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Minutes 12-05-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, DECEMBER 5, 1989 AT 6:00 P.M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Arline Weiner, Commissioner Lee Wische, Commissioner Sharon Randolph, Acting Interim City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. Following a moment of silent prayer, the Pledge of Allegiance was led by Commissioner Lee Wische. AGENDA APPROVAL Under "LEGAL, Other 7." Commissioner Wische wished to add discussion on Board Procedures. Acting Interim City Manager Randolph wished to add a Resolution recognizing Allan Nyquist. She noted there was also an addition of a payment to Seppala & Aho of $8,190.10. Relative to item 13 on the list of bills, the total of two items listed should be corrected to $244,627.92. Under "LEGAL, Other 8." Vice Mayor Olenik wished to add discussion on the noise situation at RumBottoms Restaurant. Under "LEGAL, Other 4. News Release - 11/27/89" City Attorney Rea wished to clarify that this referred to Firefighter Drug Testing and Labor Counsel. Commissioner Weiner moved to approve the Agenda as amended. Commissioner Wische seconded the motion which carried 4-0. Boynton Beach Mall - Sears Addition Mayor Moore announced this topic had been deferred to the December 19, 1989 Commission meeting. ANNOUNCEMENTS 1. Proclamation - National Child Passenger Safety Awareness Week - February 11 - 17, 1990 Mayor Moore said to consider this Proclamation adopted. 2. Set date for Special City Commission Meeting to accept nominatinq petitions A Special Commission Meeting was set for Friday, December 8, 1989 at 5:00 P.M. Vice Mayor Olenik would be in Orlando on that particular day. remarked he MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Presentation by Paul Levine, President of Village Royale on the Green Owners League to Police and Fire Departments Mr. Paul Levine addressed the Commission on behalf of Village Royale on the Green Owners League. Their organiza- tion wished to express appreciation to the Police and Fire Departments for outstanding service in their community. He noted petty crime had been reduced to a minimum in their neighborhood. Positive comments were made in particular about the Emergency Medical Services' quick response time and expertise. Two envelopes were presented to Ms. Randolph addressed to the two departments. II. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of November 21, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Printing quotation for Boynton Bulletin The Tabulation Committee recommends awarding the quote to the lowest quotation, Star Publishing of Boynton Beach, Florida for a base price of $5,010.00. 2. 40 Tons of Bulk Fertilizer for the Municipal Golf Course The Tabulation Committee recommends awarding the bid to the lowest bidder, Sunniland Corp, of Sanford, Florida in the amount of $9,920.00. 3. Ball Retrieval/Eight Lakes at Municipal Golf Course/Annual Contract The Tabulation Committee recommends awarding the bid to the highest bidder, Birdie Golf Ball Company of Margate, Florida in the amount of $7,200.00 payable to the City. A representative of International Golf, Inc. who missed being the highest bidder by a small amount, and who had been with the City since the inception of the Golf Course was present at the meeting. Brief comments were made by the representative regarding the $47 difference in bids which to him seemed negligible and the acceptable job their company had done for the City. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Motor Control Centers No. 1 & 2 at the Boynton Beach Water Treatment Plant The Tabulation Committee recommends awarding the bid to J. F. Hoff Electric of Tequesta, Florida in the amount of $283,980.00. C. Resolutions 1. Proposed Resolution No. 89-RRR Re: Adopting Sanitation Rates A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A SANITATION RATE SCHEDULE. Proposed Resolution No. 89-SSS Re: Support Constitutional Amendment No. Unfunded State Mandates 3 Limiting A RESOLUTION ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA URGING FLORIDA CITIZENS TO SUPPORT THE CONSTITUTIONAL AMENDMENT ~3 ON THE NOVEMBER, 1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES. D. Development Plans None. E. Consider approval of emergency request for repair - Backhoe %8061 As explained Nove~oer 30, City Manager, manufactured total entine in John Guidry, Director of Utilities' 1989 memorandum to _Ann Ton,y, former Interim approval is requested to purchase a re- engine with a full year of warranty for the cost of $5,300.00. F. Consider approval of request to transfer Lot 544 B, Block O, Boynton Beach Memorial Park Addition %1 Dorothy W. Strauss requests a transfer of Lot 544 B, Block O Boynton Beach Memorial Park Addition 91 from her mother, Martha C. Wesarg, who is deceased and was cremated and sent back north. G. Consider approval of request to purchase ice machine As explained in Joe Swan's November 13, 1989 memorandum to William Sullivan, Purchasing Director, the Utilities Dept. has requested permission to purchase an ice machine from Manitowic Equipment Work in the amount of $1,327.60. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Vice Mayor Olenik questioned the purchase of this ice machine which would be the second one purchased by the department since August, 1989. Mr. Swan explained this machine would serve the 60 employees who work at the Water Treatment Plant. The first machine serves employees in the Administration Building and Recreation and Parks. Comments were made about utilizing the first ice machine, capacity and justification for this purchase. The Commission chose to pull this item off the Agenda. Consider approval of request submitted by the Banana Boat to install their Christmas Display on the exterior of the restaurant Per Thomas Blum's November 16, 1989 letter to the City Manager, the Banana Boat requests permission to install their Christmas Display on the exterior of the restaurant. I. Approval of Bills See List attached to the original copy of these Minutes in the O~fice of the City Clerk. Vice Mayor Olenik remarked he would be abstaining from ~oting on item ~10. See Memorandum of Voting Conflict ~ttached to the original copy of these Minutes in the Office of the City Clerk. The Vice Mayor questioned payment 99 to Moore & Ellrich, P.A. Mayor Moore remarked that firm was working with Mr. Burman on Tradewinds. Vice Mayor Olenik moved to adopt the CONSENT AGENDA with the elxception of the ice machine bid (Item G). Commissioner ~einer seconded the motion which carried 4-0. III. BIDS None IV. PUBLIC HEARING NOne. V. PUBLIC AUDIENCE Mrs. Dee Zibelli, 440 Ocean Parkway, Boynton Beach requested the Commission take another look at the merger of the Public Works Dept. and the Engineering Dept. She commented usually you would merge the two departments if you had a large road program going on. Since most of our road programs are 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 either D.O.T. or County, she could see no reason why the departments should be merged, except for absolute control from the City Manager's point of view. She felt Mr. Eichorst was doing an excellent job. The Mayor shared her concern and remarked this would be the first item referred to the new City Manager, Mr. Miller, hopefully to resolve. Mr. Robert Walshak, 1601 N. Congress Ave., Boynton Beach addressed the Commission in connection with three topics: 1) In connection with the expanded Community Redevelopment Plan, he remarked that on February 2, 1989, the Planning and Zoning Board made a recommendation that the property directly across the street from City Hall should not be used as a Winn Dixie Shopping Center site. They would prefer to see professional buildings and auxiliary occupations that would work in co-relation with City Hall. Reference was made to a memorandum from Carmen Annunziato to the Commission which suggested the Board made no recommendation. The Commission decided to not address the issue--after the Board made its recommendation, until the plan was resub- mitted, which is currently happening. He wanted the Board's recommendation to be clear. 2) In connection with Ordinance 89-48, Mr. Walshak explained the Planning and Zoning Board had recommended the Ordinance be for "non-profit groups and profit-making organizations sponsored by non-profit groups." He explained why the Board did not think it was wise to open it up to profit-making organizations. He noted this was to be done for a specific purpose, namely, to allow non-profit organizations such as V.F.W., American Legion and the Dick Webber Child Abuse Center, etc., to conduct sales for their organizations. He hoped before the Ordinance is passed at this meeting, the Commission would remove the profit-making portion of the Ordinance. Comments were made about the Boynton GoA.L.A. Mr. Walshak noted the G.A.L.A. is sponsored by the City which is a non- profit sponsoring organization. Discussion ensued. The Mayor agreed with Mr. Walshak but recommended taking a look at it after this season. Before the Ordinance is passed on second reading at this meeting, Mr. Walshak recommended the Commission take a look at this and continue the policy set up initially, which was if a person met the criteria before the Ordinance is passed, it would be up to the Building Dept. to issue the license. 3) Mr. Walshak made comments about problems Colonial Club has with over density and their non-conforming use. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 They have had problems getting mortgage money and insurance° The problem was taken through the Planning & Zoning process. In the Comprehensive Plan, it was indicated that because these people are "grandfathered" in, they would be of a con- forming use. Now, Coastal Towers has a problem with height. They are five stories, therefore they are a non-conforming use. If the building is damaged over 70%, they cannot rebuild it. He did not feel this was fair to these citi- zens. He suggested the Commission promptly create an Ordinance, rather than attach them to the Central Business District for the height referendum. Mayor Moore remarked the City Attorney had been directed to find a solution for these citizens' problem. City Attorney Rea commented if the Commission wished, we could exempt Coastal Towers from the non-conforming struc- ture provisions of our Zoning Code. This could be done by Ordinance. The consensus was to draw up the Ordinance and bring it back to the Commission. Mayor Moore recognized the presence of J. Scott Miller in the audience and requested Mr. Miller join the Commission on the dias. The new City Manager was introduced to the audience. Former Mayor Nick Cassandra, 2554 S.W. 10th Court, Boynton Beach made comments in connection with the City Charter and stated he was concerned over a comment made by the City Attorney at the previous meeting that part of our referendum might not be valid and that some past referendums which have passed might not be valid. He noted you need two meetings and five weeks of advertising to get a referendum on a March election. He asked the Commission to consider directing the City Attorney to draft an Ordinance to make our referendum policy valid and that what has passed would become valid. The latest we have is a first reading in January. There is not that much time left to get this Ordinance together for the March election, but he thought we should. Technical discussion took place. City Attorney Rea remarked the referendum provision of the Charter itself may possibly have to be adopted by referendum. Mrs. Wilda Searcy, 402 N.E. 13th Avenue, Boynton Beach requested the reading of a letter she had recently written to the Mayor. The Mayor asked Betty Boroni, City Clerk to read the letter dated November 30, 1989. The letter is on ~ile in the City Clerk's office. The letter made reference to a November 13, 1989 meeting of citizens at the Wilson Center where Mr. Woodrow Hay was determined the choice of those present as a candidate for the Commission seat vacated by the death of Commissioner Ezell Hester, Jr. 397 persons 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 had expressed support for Mr. Hay on a Petition. She felt a January election was unnecessary in view of the facts. Mrs. Searcy also felt bringing a "factory center" to our community was an insult. She stated decent housing and better schools were more important. She requested black representation on the Commission. VI. DEVELOPMENT PLANS Project Name: Agent: Owner: Location: Description: Boynton Beach Mall - Sears Addition (Postponed to December 5, 1989) Cormac Conahan, Esq. Boynton-JCP Assoc., Ltd. - Lake Worth Drainage District North Congress Avenue at Old Boynton Road, northwest corner SITE PLAN MODIFICATIONS: Request for an amended site plan to allow for the addition of a 134,526 sq. ft. depart- ment store and a change in parking lot layout and design. As noted at the beginning of the meeting, this item has been deferred to the December 19, 1989 Commission meeting. The Mayor was disturbed and felt the developer was receiving discriminatory treatment by the Gold Coast Planning Council° The Vice Mayor agreed. Discussion ensued. Commissioner Wische understood they had agreed on a three-year plan and now Treasure Coast wants a five-year plan. Tim Cannon, Interim Planning Director indicated he would find out the facts for the Commission. The Vice Mayor couldn't understand why Treasure Coast was "changing the rules mid-stream", and felt the developer was "bending over back- wards" trying to accommodate their needs. The Mayor remarked they had turned the environmental problem around and had saved the five acres. VII. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 89-42 Re: Annexation - Agape Bible Church City Attorney Rea read proposed Ordinance No. 89-42 on second reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND TI~AT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. AS there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to adopt Ordinance No. 89-42 on second and final reading. Vice Mayor Olenik seconded the motion° A roll call vote was taken by Betty Boroni, City Clerk, as follows: Vice Mayor Olenik Commissioner Weiner Commiss~i~oner Wische Mayor Moore Aye Aye Aye Aye Motion carried 4-0. 2. Proposed Ordinance No. 89-43 Re: Land Use Amendment - Agape Bible Church, Inc. City Attorney Rea read proposed Ordinance No. 89-43 on second and final reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO GENERAL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Vice Mayor Olenik moved to adopt Ordinance No. 89-43 on second and final reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 4-0. 3. Proposed Ordinance No. 89-44 Re: Rezoning - Agape Bible Church City Attorney Rea read proposed Ordinance No. 89-44 on second and final reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WlqICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS C-4 (GENERAL COMMERCIAL); PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING PROVISION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to adopt proposed Ordinance No. 89-44 on second and final reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Weiner - Aye Commissioner Wische Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 4-0. 4. Proposed Ordinance No. 89-45 Re: Home Occupation Licenses City Attorney Rea read proposed Ordinance No. 89-45 on second and final reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A. ZONING. 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 SECTION 5. AND SECTION 11. AND APPENDIX B. PLANNED UNIT DEVELOPMENT. SECTION 7. TO ALLOW FOR HOME OCCUPATIONS IN ALL RESIDENTIAL ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY PROVISION OF APPENDIX A. AND APPENDIX B. NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to adopt proposed Ordinance No. 89-45 on second and final reading. Commissioner Weiner seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Weiner - Aye Motion carried 4-0. 5. Proposed Ordinance No. 89-46 Re: Environmental Regulation City Attorney Rea read proposed Ordinance No. 89-46 on second and final reading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 7.5 ENVIRONMENTAL REGULATION BY CREATING A NEW ARTICLE IV. ENVIRONMENTALLY SENSITIVE LANDS AND BY ADDING NEW SECTIONS 7.5-59 THROUGH 7.5-63; PROVIDING FOR THE PROTECTION AND PRESERVATION OF ENVIRONMENTALLY SENSITIVE LANDS; PROVIDING FOR AN ENVIRONMENTAL IMPACT ASSESSMENT PROCESS AND REGULATION OF DEVELOPMENT; PROVIDING FOR MITIGATION UNDER CERTAIN CIRCUMSTANCES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Olenik moved to adopt proposed Ordinance No. 89-46 on second and final reading. Commissioner Wische seconded the motion. A roll calI vote was taken by Betty Boroni, City Clerk as follows: 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Mayor Moore Aye Vice Mayor Olenik - Aye Commissioner Weiner Aye Commissioner Wische Aye Motion carried 4-0. Proposed Ordinance No. Re: Amending Chapter Conditions, Article I. 89-47 10 - Garbage, In General Trash and Offensive City Attorney Rea read proposed Ordinance No. 89-47 on second and final reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10. GARBAGE, TRASH AND OFFENSIVE CONDITIONS, ARTICLE I. IN GENERAL BY CREATING NEW SECTIONS 10--4 THROUGH 10-13; PROVIDING ABATEMENT PROCEDURES FOR LANDS FOUND TO BE A NUISANCE; PROVIDING INSPECTION OF LANDS TO DETERMINE VIOLATION; PROVIDING NOTICE OF VIOLATION REQUIRED; PROVIDING CON- TENT AND FORM OF NOTICE; PROVIDING FOR A HEARING; PROVIDING FOR ABATEMENT BY THE CITY AND NOTICE OF ESTIMATED COST; PROVIDING FOR ABATEMENT PROCEDURES; PRO- VIDING TF~T BIDDING kND CONTRACT PROVISIONS ARE PREEMP- TIVE; PROVIDING FOR ASSESSMENT OF COSTS, INTERESTS AND ATTORNEYS' FEES AND LIENS; PROVIDING FOR ENFORCEMENT OF ASSESSMENT; AND PROVIDING FOR PENALTY; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 10 NOT SPECIFICALLY HEREIN AMENDED 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. As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Olenik referred to a Code Enforcement Report which was on the Agenda several months back, which explained how Delray Beach handled Code Enforcement. He noted the topic had been tabled and was not discussed since that time. He felt the Commission needed to discuss this before passing this Ordinance. Discussion took place. City Attorney Rea remarked the Commission could close the PUBLIC HEARING and continue the matter as far as vote and discussion if they wished. The Mayor asked Scott Blasie, Code Enforcement Administrator how he felt about this proposed Ordinance. Mr. Btasie, Don Jaeger and Wilfred Hawkins approached the podium. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Mr. Hawkins stated he and Mr. Blasie had done some research and Mr. Hawkins had prepared the report, which compared the current system in Boynton Beach with the system used in Detray Beach. Mr. Hawkins explained the system used in Delray Beach and offered comments. Mr. Jaeger remarked Delray Beach is building up a con- siderable deficit every year in having to pay for their out- side contractual firm. Boynton Beach's Recreation & Parks Dept. is willing to cut between 50 to 75 lots per year and then the City could bill owners for the administrative costs and the costs of the cutting. Right now the City only has four lots that liens are pending on. He didn't perceive that there would be a problem with taking this before the Code Enforcement Board and having them give an order. Then the City could step in and cut the lot. City Attorney Rea commented a problem exists in that the Code Enforcement Board currently does not have the legal authority to tell the City to cut the lot. Technically, we have no authority right now to go on someone's property and mow the lawn and bill them. What this Ordinance does is adopt provisions similar to Delray Beach and the ones the City eliminated from its Code two years ago. There are options. Recreation & Parks could cut the lawn and bill them, ultimately imposing a lien on the property or we could contract it out, bill them and also put a lien on the par- cel, if need be. The ultimate problem is recouping the money. If the property is ever sold, that lien appears and we get paid off. Discussion took place. The question was raised as to whether this Ordinance covers due process under State law. City Attorney Rea responded this Ordinance does that very well. Mr. Hawkins recommended staying in-house with our own people doing the cutting, so as to maintain quality control. Mr. Rea remarked this Ordinance would allow for us to do the cutting or if we can't do it to contract it out. Mr. Charlie Frederick stated his department could handle between 50 to 75 lots a year. If the number of lots to mow increased noticably, they would have to buy more equipment, hire more people or contract it out. He was willing to try it. Mr. Frederick pointed out that sometimes cleaning up the lot might involve working with a bulldozer or other equipment and when we put a lien on the property it could be $350. Commissioner Weiner moved to adopt Ordinance No. 89-47 on second and final reading. Commissioner Wische seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk as follows: 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Vice Mayor Olenik - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Motion carried 4-0. 7. Proposed Ordinance No. 89-48 Re: Outdoor Retail Sales City Attorney Rea read proposed Ordinance No. 89-48 on second and final reading, by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING, SECTION 11. SUPPLEMENTAL REGULATIONS, TO ALLOW FOR OUTDOOR RETAIL SALES FOR PROFIT AND NOT FOR PROFIT ORGANIZATIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING. NOT SPECIFICALLY HEREIN AMENDED 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. As there was no input from the public for or against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 89-48 on second and final reading. Vice Mayor Olenik seconded the motion. Vice Mayor Olenik thought Mr. Walshak had brought up some good points earlier in the meeting. If a person in a van wanted to stop and sell merchandise at the corner of Congress Ave. and Boynton Beach Blvdo, he wondered if the City could refuse them if we pass this Ordinance. Mr. Rea responded negatively. The Vice Mayor asked if the Commission could refuse them simply because we don't par- ticularly care for what they are selling. Mr. Rea responded, "Probably not" and added that "black velvet Elvis paintings" would be allowable under this. Mr. Rea suggested the Commission vote this down and the Ordinance could be redrafted and the language changed to allow an event sponsored by a non-profit organization, such as the City sponsoring the G.A.L.A. Other comments were made about Christmas tree sales. Mr. Jaeger remarked he had issued them occupational licenses for this season. He now had criteria, such as insurance, etc. The Mayor asked what he recommended. Mr. Jaeger responded the original proposal 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 would satisfy the problem; that a non-profit organization sponsor it. Discussion took place on whether to table this item or vote it down. Mr. Rea remarked he needed to readvertise and he could redraft the Ordinance for the next meeting. The Vice Mayor noted the Commission had already directed the Building Dept., at least until we get an Ordinance adopted, to handle this. That will get us through this Christmas season. Vice Mayor Olenik moved for the rejection of proposed Ordinance 89-48 on second reading. Commissioner Wische seconded the motion which carried 4-0. B. Ordinances 1st Reading 1. Proposed Ordinance No. 89-49 Re: Approving ~ended Community Redevelopment Plan City Attorney Rea read proposed Ordinance 89-49 on first reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDED COMMUNITY REDEVELOPMENT PLAN FOR THE CITY'S EXPANDED REDEVELOPMENT AREA; FINDING THAT THE PLAN CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; PROVIDING AUTHORITY TO MODIFY OR AMEND SAID PLAN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Olenik moved for the adoption of proposed Ordinance No. 89-49 on first reading. Commissioner Weiner seconded the motion. The Vice Mayor asked if Johnnetta Broomfield could bring her charts and answer some questions at the next meeting. He is concerned about the parcel across from City Hall. The Mayor thought before this comes up for second reading, the new City Manager, Mr. Miller should have input. Since that is a sensitive point, Commissioner Weiner asked if there was any way that part of the Plan could be amended or deleted so the City could proceed with the rest of the Plan. The Vice Mayor thought that would be the Commission's prerogative. The Mayor repeated he wanted Mr. Miller's input before it is finalized. City Attorney Rea remarked that Mr. Miller's input on the Plan would be needed before January 1, 1990. If we don't adopt this by January 1, we lose another year in Tax Increment Financing. The Vice Mayor remarked we would need the input at the next meeting, 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 which would be the second reading. Mr. Miller indicated the Commission would receive his input. A roll call vote on the motion made earlier was taken by Betty Boroni, City Clerk as follows: Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 4-0. C. Resolutions Resolution No. 89-TTT Re: Contributions of Allan Nyquist to Community RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA, RECOGNIZING THE MANY CONTRIBUTIONS THAT ALLAN H. NYQUIST MADE TO THIS COMMUNITY. City Attorney Rea read the Resolution in its entirety. Vice Mayor Olenik moved to adopt Resolution 89-TTT. Commissioner Wische seconded the motion which carried 4-0. D. Other: 1· Emergency Medical Service Agreement - Town of Gulf Stream Previously TABLED The Commission chose to leave this item tabled. 2. Report on Newsletter Survey Previously TABLED Vice Mayor Olenik moved that this topic be removed from the table. Commissioner Weiner seconded the motion which carried 4-0. L~ura Widmer, Public Information Officer reported the League oz Women Voters had received approval from their Board of Directors to conduct a survey for the City in connection with the Newsletter. They have agreed to call about 1,000 phone numbers, tabulate their responses and report back to the City, for a $100 donation. A final report will be pro- vided the Commission at the first meeting in February. Ms. Widmer noted the Commission would be provided with a copy of the questionnaire to be used at the next meeting as well as a Contract. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Commissioner Weiner remarked that a City is made up of many different neighborhoods. The Newsletter is one thing that really links these communities together into one City. She would like to see the Newsletter continue regardless of the results of the survey. 3o Status of cases being handled by outside legal counsel for City of Boynton Beach City Attorney Rea had provided the Commission with a written report on the status of cases being handled by outside legal counsel. He had provided the first of the monthly updates. News Release - 11/27/89 Firefighter Drug Testing and Labor Counsel City Attorney Rea commented the News Release was the first official notice that the Legal Dept. received that any drug testing was going on in this City. Apparently outside legal counsel was contacted and provided information that a deci- sion was based on. Mr. Rea remarked his office would have suggested alternate means of handling the situation. He requested clarification from the Commission as to how out- side legal counsel will be used in the future. He thought it was preferable, prior to any discussions with outside labor counsel, that the employment related issues be pre- sented to his office for consideration. If they cannot be handled by his office, then the Legal Dept. could send them out to labor attorneys. The Vice Mayor felt it was an error in judgement in not notifying our in-house Legal Dept. of the situation. He felt our Legal Dept. needed to be informed of any poten- tially sensitive item. Mayor Moore remarked the situation was being handled quietly and effectively by the Fire Dept.*and he thought it could have been resolved simply. He felt staff had over-reacted. Mr. Rea elaborated on the testing process which continues and felt that the way the situation was handled results in exposure to the City. He said it would be a problem if any of the urine samples came back with false positives. He recommended the City get the analysis right now, bring it to a halt, destroy the urine samples and chalk this up as a bad experience. He had discussed this with the Firefighters' labor attorneys and if the Commission were to do this, they would recommend to their clients that the issue be dropped and no unfair labor practices be filed. Apparently, some non-Union employees were tested and we can't bind them to any "quid pro quo". 16 *Fire Dept. should be corrected to Police Dept. See 12/19/89 Cc~aission Minutes. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Mr. Rea noted the labor attorney was only privy to a little bit of information. One of the problems was to justify an emergency situation based on two ampules of morphine being missing. We have problems in that we also tested non-Union employees. The case law for non-Union employees is clear. If we don't have an individual suspicion that they were ingesting drugs, the Supreme Court has recently ruled that is totally arbitrary intrusion into privacy rights. The City Attorney stated "in theory" the non-Union employees were tested voluntarily. The Vice Mayor reported he sub- mitted to a drug test because he had ridden with the Fire Dept. This was totally voluntary on his part and he was not threatened. Other comments were made. Various Commissioners expressed their feelings on how this situation was handled and the possibility that stopping the results at this point might raise suspicion and cast doubt as to why the City stopped it. The Vice Mayor thought it would be wise to get the results back. He thought everyone was pretty confident the results would come back favorable to the Department. The other Commissioners agreed. 5. Selection of Assistant City Attorney Since the Commission had agreed to evaluate the performance of the City Attorneys office on January 16, 1990, Commissioner Weiner suggested this topic be tabled until that time. Commissioner Wische asked what selection of an Assistant City Attorney had to do with Mr. Rea's evaluation. Discussion took place relative to tabling the topic until after the January 16 evaluation. Vice Mayor Olenik seconded Commissioner Weiner's motion and the motion carried 3-1. Commissioner Wische voted against the motion. 6. Consider approval of Water Service Agreements within Tropical Terrace a) Valarie Lynn Stafford and William Parks b) William Andrew Saunders Lot ~179 Lot 929, 30 and 31 Vice Mayor Olenik moved to approve these Water Service Agreements. Commissioner Weiner seconded the motion which carried 4-0. Board Procedures Commissioner Wische referred to the Minutes of the most recent Board of Adjustment meeting. One of the Board mem- bers, due to a conflict of interest, chose to abstain from 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 voting on an issue. That member was released from the dias and an alternate properly substituted. After that, it was the Chairman's opinion that the regular member had to sit out the remainder of the evening and the alternate continued to vote. Commissioner Wische thought this was improper. City Attorney Rea stated the regular member would be stepping down just on that particular issue, but not for the entire meeting. Commissioner Wische thought it would be advisable for the City Attorney to send a memorandum to the Chairmen of all City Boards to this effect~ so that this does not happen again. 9. Tradewinds - Lake Boynton Homeowners Assoc. Mayor Moore reported the group including the Lake Boynton Homeowners Association, which he understood Gary Lehnertz is on, have appealed and were still obstructing the settlement of the Tradewinds matter. The Mayor wanted it clear that if they get involved or try to vote on anything having to do with Tradewinds, they should abstain as it is improper. 8. Noise Situation at RumBottoms Vice Mayor Olenik remarked that over the last few weeks he had received several phone calls to let him know there is a problem with noise levels at RumBottoms. He had met with residents of the N. Federal Hwy. area and almost 100 people had signed Petitions asking the City to do something about the situation. He thought the Commission should address this topic. The Vice Mayor asked what should be done when somebody complains. City Attorney Rea responded if the Police Officer was off of RumBottoms property, and could hear the noiset he could issue a citation. The Officer can be the Complainant himself, if he chooses. The penalty for that kind of citation is either a $500 fine or 60 days in jail or both~ Discussion ensued. It was noted that the first Notice to Appear (NTA) had been issued Saturday night, December 2, 1989. Deputy Police Chief DeLoach reported there had been 36 complaints from September 2, 1989 to December 2, 1989. Discussion ensued. Michael Kane~ 632 Las Palmas Park, Boynton Beach stated this situation has existed for six and a half years, under various ownerships. He felt the residents' rights had been violated. Pepper Kane had been cursed at and they have had things thrown at them by patrons driving down their street. Trees on his property have been hit by cars and a 200 lb. decorative pelican stolen from his lawn. He felt this 18 ~ · MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 amounted to reckless endangerment to both life and property. Police assistance had been helpful, but the problem persists. Major Dan Skofield, a Special Marshal residing at 637 Las Palmas Park, Boynton Beach stated he likes to be able to walk his blind dog at night, but this is unsafe when your street is used as a racetrack. He knew a solution could be found for this problem. Ms. Karen Watson a Commissioner in Ocean Ridge had been asked to come and represent the town. She also spoke on her own behalf as a private citizen residing on Island Drive in Ocean Ridge which is across the Intracoastal. She noted a group of citizens on her street had signed a Petition and agree this is a serious problem. Her two young sons had been awakened in the middle of the night, disoriented and thinking there was an earthquake because the house was vibrating. Her neighbors have been able to distinguish the words in the songs being played. Paul Nicoletti, Town Attorney for the Town of Ocean Ridg~ had written to Mr. Rea and requested vigorous enforcement of our Ordinance. He had discussed this with the owner, Mr. Zafferano who had indicated he would like to have a peaceful co-existence. Mr. Nicoletti had assured Mr. Zafferano that as far as the Town is concerned, they would do whatever is necessary to avoid the public nuisance. He encouraged the City to take whatever action it could to vigorously enforce the Ordinance. He believed the Town would intend to take what action it could, if the City was either unsuccessful or the problem was not resolved. Later into the discussion, Mr. Nicoletti pointed out that each time the Ordinance is violated it constitutes a separate offense. He didn't think it was enough to cite them once after two months of aggravation and wait for the Court to adjudicate that. The Town Commission requests vigorous enforcement and if there is a complaint or problem that they be cited repetitively until the noise pollution is abated. Joe Bruno addressed the Commission on behalf of Waters Edge Club. He made reference to the loud base from the sound system which causes his windows to vibrate. He related an experience where He and his wife had been harrassed on the street by patrons. Mr. Bruno pointed out that even since the recent renovation of the restaurant, the base sound con- tinues. He understood the City was paying 100% for the off- duty Police at RumBottoms and wondered why they couldn't monitor the noise level and take action. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, PLORIDA DECEMBER 5, 1989 Discussion ensued about whether the City was paying for the "rent-a-cops." The Mayor had heard there were some delinquent rent-a-cop payments and water bills. Grady Swann, Director of Finance reported RumBottoms had that very day taken care of all outstanding water bills and Police detail. Former Mayor Jim Warnke, 617 Lakeside Harbor, Boynton Beach made reference to the noise problem that has existed at this restaurant over the years, under various ownerships. He has called the Police many times and has filed a Complaint. The noise continues. He felt RumBottoms was a "pain in the bottom." Don Farren of Waters Edge asked if the Police could cite the restaurant immediately without any turndown notice. Mr. Rea responded affirmatively. Mr. Farren wondered if our Police were aware of that fact. Ms. Sam Bailey, 644 Las Palmas Park, Boynton Beach stated the noise doesn't end until about 4:30 A.M. She has lived there for 17 years and felt this is the worst it has ever been. She now has to take something to go to sleep every night. Her property value has gone down $60,000 in the last six years. She stated when the restaurant is cited, they simply pay the fine and the problem continues. Mr. Zaffarano~ owner of RumBottoms Restaurant apologized for the problems with the noise and explained they had recently remodeled the club. Part of the remodeling was to redesign the sound system where speakers have been relocated to con- tain the sound within the building. The doors now remain closed. Outside speakers have been shut off. Up until they were cited recently, he felt they were pretty much con- taining the noise. He stated they have no quanitative way of determining when they are exceeding the noise level. He indicated they were trying to do everything within their power to maintain the sound levels to a reasonable level. He asked people to listen and determine if there is a dif- ference now that the sound system has been changed. As far as automobiles and conduct of the people, he stated he had no control over that. Other remarks were made. Vice Mayor Olenik directed the Acting Interim City Manager to ensure that enforcement of our noise Ordinance is carried out at RumBottoms and anywhere where there is a problem. Commissioner Weiner seconded the motion which carried 4-0. 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 VIII. OLD BUSINESS A. Jarvis Wellfield Report on Remedial Work and Explanatory Aquifer Investigation John Guidry, Director of Utilities had requested this item remain on the table until December 19, 1989. B. Consider approval of Change Order ~23 - Seppala and Aho (Previously TABLED) C. Consider approval of Change Order %26 - Seppala and Aho (Previously TABLED) The Commission chose to leave these two items on the TABLE. D. Consider approval of Day Care Center playground proposal and purchase of stove Commissioner Weiner remarked she wished to add the purchase of the childrens cots to this. Discussion took place rela- tive to what was agreed upon at the last meeting. Commissioner Wische thought the Commission should address this topic and Commissioner Weiner should address the cots separately. Acting Interim City Manager Randolph indicated they were in the process of obtaining prices on the cots. Commissioner Wische moved to approve the Day Care Center playground proposal and the purchase of a stove. Commissioner Weiner seconded the motion which carried 4-0. Ms. Randolph will be providing the cost for the cots for the Commission. Commissioner Weiner noted there was also a previous request for the City to provide a trophy case, to be produced in- house° There was agreement. IX. NEW BUSINESS A. Items for Discussion requested by Mayor Gene Moore 1. Los Mangos - Australian Pine Tree Removal - FEC (Previously TABLED) This item was left on the table. 2. Follow-up Dick Webber Child Abuse Center matching grant from Palm Beach County The Mayor made brief comments on trying to pin Commissioner Ron Howard down on matching the City's $25,000 for this pro- ject. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 B. Items for Discussion requested by Vice Mayor Bob Olenik 1. Handicapped Parking Enforcement Craig Grabeel, Director of Management Services reported the consensus was that the Palm Beach County Sheriff's Dept. be requested to provide the parking enforcement services. The Vice Mayor noted Ellie Shuman works with the County in enforcing the use of handicapped stalls by non-handicapped vehicles. They have been empowered by the Sheriff's Dept. to issue citations. The Vice Mayor had brought this to staff and they had been working this out. If the County had no problem with coming into our jurisdiction, he thought it was a good idea. Mr. Grabeel remarked that Sergeant Scott Schumaker was present and he did indicate there was no problem making the request, but he could not guarantee that it would be honored. It would be the first time they had been requested to perform this function. There will be no additional cost but the proposal should be submitted to their staff. Mr. Grabeel will be coordinating that. The Mayor remarked to push this through administratively with either Mr. Rea or Ms. Randolph taking the lead in this. C. Items for Discussion requested by Commissioner Arline Weiner 1. Municipal Library Lobbying Effort Commissioner Weiner reported in order to move the lobbying effort forward to try to get State money into our municipal Library system, letters had been written to 72 other cities with municipal libraries not funded by the State. Those that do not respond will be followed up on, to try to form delegations for each County to lobby its own County dele- gation and then to make a lobbying effort in Tallahassee during the session. Since time is pressing, she requested a consensus from the Commission to continue this effort in order to try and unify the municipal libraries of the other 72 cities into one lobbying unit to try to bring State money into the system. All the Commissioners supported this. D. Code Enforcement preliminary operation report (Previously TABLED) The Vice Mayor thought the Commission may have taken care of this in view of the discussion earlier in the meeting with Mr. Hawkins, Mr. Jaeger and Mr. Blasie. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Consider cost sharing request for specific utility improvements - Woolbright Place - PUD No one was really sure what meeting proceeded. X. CITY MANAGER'S REPORT None. XI. ADMINISTRATIVE A. Draft administrative policy .jects under this was all about so the relative to building pro- $100,000 - Previously TABLED The Commission chose to leave this item TABLED. Consider replacement to fill alternate position on the Board of Adjustment - Term expires 4/90 - Appointment to be made by District II Commissioner - Previously TABLED This item remained TABLED. Co Consider replacement to fill alternate position on Planning & Zoning Board - Term expires 4/91 - Appointment to be made by Mayor Gene Moore The Mayor chose to hold off on this appointment. D. Personnel Department Study of proposed personnel re- classifications and upgrades in Utility Department Arthur Lee. Personnel Management Specialist addressed the report the Commission had received on this topic. He stated during the period when the City was reviewing the budget, no recommendations were made in connection with the Utilities Dept. One reason was because a number of reclassifications and upgrades were requested in that department. The City Manager's office as a result of that and constraints placed on the new personnel actions, directed the Personnel Dept to conduct a study on those reclassifications and upgrades. The report contained rationale and recommendations. He requested Commission approval. Acting Interim City Manager Randolph stated she concurred with this. Vice Mayor Olenik moved for the approval of the reclassification and upgrades study. Commissioner Weiner seconded the motion which carried 4-0. The Commission agreed this should be retroactive to when the other employees received their increases. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 E. Consider waiving permit fees - Fraternal Order of Polic~ Remarks were made as to whether this was a standard practice of this Commission or not. The Vice Mayor remarked he would be abstaining from voting on this item as he is a member of the Fraternal Order of Police. See Memorandum of Voting Conflict attached to the original copy of these Minutes in the Office of the City Clerk. Commissioner Wische moved to approve this item. Commissioner Weiner seconded the motion which carried 3-0. F. Consider personnel recommendations Acting Interim City Manager Randolph reported the Data Processing Dept. wished to change one Computer Operator position. Half of the employee's job was key-punching and half was running the computer. Mike Munro, Data Processing Director wishes to change this to a Programmer Analyst posi- tion as we are adding more in-house programs on the AS-400 and departments are taking the key-punching on. This comes with the recommendation of Personnel and amounts to a $3,000 difference. Ms. Randolph remarked that in Utility Billing traditionally we had a supervisor. There were three girls in the depart- ment~ Permission is now needed to level that department to three equal positions. The third change dealt with moving the Warehouse Supervisor position from grade 27 to 30. This should have been done previously. Vice Mayor Olenik moved to approve the recommendations of staff. Commissioner Wische seconded the motion which carried 4-0. Consider request Episcopal Church Simms Park submitted by St. Paul African Methodist to hold their annual carnival at Sara No representative was present from the Church. Olivia McLean, Risk Manager stated this had become an annual request from the Church. Last year the Commission chose not to allow this because of the liability exposure that would exist if this were held on City property. Comments were made about landlord liability exposure still existing with this type of high-risk activity. They have changed carnival companies and the company they have this year does have excellent insurance for $1,000,000 worth of coverage. They have agreed to name the City as an additional insured. Ms. McLean did not recommend allowing this on City property. Comments were made about alternative sites. 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 Charlie Frederick, Recreation and Parks Director pointed out the City had just spent $150,000 renovating Sara Simms Park and the facility gets substantial use already. A carnival would impact traffic and possibly result in damage from the tractor trailers and crowds. Ms. McLean remarked that once the new City Manager has come on board, Risk Management will be recommending a Special Events Ordinance that would address these problems in the future. The Commission chose to pass on this item. H. Discussion on three permanent appointments in City Manager's Office William Sullivan, Personnel Director referred to the Utility Study approved earlier in the meeting. He noted that would ordinarily be processed with the budget approval back in October. Because it had not been submitted to Personnel for review, the City Manager's Office requested it be studied, analyzed, etc. These changes in the City Manager's Office were made late in the summer. Mr. Sullivan understood memos had gone back and forth between the Commission and based on that he assumed everything was agreeable and that the Commission fully understood what was happening. Apparently, most Commissioners were under the impression these positions would be temporarily filled until such time as the permanent Manager came on board. At that point, we would act accor- dingly. Mr. Sullivan stated it would need Mr. Rea's input, but if there was a consensus of the Commission, we could amend the Ordinance because the Ordinance reflects that those changes would become permanent after six months of the adoption of the budget. To correct that you would have to amend the Ordinance to show that those positions are to remain tem- porary. If you leave the money there, you have to have some sort of a notation° The way it is right now, they follow the course that all the other departments have followed and that is when those positions are shown as upgrades or reclassifi- cations, the money is approved, it has been discussed at the workshops and it is a foregone conclusion that the Personnel Authorization forms will be processed with the adoption of the budget° Technical discussion took place between Commissioner Wische and Mr. Sullivan. Commissioner Wische referred to four department heads who had served in acting positions. Budgets were approved year in and year out. They weren't moved to permanent automatically. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOTfNTON BEACH, FLORIDA DECEMBER 5, 1989 Mr. Sullivan responded that was not really correct in this case and he referred to the summary sheet at the start of the City Manager's budget which showed certain classifica- tions that were in existence in last year's budget but which had been eliminated in this year's budget. That person had clearly moved from one slot to another slot. Other tech- nical remarks were made. A legal opinion was requested of Mr. Rea. Mr. Rea reiterated the individual changes as outlined on the cover sheet for the City Manager's Dept. Relative to reclassifi- cations, Mr. Rea stated this would be when you have an existing position filled by an employee and then based on newly defined duties or previously assigned duties, you reclassify the job. It's no longer the same position. In a promotion, the employee is taking a position that has already existed but has been vacated. Commissioner Wische thought the City should have extended the courtesy to the new City Manager of making these changes. Other remarks were made. Mr. Rea stated under the Charter provisions, the rightful body to really make this determination as to whether or not we have proper reclassifications or promotions is the Civil Service Board. If these are promotions, then they are improper. If they are reclassifications, then that's a dif- ferent story. Commissioner Wische thought changing someone from "acting" to "permanent" was a promotion. The consensus was to let Mr. Miller address this situation when he arrives. Commissioner Wische remarked that if Mr. Miller chooses to appoint the two people that are there now that would be fine, but it would be his decision. Consider request for funding for Martin Luther King, Jr. Celebration, January 14 and 15, 1990 - Presentation by Veoletta Wright, Chairperson, Martin Luther King, Jr. Celebration Committee Ms. Veoletta Wright, 332 N.E. 13th Avenue, Boynton Beach explained this year the Committee was planning an awards reception and gospel music. All Boynton Beach residents are invited. The Committee requested Commission financial sup- port in the amount of $800 for expenses related to bringing the gospel choir to town and for the Civic Center. Vice Mayor Olenik noted that in the Holiday Parade some entries were sponsored by large companies such as the Palm Beach Post and the Sun Sentinel. He supported this event 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1989 whole-heartedly but would like for people to ask organiza- tions out in the community first. If no one else can sup- port the program the City could be approached. He hated for the City to always be "the first stop." Ms. Wright made remarks about contact she had made with the Chamber of Commerce. Commissioner Weiner moved to approve the request. Commissioner Wische seconded the motion which carried 4-0. ADJOURNMENT The meeting properly adjourned at 8:15 CITY Mayor - - CommiSsioner ATTEST: Recording Secretary (Three Tapes) Commissioner 27 AGENDA December 5, 1989 10. AIR COMPRESSOR WORKS, INC. 1 Kaiser Model SX-6 5HP-3 Phase Compressor, Refrigerated Dryer and Air Receiver 200 gallon vertical per Bid 074-401. Pay from Water & Sewer Rev---401-332-5-642-00 Per bid 8/3/89, Cormnission approved 8/15/89 $ 6,543.20 BETTER BUSINESS FORMS 10,900 Occupational License Mailers. Pay from General Fund---001-133-5-312-00 1,886.84 THE CENTER FOR FAMILY SERVICES Employee Assistance Program - 11/1/89. Pay from General Fund---001-135-5-482-00 1,250.20 CURLEY PUBLISHING INC. Prepayment on Large Print Book Subscription for 1 year for Library. Pay from General Fund---001-711-5-661-00 1,577.84 DIVERSIFIED DRILLING CORPORATION Periodical Est. #26 - Test Production Well Program for period 9/23/89 thru 10/27/89. Pay from Utility Capital Improve.---404-000-0-690-tO 202,380.55 EASTMAN KODAk( COMPANY IBM Series III Model 70 Copier - Sept. Usage Billing-S1657.72 and Contract Renewal effective 10/1/89 - 9/30/90 for $196.00. Pay from various departments. 1,853.72 ITT A-C Pump Replacement Pump Parts for Lift Station 317. Pay from Water & Sewer Rev---401-352-5-433-00 Commission approved 8/1/89 1,753.07 MDH GRAPHIC SERVICES Printing of December Newsletter - 26M copies. Pay from General Fund---001-194-5-472-00 1,107.00 MOORE & ELLRICH, P.A. Professional services rendered - Tradewinds Expert Witness Fee 10/1/89 thru 10/27/89. Pay from General Fund---001-141-5-468-00 2,000.00 MOTOROLA, INC. 1,463.00 Inv. S6483761 for quarterly billing (10/1/89 to 1/14/90) for equipment out of warranty being added to service contract. Pay from General Fund---001-197-5-431-00 COMMISSION DEC ,5 1989 APPROVAL 11. 13. 14. 15. 16. 17. 18. 19. PROFESSIONAL ADMINISTRATORS, INC. Reimbursement for Worker's Compensation claims for balance of October - $8190.33 and first half November - $4583.79. Pay from Self Insurer's Fund---622-195-5-134-00 12,774.12 SLAWSON, BURMAN & CRITTON Professional services rendered - Representation of City re: Tradewinds - 10/16/89 thru 11/15/89. Pay from General Fund-~-001-141-5-461-00 17,583.31 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for month of December, 1988 - $118,075.38 and month of October, 1989 - $126,552.59. Pay from Water & Sewer Rev---401-353-5-490-09 244,627.92 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Inv. #320 - Toxicity Legislation - $3,899.20. Pay from Utility General Fund---403-000-0-691-20 3,899.20 SOUTR FLORIDA MACK TRUCKS, INC. 1 New 1990 Diesel powered Mack Truck per bid specifications for Water Supply. Pay from Vehicle Service Fund---501-193-5-681-00 63,915.00 URBAN DESIGN STUDIO Professional services rendered re: Tradewinds - Expert Witness Fee from 10/1/89 thru 10/27/89. Pay from General Fund---001-141-5-468-00 3,635.55 CH2M HILL, SOUTHEAST FLORIDA OFFICE 73,276.20 Inv. #10-481 - $18,314.52 (T.O. #10B) Final design East W.T.P. Inv. #10-431 - $ 462.12 (T.O.#6) Containment Structure & Fuel Tank. Inv. #10-434 - $15,819.62 (T.O. #13) Deep Injection Well Disposal System - West W.T.P. Inv. #10-449 - $ 4,962.64 (T.O. #11) Data Acquisition & Control System Inv. #10-471 - $ 3,279.63 (T.O. #2B) Comprehensive Planning Inv. #10-472 - $ 1,103.42 (T.O. #5B) Ozone Pilot Testing & uprating of W.T.P. Inv. #10-480 - $29,334.25 (T.O. #10) Design of East W.T.P.tmprovements Pay from Utility Capital Improvement. FLORIDA SERVICE ENGINEERS, INC. Partial payment #2 - P.O. 79007 - Replacement of Healy-Ruff Drive Equipment at LS #309 & #317 w/Variable Frequency Drives. Payment from Water & Sewer Rev---401-352-5-642-00 35,972.00 GEO TEC, INC. For Boynton Beach Abandoned Landfill. Inv. #0844 - dated 6/2/89 - $3,960.00 Inv. #1331 - dated 11/16/89 - $5,940.00 Pay from Sanitation Fund---431-341-5-962-00 9,900.00 COMMISSION DEC 5 1989 APPROVAL 20. 21. WALTER H. KELLER JR.,INC. 1,875.00 Printing of the Comp. Plan and supporting documents Volume 1 & 2. Pay from General Fund---001-151-5-462-00 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Boynton Beach Landfill: Evaluation of groundwater monitoring data and coordination of construction of additional monitoring wells. Inv. #9 from 12/1/88 thru 6/30/89 -- $25,678.10 Inv. #11 from 8/1/89 thru 8/31/89 -- $27,775.11 Inv. #12 from 9/1/89 thru 9/30/89 -- $14,381.55 Inv. #13 Destructive Liner Testing - $ 5,825.00 Pay from Sanitation Fund---431-341-534-962-00 73,659.76 Thest bills have been approved and verified by the department heads involved, checked and approved for payment. G~ctor I therefore recommend payment of these b ills. Sharon Randolph, Interim City Manager Added the following: Seppala & Aho Application ~39 for City of B.B. Municipal Complex Phase II. $8,190.10 COMMISSION DEC 1989 APPI~OVAI. ..- FORM 8B MEIViORANDUM OF VOTING CONFLICT FOR COUNTY, iViUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--.MIDOLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 01~r,~k. Robert .T~' City Commission MAILING ADDRESS c '~ THE BOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON 9-D Crossings Circle WHICH I SERVE IS A UNIT OF: COUN'FY NAIME OF POLITICAL SUBDIVISION: Boynton Beach, Palm Beach DATE ON WHICH VOI'E OCCURRED Boynton Beach December 5, 1989 MY POSITION IS: LX ELECTIVE [] APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee· It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, udder Sectiml 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. · ~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ~ {CTED OFFICERS: A person holding elective count); 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 iD 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, municipa, 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 ageDcy) by whom he is retained. A person holding an appointive local office otherwise ma)' participate in a matter in which he has a conflict of interest, but must disclose the nature of th,e ¢0nf ct before making any attempt to influence the decision by oral or written communication, whether made by the of~ficer o.r at his di~;~cti6~i~ . ' i IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH TJ-J;E VOTE WILL BE TAKEN: ~ ~u should complete and file this form (before making any attempt to influence the decision) with the person responsible for ..~ cording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided imFnediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE IF 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 afler the vote occurs with the person responsible for recording the m?*' of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Robert Olenik, Jr. , hereby disclose that on December 5, (a) A measure came or will come before my agency which (check one) inured to my special private gain; or .: inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , 19.. 89 : · by whom I am retained. A payment made to Motorola, Inc. my employer, was inclnded for approval in CONSENT AGENDA, Item -~ - /O Although I have no direct renumeration from the payment to Motorola, this item is now being placed as public record to ensure no conflict of voting occurred. I have also abstained from voting in connection with XI. ADMINISTRATIVE, Item E., as I am a member of the Fraternal Order of Police. Date Filed Signature '~ I' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANdY REQUIR ---I DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:r[ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION INI SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. / PAGE2