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Minutes 10-17-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, OCTOBER 17, 1989 AT 6:00 P. M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Lee Wische, Commissioner George Hunt, Interim City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P. M. After a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Mayor Gene Moore. AGENDA APPROVAL Under "NEW BUSINESS", Commissioner Wische added "G. Nomin- ation to County Planning Board" and "H. Discussion on Date for Workshop Meeting with Utilities Director on Contract Negotiations". Commissioner Wische requested that "E. Civil Service Board's Special Sub-Committee Report - Vincent Finizio" under "ADMINISTRATIVE" be moved up on the agenda so that it would follow the "CONSENT AGENDA". Following that report, he wanted to hear the Tribunal's report. Commissioner Hester moved to adopt the agenda as amended, seconded by Commissioner Wische. Motion carried 4-0. ANNOUNCEMENTS 1. Proclamations a) Red Ribbon Week - October 22 - 29, 1989 b) Veterans Day - November 11, 1989 c) Beth Tikvah Day - Manor Care - October 17, d) Boynton Womans Club 1989 Mayor Moore signed the Proclamations, and copies will be sent to the appropriate parties. Presentation by Comcast Cable Television Re: System Rebuild Mr. Hunt believed this was put on the agenda in error, and this item was DELETED from the agenda. 3. Special City Commission Meeting to interview candidates to select City Manager, Saturday, November 11, 1989 at 9:00 A. M., Commission Chambers, City Hall Vice Mayor Olenik had a conflict with the morning of - 1 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 November llth. Mayor Moore suggested this item be deferred until the Commission decided what procedure they would follow. (See page 42 of these minutes for continuation of this item.) CONSENT AGENDA A. Minutes 1oRegul~r City Commission Meeting Minutes of October 3, 1989 B. Bids - Recommend Approval - All expenditures are approved in the 1988-89 Adopted Budget None. C. Resolutions 1. Proposed Resolution No. 89-AAA Re: Bond Reduction Executive Estates (South of Miner Road - East side of Lawrence Road '~A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND FOR EXECUTIVE ESTATES, A P.U.D. IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" e Proposed Resolution No. 89-BBB Re: Bond Reduction Citrus Trail (South of Road - East side of Lawrence Road) Miner '~A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND FOR CITRUS TRAIL, ~ P.U.D. IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" Proposed Resolution No. 89-CCC Re: Franchise Transfer of National Cable Communications, Inc. to National Cable, Ltd. "~A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE NON- EXCLUSIVE LICENSE PREVIOUSLY GRANTED TO NATIONAL CABLE COMMUNICATIONS, INC. TO OPERATE A COMMUNITY ANTENNA TELE- VISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH, FLORIDA, TO NATIONAL CABLE, LTD.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" D. DEVELOPMENT PLANS 1. Project Name: Meadows 300, Tract E, "Meadows Park" Agent: Edward J. Schwab - 2 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Owner: Location: Description: The Wilshire Corporation West side of North Congress Avenue, South of Hypoluxo SITE PLANS: Request for approval of an entry wall sign The Planning and Zoning (P&Z) Board unanimously recommended approval of this request, subject to staff comments. 2. Project Name: Agent: Owner: Location: Legal Description: Description: Quail Lake Apartments Brenda H. Arnold, Kilday & Associates Robert V. Jones Corp. South Congress Avenue at Golf Road, northwest corner Plat of Quail Lake lying in the NE¼ of Sec. 31, Twp. 45 S., Rge. 43 E., as recorded in Plat Book 40, pages 47 and 48, Public Records of Palm Beach County, Florida. Total area = 11.74 acres SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for changes in buildings and the recreational amenities The P&Z Board unanimously recommended approval of this request, subject to staff comments. E. Consider approval of repair authorization for vehicle ~98 (Rear Loading Garbage Compactor) By memo dated September 28, 1989, Carel Fisher, Assistant Director of Public Works requested emergency approval to proceed with repairs and parts purchases to augment expedient replacement of the subject vehicle. F. Consider approval of Change Orders ~24 & 25 - Seppala & Aho Bill DeBeck, Project Manager, in correspondence addressed to George Hunt, Interim City Manager, requested approval of Change Order ~24 in the amount of $4,319.29 and Change Order ~25 in the sum of $15,000.00. George Hunt, Interim City Manager, asked that Change Order ~25 be deleted. It looked to Mayor Moore like the City was getting back into the syndrome of field orders being approved without prior consent, and they result in Change Orders. Mr. Hunt explained that Change Order ~24 was approved a month ago. It was a field order made in the field. Mayor Moore was not happy with that procedure. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Commissioner Wische inquired what happened to Change Order 923. Mr. Hunt answered that the City is still negotiating with the contractor on Change Order ~23. G. Consider approval to purchase one Polysonic ultrasonic doppler-type flow meter - Jamaica Bay John Guidry, Director of Utilities, had explained the need for this meter in his memo of September 21, 1989. The meter will be purchased from Red Associates, Inc., Pompano Beach, Florida, and is part of the City's reimbursable agreement with Jamaica Bay for inclusion in the City's sewer system. Mr. Guidry informed Vice Mayor Olenik that the City is just buying one meter. Recommend disposition of ice machine - Utilities Dept. In his memo of September 14, 1989 to Mr. Hunt, Mr. Guidry advised that the machine was beyond economic repair and has been replaced. The Fraternal Order of Eagles has requested that the machine be donated to them. I. Consider approval to erect temporary signs a) Boynton Woman's Club Tom Corcoran, Planning Chairman, Boynton Woman's Club Historic Preservation Foundation, Inc., by letter dated October 11, 1989, was seeking approval of a banner sign, 18'x2', to be secured to the club's second story bannister. It will be placed upon approval by the Commission to announce the Club's "Open House" for 80 years of community service and will be removed October 28th. b) Palm Beach Leisureville Community Association, Inc. Jeanne F. Creighton, Office Manager of the Association, in her letter of October 5, 1989, requested permission to display six 44"x48" signs informing people of their Annual Bazaar to be held November 4, 1989. c) Boynton Leisureville The locations of the 3'x3' signs advertising the Annual Fair of the Association on November 18th were shown in the letter dated October 4, 1989 from Wilbur J. Lynch, the Association's President. d) Holiday Mart Banner at the Woman's Club Mayor Moore stated this request was the same as "a) Boynton Woman's Club" above. - 4 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 J. Consider approval to renew service contract - Medical Electronic Equipment Physio Control By memo dated October 12th, William Sullivan, Purchasing Director, concurred with the Fire Department's request to renew this contract. Vice Mayor Olenik questioned whether the City had to go out to bid on this. Ed Allen, Fire Chief, replied that it could not go out for bid, and he explained~ K. Consider approval of lien appeals Wilfred Hawkins, Assistant to the City Manager, in memoran- dums to'the Commission dated October 13, 1989, wrote that the City Staff made the following recommendations with regard to the lien appeals listed below: 1. William Hines for Margaret Hines 1627 N. E. 2nd Street Case ~89-1149 As Mr. Hines intends to sell the property, a reduction of the lien from $17,638.12 to $352.76 to cover administrative costs was recommended. 2. H. Daughtry 133 N. W. 5th Court Case ~89-1234 Mr. Daughtry complied on September 5, 1989. A reduction of the lien from $11,503.12 to $345.00 to cover administrative costs was recommended. 3. Tony Anderson Vacant lot on N. Case ~89-344 E. 12th Avenue The violation was corrected within the allotted time, but the necessary reinspection was not recorded. Hence, the property remained in violation. Staff recommended releasing the lien of $39,616.54 with no administrative charge. 4. Frank Ferreira 318 Glen Arbor Terrace Case ~88-1912 Mr. Ferreira was out of the country and returned to find a lien of $45,952.13. Staff recommended a reduction of the lien to $919.00 to cover administrative costs. - 5 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 L. Consider approval of contingency transfer to cover advertising for City Manager position The Transfer Request dated October 13, 1989 submitted by the City Manager's Office to the Finance Department explained the transfer. Mayor Moore asked if transportation costs were included for the final applicants. Mr. Hunt replied that it just covered the previous advertising. Mayor Moore said they should make a note to consider that later. M. Contract for Service between The Greater Boynton Beach Chamber of Commerce and the City of Boynton Beach The contract stated the sum of $16,500 shall be disbursed to the Chamber in equal monthly installmnts of $1,375. The term of the agreement shall be one year, commencing October 1, 1989 and ending September 30, 1990. N. Consider approval of new Telephone Enhancement System - Golf Course The Purchasing Director concurred with Joe Sciortino, Golf Course Manager, that ABM Automatic Business Machines, West Palm Beach, is the sole source for this system, which was described in the package submitted by Mr. Sciortino with his memo of October 4, 1989. O. Consider approval of Golf Cart "Phase Replacement" Club Car The Purchasing Department recommended the purchase of 15 golf carts for $34,806 from Club Car, Inc., Stuart, Florida, sole source distributor. P. Approval of Bills See list attached to the original copy of these minutes in the Office of the City Clerk. Mayor Moore called attention to bill ~2, "Allen Insurance Company". It was his understanding that there was a submission by Allen Insurance Company of $250,000 for a two year contract for Workers Compensation insurance. This bill was $130,669 for a semi-annual payment per the contract. Mayor Moore also questioned why this was not done on a competitive bid. He was told quotes were obtained, and he wanted a copy of the quotes and a copy of the specifications. Mayor Moore was told the other quotes could not be found. Mr. Hunt responded that a written report will be provided to the Commission. MINUTES - REGULAR CITY COMMISSION BO~NTON BEACH, FLORIDA OCTOBER 17, 1989 Mayor Moore questioned bill 915, "Walter H. Keller, Jr., Inc." for expert witness services in the amount of $3,292.46. City Attorney Rea answered that Walter Keller was doing the traffic study for the Morey's litigation. Mr. Hunt informed Mayor Moore that bill ~20, "Newsbank" was for software. Mayor Moore informed the public the Attorneys' fee for defending the City in the Tradewinds matter last month was $19,415.Sl. Mayor Moore noted Paul Turk, Jr., P. A., who processed the Morey's eminent domain litigation had bill ~33 for $8,030. He stated he would not vote for the approval of that bill and would make a statement later on that point. Vice Mayor Otenik moved to approve the Consent Agenda, seconded by Commissioner Hester. The motion carried 4-0 with the exception of "C. Resolutions, 1, Resolution No. 89-AAA", "2, Resolution No. 89-BBB," Bill #33 under "Approval of Bills", (Mayor Moore abstained from voting on these items, as reflected in Memorandum of Voting Conflict attached to the original copy of these Minutes in the Office of the City Clerk) and Bill 918 under "Approval of Bills". (Vice Mayor Olenik abstained from voting on Bill ~18. See Memorandum of Voting Conflict attached to the original copy of these minutes in the Office of the City Clerk. ADMINISTRATIVE E. Civil Service Board's Special Sub-Committee Report - Vincent Finizio Arnold Fasano, Member of the Civil Service Board, represented the Sub-Committee. The two most important items that troubled the Civil Service Board were the pro and con allegations being made and the questions raised by Members of the Board about its jurisdiction. After examining the allegations being made, the Board felt it would be in the best interest of all parties if they could seek a solution without a formal investigation. That was when the Special Committee of three Members was approved by the Board to hold a meeting with Mr. Finizio and other interested parties to consider a possible solution to the matter. If fully investigated, Mr. Fasano personally felt the sub- ject matter would result in sundry types of litigation that would cause great expense for all parties concerned. In all types of litigation, Mr. Fasano said those pro, those contrary, and the truth should be addressed. The Civil - 7 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Service Board felt it found a solution that would be fair to the City and Mr. Finizio. Mr. Fasano asked the Commission to approve the recommendations of the Board, which had been previously submitted to the Commission. Mayor Moore expressed the Commission's appreciation of the hard work the Sub-Committee consisting of Arnold Fasano, Denys "Sam" DeLong, and Norman Gregory did. Vice Mayor Olenik stated that the entire issue was a staff issue, governed by the Civil Service guidelines, and the Commission was expressly prohibited from making decisions on promotions or terminations of people falling under the Civil Service Rules. He thought the Commission would be over- stepping its bounds if they made a motion to agree with and carry out the Sub-Committee's report. Vice Mayor Olenik felt the Commission would be getting itself in deep trouble if they began to meddle in the Civil Service procedures and overstepped their bounds as an elected body in the City. Mayor Moore pointed out that this was not a recommendation of the Sub-Committee. It was a recommendation of the entire Civil Service Board, and he thought they had the authority to investigate anything having to do with the merit system and make recommendations. Vice Mayor Olenik did not believe the Commission had the authority to promote, demote, or terminate any employee of the City of Boynton Beach with the exception of the City Attorney and the City Manager. Mayor Moore asked if Vice Mayor Olenik would suggest a legal proceeding before the Civil Service Board. He wondered if Vice Mayor Olenik was aware that for the past year, Mr. Finizio has been assigned to counting light bulbs on light poles and wires in the sewers. Vice Mayor Olenik understood Mr. Finizio went before the Grievance Board, and something was flawed in the Grievance Board. He asked why they could not have a proper Grievance Board and have Mr. Finizio go through it. The Grievance Board should be used because, as he read the Civil Service Regulations, any suspension for less than five days should not come before the Civil Service Board. Mr. Finizio was suspended for 1/2 a day. City Attorney Rea advised that two basic issues were involved. One was the 1/2 day suspension on the reasons before the Commission, and part of it was the makeup of the Grievance Committee. The other issue involved in the matter Mr. Finizio brought to the Civil Service Board dealt with "allegations of abuses within the Civil Service system". - 8 - MINUTES - REGULAR CITY COM/~ISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 City Attorney Rea stated that the Grievance Board was acting improperly at the time. He explained that in 1987, Resolution 87-A was passed° The Civil Service Rules were amended to have the Grievance Committee. The Grievance Committee was to have elections where the employees would elect Members approximately every two years. That Committee would be in full force and effect until the next Committee was elected. City Attorney Rea said one of the classic legal documents under Employment Law is that the employees function under the rules upon which they receive notice. Even though that provision of the Civil Service Rules was amended in 1987, it was not placed into the Civil Service Rules Handbook, and none of the employees were provided with notice that the Resolution was adopted. Technically, the Grievance Board was hearing the case when they were not legally capable of doing so. City Attorney Rea said the other issue pertaining to the Grievance Board hearing dealt with the material the Grievance Board received in evaluating the grievance. Under the Rules, the Employees Grievance Committee makes the deter- mination upon the employee's written grievance and the docu- mentation as prepared through the disciplinary process. This time, however, the Grievance Committee asked for addi- tional explanations in writing from both parties, which is contrary to the Rules. It amounted to a justification of a disciplinary process after the documents and the foundation had been laid forth, which was inappropriate under the Grievance Committee process. The other issue discussed by the Civil Service Board was the allegations made by Mr. Finizio with regard to abuses of the Civil Service system, as far as the current conditions of employees within the City, specifically with this case. City Attorney Rea informed the Commission there was a lot of debate as to whether the Civil Service Board could hear such an issue (especially after a 1/2 day suspension), or whether they could make an investigation under Sec. 72.7 (a) of the Charter. City Attorney Rea read paragraph (a) and said the Civil Service Board investigated what were alleged to be abuses of the Civil Service system. Vice Mayor Olenik asked whether the Sub-Committee heard representatives from the City. He inquired whether they talked to the Personnel Director or Mr. Finizio's superiors before making the recommendations. Norman Gregory, Vice Chairman of the Civil Service Board and Member of the Sub- Committee, answered that the Sub-Committee did not interview - 9 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 any Staff Members. However, substantial documentation reviewed during the discussion of the Civil Service Board was taken into consideration as being the position of the City administration. Vice Mayor Olenik questioned why more time was spent by the Board on Mr. Finizio's side. He could not believe the Civil Service Board was making a recommendation to the Commission on taking action on an employee when they had not heard both sides of the story. The Sub-Committee set up expressly to handle this situation did not interview or talk to the Personnel Director or Mr. Finizio's superiors. Vice Mayor Olenik thought it was ludicrous for the Civil Service Board to ask the Commission to accept its recommendations based on that. Motion Commissioner Wische moved to accept the Sub-Committee's report and the Civil Service Board's recommendation: That Mr. Finizio should receive back pay for any time lost resulting from his suspension and that all records be expunged beginning with the effective date of May 17, 1989. That since Mr. Finizio was the senior employee of his department and was in fact acting in the capacity of Deputy Engineer prior to the dispute, and further being qualified for the position, that Mr. Finizio be promoted to the position classified as "Deputy City Engineer" with permanent status of Grade 37 and Step 4. 3. That Mr. Finizio be reinstated to full membership on all Boards previously held; specifically: a. The Technical Review Board b. The Environmental Review Board c. Safety Board That the status of "Public Employees' Restrictive Sick Leave", as applied to Mr. Finizio and all other employees, be consistent with that of other Civil Service units within the City of Boynton Beach and that Mr. Finizio be relieved of "Restrictive Sick Leave" status and further that he be restored to the performance of his normal duties. That Mr. Finizio execute a general release form to the City of Boynton Beach and all agents and employees of the City releasing them from any and all claims he may have against said parties. - 10 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Mayor Moore passed the gavel to Vice Mayor Olenik and seconded the motion. Commissioner Hester had been hearing about this case for a year or more, and he asked whether Mr. Finizio went personally before the Civil Service Board. Mr. Fasano confirmed Mayor Moore's understanding that the Sub-Committee made its report to the Civil Service Board, and the Civil Service Board made the recommendation which was encompassed in the motion. City Attorney Rea informed Commissioner Hester that the Civil Service Board had the right to make a report and recommendations to the City Commission. The City Commission could accept or reject the recommendations. E. Roger Kuver, 234 S. E. 26th Avenue, employed by the City as an Engineering Inspector II, was disturbed by the news- paper reports he read that a fact finding study was made and the promotion of Mr. Finizio to the head of the department he works for was recommended. Mr. Kuver stated that he was representing 1/3rd of the department, and they are eagerly anticipating the naming of a City Engineer. Mr. Kuver apprised the Commission that Mr. Finizio has been an Engineering Inspector II the same amount of time he has, and they have shared responsibilities. No one from his department has ever been interviewed or asked in any form for input as to the responsibilities, actions, behavior, or any other pertinent facts about Mr. Finizio's situation. Mr. Kuver received calls from contractors, developers, and engineers, who are outraged by this. Mr. Kuver begged the Commission to openly investigate this, if they are really looking for facts. He stated the department will welcome an investigation by anyone concerned. Mr. Kuver did not want to read about the facts in a newspaper. The City of Boynton Beach has been misquoted and maligned in the newspaper. Mr. Kuver was not contacted by anyone. Mr. Kuver stated the people in the Engineering Department unanimously agreed to express their disapproval of the pro- motion of Mr. Finizio to the position of Deputy City Engineer. He did not believe Mr. Finizio was qualified for the position. Ken Hall, 110 S. E. 3rd Avenue, a City employee, felt, like Mr. Kuver, that more explanation was needed in this case. He did not think all of the things had come to light. Mr. Hall has worked in the Engineering Department as an Aide for over - 11 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 two years and wished to discuss two rumors. The first was that perhaps the people in the Engineering Department had something to do with Mr. Finizio being transferred out and that somehow an employee within the department had something to do with the transfer. Mr. Hall stated that was entirely false. Mr. Hall continued by saying Mr. Finizio is very aggressive. He thought Mr. Finizio so badly wanted the job Bill Flushing had before leaving the City that it became an obsession with him to obtain it. It got so bad that Mr. Finizio became physically sick, secretive, and denied the Department infor- mation. Mr. Finizio did not want the Department to get involved in any form or fashion in the engineering procedures and principles in the day to day operations. Mr. Hall stated two of the basic reasons Mr. Finizio was transferred from the department were because he was violating the chain of command as far as his memorandums to different officials within the City, and he was causing a disruption between the three people in the Department. They became anxiety ridden and were visibly sick themselves. Mr. Finizio was transferred out so there would be harmony within the department. Mr. Hall explained. Another rumor Mr. Hall heard was that as of tonight, Mr. Finizio would be promoted to the position of Deputy Engineer, which position he did not have at the time he was in the Engineering Department. Mr. Finizio was an Engineering Inspector, Grade 28. Mr. Hall did not mind anyone being aggressive and pursuing a career, but when the person seems to go against the same Civil Service actions he, himself, does not think is operating right, it is not in the City's best interest to promote that sort of action. Mr. Hall thought possibly Mr. Finizio was being awarded this job because of the information and the action he took that might have prohibited the previous City Manager from appoint- ing Med Kopczynski as Building Official. Mr. Finizio sent a memorandum to the Personnel Department demanding that he "be given the job of Deputy Building Official," on the same basis as former City Manager Cheney was going to give the Building Official job to Mr. Kopczynski. In his letter to the Personnel Director, Mr. Finizio stated unequivocally that he wanted the job. Mr. Hall further referred to Mr. Kopczynski and stated he did not agree with the way the City Manager was going to give anybody any job. He thought it was to the detriment of the City, and the City's best interests are not served when anybody (Building Official, Engineering Inspector, or anyone) is promoted to a job when - 12 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 the job has not been advertised within the Civil Service system and without advertising outside of the City. Mr. Hall has seen the City go through a lot of political upheavals, and it hurts him to see the City get bad reviews in the paper. He suggested perhaps there should be an Employee Ombudsman. Mayor Moore informed him there is an Ombudsman. There were comments about the promotion, and Mr. Hall pointed out that Mr. Finizio was not acting in the role o~ Deputy City Engineer. Commissioner Wische read paragraph 2 of his motion and asked whether Mr. Finizio was acting as Deputy Engineer prior to the discipline. Mr. Hunt answered that Mr. Finizio was not. Mr. Finizio was Engineering Inspector II. Commissioner Hester thought Mr. Finizio should be returned to the position he held when this matter came up. Mayor Moore agreed. Amendment to Motion Commissioner Wische amended paragraph 2 of his motion to read, "That Mr. Finizio be returned to his former position of Engineering Inspector II." Mayor Moore seconded the amendment to the motion. If Mr. Finizio was as disruptive as Mr. Hall said he was, Mayor Moore wondered why Mr. Finizio was not discharged. Mr. Hall replied that was something he could not answer. Mayor Moore asked if Mr. Hall would like to count light bulbs on light poles and wires in the sewer. Mr. Hall did not agree with some of the City's actions either. He felt a lot of people were being moved up into places without the bene- fit of other people having an opportunity to go for a job, and he explained. Mr. Hall referred to lower paying jobs being advertised and stated he thought Civil Service was to give people equal opportunities for any job in the City. Mayor Moore responded that is the basic thrust of the Civil Service philosophy, but the City Commission cannot act upon it until abuses are brought to its attention. Vice Mayor Olenik asked whether the City Commission was asking the City Manager to do what the Sub-Committee requested or if the City Commission was doing it on its own. Since this was administrative, Commissioner Wische thought it was understood the Commission was mandating the City Manager to fulfill its mandate. Vice Mayor Olenik reiterated that they were tredding on thin ice by getting involved in promotions, termination, or any activities of employees within the City employed under the Civil Service guidelines. There was discussion. - 13 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Vice Mayor Olenik called for a vote on mandating the City City Manager to reinstate Vincent Finizio per the Sub-Committee's report with the exception Of his being made Deputy Engineer (as shown by the Amendment to Motion above). The motion carried 3-1. Vice Mayor Olenik voted against the motion. Vice Mayor Olenik asked Mr. Hunt when he would be mandating the motion and amendment to the motion. Mr. Hunt answered that he would institute the changes with the amendment to Engineering Inspector II tomorrow (October 18, 1989). Mayor Moore asked if the Commission wanted a continuing investigation into this. Although Vice Mayor Olenik would have liked to have heard the other side of the case, it seemed moot at this point. Mr. Fasano noted the motion did not address investigating the issues resulting from the meeting held October 5, 1989. Mayor Moore replied they would be addressed at a later date. E. ANNOUNCEMENTS a) Red Ribbon Week - October 22-29, 1989 Mayor Moore noted the presence of people dressed as clowns in the audience and was informed they were from the Telephone Pioneers of America. The City's Police Department is working with the Dare Program and will be handing out red ribbons and stickers with the words, "Say No to Drugs". The Telephone Pioneers will be distributing them to all of the public schools in Palm Beach County Report on the Commission Appointed Tribunal Regarding the Municipal Projects Copies of the report were distributed to the Commission. Mr. Harold Blanchette, Member of the P&Z Board, read his letter dated October 17, 1989, which was addressed to the City Commission. A copy of said letter is attached to the original copy of these minutes in the Office of the City Clerk as "Addendum A". In response to questioning by Commissioner Wische, Bernard Rubin, a Member of the Tribunal and Internal Auditor, reported that a contract was issued to Miller, Meier, Kenyon & Cooper, Architects (MMK). The contract provided certain basic services. One of the basic services was called "contract administration", which would require the presence of an Architect or representatives on the job to administer the contract and/or the availability of the Architect. - 14 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 According to the contract, the Architect's fee was based on a percentage of the construction costs. Mr. Rubin said the Architect in this case chose to collect the balance of his fee after the schematic design fees were collected over an 18 month period rather than receiving his fee based on a percentage of completion of the project. The 18 month period ended April 5, 1989. On April 5, 1989, Mr. Rubin said MMK received its full fee, as called for under the contract. The construction portion of the contract was not completed and still needed the construction administration of the Architect. According to the contract, those services have to be furnished until such time as the final bill from the construction company is presented. The final bill is not yet due. Mr. Rubin understood from Mr. Hunt that he (Hunt) and Peter Cheney, the City Manager at that time, came to an agreement with the Architect that the Architect would continue to furnish construction administration subsequent to April 5, 1989 at a cost of approximately $7,600 per month. That fee was paid for approximately four or five months. Mr. Rubin stopped payment of the sixth check on Friday, October 13, 1989 because he felt it was a fee which was not in accordance with the contract. It was additional services over the requirements of the contract. This a~ternoon (October 17, 1989), in completion of the reconciliation of all of the architectural fees, Mr. Rubin ran across another situation. The contract is a standard A.I.A. contract in which certain basic services are furnished by the Architect and certain services are excluded. One of the services specifically excluded in the contract was interior design services, which the City uses. However, the contract has an asterik next to the provision for interior design services and specifically states that the services will be included as part of the basic services. Mr. Rubin questioned why the City paid $106,000 in interior design services when, as he read the contract, the services should have been furnished at no cost. One other thing about the architectural invoices which Mr. Rubin thought was unusual was that every architectural bill went directly to the City Manager's Office. It was never reviewed by any technical body. The Project Manager never saw the bill. At all times the bill was approved by the Assistant City Manager, and then it went to the Finance Department where, according to the Finance Director, it was - 15 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 automatically paid without any reference to the contract. This happened over a course of a little over four years at a cost of approximately $900,000. Just before this meeting started, Mr. Rubin spoke with the Architect, and the Architect did not agree with Mr. Rubin's stand on either the construction and administrative costs. The Architect felt they should be paid over and above the contract. The Architect also felt the interior design services were of a different nature than what was called for in the contract. Mr. Rubin stated he read what was in the contract and what the Architect billed the City for. As far as he was concerned, every one of those bills was an over- payment. It amounted to $106,000 with respect to the interior design services and $38,000 with respect to the contract administrative services. Mayor Moore asked if there was any indication that the payments of $7,600 per month were ever approved by the City Commission. Mr. Rubin understood the invoices were lumped together with many other invoices that were brought to the City Commission every two weeks for approval. He did not think they were specifically brought out to the City Commission. When Mr. Rubin spoke to Mr. Hunt, Mr. Hunt recalled Former City Manager Cheney did not bring this to the attention of the City Commission. Mayor Moore asked if the Commission wished to take action at this time on the report of the Tribunal. Commissioner ~ester thought they should study the report more and not take any action. Vice Mayor Olenik questioned whether they were going to discuss the charges made by Mr. Rubin. He hated to bring up one side of the issue and not hear the other side. Mayor Moore passed the gavel to Vice Mayor Olenik and moved that the architectural firm of Miller, Meier, Kenyon & Cooper be discharged and get off of any jobs the City has. He further moved that the City retain legal counsel to look into filing a malpractice suit against Miller, Meier, Kenyon & Cooper. The motion died for lack of a second. Mayor Moore told the Commission that from now on, they would have to live with it. If they do not take any action, the City could go down in bankruptcy because of what is going on. Commissioner Wische pointed out that the contract is still good, and the architectural firm still has not fulfilled all of the obligations of the contract. Discharging them would not do any good. Mayor Moore again referred to the amount of money in overruns. 16 - MI~NUTES - REGULAR CITY COMMISSION BOY'TON BEACH, FLORIDA OCTOBER 17, 1989 Vice Mayor Olenik wanted to hear a response from Mr. Hunt and the Architect. Jordan Miller, Architect, was in the audience, He did not believe the report given to the Commission was accurate. Mayor Moore thought the way to hear about the inappropriate invoices was to ask the State Attorney General to start an investigation. There was disagreement between Mayor Moore and Vice Mayor Olenik. Mr. Hunt stated that invoices for interior design came before probably four City Commissions on at least four separate occasions, including the $115,660 for the interior design of Miller, Meier, Kenyon & Cooper. All four Commissions passed the project unanimously, including this Commission as recently as June of this year. Mr. Hunt was not sure what else the City Staff was supposed to do. They brought the project as a whole to the Commission and brought it to the Commission with the payment of bills. Mr. Hunt offered to give the Commission any other checks and balances ~hey wanted to see. Mr. Hunt thought Former Mayor Nick Cassandra would confirm ~hat four different City Commissions looked at and approved ~his program. He apprised Mr. Rubin that the program is on page 89 of the Capital Improvements Program and was adopted 7-0 by the Planning and Zoning Board and 5-0 by this Commission. Three comments were made about the program, and they were all accolades. Mr. Hunt commented that the bad part was that $35,000 was a continuation of the architectural payments which Former City Manager Cheney came into an agreement with the Architects on, based on their interpretation of the contract. He wanted the Architects to explain how they arrived at that interpretation. Commissioner Wische had been on the City Commission since April 1st and did not recall this. Grady Swann, Finance Director, confirmed that the first payment was made May 1st. Mr. Rubin responded that he was well aware of the Capital Improvements Program and was not questioning the program. 5e was questioning the payments of the contract. Mr. Rubin emphasized that the only contract the City had with Miller, Meier, Kenyon & Cooper was the one he just read from. If the Commission approved additional architectural fees, he was sure they were not aware those architectural services were available to them free, without any further cost, under their original contract. Jordan Miller, Architect, Miller, Meier, Kenyon, & Cooper, Architects & Engineers, Inc., West Palm Beach, Florida, thought it was important to understand the facts. Their - 17 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 contract called for periodic supervision during construction. Their firm spent considerably more time than was called for in the contract in protecting the City in its contract with Seppala & Aho. Unfortunately, the Contractor who won the contract via a public bid did not finish on time. Mr. Miller said his firm's fees for supervision were created by taking what was allocated for construction services and dividing it by the 18 months originally contracted for with Seppala & Aho. When it was obvious that the Contractor was not fulfilling his obligation, it was determined that Mr. Miller's firm had to continue working on the premises. Miller, Meier, Kenyon, & Cooper agreed to do the additional supervision at the same fee per month they were receiving during the original construction. That represents roughly 120 hours of their work per month. Mr. Miller said his firm's books indicate that they spend anywhere from 300 to 400 hours per month monitoring the project. He did not consider that move on their part. It was a part A letter was sent that spelled out additional services and the amount an exceptionally wise of the original agreement. the need for these Miller, Meier, Kenyon, & Cooper were to receive. They have billed the City each month and the City has paid each month since the additional burden was created. Mr. Miller stated a portion of the contract talks about services for the project, based on a Contractor's inability to complete his work on time. Craig Kenyon, of Miller, Meier, Kenyon, & Cooper, said the question of interior design services asked for by the City in excess of the original contract came up about a year after they started their design of the project. There was a request for their office to consider all of the existing furnishings and all of the many existing municipal buildings and City Hall in Boynton Beach for reuse in the new facilities versus buying new. Mr. Kenyon explained the inventory of the furniture, the cost appraisals of its reuse versus buying new, and the influx of $106,000 to his firm's budget for the purchase of equipment. For that service, they were asked to quote a fee. The fee was negotiated and approved by Mr. Hunt and Former City Manager Cheney, and invoices were sent for the fee, and Miller, Meier, Kenyon, & Cooper were paid for the fee. Mr. Hunt added that it was also approved by the City Commission. Mayor Moore asked if this was in Mr. Hunt answered a~firmatively. Mr. Hunt had the minutes on that. would get them. addition to the contract. Mayor Moore asked if Mr. Hunt replied that he Mayor Moore noted the Architects said the payments he was contesting were agreed upon earlier this year, along with - 18 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 supervision of the project. The agreement was reached with Former City Manager Cheney, who resigned in August, 1989. Mayor Moore asked if the architectural firm ever did govern- ment work before. Mr. Miller answered that they have done considerable City work. Mayor Moore asked if Mr. Miller felt the City Commission had the last say or if his firm was proceeding because Former City Manager Cheney told them to proceed. He remarked to Mr. Hunt that things were done and field orders were given. Then, relying on the City Staff's recommendations to pay bills, they come through as Change Orders after the work has been done. Mayor Moore did not recall calling for specific on site inspections. If Mr. Hunt had the minutes, he would take his word for it. Mr. Miller believed that at a very early stage, they were told their communications should be with the City Manager. Mayor Moore wanted to be sure the City Commission approved it. Mr. Hunt recalled that at the meetings, Former City Manager Cheney intended to charge the additional costs the City incurred for the Architects back in damages because of the lateness of the project. Mayor Moore determined it was Former City Manager Cheney's position that the City would not have to absorb those costs, but the City did upon recommendations of the City Staff. Mr. Hunt confirmed that was correct. It sounded inconsistent to Mayor Moore. PUBLIC HEARING Milnor Corporation vs. City of Boynton Beach Settlement Proposal Former Mayor Nick Cassandra, 2554 S. W. 10th Court, had a Stipulation and Settlement Agreement, and he strongly recommended that the Commission not change it. Mayor Moore commended everyone involved for compromising. (See "Addendum C" attached to the original copy of these minutes in the Office of the City Clerk. Mo%ion Commissioner Hester moved, seconded by Vice Mayor Olenik, to accept the Stipulation and Settlement Agreement. Vice Mayor Olenik recommended that the whole south parcel be an Adult Congregat~ Living Facility (ACLF). He still did not like the idea of going through a Stipulation and Settlement Agreement, and he pointed out that it was already zoned for an ACLF. Robert A. Eisen, Attorney for Milnor Corporation et al, Suite 103, Corporate Plaza, 4700 N. W. Boca Raton Boulevard, Boca Raton, FL 33431, advised that the last paragraph of the - 19 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Stipulation was revised to state they would hold off filing it with the Court until they go through all of the procedures with the City. That was an attempt to accommodate the City's desire for them to go through all of the regular City procedures. Mayor Moore referred to repeated statements that the City Commission "caved in" to blackmail. He stated that any individual property owner has the right to go to the Courts to seek relief if he thinks a governmental body is depriving him of his constitutional rights. When that happens, the jurisdiction of the City falls under the jurisdiction of the Courts. Mayor Moore agreed with City Attorney Rea that at that juncture, the City could have received worse than it did. He further explained. Amendment to Motion City Attorney Rea asked for a specific motion, authorizing him to sign the Stipulation and Settlement Agreement. This was included in Commissioner Hester's motion. A vote was taken on the motion, and the motion carried 4-0. BIDS A. Knuckle Boom Crane TABLED Mayor Moore requested that this be left on the table. Mr. Hunt stated that the second low bidder filed a complaint. LEGAL D. Other 6. Morey's Discussion City Attorney Rea thought everyone on the Commission received a copy of the signed Order. The Judge ruled that the City failed to notice the South Florida Water Management District (SFWMD) pursuant to Sec. 373 of the Florida Statutes. That notice was construed to be in favor of the property owner, and the City was knocked out of Court without prejudice. To get back into Court, the City will be required to notify the SFWMD that it is thinking of condemning. Secondly, the City must readopt the Resolution of condemnation and then file the lawsuit. Mayor Moore noted the City had been involved in this for two years and will probably be paying in excess of $1,000,000 for nine parking spaces. The City did not get the issue of - 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 whether or not the taking under those circumstances would be for public purposes. If they had gotten to that issue, Mayor Moore thought the City would be knocked out permanently on that issue. He was concerned because the City had been wrestling with this with an acknowledged expert in the field of condemnation, who did not read the Statute and file the required affidavit. Therefore, he totally failed the case. Mayor Moore commented that so far the City spent $23,000 in Attorney's fees and proved nothing. He asked if the $8,000 he voted against tonight was included in the $23,000. Mr. Hunt answered affirmatively. Mayor Moore passed the gavel to Vice Mayor Olenik and moved to discontinue any pursuit of litigation in Morey's and to sue the Attorney of record for malpractice and the $23,000 he was paid for doing nothing for the City. Commissioner Wische seconded the motion. City Attorney Rea requested that the issues be addressed individually. He had no problem with relieving Attorney Turk of his duties but he suggested suing Attorney Turk for malpractice would be inappropriate. City Attorney Rea had discussions with Attorneys who do condemnation law, and they ignore notifying the SFWMD. He thought it happened in this case because it came up in a Water Management case recently. Motion Mayor Moore moved that the City discontinue any pursuit of this litigation. Commissioner Wische seconded the motion. Commissioner Hester asked if there would be further legal fees if the City refiles. City Attorney Rea answered that there would be additional legal fees on both sides. Mayor Moore wanted the Commission to understand the City would be paying the Appraisers and legal fees on both sides. The damage assessment has not been completed. City Attorney Rea referred Vice Mayor Olenik to the Judge's Order and explained what the City would be required to do. Mayor Moore summarized that the City would have to start all over again. City Attorney Rea further explained the procedure the City would have to follow. He stated that discovery to prepare a trial is the most expensive part of litigation. Much of the discovery has been concluded, but he could not say more discovery would not be necessary. City Attorney Rea also did not know how much more money would be required to be spent. There was discussion about what would happen if the City wins, what would happen if the City loses, and whether any Attorneys would take the case on a contingency basis. - 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Vice Mayor Olenik asked whether City Attorney Rea could take the case. City Attorney Rea explained that condemna- tion is a specialty area in the law and requires special expertise. If he represented a private client, he would decline to take the case. City Attorney Rea elaborated. H. Adams Weaver, Attorney for Morey's, 505 South Flagler Drive, West Palm Beach, Florida, advised that what the City was talking about putting on the property was only seven parking spaces, six of which were under sized boat trailer parking spaces. Every other boat parking space in Boat Ramp Park is filled up to the entrance on U. S. 1. Their Traffic Engineers will justify it is a traffic hazard. The City Planners did the best they could with a given situation. Attorney Weaver stated Morey's has hired expert Land Planners experienced in park designs, who indicated a price even less than the City's appraisal, which is two years old and has to be updated. The City would have to redesign Boat Ramp Park and bring in another 42 usable parking spaces, not take away any of the picnic areas or recreational facilities and have a lot more boat trailer parking spaces that would be a reasonable size. Attorney Weaver said this was a well intended neighborhood request that came before the City Commission in the Fall of 1987 because the neighborhood did not like Morey's. It is not a public purpose when somebody's private property is taken. Attorney Weaver emphasized that Morey's will fight this to the end. He thought the City's funds would be better expended by designing the park. He noted "Consider- ation of the property south of RumsBottoms" was on tonight's agenda and he presumed that would be a water oriented ~ecreational facility. He thought additional boat ramps and parking could be put there. Attorney Weaver continued by saying every expert in this case, including experts for the cities, have testified under oath that the taking of this property will not relieve the boat trailer parking on U. S. 1. The City's own experts have said that in Court. On behalf of his client, Attorney Weaver asked that the Commission end this tonight. A vote was taken on the motion to end the lawsuit, and the motion carried 3-1. Vice Mayor 01enik voted against the motion. Mayor Moore again moved that the City try to get back the $23,000 paid to Paul A. Turk, Jr., P. A. for doing nothing for the City. The motion died for lack of a second. - 22 - MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA OCTOBER 17, 1989 8. Report on property south of RumBottoms City Attorney Rea advised that the City is specifically prohibited from using this property for anything other than public park purposes. Once the City is using it for a public park, then the City can have it for incidental uses. Mr. Hunt left the dais, and A/~n Toney, Acting Assistant City Manager, took his place. Vice Mayor Olenik apprised the Commission that a couple of weeks ago, RumBottoms asked Mr. Hunt if they could use the parking lot at the Royal Palm Clubhouse for overflow parking. He did not think Mr. Hunt had a problem with this, and he did not think the Commission would have had a problem with it. However, Vice Mayor Olenik went by on a Saturday evening and found RumBottoms' valets were charging people $5.00 to park in a City owned parking lot. He could not understand how the valets could do this without the owner's knowledge. John Zaffarano, 300 Alexander Palm, Boca Raton, Owner of RumBottoms, responded that the valets in his employ provide free valet parking services. However, various businesses around his are charging anywhere from $5.00 to $20.00 for vehicles to park on their properties. Vice Mayor Olenik again related what he saw and questioned whether Mr. Zaffarano was disputing what he saw. Mr. Zaffarano replied that he would look into the situation. He asked if the person Vice Mayor Olenik saw was wearing anything to identify him with RumBottoms. Vice Mayor Olenik did not see that. There was discussion about individuals charging people to park on RumBottoms lot and other lots. Vice Mayor Olenik asked whether the Police could monitor the Royal Palm lot as well as the City's lot south of RumBottoms to be sure no vehicles are parking there for the loading and unloading of boating vehicles. Miss Toney replied that an Officer will be in that area. Mayor Moore referred to "No Parking" signs being posted. Vice Mayor Olenik thought they should be sure the "No Trespassing" signs are not removed by individuals. Miss Toney answered that the City will make an effort to patrol the area. Mr. Zaffarano said the City is concerned about making sure the accesses to the City's property are blocked. There are two accesses on Federal Highway which are open. On Friday and Saturday evenings, although no parking signs are posted, 20 or 30 vehicles a night are towed off of the property. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 After further comments, Mr. Zaffarano informed the Commission that the signs the City installed are still intact. Mayor Moore told Mr. Zaffarano the City was unable to negotiate with him. He personally did not like "No Trespassing" signs on public property. PUBLIC HEARING Project Name: Agent: Owner: Location: Legal Description: Description: Quail Lake West Frank E. Wyatt Robert V. Jones Corp. South Congress Avenue at northwest corner Golf Road, A parcel of land being a portion of the Plat of Quail Lake, as recorded in Plat Book 40, pages 47 and 48, Public Records of Palm Beach County, Florida ABANDONMENT: Request for the abandonment of a special purpose utility easement Project Name: Agent: Owner: Location: Legal Description: Description: Boulevard Manor Nursing Home Vasant Bhide, Bhide & Hall Architects, P.A. Vari-Care, Inc. West side of South Seacrest Boulevard, south of S. E. 26th Avenue A 3' strip lying immediately south of and adjacent to the N. 208.44 feet of the E½ of Lot 19, Sec. 33, Twp. 45 South, Rge. 43 East, as per plat thereof recorded in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida ABANDONMENT: Request for the abandonment of a special purpose utility easement Jim Golden, Senior Planner, stated that these abandonment requests came to the Commission with a recommendation of approval from the City Staff and the Planning and Zoning (P&Z) Board, subject to staff comments. Mayor Moore asked if anyone in the audience had any input with regard to the request of Quail Lake West or Boulevard Manor Nursing Home. There was no response. THE PUBLIC HEARINGS ON THESE TWO REQUESTS WERE CLOSED. Motion re Quail Lake West Vice Mayor Olenik moved to approve the request for abandon- ment of Quail Lake West. Commissioner Hester seconded the motion, and the motion carried 4-0. 24 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Motion re Boulevard Manor Nursing Home Vice Mayor Olenik moved to approve the request for abandon- ment of Boulevard Manor Nursing Home. Commissioner Hester seconded the motion, and the motion carried 4-0. Project Name: Agent: Owners: Location: Legal Description: Description: Agape Bible Church, Inc. Rev. Arnold Thompson Terri C. Hausman and Andrew R. Hausman East side of Old Dixie Highway, north of Gulfstream Boulevard Lot 47, "Amended Plat of Trade Wind Estates", according to the Plat thereof recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida LAND USE ELEMENT AMENDMENT/REZONING: Request to show annexed as "General Commercial" and to rezone from CG (General Commercial) to C-4 (General Commercial) to allow for the establish- ment of a church and future Conditional Use approval for a day care center Mr. Golden made the presentation and said the church is proposing to annex this property to the General Commercial and C-4 zoning category for the purpose of placing a church on the site and future conditional use approval for a day care center. The Planning Department and P&Z Board recommended approval, subject to staff comments. Mayor Moore asked if the church would not be authorized in the R-1AA zone. Mr. Golden answered affirmatively and explained that the Future Land Use Element provides for that to be in C-4. He explained that with a day care center, the applicant would not be able to put it in a single family zone. It would require conditional use approval. Mr. Golden further explained. Commissioner Hester moved to approve the request, seconded by Commissioner Wische. Motion carried 4-0. Mr. Hunt returned to the dais. PUBLIC AUDIENCE Quality Construction Roger L. Hudspeth, Sr., President of Palm Coast Building Trades, and Business Representative for the Sheetmetal Workers, said tonight he came into a facility he was told was to be completed in April. Several problems the City, - 25 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 County, and State have is that they try to take low bids. When people are put on construction sites without the proper education, people will get hurt. Mr. Hudspeth expounded about low bids, contractors who cannot complete jobs, and jobs that are not what people paid for. Mr. Hudspeth said the language Palm Coast Building Trades proposed will defray the shoddy construction in facilities today. He referred to the City facilities. He left the proposed language with the Commission and asked that they put into their specifications that "all work performed in contracts shall be put forth by qualified trade persons with adequate supervision provided herein." Mr. Hudspeth further stated that the Building Inspectors shall inspect for licenses and compliance with the Article and give the City Commission their findings every thirty days. After elaborating, Mr. Hudspeth said the Palm Beach County School Board accepted the language for its maintenance people. He thought any violators of the language should be brought to the attention of the Commission, and the violators should not be allowed to do any more work in the area. Mr. Hudspeth gave statistics on job accidents and deaths at construction sites within the County. Commissioner Wische left the dais. DEVELOPMENT PLANS Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Nurseries Roger G. Saberson Boynton Nurseries West side of Lawrence Road, north of Old Boynton Road and immediately west of the new elementary school "P" site The S½ of the SW~ of the NE~; the SE~ of the NE~ and the S½ of the NE¼ of the NE~, all in Sec. 13, Twp. 45 S., Rge. 42 E., Palm Beach County, Florida, together with that portion of the LWDD Canal L-21 that abuts the S. property line of the subject parcel of land ANNEXATION Be Project Name: Agent: Owner: Location: Island Pond Craig Livingston, Siteworks Architects & Planners, Inc. John T. Loos West side of Congress Ave., N. of L-28 Canal - 26 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Legal Description: Description: The S½ of the SE¼ of the SE~ of Sec. 31, Twp. 45 S., Rge. 43 E., less the S. 40' ~or the L-28 Canal right-of-way and the E. 53' for Congress Ave. ANNEXATION Mr. Golden stated that the above annexation requests were submitted on the City's October 1 deadline, and they are tentatively scheduled for public hearings in December. The Planning Department asked that they be forwarded to the P&Z Board for a public hearing. Motion re Boynton Nurseries Commissioner Hester moved to forward the application of Boynton Nurseries to the P&Z Board, seconded by Vice Mayor Olenik. Motion carried 3-0. Motion re Island Pond Commissioner Hester moved, seconded by Vice Mayor Olenik, to forward the request of Island Pond to the P&Z Board. Mr. Golden informed Vice Mayor Olenik that this development is located between Manor Care and Silverlake Estates. A vote was taken on the motion, and the motion carried 3-0. C. Site Plan Extension - Brady's Restaurant Mr. Golden thought this was self-explanatory. Approval was recommended. Commissioner Hester moved, seconded by Vice Mayor Olenik, to approve the request. Motion carried 3-0. Commissioner Wische returned to the dais. Project Name: Agent: Owner: Location: Description: Boynton Beach Mall Sears Addition (Postponed to October 17, 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. department store and a change in parking lot layout and design. By letter dated October 13, 1989, Corman C. Conahan, Attorney 27 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 for Boynton-JCP Associates, Ltd., Hodgson, Russ, Andrews, Woods & Goodyear, 2000 Glades Road, Suite 400, Boca Raton, FL 33431, requested an extension until the Regular Commission meeting on November 21, 1989. This was agreeable to the Commission. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 89-34 Re: Amending Conditions of Approval of Original Rezoning - High Ridge Center City Attorney Rea read proposed Ordinance No. 89-34 on second reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, AMENDING THE CONDITIONS OF APPROVAL OF THE ORIGINAL REZONING CONTAINED IN ORDINANCE NO. 87-8, TO MODIFY THE CONDITIONS OF APPROVAL CONTAINED THEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Vice Mayor Olenik asked where High Ridge Center is located. Mr. Golden answered that it is located at the southwest corner of High Ridge Road and Miner Road extended, east of Congress Avenue. Mayor Moore asked if there was any input from the audience. There was no response, and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Olenik moved to adopt Ordinance No. 89-34 on second and final reading, seconded by Commissioner Hester. A roll call vote on the motion was taken by Betty Boroni, City Clerk, as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester Aye Aye Aye Aye Motion c~rried 4-0. 2. Proposed Ordinance No. 89-35 Re: Scrivener's Error Amending Ordinance No. 89-10 City Attorney Rea read proposed Ordinance No. 89-35 on second reading by title only: - 28 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-10 TO CORRECT A SCRIVENER'S ERROR CONTAINED THEREIN RELATING TO THE LEGAL DESCRIPTION OF AN ANNEXED PARCEL OF LAN~; PROVIDING THAT EACH AND EVERY OTHER T~RM AND PROVISION OF ORDINANCE NO. 89-10 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR RECORDING WITH THE CLERK OF THE CIRCUIT COURT; PROVIDING AN EFFECTIVE QATE; AND FOR OTHER PURPOSES." Mayor Moore asked if anyone in the audience had any input. There was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved for the approval of proposed Ordinance No. 89-35 on second and final reading, seconded by Commissioner Wische. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester Aye Aye Aye Aye Motion carried 4-0. 3. Proposed Ordinance No. 89-36 Re: Knollwood Groves City Attorney Rea read proposed Ordinance No. 89-36 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 WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM AG (AGRICULTURAL) AND R-1AAA (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4~ BEING LOCATED IN THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) AND THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/41 OF SECTION SEVEN (7), TOWNSHIP FORTY-FIVE (45) SOUTH, RANGE FORTY-THREE (43) EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." As no one from the public wished to give any input, THE PUBLIC HEARING WAS CLOSED. - 29 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Vice Mayor Olenik moved for the adoption of proposed Ordinance 89-36 on second and final reading. Commissioner Hester seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Mayor Moore Vice Mayor Olenik Commissioner Hester Commissioner Wische Aye Aye Motion carried 4-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 89-37 Re: Revised Beach Decal Ordinance City Attorney Rea read proposed Ordinance No. 89-37 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16 PARKS AND RECREATION, ARTICLE II CITY PARKS & BEACHES, SECTION 16-82 RAISING THE RESIDENT TEMPORARY PARKING PERMIT FEES OF RESIDENTS FROM $5.00 TO $7.00; RAISING THE FEE FOR REPLACEMENT DECALS FROM $3.00 TO $5.00; RAISING THE FEE FROM $3.00 to $5.00 FOR GUESTS STAYING WITH P~ESIDENTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES" Commissioner Hester moved to adopt proposed Ordinance No. 89-37 on first reading, seconded by Vice Mayor Olenik. The City Clerk took a roll call vote on the motion, as folows: Vice Mayor Olenik Commissioner Hester Commissioner Wische Mayor Moore Aye Aye Aye Aye Motion carried 4-0. 2. Proposed Ordinance No. 89-38 Re: Adoption of Comprehensive Plan City Attorney Rea read proposed Ordinance No. 89-38 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPT- ING THE 1989 CITY OF BOYNTON BEACH COMPREHENSIVE PLAN, PRO- VIDING FOR THE AUTHORITY FOR THE ADOPTION OF THE COMPREHEN- SIVE PLAN; PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR THE ADOPTION OF THE 1989 BOYNTON BEACH COMPREHENSIVE - 30 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 PLAN; PROVIDING FOR PREEMPTION OF THE COMPREHENSIVE PLAN OVER LESS RESTRICTIVE DEVELOPMENT REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCE NO. 79-24 AS AMENDED, AND FOR REPEAL OF OTHER LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVID- ING AUTHORITY TO CODIFY; PROVIDING FOR EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Hester moved to adopt Ordinance No. 89-38 on first reading, seconded by Commissioner Wische. Vice Mayor Olenik stated he would vote against the Ordinance because he did not have a chance to review it. As a conflict came up, Mr. Hunt asked whether it would be possible to move the City Commission Workshop meeting scheduled for October 19, 1989 at 6:00 P. M. to 7:30 P. M. This was agreeable with the Commission. A roll call vote on the motion was taken by Betty Boroni, City Clerk, as follows: Commissioner Hester Commissioner Wische Mayor Moore Vice Mayor Olenik Aye Aye Aye No Motion carried 3-1. 3. Proposed Ordinance No. 89-39 Re: Tradewinds Rezoning City Attorney Rea read proposed Ordinance No. 89-39 on first 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 PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-lA (SINGLE FAMILY RESIDENTIAL), R-3 (MULTIPLE FAMILY DWELLING) AND C-2 (NEIGHBORHOOD COMMERCIAL) TO PLANNED COMMERCIAL DEVELOPMENT; PROVIDING FOR ADDITIONAL SQUARE FOOTAGE OF COMMERCIAL DEVELOPMENT; SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PRO- VIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Commissioner Wische moved to adopt Ordinance No. 89-39 on first reading. Commissioner Hester seconded the motion. 31 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Vice Mayor Olenik asked if this was for the Stipulation and Settlement Agreement the Commission had approved. City Attorney Rea answered affirmatively and added that it could be amended on second reading. Hopefully, it would wrap up the entire Tradewinds affair. Because of some timing with regard to the Comprehensive Plan, if there was no conflict in anyone's schedule, City Attorney Rea wanted the second reading to be on Tuesday, October 31st. The Commission agreed to this. Mrs. Boroni took a roll call vote on the motion, as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester Aye Aye Aye Aye Motion carried 4-0. 4. Proposed Ordinance No. 89-40 Re: Amendments to Industrial Waste and Pretreatment Sections of Code of Ordinances City Attorney Rea read proposed Ordinance No. 89-40 on first reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, 'WATER, SEWERS AND CITY UTILITIES'. ARTICLE IV 'SEWERS', DIVISION 2. 'DISCHARGE TO REGIONAL TREATMENT FACILITY GENERALLY' OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMEND- ING SUB-SUBSECTION 26-89(c)(9)a. TO INCREASE THE FINE FOR A VIOLATION; BY ENACTING A NEW SUB-SUBSECTION 26-89(c)(9)c. TO PROVIDE THAT A VIOLATOR MUST RE-SAMPLE THEIR DISCHARGE~ FOLLOWING A VIOLATION; BY ENACTING A NEW SUBSECTION 26-85(6) REQUIRING USERS TO GIVE NOTICE OF A CHANGE IN THE NATURE OF THEIR DISCHARGE; BY ENACTING A NEW SUB-SUBSECTION 26-83(4)c. TO REQUIRE SAMPLING OF DISCHARGES FOLLOWING THE ISSUANCE AND REISSUANCE OF PERMITS; BY AMENDING SUB-SUBSECTIONS 26-80(4)g. AND 26-80(4)h. TO PROVIDE FOR REVISED DISCHARGE LIMITS TO THE P.O.T.W.; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 26 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" Vice Mayor Olenik moved, seconded by Commissioner Hester, to adopt proposed Ordinance No. 89-40 on first reading. A roll call vote on the motion was taken by the Betty Boroni, City Clerk, as follows: - 32 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester Aye Aye Aye Aye Motion carried 4-0. C. Resolutions 1. Proposed Resolution No. 89-DDD Re: Owen A. Anderson (Requested by Commissioner Ezell Hester, Jr.) City Attorney Rea read proposed Resolution No. 89-DDD in its entirety. The Resolution extended the Commission's appreci- ation to Mr. Anderson for the numerous and invaluable contributions he made to the community. Vice Mayor Olenik called attention to the fact that Mr. Anderson's middle initial is "A" and not "L" as shown in the Resolution. Commissioner Hester moved to adopt proposed Resolution Ho. 89-DDD, seconded by Vice Mayor Olenik. Motion carried 4-0. D. Other 1. Proposed First Amendment to Industrial Waste and Pretreatment Agreement City Attorney Rea informed the Commission that Ordinance No. 89-40 dealt with the City meeting the Environmental Protection Agency's (EPA) standards. There is a joint operation between Delray Beach and Boynton Beach, and this was part of the agreement. Commissioner Wische moved, seconded by Vice Mayor Olenik, to approve the amendment to the agreement. Motion carried 4-0. 2. Central Business District (CBD) Height Referendum City Attorney Rea referred to his memo of October 3, 1989, which stated that the Community Redevelopment Agency (CRA) - Commercial voted that it was their desire to seek a referendum election removing the height limitations from the CBD. It was up to the Commission to establish the ground rules, and City Attorney Rea explained. Commissioner Wische referred to the three areas involved. City Attorney Rea advised that the CRA - Commercial basi- cally deals only with its area (the CBD). He advised Commissioner Wische that three referendums could be called at one time. Commissioner Wische felt everyone knew the three areas involved, and he felt they should all be done at once in separate referendums. - 33 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Mayor Moore agreed. He thought it was critical to get this before the people so the CRA - Commercial could determine which way they can go. Mayor Moore outlined the areas and stated he felt they should be placed on a separate referen- dum, not connected with any election because it will get political at that point. He wished to see it done at the earliest possible date. The direction he thought the Commission gave at the adoption of the Comprehensive Plan was for the City Staff and the City Attorney to come back to them with the proposition on those three areas in three separate vote sections and advise them of the minimum time to get it before the public. City Attorney Rea responded that the City needs to advertise any referendum election five weeks prior. On the fifth week prior to the election and then again on the third week prior to the election, they have to adopt the Ordinances which require a month. If they have Ordinances ready for the first meeting in November, they could have second reading of the Ordinances and public hearings at the second meeting in November. City Attorney Rea thought they could possibly get something on the ballot by mid-January. Mayor Moore thought it should come to the Commission so they could review it. City Attorney Rea asked whether there were specific boundaries. There was discussion about the boundaries, the actual height recommended in the three areas, and whether all three areas should be brought to referendum at the same time. Commissioner Wische stated that he, personally, campaigned against raising the limitation on height, and he, personally, was against raising it now, but he would give it to the people in the form of a referendum for them to make the decision. Vice Mayor Olenik thought it was important to send it to the citizens in a fair way. If they put in too high a limitation, they may not get support. City Attorney Rea said they could have first reading on the Ordinances without any height limitations (unlimited height). They could cut the height back at the second reading. Richard C. Gram, 209 S. E. 6th Street, Chairman, CRA - Commercial, read his letter of October 16th, addressed to the City Commission. A copy of said letter is attached to the original copy of these minutes in the Office of the City Clerk as "Addendum B". Virginia Foot, President, Greater Boynton Beach Chamber of Commerce, 2400 S. W. 1st Street, stated that the Chamber of Commerce supported the CRA - Commercial in its petition to - 34 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 send to referendum their position to remove the 45 foot restriction on heights of buildings in the CBD. The Chamber of Commerce also supports this action for other areas, such as Quantum Park, that will enhance the expansion of the economic base in Boynton Beach. Mayor Moore suggested City Attorney Rea meet with the Chamber of Commerce's committee so he could coordinate his efforts in the preparation of the draft. 3. Arbitration - Lear Group, Inc., and City of Boynton Beach City Attorney Rea had provided a copy of the Demand for Arbitration served upon the City for the Commission's information. There will be a hearing before the Arbitrator on December 4tho City Attorney Rea explained that one of the Subcontractors claimed there was a delay caused by the City for a period of ten weeks that, under the contract, causes them to be reimbursed $25,290.45. He informed Mayor Moore that he was handling this. 4. Estate of Mary G. Curley - Bequest to City of Boynton Beach Police Department Vice Mayor Olenik moved to accept the bequest in the amount of $5,000, seconded by Commissioner Hester. Motion carried 4-0. 5. Emergency Medical Service Director Contract City Attorney Rea advised this was a renewal of the contract for next year. It amounted to paying the Medical Service Director $18,000 a year at the rate of $1,500 per month. City Attorney Rea informed Vice Mayor Olenik that Ed Allen, Fire Chief, was in agreement with the contract. Commissioner Hester moved, seconded by Commissioner Wische, to approve the contract. Motion carried 4-0. 6. Morey's Discussion See page 20 of these minutes. 7. Consider approval of Water Service Agreements within Tropical Terrace a) Jean and Henry Drake Lot 95 b) Ethel Petersen Lot 94 c) Marjorie Drake Lot 110 d) Carlton, Donald & Jeanne Shier Lot 105 e) Albert Austin Lot 42 - 35 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Vice Mayor Olenik moved to approve the Water Service Agreements. Commissioner Hester seconded the motion, and the motion carried 4-0. 8. Report on property south of RumBottoms See page 23 of these minutes. OLD BUSINESS A. Consider Approval of rebid of Congress Avenue Park additional fees (Deleted at October 3, 1989 City Commission Meeting) Mr. Hunt called attention to the information provided to the Commission, which was requested at the last meeting, and added that both of the projects are in the budget. Only one bid was received. Commissioner Kester moved, accept the bid of Wallace, Motion carried 4-0. seconded by Vice Mayor Olenik, Roberts & Todd, Coral Gables. to B. Landfill Closure - Phase II (report to follow on October 16, 1989) Mr. Hunt said this was a request to extend the landfill closure budget $216,000. Commissions before this Commission had budgeted money for it. The Department of Environmental Regulations (DER) is monitoring it. Mr. Hunt explained what will be needed to cover the entire land, and there was discussion. Commissioner Kester moved, seconded by Vice Mayor Olenik, to approve the request. Motion carried 4-0. NEW BUSINESS A. One Stop Permitting for Movie and Television Projects (Postponed to October 17, 1989 City Commission Meeting) Chuck Elderd, Director, Palm Beach County Film Liaison Office, 1555 Palm Beach Lakes Boulevard, Suite 204, West Palm Beach, FL 33401, said the idea of this is to allow the film liaison to direct film projects in the community. It is a quality control for the City and expedites film making for the people that apply for location shooting and guaran- tees that the City will have somebody looking after its - 36 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 interests when a film maker comes through the community. Mr. Elderd provided paperwork on the subject and elaborated. Vice Mayor Olenik advised there would be a Resolution at the next Commission meeting. B. Items for Discussion Requested by Vice Mayor Robert Olenik, Jr. 1. Pool of People who Volunteered to Serve on Boards Vice Mayor Olenik asked whether City Attorney Rea could check to see whether it is legal for a person to sit on more than one Board. As there are so many people who want to serve on Boards, he thought the City should eliminate dupli- cation of Members on Boards. Vice Mayor Olenik thought they should strive to have Members serve on only one Board. Commissioner Wische agreed to a certain extent, but he pointed out that there are times when it is difficult to find anyone in the Talent Bank to serve in a vacant position on a Board. Mayor Moore thought they should discuss this at the next meeting. C. Code Enforcement Preliminary Operation Report This item was TABLED. D. Safety Provisions for Chlorine Storage and Feed Facilities John Guidry, Director of Utilities, called attention to his memorandum of September 28, 1989. If they go for the enclosed system, he stated it will be $150,000 that will be added to the new water treatment plant. Mr. Guidry reminded the Commission that ten years ago the south end of the City was cleared out because of a chlorine leak. After explain- ing, he said his concern was that the new west water treat- ment plant will be completely encircled by houses. If the chlorine facility is enclosed and the alarm goes off in case of a leak, there will be a total shutdown of that particular building. Because of the location, the Consultants recommended this. Commissioner Wische moved to TABLE this matter until they had more time to study it. Mr. Guidry stressed that some type of determination was needed quickly because the City is in the final stages on the design of both facilities. There was discussion. Mayor Moore passed the gavel to Vice Mayor Olenik and seconded the motion. The vote on the motion was 2-2. - 37 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Vice Mayor Olenik and Commissioner Hester voted against the motion. Commissioner Hester moved to approve the request, seconded by Vice Mayor Olenik. Motion carried 3-1. Mayor Moore voted against the motion. CITY MANAGER'S REPORT A. Nomination for Director of Enqineering and Public Works Mr. Hunt drew attention to the resume of Paul G. Van Buskirk, P.E., AICP, and said he was the City Staff's recommendation for Director of Engineering and Public Works. Me elaborated on Mr. Van Buskirk's qualifications. If the Commission agreed to the nomination, Mr. Hunt said he would order a background check and enter into negotiations with Mr. Van Buskirk and come back to the Commission for their approval. Motion Vice Mayor Olenik moved that Mr. Hunt authorize a background check on Mr. Van Buskirk. Commissioner Hester seconded the motion. Commissioner Wische called attention to the contents of the motion. Amendment to Motion Vice Mayor Olenik amended his motion to include negotiations for a salary. Commissioner Hester seconded the amendment. Mayor Moore preferred to table this matter so they could have the new City Manager review the nominations because the new City Manager will have to work with the Director. Vice Mayor Olenik did not see why this should be delayed any further. Mr. Hunt advised that the position has been vacant since April 26, 1989. A vote was taken on Vice Mayor Olenik's motion. The vote was 2-2. Mayor Moore and Commissioner Wische voted against the motion, and the motion failed. Robert Walshak, 1601 North Congress Avenue, thought some consideration should be given by the Commission to bringing the City Engineer in as a City Engineer and not as a Public Works Director. They are two fundamentally different depart- ments. The departments were combined awhile back, and Mr. Walshak felt the City Commission should revisit that decision. - 38 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Allegations of Mr. Vincent Finizio Mr. Walshak had wanted to address a portion of the Public Audience. For the first hour of the meeting, he did not feel an answer was given to some very important allegations brought before the Commission this evening. He went to the Civil Service Board's Sub-Committee Meeting two weeks ago to hear the allegations Mr. Finizio was making. He heard the allegations were sent along for consideration by the City Commission. The allegations were very serious. The allega- tion that was made was that Mr. Finizio was told to selectively enforce the Codes. Mr. Walshak emphasized that wasa criminal activity if the allegation was true. Allegations of Mr. Bernard Rubin Mr. Walshak also heard Mr. Rubin say this evening there was an addendum to a contract and subsequently, monies were spent on that addendum that had not been approved by the City Commission. Mr. Walshak stressed that they were serious accusations. He felt it was incumbent upon the Commission to either say they are going to investigate the allegations or they are not going to investigate them. He urged the Commission to give an answer as to what they were going to do with the allegations. There was discussion between Vice Mayor Olenik and Mr. Walshak about the subsequent payment of monies. Vice Mayor Olenik stated that the Commission is trying to get that back from the Contractor. Mr. Walshak wanted to see some definite sanctions against whomever was responsible, if the allegations are true. He commented, "You still have the gentleman sitting there that was a part of that." Mr. Walshak asked, "Can you fire him?" Vice Mayor Olenik replied that he was not going to ask Mr. Hunt to step down. Mr. Walshak asked the Commission what they are going to do about the activity that took place between Former City Manager Cheney, Mr. Hunt, and the Architect approving an addendum to a contract without the City Commission's approval. He also asked what the Commission was going to do about the allegations Mr. Finizio made against Mr. Hunt. Vice Mayor Olenik answered that the Finizio issue was looked at objectively by both sides. If the Grievance Board wanted to get back on that, as it should, that would be another story. Mr. Walshak accused him of sweeping the allegations of selective Code Enforcement under the rug. Vice Mayor Olenik had hoped the Sub-Committee researched the allegations thoroughly. When they said they did not inter- view the Personnel Director and other Members of the - 39 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 Engineering Department or Mr. Finizio's bosses, that told him they did not do an adequate job. Until an adequate job could be done, he did not want to address the allegations. Motion Mayor Moore passed the gavel to Vice Mayor Olenik and made a motion to have the State Attorney General assign a Strike Force to come in and investigate all of this. He wanted someone independent with the ability to investigate and, if necessary, the ability to prosecute. Commissioner Wische seconded the motion. The motion carried 4-0. After listening to a suggestion from City Attorney Rea, Mayor Moore amended his motion to have the appropriate individual of the State Government assign a Strike Force etc. This was agreeable to the Commission. It was decided City Attorney Rea should make this request. NEW BUSINESS G. Nomination to Countywide Planning Council - Requested by Commissioner Lee Wische Vice Mayor Olenik reminded the Commission that they made a recommendation to the Palm Beach County Municipal League to place Commissioner Weiner on the Countywide Planning Council. He believed the process was for the Municipal League to bring it up to the County Commission, and they voted her in. Vice Mayor Olenik did not know if the City Commission could legally remove Commissioner Weiner from office if the County Commission voted her in. Reference was made to former City Commissioner Leonard Mann. Mayor Moore asked City Attorney Rea to find out how the Commission can do this~ In the meantime, he thought the City Commission should name someone. Commissioner Wische nominated Dan Richter, Member of the Planning and Zoning Board. Vice Mayor Olenik seconded the motion, and the motion carried 4-0. H. Discussion on Date for Meeting with Utilities Director on Contract Negotiations - Requested by Commissioner Lee Wische After discussion, it was decided to have this meeting after the Special City Commission meeting scheduled for Tuesday, October 31, 1989 at 5:00 P. M. - 40 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 CITY MANAGER'S REPORT B. Housing Status Report Mayor Moore noted that this report was submitted. ADMINISTRATIVE A. Draft administrative policy relative to building projects under $100,000 . .TABLED This remained on the table. Be Consider replacement to fill vacant position on the Community Redevelopment Agency - Commercial - Term is for a period of 4 years. Appointment to be made by Commissioner Ezell Hester Commissioner Hester appointed Marvin Greenhut. Vice Mayor Olenik pointed out that Mr. Greenhut is a Member of the Community Relations Board. He guessed this would come up next month. C. Approve nomination to the Environmentally Sensitive Lands Acquisition Advisory Committee . TABLED Mr. Hunt advised an Ordinance was needed. Mayor Moore requested City Attorney Rea to draft an Ordinance. D. Legal Secretary's Salary As his Secretary is not in the Civil Service system, when the salaries of all of the City employees came up for appro- val, City Attorney Rea's Secretary was not included. City Attorney Rea wanted his Secretary to receive the 3% increase given to all other City employees and the 5% increment to which she is entitled. There was discussion about the Secretary's status. Commissioner Wische moved to give the Legal Secretary the same consideration as the other employees. Commissioner Hester seconded the motion, and the motion carried 4-0. E. Civil Service Board's Special Sub-Committee Report - Vincent Finizio See page 7 of these minutes. F. City Manager Selection Procedure Up-date Commissioner Hester wanted a background check on all of the - 41 - MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 17, 1989 applicants. The Commission noted there were now five appli- cants. There was discussion about the applicants and newspaper reports. Mr. Hunt said the Personnel Department could verify the applicants' employment, and the Police could do a background check. There was discussion. Mayor Moore stated they would have to go through the process of elimination. Vice Mayor Olenik stated he could not attend the meeting scheduled for Saturday, November llth. Mayor Moore suggested the meeting be held on Friday, November 10, 1989 at 4:00 P. M. G. Accept resignation from Frank Palen, Alternate, Board of Adjustment Commissioner Hester moved to accept the resignation. Vice Mayor Olenik seconded the motion, and the motion carried 4-0. Consider replacement to fill Alternate position on the Board of Adjustment - Term expires 4/90 - Appointment to be made by Commissioner Ezell Hester, Jr. Commissioner }{ester requested that this item be TABLED. ADJOURNMENT The meeting properly adjourned at 8:50 P. ~b~/ Vic~ M~yo~ ATTEST: Commissioner c°m~ issi°ner ommlss loner , 42 - MILNOR CORPORATION, a Florida corporation;-NORMANJ. MICHAEL and ELISHKA E. MICHAEL, his wife, Plaintiff, vs. THE CITY OF BOYNTON BEACH, a Florida Municipal corporation, Defendant. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: CL 89-6178-AN .STIPULATION AND SETTLEMENT AGREEMENT MILNOR CORPORATION, a Florida corporation ("MILNOR,,), NORMAN J. MICHAEL and ELISHKA E. MICHAEL~ ~is wife ("MICHAEL"); and th~ CITY OF BOYNTON BEACH, a Florida Municipal Corporation ("BOYNTOH BEACH"), by and through their undersigned attorneys hereby !stipulate and agree as follows: 1. MILMOR owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and being a site of a~proximately 4.01 acres situated at the northeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), which real property is more particularly described in the Exhibit "A" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as "Alhambra Square North.,, ~2. MICHAEL owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and being a site of apprcximately 9.45 acres situated at the southeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue). This real proper~y shall be referred to as two parcels, the first parcel being an approximate 4.45 acre parcel situated closest to the intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), and more particularly described in the 1 ADDENDUM C i~it "B" attached hereto and made a part hereof, and which ~al property shall hereinafter be referred to as "Alhalr~ra S~uare South." The second parcel, being immediately adjacent to and east of Alhamhra Square North and consisting of approximately 5,0 acres, and more particularly described in the Exhibit "C" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as the "Alhambra Square ACLF." 3. The Alhambra Square North, Alhambra Square South, and the Alhambra Square ACLF parcels of real property shall hereinafter be sometimes collectively referred t~ as the "Alhambra Parcels." 4. The Alhambra following Comprehensive BEACH: Parcels are presently subject to the Plan and Zoning designations by BOYNTON Parcels Alhambra Square North Future Land Use Element· Moderate density residential Zoninq R-1AA (PUD) Alhambra Square South Alhambra Square ACLF ! Low density residential Low density residential R-1AA (single family residential) R-1AA (single family residential) 5. On or about September 30, 1988, MILNER for the Alhambra North and MICHAEL for the Alhambra South and Alhambra ACLF parcels submitted applications (the "Applications,,) to BOYNTON BEACH for amendments to the future land use element of the Comprehensive Plan, and for rezoning of the Alhambra Parcels, as follows: Future Land Intended Parcel~ Element Request Rezonin~est Use Alhambra Square Office Commercial C-1 (Office Office/ North Professional) Medical C-1 (Office Professional) Alhambra Square South Office Commercial Alhambra Square Multi-family R-3 (Multi- ACLF residential family) Office/ Medical/ Banking Adult Congregate Living Facility 2 6. The Applications were considered by the Planning and ~on£ng Board of BOYNTON BEACH at a duly constituted and duly noticed pu~blic hearing on December 15, 1988, at which time the Planning and Zoning Board recommended denial of the Applications to the' city Commission. 7. On January 4, 1989, at a duly constituted~ and a duly ~noticed Special Meeting of the City Commission of BOYNTON BEACH, the city Commission of BOYNTON BEACH heard and considered the Applications and by motion declined to submit the Applications for review by the State of Florida Department of ~ommunity Affairs and the Treasure Coast Regional Planning Agency. 8. On or about June 20, 1989, MILNOR and MICHAEL filed the instant action seeking to invalidate the current Comprehensive Plan designations and zoning classifications of the Alhambra Parcels, seeking to require BOYNTON BEACH to grant the Applications and seeking damages. 9. On September 14, 1989, Robert A. Eisen, Esquire, attorney for MILNOR and MICHAEL, delivered to Raymond Rea, Esquire, City 'Attorney for BOYNTON BEACH, a letter offering a settlement of the instant action wherein BOYNTON BEACH would grant the Comprehensive Plan designations and zoning classifications requested in the Applications and MICHAEL and MILNOR would release BOYNTON BEACH from any and all claims for damage. At its regular meeting of September 19, 1989, the City Commission considered the request for settlement, and by a vote, three votes in favor, two opposed, directed the City Attorney, Raymond Rea, to negotiate the terms of a Stipulation and Settlement Agreement with the representatives of MILNOR and MICHAEL and present that Stipulation and Settlement Agreement for approval by the city commission at its meeting of October 3, 1989. The City Attorney was further directed to give public notice of the consideration of the stipulation and Settlement Agreement and that the consideration of the Stipulation and Settlement Agreement should be a public hearing so that input from the public could be taken and considered by the City 3 ission. On October 3, 1989, the city Commission hoard and c~nsidered public input and postponed consideration of this s~ipulation and Settlement Agreement until its regular meeting of October 17, 1989. Since that time, MILNER and MICHAEL have modified their requested paragraph ~1, below. land use changes to those set forth in 10. On October 17, 1989, at its regular C~ty 'Commission meeting, the- City Commission of BOYNTON BEACH considered the t~rms and conditions of this Stipulation and Settlement Agreement, the further input from MII~OR and MICHAEL, the further public input, and by a motion duly made, the City Commission, by a! vote of four in favor, none opposed (Council-person Arline W~iner absent.) , approved the ter~s and conditions of this s~ipulation and Settlement Agreement and authorized and directed the City Attorney to execute this .~ Stipulation and Settlement A~reement. I 11. The Future Land Use Element ahd Zoning of the Alhambra P~rcels shall be: ! Future Land P~.rcel Use Element Zonine1' A~harabra Square North Office Commercial C-1 (office Professional) Alhambra Square South Multi-Family R-3 (Multi-Family) a~d Alhalahra Square ACLF Residential ACLF with no less ! than 248 units I~ connection with the development of the Alhambra Parcels, and a~ an inducement to BOYNTON BEACH to enter into this Stipulation a~d Settlement Agreement, MIL~OR and MICHAEL agree to the following l~mi~ations P~rcels~ a. developmental limitations, which developmental shall apply regardless of ownership of the re¼idential areas; (3) Construction Alhambra. Alhambra Square North: (1) Building Height not to exceed two stories; (2) All dumpsters to be located away from wall adjacent of the six-foot zoning boundary shall be coordinated with the governing association of the 4 acent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association and at no cost to the governing association; (4) Parking lot lighting shall he shaded .so as not to shine, directly into residential areas, and parking' lot' lighting shall not be illuminated after 1t:00 P.M.; b. 'Alhambra Square South and Alhambra Square ACLF: (1) Building Height not to exceed two stories; (2) (3) residential areas, Roof pitch not to be steeper than 4/12; Ail dumpsters to be located away from adjacent and at least one hundred feet from the south property line. of the Alhambra ACLF Parcels; Square SoUth and Alhambra Square (4) Parking lot lighting shall be shaded and shielded so as not to shine directly int6 adjacent residential areas; parking lot lighting shall not be illuminated after 11:00 P.M.; parking, lot lighting poles s~all be at the minimum height permitted or allowable by BOYNTON BEACH; (5) Use of the property Adult Congregate Living Facility; shall be limited to an (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations. The Wall shall be constructed at no cost or exp~nse to the governing associations; (7) At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be.submitted to the governing associations; (8) No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth District'right-of-way south of the Alhambra Square South and Alhambra Square ACLF Parcels; and (9) Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The foregoing developmental limitations shall be set forth in a Declaration of Covenants and Restrictions (the "Declaration"), which shall provide that they cannot be modified without the consent of BOYNTON BEACH, and the Declaration shall be recorded among the public records of Palm Beach County, Florida, shall run with the land, and shall be binding upon the successors and assigns of MILNOR and MICHAEL. The Declaration shall be prepared and distributed to the governing associations by November 1, 1989. A recordable Declaration signed by MILNOR and MICHAEL shall be delivered to the City Attorney prior to the first public hearing on the rezoning and Comprehensive Plan amendments described in paragraphs 12 and 13, below. The Declaration shall be recorded by the City Attorney where all actions necessary to effectuate this Stipulation and Settlement Agreement have been iduly enacted' by BOYNTON BEACH. The Declaration is for the benefit of the following governing associations of the adjacent !residential areas: (a) Bo~nton Lelsureville Community Association, Inc. as to the Alhambra North Parcel; and (b) Golfview Harbour and Golfview Harbour Estates as to the Alhambra South and Alhambra ACLF Parcels. 12. BOYNTON BEACH agrees to supplement or amend its Comprehensive Plan by December 31, 1989, to permit use and development of the Alhambra Square Parcels as set forth in .paragraph 11, above, ~this Settlement and customary site related conditions of development. 13. BOYNTON BEACH agrees, within thirty days of the date of this Stipulation, to rezone the Alhambra Square Parcels to permit the develoPment set forth in paragraph 11, above, subject only to completion of all procedural requirements under Florida Statutes, subject only to the limitations set forth in~ Stipulation Agreement and other usual and 6 sec. 163,3184, the Settlement Agreement, and other conditions of development of BEACH. 14. To the extent required to implement any settlement Agreement, limitations set forth in this Stipulation and usual and customary site related general application in BOYNTON that ordinances or resolutions are of the terms of this Stipulatioh and BOYNTON BEACH agrees to prepare and adopt any and all such ordinances and resolutions necessary to implement the terms of this Stipulation and Settlement Agreement. 15. Simultaneous with the execution of this Settlement Stipulation, MILNOR and MICHAEL shall deliver to BOYNTON BEACH a full and complete release on behalf of itself, its officers, directors, shareholders, employees, agents, and representatives as to any and all actions, suits, damages, claims, which it or thSy may have against BOYNTON BEACH or any of its officials, employees, consultants, agents, elected Officials, or appointed officials in connection with or related to any action or inaction regarding the Applications and the Alhambra Parcels. The general releases shall be held in escrow by City Attorney, Raymond Rea, until all actions necessary to effectuate this Stipulation and Settlement Agreement have been duly enacted and then shall be delivered to BOYNTON BEACH. 16. MILNOR and MICHAEL shall further agree to defend BOYNTON BEACH at MILNOR and MICHAEL,s expense, any suit or administrative action pursuant to Chapter 163, Florida Statutes, initiated by third parties arising out of any actions taken by BOYNTON BEACH under the terms of this Agreement. 17. MILNOR and MICHAEL agree that BOYNTON BEACH's obligations under this Stipulation and Settlement Agreement shall at all times be subject to Department of Community Affairs' approval. MII~NOR and }{ICHAEL further acknowledge that BOYNTON BEACH shall not be responsible for any other Governmental Agency's action related to the development of the Alhambra Square Parcels. 7 18. The parties shall forthwith inform the Court that a, settlement has been reached and all proceedings iN the suit shall bei abated until the terms of this Stipulation and Settlement i · AgTeement are fully and completely effectuated. At such~tlme, th~ parties shall jointly seek an Order from the Court confirming ~ ratifying this Stipulation and Settlement Agreement. 'The ~o~rt shall at all times have and retain jurisdiction over this =~se and th~ parties to ensure that the terms and conditions l~rein are adhered to by the parties. L.~YM. OND ~EA, ESQ. 2~ty Attorney for the 2I~Y OF BOYNTON BEACH, ~ Florida municipal corp. £010 E. Boynton Beach Blvd. ~nton Beach, FL 33481 [407) 738~7405 ?tlorida Bar No. 348880 ! RAYMOND REA, ESQ. ~lldg 06/pldg 1/RN LAW OFFICES OF ROBERT A. EISEN Attorneys for Plaintiff(s) 4700 Northwest Boca Raton Blvd. Suite 103 Boca Retort, Florida 33431 (407) 994-2090 Florida Bar No. 180136 ~,ROBERT A. EISEN, ESQUIRE 8 EXHIBIT ALHAI'[BRA S uARE NORTH A percel of land in Section 32, Township 45 south, Range 43 East, city of Boynton Bench, Florida, Pelm Beach County, more · ' d follows: psrtmCUlarly describe as The Bast 460 feet of the west 510 feet of thc North 380 feet of the south 420 feet of the Northwest 1/4 of section 32, Township 45 south, Range 43 East, city of Boynton Beach, County of Palm Beach, Florida, less and except lands described in official Records Book 5402, Page 670. EXHI]~I '- _AL}{AMBRA SLOUARE SOUTh[ The West 500 feat of the following described property: Lot 16, Block 16, GOLF VIEW HARBOUR 2ND SECTION, according to the ~' d ~]at ~ ~- 27 Pages 46 and 47, and Plat thereof, as reco~ae in .- ~oo,. , Tracts 2~ 3, and 4 GOLF VIEW HARBOUR 3RD SECTION, according to the Plat thereof, as recorded in Plat Bock 30, Page 119 and 120, Public Records of Palm Beach Count}', Florida. EXHIBIT "C" AL___HAMBRA sOUARE ACL~ The East 590 feet of the following described property: Lot 16, Block 16t GOLF VIEW NARBOUR 2ND SECTION, according to the Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and Tracts 2, 3, and 4 GOLF VIEW HARBOUR 3RD SECTION, according to the Plat thereof, as recorded in Plat Book 30, page 119 and 120, Public Records of Palm Beach Countyt Florida. · FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME MAILING ADDRESS DATE ON WHICH VOTE OCCURRED COUNTY THE BOARD. COUNCIL_ COMMISSION, AUTHORITY, OR COMMITTEE ON WHI ' I SERVE ISA UNIX OF: ~: CDUNTY ~ OTHER LOCAt AGENCY NAME OF POLITICAL SUBDIVISION: ~ ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form ii not required by lay,; 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 E ~TED OFFICERS: ALw;son 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 assemblv 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 may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING ~T WHICH THE VOTE WILL BE TAKEN: should complete and file this form (before making any attempt to influence the decision/with the person responsible for ~rding the minutes of the meeting, who wilt incorporate the form in the minutes· · A copy of the form should be provided immediately to the other members of the agenc:,: · 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 after the vote occurs with the person responsible for recording the min_~.es of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1,--~'~~ ~ ~ ~ O ,/J~'~"~ , hereby disclose that on -(a) A measure came or will come before my agency which (check one) ~[~ inured ~o my sp~ial private gain: or .. ~ ~inured to the special gain of ~kT~d ~'~ P ~ ~ (b) The measure before my agency and the nature of my interest in the me~ure is as follows: / I0 J'7 ,19 9 : Date Filed 'NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE AN~' REQU~ ~SD 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNC~IL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS rnE BOARD. COUNCIL. COMMISSION. AUTHORITy, OR COMM~q~EE ON WHICH [ SERVE IS A UNIT OF: ~Cll Y : ~ COUNTY ~HER LOCAL AGENCY DATE ON WHICH VOI'E OCCURRED COUNTY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: , 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 equalty to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3t43, 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~,hen 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 1'12.3t43, FLORIDA STATUTES I CTED OFFICERS: A ~,,-rson 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 may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ~ should complete and file this form (before making any attempt to influence the decision) with the person responsible for ording the minutes of the meeting, who will incorporate the form in the minutes. ' · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE 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. · Yoa Should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minu_utes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTIERI:ST measure came or will come before my agency which (check one) .inured to my special private gain; or ,. 4nured to the special gain Of The measure before my agency and the nature of my interest in the measure is as follows: , by whom Yam retained. A payment made to Motorola, Inc., my employer, was included for approval in the CONSENT AGENDA, "Approval of Bilts",:~18. Although I have no direct renumeration from the payment to Motorola, this.item is now being placed.as-p~blic reco~d to ensure no conflict of voting occurred. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQU]~ _~D' DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. October 17, 1989 BOYNTON BEACH CITY COMMISSION RE: TRIBUNAL REPORT - MUNICIPAL PROJECTS Honorable Mayor & Commissioners: As per your request, the Tribunal submits the following information for your review: On October 11, 12 and 13 the committee made an inspection tour of all the buildings under construction, beginning with the Public Works, Library, Police Department, Fire Department and City Hall Complex. We were accompanied by Bill DeBeck, Project Manager and members of the press. The department heads or their representatives were most helpful in allowing us to inspect their particular areas and.pointing out their individual problems due to construction. By the way, it hasn't been easy trying to perform their work with dust, dirt, water and building materials getting in the way and they should be recognized for their ability to cope. We had at our disposal all the information requested in the form of "punch lists" from each division in the Building Department and that in itself made the inspection easier. It is not our intent to go into detail as to the conditions of each area but rather report to you that none of the buildings are ready to be issued a Certificate of Occupancy at this time, due to the non-completion of each structure and area. Monday, October 16, 1989, we spent seven hours interviewing City staff, project architects and the general contractor. The panel consisted of George Davis, Bernard Rubin, Don Jaeger and myself, Harold Blanchette. In conclusion, we find that the architect, the contractor and the City staff had conflicting reports in regards to the submission of plans for building permit. We conclude that the architect submitted incomplete plans to the Building Department who in turn issued correction comments back to the architect so the plans would reflect all code compliance before a building permit would be issued. This process was too slow for the City Manager's office and apparent pressure was Page 1 of ADDENDILM A Tribunal Report October 17, 1989 Page Two put on the Building Official to "ge~ the plans out", so that construction could start. Construction commenced prior to permits being issued and permits were issued without all staff comments being complied with. There was an agreement between the City Manager's office, the contractor, the architect and the Building Department that all code items not addressed in the plans at time of permit ~ssuance would be handled in the field through change orders. It is our opinion that much of the responsibility for the cost over-runs lies with the City Manager's office for the procedure from selecting an architect ~o selecting a general contractor and the subsequent handling of the construction and payments thereof, for draws, change orders and all other payments that may be deemed unnecessary. We also cite a lack of complete plans, a lack of supervision from both the architect and the general contractor and the "hurry up" attitude of the City Manager's office. The cost to finish this project is estimated at $572,352.00 and the validity of the USF&G bond should be verified in case completion is necessary by some other contractor. Also, verification should be made to assure that a one year guarantee for materials and workmanship is covered by the bonding company. We feel that this situation can be worked out if %he architect, the general contractor and the City sit down and negotiate all the problems so that amiable solutions can be achieved to bring this construction to a close for the benefit of the citizens of Boynton Beach for whom it was intended. In the interim, we recommend that the contractor proceed with due dispatch to complete the construction, that all legitimate bills be processed and paid, that Certificates of Occupancy be withheld Until all punch list items have been corrected, and that retainage not be paid until Certificates of Occupancy are issued. Respectfully submitted, .~arDld'-Blancnette, acting Spokesman for i~_h~ Tribunal - Don Jaeger George Davis Harold Blanchette Bernard Rubin, Auditor HB:bh TRIREP2.DOC page 2 of ADDENDUM A October 16, 1989 Honorable Gene Hoore Mayor and City Commission City of Boynton Beach 120 East Boynton Beach Blvd. Boynton Beach, Florida 33435 CRA/Commercial recommends elimination of height restriction in Central Business Dlstrict and earliest referendum Dear: Hr. Mayor and Commissioners The CRA/Commercial recommends to the City Commission that there be a referendum of the citizens of Boynton Beach to remove the height restriction in the central business district of our City. The CRA objective would be to initiate the opportunity to create a landmark structure that would serve to locate the central business district and to create an economic motivator that would make it possible to implement the amenities of the community redevelopment plan. Our CRA feels flattered and honored to have been entrusted with the future of the most unique and dramatic site in our City. By allow/rig us to develope around a focal point that will be the highest and best economic use of the site, we feel that the entire City can benefit not only frum vibrant economic activity on the waterfront but fro~ /m~roved public access to attractive facilities and activities. We want to stress th=t our Board accepts 'the responsibillty to execute these plans in the best interest of the whole City. We believe that we can give the citizens a central area that will make them proud to be citizens of Boynton Beach and that we can not only reverse the economic decline that created our CRA but create an area that will be a dynamic asset /n the future of our City. We requested and reviewed staff comments of the removal of the height restriction.~hila the response ' is imcomplete, we make the follo~in~ observations= Adopting a floor area to open space ratio to any proposal should eliminate visual or shado~ problems. Page 1 6f Addendum B Infrastructure improvements such as sewer and water can be proportionately assessed against our improvements and paid either by our tax increment income or impact fees. Your CRA/Commercial is limiting its comment and recommendatiom to the central business district since this is the area of assignment. Your consideration is very much appreciated. omm~ity Redevelopment Authority/ Page 2 of Addendum B CiTY BOYNTON BEACH 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach. Florida 33425-0310 (305) 738-7405 October 31, OFFICE OF THE ~%TY ATTORNEy 1989 Robert A. Eisen, Esq. Suite 103, Corporate Plaza 4700 ~.W. Boca Raton Blvd. Boca P~ton,. FL 33431 Dear Bob: Milnor Corporation v. The City of Boynton Beach Case No. CL 89-6178-AN i have reviewed the revised and finalized Stipulation and Settlement Agreement which was transmitted to this office by hand delivery_ on October 27, 1989. ~ I herewith enclose two of the originals which have been executed this date. The proposed Declaration of Covenants 'and Restrictions that you expect to use during the zoning procedures have been reviewed and appear to be in order. The City Commission will adopt the necessary changes to the Comprehensive Plan on November 7, 1989, for final adoption and transmittal to the Department of Community Affairs. Once said documents are returned from D.C.A. and the City is found in compliance with Chapter 163, this City will then proceed to rezone the property upon application by Milnor. ,.~Ve.r~ruly yours City Attorney RR/r ~.. Enc. cc: Betty S. Boroni, City Clerk Tim Cannon, Planning Department ADDENDUM C AGENDA October 17, 1989 A & P WATER AND SEWER SUPPLIES, INC. 1 - 24" Butterfly Valve, 20 - 24" Ductile Cement Linded Pipe, 1 - 24"X15" Sleeve. Pay from Utility General Fund - 403-333-5-650.01 ALLEN INSURANCE AGENCY Workers Comp Self Insurance - Professional Administrators semi-annual payment per contract. Pay from Self Insuranc Fund - 622-195-5-134.00 ALLIED LIME COMPANY Pebble Quicklime-Hi Calcium - Invoice #12-07091 and #12-07110. Pay from Water and Sewer Fund - 401-332-5-365.00 BROOK PRODUCTS, INC. 300 - 36-H Complete 3/4 Box and Lid-Steel Flap, 160 - 26-H 3/4 Box and Lid Steel Flap. Pay from Utility Capital Improvement Fund - 404-334-5-651.00 C.D. SYSTEMS OF MINNESOTA, INC. Lea communicator for Gasboy to IBM 5251 crt connection. Pay from Vehicle Service Fund - 501-000-1-477.7~ $ 4,553.00 130,669.00 4,209.61 7,475.00 1,600.00 8o 10. THOMAS B. CUSHING DEMOLITION Wrecking and removal of a one story burned house located at 105 NE llth Ave. Boynton. Pay from General Fund - 001-194-5-912.00 2,399.00 DIVERSIFIED DRILLING CORP. Periodical Estimate #25 Test/Production Well Program Pay from Utility General Fund - 403-000-0-690.10 127,308.20 DUN'S MARKETING SERVICES Renewal subscription to Duns Million Dollar Series Pay from General Fund - 001-711-5-661.00 1,097.50 ERNST & WHINNEY Professional services rendered through August 31, 1989 in connection with the 9-30-89 City audit. Pay from General Fund - 001-131-5-466.00 $660.00 Pay from Water and Sewer Fund - 401-383-5-466.00 $660.00 1,320.00 G.E. COMPUTER SERVICE 8,152.80 Lease/Service Contract No. 102120; Invoice #Z10330474 Pay from Various Depts. through General Fund and Pay from Water & Sewer Fund - 401-392-5-430.07 OCI I? 1989 APPROVAL 11. 12. 13. 14. 15. 16. 18. 19. 20. 21. HARDRIVES OF DELRAY, INC. Estimate #1 - Extra work order #10 - Boynton Beach Blvd. - S.R. 804 PB County Project #84147B. Pay from Utility General Fund - 403-000-0-690.10 4,103.62 HUNTER KNEPSHIELD CO. 3 - 8' Stationary Bench, 2 - 6' Portable Bench Pay from General Fund - 001-721-5-318.00 1,006.00 IBM Yearly maintenance agreement for display stations. Invoice #0912513. Pay from various departments through the General Fund. 1,512.84 JOHNSON-DAVIS INC. Installation of 100 ft. of water main across the intersection of military trail and s.w. 15th avenue. Pay from Utility General Fund - 403-000-0-691.10 6,460.00 WALTER H. KELLER, JR., INC. Expert witness services for Boynton Beach Boat Club Park. Pay from General Fund - 001-141-5-468.00 M/G ELECTRIC COMPANY 1 60 HP Horizontal Electric Motor. Pay from Water and Sewer Fund - 401-352-5-642.00 3,292.46 1,886.00 MORGAN, LEWIS & BOCKIUS Legal services rendered during the months of July and August, 1989 re: firefighter grievance and IBF&O bargaining. Pay from General Fund - 001-141-5-460.14 2,364.72 MOTOROLA, INC. Service contracts - microwave hot standby 10-01-89 to 10-31-89, high tech boards 10-01-89 to 10-31-89, radio system quarterly billing 10-15 to 1-14-90. Pay from General Fund - 001-197-5-431.00 14,436.23 NATIONAL LIBRARY RESOURCES LIMITED 1 year subscription to Mills and Boon Books. Pay from General Fund - 001-711-5-661.00 1,227.61 NEWSBANK Renewal Subscription to Newsbank for 1990. Pay from General Fund - 001-711-5-661.00 1,251.54 OAKS WHOLESALE DISTRIBUTORS 7 - Safariland centerline ballistic vests. Pay from General Fund - 001-211-5-642.00 1,575.00 COMMISSION OCT 17 1989 APPROVAL 22. 23. 24. 25. 26. 27. 28. 29. 30. 32. POLICE LAW INSTITUTE One year subscription to the electronic legal bulletin computerized training system. Pay from General Fund - 001-211-5-382.00 $ 14,500.00 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Invoice #13 - Professional services rendered August 1 to August 31, 3MG Storage Tank and Booster Pumping Station. Pay from Utility General Fund - 403-000-0-690.10 SCHLUMBERGER/NEPTUNEWATERMETER CO. Brass Water Meters - P.O. #78368 Broward County Bid C-12-87-23-12 for Meter Reading & Services. Pay from Utility Capital Improvement - 404-334-5-651.00 1,393.50 5,481.00 SLAWSON, BURMAN & CRITTON Professional services rendered 8-15 to 9-15-89 re: City vs. Tradewinds. Pay from General Fund - 001-141-5-461.00 19,415.81 SOLID WASTE AUTHORITY PALM BEACH COUNTY Use of County landfill for September, 1989. Pay from Water & Sewer Fund - 431-341-5-490.01 130,563.14 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for the treatment and disposal of waste%r~ter for the month of June 1989. Pay from the Water & Sewer Fund - 401-353-5-490.09 95,245.25 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Chlorine pretreatment for September, 1989. Pay from Utility General Fund - 403-000-0-691.20 2,420.53 SULLIVAN ELECTRIC Trans-stage motor repair. Pay from General Fund - 001-000-1-290.80 1,200.00 R.J. SULLIVAN CORPORATION Payment request No. 9 - 3MG Storage Tank and Booster station. Pay from Utility General Fund - 403-000-0-690.10 151,965.00 TEAMPLAN, INC. Landscaping medians 6-15 Project #88.07. Pay from Cox, nunity Redev. Agency Fund - 621-136-5-499.00 2,234.34 TEAMPLAN, INC. 2,525.00 Street and sidewalk landscape designs - Ocean Avenue. Pay from Local Option Gas Tax Fund - 104-411-5-630.14 OCT 17 1989 APPROVAL 33. 34. 35. PAUL A. TURK, JR., P.A. Professional services rendered 9-1 to 9-28-89 re: Morey's Eminent Domain Litigation. Pay from General Fund - 001-141-5-461.00 URBAN DESIGN STUDIO Professional services rendered 8-1 to 8-25-89 re: Tradewinds expert witness fee. Pay from General Fund - 001-141-5-461.00 OSCAR VAGI & ASSOCIATIES ARCHITECTS, INC. Invoice #1271 - Design fees re: North District Park. Pay from Public Service Tax Fund - 301-722-5-463.00 $ 8,030.00 2,568.44 15,760.00 Diane Reese, Assistant Finance Director I therefore recon~end payment of these bills. G~org~e N~. ~unt~, ~n~er~l~anager · COMMISSION OCT 17 1989 APPROVAL