Minutes 02-07-89MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA,
TUESDAY, FEBRUARY 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
Sue Kruse, Deputy City Clerk
Raymond A. Rea, City Attorney
Mayor Marchese called the meeting to order at 6:00 P. M.
The Invocation was given by Rev. Gilbert, Friendship Church
of God in Christ, followed by the Pledge of Allegiance to
the Flag led by City Manager Cheney.
AGENDA APPROVAL
Commissioner Olenik added an item under ANNOUNCEMENTS;
"Update of Fire Negotiations under CITY MANAGER'S REPORT;
"Discussion regarding hiring a lobbyist"; and "Discussion of
the time for the Utilities Master Plan Meeting" under
ADMINISTRATIVE.
City Manager Cheney deleted Item E. under CONSENT AGENDA.
Vice Mayor Hester added under LEGAL, OTHER,
"Comments/questions about the Code Enforcement Board."
Commissioner Weiner moved to approve the agenda as amended.
Motion was seconded by Vice Mayor Hester and carried 5-0.
ANNOUNCEMENTS
1. City Hall will be closed Monday, February 20, 1989 in
observance of Presidents' Day
Mayor Marchese made the announcement.
2. Proclamation - Jaycee Remembrance Week
18, 1989
- February 12 -
Mayor Marchese read the proclamation and presented i% to a
representative of Jaycee.
3. Proclamation - Poppy Days - February 17 - 18, 1989
Mayor Marchese read the proclamation and presented it to a
representative of the American Legion and Auxiliary of the
Cline-Pautsch-Kott Unit ~164.
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4. News Release - Commissioner Olenik
Commissioner Olenik read part of the news release which he
stated showed the true spirit of the people in the City.
William Nichols, Realtor with ERA, won a national award for
MDA fund raising. His company was a top fund raiser in the
fight against Muscular Distrophy - $19,206.00. For the
second year in a row he was among the 25 brokers who
accepted such awards in Las Vegas. Comm'issioner Olenik
stated that he and the City are proud to have such citizens
in Boynton Beach.
CITY MANAGER'S REPORT
1. Construction Schedule and Monthly Demolition Report
City Manager Cheney stated that due to a computer problem,
there was no construction schedule printed. He would pro-
vide that at the next regular meeting. The Demolition
Report was provided for the Mayor and Commissioners.
Vice Mayor Hester asked if a penalty clause was included for
the contract to construct the civic center complex if the
work was not completed on time. City Manager Cheney replied
there was a penalty clause and he would report back on the
time frame for that project.
2. Florida League of Cities
City Manager Cheney reported that on his visit to
Tallahassee he had an opportunity to meet with Secretary
Henderson, Secretary of the Department of Transporation.
City Manager Cheney spoke with him about the importance of
the 1-95 and 22nd Avenue Interchange and also thanked
Secretary Henderson and his office for their part in moving
that forward on the 5-year plan. City Manager Cheney also
reassured him that the City supports the Department of
Transportation as far as the Intracoastal bridge is con-
cerned. City Manager Cheney further assured him that the
City would participate as much as possible in the hearing to
begin on February 21, 1989.
3. Report regarding Applications being submitted for
funding to the Children's Service Council.
The Children's Service Council was approved by the voters at
a referendum a few years ago and is in the program to find
ways to direct funds to help young people and children.
They have a formal application process and the City with the
Commission's approval will submit applications for some
funding programs which relate to some type of a "teen club"
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concept. This would be for teenagers from 13-16 years of
age so they would have a gathering place which would be
programmed by the youth but under the City's auspice. City
Manager Cheney stated they are also proposing to put in for
a program for after school recreation for elementary age
children (often called "latch key" children). It is hoped
this program can be done in conjunction with the school
system. The programs are being put together jointly by the
Police Department and the Recreation Department. City
Manager Cheney also proposed to put in for a program which
would be aimed at helping "at risk kids" either assigned by
the Courts or through recommendations of the Police
Department, etc. Efforts would be made to get to those
children before they get into the criminal justice system
a negative way. These applications are due by March 15,
1989 and all fall under the general guidelines of the
Children's Service Council.
4. Budget
City Manager Cheney noted there was a major increase last
year, but he reminded the people that the increase for the
operating fund was 10 percent over last year. There was an
additional increase to fund the capital improvement program
which is indirectly tied into the growth management legisla-
tion. Twenty-two new positions were added in the general
fund (a 4 percent increase) with eleven of those being in
the public safety area. Eighty-one percent of the increased
costs this year went for personnel services (salaries,
health insurance, pensions, etc.). Seven percent went for
contractual obligations and six percent for materials. City
Manager Cheney had provided a list of dollar amounts which
went to each department.
Commissioner Weiner commented that she has requested City
Manager Cheney for a budget pie which shows the amount of
the budget which is mandated by the State. Over the past
few years there have been 223 such programs mandated on
municipalities by the State. The League of Cities was
unsuccessful in its lobbying attempts to finds ways to fund
those mandated programs. The League of Cities has taken it
upon themselves to encourage citizens to sign petitions
asking the State Legislature to cease forcing municipalities
to fund State mandated programs by themselves.
Commissioner Weiner commended City Manager Cheney and the
departments involved in applying for grant funds through the
Children's Services.
Mayor Marchese stated that when they were in Tallahassee, 75
percent of the interest seemed to be surrounded around
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mandates. He stated that it was planned to have several
volunteers at each precinct on March 14, 1989 requesting
voters to sign petitions which will be forwarded to the
Florida League of Cities and the Governor.
Commissioner Weiner noted that three structures have been
demolished to date (603 North Federal, 601 North Federal and
155 N.W. llth Avenue) and several other are moving in that
direction.
5. Fire Union Negotiations
In answer to a question by Commissioner Otenik, City Manager
Cheney stated that the negotiations are still in progress.
City Manager Cheney feared an unfair labor practice might
have occurred in that a consultant was paid to produce a
report which seemed to contain numerous errors. This had
caused some extra delays in the negotiating process while
the City reviewed the report.
The City Manager's Report was accepted as presented.
City Engineer
City Manager Cheney stated that Tom Clark, City Engineer, is
retiring after over 17 years of service with the City. Mr.
Clark came forward and expressed his thanks to the employees
of the City as well as the citizens. He stated that he had
enjoyed his job and would have a nice retirement pension.
CONSENT AGENDA
A. Minutes
1. Regular City Commission Meeting Munutes of Janaury
17, 1989
B. Bids - Recommend Approval - Ail expenditure are approved
in the 1988-89 Adopted Budget
1. Physical Fitness/Exercise Equipment
The Purchasing Department recommended awarding the bid as
shown on Addendum "A" attached to the original copy of these
minutes in the Office of the City Clerk.
2. Co-op bid for Liquid Chlorine - Utilities
The Purchasing Department recommended awarding the bid to
Jones Chemicals of Ft. Lauderdale, FL in the amount of
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$229.00 for one ton cylinder and $29.00 for 150~ cylinder as
recommended by the Cooperative Purchasing Council of Palm
Beach County.
3. Liquid Fertilizer - Municipal Golf Course
The Tabulation Committee recommended awarding the bid to
Liquid AG Systems, Inc., Pompano Beach, FL in the amounts
of: 12-0-6 $252.90; 11-0-5 $144.00; 8-0-8 $136.00; 4-0-12
$125.60; 30-0-0 $165.00 (per ton charges) as this bidder met
all exact specifications.
4. Three Mechanical Trap Rakes - Municipal Golf Course
The Tabulation Committee recommended awarding the bid to
Hector Turf, Inc., Miami, FL in the amounts of $16,800.00
for three trap rakes; $650.00 for an accessory rake - Total
Bid price $17,450.00 as this low bidder meets all specifica-
tions required.
5. Replacement of Motor Control Center - Water
Treatment Plant
The Tabulation Committee recommended awarding the bid to
Edward's electric of West Palm Beach, FL in the amount of
$342,690.00 as the low bidder did not submit a specification
check-off list and operational plan for the project which
was requested nor did they send a representative to visit the
site to become aware of the complexity of the project.
Commissioner Olenik was concerned that this bid was not
awarded to the lowest bidder. City Manager Cheney explained
that Southeastern Electric Corporation (lowest bidder) did
not send a representative to visit the site to become
completely aware of the complexity of the project as
requested. Southeastern also did not furnish the specifica-
tion check-off list and operational plan for the project as
requested. City Manager Cheney further stated that the City
has great confidence in the ability of Edward's Electric to
fulfill their obligation as they have a very good reputa-
tion. John Guidry, Director of Utilities, stated that this
has been in the planning stages for several months, and he
and his staff have a very good understanding of their
requirements. Mr. Guidry felt that Edward's Electric would
do a good job.
6. Various Edgers, Mowers and Blowers - Parks
The Tabulation Committee recommended awarding the bid to
five different bidders for $4,987.66 as follows: Tanaka
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Grass Edger - Able Lawnmower, Lake Worth, FL in the amount
of $375.96; Echo Hand Blower PB-100 - Burkhard's Tractor
Equipment, Inc., Davie, FL in the amount of $116.20; Echo
Hand Blower PB-210E - One Stop Lawn and Garden, Boca Raton,
FL in the amount of $149.95; Bob Cat Walk Behind Mower -
Pifer, Inc., Jupiter, FL in the amount of $618.75; and Toro
Self-Propelled Mower - Palm Beach Power Equipment in the
amount of $426.24.
7. Electrical Equipment for Replacement of Panels at
Wells 1, 2, 3, 6, and 8 - Utilities
The Tabulation Committee recommended awarding the bid to the
lowest bidder K & M Electric Supply, Riviera Beach, FL in
the amount of $8,660.65.
8. Replacement of Central and Ten Remote Telemetry
Units for the Wastewater Pumping Stations - Utilities
The Purchasing Department concurs with the recommendation
from the Utilities Department to award the bid to Data Flow
Systems, Melbourne, FL in the amount of $88,670.00.
C. Resolutions
Proposed Resolution No. 89-C Re: Designating Who
to sign vouchers and withdrawal slips drawn on City
depositories
"A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, DESIGNATING AUTHORIZED INDIVIDUALS TO
PREPARE, SIGN AND COUNTERSIGN CHECKS, VOUCHERS AND
WITHDRAWAL SLIPS DRAWN ON CITY DEPOSITORIES"
Proposed Resolution No. 89-D Re: Release of
$10,000 Restoration Bond for Fill Permit at Manor
Care, Inc.
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE RELEASE OF THE RESTORATION BOND IN THE AMOUNT
OF $10,000.00 FOR A FILL PERMIT AT MANOR CARE, INC., ON LOT
1, PLAT 1, IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST"
Tom Clark, City Engineer, recommended the bond be released
as the fill work has been completed without damage to public
or private property.
3. Proposed Resolution No. 89-E Re Release of
Restoration Bond for Excavation Permit at Wellesley
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at Boynton (West of Congress Avenue - North of
Meadows Boulevard)
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RELEASING THE RESTORATION BOND FOR AN EXCAVATION PERMIT FOR
MATERIAL REMOVED FROM THE WELLESLEY P.U.D. PLAT SITE IN
SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS RECORDED IN
PLAT BOOK 56, PAGES 99 THRU 104 OF THE COUNTY RECORDS"
Tom Clark, City Engineer, recommended the bond amount be
released as the excavation work has been completed and no
restoration work is needed.
D. Development Plans
None.
E. List of Payments - Month of December, 1988
Deleted by City Manager Cheney.
Consider restoration of Caterpillar Diesel
Generator/250KW - Emergency Power to Wells 6-11
John Guidry, Utilities Director, in his memorandum to
William Sullivan, Purchasing Director, dated January 13,
1989, requested that the generator set be delivered to
Pantropic Power and proceed with getting an estimate from
them for repairs.
Consider request submitted by Mr. Todd M. Donaldson,
Project Manager of Roepnack Corporation, for approval
for the placement of one (1) combination construction
and office trailer, in conjunction with the extension
Motorola.
The Building Department recommended approval for a one year
period.
Consider request submitted by Bob Knaresboro of Ryan
Homes, for approval to place one temporary construction
and office trailer to be used on site, in conjunction
with the construction of Heatherlake Subdivision.
The Building Department recommended approval for a one year
period.
Consider approval of special event signs for St. Mark's
Catholic Church for their Annual Parish Festival April 8
- 9, 1989
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Reverend John G. Block, Pastor, St. Mark's Catholic Church
requested approval in his letter to City Manager Cheney
dated January 24, 1989.
J. Consider request for disinterment from cemetery Lot
221B, Block R, Boynton Beach Memorial Park Addition
Mary Louise Sarachino requested disinterment of her husband
(Dominick) from Lot 221B, Block R.
K. Consider approval to extend banking services agreement
with Barnett Bank of Palm Beach for six months
Letter from Robert E. Wilkins, Jr., Assistant Vice
President, Corporate Services, Barnett Bank, requested the
extension of the agreement for six months (February 1, 1989
to July 31, 1989).
L. Consider approval of Chamber of Commerce Balloon Event
Craig R. Livingston, President, Greater Boynton Beach
Chamber of Commerce, requested approval of the balloon
regatta as part of the Memorial Day observations to include
color guard demonstrations by local Veteran groups and a
family oriented picnic.
Commissioner Olenik questioned whether this should be
approved prior to a presentation of the plans by the Chamber
of Commerce. Mr. Livingston came forward and explained that
they did not wish to proceed without some guidance from the
City as to whether or not they should continue. He
explained that the tentative plan was to have 10 - 12 hot
air balloons take off and land on the other side of the
site. There would be a family picnic and everything would
be family centered. It was a consensus of the Commission
that the Chamber of Commerce should proceed with their
plans.
M. Consider approval to transmit Road Impact Fees to Palm
Beach County
Grady Swann, Finance Director, in his memorandum to City
Manager Cheney of January 30, 1989, stated that according to
Palm Beach County Ordinance No. 79-7 amended by Ordinance
No. 81-4, that the City is to remit this amount to be placed
in trust for use in appropriate zones. Amount for Zone 25
is $2,700,322.07 and Zone 28 is $623,004.36 for a total of
$3,323,32643. Mr. Swann recommended the funds be forwarded
to Palm Beach County.
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N. Consider approval of Change Orders 11 and 12 for Seppala
and Aho
Bill DeBeck, Project Manager, in his memorandum to Assistant
City Manager George Hunt, recommended approval of change
orders 11 and 12.
O. Consider approval of Change Order No. 2 - Raw Water Main
- Wells 3W to 5W
John Guidry, Director of Utilities, recommended approval and
acceptance of this Final Balancing Change Order to permit
closeout of the project and termination of the contractor
(Solo Construction Corporation). All work has been
completed and final inspection was made on December 15,
1988.
P. Consider approval to place Special Event Signs in the
Community for G.A.L.A.
Charles C. Frederick, Director, Recreation and Parks
Department, in his memorandum to City Manager Cheney dated
February 1, 1989 stated this is an additional 3x5 foot
information sign to be placed on the Mobile Station property
at the corner of Congress Avenue and Boynton Beach
Boulevard with the concurrence of the owner of the property.
Q. Consider approval of Change Order No. 1 for the Child
Care Center
Bill DeBeck,
George Hunt,
January 23,
Project Manager, forwarded the Change Order to
Assistant City Manager, in his memorandum dated
1989, for processing.
R. Consider approval of Change Order No. 7 for
Test/Production Well Program Part A - Wells
John Guidry, Director of Utilities, in his memorandum to
City Manager Cheney dated January 31, 1989, recommended
approval of the Change Order.
S. Consider approval for upgrading Lift Station ~807
John Guidry, Director of Utilities,
his memorandum to William Sullivan,
dated January 26, 1989.
requested approval in
Purchasing Director,
T. Consider approval of zoning for alcoholic beverage
license
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J & J Productions, Inc. (Tropics)
2280 North Federal Highway
Boynton Beach, FL
U. Approval of Bills
List attached.
Commissioner Olenik abstained from voting on Items 27 and 28
(voting conflict form attached as Addendum "B.")
Motion
Vice Mayor Hester moved to approve Consent Agenda Items A.1;
B. 1, 2, 3, 4, 5, 6, 7, 8; C.1 (Resolution 89-C), 2
(Resolution 89-D) and 3 (Resolution 89-E); F; G; H; I; J; K;
L; M; N; O; P; Q; R; S; T; and U. Motion was seconded by
Commissioner Olenik and carried 5-0.
BIDS
A. Award of Bid for City of Boynton Beach Sanitary Landfill
The Tabulation Committee recommended awarding the bid to
Ranger Construction Industries, Inc. in the total amount of
$990,448.00 as they were low bidder who met all required
specifications.
City Manager Cheney stated that it had been planned for some
time to close this landfill site. It has not been used
since 1984. Ranger has done this type project before and
the funding has been planned for several years. The money
is available in the 1989/90 budget. When this has been paid
for the sanitary fees can be reduced.
Commissioner Olenik moved to award the bid for the City of
Boynton Beach Sanitary Landfill to Ranger Construction
Industries, Inc. in the amount of $990,448.00. Commissioner
Weiner seconded the motion which carried 5-0.
PUBLIC HEARING
None.
DEVELOPMENT PLANS
A. Request for temporary permit to operate the Stillwater
Boat at the former Sea Mist Marina
City Manager Cheney explained that Dane Mark, President,
Stillwater Cruises, had been located at Shooters (now
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Tropics) and for some reason was asked to leave that loca-
tion. Mr. Mark has moved to the former Sea Mist Marina but
has been told that everything would have to be brought up to
current code (landscaping and paving of parking lot) if he
stays there permanently. This would not make sense as the
property is currently being improved by the new owner. Mr.
Mark was requesting that he be allowed to stay at the Sea
Mist Marina through this season.
Dane Mark came forward and Mayor Marchese asked how long he
wished to use the temporary location. Mr. Mark stated that
at least through July. He has commitments which were made
several months ago (large church groups, weddings, civic
groups, etc.). When the new owners have completed the
purchase, Mr. Mark hoped to work out a permanent arrange-
ment with them. There was further discussion and Mayor
Marchese stated that he would like to see this service con-
tinue for the citizens of Boynton Beach.
City Attorney Rea stated that he could see no problems with
a temporary permit, but did not think a permanent one could
be issued.
Commissioner Olenik stated that he would also like to see
Mr. Marks remain in the area. He wondered if there were any
liability problems for the City. Commissioner Mann wanted
to support Mr. Mark as well. Mr. Mark stated that he did
have approval of the owner to remain in that location tem-
porarily. Commissioner Weiner also was in favor of Mr.
Mark remaining if there were no problems with allowing him
to do so.
City Manager Cheney noted that docking spaces are rare,
he felt that a temporary permit could be issued if the
Commission desired to do so.
and
Vice Mayor Hester moved to approve giving a temporary permit
not to exceed July 31, 1989 and that any administrative
requirements would be worked out with City Manager Cheney.
Motion was seconded by Commissioner Weiner and carried 5-0.
Mr. Mark thanked Mr. Owen Anderson of the Chamber of
Commerce for his assistance and interest.
B. Ten Acre Parcel on corner of Boynton Beach Boulevard and
Oakwood Road
City Manager Cheney stated this issue had been addressed at
the last meeting, and Mr. Annunziato had made a presentation
at that time. Mr. Annunziato would make another presen-
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tation at this meeting, addressing the issue from an
intergovermental coordination on comprehensive planning bet-
ween the City and the County in an area which vitally
affects land use planning, comprehensive planning, and
zoning for both the City and the County. The City feels it
is important in light of the growth management legislation,
the principles of the area wide planning counsel which is
aimed at eliminating conflicts in planning, that areas such
as this must be given careful consideration. Whatever is
agreed to in the planning process, then the utilities
agreement is granted for that particular zoning and area at
that time. Mr. Daniels was not present at the last meeting
and requested this be placed on the agenda for this meeting.
Last meetings' minutes will be incorporated as a part of
this request.
Mayor Marchese reminded the Commission that a vote had been
taken at the last meeting and it was unanimously rejected.
Steven L. Daniels and Fred C. Cohen, Attorneys with Cohen,
Scherer, Cohn & Silverman, representing Nicholas A.
Solimine, Jr., contract purchaser of the property, presented
a drawing which showed the property under consideration.
Attorney Cohen corrected the statement this was a i0 acre
parcel, and noted that it was 1.645 acres. Attorney Cohen
stated that Mr. Solimine is purchasing property which is
located in the County and not in the City. It is not con-
tiguous to the City. He stated that the City is the utili-
ties authority for the property as a result of an agreement
between the City and the County which established utility
boundaries. The County has granted the City the right to
provide water and sewer service for this area. The City has
a bond resolution, and agreed to seek to retire those bonds
by revenues coming from those property owners. Attorney
Cohen pointed out that this is an exclusive right for the
City and no one else can furnish the water and sewer for
this area. He stated that since this is an exclusive right
that the City is required to furnish water and sewer service
for those in its service area. Attorney Cohen gave the
following reasons why he felt the City must provide water
and sewer for his client: 1) Agreement with the City and
County, 2) the exclusivity, 3) a resolution passed by the
County and all the other Cities which is the facilities plan,
and 4) the Bond Resolution which is the mandate to accept
revenues from property owners to retire the bonds. Attorney
Cohen stated that the property is currently zoned general
commercial in the County. They are requesting that the
County through its zoning process grant them permission to
have a special exception to go from general commercial to
general commercial special exception for an automobile care
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facility. This will be basically a commercial shopping
center which provides for the uses ancillary to the service
of automobiles (lubrication services, etc.). There would
be no gas tanks put on this site. Attorney Daniels passed
two pictures to show the type facility they were proposing.
He pointed out that the property under discussion is located
4-6 feet from the actual line established for Boynton Beach
and is in the immediate area for tying into this utility
service. Attorney Cohen urged the City to consider this
request for utility service and not from the zoning stand-
point. They have no plans to request annexation into the
City. He continued by saying that the developer is fully
prepared to design and build a very aesthetically pleasing
automobile care facility. The County has a strict process
to go through to request the zoning change, and they will be
required to adhere to those requirements.
City Manager Cheney explained that the agreement between the
City and County goes back past the 1985 authority. In 1985
the resolution simply adjusted the boundary lines in the
Military Trail Area. Attorney Cohen asked if the City has
the right to grant the water and sewer service to this area,
and City Manager Cheney replied that it does. Attorney
Daniels stated that the reason his applicant has to go for
the special exception is due to the fact that the present
zoning regulations in the County do not specifically spell
out automobile care facilities. Commissioner Olenik
clarified that their request is a special exception as well
as a rezoning request to the County.
Mr. Annunziato referred to his memorandum dated December 15,
1988 to City Manager Cheney which explained the Planning
staff's position in regard to this request. (See Addendum
"C" attached to the original copy of these minutes in the
Office of the City Clerk.) He stated that annexation is not
a consideration at this time; but in terms of the future use
of land, the request for a car care service center is not
consistent with the adopted City position as stated in the
Area 70 policy as the location is more than 660 feet west of
Knuth Road. Mr. Annunziato recommended the City not enter
into an agreement to serve this site with utilities for a
car care facility due to the abovementioned inconsistency
between the use requested and the City's land use policy.
Mr. Annunziato felt that the days of granting land develop-
ment orders of any sort out of context with the
Comprehensive Plan are gone. He felt that since 1975 when
the growth management legislation was approved, one cannot
unilaterally apply one aspect of the Comprehensive Plan
without applying all aspects of it. He reiterated that this
is a Comprehensive Plan consistency issue. Basically, the
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Planning staff had found that the Comprehensive Plan as
reflected in the 1986 Evaulation and Appraisal Report as
adopted as an amendment to the 1979 plan shows the land use
to be office/professional/commercial consistent with the
County's plan. For this reason the request to rezone to CG
in the County (similar to the City's C-3 zoning) along with
the special exception for a car care facility would be
inconsistent with the Comprehensive Plan.
Commissioner Weiner asked if the county rezoning would be
equivalent to rezoning from C-1 to C-3 in the City, and Mr.
Annunziato stated that it was approximately. Commissioner
Olenik asked if the City denied the utility service, if the
County would deny the rezoning request. City Manager Cheney
stated that the County has not done anything in the past
until they were assured that utilities would be available.
He stated that was the old way of doing things, but the City
is suggesting there is a new way of doing things. He
further stated that the applicant can apply for an amendment
to the Comprehensive Plan which would carry with it the
implication for rezoning through the context of planning.
After the planning issue is addressed and the City and
County staffs work together then the utilities issue can be
addressed.
Vice Mayor Hester clarified if the request before them was
just for utilities, and if granted and they went to the
County for the change, if the applicant would then come back
through the City. Mr. Annunziato stated that if utility use
was granted, the applicant would then be put into the County
zoning special exception process with public hearings, etc.
Vice Mayor Hester felt that the County, due to the agreement
with the City, would look at the City's Comprehensive Plan
and Mr. Annunziato felt they would. Commissioner Olenik
asked if they must go before any regional planning body, and
he was told they would not. City Manager Cheney felt that
the City would testify before the County in some manner
(Comp Plan hearing or Special Exception hearing, etc.).
City Attorney Rea stated that he had discussed this with
Attorney Skip Miller with Cohen, Scherer, Cohn and
Silverman, a few weeks ago. At that time they provided case
law which they felt mandated the City to provide the water
and sewer service to the area. City Attorney Rea was not
convinced that the case law referred to was not specifically
applicable to the case in question. He felt that this issue
was for the Commission to decide. He felt the City's hands
would be tied if they had to approve any request for water
and sewer within their boundaries no matter if they are in
conflict with the planning for the City. He felt that if
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the applicant chose to litigate the issue it would be liti-
gated for many years as it is an extremely important issue
from the public policy issue and as far as the law is con-
cerned. He futher stated that if the Commission wishes to
approve the agreement, they would have to rescind the action
taken at the January 17, 1989 meeting and then make a new
motion.
Commissioner Olenik was concerned that the applicant had
ample notice so they could have appeared at the previous
meeting. Attorney Cohen stated he was not aware of the
issue coming to the Commission on that date. City Attorney
Rea had informed Attorney Cohen's office and City Manager
Cheney had told Mr. Solimine two weeks prior to the meeting.
Attorney Cohen read part of the letter from the County
Utilities Department which addressed the issue to City
Manager Cheney dated January 19, 1989, reference Water
Service to Solimine property. "Dear Mr. Cheney: The under-
signed has received the enclosed letter which is self-
explanatory. The City's apparent position in this matter
raised two concerns which I would like to pass on to you.
1) While this property is very distant from the County ser-
vice area, it at least raises a concern regarding establish-
ment of precedence by the City in agreeing or disagreeing to
serve properties west of Military Trail that were the sub-
ject of our mutual service agreement some time ago. 2) The
undersigned has strongly defended the concept that an entity
requesting zoning approvals have a confirmation of
water/sewer service. This policy has been vigorously
enforced by the County. The City's position might lead the
County to choose to allow this developer to proceed through
the zoning process without a specific confirmation on the
basis that development would be delayed pending service
being provided if legal recourse was successful. I would
wish to avoid such a waiver as a matter of policy. We have
maintained the philosophy in the past that zoning authori-
ties make their decisions on the particular merits and have
not used water and sewer specifically as a handle. I would
hope that you reconsider your position and that the City
would tackle the zoning issue in an appropriate other forum.
I would appreciate receiving your comments on this matter so
that I may assist in formulating a County position in
handling this rezoning action. Sincerely, Robert Weissman,
Assistant County Administrator." City Manager Cheney stated
that he had prepared his response to Mr. Weissman but it had
not been typed as yet. City Manager Cheney stated that it
was important to recognize that Mr. Weissman is the former
County Utilities Director and utilities is one of his
responsibilities. Also, City Manager Cheney had written to
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tell him that he did not understand Mr. Weissman's first
paragraph at all. Whether or not the City furnishes utili-
ties west of Military Trail, the City had done so a number
of times and had nothing to do with the issue at hand. He
also suggested there is a planning issue and City Manager
Cheney recommended that Mr. Weissman and another County
Assistant Administrator (Sam Shannon) get together and
decide whether the Comprehensive Planning and the Growth
Management area come first or the utilities issue, or if
they somehow come together. City Manager Cheney again
stated there is a forum for the property owner to proceed,
and that is that the Comprehensive Plan be amended.
Attorney Cohen rejected that as an alternative as he did not
feel this was the way to proceed under the circumstances.
Attorney Cohen stated that as far as the case law stated,
the cases which exist are clearly distinguishable and are
not in favor of the City. He noted there are cases which
substantially support the proposition that when you are a
utility authority, you must provide that service not-
withstanding your objections otherwise. Attorney Cohen
asked if the City has the capacity to serve the property
with water and sewer. City Manager Cheney replied that, of
course the City does, as it planned the utility system pro-
perly to meet its requirements.
It was a consensus of the Commission that their motion made
at the January 17, 1989 meeting would stand as approved.
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
None.
B. Ordinances - 1st Reading
Proposed Ordinance No. 89-2
Parking Lots
City Attorney Rea:
City Attorney Rea read Proposed Ordinance No. 89-2 in
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, ARTICLE
X, SECTIONS 5-138 AND 5-139 OF THE CODE OF
ORDINANCES TO CLARIFY THE SCOPE AND APPLICATION OF
THE PARKING ORDINANCE AND EXEMPTIONS THERETO;
PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER5, ARTICLE X NOT SPECIFICALLY AMENDED HEREIN
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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 explained the reason for this ordinance
was to clarify the Parking Ordinance. The City has been
involved in a lawsuit dealing with the application of this
Ordinance and when the new Ordinance is to be implemented.
The court ruled that the two provisions were in conflict and
as such ruled in favor of the applicant to provide an excep-
tion to him. This ordinance should clarify the time the
Ordinance should be implemented.
Motion
Commissioner Olenik moved to adopt Proposed Ordinance No.
89-2 on first reading. Vice Mayor Hester seconded the
motion and a roll call vote was taken by Sue Kruse, Deputy
City Clerk as follows:
Commissioner Weiner - Aye
Mayor Marchese - Aye
Vice Mayor Hester - Aye
Commissioner Mann - Aye
Commissioner Olenik Aye
Motion carried 5-0.
2. Proposed Ordinance No. 89-3
14 - Motor Vehicles
Re: Amending chapter
City Attorney Rea read Proposed Ordinance No. 89-3 in
title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES CPiAPTER 14 MOTOR VEHICLES AND TRAFFIC BY
AMENDING SECTION 14-3 TO REMOVE THE ENFORCEMENT,
LIABILITY, AND PAYMENT PROVISIONS FROM SAID SECTION;
BY CREATING A NEW SECTION 14-5 DELINEATING
PROHIBITED STOPPING, STANDING OR PARKING IN
SPECIFIED PLACES; BY AMENDING SECTION 14-9 TO REMOVE
THE PENALTY PROVISION FOR DISABLED PARKING SPACES
AND TO AUTHORIZE THE TOWING OF VEHICLES; BY CREATING
A NEW SECTION 14-10 ESTABLISHING LIABILITY FOR THE
PAYMENT OF PARKING TICKET VIOLATIONS; BY CREATING A
NEW SECTION 14-11 TO PROVIDE FOR CIVIL PENALTIES FOR
ALL NON-MOVING TRAFFIC VIOLATIONS; PROVIDING THAT
EACH AND EVERY OTHER TERM AND PROVISION OF CHAPTER
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14 SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
City Attorney Rea clarified this establishes clearly what
type of non-moving violations are violations in the City and
especially brings the fee structure for civil penalties in
line with what is permitted under State Statute. This
includes an increase in the fee for disabled parking to
$100.00. It also provides specific authority to the City's
police officers to tow vehicles that are parked in such
parking spaces.
Motion
Vice Mayor Hester moved to adopt Proposed Ordinance No. 89-3
on first reading. Commissioner Weiner seconded the motion.
City Attorney Rea clarified that the penalty provisions are
being removed and placed into another section. A roll call
vote was taken as follows:
Mayor Marchese - Aye
Vice Mayor Hester - Aye
Commissioner Mann Aye
Commissioner Olenik Aye
Commissioner Weiner Aye
Motion carried 5-0.
C. Resolutions
1o Proposed Resolution No. 89-F Re: Solid Waste
Authority Site 91 - West Boca Raton
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REQUESTING THE SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY TO RETAIN ITS
SELECTION OF THE WEST BOCA SITE NUMBER t AS A
LANDFILL, TRANSFER STATION SITE AND IF REQUIRED A
FUTURE BURNING UNIT AND FOR THE PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS TO SUPPORT THE
SELECTION OF THE SAME; PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
City Attorney Rea read Proposed Resolution No. 89-F in
entirety.
Carole Phillips, Palm Beach County Commissioner, 18598
Woodstream Drive, Boca Raton, came forward to ask the
its
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Commission to delay their decision on approval of this reso-
lution in order to obtain more information regarding the
issue. She was appearing as a citizen and a mother who
lives in West Boca Raton and not in the capacity of County
Commissioner. She stated that much misinformation had been
sent out to the public in the newspaper. The 1988 Solid
Waste Management Act specifically emphasizes recycling. One
of the goals is that the County should strive toward in a
very short period of time recycling 30 percent of its solid
waste. She noted that not all solid waste can be burned.
Fifty percent is considered trash and 50 percent is con-
sidered garbage. Of the garbage percentage only a certain
percentage is burnable. In order to abide by this, the
cities and State will have to pull out newspapers, bottles,
and other things to recycle. She felt it was also an issue
in the zoning responsibility. She questioned if it is the
County's responsibility to determine land use and zoning or
will another authority created by the State be allowed to
take that responsibility away. She did not think the City
would allow anyone else to tell them how to zone their land.
She was looking at the need for an incinerator versus com-
posting. She referred to the daily operating costs for two
full scale facilities in the future. The cost for one faci-
lity would be $200,000,000.00. The County has already spent
a large sum of money on investigating the facilities, and
she did not want to see such a costly mistake made. Many of
the facilities which had already been built have gone out of
business due to the lack of garbage to burn. She was
looking at the issue from an economic business standpoint.
She also pointed out that the Board of County Commissioners
over a year ago elected to recommend to the Solid Waste
Authority that they could have 700 acres in western Boca
Raton for a Class III dump (construction debris, grass clip-
pings, white goods, etc.), and the Solid Waste Authority has
chosen to ignore the County Commissioners and is going ahead
with condemning 1200 acres in the eastern part. She pointed
out the areas on a map she presented for the Commissioners
to see. She could not see spending that amount of money if
an incinerator would not be needed in the year 2010. The
Pompano City Dump is located 4 miles south of this site and
they plan for a mass incinerator in that location. She
pointed to an area on the western side in the Loxahatchee
Water Conservation Area ~1, and noted there are over 500
square miles of acreage (agricultural preserve). Over a
year ago the National Geological Survey prepared some state-
ments which were questioned by the County Commissioners,
saying that the far western area would be a far better to
place a landfill due to the underlying bedrock and the fact
that the underlying water is so salty it is worthless. She
stated that the Board of County Commissioners will be
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addressing, strengthening the criteria for placing the land-
fill to protect the quality of life and the children so as
not to allow landfills in residential areas. There will be
a roundtable of the update of the County's Comprehensive
Land Use Plan. She did not want the City to be used by the
Director of the Solid Waste Authority whose policy in the
past has been to divide and conquer the community in the
county. She again requested that the Commission reconsider
and not approve this resolution at this time.
Commissioner Olenik, speaking as the South County
Representative of the Solid Waste Authority, stated that he
had received 300 letters from West Boca residents and he
could share their concerns. The 1988 Solid Waste Act passed
by the Legislature included some stringent recycling
programs. Palm Beach County Solid Waste Authority has some
very aggressive recycling programs, one of which Boynton
Beach is a participant. He agreed that not all garbage is
burnable. He had been to the North County Solid Waste
Resource Recovery facility and noted it will be coming on
line in October/November this year. This facility is a
state of the art facility in the United States. It can
separate trash from the recyclable types of garbage. Those
will be sent out prior to the incineration process.
Commissioner Phillips had toured that facility as well. As
to zoning, Commissioner Olenik understood the site is zoned
for this type of use. All that will be needed is a Special
Exception (a type of Conditional Use if comparing to Boynton
Beach). He did not feel the Solid Waste Authority was
trying to place something into an areas where it is not so
zoned. He also referred to the Board of County
Commissioners offering an area for a Class III dump. He
felt this was fine, but South County is producing a great
share of the garbage in the County and he did not feel it
was fair to put the garbage in another area simply because
fewer people live there. Nobody wants this in their
backyard, but there are certain requirements which must be
met to meet the needs of the people. Commissioner Olenik
stated that much time and effort had been spent in selecting
Site ~1.
Commissioner Weiner expressed her sympathy to Commissioner
Phillips. She noted that garbage is a problem they will all
be faced with. She had been following the Solid Waste
Authority's decision as closely as possible. She had come
from an area where there was a landfill close by. This pre-
sented many problems, but not having it would have caused
many more problems. She was forced to "bite the bullet"
and approve the Resolution.
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Vice Mayor Hester assured Commissioner Phillips that this
Commission is not swayed by anyone. He noted the amount of
time and studies which had gone into the decision. He was
in favor of going along with the Resolution.
Commissioner Phillips had read the reports and was very
familiar with annual reports and figures. She stated this
was a political decision and many of the reports were
generated for inches and not for quality. As far as a
Resource Derived Facility, this was not really economical.
She felt it would be impossible to keep out all the pollu-
tants and it was not economical and would go to a mass incin-
erator due to the economics.
Mayor Marchese felt the way Commissioner Phillips did, but
he felt that at times the people are forced to "bite the
bullet." He could not see placing this further west due to
costs involved. He felt they had to be guided by the people
who made the studies. He noted that even if things change
in a few years, something has to be done at this time to get
rid of the County's waste.
Motion
Commissioner Olenik moved to adopt Proposed Resolution No.
89-F. Motion was seconded by Commissioner Mann and carried
5-0.
Commissioner Phillips thanked the Mayor and Commission for
their attention.
D. Other
1. Water Service Agreements
City Manager Cheney stated that the following five requests
need no special comments as all are recommended for approval
by the Utilities and Planning staffs, and are consistent
with the planning issues.
a. Trammel Crow Company
Commissioner Weiner moved to approve the water service
agreement for Trammel Crow Company. Vice Mayor Hester
seconded the motion which carried 5-0.
b. Robert C. Bridges
Vice Mayor Hester moved to approve the water service
agreement for Robert C. Bridges. Motion was seconded by
Commissioner Mann and carried 5-0.
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c. Hilga Buchanan
Commissioner Weiner moved to approve the water service
agreement for Hilga Buchanan. Motion was seconded by
Commissioner Mann and carried 5-0.
d. Health Care and Retirement Corporation of
America
Commissioner Weiner moved to approve the water service
agreement for Health Care and Retirement Corporation of
America. Motion was seconded by Vice Mayor Hester and
carried 5-0.
e. Ronald J. Dingle
Vice Mayor Hester moved to approve the water service
agreement for Ronald J. Dingle. Motion was seconded by
Commissioner Olenik and carried 5-0.
e
Discuss removal of Code Enforcement Board Liens:
988-20002194 and 88-20002195 - Lots 22-27 and East
12.5' of Lot 43, Block 16, BO1-NTON HEIGHTS
In the above cases City Attorney Rea stated that the City's
liens did not appear on the record books until after the
foreclosure was filed. The City has the option to keep them
on the books and wait six months to have them thrown out or
go ahead and release the liens as requested. The City
Commission is the only body with the authority to release
the liens at this point. City Attorney Rea recommended the
the liens on the above two cases be released.
Motion
Commissioner Weiner moved to remove the Code Enforcement
Board liens on ~88-20002194 and ~88-20002195. Commissioner
Olenik seconded the motion which carried 5-0.
3. Discuss entering into a six month trial contract
with Westlaw
City Attorney Rea stated that Westlaw is the computerized
legal research bank provided by West Publishing Company.
The are providing a special six months offer which would
amount to an experiment for $1,800.00. It is renewable
after this period of time if desired. City Attorney Rea
felt this would allow them to test the system to see if it
is beneficial. There would be unlimited use for a two month
period and then three hours of computer time per month for
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the remaining four months. City Attorney Rea stated that he
would limit the use to three hours per month as it would be
costly to do otherwise. Westlaw would provide the hardware
for the City's use. Mayor Marchese had seen this used and
was very impressed with it.
Motion
Commissioner Weiner moved to approve the six month trial
contract with Westlaw for a sum not to exceed $1,800.00.
Motion was seconded by Vice Mayor Hester and carried 5-0.
4. Code Enforcement Board
Vice Mayor Hester had a question relative to the Code
Enforcement Board. He had received two letters from a
member of the Code Enforcement Board and wanted an opinion
from the Commission regarding this. Two letters had been
written to Mr. Howell, Building Official, concerning enfor-
cement violations. He was concerned that when these cases
come before the Board if that Member would have to abstain.
Vice Mayor Hester read from the letter written January 31,
1989: "Dear Mr. Howell, I would appreciate your department
enforcement officers investigating the following which
appear to be violations and if they determine them to be
violations take all action necessary to correct these viola-
tions.'' There was a list of 13 possible violations in that
letter. Vice Mayor Hester was concerned that if these come
before that Board if there would be any problem for the
member making the request to Mr. Howell. City Attorney Rea
stated that the way the letter was worded was not a cause
for concern as it stated there appeared to be a violation,
and she wanted them to check into the matter. It did not
show there was any prejudging of the issue. He saw no
problem with the Member sitting on that Board and voting on
the issue. He felt that a citizen who serves on a Board
still has rights as a citizen. This was a request to
investigate, and no predetermination had been made.
After a short break, the meeting resumed at 8:25 P. M.
PUBLIC AUDIENCE
Verbatim requested by Robert Walshak, Chairman, Planning and
Zoning Board
Appointment to Planning & Zoning Board
Nathan Collins, Jr., 429 N.W. 8th Avenue, came forward to
speak.
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Collins:
My name is Nathan Collins, Jr. and I have
resided in the City of Boynton Beach for the
past 43 years. I live at 429 N.W. 8th Avenue
and I have been there for the past 22 years. To
the City Commissioners, Mr., Commissioner Mann,
Commissioner, Olenik, (I hope I get these names
correct.), Ms. Weiner, Commissioner Weiner, Vice
Mayor Ezell Hester, and Mayor, Mr. Marchese, I
would like to express my sincere displeasure for
not being appointed as a regular member of the
Planning and Zoning Board after the opening of
the Board, the Board became available. I was
appointed as an alternate by the Commissioners
under the assumption that when the first opening
became available, I would be given an oppor-
tunity to be a regular member of
the Planning and Zoning Board. The Mayor, Mr.
Ralph Marchese, decided when that vacancy became
available to appoint a Mr. Carl Zimmerman, who
was not an alternate member of the Planning and
Zoning Board. It is my understanding that when
there is an opening on the Board, that an alter-
nate would be moved up into that capacity. I
ask you, is that the Board's policy? If it is
not, you should still reward those people who
are willing to give up their time and energy to
serve the City of Boynton Beach. I hope that I
get these names correct. I just want to give
you a scenerio of basically what took place.
You have policies and procedures. I listened to
the Commission this afternoon make some very
tough decisions. There was a format that was
used. And you have policies and procedures, and
at some point in time, I don't think you should
change those policies and procedures in the
middle of the game. Mr. Trauger, I hope this is
correct, resigned from the Board. Alternate
Mr., I guess this is correct, Mr. Lehnertz...
Hester:
Lehnertz.
Collins:
Lehnertz was appointed. Mr. Wandelt resigned
from the Board. Alternate Mr. Aguila was
appointed. Mr. Jackier resigned from the Board.
Mr. Collins was the number one alternate;
however, Mr. Zimmerman was appointed, leaving
Mr. Collins and Mr. Howard as alternates. I
have a real problem with that. Upon learning of
the appointment,*Mr. Carl Zimmerman,,Mayor, gave
me a call. I spoke with him at some length at
*Note:
The speaker said "Mr. Carl Zimmerman" but the intent was to say
"Mr. Ralph Marchese."
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Collins
Cont'd:
my home. His reason for the appointment of Mr.
Zimmerman was as follows: He wanted someone who
had experience in dealing with zoning laws. A
person who had knowledge of planning and dealing
with various agencies within the County and had
knowledge of the Comprehensive Plan. A person
who had experience in dealing with the
Commissioners, and who had experience in serving
on the various boards. Fine. I had no problem
with that. I believe this appointment was
either racially motivated or for political gain.
That's my personal opinion. I might be totally
wrong. However, I submitted an application to
the City applying for the Board. My qualifica-
tions were on that application. Just to mention
a few of my qualifications: I attended
Poinciana Elementary School. In fact my second
grade class was the class that named the school
because it had just opened. I attended Carver
High School in Delray Beach, Florida. I earned
a Bachelor of Science Degree in Building
Construction from Maryland State College. I
earned a Masters Degree in Industrial Education
from Florida A & M University. I earned a
Specialists Degree in Administration and
Supervision from Nova Universtiy. I am
currently employed with the Palm Beach County
School Board as an Assistant Principal at
Spanish River Community High School in Boca
Raton. I am in charge of the physical plant
which is worth about $16,000,000.00. I handle
the entire school budget which I cannot mention
to you how much that is. It's quite a bit. We
have 190 something faculty on our staff because
we are about 3,000 students. I am in charge of
the transportation to and from the school - the
buses, custodial staff, cafeteria staff, the
athletic department. I also have assisted the
School Board - there are two new high schools
that are getting ready to be built. One, as I
can think of in Palm Beach Gardens. The other
in Boca Raton. I think they may even be
planning one here in Boynton as a prototype. I
assisted the City Engineer, the County Engineers,
the School Board Engineers and Architects, in
planning that school because of my knowledge and
expertise in constructions, and having been a
teacher for 13 of those years before getting
into administration. I also worked with the
County School District in helping them plan pro-
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Collins
Cont'd:
Marchese:
jects throughout the District. I also served on
a committee that helped to overhaul the City's
sign ordinance. This appointment was given to
me by former Mayor Nick Cassandra and
Commissioner Ezell Hester. I thought that I did
a fairly decent job on the committee. It is my
contention that the City has missed a golden
opportunity by not appointing myself as a regu-
lar member of that Board. I feel that I can
best represent the citizens of Boynton Beach on
that Board. In closing, I would like to ask the
Mayor, which he does have the authority to make
those appointments, and I have no problem with
that, because I respect authority. I have to
make decisions every day in my line of work.
But I try to be as fair, consistent in following
policies which are set up. I ask the Mayor
would he reconsider his appointment of Mr.
Zimmerman on that Board, and give me another
consideration. Thank you.
Mr. Collins, Mr. Collins, may I respond, please.
I think I spoke to you on the phone at the
suggestion of Les... McDermott, I'm sorry.
First, I want you to understand something very
clearly. I am not racially motivated. Never
have been, and never will be. Race, color and
creed, to me do not cut people out. I
explained to you that, you told me about all
your qualifications, I told you about the number
of blacks that I have supported and gone in
first. And I am very proud of that. My problem
with the Planning and Zoning Board, and why I
did what I did, I explained to you and I will
explain it once more. We're undergoing a
Comprehensive Land Plan Use. The suggestions
and changes that were made were compatible with
the plan that we have. But that information was
coming out all wrong out of our Planning~and
Zoning Board. And so, because of it, we lost
TIF money. Money that we sorely need to redevelop
the northeast portion of town. You were a
gentleman on the phone and I certainly respect
you for your knowledge and experience. You have
been on the Board and attended one meeting. I
needed somebody who absolutely knew Comp Plan
uses. Mr. Zimmerman is a dedicated person just
like you. He had been a Commissioner, been a
Vice Mayor and he had been a Mayor.
Unfortunately, there are times when we do have
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Marchese
Cont'd:
Hester:
to make a decision that is not quite always the
way we want it. And I will make that decision
when I have to. I had to make it then, and I
did. During our conversation I was so pleased
with your behavior and your background that I
said to you, "I think you ought to consider
running for the Commission. You live in
Hester's section. Mr. Hester is going to have
to come out at the end of his term, and I think
that you should make every effort to become a
part of the Commissioners." I was so pleased I
called up Les. I said, "Les, work on that guy.
He doesn't belong on the P&Z Board alone. He
belongs on the Commission." Now if you think
that I am a racist, Sir, I can't stop you from
thinking that, but I do have a great deal of
respect for you. I will make that same decision
the next time I have to. Let's get back to the
order of moving alternates. I am absolutely
within my right to pick a person who has the
expertise that I am looking for when I make a
permanent appointment. I have a lot of respect
for people who are alternates. They do serve
like the rest of them, and they get one dinner
once a year - a free dinner. We are in the pro-
cess of making some comments about the use of
alternates. And I think that we at some point
ought to guarantee an alternate moving up, but
there has got to be a length of time. Kind of a
breakin period. Right now the rule reads, "You
appoint an alternate unless you find that he has
to have special qualifications." The case of
Mr. Zimmerman I thought, and I know he has it.
That's the reason I did what I did. Now, I want
you to know that my conversation with Les was a
very friendly one. Just one more thing I want
to remind you of. I was born in the lower east
side of New York City and I grew up in east
Harlem. Colors don't mean nothing to me. Thank
you.
Mr. Mayor, I wish to make a comment too, please.
I understand you have the right to appoint
whoever you want to that position. But the last
month or so we have heard a lot about policy,
and there is a policy on the books that we are
to move the alternate up. It didn't say you
had to be on there one day, one minute or two
years. If we are going to follow policy, as
I have stated, and I think you know I was
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FEBRUARY 7, 1989
Hester
Cont'd:
Marchese:
Hester:
against both of these policies, but I try to
stick with them. If we are going to follow
policy, then I think we ought to follow policy.
Now you are inferring to me that nobody on the
Planning and Zoning Board knows anything about
the Comp Plan, Comprehensive Plan. That's what
you are inferring to me. That's what you infer
to me. When the first member of the Board
resigned, as Mr. Collins already said, the
alternate was pushed up. No questions asked.
Tl~e next person who retired, I mean, left the
Board, no questions asked - the alternate was
pushed up. Now if you are going to follow
policy, you followed it those two times, why all
of a sudden get to this point when we have to
say, well, I am going to do something else. I
need somebody. Qualifications on that applica-
tion says you need two or three people in the
field of building. That's all it says. It
didn't say you have to qualify in any area, and
I don't think there is no special type of person
required on that Board. So, I just think that
if we are going to follow policy, I don't care
who it is, then let's follow policy. And I, as
I said, you have your right, but in this
sequence of events the last two months, all
alternates were moved up without any questions
asked. I don't think any of us would put
anybody on the Board that's not qualified,
personally. I don't think we would. I was
placed on the Planning and Zoning Board a long
time ago, and I didn't have any experience
either, but I was put on the Board. (Tape
turned at this point)...area to be on that
Planning and Zoning Board, and I am not
(inaudible) with the opportunity. I would be
the first to put that person on the Board that
would represent another segment of the com-
munity. I think I said the same thing when we
voted for Mrs. Weiner as a Commissioner from
another area. So I just have to say that if
you are going to follow one policy, and I keep
repeating it, let's follow them all.
Vice Mayor Hester, how many people did you go
over when you put Richter on the Planning and
Zoning Board?
Well, I don't think we had the policy then,
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FEBRUARY 7, 1989
Marchese:
Hester:
Marchese:
Hester:
Marchese:
Hester:
Yes, Sir, it's the same policy, Sir. The policy
reads: "That you move an alternate unless you
feel that he has to have special
qualifications." I am sorry that you take that
attitude.
I'm not taking that attitude, I am taking a
position.
My position still remains the same.
Mine too.
I'm sorry that the gentleman feel passed over,
but it was done for the benefit of the City and
not for my benefit.
Mr. Mayor, let me say this. I didn't want to
bring this up. You know, I wanted to ask the
question earlier of Mr. Cheney. Who planned the
meeting for Hunters Run - you know that par-
ticular meeting which we attended. I want to know
who planned that particular meeting. I don't
know why we had the meeting, really. I don't
know why we had the meeting, because personally,
I mean I hate to say this, and I am going to say
it. We are in an area now where we are playing
politics. I mean, we might as well face it.
Pure, unadulterated politics. Now I know some
people out there - Mr. Ryder said I, didn't know
why I was on the Council. But I would like to
give him a history lesson of the United States.
We are elected by the majority of the people,
and whether you don't like a person on the
board, that's your problem. You said this last
time. You acused me also of causing a suit. I
didn't cause a suit. If I got that much power,
boy, I should be Mayor and everything else in
the City. I don't have that kind of power. So,
let's just put the cards on the table. We are
playing politics and number one, there are some
people on the Planning and Zoning Board as you
know, that you, you dislike. Mr. Mayor, there
might be some I dislike. We might as well
face it. We know who that person is. So, that
Planning and Zoning Board is something you have
been on for the last, ever since the new Board
took office. I was astounded when that person
was elected to that Board, your reactions.
And as Mayor you have to set the tone the way
this Commission operates.
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FEBRUARY 7, 1989
Marchese:
I am not going to belabor this any more, because
it's ridiculous. Talk about politics. I could
really dig them up. Les McDermott, would you be
so kind.
NAACP support of hiring minority police officers
Les McDermott, President, South Palm Beach County Branch,
NAACP, 8440 Palomino Drive, stated that he was pleased with
the direction Boynton Beach was taking in its efforts to
hire minority police officers. Mr. McDermott requested that
the Deputy City Clerk read his letter to the City Commision
dated February 7, 1989 into the record. This letter is
attached as Addendum "D" to the original copy of these
minutes in the office of the City Clerk. Mr. McDermott was
concerned about the degree of the City's sincerity and
commitment toward this end. He also requested that efforts
be made to hire minorities in the Fire Department. Mr.
McDermott encouraged the Mayor and Commissioners to present
written documentation affirming their support of these
efforts. He further requested information regarding the
requirements and qualifications used for hiring police and
fire department personnel.
Mayor Marchese stated that the City has a walk-in examina-
tion at least once a month. If more applicants are
interested, this could be held more often. Mayor Marchese
continued by saying that he had nominated Vice Mayor Hester
and had welcomed the opportunity to hire Johnnetta
Broomfield, Director of Community Improvement as well as
Wilfred Hawkins, Ombudsman for the City. He was trying to
do all possible to give minorities the opportunity to work
in the City.
Mr. McDermott was pleased with the efforts and was simply
asking a written confirmation of the City's willingness to
continue their efforts. Mayor Marchese stated this would be
done.
Bid on Replacement of Motor Control Center at Water
Treatment Plant
Neil Milligan, Southeastern Electric Construction, 4708 W.
Cayuga Street, Tampa, Florida, was given the opportunity to
discuss the fact that his company was not awarded the bid to
replace the motor control center at the Water Treatment
Plan. Mr. Milligan had placed his request on the wrong form
and was not called upon to speak at the time the item came
up on the CONSENT AGENDA.
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FEBRUARY 7, 1989
Mr. Milligan stated that when their paperwork arrived at
City Hall, it was found that some of the paperwork was
missing. He felt they had forgotten to put it in the enve-
lope. He was told there was not need to send it imme-
diately. He was also told that if he did not understand the
scope of work, he should come to the plant. Southeastern
had spent 4 hours with the maintenance people (Bob Kenyan)
and assured him they did understand and could perform the
work for the price they had submitted. Mr. Milligan had
also provided a list of 30 individuals to be contacted as
references. Mr. Milligan was concerned because the City
stated they had received some bad references regarding his
company. He stated they are a very large electrical
contractor in the area. Mr. Milligan continued by saying
that the City did not feel he could do the work for the
price he had quoted. He assured the Commission that he had
checked with three companies regarding prices of the equip-
ment and those quotes were not anywhere near the one the
City was accepting from the second lowest bidder. He asked
if there was a possibility the City might reconsider
although he knew they had already voted to accept another
bidder.
City Attorney Rea stated that the Commission could move to
reconsider the issue and look at the bid package again.
Mayor Marchese was satisfied with the recommendation from
City Manager Cheney and the City staff.
Commissioner Olenik asked about the 4 hours spent at the
plant, and Mr. Milligan stated this was done after the bid
opening; however, the people who would be furnishing the
equipment had come to the plant prior to bid opening.
Commissioner Olenik questioned how many references had been
checked and was told that two had been checked. Commissioner
Olenik was concerned that there were 28 others which were
not checked. He was concerned about the $130,000 difference
in the bids, and to call only two references seemed to be
irresponsible to him.
Mr. Milligan also stated that the specifications did not
state that he had to come to the plant, but simply said that
if it was necessary to visit the plant to understand the
scope of work, to contact the number listed.
City Manager Cheney suggested this could be tabled for
further consideration. He felt Mr. Milligan could have come
in earlier to discuss this matter, but he had not chosen to
do so. Commissioner Olenik felt this was a significant
issue, and City Manager Cheney agreed. City Manager Cheney
further stated that his staff did not do anything without
giving it careful consideration.
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Motion
Commissioner Olenik moved to reconsider the awarding of the
bid to Edwards Electric to replace the motor control center
at the Water Treatment Plan. Motion was seconded by Vice
Mayor Hester and carried 3-2. Mayor Marchese and
Commissioner Weiner voted against the motion.
Commissioner Olenik requested a copy of the actual bid spe-
cifications. City Manager Cheney agreed to furnish them and
all other backup for the Mayor and Commissioners. There
was further discussion regarding the fact that Southeastern
provided a performance bond to ensure they would do the work
as required.
Excessive Reading on Water Meter
Michael Vargas, 924 N.W. llth Avenue, Sky Lake, stated that
he had lived at this address since April. He had a problem
with his water bill. The bill had not shown a consistent
usage from month to month. It ran from 4,000 gallons up to
268,000 gallons. There are two adults and two children
living at that address. Mr. Vargas had checked for leakage
and the meter had been checked. A new meter had been
installed and the old meter checked by running 100 gallons
through the it. The old meter checked out fine by using
this procedure. Mr. Vargas questioned whether more water
should have been run through the old meter to get a true
test. Mr. Vargas was having a difficult time in trying to
determine how much his water bill would be from month to
month. He had put everything off position and the water
meter did not move. Mr. Vargas stated there was no way he
could have used 168,000 gallons of water. He only waters
his lawn once a week. This is on a timer and he has six
areas which are watered for 30 minutes each once a week.
Mr. Vargas felt the new meter was working fine.
Motion
Commissioner Olenik moved to forgive 168,000 gallons of the
268,000 of water. Motion was seconded by Vice Mayor Hester
and carried 5-0.
Old Dutch Mill
Cynthia Greenhouse, 618 N.E. 20th Lane, stated that she had
written a letter to Bud Howell, Building Official, on
December 27, 1988 referring to the Old Dutch Mill. She
stated that in May a fire destroyed the second story of this
building. At one of the Codes Enforcement Board Meetings it
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FEBRUARY 7, 1989
was stated this building was unsafe. The main part of the
building had termite damage and was so unsafe it was closed.
They were given 60 days from July to come into compliance or
the the CEB would take action. Shortly after that she had
observed people with materials doing work on the second
story of this building. The Engineer for the Old Dutch Mill
had stated that the second floor had to be removed and a
flat roof installed. To rebuild the second story would
alter the building and cause the owner to be required to
comply with the new parking and landscape ordinances. The
owner did not want to spend so much money on this building
and consequently did not do so. The work on the second
story had been completed while the note was still on the
door stating the building was unsafe, and she saw a sign
which stated they were open for business. She was concerned
for the City. Mr. Howell did write to the Chairman of the
CEB stating that according to ordinances and building codes,
any building can be rebuilt exactly as it existed with the
exception that all repaired areas must conform to the
building code of this day. Mrs. Greenhouse referred to
Section 5-173, Article 12, Demolition of Dilapidated, Unfit,
Unsanitary and Unsafe Buildings and Structures which states
that any stucture determined by the Building Official or his
representative to be in any of the following conditions shall
be deemed an unfit building and as a nuisance and subject
to demolition. Mrs. Greenhouse read from the code and noted
that it was stated the building had not come into compliance
and was a hurricane hazard, was unsafe and closed. There
was termite damage. She stated that the Building Official
had stated this was an unsafe building, and a building per-
mit was issued without addressing whether or not it was safe
for occupancy, she feared the City would be liable. In her
letter to Mr. Howell she questioned whether the building had
been inspected. She received no response. She questioned
why the building would be any different now if it had been
previously found unsafe. She wondered why it had not been
demolished.
Mayor Marchese asked City Manager Cheney to check into this
matter to determine that the City complied with the law in
every way. City Manager Cheney stated that as a matter of
course they always do that. He would check into the matter
thoroughly although he did not want the Commission to go
away with the feeling the Building Department had not done
its job properly. City Manager Cheney would provide a
report to the Commission and Mayor Marchese promised to see
that Mrs. Greenhouse received a copy.
-33-
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FEBRUARY 7, 1989
Time for Public Audience
Henrietta Solomon, 230 N.E. 26th Avenue, stated that she
would like to see the Public Audience portion of the City
Commission meetings moved up earlier in the evening. She
felt that what the people had to say was important and some
of them could not stay so late to have their chance to
speak. She wanted this placed on a very important spot on
the top of the agenda.
Mayor Marchese stated her request was so noted.
Commissioner Weiner stated this issue had come up several
times. She wished to discuss the matter and felt a good
place to put it might be after the agenda approval. Mayor
Marchese stated that this had been covered many times. He
felt it was important for people who have scheduled to do
business with the City should be able to get in and conduct
their business and get out at a decent hour. When the
Public Audience portion was held earlier, the Commission was
often held until 1:00 or 2:00 A.M. He was intested in
public participation, but the official business must be
completed. Mayor Marchese stated that people can also con-
tact the Commission in writing. Commissioner Weiner was
concerned this issue came up so often, and felt that perhaps
they should try to hold it at an earlier time. Commissioner
Olenik did not feel that the Commission meeting lasted so
late just because of the Public Audience portion. He felt
they should stick strictly with the 3 minute rule and
perhaps the applicants and representatives should have a
time limit as well - say 15 or 20 minutes for their presen-
tations. Vice Mayor Hester was in favor of thinking about
the matter and then making a decision at the next meeting.
It was a consensus of the Commission that this item be
placed on the agenda for the next meeting.
OLD BUSINESS
A. Review of City Legal Advertising
City Manager Cheney noted this issue had not been discussed
for some time. He had been contacted by a representative
from the Boynton Beach News stating they would provide a
special price for the City's legal advertising. City
Manager Cheney had provided information from previous
meetings where this issue was discussed as well as price
lists from the various newspapers.
Jerry Taylor, 1086 S.W. 26th Avenue, Golfview Harbour,
General Manager for the Boynton Beach News, stated they
wished to offer the City advertising rates which are 50 per-
cent below what the City is presently paying. He stated
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FEBRUARY 7, 1989
they do legal advertising for Boca Raton, Delray Beach,
Highland Beach and Gulfstream. Legal advertising gives a
paper some creditability and makes it a paper of record. He
wanted to do this service for the City, but it would benefit
the paper as well. They distribute 18,000 copies in this
community - 16,000 are delivered to homes, 1,200 are placed
in newsracks for purchase at twenty-five cents a copy, and
200 copies are placed at the Chamber of Commerce, Recreation
Center, City Hall, etc. Mr. Taylor stated they have a com-
mitment to be a hometown paper for the community. He
further stated this was not intended to be a short term com-
mitment.
City Manager Cheney noted that the City is spending a large
sum of money for legal advertising due to Comp Plan changes
and the Growth Management Laws. Commissioner Olenik noted
that the Delray News was a free paper delivered to residents
when it first came out. After a time it became a daily,
paid paper. Mr. Taylor stated this was a paid for paper
from the beginning. Commissioner Olenik asked if the intent
was to keep it a free paper or if it might become a paid
paper and lose the 18,000 distribution. Mr. Taylor felt
they might lose a few, but they have had 292 people ask for
guaranteed home deliver to date. City Manager Cheney stated
this does not have to be a long term commitment. If the
distribution of the paper drops off, the City can do their
advertising with another paper. City Attorney Rea felt
there could be a problem in the advertising of the
Ordinances as far as the schedule is concerned. There would
be a problem with Ordinances in that a first reading would
be held, the legal advertising done one week later than is
being done now, and second reading would be delayed by
another City Commission meeting. All second readings would
be one meeting later than is being done at present.
Mr. Taylor agreed that some of the advertising would still
have to be done by other papers, but he would appreciate any
advertising that the City could give to him.
There was further discussion regarding legal requirements
for advertising. It was agreed much of the advertising
could be handled just as well by the Boynton Beach News.
Motion
Commissioner Olenik moved to allow the use of the Boynton
Beach News for certain legal advertising as long as it does
not delay the normal processing. Motion was seconded by
Vice Mayor Hester and carried 5-0.
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FEBRUARY 7, 1989
B. Report on Health and Rehabilitative Services -
Commissioner Arline Weiner
Commissioner Weiner reported on the efforts to get
assistance from the Health and Rehabiitative Services for
the City. She and City Manager Cheney had met with Senator
Eleanor Weinstock and found her to be very pleasant.
Senator Weinstock promised to do what she could to help the
City. Commissioner Weiner had also seen Representative
Steve Press and Robert Williams, District Administrator of
HRS. She felt that Mr. Williams was the City's best chance
at this time. Commissioner Weiner promised to forge ahead
and stated there was a meeting on February 21st at 2:30 P.M.
of the Legislative Delegation on the subject of HRS. She
requested as many Commissioners to attend as possible. City
Manager Cheney and Commissioner Weiner plan to attend and
hope to be able to speak. The meeting is at the Palm Beach
Gardens City Hall, 10500 N. Military Trail. She requested
input from the Commission as to how to further pursue
getting a facility. Mayor Marchese suggested that the Prime
Bank Plaza might be a good place to locate a facility.
Commissioner Weiner stated the building was not the problem,
but getting the program.
Commissioner Weiner had thought of a citizens lobbying
effort to bring the facility to the City. Commissioner
Olenik felt this was a good idea. This could be discussed
as information develops. Commissioner Weiner suggested that
she would like to speak to the Community Relations Board
about what the Commission has been trying to do and asking
their assistance. Mayor Marchese stated she had that right
and for her to go ahead and address the CRB.
NEW BUSINESS
None.
ADMINISTRATIVE
A.
Policy for alternate voting when board member
abstains ...................................... TABLED
Vice Mayor Hester moved to remove this from the table.
Motion was seconded by Commissioner Olenik and carried 5-0.
There was discussion regarding the policy as proposed by
City Manager Cheney and how the Board would talk about the
matter. The Mayor and Commissioners had made notations on
their copy of the proposal and would turn them over to City
Manager Cheney so that he could take the comments and
incorporate them for the Commissioner. Vice Mayor Hester
asked if this was only concerned with an alternate when
someone abstains from voting and Mayor Marchese stated that
-36-
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MINUTES - REGULAR CITY COMMISSION
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FEBRUARY 7, 1989
was mainly what was covered. It also tells what happens
when someone walks out, etc. Commissioner Olenik felt this
policy should be set before the new boards take office in
April.
It was a consensus of the Commission that their comments
would be turned into City Manager Cheney for compilation.
B. Program for support of citizens' petition drive to stop
State Mandates
This was discussed at the beginning of this meeting. City
Manager Cheney stated that his office has a large number of
the petitions and the Palm Beach County League has some
printed as well.
City Manager Cheney stated that 10 years ago the Legislature
passed a bill and said they would not mandate local govern-
ment to do anything unless the Legislature finds a way to
fund it. For ten years they have violated their own law.
The issue is getting bigger and the Legislature is also
having problems raising money and does not wish to raise
taxes, so they pass it on to the cities to get it done.
Growth Management Legislation is a good example. The cities
are paying for it. They are also holding back on the reve-
nue they had promised to send to the cities. Last year an
attempt was made by the League of Cities to get it on the
ballot so the people could vote on it. They were not suc-
cessful so the League is trying to get as many petitions as
possible now and go to the Legislature and try to get them
to take action. It is hoped to have as many cities as
possible involved by having the registered voters sign the
petitions to send to the Legislature to show that the cities
mean business.
There was discussion regarding having the peitions available
so the voters could sign them when they go to the polls on
March 14, 1989. It was felt there should be a person to act
as chairman to coordinate this effort so that all the pre-
cincts would be covered.
Phillip Martin, 211 S.W. 5th Avenue, agreed to act as
Chairman for this effort. He would contact City Manager
Cheney to discuss the matter.
C. Consider procedure for approving construction trailers -
Requested by Commissioner Robert Olenik
There was discussion regarding whether or not all requests
for construction trailer had to come before the City
-37-
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BOYNTON BEACH, FLORIDA
FEBRUARY 7, 1989
Commission. Mr. Howell, Building Official, stated that only
those which would be used as temporary office space had to
come before the Commission.
It was a consensus of the City Commission that the Building
Department should handle approval/disapproval of construc-
tion trailers. Mayor Marchese requested that the policy be
rewritten and brought to the Commission for approval. City
Manager Cheney agreed to do so.
D. Discussion on Hiring a Lobbyist
Commissioner Olenik felt he was not alone in saying he had
received a telephone call from a lobbyist saying they were
interested in working for Boynton Beach. He knew of several
issues at the State Legislature level (mangroves,
interchange of 22nd Avenue, Library funding, HRS facility,
etc.). He noted that Representative Messersmith was no
longer on the Appropriations Committee. He felt this could
cause the City some problems. Commissioner Olenik suggested
a lobbyist might even be needed on the local level. Vice
Mayor Hester said the Commissioners had met with someone two
or three years ago about being a lobbyist, but nothing was
done about it. Vice Mayor Hester felt the City did need a
lobbyist. He wondered how to go about obtaining one. Mayor
Marchese had been approached by several people who were
interested. He felt they should be very careful, and that
City Manager Cheney should make some written inquiries about
someone who could be trusted and would be dependable. Mayor
Marchese also asked if it was desired to have someone local
or based in Tallahassee. Commissioner Weiner wanted to be
sure the Commission was unanimous on the need for a lob-
byist. It was the consensus of the Commission that a lob-
byist was needed.
City Manager Cheney suggested the lobbyist they had met with
previouslY be contacted. He had been helpful in the past in
providing information for the City even though his services
had not been secured. City Manager Cheney agreed a lobbyist
was needed in Tallahassee, but felt the Commissioner and the
City staff were doing a good job locally. It was also felt
that Representative Messersmith might be able to suggest
someone who might be interested in representing the City.
There was further discussion and it was decided that this
should be done properly and they should not rush into
anything. Commissioner Weiner felt that perhaps a few areas
could be identified where the services of a lobbyist was
needed.
After further discussion, City Manager Cheney agreed to call
the person they had talked with previously. There was also
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MINUTES - REGULAR CITY COMMISSION
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FEBRUARY 7, 1989
discussion regarding money for this effort and the fact that
the City might be able to share with another municipality.
E. Invitation to Bethesda 30th Birthday Celebration
Commissioner Olenik stated that some of the Commissioners
had received an invitation to attend the 30th Birthday
celebration at Bethesda. He wished to attend but noted that
it was being held the same time as the Utilities Master Plan
workshop on February 9th. After some discussion, it was
decided to hold the Workshop meeting at 7:30 P. M. and the
Commissioners would first attend the celebration at
Bethesda. City Manager Cheney agreed to call the consultant
and notify him of the change.
ADJOURNMENT
There being no further business to come before the
Commission, the meeting properly adjourned at 10:17
Po Mo
ATTEST:
City C~rk '
Recol-~fi'r%g Secretary
(Five Tapes)
CITY OF BOYNTON BEACH
~ ~ - ~M~or -- ~
~ . V, ice~yor
Commi s s loner
~--/'Commis si~r
Commissioner
-39-
AGENDA
February 7, 1989
ALLEN INSURANCE AGENCY
Audit - Additional Premium for Workers Comp Self
Insurance 10/16/87 - 10/16/88.
Pay from Self Insurance Fund---622-195-5-134-00
ALLIED PRODUCTS COMPANY
Pebble Quicklime - Hi Calcium. PO #77765
Pay from Water & Sewer Revenue Fund---401-332-5-365-00
ANCHOR SCIENTIFIC, INC.
19 Roto'Floats. PO #77411
Pay from Water & Sewer Revenue Fund---401-352-5-345-00
$ 8,989.00
B & B PAVINGCONTRACTORS, INC.
Final Payment, Partial Payment No. 6 for Cherry Hills
Road Improvement Project, Phase IV, including Change
Order No. 1, to B & B Paving for $2,768.86.
Pay from General Fund---001-412-5-630-18
7,901.52
BOYNTON B~ACH CHAMBER OF COMMERCE
Chamber of commerce Services; Statement dated 1/31/89.
Pay from Publicity Fund---101-191-5-454-00
1,004.61
6. BOYNTON PUMP & SUPPLY
Various Merchandise for the Parks/Rec. Dept. PO #77743
Pay from General Fund---001-722-5-390-02
" " 001-722-5-345-00
" " 001-721-5-345-00
7. CAMEO SOFTWARE SOLUTIONS, INC.
Air Fare and On-site Training for Sandra Brown 1/3/89-1/6/89
and On-site Training for Charlotte Clark & Beryl Selman 1/7/89-
1/13/89.
Pay from General Fund---001-181-5-470-10
47,324.40
1,375.00
7,028.79
9,621.53
CH 2 M HILL, SOUTHEAST FLORIDA OFFICE
Professional Services Rendered in Connection with the
Water and Wastewater Master Plan (Task Order #1) from 6/25/88 -
7/24/88.
Pay from Utility General Fund---403-000-0-690-10 " " 403-000-0-691-10
9,384.60
CH 2 M HILL, SOUTHEAST FLORIDA OFFICE 16,130.23
Professional Services Rendered in Connection with the
Preparation of the Comprehensive Plan (Task Order #2) from
9/25/88 - 10/24/88 ($11,569.42) and from 11/25/88 -
12/24/88 ($4560.81).
Pay from Utility General Fund---403-000-0-691-10 $8,o65.12L~U~V~V~k%,~.i,~n~
" " 403-000-0-690-10 $8,065.11
FEB ? 1989
APPROVAL
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
CH 2 M HILL, SOUTHEAST FLORIDA OFFICE
Professional Services in Connection with Autocad Mapping
Services (Task Order #5) from 11/25/88 - 12/24/88.
Pay from Utility General Fund---403-000-0-690-10 $3,531.89
" " 403-000-0-691-10 $3,531.90
CENTER FOR FAMILY SERVICES
Employee Assistance Program for Month of January, 1989.
Pay from General Fund---001-135-5-482-00
CITRUS GLEN LIMITED PARTNERSHIP
Refund of Administration Fee.
Pay from General Fund---001-194-5-912-00
DAVIS WATER & WASTE INDUSTRIES, INC.
Rental of Scrubbers for January, 1989. PO #77749
Pay from Water/Sewer Revenue Fund---401-352-5-499-00
DIVERSIFIED DRILLING CORPORATION
Periodical Estimate #18 (11/26/88-12/80/88) - Test/Production
Well Program.
Pay from 1985 Constr. Fund---409-000-0-690-10
ENGINEER SERVICE CORPORATION
Furnish 1Seiscor CML Test Set and Furnish and Install 1
Base Radio Receiver. PO #74973
Pay from Water/Sewer Revenue Fund---401-396-5-642700
G.E. COMPUTER SERVICE
Lease/Service Contract No. 102120; Invoice #Z10335897
Pay from Various Depts. through General Fund and
Pay from Water/Sewer Revenue Fund---401-392-5-430-07
GRAYBAR
2 Square D MHL 36500-1021 Circuit Breakers. PO #77388
Pay from Water/Sewer Revenue Fund---401-332-5-433-00
GREEN, EISENBERG, & COHEN
Tradewinds Litigation - Representation 10/21/88 - 1/19/89.
Pay from General Fund---001-141-5-461-00
IBM
Partial Payment on Purchase Order #76793 for the AS/400
Mod 40 System. (Invoice #E544296)
Pay from General Fund---001-181-5-670-02
JONES CHEMICALS, INC.
Hypochlorite/Chlorine Deliveries for Part of Dec. 1988.
Pay from Water/Sewer Revenue Fund---401-332-5-363-00
KARSTEN MANUFACTURING CORP.
Merchandise for the Golf Course.
Pay from Golf Course---411-000-0-420-10
COMMISSION
FEE, ? ]989
APPROVAL
7,063.79
1,050.00
3,316.11
4,500.00
58,869.90
6,700.00
2,424.00
3,267.62
3,707.46
132,260.00
2,302.70
1,824.85-
22.
HARRY P. LEU, INC.
1 Tilting Arbor Table Saw/Sliding Table, & 1 Wood Working
Shaper; PO #77423
Pay from General Fund---001-192-5-642-00
4,412.00
23.
MARTINIS LAMAR
33 Blauer Police Cruiser Jackets. PO #76144
Pay from General Fund---001-211-5-397-00
2,904.00
24.
MATTLIN, MCCLOSKEY, & NORTH
Tradewinds Litigation - Representation 12/6/88 - 12/30/89.
Pay from General Fund---001-000-1-454-70
2,606.20
25.
MILLER & MEIER & ASSOCIATES, INC.
Architectural Services - Construction Document ~Portion of
Fee; Month #15, December 5, 1988 - January 5, 1989.
Pay from Building Improvement Fund---304-194-5-640-05
" " 304-211-5-640-13
" " 304-221-5-640-07
7,599.54
26.
MORGAN, LEWIS, & BOCKIUS
Legal Services for December, 1988.
Pay from General Fund---001-141-5-460-14
6,180.80
27.
MOTOROLA, INC.
Invoice # S5668567 for Monthly Service (2/1/89 - 2/28/89)
for Microwave Hot Standby and High Tech. Boards.
Pay from General Fund---001-197-5-431-00
1,415.63
28.
MOTOROLA, INC.
1 Motorola, Trazar Radio to Replace Radio Stolen from Vehicle
#553; Purchase Order #77003
Pay from General Fund---001-195-5-449-00
1,017.50
29.
GEORGE NEGER SIGNAL SYSTEMS, INC.
Traffic Signal Installation at Summit Dr. & Congress AVe.
Pay from Miscellaneous Trust Fund---691-000-1-691-10
27,370.00
30.
PEEOXIDATION SYSTEMS, INC.
Invoice #2446 - Peroxide for Odor Control - PO# 77760.
Pay from Water/Sewer Revenue Fund---401-352-5-365-00
15,005.25
31.
POST, BUCKLEY, SCHUH, & JERNIGAN, INC.
Services Rendered for Water Trmt. Plant Pilot Testing Program.
(Final Report, Phase III)
Pay from 1985 Constr. Fund---409-000~0-690-10
3,495.00
32. POST, BUCtCLEY, SCHUH, & JERNIGAN, INC.
Services Rendered - 3MG Storage Tank and Booster Station.
Invoice No. 5 (Phase IV) $1,625.67
Invoice No. 5 (Phase V) 8,074.54
Invoice No. 2 (Phase VI) 1,752.73
Pay from Utility General Fund---403-000-0-690-10
11,452.94
CO/VIJVIIS$10N
FEB ? 1~89
APPROVAL
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
POST, BUCKLEY, SCHUH, & JERNIGAN, INC.
Landfill Closure - Professional Services Rendered from
August 1, 1987 through November 30, 1988.
Pay from Sanitation Fund---431-341-5-962-00
Q & Q, INC.
Odor Control Facility - Headworks Project.
Pay from 1985 Constr. Fund---409-000-0-691-20
R.B. GROVE, INC.
Install Output Panel - Invoice #17804.
Pay from General Fund---001-135-5-433-00
SEPPALA & AHO
City of Boyuton Beach Municipal Complex, Phase II,
Application 21.
Pay from Various Depts from Building Improve. Fund.
SOUTHEASTERN MUNICIPAL SUPPLY
Various Merchandise for the Utilities Dept./Sewage
Collection. Purchase Order #77759
Pay from Water/Sewer Revenue Fund---401-351~5-430-06
SPILLIS CANDELA & PARTNERS, INC.
Invoice #14 Regarding Architectural/Engineering Services
for Boynton Beach Multipurpose Recreation Bldg.- Phase II.
Pay from Public Service Tax---301-721-5-463-00
STATE OF FLORIDA, DEPT. OF LABOR & EMPLOYMENT SECURITY
Self Insurer's Assessment Invoice 10/16/88-1/15/89 Plus
Underpayment 87/88 from Advance Assessment Underbilled.
Pay from Self Insurance Fund---622-195-5-134-00
STREB'S III
Mildred R. Walker Youth Recognition Luncheon Saturday,
January 14, 1989; Black Awareness Day.
Pay from General Fund---001-000-1-290-60
R.J. SULLIVAN CORPORATION
Application for Payment #3 - 3MG Storage Tank & Booster
Pump Station.
Pay from Utility General Fund---403-000-0-690~10
SUN TRAVEL
Senior Trip to Lake Okeechobee Cruise, February 15, 1989.
45 Participants @ $35.00 each.
Pay from General Fund---001-000-1-229-60
WATER RESOURCES
1 10 HP Homa Pump Model A4/3-210E. PO #77385
Pay from Water/Sewer Revenue Fund---401-332-5-433-00
66,877.26
28,579.50
1,179.00
319,372.90
4,299.00
1,767.33
7,558.60
1,152.00
34,797.60
1,575.00
2,204.00
COMMISSION
FEB ? 1989
APPROVAL
The bills described have been approved and verified by the department heads
involved, checked and approved for payment.
Gr ector
I therefore reco~nend payment of these bills.
Peter L. Cheney, City M~nager
COMMiSSiON
FEB ? 1989
APPROVAL
CITY OF BOYNTON BEACH - FITNESS CENTER
}OMPANY
Institutional
Sales
IInstitutional
iSales
!Bike ~erica
institutional
Sales
Fast-Dry Corp.
Institutional
Sale~
IRs~ ution~l
Sal~L
Institutional
Sales
Concept 90
Fas~-Dry Corp.
MACHINE
Arm Extension
Arm Curl
Lat Pull Down
Shoulder Press
Chest Fly
Chest Press
Rowing
'Squat
Leg Extension
Leg Curl
Sit-Up Boards
Exercise Bike
Stairclimber
Rower
Free Weight Bench
Barbell Set
Rack for Barbells
Weight Scale
Timer
MANUFACTURER MODEL AMOUNT
Badger B~12 $ f,510.00
Badger BFll 1,510.00
Badger BF21 1,195.00
Badger BF14 1,510.00
Badger BF18 1,510.00
Badger BF16 1,560.00
Badger BF22 1,405.00
Badger BF36 1,510.00
Badger BF1 1,510.00
Badger BF2 1,510.00
$14,730.00
Marcy 110
Paramount FSL4 851.00
Schwinn Air-Dyne
Stairmaster PT4000
Concept II Rowing
Ergometer
Badger M57
2 @ $599.95 1,199.90
2,355~00
690.00
265.00
Sonata OB450 549.00
Parabody 016 2 @ $120.00 240.00
Detecto ~437 185.00
Balance Beam
Naden ~SS650 330.00
GRAND TOTAL ...... $21,394.90
ADDENDUM "A"
MEMORANDUM
15 December 1988
TO:
FROM:
RE:
Peter L. Cheney, City Manager
Carmen S. Annunziato, Planning Director
Water Service Agreemenu - Jiffy Lube
George Wasser, agent for Nicholas Solimine is requesting that the
City agree to serve a 1.645 acre parcel of land with utilities
for the purpose of constructing a Jiffy Lube Car Care Center.
Mr. Solimine has contracted to purchase the property from
Jacqueline C. Winchester. The property in question is located at
the northwest corner of Oakwood Lake Drive and West Boynuon Beach
Boulevard in unincorporated Palm Beach County.
The reason for requesting a water service agreement is to allow
the applicant to go forward with a request for a rezoning and
special exception in Palm Beach County from CS Specialized
Commercial to CG - General Commercial with a special exception to
allow the construction of a car care facility. In terms of
similar zoning categories in Boynton Beach, this request would be
similar to a request for rezoning from C-1 Office and
Professional Commercial to C-3 Community Commercial.
In 1986 the City of Boynton Beach addressed the matter of future
land uses in the unincorporated areas of Palm Beach County with
the adoption of the Evaluation and Appraisal Report (E&A) as an
amendment to the 1979 Comprehensive Plan. With respect to the
land uses in this area, the City adopted the language which
follows:
Area 70
Parcels on North Side of Boynton Beach Boulevard
/~West of Knuth Road
This area consists of a 200-foot deep strip of land lying
between Boynton Beach Boulevard and the L-24 Canal. The
Palm Beach County Comprehensive Plan shows only part of this
strip to be suitable for commercial development; however, it
is likely that the remainder of the parcels in this area
will eventually be permitted to develop for office uses.
The City should annex these properties only if it can be
reasonably expected that the residential parcels north of
the L-24 Canal will also be annexed, otherwise, it would be
reasonable to establish Knuth Road as the City's western
limit, in the vicinity of Boynton Beach Boulevard. If
annexed, the zoning categories imposed by the City for these
ADDENDUM "C" Page 1 of 2
parcels should generally correspond to Counuy zoning,
meaning that retail commercial uses should not be permitted
further than 660 feet wesu of Knuth Road. Furthermore, if
these properties are annexed, the right-of-way for Boynton
Beach Boulevard should also be annexed.
Concerning annexation, this property is not contiguous to the
City at this time; therefore, annexation is not a consideration.
However, in terms of the future use of land, the request for a
car care service center is not consistent with the adopted City
position as stated in the Area 70 policy as the location of this
parcel is more than 660 feet west of Knuth Road.
In light of the abovementioned inconsistency between the use
requested and the City's land use policy, it is recommended that
the City not enter into an agreement to serve this site with
utilities for a car care faciliuy. If, however, the City agrees
to provide utilities to this site, it is recommended that the
site plan be approved by the City's Technical Staff and the
Environmental Review Committee.
/bks
CC:
John Guidry
George Wasser
Central File
ARMEN $. AN~SNZIATO
ADDENDUM "C" Page 2 of 2
SOUTH PALM BEACH COUNTY BRANCH
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
Please Direct Inquiries To:
P.O. Box 2787
Delray Beach, FL 33445
(407) 969-6124
(407) 737-8199
February 7, 1989
Att: City Commission
City of Soynton Beach
211 S. Federal Highway
Boynton Beach, FL 33435
The South Palm Beach County Branch of the Nat cna Association
for the Advancement of Colored People (NAACP) wishes to act on
the request of Boynton Beach City officials, to provide
assistance in identifying qualified Applicants for employment in
the Boynton Beach Police Department. We are elated by the Cities
interest. We publicly applaud Boynton Beach's active posture to
incresse the minority participation in it's law enforcement
process. We wish to apply the efforts of our local, regional
and national offices to this endeavor.
Our preliminary community enquiry has identified two items which
require clarification. The first is the degree of sincerity and
commitment the City of Boynton Beach has to the end. There is a
concern that City is responding to events in other
municipalities, and that your efforts are programed for failure.
The second item is a request that this effort be extended to
include members of the Boynton Beach Fire Department. '
To effectively launch our combined efforts, the South Palm Beach
Branch of the NAACP hereby affirms its full and good faith
intention to utilize all of its resources to achieve the goal of
identifying qualified individuals for employment on the Police
and Fire Departments of Boynton Beach. To immediately dispel
Any beliefs to the contrary, we request documented Affirmation
from the heads of the effected City agencies. Specifically, we
request that each member of the City Commission, the Mayor, the
City MAnager &nd the Chiefs of the Police And Fire DepArtments
sign the affirmation to demonstrate their intentions end good
faith. We Aisc request information on the requirements and
qualification process utilized to hire police And fire
department employees.
ADDENDUM "D"
'~now~dge ~ Power"
Page 1 of 2
Of the five cities serviced by our Branch, (Boca Raton, Delray,
Boynton Beach, Lantana and LAke Worth) Boynton Beach has taken
the most publicly Aggressive posture in enhancing the
participation of minority group members in City agencies and
departments. These efforts must be commended and supported. We
wish to work with you. We also wish to help inform other
communities in South Palm Bosch County of the benefits and
stabilizing effects of including members of all segments of each
municipality in the full spectrum of activities of the
municipality. It is only through active and collective
participation, that we c~n create a unified whole from
fragmented parts.
L. F. McDermott
President, South Palm Beach County
Branch, NAACP
ADDENDUM "D"
Page 2 of 2
8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHE[ LOCAL PUBLIC OFFlCEI S
LAST NAME--FIRS'f NAME--Mlnl)LE NAME NAME OF 8OARD, COUNCIL, COMMISSION, AUTHORITy, OR COMMITTEE
OLENIK, Robert, Jr.
ADDRESS
~9D Crossings Circle
COUNTY
"Boynton Beach,
Palm Beach
DATE ON WHICH VOI'E OCCURRED
THE B~OARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
X CFI Y ! ~ COUNTY ' J OTHER I.OCA[ AGENCY
NAME OF POLITICAL SUBDIVISION:
Boynton Beach
MY POSITION IS:
S ELECTIVE ' · APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest, under Sectiou 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION tt2.3t43, FLORIDA STATUTES
E ~TED OFFICERS:
A person 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 cpnflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained. '
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making an)' attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF.~0U INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEClSION PRIOR TO THE MEETING AT WHICH
T} VOTE WILL BE TAKEN:
should complete and file this form (before making any attempt to influence the decision) with the person responsible for
i~,rding the minutes of the meeting, who will iocorporate 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.
ADDENDUM "B"
PAGE
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the min~
of ~he mecung, 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 special private gain; or .:
inured to the special gain of
(b) The measure before my agency and the nature of my imerest in the measure is as follows:
· t9_ :
· by whom I am retained.
A payment made to Motorola, Inc., my employer, was included for approval
in CONSENT AGENDA, Item ~%3 ~ 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 vo%ing occurred.
Date Filed Signature ~ 7-...
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985}, A FAILURE TO MAKE ANY REQUIR~'~i~
DISCLOSURE COIS'STITUTES 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.