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Minutes 01-03-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 3, 1989 AT 6:00 P. M. PRESENT Ralph Marchese, Mayor Ezell Hester, Jr.t Vice Mayor Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Marchese called the meeting to order at 6:05 P. M. The Invocation was given by Father Michael Cassell, St. Joseph's Episcopal Church followed by the Pledge of Allegiance to the Flag led by Commissioner Arline Weiner. Vice Mayor Hester arrived after the Pledge of Allegiance to the Flag and commented that when some of the other Commissioners are a little late, the meeting is held for their arrival. He felt that the Commissioners could have waited a few more minutes for him to arrive. Mayor Marchese stated that they had waited for five minutes before beginning the meeting. Vice Mayor Hester was at Boca Raton Technical school giving a deposition. Mayor Marchese felt that the Commissioners had waited a proper length of time. Vice Mayor Hester just wanted them to be fair. AGENDA APPROVAL Commissioner Olenik wished to add two items under the CITY MANAGER'S REPORT, "Roadway and Medians at Catalina Center," and "Northwest 22nd Avenue." He removed C-1 "Resolution" from the CONSENT AGENDA and moved it to VII.C. LEGAL, Resolutions. Under ADMINISTRATIVE he added "C. Schedule Conflict" and "D. Travel to Presidential Inauguration," and "Appointment to South County Council of Governments." Commissioner Weiner wished to add under CITY MANAGER'S REPORT, "Personal Comments." City Manager Cheney wished to add under ANNOUNCMENTS, Item 3, Proclamation, "Dr. Martin Luther King, Jr. Weekend." Under OLD BUSINESS he added "Discussion of False Alarms," and under ADMINISTRATIVE he added "Appointment of Planning and Zoning Board Alternate Member" - to be appointed by Commissioner Weiner. Under CONSENT AGENDA A.1 the date of the Regular City Commission Meeting Minutes should be December 20, 1988. Also under LEGAL A.1 the Ordinance No. should be Ordinance No. 88-61. Mayor Marchese wished to add under ANNOUNCEMENTS "Comments Concerning Responses by Boynton Beach Police." -1- .MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 Motion on Agenda Vice Mayor Hester moved to approve the agenda with the addi- tions and corrections. Motion was seconded by Commissioner Weiner and carried 4-0. ANNOUNCEMENTS Mayor Marchese wished everyone a healthy and prosperous New 7~ear. He also explained the procedure for anyone in the ~udl. ence who wished to speak at this meeting. 2. Comments by Mayor Marchese Mayor Ralph Marchese's comments concerning McDonald's Restaurant on Congress Avenue Mayor Marchese had attended the Ribbon Cutting Ceremony at McDonald's Restaurant in the Catalina Centre, and was very ~mpressed with the facility. Mr. Roland Yates, Construction Engineer and Mr. Donald Rasnick, Operations Manager for McDonald's Restaurant were present in the audience. Mayor Marchese passed around some photographs taken of this proj- ect for the Commissioners to see. Commissioner Olenik questioned the procedure for inviting the Mayor and Commissioners to events such as this. Mayor Marchese stated ~hat he had personally received an invitation but had not passed it along to the City Manager. In the future he suggested that invitations such as this be passed to the City Manager so he could notify others on the Commission. Commissioner Olenik felt that the Mayor should certainly preside at such an event, but noted that others on the Commission like to attend these type activities. Mayor Ralph Marchese's comments concerning response by Boynton Beach Police ~ayor Marchese stated that on New Year's Day he and his wife Were going to Ben's Steakhouse, and while going east over the Interstate 95 overpass they saw an automobile which had & flat tire, parked headed in the wrong direction. The lady who was pregnant was trying to change the tire as the others in the car with here were a gentleman who had no left leg, an elderly woman and two children. The traffic in that area is often heavy so Mayor Marchese stopped and told the lady to take the children to the sidewalk and he would come back and change the tire for her. Mayor Marchese then went to the Cumberland Farms store and called 911. The Dispatcher (name unknown to Mayor Marchese at this time) quickly -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 responded as there were two Police Officers (Debbie Thornhill and Scott Vash) on the scene to protect the people when he returned within approximately three minutes. A young motorist had almost finished changing the tire upon Mayor Marchese's return. Mayor Marchese stated that he was proud of the Police Officers and wanted to give credit to City Manager Cheney and his staff. 2. Proclamation - National Volunteer Blood Donor Month Mayor Marchese read the Proclamation which proclaimed the month of January as Volunteer Blood Donor Month. 3. Proclamation - Dr. Martin Luther King, Jr. Weekend Mayor Marchese read the Proclamation which proclaimed January 15 -16, 1989 as Dr. Martin Luther King, Jr. Weekend. CITY MANAGER'S REPORT 1. Construction Schedule and Monthly Demolition Report PUT ON FIRST MEETING OF EACH MONTH City Manager Cheney had provided a copy of the Construction Schedule and Monthly Demolition Report for the Mayor and Commissioners. He stated that some of the requests for demolition which had been forwarded to Housing and Community Development (HCD) had already been forwarded to County Purchasing, and County Purchasing had advertised them for bid. The bids are to be opened on January 23, 1989. No more requests will be forwarded to County Purchasing until after January 23rd. City Manager Cheney also noted that the procedure has changed somewhat in that HCD does not send a request to County Purchasing until the home to be demolished has been vacated. City Manager Cheney had not provided an updated construction schedule as not much work was accomplished during December. The contractors are still working each day. It is expected that Public Works I will move into their permanent quarters in a week or two. Glass has been installed in the Building Department area. The roof over the Building Department was originally installed so that a Second floor could be added. When all the roofing material was removed, the area proved to be very solid and suitable for the second floor. City Manager Cheney will provide a progress report on February 7th. -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 2. Comments on the Upcominq Year and Possible Priorities City Manager Cheney had received a call from a reporter from the Sentinel who asked about the City's priorities for the upcoming year. City Manager Cheney listed them as follows for the reporter: a) Continue to work in the area of com- munity relations in relation to crime and drug problem, etc.; b) Construction of the City Facilities as being in ~emporary offices affects the morale of the employees and causes much stress for them; c) Major efforts should be made in the housing programs which are underway; d) Utility system improvements are essential as the old system is 25 years old; e) City growth, especially commercial growth; f) projects in the Community Redevelopment Area will be defined as the City moves ahead; and g) Watching the balance of those things the citizens want with what the City staff and City Commission wants for the City. 3. Status of Northwest 22nd Avenue City Manager Cheney did not have an update on 22nd Avenue. He did know there were problems associated with Florida power and Light and some meetings have been held. Phone Dumbers of key people were provided for the contractors for ~se over the long weekend if problems arose. Commissioner 01enik asked if Quantum would pay for the extra police Coverage of the area required for writing tickets, and City Manager Cheney stated that they would not as this is usually taken care of by the City. Mayor Marchese had spoken with Steve Deutch about the problems with Florida Power and Light and suggested that Mr. Deutch look at his man who is coordinating the project as the performance leaves much to be desired. Commissioner Weiner felt that the City should send a letter to Deutch Ireland explaining the City's dissatisfaction with this project. She felt the letter should be in the Strongest possible terms. Mayor Marchese agreed and requested that the letter be written. 4. Roadway and Medians at Catalina Center City Manager Cheney felt that a serious discussion was needed relative to landscaping the medians and the main- tenance of these medians. He felt this should be added to the agenda for the next meeting so a determination can be made as to who is responsible for the maintenance of the medians and the level of maintenance which will be needed. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 5. Comments by Commissioner Weiner Commissioner Weiner read the following into the record: "On December 13, 1988 at a meeting of the Planning and Zoning Board, the Chairman of that Board characterized actions taken by the City Commission as being in the same category as 'a drug addict knocking somebody on the head for a quick fix, or a guy stealing a car because he is tired of walking, or a government who ignores a set of laws.' He then went on to give his incompetent legal opinion of actions taken by the City Commission regarding a Community Redevelopment Plan. This Commission sits as a governing body guided at all times by the legal expertise of the City Attorney. The Commission has the benefit of his competent and qualified legal counsel at every stage of its delibera- tions at every matter that comes before it. His pres- ence is constant at all Commission meetings. Since I have served as a member of this Commission, there has never been a time when his legal advice has been overridden by the members of this Commission. It is irresponsible in the extreme for the Chairman of the City's Planning and Zoning Board to cast such inflama- tory aspersions on the legality of actions taken by the City Commission. It is my fervent hope that these reckless and intemperate remarks made by the Chairman of the Planning and Zoning Board reflect his personal views only, and do not reflect the attitudes of each and every member of that Board. I also hope that in the future City business can be discussed in a less offensive manner. Thank you, Mr. Mayor." ~ayor Marchese fully supported Commissioner Weiner's com- ments. Information regarding development of the park near Hunters Run City Manager Cheney did not have this information (which was requested at the 12/20/88 meeting) available and the Director of Parks and Recreation had been on vacation. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting of December 20, 1988 Commissioner Olenik made a correction on pages 6 and 7 (Bertoli's Restaurant at Oakwood Square Shopping Center should not appear under CONSENT AGENDA as it was removed and placed under DEVELOPMENT PLA_NS on page 9. -5- · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Replacement of High Service Pump, Motor and Valve ~6 and the backwash pump at the Water Treatment Plant The Tabulation Committee recommended awarding the bid to the lowest bidder WED Contractors of Winter Haven, Florida in ~he amount of $106,800.00. 2. Concessionaire for GALA 1989 - Recreation Department The Tabulation Committee recommended awarding the bid to Michael J. Tomasso who was the best bidder with the lowest entry fees for concessions ($150.00) and the highest percen- tage of returns to the City (33% of entry fee money, 25% of gross food sales, 35% of gross beverage sales, $25.00 ~oncessionaire non-profit fee money, 25% of gross beverage Sales paid operators, and $5.50 Wage Non-profit). 3. Weapons and Accesories - Police Department The Tabulation Committee recommended awarding the bid in Part to: Lawmen and Shooters, Vero Beach, Florida in the amount of $9,883.96 (Magazine Holsters) and S.E.R. Distributors, Inc., Miami, Florida in the amount of $23,204.10 (Loading Pistols) as both met all required speci- fications and were overall low bidders. ~ommissioner Olenik questioned why these bids did not go to ~he apparent lowest bidders. William Sullivan, Purchasing Director, stated that the lowest bidders had not gone Strictly with the specifications. The City had requested no exceptions to the specifications. ¢. Resolutions Resolution No. 89-A was removed from CONSENT AGENDA and Moved to LEGAL, Resolutions (VII.C.) Development Plans None. E. Approve authorization to dispose of records - City Clerk's Office The Deputy City Clerk requested in her memorandum dated December 27, 1988 to dispose of No. 171 - employment appli- cations, employment examination records, and correspondence -6- · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JAlqUARY 3 , 1989 from Personnel Department; No. 172 - telephone message records from Community Improvement Department; and No. 173 invoices, purchase orders, requisitions, correspondence and memoranda from Library. The State of Florida, Division of Archives, has authorized disposal (No. 96). Consider approval for zoning for alcoholic beverage license J.A.R., Inc. 2280 North Federal Highway Boynton Beach, FL 33435 Med Kopczynski, Deputy Building Official, in his memorandum dated 12/28/88 stated that zoning for the above address per- ~its the sale of beer, wine, and liquor for consumption on premises in conjunction with a duly licensed restaurant with Seating capacity for 150 patrons. The Landmark 512 North Federal Highway Boynton Beach, FL 33435 George Hunt, Assistant City Manager approved the renewal of this license which was previously approved. Consider approval of request submitted by St. Paul A.M.E. Church for permission to hold their 5th Annual Carnival scheduled for January 11 - 16, 1989 This item was removed from the CONSENT AGENDA and placed under VII.D LEGAL Other by Commissioner Olenik. Accept donation from the Tropical Post Card Club of South Florida The Tropical Post Card Club of South Florida donated $100.00 in appreciation for the use of the Royal Palm Clubhouse. I. Consider approval of contingency transfer to cover addi- tional mailing of Boynton Beach Bulletin Grady Swann, Finance Director, recommended that $2,000.00 be transferred from the Contingency Fund to cover additional cost of mailing the Boynton Beach Bulletin. J. Approval of Bills Copy attached. -7- · MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JANUARY 3, 1989 Motion on Consent Agenda Vice Mayor Hester moved to accept the CONSENT AGENDA as amended. Commissioner Weiner seconded the motion. Commissioner Olenik wished to remove Item G from CONSENT AGENDA and place it under LEGAL Other so it could be discussed and voted on separately. Vice Mayor Hester withdrew his motion and Commissioner Weiner withdrew her second. New Motion Commissioner Olenik moved to amend the CONSENT AGENDA by removing Item G. relative to the request from St. Paul A.M.E. Church and placing it under LEGAL Other. Commissioner Weiner seconded the motion which carried 4-0. Vice Mayor Hester moved to approve the CONSENT AGENDA Items A.1; B.1, 2, 3; E; F.1, 2; H, I and J (Commissioner Olenik abstained from voting on Items J. 14 and 15 - see Voting Conflict form attached as Addendum "A" to the original copy of these minutes on file in the Office of the City Clerk.) Motion was seconded by Commissioner Olenik and carried 4-0. BIDS None. PUBLIC HEARING - 7:00 P.M. or as soon thereafter as the Agenda permits None. DEVELOPMENT PLANS None. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 88-61 Re: Fairbanks Communications, Inc. d/b/a/ Leadership Cablevision City Attorney Rea read proposed Ordinance No. 88-61 on second and final reading in title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A NON-EXCLUSIVE LICENSE TO FAIRBANKS COMMUNICATIONS, INC., D/B/A LEADERSHIP CABLEVISION -8- · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 TO OPERATE A COMMUNITY ANTENNAE TELEVISION SYSTEM WITHIN THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING FOR THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Fred Lord, 1595 S.W. 4th Avenue, Delray Beach, representing ~eadership made a short presentation. He stated that Fairbanks Communications, Inc. purchased Leadership Cablevision in 1981/82 and is the only cable company doing business in Palm Beach County which has not been bought, Sold, merged, renamed, etc. since its inception. They are also the only cable company which has a franchise for the entire County. They are currently providing 37 channels, and plan to provide from 45-47 channels by the middle of 1989. Commissioner Weiner expressed her concerns about the possi- bility of rate changes in the future. She was concerned since this company has such a monopoly and the City does not have much recourse other than cancelling their subscriptions to the cablevision. Mr. Lord agreed this was technically correct, but pointed out that they are the company in the County which has the smallest debt. They are not planning to sell as they are doing well in the area. He also felt that since the option is open for other companies to come in, they must maintain good rates and service to remain active in the area. As no one wished to speak IN FAVOR or AGAINST Proposed Ordinance No. 88-61 THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to adopt Proposed Ordinance No. ~8-61 on second and final reading. Commissioner Olenik seconded the motion and Betty Boroni, City Clerk, took a roll call vote as follows: Vice Mayor Kester - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Marchese - Aye Motion carried 4-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 89-1 Re: Amend Ordinance No. 88-48 to correct scrivener's error City Attorney Rea read proposed Ordinance No. reading in title only: -9- 89-1 on first · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 88-48 TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO IDENTITY OF THE OWNERS AND AGENTS REQUESTING ANNEXATION INTO THE CITY; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ORDINANCE NO. 88-48 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved to approve Proposed Ordinance No. 89-1 on first reading. Motion was seconded by Vice Mayor Hester and a roll call vote taken as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Marchese - Aye Vice Mayor Hester - Aye Motion carried 4-0. C. Resolutions 1. Proposed Resolution No. 89-A and Adopt Job Descriptions Re: Amend Pay Plan City Attorney Rea read Proposed Resolution No. 89-A in title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING RESOLUTION 88-MMM PAY PLAN FOR 1988/89" City Manager Cheney explained this resolution was similar to one that is considered every year after the adoption of the budget. It does not authorize spending money or hiring employees. It establishes the table of organization and job descriptions consistent with the approved budget. Some of the changes are due to reclassifications which would take place after April 1, 1989. Other changes are new job descriptions and updated job descriptions. Some of the changes are in regard to the Community Redevelopment Area housing program, but no funding of the projects is authorized by this. It simply adopts the job descriptions so they are available when funds are approved. Mayor Marchese referred to a chart City Manager Cheney had compiled and noted that it was very helpful. He suggested that each of the Commissioners be provided a copy. City Manager Cheney stated that he should have realized the necessity for this prior to the meeting and he would provide a copy for each of them. -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 Motion Commissioner Weiner moved to approve the adoption of Resolution No. 89-A. Motion was seconded by Vice Mayor Hester and carried 4-0. D. Other Consider approval of request submitted by St. Paul A.M.E. Church for permission to hold their 5th Annual Carnival Scheduled for January 11 - 16, 1989 City Manager Cheney stated this request was to hold the same carnival in the same location as last year (Sara Simms Park). The difference was that they realized today that Since the City is self-insured, the City would have more of a liability than last year. Olivia McLean, Risk Manager for the City, came forward to explain the situation. She noted that the City is now self- insured. She also referred to the serious accident which happened recently in Hallandale, Florida. She felt it was her duty as Risk Manager to let the City know about the risks they would be taking by allowing this event to take place on City property. The rides for this event would be much smaller rides than the ones were in Hallandale where the accident occurred. Edgar Howell, Building Official, Stated that he had contacted the State Inspector and he would send someone out to inspect the rides as they are put bp. Rev. J. H. Russell, Pastor of St. Paul A.M.E. Church Was notified of the possible problem this afternoon, and he Was concerned that he had not been informed earlier. City Manager Cheney stated that it had just not occurred to him ~hat anything was different from last year's request. Ms. McLean stated that if anything serious were to happen the Carnival could go bankrupt and leave the City "holding the bag." City Manager Cheney continued that the event has been held ~or four years - three times east of Seacrest and this would be the second time at Sara Simms. He noted that the City ~as self-insured up to $10,000 only last year. Ms. McLean further explained that a Carnival with rides is placed in the category of high risk. Regular insurance will not insure this type activity, and the City would have to go to a specialty type insurance. Most specialty type insurance companies are not rated. This means that Ms. McLean cannot check to see if the company is solvent or not. The City usually uses only "A" rated companies. She felt that if the City decided to approve the request, they should go out for -11- · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 the specialty insurance and insist upon a "Hold agreement to protect the City and the Church. Harmless" Rev. J. H. Russell, Pastor, St. Paul A.M.E. Church, stated that the Carnival Company was furnishing insurance and pro- vided Ms. McLean with information from the Company regarding this. Rev. Russell stated that this was the same insurance company they used last year, and he knew them to be a good company. They are local (Lake Worth). Rev. Russell was pleased to hear that the State Inspector would be inspecting the rides. He stated that the Carnival is the biggest acti- vity they have during the year. In addition to being a great fund raiser, it provides entertainment for the children. Mayor Marchese felt that when people request permission for this type activity they should contact the City at least 60 to 90 days prior to allow time for processing. Commissioner Olenik pointed out that in this case the letter did come in June, 1988. In answer to Vice Mayor Hester's question, Ms. McLean explained that she did not know if specialty insurance would be available or not. If it is available, the cost might be prohibitive. Ms. McLean also stated that if the City were to allow this event to take place, the auditors would notice and there would be a charge of $2,500.00. Discussion was held regarding soverign immunity, and Attorney Rea stated Ghat they could try to use this. There was further discussion regarding the self-insurance program. Discussion was also held regarding getting information out so that situations such as this do not occur again at the last minute. Ms. McLean felt that since her Department is so new, not all departments are aware they should coordinate with her on events such as this. She referred to the fact that she is now working with the Building Department in the area of Contracts now. There was further discussion regarding holding the event on property other than City property. The parking lot which was previously used is owned by another church and the City presently uses it for a parking lot. City Manager Cheney felt that the Carnival was the same as in past years. They were held with no problems, and he did not feel they should be denied if property insurance is obtained. He did not feel the $2,500.00 would hurt the City too much. Mayor Marchese passed the gavel to Vice Mayor Hester and moved to approve the request from St. Paul A.M.E. Church to hold the Carnival. The motion died as there was no second. -12- · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JkNUARY 3, 1989 Commissioner Olenik could not second the motion in clear conscience as he did not wish to put the City in that type liability, and they could not be assured of getting a com- petent insurance company. Vice Mayor Hester felt it was unfortunate this had come up at such a late date. City Manager Cheney suggested they look into using another loca- tion. Mayor Marchese suggested that Rev. Russell meet with City Manager Cheney and try to come to some resolution regarding an alternate site. Rev. Russell agreed to do so. Commissioner Olenik moved that the request be approved if St. Paul A.M.E. Church would find a non-City site for their Carnival, and that they work with the City Manager. Vice Mayor Hester seconded the motion which carried 4-0. PUBLIC AUDIENCE Alternates on Boards Nick Cassandra, 2554 S.W. 10th Court (Former Mayor of Boynton Beach) stated that since the Commission would be discussing Alternates at the next meeting, he would be brief in his statements. He referred to the 1983 memorandum which gave direction to the alternates due to a concern that Boards made their own decisions which might put the City in ~eopardy on some controversial issues. Roberts Rule of Order does not address the issue other than for conventions. He further explained the intent of the 1983 memorandum, and the importance an alternate can play in an issue. On the Board of Adjustment the alternate could have the fifth vote. An abstention is still a vote even if a negative one. A 2-2 vote due to an abstention or 3-3 with abstention could occur. An alternate could come up for that issue and swing the majority one way or another. He recommended alternates be used as follows: A_n Alternate is designated as a Board Member when a vacancy occurs at that meeting. A vacancy occurs under the following conditions: A regular member does not show up at the start of the meeting - the first alter- nate is then designated as a board member. If the regu- lar member shows up late, that member does not replace the designated alternate. At the beginning of the meeting the Chairperson asks if there are any personal conflicts, and if so, does the regular member wish to step down for the entire meeting. If yes, a vacancy occurs and the designated alternate comes into that position. If no, there are no vacancies and abstentions -13- · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 are not a vacancy. A first alternate is designated by seniority with his/her appointment. The person carries the seniority and not the slot. The first alternate should be designated as a board member as far as a vacancy occurring. If a permanent vacancy occurs, the first alternate should be designated as a full-time member, if the slot does not call for a special qualifi- cation. All alternates shall attend all scheduled meetings. Special meetings shall not be counted in the absenteeism for alternates or regulars. The chairperson shall solicit participation from the alternate from the podium not from the dais. Mr. Cassandra recommended this policy be followed so that there is one policy for all alternates on all boards. Community Improvement Department Mr. Cassandra had some questions regarding this Department. He asked if the hiring of any person had been authorized at the workshop. Mayor Marchese stated this had not been authorized. Mr. Cassandra asked if there was a plan to have a meeting for public input by the citizens on that topic. Mayor Marchese stated that was not planned as far as he knew. There was public input at the workshops. Mr. Cassandra asked the Commission to consider that he did not feel added personnel were needed at this time for the Community Improvement Department. He felt there was ade- quate support available for this effort. He referred to Laura Widmer, Public Information Officer, the Chamber of Commerce, the Construction Manager, and Codes Enforcement ~ersonnel. He stated that the $350,000.00 is general reve- nue and has nothing to do with Tax Increment Financing (TIF). He suggested that the City Manager should make staff available to ensure that this program gets underway. ND Auto, 902 N. Federal Highway Beril Kruger, 100 E. Linton Boulevard, Delray Beach, stated that the site plan for ND Auto was approved two months ago. Mr. Nick DeLorenzo, owner of ND Auto, had experienced more 6osts than anticipated in removing the gas tanks and he was ~unning out of funds. He was requesting a 6 months exten- sion and a temporary Certificate of Occupancy (CO) which would allow him to open his business, earn some money, and then complete the required curb cut removal and sidewalk replacement. Mr. Kruger referred to the improvements on that piece of property which have taken place. He had spo- ken with the Planning Director as well as the City Manager -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3 , 1989 regarding this issue. Within 6 months the curb cuts could be removed and replaced with regular ones and sidewalks replaced. City Manager Cheney pointed out that the area of the curb cuts is fenced and access is not open. Mr. Kruger had tried to take normal channels, but found that in this situation, there are no normal channels. Commissioner Olenik was concerned that all other requirements had been met, and Mr. Howell stated that everything else has been Satisfied. Commissioner Olenik asked if they could approve a temporary CO and if within 6 months the stipulations were not fulfilled, the temporary CO would be withdrawn. Mr. ~owell did not feel the City was being placed at any risk by allowing this to be approved. Motion After further discussion, Commissioner Olenik moved to authorize the Building Department to give a temporary Certificate of Occupancy for ND Auto providing curb cuts are ~he only non-compliance and that they will be brought up to Specifications in 6 months from 1/3/89. Vice Mayor Hester seconded the motion. There was some discussion about posting a bond, but City Manager Cheney stated this could not be done as Mr. DeLorenzo cannot get a bond. A vote was taken and the motion passed 4-0. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. OLD BUSINESS A. Report on approval process for signs City Manager Cheney referred to the information he had com- piled relative to review of sign requests and the various boards. Mayor Marchese felt this information was good, but felt more Changes would be needed. Commissioner Olenik felt that the City Commission had spent so much time on the Sign Ordinance, that they should remain active for a period of three of four years in the approval process. He felt the City Commission should review all Shopping Center sign plans after the Community Appearance Board (CAB) and Planning and Zoning Board (P&Z Board) review them. At present these plans are not reviewed by the Commission. He referred to the Sunshine Square project where the CAB reviewed the signs, but the Commission never saw them. He felt the Commission should see all sign plan -15- · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 changes just as they see elevation changes. Commissioner Olenik also felt the City Commission should be approving any changes to existing signs as well (example - Gentlemen Jim's sign). He assumed that all changes must be in conformance to the new Ordinance, and Mayor Marchese agreed they must. Commissioner Olenik felt that signs should be upgraded at site plan approval time and that they should be upgraded when making changes to the property. City Manager Cheney Stated the applicants would not be given a building permit ~ntil they comply. City Attorney Rea stated that the planning Department may want to provide some input as they ~ssisted in writing the Ordinance. The Commission was in agreement with Commissioner Olenik's recommendations. B. Review of proposed Boynton Beach Boulevard Design Plan - Requested at 12/20/88 City Commission Meeting City Manager Cheney stated that when considering the Redevelopment Plan for the Expanded Redevelopment Area it Was noted there were some differences in philosophy between this Plan (RS&H) and the Boynton Beach Boulevard Design Plan ~Urban Design). Since the Plan done by RS&H had been put on hold for a time, City Manager Cheney felt it was time to ~ake another look at the Urban Design plan. Some problems were arising by requiring people to conform to something Ghat has not been approved as yet, as well as asking them to 6onform to existing rules which may change with the approval Of the Design Plan for the Boulevard. There were also questions arising regarding the depth on the south side - Should it be 150' or go to First Avenue. City Manager ~/~eney suggested this should be discussed for the next two months or so. Commissioner Weiner asked if this would be part of the Comprehensive Plan, and City Manager Cheney replied that the ~ntire City was affected by the Comprehensive Plan. City Manager Cheney noted that many ideas are on the table and should be looked at as part of the whole plan. ~ommissioner Weiner wished to have more input from the ~lanning Department as to their feelings regarding the Urban Design plan. City Manager Cheney stated that the Planning ~epartment had been instrumental in putting the plan together, but had not been actively involved since the Plan was presented. They could be requested to provide input, as well as input from the Community Improvement Department. City Manager Cheney agreed to work out something and possibly set up a workshop meeting on the subject. Mayor -16- MINUTES - REGULAR CITY COMMISSION MEETING BOTfNTON BEACH, FLORIDA JANUARY 3, 1989 Marchese and the Commissioners agreed a workshop was in order, and City Manager Cheney agreed to set it up. C. Review of City Manager final adjustments to 1988/89 Budget City Manager Cheney stated that when the budget was adopted, the City Manager was instructed to make adjustments to bring it in line with the money included in the budget. He had provided a listing of his recommendations (attached as Addendum "B" to the original copy of these minutes in the Office of the City Clerk). City Manager Cheney stated that the Mayor and Commissioners would have a corrected copy of the budget in a week or so. Commissioner Olenik moved to accept the budget adjustments as presented. Motion was seconded by Vice Mayor Hester and carried 4-0. D. False Alarms City Manager Cheney noted that it had been five months since the Ordinance was adopted relative to Alarms. 116 people have been licensed for their system. Any company starting a new business is aware of the Ordinance. Some problems have been experienced in categorizing alarms in the Police Department. At times the Police respond to an alarm and they are unable to find anyone, but it is obvious someone has tampered with the alarm. This is called as no response and set aside as a false alarm at the present time. That person probably should not have been fined. The City is having problems in getting the word out also. Within the last seven months 130 owners have had more than three false alarms under the present system of categorizing. He suggested that these 130 owners be given no fine, and that they apply for a permit within 30 days or the Code Enforcement people will cite them. The owners will be sent a copy of the Ordinance. City Manager Cheney suggested that letter be sent to those in violation during the past six months along with a copy of the application for permit. Mayor Marchese had experienced some complications when installing his own system, but had worked it out and obtained his permit. He agreed the Ordinance should be obeyed, and he also agreed with allowing a grace period for compliance. It was a consensus of the Commission that this be done. City Manager Cheney agreed to proceed along those lines. He further stated that decals should be available soon for those who have applied for a permit. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 NEW BUSINESS None. ADMINISTRATIVE A. Consider Finance Department Separation Audit City Manager Cheney stated that when personnel leave this type a position, an audit is normally done. This protects ~he City as well as the employee. Mrs. Zobel has been with ~he City for 28 years, and she suggested that the audit be done. The Finance Director and City Manager Cheney feel this is a good idea. The cost for the audit would not exceed $8,800.00. City Manager Cheney stated that this pro- cedure is becoming normal procedure. Commissioner Olenik was told that this type audit is not done during the normal annual audit. Commissioner Olenik moved to authorize the City Manager to ~xpend an amount not to exceed $8,800.00 for a separation audit as requested by Mrs. Betty Zobel and the Finance Director. Motion was seconded by Vice Mayor Hester and carried 4-0. Consider approval of request submitted by Atlantic Community High School for funding for Project Graduation - Requested by Mayor Ralph Marchese 1. Discussion of policy for providing support for student organizations City Manager Cheney had been requested to develop a policy regarding providing funds for student organizations. He had drafted a policy and provided it for the Mayor and Commissioners. Vice Mayor Hester was concerned that the other two schools (Santaluces Community High School and Lake Worth Community High School) might come in with similar requests. Vice Mayor Hester wondered how many of the 375 students attending Atlantic Community High School were residents of Boynton Beach. There was also discussion about the $3,000.00 requested and the fact that more information was needed. There was also discussion about the increase in the budget this year and the need to be more cost conscious. Mayor Marchese felt that a cap should be established for providing funds to schools. City Manager Cheney wondered if the County should be approached to provide help for the schools. It was suggested that perhaps a committee could be -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 established (two parents, two students, two City staff mem- bers, and a Commissioner) to decide how the money would be set aside for a particular school. This could then come for City Commission approval. City Manager Cheney noted that for the last two years the request had been for $500.00. Vice Mayor Hester noted that the schools are raising funds as well, and he felt the City should know how they are coming in their own fund raising prior to assisting them. Commissioner Olenik noted that all the requests are for items which are good. Commissioner Weiner liked the idea of setting a cap for assistance. Commissioner Olenik felt that everyone would be given a fair chance if all requests were considered at one time. Mayor Marchese requested that City Manager Cheney take the comments under consideration in order to come up with a new master plan. C. Schedule Conflicts Commissioner Olenik reported that he would be unable to attend the Tri-Rail Commuter event. Commissioner Olenik also noted that there was a conflict in the January 25th workshop meeting and the County Municipal League meeting which would be honoring the Legislative Delegation from Palm Beach County. He felt attendance at this event was important if the City wished to be more active in this regard. This would afford opportunity for talking with the Legislative Delegation as the meeting will be held in Lake Worth. City Manager Cheney will check into the situation and see if the meeting could be rescheduled or if there was a conflict in advertising. This could be decided at the January 4, 1989 meeting. D. Travel to Presidential Inauguration Commissioner Olenik had received an invitation to attend the Presidential Inauguration on January 20th. He requested permission to go as a representative of Boynton Beach and use his travel money. City Manager Cheney remarked that this request had never come up before. Vice Mayor Hester ~ad also received an invitation to attend the Presidential Inauguration. Mayor Marchese could not see any real gain for the City to allow the request. Commissioner Weiner asked if there was established policy about where or when a Commissioner could travel. There was discussion regarding -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 the fact that $1,000.00 was set aside for each Commissioner. City Manager Cheney thought that extra funds might have been established to be used if necessary, but he was not sure that amount had remained in the budget. Commissioner Weiner felt that it was wise for Commissioner Olenik to pay for this trip out of pocket. Commissioner Olenik was not sure What the cost of the trip would be but felt it would be Under $1,000.00. No one wished to make a motion so the discussion ended. E- Consider replacement to fill vacant alternate position on the Planning and Zoning Board, Term expires April, i 1989 - Appointment to be made by Commissioner Weiner This item was added at the request of Commissioner Weiner. ommissioner Weiner nominated Murray Howard as Alternate on .he Planning. and Zoning Board. Mr. Howard is currently ~ervlng on the Community Relations Board and will resign ~rom that Board if approved for the P&Z Board. Mr. Howard Nas been a licensed General Contractor and builder for 20 years. Vice Mayor Hester seconded the motion which carried ~. South County Council of Governments ~ommissioner Olenik stated that he is presently a regular member of this organization and Commissioner Weiner is the ~lternate. As Commissioner Olenik has interest in becoming a member of the Palm Beach County Solid Waste Authority, he Would like the Commission to think about appointing Commissioner Weiner as the Regular member should he be Selected by the Solid Waste Authority. He suggested that t~e Commission wait one more meeting before taking action. ~ommissioner Olenik moved that Commissioner Weiner become a Regular Member of the South County Council of Governments iin the event he is elected to the Palm Beach County Solid ~aste Authority. Vice Mayor Hester seconded the motion which carried 4-0. ADJOURNMENT T~ere being no further business to come before the C~mmission, the meeting properly adjourned at 8:28 P. M. -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 3, 1989 ATTEST: Cit~ C~ Secretary (Three Tapes) CITY OF BOYNTON BEACH Commi s s ioner '--------~-~~/~"~ o~ r ' Commissioner -21- FINAL BUDGET ADJUSTMENT 1988-1989 Budget Boynton Beach, Florida IX. OLD BUSINESS C cc: Finance REDUCTIONS SUGGESTED BY RECREATION & PARKS A. RECOMMENDATIONS FOR PARK DIVISION REDUCTIONS: 1. Capital: Park Landscape Projects Mango Heights Drainage {Project budgeted to address citizen complaints} 2. Capital: Park Development Projects Twelve (12) Wooden Park Signs Laurel Hills Playground Equipment Pence Park Fencing . Galaxy Park Playground ~Equipment {Projects budgeted to maintain and upgrade existing parks} 3. Capital: Cohmunications One (1) Portable Radio {Forester will continue to share radio with Park Superintendent) Sub Total Parks: B. RECOMMENDATIONS FOR RECREATION DIVISION REDUCTIONS: 1. Building Improvements -(69.29) Wilson Center Stage Curtains 2. General Equipment - (60.42) Xylophone 3. G?m & Recreation Equipment - (60.432 Wilson Bumper Pool & Ping Pong Table $3,500 6,000 2,000 6,000 10,000 2,300 260 1,730 633 29,800 ADDENDUM "B" ¸. AGENDA January 3, 1989 COMMISSION dAN APPROVAL ALLEN INSURANCE AGENCY Renewal of Fidelity & Surety Bond - Public Officials from 10/1/88 thru 10/1/89. Pay from General Fund---001-195-519-40-45 $ 2,365.00 ALLEN INSURANCE AGENCY Renewal of Co~nerciat Inland Marine Policy from 10/26/88 thru 10/26/89. Pay from General Fund---001-195-519-40-4D ALLIED PRODUCTS COMPANY Pebble Quicklime for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 CAMEO SOFTWARE SOLUTIONS, INC. 50% of License Fees for Software - $21,375.00 Airfare for Sandra Brown's Training week of 12/12/88 - $300.00 Pay from General Fund---001-181-518-60-7A 21,375.00 " " " " 001-181-518-40-7J 300.00 CAMP, DRESSER & MCKEE, INC. Pretreatment Program Assistance with EPA Administrative Order Requirements. Pay from Utility General Fund---403-000-169-12-00 Con~nission approved 11/21/88 CH2M HILL, SOUTHEAST FLORIDA OFFICE Professional services regarding following: Inv. #12-495 - $14,135.37 - Task Order No. 1 Inv. #12-496 - $10,138.24 - Task Order No. 4 Inv. #12-501 - $ 2,989.56 - Task Order No. 5 Inv. #12-436 ~ $16,725.28 - Task Order No. 2 Pay from Utility General Fund--~403-000-169-01-00 " " " " " 403-000-169-11-00 $21,994.23 $21,994.22 GLADES CHEMICAL COMPANY 15.57 Tons Bulk Fertilizer for Golf Course. Pay from Golf Course---411-726-572-30-66 "Bid Item" GOLF ASSOCIATES SCORECARD COMPANY 50M Scorecards for Golf Course. Pay from Golf Course---411-725-572~40-72 Quote opened 7/19/88, Commission approved 8/2/88 GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. GOB, Series 1988 Bond Counsel Fee Pay from Utility Service Tax Fund---302-888-588-70-97 15,844.00 7,434.20 21,675.00 5,959.00 43,988.45 4,390.74 1,844.60 12,200.00 10. 11. 12. 13. 14. 15, 16. 17. 18, 19. H.F. SCIENTIFIC, INC. Service agreement from 12/1/88 thru 11/30/89 for Maintenance & Warranty on Turbidity Analyzer at Boynton Beach Water Treat- ment Plant. Pay from Water & Sewer Rev---401-332-533-40-99 1,640.00 JONES CHEMICALS, INC. Chlorine/Hypochlorite for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-63 4,964.85 3M COMPANY ~ 50 Self Adhesive Stop Facings, 25 No Parking Facings and 1 Roll Self Adhesive for Roads & Streets. Pay from General Fund---001-411-541-30-48 "State Contract" 2,300.03 MATTLIN, MCCLOSKY & NORTH Legal services rendered regarding Tradewinds 11/1/88 thru 11/3o/88. Pay from General Fund---001-000-247-1T-00 5,911.10 MOTOROLA, INC. 3 PMR 2000 Alphanumeric display pagers and 1 Nd383 Alpha Mate Message entry device per Purch. Order 76152. Pay from 1987/88 Budget 1,664.10 MOTOROLA C&E, INC. Service contract for microwave, 1/1/89 to 1/31/89~@ $3~5.63. Service contract, hightech boards 1/1/89 to 1/31/89 @ $1020.00. Quarterly billing 1/15/89 to 4/15/89 for 800 MHz system plus V}rF/Ut{~ Fire & Beach radio equipment @ $12,906.60. Pay from General Fund---001-197-519-40-31 14,322.23 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of November, 1988 - City Clerk Pay from General Fund---001-122-512-40-7M 2805.66 " " " " 001-122-512-40-75 1724.77 4,530.43 PEROXIDATION SYSTEMS, INC. Odor control for Lift Stations. Pay from Water & Sewer Rev---401-352-535-30-65 8,073.00 PROFESSIONAL ADMINISTRATORS, INC. Reimbursement invoice for Worker's Comp from 12/1/88 thru 12/15/88. Pay from various departments. 5,997.95 SHANNON CHEMICAL CORPORATION 10,000# Shan-No Corr Type N2 for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 "Co-op Bid Item: Approved 6/21/88 7,034.00 COMMISSION JAN 8 1989 APPROVAL 20. SOUTHERN PIPE Installation of 20 Linear Feet of extension pipe to existing Flume and 1 32" x 32" Aluminum Screen(Irrigation System) for Golf Course. Pay from Golf Course---411-726-572-30-gB 2,750.00 21. TOWN-CRIER NEWSPAPERS 25,000 Printing of Winter/Spring Boynton Bulletin per quote. Pay from General Fund ..... 001-721-572-40-72 $1055.00 Pay from Publicity Fund---101-191-519-40-SJ $1055.00 Commission approved 11/15/88 2,110.00 22. TRANS-FLORIDA SUPPLY CO. 50 Pack Joint Wye's, 50 1" Curb Stops 12 various size, MG Plugs w/accessories for Water Distribution. Pay from Utility Capital Improve---404-000-169-05-00 $1406.50 Pay from Water & Sewer Rev ......... 401-333-533-30-9E $ 346.96 "Bid Items" 1,753.46 23, UNIJAX Supplies for Facilities Management. Pay from various departments. "Bid Items" 2,780.72 24. WOODBURY CHEMICAL COMPANY 168 Bags Grass Seed for Golf Course per bid specifications. Pay from Golf Course---411-726-572-30-46 Per bid 9/13/88, Commission approved 9/21/88 8,010.00 The bills described have been approved and verified by the department heads involved, checked and approved for payment. G~ann, Finance Director I therefore recommend payment of these bills. COMMISSION JAN $ 1~89 APPROVAL ' -2- (Recreation Division Continued) Vehicle Service Fund - (90.73) $20,000 remains at this time for purchase of the 34 passenger bus. This purchase can be postponed for another year. Of more concern is the elimination of replacement of Van #505 (assigned to Wilso~ Center). This vehicle has a bad record Of down time and repeated and con- tinual problems. It is a definite lemon. Bob Eichorst agrees with this. We would prefer to utilize the $20,000 for replacement of this van r~ther than purchasing the bus. Sub Total Recreation: C. RECODDtENDATIONS FOR MANAGEMENT SERVICES ADMINISTRATION 1. Office Supplies - (30.11) 2. Cm~puter Supplies - (30.13) 3. Business Meetings - (40.7E) 4. Training - (40.7J) 5. Printing & Binding - (40.72) 6. Office Machines & Equipment - (60.72) Sub Total Hanagement Services: D. RECO,%MENDATIONS FOR COMMUNICATIONS DIVISION 1. New Personnel (30.IA) 2. Office Supplies - (30.11) 3. Computer Supplies - {30.13} 4. Training Aids - {30.82) 5. Copy Machine Rental - {40.22} 6. Travel Allowance - {40.7D} Sub Total Communications Division: 20,000 5OO 150 1,588 7OO lO0 8OO 4O0 5O0 95O 5OO (100) 4OO 22,623 3,838 2,650 -3- E. RECOMMENDATIONS FOR FACILITIES MANAGEMENT 1. Consumable Tools - (30.41) 2. Tools - {30.93) 3. Uniforms - {30.97) 4. Building Repairs - {40.34) 5. Business Me~tings -'(40.7E) 6. Training - {40.7J) 6. Other Contractural Services - {40.99) Sub Total Facilities Management Division F, RECOMMENDATIONS FOR BUILDING DEPARTMENT 1. Overtime - {10.23) 2. Office Supp)ies - {30.11) 3. Business Meetings - {40.7E) 4. Printing & Binding - {40.72) 5. Office Machines & Equipment - {60.72) Sub Total Building Department RECOMMENDATIONS FOR OCCUPATIONAL LICENSES 1. New Personnel/Capital Outlay - {6D.1A) 2. Furniture & Fixtures - {60.71) Sub Total Occupational Licenses RECOMMENDATIONS FOR POLICE DEPARTMENT 1. Office Supplies - {30.11} 2. First Aid Supplies - {3D.73) 3. Range Supplies - {30.81} 1,000 500 500 1,000 450 (375) 1,900 16,400 3,000 4,000 1,500 2OO 2,800 2O4 500 3,000 2,000 4,975 25,100 3,004 (Police Continued) -4- 4. K-9 Account - (30.9J) 5. Miscellaneous Supplies - (30.99) 6. Vehicle Service Costs - {40.27} {This figure based on the department receiving new cars in the 1988-89 budget) 7. Equipment Repairs & Maintenance - {40.33} 8. Cleaning & Laundry - (40.36) 9. Confidential Funds - (40.7C) 10. General Equipment - {60.42} 11. Con~unication Equipment - .{60.9E} Sub Total Police Department: I. REDUCTION IN STREET LIGHTING COSTS DUE TO THE DELAY IN LIGHTING CONGRESS AVENUE J. DELAY IN REPLACING EMPLOYEES WHO RESIGNED GP~AND TOTAL: 2,775 1,500 20,000 2,000 5,000 4,000 8,000 1,320 50,095 20,000 110,818 $272,703 ,,'FORM 8B MEMORANDUms1 OF VOTING CONFLICT FOR ,COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS OLENIK_~ Robert, Jr. 9D Crossings Circle CGUNTY Palm Beach Boynton Beach, ~'~ ~-v ~c~m'm"; c:=:~ Frrl THE B~OARD. COUNCIL. COM~,nsSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X City ! = COUNTY · I OTHER IDCA[ AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ~[~ ELECTIVE ' · : ~ 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, 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 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 1t2.3'143, FLORIDA STATUTES Ei :TED OFFICERS: A person holding elective 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 w'hich 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 3'our 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 any 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 ~T WHICH TF ~ WOTE WILL BE TAKEN: "' . should complete and file this form (before making any attempt to influence the decision) with the person responsible for fec6rding the minutes of the meeting, who will iHcorporate the form in the minutes. · A Copy of the form should be provided immediately to tbe 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. ADDENDUM "A" PAGE IF YOU 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 of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST · Jr, , hereby disclose that on J~v~.~.4~ ~ !, Robert Olenik (a) A measure came or will come before my agency which (check one) inured to my speciat 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 l-am retained. A payment made to Motorola, Inc., my employer, was included for approval in CONSENT AGENDA, Item ~ ~ ~/~ Although I have no direct renumeration from the payment to Motorola, this item is now being placed as public record to ensure no conflict of voting occurred. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANdY REQUIRED 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 SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FOR:q 8B - 10-86 ; PAGE