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Minutes 11-07-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, NOVEMBER 7, 1989 AT 6:00 P. M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner George Hunt Interim City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 Po M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Vice Mayor Olenik. AGENDA APPROVAL Under "ANNOUNCEMENTS", Commissioner Wische wished to speak ~n behalf of Lena Rahming. He added "D. Child Day Care -!Center Wish List Progress Report" and "E. N. W. 1st Street and 7th Avenue - Progress on Safety Signs" under "OLD BUSINESS. Vice Mayor Olenik moved "6. Proposed Resolution No. 89-000 Re: Ezell Hester, Jr." which appeared on the "CONSENT AGENDA" under "C. Resolutions" to "LEGAL, C. 5." Under "NEW BUSINESS, C. Items for Discussion requested by Vice Mayor Robert Olenik, Jr.," he added "3. Non-profit Sales Within the City of Boynton Beach." Vice Mayor Olenik added "C. Procedures for City Manager Interviews" and "D. Countywide Planning Council Appointment" under "ADMINISTRATIVE". Under "DEVELOPMENT PLANS", he added "A. Presentation on Affordable Housing." Mayor Moore added "6. Individual Water Meters at Pelican Cove", "7. School Board", and "8. Recommendations of Planning and Zoning (P&Z) Board to Allow Relief to People to Sell Christmas Trees During This Season" under "NEW BUSINESS, B". Under "LEGAL, D. Other," Mr. Hunt added "Ratification of the Palm Beach County Police Benevolent Association's (PBA) Contract". He added "Appointment to the Palm Beach County Municipal League Board of Directors" under "ADMINISTRATIVE". For the record, Mr. Hunt added under "LEGAL, A, 2. Proposed Ordinance No. 89-38 Re: Adoption of Comprehensive Plan" a letter received late this afternoon from the City of Ocean Ridge, which outlined five points of disagreement with the City's proposed Comprehensive Plan. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Cutoff Date for Backup Material for Commission Agendas Commissioner Wische stated that under the "CITY MANAGER's REPORT", he would make a motion that there be a cutoff date as of 5:00 P. M. on the Friday before a meeting for any literature. Commissioner Weiner questioned whether he was referring to Supplemental Agendas. Mayor Moore called it backup material and agreed with Commissioner Wische unless it is a dire emergency. Additions to Agenda by City Attorney Rea Under "LEGAL, D. Other", City Attorney Rea deleted "2. Lomar Industries". He added, "F. Clerk III Position - Legal Department under "OLD BUSINESS". Motion Vice Mayor Olenik moved to adopt the agenda as amended, seconded by Commissioner Wische. Motion carried 4-0. "WHAT IS A TAXPAYER?" Mayor Moore read the following into the record: '!A Taxpayer is the most important person ever in this office in person or by mail or by telephone. A Taxpayer is not dependent on us him. we are dependent on Taxpayer is not an interruption of our work he is ~he purpose of it. We are not doing a favor by serving him he is doing us a favor by giving us the opportunity to do so. A Taxpayer is not someone to argue or match wits with. Nobody ever won an argument with a Taxpayer. A Taxpayer is a person who brings us his wants. It is our job to handle them effectively for him and for ourselves." Mayor Moore asked Betty Boroni, City Clerk, to have this put in placard form everywhere in City Hall and to give the Mayor, Vice Mayor, and Commissioners copies for their wallets. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 ANNOUNCEMENTS 1. City Hall will be closed Friday, November 10, 1989 in observance of Veterans' Day Mayor Moore made the announcement. 2. Proclamation - National Cities Fight Back Against Drugs Week - December 3-9, 1989 Mayor Moore signed the Proclamation, and copies will be sent to the appropriate parties. 3. Letter from Shuler's Memorial Chapel, Inc. Mrs. Boroni read the letter dated October 27, 1989, thanking the community for its acts of kindness during the Hester, Miller and Shuler families' bereavement of Commissioner Ezell Hester. 4. Speak on behalf of Lena Rahming - Requested by Commissioner Lee Wische Commissioner Wische received a phone call from Lena Rahming, and she expressed some concerns. She requested that those on the Commission cast aside their bitterness towards each other and vote on the issue and not against the person making the motion. Since the City Manager resigned, it is obvious there is a split in the Commission. Ms. Rahming asked the Commission to show the black community and all of the citizens of the City they will avoid a Special Election by voting favorably tonight for the most qualified person to fill Ezell Hester's seat. Commissioner Wische agreed the Commission has become divided and has been getting a lot of press saying they are divided. There are rumors the Commission is voting on per- sonalties rather than issues, and Commissioner Wische wanted it stopped. They were elected to represent the citizens and to vote on issues which would be best for the community. Last Wednesday, the Commission had a special meeting on Tradewinds. Commissioner Wische recalled the discussion with the owner of Tradewinds and his Attorney, and he named the enhancements Tradewinds would give in return for certain things the City would do. Commissioner Wische pointed out that the City was looking at approximately a $4,000,000 credit towards the final settlement. He recalled MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 his motion to approve the settlement because he wanted the City to get the credit. There was no second to his motion. The Vice Mayor would not second the motion, and Commissioner Weiner did not care to second the motion. The Mayor eventually seconded the motion, but Commissioner Wische pointed out if there was no second to his motion, the City would have lost a credit of $4,000,000. He asked if ~here was no second to his motion because he was the one making the motion. Commissioner Wische felt this should illustrate who the dissentious members of the Commission are. When the vote is 2-2, Vice Mayor Olenik wondered how one could decide who is dissentious. Commissioner Weiner ~emembered the vote was unanimous. There were further comments. ~ONSIDER APPOINTMENT TO REPLACE QOMMISSIONER EZELL HESTER, JR. ~ommissioner Wische had not received the resumes of two of ~he four people. He read the resume of Nathan Collins. Mice Mayor Olenik and Commissioner Weiner had not received ~esumes either. Commissioner Wische complained that some- ~hing was wrong because the Commission is not getting what ~t is supposed to. He did not know who was at fault. Mayor Moore brought out the fact that Mr. Collins' resume is on ~ecord, as he is a member of the P&Z Board. Commissioner Wische read the resume of Mr. Collins. Nomination of Nathan Collins Commissioner Wische nominated Nathan Collins as Interim City ~ommissioner because he is Vice Principal of Spanish River Nigh School, Vice Chairman of the P&Z Board, has attended most of the workshop meetings on important items like the ~omprehensive Plan, Chapter 19, the Housing Element and uti- ~ities bills; has spent many hours on the P&Z Board and attended workshop meetings with the City Commission. As a matter of honor and to place it in the record, Mayor Moore nominated Wilda Searcy, who had indicated to him she did not want to run and would not accept the nomination. Mayor Moore thought Mr. Collins was eminently qualified. He was not in favor of appointing a person to an elective office and felt they should be elected. Because it was such a short period of time, Mayor Moore seconded the nomination and stated he would support Mr. Collins. He asked if there was a consensus of the Commission. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Vice Mayor Olenik had a list of three possible candidates (Blanche Girtman, Lillian Artis, and Woodrow Hay). Mrs. Girtman did not want to seek the seat. Both Lillian Artis and Woodrow Hay received support residents in District 2, as well as people outside of the District. Vice Mayor Olenik chose Woodrow Hay because he was a finalist when the Commission appointed Ezell Hester, Jr. to a seat in 1985. Since then, Mr. Hay has shown an interest and has been active in the community. Nomination of Woodrow Hay ~ice Mayor Olenik nominated Woodrow Hay. Commissioner Weiner seconded the nomination. Input from Public ~eoletta Wright, 301 N. E. 26th Avenue, felt because of the Commission being divided, the City was falling. She asked ~hem to put aside their personal differences and try to work as a team. This seat is very important, and she challenged the person who would be elected not to vote on a particular team but to vote his convictions so he could live with it. Bill Tidwell, 4651 Bensel Street, Apt. 5, West Palm Beach, palm Beach Treasure Coast AFL-CIO President, said they endorsed Robert Walshak. He elaborated on Mr. Walshak's qualifications and stated Mr. Walshak has repeatedly worked on holding the line on taxes. Mr. Walshak was one of the first to recognize the shoddy construction taking place on ~he Boynton Beach complex, and he will do something about %he taxpayers' money being wasted on such. Mr. Tidwell referred to Mr. Walshak's years in the Armed Forces and added that the South Florida Council of Carpenters agreed with his statements. Philip R. Martin, 211 S. W. 5th Avenue, pointed out that March is only four months away. He wished the Commission Would realize the cost to the City of a Special Election. Mr. Martin wanted the Commission to consider Robert Walshak as there was a 2-2 split on Mr. Hay and Mr. Collins. Discussion by City Commission When this issue first arose shortly after Commissioner Hester's death, Mayor Moore was criticized for attempting to have an early meeting to draw up ground rules to fill his seat. With regard to the charge that the Commission is 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 split, he said it may be they are only split on philosophical differences. This is an elective office, and Mayor Moore thought it should probably be handled on an elective basis. When Commissioner Hester died, Mayor Moore stated to the press that he felt this should be a black seat. He pleaded for an unmixed message back from the black community on somebody they wanted. The one they could get a consensus on would be the proper person. A black minister called Mayor Moore yesterday to say he supported Mr. Walshak. It Seemed there was a mixed message, and Mayor Moore did not feel comfortable going for an appointment. Commissioner Weiner suggested they give the community involved in this decision a chance to come together to fill the seat. She asked that this matter be tabled until the next Commission meeting. Mayor Moore asked if anyone wished to give the third vote go Mr. Collins or Mr. Hay. There was no response. Mayor Moore determined the Commission was deadlocked. He hoped ~hey would come up with a consensus of opinion between the ~wo at the next meeting because he did not think there Would be any more nominations. Vice Mayor Olenik got the impression that the community leaders in District 2 were going to support somebody, no indication had been given to the Commission of whom they would support. He asked whether the community was behind someone. Commissioner Wische had suggested the community unite and get behind one person, but he could not get this message ~hrough. See McDermott, representing the NAACP, does not reside in Boynton Beach but has been associated with the City since 1964. He emphasized this was not a question about what ~esidents of the black community were about. It was about Boynton Beach. Mr. McDermott took offense at anyone saying the black community cannot stand up and be a unified body. If one wished to divide a minority community, they would get some of the things they were seeing here tonight. Mr. McDermott commended some members of the Commission for ~heir wholehearted effort to pay homage to Ezell Hester by ~ppointing a member of the black community as Interim Commissioner. He recommended to the Commission that if they could not come to a consensus, they should invite whomever 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 they believe are leaders of the black community and ask them who they feel they are behind. If the Commission cannot obtain a consensus by the next Commission meeting, he recommended they hold a Special Election. To say in public or in the newspaper that the minority does not have the capacity to stand and be unified is a slap on ~he integrity of members of the minority community of Boynton Beach and all minorities in this country, and Mr. McDermott took offense to it. Marvin Greenhut, 6 Stratford Drive, suggested they cease making this a black and white issue. He had been approached by many in the black community who said they would like to pick Robert Walshak to represent them because he would be most independent in his vote since none of the Commissioners chose him. Therefore, it was clear he was not favored by ~ny of them. Mr. Walshak is qualified in his experience and background to represent blacks and whites. Mr. Greenhut expounded. He asked the black community if they might consider choosing a white person to replace the seat of Ezell Hester. Mayor Moore thought they were looking for the best qualified person. Motion Commissioner Wische moved there was not a consensus but a deadlock and this should be brought up at the meeting of November 21, 1989. Motion carried 4-0. Vice Mayor Olenik asked if the Commission should get Bogether in a workshop, invite the community leaders of Qistrict 2 and ask them who the representative of that qommunity should be. Commissioner Weiner thought they would do that in an election. The Commission was empowered to make an interim appointment. Commissioner Wische wondered who was to say who the leaders of the black community are. ~ommissioner Weiner referred to a lot of backed up material On the agenda. If they were able to name someone tonight, She questioned whether that person could have taken the Vacant seat. City Attorney Rea answered affirmatively. That was why Commissioner Wische nominated someone who attended meetings. Vice Mayor Olenik questioned whether they were in agreement that they were down to Mr. Hay and Mr. Collins. Commissioner Wische did not hear any other nominations. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 As they prepare the agenda for the next meeting, Vice Mayor Olenik requested the Interim City Manager to get copies of the agenda to the finalists so they can review it over the weekend prior to the meeting. As they were in a deadlock, Commissioner Wische asked why they could not have a Special Meeting instead of waiting two weeks for the Regular Meeting of the Commission. City Attorney Rea answered that the Charter specifically says it has to be taken care of at a Regular City Commission Meeting. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of October 17, 1989 2. Special City Commission Meeting Minutes of October 31, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. 7500 pounds of Grass Seed for the Municipal Golf Course The Tabulation Committee recommended awarding the bid to Lesco, Inc., Rocky River, Ohio, in the amount of 99¢ per pound ($7,425). ~ice Mayor Olenik asked why they did not choose Wheeler ~ertilizer, Oviedo, FL, which had the lower price. William Sullivan, Purchasing Director, answered that Wheeler Fertilizer had a mixture other than what was specified. 2. Pool Filter Discs The Tabulation Committee recommended awarding the bid to Recreonics corporation, Indianapolis, Indiana. (Unit price is $49.85 X 50 = $2,492.50). 3. F & I two precast, prestressed concrete pilings - two reinforced concrete pile caps and placing 60' of 8" ductile iron force main across L-21 canal The Tabulation Committee recommended awarding the bid to the lowest bidder, Palmwood Corporation of Riviera Beach, FL, in the amount of $9,500. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 4. Written Printing Quotation - 23 Items The Tabulation Committee recommended awarding the printing quote to the printers, as indicated on the Tabulation Sheet, in the amount of $3,372.14. 5. Automotive Surplus Sale The Tabulation Committee recommended awarding the vehicles to the highest bidders on each vehicle for a total of $3,344 payable to the City. C. Resolutions 1. Proposed Resolution No. 89-EEE Re: Quantum Park '~A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF RESERVED FUNDS; APPROVING RELEASE, CANCELLATION AND RETURN OF GUARANTEES; APPROVING THE RELEASE OF OBLIGATIONS UNDER THE SURETY AGREE- MENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 2. Proposed Resolution No. 89-FFF Re: Bond Reduction - Quail Run (Golf Road and SW 26th Street) 'iA RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR QUAIL RUN, BEING A REPLAT OF QUAIL LAKE WEST IN SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST" Proposed Resolution No. 89-GGG Re: Bond Release Cross Creek Centre (North side of Boynton Beach Boulevard between Old Boynton Road and Congress Avenue) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR CROSS CREEK CENTRE SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST" 4. Proposed Resolution NO. 89-HHH Re: Abandonment 20 foot Utility Easement - Quail Lake West IN of ?A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A TWENTY (20) FOOT WIDE UTILITY EASEMENT (QUAIL LAKE WEST); SAID PROPERTY BEING MORE PARTICU- LARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 5. Proposed Resolution No. 89-III Re: Release of Bond - Trails End Plaza Self Storage Facility "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF PERFORMANCE BOND FOR WATER AND SEWER IMPROVEMENTS AT TRAIL'S END PLAZA" 6. Proposed Resolution No. 89-JJJ Re: Establishing a rate for the television inspection of sanitary sewer mains "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A RATE FOR THE TELEVISION INSPECTION OF SANITARY SEWER MAINS BY UTILITY PERSONNEL" D. Development Plans None. E. Consider approval of sale and removal of lime sludge at Water Treatment Plant In his memo of October 31, 1989, William Sullivan, Purchasing Director, informed Mr. Hunt that Hardrives, Inc., Delray Beach is interested in extending the contract for another year (October, 1989 through October, 1990) under the existing terms and conditions. Vice Mayor Olenik asked whether the City goes out to bid on this. Mr. Sullivan answered that the City receives approxi- mately $3,200 a year for this. Palm Beach County is the only County that allows that. Vice Mayor Olenik inquired how much the City gets per cubic yard. Mr. Sullivan replied, "$1.76." Mayor Moore asked if people pay the City to take the sludge away. Mr. Sullivan answered affirmatively. F. Consider approval of contingency transfer to cover recruitment expenses for City Manager position Commissioner Weiner did not understand the balance shown on this request. Mayor Moore did not think they had anything but the ad and travel expenses. Mr. Hunt explained the request showed the beginning and ending balance for the account. $1,500 was transferred to cover the.expenses. They started with $100,000 and decreased it by $1,500, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 leaving a balance now of $98,500 in the Contingency Fund. They originally started with $20,000 in the Recruiting Expense Budget, added $1,500, and are now at $21,500. The amount of the transfer was $1,500. Mayor Moore asked whether that included the travel and hotel expenses of the applicants for the City Manager's position. Mr. Hunt confirmed Vice Mayor Olenik's statement that the $1,500 was for travel and hotel expenses. G. Consider approval of Change Order %23 - Seppala & Aho Bill DeBeck, Project Manager, in his memo to Mr. Hunt dated September 12, 1989, said this Change Order was made up of five field orders in the total amount of $22,151.73. Commissioner Wische wanted an explanation of this Change Order. Mr. Hunt advised that the City is still negotiating With the Contractor. Commissioner Wische reiterated that he wanted to know what they were approving. Mayor Moore ~nformed the Commission that he and City Attorney Rea met last week with the Attorney for U. S. F. & G. (the bonding Company). Mr. Offutt represents the bonding company. The bonding company has taken over the job. Discussion ensued. (iSee item H below, Change Order ~26.) H. Consider approval of Change Order %26 - Seppala & Aho Bill DeBeck, Project Manager, by memo dated October 10, 1989, addressed to Mr. Hunt, explained that this Change Order was made up of ten field orders which totaled $2,529.37. Mayor Moore requested that the Commission defer action on Change Order ~s 23 and 26 until they hear whether they Should go forward or hire an Attorney to look into this or Sue someone. Motion Commissioner Weiner moved to pull Change Order ~23 and Change Order %26 from the Consent Agenda. Commissioner Wische seconded the motion, and the motion carried 4-0. I. Approve acceptance of Quit Claim Deed - Dedication of Land Parcel - Park Site By memo dated October 30, 1989, Carmen Annunziato, former Planning Director, requested that if approved, this deed 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 should be forwarded to the Wilshire Corporation for their signature and recording. Commissioner Weiner asked how big this site is. Charles Frederick, Director of Parks and Recreation, replied that he did not have the acreage, but the site is very small. J. Consider approval to purchase lime slaker with accessories The Utilities/Water Treatment Plant requested authorization go purchase this for $39,411 from Wallace & Tiernan, Inc., Boynton Beach, "a sole source". Consider approval of authorization to dipose of records Authorization 9102 - Police Department Authorization 9103 - City Clerk's Office Authorization ~104 - Communications Consider approval to resurface Madsen Center Shuffleboard Courts Mayor Moore asked if this was something that would ulti- mately be torn up in connection with the Civic Center site. ~r. Frederick reminded the Commission of the decision they ~eferred relocating the Madsen Center to Congress Avenue. The courts need to be resurfaced at a cost of $6,400. ~fter discussion, Commissioner Weiner inquired whether the ~ourts could last another year. Mr. Frederick answered that they could if they have to. On behalf of the 465 ~enior citizens who use the courts, he thought the City Could afford the $6,400. Mr. Frederick told Vice Mayor 61enik if this was approved tonight, it would probably be beady by January. Priorities on Capital Projects Should Be Placed on Agenda for Next Meeting ~yor Moore thought they should get the bids. At the next leeting or the first meeting in December, Vice Mayor Olenik ;anted the Commission to look at the projects hanging in .imbo and decide if they are going to relocate Madsen Center. te thought they should set priorities on capital projects. Mayor Moore requested that this be on the next agenda. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 M. Consider approval of Beach Memorial Park refund on Cemetery Lots - Boynton 1. Lots 330 A & B, Block R Michael C. and Rosalee Phillips requested a refund of $360 on these lots. 2. Lots 90 A & B, Block O Anthony and Ora Azzarto requested a refund of $280 on these lots. N. Consider approval to purchase blueprint machine George Hunt, Interim City Manager, by memo dated October 16, 1989, urged Bill Sullivan, Purchasing Agent, to take imme- diate action to spec and get verbal quotes on a machine to replace the existing one currently operating in the west wing. He also asked that adequate venting be automatically assumed possible before purchase. Both Mayor Moore and Commissioner Wische had a problem with this. Mayor Moore felt this went right back to the Architects again. He asked if the room in the Building Department is not big enough or does not comply with the Environmental Protection Agency's (EPA) regulations so that now the City is being asked to junk this blueprint machine and buy a new one, because the plans of the building depart- ment do not accommodate the relocation of the old machine. Olivia McLean, Director of Risk Management, explained that ~he machine the City has is so old, the proper specs to vent it properly cannot be found. It is not in compliance now and is a health hazard to the employees. It was recommended ghat the City buy a new machine and make sure it is vented properly. Ms. McLean's office received a recommendation ~hat the machine should be by an exterior wall. It can be properly vented through the ceiling. It is not properly vented now. Mayor Moore remarked that this situation was in existence when the City had the plans drawn. They knew there had to be a blueprint machine in the City. Mayor Moore questioned whether that would be another extra. Don Jaeger, Building Official answered that it probably will be an extra, but he assumed the venting would be done in-house. Mr. Jaeger informed Commissioner Weiner that the existing machine works perfectly, but they cannot vent it properly to meet Occupational Safety and Health Agency (OSHA) 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 standards. Ms. McLean added that the machine is not in a proper room. So that the City will have no further liabi- lity, she suggested that professionals (preferably the com- pany the City buys the machine from) vent it rather than venting it in-house. There was discussion about whether the machine could be properly vented under today's standards. In answer to a question from Commissioner Wische, Mr. Jaeger stated that until the second floor was built on the building, it had been vented through the roof, and there were no problems in ~he room. He thought contingencies were not made to bring ~he machine to the second floor and vent it properly. Ms. McLean explained to Vice Mayor Olenik that the fumes the ~achine gives off in its present location are not meeting 0SHA's standards. She referred to a memo from Bill DeBeck, project Manager, stating that he contacted the manufacturer ~f the present machine, and they could not give proper vent- ~ng standards for the present machine because of its age. Ms. McLean then recommended to the Interim City Manager that ~he City purchase a new machine on an emergency basis because the City has been notified twice there is a problem and health hazard. ~f they moved the existing machine to an exterior wall and ~ented it out the side of the wall, Vice Mayor Olenik asked ~f they would be in compliance with OSHA standards. ~r. Hunt answered, "No, because of the age of the machine. · he standards are no longer measurable." Mayor Moore asked what amount of money they were talking about. Mr. Sullivan answered if the machine is ammonia based, it would cost $1,600. A non-ammonia based machine ~ould cost around $2,200. A Xerox machine, which is a dry process, would cost considerably more. Mr. Sullivan informed Commissioner Weiner the City will get a $200 rebate 0n the existing machine. For $900 a year, the City can Obtain filters that would be changed monthly, which would bring the existing machine into compliance. Commissioner Weiner asked whether the existing machine would have any ~esale value. Mr. Sullivan did not believe so. Mr. Jaeger informed Vice Mayor Olenik an interior area on ~he second floor of the Building Department has been designated as the blueprint room. Vice Mayor Olenik asked if it could successfully be vented to the roof. Mr. Jaeger answered affirmatively. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 O. Consider approval to transmit Road Impact Fees to Palm Beach County Grady Swann, Finance Director, advised in his memorandum to Mr. Hunt, dated October 18, 1989, that $188,421.92 ($192,267.25 less 2% administrative fee) collected by the City during the period of July - September, 1989 should be remitted to Palm Beach County to be placed in trust for use in appropriate zones. P. Consider approval of Task Order No. 15 - Sewage Pump Stations ~310, 9408, and ~411 By memo dated October 23, 1989, John Guidry, Director of Utilities, requested approval of this Task Order for engineering services from CH2M Hill. Vice Mayor Olenik inquired whether any complaints had been received about odors at the lift station on N. W. 19th Avenue and Seacrest Boulevard. Mr. Guidry answered the City is cognizant of that. Vice Mayor Olenik felt something should be done because it is next to residential homes. Q. Consider approval of quotation for dry cleaning - Police Department The Tabulation Committee recommended awarding the dry clean- ing to Boynton Plaza Cleaners, Boynton Beach, for 85¢ per shirt and 90¢ per trousers. This price has been the same since 1986. Vice Mayor Olenik questioned whether the City does this because it is a negotiated Union issue. He wondered if that was the only Union the City negotiated with for getting bids for dry cleaning. Police Chief Hillery answered that this way, the Police Department knows the clothes will get cleaned for a set price. R. Consider approval to renew Bethesda Hospital Wellness Program William Sullivan, Personnel Director, in his memo of November 2, 1989, stated this renewal will allow Board Members to participate in the program, but they will pay for their screening. He wished to extend this option to the spouses of employees along with their dependent children that are 15 years of age or older. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Vice Mayor Olenik asked if the cost had changed since last year. Mr. Sullivan answered there was an increase. He thought it was $5.00 over last year. Vice Mayor Olenik noted the orientation session for the Fitness Center is not the evaluation. $30 is paid for the orientation session. Vice Mayor Olenik wondered if orientations could be done in-house. Mr. Sullivan replied that ultimately, the City hopes to do that. Right now, the City does not have the time. Vice Mayor Olenik questioned item ~4, "Incentive Programs", in the amount of $500, which he was reluctant to approve when there were no details. Mr. Sullivan informed him this would be an in-house teaching program. There will be incentives such as one department competing with another to lose weight. It would be a one time cost. S. Consider approval to install Monitor Wells for Diesel Tank in Eastern Wellfield John Guidry, Director of Utilities, advised in his memo of October 30, 1989 that the cost of the wells would be $4,882 +/- $15.50 per foot. William Sullivan, Director of Purchasing, wrote in his memorandum of November 2nd that all underground storage tanks, as well as any above ground ~anks, that are 250 gallons or more require monitoring in Order to meet State regulations. T. Consider approval of final award of bid for Fire Station ~3 The Purchasing Department concurred with Bill DeBeck, Project Manager, to award the bid to S. T. Wicole Corporation of Florida, Pompano Beach, FL, for the total amount of $1,560,000. Police Substation Mayor Moore wanted someone to look at the possibility of putting a Police substation in the north end. He felt it would be an ideal place for a couple of men and a car. Vice Mayor Olenik thought they meant the north end along Seacrest Boulevard, not Congress Avenue. He thought they should look at the distance between the station on Miner Road extended and the area from the north end where a substation is desired. The main station on Boynton Beach Boulevard is probably as close. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Discussion re Fire Station Vice Mayor Olenik inquired whether the fire station would be within the budget that is set up. Mr. Hunt answered affirmatively. He added it is the contract price to the Contractor. It does not include the soil testing and the associated costs. Vice Mayor Olenik asked if the Contractor would not be sub-contracting. He inquired whether all of the costs the City knows about today will bring the City in on budget with the project when the project is completed. Mr. Hunt replied all of the money is budgeted. The final budget will be $1,585,000 because of lab testing and things that will have to be done. This was the low bid. Mayor Moore asked if the Building Department would certify the plans are in total accordance with the City's Code. Mr. Jaeger did not know whether the staff comments were addressed in full. Mr. DeBeck apprised the Commission that three sets of drawings were turned into the Building Department for their review on Friday (November 3, 1989). All of the comments given were returned, and the pages where corrections were made were noted. Until the Building Department reviews that, Mr. Jaeger could not answer Mayor Moore's question. Mayor Moore questioned how the Commission could make a decision. He asked if they could guarantee for the record there would be no field order changes or change orders because of the discrepancy of Code violations. Mr. DeBeck answered the drawings returned to the Building Department were the same drawings they reviewed before. All they did was delete things, so there should not be any additional comments. Mr. Jaeger interjected that oftentimes, all of the comments are not addressed. ~ice Mayor Olenik inquired whether the Contractor saw the drawings and agreed to the dollar amount, based on the comments of the Building Department. Mr. DeBeck answered %hat the Contractor saw that set of drawings. Each comment given them by the Building Department was met. The drawings were gone over with the Architect and Mike Haag, Development Compliance Administrator, item by item three weeks ago, before they were turned into the Building Department for final review. If the Contractor failed to answer one of the comments on final review, Vice Mayor Olenik wondered if the City could hold the Contractor to the cost because the Contractor 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 agreed to do it at this cost with those comments. Mr. DeBeck answered affirmatively. Vice Mayor Olenik commented this would be on the record. Mr. DeBeck pointed out it was not to say something could have been missed in previous reviews. Vice Mayor Olenik thought they would be tying the Contractor to meeting all of the comments of the Building Department. Vice Mayor Olenik told Mr. Hunt at a future meeting he wants tio see a rendering of the Fire Station as it is with whatever changes there are now to see if any major aesthetic changes have been made to bring it within the budget. Mr. Hunt aipprised him that primarily, the budget cuts were made to the ilnside of the building, and he explained. Mr. DeBeck told what had been removed and added that the pistol range did not change on the exterior. Vice Mayor Olenik felt ten months was a long time to build the project, and he thought it would be beneficial for the Commission to have a time chart on the project. He also wanted to see a breakdown on the $1,560,000. Mr. DeBeck responded that in any contract, a Contractor is required, at the signing of the contract, to produce a time line graph. He must also produce a cost by cost itemized breakdown of his costs. Vice Mayor Olenik asked when they could issue a notice to proceed. Mr. Sullivan answered that the Contractor will submit the contract documents tomorrow. He must return them with his bond and an insurance certificate. When they come into compliance, the City Attorney will have a notice to proceed. Mayor Moore stated he would vote against this. The City was burned once, and they were going back with the "same guys, same recommendation, and the same advice." The Building Diepartment has not completed its research. Commissioner Wische thought it should be tabled until the next meeting, when all of the reports could be in. Mayor Moore wanted someone to tell him and stand behind it that there will be no field change orders unless the Commission approves them. H~ emphasized that he will not have any change orders and do anything without the Commission's knowledge. No Code violations will go in like they did on City Hall. He pointed out that they were dealing with the same players. Vice Mayor Olenik replied they were not dealing with the same players. Mayor Moore noted they had the same Architect. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Vice Mayor Otenik argued there would be a different Contractor. He asked if Mayor Moore was not putting any blame on the Contractor. Mayor Moore answered, "No." Motion Commissioner Wische moved to TABLE this item until the Commission receives all of the reports from the Building Department. Mayor Moore passed the gavel and seconded the vote. Vice Mayor Olenik hoped they would not delay this so there would not be a fire station in the western area of the City for the protection of the citizens there. Commissioner Wische wants to make sure it will be right before he votes for it. A vote was taken on the motion. The motion carried 3-1. Vice Mayor Olenik voted against the motion. U. Consider approval of special event sign - Boynton Beach Health Fair - November 18, 1989 Wilfred Hawkins, Assistant to the City Manager, requested approval to erect this sign at the northwest corner of N. Seacrest and N. W. 12th Avenue. V. Consider approval of lien appeals 1. Case %87-982 Address of Violation: Current Lien: James Mathis 321 N. W. 2nd Street $5,150.75 Mr. Mathis is a senior citizen on a fixed income and is an amputee. The staff recommended a reduction to $128.76, the administrative costs. 2. Case ~89-501 Name: Address of Violation: Current Lien: Sergio Aponte 2501 N. Seacrest $16,862.09 Blvd. The property was found in compliance July 24, 1989. Due to the amount of the lien and the circumstances in the case, staff recommended a reduction to the administrative costs of $421.55. W. Approval of Bills See list attached to the original copy of these minutes in the Office of the City Clerk. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Bill 435 - Seppala & Aho Since they pulled Change Order 4s 23 and 26 (items G and H above), Commissioner Wische felt bill 435, Seppala & Aho, in the amount of $40,243.49 should also be pulled. Mr. Hunt explained this was for weekly draws for work they have done. There was discussion about what work had been done. Mr. Offutt, Seppala & Aho, informed the Commission the requisitions before them were for the Subcontractors' work performed six weeks ago. One requisition was not turned in previously. If the Commission tabled this, they would be stopping the Contractor from paying people that performed work on the project. The Architect authorized the payment. The Contractor was entitled to the payment, as well as the Subcontractors. Vice Mayor Olenik called attention to the work that has been going on at City Hall. He asked Mr. Offutt why he denied at a previous meeting that he worked for the underwriter, U. S. F. & G. Corporation, when he was specifically asked this question by the Commission. Mr. Offutt answered that he denied it, which was correct. He does not work for the United States Fidelity and Guaranty Corporation, although he has worked for them in the past. Mr. Offutt stated that he works for Seppala & Aho and is on their payroll. To explain his situation, Mr. Offutt told the Commission he works for Surety Companies, Contractors, and Architects throughout the United States. He was contacted by Seppala & Aho because U. S. F. & G. recommended him to them. Seppala & Aho hired Mr. Offutt as an independent Consultant to complete this project for them. He is not now on the payroll of U. S. F. & G. for this project, nor has he ever been. In talking to U. S. F. & G., Mayor Moore said they strongly recommended to Seppala & Aho that Seppala & Aho get a man with Mr. Offutt's qualifications. Bill 44 CH2M Hill Southeast Florida Office Mayor Moore questioned this bill. Mr. Guidry explained this was for progressive work. Bill 43 - American States Insurance Company Ms. McLean explained to Mayor Moore that this bill covers the renewal of property insurance. It is $6,000 less than what the premium was last year, even though about $1,000,000 was added. The City received one proposal from the Florida Municipal League. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMEER 7, 1989 Bill 97 - Corporate Design Interiors, Inc. - $8,700 Mr. Hunt informed Mayor Moore the City people to move design interiors around. the installation of new material. is training its This bill was for Bill ~11 - Door Center $14,190.45 Mayor Moore noted this was for four doors. Mr. Guidry answered they are fiberglass doors for the lift stations and water plants. Fiberglass is bought because the others rust and fall down. Bill ~27 - Morgan, Lewis & Bockius $4,420.68 Mr. Hunt told Mayor Moore this firm is the City's Labor Attorneys. Bill ~37 - Slawson, Burman& Critton $7,585.29 Mayor Moore commented that this firm represents the City in ~he Tradewinds litigation. Ne asked if the City is even With them. City Attorney Rea answered affirmatively. Bill ~40 - Spalding - $4,587.20 Mayor Moore wondered why this was not handled through the Golf Course, as he thought they were self-sufficient. Mr. Hunt answered that the Golf Course does not have an accounting department. Bill ~47 - Paul A. Turk, Jr., P. A. Mayor Moore noticed another $7,140 was being paid in the Morey's litigation, and he asked if this would be the end of ~hat. City Attorney Rea replied it was the end of Attorney Turk's bills. The City has not yet received a bill from the Other side. Bill ~45 - Tree Movers - $11,250 Vice~ ~aYor Olenik asked where the trees are. Mr. Frederick answered they are at Public Works. The large Royal Palm is in front of this building, on Boynton BeaCh Boulevard. Motion Commissioner Weiner moved, seconded by Commissioner Wische, t~o approve the Consent Agenda with the exception of items G 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 and H, which were pulled from the Consent Agenda, and item T, which was TABLED. The motion carried 4-0 with the exception of Bill %s 28 and 29, "W. Approval of Bills." Vice Mayor Olenik abstained from voting on those Bills. (See Form 8B, Memorandum of Voting Conflict attached to the original copy of these minutes in the Office of the City Clerk.) BIDS A. Knuckle Boom Crane · TABLED Mr. Hunt advised that City Staff met with the bidder. The bidder's crane proved to be less than satisfactory. Mr. Hunt believed this could be pulled from the table. Mayor Moore did not have enough information to know whether a private contractor could handle it. Mr. Guidry stated the equipment would be for a wellfield. They were looking at waste water, and the City has to do the maintenance. Mayor Moore recalled the first time they talked about it, it was to be in conjunction with the lift stations. Mr. Guidry replied that every department uses the equipment. Vice Mayor Olenik moved to remove this item from the table, seconded by Commissioner Weiner. Motion carried 4-0. In a very short time, Vice Mayor Olenik said the City pays for the crane. He moved to approve the bid for the knuckle boom crane. Commissioner Wische seconded the motion, and the motion carried 3-1. Mayor Moore voted against the motion. PUBLIC HEARING None. PUBLIC AUDIENCE Grand Opening Signs - Texaco, east of 1-95 on Boynton Beach Boulevard Gregory A. Friedman, 19260 Chapel Creek Drive, Boca Raton, FL 33434-5127 stated he is taking over the Texaco dealer- ship located just East of 1-95 on Boynton Beach Boulevard, on the north side of the street. He asked for permission to put up the following signs for a duration of 31 days, so the community will know it is changing hands: 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 7, 1989 1) 5' high flags - 12 along the front of the property 2) Streamers - from the canopy to the building 3) Promotion Banners - between the pump island canopy posts Mr. Friedman gave a letter and drawing to the Commission. Vice Mayor Olenik moved, seconded by Commissioner Wische, to approve the signs. Motion carried 4-0. Landscape Plan for City Hall Dan Boyar, 712 S. W. 3rd Avenue, Lake Boynton Estates, !ooked at the landscape plan for City Hall. He wondered if it was too late to get on the agenda for the Community Appearance Board (CAB) to provide input. Mr. Boyar gave suggestions. Mayor Moore stated he would have to get on the CAB's agenda and go through that process. Tradewinds Mr. Boyar read in the paper that the Tradewinds project is being modified, and he explained. Mr. Boyar hoped the Commission was keeping on the back burner that the City would like to preserve some of the native vegetation existing on site. The developer has not expressed an interest to do ~his. Mr. Boyar made recommendations. Mayor Moore advised ~he site plan was approved. It was also approved in Tallahassee. He did not think what Mr. Boyar was addressing Was now in the plan. Mayor Moore referred him to the Attorneys for Tradewinds, who were in the back of the room. Workshop Meeting re Water Conservation In the future, Commissioner Weiner wanted the Commission to have a workshop meeting with Mr. Boyar, Mrs. Stella Rossi, and people interested in the environment on how the City can conserve water by the use of native plants. Mr. Boyar stated ~hey could plant all of the water conserving plants they Want, but something must be done about growth. Vice Mayor Qlenik thought the City could take an active role in develop- ing guidelines for Xeriscaping. He told of learning about this when he was on the CAB. Vice Mayor Olenik referred to an Ordinance Highland Beach has and thought the Commission should direct the CAB to look at that. Mr. Boyar said Highland Beach's Xeriscaping uses almost entirely non-native plants. If they do not use native plants, they are losing Florida. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Tradewinds Martin Perry, Attorney for Tradewinds, Suite 1000, 1665 Palm Beach Lakes Boulevard, West Palm Beach, FL 33401, thought they indicated to Mr. Boyar a few months ago they would attempt to work with him. They are still willing to sit down and work with him. Veterans' Day Bob Bonovy, 2521 S. W. llth Street, a Member of American Legion Post 164 and VFW Post 5335, and Chairman of the Boynton veterans' Council, extended an invitation to the citizens of Boynton Beach to attend Veterans' Day services on Sunday, November 12, 1989 at 2:00 P. M. at Veterans' Park, located across the street from the Winn-Dixie Shopping Center on North Federal Highway. Mayor Moore will be the main speaker. Lighting on Hypoluxo Road - Boynton Lakes North Richard Roeding, 3 Verwood Way, pointed to a problem with safety on Hypoluxo Road regarding the Boynton Lakes North development. There is very little light at the intersections of Paxford Lane and Hypoluxo Road and Boynton Lakes North. Mr. Roeding explained the need for lighting and told Vice Mayor Olenik he was talking about street lighting only. Vice Mayor Olenik advised Hypoluxo Road is a County road. Commissioner Weiner suggested the City Commission send a letter to the County Traffic Division. Vice Mayor Olenik thought they should send a letter to the Traffic Engineer. Mayor Moore said the City would check it out and get back to Mr. Roeding. Mayor Moore heard there was approval for signalization at the main entry way of Boynton Lakes on Congress Avenue. Poinciana School Wilda Searcy, 402 N. E. 13th Avenue, said Superintendent Mills and Arthur Anderson called her about moving the school. They want the community to fix up the sidewalks and make places for the children to walk. Both Superintendent Mills and Mr. Anderson said this is being neglected by the City. Mayor Moore understood Mrs. Searcy to say they were going to close the school. Mrs. Searcy stated it will be moved to Jog Road. Mayor Moore replied that he would check on it in 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 the morning and call her. The person he checked with heard nothing about it. DEVELOPMENT PLANS A. Presentation on Affordable Housing - Requested by Vice Mayor Olenik Thomas G. Hinners, Florida Affordable Housing Inc., 4723 West Atlantic Avenue, Suite 9, Delray Beach, FL 33445, representing the Auburn Trace Joint Venture, which is presently building an affordable housing unit in Delray Beach. Auburn Trace will have an 18 hour child care center, 24 hour security, and many other amenities made possible by the City of Delray Beach. Mr. Hinners said they have been in contact with Commissioners and the City staff with regard to a proposed development similar to Auburn Trace in Boynton Beach. Booklets were distributed to the Commission. The proposed affordable housing would be 241 two and three bedroom apartment units plus an 18 hour child care center on 23.8 acres zoned R-3, Multiple Family, south of 20th Avenue between Seacrest and Federal Highway. Rents would be restricted to rents which would be affordable to households earning less than 60% of the median incomes of Palm Beach County. In Boynton Beach, this equates to rents starting at $335 per month for a one bedroom unit to $380 per month for a two bedroom unit and $425 per month for a three bedroom unit. Mr. Hinners stated they are applying to the State of Florida for a second mortgage loan under their new loan program for affordable housing. In the first round of funding under this program one year ago, the difference between develop- ments funded by the State and those which were not revolved around whether or not they received local funding assistance. Mr. Hinners continued by saying they have also been meeting with County staff regarding possible County assistance for this development. Last week the County staff advised if the City of Boynton Beach would support this affordable housing development with at least $200,000 of assistance at this meeting tonight, they would recommend $1,000,000 of assis- tance from the County for approval at their November 14th County Commission meeting. Mr. Remar Harvin and Mr. Douglas Dawson of the County were present to monitor the City's feelings toward this affordable housing. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Mr. Hinners explained that $1,200,000 of support would be 10% of the total development cost of $12,000,000 for this development. This would automatically give the applicant the maximum points available for local government support. Mr. Hinners requested two forms of assistance: (1) Provision for a sewer lift station needed for the development, which has already been budgeted by the City. (2) Utilizing a portion Of either the gas tax monies or Community Improvement monies Go reimburse them over two years from now for the cost of Constructing N. E. 4th Street between N. E. 20th Avenue and N. E. 16th Avenue. The City Planners asked that they dedi- cate a 60 foot right-of-way from the property they are acquiring to bring N. E. 4th Street through, since they feel it would be beneficial for traffic circulation. Mr. Hinners said their engineering firm estimates the cost of road construction at approximately $75,000. They are proposing to build the road and be reimbursed by the City for the cost at the maximum of $80,000, payable at the time of completion Of the entire development, which is estimated to be December of 1991. What surprised Commissioner Weiner was this was the first time the Commission had seen this, and there was to be a decision by November 14th. She understood they could not even begin without this first step. Mr. Hinners confirmed that was correct. There was discussion about the lift sta- tion and gas tax money. Mr. Hunt informed Commissioner Weiner that the City has gas tax money allocated. However, ~bout $67,000 is in a reserve contingency. Mr. Hunt felt the City could come up with $80,000 without adversely affecting the program. Commissioner Weiner wondered if money could come from Community Improvement. Ms. Broomfield advised Community Improvement did not have the money to support that type of project. Mayor Moore was unprepared to make this kind of commitment ~onight. Vice Mayor Olenik asked what other costs, from an impact fee, or users fee, the City would charge a developer of this type for a park or open space. As this would be a rental community, City Attorney Rea advised it would not be ~oing through the process for that type of fee. Park fees ould not be applicable. Commissioner Wische recalled the City received $355,400 from the Palm Beach County Department of Housing and 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Community Development (HCD) for the 1988/89 fiscal year. Of these funds, $100,000 will be used to expand and improve Sara Sims Park. $150,000 will be used to assist the vacant lot ~nfill program designed to bring affordable housing to vacant lots in residential areas, yet they say there is only $27,000. Ms. Broomfield answered that was a different grant. The $27,000 is part of the $350,000 budget approved by the City Commission. All of those are funds coming from the City. In addition to that, $150,000 was received from HCD for the acquisition of land to complement the infill construction program. They cannot take dollars from that program for ~his program. The City is in the process now of reviewing proposals that were submitted to it for the expenditure of those dollars. Commissioner Wische asked where the City would get the ~200,000, if they approve this plan. Ms. Broomfield replied ~hat $125,000 for the pump station was just approved tonight. The only additional funds they need is $75,000 for N. E. 4th Street. There were other comments about funding. There was discussion about the budget in Community ~mprovement for housing programs in the City, how much money is being spent on renovation programs, how fast the projects have been moving, and how many active cases there are. Ms. Broomfield stated that it takes time to spend ~hose dollars. Commissioner Wische wanted a commitment that they could ~llocate the $75,000 from the Community Improvement funds. Mr. Hunt interjected there are gas tax monies available. $67,000 is in a contingency reserve. Mayor Moore was uncomfortable with throwing $350,000 on the ~axpayers when they did not spend $350,000 the one or two years before. Now the Commission was being told the money ~n the Community Improvement budget cannot be used for this purpose. He was also uncomfortable with someone coming in tonight saying if they do not allocate $200,000 tonight, the plan will "fall down the tube." Mayor Moore asked Ms. Broomfield if she endorsed this program because if she did not, it would fall back in her lap. Ms. Broomfield was not going to guarantee there would not be a problem in cost overruns in this project. They were at the initial stage where they would need a certain amount 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 to submit an application for the sale of the program. In order to do any construction, they will have to submit construction plans to the City. Ms. Broomfield stated she would support a project that would build affordable housing in the City. She had submitted a memo to the City Commission indicating she reviewed the written proposal and supported the builder's application for the sales program. Mayor Moore asked if Ms. Broomfield ever heard of any problems with Auburn Trace in Delray Beach. There were further comments, and the name Leonard Briscoe was mentioned. Mr. Hinners assured Mayor Moore that Mr. Briscoe had competed for the development. In response to a question from Vice Mayor Olenik, City Attorney Rea advised if the developer cannot get a perfor- mance bond for the project, they cannot build the project. Vice Mayor Olenik understood the dollars would not be committed until the project is built. Discussion ensued about the location of the project, the child care center, and senior citizens. Motion Vice Mayor Olenik moved to commit $200,000 ($125,000 to be taken from the cost of the lift station and the other $75,000 from gas tax monies). He added that he would not have a problem with taking half from the gas tax monies and half from Community Improvement. Commissioner Wische seconded the motion. Commissioner Weiner did not want to commit 1/2 from Community Improvement, but she would be agreeable to granting just whatever would be needed after they use the gas tax money. Vice Mayor Olenik had no problem with that. Amendment to Motion After comments by Mayor Moore and Mr. Hinners, Vice Mayor Olenik agreed to add to his motion that the motion would be contingent upon Mr. Hinners getting $1,000,000 from the County. This was suggested by Commissioner Wische, who then seconded the amended motion. A vote was taken on the amended motion, and the motion carried 3-1. Mayor Moore voted against the motion. Remar Harvin, Palm Beach County HCD, felt things were going smoothly until the motion was amended. He wanted Boynton 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Beach to take a leading role and endorse the project. After explaining, Mr. Harvin said these projects take a long time to prepare. He asked the Commission to remove the contingency from the Board of County Commissioners and commit the $200,000. If the County Commission approves less than $1,000,000, Vice Mayor Olenik asked if that would affect a point toward ~t in the sale application, at which time the State will take the highest point getters and award the monies to them. Mr. Hinners confirmed that was correct. Mayor Moore did not see anything wrong with the motion the way it stood. ~urther discussion ensued about the motion. The motion ~tood as carried. LEGAL A- Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-37 Re: Revised Beach Decal Ordinance ~ity Attorney Rea read proposed Ordinance No. 89-37 on Second and final reading, by title only: 'iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16 PARKS AND RECREATION, ARTICLE II CITY PARKS & BEACHES, SECTION 16-82 RAISING THE RESIDENT TEMPORARY PARKING PERMIT FEES OF RESIDENTS FROM $5.00 TO $7.00; RAISING THE FEE FOR REPLACEMENT DECALS FROM $3.00 TO $5.00; RAISING THE FEE FROM $3.00 to $5.00 FOR GUESTS STAYING WITH RESIDENTS; PROVIDING A REPEALING CLAUSE; ~ROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; pROVIDING A5~ EFFECTIVE DATE AND FOR OTHER PURPOSES" As no one in the audience had any input for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. ~ommissioner Wische moved to adopt proposed Ordinance No. ~9-37 on second and final reading. Vice Mayor Olenik ~econded the motion~ A roll call vote on the motion was ~aken by Mrs. Boroni, City Clerk: i Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Weiner - Aye Commissioner Wische - Aye 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Motion carried 4-0. 2. Proposed Ordinance No. 89-38 Re: Adoption of Comprehensive Plan City Attorney Rea read proposed Ordinance No. second and final reading, by title only: 89-38 on "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPT- ING THE 1989 CITY OF BOYNTON BEACH COMPREHENSIVE PLAN, PRO- VIDING FOR THE AUTHORITY FOR THE ADOPTION OF THE COMPREHEN- SIVE PLAN; PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR THE ADOPTION OF THE 1989 BOYNTON BEACH COMPREHENSIVE PLAN; PROVIDING FOR PREEMPTION OF THE COMPREHENSIVE PLAN OVER LESS RESTRICTIVE DEVELOPMENT REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCE NO. 79-24 AS AMENDED, AND FOR REPEAL OF OTHER LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVID- ING AUTHORITY TO CODIFY; PROVIDING FOR EFFECTIVE DATE; AND FOR OTHER PURPOSES" Debbie Orshefsky, Attorney at Law, 500 East Broward Boule- yard, Fort Lauderdale, representing Gold Coast Savings Bank, owner of a six acre parcel located on the west side of Seacrest Boulevard around Miner Road, explained that the bank acquired the property through foreclosure. The bank is mot a developer. After having evaluations performed, the bank determined they could not use the property for single family development, as proposed under the Comprehensive Plan amendment. The bank was seeking to have a small neighbor- hood center that would provide community services there. Attorney Orshefsky asked the Commission to keep the entire six acre parcel Commercial. Mr. Cannon pointed out that the Commission had a map showing the property. The way it stood now, the property occupied by Mr. Grocer convenience store and a small vacant area around it would remain Commercial. Most of the site the bank owns would be changed to a Moderate Density classifica- tion, which would allow for single family housing. Mayor Moore wanted to know the rationale for changing the zoning. Mr. Cannon replied that the property has been zoned Commercial since the early 1960s. The only thing that has been constructed there is the convenience store. The market in the area is not expanding. It consists mostly of moderate income households. Mayor Moore asked whether anyone would want to live there. Mr. Cannon answered there has been steady infill on the 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 vacant lots over the years. He and Mayor Moore further commented about the property. Mayor Moore asked how much of the parcel would be retained as Residential. According to Attorney Orshefsky, Mr. Cannon replied about 4½ acres would change to Residential. About two acres will stay Commercial. Attorney Orshefsky stated another acre or so will also be zoned Residential. The bank was advised it would be much better off if all of.the property could be Commercial so they could bring in neighborhood retail uses. Commissioner Wische asked why Attorney Orshefsky felt it Would be a detriment to have the property zoned Residential. Attorney Orshefsky replied part of the problem was the small configuration of the property. It was a distressed property for the bank. The bank believes it can get its value and do something for the property if it is a Commercial parcel. The bank is very concerned about its ability to develop 3½ acres and the one small acre parcel because the bank is not a developer. There were further comments. Vice Mayor Otenik felt the area was residential and always had been, except for Mr. Grocer. He could not see the City retaining the area as Commercial. Michelle Costantino, 155 Flamingo Drive, stated, after discussion about prior zoning changes and the 1979 Compre- hensive Plan, that she preferred to have it all go Residential. Mr. Grocer is a hindrance to the community. The problem is unbearable. Mrs. Costantino referred to drugs, prostitutes, and trash. Attorney Orshefsky responded that many of Mrs. Costantino's concerns are concerns of the bank. They would like to market the property. The bank is trying to bring investment in. They are not getting any nibbles on Residential but they are on Commercial. Dan Corbett, Attorney at Law, 2000 PGA Boulevard, Suite 3220, Palm Beach Gardens, a former business resident, and representing a client, reiterated recommendations he had ~reviously made. He thought the City needed to adopt the concept of a municipal activity center in the northeast quadrant of two principal intersections (I-95 and Boynton Beach Boulevard and 1-95 and Woolbright Road). Mr. Corbett thought the concept could be adopted in all quadrants of the intersections, but he concentrated on the northeast quadrants because two schools are located in those quadrants. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Attorney Corbett thought the future growth of Boynton Beach would require a more intense urban development of those sites. One way to help the School Board relocate to more appropriate locations would be to adopt a district, which would be an overlay district and a municipal activity center that would permit present institutional or school zoning along with whatever other uses the Commission would deem appropriate. As an example, Attorney Corbett said Galaxy could contribute to the preservation of the scrub. It would still permit the School Board to come out with money to relocate the school to a more appropriate area and leave the City with a tax base. Attorney Corbett thought the districts deserved a lot of consideration. Attorney Corbett was also representing the advocates of the parcel known as the Seacrest scrub. His survey showed it is 53.69 acres. The County listed it as being 45 acres with an acquisition price of $2,700,000. Attorney Corbett stated the property is for sale by the owners, and they hope the public will buy it. He told the Commission the asking price is $2,650,000. The County expressed a clear interest in the parcel but is trying to come to terms as to how to fund the money to acquire it. Attorney Corbett thought there may be a combined way it could be worked out. As no one else wished to speak in favor of or in opposition to the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. City Attorney Rea suggested removing the letter dated October 31, 1989, addressed to Robert Critton, Attorney at Law, from Martin Perry, Attorney at Law, from the book entitled "Proposed Revisions to Comprehensive Plan Docu- ments,,, as it was a separate issue unrelated to the approval of the Department of Community Affairs (DCA). Attorney Perry agreed to this. Mr. Cannon explained that the Commission had revised language concerning Tradewinds, which was handed to them tonight. If the language that was Spelled out is put into the support documents, it should take care of it. Mr. Cannon advised that the Commission should respond to the comments made in the Public Hearing. There was discussion about what procedure to follow. City Attorney Rea referred to Citrus Glen and the park dedication and questioned whether the text had been amended. Mr. Cannon replied that the City had not amended anything. He referred to a cover memo with eight pages of revisions to the docu- ments the Commission previously received. The Commission 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 would be approving the document, subject to the changes in his cover memo. Citrus Glen and the park area were covered in the memo. (See book entitled "Proposed Revisions to Comprehensive Plan Documents") in the Office of the City Clerk. Mayor Moore asked for a consensus on the Commercial change requested by Attorney Orshefsky. Vice Mayor Olenik did not wish to change the zoning. Neither did Commissioners Wische or Weiner. The consensus was 3-1 with Mayor Moore voting against having the zoning remain status quo. Mr. Cannon recalled Attorney Corbett made his comments at previous meetings. It was the consensus of the Commission on the Boynton Beach corridor that the Commercial use between 1-95 and Seacrest Boulevard would be allowed to increase by one block. It would be changed to Office/ Commercial use. That was somewhat different from expanding the uses at the intersections. Mayor Moore stated they should leave it alone. Mr. Cannon recalled the uses at Woolbright Road and 1-95 were discussed at length, and it was decided to change that row of blocks along Woolbright Road to Office use. With regard to the South Seacrest scrub, Mr. Cannon said there is a policy in the Conservation Element that the City is supposed to come up with an acquisition program for the scrub sites within one year. In essence, the City had already addressed that comment. Mr. Hunt referred to the five comments from Ocean Ridge. Four related to the inconsistency of the extension of Boynton Beach Boulevard across the Intracoastal. The fifth one dealt with the inconsistency and their plan for the four laning of the Woolbright bridge. City Attorney Rea said the Commission would be approving the changes to the text that Mr. Cannon provided to them. Vice Mayor Olenik moved to adopt proposed Ordinance No. 89-38, subject to the changes shown in the book entitled "Proposed Revisions to Comprehensive Plan Documents" in the Office of the City Clerk. Commissioner Wische seconded the motion. Mrs. Boroni, City Clerk, took a roll call vote on the motion: 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Vice Mayor Olenik Commissioner Weiner Commissioner Wische Mayor Moore Aye Aye Aye Aye Motion carried 4-0. THE COMMISSION TOOK A RECESS AT 8:30 P. M. The meeting resumed at 8:40 P. M. 3. Proposed Ordinance No. 89-40 Re: Amendments to Industrial Waste and Pretreatment Sections of Code of Ordinances City Attorney Rea read proposed Ordinance No. 89-40 on second and final reading, by title only: ,AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, 'WATER, SEWERS AND CITY UTILITIES'. ARTICLE IV 'SEWERS', DIVISION 2. 'DISCHARGE TO REGIONAL TREATMENT FACILITY GENERALLY' OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMEND- ING SUB-SUBSECTION 26-89(c)(9)a. TO INCREASE THE FINE FOR A VIOLATION; BY ENACTING A NEW SUB-SUBSECTION 26-89(c)(9)c. T© PROVIDE THAT A VIOLATOR MUST RE-SAMPLE THEIR DISCHARGE FOLLOWING A VIOLATION; BY ENACTING A NEW SUBSECTION 26-85(6) P~QUIRING USERS TO GIVE NOTICE OF A CHANGE IN THE NATURE OF THEIR DISCHARGE; BY ENACTING A NEW SUB-SUBSECTION 26-83(4)c. TO REQUIRE SAMPLING OF DISCHARGES FOLLOWING THE ISSUANCE AND REISSUANCE OF PERMITS; BY AMENDING SUB-SUBSECTIONS 26-80(4)g. AND 26-80(4)h. TO PROVIDE FOR REVISED DISCHARGE LIMITS TO THE P.O.T.W.; PROVIDING THAT EACH AND EVERY OTHER pROVISION OF CHAPTER 26 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner weiner, seconded by Commissioner Wische, to adopt proposed Ordinance No. 89-40 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni, City Clerk, as follows: Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Aye Aye Aye Motion carried 4-0. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 B. ORDINANCES - 1st Reading 1. Proposed Ordinance No. 89-41 Re: Amending Ordinance 89-32 to correct a scrivener's error "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-32 TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO THE SUM APPROPRIATED TO THE GENERAL FUND; PROVIDING TPIAT EACH AND EVERY OTHER TERM AND PROVISION OF ORDINANCE NO. 89-32 S~LALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Olenik moved to adopt proposed Ordinance No. 89-41 on first reading, seconded by Commissioner Wische. Mrs. Boroni, City Clerk, took a roll call vote on the motion: Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Aye Aye Aye Motion carried 4-0. 2. Proposed Ordinance No. 89-42 Re: Annexation - Agape Bible Church, Inc. '~AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS !71.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE pROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Commissioner Wische moved to adopt proposed Ordinance No. 89-42 on first reading, seconded by Commissioner Weiner. roll call vote on the motion was taken by the City Clerk: A Commissioner Wische Mayor Moore Commissioner Weiner Aye Aye Aye Motion carried 3-0. (Vice Mayor Olenik had left the dais.) C. Resolutions 1. Proposed Resolution No. 89-KKK Re: One Stop Permitting for Movie and Television Projects City Attorney Rea read proposed Resolution No. 89-KKK by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ENDORSING THE CONCEPT OF A 'ONE-STOP PERMIT' PROGRAM FOR MOTION PICTURE AND TELEVISION PRODUCTION WITHIN THE CITY OF BOYNTON BEACH, TO BE ISSUED BY THE PALM BEACH COUNTY FILM LIAISON OFFICE OF THE TOURIST DEVELOPMENT COuNcIL; PROVIDING AN EFFECTIVE DATE" Commissioner Wische moved to adopt Resolution No. 89-KKK, seconded by Commissioner Weiner. Motion carried 3-0. 2. Proposed Resolution No. 89-LLL Re: Amending Resolution 89-UU to correct a scrivener's error City Attorney Rea read proposed Resolution No. 89-LLL by title only: "~A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. 89-UU, SECTION 10; TO CORRECT A SCRIVENER'S ERROR RELATED TO THE AMOUNT APPROPRIATED TO COMMUNITY REDEVELOPMENT AGENCY/COMMUNITY IMPROVEMBNT DEPARTMENT BUDGET" Commissioner Wische moved, seconded by Commissioner Weiner, t~o adopt Resolution No. 89-LLL. Motion carried 3-0. Proposed Resolution No. 89-MMM Re: 1-95/NW 22nd Avenue Interchange - State Project 93220-6435 - Utilities Adjustment City Attorney Rea read proposed Resolution No. 89-MMM by title only: 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN UTILITIES AGREE- MENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT OF-WAY LIMITS HEREAFTER DESCRIBED; AND PROVIDING FOR AN EFFECTIVE DATE" Qommissioner Wische moved, seconded by Commissioner Weiner, tio adopt Resolution No. 89-MMM. Motion carried 3-0. Mayor Moore informed everyone the City received information ~ate tonight from the Metropolitan Planning Organization (iMPO) that the State Department of Transportation (DOT) will make a motion to trash this project. They say they do not have funding. The City sent emergency letters for the project. Commissioner Wische did not believe the statement was true. When he attends the meeting, he will point out ~here are appropriated funds. Proposed Resolution No. 89-NNN Re: Widening Hypoluxo Road Vice Mayor Olenik returned to the dais. City Attorney Rea read proposed Resolution No. 89-NNN by title only: 'iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING INCLUSION OF THE WIDENING OF HYPoLUXO ROAD BETWEEN LAWRENCE ROAD AND CONGRESS AVENUE IN THE PALM BEACH COUNTY FIVE (5) YEAR ROAD CONSTRUCTION PLAN; ~ROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Vice Mayor Olenik moved, seconded by Commissioner Weiner, to ~dopt Resolution No. 89-NNN. Motion carried 4-0. 5. Proposed Resolution No. 89-000 Re: Ezell Hester, Jr. Rea read pkoposed Resolution No. 89-000 in its City Attorney entirety: 'iRESOLUTION OF THE CITY ~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RECOGNIZING THE MANY CONTRIBUTIONS THAT THE LATE COMMISSIONER EZELL HESTER, JR. MADE TO THE CITY OF ~OYNTON BEACH, FLORIDA" Commissioner Wische moved, seconded by Vice Mayor Olenik, to adopt proposed Resolution No. 89-000. Motion carried 4-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 D. Other 1. Consider approval of Interim City Manager Resignation Agreement After spending September putting the budget together, George Hunt, Interim City Manager, issued the Commission a memorandum on October 9, 1989 that included 13 major projects underway. Since then, another was added. By the first meeting in December, Mr. Hunt believed at least ten and maybe eleven of the major projects will be completed. While Mr. Hunt preferred to stay with the City as Interim City Manager until the Commission could select someone new and then at that point go back to the Assistant City Manager position which he had held for 5½ years, public comment in recent weeks and some comments made directly to him by Commissioners seemed to indicate there was a desire on the part of some Members of the Commission to make a clean break from the past. If the majority of the Commission chose to make that clean break, the agreement before them was an 6pportunity for them to do so. Commissioner Wische was sure Mr. Hunt was considering ~esigning. He felt Mr. Hunt should have afforded the Commission at least one day's notice. Commissioner Wische just walked in, and this was handed to him. He wanted time to think about it. Vice Mayor Olenik questioned whether Mr. Hunt's Attorney contacted all of the Commissioners. Mr. Hunt replied his Attorney had difficulty contacting Commissioner Wische and left some messages on his answering machine. He also received some busy signals. Commissioner Wische disputed that messages from Mr. Hunt's Attorney were on the answering machine. Commissioner Weiner preferred not to consider the Agreement. She wanted to keep Mr. Hunt in the position of Interim City Manager until such time as the City has a new City Manager. At that point, he would become Assistant City Manager. Commissioner Wische pointed out that no one asked Mr. Hunt for the resignation agreement. Since it was presented, he wanted to go over it to see what part of it he would or would not accept. Commissioner Weiner did not want to consider Mr. Hunt's resignation until the City has a new City Manager. The 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 resignation was dated November 10, 1989. Although they would be interviewing applicants for City Manager on the 10th, they had no way of knowing if they would have a new City Manager on that date. If Mr. Hunt would leave, Commissioner Wische had someone mind who would get votes from the majority of the Commission. He added that it would not be Don Jaeger. After discussion, it was decided to proceed item by item. Mayor Moore thought, at the present time, the internal operations of the City were not operating effectively or functionally. There is discord and a lack of courtesy to the public. It is a known fact there are charges being considered by the Ethics Commission. Mayor Moore thought a major portion of Mr. Hunt's time is now being spent defending himself against that. He did not think the City was effectively handling, on a day to day basis, the operation of its government. Mayor Moore thought Mr. Hunt was recognizing that by submitting his resignation. Mr. Hunt disagreed, and he stated the projects would be done by the first week in December. He thought Mayor Moore was alluding to comments he made in the past about having to Spend extra hours at the office tossing out "red herrings". This was the first time City Attorney Rea saw the Agreement. Vice Mayor Olenik explained that he was in City Hall at 2:00 P. M. today, which was why he received his copy earlier. The Commission agreed with paragraphs 1 and 2 of the Agree- ment. Commissioner Wische objected to paragraphs 3 and 4. There was discussion about Mr. Hunt's salary as Interim City Manager and as Assistant City Manager. Mr. Hunt advised it was $52,925, and it went up to $63,876. With regard to paragraph 5, Commissioner Wische asked if that was the normal procedure. He pointed out that paragraph 6 implied the City would pay Mr. Hunt $1,800 for ~he continuation of medical and dental insurance coverage for a period of six months. Mr. Sullivan confirmed that when an employee leaves, the employee is responsible for his portion. There was discussion about Civil Service and the City's policy when an employee leaves. Commissioner Wische also objected to paragraphs 7 and 8. Based on the Internal Auditor's report, the current investi- gation by the Ethics Committee, and probable investigation 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 by the State Attorney's Office, he was against paragraph 9. Mr. Hunt advised Commissioner Wische that paragraphs 8 and 9 are standard coverages provided for all public employees. ~ity Attorney Rea interjected that paragraph 9 reiterates the indemnification provision in the City's Charter for public employees. It seemed to Commissioner Wische that he was the ~nly one answering the Agreement. ~or the record, Mayor Moore stated the severance package was predicated on Mr. Hunt's having served as Interim City Manager for three months. He went along with giving Mr. Hunt the computation for sick leave and vacation time, based on Mr. Hunt's current salary, but he was against the ~ix months' severance pay. Reference was made to paragraphs 8 and 9. City Attorney Rea thought paragraphs 8 and 9 were qonflicting, and he explained that paragraph 8 negates the qualifications for misfeasance in paragraph 9. Discussion ~nsued about paragraph 8, legal services, and paragraph 9. There was further discussion about the continuation of medi- dal and dental insurance coverage for six months. Mr. Hunt ~nterjected they "were buying the six years he built at ~he City with recognition that he was leaving because the ~ommission wants a change of policy and a change of personality, not because he drew bad evaluations." When he ~ook the job, Mayor Moore said Mr. Hunt served at the pleasure of the Commission. Now he is resigning. Mr. Hunt ~esponded that he was giving "six years' of property rights ghat he invested in the City through the other position." 55~e Commission was buying the six years, not the 3½ months. ayor Moore and Commissioner Wische were against it. Vice ayor Olenik thought they should provide medical coverage or Mr. Hunt. Mayor Moore reminded him that Mr. Hunt is ~lso applying for another job. Further discussion ensued about the agreement. ayor Moore asked the Commission how they felt about 32,000 for six months. When City Manager Cheney resigned, ~ice Mayor Olenik recalled they asked Mr. Hunt to take Mr. Cheney's place. Mr. Hunt agreed to take it on an interim basis only. In the early months of Mr. Hunt's position as Interim City Manager, Vice Mayor Olenik recalled every ~ommissioner congratulating Mr. Hunt on what a good job he did on the budget and what a good job he did with taking ~harge of the operations of the City and in letting the City move forward. In the last month, they are indicting Mr. Hunt for whatever. The Commission is casting stones at Mr. Hunt at every turn. Vice Mayor Olenik felt they owed 40 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Mr. Hunt something for what they put Mr. Hunt through. They should also thank Mr. Hunt for his six years' work. Commissioner Weiner thought it was small of the Commission to be picking the Agreement apart and arguing about pro- viding Mr. Hunt with hospitalization for six months when he does not have a job, after he said he would serve the City ~s Interim City Manager. Mayor Moore responded that Mr. Hunt took the job at a $10,000 a year increase in salary. Commissioner Weiner reminded him that Mr. Hunt took the job at the same salary he had. The Commission increased his Salary. Mayor Moore asked City Attorney Rea if City Manager Cheney Knew at the time he resigned and the Commission gave him six months' salary that he was under charges by the Ethics Commission. He questioned whether it could have been public ~nowledge and if City Manager Cheney could have disclosed to ~he Commission that he was under charges. Mayor Moore inquired whether the ruling from the Supreme Court had already come down. City Attorney Rea answered that the ~uling appeared in the Federal District Court for the Southern District of Florida about nine months ago. Mayor Moore determined it was public information at the time City Manager Cheney resigned and was made available to everyone, but that fact was not disclosed to the City. City Attorney Rea felt it was a matter of interpretation. The llth Circuit Court of Appeals interpreted it as being public. However, the State Commission on Ethics still maintains it is donfidential. City Attorney Rea thought the penalty provisions were what was knocked out. Mayor Moore remarked that Vince Finizio has not been "thrown iin the dungeon". City Attorney Rea replied that he cannot be. He added that a person cannot go to the Ethics Commission and demand to see the documents because they are so confidential. ~iscussion again ensued about the agreement and the $32,000. Mr. Hunt emphasized he was not worried about the ethics 9iolation. If they wanted to make the agreement three months now and three months contingent on the findings of the Ethics Committee, he would have no problem with it, because Mr. Finizio's "shotgun charges will not hold water." There was discussion about severance pay. Commissioner Weiner proposed that they offer Mr. Hunt a severance package of four months' pay. Vice Mayor Olenik 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 estimated that would be about $41,000. Further discussion ensued about severance pay, Motorola, City Managers, ethics charges, and the way Mr. Hunt was being treated. Before the applicant for City Manager accepts the job, Vice Mayor Olenik felt there should be an agreement about the severance pay. He did not think they would get anyone to take the job without severance pay. Arguments ensued about contributions to the pension and retirement funds. Since there seemed to be no agreement and to get the agenda moving, Mr. Hunt withdrew his resignation. Vice Mayor Olenik commented this meant Mr. Hunt would remain as Interim City Manager until such time as the City hires a City Manager. Commissioner Weiner added that Mr. Hunt will then become the Assistant City Manager. If the Commission does not accept the package, Vice Mayor Olenik said Mr. Hunt would not be giving up his Civil Service rights. Mayor Moore advised the Charter says Mr. Hunt would still be serving in the position at the pleasure of the City Commission. There was discussion about Mr. Hunt's Civil Service rights. Commissioner Wische reminded the Commission that Mr. Hunt sent in a resignation, effective August 17, 1989. There was no motion or second to accept or not accept the resigna- tion, and there was no vote. Nothing is on record. Commissioner Weiner moved to accept Mr. Hunt's offer to withdraw his resignation. Mayor Moore advised that Mr. Hunt withdrew his resignation. Vice Mayor Olenik requested that Betty Boroni, City Clerk, provide the Commission with copies of the minutes of the Commission Meeting of August 15, 1989. 2. Lomar Industries This item was deleted from the agenda by City Attorney Rea. 3. Discussion of Height Limitation Referendum City Attorney Rea had provided the Commission with informa- tion regarding this referendum. He had provided them with a copy of Ordinance 82-1 that originally put the referendum to the ballot. The way City Attorney Rea interpreted the Charter and provisions of Chapter 163 was that the Commission is not 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 required to go through a referendum vote to change the 45 foot height limitation. When Chapter 163, Florida Statutes was adopted, it defined all the terms and conditions upon which Cities adopt and repeal Ordinances. Mayor Moore did not think anyone on the Commission wanted to do anything without giving the people the right to vote. City Attorney Rea continued by saying Chapter 163 states Charter provisions that have not been readopted by the electorate into nothing more than Ordinances, and especially those that conflict with Chapter 163 (which the referendum provision of the City Charter does in that it ties the hands of the Commission insofar as what they can and cannot repeal) the City will be required to adopt its entire Charter by referendum to make it binding. City Attorney Rea requested (1) authorization to seek the Attorney General's opinion as far as the need to adopt the entire Charter of the City of Boynton Beach, specifically with regard to the legality of the referendum requirement. (2) He suggested that until such time as the opinion is provided, the Commission suggest a straw ballot similar to ~he one used when the City talkd about the annexation provision. City Attorney Rea suspected he would get an opinion from the Attorney General by the beginning of the year. Discussion ensued about referendums and straw ballots. Mayor Moore wanted a firm legal opinion before the next meeting. There was further discussion about the Charter. City Attorney Rea told Commissioner Weiner he was saying with the exception of those issues dealing with the form of government, the City's Charter may very well be reduced to nothing more than a series of Ordinances that can be changed by the Commission at its will. He thought that was an extremely significant piece of information to be concerned about. City Attorney Rea had the legal obligation to inform the Commission that may in fact be the case. If it is, the Commission would probably like to address that issue prior to March, 1990. Because of the referendum research he did, there was a very major question in City Attorney Rea's mind about the binding effect of the City's Charter. Vice Mayor Olenik moved to authorize the City Attorney to request the Attorney General's opinion on the binding nature 43 MINUTES - REGULAR CITY COMMISSION'MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 of the City's Charter and the referendum issue. Commissioner Wische seconded the motion, and the motion carried 4-0. As far as the height limitation was concerned, City Attorney Rea proposed to delete the 45 foot height limitation in three areas: Mixed Use (MX) District, Central Business District (CBD) and Quantum Park's Planned Industrial District (PID). After discussion as to whether they could do this, Mayor Moore felt they should get the answer from the Attorney General and then discuss it. If the Attorney General rules the City has to readopt its Charter, Vice Mayor Olenik asked if they would have to do the referendum after the readoption of the Charter. City Attorney Rea answered they could probably be done concurrently. If the City has to readopt the Charter, they would have to do that first to bind in any kind of referendum. Consider approval of Water Service Agreements within Tropical Terrace a g h i Derle Bailey Lots 54 & 55 Gerard & Rita Bureau Lots 168 & 169 Richard Drake Lot 93 Richard & Mary Fish Lot 175 June Jones Lots 147 & 148 Marie LePage Lot 160 John & Nora Schroeder Lot 33 and ½ of John & Marion Selmser Lot 138 Marion Speer Lot 170 34 Vice Mayor Olenik moved, seconded by Commissioner Wische, to approve the water service agreements. Motion carried 4-0. 5. Consideration of employment of construction litigation firm dealing with City Hall projects Commissioner Weiner thought they should follow the recommen- dation of the Tribunal dated October 17, 1989. Commissioner Wische questioned whether any attempt had been made to do that. Mr. Hunt answered that the City is continuously work- ing with the Architect and the Contractor. Work is proceed- ing, and it is expected the project will be done some time in December, at which time the City will attempt to 44 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 negotiate a settlement between all of the parties. If there are damages they cannot agree on, Mr. Hunt will recommend to the Commission that they hire an Arbitrator or Construction Litigator. After comments by the Commission, City Attorney Rea interjected he was not recommending litigation now because it would be foolhardy. He was trying to have the City do preventive legal work. The City is in a position in the contract where various amounts of retainers have to be paid out. Because of the problems the City has had with the construction, it may be under a legal obligation to mitigate its own damages. The City may also be under a legal require- ment to put the bonding company on notice. How the City does that is extremely technical, especially when they are dealing with approximately $10,000,000 of construction. The City has major potential liabilities. From what City Attorney Rea read in the paper, the Contractor is blaming the City and the Architect. The Architect is blaming the Contractor. When they cannot agree On the surface where the fault lies, City Attorney Rea felt they had major potential legal problems. He was not suggest- ing a lawsuit may be necessary, but he thought the City Should get a firm that handles construction litigation of this nature to give preventative advice. Mayor Moore talked briefly to Michael Burman, the Attorney ~epresenting the City in Tradewinds, of the firm of Slawson, Burman and Critton, 712 U. S. Highway 1, North Palm Beach, and Attorney Burman would look into this. Mayor Moore had serious reservations about the City taking over the project before it was completed and thought the City may have put itself in the serious position. He wanted to question Attorney Burman about the possibility of handling this on a contingency basis if it was necessary to proceed further to protect the City's rights. Commissioner Wische moved that Mayor Moore should approach Attorney Michael Burman about taking this matter on a contingency basis. Vice Mayor Olenik seconded the motion, and the motion carried 4-0. 6. Ratification of Palm Beach County Police Benevolent Association's (PBA) Contract Mr. Hunt reported the PBA voted to ratify the contract last night. He expressed to the PBA the Commission's desire 45 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 to make the contract retroactive to the first pay period in October, 1989. Vice Mayor Olenik moved to ratify the PBA's two year contract, seconded by Commissioner Weiner. Motion carried 4-0. 7. Emergency Medical Service Agreements a) Town of Ocean Ridge b) Town of Gulf Stream c) Town of Briny Breezes Mr. Hunt said the City is currently providing service to Ocean Ridge and Briny Breezes. The City took out the option of allowing them to call for backup assistance. If the City responds to an accident in Ocean Ridge, and they cannot dispatch their fire apparatus to the accident, Vice Mayor Olenik asked if the City would call its squad to respond to that accident. If so, was there any place in the agreement that would compensate the City. Fire Chief Allen answered that the City would have to send equipment there. Mr. Hunt added the City would charge a flat fee of $275 a call, regardless of how complicated the call may be. Vice Mayor Olenik was concerned about safety. Mr. Hunt ~xplained that was why the City wanted the option to be !eft with the City. He stated a provision could be added to ~he agreement that if additional equipment goes out, the price goes up, if the Commission desired. With regard to Gulf Stream, Mr. Hunt stated Dr. Davis and ~he paramedic corp expressed there may not be sufficient ~ime for the City's group to assure Gulf Stream response ~ime. Mr. Hunt wished to defer that agreement for one meeting and have City Attorney Rea meet with Dr. Davis to ~ee if the indemnity clause in the agreement would be strong enough to protect the City. One call took eleven minutes. Vice Mayor Olenik was concerned that the City would be billing for services that had already occurred. If there are false calls or there are calls the Towns do not want to pay for, the City will be bearing the expenses for services While the City was left unattended. He asked if there was any way to look at the calls and get a deposit because he had learned the Town of Gulf Stream reneged on payments to 46 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Delray Beach. After discussion, Vice Mayor Olenik stated he was not happy with $275 a call. He thought in future years they should think about fixed amounts. Vice Mayor Olenik moved to adopt the EMS agreements with the Town of Ocean Ridge and the Town of Briny Breezes, subject to the amendments made tonight. Commissioner Weiner seconded the motion, and the motion carried 4-0. The Agreement for the Town of Gulf Stream was TABLED. 7. Emergency Services Mutual Aid Agreement - Palm Beach County Commissioner Wische moved, seconded by Commissioner Weiner, to approve the agreement. Motion carried 4-0. OLD BUSINESS Am Consider approval of annual membership fee for participation in the Florida Innovation Group (Previously discussed at September 19, 1989 City Commission Meeting) Mr. Hunt felt the information provided to the Commission was self-explanatory. The cost was $1,500. After discussion, Mr. Hunt recommended the Commission approve this. Commissioner Weiner moved, seconded by Vice Mayor Olenik to approve the fee. Motion carried 4-0. B. Estimate of all cost for Water and Sewer Financing Program 1. Request for Proposals Investment Banking Services - Prudential Bache 2. Financing Program for Water & Sewer System - Revenue Bonds 3. Rate Work for the Utility Department Mr. Guidry referred to the workshops the Commission attended and memorandums. He told Commissioner Wische they were looking at a $40,000,000 construction sequence taking place over the next three years for the new western water treatment plant and well fields and all of the work that has to be done at the east water treatment plant. Mr. Guidry cautioned that the east water treatment plant was the critical issue. The City probably has about eight 47 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 months of water left in the system. If they start tomorrow, there would be eight or nine months of work. He explained to Commissioner Wische the modifications that must be made. Motion Commissioner Weiner moved to adopt the water and sewer financing program, seconded by Vice Mayor Olenik. Mayor Moore had problems with the funding situation. He did not think the refunding of bonds would be cost effective, Hnd he did not feel it was necessary. Mayor Moore had ques- tlions but he had not been able to thoroughly review this. There was discussion about bonds. If everything would move forward on this date, Mr. Guidry estimated they could probably be looking at mid-February. He stated the City has been working with this problem for four years. It is water and sewer for the City. Mayor Moore alluded to the fees that would be paid. David Segal, Prudential Bache, stated there are higher costs as a result of doing a refund of the 1989 bonds. However, they provide savings to the City after paying the costs. The savings are about $500,000 every 20 years. More importantly, Mr. Segal said they are minimizing the necessity to raise rates over the near term by changing the rate covenant. Mr. Segal explained. Impact fees are available to pay a larger portion each year, and Prudential Bache is trying to allow the City to do that. Mr. Guidry stated they calculated a three year program, which will take the City through 1992 or early 1993 and ~ertify the City's commitments in the Comprehensive Plan to 1995. At that point and time, the City will reassess and know where it is. Vote on Motion A vote was taken on the motion, and the motion carried 3-1. Mayor Moore voted against the motion. With regard to the Requests for Proposals, Mr. Guidry recom- mended the City request proposals from~individual firms as opposed to a joint venture. He preferred to see the merits of each firm and evaluate each firm. Mr. Guidry also preferred that the management selection process be carried out by the City staff. Under that scenario, they plan to 48 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 bring this back to the City Commission for a final presenta- tion on December 19. Mr. Guidry clarified if there were four firms, all four would be present. On the RFPs, Mr. Hunt wanted to write, "Those who contact individual Commissioners are automatically excluded." Presentations should be made to all of the Commissioners at the same time. Motion Vice Mayor Olenik moved to approve the RFPs and to authorize Mr. Hunt to publish the above statement. Commissioner Wische seconded the motion, and the motion carried 4-0. Mr. Guidry thought there were things they could do as far as reducing rates. However, there were concerns as to where the rates are. Mr. Guidry said the rate work and financing program should not be confused. As far as the rate struc- ture was concerned, Mr. Guidry stated they need to make sure they do the right thing and make the right decisions relative to future rates. Motion Vice Mayor Olenik moved that David M. Griffith & Assoc. do the rate study, seconded by Commissioner Weiner. Mayor Moore thought they were falling into the trap of ',another Consultant" being brought in everytime they turn around. This charge will be $63,000, and he was against it. Vice Mayor Olenik asked if the City had the expertise in-house to do the rate study. Mr. Swann did not think the City would have the complete expertise to deal with this issue. Mr. Hunt did not doubt that Grady Swann, Finance Director, had the ability to do the study, but he did not think the City could afford to send Mr. Swann off for 604 hours. Mayor Moore thought the fees were staggering. Further discussion ensued about fees, conservation of water, and whether this could be done in-house. A vote was taken on the motion, and the motion carried 3-1. Mayor Moore voted against the motion. C. Report on Newsletter Survey Vice Mayor Olenik agreed the survey would provide informa- tion. Laura Widmer, Public Information Officer, explained 49 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 her report of November 2, 1989. There was discussion about the survey and percentage of responses. Mrs. Widmer said the City is no longer sending the Newsletter out of State. City employees get the newsletter with their paychecks. In recompiling the lists, it was found several places are being missed, which should be on there now. Mayor Moore suggested direct telephone contact would be the best way to get a response for the survey. He asked Mrs. Widmer to see if there was a way to get a response of 50%. The matter was TABLED until Laura Widmer can get more information. D. Wish List for Child Day Care Center - Requested by Commissioner Wische Commissioner Wische asked if any action had been taken on this list. Mr. Hunt answered, "No," and he explained. He informed Commissioner Weiner the trophy case will be made in-house. Commissioner Wische said the Child Care Center has been renovated and he commented about the iron stove ~hat is there. A new stove would cost $935 plus handling etc. There should be shade trees, playground equipment, and sod for the children's play area. Commissioner Wische moved to authorize the City Manager to purchase a new stove (after getting in touch with Lena Rahming to see what kind is required); that sod and shade trees be put in as fast as possible; and that playground equipment be purchased. Commissioner Weiner seconded the motion. Motion carried 4-0. E. Safety Signs on N. W. 1st Street and 7th Avenue - Requested by Commissioner Wische Commissioner Wische was approached by Elizabeth Jenkins to inspect this area. He had a letter dated October 17, 1989, addressed to him, from Ann Toney, Assistant City Manager, Stating she assigned Roger Kuver, Engineering Inspector, to investigate the traffic situation. Mr. Kuver advised there is a serious lack of traffic control devices, and he personally witnessed several dangerous maneuvers. Miss Toney intended to ask that Robert Eichorst, Acting Public Works Director, make this a better traffic situation. While installation of the proposed devices will not eliminate the possibility of an accident, it was Mr. Kuver's opinion it would place this in conformance with the DOT's specifications and safeguard the City from liability in case of accidents. 50 MINUTES - REGULAR CITY COMMISSION MEETING 'BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Miss Toney advised that often the City has to order signs to correct situations like that. F. Clerk III - Legal Department Requested by City Attorney Rea Since the Clerk III would primarily be derived from in-house staff, it was City Attorney Rea's understanding the Clerk III would be oovered under Civil Service. Ten employees applied for the position. If it is not a Civil Service position, most of the applicants would not consider a change. City Attorney Rea wanted it to be a Civil Service position, and he explained. Commissioner Wische noted City Attorney Rea's Secretary is not under Civil Service, and there was discussion about the position. Vice Mayor Olenik and Commissioner Weiner objected to one position in the department being Civil Service and the other not being Civil Service. City Attorney Rea then asked that both positions be Civil Service, but the Legal Secretary should be adjusted to what other Legal Secretaries with similar experience get. He suspected there would be an increase in her pay. Vice Mayor Olenik stated everything City Attorney Rea said went against what City Attorney Rea said last year when he argued that his Secretary should not be Civil Service because of confidentiality. Prior statements were repeated, and City Attorney Rea reiterated his request that both positions be Civil Service. Vice Mayor Olenik wanted the minutes researched of when the budget was adopted. He was surprised the Clerk III position was made Civil Service. Mr. Sullivan advised that Clerk III is a classified position, so there is no problem with it. Discussion ensued about both positions. Mayor Moore saw nothing wrong with one position being Civil Service and the other not being Civil Service. There were objections from Vice Mayor Olenik. Vice Mayor Olenik moved to make the Clerk III Civil Service. The motion died for lack of a second. He did not want the Legal Secretary to come under Civil Service because they did not know if it was necessary. City Attorney Rea suggested they could make the decision, pending the City getting the survey completed. Vice Mayor Olenik MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 asked Mr. Hunt to direct the Personnel Department to make a survey of the Legal Secretaries in cities of comparable size to this City and get back to the Commission at the next Commission meeting. NEW BUSINESS A. Code Enforcement preliminary operation report . .TABLED This was left on the table. B. Items for Discussion requested by Mayor Gene Moore 1. Disposition of Terri McKenzie Case Mayor Moore said this item could be TABLED, as they are working on this. 2. Los Mangos - Australian Pine Tree Removal - FEC This matter was TABLED. Mayor Moore said work is proceeding on this. 3. Code Enforcement Procedures - Joe Lewis Automobile Mayor Moore asked that this matter be TABLED. 4. Consider amendment to Zoning Code to remove restriction against residences in commercial zones Mayor Moore wanted someone to bring back an amendment to clean up this restriction. He did not see anything wrong with a person living over his meat market. 5. Consider funding for fireworks display - 18th Annual Holiday Boat Parade Mayor Moore stated he is still working on this, and he asked that it be TABLED. 6. Individual Water Meters at Pelican Cove Mr. Guidry advised this can be done, but the owner will have to spend engineering time on it. 7. School Board There was discussion about the School Board. Vice Mayor Olenik suggested they may want to meet in a workshop meeting 52 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 to look at several issues involving the City and the School Board. Mayor Moore had requested a Special Workshop Meeting with Susan Pell on numerous occasions. Commissioner Weiner interjected that the Community Relations Board would like to have a liaison between the City and the School Board. C. Items for Discussion requested by Vice Mayor Robert Olenik, Jr. 1. Pool of People who Volunteered to Serve on Board (Previously on October 17, 1989 Agenda) Vice Mayor Olenik requested that this remain on the table. Consider naming and dedication of new 23 acre North District Park to "Ezell Hester, Jr. Community Park" Vice Mayor Olenik referred to his memorandum of October 23, 1989 suggesting this. Dee Zibelli, 440 Ocean Parkway, recalled how Mr. ~ester had always kept this project to the forefront when they were both on the Commission. She encouraged the Commission to be in favor of this. Commissioner Wische felt this was Mrs. Zibelli's idea and she should bring it up. Ramona Wright Tugg!e, 201 N. E. 26th Avenue, requested that her brother's name, "Sam Wright", be included as a name on ~he park. Her brother was the first black Commissioner in ~he history of the City, and he was the first to initiate the idea of building this facility. Mr. Hunt thought both requests could be accommodated, as there will be a neighborhood center on the park. Vice Mayor Olenik moved to name and dedicate the new 23 acre North District Park to "Ezell Hester, Jr. Community park." The motion was seconded and carried 4-0. In answer to Ms. Tuggle's request, Mayor Moore said some- ~hing would be worked out within the park. 3. Non-profit sales within the City of Boynton Beach - Requested by Vice Mayor Olenik At a Special Meeting of the Planning and Zoning Board last night (November 6, 1989), Vice Mayor Olenik said a similar 53 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 issue was discussed, which was why he put this on the agenda. Someone approached him wanting to sell Christmas trees for the handicapped. The City does not have a way of allowing non-profit organizations to come in for a short period of time to sell Christmas trees. Mr. Hunt explained the City Manager's office has authorized those kinds of activities. He feared, in this climate, it could be construed as a use of power. Mayor Moore thought the Commission should give Mr. Hunt the authority to continue with the same procedure the City formerly had until an Ordinance comes through. Robert Walshak, Chairman of the P&Z Board, interjected the recommendation of the P&Z Board last evening was that the Building Official be given that responsibility. A man in the audience stated he hoped this could happen quickly. He contacted Mr. Hunt over a month ago and was refused. Code Enforcement said there was no provision for this. Time is running out. Mayor Moore told the man to contact Don Jaeger, Building Official, tomorrow. Vice Mayor Olenik moved, seconded by Commissioner Wische, to authorize the Building Official to allow temporary sales of merchandise for profit or non-profit sales. Motion carried 4-0. 4. Pictures of Mayors - Requested by Mayor Moore Mayor Moore requested that the pictures of the Mayors be placed in the Commission Chambers. D. Jarvis Wellfield Report on Remedial Work and Explanatory Aquifer Investigation Mr. Guidry called attention to his memorandum dated October 25, 1989 and the report from Geraghty & Miller, Inc., 11382 Prosperity Farms Road, Suite 125, Palm Beach Gardens, FL 33410, and stated the City will be able to increase capacity of the wells. He stressed that he needs the Jarvis wellfield in order to certify the additional uprating the City needs to do at the eastern water treatment plant. Mr. Guidry informed Mayor Moore he needs $480,000 over the next year to modify the wells. After comments by Mayor Moore and Vice Mayor Otenik, Mr. Guidry asked for permission to have contractors do the work. Mayor Moore wanted to study it. 54 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Commissioner Weiner moved to TABLE the matter. The motion was seconded, and the motion carried 4-0. E. Dick Webber Child Abuse Prevention Center request for funding - Former Mayor Nick Cassandra Former Mayor Nick Cassandra, 2554 S. W. 10th Court, had with him the Executive Director of the Center. One Counselor is now handling 23 children. Today they turned a child down, and all other children will be turned away until the Counselor's workload drops below 23. Former Mayor Cassandra requested $25,000, which will pay salary overhead for another Counselor. He explained where the funds could come from and elaborated on the needs of the Center. Former Mayor Cassandra informed Vice Mayor Olenik that the Center serves Palm Beach County from Fort Pierce down to Boca Raton. He stated he will be going to the County after he hears what the Commission says. Former Mayor Cassandra said he challenged County Commissioner Ron Howard to match what this City gives. The Executive Director told Vice Mayor Olenik they spoke to the Community Relations Boards in Boca Raton and Delray Beach. Former Mayor Cassandra alluded to where the City's CRB funds go and said they do not want to take from those funds. Commissioner Weiner did not feel this City should do all of the funding. Commissioner Wische thought they could find $25,000 for the project. Commissioner Wische moved, seconded by Vice Mayor Olenik, to give $25,000 to the Dick Webber Child Abuse Prevention Center. Motion carried 4-0. Commissioner Wische and Vice Mayor Olenik offered to go to the County with Former Mayor Cassandra. F. Report on EMS Negotiations This had already been taken care of. CITY MANAGER'S REPORT A. CIP Progress Report Mr. Hunt said new microphones will be installed in the City Commission chambers. 55 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 ADMINISTRATIVE A. Draft administrative policy relative to building projects under $100,000 . .TABLED This item was left on the table. Consider replacement to fill alternate position on the Board of Adjustment. Term expires 4/90 - Appointment to be made by District II Commissioner . TABLED This item was left on the table. C. City Commission Commitment to Equal Opportunity and Affirmative Action Mayor Moore was willing to sign this but he questioned why this was necessary. Vice Mayor Olenik drew attention to paragraph "G". He noted the Police and Fire Departments had been singled out, and he wondered if the City wished to single out those two departments. Wilford Hawkins, Assistant to the City Manager and Ombudsman, explained that was the immediate concern. He stated this was just the beginning. All other cities with Equal Opportunity and Affirmative Action plans have written commitments from Commissions and City Managers. Mr. Hawkins further explained. Commissioner Wische moved to approve the Commitment, seconded by Vice Mayor Olenik. Vice Mayor Olenik read paragraph "H", which said women are minorities. Another statement in the next paragraph talked about the need for representative minorities which took women out of the minority section. Mr. Hawkins explained that women have to be addressed in the minority section. A vote was taken on the motion, and the motion carried 4-0. D. Procedure for Interviewing Applicants for City Manager Position Vice Mayor Olenik wondered if each Commissioner would be able to interview each candidate individually, and then the Commission as a group would interview them. Mr. Hunt replied that now, the candidates are set up for hour interviews. A buffet will be set up at the back of the Conference Room, so the Commissioners will be able to talk individually to the applicants. 56 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1989 Commissioner Wische wished to set a time frame of 1/2 hour for each applicant. Vice Mayor Olenik stated he may be a few minutes late. Former Mayor Cassandra asked whether it would be a public meeting. Vice Mayor Olenik answered affirmatively. Commissioner Weiner stated she would appreciate help from the Personnel Department. She asked if there were any professional guidelines. William Sullivan, Personnel Director, replied that he could give them an outline of suggestions. Commissioner Weiner requested that the outlines be placed in the Commission's boxes. ADJOURNMENT The meeting properly adjourned at 11:00 P~ M. CITY ATTEST: Mayor Recording Secretary// (Six Tapes ~ Commissioner C~Smmissioner 10. AGENDA November 7, 1989 ALEXANDER BATTERY COMPANY SOUTHEAST, INC. 50 STX Portable Radio Batteries for Co~nunications. Pay from General Fund---001-t97-5-323-00 ALLIED LIME COMPANY Pebble quicklime-hi calcium for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-365-00 AMERICAN STATES INSURANCE COMPANY Premium Adjustment Buildings & Contents - Fire $10,485.20 Renewal of Policy Building & Contents - Fire - Term Premium for year $65,701.00 due in monthly installments of $5,475.08. Pay from Self Insurance Fumd---622-195-5-443-00 CH2M HILL SOUTHEAST FLORIDA OFFICE Professional services rendered regarding various Task Orders. Pay from Utility General Fund---403-000-0-690-10 THE CENTER FOR FAMILY SERVICES October billing for Employee Assistance Program. Pay from General Fund---001-135-5-482-00 COMPUTER SYSTEMS & APPLICATIONS, INC. Consulting & programming services performed during June, July, Aug. & Sept., 1989 regarding Project 100. Pay from General Fund---001-181-5-470-10 CORPORATE DESIGN INTERIORS, INC. Furniture - Invoice #13596 dated 8/31/89 Pay from Building Improvement Fund ---304-194-5-640-20 CORPORATE DESIGN INTERIORS, INC. Tear down existing panels, relocate and install at new City Hall complex. Pay from Building Improvement Fund ---304-194-5-640-20 DAVIS WATER & WASTE INDUSTRIES, INC. 750 Expansion Nuts for Meter Reading Services - $3,015.00 and Monthly Air Scrubber Lease for October - $4,500.00. Pay from Meter Reading Service & Water & Sewer Revenue Fund. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES Remittance of Radon Surcharge collected during the. quarter July 1, 1989 thru September 30, 1989. Pay from General Fund---001-000-1-080-40 COIVI VI SSION NOV ? 1989 APPROVAL $ 2,020.00 16,923.51 10,485.20 65,701.00 151,585.52 1,250.00 36,350.00 2,735.72 8,700.00 7,515.00 4,440.66 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DOOR CENTER 4 Doors installed at Water Treatment Plant & 2 Doors with Frames installed at Lift Stations 316 and 317. Pay from Water & Sewer Rev---401-332r5-434-00 $7,370.51 " " " " " 401-352-5-642-00 $6,819.94 14,190.45 ELECTRA-TRONICS INCORPORATED Rewind 100 HP Vertical Motor includes Bearing Replacement and PV plus delivery for General Maint./LS. Pay from Water & Sewer Rev---401-352-5-433-00 1,173.00 ERNST & YOUNG Professional services rendered thru 9/30/89 in connection with the audit of City's financial statements for Y/E 9/30/89. Pay from General Fund ............... 001-131-5-466-00 $4,980.00 " " Water & Sewer Rev .......... 401-393-5-466-00 $4,980.00 9,960.00 FLORIDA LEAGUE OF CITIES Deductible due on vehicle accident claim. Accident date 9/8/88. Pay from Self Insurance Fund---622-195-5-440-01 10,000.00 GERAGHTY & MILLER, INC. Professional services rendered Eastern & Western Wellfields from 7/30/89 thru 8/26/89. Pay from Utility General Fund---403-000-0-690-10 7,225.15 HELENA CHEMICAL 12 gal. Rubigan A.S., 15 gal. Roundup and 20 gal. MSMA for Golf Course. Pay from Golf Course---411-726-5-361-00 3,587.50 PiESCO SALES, INC. 12 Dumpsters with Plastic Lids and 10 Plastic Lids for Saniation Dept. Pay from Sanitation Fund---431-341-5-690-02 5,669.64 HEWLETT PACKARD Customer Support Services Agreement for Gas Chromatograph and Accessories - Coverage con~nencing 11/1/89 to 10/31/90. Pay from Water & Sewer Rev---401-361-5-499-00 1,488.00 ITT A-C PUMP Partial payment P.O. 80308 for Replacement Pump Parts for Lift Station 317. Pay from Water & Sewer Rev---401-352-5-433-00 Commission approved 8/1/89 10,057.67 JONES CHEMICALS,INC. Chlorine for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 6,668.10 COMMISSION NOV Y 198~ APPROVAL 21. WALTER H. KELLER, JR., INC. Inv. 1037 in amount of $2700.00 for printing of Comprehensive Plans & supporting documents, Inv. 1038 in the amount of $2700.00 is for final Comprehensive Plan documents and also final invoice for professional services rendered for Boynton Bch Boat Club Park in the amount/of $1244.50. 6,644.50 22. LEAR GROUP INC. P.O. 76325 - Payment #12 for Child Care Center thru 9/29/89. Pay from General Fund---001-000-1-477-00 Per bid 8/25/88, Commission approved 9/7/88 40,364.00 23. LESCO, INC. 150 lbs. Pre-M Weed Killer for Golf Course. Pay from Golf Course---411-726-5-361-00 1,237.50 24. MDH GRAPHIC SERVICES Printing of Newsletter for July, Oct.,and Nov. Pay from General Fund---001-194-5-472-00 3,315.00 25. MOORE BUSINESS FORMS 103,200 Cash Register Receipts for Golf Course. Pay from Golf Course---411-725-5-472-00 3,406.63 26. MOORE & ELLRICH, P.A. Professional services rendered - Tradewinds litigation re: damage report. Pay from General Fund---001-141-5-468-00 3,578.00 27. MORGAN, LEWIS & BOCKIUS Legal services during month of September, 1989. Pay from General Fund---001-141-5-460-14 4,420.68 28. MOTOROLA, INC. Maintenance agreement, high tech boards and microwave hot standby from 11/1/89 thru 11/30/89. Pay from General Fund---001-197-5-431-00 1,415.63 29. MOTOROLA, INC. 2,618.40 1 Smartnet STX Trunked Portable Supervisor Radio, 1 Single Unit Rapid Charger and 1STX Portable Battery for Code Enforcement. Pay from General Fund---001-243-5-690-05 30. PALM BEACH COUNTY MUNICIPAL LEAGUE Annual membership dues for fiscal year 1989/90. Pay from General Fund---001-111-5-470-07 4,000.00 31. PEROXIDATION SYSTEMS, INC. 33,163.65 September Peroxide for odor & corrosion control for General Ma iht. / LS. Pay from Water & Sewer Rev---401-352-5-365~00 COMD~iSS~0N NOV APPR,':%, L 32. 33. 34. 35. 36. 37. 38. 39. 40. PERSONNEL ONE, INC. Billing for Temporary Word Processing Secretary and Secretary Receptionist for Con~nunity Improvement. Pay from Con~nunity Improve.---621-196-5-499-00 PROFESSIONAL ADMINISTRATORS, INC. Worker's Comp. reimbursement from 7/16/89 thru 9/30/89 in amount of $6,968.82 and advance on A1 Fine hospital bill in amount of $5,389.00. Pay from Self Insurer's Fund---622-195-5-134-00 SCANTRON 1 Model #2100 Scantron, Scanscore II Software and Scanform Software for Personnel Dept. Pay from General Fund---001-135-5-672-00 SEPPALA & AHO Application #36 & 37 - Municipal Complex Phase II. Pay from various accounts. RICHARD L. SHEPHARD & ASSOCIATES, INC. P.O. 78889 - Services rendered Western Wellfield (Sun Valley), to run a profile grade line along buffer areas per proposal. Pay from 1985 Constr. Fund---409-000-0-690-10 Con~nission approved 4/18/89 SLAWSON, BURMAN & CRITTON Professional services rendered - Tradewinds Litigation. Pay from General Fund---001-141-5-451-00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Inv. #318 - Toxicity Legislation - $1,583.34, Inv. 88/89 314 - Preliminary Design Aerator covers - $17,772.86, User charges for month of September, 1989 - $102,582.88 and Chlorine for month of June, 1989 - $2,253.36. Pay from Utility General and Water & Sewer Rev. SOUTH FLORIDA MACK TRUCKS, INC. 1989 Mack Truck with 33 cubic yard Peabody E-Z Pack solid waste compaction body to replace vehicle destroyed by Fire on 7/31/89. Pay from Vehicle Fund---501-193-5-688-00 Con~nission approved 10/3/89 SPALDING 800 dozen Super Range Balls for Golf Course. Pay from Golf Course---411-725-5-381-00 Con~aission approved 10/3/89 COMMISSION NOV ? 1989 APPROVAL 1,108.80 12,357.82 3,277.86 40,243.49 6,084.00 7,585.29 124,192.44 96,624.00 4,587.20 41. SPILLIS CANDELA & PARTNERS, INC. Multipurpose Recreation Building - Reimbursable expenses August 1 thru August 31, 1989. Pay from Public Service Tax Fund ---301-721-5463-00 1,278.43 42. STATE OF FLORIDA 4th Quarter installment - Self Insurer Assessment for Workers Comp for period 7-16-89 thru 10-15-89. Pay from Self Insurance Fund---622-195-5-134-00 5,110.32 43. STATE OF FLORIDA Suncom telephone network usage charges per invoice #20-1987 for August 1989 billing cycle. Pay from General Fund---001-197-5-471-00 1,007.86 44. TOWN-CRIER PRINTING INC. Printing of Fall Bulletins. Pay from General Fund---i,284.50 Pay from Publicity Fund---i,284.50 2,569.00 45. TREE MOVERS 11,250.00 Transplant 15 Royal Palms and Washingtonia per bid specifications. 90 days watering of trees. Pay from Building Improvement Fund---304-194-5-635-00 46. TRUCK PARTS SPECIALISTS Repair to Sanitation vehicle #98 - rear axle differential. Pay from Vehicle Service Fund---501-193-5-432-00 1,900.00 47. PAUL A. TURK, JR., P.A. Professional services rendered - Morey's Litigation- Eminent Domain. Pay from General Fund ---001-141-5-451-00 7,140.00 48. OSCAR VAGI & ASSOCIATES ARCHITECTS, INC. Professional Engineering services. Pay from Public Service Tax Fund---301-722-5-463-00 6,230.31 49. VULCAN SIGNS Street signs. Pay from General Fund---001-411-5-348.00 2,189.00 50. 51. WILSON SPORTING GOODS CO. Pro shop supplies. Pay from Golf Course Fund---411-000-0-420-10 WOODBURy CHEMICAL COMPANY 10 gal. Aqua-Gro, 10 gal Blason, 10 gal Surflan. Pay from Golf Course Fund---411-726-5-361-00 COMMISSION 1,202.35 1,110.00 NOV '~ 1989 APPROVAL 52. 53. 54. 55. 56. 57. RANGER CONSTRUCTION INDUSTRIES INC. Landfill Closure - Partial payment Request #8. Pay from Sanitation Fund---431-341-5-962-00 CORPORATE DESIGN INTERIORS Furniture for Municipal Center - City Hall. Pay from Building Improvement Fund---304-194-5-640-20 CORPORATE DESIGN INTERIORS Furniture for Municipal Center - West Wing. Pay from Building Improvement Fund ---304-194-5-640-20 COOK CONSTRUCTION Payment No. 7- Eastern Wellfield Modifications, Period 9/12 thru 10/26/89. Pay from Utility General Fund---403-000-0-690-10 GATEWAY CONSTRUCTION COMPANY Periodical Estimate #4 - Lawrence Road, Phase III Sanitary Sewer Extension, 8/30 thru 10/11/89. Pay from Utility General Fund---403-000-0-691.10 SMITH-OBST ASSOCIATES Final payment request - professional services rendered for Child Care Center. Pay from Capital Improvement Fund---302-642-5-463-00 These bills have been approved and verified by the. department heads involved, checked and approved for payment. 134,088.48 4,184.16 65,399.67 46,023.85 24,571.00 5,945.24 Gra I therefore recon~nend payment of these bills. COIVtMISS!ON NOV ~ 1989 APPROVAL -' 'FORM 8B MEMORANDUM OF VOTINr' CONFLICT FOR 'COUNTY, MUNICI; L, AND OTHER LOCAL PUBLIC OFFICERS -~,%ST NAhTiE--FIRST NAME--MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Olenik, Robert, Jr. City Commission MA~" ~G ADDRESS 2~ ~ Crossinas Circle Ct] COUNTY Bc~nton Beach Palm Beach D,',TE ON V,'mCH vote OCCURRED November 7, 1989 THE BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~{ crIY ~ ~ COUNTY ; -', OTHER I.OCAL AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ~{ ELE~tVE i ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest nHder Section 112.3143, Florida Statutes. The requirements of this law are mandmory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES E] 2TED OFFICERS: A · .r ' ,on holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to t{is special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal ~(other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an), attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING XT WHICH ~i'~.~ NOTE WILL BE TAKEN: · ' should complete and file this form (before making any attempt to influence the decision) with the person ?esponsible for >rding the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE ,IF YO~U-MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the m~"-%.es ~61' the meeting, who should incorporate the form in the minutes, DISCLOSURE OF LOCAL OFFICER'S INTEREST t, Robe. c-~ Olenik, Jr. . hereby disclose that on Nov~r 7, 1989 : ~.(a) 'A. measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Payments made to Motorola, Inc., my employer, were included'for a~proval in Consent A~enda, item W (Bill ~s 28 and 29). Although I have no direct renumeration frc~ the payment to Motorola, this item is now being placed as ~ublic recor~ to ensure no conflict of voting occurred. Date FiLed Signature ¢N~O~ICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUI~ .~O DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN ~oSALA~RY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.