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Minutes 05-01-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, MAY 1, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk James Cherof, 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 Commissioner Arline Weiner. AGENDA APPROVAL Under "LEGAL", before item A., Commissioner Weiner wished to add discussion on Drafting of Ordinances. Under "NEW BUSINESS G." Vice Mayor Wische wished to add discussion about Board Appointments. Under "NEW BUSINESS H." Commissioner Olenik wished to add discussion of Mayor Moore's Memorandum of April 18, 1990. He also requested the addition of item I., Policy Relative to Board Reports on Development Projects During Commission Meetings. Under "OLD BUSINESS A. 1." Commissioner Olenik added Boynton Lakes North - Certificates of Occupancy." Under "LEGAL, Other 3." he added Update on the Home Depot Lawsuit and Item 4., Policy on Notification of Lawsuits and Item 5., Public Information Access. Under "LEGAL" Mayor Moore requested a Report on the Status Of the Southern Entertainment Lawsuit and the Status of the Architect/Seppala & Aho litigation. Under "CITY MANAGER'S ~EPORT", the Mayor requested an Update on Chapter 19, which ~ppeared to have "slipped through the cracks." Under '~LEGAL" the Mayor wished to add discussion on the Sign Ordinance Review by the Ad Hoc Committee. Under "LEGAL C. 5." City Manager Miller added a Resolution in connection with the Consent to Service Process Public Service Tax Bonds. Under "LEGAL C. 6." the City Manager added a Resolution and Job Description for the Administrative Coordinator for Inspection and Engineering. Under "ADMINISTRATIVE I." the City Manager added discussion ~elative to the City Buying Blocks of 1990 Bonds for Sale to ~he Residents. Commissioner. Weiner moved to approve the amended Agenda. Commissioner Oienik seconded the motion which carried 5-0. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 PROCLAMATIONS a) National Victims' Rights Week - April 22-28, 1990 b) Teacher Appreciation Week - May 6-12, 1990 c) Law Week - May 1-7, 1990 Mayor Moore indicated these Proclamations would be signed and forwarded to the appropriate parties. Presentation of Certificate of Commendation A Certificate of Commendation was presented to Officer Marie Traylor by Mayor Moore as Officer Traylor was instru- mental in apprehending a burglary suspect. BIDS A. Vehicle Towing Contract - Renewal City Manager Miller explained this Towing Contract has a provision in it where the City is allowed to extend it for ~n additional year provided there is approval from the police Dept., Building Dept., Code Enforcement and Public Works. These departments had indicated they were satisfied with the services received from Zuccala's Wrecker Service. It was recommended that the City initiate its option and continue this Contract for another year. Vice Mayor Wische was concerned with why this wasn't being put out to bid when he understood someone had bid lower the last time bids were accepted. Discussion ensued regarding ~his Contract provision, the rates the City is charged and the bidding process. William Sullivan, Purchasing Director indicated one of the ~tipulations in the bid is that any City vehicle within Palm Beach County is to be towed at no charge. Mr. Sullivan explained the fee structure and the services rendered. in connection with the problem experienced with vehicles being towed by Zuccala's in the past, Olivia McLean noted the City ended up spending a total of $7,579.47. $5,000 of that figure was received back from Zuccala's. The City ~egotiated a settlement with the people involved. Remarks Were made by Ms. McLean about problems that led to the ~ncident being "ironed out" on Zuccala's part as well as the City's. Ms. McLean was satisfied with the agreement between the City and Mr. Zuccala. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Vice Mayor Wische moved to accept the recommendation of staff. Commissioner Olenik seconded the motion which carried 5-0. PUBLIC HEARING None PUBLIC AUDIENCE Ms. Elma DiFiore, 230 N.E. 26th Avenue, Boynton Beach ~emarked on the amount of litter at 10th Avenue and Seacrest Blvd. which she felt was a disgrace. City Manager Miller explained some individuals had volunteered to clean the lot ~p. The City is also in negotiations with the owner towards purchasing the property. Mr. Benjamin N. Katz, 2520 N.E. 1st Court, Boynton Beach ~tated he was Vice Chairman and Secretary to the first Golf Committee. He was one of the individuals who laid the groundwork to bring the Golf Course to this City. Disagreement took place between Mayor Moore and Mr. Katz regarding profits from the Golf Course. Commissioner Weiner objected to the Mayor arguing with a citizen presenting a point of view. She requested input from City Attorney Cherof, the Parliamentarian for the Commission. Mr. Cherof indicated that to his knowledge, there was no established procedure prohibiting the Mayor from asking questions of a citizen in a case like this. ~ayor Moore stated he didn't oppose the Golf Course, but he Opposed the fact that this was voted on a straw vote and it Was not supposed to involve the General Fund. The Mayor thought the Golf Course should be a County operation and ~oted it is used primarily by County residents. Commissioner Olenik remarked that the PUBLIC AUDIENCE sec- ~ion is normally used for items not on the Agenda. Mr. ~atz had filled out a request to address the Commission form 9nd Commissioner Olenik stated his comments should have been ueserved for the portion of the meeting when the Golf Course item would come up on the Agenda. Commissioner Olenik moved hat the Commission adopt a policy, if it hasn't already een adopted, to only discuss Agenda items with the public at the time the Agenda item is before the Commission. Commissioner Weiner seconded the motion which carried 5-0. ee page 26 of these Minutes where discussion of the Golf ourse as an Agenda item takes place. ~s. Wilda Searcy, 402 N.E. 13th Avenue, Boynton Beach was ~nterested in whether the City had filed proposals to get MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 money for affordable housing in her neighborhood. Vice Mayor Wische brought Ms. Searcy up-to-date on what had been taking place in connection with the Hamlet project. The Vice Mayor remarked that he and Commissioner Olenik had made a special trip to "plead" for the $1,000,000 in financial assistance from the County. He noted Boynton Beach was the only one out of 38 applicants for affordable housing that passed every criteria. The main objection had been that the Housing Authority Committee had not been formed in ample time. Hopefully, the Hamlet will be on the Housing Authority Committee's Agenda for discussion and the Committee will render their recommendations to the City Commission. Vice Mayor Wische thought the City would get the necessary votes for the money. Ms. Searcy hoped affor- dable homes could be built west of 1-95 for integration pur- poses. tn connection with the Hamlet, the Mayor remarked about the question of a technicality and the Board not having been appointed. He stated to his knowledge, there had never been an interposed objection by the School Board. The Mayor read lin the newspaper that at that meeting the School Board came Np without notice to the City and said the Hamlet was in a predominantly black neighborhood and they interposed objec- ition to it, saying it would upset the racial balance and !require additional bussing. He wondered if that would knock ithe program out. Commissioner Olenik didn't think it would knock the program out. They didn't find that an insurmount- iable setback to overcome. Commissioner Weiner reminded the ICommission that the issue of Affordable Housing was an iagenda item. iMs. Searcy was also interested in a fishing pier being pro- ivided for the citizens near N.E. 13th. Remarks were also Imade about the need for sidewalks and an amphitheatre. Other comments were made about "cleaning up our schools," and lunch and work programs for students. Remarks were made about the stakes that had been driven to mark sidewalks having been pulled up on Ms. Searcy's street. The city Manager was asked to look into that. Mr. Maurice Rosenstock, 1 Villa Lane, Boynton Beach addressed the Commission as a citizen, voter and taxpayer of Boynton Beach. He was willing to testify under oath rela- tive to the comments he would be making. ~omments on Greg's Garage and Kelly Tire iMr. Rosenstock thought there may be a problem in the !Building Dept. He referred to documentation which related !to Greg's Garage, 309 N.E. 3rd Street, Boynton Beach and 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 suspected discharge of toxic wastes in public rights-of-ways in the Garage's surrounding property. Reference was made to open containers of diesel fuel which were overflowing onto the ground. The diesel fuel and also transmission fluid had spilled on the ground and flowed downgrade about 60 feet, staining the soil and vegetation in the right-of-way. Reference was made to the Code Enforcement Board citing the property with a large number of violations. At the April 19, 1989 Code Enforcement Board meeting, Mr. Hubert, the owner of the garage acknowledged the charges of the Board were true. Mr. Hubert had agreed to a stipulation. Mr. Rosenstock had met with Don Jaeger, Building Official and did not feel Mr. Jaeger's file on this matter was coor- dinated. Mr. Rosenstock stated that Mr. Jaeger had indi- cated he believed the property was in compliance. Mr. Rosenstock, Mr. Jaeger and Mr. Blasie visited the site together and were agasp at what they saw. Comments were made about Kelly Tire, located at Boynton Beach Blvd. and Federal Hwy. and whether or not the business complies with the Code. Mr. Rosenstock had visited the business and asked an employee to fill his tank up with gas. He was told they do not pump gas as it is not their business. Mr. Rosenstock was told he could go to the gas station down the street. However, if he was running out of gas, the man would be happy to put a few gallons in the tank for $1.43 per gallon. Discussion ensued. Mayor Moore referred to the 3 minute time limit for speakers and noted Mr. Rosenstock had far exceeded that. Commissioner Olenik moved to waive the 3 minute limitation for the purpose of hearing what Mr. Rosenstock had to say. Commissioner Weiner seconded the motion which carried 4-1. Mayor Moore voted against the motion. Mr. Rosenstock stated the business must comply with !'principal use," and they are not. Mr. Rosenstock indicated he didn't want to close anyone down in the City but he did want to see compliance. He thought at worst this was an example of selective enforcement. At the least, this amounted to nonfeasance in office. Mayor Moore stated the Commission is not unaware of this problem. The City has been working on it diligently. Mr. Rosenstock wondered how long it would take to solve these problems. The City Manager was instructed to meet with the Building Dept. or heads of boards, dovetail this entire project together and get action so there is compliance. Mr. Rosenstock thought the City Manager had his hands full and MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 it was time the Commission started to see what is going on behind the scenes and give the City Manager assistance. Commissioner Weiner thought what Mr. Rosenstock was implying was that there is a City employee who may have put the City in a bad position by not doing what he is supposed to be doing. She thought it was more serious than the compliance of two businesses. Mr. Rosenstock stated that was exactly his point. The Mayor thought the responsibility lied with the Code Enforcement Board. City Manager Miller indicated if someone is to be held responsible, you hold the City Manager responsible because he is the chief administrative officer of the City. He asked for the opportunity to sit down with his department heads to discuss the situation. Mr. Rosenstock noted over a year had transpired and hazar- dous wastes are going to end up in the aquifer. Disagreeable remarks were exchanged by Mr. Rosenstock and ithe Mayor about "show-boating" and Mr. Rosenstock's qualifi- cations as a Judge. Mayor Moore suggested that Mr. iRosenstock give the formal complaint to the City Manager and ithe City Manager will report back. iCity Planning Director iIn connection with a different topic, Mr. Rosenstock asked ithe City Manager if a City Planning Director had been hired. Mr. Miller responded negatively. Several of the candidates ion the short list had been rejected while others were still iunder consideration. Interviewing would continue. iSite Plans in General iRecently, plans had been filed with the Planning Dept. of !the City for a project. In leaving the office the indivi- idual had indicated they only intended to complete Phase 1 of Ithis major project. Before the City adopts a Design Code, Mr. Rosenstock thought every developer should be asked to 'post a surety bond and sign a contract so when they present plans to the Planning Dept. they adhere to those plans. IThis would be the only way the City could get developers to istop circumventing the law, in Mr. Rosenstock's opinion. ICommunity Design Plan IPrior to adoption of the Community Design Plan, Mr. iRosenstock suggested workshop meetings be held with all City iboards and interested parties. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Mayor Moore recognized the presence in the audience of Mr. Dan O'Connell, a Town Commissioner in Ocean Ridge. Mr.-- O'Connell had made a $500 personal donation toward the July 4th celebration. Ms. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach, thought Mayor Moore was trying to lay the Greg's Garage problem at the feet of the Code Enforcement Board and she didn't think that was appropriate. She stated that Board can only hear the cases brought before it. Greg's Garage was heard over a year ago. She noted they were cited and then they complied. The matter never came back before the Board. Prior to the hearing, the Building Dept. made the determination they were in compliance. A stipulation had been entered into with Greg's Garage against the advice of the citing inspector, Mr. Finizio. Mr. Finizio had requested the Board hear it as he felt it was a life/safety issue. However, because a stipulation was agreed to, the Garage was given time to comply. She stated it was up to the Building Dept. to make a determination as to whether they are in compliance. It was reiterated that the City Manager would be checking into this situation. DEVELOPMENT PLANS A. Request for one (1) year time extension - construction of required improvements - Tract "E" at Meadows 300 The recommendation of staff was to grant the extension. Vice Mayor Wische moved to grant the one year time exten- sion. Commissioner Weiner seconded the motion which carried 5-0. B' Woolbright Place Planned Unit Development - Revised Master Plan Copies of the TRB's comments were distributed to the ~ommission. Tim Cannon, Interim Planning Director explained ~he settlement between the City and Tradewinds anticipated they would be submitting this revised Master Plan. The Commission needed to determine if this revised Master Plan complied with the settlement. It would then be transmitted to the Planning & Zoning Board for review. It would then come back to the City Commission on May 15, 1990 for ratifi- cation of the Planning & Zoning Board's actions or the Commission could over-ride the Board's recommendation. City Attorney Cherof agreed these recommendations complied With the settlement offer previously approved. Mr. Michael Morton commented from the audience it was in compliance. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Mr. Cannon indicated there was an agreement that the best location for Tradewinds to dedicate park acreage would be a strip of land they owned between Lake Boynton Estates and Leisureville. Tradewinds owns about six acres there. A map was referred to on the overhead projector. Tradewinds had agreed to dedicate approximately 4½ acres of the southern part of the parcel. The Recreation & Parks Director, the Planning kept. and the TRB agreed the best solution would be for Tradewinds to dedicate 3½ acres and pay the City the remaining one acre in cash. There is a vacant parcel owned by Ernie Klapp, who also owns the property to the east of the Mall. Staff recommended the City take one acre's worth in cash and then the City could approach Mr. Klapp and attempt to buy one acre from him. The result would be a neighborhood park that could be used for a softball field or other playing fields. If the City simply took the strip of land from Tradewinds there would be limited uses. Any recreational uses in that case would have to be placed right up against Leisureville whioh would probably be a problem. It was noted the Tradewinds people were aware of these ideas and were willing to discuss this. Mr. Klapp had not been approached yet regarding purchase of ~is parcel. Discussion ensued. Commissioner Weiner recalled it wa~ the consensus of the Commission that it Would not accept cash for public park land. Conversation ~ook place regarding the need for a proper land con- figuration. Staff's proposal would result in a "squared off" neat parcel for the park land. ~r~ Cannon remarked they would try and approach Mr. Klapp prior to the Planning & Zoning Board meeting. This would be ~oming before the Commission for final approval on May 15, 1990. Mr. Kieran Kilday of Kilday & Associates commented they were 0nly before the Commission at this meeting for a deter- mination on substantial compliance. They had agreed the Site should be provided off site. The actual formula of how this will be done will be worked on with staff and a final agreement will be ready for the May 15, 1990 meeting. They had not agreed to staff's recommendation yet. They had also talked about a center for abused children going on part of {he site. Notion ~ommissioner Olenik moved that the Commission make a finding of no substantial change for the Woolbright Place PUD - Revised Master Plan per the Settlement Agreement the City entered into. Vice Mayor Wische seconded the motion which carried 5-0. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 LEGAL Draftin~ of Ordinances Commissioner Weiner noted there was an Ordinance in the Commission's packet which dealt with Board Membership. She stated the Commission never agreed to have this Ordinance drafted. The instruction to draft the Ordinance was given bY one member of the Commission only, the Mayor, which she ~elt was inappropriate. Mayor Moore thought a need existed ~n this particular area and he felt he had the authority to take such action. ~ommissioner Weiner moved that the City Attorney not draft Ordinances unless it is by a consensus of the majority of khe Commission or by a majority vote of the Commission. ~ommissioner Olenik seconded the motion for discussion pur- poses. Several Commissioners thought the Commission should discuss ~he need for an Ordinance first and then agree to direct the City Attorney. Various opinions were expressed. ~ommissioner Olenik thought when an Ordinance is placed on Ithe Agenda for first reading, it appears the Commission is ~repared to vote on it for the first time. He noted the Commission had not even discussed this yet as a body. Commissioner Olenik understood the City Attorney is to take ~is orders for putting Ordinances on the Agenda from the ICity Manager through staff recommendations and from the entire City Commission whom the City Attorney reports to. Vice Mayor Wische suggested an amendment to the motion which was on the floor to the effect that any vote taken by the Commission in reference to an Ordinance not be directed to the Attorney but be directed to the City Manager who shall be in touch with the Attorney in reference to the Ordinance. The motion was not amended and further discussion ensued. Comments were made about the fact that the City Attorney and City Manager both report to the Commission. City Manager IMiller didn't want to be tied into the process, excluding the Commission. Mayor Moore called for a vote on the motion. The motion carried 4-1. The Mayor voted against it. Commissioner Olenik stated this policy should be implemented from May 1, forward. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No.90-8 Re: Renew 30 Year Franchise with Florida Public Utilities City Attorney Cherof read proposed Ordinance No. 90-8 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE RENEWAL OF A GAS FRANCHISE WITHIN THE CITY; GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A GAS FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was none, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved to adopt Ordinance No. 90-8 on becond and final reading. Vice Mayor Wische seconded the ~otion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner - Aye Mayor Moore Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 5-0. 2. Proposed Ordinance No. 90-10 Re: Changes to Appendix C City Attorney Cherof read proposed Ordinance No. 90-10 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX C. SUBDIVISIONS, PLATTING, ARTICLE VIII, SECTION 5.D.7.; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF APPENDIX C. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was none, THE PUBLIC HEARING WAS CLOSED. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Commissioner Olenik moved for the adoption of Ordinance No. 90-10 on second and final reading. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 90-9 Re: Code Change to Parking Lot Ordinance (Previously TABLED) Staff recommended that this proposed Ordinance be removed from the table. Commissioner Olenik moved to remove pro- posed Ordinance No. 90-9 from the table. Commissioner Weiner seconded the motion which carried 5-0. City Attorney Cherof read proposed Ordinance No. 90-9 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE X. PARKING LOTS. SECTION 5-141. DEFINITIONS; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ARTICLE X. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Don Jaeger, Building Official noted this is exactly the same Ordinance that came before the Commission two weeks ago. Mr. Jaeger stated the City Attorney was now clear on this point and the identical Ordinance was before the Commission. Commissioner Olenik asked how would this keep a parking lot from becoming a storage place for vehicles. Mr. Jaeger responded the Zoning Code of the City would only allow that in certain zoning districts and they would have to have an gccupational license. All we were doing was amending the definition of the term parking lot. City Attorney Cherof interjected that would have impact on ~he bounds of how that term is used in the balance of the parking lot ordinance. Mr. Cherof noted sometimes there is ti MINUTES - REGULAR CITY COMMISSION MEETING BOTfNTON BEACH, FLORIDA MAY 1, 1990 a fine line between the difference between parking a vehicle for a long period of time and storing that vehicle for a long period of time. To prevent a situation where for enforcement purposes we are unable to determine whether a car is permanently parked or temporarily stored, they were expanding the definition of parking to include situations where it might in fact be storage, so the City could imple- ment enforcement and require the property owner to maintain that particular paved section of the City. Mr. Cherof indi- Cated it is also a zoning consideration. The M-1 zone is the only area of the City wh~re storage of Vehicles is permitted. Commissioner Olenik referred to N & D Auto as an example, and asked if there was an unregistered ~ar in their parking lot, would that be considered storage Of a vehicle? Mr. Jaeger responded affirmatively and added it would not be in compliance in that section of the City. New or used car sales are permitted in C-4 and possibly C-3 as a conditional use. Mr. Jaeger indicated cars parked in ~uch a lot or in a showroom would be considered as being stored because they are unregistered, unlicensed cars. Commissioner Olenik felt there were inconsistencies in this Ordinance and he explained. Vice Mayor Wische moved to adopt proposed Ordiance No. 90-9 on first reading. Mayor Moore passed the gavel and seconded ~he motion. Commissioner Artis requested further clarifica- tion of the difference between storage and parking. Commissioner Olenik had the same question. He noted, based on this Ordinance, we would still allow it in areas that Mr. ~aeger had indicated it would not be permitted through Zoning. Hr. Jaeger clarified the parking lot ordinance only Sddresses construction of parking lots. It does not address the uses of parking lots. Currently, if you store or park a ¥'ehicle· on private property, you have to comply with the parking lot ordinance. The zoning use and the occupational %icense use of a property is an entirely different section of the Code of Ordinances and is a different issue. Vice Mayor Wische called for the vote° Sue Kruse, City Clerk took the roll call vote as follows: Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Aye Aye Nay Nay Aye 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Motion carried 3-2. Commissioner Olenik repeated he was uncomfortable with the language in this Ordinance. City Manager Miller interjected he would be happy to meet with Commissioner Olenik on this. The City Manager was asked to check on whether new cars brought into a new car lot are registered in some fashion or not. Further discussion transpired. Mayor Moore didn't think a new car dealer was storing cars. The vehicles are simply his merchandise. An interpretation was requested of the City Attorney. 2. Proposed Ordinance No. 90-11 Re: Board Members City Attorney Cherof began to read proposed Ordinance No. 90-i1 by title only but was interupted by discussion. The entire caption follows: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING MINIMUM QUALIFICATIONS FOR APPOINTMENTS AND MEMBERSHIP TO THE CITY'S BOARDS AND COmmITTEES; ESTABLISHING A TRANSITION PERIOD FOR IMPLEMENTATION OF THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." Mayor Moore had suggested this proposed Ordinance be drafted. He strongly felt any person appointed to a City Board should have minimum qualifications of being an elector and a United States citizen. In his opinion, non-residents Should qualify. Many competent people have businesses in the City and he felt they should qualify to serve. Commissioner Weiner understood no City Ordinance could be stronger than a State Statute. City Attorney Cherof responded that wasn't really accurate in all categories. This Ordinance says you must be an elector of Palm Beach County. That means a registered voter. You must be a citi- Zen to qualify to be an elector. Mr. Cherof noted across the County this requirement varies. Commissioner Weiner ~sked if it was generally the case that non-residents are entitled to serve on municipal Boards. Mr. Cherof responded khere is no statutory prohibition as to that and case law iindicates that is within the power of a City Commission in ~stablishing qualifications. Commissioner Weiner didn't ~hink City Boards should be turned over to non-residents. ~he observed that conceivably, the City could put on impor- tant City Boards, people who do not live in this City but ~ight have businesses in the City. She thought that was a ~angerous path to pursue. Discussion ensued among the Commissioners about the citizenship and residency require- ments. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOt'NTON BEACH, FLORIDA MAY 1, 1990 Relative to residents outside the City qualifying, Vice Mayor Wische recalled the previous Commission had discussed this topic. He noted the intent was that the only time the Commission would reach outside the City would be when a par- ticular Board required specific expertise that they were unable to find residents with. The Vice Mayor didn't believe this had been voted on. It was more of a consensus. Section 4 of the proposed Ordinance was referred to. Attorney Cherof noted the State Statute prevailed over City Statute or Ordinance in this case. Conversation took place regarding whether the Code Enforcement Statute said anything about residence or citizenship. Mr. Cherof indicated if the Commission adopts this, they would look to the Code Enforcement Statute which is Chapter 162 which provides for residency as a requirement. It restricts the qualifications to that category. The Mayor thought you could still have higher, professional requirements if you chose to. Vice Mayor Wische referred to the Code Enforcement Board membership which requires certain professional members. He inoted there were currently three talent bank forms for one ~opening on the Code Enforcement Board. He thought the iCommission had a duty to appoint the person who qualifies !for that Board if an expertise is required and there isn't such a person on the Board. Other remarks were made. !Commissioner Olenik asked if this Ordinance was adopted, icould the Commission impose the requirement of the iOrdinance regarding being a Palm Beach County elector on the iCode Enforcement Board? The reason he asked this question ~was because that was set up by State Statute. Mr. Cherof !responded under this particular draft, the State Statute iwould prevail. This would indicate the only requirement, ~other than the expertise related requirement, would be the iBoynton Beach residency. It was clarified this particular IOrdinance would apply to all City boards except those few iCity boards covered by State Statute. In response to a question, Attorney Cherof stated if this iOrdinance was adopted, the elector qualification would not !apply to the Code Enforcement Board, because it was set up iby Florida Statute 162. The elector qualification would iapply only to those boards set up on which State Statute iwould precede the qualifications. Mr. Cherof noted State :Statute only covers certain boards. !Commissioner Olenik referred to Section 2 of the proposed Ordinance and suggested an amendment to the effect that when 'no qualified resident is available for those Boards that require expertise, it could then be elevated to the next 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 step which says we can look for business owners or people who run businesses in the City, who might have that exper- tise, but may live outside the City limits. Commissioner Weiner repeated she thought this was a dangerous Ordinance. Vice Mayor Wische thought Commissioner Olenik's suggested amendment should be taken a step further. If the Commission was unable to find a resident with the required expertise, he would support appointment of a business owner who lives outside the City. If the City was unable to find a person with the required expertise between the two~ then the Commission could be allowed to go outside the City to find that particular expertise. Mayor Moore was uncomfortable with the idea because then the Commission would have to make a finding that there's no one in the City who otherwise qualifies to fill the post. Attorney Cherof stated the Ordinance gives first preference to residents of the City. It does not exclude non- residents. It is a two-tiered analysis. First you look at your pool of residents. If you don't have someone who is qualified, you move on to a greater pool of Palm Beach County electors, provided they have specific qualifications. ~ommissioner Olenik indicated he would like that clarified. Former Mayor Ralph Marchese wanted it made clear that it had ~lways been his opinion and practice to appoint people who are City residents. He thought it could be taken a step ~urther with the City advertising for people with certain expertise. He strongly recommended the Commission stick With City residents on the boards. Motion Commissioner Olenik moved to TABLE this Ordinance so ~ttorney Cherof can bring back a two-tiered Section 2, pro- ~iding for when the Commission goes outside the City and when they stay within the City. Commissioner Weiner Beconded the motion which carried 5-0. 3. Proposed Ordinance No. 90-12 Re: Recall Provision Mayor Moore understood this item had been put on the Agenda by "a civilian," who had brought this up about four months ago. If no single Commissioner is to have an Ordinance put on the Agenda, the Mayor certainly didn't believe a non- elected official should be allowed to do so. Commissioner 01enik agreed with the Mayor that a person shouldn't be able ko walk in to the City Manager's office, simply because they 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 brought an issue up, and have the City Manager direct the City Attorney to draft a particular Ordinance. Maurice Rosenstock stated the Mayor was incorrect. Mr. Rosenstock recalled the Commission approved it unanimously. He stated the Commission ordered the City Manager to have it drafted. Comments were made about the recent Supreme Court ruling relative to recall, the City Charter and not being able to "piggy-back" on the State Statute. Mayor Moore stated the opinion said you could not recall an elected official in this State unless you adopt the recall provisions of the general statute. Attorney Cherof responded there is no man- date that you must adopt it. It simply advises you that if you don't adopt it, that provision of the State Statute is unenforceable. Mayor Moore understood this provision originally was in our Charter but had been removed. He referred to a summary pro- cedure that the Governor of the State can move summarily, if there are charges brought against any elected official. The Governor can suspend the person after a fair investigation. The Mayor thought that was the best way to go. Once a recall provision is adopted, Mayor Moore thought it would be used by disgruntled politicians to paralyze the operation of government when an unpopular decision is made. Mayor Moore Stated this would affect all of the Commissioners. If the majority of Cities in the County were polled, the Mayor stated one would find most do not have recall provisions. Mayor Moore suggested this be TABLED so the City Attorney can check with the Florida League of Cities who conducted the seminar, for information as to why this is a bad Statute. Commissioner Weiner objected to the Governor summarily ~ismissing any member of a Commission. She thought that was UP to the people of the City, not the Governor of the State. Vice Mayor Wische moved to TABLE this Ordinance until the next meeting. Commissioner Artis seconded the motion which carried 5-0. Commissioner Olenik was going to be in Tallahassee and indi- cated he would talk to the Florida League to see if they have data on how many Cities have this provision. The Mayor suggested he also try to obtain the backup information from the seminar that was conducted. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 C. Resolutions 1. Proposed Resolution No. 90-KKK Re: Joint Funding Improvements to Woolbright Road from Military Trail to Congress Ave. City Attorney Cherof read proposed Resolution No. 90-KKK by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY, FLORIDA, FOR THE JOINT FUNDING IMPROVEMENTS TO WOOLBRIGHT ROAD~ A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Wische moved to approve Resolution No. )0-KKK. Commissioner Artis seconded the motion. City Attorney Cherof indicated he had no problem with this. The question was raised as to whether a registered engineer was required to review the plans. The City Manager responded affirmatively and this is to be done before it goes out to bid. Mr. Miller noted the City has two P.E.s in-house. The City Manager understood from the Boynton Beach Task Force that the installation of Woolbright Rd. from Congress Ave. to Military Trail is proceeding. The Mayor called for a vote. The motion carried 5-0. 2- Proposed Resolution No. 90-LLL Re: Supporting and opposing various proposed legislative bills City Attorney Cherof read proposed Resolution No. 90-LLL by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT AND/OR OPPOSITION TO SEVERAL PROPOSED BILLS BEING CONSIDERED FOR ENACTMENT BY THE FLORIDA LEGISLATURE DURING THE 1990 SESSION; FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." City Manager Miller noted the supporting or opposition of these various bills agrees with the Florida League of Cities in all cases. Relative to Section 1 of the Ordinance, the City Manager noted item C. "Partial Year Assessments," HB139 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MAY 1, 1990 is also now SB1208. In connection with item G. "House/Senate Transportation Package," this is called CS/HB 2515. Under Section 2, A. "Governor's proposal on cigarette tax increase," it is now PCB FT 90-7. Under Section 2, G. "Sovereign Immunity Cap," this has been assigned a Senate Bill other than its companion, HB2113. Senate Companion is SB1648. Relative to one which had just come out, "Department of Environmental Regulations - Administrative Fines," Mr. Miller explained this would authorize DER to levy an annual occupational license on governmentally owned public water systems in an amount up to $2,000. Mr. Miller was going to put this under the bills the City opposed and he labeled it I. CS/HB2069 and CS/SB628. Under Section 3, Commissioner Olenik suggested certified Copies of the Resolution be sent not only to the Legislative Delegation but also to the Governor. There was agreement. Vice Mayor Wische moved to approve Resolution No. 90-LLL as amended. Commissioner Weiner seconded the motion which Carried 5-0. Vice Mayor Wische briefly left the dais. Need for a City Lobbyist In concluding the discussion on Resolution No. 90-LLL, Commissioner Weiner noted she probably should have put this ~opic on the Agenda at the beginning of the meeting but she forgot. She thought the City probably would not influence this Legislature very much. She referred to previous ~iscussions on the need for a City Lobbyist. She proposed that next year the City have a lobbyist at the least ~ossible cost. The City could share a lobbyist with one or more Cities. It could hire a lobbyist to track one or more ~roposals the City wants to see passed. Commissioner einer thought that to continue year after year with no lepresentation in Tallahassee except for a member of the ~ommission on Palm Beach County Day was neglecting an impor- tant function. She didn't think the City would ever get oney back that the citizens pay in taxes unless we go and ight for it with a lobbyist. She hoped the Commission Would consider this as the budget process proceeds. Commissioner Olenik thought the Commission as a whole should ~ecome more active in Tallahassee. He felt the elected ~fficials are the best lobbyists that a City has. Other comments were made. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Proposed Resolution No. 90-MMM Re: Ratification of SCRWTDB action of April 19, 1990 - Award of Contract to SCE, Inc. for the Odor Abatement System City Attorney Cherof read proposed Resolution No. 90-MMM by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION, A COPY OF SAID RATIFICATION BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved for the adoption of Resolution 90-MMM. Commissioner Weiner seconded the motion which carried 3-1. Mayor Moore voted against the motion as he felt we were spending too much money on the engineering to "rip the City off for 1.3 million dollars." Vice Mayor Wische returned to the dais. 4. Proposed Resolution No. 90-NNN Re: Lease Agreement - Copy Machine for West Wing City Attorney Cherof read proposed Resolution No. 90-NNN by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN MUNICIPAL LEASE AGREEMENT BETWEEN THE CITY OF BOYlqTON BEACH AND MASTER LEASE CORPORATION AUTHORIZING THE ACQUISITION OF REPLACEMENT COPIER EQUIPMENT THROUGH THE LEASE TO OWN OPTION, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "i"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Discussion took place with the City Manager and Sharon Randolph, Assistant to the City Manager on the monthly ~seage in the West Wing. Commissioner Olenik thought the ~ity was working towards a centralized copy center. The ~ity Manager noted this was a movement away from that con- ~ept. The City Manager thought a centralized copy center Would result in wasted time and manpower. Discussion took place regarding factors involved. Commissioner Olenik Stated he didn't know that the Commission had made the policy change to move from a centralized copy center. He 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 wasn't sure he wanted to approve a lease agreement before that decision was made. Other remarks were made. Commissioner Weiner moved to approve the recommendation of staff. Vice Mayor Wische seconded the motion which carried 4-1. Commissioner Olenik voted against the motion. 5. Proposed Resolution No. 90-000 Re: Consent to service process Public Service Tax Bonds City Attorney Cherof read proposed Resolution No. 90-000 by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN CONSENTS TO SERVICE OF PROCESS; AND PROVIDING AN EFFECTIVE DATE." Bond Attorney Mark Raymond explained in connection with the proposed sale of the bonds, it is necessary if the City %;ishes to authorize the marketing of the bonds in certain ~tates, that the City consent to the service of process. he states are Alabama, Massachusetts, Mississippi, North ~arolina, South Carolina and Tennessee. In order to protect kheir citizens, these states have required if a city wishes to sell bonds in their jurisdiction, in order to avoid having physical delivery of documents to a representative of a city in the case of a lawsuit, those cities have appointed a government official in the state as the city's agent to ~eceive those documents. The city would still be notified if any such suit was filed. This is a matter of convenience ~or someone who wishes to sue the city in the future. ~r. Raymond explained the difference between the way these ponds are to be sold and the way past bond issues have been gold and why this procedure is necessary at this time. He noted the way these bonds are to be sold is through a place- ~ent arrangement where a firm is selected. Rather than ~uying the bonds itself, the firm arranges for one or more purchasers to buy the bonds from the City. Rather than the City selling the bonds to Sun Bank, they are sold directly ~o individual purchasers located in various states. Mayor oore asked if this would result in any liability. Mr. ~aymond responded, "microscopically it can increase your iability." The Statutes of the various states provide for Causes of actions by purchasers against sellers. That is the reason the consent is required, to facilitate the resi- dent using that Statute. Mr. Raymond explained a Federal 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Statute prohibits commercial banks from underwriting this type of obligation. Mr. Raymond noted Sun Bank has no obligation to sell the bonds through this type of marketing. They either find purchasers or they don't. He explained if the City doesn't sign this, Sun Bank is not going to look for purchasers in six states, Alabama, Massachusetts, Mississippi, the Carolinas and Tennessee. Sun Bank had indicated they would like to look for purchasers in 15 states. That would leave them with the other nine states to try and market the bonds. It may or may not decrease the likelihood that they could find purchasers for all the bonds. They could still sell them in numerous other states, including Florida. Mr. Raymond believed that 26 of the 50 states have this problem, but they didn't want to sell the bonds in all 50 states. Discussion ensued about the method being used at this time and the "miscroscopic" increase in liability. Mr. Raymond explained that all this does is change the process service in the case of a suit. Other remarks were made. Commissioner Olenik moved for the adoption of Resolution No. 90-000. Vice Mayor Wische seconded the motion which carried 5-0. Mayor Moore declared a brief recess at 8:40 P.M. The meeting resumed at 8:50 P.M. Proposed Resolution No. 90-PPP Re: Administrative Coordinator Engineering for Inspection & ~ity Attorney Cherof read proposed Resolution No. 90-PPP by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE POSITION OF ADMINISTRATIVE COORDINATOR FOR INSPECTION & ENGINEERING, AND AMENDING THE 89/90 PAY PLAN TO INCLUDE THIS POSITION." The City Manager noted the Commission had approved the ~eorganization of the Engineering Dept. at the last ommission meeting. This Resolution formalizes the position Of Administrative Coordinator for Inspection & Engineering ~nd places it in proposed pay grade 34. This was a new, ~acant position and would be posted. ~ice Mayor Wische moved to approve Resolution No. 90-PPP. ~ommissioner Weiner seconded the motion which carried 5-0. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Other i. Water Service Agreement with Tropical Terrace Subdivision Commissioner Olenik moved to approve the Water Service Agreement with David G. and Margaret D. Cutler for Lot ~41. Vice Mayor Wische seconded the motion which carried 5-0. 2. Community Design Plan As outlined in the City Manager's Agenda Memorandum No. 90-142, two alternatives were available to the City. The ~irst alternative would be to eliminate the Community Design Plan requirement from Section 19-42 of the City's Code. The City Manager did not advocate doing this. He did recommend the second option of making it a practice henceforth, to condition aesthetic architectural qualities as presented by the developer to the approval of the plan through the site plan process. The City Manager recommended this be prac- ticed until such time as the City has in place a Community Design Plan. Mr. Miller explained if a developer comes before the City ~nd presents a building of a certain architecture and with Specific materials, that the City condition the approval of those aesthetic qualities to that site plan. Mr. Miller ~elt when the developer presents those plans he is making a Formal commitment to the City. This more formal procedure was being offered until the Community Design Plan is ~pproved and in place. Uice Mayor Wische suggested this be made even stronger. Felt as part of the site plan approval, this could be a pal contract between the developer and the City to do ~xactly as stated on the plans. The developer could be 7equired to sign it. for- Mayor Moore thought the problem was there presently is no legal backup to give the Commission, in the site approval )rocess, the "teeth" to make the developer "jump" one way or the other. ~ommissioner Weiner moved to adopt the City Manager's recom- mendation and that the City Commission make it a practice to condition aesthetic architectural qualities as presented by the developer to the approval of the plans through the site plan process, until such time as the City has in place a Eommunity Design Plan. Vice Mayor Wische seconded the ~otion. ity Attorney Cherof indicated this was a proper interim tep to take. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 The Mayor called for a vote on the motion. The motion carried 5-0. 3. Update on Home Depot Lawsuit City Attorney Cherof explained the City had until May 14, 1990 to respond formally. A response was being drafted. Mayor Moore suggested a Motion to Dismiss be the initial pleading and he explained his reasons for this suggestion. 4. Policy on Notification of Lawsuits Commissioner Olenik referred to a recent newspaper report that six Boynton Beach Police Officers were being sued in Federal Court on either Police brutality or discrimination charges. Commissioner Olenik was dismayed that he didn't hear this from staff first. He found out the City hadn't been served with this lawsuit yet. The reason it made the newspaper was because the reporter had discovered it on the Court docket. Commissioner Olenik thought it was a shame Something like this becomes public knowledge prior to the City even being notified. Commissioner Olenik hoped the City's policy was that as soon as the city is served with lawsuits that at least the ~ommissioners receive a phone call. Remarks were made by pity Manager Miller and Olivia McLean, Director of Risk Management relative to notifying the Commissioners right away when the City learns of a new lawsuit. Mr. Miller stated this practice would continue. City Attorney Cherof recommended when a public inquiry is ~eceived regarding a new lawsuit, that the response be "no ~omment." All questions should be directed to the City ~ttorney's office. ~. Public Information Access Relative to the new lawsuit just discussed, Commissioner lenik referred to a request of the Police Dept. for public nformation which was denied the individual. He would hope ~here was a policy in place that this doesn't happen again because it looks like public information is being withheld. Dlivia McLean referred to a centralized public information olicy which makes it easier for the public to obtain infor- ation. This will be in the Administrative Policy Manual. 6' Update on Seppala & Aho Litigation ~ity Attorney Cherof indicated there was nothing going on ~urrently in the lawsuit filed by the contractor against the ~ity and the architect. Mr. Cherof had just drafted a 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Motion asking the Court to direct the parties to mediation, which is routine. This is not binding mediation but is simply mediation to see if this can be resolved prior to a lot of money being spent on litigation. 7. Update on Southern Entertainment Litigation City Attorney Cherof stated he had just received a letter from Attorney James Green, who represents the City in the action. Mr. Green needed direction from the Commission relative to whether they wanted to appeal the District Court's ruling. Mr. Green recommended no appeal be taken as set forth in his April 30, 1990 memorandum. Mayor Moore asked why Mr. Green was still serving as counsel on this. Mr. Cherof replied Mr. Green wanted to remain on until this was concluded and it seemed prudent to do so. Mr. Cherof believed he (Cherof) was listed as co-counsel. To Mr. Cherof's knowledge, this was not costing the City any money. lit was noted the City is in the process of enacting an Ordinance. Mr. Cherof stated the cure was in what we are doing internally. This cure takes less time than pursuing the appellate route. The Mayor thought it was important to establish how the problem on this arose, so something like this doesn't happen again. He referred to defective notice and the City losing ithe lawsuit. The Mayor had ascertained the notices at that itime emanated from the Planning Dept. He thought that was wrong and all newspaper notices of a legal nature should come not through the Planning Dept. or the City Clerk's office but through the City Attorney's office. He thought ithere had been a usurpation of power in this case and the ~ity was paying for it. The Commissioners agreed legal notices and Ordinances should emanate from the City ~ttorney's office. Commissioner Olenik moved that the City not appeal the Southern Entertainment case. Commissioner Weiner seconded !the motion which carried 5-0. Status of Chapter 19 Mayor Moore inquired about the status of the review of Chapter 19 which appeared to have fallen between the cracks. Discussion had taken place between the City Manager and iseveral members of the Planning & Zoning Board. Another draft had been prepared which was in the City Manager's office. The City Manager had been hoping to have a Planning Director on staff shortly to review it. Since a Planning Director had not been hired yet, the City Manager was not prepared to hold up Chapter 19 any longer. Mr. Miller indi- ica~ed they intended to forge ahead on this. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 9. Si~n Ordinance Review by Ad Hoc Committee Some Commissioners were unsure whether the Sign Ad Hoc Committee had ever reported back to the Commission. Commissioner Olenik recalled they did report back to the Commission a long time ago but there wasn't a lot of infor- mation in the report. Mayor Moore stated if there was a report, it should come back to the Commission so they could !look at it again. Remarks were made about who the Ad Hoc Committee had consisted of. The Mayor believed it had con- sisted of Don Jaeger, Norman Gregory and a sign painter from Lantana. i10. City Recovery of $1,000,000 from Insurance Company in Connection with Tradewinds Olivia McLean, Director of Risk Management reported the iinsurance home office was reviewing this matter currently ~nd had advised a decision should be made within two weeks. The Mayor hoped a decision would be made soon so the City ~ould reduce the amount of the bond issue it had to issue. He said to "try and speed this up." BUSINESS ~1. Boynton Lakes North Certificates of Occupancy Lynne Matson, 1 West Chesterfield Drive, Boynton Beach, pro- ~uced a list of over 550 signatures of residents in her com- munity. The residents feel someone must answer for problems !their community is now facing. Ms. Matson recalled the ~ommission had instructed no C.O.s were to be released until ithe Building Official coordinated the release of the C.O.s ~lth the Board of DIrectors. Ms. Matson and representatives Df Lennar Homes had performed a "walk-through" of the com- munity. As certain issues were resolved, a portion of the ~.O.s had been released. Ms. Matson had requested Roger uver, Michael Haag and Don Jaeger each notify her when the ifinal inspection was to be made. As it turned out, the !inspection took place and C.O.s were released without her ~uthorization. Ms. Matson referred to specific sections of the Code and Explained things had been omitted from the Master Landscape lan which was submitted. Landscape plans for the public rights-of-way are supposed to be submitted. No building permits or C.O.s are supposed to be issued for buildings or paving unless landscaping plat plans are provided for. She noted there had been no plans submitted for the Boynton Lakes Blvd., Plaza Lane or Paxford Lane entrances. She hoped the residents had not lost their leverage with the ~eveloper now that the C.O.s had been released. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Reference was made to the poor condition of their roadways and the complete lack of lighting on Plaza Lane and Redford Drive. Ms. Matson stated Lennar Homes was remiss in completing the lighting of Boynton Lakes Blvd. and Paxford Lane, both going out to Hypoluxo Rd. A list of over 70 problem items was submitted. Ms. Matson ~nderstood that when a developer submits landscaping plans to the City, the developer is supposed to pay for that Landscaping. Lennar charged the homeowners for certain trees and Ms. Matson questioned this. The residents were formally requesting the City's interven- tion by 1) rescinding the site inspection which was passed. !2) They wish the lighting to be completed in a timely manner. 3) Since their sister community, Boynton Lakes has iirrigation around its lakes and along its canals, they were asking that this issue be opened for discussion again. 4) They wish their plans to be requested of Lennar or Joint Venture for the previously mentioned entrances. 5) They wish all of their roads to be seal-coated as they are severely iscarred and are collapsing. 6) They request that no more bond money be released to Lennar or Joint Venture until the majority of these issues are settled. Ms. Matson stated ~he residents appreciate City assistance that has been ren- dered in the past and they request City assistance at this itime. Discussion ensued. The City Manager noted $100,000 bond money is being held for engineering purposes in connection with Boynton Lakes Blvd. only. Remarks were made about the landscaping deficiencies. The City Manager was asked to look into this situation and report back to the Commission. NEW BUSINESS Items requested by Mayor Gene Moore Municipal Golf Course Comments were made by one citizen on this topic under the ~ublic Audience portion of the meeting. Mayor Moore was ~nterested in investigating the feasibility of seeing if the County would be interested in taking over the Municipal Golf Course operation. The Mayor's letter to the City Manager dated April 18, 1990 explained his feelings in this regard. Reference was made to the large number of County residents ~hat use the facility. The Mayor thought the City could ~elieve itself of in excess of $4,000,000 in bonded indeb- tedness. He acknowledged the facility was being run profi- tably but he didn't think is should be a City operation. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Commissioner Weiner didn't think it was appropriate for the Mayor to have contacted the County on this subject without discussing it with the rest of the Commission. Commissioner Weiner noted every major City in the County has its own municipal Golf Course. All are thriving operations that the citizens enjoy. She thought the Mayor's idea to turn the operation over to the County with the understanding that City residents would continue to get some priority was dangerous. The only City that had relinquished its Golf Course was Delray Beach. Commissioner Weiner noted that Golf Course had rapidly deteriorated. Other remarks were made about the rates and golf instruction provided for youths. She noted the Golf Course is totally self- Supporting and only taxes those who play there. She could not see the logic in giving this valuable enterprise away. Lengthy discussion ensued among the Commissioners about the permit fees, green fees, bonded indebtedness and profit from ~he Golf Course. Commissioner Olenik estimated the Golf Course was worth about $4,000,000. If the City decided to ~ake this asset off the City books, he thought a message would be sent to the future bond raters of our community. Why would the City want to get rid of such a valuable asset? Mayor Moore responded you would be getting rid of an equal ~mount of debt. ~ommissioner Wische commented that since its inception, the Golf Course has been self-sustaining. It generates enough money to purchase equipment to keep a golf course in A-1 dondition. Several unsolicited comments were made by people df the audience. lommissioner Olenik moved that the City Commission cease and .esist any conversations it may have had or intends to have ~ith the County relative to the transfer of the Boynton ~each Municipal Golf Course. Commissioner Weiner seconded he motion. Mayor Moore stated he would not be bound by his. Disagreement took place. Commissioner Olenik noted his Commission had censured one of its members for certain easons, one of which involved requesting an opinion of the ~ttorney General without getting the approval of the !ommission. Commissioner Olenik asked what gave the Mayor he right to open up discussions with another governmental ~gency on this. The Mayor responded as an elected official .e had a right to inquire on anything that had to do with he interests of the City. ~ vote was called on the motion. The motion carried 4-1. Mayor Moore voted against the motion. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Mr. Harry Marcus, 650 Horizons East, Sterling Village, Boynton Beach stated he had been involved with the Golf Course for many years. Mr. Marcus referred to the Mayor having started an action after the City had held a referen- dum where the citizens overwhelmingly supported the need for a Golf Course for the City. Mr. Marcus made lengthy com- ments about the bond issue for the Golf Course and the financial implications. Mayor Moore reminded Mr. Marcus that comments are to be limited to three minutes. Mr. Marcus asked the Commission to allow him to make his point and he continued although the Mayor asked him several times to finish his remarks. Mr. Marcus was concerned about the City's financial ability to get bonds in coming decades and he explained in technical terms. Mr. Marcus thought the City should definitely hold on to this Golf Course. 2. American Legion Baseball Program - Contribution The American Legion Post 164 had submitted a copy of its 1990 Baseball Budget for the Commission's review. Mr. Phil Cestaro, the Baseball Chairman for Post 164 explained that although $4,989.80 was needed for insurance, uniforms and baseball gear, Post 164 would be raising another $5,000 to $6,000 on their own. The $4,989.80 amounted to 50% of their entire budget. Historically, Mr. Cestaro stated 99% of the players have been City residents. The City Manager was asked about monies remaining in certain accounts. Mr. Cestaro noted they had received private funding in the past and would be soliciting private funding again for the expanding League. Remarks were made about functions held to raise proceeds. Commissioner Weiner asked if all the high school requests for funds had been taken care of. She thought the Commission normally received more school requests than it had this year. The City Manager indicated $3,500 remained in that particular account. Discussion ensued about how much could be provided without cutting the account short if other requests came in. Sharon Randolph, Assistant to the City Manager thought we were coming to the end of it. She noted we usually receive most of the requests from the schools earlier in the year. School will be letting out soon and we'll be into the new budget year. Other remarks were made. Vice Mayor Wische moved to give the A~nerican Legion Post 164, $4,989.80 for their Baseball Budget. Commissioner Olenik seconded the motion. Commissioner Olenik advised Mr. Cestaro the Commission was changing its policy going into the next budget year. This will all be handled at the beginning of the year. The 28 MINUTES - REGULAR CITY COMMISSION MEETING BOY'TON BEACH, FLORIDA MAY 1, 1990 Commission will not take requests throughout the year. Commissioner Olenik told the City Manager the City needed to make sure all the organizations that normally come to the City understand this change. Commissioner Weiner remarked the Community Relations Board has been the mechanism through which requests like this are handled. They spend a great deal of time examining these requests and have their own budget. She noted they had objected when the Commission granted the large request to the Dick Webber Center. She was sure this was a worthy cause but she thought sometimes the organizations that people are involved in can tend to "color" decisions on the Commission and she hoped the Commission could keep a straight line about giving out donations of taxpayers' money in large amounts. The Mayor called for a vote on the motion. The motion carried 5-0. 3. Resume of City/County Activities Discussion took place regarding a number of topics the Mayor felt were getting "bounced" around at the County level. The City Manager had indicated in his Agenda Memorandum No. 90-k43 that somehow and in some way the Board of County Commissioners needed to react more positively to the issues and concerns that are brought forth by the cities. Reference was made to the County's plans to terminate ~unding for the school crossing guard program, their pro- posed plans to locate a library at a site the City con- sidered inappropriate, the implementation of traffic standards without exceptions and the tabling of funding for the Hamlet. Commissioner Olenik remarked he was the incoming Palm Beach Municipal League President and he intended to work very close- lY with the County Commission toward improving the working relationship so that issues of County-wide importance can be resolved. Comments were made about the need for improved communication with the County Commission. B. Items requested by Commissioner Arline Weiner Affordable Housing Commissioner Weiner thought the City had a "reactive" approach toward affordable housing and she thought another approach should be considered. She thought it was incumbent on the City to develop its own policy on affordable housing. Huge rental projects, in her opinion, were a failed policy as far as low cost housing is concerned. Remarks were made 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 about developers building low cost rental housing with no plans for future maintenance in parts of the City that can ill afford to have that kind of development. She thought it would be wiser to consider with the Community Improvement Director more ownership in affordable housing, such as single family homes and duplex units. Some of the new units could be rentals and some could be individually owned. People who own their homes take better care of the property. She thought the City should try to develop a cohesive, comprehensive, City-wide plan for affordable housing and steer it in the right direction. Commissioner Weiner moved that the City Commission hold a publicized workshop on affordable housing with the City Manager and the Community Improvement Director. Interested citizens are welcome to attend. Commissioner Olenik seconded the motion which carried 5-0. A specific date was not set. 2. Boynton Beach Civic Center Commissioner Weiner suggested conditions at the Civic Center be upgraded. Improvements are needed in interior lighting End it needs to be painted inside and out. As one enters the building, an unpleasant disinfectant type odor is detected. Discussion took place with the City Manager relative to recent Commission review of the departmental wish list, funds and what the City's plans are for the Civic Center. Mr. Miller indicated as a result of the wish list review, the Commission had authorized him to proceed with two pro- ~ects. One was the building renovation which is going out ~or bid currently. The other item was the $6,000 appropriation for the Chapel Hill median renovation. Other than that, the City had about 1.6 million dollars in that ~ccount and there were numerous items remaining on the wish list. Commissioner Olenik asked if the Commission had decided not to entertain bond sales to move ahead on the Civic Center project. The City Manager responded the Commission had not. Commissioner Weiner commented the Commission may decide to build a brand new Civic Center or they may decide to put it an the back burner for a while. If they decide to build a new Civic Center it will take several years to complete. She didn't think the present building would be razed for another year or more and in the meantime it needed these ~mprovements. Commissioner Weiner stressed she was not Suggesting in any way that the City not proceed with a new ~ecreational facility. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 City Manager Miller indicated he could probably put together a proposal relating to costs for painting, etc. in time for Commission review at the next regular meeting. Commissioner Olenik was interested in prioritizing the pro- jects the 1.6 million dollars would be spent on. The City Manager indicated he was looking to work with the Commission On this. The City Manager asked that this topic be sche- duled for the first meeting in June. Workshop Meeting and tour between City Commission, Community Redevelopment Agency and Director of Community Improvement The City Manager was asked to coordinate a tour of the Community Redevelopment area in the City with the Commission, CRA-Commercial and Community Improvement Director participating. C. Request from County Commissioner Carol Elmquist - Use of portable stage for Haitian Flag Day celebration City Manager Miller had been informed this event was can- Celled. D. Boynton Beach Boulevard Beautification Project ~he City Manager indicated it was felt staff could develop an in-house analysis and feasibility of what the City could ~conomically provide in the landscaping and beautification Of Boynton Beach Blvd., east of 1-95. Improvements as Outlined on page 3 of Johnnetta Broomfield, Director of ~ommunity Improvement's Memorandum No. 90-059 to the City Manager were reviewed. The plan will be prepared in-house with the coordination of the Chamber of Commerce. The plan ~ill be presented to the CRA-Commercial for review and will %hen come back to the City Commission. Commissioner Weiner moved that the Commission sanction this project. Commissioner Artis seconded the motion which ~arried 5-0. Gary Ashcraft of the Chamber of Commerce com- mented the Chamber supported this effort. CRA Consultant Proposal for Workshops ~s outlined in Johnnetta Broomfield, Director of Community iImprovement's Memorandum No. 90-058 to the City Manager, a ~roposal had been submitted for Mr. Bill Fountain to assist iln putting together an action plan for revitalizing the downtown. The $3,500 charge could come out of the CRA-Commercial budget. Discussion ensued. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Vice Mayor Wische moved to not approve the proposal. Commissioner Weiner seconded the motion. Comments were made this plan together actually needed. about the CRA-Commercial's ability to put themselves and whether a consultant was Commissioner Olenik thought the $3,500 could be well spent on this project as the City would get a known product from the consultant. The CRA-Commercial had progressed a little more slowly than he had hoped for. The alternative would be to bring the responsibility back to the Commission and Commissioner Olenik didn't think the Commission had the necessary expertise in that area. Vice Mayor Wische stated it wasn't a question of the amount of money or the consultant's qualifications. The Commission had appointed this particular Board to do something, not to get a consultant to help them. This was to be done in six months. Remarks were made about work which is done by con- sultants and then not used. Other comments were made. The Mayor called for a vote on the motion to not approve the proposal. The motion carried 3-2. Commissioner Artis and Commissioner Olenik voted against the motion. F. Fraternal Order of Police - Sanitary Sewer Installation As outlined in John Guidry, Director of Utilities' Memorandum No. 90-241, Commission approval was required to complete sewer installation on this project. Total dollar value for de-watering installation and pump rental would be about $3,555.00. Vice Mayor Wische moved to approve. Commissioner Olenik seconded the motion which carried 5-0. Commissioner Olenik indicated he was a member of the FOP and asked City Attorney Cherof if he should abstain from voting. Mr. Cherof stated that since Commissioner Olenik would not be benefiting indi- vidually from this matter, it was not necessary for him to file a Memorandum of Voting Conflict. G. Board Appointments Vice Mayor Wische referred to a recent newspaper article which quoted Commissioner Weiner as indicating three of her appointments had been opposed by the Mayor and Vice Mayor. Vice Mayor Wische stated Commissioner Olenik had Cynthia Greenhouse's appointment not Commissioner Weiner. Relative to the comment that a pattern existed, Vice Mayor Wische 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 stated the article failed to mention that four of Commissioner Weiner's other appointments were made unop- posed. H. Comments on Mayor Moore's Memorandum of April 18, 1990 Commissioner Olenik referred to item ~4 in Mayor Moore's memorandum to the City Manager which indicated the infor- mation brought to Commissioner Weiner's attention by Maurice Rosenstock regarding the map printed in the adult entertain- ment advertisement was inaccurate. Commissioner Olenik agreed with the Mayor's feeling that it is imprudent for City Commissioners to bring up a point at a public meeting which could be used against the City~ especially when the information is inaccurate. Reference was also made to comments by the Mayor at a recent Commission meeting about the tile roof situation on one pro- jecu and the City possibly getting sued. Commissioner Olenik thought these comments could injure the City and he hoped the Commissioners would be more careful about such remarks. I. Policy regarding having Board Reports during City Commission meetings relative to development projects Although this subject was added to the Agenda at the beginning of the meeting, the subject was never discussed. CITY MANAGER'S REPORT 1. Update on Chapter 19 A joint meeting between the City Commission and Chamber of Commerce was scheduled for Tuesday, May 22, 1990 at 6:00 P.M. ADMINISTRATIVE A. Consider clarification of Commission's request to approve future ehange orders (Previously Tabled) Commissioner Olenik moved to remove this topic from the table. Commissioner Weiner seconded the motion which carried 5-0. Commissioner Weiner moved to implement the City Manager's proposed procedure on change orders. Commissioner Olenik seconded the motion. As outlined in the City Manager's Agenda Memorandum No. 90-147, the Commission would have to give approval prior to any work being done on change orders sxceeding $5,000. All change orders would eventually come before the Commission, however. 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 The Mayor called for a vote of all those in favor of the motion. The motion carried 5-0. B. Engineering construction Inspection services for West Water Plant Construction Project (Previously Tabled) This item was left on the table. The City Manager remarked the value engineering is about two weeks away. C. Board Appointments Commissioner Olenik moved that the Board appointments be removed from the table. Vice Mayor Wische seconded the motion which carried 5-0. Commissioner Artis reappointed Maggie Gager as an Alternate on the Cemetery Board. Mayor Moore appointed Gary L. Cornn, Sr. as an Alternate on the Civil Service Board. Commissioner Weiner remarked we still have not received any Talent Bank forms for people interested in serving on the Community Relations Board. This appointment was tabled. iD. Consider replacement to fill vacant position on Code Enforcement Board to replace Cynthia Greenhouse - Term expires 9/90 - Appointment to be made by Commissioner Arline Weiner (Previously Tabled) iCommissioner Weiner moved that this topic be removed from ithe table. Commissioner Olenik seconded the motion which !carried 5-0. iCommissioner Weiner appointed Marina Haberman to the Code iEnforcement Board. Mayor Moore objected. iVice Mayor Wische had discussed Ms. Haberman's professional ibackground with her and had come to the conclusion that she iwould be an asset to any City Board. Vice Mayor Wische ireferred to two Talent Bank forms for gentlemen who have iexpertise in technical areas. The Vice Mayor remarked on Itwo appointments made to the CAB at the last meeting and he !asked if the Commission was going to have double standards ior were they going to hold to the expertise requirements on fall Boards. !Commissioner Weiner pointed out the current CEB has two !contractors on it, namely Michael Fitzpatrick and Robert IMulroy, as well as two engineers, a realtor, and a busi- inessman. She noted there were presently no Talent Bank iforms for an architect. She didn't think it was encumbent ion her to comb the City to find an architect. The person lwhose seat Ms. Haberman will fill was not an architect. 34 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Vice Mayor Wische noted the requirement does say "and/or persons with building trade experience." He noted there are currently two Talent Bank forms from applicants that have building trade experience. It was noted that Ms. Haberman has a Bachelor's Degree in Fine Arts with a specialty in Architectural Design. Cynthia Greenhouse addressed the Commission relative to the Statute, Section 162. She noted the Statute says "appointments shall be made in accordance with applicable law and Ordinances on the basis of experience or interest in the jurisdiction of the respective Code Enforcement Board." This language replaced "fields of zoning and building control" in the Statute. Ms. Greenhouse thought Ms. Haberman had displayed interest in the jurisdiction of the CEBo Ms. Greenhouse also thought she qualified as a "business person" in the community. The City Attorney was asked if the State Statute also indi- cated the applicant had to be a City resident. Mr. Cherof indicated that was correct. The other requirement is that the individual, if possible, would fall into those cate- gories of employment set forth in the Statute. He pointed Out the Statute is a little ahead of the City's Ordinance. The City had only incorporated some previous language of the iStatute. A draft Ordinance will be on the next Commission meeting which will incorporate some of the newer positions. Mr. Cherof stated the residency requirement was always there and will be in it now. The language with respect to ?'interest in" or "experience in" the subject matter of the iBoard is new language and is not yet incorporated into the !Code. Mr. Cherof believed the Commission must try to place ipeople with the required expertise in the positions before you move on to people who do not have that experience. iCommissioner Olenik was familiar with one of the gentlemen ~who had submitted a talent bank form and thought Ms. iHaberman and the gentleman would both qualify under the ver- ibiage of the Statute. His policy was that if a person iappeared to be qualified, he would not object to another iCommissioner's appointment. Commissioner Weiner had !selected Ms. Haberman and Commissioner Olenik was not pre- ipared to object. Other remarks were made. !Mayor Moore still did not feel it was appropriate for a non-Citizen to be enforcing Constitutional rights against iU.S. citizens under the Code Enforcement procedure. A vote was called on all those in favor of the motion. The motion carried 4-1. The Mayor voted against the motion. 35 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 E. Change Orders No. 25 & 31 - Seppala & Aho City Manager Miller explained change order ~25 had to do with treating the concrete in the parking garage. Bill DeBeck, Project Manager, indicated a structural engineer with Gee & Jenson had inspected the garage and did not feel there was any structural problem. Relative to change order 931, Mr. DeBeck reported the next couple of change orders that come to the Commission will be made up of field orders of work the contractor did due to errors and omissions by the architect in the drawings. By State law, the City as the owner is responsible for these additional costs. Mr. DeBeck stated the City will have to go back against Miller, Meier's errors and omissions insurance to recoup these costs. Commissioner Weiner moved to approve change orders 25 and 31. Commissioner Olenik seconded the motion which carried 5-0. F. Concurrence of City Manager recommenation for Public Works Director for the City of Boynton Beach The City Manager recommended Robert Eichorst for the Public Works Director position. Civil Service procedure had been followed. Commissioner Olenik moved to concur with the City Manager's recommendation to make Robert Eichorst the Public Works Director. Commissioner Weiner seconded the motion which Carried 5-0. Reimbursement of Legal Fees to former Assistant City Manager Ann Toney As outlined in the City Manager's Agenda Memorandum No. 90-i45, reimbursement of legal fees incurred by Ms. Toney in the amount of $942.50 was requested. Vice Mayor Wische moved to pay the legal fees of former Assistant city Manager Ann Toney. Commissioner Weiner Seconded the motion which carried 5-0. H. Purchase Advanced Life Support/Rescue Vehicle ~s explained in Jim Ness, EMS Coordinator's Memorandum No. 90-409 to the City Manager, the purchase of a new Fire Rescue vehicle was recommended. Vehicle ~822 will now be utilized as a utility truck for other auxiliary services. ~ice Mayor Wische moved to approve the recommendations of ~ta~f. Commissioner Weiner seconded the motion which carried 5-0. 36 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 I. City Purchase of Block of the Series 1990 Bonds for Sale to Residents City Manager Miller was interested in whether the City wanted to get involved in purchasing a block of the 1990 Bonds in $1,000 denominations for sale to the public. A lot of people had expressed interest in purchasing the bonds. The Mayor wanted to make sure these would be sold. Commissioner Olenik suggested a memorandum be sent to City employees to get an idea of the interest. It was agreed that it be kept in-house initially for an amount up to $50,000. Then, if necessary, an ad can be placed in the newspaper to sell them to the public. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of April 17, 1990 2. Special City Commission Mtg. Minutes of April 24, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Sale of Equipment from Abandoned Wastewater Plant The Tabulation Committee recommended awarding the bid to the ~nly bidder, Florida Drives & Gear Motors, Inc. of Tampa, Florida in the amount of $801.00. 2. Cement masonry unit wall enclosures at well sites The Tabulation Committee recommended awarding the bid to Janus& Hill Corp. of Lake Worth, Florida in the amount of $24,500.00. 3. Annual Maintenance Contract for a 1301 Halon System The Tabulation Committee recommended extending the existing contract for another year to Borrell Fire Systems, Pompano Beach, Florida, at a contract price of $400.00 per year. C. Resolutions 1. Proposed Resolution No. 90-QQQ Re: Final Plat Approval - Hunters Run - Summit Plat No. - Tracts 14 & 15 (Replat) 37 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MAY 1, 1990 "A RESOLUTION OF THE CITY OF BOYI~TON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR SUMMIT, PLAT NO. 1, BEING A REPLAT OF PORTIONS OF TRACTS 14 & 15 AS PREVIOUSLY SHOWN IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 36, PAGES 48 thru 51 INCLUSIVE AND LYING IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, SITUATED WITHIN THE CITY OF BOYNTON BEACH, FLORIDA." Proposed Resolution No. 90-RRR Re: Final Plat Approval - Hunters - Tracts 1, 2 & A (Replat) Run - Summit Plat No. 1 "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR SUMMIT, PLAT NO. 1, BEING A REPLAT OF PORTIONS OF TRACTS A, 1 & 2 AS PREVIOUSLY SHOWN IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 36, PAGES 48 thru 51 INCLUSIVE AND LYING IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, SITUATED WITHIN THE CITY OF BOYNTON BEACH, FLORIDA." Proposed Resolution No. 90-SSS Re: Release of Performance Bond - The Meadows Project - Wellesley "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA RELEASING THE PERFORMANCE BONDS FOR WELLESLEY AT BOYNTON BEACH, A REPLAT OF TRACT "N" OF THE MEADOWS 300 IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST." Proposed Resolution No. Re: Final Plat Approval Tradewinds Group 90-TTT - Shoppes of Woolbright, P.C.D. "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE FINAL PLAT FOR SHOPPES OF WOOLBRIGHT P.C.D., PART OF WOOLBRIGHT PLACE P.U.D., BEING A REPLAT OF A PORTION OF LAKE BO~NTON ESTATES PLAT %3 AS PREVIOUSLY RECORDED IN PALM BEACH COUNTY RECORDS PLAT BOOK #13, PAGE ~53, TOGETHER WITH A PARCEL OF LAND SITUATED IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY." 5. Proposed Resolution No. 90-UUU Re: Acceptance of Roadway at Elementary School (Citrus Cove School) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING FOR MAINTENANCE PURPOSES A REQUIRED IMPROVEMENT KNOWN AS THE NORTH ACCESS ROADWAY FOR PALM BEACH COUNTY ELEMENTARY SCHOOL SITE "P", A PUBLIC RIGHTS-OF-WAY." 38 · % MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 D. Development Plans None. E. Approve authorization Clerk's Office to dispose of records - City Approval was requested to dispose of City Commission sound recording tapes from the period 1/85 through 12/86 as well as Employees' Pension Board sound recording tapes from 10/72 through 12/86. Disposal authorization had been received from the State of Florida, Division of Archives for the tapes as outlined in Records Destruction Request NO. 189. Commissioner Olenik remarked that once tapes of City Commission meetings are destroyed, there is no verbatim record left. City Manager Miller indicated the approved Minutes are the official record. The tapes serve as backup. In view of the fact that the Minutes are not verbatim, City Attorney Cherof stated the burden is on the person in the audience. If they want to maintain a verbatim record they can have their own court reporter present. The Vice Mayor asked if the tapes were admissible in Court. Mr. Cherof replied probably not. He noted that sometimes there are gaps in comments which are not picked up by the microphones. The Vice Mayor asked if it was customary to destroy City ~ommission meeting tapes from this period after this many years had passed. Sue Kruse, City Clerk responded affir- matively. Consider request for refund - Cemetery Lots 221 A & B, Block S, Boynton Beach Memorial Park Addition 91 iRoberta Pitassi requested a refund in the amount of $360 on icemetery Lots 221 A & B, Block S, Boynton Beach Memorial IPark Addition ~1. iG. Approval of Bills iSee list attached to the original copy of these Minutes in ithe Office of the City Clerk. Commissioner Olenik abstained Ifrom voting on item 24, a payment to Motorola, Inc. A IMemorandum of Voting Conflict is attached to the original !copy of these Minutes in the City Clerk's office. iRelative to item 20, a payment to Walter Keller, some iCommissioners thought the City had settled up with Mr. iKeller. The City Manager stated that was not the case. iThis bill was pulled until additional information is made iavailable. 39 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, PLORIDA MAY 1, 1990 Discussion ensued regarding item 30, a bill for $35,640.00 from Stanley Consultants of Florida, Inc. The City Manager reported this represented 85% to 90% of their bill. Commissioner Olenik was uncomfortable paying this figure when the Commission had not seen the result of the work yet~ Discussion took place. The consensus was to pull this bill from the list. Motion Commissioner weiner moved to approve the Consent Agenda. Vice Mayor Wische seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at ll:0~-P~.M. ~" ~ ' ' ~ice mayor ATTEST: Ci~ Clerk - Recording Secretary (Six Tapes) Commissioner Commi s s ioner Commissioner 40 AGENDA May 1, 1990 XI. CONSENT AGENDA G cc: Mgmt Serv Utilities Recreation Finance 5o 10. 11. ALLIED LIME 1st and last quicklime deliveries for March - 14,685.92 Last pebble lime delivery for March - 2,308.51 Pay from Water & Sewer Rev Fund - 401-332-5-365-00 16,994.43 ASSOCIATION FOR RETARDED CITIZENS Funding requested by Community Relations Board and City Commission. Pay from General Fund - 001-194-5-988-00 Commission approved April 3, 1990 2,000.00 B & B CONTROLS, INC. Replacement of Pumps and Upgrade of Lift station # 313. Pay from Utility Cap Improve. --- 404-352-5-642-00 Pay from Water & Sewer Rev. Fund~--- 401-352-5-642-00 24,360.00 BOYNTON RESTAURANT SUPPLY INC. Stove and refrigerator for Fire Station 1 Pay from General Fund - 001-221-5-642-00 3,704.69 CH2M HILL Professional services for various task orders - see attached. Pay from Utility Cap Improve. --- 404-000-0-690-10 7,811.17 " " " " " 404-000-0-691-10 10,484.00 18,295.17 DADE PAPER COMPANY Cleaning supplies for Warehouse/COS. Pay from Warehou~Fund --- 501-199-5-925-02 5,851.15 DAVIS WATER & WASTE INDUSTRIES INC. Odor Control System Scrubber rental for 6 Lift Stations. Pay from Water & Sewer Rev Fund ---401-352-5-499-00 4,500.00 DIVERSIFIED DRILLING CORP. Periodical estimate #31 - Test/Production well program for period 3/1/90 - 3/28/90. Pay from Utility Cap Improve. --- 404-000-0-690-10 90,440.51 EASTMAN KODAK COMPANY March minimum billing and February usage billing. Pay from various departments. 1,448.62 ELECTRIC MOTORS OF PALM BEACH Repair of Pump #2. Pay from Golf Course Fund --- 411-726-5-390-02 2,114.43 F & E CHECK PROTECTOR CO --___._ ..~__.___~,476.00 Pay from General Fund --- 001-311-5-672-00 APPROVAL Deleted Frc~ Lis%- 12. 13. 14. 15. 16. 17. I8. FITCH ELECTRIC CORPORATION 1 wire control panel - 965.00 and service replacement for Lift station #408. Pay from Water & Sewer Rev Fund --- 401-352-5-433-00 1,736.00 FLORIDA DEPT. OF EMPLOYMENT SECURITY Self-Insurer assessment - 2nd quarter installment for period 1/16/90 - 4/i5/90. Pay from Self Insurance Fund --- 622-195-5-134-00 7,124.20 FLORIDA LEAGUE OF CITIES, INC. Final audit billing for 1988-89 fund year. Pay from Self Insurance Fund --- 622-195-5-442-00 9,377.00 GOLD COAST GYMNASTICS Instructor fees for athletics/winter gymnastics - 2nd session. Pay from General Fund ---001-721-5-469-00 1,320.00 H~S, OFFICE OF LABORATORY SERVICES Utilities-water testing laboratory renewal application. Pay from Water & Sewer Rev Fund --- 401-361-5-470-02 1,000.00 IBM Maintenance for computer system for month of April 1990. Pay from various departments. 1,189.39 IBM 2 PS/2 Model computers with accessories for Data Processing - 8,404.40. 2 PS/2 model computers and accessories for Fire department - 9,148.80. Pay from General Fund --- 001-133-5-646-00 " " " " 001-221-5-670-02 17,553.20 19. INACOMPCOMPUTER CENTERS 1,678.32 IBM laser printer and paper tray. Pay from General Fund --- 001-000-1-451-43 /z~ 20. WALTER H. KELLER, JR. INC. Preparation of the Coastal Management Conservation and Traffic Circulation Elements of the Comprehensive Plan - Inv. #1114. Pay from General FUnd --- 001-151-5-462-00 21. Z2. 23. MAHAFFEY TENT CO., INC. Tent rental for GALA 1990. Pay from General Fund --- 001-000-1-290-70 6,670.00 MASSACHUSETTS INDEMNITY & LIFE INSURANCE Insurance for 273 applicants - Fire testing at South Tech Educational Center. Pay from General Fund --- 001-135-5-470-16 1,092.00 MDH GRAPHIC SERVICES 1,107.00 Printing for April newsletter, oCOMMiSSiON Pay from General Fund --- 001-194-5-472-0 MAY I 11~0 APPROVAL Deleted Fr~ List- 24. MOTOROLA INC. 50 high capacity NI-CAD batteries for STX portable radios. Pay from General Fund --- 001-197-5-323-00 1,997.50 25. MOYLE, FLANIGAN, KATZ, FITZGERA3~ & SHEFfdAN, P.A. Representation thru 3/31/90 as Interim City Attorneys for City. Pay from General Fund --- 001-141-5-461-00 4,275.77 26. NIDY CO. Resurface 16 shuffleboard courts at Madsen Shuffleboard courts. Pay from General Fund --- 001-721-5-642-00 6,000.00 27. ROLM COMPANY Balance of CBX telephone system installation - Phase II Telephone system maint, fee for period 2/1/90 - 4/30/90. Pay from Public Svc Tax Constr. Fund--- 301-197-5-629-00 Pay from General Fund --- 001-197-5-433-00 9,856.79 59,665.29 49,808.50 28. SEPPALO & AHO Application #46 - Municipal Facility - Phase II. Pay from various departments. 179,536.44 29. 30. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD 245,468.00 Invoice 353, 355, and 357 for aeration tank covers effluent pump station - 84,677.26. Invoice 349 - capital assets 89-90 budget year - 14,209.00. User charges for the month of March - 146,581.74. Pay from Water & Sewer Rev Fund --- 401-353-5-490-09 Pay from Utility Cap Improve Fund --- 404-000-0-691-20 STANLEY CONSULTANTS OF FLORIDA INC. Value engineering study for west water treatment plant. Invoice #1 for period ending March 31, 1990. Pay from Utility Cap Improve. --- 404-000-0-690-10 31. STATE OF FLORIDA February 1990 billing cycle for Suncom telephone network. Pay from General Fund --- 001-197-5-471-00 1,074.27 32. WALLACE & TIERNAN Equipment and accessories for lime slaker system. Pay from Utility Cap Improve. --- 404-332-5-642-00 39,411.00 33. XEROX CORPORATION Full service maintenance for copier 3107 and copier 4000 for period 1/1/90 - 5/30/90. Pay from General Fund - 001-194-5-433-00 1,229.46 34. FITCH ELECTRIC CORP. 1,727.04 Emergency Service Replacement FPL relocating transformers gave no advance warning. Utility dept. only given complete project---1360.30. Also emergency repair an eld UIVIIVil;;:);DIU trical short at Lift Station #301---$366.74. Pay from Water & Sewer Rev---401-352-5-433-00 APPROVAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. cott Miller, City Manager COMMISSION MAY ! 1990 APPROVAL . Inv. # Task Order # Description Amount -415 03-436 03-437 03-454 03-459 03-465 03-513 13 10C 11 6 15 2B 14 Design and Construction of the deep injection well disposal system for reject water from the West Water Treatment Plant 1/25/90 - 2/24/90 $ 150.7~ Additional services for the design of the East $ 1203.2( Water Treatment Plant Improvements 1/25/90-2/24/90 Data Acquisition and Control System 1/25/90 - 2/24/90 $ 437.6] Containment Structure and Fuel Tank 1/25/90 - 2/24/90 $ 1259.7( Sanitary Sewage Pump Stations No. 310, 408, and 411 1/25/90 - 2/24/90 $ 9954.9~ Comprehensive Planning 1/25/90 - 2/24/90 $ 620.4% Feasibility Investigation and Conceptual Design of an Aquifer Storage Recovery Facility 1/25/90 - 2/24/90 $ 4668.4] Total = $18295.1] COMMiSSiON ?RoVAL ,FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHE; LOCAL PUBLIC OFFICERS Olenik, Jr. ~ Robert ~-D Crossings Circle Boynton Beach, Palm Beach 5-1-90 NAiME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE City ~c~mm~i ~qsJon THE BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMI~FEE ON WHICH I SERVE IS A UNIT ~ CIIY [: COUNTY ~ ~ OTHER lOCAL AGENCY NAME OF POLITICAl. SUBDI¥1SION: Boynton Beach iX ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of governm&nt on an appointed or elected board, council, commission, authority, or committee, h 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 appoint ve 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 112.3143, FLORIDA STATUTES L.~iCTED OFFICERS: : A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should:disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency'} by whom he is retained. A person holding an appointive local office otherwise ma3' participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE IvlEETING )kT WHICH T7 VOTE WILL BE TAKEN: * i should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~ec6rding 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. 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 responsible for recording the mil of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Robert Olen ik, Jr. , hereby disclose that on May 1 (a) A measure came or will come before my agency wh ch (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: · 1990 : , by whom l'am retained. A payment made to Motorola, Inc. was included for approval in CONSENT AGENDA, Item 6'Z~. Although I have no direct renumeration from the payments to Motorola, I am on their payroll at this time and this item is now being placed as public record to ensure no conflict of voting occurred. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 0985), A FAILURE TO MAKE ANY REQUIRi~i~~ 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. 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