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Minutes 11-04-92 HINUTES OF THE REGULAR CITY COHHI$SION HEETING HELD IN COHHI$SION C~tBER$, CITY HALL, BOYNTOH BEACH, FLORIDA, ON WEDNESDAY, NOVEHBER 4, 1992, AT 6:30 P, PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, Call to Order B, Invocation - Moment of Silent Pr~yer C, Pledge of Allegiance to the Flag Mayor Weiner called the meeting to order at 6:30 P. M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was recited. D, Agenda Approval 1, Additions, Deletions, Corrections Vice Mayor Matson added IV.F. Trash-A-Thon. Commissioner Aguila added XI.B.1 Status of Resolution Agreed to by City Commission in July 1992; XI.B.2 Letter from Dr. Diaz; and XI.B.3 Resolution to County Commission. City Manager Miller deleted II.H. He explained it should be put on hold for now. He also deleted VIII.A since Norman Michael of Milnor Corporation faxed a letter to Chris Cutro, Planning and Zoning Director, requesting that this matter be tabled until the November 17, 1992 City Commission meeting to allow them to meet with the homeowners in the immediate area so that they fully understand the minimal effect in the change of their zoning request. IX.C.1 was postponed by City Manager Miller since a letter was received from Attorney Morris G. (Skip) Miller asking that this matter be postponed until the first meeting in December in order to give him the opportunity to meet with the Willowbrook Homeowners AssOcation to discuss City Engineer Richard Staudinger's recent engineering report on this matter. Mayor Weiner added XI.A.2 Safe Space. 2, Adoption Hotlon Vice Mayor Matson moved to adopt the agenda as corrected. Commissioner Aguila seconded the motion which carried 4-0. 1 NINUTES - REGULAR CITY C(LqNI$$ION NEETING BOYNTON BEACH, FLORIDA NOVEHBER 4, 1992 II, ADNINISTRATION A, APPOINTNENT REGI TO BE NADE BOARD ALT LENGTH OF TERM EXPIRATION DATE Walshak Clv11 Service Board Alt 4~93 TABLED Natson Cazeanlty Relations Board Alt 4~93 TABLED Agulla Education Advisory Board Rog 6/94 TABLED All the above appointments were left on the table. B, Change Order No, I - Nllne & Nlcholls - Lighting at the Recreation Activity Center, .... ,,,,,,,,,,,,,, .... ,,, ..... ,,,,,,,,,,,.,.,,,TABLED Motion Commissioner Aguila moved to take this item off the table. Vice Mayor Matson seconded the motion which carried 4-0. City Manager Miller advised that this change order is for the lighting at the Recreation Activity Center. At a previous meeting, the Commission requested a letter from Gee & Jenson, stating that they have reviewed all the prices and agree with them. City Manager Miller referred to Michael Flattery's letter of October 23, 1992. The revised price would be $39,863. Hotlon Commissioner Aguila moved to approve Change Order No. ! for Milne & Nicholls to do the lighting for the Recreation Activity Center. Vice Mayor Matson seconded the motion which carried 4-0. C, Naster Pumping Station Nodlflcatlons at Boynton Beach Boulevard and Lawrence Road (Lift Station BO1) City Manager Miller advised that Lift Station 801 is one of five master pump stations within the collection system. Many components of this station are in need of replacement or refinishing at this time. He referred to the proposal from Stanley Consultants, Inc. for design and construction services, not to exceed $19,300. Notion Commissioner Walshak moved to approve this item. Commissioner Aguila seconded the motion which carried 4-0. Acquisition of a street sweeper (Johnston Serles 600 vacuum sweeper mounted on a NACK NS25OP Chassis) for the Public Works Department City Manager Miller stated that he had some discussions with some of the Commissioners relative to the acquisition of a street sweeper, and all were in 2 #INUTES - REGULAR CITY CGNNISSION HEETII~ BOYNTON BEACH, FLORIDA NOVEHBER 4, ~g92 concurrence that a street sweeper is needed for the street sweeping program in the City. A decision has to be made to either purchase a Johnston 600 Series as recon~nended by Deputy Public Works Director Carel Fisher, or design a set of specifications and go out to bid. City Manager Miller pointed out that it may take four months if the City gets involved with designing a set of specifica- tions and go out to bid. He advised that about a year and a half ago, extensive research was done through the Vehicle Maintenance Division and the Roads and Streets Division under the Quality Circles Program on various street sweepers. It was recommended that the Johnston 600 Series sweeper was the one that met the City's needs. The cost would be $106,721. Commissioner Aguila felt the City should go out for bid. He said the City has plenty of time, but not plenty of money. Mayor Weiner was convinced from Mr. iFisher's memo that the City would be getting the best for its money. Commissioner Walshak agreed with Mayor Weiner. He said he is familiar with this equi!pment and that the MACK chassis is probably the toughest and best possible chassis to put under a vacuum sweeper and that the Johnston Series 600 vacuum sweeper is one of the best. Vice Mayor Mayor was comfortable relying on staff's recommendation. She felt the City waited a little bit too long to get the streets taken care of. ~otllon Commissioner Walshak moved to approve the acquisition of a Johnston Series 600 vacuum sweeper mounted on a MACK MS250P Chassis for the Public Works Department. Vice Mayor Matson seconded the motion which carried 3-1. Commissioner Aguila cast the dissenting vote. E, Authorization to renovate (design/construction) the maintenance fa- cility at the Municipal Golf Course City Manager Miller pointed out that the money for this is coming out of the Capital Improvement program of the Golf Course, not the City's General Operating Fund. He explained that fifty cents on every round of golf played is put into a separate Golf Course Capital Improvement Fund. Improvements are made using these funds. Joe Sciortino, Golf Director, stated that when the Golf Course was opened, it was known that equipment would be added as the need increased. Therefore, when he paved the inside of the building, he made room for an extended bay. It has been on the capital improvement list since 1985. With the amount of equipment there now, Mr. Sciortino was concerned that without that bay, if a fire erupted in any of the existing bays, it would be very difficult to work in and around the equipment. Mr. Sciortino stated that new equipment is being delivered this year, the money is available, and now is a good time to renovate. He added that he has been waiting to put in a proper wash rack. There are no agencies that really give any direction. Therefore, he is going to do what most everybody in the area is doing, which is to build a wash rack area with a sand and oil 3 *should read, Vice Mayor Matson MINUTES - REGULAR CITY COMMISSION MEETING ,BOYNTON BEACH, FLORIDA NOVEMBER 4, 1992 separator. This is all that has been required to discharge water off the holding lake. Motion Commissioner Walshak moved to approve renovation of the maintenance facility at the Municipal Golf Course. Commissioner Aguila seconded the motion which carried 4-0. F, Write'off of accounts receivable - Utility (water/sewer) and Sanitation Services City Manager Miller stated that the City Commission's approval is being sought to turn certain accounts over to the collection agency and to write off the ones that are a year old. Motion Vice Mayor Matson moved to approve the write-off of accounts receivable for Utility (water/sewer) and Sanitation Services. Commissioner Aguila seconded the motion which carried 4-0. G, RFP - F,I,N,D, Grant for Downtown Mangrove Nature Park City Manager Miller advised that in developing this park, the City envisions a boardwalk area, complete with educational kiosks, picnic table areas, an obser- vation tower and canoe trails. This grant would be for the planning, surveying, permitting and design phase. It is hoped that the City's application for a grant in subsequent years will provide funding for construction. Mayor Weiner pointed out that this project was started when Ralph Marchese and Mayor Cassandra were on the City Commission. Mr. Marchese thanked the present City Commission for bringing this project to fruition. Commissioner Aguila felt that some very competent, qualified and experienced landscape architectural firms will be excluded from bidding this because of the excessive amount of insurance required. Mr. Staudinger said this required amount of insurance is standard in all the RFPs. The only problem he has is the liability if the design continues through to the construction. Even though the design is a small dollar amount, if there are problems with construction, the design firm involved could still be sued. Commissioner Aguila suggested cutting the coverage in half. City Manager Miller will see if this is agreeable with the Risk Manager. Commissioner Aguila stated that if in his discussion with the Risk Manager he finds that the City is not adequately covered, do not change the amount of insurance. Mayor Weiner would like to see this back at the next City Commission meeting due to the time constraint of having to qualify for the next part of the project. MINUTES - REGULAR CITY C~ISSION MEETING BOYNTON BEACH, FLORIDA NOVENBER 4, 1992 Attorney Cherof advised that the City Co~mission could move it forward, revisit that specific issue next time, and make an amendment to it. Due to the time schedule that the City has to adhere to, City Manager Miller wished to move this forward. If the insurance requirement is lowered, he will send out an addendum. Mr. Staudinger stated that there is a RFP meeting in December, which could be the appropriate time to notify all applicants. City Manager Miller will bring the insurance issue back at the next City Commission meeting; however, he requested authorization to proceed with the RFP. Motion Commissioner Aguila moved to authorize the City Manager to proceed with the RFP. Commissioner Walshak seconded the motion, which carried 4-0. Amending Self-Insurance Agreement with Florlda League for the purchase of defense cost coverage for general 1lability, auto, and publlc officials This item has been postponed. III, CONSENT AGENDA A, Nlnutes 1, Regular City Co~nlsslon Neetlng Ntnutes of October 20, 1992 Vice Mayor Matson requested that the verbatim transcript of the discussion regarding her trip to Tallahassee be made part of the minutes of the October 20, 1992 meeting. 2, Spectal City Commission Neettng Mtnutes of October 26, 1992 B, Btds- Recomme~t Approval - All expenditUres are approved In the 1992/93 Adopted Budget 1, Printing specifications for the Funfare Nagaztne The Tabulation Committee recommends awarding the bid to Lake Worth Herald Press of Lake Worth, in the amount of $24,865.00 for the Winter, Summer and Fall Issues. 2, Grass Seed for Golf Course The Tabulation Committee recommends awarding the bid to Sunbelt Seeds of Norcross, Georgia, in the amount of $5,791.50, for 6,100 lbs. of 40% Palmer II, 40% Prelude II, 20% Repell II and 550 lbs. of Sabre Rough Bluegrass. MINUTES - REGULAR CITY CCMMISSION MEETING BOYNTON BEACH, FLORIDA NOVENBER 4, 1992 C. Approval of Bills The original list of these bills is attached to these Minutes on file in the City Clerk's Office. Consider request for disinterment of Lot 448 B, Block S, and refund on Cemetery Lots 448 A and B, Block S, Boynton Beach Nemorlal Park Addn, tl Robert R. Campitelli requests permission to disinter his father, Flower (Phil) Campitelli from cemetery Lot 448 B, Block S, Boynton Beach Memorial Park Addn. #1 so he can be entombed in the Boynton Beach Mausoleum. He also requests a refund on cemetery Lots 448 A and B, Block S, after the disinterment has taken place. E, Consider request for transfer of cemetery Lots 141 and 142, Block C, Boynton Beach Memorial Park Roy T. and Rosemary Penn request permission to transfer cemetery Lots 141 and 142, Block C, Boynton Beach Memorial Park to Lorne & Sons Funeral Home. They have moved to Ocala, Florida and will not be using said lots. Motion Vice Mayor Matson moved to approve the Consent Agenda as corrected. Commissioner Aguila seconded the motion which carried 4-0. MAYOR WEINER DECLARED A RECESS AT 6:55 P. M. THE MEETING RESUMED AT 7:00 P. M. IV, ANNOUNCEMENTS AND PRESENTATIONS A, Employee of the Month - October 1992 Mayor Weiner and City Manager Miller honored Dan Miller as Employee of the Month for October, 1992 for his outstanding dedication to the job and his invaluable service to the City.. During renovation of the Red Course greens this past summer, the entire Maintenance Division of the Golf Course Department, under the direction of Golf Course Superintendent Dan Miller, did a superb job of not only maintaining the White and Blue Courses that were still open for play, but spent many additional overtime hours removing dead pine trees, unsightly "love grass" plants, fairway and tee renovation, as well as irrigating the newly sprigged areas all day on a rotating basis after planting by the contractor and fertilizing the newly planted areas. Dan Miller was not entitled to overtime as an exempt employee but spent many 12 to 14 hour days {including weekends} making sure the City got the best job possible. Mr. Sciortino wanted everybody to know that the City can be very proud of employees like Dan who unselfishly give of their time to keep the operations of the City going and do not expect anything but a kind word in return. 6 #INUTE$ - REGULAR CITY CC~MISSION NEETING BOYNTOH BEACH, FLORIDA NOVEHBER 4, 1992 B. First Annual ~yor's Cup Golf Tournament Charles Frederick, Director of Recreation and Parks, stated that on October 23, 1992, at the Wycliffe Golf Club, the First Annual Mayor's Cup Golf Tournament was held. This was an event which was created by the City of Greenacres and involved all the municipalities in Palm Beach County. Each municipality was invited to enter one team, consisting of employees or active board members. The City of Boynton Beach entered a team, along with fourteen other cities. This team consisted of Scott Blasie, Leon Traylor, Dan Miller, and Charles Frederick. It was a real wet and windy day and there was great competition, but Boynton Beach came out on top. Mr. Frederick presented Mayor Weiner with a crystal Mayor's Cup donated by Mayor's Jewelers. It is a traveling cup which will go to the winning City each year. Therefore, the City of Boynton Beach will have to defend this cup next year. Mayor Weiner thanked all for participating and was very proud to accept the cup on behalf of the City. C, Certificates for Aid to Hurricane Andrew Victims Mayor Weiner presented the following people with certificates of appreciation for outstanding work and dedication in aiding the victims of Hurricane Andrew: Maggie and Bill Gager Gloria Heissenberg Cecily Chianti Betty Verderosa Elizabeth Jenkins The Treasure Chest Learning Center Vice Mayor Lynne Matson Joy Currier The Boynton Beach Police Department Vice Mayor Matson stated that this was a concerted effort and gave a lot of credit to the employees and the community. D, Proclamation - Veterans Day - November 11, 1992 Mayor Weiner read a proclamation declaring November 11, 1992 as Veterans Day in Boynton Beach, Florida. E, City Hall will be closed Wednesday, November 11, 1992, in observation of Veterans Day Mayor Weiner made this announcement. F, Thrash-A-Thon Vice Mayor Matson announced that the first of a number of Thrash-A-Thons the North Boynton Task Force has started will be held on Saturday, November 7, 1992. She invited all to join in cleaning the City. Volunteers will meet in the City Hall parking lot at 7:45 A. M. The Explorers, members of Vice Mayor Matson's #INUTES - REGULAR CITY CC3HI$SION #EETING BOYNTON BEACH, FLORIDA NOVEMBER 4, ~992 Kiwanis group, the Girl Scouts, and the Ridgewood Hills Association will be helping. The second Thrash-A-Thon will be held on Saturday, November 14, 1992. The remainder of the City wilt be done after the holidays. She advised all volunteers to wear gloves and long pants. V, BIDS None. VI, PUBLIC HEARING None. VII, PUBLIC AUDIENCE See verbatim transcript attached. NO ONE ELSE WISHING TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. VIII, DEVELOP#ENT PLANS Alhambra Square South - Consideration of modification to stipulated settlement with regard to property located at the southeast corner of Congress Avenue and Golf Road for an Adult Rental Communl~ vs an Adult Congregate Living Facility This item has been postponed until the November 17, 1992 City Commission meeting. Mr. Cutro advised that some people have inquired about notification. He is not aware of any notification procedures for this type of matter and asked the City Commission if they would like the people within 400 feet of this property notified. City Manager Miller answered in the affirmative. In response to Commissioner Aguila, Mr. Cutro advised that the City bears the expense of notifying the people because this is coming back to the City as a Court Stipulation. He said letters will be sent to the people but ads wi'll not 'be run. This will keep the expense relatively low. IX, LEGAL A, Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No, 092-53 Re: Abolishing distance require- merits between business establishments selling liquor and other uses Attorney Cherof read Proposed Ordinance No. 092-53 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES, BY DELETING SEC. 3-6 AND SEC. MINUTES - REGULAR CITY CC~MISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 4, 1992 3-7, IN THEIR ENTIRETY; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 3 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Motion Commissioner Aguila moved to approve Proposed Ordinance No. 092-53 on second and final reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. 2, Proposed Ordinance No. 092-54 Re: Rezonlng the American Legion from R-2 (Duplex-Residential) to PU (Public Usage) Attorney Cherof read Proposed Ordinance No. 092-54 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING THE AMERICAN LEGION CLUB OF BOYNTON BEACH, INC. PROPERTIES (SE CORNER OF NW 1ST AVENUE AND NW 6TH STREET), FROM R-2 (DUPLEX RESIDENTIAL) TO PU (PUBLIC USAGE); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Attorney Cherof reminded the Commission that there was a condition that there be a restrictive covenant tendered in recordable form with respect to one of the lots on this rezonig. He advised that that document has been received and is in proper form. If approved, that document wilt be recorded. Motion Vice Mayor Matson moved to approve Proposed Ordinance No. 092-54, with recorded covenant, on second and final reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0. B, Ordinances - 15t Reading 1, Proposed Ordinance No, 092-55 Re: Add alternate positions to all advisory boards Attorney Cherof read Proposed Ordinance No. 092-55 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR APPOINTMENT OF ALTERNATE MEMBERS OF CITY BOARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Matson found fault with the ordinance because some boards have only five members and she did not feel they require two alternates. Attorney Cherof advised that this was intended to be a catchall in case of either deaths, resignations, or in the case of boards that have no alternates, to provide for them in a blanket fashion. 9 NINUTES - REGULAR CITY CC~ISSION NEETiNG BOYNTON BEACH, FLORIDA NOVENBER 4, 1992 Commissioner Aguila suggested the boards with seven or more members have two alternates and all others have one. Notion Vice Mayor Matson moved to approve Proposed Ordinance No. 092-55, incorporating Commissioner Aguila's suggestion, on first reading. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 3-1. Commissioner Walshak cast the dissenting vote. C. Resolutions Proposed Resolution No, Rg2-1g7 Re: Acceptance of a Special Warranty ~eed from the Wtllowbrook Homeowners Association con- veying Ne~dows Orlve to the City of Boynton Beach {Postponed at the October 20, 1992 City Commission Meeting) Attorney Cherof read Proposed Resolution No. R92-197 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF A SPECIAL WARRANTY DEED FROM THE WILLOWBROOK HOMEOWNERS ASSOCIATION CONVEYING MEADOWS DRIVE TO THE CITY OF BOYNTON BEACH; A COPY OF SAID DEED BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. This item was postponed until the first meeting in December, 1992. Proposed Resolution No. R92-198 Re: Bond Reduction - Lawrence Groves P.U,O, (East side of Lawrence Road, immediately south of the L-19 Canal) Attorney Cherof read Proposed Resolution No. R92-198 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR LAWRENCE GROVE, PLAT NO. 1, A P.U.D. IN SECTION 7, TOWNSHIP 45, RANGE 43 EAST; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved to approve Proposed Resolution No. R92-198. Vice Mayor Matson seconded the motion. Commissioner Walshak asked if the bond reduction has anything to do with the agreements entered into earlier regarding Miner Road. Mr. Staudinger advised that there is nothing associated with Miner Road on this project. The motion carried 4-0. 3, Proposed Resolution No, R92-199 Re: Supporting affordable housing - Boynton Beach Community Oevelopment Corporation 10 I HINUTES - REGULAR CITY C~HISSION HEETING BOYNTON BEACH, FLORIDA NOVENBER 4, 1992 Attorney Cherof read Proposed Resolution No. R92-199 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE EFFORTS OF THE BOYNTON BEACH COMMUNITY DEVELOPMENT CORPORATION, TO PROVIDE AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME PEOPLE, AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE APPROPRIATE LEGISLATIVE AGENCIES; AND PROVIDING AN EFFECTIVE DATE. City Manager Miller advised that the words "Growth Management" in Section 2 should be deleted because the City does not really have a Growth Management Plan. The City has a Comprehensive Plan, which is all inclusive and contains the housing and future land use elements. This project is consistent with this plan, as well as all local plans and regulations. Hotlon Commissioner Aguila moved toapprove Proposed Resolution No. R92-199 as corrected bY City Manager Miller. Vice Mayor Matson seconded the motion which carried 4-0. Proposed Resolution Ho, R92-200 Re= Authorize executlon of lease agreement between the Ctty of Boynton Beach and the Retired Senior Volunteer Program (RSVP) for the use of office space In City H~ll Attorney Cherof read Proposed Resolution No. R92-200 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RETIRED SENIOR VOLUNTEER PROGRAM (RSVP); A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Morton Vice Mayor Matson moved to approve Proposed Resolution No. R92-200. Commissioner Aguila seconded the motion which carried 4-0. D, Other Reimbursement of legal fees to City Nanager reference Ethlcs complaint - Complaint dismissed by Co~nlsslon on Ethics on October 15, 1992 Attorney Cherof stated that under the Code, the City Manager, in defending the ethics complaint against him, would be entitled to reimbursement for out-of- pocket legal expenses or costs associated with that defense. He explained that ordinarily this would be a matter that would come before the City Commission in the form of an invoice from the City Attorney's Office; however, because both 11 MINUTES - REGULAR CITY CC,v, HISSION MEETING BOYNTON BEACH, FLORIDA HOVEHBER 4, 1992 Vice Mayor Matson and City Manager Miller were parties to that Commission on Ethics complaint, he was only able to represent one of them. Accordingly, City Manager Miller was forced to seek outside counsel. Motion Commissioner Aguila moved to approve reimbursement of the City Manager's legal fees, in the amount of $1,679.51, regarding the ethics complaint. Vice Mayor Matson seconded the motion which carried 4-0. X, OLD BUSINESS A, Naster plan modification to amend a condition regarding the construc- tion of Knuth Road as part of the Tara Oaks PUD,,,,,,,,,,,,,,,,TABLED City Manager Miller advised that this item is to remain on the table. Motion B, Consider request to apply value of work constructed toward outstand- ing surety amount - Lawrence Lakes P,U,D,,,,,,,,,,,,,,,,,,,,,,,TABLED Commissioner Aguila moved to remove this item from the table. Vice Mayor Matson seconded the motion which carried 4-0. City Manager Miller referred to Attorney Cherof's Memorandum No. 92-221, which indicates that Attorney Cherof sees no reason to further delay the processing of the bond reduction request and, therefore, Engineering should confirm the appropriate monetary reduction. He also referred to the October 30, 1992 memorandum from Richard Staudinger, City Engineer, recommending that the $36,000 worth of work be substracted from the total surety obligation of $83,000, leaving the remaining surety obligation of $53,000. Motion Commissioner Aguila moved to approve this request. Commissioner Walshak seconded the motion which carried 4-0. XI, NEW BUSINESS A, Items for discussion requested by Mayor Arltne Welner 1, Boynton Beach Transportation Mayor Weiner reported that she met with the Executive Director of the Metropolitan Planning Organization, John Anderson with the Florida State Department of Transportation, Betty Collins, Chair of the Advisory Board on the Elderly, and Scott Miller to discuss transportation for senior citizens in the City. Mr. Anderson informed her that Federal funds are available for capital purchases; however, the City would have to bear the cost of maintenance and 12 #ZNUTES - REGULAR CITY CC,~INTSS]:ON NEETING BOYNTON BEACH, FLORIDA NOVENBER 4, 1992 operation. Mayor Weiner said the City has the facilities to maintain some buses; however, operation is a problem. She advised that privatization is being considered. She will keep the public informed. Mayor Weiner also advised that the County Department of Transportation has a modified GRID plan that they are trying to sell; however, all their buses go north and south. She will continue to press them into going east and west. In response to a gentleman in the audience, City Manger Miller explained that capital dollars are available for vehicles; however, the biggest cost is for the operation and maintenance of these systems, which is going to have to come from initiation of fares or the City is going to have to subsidize operation through the use of its General Operating Fund. Unfortunately, the City does not have dollars available in the General Operating Fund to subsidize the transportation system. Therefore, he is looking into privatization and business involvement. The gentleman in the audience offered his assistance and asked the Commission to call on him if he can be of any help. 2, Safe Space Mayor Weiner stated that the City put aside $15,000 to aid Hurricane Andrew vic- tims. She would like part of this money to go to the South Dade Victim Center. This Center takes care of abused women and their children and is called Safe Space. The Center is located in Homestead and severe damage to the building was done. It was running at 123% capacity. As the months go on and the stresses become greater, they expect even more of an influx of women and children into their facility. They are clearly in need of help. She met with Mayor Nancy Graham of West Palm Beach and Mayor Judy Pierman of North Palm Beach and decided to adopt the South Dade Victim Center. They plan to reach out to women's clubs in order to get the items this Center needs. The Mayors are going to the Center on November 20, 1992, and in December to bring them needed supplies. #otton Mayor Weiner requested the Commission to donate a $1,000 gift certificate from Publix and a $1,000 gift certificate from K-Mart to the South Dade Victim Center to help the victims of Hurricane Andrew. Vice Mayor Matson so moved. Commissioner Aguila seconded the motion which carried 4-0. Mayor Weiner asked that if anyone would like to go to the Center on November 20, 1992 to let her know. B, Items for discussion b~ Commissioner Agulla 1, Status of Resolution Agreed to b~ Ctt~Commlsslon In ~uly, 1992 Commissioner Aguila stated that on July 21, 1992, the City Attorney was authorized to bring forth a resolution regarding the City Commission receiving direct communication from the Palm Beach County Commissioners regarding pending 13 NINUTE$ - REGULAR CITY CC~INISSION NEETZNG BOYNTON BEACH, FLORIDA NOVE#BER 4, :1992 legal matters and resolutions. He asked the status of that resolution. Attorney Cherof did not know how he missed this resolution and advised it will be on the next agenda. Letter from Dr, Diaz Commissioner Aguil.a referred to Dr. Diaz' letter. Dr. Diaz owns Paz Plaza. Commissioner Aguila made it clear that he wants no consideration given to the elimination of the requirement for dumpster gates in development projects in the City. 3, Resolution to County Commission Commissioner Aguila requested a resolution be sent to the new County Commission allowing the City to opt in on resolutions and ordinances and not have to go through the time and expense of opting out. Attorney Cherof advised that this cannot be done in a general catchall type of ordinance. He said not all County action applies to the City. He was not aware of any provision which allows the City to generally opt out of those categories that apply to the City. They must be addressed on a case by case basis. The reason for this is that the present Commission cannot buy next year's Commission about whether to opt in or opt out. He suggested developing a better method of tracking what is occurring there and on a case by case basis, if applicable, opt in or opt out. City Manager Miller advised that when the agendas come in, he and Laura Widmer review them and notify the department heads of items of general interest. Moreover, the City Manager's Office receives copies of the County proposed ordi- nances and relative information from Bob Krauss' Office. The City Manager's Office forwards them to the applicable departments. City Manager Miller said he also brings them to the City Commission if they require City Commission action. B, Nunlclpal League Report Commissioner Aguila said at the last meeting in Boca Raton, the Countywide Intergovernmental Coorindation Task Force Members were selected. The results were as follows: County Commission - Carol Roberts and Mary McCarty Water Management District - Ken Adams Special District School Board Large Cities Medium Cities Small Cities Municipal League - Bill Winters - Bill Graham - Ed Harmening - Karen Golonka - Milton English - Bob McDonald Sam Ferreri of Greenacres is the alternate member to any member who cannot attend. 14 MINUTES - REGULAR CITY CC~IHISSION MEETING BOYNTON BEACH, FLORIDA NOVENBER 4, 1992 Chris Cutro advised that the League also called the Planners Cor~nittee into session about two weeks ago. There has been a request that he continue to serve to assist this Committee in any activities that take place. The first meeting is scheduled for November 23, 1992. Commissioner Aguila asked if Mr. Cutro will not be involved once the new board members have some direction. Mr. Cutro was not certain of this. He said the Board has to define what assistance it needs from the planners. The question then becomes how much assistance is needed. If the guides that have been given out already are followed, it should not be that much work. City Manager Miller said he will discuss this with Mr. Cutro. Commissioner Aguila advised that there has been a lot of discussion regarding relocation of the Coastal Construction Control Line. Even though Boynton Beach is not terribly impacted, its tax base may be impacted if a lot of these homes on the waterfront get moved. The coastal communities have requested all munici- palities, including those not along the coast, to send a resolution of support, particularly questioning the model used to establish where that coastal control line should be, and acknowledging that the model is very faulty. Notlon Commissioner Aguila requested the Commission to send a resolution to the State in support of further study of this model before implementing this revised coastal construction line on the coastal communities. Mayor Weiner passed the gavel and so moved. Vice Mayor Matson seconded the motion which carried 4-0. Commissioner Aguila asked Attorney Cherof if the municipalities will have to abide by the ethics ordinance once it is past by the County. He said the attor- ney for the Municipal League suggested that if the City of Boynton Beach had an ordinance saying that it follows the ethics as established by Florida Statutes, the City of Boynton Beach would be exempt from having to abide by the County's. Attorney Cherof said he would have to know more about that particular ordinance. He advised that in general terms it sounds all right; however, it may not be applicable in this case. It also depends in large part on the State Statute whether that would pre-empt anything done by the County. Consenu$ It was the consensus of the City Commission to direct Attorney Cherof to research this matter further and report back to the City Commission. Commissioner Aguila informed the City Commission that he was again renominated for the Treasure Coast Regional Planning Council. In addition, he is a member of the County Urban Form Study Design Task Force. XIII, OTHER None. 15 MINUTES - REGULAR CITY CC:~IMI$$ION MEETING BOYNTON BEACH, FLORIDA NOVENBER 4, 1992 XIV, ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:58 P. M. THE CITY OF BOYNTON BEACH ATTEST: 'City,Clerk (Three Tapes) Vice Mayor CommissiI~T ommi ss i oner Commi s s i one r 16 VERBATIM EXCERPT OF CITY COMMISSION MEETING OF NOVEMBER 4, 1992 AS REQUESTED BY COMMISSIONER ROBERT WALSI'IAK Weiner: O1 brych: Weiner: Miller: Weiner: O1 b rych: Weiner: Pilgrim: Public Audience. Anyone who wishes to speak on an item not on the agenda, please come forward. Please give your name and address to our secretary. Uh, my name is Dick Olbrych. I live at 1076 Seagrate Drive, Melbourne, Florida. App[oximately three years ago I was a Building Department employee for the City of Boynton for seven years. In the last two months, I have been harangued by telephone calls. I've made the trip down here just to make this presen- tation and I'm leaving. That's why I want to get up first. Reporters have called me regarding a particular department head in this City. Individuals have called me regarding the particular department head. As Council members, would you wake up? Get after your administrator and get something going here. It's, what you got isn't right. I was asked about a year ago to come down and speak to your City Manager. I made the trip. It's about two and one-half hours. He wasn't available when I got here. He made the appointment. You got a problem here and, and I, it's, and I get.the newspaper articles. They're sent to me. I, I don't know what, what are you doing? This man's making at least a thousand dollars a week. What's he doing for you? Thank you. Thank you very much. Yes, ma'am. I appreciate your, your coming down all this way. I'm sorry that you came once before and, and the appointment wasn't kept. The appointment was kept with the Assistant City Manager. Oh, I see. Well, I'm, I'm really sorry but, I, I'm grateful you took the time and effort to come down. Thank you. You need to be aware of what's going on. Well, we do have a problem, that's for sure. Yes, ma'am. Hi. My name is Jeanne Pilgrim and I live at 25 Fawkland Circle in Boynton Beach. I really wasn't planning to speak tonight. I started thinking about it in the car driving down and this gentle- man who just spoke before me made me get out of my seat. Um, the first thing I'd like to say is that I live in the District that Vice Mayor Matson represents. Ms. Matson was voted in overwhelmingly. She has served her constituents like no other Commissioner I have ever seen. She is a voice of the people. If you have a problem, and I haven't had to call Ms. Matson, but if I did years ago, I ~ould have. I haven't needed to call her. She was elected because she can't be bought by anyone and I think that that's why she is being persecuted today. I have two objections. One, this is an' elected official and you're hurting her consti- tuents by putting innuendos in newspapers without a full story. I think her District deserves a big explanation and, as a taxpayer, I would like to say that our money is being wasted. You know, last night, the American people spoke out about dirty politics, - I - Matson: Pilgrim: Weiner: but that was in campaigning. How about when they're in office? I think it's worse. She is in office and if people want to make charges, let them make their charges as private citizens unless they have something to truly put in black in white to prove. It is very nasty and Mr. Miller, I would like to make a statement to you. Yes, you do, and the Commissioners, excuse me. You do have a problem in this City and it doesn't end in any one department. I, myself right now, are undergo, undergoing a huge problem in another department. I am trying to do it methodically, the legal way, but if I can't, I will do it whatever way I can, but I am trying to be a person about it. But when you call the City Manager, I do think you deserve the respect to speak to him, not just for a minute and when you call the Assistant City Manager and she makes a commitment to you and then you come to City Hall and she is not available to fulfill that commitment, I have a problem with that too, and I'm only speaking right now about your Police Department, that yes, I think there's a problem there. I'm not, I'm sure it's not all the Officers. Unfortunately, I haven't been privy to the Officers that can help me, but I know right now, if a robber broke into my house, I would not call the City of Boynton Beach Police. Okay? I really hope that Mr. Miller will look into his department a little more carefully. Maybe we need less meetings and less workshops and more time within these departments and talking to citizens who have come in counter with the problems. But also on the behalf of Ms. Matson, I think you owe her District a large explanation and her, a big apology. Thank you. Ms. Pilgrim, thank you but I don't know if you're aware of the fact that those trumped-up charges that were dismissed were also filed against the City Manager. You know, so the problem is a little more pervasive than... Well, I think then maybe the City Attorney should enlighten the citizens as to what is allowed and what isn't on elected offi- cials. I was, always under the impression, maybe I'm wrong, that you have to have fairly good con, concrete proof before we have to go and spend nine, ten, eleven, twelve whatever it might range, thousands of dollars of our money. You know, we, we don't have Fourth of July fireworks any more because we don't have the money. So, to spend it on unnecessary legal fees causes me concern. Thank you. Thank you, Ms. Pilgrim. AT THIS POINT MR. FINK SPOKE ABOUT TRANSPORTATION NEEDS IN THE CITY OF BOYNTON BEACH. Weiner: Culver: Is there anyone else who wishes to speak at Public Audience? Yes, sir. My name is George Culver and I own the Two Georges marina. I've been in business in Boynton Beach for over thirty-five years. I've had over these thirty-five years improved my property, paid thousands of dollars in taxes, employed hundreds of people. In -2- Weiner: Miller: Matson: Miller: Weiner: Aguila: Weiner: Culver: Weiner: Mrotek: September of 19 one, 91, I went to the City of Boynton Beach and applied for permits to rebuild my restaurant. My main intention was to renovate my building to comply with recently-enacted area Codes. I was notified that the permit was ready to be picked up and began demolishing Of my toilet rooms. I was red tagged by the Building Department. I met with two members of the City who con- ducted an inspection. The following day, nine inspectors came to my facility to inspect my restaurant. How can this Commission continue to hurt the business community? Why does this Commission allow Mr. Jaeger to set City policy? What message do we need to send to you before you hear us? Mr. Jaeger has cost me $50,000 in delaying our project and red tagging our project and harrassing our project. Keep business here in Boynton Beach. We elected you to run our City, not your department heads. Mr. Miller, nine inspectors went down in one day to Two Georges? This was all part of the ethics complaint that was filed against myself and Ms. Matson, that is all and I'm not talking about it pretty much, well, I'm not gonna talk about it either. I mean the file was pretty thick and certainly open, you know, to public review. Most of the reporters and some of the individuals I've let come in and looked at it, but it's fairly well outlined in there, the whole story from beginning to end. Well, Mr. Culver, you seem to have gotten in the middle of a, of a mess. Not of his doing. Yeah, not of our doing. I, I, I'm very sorry. I don't know how to apologize but it certainly was not of our doing and, and, I don't know how to make it good to you. There's just no way I can. You know, this City, Boynton Beach like I had to have... they came down and checked my electric and red tagged my electric and if it wasn't improved in thirty days, they would shut my busi- ness down and so, when I went to get a contractor, I wanted the contractor to do the work, he told me right out, he said, hey listen, I'm gonna charge you $2,000 extra to do work, to do work in Boynton Beach cause all I do is get a hard time from the Building Department. I'm sorry to hear that Mr. Culver. Is there anybody else who wishes to be heard on Public Audience? Yes, sir. My name's Mike Mrotek, 2624 Lake Drive North, City of Boynton Beach. For the record, I'd like to submit what I'm gonna say to the secretary. It will make it a lot easier on her and it will provide an accurate record of what I say. So at this time, I'd like to present her with a copy of my speech. -3- Mrotek: First of all, good evening Madam Mayor, Commissioners, staff and fellow citizens. Two weeks ago, at the last regular City Commission meeting, our Mayor publicly asked the question, how do we deal with this? This is appalling. This was directly referenced by George Culver, was also referenced by the City Manager just shortly before. Our Mayor's question referenced the public concern for the conduct of the Building Official of this City. The appalling part of the Building Official's conduct was made public that night by our, by our Vice Mayor Lynne Matson. The Vice Mayor told of extreme stress placed on her because of the Building Official had charged her of violating her public trust before the Commission on Ethics of the State of Florida. All public officials and employees are under the scrutiny of the Commission of Ethics. The Attorney General completely cleared the Vice Mayor and found no fault in her conduct. To make a unfounded charge, that was appalling, Madame Mayor, but, the outrageous part of the Building Official's conduct is a matter of public record and has been for some time. A Cinderella nightmare. A Building Plans Inspector transformed Building Official through the public, through the political games of men and mice and you know darn well they're being played everyday. It may be an old fairy tale, but it is haunting us tonight. By and through his figurative god- father and political influence with the Gene Moore government, a special Commission meeting was called hastily by Moore. Why a meeting was called while two Commissioners and the City Manager were known to be out of town late on Friday afternoon on May 26, 89 is evident by public record. The meeting was called for the appointment of a Building Official. To make sure the golden slipper fit, truth and fantasies were stirred into the record as justification. Even with stretching the imagination and bending the rules, this excuse of a meeting broke provisions of the City Charter and Civil Service. This abuse of government should have never been allowed or tolerated and has gone unchallenged to this day. The shoe don't fit. Had this injustice been dealt with pro- perly, the appalling conduct Madame Mayor, would have not hap- pened. The incidents of outrageous conduct on public record continues. January, 90, use of position to support political can- didate. A violation of Florida Statute and the Civil Service. June 90, June 90, use of position to change documents, misuse of office, violation of Florida Statute. February, 92, misappropriations of City services and goods, theft, violation of Florida Statute and the Civil Service. For the past three years, the Building Department employees have worked under the weight of the Building Official. Complaints and information have been slowly forthcoming, but most people fear for their jobs and in these hard economic times and remain silent. Now, there's a few people that were supposed to be here tonight that are not here tonight and I was informed that they're not here tonight because they've been quietly suggested by their superiors that it would not behoove them to stand up and speak. Madame Mayor's been asking for letters from the, her constituents including the City employees to let her know what's going on and I doubt whether she's gonna get any because there's no immunity. Others have transferred or resigned from serving the citizens of this -4 - Wei ner: Mrotek: Weiner: City. This discrimination of employees violates Civil Service forbidding antognostic, antagonistic treatment of employees. For anybody's reference, I brought some Civil Service handbooks with me. All the employees have signed for one and in case the public would like to know what their public servants work under, I have them available. The public trust in that they will receive fair and impartial government has been broken by the Building Official. The well-known stress caused daily is costing us all as taxpayers. The rotten apple must be removed from the barrel or we'll not have any good apples. The flagrant disregard for the compliance to the rules and regulations and Civil Service by the Building Official and the administration is a direct act of discrimination against the 780 City employees. All these people have and are complying to the rules and regulations and Civil Service. There should be no exceptions, but there have been. We all know it. This type of conduct is not tolerated in our workplace, companies and cor- porations. It will not be tolerated in this municipal corporation either. As our elected representatives, I bring this before you, Madam Mayor and City Commissioners as this is City business and move this action be placed on a City agenda to be addressed and dealt with according to the provisions of the City Charter and the rules and regulations in Civil Service, that conduct against Florida Statute is directed to the proper authority. For some reason, we feel that somebody can excuse a felony. It stands alone. Some people may smirk, drop their heads, or whatever, but that's a fact. It may get away with it here in this Chamber, but in front of a judge, he will rule. Now, to paraphrase a short Texan, excuses are not accepted, the rules do apply. The direc- tion is outlined, recourse is defined and action is called for. We need your support from both the citizens and the rest of the employees of the City of Boynton Beach. I thank you. Thank you, Mr. Mrotek. As you referred to, I have asked for directions, I have asked for help from the citizens and you are right, I have not gotten it. I have asked for letters from citi- zens who are deeply offended by the misplacement and misuse of their tax, taxpayers' money to defend charges that were, had no cause at all, that were dismissed in a minute. I have asked the City Attorney to look at this matter and see if the City has any recourse against an employee who does such a thing. I have not received that advice from this City Attorney. Probably we do not have as elected officials any recourse. We operate under City Commission/City Manager form of government. The City Manager is very mindful of what he is prohibited and what he is permitted to do. I have full faith in our City Manager. We are stuck here. I don't know any other way to put it. We are stuck here with an employee who by all the stories that you hear, has not done our City much good at all. I don't see, right now, any way to get rid of this employee. There doesn't seem to be any way to get rid of this employee. May I suggest, Madam Mayor Yeah, you can make any suggestion you want. I'd be very happy to listen to it. -5- Mrotek: Wei ner: Mrotek: Weiner: Mrotek: Weiner: Walshak: Mrotek: Walshak: I, I appreciate that. Thank you very much. I'm a neophyte. I'm not a politician. I'm just Joe Blow. I can read the book. The City Charter provides for the Commission to sit to instruct the City Manager and to be referred to by the City Attorney in legal matters. Now, you're the legislative branch as our public repre- sentatives and the City Manager has the duty to respect and respond to your orders, flat and simple. It doesn't give any excuses in this Charter. Now, the City Manager, under Civil Service, and the book says so I don't. I'm only quoting public record. This is not my opinion and it says the City Manager shall be responsible to the City Council for the administration of the Personnel Department, personnel system subject to these rules, appoint, promote, transfer or remove, demote, suspend or discipline all department heads, officers and employees, subject to the provisions of these rules. Now the guy's broke the rules left and right of the Civil Service book. The rest of the 780 employees gotta behave themselves and this guy is running around and so what. Now, who's running interference for him? Not me. Absolutely not, Madame. It must be someone under you. Let's stand up and be counted. Let's be recognized. I've gone around with this gentleman, it's no secret, for three years. I'm still being a civil person about it, but there's too doggone much poli- ticking going on in City government. We elect you to get in here to serve us and then you all get on each other about who's gonna do what. I know... Well, So, therefore, all you have to do is make a directive, say, Mr. Miller, will you kindly suspend, demote, remove, transfer. In fact, as the City Commission, you have the right to demolish a job or a position. That's in the Statute too, excuse me, in the Charter. Now it's pretty bad when I have to stand up here and tell you people, who I have to respect, what to do. That's not my position whatsoever. If that was the case why have a represen- tative, why don't I just come down here everyday and do the job. I can't. I have to make a living, so you're all nice enough to volunteer and say please elect me and we did. Now we'd like you to do what we elected you to do; run our government and give us a straightforward, decent government. Thank you. Thank you, Mr. Mrotek. I'd like to ask Mr. Mrotek a question, Mayor. Yes sir. Something you said a little while ago. I have a ref, you referenced a felony and you suggested that this Commission would probably look away from someone who committed a felony. Well, that wasn't your intent was it? -6- Mrotek: Walshak: Mrotek: Walshak: Mrotek: Walshak: Mrotek: Walshak: Mrotek: Walshak: Mrotek: Walshak: Mrotek: Walshak: Mrotek: My intent was that a felony as interpreted by the Florida Statute was committed. It was public knowledge. You may not have read it Mr. Walshak or may have known of it, so therefore you may not be a party to it, but most of the Whoa, whoa, whoa. May not have been a party to it. party to any felony. I'm not a Okay, and I would suggest Yes sir. if you have, if you have accusations of felonies, that you go to the State's Attorney's Office. I have done so sir. Or lodge your complaint with the appropriate Police I have done so. forces The Police Department here was very... I'm gonna tell you, Mr. Mrotek, I take, I take a little bit of exception to you standing there in public audience and saying that I or any member of this Commission would overlook the commission of a felony. It's a damn lie, okay... I accept and I want you to know that. I accept your statement sir. Let me rebut. The fact that the Building Official diverted funds, goods or the use of, of public service to his own benefit was in the newspaper. It also was covered by the City Manager's Office in Memo 92-31C where he received his reprimand. It also was covered by the Grievance Committee of March 20, 1992 where they upheld the City Manager's decision. Now, when $1,700 of the taxpayers' money is diverted for someone else's personal use and I'm sure the 780 other employees wouldn't get away with it, and that constitutes a felony as described under Florida Statute, I do not make any as, assump- tions sir. None whatsoever and I do not assume that the Commission overlooked it, turned their head. We'll just let the facts stand as they are. I am only quoting public record, sir. I am not saying that you were a party before or after the fact. I am saying the public record says, and the people of this City can just make a decision from there. All I'm trying to do is bring it forward, paint the picture so that you all have exactly a complete knowledge of what's taking place so that justice can be done. So, -7- Wal shak: Mrotek: Cherof: Weiner: Miller: Mrotek: Miller: Voice: Miller: Mrotek: Miller: Mrotek: Miller: therefore, sir, if I offended you, I apologize. I have no inten- tion of offending anybody. I'm had the intention of having you all read me, understand what I'm saying and kindly act on it. Thank you. You're welcome, sir. Mayor Mr. Cherof, uh, Scott, did you want to say... No, I just wanted to respond very briefly reference this felony. In all due respect, Mr. Mrotek, that is your interpretation of, hear me out okay. That is your interpretation of the felony. I don't see that being a felony. Second all, what you say is not an easy task to do. All employees have a right, including Mr. Jaeger and you and I have talked about that before. And you and I talked about employee due rights, and employee due process, and indivi- duals coming up and just, you know, making random statements, pulling things out, innuendo, what they've heard, is not justi- fiable cause and you and I have talked about that too. So I just want to point out for the record that you and I have talked many times on this. I understand what you're saying; however, you just don't target somebody and say he's out because we don't like what he's doing. The individual has rights. Yes sir. I agree with that 100% and what I'm really bringing for- ward is the rights of the 780 people that don't get to get a two- day paid vacation for, for misappropriating $1,700. $1,700 was your figure, not mine. The $1,700 was not a misappropriation of funds. What was it? An individual did a paper. That paper was for his use as well as good use for the City to utilize as far as affordable housing. We are involved with ford, affordable housing in this City. So there was a dual purpose involved there. It's just not the fact that $1,700 was grabbed out of the sky or $1,700 was diverted for an individual to do something. Now, he was reprimanded. It is not my fault that the Florida Federal Labor Standards Act, the FLSA says, under law that employees were exempt on salaried employees cannot be suspended without pay. ThatIs correct, sir. Okay, so I can't take a rap on that one. I understand where you can't take the rap on a two-day paid vaca- tion because Federal law requires you to pay him while you suspend him. Salaried employee -8- Mrotek: Agui la: Wei net: Aguila: Matson: Aguila: Matson: Aguila: Matson: Salaried employee, that's correct sir. Mayor Mr. Mrotek, we are stuck on the horns of a dilemna here. I, I certainly hope someday we'll be able to get ourselves out of it, but in the meantime we are, we are stuck on it. Commissioner Aguila. Yeah, Madam Mayor. Often I've heard these bits and pieces of stories of somebody said, and somebody did and I go to Scott Miller is whom I have to go through in order to find out what hap- pens in the various departments according to our Charter and I say, what about this? Why isn't that enough of an infraction so that we can take the action that we've indicated time and time again we want taken, and each individual action in itself either there's not enough substantiation that you can, that you can defend in court because that's where we'll end up defending this and then I wonder, if, if, if there's one story that you can't prove and then there's another story that you can't prove, and then there's another story but all of a sudden you have ten stories. You know, just by sheer volume, there's got to be something there. There's an awful lot of misunderstanding and mistatements and so and so said and innuendos and frankly, I feel very much the same way as most of you here, but I, I concur with the City Manager only in the fact that we have to be able to defend our action and not end up spending more money of the tax- payers'', more of the taxpayers' money. Maybe what we can do is try and organize what we do know, try and look at it afresh and reevaluate whether we may have overlooked an opportunity that's allowed to us by Charter or by a State Statute or anything else and provide some sort of a public report to the citizenry because maybe at each time that an issue has been brought up, it's been vague at that point, but now there seems to be quite a number of these that maybe we ought to put them together again and look at them one more time. I don't like the way this gentleman got into office. I don't like the fact that I'm seemingly stuck with less rights than he has and I don't want to overlook any possibility of rectifying that wrong so I'm suggesting that we look at this again even the one, that happened a year or two ago that we don't seem to be looking at right now because they're not current. It's, you know, it's all, all said and done, but the bottom line is the employees are not gonna come forward... Yeah, I know that And I can't blame them... I know that Because they've seen how employees are treated when they do come forward. I've gotten three phone calls since the last Commission meeting citing harrassment that is still being perpetuated upon -9- Walshak: Matson: Mrotek: Matson: Mrotek: Matson: Mrotek: Matson: Mrotek: Matson: Mrotek: Weiner: Mrotek: Miller: superiors underneath the Building Official and they will not come forward because they don't trust the administration, and I can't blame them. When I see what happened to Betty McMinimen, when I see what happened to Courtney Morgan, the Other gentleman that was here tonight I don't see him... He left I can't blame them. I can't blame them for not coming forward because nothing gets done, you know, and it's really a sorry state of affairs. But our hands are tied. Our Charter specifies who the administrator is and who the legislator is and we cannot make an administrative judgment. I absolutely agree We can't, you know I absolutely agree We can't. That's, that's standard. It's not up to, it's not up to us to order a Civil Service investigation. We can't order a, an investigation of the Building Department. You know, I don't know what to, I don't know Well then maybe it's Our hands are tied. I guess the citizens of this City are gonna have to take things into their own hands and get somebody up there that'll do it. Great example, Scott probably needs a vacation. Give him thirty days off with pay. I will work twelve hours a day, seven days a week for free as a City Manager. I know that's a joke, but I betcha I straighten it out in two weeks and don't get sued. Thank you Mr. Mrotek. You' re quite welcome. Again, in response to several items that were brought up. Some of the individuals that have spoken tonight have come into my office and have detailed concerns with this director. Those concerns were looked into by my office and I found no substantial evidence of any of it. So I did not proceed. The bottom line was, there was nothing there. So I have done that. People just can't come in and say well I don't like the individual because he's made a decision or a decision that maybe he felt was right. Again, I'm gonna refer to the fact that this individual has rights. We check out the stories that come in. We check them out the best we can. Sometimes they're right to the first half, but you gotta remember that every coin has two sides and each side has to be looked at before a final decision is rendered. - 10- Weiner: Matson: Weiner: Marcus: Weiner: Marcus: Hillery: Aguila: Hillery: Weiner: Thank you. Well the employees won't come forward unless they're deposed and, you know, that's what the bottom line is. They won't come forward unless they're sworn in and made to come forward. Mr. Marcus. My name is Harry Marcus. I live at 650 Horizons East, Boynton Beach. I'm not here to discuss the pros and cons, but rather the method upon which this dissertation is taking place. This is sup- posed to be a public audience and I look at this particular chart and it says we're limited to three minutes. On the other hand... Mr. Marcus, you know I don't do that. Well, one minute now. I'm just coming to something now, please ma'am. I (inaudible) I'm a stickler for an agenda. I'm a stickler for the Robert's Rules of Order and I'm also a stickler for the decorum and any person who sitting on that particular bench would act in such manner that no, there'd be no impuning of guilt or innocence on the part of any action until all of these facts are determined, they are studied, rather than all of this ex-party thing going on for close to a half hour. Now, I don't know whether you're right or whether you're wrong. This, something like this, if you think it's that important should have been put on the agenda. Let that person to whom these charges are now being directed, let him be represented by whatever necessary means, counsel or anything. These are all ex-party, one-sided charges and I think it's wrong for you people to allow all of these things to be exposed at this particular time without nobody, no evi, no defense. I recall the last time this happened, Mrs. Mayor, I was rather surprised. Now I'm not too concerned as to what happened with you because the thing was dismissed. I was very happy on that score, but you, Mayor Weiner, you castigated this man and I tell you, I was concerned after you were going along and then you waved this garbage and then you said on end, why I haven't read this stuff yet. How can you Call something garbage, it may be garbage, without you even reading it. That's the reason I say all of this is out of order. It should be placed in its proper context so everybody can have the right to say what they are. Thank you very much. Number one, my dog's not in this fight at all, all right. But I have just heard from the dais that we can't investigate this, we can't investigate that. Well, I just went through about three months of hell, all right, with an investigation that was prompted by the City Commission, if I'm not mistaken. Good point. And Good point. - 11- Hillery: Weiner: Hillery: Weiner: Hillery: Matson: Hillery: Weiner: Aguila: Weiner: Hillery: Matson: Hillery: Weiner: Hillery: Matson: Hillery: Weiner: Aguila: Weiner: Hi 11 ery: Weiner: Hillery: Weiner: I don't want to feel that I'm being discriminated against because I'm sure that's not your intent. By me I mean... Your department my department and the guys that went through Murphy and Mayo, okay. Good point. And I'm sure there's a Murphy and Mayo type person out there that can come in here and, and, and do the job somebody needs. I, I just get a little upset that, I'm sorry I agree with you I'm, I get a little emotional. Good point. No, it's a great point. Good point. But my guys go through this I agree with you. and for some reason or other, are we the whipping boys of this City No and the co~.~unity? No, we are No, I don't think so. You didn't get whipped, we did. You know, Chief,' I think that you have given us That's a great point. A great idea. Yes, I think you have given us a, an answer and I'm very grateful to you. Like I said, I don't care one way or the other except someone men- tioned a felony and I'd like to hear about it... Yes. And that's all. You've given us a, an answer. I have been sitting with the City Manager and people who are, people who do employee consultant, - 12 - Hillery: Wei ner: Aguila: Cherof: Weiner: people who are employee consultants. I'm sorry, I don't even know the vocabulary, but people who are management consultants. M & M fighters Yes, whatever that is. And trying to get a handle on another way to deal with what we all perceive as an employee problem. I think that you have given us a new approach. You are quite right, of course you were not singled out and neither was your department singled out and of course things should be done. If we do it to one department, we can do it to another. I think you have the beginning of ananswer here. I guess what I am going to do is ask the Commission to ask the City Manager to, to, to come back to us with some means of investigating the various charges that have been brought before us and the ethics charge that was brought be, brought against the Vice Mayor and the City Manager in the context of working out some kind of management/employee procedure to investigate what is going on in the Building Department. I'm going to ask the City Commission to give that direction to the City Manager. I'll be happy to make that in the form of a motion. Mayor, can I ask that you change that just a little bit because I think you have the potential here of sending the City Manager out on a limb that he is not permitted to climb too far out on and at the same time, taking the Commission out on a limb that they may not be permitted to climb too far out on. The powers of this Commission and the power of the City Manager are clearly defined in the Charter of the City and amplified by many of the Ordinances of the City. Nobody has said the word tonight with respect to the Civil Service Board which also has powers that touch upon some of these areas that you have concern. With all due respect to the Police Chief, I think there is a clear distinction between what the City did with respect to a general allegation about harrassment or bias or prejudice not simply within the Police Department, perhaps, but even City-wide and the specific incident that many of the people in the audience have come up tonight to speak about which deals specifically with one employee. The City Manager pointed out before and one of the speakers acknowledged it, the employees of the City, whether people like them or do not like them, or feel that they have justified claims against them or not, or unjustified claims, have rights under the Civil Service system and I think that if you're going to direct the City Manager to do something, that you should direct me to do it at the same time so that those procedures that protect the employee as well as protect the City and the citizens are followed to the maximum extent possible. Well then I'm going to amend my request to the City Commission, to direct the City Manager and the City Attorney to get together and come back with a mechanism. I guess that's what we're talking about here, a mechanism to try to bring this problem to a head. - 13 - Cherof: Weiner: Aguila: Weiner: Aguila: Weiner: Matson: Weiner: Walshak: Weiner: Cherof: Walshak: Weiner: Voices: Weiner: Jenkins: I see that really, if I may comment on that, is that being an administrative problem unless it's an administrator that cannot be cured it under today's Charter or Codes in which case it may become a legislative matter for you or for that matter, for the citizens on a, on a referendum type of issue, but I think that working with the City Manager, we can bring back to you what the possibilities are for this type of specific incident or this type of general behavior if it exists out there in any department and make some recommendations with respect to how to deal with it both administratively and, if necessary, legislatively. Okay, that is my direction to I will make that that is my request to the City Commission. Okay, I, I've heard that, I, I will gladly make that in the form of a motion. Do I have a second. Second. I have a motion and a second. Is there any further discussion? Yes, ma'am. I'd like, I'd like the motion read back so that I can totally understand verbatim what we're suggesting here. Mr. Cherof, I'm going to ask you please to put what you said in the form of a motion. I think what your motion would be would be to direct the City Manager and the City Attorney to report back to you what admi- nistrative and legislative remedies are available to deal with the types of allegations that have been raised with respect to either mismanagement, inappropriate supervision or a, or a harrassment of some type of nature. Thank you, Madam Mayor. I'm clear. We have a motion and a second. Any further discussion? All in favor signify by saying aye. Any opposed? Motion carries 4-0. Chief, I thank you. you've been helpful. Mrs. Jenkins. I think My name's Elizabeth Jenkins and I reside at 711NW 1st Street, Boynton Beach. I want to clarify something. Maybe I don't understand, but the City Manager said that a person have rights. I understand that, yes, we all have rights, but I want you to clarify something, Mr. Miller, for me. What about the rights of - 14 - Miller: Jenkins: Miller: Jenkins: Miller: Jenkins: somebody that do you wrong and the wrong has been wronged. Who's gonna, who's gonna clear those. Now these 780 peoples is suf- fering under the conditions of what has happened. Where are their rights? What can they do? The people need their jobs and here somebody rips a job. Their harrassing somebody else's job and these people can lose their job, their homes, their children hungry. They're out in the streets. I think, I think you really need to look into that because this kinda gets to me. If I'm in position, why, why do I have to harrass, harrass under me? I mean sure, we have rights, but those 780 people that how many there are that's out there, that's about to go under Inaudible word that's up, I, I, I want to understand this because... Okay, in, in response, it's not 700 and some people. The Building Department consists of about twenty-nine individuals. Well, okay, whatever. twenty-nine or thirty individuals, okay. The 750 employees include the Utilities, Police, Fire, Golf Course and all that. They, there's very little, if any, interaction. When I'm basi- cally talking about employee rights is if you have a complaint against somebody, it needs to be, it needs to be written down. It needs to be, you need to come in and state that to me, put it in writing because that individual employee has a right to see what the, what he is or she is being accused of. I mean, I've got a lot of people that come up and they say I've got a complaint about how I was treated, okay. I'll bring out a pad of paper and start taking notes. Oh I don't want, I just want to tell you about it and I would like you to do something about it. Well, what happens when I need that individual to testify on behalf of the City on behalf of my presentation before Civil Service Board or a court, they're no where to be found. Or, no I don't necessarily recall it that way, or I'm not really too sure what I said. I go through that all the time. Every time I go for grievance arbitration. I've got employees that forgot the details. A matter of fact, unless I get it in writing, I don't have anything substantial. That's what I'm talking about. Now I have, I have received complaints in writing from several individuals. They have been checked out. Certain instances disciplinary action has Deen handed down. Those have been correct. However, I've had a lot of times where people have come in and filed complaints about individuals, verbal complaints either in person or on the phone and I'll follow it up by letter, not just this, to any employee and I need something, I need something in writing because these, you know, an individual that has been, that has been accused, has to know who's made that, that complaint against him. I need, I, I mean, that really needs to be cleared up because the top is ruining the bottom. It's just the bottom line. The people that's doing all this stuff, they're, they are the uppers. They - 15- Miller: Jenkins: Miller: Jenkins: Miller: Jenkins: Miller: Jenkins: Miller: Jenkins: Weiner: Jenkins: Weiner: Morgan: have backers. Those poor people out there, they couldn't even, afford, afford a lawyer if they needed one. I'm not saying an attorney... And I, you know I'm just saying that when a person comes in... the language I just didn't No I just didn't really get No, all I'm, all I'm saying is when a person complains about an individual and wants something done about it, I mean, disciplinary acts or something, I need that down in writing because I'm gonna have to call on that individual as a witness and if It's just that I didn't and, and a lot of times, people do not put anything in writing. A lot of times, people will come in immediately after they've been either denied something, whatever it may be, and come in and complain. I get calls a lot of times from people who get, get tickets by the Boynton Beach Police. They shouldn't have gotten a ticket. Were you speeding? Well, I was going over the speed limit. Well, then you should, you should have gotten a ticket. A person gets denied a permit, they're upset, they come to the City Manager's Office... This is always, different situation... That happens too. Mr. Miller because this have been going on and I, I know the City knows it's going on, and I think it really needs to be looked into. We're gonna, we're gonna try to do something about it, Mrs. Jenkins. Yes sir. I'm Courtney Morgan. I'm a City employee and ex-member of the Building Department. Mr. Miller and Mr. Cherof was pretty much aware of a situation with myself where Mr. Jaeger requested that his secretary contact my ex-employee before coming to the City three years after the fact and he put some defamating information in my files which just wasn't true and there was no action taken other than mismanagement and I think if someone puts something in your personnel files without your knowledge, I think there should be more action taken than a slap on the hand. After sitting here listening to everything that's going on, I think that somebody needs to act on this before this whole City goes awry. I mean one of the, the departments that would generate a lot of revenue for - 16- Weiner: Morgan: Miller: Morgan: Miller: Mo rgan: Miller: Morgan: Weiner: Bee: this City is dwindling. It's like a, a gash on, on a major artery. Somebody's got to stop the bleeding. You got employees leaving left, right and center. Somebody's got to do something. You got this gentleman putting false information in personnel file, contacting ex-employees' employer and getting information about him after the fact, three years after the fact almost. I think something more should be done than, than, well, you know, Don, you really can't do this. You know, that's really not nice of you. That's all I have... We're gonna see what we can do Mr .... and I have the letter. This is the letter that was typed up by his secretary, January 5, 1990 and I think there's a copy in the City Manager's Office also, maybe the City Attorney's files. I went up to the City Manager's Office the other day to look for it and I didn't find a copy of it. I went in Personnel files and I didn't find a copy of it. I asked Carrier Parker about it. She said, well if it's not there what can I say. Copy of it, copy of what? The letter that Mr. Jaeger prompted his secretary to type up and enter in my personnel The personnel files are under the custody of the Personnel Director. Well, somebody needs to find that letter because I, I requested it because my attorney is supposed to be looking in on it and other agency and nobody knew where it was. Nobody and I think there is supposed to be a law that governs retain, retention of documents. Yep. At this point in time, I figure the worst that can happen to me is a fire. I'm already blasted already. I mean, this carcass there's nothing left so, you know... Yes sir. My name is Richard Bee, 698 Chapel Hill Boulevard, Boynton Beach. Madam Mayor, Commissioners, I feel this is an opportune time to discuss a subject that's close to my heart. I'm a member of the Civil Service Board and it seems my training has been on the Civil Service book which limits us to hearing demotions, suspensions or terminations, but I felt there must be more to it so I went to the City Charter. And I asked Mr. Lee if he would, the Assistant Personnel, would check with the Attorney to find out where I stood on this reading. Now let me read it to you. "Section 72.7, Duties of Civil Service Board - It shall be the duty of the Civil Service Board: a) to make any investigation which you may deem desirable concerning personnel administration in the classified service and to that end the Chairman, his designee and/or the Board Attorney shall have the power to administer oaths; b} report - 17 - Cherof: Bee: Cherof: Bee: Cherof: Bee: Cherof: Bee: Cherof: Bee: Weiner: to the City Council and to expose publicly any abuses or improper practices which you may find in the classified service of the City". I feel the Civil Service Board should be more involved with the system. Being a former employee and speaking of harrassments and I'm not referring to this particular case, I have inside information I've been exposed to. Now, to sit up on that Civil Service Board and sit there as a figurehead and wait till somebody's brought to be terminated or demoted, I think a lot of these problems could be solved long before they develop. So I just, I couldn't resist mentioning that and I would like from the Attorney, publicly, if this is the proper Statute that I'm reading. You've read it accurately. It means the Civil Service Board does have not the right, they shall investigate. I made a reference earlier in my comments that one of the things that was not mentioned was some of the powers of the Civil Service Board with respect to the classified system and I will report back to the Commission indicating where I think the role of the Civil Service Board is in that regard. As you know, having been on that Board, that Board has separate counsel other than the City Attorney because the City Attorney prosecutes cases in front of that Board. Right. You could ask your own counsel for an interpretation of your powers, and I'm pretty sure it's gonna be consistent with what I will tell the City Commission with respect to that Board. In other words, I, I cannot get a reading from you. I will have to get it from No, I'm telling you that I believe that that Board clearly has investigatory powers. Alright. What they do with that information I think is open to some interpretation, but they clearly have the right to look into those kind of situations where there is some type of pattern of behavior in the classified system that is questionable. Okay, I, I think you've answered my question, but I, I, what I was trying to say is that according to the Civil Service handbook, if that's all you read,.your hands are pretty well tied. You're the last resort. The damage has been done. It's just a case of your saying all right, we'll agree with the parties that this person should be terminated or demoted or not. But, I just, publicly, I'm glad to get the answer to this. Thank you very much. Thank you, Mr. Bee. - 18- Pilgrim: Miller: I'd like to ask you one more question because of all the other information that has come up since I spoke. My name is Jeanne Pilgrim and I live at 25 Fawkland Circle. If the Civil Service Board has those rights which sound pretty good, my question is this. I sent a letter to the Mayor, to the City Manager, to the Vice Mayor and to the Chief of Police this week. I have requested that, you might not have gotten it yet Mr. Miller. Moo Pilgrim: Weiner: Pilgrim: Weiner: Pilgrim: Matson: Pilgrim: Cherof: Pilgrim: Weiner: Pilgrim: Weiner: It just went out yesterday or the day before. I have requested that because of the high standing of the Police Officer that I feel has libeled and slandered me, that is my feeling and my hus- band's, I do not want his boss doing an investigation. It hap- pened during an investigation. Is there a Board within the City? I have requested an outside of the Police Department investigator to do this investigation. I think, Ms. Pilgrim, we'll have to deal with it when we get the letter. I just don't want my letter to be ignored. It, your, nothing gets ignored. Your letter will not be ignored and when we get it, we will, as soon as I get it, I will give it to the City Attorney and, and I'm sure he will, he will be in touch with you I couldn't remember his name so I didn't send him a copy. I'm sorry. I couldn't remember it. I know you have... Don't get mine, because I don't want it I knew your name. I wish more people would forget my name from time to time. I imagine you do. It's, it's Mr. Cherof and your letter will not be ignored. Thank you. Okay, thank you. Is there anyone else who wishes to be heard. I declare public audience closed. Recording Secretary Transcribed from two tapes recorded at November 4, 1992 City Commission meeting - 19 - o 10. COMMISSION NOV 4 ]992 APPROVAL AGENDA NOVEMBER 4, 1992 III . CONSEN~AGEI~A C cc: Fiu, Rec Util ACUSHNET COMPANY P.0.3124. Golf Balls and Wedges for Pro Shop. Pay from Golf Course Revenue Fund--411-000-0-420-10 ALLEN INSUP~ANCE AGENCY Renewal Statutory AD&D for Police and Fire. Pay from General Fund---001-221-5-144-00 $1,646.64 " " ---001-211-5-144-00 $1,179.36 ALLIED LIME P.0.2844. Lime for Chemical Softening. Pay from Water/Sewer Revenue Fund---401-335-5-365-00 BSN SPORTS P.O.2362. Various Recreation Equipment for Hester Park. Pay from Public Serv. Tax Construction---301-721-5-642-02 91/92 Budget. BULLDOG FENCE P.O.2792. Partial Payment for Chain Link Fence at Hester Park. Pay from Public Serv. Tax Construction---301-721-5-640-30 91192 Budget. CHILDCRAFT EDUCATION CORP. P.O. 2745. Storage Equipment for Supplies at the Art and Activity Center. Pay from Public Serv. Tax Contstruction---301-721-5-642-05 91/92 Budget. COBRA GOLF, INC. P.O. 3247. Various Golf Clubs and Bags for the Pro Shop. Pay from Golf Course Revenue Fund---411-O00-0-420-10 DAVIS HAMILTON JACKSON & ASSOCIATES Management Fees for the Period July 1 - Sept. 30, 1992. Pay from Police Pension Fund---612-138-5-468-00 DELRAY FIRE EXTINGUISHER SERVICE P.O. 2831. Various Fire Extinguishers and Parts. Pay from General Fund---001-221-5-416-00 $1,832.60 " " 001-221-5-390-03 95.00 " " 001-221-5-433-00 (250.00) FIRST UNION NATIONAL BANK OF FLORIDA Notice of Partial Redemption Published 9/30/92 for a 11/1/92 Call of our Recreational Facilities Revenue Bonds Series 19B2 (Golf Course). Pay from Golf Course Revenue Bonds---411-888-5-9t2-O0 1,411.31 2,826.00 6,454.36 2,428.23 14,544.04 1,341.77 3,589,38 7,254.31 1,677.60 2,175.24 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. FLORIDA DEPT. OF LABOR & EMPLOYMENT SECURTIY Self Insurer Assessment - Advance Assessment Period 10/1/92 - 10/15/92 (4th Installment Quarter from 7/16/92 - 10/15/92) Pay from Self Insurers Fund---622-195-5-447-00 6,470.11 FLORIDA PETROLEUM LIABILITY iNSURANCE PROGRAM ADM. Renewal of Policy #FPL7623219 for Third-Party Pollution Liability for 12/10/92 - 12/10/93. Pay from Self Insurers Fund---622-195-5-449-00 2,702.00 FOOT-JOY, INC. P.O.3248. Golf Shoes, Gloves, and Spikes for Pro Shop. Pay from Golf Course Revenue Fund---411-000-0-420-10 3,986.73 FRONTLINE MEDICAL SUPPLIES P.O. 2834. Various Medical Supplies for Stock at the Warehouse. Pay from Warehouse Fund---502-000-0-410-18 1,070.35 GP SOLUTIONS P.O. 1159. Software Maintenance Renewal for GP Mate. Pay from General Fund---001-192-5-499-00 1,380.00 GEE & JENSON ENGINEERS, ARCHITECTS, PLANNERS, INC. Monthly Retainer Fee for City Engineer Services. Pay from Water/Sewer Revenue Fund---401-392-5-462-00 2,040.00 IBM P.O. 3139. Maintenance for AS/400 Computer Equipment. Pay from Various Departments. 7,644.10 LITTLE PALM THEATER, INC. Freedom Hall Community Center/Youth Drama Instruction. Pay from General Fund---001-721-5-469-00 1,410,75 MICROAGE COMPUTER CENTERS, INC. P.O. 3032. Six IBM 3151, Model 350. This Represents a Portion of the Computer Upgrade for COALA. Pay from Capital Improvement Fund---302-711-5-670-02 2,430.00 MILNE & NICHOLLS, INC. P.O. 1374. Payment #8 - Construction of the New Recreation Activity Center. Pay from Public Serv. Tax Construction---301-721-5-634-03 91/92 Budget. 39,214.00 MOTOROLA, INC. P.O.2555. One Smartnet I/II STX Portable Radio and Seven Batteries for Meter Reading. Pay from Water/Sewer Fund---401-334-5-431-00 $149.94 Pay from Self Insurance Fund-622-195-5-440-01 $1,850.00 91/92 Budget. 1,994.94 COMMISSION NOV 4 APPROVAL 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. MLRIRAY LOGAN CONSTRUCTION P.O. 1217. Replacement of Pump Stations 310, 408, & 411. Pay from Water/Sewer Utility Revenue---421-000-0-691-21 91/92 Budget. 75,339.92 P.R.I.D.E. OF FLORIDA P.O. 2942. Retread Tires. Pay from Vehicle Service Fund---501-193-5-322-00 2,308.00 PEROXIDATION SYSTEMS P.0.3002. Hydrogen Peroxide for Odor Control. Pay from Water/Sewer Revenue Fund---401-352-5-365-00 13,285.35 POLICE LAW INSTITUTE One Year Subscription to "Electronic Law Bulletin" Computerized Training System for 122 Sworn Officers. Pay from General Fund---001-211-5-382-00 14,700.00 POOLE & KENT COMPANY P.O. 2216. Process Improvements to the East Water Treatment Plant. Pay from 1990 Construction Fund---409-000-0-690-10 47,745.00 ROBERTS & REYNOLDS, P.A. Professional Legal Services for July - September, 1992. Pay from Self Insurance Fund---622-195-5-468-00 1,297.69 ROYAL BATTERY DISTRIBUTOR - FLA P.O.3163. Golf Cart Batteries. Pay from Golf Course Revenue Fund---411-727-5-345-00 SAFETY KLEEN Annual Contract for Servicing of Part Cleaner Machines Located in Vehicle Service and at the Golf Course. Pay from Vehicle Service Fund---501-193-5-499-00 1,439.74 Pay from Golf Course Revenue Fd-411-726-5-433-00 224.40 1,404.90 1,664.14 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL Repair and Replacement - Engineering Services CDM. Pay from Water/Sewer Utility Rev---403-000-1-476-40 7,250.21 SOUTHEASTERN MI~ICIPAL SUPPLIES 2,844.25 P.O.3117. 6" Retainer Glands w/Acc. $1,400.00 Pay from Utility General Fund---421-000-0-690-21 P.O.2960. Valve Drop Box Lids, Valve Box Risers, Cement Mix, Semsco Hydro Bar, and Poly-Cap Stretchwrap. Pay from Water/Sewer Revenue Fund---401-333-5-390-05 $1,167.80 " " 401-351-5-430-06 277,25 STANLEY CONSL~TANTS, INC. Engineering/Consultant Management Services for ~TP - Engineering Services DACS Phase I, II, II, and IV. Pay from 1990 Construction Ftund---409-O00-0-690-10 85,650.00 CO/V/ SS ON NOV A 1992 APPROVAL 33. SUNRISE FORD TRACTOR CO., INC. 3,900.00 P.O. 3162. New Engine for #8057 -Trash Tractor. Pay from Sanitation Fund---431-341-5-433-O0 34. TRANE COMPANY 5,000.00 P.O. 1756. Remove Existing Novar System on Air Handlers 1 & 2 in the CDC Building and Replace With Unit Control Modules. Pay from General Fund---001-192-5-629-00 91/92 Budget. 35. TARE LAWN MANTENANCE 5,267.00 Landscape Maintenance Services for Period Ending 10/21/92 and 10/28/92. Pay from General Fund---001-722-5-430-15 36. OSCAR VAGI & ASSOCIATES 1,506.25 Last Increment of Construction Administration Fee for Rolling Green Park. Pay from Public Service Tax Construction---301-721-5-463-02 37. XEROX CORPORATION 3,880.00 P.0.3012. White Xerox Copy Paper for Stock. Pay from Warehouse Fund---502-000-0-410-10 38. SANTOS CARRION 1,324.00 Reimbursement for Airline Tickets Purchases for Homicide Investigation Case#92-29233. Pay from Misc. Trust Fund---691-000-1-691-20 39. CH2M HILL 13,974.60 Professional Engineering Services for the Construction of the Membrane Softening West Water Trmt Plant. $2,408.80 Professional Engineering Services for the Design of the East Water Trmt. Plant Clarifier Improvements. S11,570.80 Pay from 1990 Construction Fund---409-000-0-690-10 40. OCEAN BAY CONSTRUCTION 56,661.02 P.O.1576. Community Development Block Grant Improvements. Pay from Federal Grants Fund---105-513-5-630-17 These bills have been approved and verified by the department heads involved, checked and approved for payment. Gra~r I therefore recommend payment of these bills. ON COMMISSi NOV 4 ]992 APPROVAL cott Miller,~y Manager