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Minutes 10-20-92MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 20, 1992 AT 6:30 P.M. PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Arline Welner B. Invocation - Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner ,lose Agulla Mayor Weiner called the meeting to order at 6:35 p.m. After a moment of silent prayer, Commissioner Aguila led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Matson asked that an item regarding her recent trip to Tallahassee be added under VI-C just before Public Audience. Commissioner Walshak objected. Attorney Cherof-requested an explanation of the objection. Commissioner Walshak asked the relevance of moving this item to Public Hearing rather than New or Old Business. Vice Mayor Matson explained that she wanted her husband present during her report and he was unable to stay for the entire meeting. That expla- nation was acceptable to all. City Manager Miller requested that Item 10 under IX-Legal be postponed in the absence of the President of the Willowbrook Homeowners Association. City Manager Miller added an item under II-F, Drainage Line at Lake Drive and Potter Avenue. City Manager Miller requested six bills be added under III-D. These bills are connected with the Employees' Pension Fund management fees and custodial fees. The Pension Board approved them and if they are now approved, they will appear on the year-end statements. 2. Adoption Commissioner Harmening moved the adoption of the agenda as corrected. Commis- sioner Aguila seconded the motion which carried unanimously. II. ADMINISTRATIVE: A. Accept resignation from Part Tompson, Education Advisory Board Vice Mayor Matson moved to approve Patt Tompson's resignation from the Education Advisory Board. Commissioner Aguila seconded the motion which carried unani- mously. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 B. Board Appointments: Appointment To Be Reg/ Made Board Alt Length of Term Expiration Date Matson Civil Service Board Reg April, 1993 TABLED Walshak Civil Service Board Alt April, 1993 Matson Con~nunity Relations Board Alt April, 1993 Aguila Education Advisory Board Reg June, 1994 City Manager Miller corrected Vice Mayor Matson's Civil Service Board appoint- ment. She will be appointing an Alternate member rather than a Regular member. Motion Commissioner Harmening moved to take Vice Mayor Matson's Civil Service Board appointment from the table. Vice Mayor Matson seconded the motion which carried 5-0. Vice Mayor Matson appointed Nadine Frake$ as an Alternate member of the Civil Service Board. There were no objections. Commissioner Walshak tabled his appointment to the Civil Service Board. Vice Mayor Matson tabled her appointment to the Community Relations Board. Commissioner Aguila tabled his appointment to the Education Advisory Board. C. Change Order No, I - Mtlne & Nlcholl$ - Lighting at the Recreation Activity Center,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,TABLED Motion Commissioner Harmening moved to remove this item from the table. Vice Mayor Matson seconded the motion which carried 5-0. City Manager Miller stated that the price was revised to reflect a reduction of $1,420 which was the sales tax. The revised price is $39,863. In response to City Manager Miller's question, Mr. DeBeck stated no letter has yet been received from Gee and Jenson. Motion Commissioner Aguila moved to put this item back on the table since his instruc- tions were not followed. He requested a letter from the architect saying the numbers have been analyzed and found consistent. Commissioner Harmening seconded the motion which carried 5-0. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 D. Review of the architectural service fees (Oscar Vagt & Associates) for Ezell Hester Or. CommunityCenter Mr. DeBeck summarized the cost of the Change Orders at Ezell Hester Park which occurred due to the Architect's errors and ommissions. There were a total of thirty-seven (37) Change Orders of which fifteen (15) were Mr. Vagi's. The additional cost to the City on those Change Orders was $28,721.72. The Architect received no additional fees for these Change Orders. Mr. DeBeck stated this $28,000 equates to approximately 1.3% of the construction cost. None of the Change Orders produced any additional value to the City. Commissioner Aguila expressed concern over the fact that the City spent $28,000 and gained no value. Commissioner Aguila asked for clarification on the action necessary at this point. City Manager Miller said the City is holding an approximate $1,200 down payment which is part of the Architect's fixed fee. If the City wanted to attempt to recoup any part of the $28,000, it could possibly become very costly. Mr. DeBeck said the amount due the Architect is $1,506. Motion Commissioner Aguila moved to make the payment since he did not see any chance of the City successfully not making the payment. Vice Mayor Matson seconded the motion. Commissioner Harmening suggested the City not pay the Architect based on the fact that the City paid $28,000 and received no benefit whatsoever, he feels that if the Architect comes after the City for the $1,506, the City can go after him for the $28,000. The motion carried 4-1. (Commissioner Harmening cast the dissenting vote.) E. Change Order #4 - Community Development Block Grant Sub Area 1, Phase I City Manager Miller reported that the total of this Change Order is a decrease of $10,425.05. Motion Commissioner Harmening moved to approve Change Order #4. Commissioner Walshak seconded the motion which carried 5-0. D. Storm Drains at Lake Drive and Potter Road City Manager Miller said it was found that there was an illegal connection to the sanitary system and the storm sewer. Staff sealed off this connection, but a flooding problem was created for the neighbors in the area. It is suggested that the City get involved in connecting the storm drain to an existing storm drain. The work on all pipeline and drainage structure will be done by the Utilities Construction Division. The restoration of pavement and sod will be 3 #INUTE$ - REGULA~ CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 coordinated by the Parks Division and Streets Division. The construction cost is estimated not to exceed $10,000 for labor and materials. These funds are available in the CIP account. Notion Commissioner Harmening moved to approve the City Manager's request for storm drains at Potter Road and Lake Drive. Commissioner Walshak seconded the motion which carried 5-0. I I I. CONSENT AGENDA: A. Nlnute$: Bo 1. Regular Clt~C~mt$$ton Neetlng Nlnutes of October 8, 1992 Bld$- Recommend Approval - All expenditures are approved In the 1992-93 Adopted Budget 1. Piggy-back Boca Raton Bid for 'Submersible Pt~np$" for Utilities As outlined in Purchasing Agent, Lana Koester,s memorandum to J. Scott Miller dated October 6, 1992, authorization is requested to piggy-back the Boca Raton Bid, "Submersible Pumps", Bid No. 92-131/PR, to Water Resources Corp., Boca Raton, Florida. 2. Piggy-back Fort Lauderdale Bid for "Cold Water Neter$' for Utilities As outlined in Purchasing Agent, Lana Koester's memorandum to J. Scott Miller dated October 6, 1992, the Purchasing Department recommends approval to piggy- back the Ft. Lauderdale "Contract for Water Meters and Parts", Bid No. 222-632, Group I - Cold Water Meters from 9/1/92 to 11/6/93, to Hughes Supply, Inc., Pompano Beach, Florida, in the amount of $48,775./estimated usage. 3. 300 Trojan T-105 Golf Cart Batteries The Tabulation Committee recommends awarding the bid to Royal Battery Dist. of Kissimmee, Florida, in the amount of $10,935 less $900 for a total of $10,035. An additional 2% discount is offered if paid in fifteen days ($200.70). Royal Battery Dist. of Kissimmee, Florida, is the lowest, most responsive, responsible bidder and meets all specifications. 4. Nultt-medla Workstation The Tabulation Committee recommends awarding the bid to "Solution Marketing Assoc.", Carlsbad, CA, in the amount of $34,040. Solution Marketing Association is the lowest and most responsive, responsible bidder meeting and exceeding the bid requirements and specifications as outlined in Lt. Donald Thrasher's' memorandum to Chief Hillery dated October 15, 1992. 4 HINUTE$ - REGULAR CITY CONHISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 C. P~yment of Bills - September, 1992 Commissioner Aguila questioned Item #10 regarding Flagcraft, Inc. City Manager Miller explained the situation and advised that a credit was given and a new purchase was then made. A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. D. Approval of Bt115 City Manager Miller added the quarterly management fees pursuant to the contract between the City, Davis, Hamilton and Jackson Associates and Barnett Bank Trust and Company for Money Manager fees and Custodial fees. For the quarter 4/1/92 through $/30/92, the Davis Hamilton management fees amount to $14,777.06. For the quarterly period 7/1/92 through 9/30/92, the management fees amount to $15,311.06. Barnett Bank Trust Company Money Manager fees for the quarter 4/1/92 through 6/30/92 amount to $16,130.72 and Money Manager fees for Barnett Bank for the quarterly period 7/1/92 through 9/30/92 amount to $16,725.24. Barnett Banks' fees for Custodial services for the quarter 4/1/92 through 6/30/92 amount to $1,460.80 and Barnett Banks' Custodial fees for the quarter 7/1/92 through 9/30/92 amount to $1,527.68. These bills were approved by the Pension Board at a meeting held Monday, October 19, 1992. The original copy of these bills is attached to the original copy of these minu- tes on file in the City Clerk's Office. E. Renewal of the Annual Contract for Dry Cleanlng of Pollce Uniforms to "Greentree Dry Cleaners" of Boynton Beach As outlined in Purchasing Agent, Lana Koester's memorandum to Scott Miller dated October 7, 1992, the Police Department recommends awarding the renewal of the Annual Contract for Dry Cleaning of Police Uniforms to "Greentree Dry Cleaners" of Boynton Beach Florida. Greentree Dry Cleaners has provided excellent service since November, 1992. They have met all conditions of the quote and Mr. Hamid B. Bhatti has signed an agreement form to renew the contact under the same terms and conditions set forth in the specifications for another year. This contract will run from November, 1992 to October 31, 1993. F. Renewal of Annual Nalntenance Contract for a 1301Halon System Commissioner Harmening questioned when the Halon System will be phased out and was advised the system will be in effect until approximately 1995. The Tabulation Committee recommends extending the existing contract for an addi- tional six months to Borrell Fire Systems, Pompano Beach, Florida. The contract price is $400. The present contractor has maintained the Halon System for three 5 MINUTES - REGULAR CITY COI(4ISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 consecutive years with no problems or complaints. All terms/conditions from the existing contract will carry over for the additional six-month period. The contract period will be from October 1, 1992 to April 1, 1993. G. Receive and file departmental activity reports Motion Commissioner Walshak moved to approve the Consent Agenda. Commissioner Aguila seconded the motion which carried 5-0. MAYOR WEINER DECLARED A SHORT RECESS UNTIL 7:00 P.M. IV. ANNOUNCEMENTS & PRESENTATIONS: A. Presentations: 1. 1992 U. S. Mayors' End Hunger Award At the podium, Mayor Weiner explained that at past meetings, discussions were held regarding the problem of hungry families nationally and locally. The U. S. Conference of Mayors recognizes this critical problem and developed a national award program to recognize individuals and groups who volunteer their time and energy to combat this problem. Mayor Weiner recognized the Community Relations Committee of Hunters Run for outstanding work on two projects during 1991-92. The two projects are the Daily Bread Food Bank and Project Hope. She described both programs. Mr. Irving Lebow was present to represent the Committee of Hunters Run. Mayor Weiner presented Mr. Lebow with the award and thanked him and the Committee for a job well done. She read the inscription on the award. Mr. Lebow thanked Mayor Weiner and stated the award will hang with pride. B. Proclamations: 1. Florida Red Ribbon Week - October 24 through November 1, 1992 Mayor Weiner read a Proclamation declaring the week of October 24 through November 1, 1992, as Florida Red Ribbon Week. C. Announcements: 1. First City Commission Meeting in November will be Wednesday, November 4, 1992 due to Election Day on November 3, 1992 Mayor Weiner announced that because of Election Day on November 3, 1992, the first City Commission meeting in November will be on Wednesday, November 4th. M~NUTE$ - REGULAR C~TY COMHI$$ION MEETING BOYNTOM BEACH, FLORIDA OCTOBER 20, 1992 V. BIDS: 24" Water Main Crossing Military Trail (Jack & Bore Method) Consideration of awarding bid and authorization to execute contract (Proposed Resolution No. R92-187) City Manager Miller stated this is part of our distribution system to tie in Hunters Run to the water distribution system. This work will be done with an in-house crew, but it was necessary to go out for bids on the Jack and Bore. The lowest bid was received from B. & B. Properties, Inc. in the amount of $31,86o. Hotton Commissioner Harmening moved to award the bid for 24" water main crossing Military Trail to B. & B. Properties, Inc., in the amount of $31,860. Commissioner Aguila seconded the motion which carried 5-0. Attorney Cherof read Proposed Resolution No, R92-187 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,. FLORIDA, AWARDING A BID TO B & B PROPERTIES, INC., FOR THE 24" WATER MAIN CROSSING AT MILITARY TRAIL; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE B & B PROPERTIES, INC.; A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Motion Commissioner Harmening moved the adoption of Proposed Resolution No. R92-187. Vice Mayor Matson seconded the motion which carried 5-0. At this point, Vice Mayor Matson stated her item regarding her trip to Tallahassee should have been listed under V-B rather than VI-C. B. Vice #ayorl4atson's Trip to Tallahassee Vice Mayor Matson reported there have been many articles appearing in the newspapers recently regarding harrassment in the work place. She distributed copies of an article which appeared in the newspapers in March of 1991. Before she was sworn into office, she reported to the press that her agenda included consolidating the Planning and Zoning Board with the Community Appearance Board and removal of Code Enforcement and Occupational Licensing from the Building Department. Vice Mayor Matson reported that in November, 1991, she received a brown enve- lope in the mail from Tallahassee. Inside the brown envelope was another brown envelope marked "Personal and Confidential". Upon opening this mail, she found a letter from Tallahassee reporting that an ethics complaint had been filed against her and Scott Miller. Not knowing what this meant, she asked for an 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 opinion from Wilfred Hawkins. He explained this was a very serious situation. She brought this to Scott Miller who advised her to seek the services of an attorney. Although her attorney could not figure out what the complaint was about, she was advised to chronologically document things that have happened since she took office. It became evident that a pattern of harrassment and disparity existed between the way she was treated by the Building Official as opposed to male Commissioners. This complaint was filed so that Vice Mayor Matson would not win the election. It was filed in November and timed to come out before the elec- tion, but the Building Official was unaware that Tallahassee was backed up and this investigation did not begin until June of lgg2. The Building Official told someone high up in the administration that Vice Mayor Matson would not be around very long if she got elected because he knew how to fight dirty. She reported she has been harrassed by people in the City for the past nine months. She was told "you're history" while another employee told her she would be forced to resign or go down in flames. Vice Mayor Matson stated she is not going down in flames; she will go out in a blaze of glory. She was unable to speak about this situation and has had to conduct business as usual. She ran an election with this over her head. Her sister was named in the complaint because she worked five months for an architect in the City. Many civil suits will arise from this and Vice Mayor Matson is investigating criminal charges because confidentiality was waived. She was told by two newspaper reporters that they knew about this issue. Directions from the Ethics Commission instructed that no discussions were to be held in this regard until today. Vice Mayor Matson met with the press today and gave them all of the information she had. They were given the investigator's report and the advocate's report. The State Attorney General's Office found no probable cause. Vice Mayor Matson and Scott Miller appeared before the Ethics Committee and they were dismissed within three minutes without any questions being asked. The dismissal was una- nimous. Vice Mayor Matson brought this subject up tonight because her legal fees have amounted to approximately $9,000. The City is responsible for providing a defense. She feels this money could have been used in many other ways. Vice Mayor Matson feels there may be more complaints filed because she has been targeted. Going through this has made her very strong and she is not afraid of additional complaints. She reported that documentation provided to her attorney included a copy of Code Enforcement Board meeting minutes of February 1992 wherein a former City Commissioner had secret meetings with department heads and the Building Official. This Building Official filed a charge against her for meeting in public through the City Manager's Office as set forth in the Charter, but did not file a charge against the male Commissioner involved in the secret meeting. What came out of that meeting was a recommendation to the City Manager to change policy. Shortly after, that same recommendation came forward from that Commissioner to put Engineering in the Building Department. Vice Mayor Matson 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 feels this is a violation of Civil Service Rules regarding the use of political influence. Vice Mayor Matson provided Attorney Cherof with a copy of the Civil Service Rules so that he could review them and make a determination. Articles appeared in the June 19, 1991 Sun-Sentinel and in the Palm Beach Post regarding the fact that female employees in the Building Department Were made to wear badges, but males did not have to wear them. The Building Official also told a friend of Vice Mayor Matson's not to associate with a Commissioner during lunch or dinner. This person has been a friend of Vice Mayor Matson's since 1988. She pointed out, however, that the Building Official hosted a July 4th party this year which was attended by a present Commissioner. Vice Mayor Matson also pointed out that an article appeared in Monday's Sun-Sentinel wherein Vince Finizio spoke of a personal vendetta the Mayor and Vice Mayor have against the Building Official and other department heads. Vice Mayor Matson stated she has had a history with Mr. Jaeger since 1988 because of his decisions concerning Boynton Lakes North. She stated she was elected to speak her mind and she has no intention of changing that practice. She feels Mr. Jaeger runs an ineffective and inefficient department. She brought to the attention of everyone present that although she and the Mayor were the only ones mentioned in the article, the first time the vote came up to remove Occupational Licensing from the Building Department, the vote was 4-1. The males changed their minds after that first vote. She .quoted from the newspaper article and asked Attorney Cherof whether or not Mr. Finizio's statement violated Civil Service Rules, Section 4, #F. Vice Mayor Matson stated she is tired of the harrassment and will not take it any longer. She is aware females are treated differently from males, female Commissioners are treated differently from male Commissioners and department heads are treated differently from the working class. In addition to legal fees, her trip to Tallahassee cost $475.67, a bill for which was submitted to the City for payment. She pointed out that all of the taxpayers are paying these bills. She apologized but pointed out that she had nothing to do with this situation. She stated she is the whistleblower. She feels this was done so that someone else could claim to be the whistleblower. Attorney Cherof read the two Rules in Section 4; the first being Subparagraph F regarding the use of offensive conduct or language toward the public, or fellow officer or employee or abusive public criticism of superiors or public offi- cials; and Subparagraph P regarding the use of political influences to secure promotion, leave of absence, transfer, classification change, pay increase or character of work, or uses such influence to bypass department chain of command. Mayor Weiner stated she was appalled that Vice Mayor Matson had to go through this situation and that the taxpayers will have to pay for this garbage. She was upset that she was unaware of this situation and was not able to offer any assistance. She was appalled by the Building Official's behavior. She feels there is an inequity when a City Official and City Manager are targeted in this manner. She pointed out that the elected officials answer to the citizens and 9 MINUTES - REGULAR CITY COMMXSSIOH MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 when the citizens do not approve of their actions, they are not reelected to office. This behavior will cost the City a great deal of money and she suggested the citizens who object to this behavior make their voices known by writing in. Commissioner Aguila said he is very unhappy with this situation. He commended Vice Mayor Matson for dealing with this situation on her own and keeping it under wraps. He was upset with the waste of money. He reiterated that when the issue of moving Occupational Licensing from the Building Department was discussed, he was against it because he did not believe, from a functional standpoint, that that Division needed to be elsewhere. It was not an issue of male or female. He feels that if there is a problem with the Department head, then that is the issue to be dealt with. He stated he hoped Vice Mayor Matson can now see some peace. Mayor Weiner asked Attorney Cherof to look into this situation to see if there is any way the City can protect itself against frivilous ethics charges brought against City Managers and elected officials. Mr. Cherof will prepare a memoran- dum. Ralph Marchese said Vice Mayor Matson has been a credit to the City and to the Commission. He recommended that those people who take this action be removed from employment or be taken to court. He said he is willing to pay his share to run a decent government. Mike Mrotek~ 2624 Lake Drive North~ said that the Civil Service Rules and Regulations govern all of the employees of the City. He suggested the City Manager act appropriately. He further pointed out that the Florida State Statute backs up these Rules. He feels it is time to do something about this situation and suggested action be taken now. Sue Davis, President of the South Palm Beach County Chapter of N,O,W,, said she applauds the actions to investigate the charges brought by Vice Mayor Matson. She urged the Commission to look at the inequity of how females and males are treated. She stated that the usual response is to ignore charges of harrassment in the hope they go away. She feels it is less expensive to find the problem and deal with it. Verna Cook~ representing the National Black Police Officers Association and the local organlzation~ said that in March of 1992, Vice Mayor Matson met with t'he National Black Police Officers Association. Because of her leadership, Ronald Hampton had Patrick Murphy called the City. Out of that came a survey. Ms. Cook has encountered the "old boy" network in Florida. She said an "old girl" network will be established which will be a "people" network. Women are a majority in this City and in Palm Beach County. She offered support to Vice Mayor Matson. Mayor Weiner offered Mr. Jaeger an opportunity to speak which he declined. 10 HINUTE$ - REGULAR CITY COHHI$$ION HEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 VI. PUBLIC HEARING: Ae Public Hearing reference impasse to a collective bargaining agreement for FY 1992/93 (wages only) between the International Brotherhood of Firemen & Oilers, Local 1227, and the City of Boynton Beach Mayor Weiner asked for guidance from Attorney Cherof. Attorney Cherof explained the Commission's responsibility and how it differed from the collective bargaining process. The Commission must now hear the administration's and union's positions and comments from the public and then act accordingly. He read a passage from the State Statute regarding the impasse. He advised limiting the discussion to the disputed issues. Assistant City Manager Carrie Parker said the only section in dispute is Article 20, Wages, Section 1. Ms. Parker distributed the City's exhibit to the Commission. Section 1 deals with the cost of living salary adjustment to be provided to all IBF&O employees. The City's position is that they receive a 3% cost of living salary adjustment effective the first day of the pay period immediately following the date the contract is ratified by both parties. The cost of the City's proposal for 3% for all employees is $720,726. Ms. Parker summarized the exhibit which contained a salary survey comparing surrounding cities of similar size. Also included in the package is a listing of the increases for the City of Boynton Beach over the last eight years. No cost of living increase or anniversary raise was provided last year because of the budget crisis. She pointed out that the raise in 1990-91 was given in January and was not retroactive. The U. S. Department of Labor Price Index was also included. Wanda Stimp$on, Business Agent and Chief Negotiator for the blue collar workers, represented IBF&O. She corrected Ms. Parker's salary surveys. She said she represents the cities of Delray Beach, Riviera Beach and Boca Raton and she knows of Lake Worth because of close dealings with them. The union is still in negotiations with the City of Delray Beach regarding the 1992-93 contract. Negotiations with the City of Riviera Beach have not as yet been opened and a 4% cost of living raise has been granted in Boca Raton. With regard to Lake Worth, they are currently in litigation because they offered money and took it back. The union began negotiating with the City in 1989-90. The 1990-91 figures averaged out to 4%, not 3% and 3% because the raise was not received until January. Many meetings have been held with the City with no success on the wage proposal. No increase in wages was received in 1991-92 fiscal year. The union accepted that because of the budget problems. However, they are now requesting a 4% increase in wages as opposed to 3% being offered by the City. The union chose to go this route rather than a Special Master in order to save funds. She suggested this issue be given consideration. 11 H]:NUTES - REGULAR CITY CONN]:SS]:ON HEETING BOYNTON BEACH, FLORTDA OCTOBER 20, 1992 Earl Csrver~ representstive of IBF&O, said many of the employees are also tax- payers in this City. He poi~-~ed out that when taxes go up, they must pay those taxes and when utility rates increase, they must pay the increase. The medical coverage has been increased and the employees must pay that increase. He pointed out that the City has good and dedicated employees and asked that the Commission be true to them. Richard Stone, employee in the Utilities Department and union Steward, said that he has spoken in the past about the morale of the workers in the City. Many positions were lost because of the budget crisis and employees have taken on extra duties. Many of the employees do not feel appreciated by the Commission because of the lack of anniversary raises over the last two years and no cost of living raise last year. Mr. Stone said the raise in 1991 worked out to only 3.38% because it was received in January. At that time, money was available for retroactive pay, but the Commission chose not to grant that pay. That severely damaged morale. He further pointed out that for the three fiscal years prior to 1991, the cost of living increase feel below the annual adjusted inflation rate. Mr. Stone feels the money for the 4% increase exists. He further feels whatever is approved should be retroactive to October 1st. In discussions with many City employees who were granted the 3% increase, they are now making less money than before the increase because of the increase in medical premiums and because when the gross income increased, more money was taken out for pension and F.I.C.A. He asked for consideration of the 4% request to show that the workers are truly appreciated by the Commission. Gar~Alvord~ Shop Steward in the Parks and Recreation Department, said that in the Palm Beach Post on Sunday, October 18, 1992, it was reported that even with the pay raise, actual tax assessments fell by 7/10 of 1%. He also read that Commissioner Harmening would support lay-offs and capital cuts next year because of the economy. He stated he enjoys his job, but has learned that people in similar jobs in the private sector make from 25% to 40% more money fOr the same job. This amounts to $12.00 to $14.00 per hour. He pointed out that if the 5% anniversary raise and a 4% cost of living raise last year and this year had been implemented, he would only have been short 80¢ from the private sector. He said they were told that the median income level of the City was comparable with other cities at $26,000 per year. As of April 22, 1992, 119 members of the IBF&O were below this median level. The white collar workers are all above this median level. He feels the workers are the spine of the City. The workers are dedicated to doing a good job. He suggested they not be injured too many times. He further stated that white shirts, air conditioning and pay raises do not make them any more of a person than the worker. NormDouglas spoke as an employee and taxpayer. He feels the raise is necessary for workers to support their families. He stated that the Commission just wasted $10,000 of the taxpayers' money this evening which could have been put to better use. Regardless of whether the raise is 3%or 4%, the employees are going backwards. Workers in the Utilities Department have begun to do a great deal of work in-house to save money. He said tens of thousands of dollars have been saved which could be in the workers pockets for incentives. He feels the raise is necessary. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Mayor Weiner stated the Commission did not waste the $10,000. A supervisor wasted that money. Mr. Douglas corrected his statement to say that the Commission appointed the supervisor who wasted that money and the Commission can do away with that person. Commissioner Harmening referred to a earlier statement made by one of the speakers who claimed City Manager Miller recommended a 4% increase and said he did not recall the City Manager or Assistant City Manager making that recommen- dation. WITH NO ONE ELSE WISHING TO SPEAK AT PUBLIC HEARING, MAYOR WEINER DECLARED THE PUBLIC HEARING CLOSED. Motion Commissioner Walshak moved to give the IBF&O 4%. Vice Mayor Matson seconded the motion. Commissioner Aguila said he understands that the workers are trying to make ends meet and pointed out that not everyone on the dais is a white collar worker. He feels 99% of the City's employees are fine workers. This is a difficult deci- sion and he is inclined to go along with the 4% increase, but other people in the City, in the same position as the IBF&O workers, have accepted the 3% and he is not sure whether it is fair to them to grant a 4% increase to the IBF&O. Commissioner Harmening agrees that the City has a great many fine workers. In reviewing the salaries, the City of Boynton Beach is in line with surrounding cities and the County. He pointed out that not only are there many people out of work at this time, but many who are working are not getting any raises this year. Those people also have hard times. Mayor Weiner said the entire Commission has had a terrible time with this issue. She would have chosen to be Mayor during good economic times, but she did not have that choice. She is sympathetic to the demands of the workers. She thinks the employees of this City are hard working, helpful and dedicated individuals. She explained that 35% of the City's tax base is made up of people over 65 years of age who are on fixed incomes. Much of the remaining population is young people with children who are struggling to make ends meet. It is impossible to raise their taxes. She thanked the workers for understanding the situation last year and pointed out that times are not much better this year. Past decisions and the one to be made tonight are difficult. Commissioner Walshak said that he has no problem giving the IBF&O 4%. He didn't have any problem giving the Firemen or Police 4%. He thought the money was in the budget and could have been given. Further, Commissioner Walshak corrected Commissioner Harmening by stating that he heard Mr. Miller say or recommend 4%. Mr. Miller responded that he does not remember recommending 4%. Many percen- tages were discussed under the Executive Sessions, and he may not discuss those percentages because those sessions are closed pursuant to the Statutes. Four percent was one of the numerous percentages mentioned. 13 NINUTE$ - REGULAR CITY CONNZSSZON NEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Vice Mayor Matson said last year was difficult. During the negotiations, she felt that because no raises were given last year, she wanted to give more than 3%. She would have given 2% and 2% which would have brought the increases to 4% at the end of the year. She stated given the choice between 3% and 4%, she will not vote for 3%. A roll call vote was polled by City Clerk Sue Kruse. Commissioner Aguila - No Commissioner Harmening - No Commissioner Walshak - Yes Mayor Weiner - No Vice Mayor Matson - Yes The vote failed 3-2. Notion Commissioner Aguila moved to award the IBF&O employees 2% effective October 1, 1992 and 2% effective March 1, 1993. Vice Mayor Matson seconded the motion. Vice Mayor Matson asked how this increase will affect the employees. It was determined this increase will be slightly more than 3% average for this fiscal year. Commissioner Harmening feels a bad example is being set by choosing this route since the other two unions have already settled for 3%. A roll call vote was polled by City Clerk Sue Kruse. Commissioner Harmening - No Commissioner Walshak - Yes Mayor Weiner - No Vice Mayor Matson - Yes Commissioner Aguila - Yes The vote passed 3-2. A SHORT RECESS WAS DECLARED BY MAYOR WEINER UNTIL 8:25 P.M. B. Project Name: American Legion Rezonlng Owner: Andrew Hershman, President American Legion Club of Boynton Beach, Inc. Location: A 0.34 acre of property on the north side of the American Legion Club at the southeast corner of NW 1st Avenue and NW 6th Street Description: REZONING: Applicant requests that the above- described property be rezoned from R-2 {Duplex Residential) to Public Usage 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Chris Cutro made the presentation. Mr. O'Brien, agent for the American Legion Club of Boynton Beach, Inc., has asked for a rezoning of a parcel of property just purchased to the north of the existing hall. The change would be from R-2 (Duplex Residential) to PU (Public Usage). The request is consistent with the Comprehensive Plan. At its meeting of October 13, 1992, the Planning and Development Board forwarded this request with a recommendation for approval sub- ject to two conditions: A deed restriction be recorded that restricts the single- family house on Lot #5 to be used only for single-family residential use; and if any portion of Lot 5 is used for parking for the American Legion Club facility, a buffer shall be installed to separate and buffer the adjacent single-family home to the north from the American Legion Club property. Mr. Cutro explained this rezoning is here for public hearing and first reading during the Ordinance portion of the agenda. Danny O'Brien~ 2580 SW loth Circle, represented the American Legion Post 164. He asked to reserve his time to answer any questions which might be raised or to rebut any comments. Jim Telepman, of 340 Royal Palm Way, Palm Beach, represented the Franklins who live to the north of the American Legion property. His clients and other resi- dents in the area object to the rezoning. He presented a petition for the record which is signed by residents from the area who oppose the rezoning. In viewing the map, he pointed out that the American Legion sits in a residential area. The residents object to the nuisances which will be created for the neighborhood. Traffic is one of those nuisances. The expansion of their building and a larger parking lot will bring more traffic into the area. He stated that the Franklins bedroom window is 7' from this proposed parking lot. Mr. Telepman took issue with Mr. Cutro's comments regarding the Comprehensive Plan. He said Mr. Rumpf pointed out in a memorandum dated October 8th that a problem exists with the Comprehensive Plan. It contains a provision which pro- hibits rezoning which will create nuisances to people or property. He further stated that the City's Code of Ordinances also has a provision regarding rezo- nings which create nuisances to surrounding property and residences. Mr. Telepman stated that a single-family home exists on Lot #5. The American Legion has no plans to change the use of the lot. They will continue to rent out that home to assist in paying the mortgage on the property. He wondered why the zoning should be changed on this particular lot. He suggested rezoning the vacant lot and leaving this portion as it is currently zoned. He further urged that if this rezoning is approved, the American Legion should be made to construct a 6' high masonry and stucco barrier along the border of the property. However, he asked that consideration be given to denying the rezoning. Commissioner Walshak read the staff comments to Mr. Telepman which pointed out the fact that the staff comments included the requests being made by the Franklins if the approval to rezone is granted. 15 MIHUTES - REGULAR CITY COl4MIS$ION #EETING BOYNTOH BEACH, FLORII)A OCTOBER 20, 1992 Commissioner Aguila confirmed that the American Legion wishes to use a piece of property south of Lot #4 for parking. Mr. Cutro stated they may not use Lot #4, which is zoned R-2, for parking. It must be rezoned to allow parking. Mr. Cutro stated this use has been determined as acceptable within the single- family zoning district. The rezoning can improve the current situation. There is a viable question regarding Lot #5. Nick Berbe$, 603 W, Ocean Avenue, said his property faces the American Legion Hall. He questioned if the residential house on the property will be turned into a clubhouse. Commissioner Aguila said there was conversation that they would have liked to make the house a congregation hall for a smaller group of Legion members, but the Planning and Development Board was not in favor of that use and stated it could only be used for a residential use. Joan Clark~ of 110 NW 7th Street, said traffic must pass her house to go to the hall. She sympathizes with Mrs. Franklin because she claims she constantly must call the Police because these people tear down the street, ruining their~pro- perty. Drinking and driving is also a concern. She claims a great deal of noise is generated by music from the hall. Bob Borovy of 2521SW 11th Street, has been associated with the American Legion for fourteen years. The American Legion helps people and serves the City, He has never received any complaints from the Police Department in all of the time he has been associated with the Legion. He said other people go through the neighborhood and ride along the railroad right-of-way and break into their hall and steal money. Those people are not Legion members. Mike Bronzlnl) of 627 H~ 15t Avenue) said there already exists a drainage problem in the area. By making this a parking lot, the drainage will be worse. The area floods halfway up his street. Mr. Miller advised that a new parking lot would have to be constructed to Code. Any runoff generated from the parking lot would have to be retained on site. They will have to develop underground drainage through percolation or a french drain system. Mr. O'Brien knows that the application for the parking lot would have to pass through Engineering and site development. These questions would be handled through the City process. Commissioner Walshak reminded everyone that a portion of the Comprehensive Plan looks at drainage and drainage problem areas around the City. Lake Boynton Estates is a targeted area. The Utilities Department is now working on a plan to cure the major problem in that area. These items must be addressed by 1995 according to the Clean Streams Act. Commissioner Harmening pointed out that the City is in the process of starting up a stormwater utility tO drain portions of the City which flood. 16 HINUTE$ - REGULAR CITY CONI4I$$ION NEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Commissioner Aguila also clarified that what is 7' from the Franklins' bedroom window is the property line for the existing residential building. The parking lot will be 57' away. He understands the logic behind the rezoning request because there is not enough parking available on the site. Commissioner Aguila was pleased with the Planning and Development Board's actions regarding the fact that the residence must remain a residence or be torn down. The American Legion agreed to the condition. Commissioner Aguila also set straight the setback requirements. The minimum front setback requirement is 25'. The minimum side setback requirement is 15' unless it abuts a residential which will increase it to 30'. The rear setback is 25' which will be increased to 30' because it abuts a residential area. This rezoning request will allow the American Legion to make a difficult situation better. Ho~Jon Commissioner Walshak moved that the American Legion Club of Boynton Beach, Inc. request for rezoning be approved subject to the staff comments of the Planning and ~Development Board. Commissioner Aguila seconded the motion. Attorney Cherof asked that the motion be amended to incorporate a finding that the conditions in the recommendations from the Planning and Development Board are required to meet the consistency element of the Comprehensive Plan. Commissioner Walshak agreed to the amendment and Commissioner Aguila seconded the amendment. Themotion carried 5-0. Mayor Weiner asked the Commission to move up Item XI-D, Establishment of an Adopt-A-Street Program sponsored by the Boynton Beach Chamber of Commerce. Hotlon Vice Mayor Matson moved to move up Item XI-D. Commissioner Aguila seconded the moti~on which carried 4-0. (Commissioner Walshak was away from the dais. XI. NEW BUSINE$S: D. Establishment of an Adopt-A-Street Program for Boynton Beach spon- sored by the Chamber of Commerce Kelth Gtr~n, a member of the Board of Directors of the Chamber of Commerce, requested support in establishing an Adopt-A-Street program. This is a program of volunteers who agree to pick up the litter on a particular street at various times throughout the year. The Chamber of Commerce is committed and fully orga- nized to administer the program and will work with the Public Works Department. All of the Commissioners agreed to support the Chamber's program and Vice Mayor Matson asked for Chamber support of the City's planned Trashathon. She feels this Trashathon will be a lead in to the Chamber program. 17 NINUTE$ - REGULAR CITY CONHISSION NEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Hotlon Vice Mayor Matson moved to approve the establishment of an Adopt-A-Street program for Boynton Beach sponsored by the Chamber of Commerce. Commissioner Harmening seconded the motion which carried 5-0. VII. PUBLIC AUDIENCE: Dawn Hudson~ ~119 NW 8th Court, addressed the issue of the expansion of West IndUstrial Avenue to the h°rth. She and other residents in the Laurel Hills subdivision are opposed to this expansion. This expansion to the north would provide an easier access for burglars. It would also provide access for the gangs. At present, there is only one way in and one way out of Industrial Avenue which allows Police to know exactly where to look when they receive a calll of a suspicious person in the area. Shei!feels the installation of a traffic light at Boynton Beach Boulevard and IndUstrial Avenue isthe more logical solution to the problem. She pointed out thai Lake Worth has a traffic signal 1/10 of a mile from the 1-95 overpass at lOt~ Avenue North and Barnett Drive. There are no problems with traffic back up on tihe Interstate and she has never seen anyone rear ended because of the traf- ficilight. She travels that route everyday to work. In a discussion with Walt Lashiley, Ms. Hudson learned that loth Avenue North is a County road and Boynton BeaC!h Boulevard is a State road. That is the reason why Lake Worth has a light and~iBoynton Beach Boulevard does not. Ms. Hudson feels that even if Industrial Aven!ue is extended to the north, the trucks will not go north to Gateway Boul!levard in order to get to 1-95 to go south. They will continue to cross Boyn!ton Beach Boulevard at Industrial Avenue. She was advised that the DOT planls a realignment of that median cut. CitYi Manager Miller reported that the City has been denied the traffic signal twi%; once through Bill Lewis' office and once through Rick Chesser. Mr. Chester advised that pursuant to the Traffic Manual, it does not meet the cri- teri!a for a traffic signal. The County is more responsive to the needs of the peop!e and that is the reason why the traffic signal appears at lOth Avenue. In disc!Ussions with Messrs. Lashley and Chesser, Mr. Miller advised that he would not igo along with closing off the access at Industrial Avenue and Boynton Beach i, V Boule ard. Commi~ssioner Aguila noted that from the overpass to Seacrest Boulevard is 1/3 of the distance at Gateway Boulevard and a traffic light exists at that intersec- tioni~ City Manager Miller pointed out that that intersection is a four-way 'lntelrsectlon at 22nd Avenue, but only a three-way intersection at Industrial venue. Commissioner Aguila explained to Ms. Hudson that the City has not been dle in the effort to get this traffic light. He recently spoke with Mr. Miller about the two of them attempting to continue the effort at the last place it was denied. Commissioner Aguila feels the traffic signal is the solution to the prob)em. The proposal to extend north is an alternative to relieving some of the present congestion in the area. He admitted he had not considered Laurel Hill~. Commissioner Aguila spoke with people on Industrial Avenue who were agreeable to the expansion to the north, but would prefer the traffic signal as a fiPst choice. Commissioner Aguila stated he Will take the time to keep fighting for the traffic light and feels this issue may need to be reconsidered 18 NINUTES - REGULAR CITY CONt4ISSION 14EET~NG BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Mayor Weiner questioned the situation regarding the grant. Mr. Staudinger said no work has begun on this application. He has had a conversation with only one property owner in the area. He dictated a memorandum listing the companies. He is in the process of trying to find one or two companies who will qualify under the State program. He has spent not more than two hours on this project. Commissioner Walshak pointed out that Ms. Hudson's primary concern is the fact that a northern exit on Industrial Avenue would allow burglarseasier access to the community. He said that there is no vehicular access from West Industrial Avenue into the Laurel Hills community. This is good for the residents since it protects the neighborhood. Further, there is 2,000' of concrete fence which is between 8' and 10' high. Commissioner Walshak pointed out that there is only one,vacant lot at the end of West Industrial Avenue'which is protected by a concrete fence. There is no way to get through. Commissioner Walshak spoke with the residents before he recommended this solution and Ms. Hudson expressed her concern regarding burglars from the north terrorizing the neighborhood. Commissioner Walshak feels-this-concern is exaggerated. Mayor Weiner advised that she intends to visit this area and this issue can be put'back on the agenda again. Commissioner Aguila feels some reconsideration is necessary on this issue, but he contended that if the City cannot secure a traffic signal, then the northern extension of West Industrial Avenue may be the best that can be offered and this possibility should not be totally ignored. David Katz, 162 SE 27th ~ appeared with his son Joshua. Mr. Katz pointed o-'~-E~h~'~ his ~-~o Eh~l-'~'Fen have learned much through the programs provided by the Parks and Recreation Department and the Library. His son Joshua was recently selected to play a royal prince in the "King and I" at the Royal Palm Theater in Boca Raton. In an attempt to have Joshua learn more about the part he would play, Mr. Katz decided to borrow the video version from the Library. He learned that, video tape had been loaned out in 1986 and never returned. As a thank you to the City for the many programs provided for children, Mr. Katz donated a new copy of the "King and I". VIII. DEVELOPHENT PLANS: A. Consent Agenda - Unanimously approved by Planning and Development Board None B. Non-ConsentAgenda - Not unanimously approved by Planning and Development Board None 19 HINUTES - REGULAR CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 C. OTHER: 1. Space Plus - 2951SN 14th Place Review a landscape appeal by Jerry Church, P.E., represen- tative for Space Plus (f.k.a. gega Nlnl) to delete the requtred hedge landscaping materlal along the east and south sides of the open storage vehicle use area located at the east end of the Space Plus Facility Mr. iCutro made the presentation. The applicants are appealing because they are required to slat the fence on the entire length of the east side as well as on theisouth side. The buffering on the south side is missing approximately 150' to 200' of hedge. That hedge is on the opposite property. The applicants attempted to get the property owners to allow them to install a hedge, but they were unsuccessful. The hedge on the east side would buffer the parking lot and thelburn practice tower at South Tech. Theiisecond appeal deals with the requirement to plant approximately twenty-one trees on the north side of the property. The applicant agreed to build an 8' walli and to plant oversize trees. They have been unable to find the oversize BlaCk Olive trees and they have requested that requirement be reduced back down to the current City requirement. The Planning and Development Board reviewed this at their last meeting and reco~nmended the first appeal regarding the hedges be upheld and that the second appeal not be upheld, but that the applicants be required to plant the oversize tree!s., and that staff work with the applicant to plant some of the hedge material whlcih was being deleted from the inside of the storage facility under the trees alonig the wall on the north side. Jetr~ Church, Engineer, said that with respect to the second appeal, the appli- cant is prepared to put in Oak trees with 12' height and 10' spread in lieu of the Black Olives which the contractor had problems getting. The contractor will not have any problem getting Oak trees which meet the criteria. The other request was to use some of the Silver Buttonwood that would be installed on the east side and put it on the north wall. In addition to the trees and the wall, vines were shown along the wall. The applicant is prepared to plant the Silver Buttonwood in lieu of those vines. Mr. Church further pointed out that the Code provides if there is a hedge in place, it can be commonly utilized. In r~sponse to Commissioner Aguila's question regarding debris on the property, Mr. Church said there were delays in getting a permit to haul off the material. Spac~ Plus has the permit now and thedebris will be removed. Leonard Kanonik, of 1330 SW 28th Avenue, views the 8' wall from his living room. He h.~s written letters and included photos to City Manager Miller, Mayor Weiner, the I)uilding Department and Code Enforcement about this property. He presented anotl~er photo of the grounds. Mr. Kanonik wants the trees to remain at 12'. Don ~era, of 1310 SW 28th Avenue, is President of Boca Lawn Maintenance and LandScaping. He stated that Boca Retort has no problem finding the Black Olive trem in the size required. He feels the Black Olive is more favorable than the Oak ~ecause it is fast growing, healthier and much prettier. Further, it was 2O H~NUTES - REGULAR C~TY COI~t]SS]ON HEET~NG BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 agreed upon by the residents that if they reduced their request from a 12' wall to an 8' wall, they would install twenty-eight trees, 15' on center, 6" trunk, 12' in diameter. Commissioner Aguila corrected Mr. Cera by saying that the approved plan called for 12' high trees, 10' spread, 20' on center. Mr. Cera said this project was requested over a year ago and the applicants have saved a tremendous amount of money. He watched as a field of trees became a barren lot. He Would like those trees replaced. He wants to see beautification return to Boynton Beach. Commissioner Aguila stated that he knows landscapers and knows that the Black Olive trees are available. The problem is that because of the damage to the nurseries, the trees have now become quite expensive. Commissioner Harmening further stated that trees are available in Counties other than Dade County. #otton , commissioner Aguila moved to deny the request to delete the hedge material on the east and south sides, Vice Mayor Matson seconded the motion which carried 5-o b® Constder changtn9 the tree spread dimension or suggesting an alternate method to satlsfy the landscape condition that was m~de part of the September 19, 1991 City Co~nlsslon approval of the site plan modification to construct the open storage lot at the Space Plus Facility Commissioner Aguila moved to deny the re uest to change the trees from the Black ~ q Ollvles and that they comply with the preapproved plan. Vice Mayor Matson sec°inded the motion which carried 5-0. 2. Determination tfa nightclub business ts an allowable use In the Industrial land use category and the N-I Zontng District Mr. ~utro made the presentation and stated this is a request by Mr. George Gentile regarding a determination as to whether or not a nightclub is an allo!wable use in the M-1 Zoning District. This use is not addressed in the Comp!rehensive Plan in the Industrial land Use category. The M-1 Zoning Distri doesi~not address nightclub uses. The use does allow adult entertainment ct esta!blishments. Mr. iden arou tion ticu othe Cutr~ beca~ ;utro explained that at the Planning and Development Board meeting, he tified the M-! Zoning Districts as being on High Ridge Road, in the area id Industrial Avenue, the area around Railroad Avenue and neglected to men- the area on the east side of Congress Avenue near Space Place. That par- lar area is the only developable area of M-1 left in the City. All of the areas are almost completely developed. Because of this omission, Mr. feels this should be remanded back to the Planning and Development Board se that omission may change some of the votes of the Board members. 21 MINUTES - REGULAR CITY CON'MISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Mr. Cutro completed his presentation by stating that the Board forwarded this request with a recommendation for approval with a request for a definition of a nightclub. Commissioner Aguila suggested the City Attorney work on the definition of a nightclub while this returns to the Planning and Development Board. George Gentlle~ ~epresenttng ~he ~ppllcant~ said they have no problem with this and they understand the concerns involved. They want to be sure the Planning and Development Board knows about the additional M-1 Zoning District. It was noted that no motion was necessary to remand to the Planning and Development Board. 3. Constder request to extend the tlme 11mit for fllln9 for prelimi- nary plat for Kno11~ood Groves PUD (Southeast corner of Hypoluxo Road and Lawrence Road approximately 800' south of Intersection) Mr. iCutro made the presentation. A modification to the master plan of this development was approved in February of 1991. This approval would have expired on August 15, 1992; however, the owners did apply for an extension prior to that date. The Technical Review Committee reviewed this request and had no comments. At the Planning and Development Board meeting, a decision was made to forward this to the City Commission with a recommendation for approval. commissioner Harmening moved to grant Knollwood Groves PUD a one-year time extension. Commissioner Aguila seconded the motion. Commissioner Aguila clarified that when the extensions come back before the commission, he would like to see if there is anything else the City can get in retulirn for granting the extension. Mayor Weiner feels it is the responsibility of ~he Commissioners to review the prior approval to see if there is anything newlWhich is pertinent. Commissioner Harmening suggested the Commissioners discuss these time extensions with the Planning Department if there are any prob~lems. The motion carried 5-0. Mot1 on Master Plan Modification for the reduction of requirements for 20' ut111ty easement to a 12' ut111ty easement on the east slde of the development (Southeast corner of Lawrence Road and L-19 Canal) Commissioner Harmening moved to find this a minor modification. Commissioner Aguila seconded the motion. Commissioner Harmening said if he had been here at the time the original 60' right-of-way was abandoned, he would have been dead set against this. There is no reason to have a 20' easement when a 12' easement would suffice. Vice Mayor 22 MINUTES - REGULAR CITY COI~4I$SION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Matson agreed and wondered if there was any input from the residents. Mr. Cutro said this is off,site. At some point, it will be necessary to get the road. Until the owner comes in, the City will have to wait. The motion carried 5-0. IX. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 092-51 Re: Authorizing execution of Drug Free Work Place Policy for the City of Boynton Beach Attorney Cherof read Proposed Ordinance No. 092-51 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE I, CHAPTER 2, ADMINISTRATION, BY CREATING A NEW SECTION 2-19 ENTITLED "DRUG FREE WORK PLACE PROGRAM" IN ORDER TO ESTABLISH A DRUG FREE WORK PLACE PROGRAM IN ACCORDANCE WITH THE FLORIDA STATUTES; PROVIDING FOR DEFINITIONS, GENERAL PROCEDURES, POLICY REQUIRE- MENTS, CONFIDENTIALITY; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 2 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 Harmening moved the adoption of Proposed Ordinance No. 092-51 on second reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote was 5-0. Mayor Weiner commended the Commission for approving this Ordinance. She feels this will save the City money in terms of Workers' Compensation and produce a more sober work force. B. Ordinances - 1st Reading; Proposed Ordinance No. 092-53 Re: Abolishing distance require- ments between business establishments selling liquor and other uses Motl on 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. 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; PROVIDNG FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. Vice Mayor Matson moved to approve Proposed Ordinance No. 092-53 on first r ' eadlng. Commissioner Aguila seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote was 5-0. 23 HINUTE$ - REGULAR CITY COMMISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 2. Proposed O~tnance No, 092-54 Re: Rezoning 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. ' ' Vice Mayor Matson moved to approve Proposed Ordinance No. 092-54 on first reading. Commissioner Harmening seconded the motion. Commissioner Aguila pointed out a typographical error in Section 1 where it stakes, "...is hereby rezoned from r-@...". Further, he wondered how the Co~ission would incorporate the condition set forth by the Planning and Development Board with regard to the residence. Attorney Cherof stated that prior to second reading and approval, it is necessary for him to have in hand theiappropriate recordable document. ' ' Commissioner Walshak asked that the American Legion be apprised of this require- ment. Mr. Cutro stated they have already been apprised and a phone call conver- sati?on will be held with them tomorrow to remind them. Attorney Cherof needs to seethe document well before the next meeting. A roll call vote was polled by City Clerk Sue Kruse. The vote was 5'0. C. Resolutions: Proposed Resolution No, R92-188 Re: Water Service Agreement - Royal Manor Mobile Home Park (west of Lawrence Road, along NW 22nd Avenue) Attorney Cherof read Proposed Resolution No. R92-188 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ROYAL MANOR MOBILE HOME PARK, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Commissioner Aguila expressed some confusion because the agenda package indi- cated this is a sewage request, but the agreement says water. City Manager Miller stated Mr. Guidry reviews the water service agreements for both water and seweF. Mr. Guidry stated the City does not have a sewer agreement. If this is approved, the City will negotiate an agreement and bring it back to the Comm~ ss ion. Commissioner Harmening suggested the City go ahead with this and when it comes backii we would be willing to finance at about 8½%. 24 MINUTES - REGULAR CITY COHHISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 #o~lon Commissioner Harmening moved to approve Proposed Resolution No. R92-188. Commissioner Aguila seconded the motion which carried 5-0, 2. Proposed Resolution No, R92-189 Re: Supporting adjustment of 1992 Census for Federal Funding Programs Attorney Cherof read Proposed Resolution No. R92-189 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUPPORT OF THE POSITION ASSUMED BY THE UNITED STATES CONFERENCE OF MAYORS URGING THE BUREAU OF THE CENSUS TO ADOPT OPTION #1 WHICH INCORPORATES INFORMATION FROM THE POST-ENUMERATION SURVEY INTO THE INTERCENSAL POPULATION ESTIMATES AT ALL LEVELS OF GEOGRAPHY. Motlon Commissioner Harmening moved the adoption of Proposed Resolution No. R92-189. Vice Mayor Matson seconded the motion which carried 5-0. -- 3. Proposed Resolution No, R92-190 Re: Recognizing the contribu- tions of City employees in responding to the needs of South Floridians in the aftermath of Hurricane Andrew Attorney Cherof read Proposed Resolution No. R92-190 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RECOGNIZING THE CONTRIBUTIONS OF CITY EMPLOYEES IN RESPONDING TO THE NEEDS OF SOUTH FLORIDIANS IN THE AFTERMATH OF HURRICANE ANDREW, AND COMMENDING THEM FOR THESE EFFORTS ON BEHALF OF ALL CITY OFFICIALS IN FLORIDA. Commissioner Harmening moved the adoption of Proposed Resolution No. R92-190 Vice Mayor Matson seconded the motion which carried 5-0. ' 4. Proposed Resolution No, R92-191 Re: Authorizing execution of a Mutual Aid Agreement between the City of Boynton Beach and the Delray Beach Police Department in the form of law enforcement services/resources in response to emergencies Attorney Cherof read Proposed Resolution No. R92~191 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DELRAY BEACH POLICE DEPARTMENT; PROVIDING AN EFFECTIVE DATE. Mot ten Commissioner Harmening moved the adoption of Proposed Resolution No. R92-191. Comm!ssioner Aguila seconded the motion which carried 5-0, 25 NINUTE$ - REGULAR CITY CONNISSION #EETING BOYNTON BEACH' FLORIDA OCTOBER 20, 1992 Proposed Resolution No. R92-192 Re: Support increasing the distance from 200' to 1,000' for parks and recreational facili- ties and public housing with regard to drug-free school zones Attorney Cherof read Proposed Resolution No. R92-192 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STRONGLY URGING LEGISLATORS TO INCREASE THE DISTANCE REQUIREMENT FOR PARKS AND RECREATION FACILITIES AND PUBLIC HOUSING WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Notlon Commissioner Harmening moved the adoption of Proposed Resolution R92-192. Vice Mayor Matson seconded the motion which carried 5-0. Mayor Weiner asked Mr. Miller to send copies of this Resolution to eachmember of the Palm Beach County Lesiglative Delegation immediately following the elec- tions. 6. Proposed Resolution No, R92-193 Re: Supporting the City of West Palm Beach in urging the Governor and the Florida Legislature to recognize the impact of prostitution on our community and to establish a task force to deal with this illegal activity Attorney Cher°f read Proposed Resolution No. R92-193 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING GOVERNOR CHILES AND THE STATE LEGISLATURE TO APPOINT A TASK FORCE ON PROSTITUTION. Mayor Weiner read Police Memorandum No. 92-192 from Edward Hillery to J. Scott Miller dated October 16, 1992 regarding the law addressing prostitution. Chief Hilliery's memorandum requested consideration and possible action by the City to lobbY for legislation which would make seeking or using the serviCes of a prosltitute {street walker) on a public or private road, a 3rd degree felony or a special exception that would allow the seizing of the vehicle of the "John"., The~vehicle would then be auctioned and the proceeds of the sale would go to a special account maintained by the State. These funds would be earmarked for research or treatment of AIDS. MayOr Weiner agreed with Chief Hillery's suggestion and has always felt that prostitution is a crime involving two people. This is the first time she has seen anything regarding the user. CityiiManager Miller stated that this Resolution will make note that the City of Boyn!ton Beach urges the Legislature to make this a 3rd degree felony as well as instl)tuting a task force. City Manager Miller suggested a section be added that the Legislature make this a 3rd degree felony in its upcoming Legislative sess)ion. Attorney Cherof advised that such a section may be added to the Resolution. 26 #INUTES - REGULAR CITY CONHI$$ION NEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Notion Commissioner Aguila moved the approval of Proposed Resolution No. R92-193 with the added recommendation. Vice Mayor Matson seconded the motion which carried 5-0, 7. Proposed Resolution No, R92-194 Re: Execute agreement between Palm Beach County and the City of Boynton Beach for use and bene- fit of its Community Development Block Grant Program Attorney Cherof read Proposed Resolution No. R92-194 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY TO PROVIDE FOR IMPLEMENTATION OF ACTIVITIES SPECIFIED IN PART II OF SAID. AGREEMENT, ATTACHED AS EXHIBIT "A" REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. #otion Co~issioner Harmening moved the adoption of Proposed Resolution No. R92-194. Co~issioner Aguila seconded the motion which carried 5-0. Proposed Resolution No, R92-195 Re: Authorize execution of the Solid Waste Authority Offer and Acceptance of the State of Florida Department of Environmental Regulation Fifth Year Recycling Grant Program funding allocation Attorney Cherof read Proposed Resolution No. R92-195 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A RECYCLING AND EDUCATION GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Aguila moved to adopt Proposed Resolution No. R92-195. Vice Mayor Mat~pn seconded the motion which 'carried 5-0. 9. Proposed Resolution No, R92-195 Re: Grant of Easement from Boynton Partnership to the City of Boynton Beach {Utility Easement) Attorney Cherof read Proposed Resolution No. R92-196 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF A GRANT OF EASEMENT FROM BOYNTON PARTNERSHIP, LTD. TO THE CITY OF BOYNTON BEACH; A COPY OF SAID EASEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. 27 HINUTES - REGULAR CITY COHHISSION HEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Notlon Commissioner Harmening moved the adoption of Proposed Resolution No. R92-196. Vice Mayor Matson seconded the motion which carried 5-0. 10. Proposed Resolution No, R92-197 Re: Acceptance of a Special Warranty Deed from the Willowbrook Homeowners Association con- veying Meadows Drive to the City of Boynton Beach 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 has been postponed until November 4, 1992. D. Other: None OLD BUSINESS: A. Master plan modification to amend a condltlon regarding the construc- tion of Knuth Road as part of the Tara Oaks PUD ,,,,,,,,,,,,, TABLED City Manager Miller requested this item be left on the table. B. Consider request to apply value of work constructed toward outstanding surety amount - Lawrence Lakes P,U,D, ,,,,,,,,,,, TABLED AttOrney Cherof requested this item be left on the table. C. Request for Proposal - Old Historic Schools Car~ie Parker reported that the Task Force for the Historic Boynton Schools has beed meeting and developed an RFP to go along with the planning grant. The State is reviewing this and will be submitting comments. Ms. iParker specifically directed attention to two areas in the RFP. The first are~ is that the Committee has come up with a laundry list of suggested uses for bot~ buildings. The second thing requiring attention is the method of selecting the iconsultant. It has been recommended that the Task Force sit as the prelimi- nary screening board and interview the consultants, rank the top three and then subniit the names to the Commission. Mayqr Weiner recommended that a workshop meeting be held to determine the uses for )the buildings. It should be a public hearing. Ms. Parker noted that the RFP )contains a requirement that the consultant attend a public workshop. 28 MINUTES - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 Motion Commissioner Aguila moved to proceed with RFPs for the Old Historic SchOol. Vice Mayor Matson seconded the motion which carried 5-0. Ms. Parker reported that the School Board considered the conceptual lease purchase arrangement at their October 14th meeting and passed it unanimously. The City is now working with School Board staff to develop a lease which will be given to the attorneys and then come back to the City Commission and School Board for final approval. XI. NEW BUSINESS: A. Items for discussion requested by Nayor Arltne Wetner 1. Implementation of Murphy-Mayo Report MayOr Weiner would like the City Commission to formally direct the City Manager to !Implement each and every recommendation of the Murphy and Mayo report. Mayor Weiner summarized each recommendation: The first priority must be the hiring of well-qualified black offi- cers using an affirmative action program, if necessary. An improved civilian complaint review process should be implemented. The patrol function should be reorganized to provide friendly, rather than stranger, policing. This has to do with the expansion of the CPO program. Mayor Weiner hopes this will include sensitivity training. 4. Accountability - This has to do with strong leadership in the Police Department. 5. More prestige should be granted to patrol officers. All police officer, supervisor and manager positions in the Police Department should be assessed to determine if police powers are required to perform the function and/or can police powers be logi- cally separated from the function. Where police powers are not required to perform the function, the position should be evaluated to determine if civilian staffing is appropriate. MayOr Weiner read a memorandum from Chief Hillery dated October 16, 1992 wherein he ~tates changes have begun in the Police Department to implement some of the suggestions made by the Murphy/Mayo report. She listed the changes: Consultation with computer software experts that has resulted in designing a program to track citizen complaints by category dispo- sition and by officers involved. This program will address all training given each officer as well as include numerous personnel information that will be used for assignments and assist in promo- tional consideration. 29 HINUTE$ - REGULAR CITY CO/4MI$SION NEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1992 e e ® Investigation of all citizen complaints is now conducted by Internal Affairs. The complaint now goes directly to the Chief of Police for review, then directly to Internal Affairs for processing. The Police Chief has met on several occasions with the City Manager and Personnel Director. The meetings have resulted in proposed changes in the City's process of hiring Police Officers. Several Afro-American police prospects have been identified by the Police Department and turned over to the City Personnel Office in the hopes that the above-mentioned changes will be adopted and their addition to the ranks will be soon. 5. Voice stress testing of applicants has been discontinued. Now .polygraph tests will be administered by an outside entity. Commissioner Harmening feels other considerations are necessary. At the top of Page 11 of the report, it states that Police legal advisors provide valuable assistance to the Chief concerning discrimination in hiring, personnel, admi- nistration, etc. He would like to see the Police Department have their own separate criminal attorney working in the Department and only subservient to the City Attorney who should not be directly involved unless a conflict develops. Funds for this could be taken from Confiscated Funds. City Manager Miller reported that he spoke with Messrs. Murphy and Mayo about this possibility. Funds are available in the budget to put'a person on a retainer basis. Commissioner Harmening thinks this should be a full-time employee. Commissioner Harmening said Delray, West Palm Beach and Boca Raton have such a person on staff. There are many uses for this position. In response to Commissioner Aguila's question, Commissioner Harmening believes there will be enough work to keep that person busy. Further, he could work on revising and reviewing all of the Police procedures. Commissioner Aguila feels more information is necessary before a decision is made. Vice Mayor Hatson is not comfortable with this suggestion. MOtiOn Commissioner Aguila moved to direct the City Manager to move ahead with the impli~mentation of everything in the report including sensitivity training.. Commissioner Walshak seconded the motion which carried 5-0. Mr. Miller will provide periodic reports on progress. 2. Alternate positions to all advisory boards Mayor Weiner realized that an Alternate position is necessary for the Nuisance Abatement Board. City Manager Miller advised that an Ordinance is necessary which will make sure there is an Alternate position on all City boards. Motion Vice Mayor Matson moved to direct the City Attorney to draft an Ordinance to make certain there is an Alternate position on all City Boards. Commissioner Aguila seconded the motion which carried 5-0. 30 HINUTE$ - REGULAR CITY COMMISSION NEETING BOYHTON BEACH, FLORIDA OCTOBER 20, 1992 B. Items for discussion requested by Vlce H~yor I~ynne Hatson i. Report on Intergover~ntal RelatiOns C~mlttee - Florida League of Ctttes Vice Mayor Matson said she attended an Intergovernmental Relations Committee meeting in Tampa. She brought the copies of the Resolution passed by the Commission with regard to increasing the distance from 200' from 1,000' for public housing and parks and recreational facilities with regard to drug-free school zones. This Resolution met with great favor. This will appear on the priority statement for the Legislative session in Tallahassee in November. Every Commissioner and elected official at the meeting said they will present this Resolution to their City Commissions. Hopefully, we will receive support from thirty cities. C. Items for discussion requested by Conmlssloner Bob Walshak 1. Change allowable tonage from3/4 to I ton for pickup trucks allowed In residential areas Commissioner Walshak reported that two months ago he began receiving phone calls on the allowable pickup trucks in residential areas. Discussions were held then and since that time, he has visited between ten and fifteen places throughout the City to determine who is affected other than tow truck owners. He stated that many people have one ton pickup trucks and under the current Ordinance, they are in violation of the law. Many of the people with these trucks conduct business from their vehicles. Visually, it is impossible to tell the difference between a 3/4 ton pick up and a one ton pickup except that a one ton may have dual wheels. He suggested changing the Ordinance from 3/4 tons to one ton. Commissioner Aguila met with someone who knows about trucks and drove around the City with him. He took photos of the different trucks he viewed which showed there was very little difference in size between the 3/4 ton truck and the one ton truck. In one case, the photo showed that the 3/4 ton truck was larger in size than the one ton truck. The Ordinance is hurting many working people. He feels the Ordinance is unenforceable and unrealistic. Motion Commissioner Aguila moved to change the Code Section that increases the allowable trucks in the residential area from 3/4 of a ton to one ton. Commissioner Walshak seconded the motion. Commissioner Harmening was agreeable with one ton. Vice Mayor Matson said this would not be enforceable where there are homeowners associations. The motion carried 4-1. (Mayor Weiner cast the dissenting vote.) D. Establlshment of an Adopt-A-Street Program for Boynton Beach spon- sored by the Chamber of Commerce This discussion was moved up on the agenda. See Pages 17 and 18. 31 HINUTE$ - REGULARCITY COHHI$SION NEETING BOYNTOH BEACH, FLORIDA OCTOBER 20, 1992 XII. None. XIII. None XIV. CITY HANAGER'$ REPORT: OTHER: ADJOURNMENT There being no further business to come before the Commission, the meeting pro- perly adjourned at 10:30 p.m. ATTEST: THE CITY OF BOYNTON BEACH / Mayor Vi ce Mayor Commissioner P~o!rd ing Secretary (Four Tapes) ~ '~ Commi ssioner /~/xx Commi ssi oner 32 F ck V. Murphy :hairman of the Board MURPHY, MAYO AND ASSOCIATES, INC. 5200 Leeward Lane, Suite 101, Alexandria, Virginia 22310 Phone: (703) 971-7935 Fax: (703) 922-7236 Louis A. Mayo, Ph.D. President September 17, 2992 Mr. Scott Miller City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton, Beach, Florida 33435 Dear Mr. Miller= In accordance with our agreement, I am submitting the final copy of our report, -&ssessment of Police Department Status Regarding Race and Sex Discrimination". I will telephone you of Mr. Murphy's arrival time on Monday September 21, to present the report to the City Commission. It is OUr pleasure to be of continuing assistance to the City of Boynton Beach. Sincerely, /"'"~,/71 Louis /~. Mayo, Ph.D,/ President enclosure RECEIVED ~.,t'I~ MANAGER'S OFfiCE Solving Problems for Police: Administration, Management and Operations BOYNTON BE~CH ASSESSHENT The arbitrator had been Boynton Beach Police Department is in turmoil. ~n has ordered the restoration to duty of an officer who dismissed for behavior that seriously discredited the The number of population and suffers criminal victimization, ~merican. Labor-management entire police force and frightened the community. Black community is grossly underrepresented in the officers. &1though it constitutes 26% of the a disproportionately large share of only 2.4% of the officers are afro- relations are severely strained. Large numbers of officers have expressed a lack of confidence in the leadership of top management. ~ divisive conflict exists between the Chief and the police officers' union president. As in many urban police departments, the relationship between most patrol officers in low inCOme residential areas and the people they protect is generally counter-productive. This is not unique to Bo~nton Beach. It is a stranger relationship rather than a friendly partnership. It resembles the methods of a police state more than those that are essential in a democratic society. neighborhood officer protection of less The critical importance of having a with individual responsibility for the than 1,000 residents is not understood in Boynton society. that they effective Beach. The police are the seed of a democratic Their role is to assist the people. They must believe derive their power from the people and are most when they join the law abiding citizens in protecting -2- their homes and streets. Even in the highest crime beats more than 90% of the people are law abiding. & cursory investigation of the problem, during a week of interviews and document examinations in Boynton Beach, has revealed a number of deficiencies in police management, as discussed in the -Conclusions". Discrimination an entrenched nor commended the dedication and have been both. In based on race, religion or sex is neither widespread problem. Every interviewee vast majority of officers for their courage, compassion toward all citizens. & small number anonymously accused of racism/sexism or brutality or fairness to the overwhelming numbers of professional officers who function as members of an honorable vocation those who violate their trust must be cut out like a cancer. Chief Hillery his tenure as its improve its racial regard. The police that can be has vastly improved the Department during chief executive officer. He has worked to representativeness but has failed in that management believes that it has done all done within its fiscal constraints. That is incorrect. The role of the Personnel Office, Which has primary responsibility for hiring, is critical. It should identify methods that have succeeded in other jurisdictions and bring them to Boynton Beach. Creative approaches have been successful across the nation in cities of every population range. Nationally, the number of black officers is more than 75% representative of black persons in the general population. In Boynton Beach, the percentage is 9. & major effort to recruit Black candidates requires close coordination between the -3- Personnel and Police Departments. Amending the Civil Service Rules may be necessary to create an affirmative action plan, because of the current "selection rule of 3". To have a free society, the police must come from all the people. Chief Hillery, like United States is severely insularity and inbreeding agencies. The failure of systemize policing country on earth incarceration. Inbreeding Solutions to many which years largely has They other able, dedicated chiefs in the handicapped by the fragmentation, of a non-system of more than 17,000 Federal and state governments to explains why the wealthiest, freest the highest rates of crime and narrows the vision problems, including have been implemented in other are unknown to well meaning, hard working administrators. regularly attempt to "reinvent the wheel". This is part of of police management. minority recruitment, jurisdictions for many the problem in Boynton Beach. Flaws in organization and management are the underlying cause of the various problems of discrimination more than improper motives or inefficiency, some ignored. These !1 ~ · II Reco endatxons .. racism. Those flaws result in waste and principles of modern police management are are discussed in "Conclusions" and & very small investment to improve leadership, management and organization could correct the Department's problems in a relatively short period of time. A fraction of 1% of the annual budget could purchase solutions worth many times the cost. REPORT TO C~TY OF BOYHTON BEACH ~E~IiBHT OF POLXCE DEPARTHENT STATUS REGARDING RACE AND SEX D~SCR~H~N~T~ON 8UBHITTED TO I.[R. SCOTT H~LLER CITY HAN'AGER 8EPTF, HBER 3.7; 2.992 HUBM~TTED BY MURPHY; NAYO AND ASSOCIATES, ZNC. 5200 LEEWARD LANE, SUITE #~0~ ALBXI]fDR~A~ V~RGZN~& 223~0 T~BLE OF CONTENTS IV V Summ&~y INTRODUCTION .................................. B~CKGROUND OF THE STUDY ....................... FINDINGS ...................................... CONCLUSIONS ................................... 9 RECOI~llEND~TIONS ................................ I. INTRODUCTION The tattooed on The thought the United enforce all revelation that a police officer had a swastika his ankle distressed the citizens of Boynton Beach. of an officer sworn to uphold the Constitution of States, preserve the rights of every person, equally laws and protect all people, displaying on his body the despised symboI of oppression and persecution, generated feelings of contempt, disgust and fear. The ability to receive ague1 treatment from the police is ~ependent on the values and principles held by police officers. The shock that accompanied a sense of betrayal was felt especially hard by residents who are holocaust survivors. Many more who have lost family members in the cruelest persecution of the millennium were sickened by the spectre of a police officer a~miring the monstrous deeds mind. The notion that such more than a prank is insulting. person tragedy totally unacceptable a sacred trust. The traumatic people of mistreatment suffered a through two years of inequality today continue the sad story of racial injustice. spawned by Hitler's diabolical behavior could amount to nothing It disgusted every reasonable who was made aware of it. To make light of the profound symbolized by the swastika evinces an immaturity that is for a police officer who society has given affront endured by one segment of the Boynton Beach has focused attention on the of another. Black people in the United States have long history of discrimination and oppression hundred years of slavery, and one hundred segregation. S°oial discrimination and economic II. BACKGROUND OF THIS STUDY This assessment of issues about discrimination in the Boynton Beach Police Department was occasioned by the concern of City Officials raised by testimony in the dismissal arbitration of Police Officer Demarest. Ho was terminated for conduct unbecoming an officer and bringing disrespect upon the Police Department, by having a swastika tattooed on his ankle with the initials and parole date for the infamous Charles Hanson, 92". During this hearing, testimony was received alleging other practices in the Police Department indicating discrimination against Blacks as well as insensitivities towards Jewish persons; In the allegations of police against Concerns raised Demarest testimony there were numerous a pattern of discriminatory practices by the Black persons. This upset many Black citizens. involved: few Black officers, few applicants because of a perception that Black Officers are not welcome in the Boynton Beach Police Department, specific verbal and physical acts against Black citizens by officers, and failure of management in the Police Department to both prevent these discriminator~ acts and take appropriate corrective action when they complaints harassment occur. Black citizens expressed hesitation to file concerning police misconduct, because of both fear of and the belief that charges would not be properly investigated. -2- -3- The consultants spent one week on-site, interviewing and examining relevant data and documents. This phase of the contract was performed during the week of &ugust 31 - September 5, 1992. Interviews included community leaders, and City Officials among them the Mayor, Vice Mayor, Commissioner Havening, City Manager, City Personnel Manager, &ssistant Personnel Manager, Risk Manager, and City Attorney. Police Officials included all persons with' rank of captain and above, the union president, and a sample of lieutenants, sergeants and white male police officers. ~11 female and minority police officers were interviewed. Observations were made in the Northeast SectOr by riding in patrol cars at night. Documents reviewed included the Police Manual of Standard Operating Procedures and Policies (including the revised policy against employee harassment), data for the last three years pertaining to recruitment, selection, discipline and attrition, and comparative minority hiring data police departments. The report of (sponsored by the Community Relations for nearby comparable the 1988 Task Force Service of the U.S. Department of Justice) concerning minority issues was reviewed. Florida Law was reviewed pertaining to "Law Enforcement Bill of Rights" and ,,Discrimination in the Treatment of Persons". The summary of the City Commission meeting of June 11, 1992 which included citizens' presentations concerning discrimination issues was studied. Extensive review wasmade of the transcript of the Officer Demarest arbitration hearing. Pre-service and in- -4- service training curricula pertaining to issues of police relations with minority cultures were reviewed. Police Department organization, staffing and scheduling documents were also reviewed. &fret regular hours, as a courtesy, Dr. Mayo provided a consultation with the Police Chief regarding a new police automobile pursuit policy. The findings, conclusions a~d recommendations from this review are set forth in the following section. The consultants Mr. Patrick V. Murphy and Dr. Louis &. Mayo wish to express their appreciation for the excellent cooperation received from all persons contacted during the on-site phase of this contract. There was not time, nor authority, to investigate the wide variety of allegations made concerning discrimination. However, the perceptions are a reality that the Police Department cannot ignore. If minorities believe that the Police Department discriminates against Black employees, few may apply to become police officers. If police officers believe that some acts of · discrimination will not be corrected by the Department, they will behave accordingly. If the minority citizens believe that complaints of discriminatory police actions will not be fully pursued by the Police Department, many will not file complaints which they deem fully justified. The Department denigrates itself if it fails to inform the community to the contrary. Unfortunately, many police departments do a poor job in communicating to the public their many positive Recommendations for improvement in Boynton Beach effectively achievements. are listed. The findings are in three main areas: (1) Foremost, minority hiring is unsatisfactory. The Police Department has only $ Black Police Officers, but would have 33 to be proportional to the black population of 26%. The selection process involves a series of tests~ written, agility, psychological, lie detector (voice stress) and oral interview, in addition to a background investigation. Only one -5- -6- where white applicants. of black applicants. revealed that Blacks 16.7% XX.?% cases Black applicant has failed the oral board in recent years. In addition to very few Black applicants recruited, adverse discriminatory selection processes appear to be the written exam applicants pass rate is 69% vs. 39% for Black A representative of the City Personnel Office detector" test fails substantial numbers Subsequent data for 19S9 to present have failed the voice stress exam at the rate (3 out of 18) and white applicants have failed at the rate (16 out of 137), a difference of 40%. In two recent Black applicants failed the voice stress exam but were referred to a prominent polygraph examiner by the City Personnel Office. Both passed the polygraph exam. The Police Chief stated that "lie detector" exams are used because the City does not have resources to conduct full background investigations, particularly for the many applicants formerly employed by northern police departments. Efforts to obtain detailed valid information from those police departments concerning an officer's departure have been unsuccessful. Some are reported to have "resigned" when the resignation was, in fact, in lieu of dismissal. because polyqraphy exams expensive. The voice-stress analyzer is used were discontinued as being too Beach. have officers. Some Black police officers in other Cities live in Boynton Nearby cities such as West Palm Beach and Delray Beach hired substantial numbers (15%) of Black police (See Figures I and 2) -6a- FIGURE 1 · SWORN OFFICERS BY ETHNICITY FOR SELECTED CITY POLICE DEP~RTMENTH IN PALM BBACH COUNTY, FLORIDA (1992) Percent 80.0 60.0 40.0 20.0 0.0 2% BoFnton Beach 85% 85% Delray Beach W.Pal~Beach 59% 41% Riviera Beach 94% Boca Eaton WHITE ~Blaok source: Delray Beach Police Survey an4 'Boynton Beach Data. high officers The percentage of white officers in these four cities range from of 98% in BoFnton Beach to a low of 59% in Riviera Beach. Black range from 2% in Bo~nton Beach to 41% in Rivera Beach. -6b- FIGURE 2 ETHNIC REPRESENTATIVENESS OF 8WORN OFFICER8 FOR BELECTED CITY POLICE DEPARTllEI~8 IN pA~t~[ BEACH COUlqTY, FLORID& (~992) Index Ratio Boynton Beach Dalray Beach W.Palm Beach Riviera Beach Boca Raton ~Blaok Sc_Joe= Delray Beach Police Survey and Boynton Beach Data. Note: Ethnic representativeness is computed by dividing the percentage of sworn police officers vho belong to a given ethnic group by the percentage of the general populaion for that group. -7- ~=ing January, separated training assigned to operations. the recent three year period, ending in 1992 four black officers have been hired, but 2 were during their probationary period; one failed the academy and one failed to perform satisfactorily when (see Figures 3 and4) Figure 3~ Recruit/Selection Processes~ Jan.'S9 - Jan.'92 WHITE APPLICANTS PASS WRITTEN PAss AGILITY HIRED 312 BLACK APPLICANTS 226(69%) 245(67%)* 14 46 ~8 (39%) 24(77%)* 4 *Percent passing agility who previously passed written exam. Figure 4~ Attrition~ September 1989 to April 1992 RETIRED RESIGNED TERMINATED FAILED PROB. RET.DIS~%BILITY WHITE 2 10 5 2 2 BLACK 1 1 0 2 0 The written replace purchased from is defective, impact. State of Florida will issue a State-wide standard test for police officers in July 1993, which will the current written test used by Boynton Beach, which is a national testing company. If the current test its replacement may reduce the disparit racial -8- (2) Procedures for citizens to file and process complaints of discriminato~ or other improper police conduct are inadequate. Home Black citizens are reported to hesitate to £ile complaints which they foel to bo ~usti£ied. & review of the Standard Oparatin~ Procedure Manual found no S.O.P. for prescribing methods for receiving and processing citizen complaints through Internal Affairs. Several of the police personnel interviewed stated that they perceive that frequently citizens desire to but do not file complaints, and they did not know of any prescribed procedure for handling citizen complaints. Subsequently, the Chief stated that the Department uses the model H.O.P. from the Xnternational Association o£ Chiefs of Police, even though it was not found in a diligent search of the 8.O.P. Manual for the Department by one of the consultants. (3) Testimony du~ing the Demarest arbitration hearing by superiors as well as police officers indicated a continuing pattern of racial slurs by some'sworn personnel. Management's response was not strong enough to convince personnel that such misconduct would result in the serious discipline it warranted. Police personnel interviewed by the consultants corroborated the problem of racial slurs in the Department. IV. CONCLUSIONS (1) Minority Hiring The City is vulnerable to a Federal civil rights law suit because of the very few minority and female police officers. The City has approached the voluntar~ consent decree, To be fully representative, Black officers or 33, an officers or 2%. The City flexibility now. Otherwise, requirements for solving it. as West palm Beach and numbers of Black Police done. U.8. Department of Justice for a Unfortunately, that is not possible. Boynton Beach should have about 26% increase of 30, in contrast to. 3 can correct this problem with a Federal Court may dictate the The fact that nearby cities such Delray Beach have hired substantial Officers is proof that this can be The use of the voice stress analyzer on all applicants is inappropriate. Any form of "'lie detection" for job applicants is forbidden by Federal law because a machine cannot determine whether a person being examined is lying. The qualifications for interpretation by the test administrator is also a factor. An exception is made for F.B.I. does not administer 'Agent applicants, unless law enforcement agencies, but the a ""lie detector'" exam to Special necessary to resolve a question The voice stress investigative leads, The voice stress screening in any developed analyzer is useful to which may be found to analyzer -should not be case. in the .background investigation. produce criminal be valid or invalid. used for applicant -9- -10- With adequate achieve significant increases done in nearby cities. They methods of success. recruitment, the City should be able to in Black officers, as has been should be consulted for their (2) Citizen Complaint Process Some Black citizens feel intimidated and hesitate to file complaints. There needs to be a more open process for citizens to file complaints, supported by the Chief, to insure that improper acts by officers, including discrimination, are known - and as a general indicator to tho Chief of citizen dissatisfaction with the quality of police services. The current alternative of filing complaints with the City Manager should continue. (See additional recommendations) (3) &ccountability/Internal ~ffairs Procedures There is no "early warning" file which would alert the Police Chief to an officer with a high n-m~er of complaints, possibly requiring corrective action, before a serious incident occurs. Information was received that a computer had been requested to create an "early warning file". This would be desirable, but a manual file would suffice, in the interim, for a department the size of Boynton Beach. -11- Police legal advisers provide valuable assistance to chiefs concerning discrimination and performance. However, Beach, it is difficult in hiring, personnel administration for a Department the size of Boynton to justify a full time position. One attorney should be designated to perform this function on a part time basis, either from the City &ttorney,s Office or other law organization. (4) Systems Management Issues This contract was for a discrimination, not a general certain effect coverage is specialized specific narrow inquiry into management study. However, management practices were analyzed to determine their on productivity and communit~ satisfaction. Patrol similar around the clock. (There are additional units on the day and evening shifts but they do not normally function of on midnight shift. The revised. answer calls for service.) Staffing should be a workload and this means a ratio of about X officer for 2 officers on day for 3 officers on the evening current plan results in waste. It should be The current ratio of about 2.6 Officers per 1,000 population is more than 35% above the national average of 1.? for similar size cities (1.9 for southern cities), according to the F.B.I. Uniform Crime Reports. & civilian personnel ratio of 24 of 149 employees (17%) is low by national standards. The average is about 24%, according to the Bureau of Justice Statistics. (Some -12- police Where as well or better than costs. $. Bummary of conclusions. Weaknesses in police contribute to departments have as high as 40% civilian employees.) police powers are not required, civilians normally perform police officers and at lower problems of£icers to five every with can problems be traced organization and concerning discrimination. to organizational flaws. management Many police City patrol are organized for rapid response. They ars dispatched or more calls where they are not ~mmediately needed for one where they are. It leaves little time for interaction residents'. The traditional police organization, including Boynton Beach, is not supportive of effective order maintenance and crime prevention, because the fundamental ingredient is missing - community confidence, cooperation and support. The police cannot maintain order and prevent crime alone, but the traditional police organization is based on this false assumption. This also increases problems of real and perceived discrimination between the police and the citizens. Boynton Beach Public Crime Police Department has some community programs; e.g., DARE, Education, Juvenile First Offender, Communit~ Police and Prevention. They plan to expand these programs, but they - rather than an integrated essential part of are auxiliary to patrol operations. -13- American policing is uniquely local. It has not been systemized. It is a fragmented, insular non-system. There are more than 17,000 agencies. another. The exchange intelligence is severely limited. department almost without exception. American policing has been responsibility is to prevent crime. They are extremely isolated from one of ideas, policies and criminal Careers are confined to one unsuccessful. It's first Yet, the United States has the highest rates of crime and incarceration in the industrial world, although it is the wealthiest nation. Thousands of citizens who should be contributing to the economy are & drain on it, being supported by tax dollars while in prison. The police have misunderstood their role. They have attempted to accomplish their mission independently with minimal community involvement. They are dispatched to too man~ calls rather than meeting with people, as is the case in Boynton Beach. It is a policy that reveals & fundemental misperception of the proper relationship between the police and the people in any democratic society. It is a cardinal principle of democratic societies that ultimate responsibilit~ for peace, good order and law observance rests with the community of citizens of that society, not with an organized police force. Perceived or actual discrimination in police interaction with Black communit2 members destroys the trust and confidence that are essential if police are to help achieve peace in the community. Without such trust and confidence, the police are almost powerless to maintain order. When Sir Robert Peel Police in L829, he issued including, '"The police are founded the London Hetropolitan several principles of policing the public and the public are the police"" and "'The effectiveness of the Police in preventing cr~Jae is primarily a function of the level of cooperation and support received from the citizens"". Dr. Lee Brown, former New York City Police Commissioner states that effective peace keeping and cr4me prevention requires that the police be a part of the community, not apart from the community. There is a proven organizational model for implementing these principles of policing called "Community Based Policing'". The ideal form of this is called "'Cop of the Block"". The F.B.I. Law Enforcement Bulletin of ~uly L99L describes this police organization structure. It brings together the police and the community to work together as a single integrated unit. The police department is decentralized into a series of communities, each no larger than 10,000 population, with a group of officers semi-permanently assigned for authority, responsibil- ity and accountability concerning almost all police issues in their area. The police work on a collaborative basis with the members of the communit~, acting more as co-~unity resource managers than direct service providers. Most centralized/specialized units in the police department are eliminated or reduced in size because most functions become the responsibility of the community units. ~n -15- ideal In this, by the officer households, community. acquainted with extension of this concept is called "Cop of the Block". the community of about lO,O00 population is subdivided number of being responsible in addition to The officer is all members police officers assigned, resultlng in each for liaison with about 300 his regular duties throughout tho responsible to become personally of these households and generally handle their non-emergency needs for police services. - The Police Chief has stated that the goals and objectives for the Police Department plan address many of the above issues. The consultants did not have an opportunity to review this plan. V. RECOIOfEND&TI ON8 The Department does not possess the internal capacity to accomplish the fundamental changes required to correct its serious problems most expeditiously and least painfully. Its leaders are capable, honest and diligent. They have, however, been isolated from the most progressive developments in a field that has changed rapidly and d~namioally since the first Los Angels riot in Watts 27 years ago. The fragmented, insular, unprofessional non-system of policing in America will be unable to adequately address the ovez~helminq problems of violent crime and drug abuse it confronts untiI the Federal and stats governments provide a back- up support structure of standards, coordination, planning, goals, training, manaqament exchange programs, technical assistance and research. Hors than X00 officers a year will continue to make the supreme sacrifice in protecting the people they serve until political rhetoric about crime and drugs in Washington and the state capitols is replaced by acceptance responsibility to assist local officers on the front line. The citizens of Bo~nton Beach are blessed with more than 100 courageous, dedicated officers who daily stand between them and the cr£minals. They and their leaders can transform the Department from on~ with frustrating problems to a state-of-the- art agency within the outside. The single officer. a year with highly qualified assistance from cost would be modest, less than that of a -17- RECOMMEND&TION ONE The first black officers necessary. The priority must be the hiring o£ well qualified using an affirmative action program, if goal should be the equivalent of what has been set by the federal courts across the countr~ when the matter has been brought under their jurisdiction. It will be more pleasant to accomplish it voluntarily than to have to toe the mark imposed from above. ~ high ranking officer should be assigned the responsibility, possibly on a full time basis, to accomplish this basic mission. The soiutions are already available among the other 17,000 departments. Good research can locate them in a relatively short period of time. The foundation is a strong recruiting advertising program with publicity featuring the Chief's strong desire to hire well qualified Black officers, directed to both all the general media and specifically to the Black oriented newspapers and radio stations. The Chief should personally deliver this message to Black community organizations, and Personal visits to appearances, as well be beneficial. The service - especially enlist the aid of Black community leaders. Black colleges, both for personal as the radio station and newspaper should primary role of the police as a public to the Black community - as well as plans to give community police officers strong professional responsibility as resource managers under the anticipated "Cop of the Block" re-organization should be emphasized as appealing to professional college graduates. The Bo~nton Beach police salary is very competitive with other opportunities for college graduates, particularly with current high unempio~ent. The new entry examination being developed by the State of Florida for local governments may provide much of the answer. The widely used Law Enforcement Candidate exam, developed under the sponsorship of the United States Department of ~ustice, has overcome the proble~ of test that are not ~ob related in many ~urisdictions. &ll of the testing process should be monitored for any adverse minority discrimination factor that is not ~ob performance related. For reasons stated in the 'eConclusionset, the use of the voice stress analyzer to screen applicants should be eliminated, and any other rolm o£ "lie detectort~ should not be used to screen all applicants for the position of police officer. It is false economy to skimp on background investigations. No one should be given the power until thoroughly investigated. RECOIO~END&TION TWO ~n improved implemented. It civilian should be and discretion of a police officer complaint review process should be modeled on the best in the country with an impressive track record. The International &ssociation for Civilian Oversight of Law Enforcement will gladly furnish assistance in identifying a highly effective system. -19- Citizens should be able to file misconduct complaints with a minimal effort by phone, mail or in person. Anonymous complaints should be accepted. & central record should be made of all complaints. _Investigations should be conducted expeditiously. Known complainants should be advised of the final disposition without delay. A disposition should be recorded for every complaint. A person or persons from outside the Department should participate in resolving cases. ~ RECOMMENDATION THREE The friendly, patrol be based on the Experiment no significant impact effectiveness is the function should be reorganized to provide than stranger, poiicinq. The structure should findings of the Kansas City Preventive Patrol which found that visible patroling in marked cars has officers village closely member responsible serve the officer" is for its prOtection. Although other area when its well known, friendly "urban off duty, responsibility for relating most with the community is unambiguously assigned to a single of its neighborhood police teem. The teem is headed by a sergeant, the "neighborhood chief of police',, and consists of 5- 10 generalist patrol officers (GPOs) who respond to emergency calls around the clock. officer neighborhood (less than 1,000 population) community and a single on the prevention of crime. The key to relationship between a small village size -20- the The current assignment of communit2 police officers outside generalist patrol operation reflects a misperception of the every patrol officer to be a policing is not a specialization. democratic - as distinguished need for Community omega of community officer. Xt is the alpha and from authoritarian - policing. The consultants Police Chief of plans to Program City wide. This were subsequently informed by the expand the Community Police Officer is desirable, if it becomes the foundation for patrol operations, rather than separate in tho Administration Division as currently organized. Every thousand residents of Boynton Beach deserve their own officer. Ever~ GPO deserves her/his own protectorate to assist in making, or keeping, its home and streets safe. Such an arrangement permits tho officer to become a more professional person - a leader, manager, pla~er, coordinator, counselor and role mods1. In partnership with a community of manageable size an officer can become more effective in preventing crime as well as arresting an4 convicting drug pushers and other criminals, especially those who resort to violence. Mobilizing the eyes, ears and influence of the people will contribute to the identification of offenders. Officer morale will increase with a sense of greater accomplishment'. The Police Chief stated that the Crime Watch program is aimed in this direction. is an auxiliar~ program, not an integral part operations. However, it of patrol RECOMMENDATION FOUR Every police earns the loyalty streets night and department requires strong leadership that of the courageous officers who take to the- day around the clock to protect life and property. them vigorously as union leader can permitted, required a chief Officers are entitled to an organization to represent employees. Tensions between understandably occur. They however, to weaken th~ control and in a quasi-military organization. must hold every supervisor a chief and cannot be discipline To lead successfully and manager strictly accountable of every sergeant, Employees for the performance, maturity and fitness for duty officer for whom one is responsible. The role of the as the closest supervisor of an officer, is critical. requiring counseling or treatment must receive prompt and adequate however, doubts the safety of enormous powers assistance to a reasonable degree, at all times, must be resolved in favor of the Department and the people. ~u armed officer invested with and broad discretion cannot be allowed to function with such awesome authority when unqualified for duty. Due consideration must be given to tho risks involved when an officer With police powers is off duty. The law is clear, as stated by the Demarest case arbitrator that police officers have a higher level of responsibility and constraint than ordinary citizens. officer to permitted, every Conduct that diminishes the credibility of a police fully and faithfully perform his duties cannot be even if the officer is 'toff duty", accountability at level of control should be more carefully defined and -22- imposed. For any should be a review negligence contributed discrimination. RECOMMENDATION FIVE subordinate charged to determine if to the offense. with misconduct, there supervisory/management This includes acts of powers are powers be powers are should be appropriate. Sworn employees average is civilian required to perform the function and/or can police logically separated from the function. Where police not required to perform the function, the position evaluated to determine if civilian staffing is Department's racial balance, but this emphasis on hiring Black police officers. officer positions should be replaced with civilian as expeditiously as possible until the national achieved. If carefully pl&~ed, the hiring of ten replacements could significantly improve the should not reduce the Like many others, the Bo~nton Beach Police Department seems to grant less prestige to patrol officers than detectives. Some of the most progressive departments recognize the logic of granting the officers who relate equivalent, or even superior, status. carefully researched with a view to permitting outstanding "urban rill&ge" monetary and other rewards while continuing to perform the most important and difficult job in the Department. RECOMMENDATION SIX all police officer, supervisor and manager positions in the Police Department should be assessed to determine if police most closely to the people, Tho issue should be long term planning officers to receive Weiner: Matson: Aguila: Weiner: Matson: Weiner: Matson: Aguila: Matson: Weiner: Aguila: Matson: Aguila: Matson: Aguila: Matson: AgUila: Matison: Wei~ner: AgUila: Wei!ner: Aguila: Weiner: Matson: Weiner: Aguila: VERBATIM EXCERPT OF CITY COMMISSION MEETING OF OCTOBER 20, 1992 REQUESTED BY COMMISSIONER ROBERT WALSHAK We have a public hearing referenced to an impasse to a collective bargaining agreement. Madam Mayor, may, I made a, my item was supposed to be under Five B instead of Six C. So after the O.K. Yeah. Fi ve B. Right. So flip B with C. Right. We have Vice Mayor Matson's trip to Tallahassee. We'll do that after A. Right. Madam Mayor, we'll do the impasse conversation now. Then we'll do No no. Vice Mayor Matson next. No And then No. The impasse is gonna take a long time. No no. Oh I see Vi ce Mayor I misunderstood. Are you up next? Right. O.K. I misunderstood. - 1 - Matson: Sorry. I said it wrong. I'm going to try to be as brief as possible and take maybe no more than fifteen minutes. There's been a lot of articles in the newspaper recently about harrassment in the work place and I would first like to pass out to my fellow Commissioners an article from March of 1991 where I had asked for, even before I was sworn into office, the newspapers call you and ask what you agenda is and one of the items on my agenda was to con- solidate Planning and Zoning Board with the Community Appearance Board and another one was to remove Code Enforcement and Occupational Licensing from the Building Department. The date of the article, as I said, is March of 1991. The date will be signifi- cant and you'll understand why in a little while. I opened up my mail last November. It was about week before Thanksgiving and there was a brown envelope from Tallahassee and I assumed that it was from the Florida League of Cities because I'm on one of their committees. And then when I opened up the brown envelope, inside was a second brown envelope which said personal and confidential. And I couldn't understand what they would send to me that was personal and con- fidential and when I opened it, I almost passed out because in the mail was a letter from Tallahassee stating that an ethics complaint had been filed against me and against Scott Miller. Never being an elected official before, never being around government, I didn't know what it meant. Wilfred Hawkins was in the room at the time that it happened and I said Wilfred, what is this. I don't understand and he said well it's very serious. And I went to Scott Miller the next day and I said what am I suppose to do about this, what does it mean, and he said you need to get an attorney. Well I got an attorney. When I showed the complaint to my attorney, he couldn't figure out what the complaint was all about because it said nothing. But I was advised to document things that had happened chronologically since I came into office and when I did that,.there appeared a pattern, a pattern of harrassment and disparity showing difference between the way this female Commissioner was treated and the way male Commissioners were treated by this Building Official who filed a complaint against me. The reason this was filed was so that I would not win my election. It was timed to come out before the election. It was filed in November. Obviously the Building Official did not know that Tallahassee was very backed up and this investigation didn't even start until this June. This person told someone very high up in the administration that if I got elected I wouldn't be around very long because he knew how to fight dirty. Well, this is the proof of it. For nine months I have been harrassed by several people in the City. This person would pass me in the hallway and say "you're history". Another employee would stand outside with the smokers, saying, ,'you're gonna be forced to resign or go down in flames. Well, I'm telling everybody right now - this Vice Mayor is not going down in flames. When she finishes and when she is not elected any longer by the residents, she will go out in a blaze of glory. I've had to work very hard with this hanging over my head. I couldn't speak about it. I have had to be an extremely effective Commissioner while this happened. I could not let it render me impotent. I had to run an election with this over my head. This has destroyed some of my family because my sister, my twenty-nine year old sister who knows nothing of politics was named in the complaint because she worked for five months for an architect in this City. There are many civil suits coming out of -2- this. There is also, I amalso investigating criminal charges because confidentiality was wai¥~di~ TwO newspaper reporters told me that they knew about this and as of directions from the Ethics Commission, nobody was supposed to talk about that until today. I'm talking about it and I'm talking about it now. I've met with some newspapers today, cut myself wide open and bleeding and gave them everything I've got because I've got nothing to hide. I gave them all my documentation. I gave them the report of the investigator. I gave them the advocate's report. The State Attorney General's Office found no probable cause. Scott Miller and I had to go to Tallahassee last week for two days. We went before the Ethics Commission and in less than three minutes both of us were dismissed. I was dismissed without one question being asked and it was a unani- mous dismissal. They found no reason to even talk about it. The reason I'm talking about it now is because my legal fees are almost $g,000. The City has to provide me with a defense. But this $9,000 is $g,000 that could have been used to set off some of our insurance premiums for the employees. It could have been used towards the holiday parade festivities. It could have been used towards Fourth of July fireworks. I've been told and I spoke to a Broward County elected official that she's been harrassed also and she said once a complaint is filed it's kind of like a divorce. The first one is very painful. After that it's no big deal. I expect them to come in rapid succession because I have been targeted. I'm not afraid. This has made me very strong. I go home and cry at night to my husband but it's over now and I'm, and I'm very relieved. We now have to put the pieces together. I, in the documentation that I gave to my attorney, was minutes from a Code Enforcement meeting of February 1992 where a former City Commissioner had what was deter- mined by another attorney secret meetings with department heads and this Building Official who filed a charge against me for having a meeting in public through the City Manager's Office as our Charter states. You know this charge was filed only because a constituent asked me for help and I asked the City Manager to intervene as our Charter states. But yet here is a case of another Commissioner, a male, holding a secret meeting, directing City staff. The Building Official was at that meeting and no charge was filed against this other Commissioner. There have been charges that this Building Official, and it was in the June Sun-Sentinel, June of 91. I think it was June lgth and it was also in the Palm Beach Post where the females in the department were meant to wear their badges and the men didn't. This came before the City Commission twice and there was a discussion about it. This Building Official also told a friend of mine who was a friend since 1988. I knew her before I was elected and I know I don't have to give up my friends when I, when I came to office that it would be wise for her not to have lunch or dinner with me because you shouldn't associate with Commissioners, but yet this same Building Official hosted a Fourth of July party this year that was attended by another Commissioner on this dais. And it's very funny, but what came out of that meeting where poli- tics were spoken was a recommendation to the City Manager to change policy. And then tWo days later the same recommendation came for- ward from this Com, from that Commissioner, to the City Manager about putting Engineering Department in the Building Department. That sounds to me, and I, and I would have to ask the, the City Attorney the determination, but I, I, I'm wondering if that violates Cherof: Matson: Mayor: Cherof: Civil Service Rules where it says that you shouldn't use political influence for a transfer or to. Jim, do you know anything about that? I, I don't have the Civil Service Rules here, but that's something I could check. I just happen to have mine. Pass this down please. I also have just one more point to make. In yesterday's Sun-Sentinel, there was an article in which Vince Finizio talks about a personal vendetta that the Mayor and I have against the Building Official and other department heads. I don't know of any other department heads that I've criticized, but I've had a history with Don Jaeger since 1988. I made no bones about it. I felt he made some very wrong decisions pertaining to my community. My constituents elected me to speak my mind. I shoot straight from the hip and I'm not gonna stop now. I've always said I felt he runs an ineffective, inefficient depart- ment. I don't blame the employees. I blame the department head. This article only talks about the Mayor and I and the first time this vote came up to take Occupational Licensing out of the Building Department, the vote was 4 to 1. The two males on this Commission voted. They changed their minds, but still it was 4 to 1. I don't understand why the, the Mayor and I have been brought into this alone, but I think that this sentence in here, I think it's a per- sonal vendetta, said Administrative Coordinator Vince Finizio. The only harrassment I see in this City is the harrassment the Mayor and Vice Mayor are leveling toward targeted department heads. Mr. Cherof, I would like your opinion as to whether this violates Civil Service Rule, Section 4, #F where an employee is not to be making remarks about, to elected officials or about supervisors or elected officials. I'm tired of the harrassment. I'm not taking it. I know it's pervasive in the City. I know females are treated dif- ferently than males. I know female Commissioners are treated dif- ferently than male Commissioners and I know department heads are treated differently than the regular working class. I come from the regular working class. I don't like it. I brought it forward, I brought it forward only because now in addition to what my legal bills are, I'm going to pass this down. My trip to Tallahassee, my airfare, my hotel $475.67. We're all paying this. If this con- tinues to happen, we'll all be paying more and more, and for that, I apologize but I had nothing to do with this. I had no say in the matter. I'm the one who was harrassed. I'm the whistleblower. This was done, in my opinion, and it's only my opinion, for someone else to say that they're a whistleblower. I've been blowing the whistle since 1988. I'm the whistleblower. I'm the person being harrassed and I'm mad as hell and I'm not taking it anymore. That's all. Thank you for listening. Mr. Cherof, do you have anything to add? Mayor, without commenting, with respect to the application of the rules, let me read the two, two rules that were made reference to. They're both under the Rules and Regulations for Career Service and they are in Section 4 which is Cause for Dismissal, Demotion or Suspension. Subparagraph F says offensive conduct or language towards public or fellow officer or employee or abusive public cri- -4- Mayor: Matson: Mayor: Matson: Mayor: Miller: Mayor: Matson: Mayor: Matson: Mayor: Aguila: Mayor: Aguila: Mayor: ticism of superiors or public officials; and Subparagraph P says has used or threatened to use or attempted to use political influence in securing promotion, leave of absence, transfer classification change, pay increase or character of work or uses such influence to bypass departmental chain of con, hand. I think those are the two sections that the Vice Mayor made reference to. I, I, Mayor Matson, Vice Mayor Matson, I am Oh, that sounds nice Yeah Sorry I am absolutely appalled, I'm appalled that you have been put in a position like this. I'm appalled that the taxpayers of the City of Boynton Beach are gonna have to pay money for garbage like this. I'm appalled that you've been put through months and months of sitting on this. I'm, I'm appalled that, that I didn't know about it. I'm appalled that I haven't been able to help. I'm appalled at the behavior of the Building Official. There seems to me to be some kind of inequity here that an elected official should be targeted in a manner like this and our City Manager. I'm not elected. You'ew not elected, but we're elected and we answer to the citizens. We run for our office. If the citizens don't approve of what we do, they don't elect us again. This kind of impossible, irresponsible behavior has cost the citizens of this City dearly. I guess $9,000 for legal fees is only the beginning. I don't know how much Mr. Miller's will be. Uh, God. It's only the beginning of what this is gonna cost us. It seems to me that the citizens who are, who object to this, the least that they can do is make their voices known by writing into the City and if you feel the way I do, perhaps you will. Anybody else? Nothing? Okay. It's absolutely dreadful. Madam Mayor. I'd like to, I'd like to just say this. I am terribly unhappy that this sitUation has gone on. I don't know the details so I find it difficult to corrment. Well, we There's a lot of information here We haven't even read this stuff yet. -5- Aguila: Mayor: Harmening: Mayor: Harmening: Mayo r: Harmening: Mayor: Harmening: Mayor: Voice: I know, so, the unfortunate thing is by virtue of the, the, of how the system works, Vice Mayor Matson has had to keep this much under wraps and deal with it on her own and I commend her for doing it in the valiant manner that she has. I'm pleased that Tallahassee reasoned in her favor, and, and, and, and I'm upset at, at this waste of money because frankly, we certainly need it for a lot of other things. As I said a few meetings ago when we discussed the issue of Occupational License leaving the Building Department, to me that wasn't a, a, a, a, a, I want to say sexist, but that's not the right word, it's, it's, it wasn't a negative move other than I couldn't see from a functional purpose whether that department needed to, that division needed to be in that department or not and I'm still not convinced it needs to be elsewhere. I'm rambling. The point I'm trying to make is, is it has nothing to do with male or female. It has to do with if there's a problem with a department head, then deal with that. That, that, if that's where the problem is. I'm, I, I feel for you. I'm sorry, I'm sorry that this has gone on and I hope that you can see some peace now and we can get on with doing our job which is tough enough. Thank you. Well, I, I don't see some peace. I certainly don't see some peace unless, unless we can get a little more equity in the manner in which people are allowed to file ethics charges that cannot hold water; that are dismissed in, in, in a minute after putting an elected official through so many months of, of worry and, and appre- hension. It doesn't seem right. No, it certainly does not seem right and perhaps we can look into it and see what remedy the citizens of this City have to defend them- selves and protect their money against scurrilous attempts like this to get at elected officials. Well, that's not the first time it happened. Actually, it happened about three years ago. We had, they weren't elected officials at the time. They were all City officials, the City Manager, Assistant City Manager, both Assistant City Managers... Oh, that was Mr. Finizio. Mr. Finizio filed ethics charges against Mr. Cheney. And those were, yeah, and I believe against Carmen Annunziato, if my memory serves me correctly and all those were And all those charges were thrown out were thrown out And that cost the taxpayers of the City plenty of money. (Inaudible) -6- Mayor: Cherof: Matson: Mayor: Marchese: Mayor: Marchese: Mayor: Marchese: Mayo r: Matson: Marchese: Mayo r: Mayo r: Mrotek: Mayor: Mrotek: I don't know what we can do about it. Mr. Cherof, I'm going to ask you to please look into this and see if there is any way that the City can protect itself against frivilous ethics charges brought against City Managers and elected officials. I don't know if it's possible, but I certainly would like some kind of memorandum on, to that effect. I'll prepare one, Mayor. Thank you. Next item on the agenda is... Madam Mayor Yes sir. May I? Yes sir. Madam Mayor, members of the Commission, .ladies and gentlemen. It's a sad day when I have to hear tripe like this. Ms. Matson, you have been by all standards, a credit to this Commission to the City. Don't give up your fight. I urge all of you Commissioners not to stand still for garbage like this. There's no room for it. There's no need for it. I thought up to this time that we were having some good years. I hope, and I look forward to good years. Don't let this kind of tripe throw you off course. But I strongly recommend that those people that heed this kind of junk, do everything you can to either take them off the payroll or take them to court. You bet. They are going to court. As an ordinary citizen, I'm willing to pay my share to run a decent government. Thank you. Thank you. Yes sir, do you wish to be heard? Yes Madam Mayor. I'll address the Coffrnission, Madam Mayor and Commissioners. Give us your name please. Mike Mrotek, 2624 Lake Drive North. Most of you know me. You all presented a question, what can you do about it? Here it is. It governs all these people, employees that are here tonight. The rules are in here, the provisions are in here. The City Manager can act. It is provided that he can act. There's Florida State Statute that backs it up. Now it's time to do something about it. You the people of the Commission, our elected representatives, we need you to work for us now. Thank you. -7- Mayor: Mayor: Davis: Mayor: Davis: Mayor: Davis: Matson: Davis: Mayor: Mayor: Cook: Mayor: Cook: Mayo r: Thank you Mr. Mrotek. Give us your name, please. Good evening. My name is Sue Davis. I'm President of the South Palm, South Palm Beach County Chapter of the National Organization for Women. Hello, Sue. Hi. We've heard... I didn't recognize you I know, you've never seen me in a suit before, right? Stand back. Recently, our N.O.W. Chapter which has 1,000 members in the area, has been hearing rumblings of this instance and other cases of sexual discrimination or sexual harrassment and I applaud your action here tonight to investigate the charges brought by Vice Mayor Matson. I urge you also to look perhaps at the bigger picture and at the inequity between how females and males are treated in this government. The, the usual response when there's a problem of sexual or racial discrimination is to try to cover, not cover it up, but just ignore it, or to hope the whole thing will go away. And yet, experience shows, and as you've seen yourself with this $9,000 bill, it's much less expensive and much easier to find the problem and deal with it as soon as possible rather than just push it to the side. Thank you. Thank you Sue. Yes ma'am. Do you wish to be heard? Yes, Please give your name to the secretary. Good evening. My name is Verna Cook and I'm here for two reasons. I'm here as a representative for over 60,000 Police Officers and citizens from the National Black Police Association and I'm here as President of our local organization. In March of 1992, Ms. Matson had the foresigt to meet with the National Black Police Association. Because of her leadership and her concern for the community, our National Director, Ronald Hampton had Patrick Murphy give you all a call and render a survey, a study for your City. I'm from Connecticut and I have encountered the old boy network here in South Florida, but I just want to let everyone know that we are establishing an old girl network... Good for you. -8- Cook: Voice: Cook: Mayor: Jaeger: Mayor: Voices: Walshak: Mayor: Walshak: Mayor: Walshak: Mayor: Walshak: Mayor: And it's not gonna be a Black old girl network or a white old girl network, it's gonna be a people old girl network. Good. If you count the number of women in this City and in Palm Beach County, we are not, the women are not a minority. We are a majority and we are here to support Ms. Matson. I'd just like to say that we are an army and we're upset that you're messing with one of our generals. Thank you. Does anybody else wish to be heard on this item. Mr. Jaeger, do you wish to be heard. No I do not. Cat got you tongue, Mr. Jaeger? (Inaudible remark) That's not necessary, Madam Mayor. Don't tell me what's necessary. That's not necessary. Not necessary to make snide remarks. I will decide what's necessary. to anybody in the public. Thank you very much Mr. Walshak. I sit up here too Madam. Okay? Are there, is there anybody else who wishes to be heard on this item? Then we'll go ahead with the, with our agenda. ~Pra~i ~i t~o/~q~ Recording Secretary Eve Eubanks Recording Secretary Transcribed from tape recordings of the City Commission meeting of 10/20/92 -9- COMMISSION OC'[ ~1 t992 APPROVAL AGENDA October 20, 1992 III. CONSENT AGENDA D cc: Finance, Util Rec ALLIED LIME P.O. 221. Lime for Chemical Softening. Pay from Water]Sewer Fund---401-332-5-365-00 91192 Budget. BETHESDA PLUS, INC. Various Hepatitus Injections. Pay from General Fund---001-135-5-460-01 91/92 Budget. BROWARD HURRICANE PANEL CO. P.O. 2318. Furnish and Install Storm Shutters. Pay from Public Serv. Tax Constr.---301-194-5-629-00 91192 Budget. CENTECH UTILITY CORPORATION P.O. 1925. Est.#3, Treatment of Well Precipitation. Pay from Water]Sewer Rev. Fund---401-332-$-430-02 91192 Budget. CENTER FOR FAMILY SERVICES Employee Assistance Program Monthly Assessment. Pay from General Fund---001-135-5-460-01 92]93 Budget. COMPUTERLAND 1st Quarter Installment for On Site Maintenace of Micro- Computer Equipment. Pay from Various Departments. CH2M HILL Various Task Orders for the Period of 4125]92 - 8]24]92. See Attached Breakdo~caof Invoices. Pay from Water]Sewer Rev. Fund---401-391-5-468-00 20.62 Pay from 1990 Construction Fund--409-000-0-690-10 18,535.64 Pay from Utility General Fund .... 421-000-0-691-21 14,556.84 Pay from Utility Capital Improv--404-000-0-690-10 510.09 91/92 Budget. DAVIS WATER & WASTE IND., INC. P.O. 2696. Five Air Scrubber Systems. Pay from Utility General Fund---421-000-0-691-21 91/92 Budget. DELL COMPUTER CORPORATION P.O. 2666. Dell Computer To Be Used For Latchkey After School Program. Pay from General Fund---001-723-5-670-02 91/92 Budget. 8,277.97 10,280.00 4,475.00 27,800.00 1,344.80 3,543.25 33,623.19 47,500.00 1,414.00 10. 11. 12; 15. 16, 17 .i 18, FLAGCRAFT, INC. P.O. 2758. Installation of Flagpoles at Activity Center. Pay from Public Serv. Tax Constr.---301-194-5-629-O0 $750.00 Pay from Public Serv. Tax Constr.---301-721-5-634-03 $750.00 91/92 Budget. GEE & JENSON Navigation Channel FIND Grant Application Permitting. Pay from Public Serv. Tax Constr.---301-721-5-640-29 91/92 Budget. GEORGE HOMRICH P.O. 1315. Five Cononcarpus Erectus Trees to Replace Trees That Were Destroyed. Pay from Self Insurance Fund---622-195-5-440-01 91/92 Budget. GOLD COAST GYMNASTICS Instructor for Gymnastics. Pay from General Fund---001-721-5-469-00 HIGHSMITH P.O. 2404. Computer Upgrade for COALA. Pay from Capital Improvement Fund---302-711-5-670-02 91/92 Budget. HOFFMAN'S A/C INC. P.O. 2729. Furnish and Install A/C Equipment at the Golf Course. Pay from Golf Course Revenue Fnnd---411-725-5-642-00 91/92 Budget. IBM/ROLM P.O. 2953. 1st Quarter Installment for Maintenance Agreemt. for PBX Telephone Service System. Pay from General Fund---001-197-5-430-21 JORDAN'S OUTDOOR FUN P.O. 2605. Gametime Equipment Installation at Galaxy & Pioneer Canal Park. Pay from General Fnnd---001-722-5-433-00 $1000.00 Pay from General Fund---001-722-5-499-00 $ 900.00 91/92 Budget. JOSIAS & GOREN, P.A. Statment for Professional Services for September - $6,269.95; vs. Russell - $50.00; adv. Cedar Grove Inc. - $200.00; Demarest Arbitration - $667.20; Bethesda Hospital - $370.00; vs. Summit Associates, inc. - $290.00; vs. St. Juste Foreclosure - $450.00; vs. Cook Construction - $110.70; vs. Cumberland Farms - $100.00; adv. Mrotek - $569.45 = $9,177.30. Pay from General Fnnd---O01-141-5-461-O0 91/92 Budget. 1,500.00 1,962.58 1,120.00 2,700.00 2,186.85 2,600.00 5,118.66 1,900.00 9,177.30 19¸. 20i 21; 22~ 23, 25 26 27 28 ,i ' COMMISSION OCT 21 1992 APPROVAL JUNO INDUSTRIES, INC. P.O. 2499. Sewer Air-Vacuum Valves.(Stock to Replace Broken Units) Pay from Water/Sewer Fund---401-351-5-390-06 91/92 Budget. K & M ELECTRIC SUPPLY P.O. 2695. Enclosures to House Chemical Pumps Separate from Electrical Equipment. Pay from Water/Sewer Rev. Fund---401-352-5-642-00 91/92 Budget. KI~IMINS RECYCLING P.O. 1270. Disposal of Debris. Pay from Sanitation Ftmd---431-341-5-490-01 91/92 Budget. KOVATCH MOBILE EQUIPMENT CORP. P.O.1140. Four Door Pumping Apparatus. Pay from Vehicle Service Fund---501-193-5-688-00 91/92 Budget. L & A WATER TREATMENT CORPORATION P.O. 856. 4 MGD Membrane Softening Equipment, Paymt.#2. Pay from 1990 Construction Fund---409-000-0-690-10 91/92 Budget. LEACHEM IND., INC. P.O. 186. 4 Drums of Polk~er for Chemical Treatment of the Water. Pay from Water/Sewer Rev. Fund---401-332-5-365-00 91/92 Budget. MATRX MEDICAL P.O. 2849. Various Medical Supplies. Pay from Warehouse Fund---502-000-0-410-18 $1~,354.50 Pay from General Fund ..... 001-221-5-371-00 128.75 92/93 Budget. MCCANN ASSOCIATES, INC. Police Officer Testing Cycle (100). Pay from General Fund---001-135-5-395-00 92/93 Budget. MILNER DOCUMENT PRODUCTS, INC. Annual Maintenance Charge for 630 Microfilm Reader Printer Equipment. Pay from General Fund---O01-241-5-433-00 92/93 Budget. MOODY'S INVESTORS SERVICE 1 Year Special Library Service.(10/92 - 9/93) Pay from General Fund---001-711-5-661-00 92/93 Budget. 1,655.00 1,025.00 12,873.50 175,000.00 128,250.00 1,890.00 1,483.25 1,440.50 1,548.75 1,848.00 COMMISSION OCI ~,1 1997. 29. APPRUVAL MOORE BUSINESS FORMS P.O. 2583. Golf Course Register Receipts~: Pay from Golf Course Rev. Fund---411-725-5-472-00 92/93 Budget. ..... 3,314.78 30. MOTOROLA INC P.O. 2937. Radio Maintenance Contract - Parts and Repairs. Pay from General Fund---001-197-5-431-00 $34,948.98 92]93 Budget. Various Charges for Parts/Labor Not Covered Under Service Contract. Pay from General Fund---001-197-5-431-00 $3.204.30 91/92 Budget. 38,153.28 31. NATIONAL LIBRARY RESOURCES LIMITED Prepayment of 1 Yr. Subscription to Mills & Boon Books. Pay from General Fund---001-711-5-661-00 92/93 Budget. 1,433.70 32. NEIGHBORHOOD FAMILY DOCTOR Annual Physicals for Police Officers. Pay from General Fund---001-135-5-460-01 91/92 Budget. 3,695.00 33 .i NEWSBANK News bank Microfiche. Pay from General Fund---001-711-5-661-00 92/93 Budget. 1,422.43 34.1 OCEAN BAY CONSTRUCTION P.O. 1576. Community Development Block Grant Improvements. Pay from Federal Grants Fund---105-513-5-630-17 91/92 Budget. 83,654.49 35. PRIDE OF FLORIDA P.O. 252. Various Tire Purchases. Pay from Vehicle Service Fund---501-193-5-322-00 91192 Budget. 2,023.02 36. P.B.C. PUBLIC HEALTH UNIT Permit Fee Related to Conversion of Lift Stations from Dry Pit to Submersible Lift Stations 207, 609, 412, 502, 608, & 102. Pay from Water/Sewer Utility Revenue---421-000-0-691-21 92]93 Budget. 1,000.00 37. P.B.C. SOLID WASTE AUTHORITY Statement for the Use of the County Landfill for Sept. Pay from Sanitation Fund---431-341-5-490-01 91/92 Budget. 33,013.04 38. PALM BEACH NEWSPAPER Legal Advertising - September 1992. (91/92 Budget) Pay from General Fund---001-122-5-475-00 1,951.09 39. 40. 41. 42, 43. 44. 45. 46. 47.! PEROXIDATION SYSTEMS P.O. 244. Hydrogen Peroxide for Odor Control Pay from Water/Sewer Rev---401-352-5-365-00 91/92 Budget. POOLE & KENT COMPANY P.O. 858. Payment #8, Construction of West Water Trmt. Plant. Pay from 1990 Construction Fund---409-O00-0-690-10 91/92 Budget. QUALITY GRASSING P.O. 1742. Final Payment for Red Course Greens Renovation. Pay from Golf Course Construction Fund---412-000-0-694-10 91/92 Budget. ROBERTS & REYNOLDS, P.A. Legal Fees for the Following: Blackmon vs. City of BB; Vargas vs. City; Desnoyers vs. City; Ceasar Allen Vs. E.L. Trayior; Stevens Vs. City; Zibelli vs. City; Cain vs. City; Legal Fees & Depos for Seac vs. City of Boynton Beach. Pay from Self Insurance Fund---622-195-5-468-00 91/92 Budget. SAFETY COUNCIL OF PALM BEACH COUNTY Defensive Driving Class for all Employees with Vehicle Accidents. Pay from Self Insurance Fund---622-195-5-382-00 91/92 Budget. SIRSI CORP. Maintenance on Coala Euqipment. Pay from General Fund---O01-711-5-460-03 92/93 Budget. SOUTH CENTRAL REGIONAL WASTEWATER TRMT AND DISPOSAL User Charges for Treatment and Disposal of Wastewater for September 1992 - $144,698.05 Pay from Water/Sewer Rev.---401-353-5-490-09 Repair and Replacement Engineering Services - $5,435.63 Pay from Utility General Fund---403-000-1-476-40 91/92 Budget. TARE LANDSCAPING P.O. 2976. Landscape Maintenance of Medians. Pay from General Fund---001-722-5-430-15 92/93 Budget. TRANE PARTS CENTER OF SOUTH FLORIDA P.O.269. Parts for Trane A/C System. Pay from General Fund---001-192-5-390-01 COrv~i'~iSSION 91/92 Budget. OCl :B1 ]997 APMh:OVAL 6,136.65 473,702.08 35,791.41 19,265.59 1,312.50 8,560.00 150,133.67 5,050.00 3,488.60 48. 49. 50. 51. 52. 53. 54,¸ TREEMAN LANDSCAPE NURSERY P,O. 3091. Tree Planting at Martin Luther King Jr, Blvd. Pay from Community Improvement Ftmd---621-136-5-630-14 91192 Budget. UNIVERSITY MICROFILMS INTNL, New York Times Microfiche Subscription & Microfiche Renewal Subscription. Pay from General Ftmd---001-711-5-661-O0 92/93 Budget. VOLUNTEER FIREFIGHTERS FUND Annual Contribution. Pay from General Fund---001-221-5-985-00 92]93 Budget. WATER RESOURCES P.O. 2780. Various Parts for Peerless Pump, Model 10AEA6. Pay from Water/Sewer Rev.---401-332-5-345-00 91/92 Budget. CHARLES S. WHITESIDE P.O. 2782. Install Asphaltic Concrete on Cart Paths and Around Cart Loading Area. Pay from Golf Course Rev.---411-726-5-628-00 91/92 Budget. WOODBURY CHEMICAL COMPANY P.O. 271. Nemacur and Dursban for Golf Course. Pay from Golf Course Rev.---411-726-5-361-00 91/92 Budget. SOUTHERN AMBULANCE COMPANY 1992 Ambulance Unit. Pay from Vehicle Service Fund---501-193-5-681-00 92/93 Budget. 21,151.00 5,746.24 1,552.00 1,285.53 22,858.37 1,876.25 81,500.00 These bills have been approved and verified by the department heads involved, check and approved for payment. GradY~or I therefore recommend payment of these bills. COMivi 3$!ON OCT ~1 1997 APPROVAL J/~/Jcott Miller,~ Manager ~DDED 10/20/92 Be¸ BARNETT BANKS TRUST COMPANY, N.A. Quarterly fees 4/1/92 thru 6/30/92 (Custodial) Pay from Pension Fund 611-137-5-229-00 BARNETT BANKS TRusT COMPANY, N.A. Quarterly fees 4/1/92 thru 6/30/92 (Money Manager) Pay from Pension Fund 611-137-5-229-00 BARNETT BANKS TRUST COMPANY, N.A. Quarterly fees 7/1/92 thru 9/30/92(Money Manager) Pay from Pension Fund 611-137-5-229-00 BARNETT BANKS TRUST COMPANY, N.A. Quarterly fees 7/1/92 thru 9/30/92 Pay from Penszon Fund---611-137-5-220-00 DAVIS, HAMILTON, JACKSON & ASSOC. Quarterly management fees 4/1/92 thru 6/30/92 Pay from Pension Fund 611-137-5-229-00 DAVIS, HAMILTON, JACKSON, & ASSOC. Quarterly management fees 7/1/92 - 9/30/92. 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