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Minutes 03-07-89MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 7, 1989 AT 6:00 P. M. PRESENT Ralph Marchese, Mayor Ezell Hester, Jr., Vice Mayor Leonard Mann, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner Peter L. Cheney, City Manager Betty Boroni, City Clerk Raymond A. Rea, City Attorney Mayor Marchese called the meeting to order at 6:00 P. M. The Invocation was given by Reverend Thomas Cauley, St. Mark's Catholic Church, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Ezell Hester, Jr. AGENDA APPROVAL CommiSsioner Olenik wished to add an item under CITY MANAGER'S REPORT. City Manager Cheney wished to delete under CONSENT AGENDA, C. 1. "Proposed Resolution No. 89- Re: Bond Substitution for Chalet IV, Plat No. 1 - West Part of Miner Road." He added a bill to Seppala and Aho in the amount of $63,294.50 under "Approval of Bills." As there were no other additions, deletions, or corrections, Vice Mayor Hester moved to approve the agenda as amended. Commissioner Weiner seconded the motion which Carried 5-0. ANNOUNCEMENTS 1. City Election - Tuesday, March 14, 1989 2. Run Off Election - Tuesday, March 28, 1989, if necessary Newly elected members of the Mayor and City Commission will be installed and take office on Thursday, March 30, 1989 ~ Mayor Marchese read the above announcements. CITY MANAGER'S REPORT 1. State Mandates City Manager Cheney showed a video presentation regarding State mandates which are placed on cities and counties by the State Legislature. Prior to the presentation, City --1-- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 Manager Cheney stated that they were in the process of making a list of people who would be willing to sit at the polls on March 14th with petitions regarding State mandates to be signed by as many voters as possible. The petition would state that when the State imposes mandates, the Legislature should address the issue of how to pay for them. At the present time, this issue is not addressed. Mayor Marchese noted that during the last seven years, 160 mandates have been passed on to the cities and counties, and none of them gave those cities and counties the right to fund them. This has caused the ad valorem taxes to be increased. The video compiled by the Florida League of Cities was then shown. The video presented information regarding the number of mandates placed on the cities and counties from 1980 to 1987 and stated that the only way to stop the con- tinuation of this action is by amending the Constitution by a vote of the people. The Florida League of Cities urged that 400,000 signatures be obtained in order to let the Legislature know that the people are tired of the mandates. After the presentation, City Manager Cheney announced that forms were available on the counter at this meeting and urged all who would to sign the petitions. He again noted that people are needed to sit at the polls to obtain signa- tures. Mayor Marchese had obtained a few names from Leisureville of people willing to do so, but there are 18 precincts to be covered. City Manager Cheney also noted that they do not have total support from the local delega- tion in this matter so the signatures are very important. There will be a meeting held on Friday so that City Manager Cheney can show the video and go over the information needed by those to sit at the polls to obtain signatures on the petitions on March 14th. 2. Award from State Department of Environmental Resources City Manager Cheney announced that the City had been awarded $18,750 for outstanding efforts in the area of recycling. This was submitted by Craig Grabeel, Director of Management Services. City Manager Cheney suggested that the money be set aside until the pilot program has been completed. At that time this program can either be continued, or the funds used for a different recycling program. 3. Department of Transportation (DOT) Hearing, March 8th City Manager Cheney announced that DOT will have a hearing on March 8, 1989 at Palm Beach Gardens High School for the -2- MINUTES - REGULAR CITY COM24ISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 purpose of discussing the State's Five Year Transportation Program. Information would probably be given about how to fund the five year program, and also if the five year program has now been extended to six or seven years. There will be a meeting on the following evening as well. Commissioner Olenik and Mayor Marehese stated they would try to attend, and others were urged to do so if at all possible. 4. Palm Beach County Commission Hearings on the County Comprehensive Plan - March 13 and March 20, 1989 City Manager Cheney urged all who could to attend these meetings as they affect all in Palm Beach County. 5. Public Hearing Re Boynton Beach Mall Expansion City Manager Cheney suggested that a public hearing be held on May 16th at the Regular City Commission Meeting for the purpose of discussing the expansion of the mall by allowing a sixth major department store to be built and expansion of the parking area. This has been to Treasure Coast for approval and can now come to the City. There was discussion about setting a special date, but it was a consensus of the Commission this would not be necessary. City Manager Cheney noted that 60 days notice would have to be given, so the May 16th date would be appropriate. Motion Commissioner Weiner moved that the hearing on the Boynton Beach Mall expansion of the 6th major department store and related parking be held on May 16, 1989 at 7:00 P. M. Motion was seconded by Commissioner Olenik and carried 5-0. 6. Christmas Tree Collection Program City Manager Cheney stated that many trees were collected, but the cost to do so had been excessive. They would be comparing the value of the collection and the cost to collect. A decision must then be made as to whether or not the program should be continued. 7. Applications to the Children's Services Council a. Diversion-type program to prevent children from getting into trouble A grant of $1,043 was requested to establish a program with the Police Department to provide a diversion type program -3- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 for children who are beginning to get in trouble. It is hoped this will prevent them from actually getting on the police records. b. Recreation Program for Teenagers This is a request for $500,000 budget to establish a recreation program for teenagers. c. After School Programs Application has been made for $145,000 for programs at two schools for after school programs for "latch key" children. Commissioner Weiner asked when they would know if the City was successful in their endeavors to obtain these funds. Mr. Frederick, Director of Parks and Recreation, stated this would probably be in June or July, but funding would not be until October, 1989 (the next Fiscal Year). 8. Codes Enforcement activities last year City Manager Cheney did not know how many cases there were this year, but last year there were 2925. These cases were handled by the Codes Enforcement staff and did not come to the Codes Enforcement Board for action. 9. Construction Schedule City Manager Cheney had provided a construction schedule for the Mayor and Commissioners. He noted that some are ahead of schedule and some are behind. The electrial union strike caused a 30 day delay. Time had not been added to accom- modate the Change Orders. He explained that the bottom line shows when the various departments are expected to move into the new building. 10. Summary of Construction Costs for Projects under Construction City Manager Cheney passed out a summary of the construction costs. He had added the east wing of City Hall which was built first. There was $133,000 in change orders (1.4 per- cent of the total cost). If the east wing is added into the figure it would be 1.6 percent. City Manager Cheney noted this is a small amount for a project such as this. There will be more change orders, but City Manager Cheney noted that the amount will still not be very much over the bid price. These figures include fees for the architects and engineers as well. -4- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 11. Monthly Demolition Report To date nine buildings have been demolished. Citizens have expressed their appreciation for these efforts. It is hoped that each month more buildings will be demolished. 12. Report on Protest Re Stillwater Cruises City Manager Cheney noted that the Island Princess and its predecessor were not given an occupational license in the early 80s when they wanted to dock at the Two Georges marina as there was no available parking. The parking issue was settled years ago by the Board of Adjustment. There was no room for any cruise liner to come in. That boat was not given an occupational license for the then Sea Mist marina as the parking was already allocated to the boats per- manently docked in the slips at that marina. No space was available for a boat to come in and no parking was available for a cruise ship. Both of those boats have been licensed at the Tropics (formerly Shooters). The recent license gave Stillwater authorization as there is plenty of parking available. There are a few boats, but not as many as were previously docked there. It was decided by the Commission that Stillwater should not be required to bring the parking lot up to the new requirements, since hopefully, that whole area will be redone as the new marina in the CRA plans. It was recommended that Stillwater be allowed to be there as it made sense for that boat as it was not taking away parking from anyone at the time and the owner could complete his season. Next year, if the marina is under development, Stillwater would have to go somewhere else. If not, he should make plans for an alternate site so he will not need the temporary permit. City Manager Cheney had no problem with the decision to allow Stillwater to be there. He did understand why the other boat did not get an occupational license originally. City Manager Cheney had been down and noted that Stillwater drops its passengers off at the east end of that area by the gas pumps, backs the boat into the private finger canal, and keeps the boat there when it is not in use. The boat sticks out approximately three or four feet beyond the dock, but not at all into the travelway of the Intracoastal. City Manager Cheney had no problem with the decision made earlier, and the Mayor and Commissioners had no additional comments to make. 13. Report on Crime Statistics - Chief Edward Hillery City Manager Cheney noted that the report is not back from the State so the comparisons with the others cities is not available. This should be available very soon. -5- MINUTES - REGULAR CITY COMMISSION BOYI~TON BEACH, FLORIDA MARCH 7, 1989 Chief Hillery then made a presentation using the overhead projector. The charts shown were included in a report which was provided for the Mayor and Commissioners. Chief Hillery noted that the uniform crime reporting to the State of Florida has been changed this year to take crimes previously lumped together and separate them. Chief Hillery expects to hear from the State in June or July. The cities have been informed that the report usually received in February will not be received until June or July. Chief Hillery presented charts which show the basic percen- tage of various crimes which take place in the City. He also placed a map in front of the room which showed where the various zones are in the City. The charts correspond to the numbers on the zoning map. Information regarding violent crimes, vice and narcotics, and assaults on police officers was given for 1987 as compared to 1988. He then showed a chart containing information on calls for service which indicated differences between 1987 and 1988 sta- tistics. These were broken down into DUIs, Burglaries, Narcotics, and Assaults. Chief Hillery presented infor- mation on these calls for service. 14. Ocean Properties - requested by Commissioner Olenik City Manager Cheney stated they had a meeting on this date. Regarding the landscaping, City Manager Cheney had suggested to Ocean Properties that they continue with this by putting it in as well as the irrigation from their pump system. The City will maintain it, but will not guarantee a level of maintenance. The level would depend on the funding and the staffing. Commissioner Olenik was concerned about the liability. City Manager Cheney stated the City would have the responsibility as the City will take over the main- tenance. Ocean Properties will have insurance with their contractor while the landscaping is being installed. A report will be given once it has been compiled as to the estimate of :manhours for maintenance and costs for what was approved by the Community Appearance Board and the City Commission. The left turn lane issue: Discussions have been held con- tinually. Apparently as of today, the resolution will be done. Ocean Properties will pay the dollars as recommended to have a design done for rebuilding whatever has to be done for the bridge. They will use the County Engineer who is on retainer to do bridge studies. The Engineer will develop the cost for renovating the bridge. That cost will be com- pared with the disadvantages and advantages of highway -6- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 capacity on Congress. If Congress is widened to six lanes, this would be a "left turn on arrow only" so the ability to make turns would be reduced. County has suggested to Ocean Properties that maybe there can be some development of an agreement where the County will put in some money to assist in the project as they would be preserving capacity in a road. There is a quality question County must face of using County dollars to solve a capacity problem created by deve- lopers. It is a quality question for the City as the City would like to have some say on how the road impact fees are used. It is not known what the dollars will be so this will be taken up later. City Manager Cheney will develop an agreement on the landscaping issue and Ocean Properties with the County Engineer will address the left turn issue. There are two pending code enforcement liens which will be addressed to the Commission at some time. Mayor Marchese felt the important thing is to get this resolved and he was happy to see that City Manager Cheney was making progress. The City Manager's Report was accepted as presented. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of February 21, 1989 B. Bids - Recommend Approval - Ail expenditures are approved in the 1988-89 Adopted Budget NONE. C. Resolutions Proposed Resolution No. 89- RE: Bond Substitution for Chalet IV, Plat No. 1 - West Part of Miner Road (West of Congress Avenue, South of Miner Road) This item was deleted from the CONSENT AGENDA by City Manager Cheney. -7- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 Proposed Resolution No. 89-G RE: Bond Release Lakeshore at the Meadows share of the cost for construction of an aerial water main crossing over the L-19 Canal (West of Congress Avenue, South of north end of Meadows Boulevard) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR LAKESHORE AT THE MEADOWS, A REPLAT OF TRACT "K" OF PLAT NO. 3, MEADOWS 300 AS RECORDED IN BOOK 48, PAGES 196 THRU 200, IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST" 3. Proposed Resolution No. 89-H RE: Abandonment of 14 foot alley (Kentucky Fried Chicken) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A FOURTEEN FOOT UNIMPROVED SERVICE ALLEY; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" 4. Proposed Resolution No. 89-I RE: Adopt Job Descriptions - Warehouse Personnel "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" D. Development Plans NONE. E. Consider approval to purchase headsets for fire vehicle communications Acting Chief Allen, Fire Department, stated in his memoran- dum to Mr. Sullivan, Purchasing Director, dated February 15, 1989 that after reviewing various manufacturers, the David Clark sets are the units most readily adaptable to the existing Motorola units. The cost for installation is $11,000. Safety Equipment Co., N. Miami Beach, FL is the distributor for the Southeastern area. F. Consider approval of transfer of ownership for Lot 117, Block D, Boynton Beach Memorial Park Edward and Dorothy Dull requested transfer of ownership for Lot 117, Block D, to Edward and Ruth Jezwinski, 7-E Ridgepointe Drive, at a selling price of $125. -8- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 G. Consider approval of refund for Lots 677 A and B, Block N, Boynton Beach Memorial Park Addition #1 Mae Ampol requested a refund ($300 less $60 = $240) for Lots 677 A and B, Block N. Consider approval of refund for Lots 221 A and B, Block R, Boynton Beach Memorial Park Addition 91 Mary Louise Saracino requested a refund ($700 less $140 = $560) for Lots 221A and B, Block R. I. Consider approval of printing quotation for various departments The Tabulation Committee recommended awarding the printing to three printers (Crimmins Co., Inc, Ft. Lauderdale, FL; International Printing, West Palm Beach, FL; and MDH, West Palm Beach, FL) in the total amount of $1,396. J. Consider approval of special event signs advertising Building Safety Week Mr. Howell, Building Official, in his memorandum dated February 24, 1989, requested signs be approved for Boynton Beach Boulevard (Holiday Inn right-of-way), Congress Avenue and Boynton Beach Boulevard (Mobil Gas Station right-of-way), North of the Tropics Restaurant in the right- of-way facing southbound traffic (across from Highwayman's Gas Station), and City Park on South Federal Highway (across from Jo-Als Restaurant). Building Safety Week is April 10-16. Commissioner Olenik noted that he was in favor of the signs, but some of them have already been installed. He felt that installation should have been after approval of the signs. K. Consider renewal of Public Officials and Employees Liability Insurance Olivia L. McLean, Risk Manager, in her memorandum dated February 27, 1989 recommended the City purchase the higher limit of liability at two million dollars for a total annual premium of $39,999. This is an increase of $13,965 from the current annual premium. City Manager Cheney endorsed her request in his memorandum dated March 7, 1989. Consider zoning approval for alcoholic beverage licens~ 1. Ramada Inn 1935 South Federal Highway Boynton Beach, FL 33435 -9- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 A1 Newbold, Plans Review Administrator, stated in his memorandum dated March 2, 1989 that zoning for the above location permits the sale of beer, wine and alcohol for consumption on premises in conjunction with a duly licensed restaurant. Mo Approval of Bills List Attached. City Manager Cheney added a bill in the amount of $63,294.50 to Seppala and Aho. (Commissioner Olenik abstained from voting on Item %22. See Conflict of Voting form attached to the original copy of these minutes in the Office of the City Clerk). Motion Commissioner Olenik moved to approve A; B; C.2 (Resolution No. 89-G), C.3 (Resolution 89-H), C.4 (Resolution 89-I); E; F; G; H; I; J; K; L.1; M (with the addition of Seppala and Aho in the amount of $63,294.50 and Commissioner Olenik did not vote on Item %22). Motion was seconded by Vice Mayor Hester and carried 5-0. BIDS A. Replacement of the Motor Control Center at the Water Treatment Plant ................................ TABT.R~ City Manager Cheney suggested this item be left on the table. B. Consider protest of Telemetry Bid made at February 21, 1989 Meeting by Joseph Vassallo City Manager Cheney recommended this item be tabled until the next meeting. He had been meeting with representatives from both companies. Commissioner Weiner moved to table the above bid. Motion was seconded by Vice Mayor Hester and carried 5-0. PUBLIC AUDIENCE Richard Carta, 820 North Road, Boynton Beach, had filled out a form to speak, but was not present when his name was called. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING NONE. -10- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 Ordinances 1st Reading 1. Proposed Ordinance 89-4 RE: Amending Chapter Signs .................................. TABLED 21 - City Manager Cheney requested this be removed from the table for discussion only. Commissioner Olenik moved to remove Proposed Ordinance No. 89-4 from the table. Motion was seconded by Commissioner Weiner and carried 5-0. City Manager Cheney stated that the Staff needs guidance from the Mayor and Commissioners as to what direction they would like to take in regard to magnetic signs on tops of vehicles. Signs on tops of vehicles have previously been ignored. Those signs which were loose fitting have been cited. Signs sitting on back bumpers or leaning on vehicles have been cited. City Manager Cheney questioned the safety issue when talking about magnetic signs on vehicles. "Pizza" type signs have always been allowed. Med Kopczynski, Deputy Building Official, had checked into the situation regarding windload on magnetic signs. A decision should be made as to whether or not magnetic signs should be allowed on the tops of vehicles and if allowed should the size be limited. Mayor Marchese felt that signs on top should not be magne- tic. He felt signs which are attached should be installed in the direction the vehicle will travel in order to lessen the windload on the sign. He felt the size should be established as to the maximum allowed. He felt the sign should be limited to written language only and not some object. He did not want to hurt anyone who needed the advertising, but this could be a serious problem which could be a safety issue. Vice Mayor Hester felt that those installed on tops of vehicles should be limited as to height as well. City Manager Cheney felt that they might wish to require vehicles with such signs be parked on private property and not in rights-of-way, and Mayor Marchese agreed. Mayor Marchese also requested that the Chamber of Commerce give them input so the desires of citizens could be included. Mr. Owen Anderson was present at the meeting. -11- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 Motion Commissioner Olenik moved to place this back on the table for further consideration. Motion was seconded by Commissioner Weiner and carried 5-0. 2. Proposed Ordinance No. 89-5 RE: Construction Trailers "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 25. SECTION 25-7. EXEMPTION FOR CONSTRUCTION TRAILERS; PROVIDING FOR THE BUILDING OFFICIAL TO HAVE PERMITTING AUTHORITY; PROVIDING THAT EACH AND EVERY PROVISION OF CHAPTER 25, AND SECTION 25-7 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" City Attorney Rea read Proposed Ordinance No. 89-5 on first reading in title only. Motion Vice Mayor Hester moved to approve Proposed Ordinance No. 89-5 on first reading. Motion was seconded by Commissioner Olenik and a roll call vote was taken by Betty Boroni, City Clerk, as follows~ Commissioner Weiner - Aye Mayor Marchese - Aye Vice Mayor Hester - Aye Commissioner Mann - Aye Commissioner Olenik - Aye Motion carried 5-0. C. Resolutions NONE. D. Other 1. Consider approval of contract with Boynton Beach Association of Fire Fighters, Local 1891 City Manager Cheney had provided a summary of the events regarding this contract. He noted that the changes were not indicative of the time and amount of work which went into -12- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 these negotiations. Several young fire fighters had been involved in the negotiations and they were not totally fami- liar with the negotiating process. City Manager Cheney felt this had been a good experience for them. A couple of senior fire fighters came in toward the end of the nego- tiations. City Manager Cheney recommended approval of the contract and also that it be retroactive to October 6, 1988. Mayor Marchese was happy to see provisions made in the contract for those who might be exposed to communicable diseases such as aids. City Manager Cheney noted that this issue had taken much time to negotiate. The City desires to help those who are exposed to such diseases in their line of work. When a paramedic comes in contact with communicable diseases they must report it to the hospital. Records will substantiate that he was exposed. In this situation, the City will accept total coverage of the person involved. Motion Commissioner Olenik moved to approve the contract with Boynton Beach Association of Fire Fighters, Local 1891 and that approval be retroactive to October 6, 1988. Motion was and carried 5-0. 2. Consider approval of Water Service Agreement for New Life Christian Church City Manager Cheney stated that both the Utilities and the Planning Departments recommended approval of this agreement. City Attorney Rea stated there were no legal problems with approval of the request. Motion Vice Mayor Hester moved to approve the Water Service Agrement for New Life Christian Church. Motion was seconded by Commissioner Mann and carried 5-0. 3. Code Enforcement Board Case No's 87-196 and 87-197 City Attorney Rea referred to a letter from Randy Zeldin, P.A., to City Manager Cheney which explained the issue. City Attorney Rea stated that the City is required to place a lien on the violator and his property. In these cases, the lien had been placed on the renter of the property and the owner was the violator (Boynton Distribution Center Associates). The owner has offered to settle by paying the fines without the interest which has accumulated for the release of the liens on his property. City Attorney Rea -13- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 further stated that in this case it would not benefit the City to go to foreclosure as the City would likely not win the case. Boynton Distribution Center Associates has agreed to pay the City $5,000. City Attorney Rea was not sure that any further action could be taken with Gallery of Silk (the renter) as he did not know if they were in business any longer. Motion Commissioner Weiner moved to accept the proposed settlement from Boynton Distribution Center Associates in the amount of $5,000 in cases 87-196 and 87-197. Motion was seconded by Vice Mayor Hester and carried 5-0. OLD BUSINESS NONE. NEW BUSINESS A. Consider providing financial assistance to the Science Museum - requested by Commissioner Weiner Commissioner Weiner noted that the Science Museum is in serious financial trouble. For the past 26 years this Museum has served the County and 160,000 children from every school in the County has visited there. This is the only museum from Miami to Orlando. She moved that a token contribution of $250 be given the Museum to show the City's support of this worthwhile project. Commissioner Mann seconded the motion. Vice Mayor Hester noted that the Museum has had some serious management problems. Commissioner Weiner stated they now have new management. Commissioner Olenik noted that the City had contributed $100 last year to the Museum before they had financial dif- ficulties. A vote was taken and the motion carried 5-0. ADMINISTRATIVE A. Discussion of policy for providing support for high school student organizations City Manager Cheney noted that for the past two years they had supported Atlantic Highs Project Graduation and Santaluces for one year. The request before the Mayor and Commission is for $500 for each of the three high schools which Boynton Beach's students attend. He noted that next year it was discussed to include an amount ($5,000) in the budget. Each school would be given a set amount and the -14- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 school would decide how it wished to spend the money. Vice Mayor Hester was concerned about how many students from Boynton Beach attend Atlantic Community High School. The numbers are not presently available. 1. Requst from Atlantic Community High School for funding for Project Graduation Vice Mayor Hester moved to approve awarding $500 to Atlantic Community High School for funding for Project Graduation. Motion was seconded by Commissioner Weiner and carried 5-0. 2. Request from Lake Worth Community High School for funding for Project Graduation Commissioner Weiner moved to approve awarding $500 to Lake Worth Community High School for funding for Project Graduation. Motion was seconded by Commissioner Olenik and carried 5-0. 3. Request from Santaluces Community High School for funding for Project Graduation Vice Mayor Hester moved to approve awarding $500 to Santaluces Community High School for funding for Project Graduation. Motion was seconded by Commissioner Weiner and carried 5-0. 4. Request from Atlantic High School Eagle-Ettes for funding for trip to Dallas, Texas Leslie Williams, 3897 Sherwood Boulevard, Delray Beach, came forward to represent the Eagle-Ettes. She noted that this group needs to raise $20,000 to go to Dallas to attend the national competition. This will cover costs of costumes and travel for three major competitions including the trip to Dallas. Miss Williams stated they are requesting $2,500 from Boynton Beach as they still have to raise $5,000 over the next two weeks. She noted that the students work hard to be a part of this group and they must also work to keep up with their studies. She noted that some people who would otherwise have no special interests become involved with Eagle-Ettes. Some of these students might be school drop- outs without this special project. Delray Beach had contributed $3,000. A carnival had been held in Boynton Beach which raised $2,000. She requested that the Eagle-Ettes be assisted so they could continue their tradi- tion. Mayor Marchese felt this was a worthwhile project, and noted the amount of money which is spent on drug related crimes. -15- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 He felt this was a much better cause which could possibly prevent someone from becoming involved in drugs, etc. City Manager Cheney agreed and noted that they are in the second half of the year and $100,000 remains in the Contingency fund. He felt the Eagle-Ettes were a positive and worthwhile group. Motion Commissioner Olenik moved to approve awarding the Eagle-Ettes $2,500 from the contingency fund for their trip to Dallas. Vice Mayor Hester seconded the motion which carried 5-0. B. Discussion of Unity Day events and assistance City Manager Cheney introduced Barbara Kruger, Chairwoman of the Community Relations Board (CRB) and Co-Chairwoman of the Unity Day Committee. The theme for the event is "Together Thru the Crossroads." Mrs. Kruger came forward and noted that the CRB and Wilfred Hawkins, Ombudsman for the City and Co-Chairman for this event, have been working with 18 businesses, professional and civic leaders for this event. The purpose of the Day is to bring the communities of Boynton Beach together in order to reflect on the progress over the last year and to encourage them to continue. Efforts will also be made toward working with the City government. She requested that the City purchase 50 tickets at a cost of $10 each (total of $500) to assist in the funding of this special event. These tickets would then be available for those who cannot afford to spend $10 to purchase a ticket. People will be encouraged to pay at least $1.00 for these tickets, based on their ability to pay. Mrs. Kruger noted that the public and businesses have been very helpful, and it was her feeling that no additional money will have to be requested from the City. Motion Commissioner Weiner moved to approve the purchase of 50 tickets for Unity Day at $10 each for a total contribution of $500. Vice Mayor Hester seconded the motion. City Manager Cheney stated that Mr. Hawkins was in agreement that $500 should be all the money that would be needed from the City for this event. A vote was taken and the motion carried 5-0. Commissioner Weiner informed Mrs. Kruger that City Manager Cheney had reported on the three applications to the -16- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 Children's Services Council prior to Mrs. Kruger's arrival. Mrs. Kruger was glad to hear that the applications had gone forward, and she would report that to the CRB at its meeting on Wednesday night. OTHER A. City Newsletter Mayor Marchese noted that many compliments had been received relative to the fine job Laura Widmer is doing with the Newsletter. City Manager Cheney commented that some thought is being given to adding an extra sheet to the newsletter. There was talk of reducing the size of print to allow for more infor- mation, but it was decided that would make reading the Newsletter too difficult for some. City Manager Cheney wanted to include more information about what is happening in the various departments in the City, information from the City Commission meetings as well as the Planning and Zoning Board. Thought has also been given as to how the City can save money by doing things just a little differently. City Manager Cheney named a couple of ideas that had been men- tioned such as the City could possibly have its own printshop or perhaps the City could address the Newsletters itself. Mrs. Widmer noted that a small amount of smaller print had been used on the most recent issue, but no one seemed to have noticed. B. Report on G.A.L.A. City Manager Cheney noted this should have been included under his report earlier. This was an extremely successful weekend. Those who had participated seemed to enjoy it and many stated they would like to work again next year. It was pointed out that Barnett Bank had done a good job again this year and that their spirit of cooperation was excellent. Several businesses seemed to have many customers they would not ordinarily have had. Mayor Marchese had been there for three days and noted the attendance was very good. City Manager Cheney noted that two other art shows were taking place last weekend - one in Tampa and one in Sarasota. He felt this was a very worthwhile community event. Commissioner Weiner was particularly impressed with the children's events. Mayor Marchese noted that the Parks and Recreation Department had gone out of their way to change the schedule to accommodate presentation of the bronze placque to the Coast Guard Floatilla 54. The plaque was beautiful. Five individuals had paid for the plaque out -17- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 7, 1989 of their own pockets, one of which was the President of the Chamber of Commerce. ADJOURNMENT As there was no further business to come before the Commission, the meeting properly adjourned at 7:45 P. M. CITY OF BOYNTON BEACH Mayor .... 'Commi~s ioner Commissioner ATTEST: City ~e~ Recording Secretary (Two Tapes) -18- AGENDA MARCH 7, 1989 COMMISSION MAR ~ 1989 APPROVAL ALLEN INSURANCE AGENCY Renewal of General Liability Communications Tower Pay from General Fund...001-195-5-443-00 ALLEN INSURANCE AGENCY Renewal of Police & Fire AD & D Policy Pay from General Fund...001-221-5-144-00 " " ...001-211-5-144-00 ALLIED PRODUCTS COMPANY Pebble Quicklime-Hi Calcium PO# 78241 Pay from Water & Sewer Revenue Fund...401-332-5-365-00 CH2 M Hill Professional services in connection with ozone pilot testing & upgrading of water treatment capacity. Task Order No. 5 Pay from 1985 Construction Fund...409~000-0-690-10 CH2 M Hill Professional services for improvements at East West Field - Invoice #02-485 Task Order No. 3 Pay from 1985 Construction Fund...409-000-0-690-10 CHUCK'S AUTO BODY & PAINTING Repair police vehicle # 318 - PO# 78083 Pay from Vehicle Service Fund...501-193-5-440-01 ALLEN C. CLARK-TAX COLLECTOR Payment of 1986 & 1987 past due taxes (Lot deeded to City by Stalworth re: Codes Enf. Case # 87-65) Pay from General Fund...001-194-5-912-00 DIVERSIFIED DRILLING CORPORATION Periodical Estimate #19-Test/Production Well Program Pay from 1985 Construction Fund...409-000-0-691-10 DYNATECH TACTICAL COMMUNICATIONS, INC. Flexicom radio adaptors & throat mikes For Motorola STX Radios-PO# 77846 Pay from General Fund...001-211-5-690-05 1,025.00 5,292.00 5,750.15 13,359.34 10,I44.27 1,038.90 1,360.45 120,792.93 5,980.74 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. GREATER BOYNTON BEACH CHAMBER OF COMMERCE Chamber of Con~nerce Services-statement dated 2/28/89 Pay from Publicity Fund...101-191-5-454-00 1,375.00 ERNST & WHINNEY, CPA Professional services rendered through 1-31-89 in connection with audit of City's financial statements for year ended Sept. 30, 1988 Pay from Various Funds 24,500.00 GAME TIME Stationary aluminum 6'long park benches-PO# 77889 Pay from Golf Course Fund...411-726-5-642-00 1,007.03 HECTOR TURF, INC. Mechanical trap rakes & accessory rake PO# 78052-Con~nission Approved Feb. 7, 1989 Pay from Golf Course Fund...411-726-5-680-08 17,450.00 IBM AS/400 Mod 40-System Support Education & Customer Education Classroom Course-PO# 76793 Commission Approved Oct. 18.1988 Pay from General Fund...001-181-5-670-02 " " ...001-181-5-470-10 " " ...001-181-5-670-03 31,372.50 JONES CHEMICALS INC. Hypochlorite Solution & Hydrochloric Acid Solution PO# 78220 Pay from Water & Sewer Revenue Fund...401-332-5-363-00 " " " --.401-352-5-361-00 4,774.95 JONES CHEMICALS INC. Chlorine & Sypochlorite Solution-PO# 78173 Pay from Water & Sewer Revenue Fund...401-332-5-363-00 6,001.55 KARSTEN MANUFACTURING CORP. Irons- PO# 78184 Invoice # 476138 Pay from Golf Course Fund...411-000-0-420-10 1,902.44 LECHCHEM INDUSTRIES, INC. Liquid Anionic Flocculant- PO# 77948 Pay from Water & Sewer Revenue Fund...401-332-5-365-00 1,962.00 3M Self Adhesive High Intensity #5877- PO# 77811 Pay from General Fund...001-411-5-348-00 1,151.28 COMMISSION MAR ~' ]989 APPROVAL 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. WILLIAM M. MERCER-MEIDINGER-HANSEN, INC. Balance on statement #5747 for 1988 valuation & related work approved by Employees Pension Board 2/16/89 Pay from Retirement Trust Fund...611-137-5-229-00 2,004.00 MORGAN, LEWIS & BOCKIUS Legal Services-January 1989 Chamber matter, PERC Conf & preparation of FOP contract Pay from General Fund...001-141-5-460-14 2,303.07 MOTOROLA INC. Monthly Service Contract-Hot standby microwave system Invoice # S5740153 Pay from General Fund...001-197-5-431-00 1,415.63 NEPTUNE WATER METER COMPANY Neptune Trident 10 Water Meters-PO# 77478 Commission Approved Dec. 20, 1988 Pay from Utility Cap. Improve. Fund...404-334-5-651-00 20,025.00 PARAMONT PRESS, INC. Printing of official statement for $2,390,000 GO Bond issue series 1988 Pay from Utility Service Tax Fund...302-888-5-797-00 6,243.35 PERKIN ELMER CORPORATION Gas Chromatographic System PO# 77443 Pay from Utility General Fund...403-332-5-642-00 35,851.35 PITMAN PHOTO SUPPLY 2 Cases Polaroid Spectra Film-PO# 77918 Pay from General Fund...001-211-5-380-01 1,110.00 PROFESSIONAL ADMINISTRATORS Reimbursement invoice January 19-31, 1989 Pay from Various Funds 8,953.73 SAFETY EQUIPMENT COMPANY Gas Monitor-4 Way Charger & Oxygen Sensor PO# 77808rCommission Approved Jan. 17.1989 Pay from Water & Sewer Rev. Fund...401-352-5-642-00 5,424.50 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT User charges for services rendered for January 1989 Pay from Water & Sewer Rev. Fund...401-353-5-490-09 117,240.86 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT Chlorine (pretreatment) per Budget Passthrough 1988/89 Pay from 1985 Construction Fund...409-000-169-12-00 1,551.78 COMMISSION ~R ~ m89 APPROVAL 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. SPILLIS CANDELA & PARTNERS, INC. Invoice No. 16 dated 2/13/89 RE: Multipurpose Recreation Building Pay from Public Service Tax Fund...301-721-5-463-00 7,198.74 SPILLIS CANDELA & PARTNERS, INC. Invoice No. 15 dated 2/13/89 RE: Multipurpose Recreation Building Pay from Public Service Tax Fund...301-721-5-463-00 31,400.00 VOLUNTEERS FIREFIGHTERS FUND Contributions for October 1988 thru September 1989 Pay from General Fund...001-221-5--985-00 1,552.00 BOYNTON BEACH ASSN OF FIREFIGRTERS-LOCAL 1891 Payment of attorneys fees in compliance with PERC order Case no. CA-87-079 Pay from General Fund...001-141-5-460-13 16,475.96 CAMEO SOFTWARE SOLUTIONS, INC. On-site Training Expenss 2/4/89--2/10/89 Pay from General Fund...001-181-5-470-10 8,709.52 HUNTER RS & H Consultant Fees-Subject-Housing Element Copies Pay from General Fund...001-151-5-462-00 1,000.00 IBM ROLM SYSTEMS Quarterly billing-Maintenance coverage January 1 thru March 31, 1989 Pay from General Fund...001-197-5-433-00 6,672.40 WALTER H. KELLER Consultant Fees--Subject-Traffic Circulation Element Pay from General Fund...001-151-5-462-00 8,775.00 MDH GRAPHICS SERVICES Printing of February & March Newletter Pay from General Fund...001-194-5-472-00 2,120.00 PEROXIDATION SYSTEMS INC. Invoice # 890107 - Peroxide for Odor Control PO# 78267 Pay from Water & Sewer Revenue Fund...401-352-5-365-00 37,299.60 MILLER & MEIER & ASSOCIATES, INC. Schematic Phase - West Wing Project No. 85906/C-18 Pay from Building Improvement Fund...304-241-5-640-18 4,972.50 MILLER & MEIER & ASSOCIATED, INC. 4,335.00 Interior Design Services - Project 85906/C14 & C15 Pay from Building Improvement Fund...304-194-5-460-~,,m , ~ a~ ijLJNiiVii APPROVAL 43. MILLER & MEIER & ASSOCIATES INC. 7,875.00 Schematic Design Phase - Fire Station No. 3 Project No. 88227 Pay from Building Improvement Fund...304-223-5-640-11 The bills described have been approved and verified by the department heads involved, checked and approved for payment. Grady~~r ter L. Chene~y, Cit~ Manager FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT¥, MUNICIPA;, AND OTHER LOCAL PUSLIC OFFICERS OLENIK, Robert, Jr. M~ ~NO ADDRESS ~9D Crossings Circle ~, ?ynton Beach, Palm Beach DATE ON WHICtl VOrE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE C/_"] t-v C. nmm'~ ec~-~ n'n THE B"OARD. COUNCIL. COMMISSION. AU'rHOR. ITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X crl Y ~ ~ COUNTY · ~ OTHER lOCAl AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ~ ELECFIVE ;_~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ? , INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES E ~TED OFFICERS: Pe v,;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 fi'om voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise ma)' participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an), attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ~ should complete and file this form {before making any attempt to influence the decision) with the pemon responsible for ! )rding the minutes of the meeting, who will iDcorporate the form in the minutes. ~' ~ 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. 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEE~'ING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the forn~ and file it within 15 days after the vote occurs wit h the person responsible for recording the mi of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Robert Olenik, Jr. . hereby disclose that on (a) A measure came or will come before my agency which [check one) inured to my specia} private gainl or inured to the special gain of (b) The measure before my agency and the nature of my interest in the ~easure is as follows: · 19. : · by whom lam retained. A payment made to Motorola, Inc., my employer, was included for approval in CONSENT AGENDA, Item 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 Fitec~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317 ¢1985), A FAILURE TO MAKE ANY REQUIRL. 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. i