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Minutes 08-01-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, TUESDAY, AUGUST t, 1989 AT 6:00 P.M. FLORIDA PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr%, Commissioner Arline Weiner, Commissioner Lee Wische, Commissioner Peter L. Cheney City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. The Invocation was given by Rabbi David Shapiro, followed by the Pledge of Allegiance to the Flag led by Commissioner Ezell Hester, Jr. AGENDA APPROVAL *Under CONSENT AGENDA, Approval of Bills, City Manager Cheney wished to add a bill for the contractor at Sara Simms Park in ~he amount of $51,622.87. Under ADMINISTRATIVE, Mr. Cheney wished to add a funding request for a girls softball team to discuss the possibility of reimbursing the team for a ~hampionship trip they have taken. Under ADMINISTRATIVE, Mr. Cheney wished to add discussion on the need to have a Consulting engineer to review the City's construction. Under LEGAL, Other, D.2., City Attorney Rea wished to add discussion of the Tradewinds Session scheduled for August 2, 1989. Under NEW BUSINESS, B.2., Mayor Moore referred to an item Listed at the request of Commissioner Weiner, relative to ~doption of a resolution opposing the special session of Legislature on Abortion. Mayor Moore respectfully implored t~at this be stricken from the Agenda, as he didn't feel the ~ity should become involved in this issue on a municipal ~evel. Discussion took place among the Commissioners ~egarding whether or not this topic should be on the Agenda. qommissioner Weiner refused to remove this from the Agenda. The Commission left the item on the Agenda. ~ommissioner Hester moved to approve the Agenda as amended. ~lce Mayor Olenik seconded the motion, which carried 5-0. ANNOUNCEMENTS 1i. Proclamation - Boynton Beach Firefighters Appreciation Week 2¸. National Night Out Against Crime 1989 - Crime Prevention Sunday, August 6, 1989, 1 - 5 P.M., at the Boynton Beach Civic Center 1 sentence should be deleted. See 8/15/89 ~inutes. MIA~TES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 Both Proclamations will be signed by Mayor Moore. II. CITY MANAGER'S REPORT Resignation of City Manager, Peter Cheney City Manager Cheney had submitted his letter of resignation addressed to Mayor Gene Moore, effective midnight, August 1, 1989. The resignation was accompanied by Commission agreement to six specifics enumerated in the letter. Motion Commissioner Wische moved to accept the resignation. Commissioner Hester seconded the motion. Comments by Commissioner Weiner Commissioner Weiner felt Mr. Cheney had been harrassed into resigning and had served the City for the last ten years in a dedicated fashion. She felt the severance pay should be increased to one year's pay. Walter Barry, former City Manager in Delray Beach was fired last week and he received six months severance pay after serving only 18 months. She felt Mr. Cheney deserved much more from this City. Comments by Vice Mayor Olenik Vice Mayor Olenik agreed that Mr. Cheney should receive 12 months severance pay. The Vice Mayor remarked that he has watched this City grow to the point that it is now the third largest City in Palm Beach County. He didn't agree with everything Mr. Cheney had done. But if you're going to pin the responsibility of failures that occurred in the City on the City Manager, then you must give him credit for the accomplishments that have taken place, such as the Sara Simms Park expansion. Over 400 youths are enrolled in the Recreation and Parks programs this summer. Through Mr. Cheney's leadership and assistance from his staff, the City has been able to build programs such as these. We have received the Distinguished Budget Award several years in a row. We have done an admirable job on our Comprehensive Plan. We have one of the top Fire Rescue Departments in the country. We have a successful walking beat program that was instituted during his tenure. The Vice Mayor felt with Mr. Cheney's departure would come the departure of other City staff members. He elaborated and stated today was a sad day, but the future is really going to be sadder. He MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 didn't think anyone truly realizes the long term positive effects that Mr. Cheney and his organization has had on this City. These things far outweigh the failures that are claimed to have been his responsibility. Comments by Commissioner Hester Commissioner Hester indicated that over the years he too had seen the ups and downs of the City. Mr. Cheney, in his opi- nion, had done a magnificient job of running the City. He referred to newspaper accounts stating he was in favor of firing Mr. Cheney, and said these were assumptions. He didn't know anything about harrassment. Mr. Cheney's attor- ney had advised Commissioner Hester that in order to stop the divisiveness that exists in the City with the Commissioners, Mr. Cheney would tender his resignation. He didn't think the resignation was forced on Mr. Cheney although he stated he could be wrong. Mr. Hester elaborated and felt it was Mr. Cheney's choice. He didn't think other employees would suddenly quit, unless their loyalties were to someone other than the City. Mr. Hester stated he was going to vote to fire Mr. Cheney, but no one knew how he was going to vote. He didn't want to make a circus out of this and felt the resignation should be accepted with regrets. Comments by Commissioner Wische Commissioner Wische referred to a recent Palm Beach Post Editorial which stated Mayor Moore, Commissioner Hester and himself were going to fire the City Manager. The only one that has said he would like to see the City Manager go is Mayor Moore. It was part of Mayor Moore's campaign speech and was no secret to anybody. Commissioner Wische had never told a newspaper reporter which way he intended to vote. Commissioner Wische referred to Vice Mayor Olenik and stated he had indicated to the newspapers that Commissioner Wische was going to see that Peter Cheney leaves. Commissioner Wische took exception to Commissioner Weiner's remarks about harrassment. The City Manager's attorney had also contacted Commissioner Wische about the resignation and the con- ditions. Commissioner Wische referred to the first con- dition dealing with severance. He stated that even though Mr. Cheney only had two months severance pay, he requested six months. The Commission didn't dictate that figure. Mr. Cheney asked for it and Commissioner Wische saw no reason to change it from six months. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 Comments by Mayor Moore Mayor Moore stated his position had been clear from the beginning. He had said before the election that you can't judge a man until you've been with him for a reasonable period of time. Mayor Moore has worked with Mr. Cheney for four months and stated he would have "made the motion tonight". He had no votes to push through anything and he defied anybody to say that. He felt the resignation was in the best interests of the City and he commended Mr. Cheney. Elaboration took place. Vote on Motion Mayor Moore called for a vote on the motion to accept the resignation as tendered. The motion carried 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. Mayor Moore commended Mr. Cheney again for handling this as a gentleman and felt he avoided a repetition of the situation that recently occurred in Delray Beach. The Mayor hoped the City could now move forward and put this behind it. Commissioner Hester reminded the Commission that the respon- sibility for the City lies with the Commission. The City Manager was appointed by the Commission to supervise the daily functions of the City. The City will still go for- ward. He saw no reason why the City could not "join hands" and move forward to make the City the way it should be. He elaborated. Resolution No. 89-FF Re: Acceptance of Resignation of City Manager City Attorney Rea stated the City Manager was hired by Resolution and a resignation has to be accepted by Resolution. At the end of the day he had prepared Resolution 89-FF. Mr. Rea read the Resolution by caption only. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE RESIGNATION OF THE CITY MANAGER; STATING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 4 MINUTES - REGULAR CITY COmmISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 A copy of the resignation letter with it's handwritten amendment has been attached to the Resolution. Commissioner Wische moved to adopt Resolution No. 89-FF. Commissioner Hester seconded the motion, which carried 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. Former Mayor Ralph Marchese addressed the Commission and felt this was a day of infamy. He stated he felt the Mayor had "successfully completed his attack on the best City Manager in the State of Florida." He felt Mr. Cheney had been hard working and devoted to the City. He felt the Commission should be ashamed. Mr. Marchese stated he was disgusted and felt the Mayor "had ruined the City." Henrietta Solomon addressed the Commission and stated up to this point, Boynton Beach has enjoyed the reputation of being a well run City. This had happened because of the leadership and guidance of the City Manager. She stated throughout the State Mr. Cheney is known as a professional, capable manager. Mrs. Solomon felt the Mayor was elected to settle Tradewinds which remains unresolved. She felt it was questionable conduct for the Mayor not to attend the budget workshop meetings and questioned his motives. Mrs. Solomon stated the citizens want Peter Cheney as City Manager and she elaborated. She recommended the Commission give Mr. Cheney a vote of confidence and ask him to come back. She feared for the City. Commissioner Wische asked Mrs. Solomon why she had cam- paigned so vigorously for Mayor Moore's election, knowing that he wanted to get rid of Peter Cheney. He found this Contradictory. Mrs. Solomon said it was a big mistake, but ~he had hoped the Mayor could resolve the Tradewinds problem. Les McDermott stated the City belongs to the citizens, not to the Mayor, the Commissioners nor the City Manager. He ~mplored those in attendance to stop bickering and to move on with the interests of Boynton Beach as one unit. Eleanor Mann addressed the Commission on behalf of her hus- band, former Commissioner Leonard Mann. Mr. Mann has a Masters Degree in Regional Planning and City Management. ~fter working with Mr. Cheney for two years he stated he had never seen a better City Manager. She thought we had a real professional. Marie Shepherd questioned what had brought all of this about. Mayor Moore asked if she attended Commission 5 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 meetings or reads the newspapers? She could find no speci- fic dereliction of duties. Mayor Moore explained the City Manager serves at the pleasure of the Commission. Motion Discussion took place relative to appointment of an Acting City Manager. Commissioner Wische nominated Don Jaeger to be permanent City Manager. Commissioner Weiner voiced stren- uous objection to the nomination and stated Mr. Jaeger had only been a department head for two months. She did not feel Mr. Jaeger was capable of supervising 750 employees and a $27,000,000 budget. Commissioner Wische reviewed the con- tents of Mr. Jaeger's resume out loud. Mayor Moore passed the gavel to Vice Mayor Olenik and seconded the motion. Discussion took place and Commissioner Hester stated he had just found out this afternoon about the resignation and he was not prepared to vote for anyone. Mayor Moore remarked that if Commissioner Wische would change his motion to appoint Mr. Jaeger on an interim basis, he would recommend the City go that way. Commissioner Wische amended his motion to appoint Mr. Jaeger as Interim City Manager. Mayor Moore seconded the amended motion. Discussion took place. Vice Mayor Olenik called for a vote on the motion. After the vote was called, the Vice Mayor announced the motion carried 3 - 2 and that Mr. Jaeger was Interim City Manager. There was some reaction from the audience. Vice Mayor Olenik apologized and stated the motion failed, 2 - 3. Mayor Moore and Commissioner Wische voted in favor of the motion. The Vice Mayor and Commissioner Weiner voted against the motion. Commissioner Hester had stated previously he was not prepared to vote. The gavel was returned to Mayor Moore. Mayor Moore com- mented that under the City Charter, he now ran the City. Motion Vice Mayor Olenik moved to appoint George Hunt as Interim City Manager until a permanent City Manager can be found. Commissioner Weiner seconded the motion. The vote was called. The Vice Mayor and Commissioner Weiner voted in favor of the motion. The Mayor and Commissioner Wische voted against the motion. Commissioner Hester repeated that he was not ready to vote and needed more time to think about it. City Attorney Rea interjected when there is no City Manager, the Commission runs the City on a day-to-day basis. For 6 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 all practical purposes, under the Charter, this can be interpreted to mean that the Mayor runs the City. Mr. Rea strongly suggested that the Commission decide prior to mid- night as to who will be Interim City Manager. Without that determination being made, from both a legal and a practical point of view, it will be a "free for all". The Charter provisions are somewhat tenuous and Mr. Rea could see the Charter and Code of Ordinances being interpreted to a point where the Mayor runs the City. Administratively and effec- tively then the Commission has total, unequivocal control over the Civil Service process. If the Commission wants that control, fine. However, barring that, the Commission would be required to appoint an Interim City Manager prior to midnight. Motion After some discussion took place, Commissioner Weiner moved that Mr. Cheney be requested to continue in his present position until such time as the City can advertise for a qualified, competent, experienced, City Manager and fill the position. The motion died for lack of a second. Some of the Commissioners did not feel that would be fair to Mr. Cheney. Former Mayor Nick Cassandra suggested a motion be made to put George Hunt in as Interim City Manager for a period of one month or until one of the coming Commission meetings. That would give them time to evaluate names. The budget has to be discussed and voted on. Mr. Cassandra felt Mr. Hunt was the only person who really knew what had been happening and had worked in direct contact with the City Manager. Mr. Cassandra stated what he saw tonight is going to hurt the City. He understood Commissioner Hester had little time to think about it but felt a decision had to be made tonight. Motion Commissioner Hester agreed the City needs somebody right away. He felt it was Mr. Cheney's prerogative to resign if he chose to. Commissioner Hester moved that George Hunt be appointed as Interim City Manager, to serve at the pleasure of the City Commission. Commissioner Weiner seconded the motion. George Hunt stated he was not interested in the position on a permanent basis. He felt the Commission needed to put behind it the divisiveness and politics that have been going on. He felt he was probably the most qualified person in the building for the position at the moment. MINUTES - REGULAR CITY COMMISSION ~ BOYNTON BEACH, FLORIDA AUGUST il, 1989 Mayor Moore called for a vote on the motion, which carried 3 - 2. Mayor Moore and Commissioner Wische voted against the motion. Mayor Moore called for a brief recess at 7:00 P.M. The meeting resumed at 7:13 P.M. Clarification on Vote Vice Mayor Olenik asked for clarification on the first vote to make George Hunt Interim City Manager. He asked how the vote ended up. Commissioner Hester responded the vote was 2 - 2, as he didn't vote. The Vice Mayor stated the reason he called a 3-2 vote was because he heard two negatives. He stated it was against the law to not vote on an issue in the State of Florida, unless you are inured by special gain of that particular vote. The Vice Mayor said you could not have an abstention unless you file a Conflict of Interest and he didn't believe there was a conflict of interest to inure special gain there. City Attorney Rea stated you can only abstain from a vote in Florida if you have a prohibitive conflict of interest under the Code of Ethics 112. Vice Mayor Olenik stated he had made the motion and Commissioner Weiner had seconded it. Mayor Moore and Commissioner Wische had voted no. Mayor Moore asked Commissioner Hester how he had voted. He replied that he didn't say anything. Discussion took place concerning non-votes. Mr. Rea stated Commissioner Hester technically cannot abstain, however, if he chose to abstain, that was still a 2 - 2 tie. Mayor Moore thought it was moot now because Mr. Hunt had been appointed. Vice Mayor Olenik thought it was a violation of the Florida Ethics Code. Discussion took place relative to votes being called and Vice Mayor Olenik asked what it would mean when an audible response is not given. Mayor Moore asked Mr. Rea for a written opinion on this. Mr. Rea stated if people vote, their votes are counted. If someone abstains, even though they should not abstain, forcing a vote is another forum ultimately. Vice Mayor Olenik told Mr. Rea he should have told Commissioner Hester he couldn't abstain. Mr. Rea responded that he probably should have. III. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of July 18, 1989 8 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget 1. Transplanting trees from one area to two different sites The Tabulation Committee recommends awarding the bid to the lowest bidder, Tree Movers, Inc. of Delray Beach, Florida. The Transplanting of trees if $6,750 and watering of the trees for 90 days is $4,500 for a total of $11,250. Mr. Bill Sullivan commented these were trees from the Marina and the owners of the property gave the trees to the City for transplanting. Mayor Moore remarked that he was in favor of having the Melaleuca trees in the City removed. The Mayor asked Mr. Sullivan to get the City Forester on it. He asked for report back in the morning. a 2. Quotation for Golf Course Scorecards/50,000 The Tabulation Committee recommends awarding the quotation to the low bidder, Golf Associates Scorecard Co. of Asheville, North Carolina, in the amount of $1,725. 3. Approval of sale of City vehicles by sealed bid City Manager Cheney stated he had meant to delete this item. C. Resolutions 1. Proposed Resolution No. 89-GG Re: Job Description Approval A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING JOB DESCRIPTIONS AND MAKING THEIR POSITIONS PART OF THE PAY PLAN. City Manager Cheney stated every job description in the City is approved by the Commission by Resolution. What the Commission had was the job descriptions for those particular new positions and the Resolution which adopts them. These are new positions in the current budget. D. Development Plans None. 9 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 E. Cemetery Consider approval for request for disentombment from Boynton Beach Mausoleum Devotion Building, Section F, Crypt No. B-3 Denise Valek requests permission to disentomb her son John Valek from the Boynton Beach Mausoleum so she can transfer him to Palm Beach Memorial Park. 2. Approve refund of cemetery Lot 10 A, Block N, St. Marks Catholic Church St. Marks Catholic Church requests a refund in the amount of $120 on cemetery Lot 10 A, Block N, Boynton Beach Memorial Park Addn. 91. F. Consider approval of Change Order ~4 - Sara Sims Park Expansion Project Per George Hunt's July 26, 1989 memorandum to Mr. Cheney, both the.Recreation Dept. and the Engineering Dept. recom- mend approval of Change Order 94, submitted by Daniel Garey, Contractor, for the Sara Sims Park Expansion Project. The original contract price was $130,176.25 and with Change Order 94 it will be $134,892.26. G. Grant blanket approval by City Manager of individual housing program contracts In Johnnetta Broomfield's memorandum to the City Manager dated June 5, 1989 she indicated blanket approval would allow the Community Improvement Department through the City Manager's office to approve all contracts under the Paint-Up Fix-Up Program and the Home Improvement Program, without having to go back before the City Commission for approval of each Homeowner Contract. This item was pulled out and Mr. Cheney stated it would be held for two more weeks. Engineering Services for design and resident inspection during construction of a deep injection well into the Boulder Zone - West Water Treatment Plant - Task Order No. 13 - CH2M Hill Per John Guidry, Director of Utilities' July 26, 1989 memorandum to the City Manager, approval is required of Task Order No. 13, to complete this project. I. Approve purchase of a Scantron electric test reader/scorer Per William Sullivan, Personnel Director's July 26, 1989 memorandum to the City Manager, approval is requested to 10 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 purchase a Scantron electric test reader/scorer at a cost of $3,261.85. J. Consider lease for landfill access road Approval is required of a Lease between Mr. and Mrs. Jack L. McGregor and the City of Boynton Beach, for landfill access road. K. Consider approval of pump replacement parts/Lift Station #317 - Flanagan-Metcalf As per William Sullivan, Purchasing Director's July 27, 1989 memorandum with attachments to the City Manager, approval is required for necessary repairs on Lift Station ~317. L. Consider approval of generator/radiator repair - Lift Station ~309 - Florida Diesel & Marine Service, Inc. As per William Sullivan, Purchasing Director's July 27, 1989 memorandum with attachments to the City Manager, approval is required for emergency repair to the generator at Lift Station ~309. John Guidry, Director of Utilities recom- mended awarding the project to Florida Diesel & Marine Service, Inc. at a cost of $3,450. M. Consider approval of request for refund on Cemetery Lot 481 A, Block S, Boynton Beach Memorial Park Addn. ~1 Ann Kuthy requests a refund of $140 on cemetery Lot 481 A, Block S, Boynton Beach Memorial Park Addn. ~1 as she has moved out of state. N. Consider zoning approval for alcoholic beverage license 1. Hunters Run Golf and Racquet Club 3500 Clubhouse Lane Boynton Beach, FL 33435 (Series 3M) 2. Hunters Run Golf & Racquet Club 3500 Clubhouse Lane Boynton Beach, FL 33435 (Series llc) 3. Hunters Run Golf & Racquet Club 3500 Clubhouse Lane Boynton Beach, FL 33435 (Series 4COP SRX) 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 Per George Hunt, Assistant City Manager, the above location complies with zoning requirements for the sale of alcoholic beverages pursuant to the three individual Applications for Alcoholic Beverage License. O. Approval of Bills List attached. Vice Mayor Olenik abstained from voting on Item 19. Memorandum of Voting Conflict is attached to the original copy of these Minutes in the Office of the City Clerk. At the beginning of the meeting, City Manager Cheney had *This sentence requested the addition of a bill for the contractor at Sara shoutdbe Simms Park, in the amount of $51,622.87. deleted. See 8/15/89 Motion m~eting. Commissioner Weiner moved to approve the Consent Agenda. Commissioner Hester seconded the motion which carried 5-0. IV. BIDS 1. Clearing and Grubbing Future Park Site (10 acres) - South of Rumbottoms Restaurant City Manager Cheney explained it is recommended that total bid funding come from the Recreation Trust Fund. Mayor Moore stated that about 6 weeks ago the Commission received a report on this. There had been an inquiry for a bid and it was about $7,000 for the job. Now we're up to $28,000. Charles Frederick, Director of Recreation and Parks explained the $7,000 was not a bid for the entire job; it was a rough estimate on a portion of the site. He discussed specifics of the bid. The Mayor asked if we had talked with the contact at Rumbottoms relative to them paying part of the project costs. Mr. Cheney responded as far as he knew their people had never submitted a bid. Staff recommends doing the whole project at this time and Mr. Frederick explained what that would include. By approving the entire bid, the property will be in its best condition for future park development and will be in a con- dition which can be easily maintained by the City. City Manager Cheney stated this work would bring it beyond Code requirements. The work would be done by a tree company 12 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 who will go in and take due consideration for the growth on the property that ought to be preserved and maintained and trim it properly. Mr. Frederick informed the Commission that all native trees would be tagged to make sure the job is done properly. Discussion took place relative to relief from overflow parking on Federal Highway from the Boat Ramp Park. Mr. Cheney explained the Commission had indicated in the past that no decision on the use of that property be made until there was some kind of blue ribbon committee or citi- zens' committee to take a look at what the use of that prop- erty should be. Mr. Cheney felt if shellrock was put there for extra parking without some overall plan, it would begin to take away some of the value of the land. Commissioner Wische moved to approve the recommendation. Vice Mayor Olenik seconded the motion, which carried unani- mously. V. PUBLIC HEARING None. VI. PUBLIC AUDIENCE Gary Lehnertz, 619 S.W. 2nd Avenue, Boynton Beach addressed the Commission relative to the dump west of town. It is in the process of being permitted to be closed. Mr. Lehnertz stated it had developed a large number of problems that appear to endanger the residents that live next to the dump. Mr. Lehnertz elaborated and stated the City had been cited by the DER because there are continuous on-going violations of that permitting process. He referred to a DER hearing on August 3, 1989 to discuss violations. Two years ago, Mr. Lehnertz stated pollution was found at the north limit of the dump. After that time wells were dug considerably north of the dump. At this point Mr. Lehnertz stated there are significant levels of pollution of sorts in these wells. Mr. Lehnertz suggested that George Hunt represent the City in this matter. He felt the City should enter into the Consent Order that DER will give to the City, which will include groundwater correction actions. City Manager Cheney stated since the City has gotten into the closure of that landfill the Commission has always taken the position that it would do whatever DER and the Health Dept. wants it to do. They have consistently done that and 13 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 rely on their judgement. At no step along the way has the City not done what the DER and Health Dept. wants the City to do. Post, Buckley & Jernigan is one of the best con- sulting engineers on landfill closures, which is why the Commission hired them at that time. Mr. Cheney did not want it left the way Mr. Lehnertz was talking, as if the City was shirking it's duties in closing the landfill. The City has done every test DER has told it to do. City Manager Cheney commented that DER contacted the City last week, in part possibly because DER has a new supervisor who is learning about the job. A meeting had been arranged to discuss the situation. Several days later the supervisor postponed the meeting. Mr. Cheney reiterated whatever the agencies tell us to do we will do. VII. DEVELOPMENT PLANS 1. Review of Planning Department comments regarding proposed Palm Beach County Comprehensive Plan City Manager Cheney remarked this had been put on the Agenda so that the Commission officially would have seen the com- ments that have gone to the DCA. VIII. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 89-11 Re: Creating a Community Redevelopment Agency for the Central Business District and establishing jurisdiction for both Community Redevelopment Agencies AN OPJ)INANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 87-15, OF THE CODE OF ORDINAi~CES OF THE CITY OF BOYNTON BEACH; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR HOUSING AND COMMUNITY IMPROVEMENT; BY CREATING A COMMUNITY REDEVELOPMENT AGENCY FOR THE CENTRAL BUSINESS DISTRICT; ESTABLISHING JURISDICTIONS FOR BOTH COMMUNITY REDEVELOPMENT AGENCIES; PROVIDING FOR APPOINTMENT TO THE BOARD OF COMMISSIONERS OF THE RESPECTIVE AGENCIES; PROVIDING FOR STAFFING; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILIT¥ CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. City Attorney Rea commented that the names of the members chosen by the Commission need to go in the Ordinance. 14 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 Public Hearings have been held. Five members need to be appointed. There will be a one year, a two year, a three year and two four year term members. Discussion took place as to which Commissioner would appoint certain members. It was mentioned that the second CRA was being put together on a six month trial basis. Mayor Moore appointed a Chairman, Richard C. Gram, to a two year term on the board. He will be Chairman for one year. Vice Mayor Olenik appointed the Vice Chairman, Calvin Cearley, to a three year term on the board. He will be Vice Chairman for one year. Commissioner Hester appointed Stanley Weaver to a four year term. Commissioner Weiner appointed Sam Scheiner to a four year Germ. Commissioner Wische appointed Norman Gregory to a one year ~erm. ice Mayor Olenik moved to adopt these appointments. ommissioner Wische 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. Ordinances - 1st Reading 1. Zoning Ordinance - Upholstery & Carpet Steam Cleaning Businesses Commissioner Weiner requested this be TABLED until Carmen Annunziato returns from vacation. The Commission was agreeable. Proposed Ordinance No. 89-22 Re: Building Code - Repeal Article XII Demolition of Dilapidated, Unfit, Unsanitary and Unsafe Buildings City Attorney Rea read Proposed Ordinance No. 89-22 on first reading by title only. 15 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE XII DEMOLITION OF DILAPIDATED, UNFIT, UNSANITARY AND UNSAFE BUILDINGS AND STRUCTURES, OF CHAPTER 5, BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. City Attorney Rea explained the City had adopted the Standard Building Code as the process in Boynton Beach for everything dealing with building codes, demolitions, etc. Unfortunately we have had in our City Codes a demolition procedure which is somewhat archaic and conflicts with the South Florida Building Code. What we are doing is getting the proper, most acceptable procedure adopted as the Code and we are eliminating what we have today. Commissioner Hester moved to adopt Proposed Ordinance No. 89-22 on first reading. Vice Mayor Olenik seconded the motion and 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. C. Resolutions None. D. Other 1. Review of Community Appearance Board responsibilities (Previously TABLED) The Commission chose to leave this item TABLED. 2. Tradewinds City Attorney Rea stated there had been a breakdown in com- munication regarding what the ground rules were going to be. A negotiations session had been scheduled for Wednesday evening, August 2, 1989. Mr. Rea recommended the meeting on Wednesday be temporarily called off until the City's attorneys 16 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 can "pound out" a deal prior to going public in a public session. The Commission thought that was reasonable. The attorneys have not really talked yet. Mr. Rea commented the City had been expecting a letter from the Tradewinds attor- neys about a week ago stating the terms and conditions that we could all agree on. When the letter never came, the City's attorney contacted Tradewinds' attorney and a breakdown in communication took place. Mayor Moore remarked the City's attorneys wanted a formal agreement that anything said by us or them would not be binding on either side. Mr. Rea said we wanted it handled exactly like any other settlement negotiation would be handled in Court. Mayor Moore stated Commissioner Wische had stated publicly some very cogent ideas toward nego- tiation. The Mayor would like Commissioner Wische to substitute in his stead as "designated hitter". Commissioner Wische responded that he thought the Commissioners were "all going to hit". Discussion took place. Mr. Michael Warren*was present at the meeting and expressed the feeling that in negotiation settlements, things that are said by both sides are not supposed to be used if it goes to trial. He felt the problem with having the public and press present is that it is very difficult to have discussion between the parties, that the entire world is not privy to. They would like to meet with ~Vir. Burman ahead of time to see what can be worked out. The final agreement was that the attorneys meet ahead of time to establish the ground rules and then the Commission will make itself available to meet with them. IX. OLD BUSINESS None. X. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Consideration by the Commission to seek permission from DeBartolo for use of "Boynton Beach" Mall logo by the City Mayor Moore remarked he thought the City needed a decent logo. He had made one suggestion and it was received like a "tempest in a teapot". Former Mayor Ralph Marchese addressed the Commission rela- tive to the present City logo and stated it tells a story *Should be Michael Morton. See 8/15/89 Minutes. 17 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 about the area in which we live. He elaborated on different details in the logo itself and referred to a large mosaic tile'plaque of the logo. He recommended keeping the present City logo because of what it symbolizes and it's beauty. City Manager Cheney remarked this particular logo had been given to the City by Marlo Farizoli and was produced by one of his craftmen. The idea was that it be placed on the wall Outside Commission Chambers. The Commission agreed to disregard further consideration of a professional logo. 2. Discuss setting date for Height Limitation Referendum Mayor Moore felt general discussion needed to take place on whether the Commission wanted to submit the height issue, in Limited areas, to a referendum. If so, should the City wait until the next regular election or hold a special election on that sole issue in November? Commissioner Weiner felt before they discuss putting it on the ballot she would like to clearly understand what the i!mpact would be in raising the height and where they want to raise if. She would like the Utilities Director to explain if there would be adverse impact to the water supply if the limit is raised. She would like the City Engineer to tell them if there would be adverse impact. Mayor Moore stated the City now had in place the Community Redevelopment Agency. He felt their first assignment should be providing input as to the specific area of down- tiown. He would like them to come back with some kind of parameters. They could check with any City official for input. He would like an early recommendation on whether t~ey will recommend the height limits be altered in any way in the downtown area, to start with. Commissioner Wische expressed the feeling that we should stick to the 45' height limit. If passed by the other four Commissioners, he would like it to go to referendum for the people to vote on. Before that happens though, he would suggest there be three referendums if we're going to go with the three districts suggested by the Planning & Zoning Board. Commissioner Weiner supported the idea of a referendum. Before anything is put on the ballot, however, she would like to clearly understand the impacts of each section on 18 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 utilities, on the engineering aspects, etc. She was not quite sure that responsibility belonged to another board. Since the Commission is going to decide whether it will go to referendum, she felt the Commission should receive input from department heads in writing on the impact. The Mayor said the City Manager should get the information together. City Manager Cheney made a suggestion. A general location of increased height could be important. We may have ade- qluate utilities in one place but not in another. He thought what the Commission was talking about in general, was something downtown, on N. Federal Hwy. and something in the area of 22nd Ave./I-95. Further discussion took place. COmmissioner Hester suggested the department heads provide input to the Commission. The Commission wanted the infor- mation back in the next 30 days. Brief discussion took place regarding the fact that there no election scheduled until the City's election in March, Procedure was a concern and Betty Boroni, City Clerk, d!istributed pertinent information on this topic to the Commissioners. 1990. Mayor Moore felt this was a sensitive issue and a special e~ection should be held, devoid of politics. He elaborated. M~yor Moore stated the Commission wanted a report back in the next two weeks on what the recommended parameters for the election are. 3. Request to consider appointment of internal auditor Discussion took place relative to the Mayor's recommendation that Mr. Bernard Rubin be appointed as an unpaid, internal auditor. Commissioner Wische moved that the Commission hire Bernard Rubin as internal auditor, at no fee. Commissioner Hester seconded the motion. Commissioner Weiner thought if an internal auditor is needed, the City should hire an internal auditor, pay him and tell him what they want specifically. She had an objec- tion to a volunteer going through City records, without any specific job description. Vice Mayor Olenik expressed his feelings and stated a paid ihternal auditor would be more apt to provide the Commission with data backed by one's professional certification. He wondered if the Commission really wanted to bring in a gra- tis auditor that may have been selected from a political 19 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 standpoint. How would the Commission know what this person said was true if they did not have the professional fee that would normally be paid to assure his objectivity? Further disagreement took place. Mayor Moore called for a vote on the motion currently on the floor. The motion carried 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. The Mayor directed the City Manager's office to provide office space and whatever assistance is needed. Items for discussion requested by Commissioner Weiner 1!. Joint Workshop Meeting between City Commission and Chamber of Commerce Commissioner Weiner reported that some months back a joint workshop took place with the Chamber of Commerce. ~roductive discussion had taken place dealing with matters o!f concern in the community. At that time those in atten- dance had expressed a desire to meet periodically. CDmmissioner Weiner suggested that with the new Executive Dlirector starting with the Chamber of Commerce, a workshop m~eting be scheduled so that the Commission can get to know hiim. The Commission agreed that Commissioner Weiner should s~t the meeting up. 2. Consider adoption of resolution opposing special session of Legislature on abortion Cpmmissioner Weiner requested a consensus from the Commission oD the matter of abortion. She proposed having the City A~torney draft a resolution opposing the special session of the Florida Legislature called on abortion, opposing further rDstrictions on a womans' right to choose abortion in Florida and affirming commitment to free choice in this m~tter. C~mmissioner Hester expressed the feeling that the City should not get involved in asking the Governor to not call t~e special session. If a person wished to individually let t~eir feelings be known on a State level, one could contact t~eir legislators. commissioner weiner moved that the City draw up a resolution opposing the special session, opposing further restrictions oh a womans' right to choose abortion and affirming our com- mitment to free choice in the matter of abortion for all women. The motion died for lack of a second. 20 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST i, 1989 XI. ADMINISTRATIVE A. Consider and adopt board appointment rotation (Previously TABLED) The Commission agreed to leave this item TABLED. Be Consider policy relative to board alternate members moving to full member (Previously TABLED) The Commission agreed to leave this item TABLED. Draft administrative policy relative to building projects under $100,000 (Previously TABLED) The Commission agreed to leave this item TABLED. D. Confirm appointment of Chief Edward Hillery to Police Officers' Retirement Trust Fund Board (Previously TABLED) The Commission agreed to remove this item from the table. Vice Mayor Olenik moved to appoint Chief Ed Hillery to the Police Officers' Retirement Trust Fund Board. Commissioner Wische seconded the motion, which carried 5-0. E. Consider appointment to Code Enforcement Board, effective September, 1989. qity Manager Cheney remarked that the terms of Robert J. Mulroy, Electrical Contractor and Enrico Rossi, Engineer, both expire in September, 1989. Vice Mayor Olenik stated t~e Commission needed to adopt a board rotation policy before they can start nominating these people. XII. OTHER Funding Request for Little League Girl's Softball Team ~er Charles Frederick, Director of Recreation & Parks' ~emorandum to the City Manager dated July 28, 1989, finan- c!ial assistance of $1,700 has been requested in terms of hbusing costs while the girls attend the State Tournament Competition. COmmissioner Wische moved to approve the request, trans- flerring the funds from the City's Contingency Account. Vice Mayor Olenik seconded the motion, which carried 5-0. 21 MINUTES - REGULAR CITY CO~MISSION BOYNTON BEACH, FLORIDA AUGUST 1, 1989 2. Marvin Greenhut - Cancellation of Florida Board of Elections Fine Mayor Moore announced that the City had received a decision from the Florida Elections Commission and the fine levied on Mr. Greenhut has been cancelled as of July 27, 1989. ADJOURNMENT There being no further business to come before Commission, ATTEST: the the meeting properly adjourned at 8:10 P.M. /~ ~ Mayor ' ~ Commissio~r '~ ~C o'~mm i s'~i on e r ~c~mmis ffioner C~t~y'~erk {ecording Secretary (Two Tapes) 22 :. AGENDA August 1, 1989 AVIROM-HALL & ASSOCIATES, INC. Professional servlces rendered regarding Topographical Survey (Eroded Areas) for Oceanfron5 Park Restoration. Job #3404 Invoice #89-1100 Pay from Rec. & Mun. Bch. Improve.---303-000-0-693-30 BOYNTON BEACH CHAMBER OF COMMERCE Billing for month of August, 1989. Pay from Publicity Fund---101-191-5-454-00 BELL & HOWeLl. ABR-200 Microfilm Recorder & Maintenance Agreement for City Clerk. Pay from General Fund---001-000-1-451-06 Per bid 4/6/89, Commission approved 5/2/89 BETHESDA HEALTH & FITNESS CENTER Consulting services, fitness testing sessions & orientation sessions for July, August & September 1989. Pay from General Fund---O01-135-5-470.10 CPT OF SOUTH FLORIDA CPT System maintenance agreement for equipment in City Clerk & City Manager's office effective 9/30/89 Pay from 1989/90 budget COLLISION SPECIALISTS INC. Repairs for Vehicle #140 in Utilities Dept. Pay from Vehicle Service Fund---501-193-5-440-01 COOK CONSTRUCTION Estimate #4 - P.O. 78589 for East Wellfield Modifications Pay from Utility General -- 403-000-0-690-10 Per bid 2/27/89, Commission approved 3/21/89 JOHN A. DACY & ASSOCIATES, INC. 3 - 10" valves for Lift Station 356, 3 - 12" valves for Lift Station 317 Pay from Water & Sewer Rev -- 401-352-5-642-00 Per bid 11/9/88, Commission approved 12/6/88 FINDLEY WELDING SUPPLY, INC. Wire Feed Welding System Pay from Water & Sewer Rev -- 401-396-5-642-00 Per bid 5/8/89, Commission approved 6/6/89 FLORIDA MUNICIPAL LIABILITY SELF-INSURERS PROGRAM Final Audit Billing - Liability Insurance FML-318 for Fiscal Year 1987/88 Pay from various departments 1,500.00 1,375.00 11,798.50 4,772.49 6,312.00 1,396.44 4,950.00 28,665.00 1,678.00 48,171.00 11. FLORIDA POWER & LIGHT Underground service at Well #6 - East Wellfield Modifications Pay from Utility General Fund -- 403-000-0-690-10 2,173.00 12. 13. 14. 15. 16. 17. 18. 19. 20. DANIEL W. GAREY Payment #5 - P.O. 77802 for Sara Sims Park Expansion Program Pay from General Fund -- 001-412-5-640-00 Per Bid 1/3/89, Cox~nission approved 1/17/89 IBM Telephone equipment, training and cable re-use Pay from Capital Improvement Fund -- 302-195-5-629-00 Partial State Contract #730-650-87%1 IBM Partial payment on PO# 76793 for the AS/400 Mod 40 System (Invoice ~59JQ972) Pay from General Fund -- 001-181-5-670-02 Per Bid 8/15/88, Commission approved 10/18/88 IBM 5728 CBI AS/400 COBOL Software compiler for AS/400 Pay from General Fund -- 001-181-5-670-03 WALTER H. KELLER, INC. Preparation of Coastal Management, Conservation & Traffic Circulation Elements of Comprehensive Plan of the City of Boynton Beach thru June 30, 1989 Pay from General Fund -- 001-151-5-462-00 M & R & SONS INC. Contract for painting of Water Treatment Plant Pay from Water & Sewer Rev -- various departments Per Bid 3/28/89, Commission approved 5/2/89 MARTINS LAYdkR Uniforms for new policemen-PO# 78200 Pay from General Fund --001-211-5-397-00 MOTOROLA, INC. Monthly billing service contract for microwave hot standby Invoice # S6128781 dated 7/8/89 Pay from General Fund -- 001-197-5-431-00 PALM BEACH NEWSPAPERS, INC. Legal Ads for month of June 1989 Pay from General Fund -- 001-122-5-475-00 " " -- 001-122-5-470-13 51,622.87 19,933.00 3,000.00 3,120.00 4,500.00 23,850.00 1,742.20 1,415.63 1,751.07 22. 23. 24. POST, BUCKLEY, SGHUH & JERNIGAN, INC. Professional services - 3MG Tank & Booster Station Invoice #11 (Phase V) Pay from Utility General Fund -- 403-000-0-690-10 PROFESSIONAL ADMINISTRATORS, INC. Worker's Compensation reimbursement invoice 6/15 thru 6/30/89 Pay from Self Insurance Fund -- 622-195-5-134-00 TM SOUND & LIGHTING Audio Visual equipment and installation for Commission Chambers -PO# 79526 - Partial Pm't. #1. Pay form Building Improvement Fund -- 304-194-5-640-23 SPILLIS CANDELA & PARTNERS, INC. Architect Fee for Boynton Beach Multipurpose Recreation Building Phase II-Inv. #23 -$6,280.00 & Inv. ~24 - $5,137.94. Pay from Public Service Tax Fund -- 301-721-5-463-00 9,410.43 19,350.01 21,378.00 11,417.94 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady W. 8wann, Finance Director I therefore recommend payment of these bills. · 'FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 'COUNTY', MUNICIPAL, AND OTHEE LOCAL PUBLIC OFFICERS LAST NAME--FIRSP NAME--MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR CON:IMITTEE OT,ENTK, Robert Jr, M/AL NG ADDRESS _i , 29-D Crossinqs Circle C Boynton Beachr DATEONWHICnVOrEOCCURRED CDUNTY Palm Beach City Commission THE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMI'UrEE ON WHICH I SERVE IS A UNIT OF: ;xcrrY ~ ! CDUNTY !~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ~ ELECTIVE il APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of governm6nt on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory;, although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. · r INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES ~ ~CTED OFFICERS: A P~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 f~'om voting; and %VITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting .on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING THE VOTE AT BE TAKEN: ~ WHICHWILL ~u should complete and file this form (before making any attempt to influence the decision) with the person responsible for .'cording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided 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. IF YOU MAKE NO ATTEMPT TO INELUENCE 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 mi~.s of the meeting, who should ~ncorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, ~ (~AC ~ , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or · inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom l'am retained. A payment made to Motorola, Inc., my employer, was included for approval in CONSENT AGENDA, Item 0- /9 Although I have no direct renumeration from the payment to Motorola, this item is now being placed as public record to ensure no conflict of voting occurred. Date Filed Signature i ' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317-(1985), A FAILURE TO MAKE AN~ REQUIRi. 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 2 CE FOR?.I 8B - 10-86