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Minutes 11-01-88 MINUTES OF THE REGULAR CITY cOMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYI~TON BEACH, FLORIDA, TUESDAY, NOVEMBER 1, 1988 AT 6:00 P. M. PRESENT Ralph Marchese, Mayor Ezell Hester, Jr., Vice Mayor LeOnard Mann, Commissioner 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 6:00 P. M. The Invocation was given by Rev. Arthur Arvay, Church of the PAlms, followed by the Pledge of Allegiance to the Flag led b~ Commissioner Leonard Mann. AGENDA APPROVAL C~mmissioner Olenik added "B. Code Enforcement of Morgan T~ucking Company under ,,ADMINISTRATIVE". Under the "CONSENT AGENDA, N. Approval of Bills," City Manager Cheney added W~ekley Brothers for 90% of the cost of the latest medianHe ! ' t p~o]ec on Federal Highway in the amount of $47,470.50. drew attention to bill "14. MOTOROLA, INC." and apprised the Commission that it should be $16,757.86 instead of $27,757.86. Ab there were no ordinances for 2nd reading, City Attorney R~a added "B. Discussion on Tradewinds Litigation" under "LEGAL". iayor Marchese distributed a comparison of the salaries for ~oth the City Manager and the City Attorney. He suggested t3hat the Commission take this home and come to a decision ~s to what adjustments should be made at%he next meeting. ~nder "ADMINISTRATIVE", he added "C. Ordinance relative to glass bottles." iice Mayor Hester moved to approve the Agenda as corrected, econded by Commissioner Weiner. Motion carried 5-0. ANNOUNCEMENTS 1. City Hall will be closed November 11, 1988 in observance of Veterans' Day. Mayor Marchese made the announcement. -1- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 2.1 Proclamation - Veterans' Day - November NOVEMBER 1, 11, 1988 1988 Mayor Marchese read the proclamation. 3. General Election Day - November 8, 1988 Mgyor Marchese reminded everyone of this date. 4~ Video - Quantum Corporate Park R~presentatives of Quantum presented a video. A site plan oi the park was also displayed. Commissioner Olenik ques- tioned why it took so long before Boynton Beach was mentlone , and he explained On the printed material, C6mmissioner Weiner noticed the only time Boynton Beach was m~ntioned was in "Boynton Beach Boulevard." It was not m~ntioned anywhere in any of the brochures or packets. JQhn Halliday, Director of Sales and Marketing told the C~mmission Quantum is redoing the video. They never did a v~deo before and it was hard to place the photographs with the dialogue. Vice Mayor Hester observed that Boynton Beach wias mentioned in the location. City Manager Cheney pointed oiut that the newer brochures were better. !. CiTY MANAGER'S REPORT ~. Construction Schedule ~ity Manager Cheney referred to the construction schedule before the Commission and said the City would keep modifying l t. This schedule was based on payments made. He stated hat the City is obviously further along in construction Ian the chart showed. Another one will be done, and ity Manager Cheney said they will try to relate it to a Calendar, and the Commission will receive this on a regular ~onthly basis. B. Monthly Demolition Report City Manager Cheney said the City has developed a table Which will show the Commission from month to month both last ~onth's status and this month's status of each particular property so they can see how these things are proceeding month by month. C. CRA Plan Workshop, Monday, November 7, 1988, 4:00 P. M. until 8:00 P. M., Royal Palm Clubhouse ~lthough this meeting is indicated on the calendar, "by linvitation only", City Manager Cheney apprised the MINUTES - REGULAR CITY cOMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 Commission that it is a public meeting with the City's newly selected Consultants for the expansion and plan for the CRA area. The Consultants have invited about 30 people to the meeting that they think will be helpful in their study. The purpose of the meeting is for discussion and input among the 30 people. Some refreshments will be provided for those persons who have been invited. D. Veterans' Day, Friday, November 11, 1988 City Manager Cheney announced that there will be a program at Veterans Park on Federal Highway on November llth. There will be a dedication of a Veterans' plaque at Boynton Memorial Park Cemetery on Sunday, November 13th. E. Sale of $2,500,000 Bond Issue City Manager Cheney apprised the Commission that the City is moving forward with the sale of this bond issue to purchase land on Federal Highway. After explaining, City Manager Cheney continued by saying this will be a public competitive s~le. The sale will take place on November 21st. The bids wlill be opened publicly in the Commission Chambers at Prime Bank Plaza. A Special Commission Meeting is scheduled at 12:30 P. M. Ghat day, so the Commission can adopt a Resolution which Will award the bid to the lowest bidder. City Manager Cheney told the Commission that is usually done the same day ~he bids are opened so the underwriters who are bidding can place their orders. Hopefully, they will all be sold by the ~nd of the day. The bonds will actually be closed, and the money will change hands probably on December 13th or 14th. Then the city Attorney can prearrange to proceed for the transfer of the deed immediately thereafter. That date will depend on when City Attorney Rea and the seller's representa- tives want to get together to do that. City Manager Cheney informed Commissioner Olenik that the meeting on the 21st should not take more than 15 minutes. City Manager Cheney told Vice Mayor Hester that the bids Would be opened at 11:00 A. M., and he elaborated on the procedure. F. Recycling The County started a test program, concurrence, in Golfview Harbour. with the City's City Manager Cheney said -3- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 963 containers were provided on Thursday, October 20th. He stated that he will bring a report to the Commission in the f~ture. The first pickup on Tuesday, October 24th, showed 432 containers were used (45% participation). This compared to a 32% national average for voluntary curb side recycling. There was a 43% participation rate in Charlotte, North C~rolina, which serves as a national program. The mailing f~om the Solid Waste Authority did not get out until after t~e containers were distributed. GL City Commission City Tour - Saturday, November 12, 1988 at 8:00 A. M. C~ty Manager Cheney made this announcement. HI. Administrative Hearing on Bridge by Department of Transportation (DOT) Ciity Manager Cheney informed the Commission that this hear- iing will be the first week of February, 1989. Ii. Annual Board Dinner ~ity Manager Cheney presented a list of the suggested ~nvitations to be sent for the Board dinner. Me asked the dommission to let him know by Friday, November 4, if they ~ave any concerns about the list so he will know by the 1st 6f the week as to which place the City will have the dinner. j. New Info Number ~ity Manager cheney said the City did a summary of this mumber. This number is only anonymous when you call. For five months, there have been 77 calls. 17 resulted in some kind of a dispatch. 23 provided information to the City, ~nd 25 were calls that could be referred to some other place. t2 were from people who called and realized the number was ~ot for general information. City Manager Cheney stated ~hat this information will be updated periodically. ~. Ombudsman ~ity Manager Cheney promised the Commission that he would have a report as to the Ombudsman's activities. It will be ~ statistical analysis of what that office has been involved With. -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 1, 1988 L~ Government Finance officers' Association Award - Finance Department City Manager Cheney presented a plaque to Mayor Marchese and said this was the fourth year the City has received this distinguised service award for budget preparation. This was for the 1987/88 budget. City Manager Cheney stated that the CSty has had awards for financial reports ever since Grady SWann has been Finance Director. He further commented. M~ Containers that Separate Recycling Material Mayor March,se asked if the containers have three units or if it is one big container. City Manager Cheney replied t~at it is one container. Newspapers are to be put separately, next to it. The man that picks it up separates it into three compartments in the truck. There was dliscussion. Ii. Library COmmissioner Olenik asked when they would be moving into the new section. City Manager Cheney answered that it looked ~ike they would be moving the present library into the ~ibrary addition, closing up the old library and remodeling ~hat around the 12th or 15th of December. City Manager Cheney reported that he walked through the City Hall and Public Works projects today. There were signifi- dantly more workers. City Manager Cheney talked to Bill DeBeck, Project Director, who said the subcontractors picked dP a number of workers from the airport project. Commissioner Weiner was amazed at how much work had been done at the Library. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of October 18, 1988 2. Special City Commission Meeting Minutes of October 25, 1988 Be Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Water Main Extension - Lawrence Road Phase II Utilities :The Tabulation Committee rcommended awarding the bid to -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 1, 1988 A.O.B. Underground, West Palm Beach, in the amount of $149,280. 2. Check Endorser - Citizen Services The Tabulation Committee recommended purchasing the check endorser from Cummins-Allison of Margate in the amount of $3,200. 3. Dry Cleaning Service - Boynton Beach Police Patrolmen Uniform Pieces The Tabulation Committee recommended extending the bid to G~eentree Dry Cleaners, Boynton Beach for 85¢ per shirt and 9b¢ per trousers. This price has been the same since 1986. 4. Safariland Centerline Vests - Threat Level 2A - Extended Coverage T~e Tabulation Committee recommended awarding the bid to Qaks Wholesale Dist., Rockledge, FL, in the total amount of 25 x $225 $3,375. Resolutions Proposed Resolution No. 88-BBB Re: Performance Bond Reduction - Meadow Park, a replat of Tract "E" (West of Meadows Blvd. and south of the L-19 Canal '~A RESOLUTION OF THE CITY OF BOYI~TON BEACH, FLORIDA, REDUCING ~HE PERFORMANCE BOND FOR MEADOWS PARK, A REPLAT OF TRACT ~E', PLAT NO. 3 IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 kAST" Proposed Resolution No. 88-WWW Re: Release of Performance Bond - Off Site Hauling - Meadows Park, a replat of Tract "E" (West of Meadows Blvd. and south o~ the L-19 Canal) I'A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR MEADOWS PARK, A REPLAT OF TRACT E', PLAT NO. 3 IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST" D- Development Plans None. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 E. Approve replacement of Groundsmaster at Golf Course In his memo of October 5, 1988, addressed to City Manager Cheney, Joe Sciortino, Golf Course Manager, stated that he would like to purchase this unit under State contract for $9,018. Cgmmlssloner Olenik asked if the City would get a trade-in on the mower they were replacing. Mr. Sciortina answered that the City will advertise that the old mower is for sale. C~ty Manager Cheney added that the City would not get a trade-in on a State contract. Fi. Approve purchase of lime slaking system and chlorinator i with accessories ~illiam Sullivan, Purchasing Director, by memo to City Manager Cheney dated October 21st, requested approval to ~urchase a slaker ($37,146) and chlorinator ($7,215) from Wallace & Tiernan, Newark, N. J., per their proposal in the ~mount Of $44,361. G- Approve gas chromatograph and accessories "Service I Agreement" with Hewlett Packard This agreemenbt was in the amount of $1,488 from November ist, 1988 to October 31st, 1989. The Purchasing Director, my memo to City Manager Cheney, dated October 21, requested Ghat it be approved. ~. Approve Thumper CPR Unit - Fire Department ~y memo to City Manager Cheney dated October 21, the Purchasing Department concurred with the Fire Department's bequest to purchase this unit from Counts Rescue Equipment, Ballentine, South Carolina, for $4,864. ~. Approve sale and removal of lime sludge at ~ Water Treatment Plant 8 ~ity Manager Cheney thought the City's plant was the only ~ater treatment plant that sold its sludge. By memo dated Dctober 24, 1988, John Guidry, Director of Utilites, iinformed the Purchasing Director that Hardrives, Inc., iDelray Beach, wished to extend its annual contract for !purchasing lime sludge another year under the existing iconditions and at the same price. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 J, Approve transmittal of Road Improvement Fees to Palm Beach County Grady Swann, Director of Finance, recommended to City Manager Cheney, in his memo of October 26, that the total collections in the amount of $3,259,500.99 be sent to Palm Beach County. Ki. Approve request for zoning for Alcoholic Beverage License The Club (Southern Entertainment Co. of FL, Inc.) 3675 South Federal Highway Boynton Beach, FL 33435 ID his memo dated October 14, Medard Kopczynski, Deputy ~uilding Official, stated that zoning at the above address ~ermits the sale of beer, wine and liquor for consumption ~n premises in conjunction with a duly licensed restaurant, ~ith seating capacity for 150 patrons. L. Approve Change Order No. 4 - Seppala & Aho - ~ Capital Improvement Program Bill DeBeck, Project Manager, attached copies of the Change Order in the total amount of $5,488.41 to his memo of ~eptember 14, 1988, addressed to George Hunt, Assistant City Manager. {. Consider request submitted by Mark C. Lever, Project Superintendent of McDevitt & Street Company for approval to place one temporary office/construction trailer on site for the construction of Stanford Park Club located on Hypoluxo Road and High Ridge Road Edgar "Bud" Howell, Building official, recommended approval ~or one year. N. Approval of Bills City Manager Cheney added item "26. Weekley Brothers - 90% of the cost of the latest median project on Federal Highway in the amount of $47,470.50," and he changed the amount of item "14. Motorola, Inc." to $16,757.86. (See "AGENDA APPROVAL", page 1.) ~Vice Mayor Hester moved, seconded by Commissioner Mann, to approve the Consent Agenda, items A, 1, 2; B, 1, 2, 3, 4; lC, 1 (Resolution No. 88-BBB) 2 (Resolution No. 88-WWW); E; -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 F; G; H; I; J; K; L; M; and N with the addition and correc- tion. Motion carried 5-0. Commissioner Olenik abstained from voting on item 14, "N. APPROVAL OF BILLS." (See Form 8B, Memorandum of voting Conflict, attached to the original copy of these minutes in the office of the City Clerk.) BIDS Al. Restoration of West Ocean Avenue City Manager Cheney explained that this would be West Ocean Auenue, west of 1-95, where the City installed utility lines a~d made curb cuts. The City would like to go ahead and not hiold this project off until the annual repavement, and he elxplained why it would be better to repave it now. City Manager Cheney recommended that they take one of the ~xisting bids as outlined in the memo from William Sullivan, ~urchasing Director, dated October 27, as there would be ~ reduction, and have that section of Ocean Avenue resurfaced. if the City was going to get that much of a break, ~ommlsslone Olenik asked what it would entail to move up ~he annual resurfacing a couple of months. City Manager ~neney replied that the City tends to do the resurfacing during the summer. When they get to the resurfacing, ~ngineering prepares a list of roads, gives it to the ~ommission for approval, and then the City goes to State or County bids and awards it. If the Commission preferred to ~old off for a couple of months, City Manager Cheney said Engineering could get the list now. They could probably ~ward bids in January. City Manager Cheney stated that there was no guarantee when the contractor would do the work ecause the bid he has with the County does not pin him down o time. When he comes to the City, he ~ill spend three or our weeks and do the whole thing. Commissioner Olenik noted this would be a savings of about $4,000. Mayor Marchese had asked the same question and said the ~nswer he got was that the City had not completed all of the 'l~st. If it meant that they would wind up with half of the llist, he preferred that they go ahead now. If the list could ibe completed in the next two months without causing any iproblems to the infrastructure, Mayor Marchese said he would go along with the Commission. City Manager Cheney repeated !his prior statements and said it would mean that Ocean Avenue would remain unpaved for that period of time. Under those constraints, Mayor Marchese was prepared to repair the street as recommended. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 Commissioner Olenik asked why the City was choosing Weekley. Assistant City Manager Hunt answered that Weekley was giving the City a lower price for this small amount than either of the State contract bids. He thought it was probably because they are in town right now. If they put it off a couple of months, Assistant City Manager Hunt told the Commission they will have about $1,200 to $1,400 of costs just to seal the r6ad. The savings would be about $2,800 rather than $4,000. COmmissioner Olenik questioned whether there would be a p~oblem awarding it to Weekley rather than going out to bid. C~ty Manager Cheney did not think they would because it was 1Qwer than either of the two bidders of both the State and C~unty. Usually, the only bidders the City has are H~rdrive's and Ranger. CDmmissioner Olenik moved to award the bid to Weekley ~sphalt Paving, Inc., Pembroke Pines, FL, for the restora- t!ion and paving of West Ocean Avenue for a total of $6,846. ~ommissioner Mann seconded the motion, and the motion ~arried 5-0. ~UBLIC HEARING None. DEVELOPMENT PLANS LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Discussion on Tradewinds Litigation Requested by City Attorney Rea City Attorney Rea said a couple of weeks ago, Judge Rodgers issued an Order finding the City in wilful contempt of ~ourt and directed the City to initiate the process to adopt ~n Ordinance rezoning the Planned Unit Development (PUD) and to initiate and complete the process to transmit to the Department of community Affairs (DCA) the comprehensivee plan amendments within thirty days or face a $1,000 a day ifine thereafter. -10- MINUTES - REGULAR CITY cOMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 After his research and outside legal counsel's research on the Order, the nature of the Order, and the legal issues involved, City Attorney Rea said they were of the opinion that Judge Rodgers' Order is reversible in the District Court and that, as a matter of law, Judge Rodgers' Order is defective. City Attorney Rea recommended that the Commission move to appeal Judge Rodgers' Order to the 4th District Court of Appeal. He suspected that the Court will reverse that Order. Further, City Attorney Rea believed that, as a matter of right, the City has an automatic stay (a provision ih the Appellate Rule) that would effectively stop the effectiveness of Judge Rodgers' Order until the appeal is flinalized and a decision rendered. C~mmissioner Weiner moved to adopt City Attorney Rea's rlecommendation and that he be directed to appeal the Order olf Judge Rodgers to the 4th District Court of Appeal. Commissioner Mann seconded the motion. I!f they vote to appeal and the appeal is not granted, ~ommissioner Olenik asked if the $1,000 fine would begin 30 days from Judge Rodgers' Order. City Attorney Rea answered that the City has an appeal as a right in this issue. The C1 y also has the stay on the Judge's Order as a right, and the Tradewinds people will be required to try 4o get the stay eliminated. The 4th District Court of Appeal has the right to affirm the lower court or reverse it, but they still have to hear the issues the City presents to ~hem. If they affirm the lower court, City Attorney Rea informed Commissioner Olenik that then they would place the Judge's Order back in effect. The City would then have 30 days to comply. Commissioner Olenik commented that the 30 days had ~ot started yet. City Attorney Rea answered, "No, unless the Tradewinds people decide to go in and get the automatic Stay the City has removed." ~ice Mayor Hester recalled that the City spent a lot of boney on this. He did not think the City could afford to ~pend $1,000 a day right now. Vice Mayor Hester asked if City Attorney Rea thought the Judge's decision might be over- ruled. City Attorney Rea was fairly confident that it would be overruled. He thought there were some fundamental ~roblems with the Court's Order, as it ultimately would ~equire the City to violate even its own Ordinances and State law. From the wording of the Order and the Judge's iintent, the City cannot find an appropriate way to implement -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 the Judge's Order without violating a whole chain of laws and Ordinances in the process. Further, by the way the Order was written and the factual findings that the Judge made, he was of the belief that, as a matter of fundamental case law, the Order itself will be void and unenforceable when viewed in the Appellate Court. V~ce Mayor Hester was involved in this from Day 1, and he c~mmented that it was beginning to be like a long story that did not make much sense. As in all cases, the majority rhles, and that was the way it happened. Vice Mayor Hester skated that he tries to do what is best for the community. H~ knew he would be called a pro-developer but that did not bpther him. As he listened to both sides, Vice Mayor Hester s~id his decisions were what he thought was better for the ciitizens. He thought that was why he was elected. Vice Mayor Hester tries not to make his decisons on emotions or f!ear. He recalled that some people did not want Motorola ~r the mall in the city. He further commented. ~ vote was taken on the motion, and the motion carried 5-0. 4- ordinances - 1st Reading ' 1. Proposed ordinance No. 88-48 Re: Annexation - Citrus Glen - Phase II City Attorney Rea read proposed ordinance No. 88=48 on first ~eading, by title only: i'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON EACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF AND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH ~OUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A ~EASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING k57NEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE ~HARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY ~EREWITH; 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 ICOUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" -12- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 Vice Mayor Hester moved to approve proposed ordinance No. 88-48 on first reading. Commissioner Mann seconded the motion. A roll call vote on the motion was. taken by Mrs. Boroni, as follows: Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Aye Aye Aye - Aye - Aye ~otion carried 5-0. 2. Proposed Ordinance No. 88-49 Re: Annexation - Elementary School "P" ~ity Attorney Rea read proposed Ordinance No. 88-49 on first ~eading, by title only: '!AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON IEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF AND 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 70 A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING NEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE ARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 371.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE iESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE EFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY EREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES N CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING uOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING THORITY 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" ice Mayor Hester moved to approve proposed Ordinance No. 8-49 on first reading. Commissioner Olenik seconded the motion. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner - Aye - Aye - Aye - Aye - Aye -13- MINUTES - REGULAR CITY COMMISSION MEETING BOY'TON BEACH, FLORIDA NOVEMBER 1, 1988 Motion carried 5-0. 3. Proposed Ordinance No. 88-50 Re: Annexation - Lawrence Lake City Attorney Rea read proposed Ordinance No. 88-50 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON B~ACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH CDUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A ~EASONABLY 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 dHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION ~71.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE ~EFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT!COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; ~D,~'~ROTHER PURPOSES" ~ommissioner Olenik moved to approve proposed Ordinance No. 88-50 on first reading. Vice Mayor Hester seconded the motion. A roll call vote on the~ motion was Boroni, as follows: Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese taken by Mrs. Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions None. D. Other 1. Approval of Police Department Union Contract City Manager Cheney called attention to his memo of October 31, 1988 and said he thought the contract had been -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA NOVEMBER 1, 1988 ratified unanimously by the Police Union. He stated that the contract was consistent with the discussions they had when he met with the Commission and provided guidance as to where the City should stand as a result of the Police Union negotiations. City Manager Cheney elaborated and then recommended that the Commission approve the wording of the contract and that it be executed. After elaborating, he p~oposed that the contract be effective on October 6, 1988 b~cause it was not due to the fault of anyone that it took ah extra couple of weeks. City Manager Cheney explained that October 6th was picked because the City's pay days s!tart on Thursdays. Vice Mayor t{ester moved to approve the contract as of dctober 6, 1988, seconded by Commissioner Mann. Motion darried 5-0. Fire Union ~ity Manager Cheney informed the Commission that he would be ~eeting again with the Fire Union tomorrow. 2. Settlement of Code Enforcement Lien Matter - City of Boynton Beach vs. Coleman ~ity Attorney Rea told the Commission this was a matter ~here the City initiated a foreclosure proceeding based on a vote of the Code Enforcement Board. It was set for trial On November 28th. The total sum of the lien as of the date ~f iniating the suit is $7,300. What was offered to the City was that the City would release the fine in exchange for receiving the parcel of property, which is in the north part of Boynton Beach. The property would fit into the City's process of accumulating lots for future building. City Attorney Rea thought it was a good deal and explained. Commissioner Weiner moved to accept the settlement, seconded bY vice Mayor Hester. 2ommissioner Mann asked if the City was accepting Mrs. Coleman's offer to pay the back taxes. City Attorney Rea ~dvised that Mrs. Coleman would pay the back taxes. vote was taken on the motion, and the motion carried 5-0. 3. Approve Water Service Agreement - Olyve Schooley and Sally Wiglesworth Lewis ICity Manager Cheney said this was an agreement for a single -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 1, 1988 family home on Old Dixie Highway. Gravity sewer is not there, but it will be at some point. City Manager Cheney thought the people had a well problem and needed to get public water. He stated that one by one, sewer lines will be extended and the whole area will be served. City Manager Cheney recommended that the Commission go ahead with this. C~ty Manager Cheney informed Commissioner Olenik that when s~wer services are available, State law requires that people hbok up if their property is within 150 feet of the sewer line. ~ommissioner Olenik moved to approve the water service ~greement, seconded by Commissioner Mann. Motion carried ~UBLIC AUDIENCE None. OLD BUSINESS A. Discuss and approve program proposed by the Drug Abuse Foundation and recommended by the City Manager City Manager Cheney reminded the Commission that last year, %hey approved $50,000 for use of the drug program, and that program was to be determined as time went on. A couple of Weeks ago, they had a joint meeting with the Task Force and Alton Taylor, Director of the Drug Abuse Foundation, and ~eviewed a program City Manager Cheney had earlier reviewed With Mr. Taylor. City Manager Cheney found it to be a good program and appropriate for the City. He recommended that the Commission assign $50,000 to the program. Mr. Taylor was present, if anyone wanted additonal information. Commissioner Olenik called attention to the agenda, which said "Discuss and approve program". He thought it should be, ?Discuss and consider program." Commissioner Olenik said they were assuming they were approving the program, and they had not even considered approval. If they vote to ~isapprove, City Manager Cheney pointed out that it would not be approved. Under "NEW BUSINESS," Commissioner Olenik noted item A said, "Approve guidelines." Again, he felt the word "approve" should be changed to "consider". iCommissioner Olenik recalled that at the meeting they had a ~couple of weeks ago, he was concerned that they were spending -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA NOVEMBER 1, 1988 $50,000 of the City's money. Commissioner Weiner informed him they would treat 32 kids and then 64 for the whole year. City Manager Cheney stated that the total program is for $115,000, and the City is putting in $50,000. COmmissioner Olenik commented that the children involved in the program are those that have not had any signs of drug~ abuse in the past but are children in a high risk group b~cause they may not be doing well in school. His concern wes whether it was a drug abuse education program or a p~ogram to try to keep kids in school. Commissioner Olenik rleferred to the City spending $50,000 for 64 children and ~oiced concern that there might be something out there that trey could reach more students with for that amount of ~oney. ity Manager Cheney responded that a lot of people in this ommunity are supposed experts on how to handle drug ~roblems. For 12 years and more, the Drug Abuse Foundation 9nd its people, which the City has been supporting, have come into a lot of knowledge and judgment as to how to deal ~ith kids and adults in the area of drugs and drug preven- tion. The Alpha program at the Middle School level also ~nes not treat, in qeneral, children on drugs, but their ~tudies show to a high degree that the kids treate in the Alpha program were susceptible to going on drugs. The figures show fantastic results of preventing kids from going ~n drugs. City Manager Cheney expounded. It seemed to him %hat those people who drop out of schools had the greatest potential for going into drugs, and those are the kind of ~ids this program is getting. A lot of treatment is hecessary for other kids, and City Manager Cheney felt the City should be doing something about that. As the Drug Abuse Foundation continues to expand, City Manager Cheney suspected that as they work in the City, the City and the Foundation will be identifying kids they have hot identified and, hopefully, they will find ways to get ~hem into the treatment program. He thought the fact that two or four of the Foundation's professionals involved in ~he City with families and kids should mean that they will ~dentify specific family members. City Manager Cheney ~xplained, and there was discussion. ~f they put this out to bid, City Manager Cheney suspected ~hey would get all kinds of experts coming in. He reiterated prior statements about the Foundation. -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 Vice Mayor Hester works at Congress Middle School, and he assured the Commission that the program works. He said the kids are not admitted to the program unless the parents agree that they want them in the program. Vice Mayor Hester elaborated and then said the City has to start someplace. He agreed it was a lot of money but stated that it will cost the City more if they do not do something about the problems they have. In the long run, he thought it would be for the b!etter. ~t the meeting the other night, Vice Mayor Hester noticed a ~ot of people thought they were going to treat people with rug problems. Vice Mayor Hester did not think that was the unction of the money. Now the Commission was deciding Where they were going to spend it. Vice Mayor Hester ~hought some of the money would be spent mainly on drug ~ddicts, but he though they were now attempting to help ~omebody that might get into drugs in the long run. When ids drop out of school, Vice Mayor Hester said they know ~hat is going to happen. He stated that the City needs to look no further than what happened in Boynton Beach the ~ther night (the Satanic movement). Vice Mayor Hester felt ~his was a good place for the City to start. ~t the meeting the other night, it appeared to Mayor ~archese that the people working in the field had devoted ~any hours. He alluded to telling Lee Wische that they ~ould be putting the money into the hands of people who have been doing the work and who have gotten marvelous results. ~ayor Marchese said the City will be able to intercept ~eople at an age and time when they can possibly reverse ~heir thinking, and he explained. Mayor Marchese referred ~o burglaries and the cost of housing people in jails and ~ished he could tell the people that the program would be ~ompletely successful. He stated that he could not afford ~o take the chance of not doing something to help some of ~hese youngsters, and he was strongly in favor of spending ~his money. ~ommissioner Weaner shared Commissioner Olen~k s concern an ithe frustration she thought he felt about this only being lone program. This was only intervention. Commissioner ~einer hoped this would not be the City's last step to try ,to deal with this terrible problem. She thought this was a Ivery positive program. In listening to the details of it, ishe was very impressed with the measure of control they have lover the children involved and the degree in which the ~families are concerned. Commissioner Weiner thought the !City should go forward with the program. -18- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 Commissioner Olenik was concerned for the following reasons: (~1) That the City had not looked elsewhere. There are a lot of drug education programs out there that the City never attempted to look at. (i2) This is different than the Alpha program. As he under- sitood it, this program has not been done anywhere in Palm ~each County. Boynton Beach will be first to do this type of program. With that minimum amount of children and that ~mount of dollars, Commissioner Olenik warned that the ~rogram may not work. (i3) Although the program involves the family, they have to ~ind children whose parents are willing to go to meetings and be active. Commissioner Olenik was not sure they would get that type of combination. !4) Commissioner Olenik asked how they would ensure that all students that fit this category would be involved. He knew ~he discussion was that they would look at all of the high Schools that Boynton Beach sends students to. (5) The apparent attempt was that this would happen some- place in North Boynton at the Wilson Center or maybe one of the schools. Commissioner Olenik wondered what they would ao if somebody lives in Chapel Hill and does not have transportation. He inquired how they could ensure that a Student would get there four days a week, directly after School. It is an aftr school program that has never been tried before, and Commissioner Olenik was concerned about spending this kind of money. He expounded. Vice Mayor Hester stated that it does not have to be in the north area but can be in any area of Boynton Beach. He thought they were beginning to stigmatize areas. If it is in any area, somebody will have to get there one way or the other. Vice Mayor Hester hoped they were not saying it was all in the north area because it was not true. He expounded and repeated prior statements. Vice Mayor Hester said petting the students there was a problem that would have to be solved. After expounding, he stated that if they want to help somebody in Boynton that might get into drugs, they had ito take a part. Vice Mayor Hester wanted all of the areas Of the City to be involved, because there are problems there itoo. He stated that he lives in Boynton Beach, does not go ito areas, but lives in Boynton Beach PERIOD. Vice Mayor Hester further commented and said it was not because he lives -19- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 in the north end that he was saying this. He just does not like them saying that everything that happens happens in the north end because it is not true. MHurice Rosenstock, 1 Villa Lane, could not help but notice the expenditure of $50,000 plus the additional amount, which would come to $115,000. Commissioner Weiner informed him that not all of that amount would be the City's money. Mr. Rosenstock replied it would be the taxpayers money. He riequested the Commission to investigate other avenues to ciorrect the drug abuse problems the City has. Mr. Rosenstock thought Commissioner Olenik was correct. He lluded to being aware of most drug abuse programs in the nited States because of his daughter. Mr. Rosenstock felt ~he Commission was jumping into a proposal before it was ~horoughly investigated, and that it was an unfair expen- diture of the taxpayers money. Marvin Greenhut, 6c Stratford East, thought any program Where they are concerned about ending drug abuse was worth- While. However, the City was spending a lot of money in ~he Police Department. Mr. Greenhut reminded the Commission ~hat the Police Department is frustrated with people selling drugs and indoctrinating and altering young children to take ~nd sell the drugs after they get hooked on them. He said {he Commission owes a duty to the Police Department to ~ooperate with them to clean the streets of the people who indoctrinate, teach, threaten, and alter these children. Mr. ~reenhut informed Commissioner Olenik that they alter the Children when they are very young. He referred to drop outs And said if the Commission is going to spend $50,000 they Should spend it to give drop outs jobs or teach them skills. Mr. Greenhut told the Commission to think hard about spending ~he $50,000, which sounds good politically, and he elaborated. He urged that they back the Police Department, speak hard ko the Corps, and clean the streets. Mr. Greenhut agreed With Commissioner Olenik. ~aura $1eventon disagreed wholeheartedly with Commissioner 01enik. She lost a daughter to drugs, and she explained. ~ friend of hers was in the war at Viet Nam and could handle ~hat easier than what happened to his 14 year old daughter. His daughter went to the Alpha program, and she will not touch drugs because of what she learned in Alpha. After elaborating, Ms. Sleventon suggested Commissioner Olenik go !to the Congress Middle School and talk to the gentleman that ~eals with these problems every day. Although she lost a -20- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 daughter, Ms. Sleventon stated she could fight for her City and all of the other little kids out there. MS. Sleventon referred to the City putting money into bleaches for people to lay in the sun and into tennis courts aind volley ball courts for older people. She referred to Mr. Greenhut's statement about teaching kids how to work and pointed out that once they sniff drugs, they will not work ~ny more. Barbara Kruger, 2563 S. W. 10th Court, Chairwoman of the ommunity Relations Board (CRB), said when she first started n the CRB, they were giving South County Drug Abuse ~oundation $3,000 a year. Every year, before the CRB pproved giving them anything, the CRB went over the Founda- ion s budget. For $3,000, the City was getting a bargain. They were supporting Boynton children in the Alpha program. This past year, Ms. Kruger said the CRB recognized that drug Abuse is the 91 problem in the City. The CRB gave the ioundation $10,000 last year. When they asked the Foundation hat they would do for the City, Mr. Taylor presented the CRB with a program for $135,000, which the Commission saw. ~he City only wanted to go with $50,000 and asked what Mr. Taylor could do. Mr. Taylor replied that he would put 65,000 with the $50,000. ~t the Police Seminar Workshop, Ms. Kruger asked the Officers hat they thought. They liked the program because these are ids they cannot reach. The kids in high school are the ©nes they are having problems with. Vice Mayor Hester moved to approve the Drug Abuse Foundation program, as recommended by City Manager Cheney. Commissioner weiner seconded the motion. The motion carried 3-2. Commissioner Mann and Commissioner Olenik voted against ~he motion. yEW BUSINESS ~. Approve guidelines for the preparation of Tenant Hazardous Materials Contamination Response Plans as prepared by Quantum Associates for Quantum Corporate Park Carmen Annunziato, Director of Planning, informed the ~ommission that one of the requirements of the developer ~that the Commission has to approve the plan, and the property owner has to abide by that. The document was ~reviewed by those people responsible for analysis. City -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 Manager Cheney clarified that those people are the Depart- ment of Environmental Regulation (DER), Treasure Coast, and Palm Beach County, and the City's Utility Department. Mr. Annunziato recommended that it be approved. City Manager Cheney elaborated. Ciity Manager Cheney informed Commissioner Weiner that as tlime goes on, the regulations will be changed, and the laws ~ealing with hazardous materials will preempt any kinds of agreements made prior to that time. John Guidry, Director 0f Utilities, interjected that the City can always change it ~rom the standpoint of being more stringent. ~ommissioner Olenik moved to approve the guidelines, ~econded by Vice Mayor Hester. Motion carried 5-0. OLD BUSINESS A. Drug Abuse Foundation On a monthly basis, Commissioner Olenik wanted an update on attendance of parents and students (how many attend and how timely they attend). He thought this was needed in a ~imely fashion. MEW BUSINESS ~. Consider approval of sign program for Sunshine Square Shopping Center City Manager Cheney said one of the provisions of the new Sign Code in regard to shopping centers is that if a shopping Center presents an overall signage plan with colors that the CAB and Commission approve, every time they change their signs, other than getting a sign permit, they do not have to come back for review. City Manager Cheney explained that it forces the shopping centers to look at the centers from the context of overall design. Jim Paine and Jon Moore, Smith and Paine Architects, Inc., 580 Village Boulevard, Suite 260, West Palm Beach, FL 33409, appeared before the Commission. Mr. Paine apprised the ~ommission that they were approved by the CAB. The CAB !recommended that they provide a sample letter that would ~emonstrate their colors and the background it would be painted. Mr. Paine said they also had photographs. iCity Manager Cheney alluded to the sign Dollar Saver had. :Mr. Paine stated that was a box sign, and it will not be -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 permitted under their criteria. They will insist on individually lettered signs. The box signs at the center are required by law to be removed by a certain period of time. There were also a couple of signs there that were not within the color scheme, and they will also be removed. Commissioner Weiner thought the CAB requested that they oinly use two of the three colors. City Manager Cheney rlead that the CAB recommended approval. "A minority of the Hoard was not in favor of allowing the center to have the proposed three color choices for signs." Mr. Paine recalled ~here were a variety of opinions, but the CAB voted for three colors. Vice Mayor Hester moved to approve the sign program for Sunshine Square Shopping Center. Commissioner Mann seconded ~he motion, and the motion carried 4-1. Commissioner Weiner cast the dissenting vote. C. Salaries of City Manager and City Attorney Mayor Marchese said this was included in the packets of the Commission for their consideration at the next meeting on ~ovember 15th. (See also page 1, "AGENDA APPROVAL"). OTHER ~ayor Marchese had received slips from George Culver, Skip Libbey and Gary Nolan, who wished to speak. He informed %hem that the items were not on the agenda, and the Public Audience was closed. ADMINISTRATIVE A. Information on N. E. 13th Avenue Sidewalk City Manager Cheney suggested that the Commission look at this street on the 12th. The right-of-way of N. E. 13th ~venue is 35 feet. The existing paving is 20 feet. That ~eaves 7~ feet of right-of-way on both sides. The sugges- tion made by Engineering was that the sidewalk be put on the Isouth side. Two feet at the property line would be used as ~ drainage swale. The sidewalk, curb and gutter would be !5½ feet. The 2 feet for the swale and the 5½ feet = the 7½ ifeet that is available from the side of the road to the fright-of-way. iCity Manager Cheney said that would leave two ten foot ~travel lanes and virtually no parking on that side of the -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA NOVEMBER 1, 1988 street. When the Commission visits that area on the 12th, he said they will be able to see lot by lot those areas that will lose parking in their front yard. Those properties that lose hedges or trees and, in one case, a short chain link fence in front of the property and, in some cases, the edge olf the sidewalk would come to the front porch of a house. City Manager Cheney continued by saying the drainage will ~e handled on the side by having a culvert underneath the siidewalk at various points so the water can drain. Water Kill drain under the sidewalk onto the two foot swale and Drivate property. It will then dissipate in grass and, in ~ost cases, will not be a problem. He further commented. ~ity Manager Cheney informed the Commission that the esti- mated cost of $61,000 for what he was talking about would just include the sidewalk, curbs, swale, PVC pipe, and ~estoration along the way. He suggested that they needed to ~ee it in the field. City Manager Cheney had a set of plans marked up, and he thought the Commissioners may want to borrow them and drive up and down the street individually before Saturday morning, the 12th. Then they could see what ~he physical impact of the sidewalk would be. The second question would be the budgetary impact. With regard to the third question, City Manager Cheney proposed a public meeting so that the property owners on the ~treet could come forth and see and know what the impact Would be on them. Wilda Searcy, 402 N. E. 13th Avenue, had wished to speak Dut said City Manager Cheney had answered her questions. She thanked him and the Commission for giving her neighbor- hood better information. She asked if she could ride with ~he Commission on Saturday morning. Mayor Marchese answered ,No", and explained that he could not extend an invitation to one person and not the rest of the citizens. He informed her that the press would be there. There were other comments. ~ity Manager Cheney told Mrs. Searcy that quite likely, the Commission would get out of the van that Saturday morning. Mrs. searcy stated that she would wait for them. B. Code Enforcement - Morgan Trucking Company Requested by Commissioner Olenik ~ommissioner Olenik asked if Morgan Trucking Company had been cited for having an unregistered vehicle. City Manager -24- MINUTES ' REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 Cheney promised to give the Commission a report at the next meeting on the history of that land. The City has done a lot of research on it, and he explained. City Manager Cheney further reminded the Commission that the City has olffered to buy the land. He added that his report will tell where the City stands and about the attitude of Florida East Coast Railway (FEC) and Morgan Trucking. There was ~iscussion about the damaged truck on the property. Mayor Marchese urged that City Manager Cheney look into it. ~. Ordinance City re Glass Bottles ~ayor Marchese was at the 300 block of Martin Luther King, Jr. Boulevard when Police Officers Bill Shortley, David ~urns, and Tim Moran, plus the People who live in the com- munity were there with power saws and rakes cleaning it up. He understood a whole number of Police Officers had volun- teered to do this. The City provided the trucks and equip- ~ent. Mayor Marchese judged that they cleaned up a lot that Was at least 40 to 50 feet wide and as much as 75 to 80 feet deep. He thought it was a fantastic job. There was a barbeque after that, and Mayor Marchese commented that it Was good community relations. Mayor Marchese recalled that Police Chief Hillery pointed Out to him that no beer cans were around, but broken bottles ~ere all over the place. He alluded to broken bottles all ~er the City and State and expounded. Mayor Marchese said ief Hillery and City Manager Cheney are going to try to get the people who sell beer and soda to buy it in aluminum Cans. Mayor Marchese understood some States have this Ordinance on ~heir books, and he asked City Attorney Rea to look into the ~egality of a local Ordinance or to advise what the Commission can do to get rid of alcohol and soda in glass bottles. For the record, Commissioner Olenik stated that he and ~ommissioner Weiner were also at the clean-up and saw the problem of broken bottles. ADJOURNMENT There being no further business to come before the iCommission, the meeting properly adjourned at 8:00 P. M. -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1, 1988 CITY OF BOYNTON BEACH / %-- ~ Mayo~ ViI ~Mayor Commissioner Commissioner ATTEST: C'ity ~rk :cording Secretary // (Two Tapes ) ~J -26- AGENDA November 1, 1988 o ALLIED PRODUCTS COMPANY pebble Quicklime for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-65 BOYNTON BEACH CHAMBER OF COMMERCE Services for month of October, 1988 Pay from Publicity Fund---101-191-519-40-54 CH 2M HILL, SOUTHEAST FLORIDA OFFICE Professional services in connection with preparation of of Water and Wastewater Master Plan(Task Order No. 1) from 8/25/88 thru 9/24/88. Pay from Utility General Fund---403-000-169-01-00 21467.80 ,, ,, ,, " " 403-000-169-11-00 21467.81 $ 15,565.61 1,375.00 42,935.61 10. TIiE CENTER FOR FAMILY SERVICES Employee Assistance Program for October, 1988. Pay from General Fund---001-135-513-40-82 DAVIS WATER & WASTE INDUSTRIES, INC. Rental of Scrubbers at Lift Station for month of October. Pay from Water & Sewer Rev---401-352-535-40-99 FLORIDA LEAGUE OF CITIES Dues for Annual Membership plus 16 annual subscriptions to Quality Cities Magazine @ $6.00 each. Pay from General Fund---001-121-512-40-7G GERAGHTY & MILLER, INC. New well construction, replacement and aban and Western Wellfields. Pay from 1985 Constr. Fund---409-000-169-01 GOLD COAST GYMNASTICS Pall Athletics/Gymnastics for Recreation De] Pay from General Fund---001-721-572-40-69 GLASGOW EQUIPMENT SERVICE, INC. Furnished and installed 2,000 Gallon Fuel Tm bid specifications. Pay from Utility Capital Improve.---404-000-1 Per bid 2/11/88, Commission approved 3/1/88 HECTOR TURP, INC. 2 Club Car Utility Vehicles for Golf Course. Pay from Golf Course---411-726-572-60-8H Per bid 9/12/88, Con~nission approved 9/21/88. 1,050.00 3,750.00 2,748.61 123.90 905.00 65.00 0.00 11. 12. 13. 14. 15. ¸18. 19. 20. 21. H]ZSCO SALES, INC. Garbage Containers for Sanitation Department. Pay from Sanitation Fund---431-341-534-60-gB "Bid Item" KARSTEN MANUFACTURING CORP. Merchandise for Pro-Shop at Golf Course. Pay from Golf Course---411-000-142-01-00 MATTLIN, MC CLOSKY & NORTH Legal services regarding Tradewinds from 9/4/88 to 10/18/88. Pay from General Fund---001-000-247-1T-00 MOTOROLA, INC. Service contract Aug.,Sept. & Oct. for Microwave and High Tech Boards and quarterly maintenance 10/15/88 thru 1/14/89 for General Maintenance for Co~nunications. Pay from General Fund---001-197-519-40-31 NATIONAL LEAGUE OF CITIES Annual membership dues from 1/1/89 thru 12/31/89. Pay from General Fund---001-111-511-40-7G PEROXIDATION SYSTEMS, INC. Odor control peroxide for Lift Stations. Pay from Water & Sewer Rev---401-352-535-30-65 PIERCE MANUFACTURING, INC. Custom Pumper for Fire Department per bid . Pay from Vehicle Service Fund---501-193~519-60-88 Indian River County Bid #383, Commission approved 4/5/88 POST, BUCKLEY, SCHLTH & JERNIGAN, INC. Invoice #1 Phase IV for 3.0 Million Gallon Ground Level Storage Tank & Booster Pumping Station. Pay from Utility General Fund---403-000-169-01-00 PRIDE OF FLORIDA Chassis & Body exchange for vehicles #819 & #831 for Fire Dept. Pay from Vehicle Service Fumd---501-193-519-60-89 PROFESSIONAL ADMINISTRATORS, INC. Worker's Compensation reimbursement from 10/1/88 to 10/15/88. Pay from various departments. REGENCY DODGE, INC. 1989 Dodge Van for Facilities Management. Pay from Vehicle Service Fund---501-193-519-60-81 "State Contract #070-001-88-1" 16,356.64 4,061.20 3,828.23 27,757.86 1,864.00 32,859.45 114,843.00 4,387.00 2,674.54 4,940.92 8,078.00 22. 23. 24. 25. REYNOLDS, SMITH & HILLS Payment 2, 3 & 4 Paint-Up/Fix-Up, Phase II, Home Improvement Phase I; Home Improvement Phase II, Infill Construction, Homeownership, & Rental, Phase I; Home Improvement, Completion of Phase III. Pay from Community Redevelopment---621-196-519-40-63 R.J. SULLIVAN CORPORATION Application #2 3MG Storage Tank & Booster Pump Station. Pay from Utility General Fund---403-000-169-01-00 UNIJAX Supplies for Facilities Management. Pay from General Fund---001-192-519-30-92 COMPUTER SYSTEM APPLICATIONS Partial payment for software for new AS/400 Computer System. Pay from General Fund---001-181-518-40-7J Per bid 8/15/88, Commission approved 10/18/88 16,150.00 55,088.89 2,097.95 15,312.50 The bills described have been approved and verified by the department heads !involved, checked and approved for payment. Grad~TM I therefore recommend payment of these bills. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR :COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME--FIRST NAME--MIDDLE NAME _1 NAME OF BOARD, CQUNCtL. COMMISSION1 AUTHORITY, OR COI~IMI'UI'EE THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY [ i COUNTY ] OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: 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. 11 applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest~ under Sectiou 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 wilt 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 1'!2.3143, FLORIDA STATUTES ELECTED 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 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 whicl: 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 otherwi?e may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an} attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE D ' ECISION PRIOR TO THE MEETIN THE VOTE WILL BE TAKEN: G AT WHICH * You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who'will iocorporate the form in the minutes. · A copy o_~ 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. 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