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Minutes 09-19-89 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, SEPTEMBER 19, 1989 AT 6:00 P.M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Arline Weiner, 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. There Was a moment of silent prayer followed by the Pledge of Allegiance to the Flag led by Interim City Manager George Hunt. AGENDA APPROVAL On the Supplemental Agenda, under CITY MANAGER'S REPORT, F., Commissioner Wische wished to add discussion on Keys to City Hall. Under the same section, G., he wished to add ~iscussion on the former City Manager. Under H., he wished to add "Tribunal" 'nder ADMINISTRATIVE F., Vice Mayor Olenik wished to add discussion on setting a date for City Attorney review. Under NEW BUSINESS, A. 3., Commissioner Weiner wished to add a Report on the HRS Facility. She requested the removal of ~. 3., Safety Kleen at Quantum Park from the CONSENT AGENDA. t was to be considered under DEVELOPMENT PLANS C. instead. Commissioner Weiner requested that the Proclamations on National Education Day and Firefighter Memorial Sunday be read in their entirety. On the Supplemental Agenda, under CITY MANAGER'S REPORT, ~nterim City Manager George Hunt requested the addition of I. Status of Engineering Interviews, J. Ocean Ridge Access problem and K. Hurricane Preparedness. ~nder LEGAL, D. Other, City Attorney Rea wished to ~(!d 7. Mrotek Lawsuit Against City. Vice Mayor Olenik moved to approve the Agenda with the addi- tions and corrections. Commissioner Hester seconded the ~otion which carried 5-0. plaque in memory of Former Mayor Joe DeLong Mayor Moore received a bronze plaque from an anonymous donor which reads "Mayor's Office - Joe DeLong". He passed this along to Interim City Manager Hunt for the bench located on S. Federal Hwy. 1 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Proclamations a) National Education Day - September 20, 1989 City Attorney Rea read this Proclamation in its entirety. b) Firefighter Memorial Sunday - October 15, 1989 City Attorney Rea read this Proclamation in its entirety. d) Shrine Hospital Days - October 22 through November 5, 1989 Mayor Moore commented the three Proclamations would be exe- euted and distributed to the proper parties. ii. CONSENT AGENDA A. Minutes Minutes of Regular City Commission Meeting of September 5, 1989 Minutes of Budget Public Hearing Meeting of September 6, 1989 Bids - Recommend Approval - Ail Expenditures approved in the 1988-89 Adopted Budget are !. Purchase and Installation of Glass for Moveable Interior Walls The Tabulation Committee recommends awarding the bid to the iowest bidder, A. Rite Glass of Riviera Beach, Florida in ~he amount of $859.54. 5. One Aerial 100 ft. Telescopic Platform Fire Apparatus and i Chassis with 1500 GPM Pump and 300 Gallons of Water per William Sullivan, Purchasing Director's September 15, 1989 memorandum to the City Manager, award of the bid to Sutphen Corp. of Amlin, Ohio is recommended. for $449,586.00, alternate is $9,500.00. ~. Resolutions 1. Base bid is Proposed Resolution No. 89-PP Re: Final Plat and Retroactive Preliminary Plat Extension for Lawrence Lake, a P.U.D. (Lawrence Rd., North of N.W. 22nd Ave., South of Hypoluxo Road) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT AND A RETROACTIVE PRELIMINARY 2 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 PLAT EXTENSION FOR LAWRENCE LAKE, A P.U.D. IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST. 2. Proposed Resolution No. 89-QQ Re: Quantum Park Subdivision Approval A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBDIVISION (QUANTUM PARK AT BOYNTON BEACH); ACCEPTING THE DEDICATIONS ON THE PLATS; ACCEPTING THE MAINTENANCE RESPONSIBILITIES OF THE REQUIRED IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Proposed Resolution No. 89-RR Re: Quantum Park - Approving Workmanship and Material Agreement for the Subdivision A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE WORKMANSHIP AND MATERIAL AGREEMENT FOR THE SUBDIVISION (QUANTUM PARK AT BOYNTON BEACH); ACCEPTING MAINTENANCE RESPONSIBILITIES OF CERTAIN IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. D. Development Plans Project Name: Agent: Owner: Location: Description: Hunters Run Tract A "Southport" Charles N. Gilbert, Project Architect Summit Associates, Ltd. West side of South Congress Ave., between the L.W.D.D. L-28 and L-30 Canals PRELIMINARY PLATS: Request for approval of a replat of portions of Tracts 1, 2 and A of Summit Plat No. 1 in connection with conveyance of portions of the golf course to the Southport Condominium Association. The Planning and Zoning Board recommended approval of this ~equest, subject to staff comments. 2- Project Name: Agent: Owner: Location: Description: Hunters Run Tract L "The Woods" Charles N. Gilbert, Project Architect Summit Associates, Ltd. West side of South Congress Ave., between the L.W.D.D. L-28 and L-30 Canals PRELIMINARY PLATS: Request for 3 MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA SEPTEMBER 19, 1989 approval of a replat of portions of Tracts 14 and 15 of Summit Plat No. 1 in connection with con- veyance of portions of the golf course to the Woods Condominium Associates. The Planning and Zoning Board recommended approval, ~o staff comments. 3- Project Name: Description: subject Safety Kleen at Quantum Park SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for an expanion to the building and site (addition of lots 47D and 47C and a portion of 47B) ~ee DEVELOPMENT PLANS, 18 of these Minutes. page E- Consider approval to rewind 100 hp motor at Lift Station i ~356 The Purchasing Department concurs with the Utilities Department and recommends that the motor be rewound and ~earings be replaced by Electronics Inc., of Ft. Lauderdale In the amount of $1,173.00. F. Approval of authorization to dispose of records - City ~ Clerk's Office ~isposal authorization has been received from the State of ~lorida, Division of Archives on No. 180, stenographic notes Board and City Commission meetings (1/87 - 12/87). ~ommission approval is required prior to disposal. Consider approval of request for refund on Cemetery Lot 91, Block I, Boynton Beach Memorial Park Mary Bosworth has requested a refund on cemetery lot 91, Block I, Boynton Beach Memorial Park. The amount to be ~efunded is $60.00. Consider approval of Change Order No. 2 - East Wellfield Modifications ~er John Guidry, Director of Utilities, September 11, 1989 memorandum to Mr. Hunt, approval is recommended of Change Order No. 2, for minor revisions to the contract with Cook ~onstruction for a net increase of $2,537.61 and extension ~f time of 25 days. 4 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Consider approval of Annual Membership Fee for par- ticipation in the Florida Innovation Group beginning October, 1989 through September, 1990 The annual membership fee is $1,500.00. Commissioner Weiner asked if membership was really essential for the City? Mr. Hunt explained the function of the membership and the fact that the City has belonged for five years. The Commission agreed to pull this item from the Consent Agenda do they could discuss it. J. Consider approval of Occupational License Renewal Mailing Envelopes per William Sullivan, Purchasing Director's August 23, 1989 memorandum to Mr. Hunt, 10,000 Occupational License Mailers ~ould be purchased for $163.00 per thousand, or $1,630.00, from Better Business Forms, West Palm Beach, Florida. ~. Consider approval of Latchkey Program Building Lease Commission approval is required of a lease contract with SpaceMaster International, Inc. of Atlanta, Georgia, for ~ental of a portable classroom for the after-school Latchkey program at Rolling Green Elementary School. The agreement ~otals $8,756 and includes lease costs, setup, delivery and eventual breakdown for the 24' x 36' portable building. Commissioner Hester thought it was unfortunate that the Rolling Green principal could not provide space for the program. It seemed to him that there should have been ade- quate space available for the program after 2:00 P.M. each day. Vice Mayor Olenik agreed and made reference to a letter sent ~y Mr. Hunt to Susan Pell of the School Board. Mr. Hunt oted a response has not been received by the City. Vice ~ayor Olenik thought the School Board should be pushed a little. Commissioner Weiner noted registration has begun for the program scheduled to commence October 1, 1989. She ~as concerned that since it had not been approved, the ~rogram might not begin October 1. Vice Mayor Olenik thought "press pressure" could be useful in this instance. Me felt if this was approved now, the School Board would not ~upply the City with what has been requested. The Commission chose to defer this item until a response is received from Susan Pell. Conside,r approval of Master Plan 12" watermain crossing along Military Trail, crossing S.W. 15th Ave. (Entrance to Indi:an Spring) 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 As outlined in John Guidry, Director of Utilities' memoran- dum to Mr. Hunt dated September 13, 1989, a purchase order to Johnson-Davis, Lantana, Florida for $5,900.00 is recom- mended in order to proceed with necessary work on the 12" watermain. M. List of Payments - August, 1989 ~ee List attached to the original copy of ~he Office of the City Clerk. ~. Consider renewal of Emergency Medical ' Contract these Minutes in Service Director APproval is required for renewal of the Emergency Medical ~ervice Director Contract for the next year with Dr. William effrey Davis. Q. Approval of Bills See List attached to the original copy of these Minutes in ~he Office of the City Clerk. Relative to the bill from CH2 M HILL for $57,808.36, Mayor Moore commented he would like to have some backup material On this. Mr. Hunt stated the Commission would receive a Synopsis of all Task Orders approved to date at the Utilities Workshop on September 25, 1989. John Guidry ~tated we are now at Task Order No. 14 and all of those are ~oving forward simultaneously. Mayor Moore asked about the bill from Spillis Candela & ~artners, Inc. in the amount of $12,313.00 in connection ith the Multi-purpose Recreation Building. He wondered if ~hey are continuing to draw the plans the way they were ~lanned previously? Charlie Frederick responded this was ~or work done prior to the last time this topic was ~iscussed. Mr. Hunt stated they are redesigning downward to ~eet the City's budget. They have been asked to prepare a list of cuts, based on recommendations we made that will ~ring the project back to 4.2 million dollars. Relative to the bill from Paul Turk, Jr. for $4,260.00, in ~onnection with the Morey's Loung~ Litigation, the Mayor remarked in the future he would like to have an hourly rate ~oted as well as the basis for the charges. ~ommissioner Weiner moved to approve the Consent Agenda with ~he addition of the Resolution as well as the addition ~f the Solid Waste Authority Bill on the Supplemental Agenda, in the amount of $138,735.32. Commissioner Hester seconded the motion which carried 5-0. 6 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA III. BIDS A. Knuckle Boom Crane SEPTEMBER 19, 1989 - (Previously TABLED) Interim City Manager Hunt asked that this item remain TABLED. B. Award of re-negotiated low bid for Fire Station Interim City Manager Hunt stated this had been renegotiated and the financing concept was approved at the last Budget ~earing. A vote was never taken to reaward that new low bid Of $1,805,000, less the $240,000 worth of cuts made in the project. We will have an 8-stall pistol range. Four of the Stalls will have equipment in place. The other 4 will follow. The Multi Purpose Room, Social Services offices and drive-in window will be shelled. Mr. Hunt stated the eontractor needs 300 days. Some Commissioners thought that deemed like a long period of time. Mr. Hunt responded there ~s a significant amount of site work to be done as well as ~he two separate buildings. The Vice Mayor stated he would iike some sort of written justification from the contractor at the next meeting as to why this would take 300 days to ~omplete. The contractor is Wicole Construction Corp. Mayor Moore stated he did not want to see any Change Orders, over-runs or low-ball bidding on this project. Commissioner ~ische stated he would like to be furnished with the bid ~rocess. Mayor Moore made it clear he wanted the architects ~o give the City a set of plans that completely comply with ~ode. Any deviations from Code that they bring in later and ~ry to get the City to pay for, due to their mistakes, will ~ome off their end. Vice Mayor Olenik moved to award the Fire Station %3 pistol ihange project to Wicole Construction of Florida, Pompano each, Florida. Commissioner Hester seconded the motion ich carried 5-0. V- PUBLIC AUDIENCE ~omments on Internal Auditor Bernard Rubin ks. Dianna Hedrick, 100 Miner Rd., Boynton Beach addressed he Commission relative to Internal Auditor Bernard Rubin. r. Rubin volunteered to straighten out the records on the City Hall construction project and was called a spy. She felt Mr. Rubin's CPA record as a citizen spoke for itself. She thanked Mr. Rubin for his efforts publicly. Vice Mayor Olenik stated for the benefit of the press that he never called Mr. Rubin a spy. He did not really approve 7 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 of the way the selection process was handled. He felt there Was an appearance problem at the time Mr. Rubin's name was recommended to the Commission. There was a lot going on at that time with respect to the Commission and the City Manager's office. The Vice Mayor was in the minority and lost. After he lost, he publicly stated he would support ~he projects given Mr. Rubin and what he was doing for the ~ity. The Vice Mayor did not feel press coverage was clear on this point. ~ayor Moore stated Mr. Rubin came forward as a volunteer ~itizen to work on an in-depth report, at no cost to the ~axpayers. The Commission had not been able to glean this ~nformatlon from staff. The Mayor personally thought the verruns would exceed a million dollars. The Mayor noted he Vice Mayor did originally question the scope of Mr. Rubin's authority. Once Mr. Rubin was appointed, however, ~he Vice Mayor did not call Mr. Rubin a spy. The Mayor ~hought that point should be cleared up. ayor Moore stated he personally wished to apologize to Mr. ubin for the "shoddy" treatment he received and the libelous or slanderous statements made about him. The Mayor did not blame him for not wanting to continue to ~erve. He felt serious damage had been done to any ~ualified volunteer that is willing to provide their ser- ,ices for the benefit of the City. The Mayor hoped the City [id not get involved in any suit, if one is filed, under the ~heory of responding to superiors, that Commissioner Weiner ~as acting on behalf of the taxpayers of the City. lensure of Commissioner Arline Weiner [ayor Moore stated the Commission voted 4-1 that it did not ~ish to get involved in the abortion issue. Subsequent to ~hat action, Commissioner Weiner proceeded to write in the ~apacity of a Commissioner, to various people on City sta- tionery in support of her position. Reference was made to ~ommissioner Weiner taking a member of City staff with her ~n a trip in connection with a Childrens' Task Force.~ The layor stated the topic of a Childrens' Task Force ha~ not ~ome before the Commission for discussion. This pro~ram has lot been adopted by the Commission and the Mayor fel~ this ~as inappropriate. The Mayor stated Commissioner Weiner had ~ritten directly to the Attorney General of Florida which ~as a violation of procedure and should not have been done. ~eference was made to Commissioner Weiner "coveting" an ~xpensive briefcase which was purchased with tax dollars. in view of these things, the Mayor felt there had to be a 'reining in" of reckless conduct which, in his opinion, brings ill publicity to the entire Commission. The gavel 8 MINUTES . REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 was passed to Vice Mayor Olenik. Mayor Moore moved that Commissioner Weiner be censured because of these actions, with the penalties that go with it. Commissioner Hester seconded the motion. Commissioner Weiner felt she should have an opportunity to respond to these charges. She requested the Commission table the censure motion until she is able to gather her ~orces and respond to this in writing. She objected to the ~ommission doing this without any notice and stated the Charges were baseless. Commissioner Weiner stated that her opposition to changing ~he Charter of the City by a majority vote of the Commission Stems from her response to the legitimate concerns of citi- zens of the City who have contacted her about their opposi- tion to the manner in which these changes are being made. Citizens have expressed their fears to her. Since this is a legal matter, she had contacted two separate attorneys who are experts in municipal law. She received the same advice ~rom both of them. She has followed their legal advice to ~he letter. In spite of the Mayor's remarks, she wished to assure her fellow Commissioners and the citizens that she ~onsiders her actions to have been prudent and responsible. She stated she does not take her responsibilities as a Commissioner frivilously and feels duty bound to represent those citizens who take exception to having the City Charter changed without their input. She cannot change her conscience to fit current fashion. Commissioner Weiner stated she had intended to request the dommission again to table the two Resolutions on the City ~harter until such time as they hear from the Attorney General. Commissioner Hester felt when the Commission votes on an %ssue, it is final. Reference was made to Commissioner Weiner writing to the Attorney General. In addition to that She sent him something from the City that the Commission ~idn't know anything about. They had been working on it and ~ad not received a report. Commissioner Hester felt it was ~nappropriate for Commissioner Weiner to have done this. ~ommissioner Hester felt a person could question anything ~hey chose to, but once the Commission makes a decision, it was not right to do something like that. Commissioner Hester stated he hated to take this action but felt it would ~traighten out matters. Commissioner Wische stated the Commission voted and Commissioner Weiner was in the minority. He felt it was okay for her to have spoken to the outside attorneys. He did not feel it was acceptable, however, to not come back to 9 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 the Commission to advise them she had sought outside coun- sel. He felt discussion should have taken place. Instead, Commissioner Weiner wrote to the Attorney General. The letter was bad in itself. He felt it was even worse when Commissioner Weiner informed them about a matter the Commission had not been given any information on. They had not even discussed it. The implication was telling him how wrong the Commission was. He felt Commissioner Weiner had ~aken it upon herself to decide the Commission had made a decision on it. He felt this was out of line. Vice Mayor Olenik stated in defense of the argument that one ~s innocent until proven guilty, he would like to give ~ommissioner Weiner an opportunity to respond to the allega- tions, at which time the Commission could make a decision. There have been other opportunities on the Commission where the minority did not agree with what the majority had voted On. Those issues have been brought up at subsequent meetings after a vote had been taken and we have not moved ~o censure other Commissioners because of that. That is the Only allegation that had occurred that he was aware of pre- Viously. He would like to set a date certain for some sort ~f a written or oral response from Commissioner Weiner at which time the Commission should act. Mayor Moore felt Commissioner Weiner's conduct had been reckless and hurt the entire City, including the members of the Commission. The Mayor didn't think the Attorney General would respond to the letter. He stated the procedure is %hat our attorney has to request the opinion of the Attorney General. city Attorney Rea stated generally the City's Attorney would write on behalf of the Commission. 5egislators get special privileges. He stated he really heeded to research whether individual Commissioners could ~rite for opinions. Generally it was not the case. The Mayor felt the worst thing was that Commissioner Weiner had referred to Bernard Rubin as the Mayor's spy. He felt ~his was totally reckless conduct and he questioned her ~otivation in doing that. He felt she had driven out a man who was trying to assist the Commission. ~ommissioner Weiner felt the Mayor was speaking about a ~ewspaper article, the content and timing of which she had ho control over. No one can control the press. A vote was called on the motion currently on the floor to censure Commissioner Weiner. The motion carried 3-2. Commissioner Weiner and Vice Mayor Olenik voted against the ~otion. The gavel was returned to Mayor Moore. At the very end of the meeting it was clarified that this action was taken to bring to Commissioner Weiner's attention 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 something the majority of the Commission felt should be brought to her attention. No sanctions are intended. IV. PUBLIC HEARING ae Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Rd. extended, southeast corner ABAI~DONMENT: Request for the abandonment of an 80 ft. wide collector road (Citrus Glen Dr.) Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Rd. extended, southeast corner ABANDONMENT: Request for abandon- ment of 60 ft. wide local street (Citrus Avenue) DEVELOPMENT PLAN Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Road extended, southeast corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the expansion of the private security system A. Citrus Glen Planned Unit Development - Master Plan Modification - (Listed on Supplemental Agenda) The Commission chose to address all four of these requests on Citrus Glen, rather than discuss them separately at dif- ferent points throughout the meeting. Jim Golden, Senior Planner explained both the Planning and Zoning Board and staff recommend approval of the abandonment of Citrus Ave. The Planning Dept. recommends the Commission make a finding of no substantial change for the Master Plan modification and that this be forwarded to the Planning and Zoning Board for final resolution. 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 With regard to Citrus Glen Drive, staff recommends this road not be abandoned as it would be inconsistent with stated policy in the 1986 Comp. Plan Evaluation and Appraisal Report and would not be desirable from a public service standpoint, concerning the provision of emergency services. The Planning and Zoning Board has recommended this request be approved. Regarding the site plan modification for the expanded security system, approval is contingent upon the abandonment ~f Citrus Glen Drive, as the Subdivision Regulations prohi- bit guardhouses within public right-of-ways. The Planning ~nd Zoning Board recommends approval of the site plan modi- fication. Mr. Golden stated if the Commission choses to approve these ~equests, it is recommended they be approved, subject to ~taff comments where necessary. Discussion took place. If the people in this community want a private street and it is allowable, Commissioner Hester dould see nothing wrong with it. Commissioner Wische asked Mr. Golden about the Police and Fire Dept. access. He asked about a system being devised whereby they would not be impeded from getting into the ~oad. Mr. Golden believed the desire of those departments Was to keep it open but they could live with a security system as long as the system met the City's specifications. lnterim City Manager Hunt commented there are currently two developments in the City that have one entrance with a Security gate. The City has devised a set of criteria for ~he installation of such a gate that allows dispatch to have automatic control over it and it also allows for automatic Opening of it during a power outage. Commissioner Weiner had no problem with the residents Wanting a private road and security. She had hoped we could ~ry to reach a compromise which would give them a private road and give the Police and Fire Depts. the access they need. Mr. Delfin Menendez explained the Commission had previously ~endered approval for another section of the project. The Southern part of the project has been left without security. Mr. Felix Granados, Jr. General Partner of Citrus Glen ~ished to clarify a few facts. He made remarks about the history of the project and stated he has been trying from the beginning to provide security to Citrus Glen. He explained the reasons why the residents need the private 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 road and security system. Comments were made about traffic flow and crime. Commissioner Weiner asked what separates Citrus Park from Citrus Glen? Mr. Granados responded the houses back up to each other. In the future, they will be putting a fence through to separate. Emergency access is being provided there and Mr. Menendez referred to an agreement that part of the condition for approval of Citrus Park would be the emergency connection. This would also be used as a pedestrian walk to the school. There will be a 20' easement With pavers where grass grows in between. It will look like a landscaped street between the two developments. Mr. Granados stated this road does not need to be public. Miner road is right next to it and he elaborated. He referred to page 193 of the 1986 Land Use Plan. He ~xplained how two sentences were taken out of context in his Opinion. He feels they are consistent with the 1986 Plan and the new Plan. Mr. Granados distributed a copy of a letter from Lieutenant Hammack who helped him design the system. The letter endorsed this design and stated it would deter crime. Access is to be provided to emergency vehicles. there, but they would like to be able to control that they feel does not belong there. The road is traffic Mr. Granados stated there is no public opposition to these requests. He produced 100 signatures on Petitions, signed by homeowners in support of the requests. Mr. Roger Saberson representing Boynton Nurseries commented ghat Mr. Granados had indicated they are agreeable to the ~mergency access between the two projects of Citrus Park and Citrus Glen. Later on the Agenda, one of the conditions for their project is that there be access between the two pro- jects. He would request that that also be a condition for ~his proposal so there would be reciprocal conditions. Mayor Moore stated they were agreeing to that. Mayor Moore asked if there was anyone present who wished to ~peak in support of or in opposition to the requests? There Was no response from the audience. The Vice Mayor stated there had been discussion about the agreement to a single homeowners association. He wanted to ~now if this was still agreed to? Mr. Granados responded affirmatively. 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Motions Vice Mayor Olenik moved that the abandonment of Citrus Glen Drive be approved, subject to staff comments as well as the comment about a single homeowners association. Commissioner Hester seconded the motion which carried 4-0. Mayor Moore abstained. Commissioner Hester moved to approve the abandonment of Citrus Avenue. Commissioner Wische seconded the motion which carried 4-0. Mayor Moore abstained. A color rendering of the guardhouse was viewed. Vice Mayor Olenik moved that the site plan modification for Citrus Glen with the addition of the guardhouse be approved. Commissioner Hester seconded the motion which carried 4-0. Mayor Moore abstained. Vice Mayor Olenik moved for the approval of the Master Plan Modification for Citrus Glen Planned Unit Development on the recommendation of no substantial change. Commissioner Hester seconded the motion which carried 4-0. Mayor Moore abstained. Memorandum of Voting Conflict is on file in the Office of the City Clerk, in connection with the Mayor's absention on these motions. Mayor Moore called a brief recess at 7:15 P.M. The meeting resumed at 7:25 P.M. V. PUBLIC AUDIENCE A. Presentation of Certificates to Boynton Beach Little League Girls Softball Team. Wilfred Hawkins, Acting Assistant to the City Manager/Ombudsman explained this is the first girls softball team from Boynton Beach to make it to a major State softball competition tournament. The team took third place and congratulations were extended. Mayor Moore presented Certificates to each of the 14 girls and the two coaches. VI. DEVELOPMENT PLAN Project Name: Agent: Description: Boynton Beach Mall - Sears Addition (Postponed to 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. department store and a change in parking lot layout and design. Mayor Moore noted this matter is being deferred until the next meeting. 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 IV. PUBLIC HEARING Project Name: Agent: Owner: Location: Description: The High Ridge Center Roy Barden Max Schorr, Trustee High Ridge Road at Miner Road extended, southwest corner REZONING: Request for amendments to conditions imposed at time of rezoning to M-1. Jim Golden, Senior Planner explained staff recommends appro- val, subject to comments. The Planning and Zoning Board is ~eferring to staff recommendations. The applicant has indi- Cated agreement. Mayor Moore asked if there was anyone present that wished to SPeak in support of or in opposition to this request. There Was no response from the audience. Commissioner Hester moved to approve the request. Vice ~ayor Olenik seconded the motion which carried 5-0. V. PUBLIC AUDIENCE Ms. Stella Rossi, 625 Whispering Pines Rd., Boynton Beach addressed the Commission relative to the article in the September 19, 1989 issue of the Palm Beach Post on the Ocean Ridge hammock. If what the article says is true, she is quite disturbed at the suggestions of some Boynton Beach officials and by the County Parks Dept. relative to disturbing the hammock with walkways and parking. Ms. Rossi referred to a possible parking station with shuttle service to the beach. She hoped the City officials' thinking would be altered from destruction to preservation of native Florida. Dee Zibelli, 440 Ocean Parkway, Boynton Beach addressed the Commission relative to Internal Auditor Bernard Rubin. She stated because of two Commissioners' vocal interference, the internal Auditor was rendered useless. He was referred to as a bookkeeper and a spy for the Mayor. She felt he was harrassed by the newspapers and at City Hall. This has robbed the citizens of needed information. Ms. Zibelli referred to the fact that Ernst & Whinney audits the books only once a year. She referred to a September 13, 1989 article by the Sun Sentinel which stated Ernst & Whinney were being sued by the City of West Palm Beach because they did not bring irregularities to the board and the City Manager in connection with a $6,000,000 loss of legal investments. She asked, 1) That Commissioner Weiner and Vice Mayor Olenik publicly apologize to Mr. Rubin from the 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 dias. 2) That Commissioners remember the majority rules in democracy. 3) That the City hire an independent auditor. Mayor Moore asked Interim City Manager Hunt to put the topic of consideration of selection of Internal Auditor on the next Commission Agenda. Commissioner Weiner noted that before the next Commission meeting they would be approving the City budget. She ~hought Mr. Hunt should be given direction to find room in ~he budget for salary for a City Auditor if that is the desire of the Commission. The millage cannot be raised. Discussion took place and Mr. Hunt referred to a recommen- dation in the budget for a $10,000 line item in the ~ommission budget for "Projects by an Internal Auditor." Mayor Moore thought this person should be an independent contractor. There was agreement. Mr. Hunt will come up With something on this. IV. PUBLIC HEARING Project Name: Agent: Owner: Location: Description: Knollwood Groves Urban Design Studio Knollwood Groves, Inc. East side of Lawrence Road, south of Hypoluxo Road REZONING: Request for rezoning from AG (Agriculture) to R-1AAA (Single-Family Residential) to a Planned Unit Development with a Land Use Intensity = 4 (PUD with LUI = 4). Jim Golden, Senior Planner explained the boundaries of the site. Concerning the Comprehensive Plan, approval of this rezoning is contingent upon the adoption of the 1989 Comprehensive Plan which will show the land use for the por- tion of the site owned by Knollwood Groves as low density residential. Current land use is agricultural. Mr. Golden referenced the Master Plan layout and design and made com- ments on the two collector roads. He noted there are two residential tracts. Tract A is multi-family with 389 dwelling units. Tract B is single-family with 150 dwelling units. A day care center will occupy a one and one-half acre site. ~e referred to a five acre public park which is immediately west of a four acre park in the Meadows, creating just over a nine acre park. There will be a pri- vate recreation area of about three and one-half acres in the multi-family tract. Reference was made to a request for 50% credit of the Parks & Recreation dedication fee for the multi-family tract. 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 The recommendations from both the Planning and Zoning Board and the Planning Dept. is for approval. The Planning and Zoning Board is recommending the developer not be required to phase the project according to the availability of road capacity which would be consistent with County Ordinance, Traffic Ordinance and the 1986 Evaluation and Appraisal Report. The Board is recommending the Commission approve the road package proposed by the developer which would be less'than that required from the County. Discussion took place and Mr. Golden remarked the Evaluation and Appraisal Report recommends that the City coordinate with the County and if phasing is necessary that it be done ~o meet the capacity. Comments were made about the County Qrdinance which has not been adopted yet in municipalities. Mr. Golden stated right now we are relying on our Comprehensive Plan which still requires coordination with the County's rules and regulations. Mayor Moore wondered if the words "we shall" or "we may" are 9sed in our Comprehensive Plan. He didn't see the justifi- Cation of trying to invoke an Ordinance that is not even in effect yet. Carmen Annunziato, Planning Director responded the 1986 Plan still requires that we implement Level of Service C. We are not really talking about defiance of the County's Ordinance which is proposed. We are talking about consistency with ~he County's standards which currently exist, which would ~equire phasing of this project. The applicant has proposed 9 mix of roadway improvements which would impact and benefit ~he roadway systems in this area and would not be consistent With the County's standards. The Planning Commission did hot agree with staff's recommendations in this regard. ~r. Annunziato felt this is a good plan and noted the planning and Zoning Board crafted a recommendation which Concerns Miner Road. It helps the City overcome a problem ~hat it has with respect to a bond we are currently carrying ~or what amounts to a missing link. Discussion had taken place with the County's Traffic Engineer about directing the ~alue of the road impact fee to a specific link. Mr. nnunziato stated Boynton Beach cannot direct dollars to a ounty roadway improvement and then have the County auto- ~atically agree that is how they are going to implement ~heir road impact fee. The road impact fee is the County's. ob Basehart with Urban Design Studios discussed various enefits of approval of the request. He stated they would participate in the funding of the missing link of Miner Rd. Mr. Basehart stated they had attempted to meet with County staff to discuss the issue of committing the monies this 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 developer is agreeing to provide for the project to certain roadway links. Catching up with County Engineering staff has proved difficult but next week a meeting is proposed to work out details. He stated the County has agreed, as a part of the development approval, to commit monies for cer- tain roadway links to relieve the impact of the development on the system. Comments were made about the roadway perfor- mance issue and build-out which is approaching. Mr. Basehart stated they had made all the design changes Staff has requested and he explained the specifics. Technical comments were made by Mr. Annunziato regarding Meadows Blvd., links and right-of-ways. He stated the con- ~ecting link, adjacent to the park is a 60 ft. right-of-way. Density was addressed. Mr. Basehart commented the overall density of the project is about 4.5. Mayor Moore asked Mr. Basehart whether phasing would kill the project? Mr. Basehart responded affirmatively. An unidentified gentleman in the audience asked about water and sewage from all this new development. He stated there is already a water shortage. Mr. Annunziato stated there is Ample capacity in the utilities system to serve this pro- perty. The utility systems on this site will be sized and Configured to serve the adjoining properties without the addition of more than one lift station. ~ayor Moore asked if there was anyone else in the audience who wished to give input? There was no response. Motion Commissioner Wische moved to accept this request for ~ezoning from AG and R-1AAA to a PUD in accordance with the ~lanning and Zoning Board's recommendations. Commissioner Hester seconded the motion which carried 5-0. Mr. Basehart clarified there will be a public park area in ~his development in addition to the private recreation area. VI. DEVELOPMENT PLAN Project Name: Agent: Owner: Location: Description: Safety Kleen at Quantum Park Delfin F. Menendez - Enrico Rossi Safety Kleen Corporation West of Interstate 95, between Miner Road extended and the Boynton (C-16) Canal SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for an expansion 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 to the building and site (addition of lots 47D and 47C and a portion of 47B) This item was removed from the Consent Agenda at the beginning of the meeting so it could be discussed indivi- dually. Commissioner Weiner asked if this modification was also for the expansion of the storage tanks? Mr. Delfin Menendez responded negatively and stated the proposed change would be Only to expand the office area. Mr. Annunziato stated the Planning and Zoning Board recom- mended approval, subject to staff comments. The developer agrees to staff comments. Commissioner Hester moved to approve the amended site plan to allow for an expansion to the building and site. Commissioner Wische seconded the motion which carried 5-0. VII. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 89-21 Re: Zoning Ordinance - Upholstery and Carpet Steam Cleaning Businesses - (Continued to September 19, 1989) Interim City Manager Hunt asked that this be continued Another meeting while the environmental study is done. Commission agreed. The 2. Proposed Ordinance No. 89-23 Re: Noise Control City Attorney Rea read Proposed Ordinance No. ~econd and final reading by title only. 89-23 on A~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE "CITY OF BOYNTON BEACH NOISE CONTROL ORDINANCE" SECTION 15-8.5 NOISE CONTROL-PROHIBITED ACTS AND SECTION 15-8.6 SAME-EXEMPTIONS TO PERMIT CERTAIN MUSICAL INSTRUMENTS AS EXEMPT DURING CERTAIN HOURS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15 NOT SPECIFICALLY AMENDED HEREIN 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. 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 AS there was no one in the audience who wished to speak in favor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve Proposed Ordinance No. 89-23 on second and final reading. Commissioner Wische seconded the motion. Vice Mayor Olenik noted there had been some concerns at the last meeting about the verbiage. Mr. Rea noted he had looked at the language and it is okay. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Weiner - Aye Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Motion carried 5-0. 3' Proposed Ordinance No. 89-24 Re: Newsracks City Attorney Rea read Proposed Ordinance No. 89-24 on Second and final reading by title only. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, ARTICLE VI NEWSRACKS, SECTION 15-88 ENFORCEMENT OF NEWSRACK PROVISIONS, TO PROVIDE FOR REMOVAL OF NEWSRACKS AFTER NOTICE AND HEARING; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 15 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. As there was no one in the audience who wished to speak in ~avor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Olenik moved to approve Proposed Ordinance No. 89-24 on second and final reading. Commissioner Wische ~econded the motion and a roll call vote was taken by Betty ~oronl, City Clerk, as follows: Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Commissioner Weiner - Aye Motion carried 5-0. 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Proposed Ordinance No. 89-25 Re: Annexation - Lake Worth Drainage District City Attorney Rea advised this should be deleted from the Agenda as the City needs to advertise two more weeks. 5. Proposed Ordinance No. 89-26 Re: Amending Article IV Pensions for Firemen City Attorney Rea read Proposed Ordinance No. 89-26 on second and final reading by title only. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYle- TON BEACH, FLORIDA, AMENDING CHAPTER 18 PENSIONS AND RETIREMENT, ARTICLE IV PENSIONS FOR FIREMEN; BY PROVIDING FOR THE SEX NEUTRAL IDENTIFICATION OF THE PROFESSION AS FIREFIGHTERS; AUTHORIZING THE MUNICIPAL CODE CORPORATION TO MAKE ALL OF THE APPROPRIATE CHANGES TO REFLECT SAID DESIGNATION; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 18 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. As there was no one in the audience who wished to speak in favor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve Proposed Ordinance No. 89-26 on second and final reading. Commissioner Wische seconded the motion and a roll call vote was taken by Betty Boroni, City Clerk, as follows: Mayor Moore Vice Mayor Olenik Commissioner Hester Commissioner Weiner Commissioner Wische Motion carried 5-0. Aye Aye Aye Aye Aye 6. Proposed Ordinance No. 89-27 Re: Insurance Prerequisite to License or Registration City Attorney Rea read Proposed Ordinance No. 89-27 on second and final reading by title only. 21 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYN- TON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF SAID CITY, SPECIFICALLY CHAPTER 13, ARTICLE II, SECTION 13-37. INSURANCE PREREQUISITE TO LICENSE OR REGISTRATION, TO REQUIRE PROOF OF WORKERS COMPENSATION INSURANCE; PROVIDING THAT EVERY OTHER PROVISION OF CHAPTER 13 NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. As there was no one in the audience who wished to speak in favor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to approve Proposed Ordinance No. 89-27 on second and final reading. Commissioner Hester seconded the motion and 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. e Proposed Ordinance No. 89-28 Re: Amending Chapter 2, Administration Article II, City Manager City Attorney Rea read Proposed Ordinance No. 89-28 on second and final reading by title only. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, CHAPTER 2. ADMINISTRATION ARTICLE II, CITY MANAGER; BY REPEALING IN ITS ENTIRETY SECTION 2-28, REMOVAL OR SUSPENSION; AMENDING SECTION 2-29. ATTENDANCE AT COUNCIL MEETINGS TO CLARIFY THOSE RIGHTS GRANTED TO THE CITY MANAGER; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. As there was no one in the audience who wished to speak in favor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. Commissioner Wische moved to approve Proposed Ordinance No. 89-28 on second and final reading. Commissioner Hester 22 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 seconded the motion and a roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Hester - Aye Commissioner Weiner - Nay Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 4-1. Be Proposed Ordinance No. 89-29 Re: Amending the Charter Article IV Administration, Section 49 City Attorney Rea read Proposed Ordinance No. 89-29 on second and final reading by title only. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYN- TON BEACH, FLORIDA, AMENDING THE CHARTER OF SAID CITY, ARTICLE IV ADMINISTRATION, SECTION 49. GENERAL PROVISIONS.; TO PROVIDE THAT THE CITY MANAGER SHALL WORK AT THE PLEASURE OF THE CITY COMMISSION; BY AMENDING PROVISIONS DEALING WITH INTERFERENCE WITH SAID ADMINISTRATION; BY DELETING PROVISIONS IMPOSING PENALTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. As there was no one in the audience who wished to speak in ~avor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve Proposed Ordinance No. 9-29 on second and final reading. Commissioner Wische econded the motion and a roll call vote was taken by Betty ~oroni, City Clerk, as follows: Commissioner Weiner - Nay Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Motion carried 4-1. 9. Proposed Ordinance No. 89-30 Re: Citrus Park PUD Rezoning City Attorney Rea read Proposed Ordinance No. 89-30 on second and final reading by title only. 23 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 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 BOYI~TON BEACH, FLORIDA FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO ALLOW FOR SUBSTANTIAL CHANGES TO THE APPROVED MASTER PLAN, INCLUDING THE ELIMINATION OF A PROPOSED FIVE (5) ACRE PUBLIC PARK, SAID PARCEL BEING LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION EIGHTEEN (18), 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. Mayor Moore asked if there was any input from the public. Attorney Roger Saberson addressed the Commission and stated the Ordinance incorporates by reference the staff comments. Some of the staff comments are directed toward public Tights-of-way. There is also a comment about access between Citrus Glen and Citrus Park and not limiting it to emergency ~ccess. He suggested either that certain of those comments be deleted or that additional language be added at the Conclusion of Section 3. Mr. Saberson suggested incorporation of the following ~anguage in Section 3, starting at the second line: "...a Planned Unit Development (PUD) as set forth in the application specifically in accordance with staff comments attached hereto as Exhibit A, however, not withstanding any staff comments to the contrary, the following shall apply to ~his project: 1. Private streets are hereby approved. 2. The only access required between this project and Citrus Glen is via a 20' emergency access easement." ~ity Attorney Rea stated it would be no problem to incor- porate this language. As there was no one else in the audience who wished to speak in favor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. 24 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Commissioner Wische moved to approve Proposed Ordinance No. 89-30 on second and final reading. Commissioner Hester seconded the motion. Vice Mayor Olenik noted the reason he would be voting against this Ordinance is because of the elimination of public park which he feels is needed in that area. the A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Wisehe Aye Mayor Moore Aye Vice Mayor Olenik - Nay Commissioner Hester - Aye Commissioner Weiner Nay Motion carried 3-2. B. Ordinances - 1st Readinq~ None. ~. Resolutions !. Proposed Resolution No. 89-SS ~ Re: Cable Communications Act City Attorney Rea read Proposed Resolution No. 89-SS by ~itle only. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE CONGRESS OF THE UNITED STATES TO REVIEW THE CABLE COMMUNICATION POLICY ACT OF 1984, AND EXPRESSING GENERAL CONCERN ABOUT THE NEED FOR GREATER LOCAL GOVERNMENT REGULATORY AUTHORITY. Commissioner Hester moved to approve Resolution No. 89-SS. dommissioner Weiner second the motion which carried 5-0. ~ommissioner Weiner requested that this Resolution be for- arded to Congressman Harry Johnston and Senator Howard etzenbaum who heads up the Committee on this proposal. The ~ayor asked the City Clerk to take care of that. 2- Proposed Resolution No. 89-TT Re: Reverend Joseph Dye City Attorney Rea read Proposed Resolution No. 89-TT in its entirety. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RECOGNIZING THE POSITIVE IMPACT 25 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 THAT REVEREND JOSEPH DYE HAS HAD IN THE CITY OF BOYNTON BEACH. Vice Mayor Olenik moved for the adoption of Resolution No. 89-TT. Commissioner Weiner seconded the motion which carried 5-0. Commissioner Weiner stated she would make sure Reverend Dye received the Resolution at his new address. D. Other 1. Consider approval of Lien Appeals a) Lomar Industries (Previously TABLED) Vice Mayor Olenik moved that this item be removed from the table. Commissioner Hester seconded the motion which carried 5-0. Wilfred Hawkins, Acting Assistant to the City Manager/Ombudsman stated City Attorney Rea had researched Several points in connection with this item. With regard to the lien document which indicated Lomar was ~he owner of the property, City Attorney Rea stated they had indicated Lomar is the owner of the personal property which the City is attaching. As far as he can see, the lien is technically correct. The only other point would be whether or not we can hold the contractor liable for the actions of the subcontractor. Mr. Rea believed the City could. Mr. Hawkins related what had taken place in this case and ~tated the ifirst recommendation was to reduce the lien by 3%. Mayor IMoore felt the City was on "thin ice" on this one. Mr. Rea acknowledged if we foreclose, it would be a good pieceiof litigation. Discussionltook place. Don Jaeger, Building Official noted ~omar Industries did have an Occupational License, however, ~he subcontractor did not. The DPR has since removed his State license and the City has since taken away Lomar's Occupational License as well. Vice Mayor lOlenik felt Lomar Industries as the General Contractor ihad the responsibility to make sure his "GCs" are ~icensed, Have proper insurance, etc. He felt if the City ~urned it'S back on this violation, they would be sending a ~essage to Ithe citizens that they may be contracting work that is no~ necessarily done in a safe fashion. He felt the Safety.Citizens n~ed to realize that the City cares about their The Mayor couldn't understand why the City didn't follow procedure and go after the property. The City is now going after a man that has lost his license and has left town. 26 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Mr. Rea stated Code Enforcement states that we have to proceed against the violator. Mr. Hunt noted this case is over 18 months old. At the time the violation was origi- nally placed against Lomar, they still had assets. Discussion took place. Mayor Moore stated he didn't have any objection to leaving the lien on but he didn't want to pay attorneys to foreclose just to "come up dry". He agreed with the Vice Mayor's earlier comment about the message being sent to the public. Vice Mayor Olenik moved to reject the lien appeal. Commissioner Hester seconded the motion which carried 5-0. It was agreed this was with the understanding that the City wouldn't proceed any further unless they bring it back to the Commission with justification that they think they can do something. b) American Framers, Inc. Wilfred Hawkins, Acting Assistant to the City Manager/Ombudsman recommended in his memorandum to the Commission dated September 13, 1989 that the current lien of $7,650.76 be reduced by 90% to $765.00. Commissioner I{ester moved to adopt the recommendation of Staff. Commissioner Wische seconded the motion which carried $-0° c) A. K. Woodcraft, Inc. Wilfred Hawkins, Acting Assistant to the City Manager/Ombudsman recommended in his memorandum to the ~ommission dated September 13, 1989 that the fine be reduced by 85% from $5312.50 to $796.87. Commissioner Hester moved to adopt the recommendation of Staff. Commissioner Wische seconded the motion which darried 5-0. 2. Consider approval of Water Service Agreements within ~ Tropical Terrace a) Gertrude Roberts and Shirley Cavalier b) Shirley Cavalier - Lot 111 c) Cecil and June Newcom - Lot 66 - Lots 112 & 113 John Guidry, Director of Utilities explained Tropical Terrace is a small area unserviced by the City, on a private water system that is under enforcement by the Palm Beach County Health Dept. This is part of the County's MSTU Program. The County went in and put pipes in. The City supplies water. The Palm Beach County Health Dept., in the 27 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 near future, once that system is on line, will shut off the old existing system. These people have to come on board. There are about 200 units out there and these are the first three we have seen. This is for water only, not sewer. Our Water Agreement states these people are agreeing to annex "if and when". Technical discussion took place. Commissioner Hester moved to approve all three requests. Commissioner Wische seconded the motion which carried 5-0. 3. Cocoa Pine Estates Irrevocable Letter of Credit Commissioner Wische moved that the Commission approve accep- tance of the Letter of Credit with regard to the agreements that are being insured. Commissioner Hester seconded the motion which carried 5-0. John Guidry, Director of Utilities stated that in all of the Letters of Credit that the Utilities Dept. locks into, he ~akes personal responsibility for administering these in the ~ranchise area. At some point in the future, depending on ~evelopment in the unincorporated area, the City may have to go to a computerized program for follow-up. 4. Southern Entertainment Company of Florida vs. City of Boynton Beach City Attorney Rea stated that the United States District Judge granted a motion to dismiss. Unfortunately, he granted it without prejudice. Southern Entertainment has the right to go back into Court again in fifteen days. Mr. Rea will inform the Commission if they don't go back in. 5. Milnor Corp. vs. The City of Boynton Beach - Case No. 89-6178 AN Robert A. Eisen, Attorney for Norman Michael and Milnor Corp. addressed the Commission. Mr. Eisen explained the Zoning changes they would like to see take place for their various proposed projects. In January, 1989, the City declined to send the request for Comprehensive Plan amend- ~ents to the State planning agency for review. Since that ~ime Milnor Corp. has filed a Circuit Court action, ~equesting the Comprehensive Plan and zoning requested on ~heir original application and also requesting damages. The suit has been answered by the City. Mr. Eisen wished to approach the Commission at this time to see if the City would like to consider resolving this matter. Mr. Eisen's client had authorized him to propose to the City that they would release the City from any and all claims for damages in exchange for granting the Comprehensive Plan amendments and rezonings. 28 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 The projects contemplated for the parcels are on the northeast corner of the 4 acre parcel, a two story office/professional building. On the southeast corner on the 4 acre parcel nearest the intersection a two story office/professional building with banking and on the 5 acre parcel to the east, an ACLF. Mr. Eisen stated they believe these parcels are more properly zoned commercial and he ela- borated. City Attorney Rea stated if the Commission chooses to, the City would require Releases from any liability and enter into a Stipulation Settlement Agreement for Court approval. He felt the City does have some exposure on this. It may be a public policy decision as to whether or not this project Would be better settled than litigated. There are no out- side attorneys involved in this matter at the present time. Conversation took place between Mr. Rea and the Commission about a similar prior lawsuit. In that Court Order it seemed like the Court, at that time, almost felt ?apologetic" for not finding in favor of the plantiff. Mr. Rea indicated we have a factual hurdle that has to be over- come in Court. This would be an expensive piece of litiga- tion if we decide to take this to Court. Discussion took place on the feelings of the residents of Leisureville. Mayor Moore referred to Tradewinds and stated the City would lose this suit if they pursue it. Carmen Annunziato, Planning Director explained where we Stand in the new Comprehensive Plan process. He felt it was bad public policy to zone by stipulation and thought there were other alternatives. Mr. Annunziato was not in favor of what Mr. Eisen was requesting. Relative to the southeast corner of the intersection, Vice Mayor Olenik couldn't understand why the multi-family units couldn't be extended north to Gulf Rd. Mr. Annunziato remarked staff had previously recommended that. Lengthy discussion transpired. The Vice Mayor was not prepared to proceed in making a decision on this land without the bene- fit of notifying the residents in the area. Mr. Eisen stated he wanted a commercial designation on the corner parcels and multi-family designations on the interior ~arcels. Whether this is done through Stipulation or brough the Comprehensive Land Use process is up to the Commission, in his opinion. Mr. Rea was concerned with pro- cedure and felt if the Commission was inclined to settle the issue they would have to authorize Mr. Rea to "pound out" a settlement agreement and a stipulation with Mr. Eisen to return to the Commission for final approval. Mr. Rea stated 29 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 the process that would work best would be to make that sti- pulation and settlement agreement contingent upon the amend- ment of the Comprehensive Plan and ultimately the DCA would have input. Then the rezoning would take place to implement the Comprehensive Plan changes with DCA approval. This would basically be a two step approach. The Commission would give authorization today to enter into a formal writ- ten agreement. That written agreement would be provided at a later Commission meeting for approval and Court approval. Once that occurs, then the Comprehensive Plan changes to facilitate the change would have to be injected into the Comprehensive Plan amendment. The Vice Mayor stated he would like this to go back through the public hearing process so the public is aware and can participate in the process. Mayor Moore made reference to learning from Tradewinds. He felt at some point in time, as an elected official you have ~o "bite the bullet" and make a decision. If you allow the public to make the decision when you are faced with litiga- tion he felt you would be ducking your responsibility. Discussion took place on exercising common sense when there is a difference of opinion. Commissioner Wische thought the Commission should go with Mr. Rea's recommendation. Commissioner Hester did not want to experience another Tradewinds and felt the Commission needed to look at this ~ealistically. Unfortunately, you can't always please everyone. You have to try and do what is best for the City. ~nother lawsuit would not be good for this City. If authorized by the Commission to work out a stipulation ~greement, Mr. Eisen stated he believed they could return With it at the next meeting. Mr. Rea explained the process for rezoning the land. First, you would have to approve the Stipulation Agreement and obtain the Court's approval. Then the necessary ~omprehensive Plan amendments would have to be incorporated into the 1989 Comprehensive Plan. At that time, when DCA has had an opportunity to consider them, if there are fatal qomments on those changes, then our Comprehensive Plan is ~olid and airtight as far as any type of challenge is con- Cerned. The rezoning Ordinance could occur either simulta- neously or subsequent to the adoption of the Comprehensive Plan. Vice Mayor Olenik noted you would have relegated moot the public hearing process. Mr. Rea said you could open up the Stipulation Agreement to public comment, if you wish. The entire thing probably could take place in two weeks. 30 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Comments were made about public input on rezoning and the possibility of a potential lawsuit from the citizens. Mr. Rea stated that would be to Milnor Corp.'s damages because if they sue, they delay his project. If a third party comes in and challenges any Stipulation and Settlement Agreement, it would not be the City's loss, it would be Mr. Eisen's loss. Mr. Rea felt it was extremely inadvisable to revisit the issue in the Comprehensive Plan process without getting something in return. Once we go through the Comprehensive plan process and provide the record, we could then make our own foundation to our own detriment, if it remains in Court. If so inclined, the only way to do this is for the Commission to come back in two weeks with a Stipulation Settlement Agreement for approval. Mayor Moore felt the Commission should accept the offer of Settlement. When they come back with the Stipulation at the next meeting, it could be made an advertised public hearing ~o get public input. At some point, you have to have the fortitude to do what is right for the City. Vice Mayor Olenik stated the Commission had voted previously in favor of maintaining a residential corridor on Gulf Road. Discussion took place on previous Commission meetings and public input from Leisureville and Golfview Harbour. Motion ~ommissioner Wische moved to accept the proposal, subject to appearing again and having the public hearing. Commissioner Hester seconded the motion which carried 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. This will come up at the next Commission meeting. The public hearing will be advertised. Comments were made about Contacting the presidents of the nearby homeowners asso- ciations. 6. Consider approval of contract with Boynton Beach Association of Firefighters Comments were made about the holiday bonus in terms of the Contract. The Vice Mayor wondered if the City was in viola- {ion of the Contract if they gave them something that is not there? Ann Toney commented it would be the Commission's decision if they wanted to put it in the Contract. This was presented to them and they were agreeable. Comments were made about putting in a one-time item. The public record is available to indicate they did accept. Both parties are in agreement with this Contract. It calls for a 9+ compounded increase, over the two-year period. The Vice Mayor referred to page 17 where wages are referred to as approximate. He wondered why approximate figures 31 MINUTES - REGULAR~CITYCOMMISSION BOYIqTONBEACH, FLORIDA SEPTEMBER 19, 1989 were being used. Ms. Toney responded this was due to rounding off. He stated We do not use "approximately" in the 90/91 figures and thought we should be consistent. Ms. Toney stated the Union did ask about that and it was clarified that this was for rounding off purposes. Vice Mayor Olenik moved to approve the Contract. Commissioner Hester seconded the motion which carried 5-0. The Commission was pleased that a Union Contract had been settled so early. 7. Mrotek Lawsuit against City Don Jaeger, Building Official explained a citizen is building a houseand has constructed a 10' CBS fence on his property which exceeded the scope of his permit. This does not comply with Code. He did not get inspections. Right now a stop work order has been issued on the wall. The homeowner has been told if he complies with the permit, the City will take the Af,fidavits that he ~as from certain people that work on the wall and accept thwat steel was in the wall and he can continue with the work. ~e chose not to do that. He insisted the wall be 4' extra in height or 10' ~all. The wall is within 5' of a neighbor who complained because he has a window that opens up there. City Attorney Rea requested authorization to send this out to a private attorney. Mayor Moore suggested filing a motion to dismiss as he didn't think we needed outside coun- sel on this. Mr. Rea made comments about defending this properly and his limited time. Mayor Moore felt if this went to outside counsel it would end up costing a substan- tial sum. Mr. Rea noted this is why he had made such a hard pitch for an Assistant City Attorney. He felt this is a growing City and a person can only work so many hours and Still provide competent legal services at the same time. If we win, the other side will not have to cover our costs.· Mr. Rea remarked that unless you are authorized by State or. Federal Statute to gO after your legal fees, if you are a successful litigant, unless authorized by Contract, everyone pays their own attorney fees and costs. Commissioner Weiner moved to handle this and if we have to go to outside counsel then to do so. Vice Mayor Olenik seconded the motion which carried 4-1. Mayor Moore voted a~ainst the motion. The Mayor was hopefu! that we would exhaust all efforts to have this person comply. He stated he would be willing to call him himself, before the City goes to outside counsel. The City Attorney had spent a considerable amount of time on this already and he explained what had transpired. 32 MINUTES - REGULAR CITY COMMISSION BOYNTON'BEACH, FLORIDA SEPTEMBER 19, 1989 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 Vice Mayor Olenik moved to remove this from the table. Commissioner Hester seconded the motion which carried 5-0. Discussion took place regarding the current justification in the Ordinance which says if they use our streets, that we can make them get a Certificate of Convenience and Necessity. This would be using our streets to pick up passengers but they would not have a place of business established here in town. Mayor Moore asked Mr. Rea if this was enforceable? Mr. Rea stated we cannot impose an Occupational License on anybody who has no place of busi- ness, office or substantial presence in this City. This person's place of business is in Delray Beach. Discussion took place. Mayor Moore stated Mickey Pepper is the only business in Boynton Beach and yet under the report he had viewed, it appears the City is requiring Occupational Licenses of several other businesses located in nearby cities. He questioned the validity of this. Mr. Rea stated we have put the License fee under Chapter 13, which technically is an Occupational License. It's really not an Occupational License. It's an annual License fee to conduct this particular business in the City. It's actually a License to operate a public transportation system, such as a limosene service. The Mayor was curious as to whether there had been investi- gation to justify that the granting of another License under this Ordinance will not unduly adversely affect the existing licensee. He didn't think this had been done. Comments were made. Don Jaeger commented he did not believe Betty McMinamen had conducted a survey of the other companies. He stated Section 24-3 does say anybody that operates this type of a use in the City has to get a Certificate of Public Convenience and Necessity. Mayor Moore asked if that didn't carry with it some sort of obligation that the Commission investigate and determine that there is a necessity and con- venience. He didn't think the City had done that. The Mayor also thought legal research should be conducted as to whether that particular section is judged Constitutional or not. Mr. Rea acknowledged the material is pretty old. 33 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Vice Mayor Olenik moved to table this as it was obvious we had not done all the "homework" we needed to on this. Commissioner Weiner seconded the motion which carried 5-0. The Mayor asked for input from a legal standpoint and thought we should revisit this Ordinance. B. Update on EMS Negotiations Interim City Manager Hunt reported he had met with represen- tatives from Ocean Ridge. It was concluded that he would be sending forth a proposed amendment to the Mutual Aid Agreement that we have with them indicating that we are going to be charging for EMS services, giving them the option of either a per call charge or a flat fee. They indicated their Commission will discuss it and put forth an amendment to the Mutual Aid Agreement on their side which will include a charge of some sort for the ladder truck. It was indicated this would be a temporary situation since our City will be getting a ladder truck. Gulfstream has already agreed to enter into a Contract with us. All we have to do now is devise the Agreements and send them out for their Commissions' approvals. The Vice Mayor asked for a copy of the Mutual Aid Agreement for Ocean Ridge. Mr. Hunt said he would provide one. Mr. Hunt has an appointment to talk to the officials in Briny Breeze. The consensus was to authorize Mr. Hunt to proceed with negotiations and then bring it back to the Commission. iX. NEW BUSINESS A. Items for discussion requested by Commissioner Arline Weiner 1. Community Caring Center Reverend Douglas Davis addressed the Commission and explained that a small 9' x 9' office is currently used at ~he Day Care Center. He requested assistance from the Commission in obtaining a larger space. Office space is needed as well as additional space for grocery storage. Mr. Hunt stated the situation at the Day Care Center could be readdressed. He wasn't sure how much more space would be ~vailable but he would review the situation. The obvious solution would be securing the old school which the City is still working on. Commissioner Weiner stated there is a tremendous need in this City for space for social programs. The Child Abuse Center really doesn't belong at City Hall. It belongs in it's own space. The Community Caring Center needs space. Some kind of central location is needed for facilities of this nature. As the school possibly becomes available in 34 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 the future, ~the City should think about the needs that these organizations have. They are not asking us for money. They are asking for space. Mr. Hunt said there had been "rumblings" that the school space would not be available until February, 1991. That date has not been confirmed. We would like to anticipate February, 1990. 2. Congregate Meals for Senior Citizens Commissioner Weiner had been in contact with a person at the Palm Beach County Division of Senior Services who is in charge of the congregate meals program. Discussion had taken place regarding the need for this type of program in the southern end of the City. The contact agreed there was a need in that area. Commissioner Weiner stated 90% of the program is paid for with Federal dollars and 10% with County dollars. A contribution is appreciated for a meal from the citizen, but is not required. You must be 60 years of age Or older to participate. There is no income requirement. The staff and food is provided. All they need to provide senior citizens one hot meal a day is a meal site. They do not need a stove but do need a refrigerator and sink. She asked if there would be any space available for this program in the southern end of the City. Mr. Hunt will be checking on this and will report back to the Commission. 3. Report on HRS Facility Commissioner Weiner explained lobbying work she has been involved in, trying to get an HRS facility in this City. The District Administrator of HRS agrees there is a need in this City for a facility. They are looking for space. Office space at Prime Bank Plaza was viewed. There was a concern expressed by HRS as to whether the present tenants at Prime Bank Plaza would object to their clientele. They were assured that would not be the case. The rental price was within their guidelines and things look positive. They are in the process of getting approval from the various com- mittees in the Florida legislature. B. Items for discussion requested by Commissioner Lee Wische 1. Cutoff date for accepting City Manager Applications Commissioner Wische had been involved in discussion with Interim City Manager Hunt on when the cutoff date was for acceptance of applications for the City Manager's position. Commissioner Wische recalled the Commission had decided to allow 30 days for people to apply. Within the f~llowing 30 days a selection would be made. The long range plan was 60 days. Over 100 applications have been received and Commissioner Wische felt the Commission should proceed into the second step. 35 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Discussion took place regarding advertising time involved and publication cutoff dates. Mr. Hunt commented the ad had been in every journal except the Florida League of Cities Magazine for at least ten days. The ad probably would not appear in the Florida League of Cities Magazine until next month because of their scheduling dates. Mr. Hunt felt it had been advertised sufficiently for the Commission to make a determination. Commissioner Wische moved that October 1, 1989 at 5:00 P.M. be the final cutoff date for acceptance of applications. Commissioner Hester seconded the motion which carried 5-0. 2. Proposals for interview procedure for City Manager Candidates Commissioner Wische stated he had been grading the applica- tions as they are reviewed and compared. He suggests the Commissioners each come up with a folder of ten. After discussion, they will get it down to 5 candidates that can be interviewed. Mr. Hunt had proposed in writing basically the same process that a "head-hunter" would use. You could interview the top five or the top ten. The Commission will be giving thought to implementing Mr. Hunt's plan. X. CITY MANAGER'S REPORT B. Petition for Lieutenants Union ~nterim City Manager Hunt reported the lieutenants in the Police Dept. had petitioned for a union. Discussion will ~ake place with P.E.R.C. in the near future. Response to Internal Auditor's Report A written response from staff was provided the Commission on ~he Internal Auditor's report. D- Boy Scout/Girl Scout Solicitation Permits Mr. Hunt felt it was a legitimate request that the City not charge individual permit fees for Boy Scouts and Girl Scouts wearing uniforms to solicit for their particular organiza- tions. We have taken latitude in the past to exempt organi- Zations that are formally and nationally organized that wear uniforms. Ann Toney remarked the American Legion pays 25¢ for each person that distributes poppies. This is for registration of an I.D. badge. The Mayor thought that was overkill. The purpose of the license is so that if someone comes to your door and they're not dressed in a uniform and they say they are collecting for a certain organization, 36 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 then they will have an I.D. badge. Wearing a Boy Scout or Girl Scout uniform is as good as an I.D. badge. The Commission agreed with this rationale. Mr. Hunt will be notifying the organizations. K. Hurricane Preparedness Mr. Hunt had provided each of the Commissioners with a copy of the Emergency Preparedness Plan in case the City has to ~eal with a hurricane. They will be meeting as a Disaster Preparedness Committee tomorrow. I. Status of Engineering Interviews Three people are scheduled to come in for interviews in the ~ext week for the position of Director of Engineering and Public Works. Mr. Hunt thought he would be prepared to ~ring back a name for nomination for the position at the ~ext meeting. A. Comprehensive Plan Resubmittal Proposed Timetable The Commission had been provided with a proposed timetable ~o address the objections and comments received from the State regarding the Comprehensive Plan. Mr. Hunt distri- buted two additional work orders from the consultants who ut portions of that plan together. This was anticipated ork since we expected to get objections. Mr. Hunt needed ~pproval of the timetable and approval of the expenditure of ~unds for completion of the Comprehensive Plan submittal. ~ayor Moore asked for a brief outline from the Planning ept. indicating the points we were "bounced" on. Mr. nnunziato said there were about 135 objections. Most of ~hem were detailed mathematical objections. No more than ~bout a dozen policy issues were objected to. The rest is ust work that bas already been started on. They will be ~roviding the Commission with material on these issues. The Vice Mayor had a problem with approving the Plan and ~hen holding workshops afterward. The timetable was ~iscussed. The public hearing is at the second reading. It ~as noted when first reading takes place, they would be pproving a Comprehensive Plan that they may decide to ~hange some parts of. There was agreement. ~. Ocean Ridge Access Problem Mr. Hunt requested guidance from the Commission. The problem is where the Ocean Ridge City Hall and Fire Dept. lie. It stretches to 5' on the southern edge of the building and to about 6" on the northern edge of the 37 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 building. In order to make access for the development imme- diately to the west of them, it would require the developer to take possession of the 50' right-of-way, and in effect dismantle the parking lot and Fire Station entrance. Boynton Beach owns property on both sides of the problem area. The developer has come to us and asked if we would consider granting him the necessary access on one of our pieces of property. This would alleviate the problem Ocean Ridge faces. The Vice Mayor didn't think we should budge on this one bit. Mayor Moore said they could buy the property if we chose to sell it. The Vice Mayor thought that could be used for additional parking for our beach at some point. Mr. Hunt ~tated we have asked Ocean Ridge for that on several occa- Sions and they have declined to permit us for that addi- tional parking. That was one of the alternatives that they ~ight wish to reconsider, if we grant this easement. Charlie Puff, representing the developer, stated they have ~o desire to step into the middle of the Boynton Beach/Ocean Ridge argument concerning the bridge. They understand the ~roblemo Comments were made about developing some sort of a plan to relocate the access, even if it means dedicating equivalent space back to Boynton Beach. Mr. Puff stated ~hey have legal right of access and can use the road where ~t is now. It's not a good place for their entrance nor is {t a good situation for the town. They would like to come ~o an agreeable solution. Mr. Puff explained several alternatives that are open to the developer to determine where their access will be. Comments Were made by the Mayor about mangroves on the old Andy Griffith property. Vice Mayor Olenik proposed that we take the Fire Station and ~he aerial ladder, provide Ocean Ridge with Fire/Rescue ser- ¥1ce forever, at no charge, then relocate this so everyone ~s happy. Mr. Hunt said that was one option. Discussion ~ook place on the use of the aerial ladder. Boynton Beach has only used it twice in the last eight years. ~he Mayor thought Ocean Ridge should be coming to the City With the solution, rather than Boynton Beach trying to come 6p with the solution. The consensus was that Boynton Beach ~ould cooperate, but a lot depended on how other nego- iations turned out, not necessarily the bridge only. They are interested in how the fire/rescue issue works out. Some reasonable tradeoff would need to take place. 38 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Comments by Interim City Manager Hunt re: Public Information Officer and Time Management System Briefcase Mr. Hunt stated he had authorized Laura Widmer to accompany Commissioner Weiner on the recent business trip. Ms. Widmer had accompanied other Commissioners in the past on City related issues. Reference was made to the "priority management system" briefcase referred to earlier in the meeting. Currently 21 members of staff are carrying these. Mr. Hunt stated Someone had turned theirs in so it was given to Commissioner Weiner. Several have been recycled. Another system is currently available for recycling and is available. Commissioner Weiner stated she intended to return her system. Each system costs $298. Renewable forms are available for $54/year. Commissioner Wische wondered where the budget allowed for this. Mr. Hunt responded under Office Supplies. Commissioner Wische stated he didn't wish ~o have one but he did not remember the offer being extended to all Commissioners. The Vice Mayor did remember one being offered. Commissioner Weiner thought she should receive an apology for using this as one of the items contributing to her censure. F. Keys Commissioner Wische explained difficulties he has observed in recent weeks with board members and staff gaining access to public meetings in City Hall after 5:00 P.M. He couldn't believe the City Clerk, Recording Secretaries, Planning Dept., Building Official, Commissioners and Mayor do not have keys. Mr. Hunt stated the entire building was open 24-hours a day through the Police Dept. Mr. Hunt stated each of the Commissioners should have keys as well as the City Clerk. He stated no keys have been issued for the front doors. He didn't believe they were even made other than the master key. They are all from the side entrance next to the employee lounge where the staff member should enter and open the front doors from the inside. Reference was made to security problems. The staff person responsible for the public meeting should be there prior to the meeting With the key to open up. The Vice Mayor didn't feel it was right that he had been given keys and Commissioner Wische had to ask for keys. G. Visits by Former City Manager Commissioner Wische stated the prior City Manager is no longer employed here and his mail should be forwarded to his home. Mr. Hunt said this is done on a regular basis. Commissioner Wische felt Mr. Cheney's visits disrupt the morale of personnel. The Vice Mayor didn't feel it was fair 39 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 to make a "callous statement" that Mr. Cheney disrupts the morale without giving facts. Mr. Hunt stated he goes through the mail received for the City Manager. Personal things are forwarded to Mr. Cheney. The Mayor stated seeing Mr. Cheney at City Hall disrupts his morale and he didn't feel Mr. Cheney should be here unless it is on City busi- ness. Discussion took place. H. Tribunal Mayor Moore passed the gavel to the Vice Mayor. In view of ~he fact that the City no longer has an Internal Auditor to complete the City Hall construction cost investigation, Commissioner Wische moved that a Tribunal be formed, con- sisting of the Building Official, Architect George Davis and Designer Harold Blanchette. The purpose would be for the three to go through the City H~ll project to find out what has to be done, what might have to be redone and make out a punch list so we have an idea of the end results and cost. They are to report back to the Commission at the next meeting. Mayor Moore seconded the motion. Mr. Hunt referred to Bernard Rubin's report and stated the report was completed. The report has been examined and Mr. Hunt had provided the Commission with an analysis which agrees with Mr. Rubin's results. Mr. Hunt said he could provide the Commission with a punch list already prepared. Commissioner Wische wanted an independent punch list and he explained. Commissioner Wische disagreed with Mr. Hunt and stated Mr. Rubin's report was not complete. Commissioner Weiner asked why Mr. Jaeger's viewpoint would be more impor- tant than the Project Manager's viewpoint? Discussion took place about Mr. DeBecks's involvement in the project. Commissioner Wische stated Mr. DeBeck was welcome to accom- pany the Tribunal. Comments were made about project overruns and responsibility. Mr. Hunt stated since he was there at the meeting, they would have to lay the respon- sibility at "his doorstep". The Vice Mayor thought the entire Commission should be able to suggest names for the Tribunal. Mayor Moore made comments about getting at the facts and Mr. Rubin being "stonewalled" and run off by Commissioner Weiner's accusation. He was told by staff he couldn't talk to people freely unless he went back through the Manager's office. Commissioner Hester thought it would be wise to have an independent group go through the building to try to get at the bottom of this and report back to the Commission. Commissioner Hester stated Mr. Rubin did not finish his report. 40 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Commissioner Weiner thought we were doing the work for Seppala & Aho. Our professional staff has made out punch lists and given their opinion of the overruns. She thought the contractor should be doing this work. Discussion took place on the punch lists. Mr. Hunt stated the 27 page long punch list would be provided for use by the Tribunal. Vice Mayor Olenik stated the Commissioners, citizens and staff are all one team. He could not understand why the Commissioners were bickering so much and would not work ~ogether more smoothly. The Vice Mayor called for a vote on the motion currently on %he floor. The motion carried 4-1. Commissioner Weiner Voted against the motion. The gavel was returned to Mayor Moore. XI. ADMINISTRATIVE A. Draft administrative policy relative to building pro- jects under $100,000 (Previously TABLED) The Commission chose to leave this item TABLED. B- Consider nomination to the Environmentally Sensitive Lands Acquisition Advisory Committee The Commission preferred for the Interim City Manager to nominate a staff person for this Committee. Mr. Hunt said he would bring a name back at the next Commission meeting. Consider designating a voting delegate for the Florida League of Cities Convention in Jacksonville, FL - October 12 14, 1989 The Commission agreed Mayor Moore would serve as the voting ~elegate at this Convention. D- Accept resignation from Denys "Sam" DeLong, Alternate, i Building Board of Adjustment and Appeals ~ommissioner accept the resignation of Sam Hester moved to eLong from the Building Board of Adjustment and Appeals. ~ommissioner Wische seconded the motion which carried 5-0. Consider replacement to fill alternate position on Building Board of Adjustment and Appeals - Term expires 4/91 - Appointment to be made by Commissioner Wische Commissioner Wische requested this item be TABLED. 41 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 E. Accept resignation from Stanley Weaver, Community Redevelopment Agency - Commercial The resignation of Stanley Weaver was accepted. 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 Hester Commissioner Hester requested this item be TABLED. F. Discussion on setting date for City Attorney review Vice Mayor Olenik asked Mr. Hunt to check the calendar for an open night in the next thirty days. XII. OTHER Commissioner Weiner stated she would not be in attendance at the meeting on October 17, 1989. ADJOURNMENT There being no further business to come before the Commission, the meeting properly adjour~d~at 10:10 P.M. CITY ~/~YNTON BEA~-M ~// ~ Mayor Vice M~ ~r ATTEST: Recording secretary : (Five Tapes) Com~mi s s ioner 42 3~ 4~ 5~ 6~ 7~ 8L 9~ COMMISSION AGENDA September 19, 1989 SEP 19 1989 APMROVAL ALLIED LIME Pebble Quicklime-HiCalcium for Water Treatment. Pay from Water & Sewer Rev---401-332-5-365-00 $ 9,093.99 CASE POWER & EQUIPMENT 1 Hydraulic Front Loader #0100 with 72" Bucket and accessories for Parks Dept. Pay from General Fund---001-722-5-641-00 "State Contract #765-900-88-1" 13,527.00 CH2 M HILL, SOUTHEAST FLORIDA OFFICE Professional services rendered regarding various Task Orders. Pay from Utility General Fund---403-000-0-690-10 57,808.36 COOK CONSTRUCTION Est. #6 - P.O. 78589 for East Wellfietd Modifications. Pay from Utility General Fund--~403-000-0-690-10 Per bid 2/27/89, Con~nission approved 3/21/89 45,990.00 COMPUTER SYSTEMS & APPLICATIONS, INC. Consulting & Programming services performed during June and July, 1989. Pay from General Fund---001-181-5-470-10 5,100.00 DECISION DATA COMPUTER CORP. Memory Xtender/400-16MB for Data Processing. Pay from General Fund---001-181-5-670-02 Cormnission approved 8/15/89 14,634.12 DOW JONES AND COMPANY, INC. Ad in Wall Street Journal for City Manager. Pay from General Fund---001-135-5-475-00 1,482.48 EDWARD D. STONE, OR & ASSOCIATES Professional services rendered - Boynton Beach Boat Club Expansion Conceptual for period ending 8/27/89 Pay from General Fund---001-141-5-468-00 1,500.00 FLORIDA LEAGUE OF CITIES Dues for annual membership Pay from 1989/90 Budget. from 10/1/89 - 9/30/90. 2,890.33 19. FLORIDA LEAGUE OF CITIES - Gross Premium for year. First installment for Liability Insurance FML-318 and Property Self-Insurers Program FMP-26 due 10/15/89 - $55,105.00, balance to be paid monthly. Pay from 1989/90 Budget. GERAGHTY & MILLER, INC. Professional services rendered re: New Well Constructions, from 7/2/89 thru 7/29/89. Pay from Utility General Fu3ad---403-000-0-690-10 220,417.00 10,474.08 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. IBM CORPORATION 4224-101 Printer with 9502 STD Document on Demand for Vehicle Maintenance - $2520.00 & AS/400 Office Implementation - $1415.00. Pay from Vehicle Service Fund---501-000-1-477-70 "Government Pricing" 3,935.00 JONES CF~EMICALS, INC. Chlorine for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 "Bid Item" 1,832.00 LEAR GROUP, INC. P.O. 76325 - Payment #11 for Child Care Center thru 8/31/89. Pay from General Fund---001~000-1-477-00 Per bid 8/25/88, Commission approved 9/7/88 84,750.40 MARCIVE INC. Retrospective Conversion/Authority Control #0889COAL which is Boynton Beach's share of COALA project. Pay from General Fund---001-711-5-460-03 3,000.00 MARTIN ASSOCIATES OF S. FLORIDA, INC. 153 Printer Ribbons, 25 Highland Diskettes and 10 Quietwriter Cleaning Cartridges for COS. Pay from General Fund---001-000-0-410-30 "Best of 3 quotes" 1,490.05 MARTIN'S LA_MAR Uniforms for COS. Pay from General Fund---001-000-0-410-30 "Co-op Bid Items" 2,314.00 MILLER &MEIER & ASSOCIATES, INC. Boynton Beach Fire Station No. 3 - A & E Fee - $1125.00 and Architectural services Construction Document Portion of fee from 7/5/89 thru 8/5/89 for Month 23 - $7599.62. Pay from various accounts. 8,724.62 MILNER DOCUMENT PRODUCTS Annual maintenance for Microfilm Reader Printer 3M 630 for Building Dept. Pay from General Fund---001-241-5-433-00 1,386.00 NEWTON SEATING COMPANY, INC. Steel library shelving & wire book supports - paying partial payment 90% PO 79942 - $2433.31, PO 77809 - $37,108.69. Pay from Building Improvement Fund---304-194-5-640-20 43,185.16 PALM BEACH NEWSPAPER INC. Advertising for Blg. Insp, Landscap/Env. Insp, Fire Prevent Eng., Recreation, Lab Tech, Golf Course Maint. Pay from General Fund---001-135-5-475-00 1,170.27 COMMISSION SEP 19 ]989 APPROVAL 21. 22. 23. 24. 25. 26. 27. 28. 29. POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional Services Rendered - 3 mg Tank & Booster Station Invoice # 12 (Phase V) Pay from Utility General Fund---403-000-0-690-10 11,789.86 NEPTUNE METER COMPANY Portable Fire Hydrant Meters & Hydrant Registers - PO# 79649 Pay from Utility Cap Improv. Fund---404-334-5-651-00 Pay from Water & Sewer Rev Fund---401-334-5-398-00 1,884.46 THE SCHOOL BOARD OF PALM BEACH COUNTY Reimbursement for summer camp program Pay from General Fund---001-721-5-384-00 4,047.30 SHANNON CHEMICAL CORP. Co-op Bid Item - Shan-No-Corr Type N2 - PO# 79777 Pay from Water & Sewer Rev. Fund---401-332-5-365-00 7,034.00 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for services rendered re: treatment and disposal of wastewater for month of August 1989 for $$99,492.44 and Chlorine charges for month of August 1989 $1,985.43 Pay from Utility General Funds---403-000-0-69t-20 Pay from Water & Sewer Rev Fund---401-353-5-490-09 101,477.87 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Invoice 88/89 305 - Requisition No. 1 and No. 2 Preliminary design contract service aeration tank covers/ effluent pump station expansion/new electrical service Pay from Utility General Fund---403-000-0-169-20 33,835.81 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Invoice 88/89 311 - Hazen and Sawyer (engineers) Odor Control Facility-Final Invoice #10 - Payment Pay from Utility General Fund---403-000-0-691-20 13,403.35 SOUTHLAND EQUIPMENT CORPORATION Reconversion Dumpster Compaction Body - PO # 79087 Com~ission Approved May 2, 1989 Pay from Vehicle Service Fund - 501-193-5-688-00 34,156.00 SPILLIS CANDELA & PARTNERS, INC. Multipurpose Recreation Building - Invoice # 25 for $1,050.50 - Invoice # 26 for $8,750.50 Invoice # 27 for $2,512.00 Pay from Public Service Tax Fund---301-721-5-463-00 12,313.00 30. TM SOUND & LIGHTING Audio Visual Equipment & Installation for Com~ission Chambers - PO # 79526 payment # 3 Pay from Building Improvement Fund---304-194-5-630-23 Morey's Litigation 8/2/89 - 8/31/89 Pay from General Fund---001-141-5-461-00 SEP 19 1989 19,239.00 4,260.00 APPROVAL 32. 33. 34. 35. UNIJAX Custodial supplies - PO #'s 80507, 80506, & 80508 Pay from General Fund---001-192-5-392-00 DIVERSIFIED DRILLING COPR. Periodical Estimate # 24, 7/25/89 - 8/25/89 Test/Production Well Program Pay from Utility General Fund---403-000-0-690-10 MOODY'S INVESTORS SERVICE Renewal Subscriptions 10/1/89 to 9/30/90 for Special Library Service Pay from 1989/90 Budget FLORIDA SERVICE ENGINEERS, INC. Replacement of Healy~Ruff Drive Equipment at LS #309 & 317 with Variable Freguency Drives - Partial Payment of PO# 79007 Con~nission Approved April 18, 1989 Pay from Water & Sewer Rev Fund---401-352-5-642-00 2,445.23 92,931.42 2,385.00 107,916.00 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady W'f. Swann, Finance Director I therefore recommend payment of the~s~ _ ~ George N ~unt~,~ ~n~nager COMMISSION SEP ]9 1989 APPROVAL '*FORM 8B MEMOBANDUM OF VOTING CONFLICT FOB COUNTY, MUNiCiPAL, AND OTHEB LOCAL PUBLIC OFFICEBS LASTo~A~E--FIRST N/~-ME--MIDDLE NAME MOORE, GENE I'4 AJ~I~ I~,N G A OD~ E.~S P ). Box 910 ~oynton Beach DATE ON WHICH VOrEOCCURREO Palm Beach September 19, 1989 NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY; OR COMMITTEE BOYNTON BEACH CITY COMMISSION THE BOARD, COUNCIl.. COMMISSION, AU'FHORI'fy, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X (Tlr !: COUNTY - ~ OTHER LOCAL AGENCY NAME OF POLITICAL SDBDfVISION: City of Boynton Beach, Florida 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 equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Sectioe 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 1t2.3t43, FLORIDA STATUTES E 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 completiug 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 prtvate gain. Each local officer also is prohibited from knowingly voting on a measure which inures [o the special gain of a principal (other than a government agency) by wholn 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 communicatton, whether made by the officer or at his direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC1SION PRIOR TO THE MEETING ~T WHICH T~E VOTE WILL BE TAKEN: · u should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~,4: :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 agenc3: · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE i...tF.y. CtU TO INFLUENCE THE DECISION EXCEPT BY AT THE MEETING~. MAKE NO ATTEMPT DISCUSSION ] ,,'*you should disclose orally the nature of your conflict in the measure before participating. ~ *~You should complete the form and file it w th n 15 days after the vote occurs with the person responsible for recording the mir--~.s '~1 of the meeting, who should ~ncorporate the form in the mmutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gene Moore , hereby disclose that on September 19 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or X inured to the special gain of Gitrus Glen Partnership (b) The measure before my agency and the nature of my interest in the measure is as follows: I have previously represented Citrus Glen (Granados Enterprises Enterprises), and based upon this relationship, abstained from voting regarding site plan modification coming before the City Commission of Boynton Beach. , 19 89 : , by whom I am retained. 9/19/89 ~S Date Filed ignature ~BtDTtCE: UNDER PROVISIONS OF FLORIDA TES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR~ 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. PAGE z CE FORM 86 - 10-g6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS.T' NAME~FIRST NAblE--MIDDLE NAME MAILING ADDRESS 6 East Ocean Avenue, Suite 409 C Boynton Beach Palm Beach September 19, 1989 NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE -- City of Boynton Beach City Commission THE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON ",VHICH ! SERVE tS A UNIT OF: X crFY i ~ COUNTY · ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City of Boynton Beach MY POSITION IS: iX ELECTIVE ~2." APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to mdmbers of advisory and non-advisory bodies Who are presented with a voting conflict of interest, under Sectiou 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. i-~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3143, FLORIDA STATUTES ! :CTED OFFICERS: /, .. ~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 agescy) by whom he is retained. A person holding an appointive local office otherwise mat,' 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 bt,, 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 TIlE VOTE WILL BE TAKEN: ~ m should complete and file this form (before making any attempt to influence the decision) with the person responsible for :~ ~ording the minutes of the meefiDg, who will iscorporate 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. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mip--~'--'~s of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gene Moore , hereby disclose that on September 19 , 19 89 : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: That I have, in the past, represented Citrus Glen and Citrus Glen Homeowners Association, Inc. , and I abstained from voting on issue coming before the City Commision of the City of Boynton Beach for abandonment of public right-of-way and establishment of guard gate. · by whom lam retained. September 19, 1989 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR'~-~~ 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 CIV1L PENALTY NOT TO EXCEED $5,000.