayor DeLong announced that a Public Forum of the Palm Beach County Legislative Delegation would be held at the Boynton Beach City Hall on Thursday, January 27, 1977 from 7 P. M. to 9 P. M. Regular City Council Meeting - December 2t~ t976 As per usual policy, Mayor DeLong started on his right for comments. ~. Zack passed. ~.~. Harmening referred to Page 11 and stated he believed it was sort of a redundancy five lines down in the second paragraph and it should read ~'appealed decision, only. Mrs. Jackson referred to Page 10, bottom of page, and stated that it should have ended at "condemned". She then referred to Page ~7 and corrected it to:"Otto Deissi~'. Mr. Strnad and M~yor DeLong both had nothing. Mr. Harmening moved to adopt the Minutes of the Regular City Council Meeting of December 21, 1976, as corrected. Mr. Zack seconded the motion. No discussion. Motion carried 5-0. PUBLIC AUDIENCE .Mayor DeLong announced if there was anyone in the audience who wished tosspeak on any item on the agenda te please come forward and give their name to Mrs. Padgett, the City Clerk, and when that becomes the item of business, the City Clerk will call upon them. I~yor DeLong then asked if anyone in the audience wished to address the Council and received no reply. BIDS NONE MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 197 ~? PUBLIC HEARLNG NONE LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 76-54 - Re: Amending Sec. 106 of Chapter 1 & Sec. 17-42.1 of Chapter 17 to Create a Uni£orm Maximum Penalty Which May Be Imposed for Any Misdemeanor Violation of All City Ordinances, In Preparation of and In Conjunction With the Constitutional Abolishment of Florida Municipal Courts Mr. Reed read proposed Ordinance No. 76-54 by caption. Mayor DeLongasked if anyone present wished to speak in favor of proposed Ordinance No. 76-54 and received no response. He then asked iF anyone present wished to speak in opposition and received no response. N-r. Harmening moved tha adoption of 0rdina~ce No. 76-54 on second and final readmi~g, seconded by Mrs. Jackson. No dis- cussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoma~ Jackson - Aye Councilman Strnad Aye Vice Mayor Zack - Aye Mayor D~Lon~ Aye Motion carried 5~0. Proposed Ordinance No. 76-55 - Re: Amending Sec. 24-I0(h) of Chapter 24 (Being the Boynton Beach Sign Ordinance) toEstab- lish Basis Upon Which Commercial Advertising Matter May Be DlstrlbuteG Within the City ~. Reed read proposed Ordinance No. 76-55 on second reading by caption. Mayor DeLong asked if anyone present ~ished to speak in favor of this proposed Ordinance No. 76-55 and received no response. He then asked if anyone present wished to speak in opposition and received no response. M~. Zack moved the adoption of proposed Ordinance No. 76-55, seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye V±ce Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. -2- ~NUTES - REGULAR CITY COb.-NCIL MEETING JANUARY 3, 1975 BOYNTON BEACH, FLORIDA Proposed Ordinance No. 76-57 - Re: Amending Section 5(G)(1) of Appendix A, Zoning Regulations, To Alter Permissive Uses Within the R-3 Multi-Family Dwelling District by Deleting Certain Previously Permitted Uses and by Allowing Other Such Uses 0nl~ On Conditional Basis Mn~. Reed read proposed Ordinance No. 76-57 by caption. Mayor DeLong asked if anyone_present wished to speak in favor of proposed Ordinance No. 76 57 and received no response. He then asked if anyone present wished to speak in opposition to proposed Ordinance No. 76-57 and received no response. I~. Harmening moved the adoption of Ordinance No. 7~57 on second and final reading, seconded by Mrs. Jackson. No dis- cussion. Mrs. Padgett took a roll call vote as follows: Councilma~ Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-58 - Re: Amending Section 6(D)(1)(u) and Adding Section 6(D)(2)(d) of Appendix A, Zoning Regulations, to Prohibit Warehouses mud Storage Buildings Within the C-4 General Commercial District, Excent When Utilized As Accessory to a Permissive or Conditional Us~ S~eci£ied in Sec. 6(D)(1) ~,~. Reed read proposed Ordinance No. 76-58 on second reading by caption. M~yor DeLong asked if anyone present wished to spe~k in favor of proposed Ordinance No. 76-58 and received no response. He then asked if anyone present wished to speak in opposition to proposed Ordinance No. 76-58 and received no response. ~. Zack moved the adoption of proposed Ordinance No. 76-58 on second and final reading, seconded by Mr. Harmening. No dis- cussion, Mrs. Padgett took a roll call vote as follows: Councilman Harmening - 25~e Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye M~yor DeLong - Aye Motion carried 5-0. -3- MINU~$ - P~GUL~R CITY_ COUNCIL MEETING BOTNTON BEACH, FLORIDA JANUARY 3, 197~ .~roposed Ordinance No. 76-59 - Re: Amending Sec. 21-25, 21-47, 21-51, 21-52, 21-53 and 21-54 and Adding a New Section 21-55.1 of Chapter 21 (Pensions) to Alter the Normal Retirement Date of Municipal Employees' Retirement After January 1~ 1977 Reed read proposed Ordinance No. 76-59 by caption. Mayor DeLong asked if anyone present wished to speak in favor of ~proposed Ordins_uce No. 76-59 and received no response. He then asked if anyone present wished to speak in opposition to proposed Ordinance No. 76-59 and received no response. Mr. Sack moved the adoption of proposed Ordir~muce No. 76-59 on second ~ud final reading, seconded by Mrs. Jackson. No dis- cussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - ~ye Councilwoman Jackson - Aye Councilman Strna~ - Aye Vice ~yor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance ~No. 76-60 - Re: Repealing In Its Entirety Chapter 7 (Civil Service) of the Codified Ordinances of Said City to Eliminate Conflict Between the Provisions Thereof and the Civil Service Rules and Regulations Promulgated Under Resolution 72-~ in Compliance with Section 72-9 M~. Reed read propos,ed Ordinance No. 76-60 on second reading by caption. Mayor DeLor~ asked if an~vone present wished to speak in favor of proposed Ordinance No. 76-60 and received no response. He then asked if anyone present wished to speak in opposition to proposed Ordinance No. 76-60 and received no response. Mr. Harmening moved the adoption of Ordinance No. 76-60 on second and final reading, seconded by ~. Zack. No discus- sion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mmyor Zack - Aye Mayor DeLong - ~ye Motion carried 5-0. Ordinances - 1st Readin~ -4- MI~JTES - P~GU~ CITY COL~CIL R~ET~G BOYNTON BEACH, FLORIDA JAh~J.~RY 3, 197~ Proposed Ordinance No. 76,56 - Re: Amending Sec. 4(B) of ApPendix A, Eoning Regulations to Establish Building & Site Regulations Applicable to Accessory Bnildings in R~sidentlal Distriets .(Tabled) , Mrs. Jack, on moved to remove proposed Ordinance No. 76-56 from the table, seconded by Mr. Harmeningo Motion carried 5-0. Mr. Reed read proposed Ordinance No. 76-56 by caption. M~. Earmening moved the adoption of Ordinance No. 7~-56 on first reading, seconded by ~s. Jacksom. Under discussion, Mrs. Jacksomstated she was glad to see the three car garage had been left out and is now satisfied. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad Aye ~ice Mayor Zack Aye Mayor DeLong Aye Motion carried 5-0. OLD BUS I.N~ESS NONE PRESENTATIONS: ACKNOWLEDGEMENT & APPRECIATION OF SERVICE TO M~YOR~ VICE ~i~YOR & CITY COUNCIL MEMBERS N~s. Padgett informed the Council that ~. O'Boyle had re- quested to make a presentation. M~o. O'Boyle appeared before the Council and sta~ed he wa~ pre- sent as an individual to make a personal presentation to Mayor DeLong before leaving office. As a personal friend of Mayor DeLong,s for a long time, he feels he has the right as an in- dividual to present this individually from himself. He then presented a certificate of appreciation to Mayor DeLong for ou~st~_uding and dedicated service to Boynton Beach during 197~ and 1976. He then wished him lots of luck and Mayor DeLong thanked him. ~. Kohl referred to the honor of having the duty to make the presentations and then presented book ends individually to ~yor DeLong, Vice Mayor Zack, Councilwoman Jackson, Councilman Harmening, and Councilman Strnad in appreciation for their loyal and dedicated service. Farewell Remarks -5- MINUTES - REGUI~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JA~UJARY 3, 197~ Farewell Remarks by Councilman Edward F. Earmenin~ Mr. Harmenimg stated that he appreciated all the confidence and hel~many people in the City had givenhim over the past four years. He feels he has les~ned a l~tt~ bit about what goes on in the City. He also feels his record will bear scrutiny and hopefully the majority of people will feel the past four years have been pretty good for the City of Boynton Beach. They have accomplished quite a bit and have held taxes down. He has enjoyed it and it is with mixed emotions that he ~kes his departure. He then thanked everyone very much. Remarks by City Attorney Robert B. Reed ~. Reed referred to two recent newspaper articles and read the ~ttached statement regarding his salary and services ren- dered. Farewell Remarks by Ma~or Joe DeLon~ Mayor DeLong requested the audience to be patient and bear with him and then read the attached statement regarding his four years of service and requested that it be made a matter of public record. A recess was declared at 8:20 P. M. ADMINISTRATION OF OAT~_S OF OFFICE TO: Councilman Joseph DeMarco and Councilman Richard D. Vice Mayor Emily M. JacP~on Mayor Joseph F. Zack Caldwell Mrs. Padgett administered oaths of office to Councilman Joseph DeMarco and Councilman Richard D. Caldwell. She then administered oaths of office to Vice Mayor Emily M, Jackson and M~jor Joseph F. Zack. Mayor Zack then called the meeting back to order at 8:35 P. M. NEW BUS I~.~ESS Remarks by Mayor Joseph F. Zack Mayor Zack welcomed ~ud congratulated M~. Caldwe!i, Mr. DeMarco and Mrs. Jackson. He smnounced he would call on the Council members in alphabetical order to introduce their wives and husbands. M~. Caldwell introduced his wife, Kathy; daughter, Jody; father- in-law and mother-in-law, N~. & Mrs. Joseph Tufo. He then thanked each and everyone for all their help. -6- MINUTES - REG%~LAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Ji%~0~ARY 3, 197? Mr. DeM~rco introduced his daughter, Jackie, smd brother, Leu, from Vineland, New Jersey, vfno has served t2 years on the City Council there. Mrs. Jackson intreduced her husband, Walter, and added that he has been her best s~pporter and has always been at her side. 5~. Strnad introduced his wife of 35 years, Lorraine. Mayor Za~ introduced his wife, Eleanor. ~yor Zack stated he first wsmted to extend grateful thanks to ~L%yor DeLong and the t976 Council for all their guidance and hel~, It is with great humility he is before the people this evening. There are those to whom he must pay tribute: his wife, Eleanor, friends, and those who elected him. He referred to the nation celebrating its 200th birthday the past year and congratulated the Hoynton Beach Bicentennial Committee for the many activities they conducted. They must remember that the past was given them to m~ke the future great. The leaders of the past live in them again. In his humble opinion, the ques- tion for the future may be answered in the positive. They will soon begin the second 200 years and they will ms~e this City a better place to live in. He referred to the duties of the Mayor, but stressed that the City Manager is responsible for the ooeration of the City. The City Council is a policy making bo~y and suggestions or inquiries should be directed to the City Manager. The only way this City ma~ function to its fullest extent is to let the City Manager run the City to the best of his ability. He submits that this administration have unity, unselfishness, understanding and above al!, re- spect for each other. They are here to improve, build uD and cultivate a better City. He m83ues no promises, but pledges himself to the best of his ability. May 1977 be the bes~ year for the City of Boynton Beach. (Verbatim attached hereto.) Remarks by Councilman Richard D. Caldwell M~. Caldwell referred to the Congressional] Record indicating over the past 200 years that Congress has made the right de- cision approximately 3~ of the time, which leaves a ~ood deal to be desired. He hopes that in his first stin~ as a public official he can improve on that record ~md make the right decision at least 70% of the time. The Council mem- bers are here for the people. The people mus~ be present in force mt every meeting and express their wishes. Each resi- dent of the City of Boynton Beach must come forward, speek up and ms~e themselves heard, so they can all move the City of Boynton Beach into the future with a steady growth at a steady keel. He hopes this will begin a new era of courtesy and cooperation and petty differences, personalities a~ud vindic- tiveness will be put aside. He thanked the people for giving him the opportunity to serve, but he can do no better than what they will allow him to do. Please keep coming and keep pushing. -7- MINUTES - P~EGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA J~JARY 3 ~ 1975 Remark~ by Councilman Joseph DeMarco Mr. DeMarco stated he was appreciative of the hard work most of the people did to elect them to the City Council. Most people ~know what his platform stands for. He wauts to re-es- tablish the central file system under the jurisdiction of the City Clerk for ready access to all citizens. In reference to the Police Department, he hopes to add police education to aid in the prevention of crime. He hopes to review the budget to save money. !~ reference to Seacrest Boulevard, they hope to have a solution Zor e~eryone concerned very shortly. He has been ~tudying the sewer and water situation and they will have to work with Delray Beach and he will encourage speedy develop- ment and look into the future to prevent a moratorium. He ex- plained how the r~gional plant would be at full capacity when built and stated ~hat they mus~ concentrate on getting another unit planned to keep ahead of the population. They have a g~od Fire Department ar~ First Aid Unit, but he would like the First iid Unit to transport the Boy,ton Beach people tothe hospital. He ~ants the City Manag~ to be able to do ~hi~ job w~thout interference. Ee h~pes they c~u establish tonigh%a City Promotion ~ommittee to he~p in parades and encou~ag~ suitable businesses to the City of Bo~n~on Beach. He w~ts to cooperate wit~ %he pe~Dle, ~he City M~nager, the City Council and the City e~ployees. The peoples' vote of confi- dence has give~ him much encouragement and he hopes he will be an asset to the City of Boynton Beach. Remarks by Vice Ma~or Jackson Mrs. Jackson first wished everyone a Happy New Year. She re- E~rred to some of the 1976 Board members being present and extended tha~s to them. She then thanked the people for electing her to a fourth term on the Council. She will do her best an~ will remember that the voters are her and requested them to feel free to call on her at any time. Sometimes a ship has trouble, but it can get back on course. W~, the Council are the officers of the crew ~ud hopefully by using good sense and cooperating, they can navigate steadily a~d reach their goals. Their ship should travel in the path they set for it and hopefully they will make progress. She is not going to makeaany promises, but will do the best she can for the people. She referred to the variety of residents in the City and stated she thought they should have a sugges- tion box for their suggestions. Thi~ would be a way to find out what the people want and consideration would be given to the suggestions. She will later suggest this to the Council for a vote. She then tha~ke~d the people for electing her to serve again. Remarks by Co~&ucilman Norman F. Strnad ~. Strnad stated that he is very happy and proud to have been part of the Co~ucil for the past three years during which time -8- MINUTES - REGL~AR CIT~ COUNCIL MEETING BOYNTON BEACE, FLORIDA JANUARY 3, 197~ this City has seen many great improvements. The image has improved tremendously and he is iooking forward to making it even better. He hopes the incoming Council, the Vice Mayor and he will be able to work together to get something done the people will be proud of. Mayor Zack thanked them all and added that it sounded pretty good and they will try to do the job for Boynton Beach. Appointments of City Officials Cit~ Manager Mr. DeMarco moved to hire Jackson. No discussion. as follows: Mr. Frank Kohl, seconded by Mrs. ¥~s. Padgett took a roll call vo~e Councilman DeN~rco - Aye Councilman Strnad Aye Vice Mayor Jackson - Aye Councilman Caldwell - Aye Mayor Zack - Aye Motion carried 5-0. ~. Kohl thanked his Father in Heaven, thanked the Council for having confidence in him and thanked all his wonderful friends in Boynton Beach. .City Attorne~ Mrs. Padgett informed the Council that NM. Taaffe had re- quested to speak before a motion was made on this appoint- ment. Mr. Bill Taaffe stated his name and his address as 161S. E. 27th Avenue, Boynton Beach. He first explained that this was one of the few meetings he had attended and requested that when it came to the voting for the City At- torney that the Council members' votes be c e~!~ed He referred to newspaper articles alluding to some controversy as to who is doiD_g what. He would like to make the specific request that when each Council member is making their vote that they please very distinctly state their public position on this issue and make their vote and if for any reason their vote was not what it was prior to being seated to please ex- plain. At this time, Mayor Zack acknowledged the presence of former Mayors in the audience and requested M~. Wallace, ~. Roberts, Mr. ~rchie, ~. M~dsen and Mrs. J. W. Pipes, former Mayor Pipes' Wife, to stand. Mrs. Jackson referred to running on the platform of looking into the f eas~b~lmty of hiring a full-time City Attorney, but Stated that they will now have to have an interim City Attor- ney. She still ws~nts to look into this~eas~b~l~y. ..... She -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORINA J~\~JARY 3, 197~ still wants to _know whether it would be to their advantage or disadvantage. Mayor Zack asked ifsshe would be willing to advertise for a City Attorney and also appeal to the bar and Mrs. Jackson replied: yes. Mr. Strnad stated at this time, he would like the opportunity to state his reasons for no~ wanting to disengage the services of their present attorneys. They have had nothing but praise from all the department heads Eor the work produced by the ~irm of Reed & Smodis~. He has never heard mone single derog- atory remark. E~ thinks it is incumbent upon th~s Council before making a choice to take the knowledge from the depart- ment heads who are in a position to know if the attorneys are doing their job or not. He would not want the amount of money to be a deterrent factor £or asking the dismissal of this firm hesamse at this particular time and for the past year, they See 1/iS/77 have had two attorneys representing the City and this would Minutes equal $20,000 each. He womld like to ask the City Manager how the past performance of these attorneys has been.~WRpersonsin audience expressed disapproval. Mr. Strnad requested the City Manager to give an answer ~ud referred ~o him being in a posi- tion to give an answer a~ad ~. Kohl replied that the present attorney hasd~one a very fine job. ~. Strnad then asked the Finance Director his opinion of the attorneys and asked him what type of service they had been receiving and Mr. Kribs replied that in his opinion, he thinks the firm of Reed & Smodishhas done an excellent job. Mr. Strnad then moved to accept the re-instatement of Reed & Smodish as the City Attorneys. M~yor Zack turned the gavel over to Vice Mayor Jackson and seconded the motion. Under discussion, M~yor Zack informed them that this firm has re- presented the City in 28 law suits, 1t concluded, 17 pending, and 3 on appeal; preps~ed 70 resolutions and 46 ordinauces; given 600 oral and written opinions; made 1,0OO telephone calls; and attended over 50 meetings. He has not received a~y complaints. The work in the legal departmenthhas increased over previous years. They do have an agreement signed by the City and the City ~ttorney that the agreement shall terminate on September 28, 1977, or with 30 days written notice from either party. Mrs. Jackson replied that she didn't believe this agreement would stand up in a court of law since the Charter states that the City Attorney serves at the pleasure of the Council. Mayor Zack continued with referring to the statutes and advised that some attorneys had been hired on a £ive year basis. Mrs. Jackson replied that it had not been in this City and they cannot change the form of their govern- ment without going through the Home Rule as she thinks this would be part of that. M~. Caldwell then stated that he would like to Y~ow the under- lying reason for the dismissal of this attorney. He wants to know specifically why the members of the Council do not want -10- MINUTES - RMGU ~LAR CITY COUNCIL MEETiNG BOYNTON B~CH, FLORIDA JANU~n~Y 3, 197~ to hire the present City Attorney. Mr. DeMarco replied that he made a study and Mr. Gene Moore will accept the job for a base figure of $25,000 and he is satisfied that he can do the joB. He then passed out qualifications expected of a City Attorney. M~. Strnad referred to this being a list of items he felt M~. Moore was able to fulfill and not reasons for wanting to dismiss the present attorneys. He clarified that Mr. Caldwell had asked the reason for dismissing the present attorneys. Mrs. Jackson replied that the reason was the salary and exolained how Mr. Reedl was receiving $40,000 p~us. She the~ r~ferred to ~. Reed's statement that this was the first time the City had two attorneys, B~t this is not true a~ ~they had ~. $imon~and Y~r. Federspiel for $2~,500 which included appeals. She explained how she ~hought they could get some- one for less money. M~yor Zack referred toddiscussing salary and asked if anyone had approached Reed & gm,dish for one attorney at $25,000 and in reply, Mrs. Jackson r~ferred to M~. Reed negotiating with the City for $40,000 plus. Mw. DeN~rco stated he would like to go ever the qualifications and read the sevem qualifications based on $25,000. Mayor Za~k requested that they vote on the motion to employ Reed & Smodish first. M~. Caldwell referred to this appearing to ~e a bidding type situation and asked if it would be within the realm o~f the Council's authority to table this and request of the ~irm of Reed&& Emodish whether or not they would he willin= t~ ~ ~ work for the said fee of $25,000 as stated in the qualifications submitted to Mr. Moore. He ad~ed that he ran on th? ~latform of being opposed to a high salary;hhowever, when aski~g about the job ~ed .&~ S~odis~ are doing, he has not found a~v objec- tion to ~ne ~o~ ~hey nave done. The figure of $25,00~ seems to be what the Council is figuring on and he thinks they should ask the firm of Reed & Smodish if they would be willing to serve for the same fee. Mr. Caldwell then made a motion to table this appointment, seconded by Mr. Strnad. Under discussion, Mrs. Jackson re- ferred to having Reed & Smodish s~nce the first of September and when this was brought up, there was no giving at all. In three months, ~. Reed has had plenty of time to come down in his price. ~he personally does not think it is fair. Mr. DeMarco referred to the salary being one of the main platform items and stated he thought this was no time to table it. He thin_ks a City Attorney should be appointed tonight. They have a figure and a man is willing to work for it. Mrs. Jack, on referred to having had M~. Simon and ~. Reed working for the City mmd asked if Mr, Moore would be able to take over the cases and I~r. DeMarco reptied that he could take them all over except one which might be a conflict of interest. As requested, Mrs. Padgett then took a roll call vote on the motion to table as follows: -11- MINUTES - REGULAR CITY- COUNCIL MPMTING BOYNTON BEACE, FLORIDA JANUARY 3, 1979 Councilman DeMarco - No Councilman Strnad - Aye Vice Mayor Jackson - No Councilman Caldwell - Ay.e Mayor Zack - Aye Motion carried 3-2. ~s. Jackson asked if it would be out of order to ask Mr. Reed if he had given this any thought and Mayor Zack replied that he thought it would be out of order since he had not been approached on this. ~. Strnad agreed it would be out of order and referred to the matter being tabled. He suggested that the City Manager make the proper contaot with the present City Attorney. Mayor Eack then requested Mr. Reed to come for- ward and sit withthe Council to complete the agenda. Adopt Rules of Order and Desisnate Parliamentari~ M~yor Zack suggested adopting Roberts Rules of Order as re- Vised and modified. M~s. Jackson so moved, seconded by ~. Caldwell. No discussion. Motion carried 5-0. Mayor Zack suggested that the City Attorney be designated as the Parliamentarian, whomever ~ may be. Mrs. Jackson so moved, seconded by Mr. Strnad. No discussion, Motion car- ried 5-0. Appointments to City Boards and Committee~ Mrs. Jackson referred to her s~atements at the workshop meet- ing last week and having members on the Boards with staggered terms, but believes they should have people on the Boards they ca~ work with. She t~en made a motion to keep the Board mem- bers as they ~e~ now until such an ordinance can be drawn up to eliminate the staggered terms and have all members serve at the pleasure of the CQuncil except those under State Statute, Mr. DeMarco seconded the motion. Under discussion, M~. Strnad stated that these staggered terms were set up to allow the Eoards to have members remaining to show the new people what is going on and to change it, he thirnks it would be fouled up. ¥~. Caldwell replied that inasmuch as the people will be serving at the pleasure of the Council, he thinks the Council would have the good sense to appoint people who know what they are doing in these particular positions. He sees no need for a staggered type siiuation as long as the Council uses good common sense to appoint good qualified people who P~o~. what they are doing. ~. DeMarco agreed and added that with the terms expiring every year, those who did not participate could be removed and others doing a good job could remain. He would like to make an addition totthe motion tha~ anybody intsrested in serving on any Board should give the Gity Clerk -12- MINUTES - REGUI~_~ CITY COUNCIL M~ETiNG BOT~Y~0N BEACH, FLORIDA J-~ARY 3, 197~? a resume of past history and the particular Board they would like to serve on, so the Council can pick the best people. Mayor Zack referred to there being a total of 18 to 19 Boards saud explained how most had done a good job for Boynton Beach. He then stated that there are 38 people to be appointe~yb~h~he Council and he believes they should be appointed at the plea- sure of the Council. Mss. Jackson agreed that the same people should be appointed year after year if they are doing a good job and referred to the Cemetery Board as an example. Mrs. Jack, on then re-stated her motion that all the people on the Boards now shall remain until an ordinance is dra~ up to eli-~inate the staggered term~ and the me~oers shall serve at the pleasure of the Council except those under State Statute. Mr. Caldwell seconded the motion. ~s requested, Mrs. ~aagettO ~ took a roll call vote as follows: Councilman DeMarco Aye Councilman Strnad - Aye Vice Mayor Jackson - ~e Councilman Caldwell Aye May~or ~a~k - Aye Motion carried 5-0. Consider Request of Metropolitan Planning Organization - ~,L~yor Joseph F. Zack M~vor Zack told about attending a meeting of the MPO in Nov- ember a_ud explained how the Board consisting of a member from ~est Palm Beach, Boca Raton, Delsey Beach, Boynton Beach and the County School Board with Commissioner Lake Lytal serv- ing as temporary Chairman was functioning. He added that the City Manager had checked into this. Mr. Kohl informed them that this used to he a function of the Area Planning Board, but has been turned over to the elected officials by the Governor of Florida. The Mayor must attend the meeting next week to go over the new resolution and new interlocal agree- ment between these cities. No action is needed tonight. LEGAL O__r~inances - 1st Readin~ Ms. Reed referred to there being two ordinances, NO. 77-1· ~ud No. 77-2, and advised that both had been revised slightly and the members should have the revised copies. Proposed Ordinance No. 77~t - Re: Amending Article 6, Sec. 21-93 and Adding 21-9~ of Chapter 21 - Firemen's Retirement Fund Benefits Mr. Reed read proposed Ordin~ace No. 77-I on first reading by caption. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOTNTON BEACH, FLORIDA JANUARY 3, 1977 Mrs. Jackson moved the adoption of Ordinance No. 77-1 on first reading, seconded by N~. Caldwell. Under discussion, Ma~or Zack told about the Ad-Hoc Committee having numerous meetings with the Fire Department, Police DeDartment, and General Employees and advised that this was practically ver- batim with what they came up with and all areas of employment have been updated. N~s. Padgett then took a roll call vote as follows: Councilman DeMarco - Councilman Strna~ - Vice Mayor ~ackson - Councilman Caldwell- Mayor Zack - Abstain, inasmuch as he has been associated with the Fire Dept~ of Boyn%on Beach for 31 years. Aye Aye Aye Aye Motion carried 4-0, with 1 abstention. ~s. Jackson referred to the Pension~ Board and the ps, sage of Resolution No. 76-PP which removed the Mayor from serving on the Pension Board. The Pension Board has always been under the Mayor and she believes the Mayor should be the Chairman of that Board. Mayor Zack replied that the Mayor did serve on that Board, but he appointed the Ad-Hoc Commit- tee for the pension plans. Mrs. Jackson informed him that the Fin~ace Director was put on the Pension Board instead of the Mayor and she would lJ_ke the Mayor to be on that Board since he is the elected official. ~s. Jackson then moved to repeal Resolution No. 76-PP and revert back to the old way of having the N~xyor as Chairman of the Pension Board. Mr. DeMarco seconded the motion. Mrs. Padgett took a roll call vote as follows: Councilmd~ DeMarco - Aye Councilma~ Strnad - Aye Vice Mayor Jackson ~- Aye Councilman Caldwell - Aye Mayor Zack - _&ye Motion carried 5-0. ~. DeMarco referred to being called first for a vote on the motions and suggested in order to make it fair for everyone that the City Clerk rotate the calling and he then made this suggestion in the form of a motion, seconded by M~s. Jackson. Under discussion, Mm. Strnad referred to this possibly being confusing for the City Clerk. Mayor Zack suggested calling the one first who made the motion and ~. DeMarco requested that they try it per his suggestion. Motion carried 5-0. ML~GTES - REGUL~ CiTY CO~C!L MEETING BOYNTON BEACH, FLORiDA J~NUARY 3, 1 Proposed Ordinance No. 77-2 - Re: Amending Article 5, Sec. 2~-87 & Adding Section 21-88 of Chapter 21 - Police Officer~ ~ti~ementFundBenefits . M~r. Reed read proposed Ordinance No. 77-2 by caption. Mx. DeMarco moved the adoption of Ordinance No. 77'2, seconded bY M~s. Jacksen, Under diScUssion, Mayor Zaek exOlained how the Committee was very cooperative ~nd worked witch the bud- get. ~. DeMarco complimented them on a fine job. Mrs. Padgett thentook a roll call vote as follows: Co~ucilman Strnad - A~e Vice N~yor Jackson - Aye Councilman Caidwsll- Aye Councilman DeMarco - Aye Mayor Zack - Aye Motion carried 5-0. ~esolutions Proposed Resolution 77-A - Re: Authorized Bank Signatures for .1 977 Reed read proposed Resolution 77-A by caption. M~. Caldwell moved the adoption of Resolution 77-A, ~econded by Mrs. Jackson. No discussion. Mrs. Padgett took a roll Call vote as follows: Vice Mayor Jackson - ~e Councilman Caldwell - Aye Councilman DeMarco - Aye Councilman Strnad - Aye Mayor Zack - Aye Motion carried 5-0, AD~IN IS _RAT ~E .c.onsider. Re-instatement. of CenSral File V~ce Mayor Jackso~ M~s. Jackson referred to this being very important and re- ferred to Attorney General Robert L. Shevin's memorandum dated March 14, 1973, setting forth the State law. She then made a motion that the proposed ordinaJ~ce he read in its entiret~ by the City Attorney, seconded by Mr. DeMarco. Under discussion, Mayor Zack referred to the general policy of all public records being open at all times. He referred to the requirements of the City Charter and the City Clerk being designated as the Custodian of the records and must permit copies of any public records by any person. Further, the -15- MINUTES- REG~AR CITY COUNCIL MEETinG BOTNTON BE~&CH, FLORIDA j~NUARY 3 ~ 197~ City Clerk should .know the location of these, but the State Statute merely requires the City Clerk to receive the letters. He explained the provisions of the various chapters and sec- tions relating to public records and stated that he feels they were within a Central File. He asked if there had been any complaints during the past year and if any citizen had been denied access? F~s. Jackson informed him that she was the only person who had given ~s. Padgett any correspondence £or the Central File. She told about receiving inquiries and the ~ecessity for a Central File. She clarified that she did not th~_uk the City Clerk should have finance or building plans. She told about Mrs. Padg, ett's knowledge of where thi~s were previously. She added that she would also like to make a motion that Mrs. Padgett and Mr. Kohl have a meeting with the Department of Archives and set up a schedule, so they know what ~hey have. Mayor Za?k stated that he inquired about the agreement prev~ousl~ mentioned signed ~y Mr. Simon and was t01d there was no~e. Mrs, Jackson replie~ that Mr. Simon served at the pleasure of the Council and he did sign a letter which is in tke ~entral File. Mr. Caldwell referred to the discus~io~ ~ei~.ug by the Mayor ~3%d Vice Mayor and requested that they proceed ~ccordi~g to ~oberts Rules of Order and give each Council member a turn to comment. Mayor Zack mgr e e d. Mr. Caldwell stated his understanding of the Central File System is bhe City Clerk will retain a copy or the original of correspondenee. From his understanding of the situation, there has been a good deal of misunderstanding that the de- p~tment heads should have this at their disposal. He cannot see w_hy the original document cannot be kept in the Central File with a copy to the department heads. He is in favor of the re-establishment of the Central File to allow people to go to one place ~o obtain information. ~, DeMarco referred to N~s. Jackson not having any trouble getting into the files and Mrs. Jackson disagree~ and stated that she did in 1975. ~. DeMarco reme~ked that he woul~ hate to seeaanyone ~ry t~ stoD him. Mayor Zack clarified that h~ had no objection and also he read the various chap- ters and sections previously which do not oppose a Central File. Mrs. Padgett then took a roll call vote on follows: Councilman Caldwell - Aye Councilman DeMarch - Aye Councilman Strnad - No Vice Mayor Jackson - Aye Mmyor Zack - No the motion as Motion carried 3.2. -16- MINUTES - REGULAR CITY COUNCIL. M~ETING BOTNTON BEACH, FLORIDA J~NUARY 3, 1 977 ~s. Jackson continued that she would like to instruct the City Manager to make copies of Attorney General Shevin's ruling-for each department head and the City Manager together with the City Clerk should contact the Department of Archives in Tallahassee to work out a retention schedule. Mx. Reed declared a point of order and referred to the motion requesting the City Attorney to read the ordinance. He then read proposed Ordinance No. 77-3 in its entirety. ~s. Jackson moved the adoption of Ordinance No. 77-3 on first reading, seconded by Mr. DeMarco. No discussion. Mss. Padgett took a roll call vote as follows: Councilman DeMarco - Aye Councilman Strnad - No Vice M~vor Jackson Aye Councilma~ Caldwell - Aye Mayor Zack - No Motion carried 3-2. M~s. Jackson made a motion that the City Manager be instructed to notify the department heads of this ruling and meet with the Department of Archives to work out a retention schedule. Mmyor Zack ~tated that a motion was not necessary and requested th~ City M~ager to follow these instructions. Mayor Zack then asked what had happened to the previous mater- ial stored in the warehouse and when the Central File was ori- ginally started? ~s. Padgett replied that the Central File was started in 1968 aud Meyor Zack asked what happened to the material previous to that and M~. Kohl informed him it was stored in another building. Discuss Si~nin~ of Resolutions and Ordinances - Vice M~yor Jackso~ Mrs. Jackson referred to it being decided previously that the Mayor only would sign resolutions and ordinances and told how she had been reading resolutions and ordinances for over 20 years and was able to note who voted for them and who did not. She sees no reason why all the Council members should not have the chance to sign all resolutions and ordinances and if they wish to note they voted no, they can do so. Mss. Jackson made a motion that there be a place for each Council member to sign on all resolutions and ordinances. M~. DeMm~co seconded the motion. Under discussion, Mr. Caldwell asked if when they signed them, they were to note whether in favor or against and Mrs. Jackson explained how she had previously signed them, but noted her no vote next to her signature. They discussed further whether it was -17- MINUTES - REG~AR CITY CO~CIL MEETING BOYNTON BEACH, FLORIDA J~NUARY 3, 197~ necessary to note their yes or no votes. Mayor Zack clarified that up to three to four months ago, every member of the Coun- cil signed resolutions and ordinances and then it was decided that only the City Clerk and the ~yor had to sign the docu- ments. He referred to the minutes reflecting how they voted and Mr. Reed agreed they did. Mr. Reed informed them that the State Statute sets up a uniform method to adopt resolutions ~ud ordin~_uces and the minimum requirement is that the Mayor execute the resolution or ordinance and the City Clerk attest it, If the members of the Council prefer tha~ all members sign, there is nothing to prevent that other than passing a motion. He believes the procedure in the past was that all the members of the Co~uucil signed ordinances and resolutions and the only time they indicated their vote was when they v~ted no. Mayor Zack asked if a Council member was required to sign the document if he voted no and ~ Reed replied that when voting in the negative, he could indicate that and the minutes would definitely indic~ate the vote. Mrs. Jackson ex- plained how Mrs. ~adgatt kept a book of ordinancesan~ how it was conven~en~et~ note, ~he negative votes by t~e signatures ~ather than havin~g to ge~ ~ minutes out o~ the vast to see ~h~ ~actual ~otes. ~ne~ pub~iC~ has ,the right to know what the · n~vidual CoUncil Nembar,~ ~o~es are. Mayor Zack asked if he wa~ required to ~ i.an ordnance if he vote~ against it and Mr~ Reed repliedth~t ~ w~s not aware of the me~hod es- tablished by th~ Co~ci~ ~rior to his appointment, but he was told the procedure was that all the members would be required to Siga the ordinances ~ud ~f they voted no, this could be in- ~ ~ated. Re,centlY, the Council decided to change that oolicy ~ar~ nnly have ~haNayor and City Clerk sign the ordinances. '~ney can estab±isha policy by motion. He thinks each and ~er~one w?uld have ~o sign the ordinance~ irrespective of now ~mey vov~. Mrs, Jack,on added that she thought it should ~e their prerogative whether to n~te their negative vote. Mr. Caldwell moved th ame~ the motion that all Council mem- bers shall Sign ordinances and indicate their Aye or Nay vote. ~. DeMarco seconded. Under discussion, Mr. Strnad stated he did ~ot think it was ~ecessary to mark an ~ve vote because i~ · ~ - ~ ~t ~s passed, it means ,t~ree people have approve~ it. As requested, Mrs° Padgett~t~en took a roll call vote o~ the amendment to the motion~as follows: ' Councilman Strnad - No, do not necessary. Vice ~yor Jackson - Aye Councilman Caldwell- Aye Councilman DeMarco - Aye Mayor Zack - No, do not necessary Motion carried 3-2. thi~k it is think it is MINUTES - REGULAR CITY COUNCIL MEETi~NG BOYNTON BEACH, FLORIDA J~-~ARY 3, 1 977 Mayor Zack called for a vote on Mrs. Jackson's original motion and Mrs. Padgett took a roll call vote as follows: Vice Mayor Jack, on - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Councilman Strnad - No M~yor Zack - No Motion carried 3-2. Consider Repeal of Resolution 76-TT - Re: Bond Validation - Vice Mayor Emily M. Jackson Mrs. Jackson referred to there having been a lot of discussion regarding this $865,0~0 bond issue. She believes the people have spoken in the recent election. Mr. Reed referred to the last meeting when he informed them that the appellants had set a hearing for December 23 to re- quest an extemsion of time to file their brief and he ad- vised that the motion was granted and the appellants have until January 14 to file their brief. M~s. Padgett informed the Council that Mr. Nate Goldberg had requested to speak on this item. ~. Nate Goldberg stated his name and his address as 13~7 S. W. 17th Street. He first read an editorial from the December 31 issue of the Palm Beach Post Times regarding this issue. He then explained how in a democracy those elected ~ the representatives o£ the pe~ople. Nobody has the right to attempt to force things down the throats of people. More than 2,000 people signed a petition ~va~stthis bond issue. Considering the people were not em a vote, it is certainly high handed for a City Council to mske a decision for the people. Ee explained how the City Council shoul8 consider the people. He then respectfully asked the Council members to express that they are responsible adults and asked them to vote against the bond issue. ~s. Jackson moved that Resolution No. 76-TT be rescinded and that the City Manager he instructed to immediately initiate an mpdated feasibility study including the financial impact to the taxpayers of the City relative to the three capital im- provement projects included in said resolution, and further if the City Council determines that any or all of the sai8 projects are feasible, that a new enabling resolution be enacted, providing for approval or disapproval by the quali- f±ed electo~s at a referendum election as separate items to be voted uDon.~ She further mov~ that the City Attorney be instructed to mraft an appropriate resolution to carry into effect the intent of this motio~ for enactment by the City Council. ~. Caldwell secondedlthe motion. Under discussion, -19- MINUTES - REGULAR CITY COUNCIL MEETiI~G BOTNTON BEACH, FLORIDA JA~Y0'ARY 3, 197~ MS. DeNarco clarified that the motion indicated that the three capital improvements shall be voted as individual items and ~s. JacP~on agreed. Mr. Strnad stated his decision was ren- dered by the information which prevails concerning this parti- cular item and he thinks this law was allowed to be left in- tact to prevent any such thing as this being scuttled by a small majority of the people. If they had a greater cross section of the popUlation, he would be in favor of what they request, but he will not change his stand on this at this particular time. ~&~yor Zack then explained how the $865,000 was derived to cover the second story to the police station, ~he park site, repay bonds an~ a mausoleum. Mrs. Jackson added that there was also interest. She then referred to the remark ~de to a minority amd stated that%he total number who signed the petition represented 50% of the people who voted in the referendum in Sep%ember. Ns. Caldwell ad~ed that regardless of the voter turnout, they must go along with w~at the people say. He explained how a g~ideline was set forth in the recent election with the people stating they a~ed~o ~gid~. thromgh a refe~endumwhat capite~ imorove- n~s~e City whould get. ~my6r Zack clarified that~. ornac was referring to the nuSber signing the petition. Mr. DeF~rco added that this was one of his platforms and if the people vote for them, he will go alon~, but it should go to a referendum. Mss. Padgett then took a roll call vote on the moti~n as follows: Councilman Caldwell - Aye Councilman DeMarco ~ve Councilman Strnad No VTce Mayor Jackson Aye Mmyor Zack Aye Motion carried 4-~. Libert~ Tree - County Bieente~n~al - Vice M%yor Jackso~ Mrs. Jackson told about the P~m Beach Coumty Bicentennial Committee completing their year by giving a Liberty Tree to each City to be olanted on City property. She informed them it would be a Royal Poinciana Tree, 10 to 18 ft. tall, to be planted on Januarylg. She told about the preparations neces- sary and requested the feeling of the Council whether they wanted to receive this tree~ She then moved to accept this Liberty Tree from the Bicentennial Committee, seconded by M~. Caldwell. No discussion. Motion carried 5-0. ~esentation to Councilm~ Joseph DeMarco ~. Kohl presented an arrangement of flowers to Councilman DeMarco sent from his brothers and sisters in Vinelsmd, New Jersey. -20- MINUTES - REGBLAR CiTY COUNCIL MEETING BO-~?-¢TON BEACH, FLORIDA J~\rGARY 3, 197~? Report on Parade Costs Mr. Kohl presented an accounting summary from the Finance Depe~tment to the Police Department in regards to the Christ- mas Parades for 1975 and 1976. He then read the expenses listed. Mr. DeMarco made a motion to accept this report, seconded by ~s. Jackson. No discussion. Motion carried 5-0. Mr. DeMarco then made a motion, inasmuch as they have received this report, to rescind any further ihvsstigation regarding f · ormer ~a~or DeLong andClty Manager Kohl and all derogatory information contained in th~ City's files pertaining to former Mayor ReLong and City Manager Kohl be e~o~ed and deleted for ~!?~! y in the progress of Boyn~gn Beach. It i~ his belief if any ~istakes w~re made, it was In the benefit of Boynton Beach. Mr. Caldwell seconded the motion. Under dis- cussion, ~Zms. Jackson stated that from letters received, it shows that people appreciated the parade, She extends Mm. Kohl a great vote of than~. Mr. Caldwell added that the people should see the Council members-and suggested t~at next year, they should ~alk in the pe~ade. ~@. Strn~d thanked the City Msmager for this report and added that it was not very hard to obtain. Mrs. Jac?~on added that if they had copies of the bills paid through the month attached to the minutes, it would have all been settled previously. As requested, Mrs. Padgett then took a roll call vote ontthe motion as follows: Councilman DeMarco - Aye Councilman Strnad - Aye Vice Mayor Jackson - Aye Councilman Caldwell - Aye Mayor Zack - Aye Motion carried 5-0. Approval of Bills Kohl read the following bills for approval: General GMC Truck Sales & Service~ Dump truck for Street Dept. Pay from budgeted funds 020-833 Bid accepted t0/12/76 $ 10,076.50 Municipal Code CorD. ~O0 copies of Supplement $28 to Boynton Beach Code of Ordinances Pay from encumbered funds 001-500 $1,375.00 & budgeted funds 001-820.17 81.96 1 , 456.96 -21- MINUTES - REGUI~R CI~£ COD~-~CiL ~TING BOYNTON BEACH, FLOR/DA JANUARY 3, 1979 Asplundh Service Center Wood chipper for Grounds Maintenance Dept. Pay from budgeted funds with approved transfer 020-826 Bid accepted 11/29/76 5,925.00 Russell & ~_xon 7460-5-I Engineering services performed for "201 Facilities Planning" SCRWTD Board Pej from Utility General Fund 030-215 Authorization dated 2/3/76 3,600.00 Lawnmower Hospital 2,378.00 Triplex mower Pay from Boynton Beach Memorial Park Fund 050-830 B~d accepted 9/28/?6, Council approved 10/5/76 Robert B. Reed Quarterly cost statement Pay from budgeted funds as follows: 001-814.45 $ 127.88 001-814.61 85.00 001-814,19 271.10 001~814.18 hO.O0 523.98 Mr. Kohl informed the Council that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the FinanceDirector; funds are available in their respective budgets and he recom- mends p~ment of these hills. ~s. Jackson moved to pay the bills, except Item 6 which she would like to have broken down at the next meeting. Mr. Strnad seconded the motion. Under discussion, M~. Strnad asked if the City Manager had looked into Item 6 and ~s. Jackson added that she w~uted to know what these items were for. Mr. Kohl read the itemized statement submitted by Mr. Reed. ~. Strnad remarked that he did not think these charges were too bad as he recalls seeing a hill for $500 for phone bills over two years old. Mr. DeMarce added that he did not think the bill was too high, but they could have saved this ~oney. M~s. Jackson replied that this did not satisfy her s~ud her motion still steads. ~, Caldwell stated that inas- much as the funds were expended under the guidance of the previous Council, he thinks it would be unfair to penalize the City Attorney in following the directions of thefformer Council. He thinks they should be more cautious of the ex- penditure of future funds. ~. DeMarco stated he would go along with the payment. ~s. Jackson referred to the charges for validation and asked if it was part of the 1/3 of I% and ~. Reed requested Mr. Kohl to give ~s. Jackson the i~emized statement. He then explained that $40 was the legal fee, but the balance was for costs his law firm expended but has nothing -22- MI~F3TES - REGUL~/q CITY COUNCIL MEETING BO_VNTON BEACH, FLORIDA JANUARY 3, 197~ to do with any additional fees for bond validation. His law firm has not charged the City one penny for bond valida- tion, other than $440 which was charged the City because the case was appealed. They have not charged the City amything for bond validation pursuant to his agreement. In addition to the $40, the charges were for court reoorters, telephone calls, etc. Mss. Jack, on referred to the'long distance tele- phone calls and asked if ~. Watson had a Watts line and M~. Reed replied that he did not and M~. Sheperd also did not. ~s. Jackson replied that she was satisfied now. M~s. JacY~0n made a new motion to pay all the bills, seconded hy Mr. Caldwell. No discussion. Mrs. Padgett took a roll call vote as follows: Councilmsm Strnad - Aye Vice M~yor Jackson - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye ~yor Zack - ~e Motion carried 5-O. ADJOUR~fMENT Mr. Etrnad moved to adjourn, Motion carried at ~O:20 P. M. ATTEST: .~City Clerk ecor lng Secretary (Four Tapes) -23- seconded by Mm. Caldwell. 5-0 and the meeting was properly adjourned CITY_ OF' BOYNTON BEACH, FLORIDA ~/ Vice Mayor Council Member council Member r/ CoUncil Me~er REED 8c SMOI)ISPL P.A. January 3, 1977 Many of you have read reports in this past Thursday's editions of two local newspapers indicating that the newly-elected City Council had decided to fire me as City Attorney. In an attempt to explain the motive behind this action, both articles contain quoted statements to the effect that the City is paying an exhorbitant yearly "salary" of'over $40,000.00 for "on-the-job training" of the "part-time" City Attorney and Assistant City Attorney. These quoted remarks disturb me because they were made by a member of this Council, who I had assumed would not advocate a position about which she is appa~.entiy so misinformed. However, since she has seen fit to discredit the value of ourservices to the City this past year, I am compelled to clarify the record. [ sincerely believe that these quoted remarks, as well as sim~]~w statements made during the recent City Council election campaign, grossly misrepresent the facts and distort the truth of this entire matter. For example, in an attempt to exaggerate the compensation I have received as City Attorney, it has been suggested that my "salary" is on a par with the individual salaries of Supreme Court Justices and Attorney Generals. Such a suggestion is deceiving because it falsely implies that my salary is a net take-home sum. Quite to the contrary, as presently budgeted, my salary pays the wages of a legal research assistant, secretarial staff and two (2) attorneys, as well as a portion of the opera- tional expenses of my office. It is also a mistake tx) compare m? salary with sums paid previous City Attor- neys, since such a comparxson fosters the erroneous impression that of late these expenses have dramatically increased. For example, during fiscal year 1972 - 1973, the City budgeted $14,000.00 as the City Attorney's salary, yet spent $66,800.00 for legal services during that same period. Furthex, fer the first time this past year, the City retained the services of both a City Attorney and an Assistant City Attorney, whereas pre-1976 legal budgets made provision for only one attorney. Yet, the City's legal budget for the year prior to, my appointment actually exceeded the current year's budget. Moreover, the same Council Member who now criticizes my salary as being excessive favored payment of fees to outside legal counsel at rates varying upwards to $75.00 per hour and at the beginning of this past year recommended retaining the former City Attorney at the rate of $60.00 per hour to conclude several "carry-over" cases for which he was paid over $12,000.00. January 3, 1977 Page Two On the other hand, throughout 1976 my partner and I expended an average of 67 hours per week on City legal affairs, for which we were paid $31,665.00~ or $9.05 per hour. During this period, the City adopted more ordinances, received more legal opinions and was successfully represented in more lawsuits than at any time in recent memory. Yet, apparently~ there are some who are solely concerned with the c?~.~..st of legal services rather than their~;~..~and who have failed to consider the possibility that by paying less, the City might also receive less in the way of legal representation. I submit, then, that the true motive for my termination as City Attorney has nothing to do with either the cost or quality of legal services, but rather with perso- nalities and political commitments. As a relative newcomer to municipal gove,~nment, I have learned something of the internal operation of this City. I shall not soon forget the pressurized atmos- phere surrounding City employees in their work, or that petty personality differences frequently determine job tenure rather than any consideration of one's performance, or that the news media is often quick to print thoughtless statements made by those in responsible City positions without investigating both sides of the question. Yet, I shall also remember the competence and cooperation displayed by the City's depart- ment heads and other personnel, the diligence with which Council Members discharged their duties, and the accomplishments ~t~e City's legal staff this past year. Lest anyone think that recent events,kav~e'iilienated me from affairs of local government, let me close by saying that I woui~ encourage more of you to become involved in this City's governmenT, for only in that way can we hope to raise its reputation. Sincerely, RBR ! s ROBERT B. REED The Chair, as Vice Mayor in January of t973~ spent many days touring the city visiting existing public facilities and compiling a long overdue capital improvement program, ascertaining the cost estimate of the entire program plus locating the source of revenue for the implementation of same. This prog-~am was submitted for Council approval just prior to the 1973/74 budget sessions and also included a recommendation for a reduction in the millage rate for the ensuing fiseal year in excess of 2~ mills. I believe this was the greatest expansion program of city facilities eve~ successfully attempted in the history of the city at one time. ~he Chair is pleased to relate that the City Council approved of this program and the millage reduction, the citizens and employees of our city are now benefiting from the many new and adequate public improvements that this program provided such as: 1. The new Public Library 2. ~ne new South Fire Department Sub-station The new Dog Poun~ with landscaping 4. An addition to the Wilson Recreation Center increasing the ffloor area three-fold including the purchase of two lots for parking and the construction of same. 5. The Chair sponsored an ordinance that was approved by Council whereby the developer pays for turning lanes where needed for egress and ingress to their developments in all sections of the city where median strips exist. It had just previously cost the city $19,000 for turning lanes at the Hampshire Gardens and Sterling Village projects. 6. Extensive recreational facilities were installed at S. W. 8th Street and Rolling Green Park sites. The following much needed other improvements were also completed during this period: 7. Const~ction of two additional boat launching ramps. 8. Installed new air conditioning plants at City Hall, Community Center and Senior Citizens~ Building. I think that ~is was wi4dom because previous to that we were trying to rejuvinate these old plants and were throwing good money after bad. 9. Black-topped entire Community Center area including Senior Citizens: location plus the Engineering and Building Depart- ment parking lots. 10. The old Library building was renovated to provide a permanent location for the Engineering and Building Department and also now includes the office of the Director of Community Develop- menu or the City Planner. ll. Developed Bi-Centennial Park on H. S. 1 with extensive landscaping. 12. Approximately $100,000 was spent on street improvement throughout the city. Sidewalks were installed at J. C. Park and a portion of Hampshire Gardens highway frontage. 13. Installed new ceiling in Fire Headquarters and new floor in Community Center auditorium. 14. B new General ServicesT Building was constructed, but not as originally planned. There were several change orders and as far as the City' s building is concerned~ in my humble opinion~ it is still inadequate. -1- 15. Am extensive beautification program was conducted at the city public beach located in Ocean Ridge. Our city beach although small in are~, is now one of the most attractive anywhere along the east coast. 16. Purchased four new packer trucks for garbage pickup at cost in excess of 3100,000. Constructed two new tennis courts and a pro-shop. 18. Constructed two back-to-back baseball diamonds plus land- scaping, lighting, horseshoe pitching and bocci court. Also additional parking areas all at a cos~ in excess of ~15C,000. 19. New roofs were installed on 2ommuni~y Center and Senior Citizens buildings. 20. Extensive repairs au Municipal Swimming Pool and also on two baseball diamonds located in that area. 21. The prior child's day nursery building just south and adfacent to City Hall was renovated To accommodate the Personnel and Purchasing departments. 22. Rearranged and panelled entire first floor of City Hail, relocating several city functions to the second floor. 23. A new pumpez truck was added to the Fire Dept. equmpment. 24. Much needed and long overdue traffic signals were finally installed at Congress and Ocean Aves., and on Federal Highway au S. E. 23rd Ave. and N. E. 22nd Ave. after con- tinued requests To D.O.T. Ail the foregoing improvements were paid while the real property and/or ad valorem tax, reduced approximately 2} mills. for with funds on hand au the same time, was Modern new equipment in updating business operations was installed and the roster of employees in all departments was increased to cope with an increased work load due to the growth of the City. Ail city employeesT salaries were increased in an attempt to keep pace with the cost of living index. Approval by the City Council was adopted to expand and improve the present City Water Plant to twice the present capacity. Five additional wells are in the planning stage and the expansion of the plant is now finally under construction including a warehouse, offices and locker ani shower rooms for the employees. The sewer lines were expanded in the sum of $1,250,000 and the Sewer Plant was also expanded at a cost of approximately $3,000,000 thereby adding an additional intake flow of one million two hundred fifty thousand gallons pez day. Valuable acreage has been annexed To the City. A density ordi- nance has been adopted in order vo permit the City to expand in a sane manner. A new zoning ordinance has been adopted which, among other assets, will definitely prohibit construction of concrete canyons and asphalt jungles in our City. Height limitations on all build- ings are restricted to 45 feet, but not more than 4 stories high. -2- During my first term as Mayor in 1974, the Regional Wastewater Treatment Authority was established between the Cities of Boynton Beach a~d Delray Beach. The services of an Executive Director were later e~gaged. The building permit for the construction of the plant has been granted by the State and the Chair is happy to say bids have been awarded and Delray Beach Building Permits issued and construction is about to begin. The County has accepted a five year plan submitted by the City of Boynron Beach for the improvement of Seacrest Boulevard. The County did include in a previous budget, $15C~000 for engmneerin~ of this prolect. The improvement of Seacrest Boulevard was initiated Dy former City Manager Travis Killgore in May of 1972. Several city departments have been reorganized, upgraded and up- dated, such as the Municipal Court, now phased out, Utilities Depart- ment, General Services and the Occupational License Department. Upon assuming the office of Mayor on January 5, 1976, the Chair once again submitted for City Council approval an ambitious program which the Chair referred to as the Community Development Program out- lined as follows: 1. A review to upgrade the employeest pension system plan reward- ing those who have spent the best years of their lives as public ser- vants with an approppiate and liveable monetary ret~rn~ for their years of faithful and loyal public service, when retired. Th~s recommendation and new pension plan was submitted by a committee chaired by Vice Mayor Zaek and was ~pproved by City Council on November 16, 1976. 2. The City Manager was instructed by the City Council to contact the City's Fiscal Agents to prepare the required fiscal data for the construction Df the second floor on the present overcrowded police headquarters. Revenue bonds have been validated by the court for this project as well as for the purchase of the Goldberg tract of land contiguous on the north to the city bo~launching ramp on the intra- coastal waterway that the City Manager had negotiated with the owners and real estate broker for the purchase of by the city, and also a mausoleum in the city cemetery. This is all in a state of limbo at the present time. 3. The City requires training in marksmanship for the members of the Police Department. It was recommended that the City defray the cost of the facilities for this tmaining. This project is now about to be implemented under a study by a committee consisting of Councilman Strnad and chaired by Vice Mayor Zack. 4. The people who use the public beach are in need of and en- titled to ~ first aid station in case of an emergency and I sincerely believe it is incumbent upon the City to provide this facility. Our lifeguards are now bubjected to the inclement weather ~nd are most certainly deservin~ of shelter. I recommend continued efforts on the part of a concerned City Council for the construct~on of a combination First Aid Station ~nd Dbservation Post at our public beach. The lack Df cooperation from the Town Df Ocean Ridge for approval or the grant- ing of a building permit to construct this project has caused the City 2ouncit to instruct the City Attorney to pursue the necessary legal procedure in order to obtain said permit. -3- 5. I trust ~nd recommend that th~s Administration of 19Y6 does not overlook the acquisition of the 5S acres of County owned land at the Cityts southern city limits; 35 acres 66 be utilized for a public park and 20 acres for other municipal purposes in accordance with the plan submitted to and ~pproved by the County Commission and the Chair now recommends to the incoming Administration to do likewise, and I am not talking about the incoming but the 19Y6 incoming which is now going out to do likewise, considering when the Charter World Develop- menu is completely constructed, ±t will be economically advisable as well as beneficial to control increased traffic, to construct a mini- City Hall and a General ~ervices Depot in that area, not only to accom- modate the Charter World residents but those in Golf View Harbor as well. 6. Further ~evelopment of the Cityts boat launching ramp on the intracoastal waterway is a must. The City, under the present circumq stances, is losing a vast amount of yearly revenue. There ~s also the need for a complete development of the City owned 2~ acres of land in the N. W. section on the Boynton Canal. The fresh water boat ramp and fishing platform have now been completed with the aid of state recrea- tional funds. ?. There was also a definite need to black-top the entire public beach parking area. As recommended this project has now been accom- plished. 8. It was recommended that our City Hall County meeting room was very much in need of remodeling and to utilize some of the ftoor area foz additional office space while a~ the s~me time providing an area for attendance much larger than most cities of comparable sise in the entire county. This has now been accomplished and the appearance of our chambers is now in the same league with the best. 9. Due to the rash of traffic accidents occurring at S.E. 1Sth Ave. and U. S. 1, it was recommended to vigorously pursue the installa- tion of the traffic turning lanes and arrows at this intersection. Also, the recommended and applied for installation of traffic signal lights au N. E. 22nd Avenue~and Seacrest Blvd., S. W. 6th St. at S. W. 2~rd Ave., S. W. 18th St. at S. W. 15th Ave., Leisureville Blvd. at State Road 804, as well as S. W. 1Sth Ave. at Congmess Ave. are most essential for public safety. Many requests have been forwarded to the County ~ngineer to implement these recommendations. 10. Serious thought was ~sked for by the City Council for the employment of a Director of Community Development. Among the duties of said director would be the filing of applications for all federal and state grants (excepting water and sewer). Many cities in our area have greatly benefited from this source of federal and state aid, why not Boynton Beach? As of now, a director has now been employed. 11. A recommendation was made for the demolition of the unsightly, uninhabitable and ugly vacant houses and places of business in all sections o~ our City. The appointment of a Housing Authority was made by the City Council and this should aid in eliminating this problem. 12. ~ comprehensive review of the City's Code of Ordinances is strongly recommended eliminating those provisions which have been declared invalid and/or those which have become obsolete with age. In order to relieve the tax burden upon our local residents which will increase due to the rise in cost ~f commodities plus inflation, the Chair suggested annexation in a westerly direction in order to broaden our tax base while at the same time assuring the City of a voice in the control of the proper development of this area and the Chair also be- lieves an attempt should be made, where possible to establish the south side of Hypoluxo Road as the City, s permanent nortk city limits. The Chair stated, in 19Y27 when I so~ghteteetion that T~I was pre- pared and that I wanted to help'~. A review of the public record is sufficient proof that ~tI was prepared and that I did help~. After coming aboard in January of 1973, a study and close observa- tions convinced me there were many changes to be made and much to be desired in the operation of the Finance Department in an acceptable, efficient and systemized manner. The department emp~oyees were grade 'tA" but the leadership was nil. After the Director mesigned it took se~-~l weeks and a threav of arrest before several shopping bags full of fiscal records were returned To the City, Since the employment of Ken Kribs as the Director, the functions of the ~epartment are gradually being guided toward sound, acceptable and prcper fiscal policies. ~e Finance Department has received a national award for financial reports. The City Building Department which was badly disorganized has finally begun Eo reach the proper level that is necessamy and the recent resignations of certain employees, after an investigation by the State Attorney's office during the present ~dministration, will aid immeasurably under the proper guidance and capable leadership of the new Building Official, Bud Howell. I would berremiss if I failed, ar this time, to apprise for the public record, what the financial svarus of our City is upon my leav- ing office. The surplus from the fiscal year 1975/76 in the General Fund is $651,916 plus the Federal Revenue Sharing Fund of $210,282 and Operating Capital Improvement Fund of $5,~45 or a total of $867,543. The eurrenv assets in the Water and Sewer Fund are $27520,745 a~d the bank assets are $67491,298. After all the improvements that have been accomplished, the property tax is now one mill lower than what it was when I was first elected to office in 197~ and that is m record to be mighty proud of as the City millage is among the lowest in the entire county. It has been a grea~ honor and distinct privilege in having served our City as the Bicentennial Mayor and I say without fear of contra- diction that I have served our bity with unquestionable integrity, faithfulness and a degree of loyalty second to none. To the members of the various Councils that I have served with~ I say without your consideration, good judgement and kind cooperation, the progress of the City would have been seriously curtailed. I extend my best wishes to the incoming Mayor Joe Zack and all Council members for a progressive and successful Administration in 1977 and God speed in your every endeavor and may the many loyal friend- ship%S that have been cemented by ~rus~ between myself and many city employees on all levels be everlasting. In saying ~adieu~ I thank one and all for your patience and kind indulgence. Joe DeLong, Mayor January 3, 1977 Re,est the followinq remarks be recorded: First of all, I want to extend my grateful thanks to Mayor Joe DeLong and the 1976 Council for all the kindness and help given me while I served ss Vice Mayor. It is no% a plateau I have There are those to whom is~ with great humility that I ~m before you this evening. But this achieved alone, and I cannot stand on it alone. I would pay tribute: my dear wife of 40 years, Eleanor, who has been by my side during all my endeavors; to my friends, therein, who have been my constant supporters; to you, who elected me to this Council seat. There are no words adequate to say what all of you mean to me. My spiritual support has come from God who has sustained me and will continue. This past year our city and our nation gloriously celebrated the 200th birthday of this great nation. We have all paid tribute to the Founding Fathers Boynton activities than any city of and to their deeds of valor and trust. Congratulations %o Beach Bicentennial Committee which conducted possibly more its size. the But even now, as we still have much more to celebrate, we must turn our attention and our thoughts to the future. Let us go forward with courage and enthusiasm for ever greater accomplishments for the betterment of our lives and for humanity, remembering: "The past was given us to make the future great. May all that was fine and noble in the lives of our revered leaders of the past live t~ generations yet unborn." in us again and become our heritage In my humble opinion, the question "What of the future?" may be answered in the positive. The future is what we make it: We shall soon begin our second 200 years. And although none of us here tonight will see that ti~e in person, we shall determine during this year to make this City a better place to live. The year 2000, when the City capsule is opened, will reveal some interesting observations. I am sure some of you will be around to see the content. Being elected to the City Council should be looked upon, not as an honor for services rendered in the past, but more for services rendered for the ~ ' ' the fullest extent is to let the city Manager of his ability. As a member of this Council, with the title of Mayor, I shall be considered as the official head of the city for ceremonial purposes and shall have a voice and a vote in the proceedings of the City Council. We have a City Manager form of government. He is responsible for ithe operation of the City accord.ing to the policies set in our black book composed of the city Charter and Ordinances. The city Council is a policy making body and suggestions or inquiries should be ~irected to the City Manager and not to heads of Departments or other employees of this City. The only way this City may function to run the City to the best As one of your councilman and Mayor, I would like to for this administration UNITY - UNSELFISHNESS above all, respect for each other. submit a theme D~DE RS TANDING and We are here as elected Council members to improve, build up, 'and cultivate a better city of Boynton Beach. We will work together for your benefit and hope you will cooperate with us. Z make no promises, but pledge myself to do, to the best of my ability,' all that I am called upon to do. May the year 1977 be a good year for each and every one of us and for the great City of Boynton Beach. Thank you. Joseph F. Zack JFZ/d