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Minutes 02-06-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 6, 1990 AT 6:00 P. M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Lillian Artis, Commissioner Arline Weiner, Commissioner Lee Wische, Commissioner J. Scott Miller, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P. M. Following a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Vice Mayor Olenik. AGENDA APPROVAL Under "NEW BUSINESS, B. 5." Vice Mayor Olenik wished to add discussion on Traffic Performance Standards. Mayor Moore remarked he had several items that he wished to request information on. He would bring these topics up Under "NEW BUSINESS, A." Under "LEGAL, B." City Attorney Rea wi'shed to add Proposed Ordinance 90-3 for first reading. It deals with Proposed Boat Storage in the CBD. Under "LEGAL, D. 8." City Manager Miller wished to add Appraisal of FEC Property. Commissioner Wische moved to adopt the amended Agenda. Vice Mayor Olenik seconded the motion which carried 5-0. ANNOUNCEMENTS None. 1o Proclamations a) American History Month - February, 1990 b) 45th Anniversary of the Visiting Nurse Association of Palm Beach County c) Florida Atlantic University Baseball Day - February 10, 1990 d) Horses for Handicapped Mayor Moore said these Proclamations would be executed and distributed to the appropriate parties. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTO~ BEACH, FLORIDA FEBRUARY 6, 1990 Proposed Settlement Offer on the Part of The Club - Southern Entertainment In view of the number of interested citizens present in the audience, Vice Mayor Olenik moved to move this topic up on the Agenda. Commissioner Wische seconded the motion which carried 5-0. City Attorney Rea explained this matter is set for trial on February 26, 1990. He received a letter dated January 5, 1990 from the attorneys for The Club - Southern Entertainment. A Settlement proposal has been made which states they would drop the lawsuit with prejudice if this City grants them a non-conforming use. Under our Ordinances, if stopped for a six month period, the non- conforming use expires and that use is no longer permitted in that location. They had indicated they would pay $12,500 of the City's legal fees incurred to date. If the City ever adopts legislation similar to that adopted in Ft. Lauderdale, which prohibits the selling of alcohol during nude entertainment, the City would reimburse the Plaintiffs for all of the aforementioned attorneys fees and assist in the obtaining of a license under the County Adult Entertainment License Ordinance. If we proceed to a full trial, Mr. Rea remarked the City's independent attorney who is handling this matter is con- fident the City will win on the Constitutional issues. This would be a full day trial and would cost approximately $t0,000 to prepare for. If we do win on the Constitutional issues, the City's independent attorney expects the people from Southern Entertainment to appeal. This would involve another year or so in the Courts. Additionally, if we win On the Constitutional issues, probably the Federal Judge Will remand all of the State procedural issues to State Court for litigation which would mean that after the Federal Court case is concluded, we would find ourselves in State Court for another year or two. Mr. Rea noted the Federal case law on First Amendment Rights, rights dealing with control of alcohol and issues of this nature are continually changing. If we do lose on the Constitutional grounds, under Section 1983 of the ~lorlda GUS Code, we would be liable for paying the other Side's attorney fees. If we win, unfortunately, they do not ~ay our attorney fees. Commissioner Wische stated they knew when they came into the City that certain Ordinances existed. The Ordinance states it is not permissible in the location. Commissioner Wische moved that the settlement offer be rejected° Mayor Moore commented the outside attorney had advised the City that it had structured this Ordinance amendment in such a way that it met all Federal requirements. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Vice Mayor Olenik seconded the motion and the motion carried 5-0. CONSENT AGENDA A. Minutes t. Regular City Commission Meeting Minutes of January 16, 1990 2. Special City Commission Meeting Minutes of January 23, 1990 Commissioner Weiner stated a correction needed to be made on page 3, line 10. Reference to City Manager Cheney should be changed to City Manager Miller. 3. Continuation of Special City Commission Meeting, January 24, 1990 Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget i. Replacement of two Air Compressors and One Air Storage Tank at the Water Treatment Plant (Previously TABLED) Commissioner Weiner moved that this item be removed from the Cable. Commissioner Wische seconded the motion which carried 5-0. By memorandum dated January 29, 1990, John Guidry, Director of Utilities, recommended that the equipment be purchased from Air Compressor Works at a cost of $11,061. 2. Pipe Fittings and Accessories The Tabulation Committee recommended awarding the bid to various vendors due to the large bid and wide range of prices, as shown on the Tabulation Sheet attached to the memo from William Sullivan, Director of Purchasing. Vice Mayor Olenik was interested in what the total price would be. William Sullivan, Purchasing Director remarked they could not provide a total price because they didn't know how much they would end up purchasing at this point. This would give the City access to buy in an emergency situation or on a regular basis. If we were to buy everything on the bid sheet, John Guidry, Director of Utilities commented it would be approximately $40,000 to $50,000 per year. This would provide for a lock- in price at a very competitive rate. MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 6, 1990 3. Various Equipment for Golf Course Maintenance The Tabulation Committee recommended awarding the bid as follows: Tesco South/Hector Turf, Deerfield Beach, FL, (Hahn Sprayer) $11,4t5.50~ DeBra Turf Industrial, Fort Lauderdale, FL (Grinder) $9,993°00; Pifer, Inc., Jupiter, FL, (3 Wheel Truckster) $7,545.00. 4. 150 Golf Car Batteries The Tabulation Committee recommended awardi.ng the bid in the amount of $4,950 to Jeffrey Allen, Inc., Bradenton, FL. 5. Safariland Centerline Vests The Tabulation Committee recommended awarding the bid to Oaks Wholesale, Rockledge, FL, in the total amount of $6,780 for the first initial purchase of 30 vests. Addi- tional vests will be purchased throughout the year. e Replacement of High Service Pump, Motor, Valve $7 & High Service ~3 Pump, motor and valve at the Water Treatment Plant The Tabulation Committee recommended awarding the bid to ~naz Equipment Company, Boynton Beach, FL, in the total amount of $92,000, complete with installation. C. Resolutions 1. Proposed Resolution Not 90-F Re: Southeast Development Enterprise - Boynton Lakes "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE BALANCE OF THE CASH BOND FOR LANDSCAPING AND IRRIGATION FOR BOYNTON LAKES NORTH, PLATS 4, 5 and Don Jaeger, Building Official stated the landscaping Complies with the plans that were approved. Vice Mayor Olenik made reference to the Commission deciding at a previous meeting that it was not going to approve any cash bond releases unless it knew the citizens involved were Satisfied. He wanted to make sure Lynn Matson was comfor- table with it. Mr. Jaeger explained the Building Dept. had been in contact With the Association groups over the last 6 - 12 months and ~hey had indicated to him that they are satisfied with it except for the road problems that are on-going. Mr. Jaeger ~tated they were not contacted for final approval, however. Mr. Jaeger had not heard negative feedback. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 D. Development Plans None. E. Consider approval of emergency purchase of Lift Station Impeller for John Guidry, Director of Utilities, in his memo of January 23, 1990, requested the impeller be purchased for $1,150.30 from Sanders Aspinwall and Associates, Stuart, FL, a sole source distributor for this product line. F. Consider approval of funding for Project Graduation requested by Atlantic High School By memo dated February 6, 1990, J. Scott Miller, City Manager recommended that the Commission contribute $500. Vice Mayor Oienik wished to defer this item. He recalled the Commission had previously discussed putting together a procedure on handling these requests. The Commission has been barraged by the High Schools asking for money. The procedure would outline the distribution of funds in an equitable manner based on the number of students that go to the three high schools. He asked staff to research this and bring the topic up at the next meeting. He recalled the Commission had talked about putting this procedure in place for this fiscal year. There was agreement to pull this item off the Consent Agenda. G. Consider approval of emergency inspection and repair South Elevated Water Storage Tank William Sullivan, Purchasing Director, in his memo of January 24, 1990, concurred with the Director of Utilities' request that this work be done by Howie Greene Tank Inspection, Fort Pierce, Florida, at an estimated cost of $1,500. H. Consider approval of emergency repair Lift Station ~3t7 - Voltage Regulator - Marine Engine Equipment Company The Purchasing Department's memo of January 24, 1990 agreed to the emergency repair and request for services from Marine Engine Equipment Co., West Palm Beach, in the amount of $2,263.55. I. Consider approval to resurface Madsen Center Shuffleboard Courts In his memo of February 1, Director of Recreation and 1990, Charles Frederick, Parks, explained why he felt the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 resurfacing should be done by The Nidy Co., Winter Park, FL at a cost of $6,000 ($375 per court). Commissioner Wische noted these courts had not been resur- faced since 1966. He could not see turning this down. Vice Mayor Olenik asked if the Commission had definitely decided it was not going to move the Madsen Center to Congress Ave. He was apprehensive about spending this money if it was going to be relocated. Commissioner Wische thought they had decided to put that "on the back burner" for a while because of funds. Discussion took place about Congress Avenue Park. Remarks were made relative to previous discussion about setting up a Commission workshop to discuss capital pro- jects. City Manager Miller remarked that before this could take place, his office had to perform a reconcilliation of all funds. He did not want to put a list of projects in front of the Commission if the dollars were not available. The reconcilliation of funds is almost completed and then a workshop would be in order. Commissioner Wische thought many of the citizens that use ~he Center are happy with the Center where it is located as it is clean and spacious. The Mayor agreed. Mayor Moore remarked there had been a couple of complaints that the Center is non-handicapped accessible. If this were improved, he would like to have a couple of bags of Sakrete thrown in with the bid. He realized the problem with access to the rest rooms and main meeting area may be a problem we can't address currently. But at least, he would like for ~he handicapped to have access to the courts themselves. City Manager Miller stated they were already addressing this ~ituation. In view of other major City park projects that need to be taken care of, City Manager Miller stated that he didn't see the courts being moved in the next 6 - 12 months. J. Consider approval of Welcome to Boynton Beach Sign Memorandum No. 90-030 by Don Jaeger, Building Official, stated the City was granted approval to erect a sign within the median at the southernmost entrance to the City, along South Federal Highway. The Boynton Beach Chamber of Commerce is proposing to totally finance this sign as well as an additional one on West Boynton Beach Blvd., at our western- most boundary. Discussion took place with Don Jaeger, Building Official, regarding the specifics of these signs. MINUTES - REGULAR CITY COMMISSION MEETING BOTfNTON BEACH, FLORIDA FEBRUARY 6, 1990 The Commission agreed these signs should go through the nor- mal channels and should therefore be reviewed by the CAB. There was some confusion as to why one of the sign plans in front of the Commission had the Chamber's name on it and the other one didn't. The Mayor felt any sign that is finally approved, if the Chamber is paying for it, should definitely have their designation on it. K. Approval of Bills See list attached to the original copy of these minutes in the Office of the City Clerk. Vice Mayor Olenik remarked he would be abstaining from voting on ~31 which is a payment to Motorola, Inc. Memorandum of Voting Conflict is on file in the Office of the City Clerk. Discussion took place on bill ~12 from Eastman Kodak Company for $1,286.54. The City leases this copy machine and remarks were made about a lease/purchase arrangement. William Sullivan remarked that even if we owned the machine outright~ we would still have to pay the excess copying charges in order to keep up the maintenance contract. Sharon Randolph, Assistant to the City Manager, made com- ments about research which is underway relative to possibly having three medium sized machines which would share the copy load. Motion Commissioner Weiner moved to approve the Consent Agenda as amended. Vice Mayor Olenik seconded the motion which carried 5-0. A & P Water & Sewer Supplies Mayor Moore asked that this item be taken out of order on the Agenda. He noted Hypoluxo Trade Center was presently in litigation on this issue. A letter had been received from Mr. Eric Hewko explaining the issues. The subcontractor has not been paid in connection with utility work which has been completed and approved by City staff. Mr. Rea and Mr. Guidry recommended this $136,000 bond be released. Technical remarks were made by the Mayor regarding a sub- sequent bond put up by the contractor so that any claim he may have would be transferred over to the bond and the land would be freed up, so the City would have no problems in that regard. City Attorney Rea stated this release could be done with or without a Resolution. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Commissioner Wische moved to release the bond. Commissioner Artis seconded the motion which carried 5-0. BIDS None. PUBLIC HEARING None. PUBLIC AUDIENCE Mr. Maurice Rosenstock, i Villa Lane, Boynton Beach called the Commission's attention to the fact that most of the communities in the country have Ordinances which address recall of elected officials. At one time this was available in this City but somewhere along the line someone stated the State Statute would hold true and that we did not need such an Ordinance and therefore it was removed from the books. The Fourth District Court of Appeals of this District has found that the State Statute does not apply. Mr. Rosenstock recommended Statute 100.361, addressing municipal recall, be introduced by this Commission as an Ordinance. City Attorney Rea commented this was removed from the Charter by Ordinance and could be replaced by Ordinance. The majority of the Commissioners agreed to prepare an Ordinance. The Mayor thought the Charter should be amended. Mr. Rosenstock addressed a different topic and stated he felt the Commission should start an evaluation of the budget. The City is self insured and the reserve fund amounts to about $190,000. He would hate to see a bodily injury suit against the City where possibly City equipment accidentally killed a professional person and the City is sued for ten million dollars. We are paying $300,000 for a million dollar umbrella policy. Instead of paying those premiums we could create a fund by putting the money in our own treasury and draw interest from it. He suggested the City's Risk Manager sit down with an actuary to determine what the City's risks are and possibly come up with a fund to satisfy the demands. Mr. Rosenstock felt the Commission and new City Manager should review the budget item by item to locate items like this. Mayor Moore asked City Manager Miller to look into this with Olivia McLean, Risk Manager. Mr. Miller briefly commented that a City our size should be self insured on all areas. This is one of Risk Managements' goals for 1990. The third topic Mr. Rosenstock addressed was in connection with City vehicles being taken home by City employees. Remarks were made about pooling of vehicles to economize. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 6, 1990 Elizabeth Jenkins, 711 N.W. 1st Street, Boynton Beach asked the Commission to look into the situation on N.W. 1st Street, from 7th Avenue and 8th Avenue to Sara Simms Park. The new signs installed are not real visible. Melaieuca trees exist on City property in that area that need to be removed, including one in front of her home. Commissioner Wische thought these problems had been taken care of. Ms. Jenkins remarked the only thing that had taken place was installation of the signs. Mr. Miller was asked to follow up on this situation. Ms. Wilda Searcy, 402 N.E. 13th Avenue, Boynton Beach remarked that on Seacrest near City Hall, there are no signs indicating how to get to 1-95. She felt this was needed. Ms. Searcy stated Superintendent of Schools, Tom Mills will be at Poinciana School on February 13, 1990 at 9:00 A.M. Remarks were made about improving the neighborhood in the school's area so the school will remain at that site. She hoped there would be City department heads present at that meeting to show support. Mayor Moore indicated Vice Mayor Olenik would be covering this meeting on behalf of the City. The Commission doesn't want to see the school moved from its present site~ Ann Matthews, Principal of Poinciana Elementary School was present in the audience. Mayor Moore asked if she thought there was any weight to the School Board closing the school. She said there could be weight to it. Ms. Searcy was interested in having a large picture of former Commissioner Ezell Hester, Jr. framed and mounted in the Boynton Beach Library in addition to a large picture of King Tut. Ms. Searcy stated she would provide the picture of King Tut. Ms. Searcy reported that Myra Jones wants to head a youth work program in Boynton Beach. Ms. Searcy felt this was needed. Michael Fitzpatrick, 101 S.W. 4th Ave., Boynton Beach ~member of the Code Enforcement Board), addressed the Commission relative to a proposed Ordinance change in con- nection with the CEB. Currently the City Commission has been settling fines imposed by the CEB. Because of the recent change by the State Legislature, the CEB is supposed to have the authority to reduce or extinguish a fine if the Board finds the violator has corrected the violation. He did not feel the proposed City Ordinance was in the best interests of the citizens and he explained why. He suggested specific checks and balances in the process. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Mayor Moore explained to Mr. Fitzpatrick that the final decision on any fine will rest with the City Commission, there are checks and balances. There had been some discussion that rehearings might go back to the CEB. so Discussion took place with Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach relative to the proposed rehearing and appeal process. City Manager Miller explained that with the new procedure, the rehearing case would go back to the CEB and then it would be reviewed by his office for recommen- dations prior to going to the City Commission. Ms. Greenhouse was not aware of the step in the process where the case after rehearing by the CEB would go to the City Manager and she felt he might possibly change the CEB Board's order prior t'~ its going to the Commission. Ms. Greenhouse thought this step had been inserted in an attempt to dilute the recommendation of the Board. City Manager Miller remarked that he does not have the right administra- tively to change the Board's order but he does have the right to make recommendations to the City Commission. The Mayor made brief remarks about the proposed rehearing pro- cess possibly wasting the CEB's time° Other comments were made. VII. C. 3. Proposed Resolution No. 90-J Re: Bond Issue -- Tradewinds Settlement The Commission agreed to take this item out of order on the Agenda. City Manager Miller explained the Resolution before the Commission for an amount up to $10,000,000 did not mean we were borrowing $10,000,000. Mr. Mark Raymond of Moyle, Flanigan addressed the Commission and remarked representatives of their firm had met with City staff and the City's financial advisors and had submitted a proposed Resolution authorizing the issuance of bonds. Mayor Moore had a problem with borrowing $10,000,000. He didn't want to borrow any more than $8,000,000. Mr. Raymond explained $10,000,000 was an arbitrary figure. The Judgment was for $8,000,000. He also knows the Judgment's fair interest is 12% and in order to pay off the Judgment with interest it will require more than $8,000,000. Mr. Raymond commented the City does not have available funds to satisfy this so the bond issue would have to be increased. We might not be permitted to issue a principal amount of bonds greater than $8,000,000 plus the interest on a Judgment to the date of payment. Mr. Raymond had no idea how long that might take because we don't know how long it will take to validate the bonds. It could be a day or it 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 could be two years. Mr. Raymond's estimate was that the $10,000,000 would cover any contingency that might possibly occur. Remarks were made about the 12% annual interest on $8,000,000. Technical calculation took place on ~at the monthly interest would amount to. The figure of $30,000 to $50,000 per month for late payment was mentioned. Mr. Raymond remarked it would be 1% of $8,000,000 per month and 1% would be $80,000 per month. City Manager Miller disagreed and stated it would be $30,000 to $50,000 per month depending on the $5,000,000 and the $3,000,000 and whether you buy them or do them on a 60 day pay back or the 120. Mr. Raymond referred to the difference between the rate of interest on the proposed bonds which would be approximately 7% or 8% and the 12%, in other words, a net cost to the City of $30,000 to $50,000. But the interest on the Judgment itself would be $80,000 a month. This starts running on January 24, 1990 which was the effective date of the Settlement. Mr. Raymond commented the Settlement pro- vides that if $5,000,000 is paid on the 60th day, then interest on that amount is forgiven. But on day 61, you owe not one day's interest on $5,000,000, you owe 61 days interest on $5,000,000. The same is true for the $3,000,000 installment due on the 120th day. The maximum amount of bonds will be the minimum amount necessary to pay the $8,000,000 plus however much interest has accrued on that. The Mayor remarked this was calculated on the worst case scenario of twO years and he thought it might end up being $9,000,000, but certainly not $10,000,000. Mr. Raymond responded that once we get into the validation proceeding, it is extremely difficult to go back and increase the prin- cipal amount of the bonds. The best course, in his opinion, was to pick a sufficient amount to cover all contingencies. The Mayor asked if this would have any impact on Moyle, Flanigan's fee. Mr. Raymond responded, "None whatsoever." Other technical remarks were made. Mayor Moore asked if the City's financial advisor intended to charge the City on this rate schedule on a $10,000,000 deal. The Mayor referred to Mr. Segal's Contract. Mr. Segal stated if he was involved in the bond issue, there is a schedule in the Contract for fees which would be charged. If the bond issue goes above $8,000,000 for interest charges, Mr. Segal stated he would not charge above the $8,000,000. Mayor Moore noted the City had already sold $3,000,000 worth of bonds and had "pretty much" sold the other $5,000,000 as well. He didn't know what function the financial advisor would be performing other than drawing up the amortization 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 schedule. Other comments were made by the Mayor about the amount to be paid the financial advisor. City Attorney Rea proceeded to read Proposed Resolution 90-J by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, OF THE CITY FOR THE PURPOSE OF REFUNDING A CERTAIN JUDGMENT AGAINST THE CITY; PROVIDING THAT SUCH GENERAL OBLIGATION REFUNDING BONDS SHALL CONSTITUTE GENERAL OBLIGATIONS OF THE CITY, AND THAT THE FULL FAITH, CREDIT AND TAXING POWER OF THE CITY SHALL BE IRREVOCABLY PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH GENERAL OBLIGATION REFUNDING BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR THE APPOINTMENT OF A PAYING AGENT AND A BOND REGISTRAR; AUTHORIZING THE VALIDATION OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE." Commissioner Wische moved to adopt Proposed Resolution 90-J. Vice Mayor Olenik seconded the motion. Vice Mayor Olenik remarked that he had been against the $8,000,000 settlement, but he was on the minority end of the vote and he did not want to stand in front of this authori- zation. Mayor Moore was not comfortable with the $10,000,000 authorization. If $10,000,000 is authorized, oftentimes people find a way to spend it. He also understood the input of the City's bond counsel. The Mayor stated he would never vote for one cent more than what it takes to get this thing "out of our hair". He also voiced objection to the involve- ment of the fiscal advisor in this and didn't feel it was necessary. Commissioner Weiner thought it was imprudent of the Commission to go ahead with the signing of the Settlement, when it had just received word from the City's financial advisor that made it unclear how we were going to pay for this Settlement. Now we see the figure rising from $8,000,000 to $10,000,000 and it could take as long as two years for validation. If the Commission had tabled this for a few days so it could determine the City's position, she felt it would have been a more responsible act on the Commission's part. Commissioner Wische stated he had suggested means to tighten the budget without floating the bond or raising taxes. Now 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 we are going to float the bond. If the fee calls for a yearly payment of $800,000, he felt it could come right out of the budget. Discussion took place between Commissioner Artis and City Manager Miller on the fact that the City would be borrowing up to $10,000,000. Mr. Miller noted we do not have a handle on the validation process. It is not an easy one. There has not been a Judgment Bond since 1941 and it could take additional time. Mr. Raymond stated there is no guarantee it will be validated, but if it is validated, that's the end. Mr. Miller remarked that Mr. Raymond's research had indicated this falls within the proper guidelines and there shouldn't be any reason why it shouldn't be validated. Commissioner Weiner was uncomfortable with this. Mr. Raymond stated he was not going to say there was no reason that these bonds might not be validated. There is a reasonable basis that a Court could conclude these bonds are validly authorized~ Mayor Moore noted Mr. Raymond was recommending this to the City and based on Mr. Raymond's research, even though its a 1941 case, where it was before the enactment of the present Constitution, there has been no judicial indication that the Judge would have any reason to deviate. There is nothing in the Constitution that would prohibit proceeding the way the City is. Mr. Raymond agreed. Remarks were made about the minimum of 21 days required for publication, and the Judge's calendar. Mayor Moore called for a vote on the motion to adopt Resolution 90-J which was currently on the floor. The motion carried 4-1. Commissioner Weiner voted against the motion. DEVELOPMENT PLANS: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Woolbright Place - Traffic Improvements (Previously TABLED) Kiernan J. Kilday/F. Martin Perry Tradewinds Development Corporation d/b/a Tradewinds Group Northwest corner of Interstate 95 and Woolbright Road Final approval of modification of traffic improvements identified in October 23, 1989, Barton-Aschman Associates, Inc. Traffic Report, for Woolbright Place Planned Commercial Development Vice Mayor Olenik moved to remove this topic from the table. Commissioner Wische seconded the motion which carried 5-0. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 City Manager Miller remarked the Commission had already taken action on this and no action was necessary. B. Coastal Corners Service Center - Site Plan Extension This is the Fred & Joe's Service Center which is located diagonally across from City Hall, near DJ's Restaurant. Jim Golden, Senior Planner remarked this is the Site Plan proposed to redevelop the Center with a coastal village theme under the proposed guidelines for Boynton Beach Blvd. The current six month extension of the development order is due to expire on February 16, 1990. Approval is recommended to extend the development order to August 16, 1990. Vice Mayor Otenik moved to grant the extension. Commissioner Wische seconded the motion which carried 5-0. C. Master Plan Modification - Congress Lakes Planned Unit Development Jim Golden, Senior Planner explained this request would allow for the exclusion of the 13.179 acre parcel from the Congress Lakes PUD. Staff recommendation is a finding of Substantial change for three reasons. Mr. Golden referred to a discrepancy regarding the increase in density referred to in point $1 of his January 19, 1990 memorandum to the City Manager. Mr. Golden clarified when ~he PUD came into the City it was 11.2. It is currently 12.04 as a result of the Catalina Centre hotel and shopping center being rezoned C-3. If this request is approved, it would jump up to 13.4 units per acre. The Vice Mayor noted the back end of the property is jagged and imposes on the residential property that exists back there. If it were straigtened off so it would be consistent with the back of Catalina Centre and the lake was extended as a buffer between the commercial and the residentialf he wondered what the loss of sq. footage would be for the par- cel. Mr. Golden responded it would be difficult to say as it would depend on the ultimate configuration of the lake and other factors. A rezoning and site plan application which is based on approval of this application will be reviewed by the Planning and Zoning Board on February 13, 1990 and will come back to the Commission on February 20, I990. Commissioner Wische referred to the Commission previously ~pproving the change in land use and the incorporation into the Comprehensive Plan. At that time he stated the Commission was aware of the slight change in density because 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 the Planning Dept. had brought the topic up. Mr. Golden didn't recall if the issue came up at that time. Relative to the concern of allowing the rear of the shopping center to be exposed to the residential units in the PUD with little separation, Commissioner Wische made comments about the possibility of a berm to buffer the situation. Mr. Golden stated the TRB was aware that a 6' wall would be required as there wouldn't be a physical separation such as a lake or a road. Potentially two story units will be looking down at the back of the center and that was the basis for the TRB's recommendation. Discussion took place. Commissioner Wische didn't agree that a concrete wall should be put there. He felt a berm or buffer should be put there to separate. The residents in the second story will still be able to see over a 6' concrete wall. Mr. Golden remarked the wall is a zoning requirement and they would need a variance to delete it. Remarks were made about the migra- tion of zoning at the site. Mr. Golden stated that extending the lake or other design factors could be made conditional if the Commission saw fit. Commissioner Wische moved that there be a finding of no substantial change. Vice Mayor Olenik seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. D. Master Plan Modification - Lawrence Grove P.U.D. Jim Golden, Senior Planner explained this parcel is a County pocket which lies between Lawrence Grove and the Meadows. One of the conditions imposed on Lawrence Grove was for the developer to attempt to acquire or condemn a 60' right-of- way to the connector road in the Meadows to the collector road in Lawrence Grove, maintaining a continuous road System. The basis for the condition was to improve the emergency access for the Police and Fire Depts. to the Western areas of the City. Mr. Golden explained the current request is to change the nature of the condition from a 60' right-of-way to a 10' utility easement as Palm Beach County has concerns with the litigation for the condemnation of the right-of-way. The City staff stands by its original recommendation at the time of zoning approval and feels a reasonable attempt should be made to attempt to acquire the right-of-way for emergency access. Comments were made on efforts made to date to obtain the right-of-way. Mr. Golden didn't think it had gone to lititation yet and thought the crux of the issue might be that there may be more of a basis in law of prece- dent for the easement rather than the road. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Road access from various directions was addressed. Mr. Golden commented that after listening to staff at the TRB meeting there appeared to be an urgency to try and get as much in there as quick as possible to improve the situation. Discussion had taken place that the City could not necessarily rely on certain developers when the schedule is unknown about putting in other roads. The missing link pro- perty owner's name is Foster. The property owner is asking a fairly high sum for the land. Discussion ensued. Tim Cannon, Interim Planning Director explained Palm Beach County's attorney advised the Land Acquisition staff that if this went to Court, the County would have difficulty establishing a legal basis for the County condemning the right-of-way for a local street which serves projects within the City. If it was right-of-way for a thoroughfare for an arterial like Hypoluxo or Lawrence Rd., the County would be on firm legal ground. The Mayor thought if this was going to be an impossibility to obtain, it was ridiculous to hold up the whole project. Technical discussion took place with Mr. Cannon relative to the County, eminent domain proceedings and the amount of money the owner is asking for the property. Commissioner Wische could not see holding up a project that has made every effort possible to achieve the maximum safety they could get out of it, when one person is holding them UP- Commissioner Wische moved to approve this as not a substantial change and deleting the recommendation of staff ~hat the developer has to get that. The developer will exercise his best efforts to get it but it will not be a '!killer" if he can't. Vice Mayor Olenik seconded the motion. Commissioner Weiner was uncomfortable voting against staff recommendations. Although there was no representative of the developer pre- Sent, Vice Mayor Olenik hoped the City could get a commit- ment from them that they would continue to try to go that route, if cost will allow it. Commissioner Wische remarked ~hat K. Hovnanian is a reputable builder and he didn't think they would "snuff out" of something of this nature without giving it their best attempt. Mr. Cannon remarked the condemnation proceeding is being done by the County as a courtesy. The County is advising ~he City and the developer that to proceed with this would probably be futile. Mayor Moore called for a vote on the motion currently on the floor. The motion carried 4-1. Commissioner Weiner voted against the motion. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA E. Excavation & Fill Application/Variance Woolbright P.C.D. - Home Depot FEBRUARY 6, - Shoppes of 1990 Vincent Finizio, Acting Assistant to the City Engineer stated staff recommended approval of this application. This variance will allow the applicant to start their excavation and fill before final platting has taken place. Mr. Finizio explained the time factors involved. Commissioner Wische moved to approve the variance and accept the recommendations of staff. Mayor Moore passed the gavel and seconded the motion. The motion carried 5-0. The gavel was returned to the Mayor. Resolution 90-G Re: Acceptance of Letter of Credit - Shoppes of Woolbri~ht PCD City Attorney Rea read Resolution 90-G by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF LETTERS OF CREDIT RELATED TO DEVELOPMENT WITHIN THE SHOPPES OF WOOLBRIGHT PCD." Commissioner Wische moved to adopt Resolution 90-G. Vice Mayor Olenik seconded the motion which carried 5-0. The Mayor declared a brief recess at 7:38 P.M. The meeting resumed at 7:45 P.M. pUBLIC AUDIENCE (Continued) Mayor Moore apologized that he had missed a person under the Public Audience section of the meeting. Ms. Eileen Clarke, 11 Colonial Club Drive, Apt. 102, Boynton Beach proceeded to address the Commission. She wanted to know the status of plans to landscape the medians on Federal Hwy., south of Woolbright Road. She stated the Ramada Inn and Homing Inn were supposed to be landscaping medians in front of their properties but they haven't. Charlie Frederick, Director of Recreation & Parks stated in the downtown area five medians are to go to bid in the next week or two° ~nese are ones that will come with DOT matching funds. Mr. Miller and Mr. Frederick both indicated there are no plans to do any further landscaping of medians in the south end at this point. Mr. Miller noted the City would be doing three islands south of the CBD and two islands north. Ms. Clarke stated she has been attempting to get this done for over three years and apparently she had been misinformed by the CAB. ~ne CAB had informed her that the medians south of Woolbright would be done. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Relative to the median in front of the Ramada Inn, Don Jaeger, Building Official stated their final C.O. has been approved at the order of the Commission. The requirement to landscape the median was not part of the approved site plan but rather was a request after the fact and they did not want to spend the money since it was not required. In connection with the Homing Inn, Mr. Jaeger was not sure and stated he would have to check on what was approved. Mr. Jaeger will report back to Mr. Miller and Ms. Clarke can follow-up with Mr. Miller. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90-3 Re: Dry Boat Storage in the Central Business District City Attorney Rea read Proposed Ordinance No. 90-3 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYIqTON BEACH, FLORIDA AMENDING APPENDIX A, ZONING, SEC- TION 6.E.l.e. ALLOWING FOR DRY STORAGE OF PRIVATE PLEASURE CRAFT IN THE CBD; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF APPENDIX A - ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTAED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." The Mayor remarked this Ordinance adopts action previously taken by the Commission. If approved, Mr. Rea stated second reading should occur within 30 days of public notice to the land owners in the CBD. The Mayor asked when the Notice would go out. Mr. Rea responded that would depend on the schedules in the Planning Dept. and City Clerk's Office. The Mayor stated this was a legal matter and whatever the required notice is, to implement it. He asked that the City Clerk be called in the morning so this could move forward. Vice Mayor Olenik moved to adopt Ordinance No. 90-3 on first ~eading. Commissioner Wische seconded the motion and a roll call vote was called by Betty Boroni, City Clerk as follows: Commissioner Artis - Aye Commissioner Weiner - Nay 18 MINUTES - REGULAR CITY COMMISSION MEETING BO~NTON BEACH, FLORIDA FEBRUARY 6, 1990 Commissioner Wische - Mayor Moore - Vice Mayor Olenik - Motion carried 4-1. C. Resolutions 1. Proposed Resolution 90-H Re: Solid Waste Authority City Attorney Rea read Proposed Resolution 90-H by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE PALM BEACH COUNTY LEGISLATIVE DELEGATION NOT TO SUPPORT THE TRANSFER OF ALL ASSETS AND LIABILITIES FROM THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY TO THE BOARD OF COUNTY COMMISSIONERS, AND NOT TO SUPPORT A RESTRUCTURING OF THE SOLID WASTE AUTHORITY BOARD." Commissioner Wische moved to approve Proposed Resolution 90-H. Vice Mayor Olenik seconded the motion. Mayor Moore stated he intended to vote against this as it is another layer of bureaucracy created by the County Commissioners because they don't have the "guts" to face the issue of locating these solid waste authorities around the County. He thought this board should be abolished and it Ought to be put back in the laps of the County Commissioners. ~%e Mayor felt the County Commissioners Should stop ducking their responsibility in this regard. As an elected official, you have to make difficult decisions and not appoint it to second layer boards o~ this nature. As a member of the Solid Waste Authority, Vice Mayor Olenik stated the logic behind the seven member body comprised of four municipal members and three members of the County Commission is that roughly 63% of the residents in the County live within the municipalities of the County and are under the jurisdiction of the local elected officials of those cities. A similar amount of waste is generated by the Cities as opposed to the County. That is why, since 1974 or 1975 the Solid Waste Authority has been comprised of both types of members. Mayor Moore asked how many millions of dollars the Solid Waste Authority had wasted on studies and every time the people march in the area they propose to put the waste in, they buckle. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 The Vice Mayor responded that since 1984, Site ~1~ the west Boca Raton site, has been the prime site for a South County resource recovery recycling and landfill facility. The County Commission is trying to take it back under the auspi- ces of the County Commission so they can in turn buckle and move it out of the west Boca area. The Vice Mayor stated it is a west Boca issue that has caused the potential abolition of the Solid Waste Authority. Discussion took place. The Vice Mayor explained that what is being asked of the Legislative delegation is that the Solid Waste Authority become a seven member elected body and that those represen- tatives live within the districts of the County Commission while elected at large. Mayor Moore called for a vote on the motion to approve which was currently on the floor. The motion carried 4-1. Mayor Moore voted against the motion. 2. Proposed Resolution No. 90-I Re: School Crossing Guards City Attorney Rea read Proposed Resolution No. 90-I by cap- tion only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STRONGLY OBJECTING TO PALM BEACH COUNTY'S PROPOSED REPEAL OF ORDINANCE 72-8 WHICH CURRENTLY PROVIDES FUNDING BY PALM BEACH COUNTY TO THE MUNICIPALITIES FOR SCHOOL CROSSING GUARDS; URGING ALL OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY TO JOIN IN THIS OBJECTION IN ORDER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF ALL CHILDREN WITHIN THE COUNTY" Vice Mayor Olenik moved to approve Proposed Resolution No. 90-I. Commissioner Weiner seconded the motion which carried 5-0. 3. Proposed Resolution No. 90-J Re: Bond Issue (Tradewinds Settlement) This topic was considered earlier in the meeting. D. Other: 1. Amendment of Proposal for Professional Services - Tradewinds Parcel - Woolbright Place PUD (Previously TABLED) Commissioner Weiner moved that this topic be removed from the table. Vice Mayor Olenik seconded the motion which carried 5-0. Mayor Moore referred to confusion on the part of Walter H. Keller, Jr., Inc. on whether to do the traffic study on a 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYiqTON BEACH, FLORIDA FEBRUARY 6, 1990 1986 basis or a 1989 basis. He proceeded to do it on a 1989 basis which the Mayor said was completely contrary to the specific direction of the Commission. Now payment of $4,102.95 has been requested and the City is being asked to pay for something that is useless because the instructions weren't clear. Commissioner Weiner commented Mr. Keller had no instructions, that was why it was not clear to him. City Attorney Rea thought the Commission had given Mr. Keller mixed signals as whether to evaluate under 1986 or 1989. Also, there was a suggestion on the part of Burman and Critton that 1989 should be considered as well because the City might want to consider a 1989 evaluation as a benefit which could be negotiated in the settlement process. Mr. Rea stated when the original structure was proposed there was substantial discussion about whether or not we would deal with the '86 or '89 standards and the Commission at that time had not decided. Mr. Rea noted there was a very strong indication that all the zoning enhancements would be viewed and evaluated from the 1989 traffic stan- dards. Mr. Rea added that the Commission later changed its mind. Commissioner Wische had been under the impression that the present Commission directed that it be done under the 1986 standards, The Mayor agreed. The Commission agreed to table this topic until the earlier Commission Minutes could be reviewed. 2. Attorney General Opinion - Effect of Municipal Home Rule Powers Act on that part of the City Charter which pro- vides for citizens' initiatives and referendums for the adoption of Ordinances A letter from Attorney General Robert A. Butterworth, dated January 16, 1990 had been provided the Commission on this topic. There was agreement on the part of the Commissioners that under no circumstances, regardless of what alleged power the Commission may have, would they move to raise the height limitation without a referendum of the people. Discussion took place relative to establishing a Blue Ribbon ~narter Review Committee set up to look at the Charter and streamline it. City Manager Miller stated he had been involved in three major Charter revisions over the years. He was asked to bring back basic recommendations on how this could be accomplished. Mr. Miller stated it works best when the people on the dais handle it themselves. Public input Will be welcome during the Public Hearing stage. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 3. Water Service Agreement within Tropical Terrace Subdivision a) David F. & Lynne J. Ebersold b) Lawrence C. & Ailene Harvey c) Harry & Hazel Hewitt Lots 114 & 115 Lot 65 & N. 10' of 64 Lots 10 & 11 Vice Mayor Olenik moved to approve these Water Service Agreements. Commissioner Wische seconded the motion which carried 5-0. 4. Status report of outside legal cases City Attorney Rea had provided the Commission with a monthly status report on cases being handled by outside counsel for the City. In connection with the Seppala & Aho litigation, Mr. Rea stated the architects had set depositions for the week of March 5, 1990. Mayor Moore referred to discussion which indicated Seppala & Aho would withhold proceeding and now depositions have been set. The Mayor's understanding was that the Commission was going to instruct Mr. Rea to have the City's attorneys stop the "meter reading" until we can get a better look at this. The Mayor remarked he had been inundated with correspondence again, from Slawson &Burman and felt this was based on Mr. Rea's instructions. Mr. Rea responded the Mayor does not make decisions unila- terally. Mr. Rea also felt it was the Mayor's choice to legally "castrate" the City in a piece of litigation where we are being sued. Mr. Rea reminded the Mayor it was the architects' attorneys that set up the deposition schedule, not the City. The City is required to attend. Discussion transpired. The Mayor stated there was a possi- bility this could be handled on a contingency basis where the City wouldn't be faced with astronomical legal fees. Mr. Rea stated Slawson &Burman had been "hand selected" by the Mayor for the City. Other remarks were made. Mayor Moore addressed Mr. Rea and stated the Commission had no knowledge that Mr. Rea had hired Michael Davis, Attorney at Law, to handle the appeal in the Tradewinds matter. The Mayor understood Michael Burman was going to handle it. Disagreeable conversation took place between the Mayor and Mr. Rea. The Mayor remarked Mr. Rea had neglected to notify Burman and the appellate attorneys as of the last meeting in settlement that from that date forward, Mr. Perry and Tradewinds were going to assume all legal responsibility for defending appeals or anything else connected with Tradewinds. ~ne Mayor stated additional fees would be 22 MINUTES -.REGULAR CITY COMMISSION MEETING BOTfNTON BEACH, FLORIDA FEBRUARY 6, 1990 coming in because they weren't told. Mr. Rea noted Michael Burman suggested Michael Davis' firm handle the appeal if necessary. The Mayor thought this was an example of a law firm being hired and the Commission didn't have knowledge of it. 5. Request approval of payment of legal fees - Morey's Condemnation City Attorney Rea reminded the Commission that in any con- demnation, the City has an obligation by State Statute, to pay opposing counsel's legal fees and costs with relation to the condemnation procedures. Time sheets relating to Adams Weaver's defense came to $62,306.50 with costs of $27,166.78 for a grand total of $891473.28. The lawyer and paralegal had spent a total of 367.2 hours on the case. The fee had ranged from $250 to $65 per hour. Mr. Rea had reviewed the time sheets extensively and felt they were appropriate. Expert witnesses costs were from Planning & Zoning con- sultants, appraisers, engineers and architects. The City spent $45,439 defending itself in this case. The opposing side spent approximately twice that much. Mr. Rea stated he unequivocably authorized the Commission to pay the bill because if the City went to Court, not only were the bills reasonable, but if the City challenges the nature and extent of the bills, the Courts would probably introduce the "loadstar" multiplication factor which would ultimately provide for costs of 1.5 times the $89,000. Mr. Rea indicated his office found only one disturbing aspect to the bills incurred by Joann McClure in the Morey's condemnation. Prior to becoming Mayor, Mr. Rea statedt Gene Moore filed an Answer to the City's Complaint on behalf of Dorothy Morey on October 18, 1988.. Ms. Morey was a party to this litigation because title searches indicated she had an unsatisfied mortgage on Morey's Lounge. Under Condemnation laws you are required to notice all people that have an interest in party. Subsequent to filing his answer on behalf of Ms. Morey, Gene Moore filed a pleading on March 27, 1989, just before becoming Mayor, which disclaimed any interest on behalf of this client in the property. Nonetheless, Mr. Rea stated Mayor Moore remained as attorney of record throughout the entire litigation while con- sistently voting and attempting to reverse the City's con- demnation vote. Mr. Rea indicated Mayor Moore, to date, is still attorney of record for Dorothy Morey because he still has not filed a Motion to Dismiss her from the Complaint~ Mr. Rea referred to six entries on the time sheet record between June 7, 1989 and October 17, 1989, reflecting telephone conversations between H. Adams Weaver and Mayor Moore. Further correspondence in Mr. Weaver's litigation 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 file indicates Mayor Moore was willing to testify on behalf of Joann McClure against the City of Boynton Beach's condem- nation. Mr. Rea thought these issues raised questions that he, as City Attorney, was obliged to make the Commission aware of. Mr. Rea stated this type of conduct might very well be construed as a violation of Florida State Statute 112.313(6). The content of the Statute was explained. In addition, Mr. Rea thought this conduct by Mayor Moore who is an attorney, may be construed as a violation of the Florida Bar Rules of Professional Conduct. Mayor Moore responded that Mr. Rea and the attorney he hired were too stupid to find out who the proper defendants were and to file the required Affidavits. He told Mr. Rea to do whatever he wanted to do or make a complaint against him if he wanted to. The Mayor felt the whole thing was a fiasco and never should have been done. Mayor Moore didn't feel Mr. Rea had the professional integrity or "guts" to stand up and tell the Commission they were off base when they tried to buy a piece of property for seven parking places for a million dollars. The Mayor intended to move to fire Mr. Rea for gross incompetence and for recommending that this bill be paid. The Mayor wanted to know why Mr. Rea was authorizing payment of almost a $90,000 bill when Mro Weaver was aware of the fact that the man Mr. Rea hired had a defective Complaint and that could have been done 18 months ago, eliminating expense. Rather, Mr. Weaver sat back and waited until everything was ready to go to trial and then "pulled the rabbit out of the hat" and it was thrown out of Court. The Mayor thought the Commission should contest this bill and ask that the Court be asked to ask Mr. Weaver why he proceeded to run up a $90,000 bill when he should have known the Complaint was totally defective. Mr. Rea stated the defectiveness of that Complaint, with regard to notice to the Water Management District has been laughed about throughout the legal community because only 1/10th of 1% of any condemnation agency ever files notice to the Water Management District. Mr. Rea stated Mr. Weaver had indicated to him (Rea) that Mayor Moore told Mr. Weaver to do whatever he had to do as the Mayor wouldn't fight him on the legal fees. Mayor Moore disagreed and said he was fighting it now. Disagreeable conversation took place between the Mayor and Mr. Rea. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach stated she wished to address the Commission. Mayor Moore stated this was not the Public Audience section of the meeting. She was persistent and the Mayor asked the other 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Commissioners if they wanted to hear what she had to say. Commissioner Weiner and Vice Mayor Olenik wanted to listen. Ms. Greenhouse stated the Morey's case had been dismissed without prejudice. This meant it had a defect but it could immediately be refiled. Ms. Greenhouse stated Mayor Moore convinced the Commission not to refile. She felt the Mayor had desired to "squash" the condemnation that another Commission had made a commitment to the City to go forward on. She indicated 99% of the legal fees that were going to be incurred had been incurred. All that was left was to go to trial. Ms. Greenhouse felt the Mayor had convinced the Commission not to refile. She noted it was still not too late to refile without prejudice. Other remarks were made. Reference was made to the Mayor being willing to testify against the City and Mayor Moore clarified he had been sub- poenaed. Mayor Moore thought a malpractice suit should be filed against Paul Turk so the City could get its money back. Discussion transpired. Mr. Rea thought that was ludicrous and explained why in detail. Mr. Rea felt Mr. Turk was a very competent attorney. Remarks were made about not having refiled and whether there was a need to notify the Water Management District or not. Further disagreement took place between the Mayor and Mr. Rea. Vice Mayor Olenik remarked he was not comfortable with the advice that was being received from two different attorneys. Mayor Moore stated he was not giving legal input, but was giving input as an elected official who is attempting to stop the hemoragging of money going out to attorneys because of "botched" cases. The Mayor was not happy with the legal services the City has been getting. Motion Commissioner Weiner moved to table this payment to Mr. Weaver until the next Commission meeting so the Commission can try to get more input of where it stands if it chooses to not pay the charges. Vice Mayor Olenik seconded the motion which carried 5-0. 6. Selection of Assistant City Attorney (Previously TABLED) Commissioner Wische moved to remove this item from the table. Vice Mayor seconded the motion which carried 5-0. Commissioner Wische referred to recent correspondence from City Attorney Rea which outlined specific areas the new Assistant City Attorney will handle. Commissioner Wische thought in all fairness, the Assistant City Attorney should be brought on board and then if the Commission cared to, 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 City Attorney Rea could be evaluated six months later. Remarks were made about labor law expertise. Commissioner Wische referred to the Commission's concern with use of outside consultants and outside legal counsel. He pointed out that none of this happens without Commission permission. He thought the Commission should keep this in mind when they make a decision on approving or not approving the Assistant City Attorney. Commissioner Weiner stated she had never been convinced the problems in the City's Legal Dept. were strictly related to time management~ She has always been concerned with the extent of expertise in that office. She stated the Commission still didn't really know if the new Assistant City Attorney would really be an expert on labor law, con- demnations, foreclosures, etc. She felt the person under consideration only had eight years experience and she was worried the City would be combining an attorney of limited expertise with an attorney of limited experience. Other remarks were made. Motion to Discharge City Attorney Raymond Rea Mayor Moore passed the gavel and moved that Raymond Rea be discharged. Commissioner Weiner seconded the motion. Various Commissioners expressed their feelings about Mr. Rea and the Assistant City Attorney under consideration. Commissioner Artis requested clarification on whether Mr. Rea called in outside attorneys after being instructed not to do so by the Commission. Disagreement took place between the Mayor and Mr. Rea. Mr. Rea stated the City had not incurred any additional fees from Slawson, Burmah & Critton as the Commission desired, with regard to the Tradewinds issue. Lengthy discussion took place between Mr. Rea and Mayor Moore about when and under what circumstances Mr. Rea and City Manager Miller had been instructed to stop all work on the Seppala & Aho case. At one point Mayor Moore felt Mr. Rea was out of order. Relative to Tradewinds, Mr. Rea explained that outside legal counsel stopped when the Commission decided to stop it. Vice Mayor Olenik remarked that after the last Commission meeting he had gone back and utilized the Performance Appraisel Form Mr. Miller had provided which had been used in Oakland Park. Fourteen different areas of Mr. Rea's per- formance were evaluated. The Vice Mayor stated he tried to be as objective as possible. On a rating of 1~5 (5 being exceptional and 1 being unsatisfactory), the Vice Mayor's rating gave Mr. Rea a 2.3. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Vice Mayor Olenik stated he felt the Commission deserved the utmost respect from the two employees that report to them, 100% of the time. ~ne Vice Mayor felt some of the remarks made in public by Mr. Rea at this meeting were unconscionable as an employee reporting to the Commission and he elaborated. The Vice Mayor found some of the remarks addressed primarily to the Mayor to be disturbing. Mr. Rea, in the Vice Mayor's opinion, had done an adequate job but not an exceptional job as City Attorney. Other remarks were made. Cynthia Greenhouse interjected from the audience and referred to Robert's Rules of Order providing for a situation where if someone makes a motion and that motion fails, they cannot raise that motion again. Commissioner Wische stated Ms. Greenhouse was correct and discussion took place. Vice Mayor Olenik turned to City Attorney Rea and asked him if the motion was out of order. The Vice Mayor realized this question put Mr. Rea in an uncomfortable situation. Mr. Rea responded the motion technically was improper. What they would need would be for either Vice Mayor Olenik, Commissioner Artis or Commissioner Wische to make the motion. The Vice Mayor declared the motion on the floor to be improper and he returned the gavel to the Mayor. The Mayor stated he took exception to the rule but said they should proceed. Vice Mayor Olenik moved to remove Raymond Rea as City Attorney for the City of Boynton Beach. Commissioner Weiner seconded the motion. Commissioner Weiner asked if she could second the motion. Mayor Moore remarked if she couldn't, he Would. Mr. Rea stated she could second it. The Mayor ~epeated he would second it too. The Mayor called for a Vote and the motion carried 4-1. Commissioner Wische voted against the motion. Mayor Moore suggested City Manager Miller initiate steps in ~he morning to address this situation. Remarks were made about considering the options of hiring a full-time City Attorney vs. obtaining bids to hire a large law firm. If ~he City decides to hire a large firm to represent the City, the Commission agreed it wo~ld need to go out for RFP. Mr. Miller will be addressing these options. Mr. Rea asked when his legal services officially terminate. Discussion took place on whether it should be immediately or not. Mr. Rea referred to a hearing scheduled the next morning before Judge Garrison in connection with entering 27 MINUTES - REGULAR CITY cOMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 into the Stipulated Settlement Agreement in Tradewinds. If the Commission had terminated Mr. Rea immediately, he stated he would have to go to the hearing in the morning and tell the Judge the City has no attorney of record. He would have to withdra~ as attorney of record. The Mayor remarked Mr. Perry would be covering it. The Mayor suggested the City 5~nager be authorized to hire an interim attorney to cover the City on all matters until it can get a permanent repla- cement. The firm of Moyle, Flanigan was brought up. Mr. Mark Raymond stated he would find out if his firm could handle this. The Mayor explained this was an executed Stipulated Settlement and Mr. Perry would be the lead lawyer submitting it. The City simply needed someone to appear on behalf of the City and to agree to the Judgment. The Judge would either approve or disapprove it. Mr. Raymond said he would get right back with the Commission and he left Chambers to use the telephone. City Manager Miller asked that the Commission retain Moyle~ Flanigan's services on an interim basis until other arrange- ments could be made. Mayor Moore noted this was an emergency situation but after the hearing in the morning the City should get a proposal from them to be reviewed by the Commission. There was agreement. Mr. Rea was asked to remain with the Commission on the dais until the end of the meeting. Later in the meeting, Mr. Raymond returned to Commission Chambers and stated Moyle, Flanigan would be pleased to represent the City at the hearing in the morning. Other remarks were made~ Commissioner Wische asked what was going to happen to Mr. Rea's staff. City Manager Miller responded there were other areas of the City that are in need. These people could easily be transferred to other areas. 7. Policy on releasing performance bonds, cash bonds and letters of credit City Manager Miller stated this had been discussed with staff and a proposed policy was being submitted to the effect that all performance bonds, cash bonds and letters of credit posted with the City of Boynton Beach for the exclu- sive purpose of guaranteeing performance of the purchase of capital outlay or completion of a public improvement project shall be finally released by resolution of the City Commission upon the final receipt of certification/approval of the Department Head on said purchase or project. Commissioner Weiner moved to establish this policy as recom- mended. Vice Mayor Olenik seconded the motion which carried 5-0. 28 MINUTES - REGUL~R CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 8. Appraisal of FEC Property City Manager Miller requested authorization to get an updated property appraisal on the parcel of FEC land which is located east of the FEC tracks, between Ocean Ave. and Boynton Beach Blvd. The City is now in a position to com- mence negotiations with FEC for the purchase of the parcel. City Manager Miller didn't think this small parcel was of sufficient size for a spur. A remark was made about the potential for using this property for parking in the down- town area. There were no objections from the Commission. OLD BUSINESS A. Report on Newsletter Survey Lois Rush, 28 Colonial Club Drive, ~105, Boynton Beach addressed the Commission as a representative of the South Palm Beach County League of Women Voters. She outlined the contents of her January 29, 1990 memorandum to the Commission and explained exactly how the readership survey was conducted and the results. 78% of those polled found the newsletter useful. In view of the cost to produce the Newsletter, 66% of those polled stated they would like to see the Newsletter continue° Some persons were undecided and in other households the volunteers were unable to reach an adult. Ms. Rush explained the variables. Ms. Rush stated this survey had been performed as a com- munity service but the League did appreciate the $500 dona- tion the City was making to the League. Reference was made to a report that Mayor Moore had received about ten phone calls from respondents to the survey who indicated they were pressured into saying they wanted the Newsletter continued. Ms. Rush was not anxious to make any more phone calls but stated if the Mayor would give her the phone numbers of these people, (no names required), she would check them to determine if they were pressured. Mayor Moore stated he would provide Ms. Rush with the phone num- bers. Commissioner Weiner thanked Ms. Rush and all the volunteers who participated in this survey for the job performed° She asked the City Manager to write a letter commending them for this effort. Former Mayor Ralph Marchese addressed the Commission and felt Ms. Rush did a superb, professional job. He felt the survey had proven the value of the Newsletter. Reference was made to citizens who are kept up-to-date on what is going on in the City. Mr. Marchese encouraged the Commission to approve the continuance of the Newsletter. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Gretchen Roose, President of the League of Women Voters addressed the Commission and noted Mayor Moore called one of their Board members in December, 1989 and asked that the League, who he regarded as an impartial group, undertake this telephone survey. After reviewing how the questions were to be arrived at and the telephone numbers to be selected, the Board agreed to carry out this civic project and designated Lois Rush to head up the operation. The League commended Ms. Rush for her leadership in this. Ms. Roose made further remarks and stressed the objectivity which had been demonstrated. She stated the League is proud of its reputation and must respond vigorously to any charges that reflect unfairly on the objectivity of the League. Discussion took place among the Commissioners. Commissioner Wische remarked never did he intend for Laura Widmer to be fired. He felt the Newsletter is dated and he cited an example. He thought the format of the paper should change. He proposed the Newsletter be produced quarterly under a different format, to save money. He thought there should be more news pertaining to government movement than activities which could be picked up in any newspaper. Commissioner Wische moved that the Newsletter be produced quarterly and that Laura Widmer get together with the City Manager on the format. Mayor Moore passed the gavel and seconded the motion. Commissioner Weiner remarked if they thought it was dated when produced once a month, it would be even more dated if produced quarterly. The survey proved the citizens find it useful. She couldn't understand why they would want to cur- tail publication from monthly to quarterly after these sur- vey results. Further discussion took place on perhaps producing the Newsletter every other month. Commissioner Wische withdrew his motion and recommended that Laura Widmer get together with the City Manager and try to work out some other format. Other remarks were made. Commissioner Weiner objected and stated the survey was performed and now the Commission is not working in line with the results. Discussion took place on what the intent of the survey actually was. City Manager Miller stated he would have a proposal at the next Commission meeting relative to this topic. The gavel was returned to the Mayor. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NEW BUSINESS A. Items requested by Mayor Gene Moore Extra-territorial Zoning - Property at Lawrence Rd. Hypoluxo Road FEBRUARY 6, 1990 and Mayor Moore referred to eight acres of property that exist at the corner of Lawrence Rd. and Hypoluxo Road. Lawrence Rd. is soon to be four-laned. Hypoluxo Road is to be six- laned. Even though this property is located in the County, the Planning Dept. had zoned this property single family residential. After the roads are widened the owner will lose about two acres. The Mayor had a problem with this City trying to extra-territorially control and zone people's property. He thought this was wrong. The County had gone ahead and zoned it single family low density and yet the Mayor thought this would end up having to be a piece of com- mercial property. The Mayor remarked the County had indi- cated they did this in deference to the request of the City's Planning Dept. The Mayor asked that this be put on the next Commission meeting Agenda. Melaleuca Trees The Mayor made brief comments about where the City stands as far as getting rid of Melaleuca trees remaining in the City. The City Manager remarked the City Forester had been involved in a study on this topic and the results would be supplied to the Commission when complete. Joe DeLong Plaque Mayor Moore made remarks about the returned plaque having been left in George Hunt's desk when Mr. Hunt left the City. He reminded staff that the plaque still needed to be attached to Joe DeLong's "bench". Sunrise Kiwanis Mayor Moore stated he still hadn't gotten a response on the $3,000 that "slipped through the cracks" in connection with Sunrise Kiwanis. He wanted to make sure staff was still working on this. Statements Regarding Mr. Higginbottom Some months back, when the City was looking for a City Manager, there was publicity in the newspaper regarding Mr. Higginbottom. The Mayor remarked statements were made which were based on quotes in the paper or correspondence that came in which Mro Higginbottom felt were derogatory and incorrect. Mr. Higginbottom wrote the Commission a letter indicating his explanation is truthful. The Mayor suggested, since he was one of the persons that made some of the statements, that the explanation of Mr. Higginbottom in 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 connection with "sending people down to the Daytona Beach Motel to work" be appended to the City's records and accepted as the true statement regarding that incident to avoid any type of injury to Mr. Higginbottom's reputation. Commissioner Weiner suggested Mayor Moore apologize to Mr. Higginbottom or retract his statement. Discussion ensued. The Mayor thought that regardless of what was reported in the newspaper, part of the subject was discussed by the Commission and was one of the reasons he was disqualified from further consideration. Commissioner Wische stated he wouldn't want to ever keep a person from getting a job anywhere else when Mr. Higginbottom had indicated they were false accusations. Commissioner Wische wished to take away any harm the Commission might have done to the man so he could apply for other jobs. Commissioner Wische moved to accept Mr. Higginbottom's explanation as being the truth in this case, rather than the newspaper articles. This should be appended to the Minutes and Mr. Higginbottom should be sent a copy of the Minutes. Vice Mayor Olenik seconded the motion and the motion carried 5-0. Status of Boynton Beach Mall - Sears Addition Mayor Moore asked about the status of this matter. He understood the Gold Coast had objected to the City's actions and the Mayor wanted to know if an appeal had been made to the Governor's Cabinet. Tim Cannon, Interim Planning Director reported the Regional Planning Council had decided to go ahead and appeal the City's Development Order. The Vice Mayor stated he and others were going to be in Tallahassee the next few days. Me wondered if there was anything they could do to help plead Sears' case. Mr. Cannon stated there was a formal procedure set up in Florida Statutes. He would get the material and provide it to the City Manager right away. Comprehensive Plan - DCA Review The Mayor stated the City had been advised over the past few months, since the DCA bounced the Comprehensive Plan back, that it was just a matter of making very minor corrections. Now he understands there is going to be a hearing set to go over the deficiencies. Tim Cannon replied this was standard procedure. The DCA is required to set a hearing date. The City has the option of either going to the hearing before the Florida Dept. of Administration or the City could enter 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 into a Compliance Agreement with DCA. The City has indi- cated to DCA that we are considering a Compliance Agreement at this point. Remarks Made by Planning Dept. to the Public Regarding Water Availability for New Development The Mayor remarked that an individual had been told by the Planning Dept. staff to forget his project because he could not get water to the project for two years. The Mayor asked if the City is communicating this kind of information. Mr. Cannon responded that when people come in with applica- tions for development approval they are advised that it appears either from the standpoint of the level of service in the Comprehensive Plan or from the standpoint of DER regulations, that even though the application could be sub- mitted, there was a possibility that no Building Permit could be issued until the new water treatment plant is on line. Mr. Cannon stated right now the Planning Dept. is attempting to determine if we have already blown the level of service on water. If we've done that, Florida law prohi- bits the City from issuing any Development Orders. Discussion ensued. Once the City has permits for construction of our water treatment plant or expansion of the one that we're doing, the City is under the blanket of what the new MGD will be. City Manager Miller responded the City is out for bids right now and ground should be broken within 110 to 120 days. John Guidry, Director of Utilities reported his staff, the City Manager and Tim Cannon will be meeting with the County Health Dept. on February 12, 1990 to address concerns the Health Dept. has. The Health Dept. has to confirm that there is sufficient capacity on all new projects in the County, to the County Building and Planning and Zoning people. Mr. Guidry stated the Health Dept. had been tracking this for the last three years and knows we have some problems but they are also aware that the City is Working on those problems. That is what the meeting is about. As far as making comments to the public, Mr. Guidry stated he didn't think the Planning Dept. should be speaking on behalf of the Utility Dept. City Board Dinner Discussion took place regarding the Mayor's proposal to hold next year's City Board Dinner at the Civic Center with Fire Dept. personnel putting on a first class turkey dinner for about $2,000. It'was agreed a band should also be included. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Vice Mayor Olenik thought cuts could be made in the menu thereby reducing the price and yet still hold it at a nice location on the caliber of the Holiday Inn or Catalina Club. Perhaps hors d'oeuvres could be eliminated. Vice Mayor Otenik wanted to provide a nicer atomosphere than the Civic Center in view of the hours volunteered on behalf of the City. Discussion ensued. Commissioner Wische moved to go along with Mayor Moore's recommendation to hold next year's Board Dinner at the Civic Center ~nd have the firefighters prepare the dinner. A band should be provided for entertainment and Mayor Moore will pay for a free cocktail party an hour before the dinner. The Mayor passed the gavel and Mayor Moore seconded the motions Discussion took place regarding the site where the cocktail party would be held. The Vice Mayor wanted to let pro- fessionals handle the dinner because if something happens with the volunteers or the Civic Center cannot be used, it would cause real problems. He agreed with Commissioner Weiner that the City should comparison shop. Remarks were made about having waiters included in the deal to serve the food. The Vice Mayor called for a vote on the motion which was the floor. The motion carried 3-2. The Vice Mayor and Commissioner Weiner voted against the motion. on Velodrome The Mayor asked the Commission if it wanted the City to get into a situation of leasing City owned property to private enterprise. The Vice Mayor recalled the Commission at one point had discusse~ setting up a workshop to discuss the Velodromeo Commissioner Weiner objected to the Velodrome being put on dedicated City park land. The Commissioners agreed and discussion ensued° Commissioner Wische moved to disapprove this project using City park property. Commissioner Weiner seconded the motion. Robert Walshak, Chairman of the Planning & Zoning Board interjected from the audience that he felt if this is denied, the Commission would be missing a tremendous oppor- tunity. Mr. Walshak felt the Mayor had presented this in an unfavorable light. He explained one of the alternatives discussed was that the City own the Velodrome and run it. Mr. Walshak thought before the Commission passed judgment on 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 this topic they should hold a workshop to examine it in detail. Other remarks were made. The Vice Mayor asked Olivia McLean, Risk Manager about potential insurance liability involved in leasing City park land for use by private enterprise. Ms. McLean stated she had not had an opportunity to review this proposal, but in general, you cannot transfer landowner liability. If there were an accident on the property, as the owner of the pro- perty we would be a party involved whether there is a Hold Harmless Agreement or not. The Vice Mayor didn't favor leasing City park property for private use, but if it could take place on private land he would be interested in knowing more about this. Commissioner Weiner stated she had been told by Mir. Walshak that the Velodrome would like to come in to a 20 acre site in Quantum Park that was designated for a City park. She thought that was the conceptual idea the Commission was voting on. The Mayor called for a vote on the motion to disapprove the project using City park property. The motion carried 5-0. Mr. Victor Rose remarked from the audience that he had hoped the Commission would call a workshop to discuss this so he could explain the opportunities that exist. Commissioner Weiner asked Mr. Rose if the project would need to be on City designated park property in Quantum Park. Mr. Rose responded that was what he was recommending, otherwise the project wouldn't work financially because of land costs. Discussion ensued° City Manager Miller suggested the Commission discuss this topic further at an upcoming Commission workshop on Capital Improvement Projects. was agreement. There A & P Water & Sewer Supplies, Inc. This topic was discussed earlier in the meeting. B. Items requested by Vice Mayor Bob Olenik, Jr. 1. P.L.U.S. Program Vice Mayor Olenik made comments about the City spending $50,000 on the P.L.U.S. Program which was initially expected to serve about 14 to 20 students per semester. The Vice Mayor remarked he was concerned at the time about the amount of money being spent to serve few people. The January~ 1990 report indicates the number of students participating had dropped to seven. The Vice Mayor thought this money was ill 35 MINUTES - REGUL~R CITY COM34ISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 spent when the sum could be used to hire a D.A.R.E. Police Officer. Maurice Rosenstock interjected from the audience that former City Manager Cheney never contacted a certain individual that he thought should have been contacted in this regard2 Mr. Alton Taylor, Executive Director of the Drug Abuse Foundation addressed the Commission and explained the Commission approved the project about two years ago. They did not issue the "go ahead" until August. Mr. Taylor noted they had repeatedly indicated to the City what the time frame had to be to get the project going. He stated it was their concern and still is their concern that what they were trying to do was not clearly understood by the Commission. Mr. Taylor stated this is a joint project. The City was spending $50,000, but the Foundation was also subsidizing it because this is a difficult to reach popula- tion segment in Boynton Beach. Of the Drug Abuse Foundation's clients served, 33% come from the City of Boynton Beach. Mr. Taylor felt the staff of the program had done an extraordinarily good job to reach this community and he elaborated. Mr. Taylor explained if the City wanted an informational type program to simply present drug information to the children, P.L.U.S. is not that type of program. It is an intervention service to literally take at risk children and make a measurable difference in their lives in terms of preventing school dropout, preventing drug abuse, etc. The Vice Mayor made remarks about the County also assisting in financing of the program and the total cost actually being $115,000. He felt this was a very large sum to be spent on very few people. Vice Mayor Olenik moved that when the P.L.U.S. Program ends, the City desires not to go back into this type of program. Commissioner Wische seconded the motion which carried 5-0. This Program will continue through the end of the school year. The Vice Mayor asked the City Manager to see that the Commission continue to get monthly status reports on the Program. Maurice Rosenstock indicated his daughter was one of the foremost authorities in the United States on drug rehabili- tation. She had provided Mr. Rosenstock with the name of the most prominent person in this State who knows the most about drug rehabilitation and who works with the State Legislature. He had provided this person's name to the Commission and recommended the City contact this person to see what she recommends, what other communities have done and what the cost would be. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 2. Legislative Priorities The Commission agreed the mangroves, the Intracoastal bridge, the 1-95 interchange, Library funding, solid waste water, an HRS facility in Boynton Beach and the topic of Sunshine Law exemption for client/attorney privilege were the highest priorities at this time. 3. Demolitions Within City of Boynton Beach The Palm Beach County Community Development Dept. currently funds demolitions of buildings in the City. The Vice Mayor wondered if there was any way the City could do its own demolitions. City Manager Miller indicated this was possible and he explained what was involved. He remarked that to raze a house and to pay the dumping fees would cost between $2,000 to $3,500 per house. The Vice Mayor asked if our staff and equipment were capable of doing this. Mr. Miller stated if the City were not able to do this there are contractors that could be used. This is something Mr. Miller thought should be explored. After the upcoming election, Commissioner Weiner suggested a workshop tour of the Community Redevelopment areas (commercial and residential) to see what has been done and how it is progressing. ~nere was agreement. Discussion of Employee Suggestion Program Although this topic appeared on the Agenda, it was not discussed. 5. Traffic Performance Standards It was noted that when the County Commission recently discussed the Traffic Performance Standards, the City didn't have any representation present. The Vice Mayor stated the Commission had voted to provide representation or to send a letter voicing dissatisfaction with the Ordinance and yet this did not take place. City Manager Miller stated he would take responsibility for the oversight. D. Items requested by Commissioner Arline Weiner 1. Task Force on Children Commissioner Weiner stated she had asked for the City Manager's assistance in drawing up guidelines on the Children's Task Force. The guidelines will be ready to review at the next Commission meeting. In order to staff the Task Force she recommended the Commissioners each 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 appoint one person. To get the greatest amount of com- munity input, she asked that each of the Task Force members be allowed to appoint a person. Commissioner Weiner asked Mr. Rea if it was possible for a Commissioner to be a non-voting ex officio member of the Task Force. Mr. Rea responded affirmatively. Commissioner Weiner wished to serve in that capacity° The Commission was agreeable to these recommendations. E. Items requested by Commissioner Lee Wische t. Selection of Underwriters for the proposed Utility Bond Issue Commissioner Wische realized there were value engineering reports yet to come in but in the meantime he thought the Commission should select the lead underwriter. Commissioner Wische had been in touch with Mr. Ray Noga of Smith, Barney, the top company on the list and he had asked if they would be willing to take 1.5% of the total bond issue and become the lead underwriter. They would include in their team the bond counsel, financial advisor, etc., all to be paid out of the 1.5%. Mayor Moore didn't have a problem with this but felt it had to be understood that whatever the bond amount turns out to be, the 1.5% would cover everything short of the insurance premium. City Manager Miller asked if the Commission wanted to have some say as to the selection of the bond counsel. Discussion ensued. Mr. Noga stated he would take up the Selection of the bond counsel with the City Manager and Smith, Barney would pay the bond counsel out of the 1.5%. Mayor Moore remarked that hopefully on about February 15, 1990 the City would be getting value engineering and project management which would also give the Commission independent input on the type of bonds to go for, the amount, ~hether to refund, etc. Whatever they recommend to the Commission, the Commission will in turn provide direction to Smith, Barney. The Mayor and Commissioner Wische thought Smith, Barney as underwriter, should be able to select its own team. Discussion ensued. ~ne Vice Mayor asked Mr. Noga if it seemed out of the ordinary to allow them the flexibility of setting up their own team. Mr. Noga responded they do this frequently. Mr. Noga thought the City should select the bond counsel. Other technical remarks were made. Commissioner Weiner wondered if the firm would work for less than 1.5% and conversation took place with David Segal of 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Prudential-Bache. It was noted that at 1.5% it works out to $15 per bond. ~nen the figure of 1.35% was mentioned, Mr. Segal stated if you start pushing the fee too low then you end up paying a little bit more in interest costs because you have to pay one side or the other. Commissioner Weiner asked if the City negotiated could they get the fee for 1.45%. Mr. Segal stated it would be possible. Right now the City was essentially locking itself into 1.5%. It could be a little bit lower or higher. Negotiating on the City's behalf is normally the role the financial advisor takes to get the best rate. Remarks were made about the situation the City is in, how long it is going to take to get this done and the threat of the State Health Dept. cutting the City off. Commissioner Wische moved to approve Smith, Barney as the lead underwriter, to be paid 1.5% of the total bond issue. Smith, Barney will select its team, bond counsel, financial advisor, etCo for the 1.5% to be distributed by Smith, Barney. They are to pay all expenses connected with the bond issue exclusive of the bond insurance~ should the City decide to get that. They are the underwriter and they are not locked into the recommendation on the other four com- panies. Vice Mayor Olenik seconded the motion. Commissioner Weiner thought the Commission was acting in an imprudent fashion and thought someone might be willing to do this for 1.4%. She asked the Commission to take the time to investigate this. The Mayor called for a vote on the motion. The motion carried 4-1. Commissioner Weiner voted against the motion. Smith, Barney will provide a Proposal confirming these arrangements to City Manager Miller. Consider recommendation to accept transfer of ownership of Lake Worth Drainage District Property Mayor Moore reported the City had received the Deed from the Lake Worth Drainage District on this canal-front property near the Wilson Center which lies east of 1-95. Staff recommended acceptance of the Deed. Commissioner Weiner moved to accept the conveyance gratis from the Lake Worth Drainage District. Vice Mayor Olenik seconded the motion which carried 5-0. G. Ramada Inn Sign Variance Vice Mayor Olenik remarked that the Variance Application indicates a new Sign Code is being prepared which will allow ~hese signs after it is adopted. The Vice Mayor noted this 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Commission had given no direction of readopting the Sign Code which was just drawn up about 18 24 months ago. The Mayor agreed it was imprudent for that type of remark to be put on an application. Mayor Moore referred to the Ad Hoc Committee being appointed to rework the Sign Ordinance. The Vice Mayor remarked the Committee brought that back to the Commission months ago and the Commission never acted on it. At the current time, the Vice Mayor understood staff was in the process of rewriting the Sign Ordinance and this con- cerned him. Discussion ensued. The Ramada Inn sign plans were addressed. The Vice Mayor had a problem with the changeable portion of the sign. Comments were made about the height of the sign. A repre- sentative of the Ramada Inn stated initially they intended for the sign to be 30' tall. When they went to the CA]B, it was suggested that they make the sign 20'. They agreed at the time, but since then they have been blocked out from the north and south by other signs. The Ramada Inn sign is set back 9'. The applicant stated they really should have stuck with the 30' in order to keep the lower Austin's portion of the sign from being practically on the ground. A height of 30' was requested at this time. Comments were made about the need for people to be able to locate Austin's Restaurant in order for the business to sur- vive. Don Jaeger, Building Official noted the total square footage for the sign is about 142 sq. ft. The Code currently allows 80 sq. ft. of sign for free-standing signs like this. The Ramada Inn representative stressed that there are two separate businesses at this sihe, the Ramada Inn and Austin's Restaurant. Rather than have two signs, this had been proposed. Remarks were made about eliminating the reader board portion of the sign. The representative from Austin's explained that the reader board helps the restaurant personally welcome conventions, etc. by name. Commissioner Wische moved to grant the variance as pre- sented, including the reader board portion. Commissioner Artis seconded the motion which carried 4-1. Vice Mayor Olenik voted against the motion. H. Consider acceptance of gift of a "Freedom Shrine" from the Exchange Club of Greater Boynton Beach Discussion took place on the location to display the "Freedom Shrine" which is composed of photographic replicas of famous documents in American history. Commissioner Weiner stated she would like to see it located at the Public Library where people could read it. Commissioner Wische moved to accept the gift of the Freedom Shrine from the Exchange Club of Greater Boynton Beach and 40 MINUTES - REGULAR CITY COMMISSION MEETING BOt-NTON BEACH, FLORIDA FEBRUARY 6, 1990 to mount the collection on the west wall in Commission Chambers. Mayor Moore passed the gavel and seconded the motion which carried 4-0. Vice Mayor Olenik abstained from voting on this item as he is a member of the Exchange Club of Greater Boynton Beach. Memorandum of Voting Conflict is on file in the City Clerk's office° Commissioner Weiner didn't think that location would prove practical. City Manager Miller remarked there would be a dedication of the collection at the second meetin~ in April. The gavel was returned to Mayor Moore. X. CITY MANAGER'S REPORT Setting Date for Capital Projects Workshop City Manager Miller was interested in setting up a date for the Capital Projects workshop later in the month. The Commission agreed to discuss this topic at the February 27, 1990 Commission workshop on Chapter 19. Mr. Miller stated he would supply the Commission with his recommendations prior to the workshop. XI. ADMINISTRATIVE Consider replacement to fill alternate position on the Board of Adjustment - Term expires 4/90 - Appointment to be made by Vice Mayor Bob Oienik, Jr. (Previously TABLED) Vice Mayor Oienik moved to remove this topic from the table. Commissioner Wische seconded the motion which carried 5-0. Vice Mayor Olenik nominated Joseph Fishman for the alternate position on the Board of Adjustment. There were no objections. Consider replacement to fill vacant position on Board Of Adjustment - Term expires 4/90 - Appointment to be made by Commissioner Arline Weiner (Previously TABLED) Commissioner Weiner moved that alternate member, James Miriana be moved to the regular position on the Board of Adjustment. There were no objections. C. Accept resignation from Patt Thompson, Alternate Member, Building Board of Adjustment & Appeals Consider replacement to fill vacant alternate position on the Building Board of Adjustment & Appeals - Term expires 4/91 - Appointment to be made by Mayor Gene Moore 41 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Vice Mayor Olenik moved to accept the resignation of Patt Thompson from the Building Board of Adjustment & Appeals. Commissioner Wische seconded the motion which carried 5-0. Mayor Moore asked that this appointment be tabled for the time being. D. Consider clarification of Commission's request to approve future change orders (Previously TABLED) The Commission chose to leave this item on the table. E. Consider appointing members to Nuisance Abatement Board The Commission chose to table this item until the next meeting so that more people could turn in talent bank forms. Commissioner Wische noted the Board still needed an attor- ney. Commissioner Weiner suggested advertising for one in the City Newsletter. F. Proposed Amendments to Golf Course Lease Agreement with Palm Beach County and Golf Course Advisory Board Oper- ating Statement Regarding Alternate Positions on Board City Manager Miller asked that this item be TABLED. G. Consideration of releasing retainage on the building projects being constructed by Seppala & Aho (Pay Request No. 43) City Manager Miller reported he met with the contractor on the City Hall project. The intent was to try to complete the project at a minimized cost and keep the City out of a lawsuit. Mr. Miller commented that "fingers point all ~he way around", at the architect, the contractor and the City. Mr. Miller referenced a similar Circuit Court damage suit case he had been involved with in 1986 where another City lost their case. He didn't wish to incur additional legal expenses or an additional judgment. Mr. Miller stated the City was holding back 10% retainage on approximately an $8,500,000 project, including the Library, City Hall complex, Fire, Police and Public Works. He reported we have substantial completion on all these buildings. In view of the substantial completion and the ~act that the City is occupying all but the Fire Station, he couldn't see that the City should rightfully hold onto 10% ~etainage or $850,000. That was one of the premises on which Oakland Park lost their suit in 1986. He didn't feel ~he City should hold onto the money in view of the fact that ~here's only several hundred thousand dollars worth of work that needs to be done. 42 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 At the contractor's request, Mr. Miller requested the release of the total retainage of $375,465.00 plus the work that the contractor had completed, $76,928.00. Mr. Miller felt the City, in good faith, should reduce the retainage. We are still holding onto $507,000. Mr. Miller felt that figure was more than enough to protect the City~ Mr. Miller stated the City and contractor both agreed to a temporary settlement to both do their part in completing the project and place a hold on both of the legal firms from moving forward on the lawsuit. The contractor felt he could finish the project in 30 days. Mr. Miller wanted to attempt to meet the contractor's objectives, knowing that the contractor would attempt to meet the City's. Commissioner Wische moved to accept the City Manager's recommendations. Vice Mayor Olenik seconded the motion. Commissioner Weiner wished to add certain technical legal language recommended by Michael Burman and she explained. The Mayor agreed it should be included. Mr. Miller noted he and Mr. Burman did not seem to agree on this. Mr. Burman wanted to hold onto the 10%. Mr. Miller stated the City had been issued substantial completion and was occupying the buildings. By law, he felt the contractor was due his dollars. The only thing he felt the City was able to withhold was monetary items which could be tied down directly to a punch list item. Remarks were made about standard AIA contracts. Mayor Moore remarked that the architect was suing both the contractor and the City. He recommended it would be wise to Settle with the contractor and defend the other suit and possibly counterclaim against them. He thought there were lawyers who would take this on a contingency basis. The Mayor called for a vote on the motion to accept the City Manager's recommendations. The motion carried 5-0. H. Consider approval of Change Order No. 28 - Seppala & Aho City Manager Miller reported the recommendation was to pay these Change Orders which had amassed over time. There would be more. They had been reviewed and staff did not feel they were unreasonable. They totalled $12,569. Mr. Offut had expressed concern to Mr. Miller on what was going to happen with all the change orders. Mr. Miller had indi- cated they would be processed within reason. Mr. Miller felt these were within reason. Vice Mayor Olenik moved to approve. Commissioner Wische seconded the motion which carried 5-0. 43 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 ADJOURNMENT The meeting properly adjourned at 10:45~. CIT~B0~ BEAC~~  ,/~// Mayor ~ ~ Cb~miss16~er Cl £~-- ~e~r k Recording Secretary (Five Tapes) / C~ommissioner 44 Honorable Mayor Gene Moore c/o City Hall P.O. Box 310 Boynton Beach, Florida Honorable Mayor Moore: January I have only recently been made aware of some false and very ~0 damaging information that appeared in the Sun-Sentinel on October 18, 1989. While iL may be academic as far as Boynton Beach is concerned, the article and false information, ]eft un-corrected, damages if not virtually eliminates my chances of future employment. Also, ! have two young daughters, five and eight, that could be seriously hurt by the false information. The article stated that I was forced out of my position as Gainesvi]le's City Manager after allegations ! had "assigned" several female employees Lo spend a weekend at the beach with me and another city official. This is totally untrue. At the request of the Mayor Protem and the approval of the City Commission, my office was charged with the responsibility of arranging a two day goal setting work shop and retreat for the City Commission to address the 1989-90 goals and objectives. The retreat took place on February 15 and 16, 1989 at a local hole]. 'k~ In attendance was the City Commission, management personnel, . ~ other staff members, Charter officers, media, and some citizens. /~ Meals were provided, including dinner on the 15th for participants and their spouses. The Deputy.City Manager's secretary and two Administrative Assistants from- my office attended to take notes and record the sessions, each with their own recording device. It was their r~esponsibi]ity to compile a report to be reviewed and approved by the Mayor Protem. Several days later the DCM's secretary requested they be permitted to prepare the report at a location away from the demand of the office, telephones, etc. ! approved the request and allowed the three to select the location. They selected a rental unit for three or four days in the Crescent Beach area. The request and arrangements, while not common, were not unique. A similar situation had occurred, several months earlier, for a week in Crescent Beach which included male and female management, clerical, and outside counsel. RECEIVED JAN 3J. ]990 CITY MANAGER'S OFFICE Honorable Mayor Moore January 29, 1990 Page 2 The three employees .]eft on a Wednesday afternoon and took with them an office PC to compile the report. The DCM (present City Manager), Director of Utilities, and I planned to drive over the next afternoon to review the progress on the report. At the last moment, the DCM was unable to go and the Director of Utilities and I went alone. We reviewed the report for about an hour, all went out to dinner, and the Director and I returned home that evening. The three employees remained two more days and successfully completed the report. The only issue that was raised was the appropriateness of the expenditure outside Gainesvi]le and Alachua County. The "issue" was not as indicated in the October 18th Sun-Sentinel article. The total expense was less than $400. One other question was raised in connection with my application for Boynton Beach position; my separation from Gainesvi]le. I am enclosing a copy of the prepared statement I read to the City Commission on April 24, 1989, and ca]] your attention to the last paragraph where I requested the City Commission terminate my employment agreement. I was not asked to resign, but felt I had lost the confidence of two of the Commissioners, primarily due to my uncertainty regarding a California City Manager position which ! had been offered, accepted, and ultimately turned down. Let me be rea] clear by saying that I do not fault you or the Sun-Sentinel for the fa]se and damaging statements. However, I do appeal to your sense of decency and ask that you assist me in whatever way you can in setting the record straight. I hope to stay in the public sector, preferably in Florida, and I intend to apply to De]ray Beach. However, with a wrongfully damaged ~eputation I wi]] not have the opportunity to once again demonstrate what a quality City Manager I am. Again, I ask for you help. Rt. 4 Box 294 Hawthorne, FL 32640 (904) 481-4789 cc: Publisher, Sun-Sentinel L ty ot t ameswlle Office of City Manager Post Office Box 490 Galnesville, Hnrida 32(4)2 (90,1) 374-2011 April 24, 1989 W.D. Itiggiul.x~tham, Jr. City Manager Hon. Mayor and Members of the City Commission City of Galnesvflle Galnesville, Florida Dear Mayor and Members of the City Commission: On July 10, 1984 I saw Gainesvllle for the first time when I arrived to be considered for the City Manager position. As you know, I have been here since August 23, 1984, when I arrived as your City Manager. At approximately 10:00 AM on August 24, 1984. a reporter from the Gainesville Sun knocked on my front door to inform me the Police Chief had resigned and wanted to know my reaction. With timt began my tenure as City Manager with the City of GainesviIle. Over the past four years and eight months, we have enjoyed a number of successes in the City of Galnesvllle. we have successfully focused on Increasing our service level In the police and fire public safety areas. We have had City Commission approval and adoption of a dynamic voluntary Affirmative Action Program. We have had successes with our downtown redevelopment and the restoration of some of our deteriorating residential areas. We have been successful in addressing crime and affordable housing in the Porters Neighborhood, Our efforts continue! Fiscally, we no longer look to one-time revenues to fund ongoing operations. Fiscally, we have focused our efforts toward user fees to satisfy the City's ongoing need for new and Increasing revenues. In doing so. the City has maintained the same millage rate for four years. Also. an observation at the employee rally last Thursday was a clear reminder of the positive morale which exist in our employees. I might add. that I believe, our relations with our bargaining units have never been better. Our employees are proud to be employees of the City of Gainesvllle and clearly reflect the "can do" attitude we have worked toward. Iflhavedone nothing else as City Manager of Galnesville, I have been successful in conveying to the community that "City Hall" is the solution. There have been many m~ore successes and some failures. We have been an aggressive management team, not afraid to take chances. All that being said. Ron Cunningham said It best in his editorial Saturday when he stated it was time for "Hlgginbotham and the Commission to come to terms over an amicable parting of ways." WDH/jr The City Commission, City employees, and this community have been good to me and my family, however, I too believe the time has come for an amicable parting of ways. Accordingly, I would request that you move to terminate the employment agreement between me and the City' of Galnesvllle, effective at midnight tonight. /// II. CONSENT AGENDA L cc: FiBa~ge, Rec & Parks Util, Mgmt Serv AGENDA February 6, 1990 ABC RESEARCH $ Required Tests for Palm Beach City Wellfield Protection Ordinance for wells 10W, 7W, 12W and 1W and chemicals for preliminary testing for wells 12E and t4E. Pay from Utility Capital Improve.---404-000-0-690-10---$3663.50 " " " " " 401-331-5-460-05--- 2676.00 6,339.50 ALLIED LIME COMPANY Pebble Quicklime purchased for latter part of December, '89 and first part of January, '90 for Water Treatment. Pay from Water & Sewer Rev---401-332-5-365-00 16,321.44 ANDERSON & CAP. R, INC. Professional services - Tradewinds - thru 12/31/89. Pay from General Fund---001-141-5-468-00 3,025.00 BETTER BusINEss FORMS Payroll checks, Treasurer's Fund checks for Finance Dept. and computer paper for Warehouse. Pay from General Fund---001-131-5-472-00---$1886.50 " " " " 502-000-0-410-30--- 3317.50 5,203.30 CALL-ONE, INC. 10 Ultralight Headsets, Foam Ear sets, 10 Static l~ches less $100.00 Trade-In Plantronics Sets plus extended mainte- nance program for 9 months for Co~mmunications. Pay from General Fund---001-197-5-499-00---$ 225.00 " " " " 001-197-5-399-00--- 1411.65 Co~anission approved 6/6/89 1,636.65 THE CENTER FOR F/EMILY SERVICES Employee Assistance Program---i/i/90. Pay from General Fund---001-135-5-482-00 1,250.00 CHUCK'S AUTO BODY & PAINTING Repair Sanitation Vehicle #74, accident date 11/16/89. Pay from Self Insurer's Fund---622-195-5-440-01 3,001.84 ALLEN C. CLARK, TAX COLLECTOR Refund of ad valorem taxes paid by Humana, Inc. of 1987 & 1988 taxes. Pay from General Fund---001-194-5-912-00 for corrections 2,763.15 COMPUTER GOLF SOFTWARE 1 NCR Slip Printer for Golf Course. Pay from Golf Course Fund---411-7Z5-5-670-02 Coxanission approved 12/19/89 1,300.00 COMMISSION FEB ~ 1990 APPROVA~ 10. 11. 12. 13. 14¸. 15. 16¸. 17. 18. COMPUTER SYSTEMS & APPLICATIONS, INC. Sale of CIS/Utility Billing System - Consulting & Programming for Oct.,Nov. and Dec.,'89. Pay from Water & Sewer Utility Rev---421-000-0-690-10 28,656.57 DAVIS WATER & WASTE INDUSTRIES, INC. January Hydrogen and Odor Scrubber lease payment for Lift Stations. Pay from Water & Sewer Rev---401-352-5-499-00 4,500.00 EASTMAN KODAK COMPANY December '89 minimum billing and November'89 usage billing for Model 70 Copier. Pay from various departments. 1,286.54 ERNST & YOUNG Professional services rendered through 12/31/89 in connection with audit of City's financial statements for Y/E 9/30/89. Pay from General Fund ........ $ 275.00 " " Retirement Trust .... 2600.00 " " Police P~nsion ...... 2600.00 " " Fire Pension ........ 2600.00 8,075.00 FITCH ELECTRIC CORPORATION Refurbish Electrical Service/Lift Station #202 per written proposal. Pay from Water & Sewer Rev---401-352-5-433-00 Co~ission approved 10/3/89. 1,800.00 FLORIDA EAST COAST RAILWAY CO. Annual billing for Water & Sewer Mains crossings per agreement dated 11/19/74. Pay from Water & Sewer Rev---401-351-5-499-00---$755.00 " " " " " 401-333-5-499-00--- 755.00 1,550.00 GENERAL TIRE SERVICE Tires & Tubes for Vehicle Service. Pay from Vehicle Service Fund---501-193-5-322-00 2,933.50 GREEN, EISENBERG & COHEN Legal services Southern Entertainment v. City of Boynton Beach - 10/30/89 thru 1/5/90. Pay from General Fund---001-141-5-461-00 2,386.75 DAVID M. GRIFFITH & ASSOCIATES, LTD. All expenses and labor expended thru 12/31/89 on the Water and Sewer Utility Rate Study for City of Boynton Beach. Pay from Utility Capital Improve.---404-000-0-690-10 $9134.64 " " " " " 404-000-0-691-10 9134.63 18,269.27 COMMISSION FEB 6 1990 APPROVAL 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. BILLY GRUBBS PONIAC 1 GMC 1 Ton Truck Chassis-Cab 4 x 4 for Utility Mechanics. Pay from Vehicle Service Fund---501-000-1-477-60 "State Contract #070-001-89-1 BEN HOGAN CO. Shirts for Pro Shop & Uniform Shirts for Golf Course. Pay from Golf Course---411-000-0-420-10---$ 403.20 " " " " 411-725-5-397-00 1571.34 " " " " 411-727-5-397-00 495.00 HUGHES SUPPLY, INC. 1000 ft. each 2" & 3/4" Polytubing & 2000 ft. 1" Polytubing for meter services. Pay from Utility Capital Improve.---404-334-5-651-00 IBM CORPORATION 3 Terminals, 9 PS/2 with Emulation, 2 Emulators, 1 Peripheral equipment for Itron Electronic Meter Reading System, 4 Print- ers(Proprinter) and 1 4224 Printer w/continuous forms device. Pay from various departments. Co~nission approved 12/19/89 - IBM State Pricing IBM CORPORATION Maintenance for Computer Equipment. Pay from various departments. IBM ROLM Maintenance agreement service for period 11/1/89 thru 1/31/90 for telephone system. Pay from General Fund---001-197-5-433-00 INTERNATIONAL MEDIA CONCEPTS, INC. Ad for City Manager run in New York Times. Pay from General Fund---001-135-5-470-16 JONES CHEMICALS, INC. Chlorine for latter part of Dec.'89 and part of Jan.'90 for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 KARSTEN MFG. CORP. Merchandise for Golf Course Pro Shop. Pay from Golf Course Fund-~-411-000-0-420-10 KUSTOM ELECTRONICS, INC. 3 each Trooper F Moving/Stationary Units & Stainless Steel Antenna Brackets Kits for Police Dept. Pay from General Fund---001-211-5-642-00 Commission approved 12/19/89 14,288.89 2,469.54 2,410.80 42,217.00 1,209.31 9,852.06 1,326.00 7,857.85 1,747.39 3,453.00 COMMISSION FEB APPROVAL 29. MARINE ENGINE EQUIPMENT COMPANY Emergency repairs to stand-by power generator at Lift Station #317 on 9/29/89 and 12/19/89. Pay from Water & Sewer Rev---401-352-5-433-00 2,263.55 30. MIMS TRUCKING EQUIPMENT & KNAPHEIDE MFG. CO. 4 Utilities Bodies to be installed on various truck chassis including paint and installation. Pay from Water & Sewer Rev---401-352-5-642-00---$4500.00 " " " " " 501-193-5-681-00--- 3199.00 Per bid 9/14/89, Cormnission approved 10/3/89 7,699.00 31. MOTOROLA INC. Replacing 1Maxtrac Radio for Sanitation truck #92, destroyed by fire, 1Maxtrac Radio for Water Supply and 1STX Portable Radio w/accessories for Lab Services. Pay from various departments. 4,764.85 32. JACK NADEL INC. 500 D.A.R.E. TO KEEP OFF DRUGS T-Shirts for Police Dept. Pay from Misc. Trust Fund---691-000-1-691-20 1,926.05 33. 34. OMNICHROME Fingerprint Identification System including 2 day training class for Police Dept. Pay from Misc. Trust Fund---691-000-1-691-20 Commission approved 12/19/89 AL PACKARD FORD 1 - 1989 Panel Van for Sewage Collection. Pay from Vehicle Service Fund---501-193-5-681-00 "Palm Beach County Bid #89-103/JP" 10,395.00 11,958.00 35~ PALM BEACH POST Advertising for Firefighter and Programmer - December, 1989. Pay from General Fund---001-135-5-475-00 1,402.41 36. PROFESSIONAL ADMINISTRATORS Advance to cover large medical bills for David Burns for Worker's Comp. Pay from Self Insurance Fund---622-195-5-134-00 5,222.32 37~ PEROXIDATION SYSTEMS INC. December Hydrogen Peroxide deliveries for odor and corrosion control program. Pay from Water & Sewer Rev---401-352-5-365-00 18,819.45 38. RECREONICS CORPORATION 2,492.50 50 Pool filter discs/paddock per bid specifications for Recreation Dept. Pay from General Fund---001-721-5-642-00 COMM $$10N Per bid 10/16/89, Co~nission approved 11/7/89 6 1990 APPROVAL 39. 40. 41. 42. 43. 44. 45. 46. 47. RAND MATERIALS HANDLING EQUIP. CO., INC. 6 - 12" Shelving Unit with 6" Plastic Bins for Gen. Maint. Lift Station. Pay from Water & Sewer Rev---401-352-5-345-00 1,252.24 RBDI-SET TARGETS, INC. 3 Redi-Set Combat Silhouette Targets for Police Dept. Pay from General Fund---001-211-5-646-00 "Sole Source" 1,320.00 RINKER MATERIALS CORP. 40 Bags Type 2 Masonry C~ment for Telephone Conduit Utilities/ City Hall Communications Carrier Lines Project. Pay from Water & Sewer Rev---401-352-5-690-05 1,101.00 SANDERS, ASPINWALL, & ASSOCIATES, INC. 24,527.00 6 Fairbanks-Morse Pumps for Lift Stations per bid specifications. Pay from Utility Capital Improve---404-352-5-642-00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges in connection with treatment and disposal of wastewater for month of December, 1989. Pay from Water & Sewer Rev---401-353-5-490-09 143,350.55 SOUTHERN SEWER EQUIP. SALES & SERVICE, INC. 1Vac Con Model V389t W/Ford LN to replace #180 Jet Vactor 1981/Ford for Sewage Collection. Pay from Vehicle Service Fund---501-193-5-688-00 Bid - Veto Beach #89/03, Commission approved 11/21/89 116,529.00 TRAIL FORD TRACTOR CO. 4 Screws, 2 Hyd Control Valve Caps and Remove & replace engine on Backhoe in Sewage Collection. Pay from General Fund .......... 001-411-5-433-00---$ 121.36 " " Sanitation Fund ....... 431-341-5-433-00--- 121.37 " " Water & Sewer Rev ..... 401-351-5-433-00--- 5300.00 5,542.73 UARCO INC. 30 cases 3-Part Carbonless Paper for Teletype @ Police Dept. and 30 cases 2-Part Carbonless Paper for Communications Dept. Pay from General Fund---001-211-5-313-00---$894.60 " " " " 001-197-5-313-00--- 842.40 "Police/Communications State Contract #645-260-89-1 1,737.00 WATER AND SEWER SUPPLIES, INC. 8 12" Hydrant Extension for Chow, 100 Brass Reducer Couplings and 20 Clow 2640 Fire Hydrant 36" Bury for Water Distribution. Pay from Water & Sewer Rev---401-333-5-654-00---$9459.80 " " " " " ---401-333-5-390-05--- 332.50 "Bid Item" 9,792.30 COMMISSION FEB, 6 19~0 APPROVAL 48. S.T. WICOLE CONSTRUCTION P.O. #82192 - Boynton Beach Fire Station No. 3 - Request for Appl. #1 for $95,436.74 thru period to 12/31/89 and Appt. #2 for $34,489.60 thru period to 1/31/90. Pay from Capital Improve. Fund---302-223-5-640-11 Per bid 8/10/89, Cormnission approved 12/5/89 129,926.34 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recon~nend payment of these bills. ~/Scott Miller, City Manager COMMISSION ~:I~B 6 1990 APPROVAL · ·, FORM 8B MEMORANDUM OF VOTING CONFLICT FOR . COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~AST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Olenik, Robert Jr. ~ ',lNG ADDRESS ]-D Crossings Circle CDUNTY Boynton Beach, - Palm Beach DATE ON WHICH YOrE OCCURRED City Commission THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X Cl'[Y i ~ LX)UNTY i I OTHER I.OCAL AGENCY NAME OF POLITICAl. SUBDIVISION: Boynton Beach MY POSITION IS: IX ELECTIVE ':2 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest' will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES I ~CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting ona measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures'to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITH1N 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting .on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A Person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether m~de by the officer or at his direction. IFYOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH ~ VOTE WILL BE TAKEN: · u should complete and file this form {before making any attempt to influence the decision) with the person responsible for ~eording the minutes of the meeting, who will incorporate the form in the minutes. ° A copy of the form should be provided immediately to the other members of the agency. '~ The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE I 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responslble for recording the mir~"~ of the meeting, who should incorporate the form in the minutes. Robert Olenik~ Jr. 90 · 19 , : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or .: inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: DISCLOSURE OF LOCAL OFFICER'S INTEREST · hereby disclose that on February 6 , by whom Fam retained. A payment made to Motorola, Inc., my employer, was included for approval in CONSENT AGENDA, Item K (#31). Although I have no direct renumeration from the payment to Motorola, this item is now being as public record to ensure no conflict of voting occurred. I also abstained from voting on NEW BUSINESS, Item H'. as I am a member of the Exchange Club of Greater Boynton Beach. Date Filed Signature . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317'(1985), A FAILURE TO MAKE AN~' REQUIk~D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8[3 - 10-86 PAGE 2