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Minutes 12-22-71MINL~ES OF SPECIAL MEETING OF THE CITY COUNCIL HELD AT CITY HALL: BOYNTON BEACH~ FLOR-IDA~ %'~DNESDAY, DECEMBER 22~ 1971 AT 2:00 P. M. PRESENT: Forrest L. Waltaee~ Mayor Robert B. Effron, Vice Mayor Mrs° Emily Jackson~ Councilwoman John L, Archie, CounciLman Harold Btanchette, Councilman C. Q. Jones~ Jr., City Manager Mrs. Callie Clanton~ Deputy City Clerk Gene Moore, City Attorney Mayor Wallace called the Special Meeting to order at 2:05 P. M. Ordinance No. 71-42 - Amending Sign Ordinance Mr. Archie moved that the Ordinance be read~ seconded by Mr. Blanchette. Mrs. Jackson asked i~ there had been any change about the Little League signs? This was decided it could be added at a later time if necessary. Motion carried 5-0. Sun Wah Sewer Proposal Mr. Clark recommended approval of this proposal. Mr. Blanchette stated that the main objective is to build a duplex for Mr, Chin. Mr. Sharp, representing Mr. Chin, stated that back in May or June Mr. Chin was in trouble with the Health Department and they are now threatening to close his restaurant again. He is now requesting the City to enter into an agreement on sewer and water Mr. Blanchette moved to approve this proposal provided al! guidelines are met, seconded by Mrs. Jackson. Motion carried 4-1. Mr. Arehie abstained. Considering Christmas Bonus Mr. Jones stated that if a $10 bonus is Niven to each employee~ it would be over $2~500, which is not in the budget. Mr. Effron moved to give a $10 bonus to each employee at approximately $2~250 to be paid from unappropriated surplus, seconded by Mrs. Jackson. Motion carried 5-0. Police Protection at Atlantic High School Mr. Holloway stated that the main conoern is due to the fact that the school is located in the County~ between two munieipalitieso The Sheriff's Department has the only jurisdiction and arrest powers. In case of emergency the City Police can be called in by the Sheriff's Department and the Police would be protected because they were called in by the Sheriff's Department. This request is to allow the Police Departments of De]ray and Boynton to be called in directly without going through the Sheriff's Department~ This would necessitate a Hold Harmless Agreement to the Sheriff's Dept. releasing him of any liability o~ false arrest or whatever may occur: and then the City would purchase liability -1- MINUTES SPECIAL MEETING OF CITY COUNCIL DECEMBER 22, 1971 Police Protection at Atlantic High School, cont'd. insurance to hack up this Agreement. This is considered an urgent matter. Up to now it has been relatively quiet and would like to be prepared if an emergency arises, which might occur due to the changes in time. There is a limited number of Sheriff's Deputies on hand, and it takes 20 to 25 minutes to arrive af~cer they have been called. Mr. Blanchette stated that last year there was quite~a bit of trouble, end it was .stated in one of the papers that the Delray Police were standing across the street watching, but could not do anything. Chief Huddleston stated that he would he concerned with the limited amount of man power the City has. He would be willing to help, but need to look into the legalities. This would he no different than going out in the County Out west of town. Fro. Archie asked if there has been any approach to the School Board? Has the School Board hiTed any more people? Mr. Holloway stated that $8~ 000 was allocated for protection on the various campuses. The rest of the schools have City protection at all times~ At- lantic is the only one that does not. The problem is that when the offi- c~Ts are needed, it takes so long for the Sheriff's Dept. to get there. It was stated that the funds should come from the School Board. Mr. Effron stated that he is not speaking against it, but County taxes are paid for the Sheriff's Department, why should the City pay the Police Dept. to do the County's work? Plus paying School Taxes. It was suggested that this should be worked out with the Sheriff's Dept. The Sheriff's Dept. should he contacted and made aware of the situation and see if we can get some help in the area. Mr. Holloway stated that the Boynton Police can come on~ but the Sheriff's Dept. must be called first and must be on hand. Direct access to the Boynton and De/may Police Departments is requested in ease OF an emergency. These are your own students, consider the fact of human life and well being. M~. Arehie made motion to instruct the City Manager and the Police Chief to meet with the Sheriff and Superintendent Early~ and also include Del- ~ay's City Manager and Police Chief within ten days~ and come back to the Council with ~eeommendations prior to or on January ]rd, seconded by Mrs. Jackson. Motion ca~ried 5-0. _Emergency. Employment Act Proposal Mr. Blanchette asked what was meant by hard core unemployable? Mr. Jones stated that it is a person unemployed for 60 days. M~. Archie moved that the City do not participate in this program, sec- onded by Mrs. Jackson. Motion carried 5-0. -2- MINUTES SPECIAL MEETING OF CITY COUNCIL DECEMBER 22 ~ 1971 Comprehensive Plan Mro Jones reported that back in January a delegation went to Atlanta on a drainage program. The City went ahead, and applied for a grant, and it was approved for the first of the fiscal year. The City Attorney recc~- mended not siglGing the agreement until the City Planner was hired. There are seven work packages in the Study. This plan was d. isoussed in detail .and several cost estimates were stated. Mr. Jones mentioned a consulting firm that could do the job. Mr. Largent was asked if he had looked over the plan of 1962. He stated that he had and it was applicable at that time, but it needs to be up- dated. It is basically the same thing° Mr. Archie stated that several fi~ms should be interViewed before one is hired. It looks as though a firm'he has never heard of is a/most hired. Mr. Jones,stated that there has been no formal appointment of a consulting firm. He stated that the first step is todetermine' whether to accept the RTdD grant. If it is accepted the wgrkmust b? completed by the first of June. Another option wou!~ be to defer it untilnext year, but there is no assurance we will get the grant next year. Mr. Archie asked if the firm that has worked on the Zoning Map has been contacted on handling this? Mr. Jones stated that with the size of his firm he could not accomplish the work in the time allowed. Mr. Archie stated he should be contacted, he has worked for the City and knows the area. Mrs. Jackson stated that Gerald Dake had not finished his previous con- tract, and he does not know the area because he did not know Reeves Instruments was located here. Mr. Largent stated that the firm Mro Jones mentioned, Candueb, Flessig & Associates is a nation-wide firm: with 3 or 4 offices throughout the country. It is a highly recommended firm. MT. Jones stated that the question before Council is whether or not to accept the h-dD grant, and then direct us as to what consultant assistant to acquire. Mr. Archie moved that the HUD 9~ant be accepted, seconded by Mr. Effron. Motion carried 5-0. Mr. Archie moved to handle this like any other item where we have to in- terview and select a firm, one that is familiar with the area and knows Florida, arrange for interviews with three or four firms as soon as possi- ble: seconded by Mr. Blanehette~ Motion carried 5-0. -3- MINUTES SPECIAL MEETING OF CITY COUNCIL DECEMBER 22~ 1971 ..0Tdinance NO. 71-42 - Sign O~d~nance: cont'd. At this t/me the reading of O~dinance No. 71-42 had been ccmpleted. Mrs. Jackson moved to pass O~dinance No. 7t-42 on f/mst reading, seconded by Mm. Blanchette. Motion carried 5-0. Wa~ter and Sewer Plan A resolution is needed to formally adopt the water and sewer service plan. Mr. Moore read Resolution No. 71-XX. Mr. Archie moved to adopt Resolu- t/on No. 71-XX, seconded by Mr. Blanchette. Motion carried 5-0. OTHER Fn~s. Jackson asked what authority Robemt Collier had to sign a complaint and then re/1 the City to hi~e a special Judge and C/ty Prosecutor for the election law violation? This is special t~eatment, we would also have to do this for any one else. Furthermore, if we're going to appoint a spec/al Judge and p~osecutor we should be absolutely fair and appoint another Judge for a probable cause hea~/ng. She fuI~cher stated that everyone knows she voted against the appointment of Joseph Tomberg for City Judge. She feels that a Judge and a prosecuto~ that does not de- pend on Council appointment should beam the case. M~. Arehie moved to. appoint a special Judge and prosecutor to the ease and start w/th a probable cause hea~ing~ seconded by Mr. Effron. Mr. Moore stated that since Mms. Jackson is involved in the violation: she should not vote on the appointment. Mayor Wallace stated that the City is getting involved in this. It is nor up to the City to decide whether or not this was illegally: done. It should be taken out of the mealm of the City. If they have a com- ptaint~ let them pay the Attorney's fees, etc. ~ and take it out of the realm of the City. Personally he would like to see the whole thing dropped. Motion carried 3-1. Mayor Wallace voted '~no~: i~s. Jackson abstained. Meeting adjourned at 5:00 P. M. CITY OF BOYNTON BEACH, FLORIDA ~'orrest L. Wallace, Mayor ' Robe~t B. Effronf ~ioe hayom -4- MINU~ES SPECiAL MEETING OF CItY CO~LNCIL DECF~MBER 22, 1971 Att est: City C~k