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Minutes 09-05-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, SEPTEMBER 5, 1989 AT 6:00 P. M. PRESENT Gene Moore, Mayor RObert Otenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Arline Weiner, Commissioner ~ee Wische, Commissioner George Hunt, Interim City Manager Sue Kruse, Deputy City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P. M. After ~ moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Lee Wische. AGENDA APPROVAL ~nder "ADMINISTRATIVE", Commissioner Weiner added "H. Compen- Sation Adjustment for the Interim City Manager" and Commissioner Hester added "I. Discussion of Letter to Attorney General of State of Florida" and "J. Discussion on ~nterim City Manager." Vice Mayor Olenik added "2. Comments" 9nder "ANNOUNCEMENTS" and "D. 1. Discussion on Recognizing ~ccomplishments of Rev. Joe Dye" under "NEW BUSINESS". nder "OLD BUSINESS", he added "B. Discussion on Intra- coastal Bridge." ayor Moore thought the Commission had asked for a roclamation about cable TV, and he requested that Mr. Hunt get the Proclamation so the City could try to get the Bill ~assed~. nder "LEGAL, B. Ordinances - 1st Reading," City Attorney ea added "8. Proposed Ordinance No. 89-30 Re: Citrus Park lanned Unit Development (PUD) Rezoning" and "5. Tax Deeds" nder "D. Other." nder the "CONSENT AGENDA", R. Approval of Bills", Mr. Hunt dded payments to Seppala & Aho in the amounts of $14,211.67 Ind $32,036.40. He added a site plan as "B. 2. under DEVELOPMENT PLANS . With reference to B. 1, Mr. Hunt Snformed the Commission that he had a letter from JCP ~ssociates asking for an additional two weeks extension as ears is not ready to come forward with its final analysis n the traffic plan. Cormac Conahan, Attorney for the (~wner, confirmed this. 1 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 ANNOUNCEMENTS 1. Proclamations: a) Constitution Week - September 17 - 23, 1989 b) Mental Illness Awareness Week - October 4 - 10, c) Respiratory Therapy Week - October 1 - 7, 1989 d) German-American Day - October 6, 1989 1989 ~ayor Moore signed the Proclamations and copies will be forwarded to the appropriate parties. Comments by Vice Mayor Olenik City Attorney Vice Mayor Olenik read a newspaper article relating to the ~ity Attorney, and he commented that politics have escalated on the dais over the last several weeks. Vice Mayor Olenik felt he had been remiss by being very critical of some of the things City Attorney Rea has not done and not looking ~t what he has done. He thought the Commission should have a meeting with the City Attorney and ask him to prepare a ~ummary of his accomplishments and progress as City .attorney. The Commission should then objectively look at ~at the City Attorney has done and what he has not done and hake a decision as to whether they should be replacing or ~etaining him. City Manager as the City is looking for a new City Manager, Vice Mayor Olenik recommended that the Commission put together a semi- Annual review process so they can review the job performance ~f the two individuals they hire (City Manager and City Attorney), reduce the politics that go on, and make the jobs more objective. Response to Comments by Commissioner Wische ~ommissioner Wische stated that he and Commissioner Hester lad meetings with people they thought were having diffi- .~ulties but did not bring it out into the public. He felt ~nyone having problems with two officials serving the City Should do likewise. There was no reason for a workshop ~eetlng. Commissioner Wlsche reiterated that he is very happy with the City Attorney. Those not happy with the City Attorney should meet with the City Attorney and Interim City Manager to discuss the problems. 2 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Comments by Commissioner Hester Commissioner Hester read a newspaper report that referred to Commissioner Wische and him. He apprised everyone that he was never asked by any reporter whether he wanted City Attorney Rea to stay. Commissioner Hester also read where Some people meet together. He thought if people do their jobs in the hours required by the City, who they associate With after those hours is their business. Commissioner ~ester stated he would further comment under "ADMINISTRATIVE" because he has been hearing things about what is going on at City Hall that he does not like. Comments by Mayor Moore ~ayor Moore stated that it is out in the open that two sides ~re bickering like children inside City Hall. He had given fair warning once and warned again that it better be ~traightened out fast. He thought some members of the Commission were injecting their views and feelings into local ~olitics at the staff level, which is a mistake. They are doing the staff a disservice. This has erupted into non- ~rofessional memorandums going back and forth, and it better ~top. If Vice Mayor Olenik wanted input on what the City Attorney has done, Mayor Moore thought he could direct City Attorney ~ea to give that report. The report should be circulated to ~he Commission, and the Commission could decide whether they Want a Special Meeting after they evaluate the information. ~ONSENT AGENDA Regular City Commission Meeting Minutes of August 15, 1989 ~ommissioner Wische called attention to the second paragraph ~nder "XI~ ADMINISTRATIVE" on page 30 and said the first sentence in the second paragraph should read as follows: 'tCommissioner Weiner moved to adopt the Board appointment ~otation system as previously suggested and recommended for ~doptlon by Commissioner Wische." There were further ~omments. ~ayor Moore referred to "E. List of Payments - Month of uly" on page 11 of the Minutes and said they were not ~ttached to his copy of the minutes. Vice Mayor Olenik ~dvised that the list is attached to the original minutes in ~he office of the City Clerk. Mayor Moore stated that the .ist should also be attached to the copies. 3 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 2. Correction to City Commission Meeting Minutes of August 15, 1989 By memo dated August 23, 1989, addressed to Mr. Hunt, Betty Boroni, City Clerk, advised that a correction should be made to these minutes. The bill in the amount of $14,828.78 for the final payment request of Daniel W. Garey, Contractor for the Sara Simms Park Expansion Project was misted on the original Approval of Bills. It was later added on the Addendum to the Commission Agenda and approved ~here as well. 3- Correction to City Commission Meeting Minutes of i August 15, 1989 In her memo of August 31, Mrs. Boroni informed Mr. Hunt that ~n page 20, reference is made to an appeal from a Code ~nforcement lien. The property referred to as being located on N. W. 7th Avenue is on N. E. 7th Avenue. Special City Commission Meeting Minutes of August 22, 1989 Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Golf Course Cash Receipts - Written Quotation The Tabulation Committee recommended awarding the quote to ~he lowest bidder, Moore Business Forms, Boca Raton, in the ~mount of $3,308.21. 2. Jamaica Bay Force Main Materials The Tabulation Committee recommended awarding the bid to B~merican Cast Iron, Orlando; Davis Meter & Supply, West Palm each; and United States Pipe & Foundry, Fort Lauderdale, on a per item basis for a total of $53,047.24. 3. Joint Co-op Uniform Bid The Cooperative Purchasing Council of Palm Beach County ecommended extending the contract for another year with artin Lamar Uniforms, Miami, Florida. 4. Joint Co-op Anhydrous Ammonia The Cooperative Purchasing Council of Palm Beach County renewed the contract for another year with Bower Ammonia & . emical Co., Philadelphia, Pennsylvania, in the amount of 179 per pound. 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 5. Joint Co-op Chemical and Fertilizer In his memorandum dated August 31, 1989, addressed to George Hunt, Interim City Manager, William Sullivan, Director of Purchasing explained the Tabulation Committee's recommendation of how the bid should be awarded. 6. Knuckle Boom Crane . TABLED Commissioner Wische moved, seconded by Commissioner Hester, $o remove this item from the table. Mayor Moore recalled %hat the Commission had asked for more input from the City Staff. Commissioner Wische removed his motion, and Commissioner Hester removed his second. John Guidry, Director of Utilities, referred to his memo of August 31, 1989 and stated the City's primary concern is being able to maintain the wells. If privatization was the %cenario, he emphasized that the wells will always be the City's responsibility. C. Resolutions Proposed Resolution No. 89-00 Re: Abandonment of a ten foot wide utility easement - Cranbrook Lakes Estates PUD A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, ABANDONING A TEN FOOT WIDE UTILITY EASEMENT; THE UTILITY EASEMENT BEING LOCATED ON LOT 18, BLOCK 2 OF THE CRANBROOK LAKES ESTATES PLANNED UNIT DEVELOPMENT, SAID ~ROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHOR- IZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY PROVIDING THAT THE ATTACHED DISCLAIMER EASEMENT; BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, ~LORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" D- Development Plans None. 7' Consider approval of Change Orders 21 and 22 for Seppala and Aho Bill DeBeck, Project Manager, attached Change Order 21 for 12 items in the amount of $6,305.48 to his memo dated ~une 15, 1989, addressed to Mr. Hunt. Change Order 22 in She sum of $11,760.44 was attached to his memo of August 10, 1989, also addressed to Mr. Hunt. 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Vice Mayor Olenik questioned Change Order 21. He noted five or six items were to bring the building to Code and ques- tioned whether it was the City's or the Contractor's respon- Sibility to pay for them. Mr. Hunt replied it would be ~egotiated at the end of the project, and he explained. The ~etainage funds were stricken from the two he added tonight. (See "AGENDA APPROVAL", page 1 of these minutes.) Vice Mayor Olenik had the same questions for Change Order ~2. Mr. Hunt answered that in some cases, the plans had to be brought to Code in the field. Commissioner Wische thought ~he plans were to be according to Code before the bid went ~ut. Mr. Hunt explained that the plans were approximately ~00 pages. What the City is paying for is the difference in what the City would have paid for if it was included. ~fter further comments about Change Order 22, Mayor Moore ~sked if anything more had been done about getting informa- tion about the structural stress of the building and the parking garage. Mr. Hunt answered negatively. Mayor Moore Stated that he will not vote to authorize any improvement on %he project until that is done. These appeared to be field 6rders not previously approved by the Commission, and he emphasized that he would not stand for any more. If the ~rchltect and/or Contractor do not know how to draw plans to meet Code, the City should make sure they do. Mayor Moore ~ntended to vote against any more payments on this type of Operation. He asked that the Project Manager not approve any more change orders unless they come to the Commission ~efore the work is done. F- Consider ratification of South Central Regional Wastewater Treatment and Disposal Board Action of August 3, 1989 1. 1989/1990 Operating Budget 2. Wholesale Sewage User Charge 3. 1989/1990 Capital Expenditure Consider approval of Lien Appeal 1. A. Stuart Realty Corporation 2. Charlotte Carle & Edward Robbins 3. Lomar Commissioner Weiner requested that these lien appeals be ~oved to "LEGAL, D. Other." The Commission agreed to this. 6 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Consider zoning approval for alcoholic beverage license Applebee's Neighborhood Grill & Bar Apple South, Inc. 701 North Congress Avenue, %1 Boynton Beach, FL 33436 A1 Newbold, Permit Administrator, by memo dated August 24, 1989, advised that zoning at the above address permits the ~ale of beer, wine and liquor for consumption on premises in conjunction with a duly licensed restaurant, with seating Capacity for 150 patrons. City Lights Deli City Lights Deli Sandwich 701 North Congress Avenue Boynton Beach, FL 33436 in his memo dated August 30, 1989, Mr. Newbold wrote that :oning for the above location permits the sale of beer and Pine for consumption on premises in conjunction with a duly .icensed restaurant. Consider approval of application for Certificate of Public Convenience and Necessity Blue Streak Limo Service, 4735 West Atlantic Avenue Delray Beach, FL 33445 II~c. ~ayor Moore noted the application showed that the place of ~usiness for this service is Delray Beach. If their place Of business is in Delray Beach and their residence is in ~oynton Beach, he did not think they were obligated to pur- chase an occupational license. If they have a place of %usiness in Boynton Beach, they should under the go ecessary procedures under the City's Taxicab Ordinance. r. Hunt interjected that it had not been determined whether ~he limo service has a place of business in Boynton Beach. ~is item was TABLED. J. Consider approval for renewal of Typewriter Maintenance i Contract e Purchasing Director, by memo to Mr. Hunt dated gust 25, 1989, advised that Better Business Equipment, lray Beach, is interested in renewing the contract from ~ctober 1, 1989 thru September 30, 1990. ~ice Mayor Olenik wanted to know the cost of the contract. ~!r. Hunt replied he would get the cost to the Commission before the end of the meeting. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 K. Consider approval of authorization to dispose of records - Authorization Nos. 98 and 99 Betty Boroni, City Clerk, by memos dated August 30, 1989, advised that she had disposal authorization from the State of Florida, Division of Archives. L. Consider approval of invoice for removal of : Five Australian Pine Trees at the Golf Course The Purchasing Director attached a letter from Joe Sciortino, Golf Course Manager, to his memo of August 28, 1989 addressed to Mr. Hunt, and requested payment of the invoice from Snapp Tree Service Inc., Delray Beach, in the amount of $2,000. Mayor Moore felt the price was high. Consider approval of contingency transfer - Cash Audit Finance Dept. Grady Swann, Finance Director, explained that when ~he City Treasurer left, she requested that the City do an audit. The audit was delivered to his office, and he will transfer ~t to the Commission. Consider approval for transfer of funds - Recreation Department BY memo to Mr. Hunt dated August 30, 1989, Charles Frederick, Director of Recreation & Park Department, requested the ~ransfer of $5,000 for the replacement of ten crossarms at %he Little League Field by American Lighting Maintenance, West Palm Beach. Consider approval of amendment to the Housing and Community Development Agreement for land acquisition Time Extension ~ohnnetta Broomfield, Director of Community Improvement Department, outlined the reasons for the extension in her memorandum to Mr. Hunt dated September 1, 1989. Consider approval to dispose of theater chairs Er. Hunt informed Mayor Moore that these were the chairs an the old City Hall that had been transferred to Pineland plaza. He proposed that the City take them to the land fill, as there is no market for them. Mr. Hunt further explained. 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Consider approval of Sign Ordinance Variance Application - Lake West Equity Management The Building Department recommended approval of this variance request, subject to the proposed signs complying with the approved sign program for the shopping center. Vice Mayor Olenik wished to see a plan, and he asked if the green Awnings being installed at Sunshine Shopping Center had been approved. Don Jaeger, Building Official, answered that the issue was brought up by Former City Manager Cheney, and the Commission was interested in reviewing that. It was ~ermitted on the basi~ of being under $100,000 in value. ~r. Jaeger explained the plan. In the future, Vice Mayor 01enik thought the Commission should see the plan and what Rind of variance they would be approving. He also asked ~hat the Commission be provided with copies of the minutes from whatever meeting it was decided they did not want to discuss the awnings. Both he and Commissioner Weiner did not remember seeing that. R- Approval of Bills ~ee list attached. Mr. Hunt added payments to Seppala & Aho in the amounts of $14,211.67 and $32,036.40. Vice Mayor Olenik questioned "~14, Michael E. Kazunas, interview and moving expenses, $2,637.89." Mr. Hunt {nformed him that Mr. Kazunas is an Assistant Utility Engineer. The City normally does not pay moving expenses. ~ayor Moore asked if the City pays routine interview expen- Ses. Mr. Hunt replied that it was up to the City ~ommission. Commissioner Wische asked how the invoices of Spillas, ~andela & Partners, Inc. (~s 30 and 31, both in the sum of $16,328) were arrived at. Mr. Hunt explained that the ~igures were arrived at by the City analyzing the plans and saying that percentage was complete. Mayor Moore wondered ~here the City stood with completion of the plans. Charles ~rederick, Director of Recreation and Parks, responded that ~he City is in the process of reviewing the proposed plans ~nd anticipate coming back to the Commission on the 19th of September with a full report. There was discussion. City Attorney Rea explained to Mayor Moore that bill ~11 ~rom Green, Eisenberg & Cohen in the sum Of $6,517.75 was ~ecause the Federal Judge did not dismiss the lawsuit with prejudice. Southern Entertainment filed again and added 9 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 more allegations, which the City was forced to answer. The City is now hoping the Judge will dismiss the case. Mr. Hunt explained to Mayor Moore that the $14,211.67 and $32,036.40 payments to Seppala & Aho were for work they have been doing. They are hoping to be finished the end of October or early November. Motion on Consent Agenda Vice Mayor Olenik moved to approve the Consent Agenda with the exception of Items B, 6; G, 1, 2, and 3, and I and the addition to item R of the bills to Seppala & Aho in the Amounts of $14,211.67 and $32,036.40. Commissioner Wische seconded the motion. The motion carried 5-0 on all items except item E, where the vote was 4-1. (Mayor Moore voted against both Change Orders in item E.) Under "R, Approval 9f Bills", Vice Mayor Olenik abstained from voting on bill ~20. (See Form 8B, Memorandum of Voting Conflict attached %o the original copy of these minutes in the Office of the City Clerk.) BIDS Congress Avenue Park By memo to Mr. Hunt dated September 1, 1989, the Purchasing Director advised that the bid from P N M Corporation, Miami Was the only bid received. He recommended the Commission reject the bid, which was on the high side. If they would ~ake off a couple of the alternates, the bid would be less complicated. Mr. Hunt elaborated. Mr. Frederick advised that the project came in at $1,600,000, and the budget is $900,000. When the project was originally budgeted for Congress Avenue, it did not include the Madsen Center. That was changed when the multi- purpose center was moved to a downtown site. Additional funds were not allocated for that cost. The project was bid in two parts (one the tennis courts and one the Madsen Courts), but there was only the one bid. Mr. Frederick explained, and discussion ensued. Matthew S. Mathes, ASLA, WRT, Inc., 191Giralda Avenue, ~enthouse, Coral Gables, FL 33134, explained that the Commission was looking at about $92,000 for the $110,000 shown on the base bid for general conditions, which Vice Mayor Olenik had questioned. It was for the salary of the project Manager and permits which would occur in both projects. Mayor Moore commented that they were $700,000 Qver the budget, and he felt they should cut back the anti- cipated scope of the project. 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 If they bid just the racquet center portion, Vice Mayor 01enik wondered what the City would do with the Madsen Center. Mr. Frederick answered that the Madsen Center basically hinges on what happens to the Civic Center project. There was further discussion. Vice Mayor Olenik thought the Commission still intended to build a multi-purpose facility downtown and get rid of the 01d Madsen Center. Mr. Frederick informed them that the base bid on the replacement of the Madsen Center itself came to $690,000, and no funding is allocated for it at this time. As some alternates were a part of the bid, Mr. Frederick ~hought it would probably be in the range of $800,000. ~f they put out a bid on both, ~hey could put in the contract Madsen Center until the tennis Commissioner Wische asked if that they not start on the courts are completed. BY splitting the projects, Mr. Mathes stated that the Contractor would be uncertain as to the City's intent. He informed Commissioner Wische that it was possible to have ~wo bids, but he thought it would be a lot to ask a bidder to go through. Mr. Mathes did not think there was a big ~ield of Contractors who would have the bonding capacity for a contract this size. There was further discussion about the budget and the Madsen Center. Mr. Mathes informed Mayor Moore that they have been providing ~ost estimates at every stage of the design and have been consistently saying the City has about 1.4 million or 1.5 ~illion dollars in the project. The bids came in at 1.6 million dollars, which he thought was reasonable. Mayor Moore asked if the City's technical people look at the ~lans before recommendations come to the Commission. r. Frederick answered that Bill DeBeck, Project Manager, ~nd the Architect look at them. Sometimes the Engineering Department looks at them. Discussion ensued about who is dontacted so the City will get bids. Mr. Mathes advised ~hat at 1.5 million dollars, the project is too small for the big guys and too big for the little guys. It has to be ~educed down to the $700,000 range and go out like that, or ~he City should take what it can get. Based on the current master plan and the short and long range plans, Mr. Frederick informed Commissioner Weiner that the Madsen Center could stay there, and the Civic Center can function simultaneously. Commissioner Weiner moved that only the tennis courts be rebid, seconded by Commissioner Wische. Motion carried 5-0. 11 MINUTES - REGULAR CITY COMMISSION BOYlqTON BEACH, FLORIDA SEPTEMBER 5, 1989 PUBLIC HEARING None. PUBLIC AUDIENCE City Newsletter Barbara Kruger, 2563 S. W. 10th Court, Chairwoman of the COmmunity Relations Board (CRB) and a member of the Boynton Beach Task Force on Racial Tension, read recently that the ~alue of the City's Newsletter is being questioned. At the first meeting of the Task Force in November of 1987, it was ~oted that the City needed to communicate and inform the public on issues of a serious concern. In March of 1988, ~he City Commission was urged to establish a newsletter to be distributed monthly to all Boynton Beach citizens. She asked the Commission not to put an end to the newsletter or alter it. Mayor Moore informed Mrs. Kruger the cost of the newsletter Is about $100,000 a year. As a Member o~ the Task Force, Mrs. Kruger assured Mayor Moore that the Federal Government forced nothing on the City. It was a group of nine citizens ~f the City, who met on a regular basis. The need for a 9ewsletter was brought up by the CRB three years prior to ~he Task Force. After further comments, Mayor Moore advised that there will be a meeting tomorrow night on the budget, and he was sure %he newsletter would be discussed at that time. DEVELOPMENT PLANS A. Consider approval of application for annexation - Agape Bible Church, Inc. Jim Golden, Senior Planner, stated that this was placed on ~he agenda for forwarding to the Planning and Zoning (P&Z) Board. An accompanying land use and zoning change were ~nvolved which must go through public hearings prior to adoption of an Ordinance. Notices have been sent for hearings in October. Vice Mayor Olenik moved, ~hat the application be Carried 5-0. seconded by Commissioner Hester, forwarded to the P&Z Board. Motion Project Name: Boynton Beach Mall - Sears Addition (Postponed to 9/5/89) Agent: Cormac Conahan, Esq. 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Owner: Location: Description: Boynton-JCP Assoc., Ltd. Lake Worth Drainage District North Congress Avenue at Old Boynton Road, northwest corner SITE PLAN MODIFICATIONS: Request for an amended site plan to allow for the addition of a 134,526 square foot department store and a change in parking lot layout and design This item was postponed for two weeks. APPROVAL'', page 1 of these minutes.) ¢. (See "AGENDA Project Name: Homing Inn Agent: Raymond M. Rood, Project Architect Owner: Richard Grimes Location: South Federal Hwy. at S.E. 28th Circle, southwest Description: Site Plan Modifications: Request for approval of an amended site plan to allow for the addition of three new buildings (increase in unit count from 114 to 125) ~ose Chuka, 23 Colonial Club, objected to the number of buildings being constructed opposite Colonial Club and ~hought it would look like a tenement development. She ~nderstood over 125 apartments would be there. ~ayor Moore did not like the development either but informed Ms. Chuka that the property was zoned commercial and met all ~f the requirements. The only reason the project was held ~p the last time was to see if an elevator was necessary. Ms. Chuka asked how there could be three story buildings ~ith no elevators. Mayor Moore informed her this would be a motel, not apartments. Carmen Annunziato, Director of Planning, confirmed that the property is zoned C-3 Commercial. Hotels and motel apart- ments are a permitted use. The density is regulated by ~arking. Richard Grimes, Owner of Homing Inn, did not anticipate ~nstalling elevators at this time. However, they have made preparations for elevators to be installed in the future. The project was tabled at the last meeting because of access- ibility to the third floor by the handicapped. Mr. Grimes ~eferred Vice Mayor Olenik to the Standard Building Code and read from page 333. If there was a fire, he said a ~andicapped could not use the elevator. Also, person they have 33% handicapped units versus the 25% that is required. 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Mr. Grimes stated that they came in with another plan to demolish the old, existing structures because the old struc- tures were non-conforming. People from Germany and Finland have asked about the units. It is to be an affordable motel. Discussion ensued about the handicapped and emergencies. Attorney Rea interjected that the City cannot impose more Stringent conditions than the State Statutes now have. ~ new Bill was passed by the Legislature that specifically ~rohibits any local government from imposing more severe nequirements than the State requires. Vice Mayor Olenik mentioned discrimination, the handicapped, ~he Standard Building Code, and emergencies and stated that ne could not approve the project unless he could be assured ~hat 25% of the units would always remain available for Handicapped people visiting in the City. Mr. Grimes replied ghat he could not do anything but try to move someone to ~nother floor if those rooms are taken. ~ommissioner Wische moved, seconded by Commissioner Hester, approve the plans. Motion carried 4-1. Vice Mayor 01enik voted against the motion. 5EGAL Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-21 Re: Zoning Ordinance Upholstery & Carpet Steam Cleaning Businesses ~ity Attorney Rea read proposed Ordinance No. 89-21 on ~econd and final reading, by title only: 'lAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON iEACH,FLORIDA, AMENDING SECTION A-ZONING. TO PROVIDE FOR PHOLSTERY AND CARPET STEAM CLEANING BU$INESSE~ AS A ERMITTED USE WITHIN THE C-3 AND M-1 DISTRICTS, PROVIDING HAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING NOT ~PECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS dLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY 70 CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER ~URPOSES." ~ob Fauser, 125 S. E. 6th Avenue, said that presently, if a ~ar~et steam cleaning business wants to locate in an M-1 ~on~ng district, certain requirements must be met. If the business is within 300 feet of a residential area, an ~nvironmental review permit is required. Mr. Fauser qutlined what an Environmental Review Committee would ~onsider. Under this proposed Ordinance, carpet steam 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 cleaning companies would be permitted in an M-1 zoning district but there would be no distance requirement. If the Ordinance was passed, a carpet steam cleaning business could locate across the street from single family homes without applying for an environmental review permit. City Attorney Rea confirmed that was correct. There were some comments about chemicals. Commissioner Hester moved to continue the public hearing Until the next Commission meeting, seconded by Vice Mayor Olenik. Motion carried 5-0. ~ayor Moore agreed with Mr. Hunt that the Commmission should be provided with a list of the chemicals involved. Mr. Annunziato advised that the Utilities Department had ~xpressed concern at the Technical Review Board (TRB) meeting. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 89-23 Re: Noise Control City Attorney Rea read proposed Ordinance No. 89-23 on first reading by title only: '!AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING THE 'CITY OF BOYNTON BEACH NOISE CONTROL ORDINANCE', SECTION 15-8.5 NOISE CONTROL-PROHIBITED ACTS AND SECTION 15-8.6 SAME-EXEMPTIONS TO PERMIT CERTAIN MUSICAL INSTRUMENTS AS EXEMPT DURING CERTAIN HOURS; PROVID- ING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15 NOT ~PECIFICALLY AMENDED HEREIN 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" City Attorney Rea explained that the Ordinance allows the ~laying of non-amplified solo musical instruments played by an individual within a private residence between the hours Of 9:00 A. M. and 8:30 P. M. Mayor Moore recommended that Bhe hours be from 7:00 A. M. and 8:30 P. M. Discussion ensued about amplified and non-amplified ~usical instruments and whether two people could get together At the same time to practice. Vice Mayor Olenik thought they would run into problems. He had a question about the specific prohibitions on the first page, and he explained. There was discussion about amending the proposed Ordinance ~nd teenagers practicing at home. 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 City Attorney Rea agreed that musical instruments and similar devices were eliminated from the specific prohibi- tions on the first page. He pointed out that as soon as they amplify, they will amplify with loud speakers, and that would bring the prohibition. He did not think the Ordinance needed to be amended. Police Chief Hillery told about the kinds of complaints the ~olice Department receives and wondered if the Ordinance Would cover that. Mayor Moore replied that it would. ~ommissioner Wische moved, seconded by Commissioner Hester, go approve proposed Ordinance No. 89-23 on first reading. A roll call vote was taken by Sue Kruse, Deputy City Clerk, as follows: Vice Mayor Olenik Commissioner Hester Commissioner Weiner Commissioner Wische Mayor Moore Aye Aye Aye Aye Aye ~tion carried 5-0. 2. Proposed Ordinance No. 89-24 Re: Newsracks City Attorney Rea read proposed Ordinance No. 89-24 by title ~nly, on first reading: 'lAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1~, ARTICLE VI NEWSRACKS, SECTION 15-88 ENFORCEMENT OF NEWSRACK PROVISIONS, TO PROVIDE FOR REMOVAL OF NEWSRACKS AFTER NOTICE AND HEARING; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15 NOT SPECI- FICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; ~ROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES" Vice Mayor Olenik moved, seconded by Commissioner Weiner, ~o approve proposed Ordinance No. 89-24 on first reading. A roll call vote on the motion was taken by Mrs. Kruse, as follows: Commissioner Hester Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Aye Aye Aye Aye Motion carried 5-0. 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 3. Proposed Ordinance No. 89-25 Re: Annexation Lake Worth Drainage District City Attorney Rea read proposed Ordinance No. 89-25 by title only, on first reading: ?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 SECTION 171.044, FLORIDA STATUTES; 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" Commissioner Hester moved, seconded by Vice Mayor Olenik, ~o approve proposed Ordinance No. 89-25 on first reading. ~rs. Kruse took a roll call vote on the motion, as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester Commissioner Weiner Aye Aye Aye Aye Aye ~otion carried 5-0. 4. Proposed Ordinance No. 89-26 Re: Amending Article IV, Pensions for Firemen ~ity Attorney Rea read proposed Ordinance No. 89-26 by title ~nly, on first reading: ?AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~EACH, FLORIDA, AMENDING CHAPTER 18, PENSIONS AND RETIREMENT, ARTICLE IV, PENSIONS FOR FIREMEN; BY PROVIDING FOR THE SEX EUTRAL IDENTIFICATION OF THE PROFESSION AS FIREFIGHTERS; UTHORIZING THE MUNICIPAL CODE CORPORATION TO MAKE ALL OF THE APPROPRIATE CHANGES TO REFLECT SAID DESIGNATION; PRO- VIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 18 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 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" Vice Mayor Olenik moved, seconded by Commissioner Hester, to approve proposed Ordinance No. 89-26 on first reading. A roll call vote was taken by Sue Kruse, Deputy City Clerk, ~s follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. I 5. Proposed Ordinance No. 89-27 Re: Insurance Prerequisite to License or Registration City Attorney Rea read proposed Ordinance No. 89-27 by title ~nly, on first reading: tAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF SAID ITY, SPECIFICALLY CHAPTER 13, ARTICLE II, SECTION 13-37, NSURANCE PREREQUISITE TO LICENSE OR REGISTRATION, TO ~EQUIRE PROOF OF WORKERS COMPENSATION INSURANCE; PROVIDING HAT EVERY OTHER PROVISION OF CHAPTER 13 NOT SPECIFICALLY ~ENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS ~REVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; ~ROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" ~ommissioner Wische moved, seconded by Commissioner Hester, ~o approve proposed Ordinance No. 89-27 on first reading. ~ roll call vote was taken by Sue Kruse, Deputy City Clerk, Ls follows: Mayor Moore Vice Mayor Olenik Commissioner Hester Commissioner Weiner Commissioner Wisehe Aye Aye Aye Aye ~tion carried 5-0. 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 6. Proposed Ordinance No. 89-28 Re: Amending Chapter 2, Administration Article II, City Manager City Attorney Rea read proposed Ordinance No. 89-28 by title Only, on first reading: 'iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, CHAPTER 2. ADMINISTRATION ARTICLE II, CITY MANAGER; BY REPEALING IN ITS ENTIRETY SECTION 2-28, REMOVAL OR SUSPENSION; AMENDING SECTION 2-29. ATTENDANCE AT COUNCIL MEETINGS TO CLARIFY THOSE RIGHTS GRANTED TO THE CITY MANAGER; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" ~ommissioner Wische moved, seconded by Commissioner Hester, to approve proposed Ordinance No. 89-28 on first reading. Commissioner Weiner was so concerned about the ramifications ~f the adoption by the Commission of changes in the City Charter that she wrote a letter to the Attorney General of ~he State of Florida, asking for his legal opinion on the ~hanges. She asked the Commission to table proposed Qrdinances Nos. 89-28 and 89-29 until they could hear from ~he Attorney General. ~ommissioner Hester was disturbed about Commissioner Weiner Writing to the Attorney General because the Commission ~ecided, with the advice of the City Attorney, that they Would have these changes. He was sure City Attorney Rea had ~esearched this. Commissioner Hester saw no reason to table ~he Ordinance because it would correct some mistakes in the Old Code. Vice Mayor Olenik had no problem with asking the Attorney ~eneral for his opinion, but the City Attorney had given his Opinion. He did not think they should hold up the Ordinance. ~ayor Moore apprised the Commission that the Attorney eneral's opinion would be no more binding than his or any ther Attorney in Florida. He thought there should be a rocedure that if anyone did not like the opinion of the City Attorney and the majority of the Commission, the person Should not write to the Attorney General. The person should ~equest the City Manager to get the Commission's approval to ~sk for a second opinion. There were further comments. Commissioner Hester thought it was outrageous and not right ~or Commissioner Weiner to send the minutes of a P&Z Board meeting to the Attorney General when the Commission had not Seen proposed Section 19 and had not voted on it. 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 A roll call vote on the motion was taken by Sue Kruse, Deputy City Clerk, as follows: Vice Mayor Olenik Commissioner Hester Commissioner Weiner Commissioner Wische Mayor Moore Aye Aye Nay Aye Aye Motion carried 4-1. 7. Proposed Ordinance No. 89-29 Re: Amending the Charter, Article IV, Administration, Section 49 City Attorney Rea read proposed Ordinance No. 89-29 by title 0nly, on first reading: ?AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CHARTER OF SAID CITY, ARTICLE IV ADMINISTRATION, SECTION 49. GENERAL PROVISIONS.; TO PRO- VIDE THAT THE CITY MANAGER SHALL WORK AT THE PLEASURE OF THE CITY COMMISSION; BY AMENDING PROVISIONS DEALING WITH INTER- FERENCE WITH SAID ADMINISTRATION; BY DELETING PROVISIONS iMPOSING PENALTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING % SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; pROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Commissioner Hester moved, seconded by Vice Mayor Olenik, to approve proposed Ordinance No. 89-29 on first reading. Commissioner Weiner made the same objections she had made to proposed Ordinance No. 89-28 and quoted from Chapter 166, Florida Statutes. She stated that any changes in the form Of government or any rights of municipal employees would ~eed the approval by referendum of the electors and ~equested the Commission wait for the opinion of the State Attorney General. ~ity Attorney Rea interjected that he read the same Florida Statute and also read all of the cases and the Attorney ~eneral's opinion that interpreted that particular provision 0f the Chapter. He believed Commissioner Weiner's ~nterpretation of the application of that statutory provision was inaccurate and incorrect. City Attorney Rea suspected that the Attorney General will return Commissioner Weiner's request unanswered. He took affont to Commissioners pointing out a statutory provision he was well aware of, had done a lot of research on, and had interpreted. City Attorney Rea thought it was uncalled for. 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 He believed if the Commission did get an opinion Attorney General, it would verify what he said. Moore agreed. from the Mayor Mayor Moore thought they should develop a policy so there will not be a reoccurrence of this, and he repeated state- ments made previously under Ordinance No. 89-28. ~ommissioner Wische told Commissioner Weiner she interfered With the administrative duties of the Interim City Manager ~y sending a letter directly to Arthur Lee, Personnel anagement Specialist requesting that Mr. Lee report directly to her with information requested by her. That was a violation of what the Commission would be omitting in the proposed Ordinance. Commissioner Wische read the letter, which requested information regarding the Civil Service ~uidelines under which Boynton Beach employees are hired and ~ired, information as to whether there are any other municipalities of a comparable size to Boynton Beach oper- ating without the benefit of Civil Service guidelines, and ~hat Mr. Lee enumerate what an employee's rights are to Overturn a dismissal under the Civil Service guidelines. ~ommissioner Weiner wanted to receive the information no ~ater than Thursday, August 10, 1989. Mr. Hunt interjected that Commissioner Weiner ran the letter through his office. ~here were other comments. A roll call vote was taken by Sue Kruse, Deputy City Clerk, as follows: Commissioner Hester Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Nay Aye Aye Aye Motion carried 4-1. 8. Proposed Ordinance No. 89-30 Re: Citrus Park Planned Unit Development Rezoning City Attorney Rea read proposed Ordinance No. 89-30 by title 0nly, on first reading: 'lAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON ~EACH, FLORIDA FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO PUD (PLANNED UNIT ~EVELOPMENT), CITY OF BOYNTON BEACH, WITH A LAND USE 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 INTENSITY OF 4.0 (PUD LUI = 4) TO ALLOW FOR SUBSTANTIAL CHANGES TO THE APPROVED MASTER PLAN, INCLUDING THE ELIMI- NATION OF A PROPOSED FIVE (5) ACRE PUBLIC PARK, SAID PARCEL BEING LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION EIGHTEEN (18), TOWI~SHIP FORTY-FIVE (45) SOUTH, RANGE FORTY- THREE (43) EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" When this was brought up the first time, Vice Mayor Olenik was disturbed that, through no fault of the new owner of the land, a five acre park would be eliminated. He thought it Was badly needed in this section of the City, and felt the School Board was desirous of having it. Therefore, Vice Mayor Olenik would be voting against the proposed Ordinance. Commissioner Hester moved, seconded by Commissioner Wische, to approve proposed Ordinance No. 89-30 on first reading. A roll call vote was taken by Sue Kruse, Deputy City Clerk, as follows: Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester No Aye No Aye Motion carried 3-2. C. Resolutions None. D. Other 1. Consider approval of Municipal Recycling Grant/Interlocal Agreement Vice Mayor Olenik called attention to the second and third ~entences under "4. Curbside Service Area" in the Agreement, which Craig Grabeel, Management Services Director, explained. Vice Mayor Olenik determined that either the Authority or the City can provide the promotion materials. Vice Mayor Olenik moved to approve the Agreement, seconded by Commissioner Hester. Motion carried 5-0. 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 2. Consider approval of Senior Aides Agreement Commissioner Hester moved, seconded by Commissioner Weiner, to approve the Agreement. Motion carried 5-0. 3. Payment of Tradewinds Fine Mr. Hunt explained that the City proposes to borrow money from the Utilities fund and pay the Utilities fund back in installments with the appropriate interest. Mayor Moore ~ecalled that it was imperative that the Attorney have the check no later than the hearing on the 8th. City Attorney Rea replied that it will be in the Attorney's possession tomorrow (Septmber 6, 1989). Mr. Hunt explained to Vice Mayor Olenik why the City preferred to take the money from the Utilities fund. Moore said they were talking about $293,000 the Court 6rdered to cover the fine. Mayor Commissioner Wische moved, seconded by Commissioner Hester, to pay the fine. Motion carried 5-0. 4. Vander Ploeg and Associates Request for $30,000 Refund of a Traffic Signal Escrow Attorney Rea pointed out that negotiations between the ~wo parties were going on in the back of the Chambers. He Selt the issue should be resolved between the two private parties and should not be on the agenda. The City cannot ~eep $30,000 for the traffic light. Mayor Moore asked if ~he City has two bonds or two assurances for two different sources that the light can be put in. City Attorney Rea ~nswered affirmatively. ~teven W. Deutsch, Quantum Corporate Park, thought the ~atter had been cleared up, and he explained. A representa- tive said if they get to the point (at the time they are .O.'d) that they need to install traffic signals, they will ost a bond and install a light. The cost of the light is ~otally in their development. if the development is built out before the traffic shows on the Quantum side, Vice Mayor Olenik asked if the representa- tive was saying they would pull a bond to do it. If they never build and Quantum's traffic accelerates to a point where a traffic light is needed at the intersection, Quantum will fund the light. The representative answered Affirmatively. 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Commissioner Hester moved, seconded by Vice Mayor Olenik, to refund the escrow. Motion carried 5-0. 5. Tax Deeds - City Attorney Rea The City received notice from Palm Beach County that they will be auctioning three parcels of land for payment of ~axes. City Attorney Rea said the parcels are in the area Of land targeted by the City for future purchase from funds provided by the County. The total tax payment would be $2,700. It is almost impossible to find the owners. ~ity Attorney Rea outlined the options the City had. Mayor Moore asked that the Commission be furnished material which Would indicate what lots the City is trying to get. City Attorney Rea informed him that the lots will be auctioned on September 13, 1989, before the next meeting. Mayor Moore suggested that the City buy the certificates from the County. Mr. Hunt stated that they could be funded from Community Improvement funds and apply for the funds to ~e reimbursed through the County's HUD funds. There was discussion about the certificates. ~ity Attorney Rea said the City will approach the County and ave the certificates assigned to the City. If the County s not amenable to that, Vice Mayor Olenik thought the ~ommission should authorize the City to bid. 6. Lien Appeals 1. A. Stuart Realty Corporation Violation Address: Vacant lot, N. E. Violations: SeCs. 10-2 & 10-3 Current Lien: $16,449.33 7th Avenue Mayor Moore noted Wilfred Hawkins, Acting Assistant to the ~ity Manager, recommended a 10% reduction in the fine, which Would equal $14,804.39. Uice Mayor Olenik called attention to the two years that ~he City had been ignored. After discussion by the Commission as to how they felt, ~lizabeth Merceret, Attorney for Alan Ollnick, President of ~. Stuart Realty Corporation, apprised the Commission that ~r. Olinick received a letter from the Department of Health and Rehabilitative Services (HRS) threatening to fine him $500 a day for each and every mangrove he mowed. She thought $16,449 or 10% off was too much money and punishment for What Mr'. Olinick did. Most of the property is mangroves. 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Attorney Merceret informed Commissioner Hester that the one tree has been cut down. Mayor Moore asked what Attorney Merceret thought would be fair. She asked for $1,000. Mr. Hunt said $1,000 would cover the administrative costs. Commissioner Hester moved to reduce the fine to $2,000, Seconded by Commissioner Wische. The motion carried 4-1. Vice Mayor Olenik voted against the motion. Charlotte Carle & Edward Robbins Violation Address: 137 S. E. 15th Avenue Violations: Sec. 80-3(b), 90-1 and 90-4, National Electrical Code/Unsafe Electrical System Current Lien: $543.40 BY memo dated August 30, 1989, Mr. Hawkins recommended the fine be reduced to $271.70. Vice Mayor Olenik moved, seconded by Commissioner Wische, ~o approve the recommendation. Motion carried 5-0. 3. Lomar Industries Violation Address: Violations: Current Lien: 128 N. E. 6th Avenue 13-6, City Ordinance and 103.1-103.8, Standard Building Code $66,136.68 philip Cullen, Attorney for Lomar Industries, ~21 South Federal Highway, %9, Fort Lauderdale, FL, informed ~he Commission that the property is not owned by Lomar Industries. He did not know whether the owners received hotices of the proceedings. Lomar Industries subcontracted ~ut the work, and the subcontractor did not get a building permit. The City issued a notice of violation in June, 1988. A permit was applied for and was obtained. The Code Enforcement Board gave them thirty days to comply, but the Subcontractor did nothing further. %ttorney Cullen stated that the City's enforcement personnel ~eclined to let Lomar Industries have another subcontractor pull a permit, which was totally improper under the South Florida Building Code and the City Ordinances. Ultimately, all of this was corrected. Lomar paid $1,500 to get the ~econd subcontractor to do the work. His client has totally ~omplied and has attempted to comply from the start. ~ayor Moore asked if Attorney Cullen was saying there were ~efects in the procedures that might invalidate the lien because the City did not have the proper owner. Attorney Cullen answered affirmatively and added that Lomar Industries was the contractor for the owner. 25 MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA SEPTEMBER 5, 1989 Mr. Hunt interjected that this involved going after the violator rather than the property owner. The recollection of events referred to by Attorney Cullen was different than what had been related to the City by the Building Department. Lomar had been asked to fix the problem. Lomar had said they were out of town and could not be touched. The City Attorney had advised that it may be possible to go after some equipment or assets of Lomar. Attorney Cullen emphasized that the permit was issued. The action was in progress before the Code Enforcement Board took action on the hearing. Attorney Cullen told the Commission he provided the City Attorney with two letters from his client, setting forth the whole problem. The president of Lomar, who had participated in certain conversations, was present at this meeting. It appeared to Mr. Hawkins that there was an interpretation problem. The application was made, but Mr. Brian Tepper of ~omar Industries appeared before the Code Enforcement Board. The work was already done. The violation had to do with ~he improper permit. The issue was them seeking the proper permits. The Code Enforcement Board gave them an extension to seek the proper permits. By September 25, 1988, permits Still were not obtained. Lomar oame back and got a final 9pinion from the Building Official as to what to do in October of 1988, and this was finished in June, 1989. Attorney Cullen emphasized that the crucial thing was the date the permit was applied for. That was before the Code Enforcement Board took any action at all. He noted there had been no comment at all on the fact that the Code Snforcement Board itself and the Building O~ficial were the Ones giving out the information that his client used the Same subcontractor to get the permit pulled, which simply Was not the law. Mr. Hawkins argued that the Building Department gave them what procedures they had to go through. Attorney Rea advised Mayor Moore that placing a lien on the personal property of the General Contractor is permissible ~nder the Code Enforcement Law. If the violator does not own the property but a violation occurs, the City can record a lien of record against the personal property of the Violator. Attorney Cullen told Attorney Rea the Claim of 5ien, signed by Enrico Rossi, said the property was owned by Lomar Industries. Attorney Rea stated he would have to look at it. Vice Mayor Olenik moved to TABLE this matter, seconded by Commissioneer Hester. Motion carried 5-0. 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 QLD BUSINESS A. Discuss Community Relations Little League Park Board Recommendations Mr. Hunt drew attention to the memorandum dated August 22, ~989 from Mr. Hawkins, which the Commission had received. Commissioner Weiner referred to the time spent by the Community Relations Board on the problem. She hoped the City would do whatever was legally possible to help the ~esidents and facilitate easier parking. Commissioner Weiner suggested that perhaps the problem could be eased if ~he Little League could break up into two separate Leagues. After discussion about the park, Little League, and ~lternatives, Vice Mayor Olenik moved to accept the recommendations of the Community Relations Board as long as ~hey fall within the Wellfleld Protection Ordinance. ~ommissioner Hester seconded the motion, and the motion Carried 5-0. (See copy of letter dated August 14, 1989, ~ddressed to the Commission, from Barbara Kruger, Chairwoman Of the CRB, attached to the original copy of these minutes ~n the Office of the City Clerk.) B- Intracoastal Bridge - Requested by Vice Mayor Olenik City Attorney Rea informed Vice Mayor Olenik that Ocean idge and the Department of Transportation (DOT) had not fficially settled their agreement. The final Order of DOT ~as not been issued. They informed no one in the City of ~oynton Beach that they were negotiating with any intensity. t has delayed it for another four years. The settlement ~greement they entered into is meaningless. It just means they can do more studies. There is no prohibition on not ~ulng or binding of anyone to the studies. ther than meeting with people in Tallahassee like Ocean idge has, Vice Mayor Olenik wondered what the City could o. Since the City is an Intervener, City Attorney Rea ieplied that the City could probably appeal DOT's final rder, but that would also delay things. Legally, the City annot do much. It is now a political issue. ~EW BUSINESS Items for discussion requested by Mayor Gene Moore 1o Interim City Manager's letter to City Attorney with reference to Vincent Finizio Mayor Moore brought this up because he thought the Commission ~hould not get involved with a decision made by the Civil 27 MINUTES - REGULAR CITY COmmISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Service Board. He suggested the Commission might consider telling the Civil Service Board to get independent counsel rather than having any inference that the Commission was trying to get involved in their decision. Mayor Moore had some reservation about whether the City Attorney was the proper individual, as the Commission's Attorney, to give the Civil Service Board an opinion regarding a sensitive Civil Service matter. Commissioner Wische disagreed because of the memo from Mr. Hunt to City Attorney Rea, dated August 24, 1989. He ~id not like the inference ih the memo and thought it was discrediting City Attorney Rea. Mayor Moore also did not like the tenure of the memo and did not think that type of memo should go back and forth. There was discussion about whether a decision should be made ~y City Attorney Rea or an outside Attorney. Mayor Moore ~dvised that the Civil Service Board has the right to investigate anything that has to do with the merit system. If the Board's question was whether they have the right, it Ss up to them to do whatever they want (investigate it or hire an Investigator). Commissioner Wische was at the Civil Service Board's meeting ~nd thought there was a lot of procrastination. A direct Order was given to the City Attorney. There was no reason ~ot to have a decision. Unless someone wanted to alter the request of the Civil Service Board, Mayor Moore stated that the Commission would Rave the City Attorney render an opinion as to whether the Civil Service Board has the right to investigate. 2. Chapel Hill Entrance Ron Kramer, 902 Sunset Road, relinquished his time to speak ~o Joseph Hefferman, 902 Chapel Hill Boulevard. Mr. Hefferman said the problem was the land at Chapel Hill's ~ntrance and the median divider. Both have been allowed to deteriorate to the point where Chapel Hill residents are being hurt with lower property values. One neighbor bought ~prinkler heads to replace the missing ones, and they tried ~o get the sprinklers to work, but the pipes are broken Underground. Mr. He~ferman read a newspaper clipping which Said the County Commission will reimburse Community Improve- ~ent Associations who improve medians. The County Commission has also endorsed the idea of private groups 28 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Ir 1 beautifying public roads and has pledged up to $1,000,000 to reimburse the groups. Natalie S. Malison, Realtor, 2845 S. W. 4th Street, has been working with John Wildner, Parks Superintendent, Recreation and Parks Department. The entrance is in a state of disrepair. Mr. Wildner had said he budgeted $7,000 for ~n irrigation system on the island, but he did not feel it Would be approved by the Commission. Therefore, she sent a ~lyer to the entire community of Chapel Hill and memos to Chapel Hill's Commissioner and to the Interim City Manager. Ms. Malison elaborated about the wall and felt it could be ~aved up to the wall so weeds will not grow there. She Wanted resodding and colorful plants in the medians. The ~esidents of Chapel Hill present in the audience held up red Carnations to show support of their representatives. Commissioner Hester asked what the City should be responsible for. Mr. Hunt referred to a report that spelled it out. He answered that the entrance sign is the responsibility of ~he homeowners. The medians are the City's responsibility. For immediate relief, Mr. Hunt outlined the following things ~he City has done and should do as far as the regular main- tenance and operation of the area: 1. Remove the broken bench that is a public health hazard. 2. The Melaleuca tree has been removed. ~. The City put an irrigation system in the entrance median before it was partially destroyed. There is a proposal in the amount of $715 for the repair of that. 4. More comprehensive work on all of the rest of the medians, which is a public improvement project. in the budget deliberations, Mr. Hunt suggested that part of ~he $16,000 that will be available next year in the gas tax ~ould be used for a project of this type. It would cost ~pproximately $7,000 to rebuild the medians with the proper !andscaping and irrigation. Because of litigation problems involved with the type of entranceway Chapel Hill has, Mr. Hunt said the City does not feel it should be involved with repairing the entranceway. The residents informed the Commission that they do not have a homeowners' association. There was discussion about who Owned the wall. Mayor Moore thought it might be in the right-of-way. It was put up by the developer. Mr. Hunt 29 MINUTES - REGULAR CIT~ COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 advised that the homeowners of Chapel Hill own the wall. Ms. Malison apprised the Commission that five subdivisions use the entrance. There was further discussion about the wall and liability. Ms. Malison reminded the Commission that the City had that responsibility for probably more than 25 years, and she wondered why today they were disowning the responsibility. Discussion ensued about the wall and the right-of-way and Whether the City or County owned the right-of-way. Mr. Hunt Said the City would find out who owns the right-of-way. After expounding about maintenance, Ms. Malison submitted pictures she took today of the entrance and the medians. A man in the audience was informed that the City owns the ~arkways coming down Chapel Hill Boulevard. There was further discussion about what the City will do. Prior state- ments were repeated by Mr. Hunt, and whether Chapel Hill ~hould have a homeowners' association was mentioned. Mr. Hunt pointed out that the irrigation and sod have been ~eplaced by the City many times. A problem is caused because a lot of people drive across them. Mr. Ronald Linkous, 906 S. W. 28th Avenue, referred to the ~edians on U. S. 1, which the City maintains and saw no ~eason why these should not be maintained. Commissioner Weiner thought it was the consensus of the Commission that they would maintain and upgrade the medians. The signs on ~ither side of the entrance way are the responsibility of the homeowners. Vice Mayor Olenik moved to accept the recommendation of Mr. Hunt, seconded by Commissioner Hester. Motion carried 5-0. Mayor Moore thought they were setting a precedent. B. Items for discussion, requested by Commissioner Lee Wische Nuisance Abatement Board ~ommissioner Wische read what this would involve. This ~ype of Board was adopted by the County, and it has the power to shut down crack houses for up to one year after ~hey have been cited three times. He suggested a Board be ~et up to help the Police and Code Enforcement relative to ~his matter. ichele Costantino, 155 Flamingo Drive, attended a Special eeting of the Criminal Justice Commission on drug related 30 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 problems. Police Chief Hillery is on the Commission. The Nuisance Abatement Ordinance has been on the City's books since 1987 and specifically targets drug related nuisance. Ms. Costantino explained the Ordinance and told of the research done by her and Mr. Hawkins. Ms. Costantino did not believe the Code Enforcement Board Should be handling this Board. Vice Mayor Olenik thought it was a good idea. Ms. Costantino informed Mayor Moore that the Ordinance appoints the Code Enforcement Board as the City Board but she thought there should be a separate Board ~onsisting of people who live with the problem. It would be a Board similar to the Code Enforcement Board. Both residents and the Police Department could bring cases before the Board. Mayor Moore thought it was Commission would implement information. a good idea and stated that the this as soon as they get more Cable Act Overhaul - Requested by Commissioner Arline Weiner ~ayor Moore recommended that the Resolution proposed by Commissioner Weiner be drafted. D. Recognizing Accomplishments of Rev. Joe Dye Rev. Dye accepted a position at a church in Rhode Island. ~ice Mayor Olenik thought Rev. Dye did an exemplary job in helping those less fortunate in Boynton Beach and the Surrounding communities, and he asked the Commission to ~dopt a Resolution that could be presented to Rev. Dye. The Commission agreed to this. CITY MANAGER'S REPORT 1. Director of City Engineering and Public Works Mr. Hunt provided the Commission with copies of five resumes for this position. The applicants will have telephone ~nterviews with the City on Friday. Two or three will be Selected to be interviewed on a personal basis. 2. Report on Asbestos Removal The Commission had a report, including copies of the test ~esults on the buildings in question, from Bill DeBeck, Project Manager. 31 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 3. Annual Typewriter Contract (See item J, under "CONSENT AGENDA", page 7 of these minutes.) Mr. Hunt informed the Commission that the total is $3,745, the same amount as last year. ADMINISTRATIVE A. Draft administrative policy relative to building pro~ects under $100,000 . .TABLED Mr. Hunt requested that this remain on the table. Consider replacement to fill vacant position on Board of Adjustment. Term expires April, 1991 - Appointment to be made by Commissioner Lee Wische . TABLED Vice Mayor Olenik moved, seconded by Commissioner Hester, to remove this item from the table. Motion carried 5-0. Commissioner Wische appointed Denys "Sam" DeLong. Vice Mayor Olenik asked Mrs. DeLong, who was in the audience, if she would no longer be serving on the Board of Adjustment and Appeals. Mrs. DeLong answered affirmatively. Consider replacement to fill alternate position on Community Relations Board - Term expires April, 1990 Appointment to be made by Mayor Gene Moore .TABLED Vice Mayor Olenik moved, seconded by Commissioner Weiner, to remove this item from the table. Motion carried 5-0. ~ayor Moore appointed Elizabeth A. Collins, 1010 S. W. 3rd Way. Discussion on workings between City Manager's Office and City ~tt~rney's Office - Requested by Vice Mayor Bob Olenik, Jr. . TABLED Vice Mayor Olenik moved to remove this item from the table and delete it from the agenda. Commissioner Hester seconded the motion, and the motion carried 5-0. E. Consider policy relative to Board Alternate Members moving to full Members This item was deleted from the agenda. F. Consider approval of proposed policy relative to Citizen Board Members use of City Fitness Center Fir. Hunt informed the Commission that Olivia McLean, 32 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 Director of Risk Management, advised that as long as the Board Members sign the hold harmless agreement and agree to go through the program the employees do, they could use the center. Vice Mayor Olenik pointed out that it may be difficult for Board Members to come for early morning fitness testing, and he wondered if there would be any evening sessions. Mr. Hunt replied that the City could ask Bethesda Hospital. He informed Commissioner Weiner that employees are waiting to get in only because of Bethesda Hospital's schedule. Vice Mayor Olenik moved to approve the proposed policy for the Fitness Center, seconded by Commissioner Hester. Motion Carried 5-0. G. Consider Municipal Appointments to the Palm Beach County Municipal League Board of Directors Vice Mayor Olenik told Commissioner Weiner he did not want to be appointed. Mayor Moore volunteered to take an appointment. Ann Toney, Assistant City Manager, apprised ~he CommissIon that Mayor Moore's name could be put in for both appointments. H. Compensation Adjustment for the Interim City Manager - Requested by Commissioner Weiner Commissioner Weiner reminded the Commission that George Hunt had taken the job of Interim City Manager at the same salary he had as Assistant City Manager. She asked the Commission to upgrade Mr. Hunt's compensation from the time he has been serving as Interim City Manager. As the present Assistants to the City Manager had been moved up and received an increase In salary, she felt it only fair that this be done for Mr. Hunt. Commissioner Weiner confirmed Commissioner Hester's statement that no one had received anything higher than 5%. There was discussion. Vice Mayor Olenik moved to adjust Mr. Hunt's compensation to an annual salary of $62,500 while he remains as Interim City Manager, retroactive to August 2, 1989. Commissioner Weiner .seconded the motion, and the motion carried 5-0. I. Discussion of Letter to Attorney General of the State of Florida See page 19 of these minutes. 33 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 J. Discussion on Interim City Manager Dissension among City Employees Commissioner Hester was disturbed about what he was hearing all over City Hall about the dissension among City ~mployees. If there is dissension, he thought they had a problem. Commissioner Hester was still seeing memos that he did not like. He hoped people were not meeting in City Hall with a former employee, doing things they should not be doing. The former employee should not be in the City Manager's office discussing things. Commissioner Hester knew there were two factions. The Commission appointed George Hunt as City Manager and legally ~ppointed Don Jaeger as Building Official. Commissioner ~ester hoped the dissension would stop immediately. When people leave City Hall, who they associate with is their business, but when they are doing City business in the City, it should be just that. Just because two people are seen in a bar or whatever, it does not mean it is politics. if the dissension does not cease, Commissioner Hester stated he would take drastic action to see that something happens. ~f something happens, it will start at the top. ~ommissioner Hester stated that an employee's loyalty should be to the City, not an individual. Commissioner Hester also did not like what he read in the paper about him being the "swing vote". He emphasized that he is not the swing vote. After he looks at things, he votes fhe way he sees them. Interim City Manaqer If he does not see a change in the conduct of the City 9mployees between now and the next Commission meeting, Commissioner Hester stated there might be things happening ~hat they will not like. Mayor Moore agreed wholeheartedly with what Commissioner Hester said and regretted that Commissioner Hester had to say it. Some may not like the fact that Mr. Hunt is the City Manager, but he is the City Manager, and any organization cannot operate effectively with dissension. If anyone has any differences with Mr. Hunt, they should talk to him or appeal. ADJOURigMENT The meeting properly adjourned at 9:00 P. M. 34 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1989 ~ommissioner Commissioner ATTEST: Recording Secretary// (Four Tapes) ~ 35 8o 10. 11. AGENDA September 5, 1989 ALLIED PRODUCTS COMPANY Pebble Quicklime-Hi Calcium for Water Treatment. Pay from Water & Sewer Rev---401-332-5-365-00 BOYNTON BEACH CHAMBER OF COMMERCE Chamber of Commerce services for month of September. Pay from Publicity Fund---101-191-5-454-00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for month of August & September. Pay from General Fund---001-135-5-482-00 CLEMSON UNIVERSITY Final half of reimbursement request for Service Assistantship Agreement for Cindy Pettit. Pay from General Fund---001-151-5-111-00 COOK CONSTRUCTION Est. #5 - P.O. 78589 for East Wellfield Modifications. Pay from Utility General Fund---403-000-0-690-10 Per bid 2/27/89, Commission approved 3/21/89 DAVIS WATER & WASTE IND.,INC. Rental Scrubber for month of August Pay from Water & Sewer Rev---401-352-5-499-00 EIMCO PROCESS EQUIPMENT 1 C-54 Pinion, 1 C-54 Main Gear and 1 Splash Plate for Water Treatment Plant per proposal. Pay from Water & Sewer Rev---401-332-5-642-00 Commission approved 6/6/89 ERNST & WHINNEY Professional services rendered regarding Y/E Audit . Pay from General Fund ........... 6742.00 " " Water & Sewer Rev ...... 5800.00 GATEWAY CONSTRUCTION COMPANY Periodical Estimate #3 - Lawrence Road Phase III Sanitary Sewer Extension (P.O. 79160) Pay from Utility General Fund---403-000-0-691-00 Per bid 4/11/89, Commission approved 5/2/89 GERAGHTY & MILLER, INC. Re: Improvements to Jarvis property Wellfield - 1800.00 Re: Discussions Salt Water Intrusion Modeling - 135.00 Pay from Utility General Fund---403-000-0-690-10 GREEN, EISENBERG & COHEN Legal services rendered from 5/26/89 thru 8/7/89 re: Southern Entertainment Co. vs. City of Boynton Beach. Pay from General Fund---001-141-5-461-00 COMMISSION SEP ~ ~89 APPROVAL $ 12,643.70 1,375.00 2,500.40 1,910.45 89,550.00 4,500.00 57,334.00 10,307.00 93,328.20 1,935.00 6,517.75 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. IEM/~OL~ Maintenance Agreement for Rolm telephone system for period from 7/1/89 thru 7/31/89. Pay from General Fund---001-197-5-433-00 JONES CHEMICALS, INC. Chlorine for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 MICHAEL E. KAZUNAS Interview and moving expenses. Pay from Water & Sewer Rev---401-391-539-470-16 LOWEN CORPORATION 17,000 Beach Decals consecutively numbered per bid for Citizen's Services. Pay from General Fund---001-132-5-472-00 Per bid 6/1/89, Commission approved 6/6/89 3,248.66 5,612.00 2,637.89 1,530.00 MDH GRAPHIC SERVICES Printing of Newsletter for August & September. Pay from General Fund---001-194-5-472-00 2,145.00 MAC PAPERS INCORPORATED 90,000 White Wove Regular Envelopes and 40,000 Window Envelopes and 150 cases Xerographic Paper for Warehouse/COS. Pay from General Fund---001-000-0-410-10 6,146.10 MERCER MEIDINGER HANSEN, INC. Actuarial and consulting services from 5/28/88 to 7/28/89 for Employees' Pension. Pay from Retirement Trust Fund---611-137-5-229-00 10,951.00 F. MORTON PITT CO. 16 Pittco Fiberglass rear seats for transporting prisoners. Pay from Vehicle Service Fund---501-193-5-432-00 3,166.43 MOTOROLA, INC. Maintenance agreement, high tech boards and microwave hot standby from 9/1/89 to 9/30/89. Pay from General Fund---001-197-5-431-00 1,415.63 PANTROPIC POWER PRODUCTS, INC. Repairs of Generator Set per written quotes for Water Plant. Pay from Water & Sewer Rev---401-331-5-433-00 Commission approved 2/7/89 5,953.42 PALM BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill for month of July, 1989. Pay from Sanitation Fund---431-341-5-490-01 129,525.05 PRIDE OF FLORIDA 1,944.10 Partial payment P.O. 79495 for pillow cases, flat sheets, towels, dish towels and fitted sheets for Fire Dept. Fay from General Fund---001-221-5-390-13 SEP 5 1989 APPROVAL 24. 25. ¸ 26. 27. 28. 29. 30. 31. 32. 33. 34. PUBLIX DISTRIBUTION CENTER Payment of damages to roof edge when Sanitation truck hit roof edge with container on 8/1/89. Pay from General Fund---001-195-5-440-01 1,250.00 RANGER CONSTRUCTION INDUSTRIES Landfill closure - partial payment request No. 6. Pay from Sanitation Fund---431-341-5-962-00 128,685.03 SLAWSON, BURMAN & CRITTON Professional services rendered re: City vs. Tradewinds. Pay from General Fund---001-141-5-461-00 14,506.81 SOUTHEASTERN MUNICIPAL SUPPLY 100 APC Markers High Range Sewer. Pay from Water & Sewer Rev---401-351-5-390-06 "Bid Item" 1,100.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for wastewater for month of July - 99,010.53, Pay from Water & Sewer Rev---401-353-5-490-09 and Chlorine Treatment for month of July - 1,790.78, pay from Utility General Fund---403-000-0-169-20 100,811.31 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City's portion (50%) of various invoices for engime~zing and consulting services. Pay from Utility General Fund---403-000-0-169-20 36,623.64 SPILLAS CANDELA & PARTNERS, INC. Multipurpose Recreation Building - Invoice #21. Pay from Public Service Tax Fund---301-721-5-463-00 16,328.00 SPILLAS CANDELA & PARTNERS, INC. Multipurpose Recreation Building - Invoice #22. Pay from Public Service Tax Fund---301-721-5-463-00 16,328.00 STATE OF FLORIDA DIVISION OF WORKERS COMPENSATION 3rd Installment Quarter-Self Insurer Assessment 4/16 - 7/15/89. Pay from Self Insurance Fund---622-195-5-134-00 3,617.68 EDWARD D. STONE, JR. B-ND ASSOCIATES Professional Services for period ending 7/23/89 for Boynton Beach Oceanfront Park. Pay from Rec. & Mun. Beach Improve. Fund---303-000-0-693-30 2,409.09 R. J. SULLIVAN CORPORATION 187,494.82 Application ~/8 for 3MG Storage Tank and Booster Station. Pay from Utility General Fund---403-000-0-690-10 COMMISSION 'SEP 5 1989 APRROVAL 35. 36. 37. 38. 39. TM SOUND & LIGHTING Audio Visual Equipment and Installation for Co~nission Chambers - PO #79526 - Partial Payment #2. Pay from Building Improvement Fund---304-194-5-640-23 9,541.00 TENNIS SUPPLY 170 Hat Tru and 30 Non Binding for Tennis Courts. Pay from General Fund---001-721-5-361-00 1,001.62 W. E. D. CONTRACTORS, INC. Application #1 for Replacement of High Service Pump #6 and Backwash Pump at Water Treatment Plant. Pay from Water & Sewer Revenue Fund---401-332-5-642-00 58,892.80 WALLACE & TIERNAN Series V-2000 V-Notch Chlorinator and V-2020 Manual Chlori- nator for automatic switch-over vacuum regulator system for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-642-00---5500.00 " " Utility General ..... 403-332-5-642-00---1715.00 Con~nission approved 11/1/88 7,215.00 XEROX CORPORATION 1,015.89 4000 Copier Full Service Maintenance 1/1/89 to 5/30/89 plus net usage charge. pay from General Fund'--001-194-5-433-00 The bills described have been approved and verified by the department heads involved, checked and approved for payment. G r~dy~W~Swann, Fin an ce Director I therefore recommend payment of these bills. Added: Seppala & Aho Appl. %32 ~ $32,036.40 and Appl. %33 - $14,211.67 for Municipal Complex Phase II. Pay from various accounts. Geo r~J-~e~N. % ~t l~i~t~.~ ~C ~ y~ Manag er 46,248.07 COMMtoo ON SEP 5 1989 APPROVAL ' i),:'CI-TY BOYNTON BEACH East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33~,25-0310 (407) 784-8111 August 14, 1989 Honorable Mayorand City Commissioners City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Dear Honorable Mayor & Commissioners: On behalf of the Corrmunity Relations Board I would like to report to you and make the following recommendations concerning an issue that has come before the Community Relations Board and has occupied a-significant amount of our time over the previous year. This issue, of course,-is the questions raised concerning the safety of our Little League children at - the current Little League Ballfield during game times and in an environment of heavy congestion and a comparatively high rate of traffic. Examination of this problem made by the Community Relations Board has included i'n depth discussions with representatives from the Little League, r~sidents of the High Point Condominimum Association, as well as staff input. A great deal of give and take has transpired and I would like to sum u~ for you the conclusions reached by the Community Relations Board at a fairly unanimous level involving at least partial solutions to the problem. · 1. It is clear that any redirection of the major portion of traffic from High Point either through a re-opened Third Street or alternate avenue is a highly politicized article and a policy decision strictly for Commission consideration. The Community Relations Board did not arrive at a concensus on this portion of the issue. 2. There is a need for additional lighting and signage along the access road through the ball fields in order to more clearly see the children-as they cross between the parked parks as well as alerting dr)vets to the necessity for extreme caution and observance of slow speeds. In conjunction with the additional signage it is important that the Police strictly enforce those traffic regulations which are applicable to the ballfield area. We have had widespread agreement from represen- tatives from High Point that they are amenable to such enforcement and will accept the consequences if-their residents become recipients of it. There is clearly'a need for additional parking throughout the Little League Baltfield area. Several dozen spaces are currently contemplated in and around the old barbeqde pit on the southernly part of the park. This plan has already been approved in principle and awaits funding identification. In addition, the Community Relations Board strongly advises the Recreation and Parks Department formulate a recommendation to the Commission regarding the possibility of creating an additional fifty-five {55) parking spaces along the westerly edge of the park. While this particular idea may meet with some resistence from those High Point residents residing directly adjacent to the area, overall it will relieve a great deal of the parking congestion which High Point now feels it experiences onan intermittent basis. In conclusion, the additional lighting, signage and parking can certainly relieve a substantial portion of the problem, which has existed at the ballfield since its expansion and the growth of our Little League to almost 800 participants. No complete solution or assurance of the safety of our Little League children will be had as long as the road which transverses through the Little League Ballfield is used as a throughway not only by residents of High Point and participants in the Little League but our citizens in general. This portion of the problem may be unsolvable in the near future. However, the Community Relations Board urges the Commission to take the actions outlined above in an expedient manner so that the increased safety of our children will be enhanced by next year's Little League season. On behal~ of the Community Relations Board I thank you for your time and consideration of this issue. Sincerely, Barbara Kruger Chairperson cc: George N. Hunt, Acting Assistant City Manager Wilfred Hawkins, Acting Assistant to the City Manager FOI M 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS~ NAME--FiRST NAME--MIDDLE NAME Olenik~ Jr., Robe:~c MAILING ADDRESS -D Crossings Circle 'Boynton Beach, Palm Beach NAME OF BOARD. COUNCIL COMMISSION. AUTHORtTY, OR COMMITTEE City Cc~mission THE BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~'I'IY ~ ~ COUNTY · I OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City of Boynton Beach MY POSITION IS: ~ ELECTIVE ~J 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 advisor~ and non~advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by taw. Your responsibilities under the lawwfien 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 112.3t43, FLORIDA STATUTES E CTED OFFICERS: ,4 :son holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures m ._.s 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 oy 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 governmem 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 any attempt to influence the decision by oral or written communicatton, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T;an, VOTE WILL BE TAKEN: · J should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~,_.~cording 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 I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETINg.:' · You should disclose orally the nature of your conflicl in the measure before participating. ,'?fou should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mf'"~es eof ~he meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Robex't Olerd3c, Jr. , hereby disclose that on ~ - 5 . 19 ~q : ~{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 agehqy~nd the nature of my interest in the measure is as follows: · by whom l-am retained. A payment made to MotorOla, Inc., my employer, was included for approval in CONSENT AG~qDA, Item ~ ~ ~f) Although I have no d~rect ren~eration frcm the payment to ~torolar this item is ncm~ being placed as ~public record to ensure no conflict of voting occurred. Date Filed ~NOIICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUI*E£D- 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 SAD~RY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2