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Minutes 10-03-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, OCTOBER 3, 1989 AT 6:00 P.M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice.Mayor Ezell Hester, Jr., Commissioner Arline Weiner, Commissioner Lee Wisehe, 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 City Attorney Raymond Rea. DEVELOPMENT PLAN: Project Name: Agent: Description: Boynton Beach Mall - Sears Addition (Postponed until October 3, 1989) Cormac Conahan, Esq. SITE PLAN MODIFICATIONS: Request for an amended site plan to allow for the addition of a 134,526 sq. ft. depart- ment store and a change in parking lot layout and design. Mayor Moore stated Mr. sion. This matter was meeting. Conahan had requested another exten- postponed until the October 17, 1989 Velodrome, USA, Inc. Mr. Jim Brady, a consultant for Velodrome, USA addressed the ~ommission regarding a proposal to construct an olympic training Velodrome within the City limits. Mr. Brady will be in touch with Interim City Manager Hunt to arrange for a date for discussions to take place. Comments by Commissioner Hester Commissioner Hester referred to a recent newspaper report indicating some Commissioners were "attacking" certain members on the Commission. He stated he had never attacked anyone on the Commission. There are times where Commissioners do not agree on issues. This is a democracy where the majority rules. Commissioner Hester stated the Qnly hasty decision he had made on the Commission had to do With the appointment of George Hunt as Interim City Manager. A misunderstanding arose concerning a remark made and Former Mayor Marchese was asked to sit down and readdress the Commission during the Public Audience portion of the meeting. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Commissioner Hester reiterated that he considers each deci- sion carefully. He was upset at what the newspaper article had stated. AGENDA APPROVAL After consideration of the CONSENT AGENDA, Commissioner Wische wished to add discussion on Censure/Sanction. Under OLD BUSINESS C., Vice Mayor Olenik wished to add Medical Director's Contract. Under LEGAL, Mayor Moore wished to add discussion on Independence One Mortgage Corporation vs. Overington. Under NEWiiBUSINESS,~ he also wished to add discussion on Advertising for City Planner, The "Talking Pages" Phone Boo~, Code Enforcement Legislation Enacted and One-Step Permitting Procedure. Under NEW BUSINESS, Interim City Manager Hunt wished to add discussion on the Workers' Compensation Renewal Contract. Commissioner Hester moved to approve the Agenda as amended. Commissioner Wische seconded the motion which carried 5-0. ANNOUNCEMENTS 1. iProclamation :Red Ribbon Week - October 22 - 29, 1989 This was TABLED until the October 17, 1989 meeting. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting of September 19, 1989 2. Budget Public Hearing Meeting of September 26, 1989 Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget Utility Bodies for 3/4 Ton Trucks and 1 Ton Trucks The!Tabulation Committee recommends awarding the bid to Mims Truck Equipment of Pahokee, Florida in the amount of $7,699.00. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Resolutions Proposed Resolution No. 89-WW Re: Urging the Board of County Commissioners of Palm Beach County to extend the Local Option Tax on Motor Fuels and Special Fuels A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE BOARD OF COUNTY ~COMMISSIONERS OF PALM BEACH COUNTY TO EXTEND THE LOCAL iOPTION TAX ON MOTOR FUELS AND SPECIAL FUELS. Proposed Resolution No. 89-XX Re: Abandonment of an Eighty Foot Wide Collector Road Citrus Glen Drive A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYi~TON BEACH, FLORIDA, ABANDONING AN EIGHTY (80) FOOT ~WIDE COLLECTOR ROAD (CITRUS GLEN DRIVE); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE .MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID STREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Moore abstained from voting on this Resolution. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the Office of the City Clerk. e Proposed Resolution No. 89-YY Re: Abandonment of a Sixty Foot Wide Local Street Citrus Avenue iA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF iBOYNTON BEACH, FLORIDA, ABANDONING, A SIXTY (60) FOOT iWIDE LOCAL STREET (CITRUS AVENUE); SAID PROPERTY BEING iMORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE ,MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ISTREET; PROVIDING THAT THE ATTACHED DISCLAIMER BE ~RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, !FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Moore abstained from voting on this Resolution. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the Office of the City Clerk. 4. Proposed Resolution No. 89-ZZ Re: Southern Bell Easement A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE 3 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 MAYOR AND CITY CLERK TO EXECUTE A CERTAIN EASEMENT CONVEYING EASEMENT RIGHTS TO SOUTHERN BELL, A COPY OF SAID EASEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. D- DEVELOPMENT PLANS None. Consider Approval of Interlocal Agreement Between LWDD and City of Boynton Beach 1. Task Order No. 14 for an Aquifer Storage Recovery Facility As outlined in John Guidry, Director of Utilities' September 27, 1989 memorandum to Interim City Manager Hunt, approval of execution of the Interlocal Agreement is ~equired as well as approval of Task Order No. 14 for engi- neering services for the feasibility investigation and con- ~eptual design of an aquifer storage and recovery facility for the City. F. Consider Approval of Proposal for Water & Sewer Rate Study by David M. Griffith & Associates Mayor Moore stated he was not prepared to act on this item ~t this time. It was his belief that this was all part of She package that was brought up by the Utilities Dept. on ~he overall bond issue. He would rather not do this "piece- ~eal." Mr. Hunt stated the Commission could be provided ith a report on how this fits into the rest of the inancing. The Mayor requested the Commission be given an ~ntire Agenda by Mr. Hunt, of what the timing is going to ~e, what the procedure will be and estimated costs for all ~ees from people that appeared at the previous meeting. This is an integral part of that. Mayor Moore requested ~his be pulled off the Agenda for another meeting. G- Approval of Authorization to dispose of records - ~ Public Works Disposal authorization had been received from the State of Florida, Division of Archives, to dispose of records, ~o. 182, from the Public Works Dept. Consider approval of Annual Membership Fee for par- ticipation in the South County Council of Governments The 1989-90 dues for annual membership in the South County Council of Governments is $100.00. 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Consider Approval of Gas Chromatograph and Accessories Service Agreement with Hewlett Packard - Water Treatment Plant This Customer Support Services Agreement with Hewlett Packard would commence for one year beginning November 1, 1989. The annual cost is $1,488.00. J. Consider Approval of Zoning for Alcoholic Beverage License Pizza Town USA 2755 S. Federal Hwy. Boynton Beach, Florida 33435 Per A1 Newbold, Permit Administrator's September 27, 1989 memorandum, zoning for the above location permits the sale Of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. City Attorney Rea stated over the years items like this have appeared on the Consent Agenda. This is really an admi- mistrative matter. He asked if the Commission wished to Continue past procedure or if they wished for these to be ~andled administratively by the Zoning Official and City anager. The Commission chose to delegate this respon- Sibility to the City Manager. In the future items like this will be handled administratively and will not appear on the Consent Agenda. K. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of July 20, 1989 1. Palm Beach Soil and Water Conservation Sludge Disposal Demonstration Project for the amount of $66,500 Ratification is required for our participation in the Palm Beach Soil and Water Conservation Sludge Disposal Demonstration Project. The cost of $66,500 will be divided equally between Boynton Beach and Delray Beach. L. Consider Renewal of Contract for Annual Supplemental Laboratory Analysis Water and Wastewater The Tabulation Committee recommends extending the contract for another year with ABC Research of Gainesville, Florida. M. Consider Approval of Re-roof for Lift Station 9317 Authorization is required for re-roofing of Lift Station ~317. Work will be performed by Modern Roofing Co. at a cost of $2,350.00. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Consider Approval to Replace Electrical Service at Lift Station 9202 Authorization is required for electrical work needed at Lift Station 9202. Fitch Electrical Corp., West Palm Beach, Florida, would perform the work at a cost of $1,800.00. O. Consider Approval of rebid of Congress Avenue Park addi- tional fees Approval is required of a request from Wallace, Roberts & Todd for additional fees for re-bid of this project. The original request for re-bid fees was $8,640. Upon review and discussion, the not-to-exceed cost had been reduced to $5,40o. Mayor Moore was concerned with the recommendation from staff regarding this re-bidding. He stated this came in over bid. There was only one bidder. Discussion took place relative to ~he twelve item punch list. The Mayor questioned the 96 man hours referred to and thought the item should be tabled so they could take a closer look at this. Matt Mathes from WRT addressed the Commission and clarified the 96 hours is a "not to exceed" estimate of hours. The rates cited are a "not to exceed" amount. It could take less. Vice Mayor Olenik asked for a detail on the 96 hours. Mr. Mathes stated they would supply one. P. Consider Approval to purchase 800 Dozen Super Range Golf Balls Approval is required to purchase 800 Dozen Spalding Super Range Golf Balls direct from the manufacturer at a cost of $4,587.20. Q. Approval of Bills See List attached to the original copy of these Minutes in ~he Office of the City Clerk. Mayor Moore questioned the payment to Green, Eisenberg & Cohen in the amount of $1,840.00 in connection with Southern Entertainment co. Mr. Rea indicated they did answer within the ten day period and a hearing is scheduled for the middle Of next week. This bill covers August 8, 1989 through September 12, 1989. Relative to the $52,537.78 payment to Seppala & Aho, Mr. Hunt noted this is their standard draw for the work accomplished during the last two weeks. Completion is sche- duled for early December. Mayor Moore wished some cosmetic MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 work would take place on the parking lot landscaping so the project would look complete even if it isn't. On the Supplemental Agenda prepared was added for Miller, Meier, Kenyon of $12,956.55. for this meeting a bill & Cooper in the amount Motion Vice Mayor Olenik moved to approve the Consent Agenda as amended. Commissioner Hester seconded the motion which carried 5-0. Discussion on Censure of Commissioner Weiner Commissioner Wische referred to the recent censure of Commissioner weiner. The day after the censure, he read an article in the paper stating Commissioner Weiner would not agree to the censure by ignoring it. He felt this was a slap in the face of the Commission. He noted Commissioner Weiner had received a reply from the Attorney General stating there would be no determination on her question because it came from one Commissioner and not a majority. If the majority cared to get a ruling from the State Attorney General, they should do it through the City Attorney. Commissioner Wische noted Commissioner Weiner had engaged an attorney, claiming the Commission went about the procedure in the wrong fashion. The attorney indicated the topic was not on the Agenda that evening, was done without prior notice to Commissioner Weiner and was done against her pro- test. The attorney stated the action of the Commission was in violation of the Sunshine Law and deprived Commissioner Weiner of her Constitutional rights and due process. Commissioner Wische stated the Commission rules by Robert's Rules of Order. He referred to material under Offenses Elsewhere Than in the Meeting and read the following material: "If improper conduct by a member of a society occurs elsewhere than at a meeting, the members generally have no first-hand knowledge of the case. Therefore, if disciplinary action is to be taken, charges must be pre- ferred and a formal trial held before the assembly of the society, or before a committee - standing or special - which should be required to report its findings and recommendations to the assembly for action." Commissioner Wische stated the key words are that we have "no first-hand knowledge of the case." The newspapers quoted Commissioner Weiner as saying she would ignore the 7 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 censure. The Commission had first-hand knowledge of this. He stated Commissioner Weiner, through the news media, true or false, which she never disclaimed to date, stated she called the Internal Auditor the Mayor's spy. Due to the fact that the Commission had all this information on hand, it Would rule out that section which her attorney thinks is in violation of the Sunshine Law. The Commission did have first-hand information before it proceeded to censure. Commissioner Wische stated he didn't wish to allow any Commissioner or Mayor to make a joke of the Commission or its actions or make a mockery of them. Because of the concerns staged previously in censuring Commissioner Weiner and those he added at this meeting, Commissioner Wische moved to add sanctioning to Commissioner Weiner by removing her voting privileges as a City delegate to all boards appointed by the Commission. Theigavel was passed to Vice Mayor Olenik. Mayor Moore sec6nded the motion. Commissioner Hester asked City Attorney Rea if it was handled properly and legally at the last meeting? Mr. Rea stated he had received a copy of Commissioner Weiner's attorney's letter and the attorney believed the City Commission could not handle any business that is not speci- fically on the written Agenda. Mr. Rea stated he had never seen any case law that indicates that as such. He did not seeiany problem with it. Mr. Rea explained the Sunshine Law requires all Commission or board meetings to be open to the public. The Mayor felt Commissioner Weiner had charged the Commissioners with commission of a criminal offense. Commissioner Hester stated violation of the Sunshine Law would mean somebody got together to discuss this matter. He knobs he didn't talk about it. Comments were made about consulting the City Attorney for legal opinions. He stated if every Commissioner on the minority end of votes consulted theiAttorney General it would be overwhelming. Comments were made regarding being on the loosing end of a vote. commissioner Hester stated when this happens you have to jus~ forget it. Mayor Moore stated the censure was well within the Commission's rights, under the provision of the Charter. Commissioner Weiner was advised of serious charges, in his opinion, that exceed the act of requesting the opinion from the'Attorney General. He stated she had the Commission in a position of being sued for libel. It was stated previously that the Commission did not intend to impose sanctions. It was mainly trying to "rein her in," where this type of thing 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 would not recur. The next day in the newspaper Commissioner Weiner stated she would ignore it and called the Mayor a "chauvinist pig." The Mayor commented to keep in mind this action was taken by a majority of the Commission upon the advice of the City Attorney. Commissioner Weiner was given every right to come back at the earliest possible date and the Commission indicated they would reconsider, if she had anything that would be helpful. Now a letter from Commissioner Weiner's attorney states the Commission had violated the Sunshine Law and charges three members of the Commission with criminal activity. Reference was made to a pri6r censure of former Commissioner Leonard Mann. The Mayor stated he had gone as far as he could in attempting to give lenience. Commissioner Weiner stated far from ignoring the censure as Commissioner Wische had said, she had taken the censure very seriously. Two weeks ago she felt she had been charged, judged and sentenced without any chance to defend herself in an .ntelligent manner. She had no notice of the censure and no ~otice that it was going to be on the Agenda. As far as she~was concerned, she was denied due process by the Commission. She had consulted an attorney. She has no control over what the newspapers print. Frequently people are misquoted in the newspapers. She stated she had never called the Mayor what he said he had been called. She objected when it appeared in the paper. She called the reporter and objected to it. This was the second time she was imisquoted for the same phrase. She had no intention of being a "potted plant" on the Commission and felt strongly about her rights and the rights of the citizens. She has every intention of doing her job to the best of her ability. vice Mayor Olenik stated he was not sure in connection with Robert's Rules of Order, that newspaper articles are con- sid~red first-hand information. The Vice Mayor called for a vot~ on the motion currently on the floor. The motion carried 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. The gavel was returned to Mayor Moo~e. Mr. Hunt indicated he would notify the Planning Board. The Commission chose to defer discussion regarding appointment of a replacement at this time. III. BIDS A. Knuckle Boom Crane - (Previously TABLED) As the Commission had still not received the information it needed regarding privatization, it left this topic TABLED. 9 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 IV. PUBLIC HEARING A. Milnor Corporation vs. City of Boynton Beach Settlement Proposal Attorney Robert Eisen addressed the Commission. A Site Plan was available and Mr. Eisen explained that in January, 1989 they proposed a Comprehensive Land Use change and zoning change to allow office use on two corner parcels and a 125 bediACLF unit on the interior parcel. At that time the Commission chose to deny the request. Since that time a sui~ was filed. Recently discussions had taken place towards settling the suit, with his client releasing any and all!claims for damages against the City and the City pro- viding the Comprehensive Plan Land Use change and zoning as originally requested. The office developments would be limited to two story by the zoning regulation and there would be a transitional ACLF residential use further to the east. In the Settlement Stipulation worked out with Mr.!Rea, they had provided even further limitations and guarantees as to the use of the properties; limiting the height to two stories, removing dumpsters from residential areas, indicating that site lighting would be eliminated in the late evening and providing for buffer transitions. Mr. Eisen stated they had met with members of the Leisureville community and they had indicated in a letter to the iCity that they neither support nor oppose the project wit~ reference to the parcel adjacent to them. Reference was imade to a letter written previously in support by the Cedarwood Villas Homeowners Association and the Golfview Harbour Estates Homeowners Association. Mr. iEisen indicated they wished to be good neighbors and wer~ willing to put into the Stipulation any reasonable mitigating activity in connection with the proposed land uses. MayQr Moore referenced the November 23, 1988 Cedarwood VilIas Homeowners Association letter expressing support of theiapplications. A letter was also received by the Boynton Leisurevitle Community Association stating they had taken board action to support the northeast corner portion and wer~ not taking a position pro or con on the southeast coroer. The Mayor stated the City had received correspon- dence dated October 3, 1989 stating the Village of Golf interposes objection to the petition and requests the land remain residential. Mayor Moore asked if there was anyone present who wished to speak in favor of the petition at this time. There was no response from the audience. The Mayor asked if anyone wished to speak in opposition. 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA Former Mayor Nick Cassandra, 2554 S.W. OCTOBER 3, 1989 10th Court, Boynton Beach addressed the Commission. Mr. Cassandra is President of the Golfview Harbour Homeowners Association. He pre- sented a letter indicating Silverlake is in opposition to the zoning change. The Golfview Harbour Homeowners Association also stands in opposition. Mr. Cassandra referred to comments in the previous Commission meeting Minutes regarding Tradewinds. He feels the City's case is stronger in this instance than it was in Tradewinds. He made comments about City Attorney Rea's legal advice in this cas~. Mr. Cassandra stated we have had public hearings, referendums, workshops, a recommendation from the Planning & Zoning Board to keep this a residential corridor and a Commission vote to keep this a residential corridor. He was concerned they were by-passing City Code, public hearing and the!super majority vote by approving a Stipulation. Mr.!Cassandra resented Mr. Eisen not making a presentation to ~olfview Harbour as he felt the same courtesy should have beeh extended to his subdivision. He invited Mr. Eisen to add~ess their Homeowners Association on Wednesday evening, October 4, 1989 at 7:30 P.M. Mr. Cassandra asked that this item be tabled until October 17, 1989. Numerous residents from Golfview Harbour were present at this meeting. Mr. Cassandra had requested the City Clerk to pull out Petitions signed previously by concerned citizens in ~heir area. He stated in closing the Golfview Harbour TowRhouse Association is not in favor of this petition. Disagreement took place between Mayor Moore and Mr Cassandra regarding Mr. Rea's legal advice, the prior Commission and responsibility for present lawsuits. Simon Ryder, 2379 S.W. 13th Avenue, Boynton Beach addressed thelCommission. Mr. Ryder stated this matter is being cate- gor~zed as the "Son of Tradewinds," when it has nothing to do With Tradewinds and he explained why. Mr. Ryder referred to hundreds of commercial acres that are available on N.W. 22nd Ave. that will not in any way harm adjacent residential developments. Gregg Rasor, 1164 S.W. 23rd Avenue, Boynton Beach stated he is ~he Editor of the Golfview Harbour Homeowners Association New~letter. Mr. Rasor explained events that had taken place ove~ the months in connection with the Milnor suit. He stated a conflict of interest may have existed in connection with the vote on September 19, 1989 and subsequent votes in conmection with this matter. He referred to Minutes from the June 3, 1980 City Council meeting which indicate that Mayor Moore represented Milnor Corp. in connection with development of land located within Golfview Harbour Estates. 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Reference was made to the Florida State Statutes, Code of Ethics for Public Officers and Employees, Section 112. Mr. Rasor asked Mr. Rea to advise the Mayor and the members of the Commission on procedure for disqualification from further voting on this matter. Discussion took place. Anthony La Ferrera, 2370 S.W. llth Street, Boynton Beach felt if the petition is approved, the developer will come out the winner and the residents will end up losing on their investments. He stated the citizens look to the Commissioners for help in this situation and hope they will make the correct decision. Gary Lehnertz, 619 S.W. 2nd Avenue, Boynton Beach stated this proposal or one very similar to it, has consistently been brought before the Commission and the citizens have repeatedly indicated they did not want the zoning changed. He saw no reason why the City should change its stance now. Reference was made to a decision made recently on Cross Creek Shopping Center. Kathleen Kirton, 2526 S.W. 13th Court, Boynton Beach stated Mr. Michaels has been before the City many times. Commissions come and go and zoning boards change but none of them have ever voted against the peoples' desire to keep the zoning R-1AA, single-family homes and she further explained. She stated the issues in this case are not even similar with the issues in Tradewinds. Mrs. Kirton stated the Stipulation Agreement details the area next to Leisureville. However, it does not say what would be on the south side where Golfview Harbour is. It says a wall would be constructed next to Leisureville. It does not indicate such for the south side. She noted about 100' exists there which belongs to the Lake Worth Drainage District and she didn't think a wall could be constructed there. Comments were made about the value of commercial property going down in Palm Beach County. She felt the City doesn't need any more vacant com- mercial buildings. With 1,000 people moving to Florida daily, this area needs homes. She stated if this goes to a vote at this meeting, the Mayor should "abstain from voting because of his conflict of interest." If not, she felt the matter should be tabled. Since Mr. Eisen had not met with Gotfview Harbour the way he did with Leisureville, she felt their subdivision had been discriminated against. Discussion took place with the Mayor on bad legal advice. Mayor Moore stated people need to learn from Tradewinds. If we don't settle on this, he felt we would lose on this case as well. He asked the citizens present if they were willing to set aside their residences as a special taxing district to "pick up the tab" of the defense, pay the damages arising 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 from this suit and relieve the rest of the taxpayers from it? He felt the people should think about it. Discussion took place. Richard E. Wabnitz, 1321 S.W. 35th Avenue, Boynton Beach felt there was no comparison between the Tradewinds the Milnor case and he explained why. He felt this "blackmail" from A to Z. suit and case was THE~PUBLIC HEARING WAS CLOSED. Commissioner Heater stated he is not comparing Tradewinds as far'as area involved but as far as money being spent. He realizes the problem is not the same. He is primarily con- cerhed with money being spent. Commissioner Heater felt Golfview Harbour should be given an opportunity to view and discuss the proposal. He suggested tabling this discussion until Mr. Eisen can meet with them. Vice Mayor Olenik asked Mr. Eisen about the possibility of theientire southern two lots becoming ACLF? Mr. Eisen responded they think there eventually could be a viable development of that 10 acre site, depending upon the market place. They would like flexibility to do the entire 10 acres in ACLF but they do not wish to replace that flexibi- lity with commercial on the corner. The corner is difficult because of traffic and they believe single-family residen- tial use is totally impossible on that corner site. Vice Mayor Olenik recalled when the City recently went through the Comprehensive Plan process, this entire corridor wasladdressed. It was the unanimous consensus of the Commission at that point that S.W. 23rd Ave. from Seacrest to Military Trail would be best suited to remain of residen- tial character. When Mr. Michaels came to get that rezoned prior to that, one of the last things Mr. Michaels said was he Would see us in Court. The Vice Mayor doesn't like to be threatened by a lawsuit. He asked Tim Cannon, Senior Pla~ner, if our land use for that intersection was rejected by ~he Dept. of Community Affairs? Mr. Cannon responded that the Future Land Use Plan that went to DCA showed those corners as low density residential on the southeast and moderate density residential on the northeast. Mr Cannon sta~ed the DCA did not make any comments in this regard. TheiVice Mayor felt entering into a Stipulation Agreement with the developer circumvents the process that has been set up to duly rezone and approve properties for development. He felt proper procedure should be followed. The referendum that was passed by the citizens a few years back, requiring a super-majority vote for a change to the City's Land Use 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Plan is being circumvented here. If we wish to process it that way then we could proceed through the public hearing process and notify the residents in the area that we do plan to rezone. We would then go to the DCA and ask for an amendment to our Comprehensive Plan. He didn't wish to go through the "back door" with a Stipulation Agreement. Commissioner Wische felt the matter should be tabled until Mr. Eisen could meet with the residents of Golfview Harbour. Comments were made about why this meeting was a Public Hearing. Mr. Rea stated this was made a Public Hearing at theiCommission's request. There is no statutory requirement for~that. An attorney has an ethical obligation to offer a compromise to his client, whether they like it or not. Mr. Rea stated the "nuts and bolts" of the Agreement are found basically on pages 4, 5 and 6. Most of the infor- mation prior to those pages is a recital of what has occurred. The items contained in paragraph 11, a), b) and c), deal with concessions made by Milnor. Page 5, Article 12 deals with our obligations. Comments were made about the amendment to the Comprehensive Plan being put into the documents and being submitted back to DCA for their review and approval. It requires us then to adopt the zoning regu- lations 30 days after all the DCA review occurs. Item 15 indicates that simultaneously with the execution of this Agreement, the Plaintiffs provide us with executed Releases for!Mr. Rea to hold until the actions are consummated. On theilast page of the document in paragraph 16 it indicates thelPlaintiffs will defend, at their expense, any suit or administrative action against the City for actions taken over the terms of this Agreement. In Section 17 it reiterates that this entire Agreement is contingent upon DCA approval. Mayor Moore felt if this item was tabled at this point, the Commission would be "ducking the issue." The same people will attend the next meeting. They are unalterable in their pos%tlon. Comments have been made about 23rd Ave. being a residential corridor. The Mayor remarked that 13 years ago we Won that lawsuit "by the skin of our teeth." There has bee~ a dynamic change on Congress Ave. and he explained. We are!in Court and are under threat of a damage claim in excess of $5,000,000. He felt it was the same situation as Tradewinds. He didn't feel putting it on the table would do any!good. Commissioner Wische stated the only objection he had to taking a vote at this point was that the people in Golfview Harbour had not had a chance to view the plans. Mr. Eisen stated this is the same plan that was presented in January. 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 A meeting was held last December in connection with the ini- tial process at the Golfview Harbour Clubhouse. The people were invited to attend. Motion Commissioner Weiner moved that this matter be tabled to give the people in Golfview Harbour a chance to meet with Mr. Michaels. It could be put on the October 17, 1989 Agenda. Commissioner Hester seconded the motion which carried 3-2. Mayor Moore and Vice Mayor Olenik voted against the motion. Mayor Moore predicted we were following the same pattern as Tradewinds, where elected officials were buckling under to allgged political threats. He felt we would "pay through the!nose" for this. In Vice Mayor Olenik's opinion, this Commission has buckled under pressure from the developer because there had been a unanimous vote previously to maintain that corridor as a res%dentlal corridor. Apparently the DCA felt nothing incongruent in that in our Plan and did not object to that. Mr. Eisen stated they would be in attendance at the meeting in Golfview Harbour on Wednesday, October 4, 1989 at 7:30 P.M. This matter is to be scheduled for the October 17, 1989 Commission meeting. The Commission agreed it was not necgssary to readvertise this as interested parties were present. The Public Hearing on this matter has been closed. Mayor Moore called a brief recess at 7:30 P.M. The meeting resumed at 7:42 P.M. V. iPUBLIC AUDIENCE Joh~ Zaffarano, owner of Rumbottoms Restaurant, 2280 N. Federal Hwy, Boynton Beach addressed the Commission regarding a proposal to utilize the property immediately sou~h of his restaurant. Until the City decides what they wish to do with this parcel he would like to lease the pro- perBy for additional parking. He would also like to put "pa~k-type" amenities on the property which would be useful for!the general public and his customers. Reference was made to the parking problem on weekends along Federal Hwy. with boaters having to park along the street. He Stated the property is large enough that they could build into the lot an area for trailer parking. The ingress and egress for this parking would be through his parking lot. If the City gave him a 20 year lease, he would pay to pave the area. On a three year lease, he would shellrock it. 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 They would maintain the property and would be willing to pay $50,000 per year to use it, plus the cost of maintaining it and insuring it. He is interested in a three year lease with possibly a three year option to renew. Mr. Zaffarano stated he would assume the liability aspect if it were leased to him. Rumbottoms currently has 260 parking spaces. The occupancy limit is 1,008. Don Jaeger, Building Official commented Occupancy is calculated by exits. Parking is calculated by seats. Discussion took place regarding the fact that the City's property is already being used for overflow parking. Vice Mayor Olenik asked Mr. Rea about liability involved. If Mr. Zaffarano were to hold the City harmless, and we are the owner of the property, could we still be enjoined in a suit and be. responsible for any damages? Mr. Rea stated we would need a special liability insurance policy naming the City as a third party. They would have to get this and maintain it. The Vice Mayor questioned how we would know if it were maintained. Comments were made about the insurance company normally notifying the appropriate parties of Changes in status. The Vice Mayor was also concerned on whether the City had a problem with a "for profit type activity" being operated on its property. Mr. Hunt stated one of the things we would have to check would be the bond covenants. Currently our Ordinances do not require unimproved parking in the City. The Vice Mayor wondered how we would get around this. Mayor Moore felt if there is interest on the part of the Commission, they should authorize Mr. Hunt and Mr. Rea to meet with Mr. Zaffarano to discuss the proposal. Mayor Moore Asked if any of the Commissioners had any objections to looking into this? ~ommissioner Weiner stated the citizens voted to buy that land to use as a public park, not to rent it out for a use ~ike this. Until such time as we can get the capital improve- ment funds to work on this, she didn't think the City should ~ent it out to anybody. ~ Disagreement took place between Mayor Moore and Commissioner Weiner relative to letting the land lay fallo~ or leasing it out. Commissioner Wische's observation was that Mr. Zaffarano wanted to make a good portion of this a park. He wondered when we would ever be able to develop that property. He 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 referred to being "in the hole" on the City Hall renovation project and the Civic Center and being realistic. Commissioner Hester agreed the property was purchased through referendum but it is not being used. If it could be done legally and as long as the City is protected, he saw no reason why it shouldn't be investigated. It might be a long time before the City can put anything on the property. Vice Mayor Olenik didn't have any problem with checking into this proposal but he wondered if the Commission was being "snookered," because Mr. Zaffarano's comments were almost word for word the same as comments made to the Vice Mayor by a member of City staff. He took offense to an earlier remark by Mr. Zaffarano that he had not discussed this with anyone in the City. Until such time as an agreement is reached, the Vice Mayor stated he had a real concern with the liability involved in their using the property for overflow parking. Mayor Moore noted they do not have per- mission and they are basically trespassing, whether they are being "hassled" or not. Olivia McLean, Risk Manager commented this would fall under our General Liability Policy of which we have $25,000 in self insurance. Mayor Moore mentioned that about three months ago Mr. Zaffarano had discussed the general proposition with him on a Saturday morning. The Mayor passed the information on to Mr. Hunt and asked him to look into it. Mr. Hunt stated when Mr. Zaffarano spoke to him about this it was still while the project was under construction. At that time, Mr. Hunt advised him that when he was ready, to bring the idea before the Commission for consideration. Mr. Hunt was asked to meet with Mr. Zaffarano to see if this proposal is viable. He was asked to report back to the Commission at the next meeting. Elizabeth Jenkins, 711 N.W. 1st Street, Boynton Beach addressed the Commission regarding trimming of trees near power lines by Florida Power & Light. Workers attempted to trim the trees near her home but she wouldn't allow it because she doesn't approve of the quality of their trimming. Commissioner Wische stated he intended to visit the area as he was interesting in knowing whether trees were being "hatracked." Mr. Hunt stated the City could advise FPL to be more careful. Generally they are agreeable to working with us. Mrs. Jenkins also remarked that she had visited City Hall recently to pay her water bill. The lobby was full of 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 people buying beach decals. She was there about an hour attempting to pay her bill. She experienced difficulty because of the fact that she had cash and needed change. This took more time than simply presenting a check. Mrs. Jenkins was angry at the way she was treated. Discussion took place relative to placing a notice on the front door notifying citizens that they can also drop checks off at the Police Dept. to pay water bills, instead of standing in line. Mr. Hunt stated changes will be taking place in the next few days to improve the service-related concerns in this area. Shirley Jaskiewicz, 1917 S.W. 13th Avenue, Boynton Beach addressed a comment made by Commissioner Hester about his faith in the judgement of City Attorney Rea. She too has faith in Mr. Rea, but she did not think he was infallible and~she elaborated. Commissioner Hester stated Mr. Rea is thelCity Attorney and although there have been times when Commissioner Hester has not agreed with Mr. Rea, he will rely on his expertise and advice. Other comments were made. Mrs. Jaskiewicz wished to thank Commissioner Weiner publicly. She stated Commissioner Weiner had taken a lot of criticism and she wanted to thank her for the work she had done on behalf of the needy, the poor and the children in this City. She felt bad that part of the censure was because Commissioner Weiner attended a County meeting taking along a City employee. Thanks were extended to the entire Commission for managing to keep the tax rate in Boynton Beach down. Comments were made about County taxes rising at an astronomical rate. Mrs. Jaskiewicz wondered if our City could request the County to try to restrain spending to keep it more in line. Commissioner Wische made comments about how hard the Commission and staff had worked to cut this budget. Recently when he picked up the Palm Beach Post he read "City Taxes Went up 3.9 %." He didn't know where that figure came from. Two-thirds of Palm Beach County was not reassessed. Two-thirds of the people in this City will end up paying less money for their City taxes. We have no control over the County's taxes. Discussion took place. Commissioner Hester reminded Mrs. Jaskiewicz that it takes three votes for anything to happen in this City. One Commissioner is not able to do these things on their own. Henrietta Solomon, 230 N.E. 26th Avenue, Boynton Beach stated as an ordinary citizen, all she wants is good govern- ment. She stated she had never seen such conduct as is 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 being displayed by this Commission. She felt we were being made a disgrace in this County and the citizens were being disregarded. She stated the Commissioners seemed to be interested in personal vendettas and arguments. When the citizens go to the polls to vote, the Commissioners are com- mitted to accept their voice. She noted Commissioners are not all that powerful and should stop taking away the peoples' rights. Reference was made to two referendums at this meeting that Mrs. Solomon felt the Commission refuses to acknowledge. Comments were made about the property adja- cent to Rumbottoms. Mrs. Solomon did not think it should be leased for parking. She felt the Commission should listen to the voters. Gary Lehnertz, 619 S.W. 2nd Avenue, Boynton Beach stated he is disturbed and embarrassed at certain recent Commission actions. He referred to the censure and sanction of Commissioner Weiner. He stated Mayor Moore, Commissioner WisChe and Commissioner Hester each have many times casti- gated the newspapers for false and misleading reporting. Each has stated a person cannot believe everything they read in the papers. Mr. Lehnertz stated a member of the Commission had been censured and sanctioned on the basis of newspaper articles. Commissioner Wische responded the censure or the sanction were not based on newspaper reports. A letter was written to the Attorney General,s office. No one came to discuss what they were going to do. Compounding it, legal counsel waslsought outside and the party was told to write to the Att6rney General's office. The City has an attorney. He gave his version of what he thought was right or wrong at the time in connection with the Charter changes. That was not done because of the newspapers. There was also the incident about calling the Internal Auditor the "Mayor's spy." Mr. Lehnertz believed this was innuendo printed in theinewspaper. He also believed action taken tonight came from newspaper articles. Mayor Moore stated he didn't think he had ever said the new~papers lie or do not tell the truth. Disagreement took place between the Mayor and Mr. Lehnertz and the Mayor was upset at remarks made by Mr. Lehnertz. THE PUBLIC AUDIENCE WAS CONCLUDED. VI. DEVELOPMENT PLANS: A. Project Name: Agent: Boynton Beach Mall - Sears Addition Cormac Conahan, Esq. 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Description: 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. As noted at the beginning of this meeting, Mr. Conahan requested that this item be postponed until the October 1989 Commission meeting. 17, VII. LEGAL A. !Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 89-21 Re: Zoning Ordinance - Upholstery and Carpet Steam Cleaning Businesses (Continued to October 3, 1989) Interim City Manager Hunt stated research had taken place. They were satisfied that inspection procedures were available to enforce the Ordinance without rewriting it. Commissioner Hester moved to remove this item from the table andito proceed with second reading. Commissioner Wische seconded the motion which carried 5-0. Mr.!Rea thought second reading and the Public Hearing might have already taken place. Since it was not clear, the Commission proceeded with second reading and the Public HeaTing. Mr. Rea read proposed Ordinance 89-21 on second andifinal reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION A-ZONING. TO PROVIDE FOR UPHOLSTERY AND CARPET STEAM CLEANING iBUSINESSES AS A PERMITTED USE WITHIN THE C-3 AND M-1 DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY .ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Since there was no one who wished to speak in support of or in Opposition to this proposed Ordinance, THE PUBLIC HEARING WAS~CLOSED. Commissioner Hester moved to adopt Ordinance 89-21 on second and final reading. Commissioner Wische seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Commissioner Weiner - Nay Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Nay Commissioner Hester - Aye Motion carried 3-2. 2. Proposed Ordinance No. 89-25 Re: Annexation - Lake Worth Drainage District City Attorney Rea read proposed Ordinance No. 89-25 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES." As there was no one present who wished to speak in support of or in opposition to this Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to approve Ordinance 89-25 on second and final reading. Vice Mayor Olenik seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Motion carried 5-0. Commissioner Wische Aye Mayor Moore Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Commissioner Weiner - Aye 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA Ordinances - 1st Reading Proposed Ordinance No. 89-34 Re: Amending Conditions of Approval - High Ridge Center OCTOBER 3, 1989 of Original Rezoning City Attorney Rea read proposed Ordinance No. 89-34 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON 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." ~ity Attorney Rea explained this was a matter of Public Hearing at the last Commission meeting. This reduces a 25' Wide greenbelt to 10' ~ommissioner Wische moved to approve proposed Ordinance No. 89-34 on first reading. Vice Mayor Olenik seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk as follows: Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Motion carried 5-0. 2- Proposed Ordinance No. 89-35 ' Re: Scrivener's Error Amending Ordinance No. 89-10 ~ity Attorney Rea read proposed Ordinance No. 89-35 on first reading by title only: "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 LAND; PROVIDING THAT EACH AND EVERY OTHER TERM 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 A_N EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Olenik moved for the approval of proposed Ordinance 89-35 on first reading. Commissioner Wische 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk as follows: Vice Mayor Olenik - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Motion carried 5-0. 3. Proposed Ordinance No. 89-36 Re: Knollwood Groves City Attorney Rea read proposed Ordinance No. 89-36 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 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 L~ND USE INTENSITY OF 4.0 (PUD LUI = 4) BEING LOCATED IN THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (HW 1/4) AND THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) 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." Commissioner Hester moved for the approval of proposed Ordinance 89-36 on first reading. Vice Mayor Olenik seconded the motion. A roll call vote was taken by Betty Boroni, city Clerk as follows: Commissioner Hester - Aye Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 5-0. C. Resolutions None. 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 D. Other: 1. Estate of Mary G. Curley Bequeath to City of Boynton Beach Paramedics City Attorney Rea stated two gifts have been received from the Estate of Mary Curley. A $5,000 gift was bequeathed to the Boynton Beach Paramedics and a second $5,000 gift was left to the Fire Department. Commissioner Hester moved to authorize the Mayor to sign on behalf of the City as benefi- ciary. Vice Mayor Olenik seconded the motion which carried 5-0. 2. Consider approval of Water Service Agreements within Tropical Terrace a) James Kussler - b) Martin Kussler - c) ~elen Yakawiak - d) Fannie Zgorski & Georgie Roten - e) Ida Beaudoin - Lot 53 Lot 61, 62 and Lot 146 Lot 107 and 108 Lot 109 ½ of 63 Vice Mayor Olenik moved to approve these Water Service Agreements. Commissioner Wische seconded the motion which carried 5-0. Execution by appropriate officials was authorized. 3. FEC Beautification Lease Agreement City Attorney Rea stated we have the right to use some of FEC's property for beautification purposes. This will extend the boundaries of that Agreement as well. This will affect the northern and southern boundaries of the City on both sides of the FEC railroad. Vice Mayor Olenik moved for approval of the Agreement. Commissioner Hester seconded the motion which carried 5-0. 4. Children's Services Council Grant Agreement (Police) City Attorney Rea stated this Agreement has been reviewed and he could find no problem with it. This deals with the Police Dept.'s input. Commissioner Hester moved to authorize execution by the appropriate City officials. Vice Mayor Olenik seconded the motion which carried 5-0. 5. Independence One Mortgage Corp. vs. Overington Mayor Moore reported the City had received service in this matter. It appears to be a mortgage foreclosure action in which the City has been enjoined because they allegedly have 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 a claim under Code Enforcement on certain property. The Defendants listed are Anthony Overington, Goldome Credit Corp., Daniel L. Kaplan, M.D.P.A., Target Pension Plan and City of Boynton Beach. City Attorney Rea explained that whenever you get a mortgage foreclosure all the lien holders of record are required to be sued. Generally we admit that we do hold a lien. When it is foreclosed upon, any excess in the foreclosure amount, goes to pay off the lien holders. VIII. OLD BUSINESS A. Consider approval of application for Certificate of Public Convenience and Necessity - Previously TABLED Blue Streak Limo Service, Inc. 4735 W. Atlantic Avenue Delray Beach, Florida 33445 Interim City Manager Hunt asked that this item remain on the table. He inquired whether the Commission wanted a Public .Hearing and advertising on this item to inform the other carriers in the City and to determine public convenience and necessity. Mayor Moore believed the Ordinance required the Public Hearing. He stated he thought notice should be given the other carriers since they are directly affected. City Attorney Rea noted we may have a problem with our Ordinance. There is a distinction between licensed acts and a regulatory function. Reference was made to the way the Cities of West Palm Beach and Boca Raton handle these mat- ter~. Mr. Rea suggested this remain on the table until the nex~ meeting. Other comments were made. B. iStatus of North District Park (23 Acre Site) and !Rolling Green School Park Interim City Manager Hunt stated if the report which had bee~ prepared met with the Commission's approval, authoriza- tioh was requested to go out to bid. He noted there would be approximately $9,400 left over on this $2,300,000 pro- jec~. Vic~ Mayor Olenik moved to grant authorization. The motion was iseconded by Commissioner Hester and carried 5-0. C. iMedical Director's Contract Vice Mayor Olenik stated at the last meeting the Commission approved the Medical Director's Contract. On October 1, which is the day the Contract was to begin, it was discovered that the Medical Director had not agreed to the terms of this Contract. The Vice Mayor thought the Commission should 25 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 not receive a Contract during the negotiation stages. He felt approval had been premature and they needed to be more careful on legal documents that are being approved. Mr. Hunt commented that he thought a negotiated figure had now been arrived at. Commissioner Wische concurred with the Vice Mayor. IX. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Selection of Internal Auditor Mayor Moore referred to a letter which had been received by the Commission from Bernard Rubin, stating he would be willing to come back and complete his internal audit of the City Hall construction project. Commissioner Wische moved to accept Mr. Rubin's offer and empower him to proceed with the completion of the audit. Commissioner Hester seconded the motion. Vice Mayor Olenik stated as far as he was concerned, the Commission never authorized him to leave, so he had no problem with Mr. Rubin coming back. Mayor Moore commented that he hoped there would be no more internal memorandums to Mr. Rubin or employees saying they should not discuss matters he is investigating that are within the realm of hisiassignment. A vote was taken on the motion on the floor and the motion carried 5-0. 2. Code Enforcement Legislation Enacted MayOr Moore referred to recent legislation enacted that said there would no longer be any appeal to the City Commission on appeals to actions taken by the Code Enforcement Board. City Attorney Rea stated this new act goes into effect October 1 and will allow the Code Enforcement Board to do what the Commission does with regard to leniency on liens. Mr. Hunt didn't think it would preclude the Commission of fundtioning as a board of final appeals beyond the Code Enforcement Board. Mr. Hunt wished to correct something in those Minutes that Mr. iBlasie may not have been aware of. He stated the Commission has not made decisions regarding leniency on Code Enforcement Liens uninformed. They have been provided 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 detailed reports with a set of criteria that had been passed. None of those decisions were uninformed decisions. Discussion took place and Mr. Rea stated he would be checking into this legislation further. 3. One Step Permitting Procedure Mayor Moore referred to a one step permitting procedure which has been implemented in Lee County. Mr. Hunt stated he had copies of the program which will be forwarded to the Commission when they are ready to discuss the revisions on Chapter 19. Advertising for City Planner Mayor Moore thought the City should go ahead and make plans to advertise for this position since Mr. Annunziato will soon be leaving the City. Mr. Hunt stated Mr. Annunziato is still working on contract negotiations. As soon as a letter of resignation is submitted, Mr. Sullivan has been asked to begin advertising. Mr. Annunziato's anticipated date of departure will be at some point during the first part of this month, depending on how many days Mr. Hunt asks him to stay on to help finish up work on the Comprehensive Plan revisions that will come before the Commission on October 17,1989. 5. "Talking Pages" Phone Book Mayor Moore referred to the new "Talking Pages" Phone Book that had come out. He referred to multiple errors in listing outdated information as far as names of current City officials. Mr. Hunt was correctly cited as being Interim City Manager. Mr. Hunt was aware of the errors and stated a complaint had been registered. The listing was not reviewed by City personnel prior to publication. B. Items for discussion requested by Commissioner Arline !Weiner 1. ~Report on Boynton Beach Day Care Center Commissioner Weiner reported the Day Care Center had been expanded and donations of furniture for the reception area and ilobby are needed. They would like to have a trophy case, new clean cots, playground equipment and computers. The Commission was agreeable to having the Interim City Manager look into having Art in the Workplace provide pictures for their walls. Commissioner Weiner had asked the Memorial Tree Fund to donate a tree for the playground area. The Commission was agreeable to Booker Norfus of the Boynton Beach Nursery being contacted relative to planting a vine 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 on the chain link fence by the playground. Commissioner Weiner believed the variety was known as the "passion flower vine." The Commission approved of Mr. Hunt transferring some items of furniture left over from the recent move, for uselby the Center. The Commission agreed to the City's Carpenter constructing a trophy case for the lobby area. Relative to obtaining about 50 new clean cots for the children, Mr. Hunt stated this would be a County respon- sibility and Mr. Ed Rich's office could be contacted in that regard. C. Change in procedure for use of Revocable Permits to use Public Property Interim City Manager Hunt stated he had proposed a slight revSsion to this process which will make it a one time revoc- able permitting process rather than an annual process. The Commission does not give up any rights or assume any liability. This simply stops requiring the homeowner to come in annually and pay $12 to the City and $9 in the County, rec6rding the same document that we have on file. Commissioner Hester moved to implement the recommendation of Mr.iHunt. Vice Mayor Olenik seconded the motion which carried 5-0. D. iOne Stop Permitting for Movie and Television projects Vic~ Mayor Olenik requested that this item be deferred until the!next meeting as the gentleman involved could be here at tha~ time to answer questions. The Commission was agreeable. Mr. Two the and CITY MANAGER'S REPORT .City Engineer Nomination Hunt reported three candidates had been interviewed. of the applicants were running very close. The names candidates are Paul VanBuskirk of Punta Gorda, Florida Bob Dass from Princeton, New Jersey. References are beil~g checked and the selection committee will soon meet. dec.sion will be made shortly. 2. Police Benevolent Association - Contract of A Mr. IHunt reported the PBA had voted the night before and def~ated the City's Contract proposal. Mr. Hunt had been advised that it was mainly over the wage proposal. They are awa{ting word from the PBA as to the next step, which could be either to call for an Arbitrator or Special Master, or appearance before the City Commission. 28 MINUTES - REGULAR CITY COMMISSION BOYlqTON BEACh, FLORIDA OCTOBER 3, 1989 NEW BUSINESS E. Workers' Compensation Renewal Contract William Sullivan, Personnel Director reported this Contract was due on October 16, 1989. This year Mr. Sullivan was requesting that we ask for a two-year Contract which would bind administrative fees for next year's fiscal year. We are not under any obligation to keep that Contract. We can cancel it within 60 days of the expiration date which would be October, 1990. During the summer we could obtain quotes. If it seems competitive then we would keep it. If not, we could cancel it and there would be no obligation. The costs were $255,000 for a two-year Contract as opposed to $253,000 for a one-year Contract. The same company had our Contract last year. Technical discussion took place. Mayor Moore was uncomfortable making a decision involving so much money when the material had just been provided to him ~his evening. Mr. Sullivan apologized but the Proposal had just recently been received. Comments were made relative to the limited time available to make a decision and the fact that the coverage expires on October 16. Mr. Hunt assured the Commission that they had taken the most competitive quote and discussion transpired. Vice Mayor Olenik moved to approve the Workers' Compensation Contract for a period of two years. Commissioner Weiner Seconded the motion which carried 4-1. Mayor Moore voted against the motion. XI. ADMINISTRATIVE A. Draft administrative policy relative to building pro- jects under $100,000 - Previously Tabled The Commission chose to leave this item tabled. Be Consider replacement to fill alternate position on Building Board of Adjustment and Appeals - Term expires 4/91 - Appointment to be made by Commissioner Lee Wische (Previously Tabled) Vice Mayor Olenik moved that this item be removed from the ~able. Commissioner Hester seconded the motion which carried 5-0. Commissioner Wische appointed Patt Tompson to the position. There were no objections. 29 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 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 stated he has someone to appoint but he needs to check with the City Attorney first as the person is already serving on another City board. This item was tabled. Vice Mayor Olenik thought perhaps at the next meeting discussion could take place about the pool of people that have volunteered to serve on boards and avoiding appointing people to more than one board. D. Consider designating a voting delegate for the 1989 'Congress of Cities - Atlanta, Georgia Vice Mayor Olenik nominated Mayor Moore to be the City's voting delegate. The other Commissioners were agreeable. E. Approve nomination to the Environmentally Sensitive Lands Acquisition Advisory Committee Interim City Manager Hunt recommends appointment of Michael Rumpf from the Planning Dept. to this technical Committee. This Committee will be designating criteria on what is environmentally sensitive land and how it should be graded and~protected. Mayor Moore asked if there was any particular urgency to this appointment because he had heard there was going to be a suit filed tomorrow in this regard. Discussion took place. Vice Mayor Olenik moved to table this item. Commissioner Hester seconded the motion which carried 5-0. ADMINISTRATIVE G. Proposal to send staff member(s) to Charleston to review ~Hurricane Efforts It was noted the County had sent personnel to Charleston to collect data. The Commission didn't feel it was necessary to send City staff at this point. F. Short Listing of City Manager Candidates Commissioner Wische thought the best procedure would pro- bably be for each Commissioner to provide their five choices. A special meeting could be held to determine how to drop that down to the number of candidates they wish to interview. 30 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA OCTOBER 3, 1989 Since Commissioner Weiner was not going to be in attendance at the October 17, 1989 meeting, she had produced a list of her five choices and provided the list to City Clerk Betty Boroni. She requested that the Commission consider the list in her absence, at the appropriate time. She also asked that the Commission postpone making a final decision on the final choice for City Manager until the November 7, 1989 meeting. The Vice Mayor stated he didn't think they would be able to get the five people into town before that time. Commissioner Weiner will be back on November 6, 1989. Vice Mayor Olenik was not prepared to name his five can- didates at this time. Discussion took place. Commissioner Wische agreed Commissioner Weiner should be included in the final vote. ADJOURNMENT The meeting properly adjourned at 9:05 ATTEST: City Recording Secretary (Three Tapes) 31 Commits s loner 10. AGENDA October 3, 1989 A.O.B. IRfDERGROUND INC. Pay Est. #2 - P.O. 79646 - WXEL Sanitary Pumping Station & Gravity/Force Mains for period 8/1/89 to 8/31/89. Pay from Utility General Fund---403-000-0-691-10 Per bid 5/31/89, Com~nission approved 6/6/89 ABBA EQUIPMENT, INC. Shelving & Storage Units for Warehouse. Pay from Warehouse Fund---502-199-5-642-00 " " " " 502-199-5-318-00 Per bid 8/9/89, Commission approved 8/15/89 1086.20 1247.89 AVANTI INTERNATIONAL 12 Drums Duraflex, 4 Sodium Persulfate and 4 Catalyst T for Sewerage Collection. Pay from Water & Sewer Rev---401-351-5-430-06 Piggy back City of Boca Raton's Bid ALLIED LIME COMPANY Pebble Quicklime-HiCalcium for Water Treatment. Pay from Water & Sewer Rev---401-332-5-365-00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program - corrected statement for 9/1/89 thru 9/31/89. Pay from General Fund---001-135-5-482-00 CH2M HILL, SOUTHEAST FLORIDA OFFICE Professional services rendered regarding various Task Orders. Pay from Utility General Fund---403-000-0-690-10 DAVIS WATER & WASTE INDUSTRIES, INC. Rental Scrubber Lease for September, 1989. Pay from Water & Sewer Rev---401-352-5-499-00 DONALD A. DIAMOND Repairs to Variable Frequency Drive #1 on 7/25/89 for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-345-00 DOCTOR'S I~B, INC. 40 Samples @ $30.00 - #02022 Anti-HBS with Titer Research Tests. Pay from General Fund---001-135-5-460-01 EASR]t~N KODAK COMPANY IBM Series III Model 70 Copier - August & September billing. Pay from various departments. $ 41,782.50 2,334.09 3,544.00 10,975.38 1,250.00 14,548.08 4,500.00 t,041.00 1,200.00 1,774.54 COMMISSION OCT 8~ !989 APPROVAL 11. 12. 13. 14. i5. 16. 17. 1¸8. 19. 20. CHARLES FERGUSON ELECTRIC INC. Supply labor & material no install 3/4" conduit for speaker wires in Commission Chambers and Fire Station. Pay from Building Improve. Fund---304-194-5-640-23 FLORIDA DIESEL & MARINE SERVICE Repairs to Generator at Lift Station #309. Pay from Water & Sewer Rev---401-352-5-433-00 Connnission approved 8/1/89 FOUNTAIN MOTOR COMPANY 1 GMC S-15 Blazer for Utility Administration. Pay from Vehicle Service Fund---501-193-5-681-00 "State Contract #070-001-89-1" GREEN, EISENBERG & COHEN Professional services rendered - Southern Entertainment Co. vs. City of Boynton Beach. Pay from Genera] Fund---001-141-5-461-00 IBM CORPORATION P.O. 80390 - 14 Sheetfeeders for Proprinter XL24E $2548.00 and P.O. 80414 - 3 Emulation Boards - $1841.00. Pay from various departments. JONES CHEMICALS, INC. Chlorine for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 KRUSE, O'CONNOR & LING, INC, Actuarial valuation reporn for the Police Retirement Fund and individual Benefit Statemenn for each member. Pay from Police Retirement Fund---612-138-5-229-00 MAJOR APPLIANCES INCORPORATED Ice Machine w/storage bin for Utilities Administration. Pay from Water & Sewer Rev---401-391-5-671-00 "State Contract #740-650-89-1" NEWTON SEATING COMPANY, INC. Pay 90%($3,690.00) of Inv. 11681-GCC re: move shelving Boynton Public Library project, final payment due on completion of move. Pay from Building Improve. Fund---304-194-5-640-20 SCHLUMBERGER/NEPTUNE WATER Brass Water Meters - P.O.#78368 Broward County Bid C-12-87-23-12 for Meter Reading & Services. Pay from Utility Capital Improve.---404-334-5-651-00 SEPPALA & ANO Application #34 - Municipal Complex Phase II--_ Pay from various accounts.CC)MMIS$1ON OCT 8 1989 APPROVAL 1,500.00 3,450.00 14,026.00 1,840.00 4,389.00 2,748.00 5,556.00 3,414.32 4,100.00 24,959.00 52,537.78 22. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City portion(50%) Final payment for Odor Control Projecn Scrubbers Q & Q for $16,028.00 and Requisition NO. 7 and Requisition No. 8 - Master Plan - CDM for $1,580.19. Pay from Utility General Fund---403-000-0-691-20 17,608.19 23. SOUTH FLORIDA MACK TRUCK, INC. 1989 Mack Truck, Model MR690S w/33 cubic yard Peabody E-Z Pack solid waste compaction body model FLHC-80D-33, Front Load to replace vehicle destroyed by fire 7/31/89. Pay from Vehicle Service Fund---501-193-5-688-00 96,624.00 24. TRUCK PARTS SPECIALISTS Repairs to Sanitation ~98 Rear Axle Differential - price includes 6 months warranty on parts and labor. Pay from Vehicle Service Fund---501-193-5-432-00 t,900.00 25. VAN WATERS & ROGERS INC. 5 (1 gallon containers) Dursban, 5 containers and 15 (21/2 gallon containers) Roundup for Parks Dept. Pay from General Fund---001-722-5-361-00 "Co-op Bid Item" 1,217.40 26. WOODBURY CtiEMICAL COMPANY 30 gallon Aqna-Gro L and 25 gallon Blazon for Golf Course. Pay from Golf Course Fund---411-726-5-361-00 1,522.50 27. 28. ZIMMERMAN TREE SERVICE P.O. 80238 Base Bid - Clearing and Grubbing Future Park Site South of Rumbottoms Restaurant per bid specifications $8,500.00 and P.O. 80239 Alternates #1, #2, #3 #4 - Clearing and Grubbing Future Park Site South of Rumbottoms Restaurant and Demolishing Building - $19,300.00. Pay from Parks & Rec. Facility---641-000-1-472-00 Per bid 7/21/89, Con~nission approved 8/1/89 AGGIE KING Refund as paid for sewage capital fees when there is no sewage available at her address per Jo Powell. Pay from Utility Capital Improve.---404-000-4-435-80 27,800.00 1,180.00 These bills have been approved and verified by the department heads involved, checked and approved for payment. COMMiSSiON OCl 8 1989 APPROVAL Grad~. Swarm, Finance Director I therefore recon~nend payment of these bills. Geo *R/'FORM 8B MEMORANDUM OF VOTING CONFLICT FOR C,OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ADDRESS NAME oF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ ~ COUNTY ~ ~ OTHER [.OCA[. AGENCY WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES I :CTED OFFICERS: A 'pcrson 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 )kT WHICH Imf. VOTE WlLL BE TAKEN: " a should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~.c-Drding 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 DI'SCUSSION 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~ of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, C~f~ ~,~ ~ Df--.~ ~ , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or .: inured to the special gain of 0---4 5-0o~ C~ L- ~ (b) The measure before my agency and the nature of my it;terest in the measure is as follows: , by whom Yam retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §I12.317 (1985), A FAILURE TO MAKE AN~ REQUI~<~.~.~' DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE