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Minutes 02-05-91MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 5, 1991 AT 6:00 P.M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Denys "Sam" DeLong, Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk Jim Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. There was a moment of silent prayer followed by the Pledge of Allegiance to the Flag which was led by Commissioner Lillian Artis. AGENDA APPROVAL Under NEW BUSINESS A., Mayor Moore added discussion on Verbatim Minutes and Beach Decals. Under ADMINISTRATIVE G., City Manager Miller added County- wide Planning Council - District 3 Vacancy - City Nominee for consideration. Also added was Effluent Reuse - Discussion with Camp, Dresser & McKee, Inc. Mr. Miller pointed out representatives would be present later in the meeting to discuss this subject, otherwise the Commission might choose to come back for a Special Commission meeting. (Note, the topic of Effluent Reuse was never addressed during the meeting.) Vice Mayor Wische moved to approve the Agenda as amended. Commissioner Weiner seconded the motion which carried 5-0. ANNOUNCEMENTS Proclamations a) Variety Club's Old Newsboys' Day - February 14, 1991 b) PTA Month - February, 1991 c) Poppy Days - February 15 and 16, 1991 These Proclamations will be properly executed and distri- buted to the appropriate parties. Presentation 1. Award for Workers' Compensation Claims Reduction 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5~ 1991 Ed Hernandez, Loss Control Supervisor for Professional Administrators presented the Commission with a Plaque com- mending the City for its reduction in claims and frequency of its workers' compensation losses during the 89/90 year. The City's Safety Program has been very successful and has helped increase safety awareness in the work place, thereby reducing employee injuries. Mr. Hernandez hoped the City would be able to find funds for safety equipment and safety training aids. The investment will pay for itself in the long run. The volunteer Safety Coordinators from various City departments were recognized by Olivia McLean, Director of Administration, for their contributions. John Guidry, Director of Utilities and Bob Eichorst, Public Works Director were commended as their labor intensive departments saw the greatest decrease in workers' compensation injuries. 2. Presentation of Emergency Medical Dispatch Certificates Craig Grabeel, Management Services Director presented Emergency Medical Dispatch Certificates to Richard Frantzis, Judy Gonzalez, Linda Muth, Elisa Rickett, Kim Williams and Nicole Girardi for having recently passed the examination. These dispatchers are trained to provide critical life- saving assistance (such as CPR instructions) over the telephone in an emergency situation. Also recognized were Hugh McCaffrey, Communications Manager and Phyllis Dixon, Dispatch Supervisor, for their role in this training program. 3. Accept donation from Hunters Run Golf and Racquet Club to Police and Fire Departments As a token of the residents' appreciation for public ser- vices provided, Leonard Bolton, President of Hunters Run presented the Mayor with the following donations: $1,000 to the Boynton Beach Benevolent Fraternal Order of Police $500 to the Boynton Beach Police Reserve Account $3,000 to the Boynton Beach Fire Dept. Rescue Account ($1,500 Of which goes to the Emergency Medical Service) BIDS ae Construction of the deep injection well disposal system for the West Water Treatment Plant - Consideration of awarding bid to Youngquist Brothers, Inc. and authorizing execution of contract -- Proposed Resolution No. R91-13 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 As outlined in John Guidry, Director of Utilities' memoran- dum revision to %91-041, of the two respondents, Youngquist Brothers, Inc. was the low bidder with a total price of $2,098,650.00. The Utilties Dept. and CH2M Hill believed this firm to be reputable and qualified to do the job. It was recommended the bid be awarded to Youngquist Brothers, Inc. and that the contract be awarded at the same time. Vice Mayor Wische moved to accept the recommendation of the City Manager. Commissioner DeLong seconded the motion which carried 5-0. City Attorney Cherof read proposed Resolution No. R91-13 by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF CONTRACT TO CONSTRUCT A DEEP INJECTION WELL DISPOSAL SYSTEM FOR THE WEST WATER TREATMENT PLANT~ AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT FOR CONSTRUCTION OF THE DEEP INJECTION WELL DISPOSAL SYSTEM, WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner moved to adopt proposed Resolution No. R91-13. Vice Mayor Wische seconded the motion which carried 5-0. PUBLIC HEARING None. PUBLIC AUDIENCE Mr. Michael Lyons, 5049 Ashley Lake Drive, Boynton Beach, commented on the number of Boynton Beach residents who are presently serving in the armed forces in the Persian Gulf region. In view of the sacrifices being made by these per- sons, Mr. Lyons asked the Commission to consider renaming the Boynton Beach Civic Center to Boynton Beach Freedom Hall. This action would show support for those serving at the present time and also when they come home. If there were no deed restrictions prohibiting the City from doing something like this, the Mayor thought the suggestion should be given serious consideration. The City Manager indicated staff would look into it and report back at the next Commission meeting. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 NEW BUSINESS A.2. Public Input procedures at City Commission meetings For informational purposes, the Mayor had provided the Commissioners with a copy of a Sun-Sentinel article dated January 20, 1991, which reported on limitations on public speaking which are under study for Sunrise, Florida, City Commission ~eetings. The Mayor believed Boynton Beach should continue its research into the Ordinance which is being adopted in Sunrise. Formal action would not be taken at this meeting. Mr. Norman Gregory, 644 S.W. 3rd Ave., Boynton Beach, believed that problems of government have become complex and nothing really works unless there is public participation. In order to allow for greater public participation, it was suggested that consideration be given to changing the dates of the Commission meetings. Mr. Gregory recommended that early in the week a Commission Workshop be held with staff and interested citizens that may wish to participate. After the Commission has basically solved many of the problems, they could address the items at the regular Commission meeting. Henrietta Solomon, 230 N.E. 26th Ave., Boynton Beach, did not believe public input should be suppressed, but £ather it should be encouraged. She didn't think there was any reason to change the system. Any problem that exists had been caused by the Commission, in her opinion, not the citizens. The Mayor didn't believe citizens had been suppressed during the last two years. He stated the privilege of taking part in deliberations had been abused. The podium has sometimes been used for political purposes with speakers even directing their remarks to the audience rather than the Commission. Sometimes input is time consuming and not ger- mane to the issues. This is a representative form of government and the Commission is elected to deliberate and to enact whatever is necessary to operate the government. The Mayor knew of no other legislative body that allows what goes on in Boynton Beach, once the Agenda items are being deliberated by the Commission. The Mayor believed the situation had gradually gotten out of hand. The Mayor thought the City of Sunrise article was pertinent as that City has experienced the same problem Boynton Beach has experienced. That City enacted an Ordinance to limit speakers addressing items on the Agenda to the Public Audience segment. They are limited to a certain period of time and then the Commission conducts its business. The City Attorney was in the process of obtaining a copy of the Attorney General's opinion in this regard. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Commissioner Weiner thought this was grass roots politics. She stated this is the people's Chamber, not the Commission's Chamber. To have citizens address items under Public Audience with non-Agenda items is proper. They should also be allowed to address Agenda items as they come up and as the Commission begins its deliberations. This is the place where citizens speak to their elected represen- tatives and the citizens should be allowed to be heard. Ms. Wilda Searcy, 402 N.E. 13th Avenue, Boynton Beach, stated that despite the rain, Black Awareness Day wa~ enjoyed by the citizens. She asked that Sara Sims Park be open over the weekends and on holidays so young people have a place to gather. Ms. Searcy intended to meet with the City Manager to discuss the possibility of setting up a youth work program in the City. She hoped the City would submit an HRS application for financial assistance with the work program, before the March 1, 1991 deadline. Mr. Richard Gram, Chairman of the Community Redevelopment Advisory Board read his letter dated February 5, 1991 to the Commission. The letter is on file in the City Clerk's office. The letter referred to Mr. Gram's role on the CRAB and on the previous CRA-Commercial. He referred to CRAB advice which he felt had been ignored or responded to nega- tively by the Commission on three occasions. Comments were made about the CRAB request for a marketing consultant for the CBD, a request to create additional of~-street parking and the request to create a task force to work on the Artistic Bridge concept. Mr. Gram submitted his resignation to the Commission, as he believed his work was proving fruitless. Later in the meeting, the Commission briefly readdresses this topic and moves to formally accept this resignation. DEVELOPMENT PLANS A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD LEGAL A. Ordinances 2nd Reading - PUBLIC HEARING 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Proposed Ordinance No. O91-5 Re: Adoption of National Electrical Code 1990 Edition with the Model Countywide Amendments City Attorney Cherof read proposed Ordinance No. O91-5 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5. BUILDINGS, ~ HOUSING AND CONSTRUCTION REGULATIONS. ARTICLE II. ELECTRICITY. BY AMENDING SEC. 5-16. CODE ADOPTED. TO PROVIDE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1990 EDITION, TOGETHER WITH THE UNIFORM COUNTYWIDE AMENDMENTS, AS AMENDED AND ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 5 NOT SPECIFICALLY HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED: PROVIDING FOR SEVERABILITY; PROVIDING A CONFLICTS CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt proposed Ordinance No. 091-5 on second and final reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Motion carried 5-0. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 091-6 Re: Amend Section 2.5-4 of Alarm System Ordinance City Attorney Cherof read proposed Ordinance No. 091-6 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2.5 ALARM SYSTEMS, BY DELETING SECTION 2.5-4. (6), ENTITLED "APPLICATION FOR PERMIT", OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA IN ITS ENTIRETY AND CREATING A NEW SECTION 2.5-4 (6); PROVIDING THAT EACH AND 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 EVERY OTHER PROVISION OF CHAPTER 2.5 ALARM SYSTEMS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE'; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 091-6 on first reading. Commissioner Weiner seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as ~ollows: Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 5-0. 2. Proposed Ordinance No. 091-7 Re: Amending Chapter 24 - Taxicabs, reference liability insurance value requirements City Attorney Cherof read proposed Ordinance No. 091-7 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 24 TAXICABS; BY DELETING SECTION 24-8. ESTABLISHING NEW POLICY VALUES FOR BODILY INJURY TO ANY ONE (1) PERSON; AND FOR MORE THAN (1) PERSON SUSTAINING INJURIES IN THE SAME ACCIDENT, AND PROPERTY DAMAGE RESULTING FROM ANY ONE (1) ACCIDENT, UNDER ONE COMBINED SINGLE LIMIT. ESTABLISHING REQUIREMENTS FOR A COPY OF SAID LIABILITY INSURANCE POLICY TO BE FILED IN THE OFFICE OF THE CITY'S OCCUPATIONAL LICENSE ADMINISTRATOR; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 24, NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 091-7 on first reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner DeLong - Aye Commissioner Weiner - Aye Mayor Moore - Aye 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Vice Mayor Wische - Commissioner Artis - Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 091-8 Re: Motorboat and Jet Ski/Noise Disturbance City Attorney Cherof read proposed ordinance No. O91-8 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING SECTION 15-8, NOISE CONTROL BY SPECIFICALLY AMENDING SECTION 15-8.2 DEFINITIONS, AND CREATING A NEW SECTION 15-8.5(b)(8) OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO SPECIFICALLY INCLUDE JET SKIS IN THE DEFINITION OF MOTORBOAT AND TO PROHIBIT MOTORBOATS FROM OPERATING AT A NOISE LEVEL WHICH CREATES A NOISE DISTURBANCE AS DESCRIBED IN SECTION 15-8 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A CONFLICTS CLAUSE;'PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." Ms. Connie Pinis, 1820 New Palm Way, %407, Boynton Beach, thanked the City administration for working towards thiu ordinance. Her main concern was that it be enforced. She sought assurance that patrolling officers will get out of their cars and either cite or remind people. She asked the City Attorney about enforcement. Attorney Cherof believed this Ordinance, coupled with the following Ordinance on the Agenda (proposed Ordinance No. 091-9), will address the issues and result in an enforceable series of provisions in the Code. The City intends to enforce these through Court proceedings, if necessary. Commissioner Weiner moved to adopt proposed Ordinance No. 091-8 on first reading. Vice Mayor Wische seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Motion carried 5-0. 4. Proposed Ordinance No. O91-9 Re: Watercraft fueling/refueling at Public Beach and Park 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 City Attorney Cherof read proposed Ordinance No. O91-9 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 16-94.5 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO PROHIBIT THE FUELING OR REFUELING OF WATER CRAFTS AT ANY PUBLIC BEACH OR PARK; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE." vice Mayor Wische moved to adopt proposed Ordinance No. O91-9 on first reading. Commissioner Weiner seconded the motion and a roll Call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner DeLong - Aye Commissioner Weiner - Aye Motion carried 5-0. C. Resolutions The Commission didn't have any problem with the following seven Resolutions and agreed to address them with one motion. The captions to the Resolutions are provided for informational purposes. Proposed Resolution No. R91-14 Re: Recycling Grant Allocation from the Solid Waste Authority - Offer & Acceptance "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN RECYCLING AND EDUCATION GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, ACTING BY AND THROUGH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A": AND PROVIDING AN EFFECTIVE DATE." 2. Proposed Resolution No. R91-15 Re: Bond Release Hypoluxo Medical Complex "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR CONSTRUCTING WATER AND SEWER SYSTEM IMPROVEMENTS FOR HYPOLUXO MEDICAL COMPLEX (A.K.A. HYPOLUXO ASSOCIATES)." 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Proposed Resolution No. R91-16 Re: Water Service Agreement - Gonzalez and Cristina Ponte - Tropical Terrace Subdivision "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WATER SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NELSON GONZALEZ AND CRISTINA PONTE; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"~ AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R91-17 Re: Renewal of Little League (Baseball) Agreement with Boynton Beach Little League, Inc. e "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN TH~ CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH LITTLE LEAGUE, INC; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; ~ND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R91-20 Re: Approve agreement with Badger Meter, for Automated Meter Reading Program Inc. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AUTOMATIC METER READING UTILITY METER MANAGEMENT SYSTEM BLANKET RENTAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND BADGER METER, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Proposed Resolution No. R91-22 Re: Approve agreement with George W. Fowler Company, for Shop Acetylene Torch Tank (Cylinder) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CYLINDER LEASE AGREEMENT FOR THE RENTAL OF ACETYLENE & OXYGEN CYLINDERS BETWEEN THE CITY OF BOYNTON BEACH AND GEORGE W. FOWLER CO., INC, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 10. Proposed Resolution No. R91-23 Re: Approve agreement between Gee & Jenson and City of Boynton Beach for engineering services and designing infrastructure improvements for CDBG-Funded Project "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON B~ACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND GEE AND JENSON TO PROVIDE FOR PRELIMINARY DESIGN PHASE, FINAL DESIGN PHASE, AND BIDDING/AWARD PHASE OF THE CDBG-FUNDED PROJECT; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner moved to adopt Resolutions 1, 2, 3, 4, 7, 9 and 10, as shown on the Agenda. Vice Mayor Wische seconded the motion which carried 5-0. Proposed Resolution No. R91-18 Re: Land Purchase South of East Water Plant, Woolbright and Seacrest Blvd. "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THE NECESSITY TO ACQUIRE BY VOLUNTARY CONVEYANCE THE FEE SIMPLE TITLE TO A 7.87 TRACT OF LAND (TRACT) CONSISTING OF A 6.3 ACRE PARCEL OF REAL PROPERTY (PARCEL "A") OWNED BY MR. ROBERT J. ROSE AND ROBERT J. ROSE, JR., AND A 1.24 ACRE PARCEL OF REAL PROPERTY (PARCEL "B") OWNED BY MR. GENE MOORE III LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD JUST SOUTH OF SOUTHEAST 15TH AVENUE IN THE CITY OF BOYNTON BEACH, FLORIDA FOR UTILITY AND OTHER MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER AND STAFF TO NEGOTIATE AND BRING BACK FOR CITY COMMISSION APPROVAL PURCHASE AND SALE CONTRACTS FOR THE TRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Ms. Stella Rossi, 625 Whispering Pines Rd., Boynton Beach, spoke on behalf of the Coalition for Wilderness Islands. Ms. Rossi pointed out this site is Florida scrub and low hammock which is rare in the City. Endangered scrub jays have been documented on the site going back many years. One pair of the birds are permanent residents on the site. Boynton Beach is the southernmost point of these birds' existence today. Ms. Rossi noted that one of our goals in the Comprehensive Plan is to protect Florida native eco- systems and their inhabitants. Scrub as it exists on this site, could be protected when shared with the City's future water facility expansion, if proper planning takes place. Both can be accommodated. Ms. Rossi requested 1) On sen- sitive sites, the Coalition and concerned citizens be included at the beginning of the planning process. 2) The 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 City needs to have reliable, biological advice to best pro- vide for the species on this scrub. The water facility can be a show place, if the structures are properly placed among the natural areas, utilizing native foliage that exists. City Manager Miller pointed out the City does not have a specific footprint for the site yet. Ms. Rossi was asked to serve as a representative planner to help the Utilities Dept. in planning the site in the initial stages, so various features of this environmentally sensitive site may be pre- served. Lynne Matson, 1 West Chesterfield Drive, Boynton Beach, pointed out that many financial institutions will not lend money or insure money for the purchase of lands unless an environmental audit has been performed. In phase one, a visual and historical audit is performed. During the second phase, soil and water sampling takes place. Because of the proximity of this site to the water treatment plant, Mrs. Matson believed it prudent to have this done. John Guidry, Utilities Director, stated the City has known about this site for some time and it is part of the Master Plan. The City is cognizant of the environmental issues. Mr. Guidry agreed an assessment needs to be made, however, he couldn't recommend spending the money up front, without institutional ownership of the property. Mr. Guidry believed Mrs. Matson was referring to a "take off inventory" which would be preliminary to looking at the whole site. W~nile he was looking at 7.83 acres on the south segment, Mr. Guidry pointed out he has an 8 acre tract that he's "sitting" on now. He has to address storm water across the whole spectrum. He had just received Geraghty & Miller's final report on sea water intrusion. Sea water intrusion is a significant issue that will be addressed in the storm water utility development scenario. At the same time, the City can do the storm water and in addressing-the total site, they would address the environmental "design around" concerns. The Mayor pointed out this had been on the drawing board in the Master Plan for expansion of the plant for a number of years. He believed that in the appraisals obtained, main- tenance and preservation of. any type of ecological problems were taken into consideration. Mr. Guidry responded that was correct. The Mayor was familiar with the history of the site and he didn't think there had ever been any manufac- turing there or anything that would have resulted in dumping on the site. The Mayor and Mr. Guidry indicated that before the land is utilized, the recommended studies will be con- ducted. 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Vice Mayor Wische moved to adopt Resolution No. R91-18. Commissioner DeLong seconded the motion which carried 4-0. Mayor Moore abstained from the vote. Memorandum of Voting Conflict is on file in the City Clerk's office. Proposed Resolution No. R91-19 Re: Approve agreement with Stanley Consultants of Florida, Inc. for Construction Management Services for the West Water Treatment Plant "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND STANLEY CONSULTANTS FOR CONSTRUCTION MANAGEMENT SERVICES AT THE WEST WATER TREATMENT PLANT, WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE." Commissioner Weiner commented on the interviewing process that had taken place. The Vice Mayor had asked both appli- cants the same questions at the end of their presentations. Commissioner Weiner believed Stanley Consultants answered about four of the questions wrong and yet the vote was 4-1 in favor of Stanley Consultants. In view of the facts, she intended to vote against this Resolution. Vice Mayor Wische moved to approve Resolution No. R91-19. Commissioner DeLong seconded the motion which carried 4-1. Commissioner Weiner cast the dissenting vote. Proposed Resolution No. R91-21 Re: Adopting a Company of the United States Armed Services (Requested by Commissioner "Sam" DeLong) "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A COMPANY OF THE UNITED STATES ARMED SERVICES; PROVIDING AN EFFECTIVE DATE." Commissioner DeLong stated that upon adoption of this Resolution, Boynton Beach will be the first City in the State to officially adopt a unit in the Persian Gulf. A special rally is being planned with sunrise services at the beach, including a "fly by" of World War II planes and patriotic music. The unit adopted by the City is the United States Army's 101st Airborne Division (The Screaming Eagles). We have been assigned Company D from the 327th Anti-Armor Infantry Unit. Vice Mayor Wische moved to adopt Resolution No. R91-21. Commissioner Artis seconded the motion which carried 5-0. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Other None. OLD BUSINESS A. Modification to the Sign Amortization Schedule (Section 21-32 of new Sign Ordinance adopted 1/15/91) Chris Cutro, Planning Director's memorandum No. 91-025 sums up changes that could be made in connection with amor- tization of nonconforming signs. Relative to signs for public uses, these could be included with shopping centers and that category extended to cover public uses. The following amortization language options were offered for consideration: 1. Any free-standing sign which exceeds the height limita- tions specified in the article by not more than 20% shall be considered as conforming to this section. 2. Any wall or free-standing sign which exceeds the size limitation specified by this article by not more than 20% shall be considered as conforming to this section. 3. Any free-standing sign which does not meet the setback requirements of this article and does not create site distance violations, shall be considered as conforming to this section. Don Jaeger, Building Official, reported the figures obtained in a recent study. There would be 160 total free-standing signs that would be nonconforming the way the Ordinance is presently. If the setback is removed, that will eliminate 82 of the signs, leaving 78. The way it is written now would further decrease that by 33, leaving a remainder of 45. 30 of the 45 would be non-conforming because of the height being over 24' The Bethesda Hospital sign as pro- posed by the Planning Dept. would become non-conforming, but it would be allowed. Discussion ensued. The Mayor recommended that staff draft these amendments which would eliminate most of the objec- tions raised by the public. The amendment could be brought back for the Commission's consideration and a Public Hearing held. Mr. Jaeger clarified that the way the amendment is proposed, 45 signs out of the 160 would have to be removed within five years. Commissioner Weiner pointed out the Commission wanted to make the City look better. That is the whole idea. These steps would wipe away what the original intent 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 was. It seemed the Commission was going back to "square one." Mr. Cutro pointed out the Planning Dept. stood by its origi- nal recommendation of a five year amortization for all non- conforming signs. It had appeared that some of the Commissioners wished to go in another direction, therefore staff had provided several options for consideration. The City Manager remarked that the Commission didn't have to go with all three points, nor would they have to go with the 20%. Vice Mayor Wische moved to authorize staff to proceed to implement these recommendations and to bring this forward after Public Hearing for consideration for adoption by the Commission, (all or any part of it). Commissioner Artis seconded the motion which carried 4-1. Commissioner Weiner cast the dissenting vote. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Municipal Code Corporation reference Planning & Zoning Board Members Mayor Moore explained the procedure where Commission approved Ordinances are periodically sent to Municipal Code Corporation for "codification." The "guts" of the Ordinances are extracted and retyped for the Code books. The City is provided 100 copies to supplement existing Code books. The Mayor referred to an error that had come to his attention involving this process. Remarks were made about how much this can cost the City during the course of the year. The Mayor believed the City Clerk's office has the capability of handling this and then having the supplements printed up. City Manager Miller indicated in-depth study of in-house capability had not taken place on this topic but it could be done. Mayor Moore referred to an error which had occurred in con- nection with codification of Ordinance No. 77-5. The error is reflected in Chapter 19-2 of the Code. The language ended up in direct conflict with the Ordinance that was passed. The Mayor asked if this could now be corrected. City Attorney Cherof responded it could probably be corrected by Ordinance. The Code ends up superceding the actual Ordinance itself and in this particular case the codification was in error and does not track the language in the original Ordinance. 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Maurice Rosenstock, Chairman of the Planning & Zoning Board, was concerned about the interpretation of what they propos=d to do. The Mayor stated the intent of Ordinance No. 77-5 was clearly to thwart and defeat it. The Mayor stated it was clearly intended that a number of boards would be established to serve at the pleasure of the Commission, including the members of those boards. Mr. Rosenstock pointed out that for at least two of the boards, the language reads, "the City Commission shall have power to remove any member of the board for cause." The Mayor responded that was the error of the Municipal Code Corporation, which error is obvious when you examine the Ordinance adopted. If an error was made, Mr. Rosenstock expressed concern over the number of years that have elapsed since 1977. There were remarks about whether the language had gained stature because of the passage of so many years. The Mayor indi- cated it could be corrected. Mr. Rosenstock was interested in proof of that point. The Mayor encouraged Mr. Rosenstock to examine a copy of Ordinance No. 77-5. 2. Public Input procedures at City Commission meetings This was discussed earlier in the meeting. 3. Update on Chapter 19 The Mayor was interested in where this project stands and whether anything will be done within the next two months. He believed there were critical, archaic points that needed to be addressed in Chapter 19. The Mayor asked the Commissioners if they thought perhaps this should be put back on "the front burner" again. City Manager Miller commented that the Sign Ordinance and some of the development plans had recently taken higher priority. Mr. Miller indicated he could ask Mr. Cutro to "put this on the front burner" if the Commission desired. The Commissioners agreed work on this project should resume. 4. Verbatim Minutes Mayor Moore noted that every now and then verbatim Minutes are requested by City Commissioners. He sometimes found the purpose of the requests difficult to decipher. If any indi- vidual Commissioner asks for verbatim Minutes, he believed the Commissioner should pay for them. There was discussion with Commissioner Weiner on the reason for a recent request she had made. Commissioner Weiner 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 stated she had been insulted as a sitting Commissioner by a man who identified himself as a member of the Board of Directors of the Dick Webber Child Abuse Center. Commissioner Weiner wanted to bring the matter up with the rest of the Board of the Child Abuse Center as she wanted to know if the opinion expressed was the opinion of the Board itself or was it one person's opinion. The only way this could be done was by obtaining a verbatim transcript. Commissioner Weiner indicated she had no problem with Commissioners having to pay for verbatim transcripts they might request. Vice Mayor Wische agreed Commissioners should pay for such transcripts. City Manager Miller interjected the City no longer provides verbatim Minutes to residents. The City does not have the staff to handle it. If people desire the information, duplicated tapes are made available for a small charge. Other than that, regular Minutes are prepared. The Mayor thought if verbatim transcripts are not made available to the public, then they shouldn't be prepared for Commissioners unless they are charged. The duplicated tapes can be taken to a public stenographer for transcription, if necessary. Discussion took place about a large mailing that had taken place. Commissioner Weiner indicated she had done research before the Childrens Task Force began their work. She per- sonally paid for all the information received and the postage required for that mailing. Later on a different mailing occurred, involving about 100 envelopes mailed out at a cost of $1.65 each. Commissioner Weiner indicated she did not pay for the second mailing as the Task Force was not her Task Force but was a City Task Force approved by the Commission. 5. Beach Decals The Mayor initiated discussion about the possibility of selling Beach Decals to residents that live outside the City limits for $50 each. This would help raise needed revenue for the City. Commissioner Weiner moved that staff look into charging $50 for Beach Decals to residents in the reserve annexation area, for six months "out of season." It should be limited to 100 or 150 to start with. She did not want to burden the beach parking lot to the disservice of Boynton Beach resi- dents. Discussion took place with Charles Frederick, Recreation & Parks Director, about the number of decals issued annually. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Vice Mayor Wische made remarks comparing population during season with off-season. Mr. Frederick indicated that out of peak season, on weekdays, the parking lot is rarely filled over 75% capacity. On weekends it is nearly full. Commissioner Weiner amended her motion to the effect that this would be for weekdays only. Discussion took place between the City Manager and Mr. Frederick about policing this change. Mr. Frederick thought it would have to be a different decal, of a different color, which would indicate it was good Monday through Friday only. The City Manager asked why limit it to 100 if it was going to be for weekdays only. Mr. Frederick believed they could possibly go up to about 300. He indicated he would review his records and provide a recommendation. Commissioner Artis moved information is available. motion which carried 5-0. to table this item until more Vice Mayor Wische seconded the B. Items for discussion requested by Commissioner Arline Weiner 1. Request ~or Minutes of Meetings Commissioner Weiner commented on the need for the Commissioners to receive copies of Minutes from the Countywide Planning Council meetings and Minutes from the Metropolitan Planning Organization meetings. Discussion ensued. Commissioner Weiner moved that the City Manager's staff contact the appropriate parties to make sure the City Manager's office is notified whenever a meeting is held and also that copies of all Minutes are sent to this Commission. With this arrangement, the Commission will receive copies even if the City's representative is absent. Commissioner DeLong seconded the motion which carried 5-0. 2. Appointment o~ a volunteer citizen for an Advisory Committee - South Central Regional Wastewater Treatment and Disposal Board Commissioner Weiner reported on discussion that had taken place at a recent SCRWTD Board meeting about establishing an Advisory Committee to the SCRWTD Board. Among the people to be included on the new Committee are the City Managers, City Attorneys and Utilities Directors from the two cities as well as one layman from each city. Commissioner Weiner recommended that the Commission choose Mr. Larry Lamont to serve as Boynton Beach's volunteer 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 citizen to the Committee. Vice Mayor Wische agreed Mr. Lamont would be a good choice. The Mayor asked what the function of the new Committee would be. Mr. Miller responded they would be meeting to establish the Committee's parameters and responsibilities. The Mayor wondered why the Committee was being created before they even knew what they were supposed to be doing. Discussion took place among the Commissioners. Mr. Miller thought the new Committee would be a vehicle to sit down and discuss upcoming matters and to provide input from staff members, prior to the regular quarterly meetings. Commissioner Weiner moved to appoint Mr. Larry Lamont to the Advisory Board of the SCRWTD Board. Vice Mayor Wische seconded the motion which carried 4-1. Mayor Moore cast the dissenting vote. 3. Task Force on the Elderly Commissioner Weiner stated she had proposed months ago that as soon as the work of the Task Force on Children and Youth was complete, she would use the same format to form a Task Force on the Elderly. She asked that Talent Bank forms be submitted from persons who would like to serve on the board which would investigate the unmet needs of elderly people in this City. Commissioner Weiner moved that the City Attorney draft such a Resolution. The motion died for lack of a second. Consideration of approval - Certificate of Public Convenience and Necessity - Dale Decker d/b/a/Emerald Limousine Mr. Dale Decker applied for a Certificate of Public Convenience and Necessity to operate Emerald Limousine from his home address. Don Jaeger, Building Official's memoran- dum No. 91-29 outlines details of this application. City Attorney Cherof recommended approval as the criteria set in the Code had been met. Vice Mayor Wische moved to approve the application. Commissioner Artis seconded the motion which carried 5-0. CITY MANAGER'S REPORT Status of Construction Projects Relative to Congress Ave. Park, Mr. Miller reported all work is complete. The contractor is closing out the documents 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 for final payment. A ribbon cutting ceremony will be held on Thursday, February 7, 1991. On Fire Station ~3, the final Certificate of Occupancy and inspection will be held on Wednesday morning, February 6, 1991. We will be moving in within the next week to ten days and the Station will then become operational. The survey and layout work is progressing on Ezell Hester Park. Clearing should start this week. Conceptual plans have been done with Gee & Jenson relative to the 6,500 sq. ft. (approximate) expansion of the Civic Center. Resignation of CRAB Chairman Earlier in the meeting (under Public Audience), Mr. Richard Gram resigned from his position as Chairman of the Community Redevelopment Advisory Board. With great regret, Commissioner Weiner moved to accept the resignation. Vice Mayor Wische seconded the motion which carried 5-0. Mr. Gram was commended for his dedicated ser- vice. ADMINISTRATIVE A. Set date for Special Commission Meeting to Read Election Proclamation and Accept Candidates' Nominating Petitions The Commission agreed to schedule this Special Commission meeting for Tuesday, February 12, 1991 at 5:00 P.M. B. Consider appointing two alternate members to the Building Board of Adjustment and Appeals Board - One Year Terms to expire April, 1992 Apmts. to be made by Commissioners DeLong and Artis Commissioner DeLong and Commissioner Artis asked that these appointments be tabled for the time being. C. Change Order ~4 - East Water Treatment Plant Improvements - Elkins Constructors, Inc. As indicated in John Guidry, Director of Utilities memoran- dum 991-023 to the City Manager, it was recommended that Change Order ~4 in the amount of $2,203.57 be approved. Vice Mayor Wische moved to approve Change Order ~4. Commissioner DeLong seconded the motion which carried 5-0. 2O MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 D. Request approval of plans for landscaping of medians on Boynton Beach Blvd. As explained in Johnnetta Broomfield, Director of Community Improvement's memorandum ~91-010 to the City Commission, approval is recommended of plans for the development of three new medians on Boynton Beach Blvd., east of 1-95, west of Seacrest Blvd., and the landscaping of two existing medians on the east and west of the 1-95 interchange as well as landscaping of the existing grassy knoll area immediately west of the Holiday Inn. Commissioner Weiner moved to approve this request. Mayor Wische seconded the motion which carried 5-0. E. Proposed Amendments to Standard Plumbing Code for Water Conservation Measures Vice Certain modifications to the Model Countywide Amendments to the Standard Plumbing Code, 1988 Edition are recommended in Don Jaeger, Building Official's memorandum No. 91-33 to the City Manager with its attachments. Vice Mayor Wische moved to put this in Ordinance form. Commissioner Weiner seconded the motion which carried 5-0. F. Approve Change Order No. 3 - Project Close Out Congress Avenue Park As explained in Bill DeBeck, Project Manager's memorandum ~91-006 to the City Manager, this Change Order involves a $2,343.46 credit to the City. Vice Mayor Wische moved to approve Change Order No. 3. Commissioner DeLong seconded the motion which carried 5-0. G. Countywide Planning Council - District 3 Vacancy - City Nominee for Consideration City Manager Miller explained that the term of Mr. Ron Ferris of Lantana, will expire in March, 1991. The Palm Beach County Municipal League asked cities in District 3 to forward a name for consideration at the February 13, 1991, Board of Directors meeting. The Commissioners agreed Commissioner Sam DeLong's name should be submitted. H. Effluent Reuse - Presentation by Camp, Dresser & McKee This topic was not discussed. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 1991 CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of January 15, 2. Special City Commission Mtg. Minutes of January 23, 1991 Special City Commission Mtg. Minutes of January 23, 1991 Re: Joint meeting between Community Appearance Board and City Commission 4. City Commission Workshop Minutes of January 28, 1991 Bids - Recommend Approval - Ail expenditures are approved in the 1990-91 Adopted Budget Annual contract for safety clothing and equipment The Tabulation Committee recommended awarding the bid to Ritz Safety Equipment of Pompano Beach, Florida. 2. Annual requirements for polyphosphates for Water Treatment Plant The Purchasing Dept. recommended the Polyphosphate bid be extended for one year with Shannon Chemical, Malvern, PA., under the same terms and conditions as the previous bid. All pricing will remain the same. 3. G.A.L.A. Concession The Tabulation Committee recommended awarding the bid to San Francisco Puffs & Stuffs, Inc. of Ft. Lauderdale, Florida. 4. Printing quotations for 9 separate items The Tabulation Committee recommended awarding the printing quotation to the lowest quote per item as indicated on the tabulation sheet in the amount of $2,434.24. C. Consider purchase of one Ford tractor for the Parks Division As outlined in John Wildner, Parks Superintendent's memoran- dum ~90-631, the 1990-91 budget provides for the purchase of a tractor to be used for mowing the old landfill property located east of the Municipal Golf Course. The tractor will be shared by the Parks Division and the Golf Course main- tenance staff. The tractor will be purchased from Ford New Holland, Tucker, Georgia. The total cost is $10,805.00. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYlgTON BEACH, FLORIDA FEBRUARY 5, 1991 D. Renew contract with Hardrives for sale and removal of lime sludge at Water Plant The Purchasing Dept. requested that the bidding process be waived and the contract with Hardrives, Inc. of Delray Beach, Florida be extended for one year. E. Piggyback bid from City of Lake Worth - Outdoor furniture for City Hall (Capital Improvement Fund) Commission approval is needed to purchase $7,551.86 worth of Wausau concrete patio furniture for use at the Library, West Wing, City Hall and the Fire and Police Depts. F. Consider request for refund on Cemetery Lots 61 A & B, Block N, Boynton Beach Memorial Park Addition ~1 Fred H. and Agnes L. Pulvermacher request a refund on ceme- tery Lots 61 A & B, Block N, Boynton Beach Memorial Park Addition 91, as they have purchased space in the Boynton Beach Mausoleum. G. Consider approval to continue remedial work on Well 916 As outlined in John Guidry, Utilities Director's memorandum No. 91-034, it was requested that the bidding procedure be waived in order to expedite repair of Well ~16 which has experienced sand infiltration due to two holes in the well screen. The repair will be handled by Meredith Corporation, Orlando, Florida, at a total cost of $15,725.00. H. Approve authorization to dispose of records - Police Department Records Destruction Request Form No. 4 had been approved by the State Division of Archives. Commission approval was needed to proceed with destruction of records from the Police Dept. I. Approval of Bills See list attached to the original copy of these Minutes in the City Clerk's office. Relative to item 22 on the list of bills, a payment to Josias & Goren~ Commissioner Weiner asked Attorney Cherof to provide the Commission with a total-to-date bill on the Woolbright Partners lawsuit. Mayor Moore noted a hearing was scheduled for Monday morning, February 11, 1991 in con- nection with Summary Judgment. 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 5, 1991 Vice Mayor Wische moved to approve the Consent Agenda. Commissioner Weiner seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at 7:45~M. Mayor ATTEST: ~it~Clerk Recording Secretary (Two Tapes) Commissioner 24 · FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COIQIMIT~EE THE BOARD, CODNCIL. COMMISSION, AUTHORITY, OR COMMITrEE ON WHICH [ SERVE IS A UNIT OF: ~/c'rrY ! i COUNTY ' OTHER I.OCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: t~ ELECTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this laxv 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 taw When faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ECTED 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 couflict: 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 ageucy) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T~'-~-E VOTE WILL BE TAKEN: ~ ,u should complete and file this form (before making any attempt to influence the decision) with the person responsible for -,.~zording the minutes of the meetiHg, who will incorporate the form in the minutes. · ~ copy of the forr~ should be provided immediately to the other members of the agency. · The form should bf read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. / / 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflicl 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 minT~ of the meeting, who should incorporate the form in tile minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) inured to my special private gain; or ,: inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom l'am retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317.{1985), A FAILURE TO MAKE AN~r REQUIIk~o DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B * 10-86 PAGE 2 o 3o XI. AGENDA FEBRUARY 5, 1991 ABBA EQUIPMENT, INC. 14 shelving units to be placed in the warehouse for added shelving to stock items. Pay from Warehouse Fund- 502-199-5-318-00 ABLE LAWNMOWER SALES & SERVICE, INC. Equipment Replacement: 1 Edger, 4 Blowers, and 1 Trimmer. These machines were ordered through State Contract P.O. #86289. Pay from General Fund- 001-722-5-641-00 ALLIED LIME Quick lime deliveries for chemical softening for December. Invoice # 7844- $7,128.91; #7504- $4,518.57; #7813- $2,094.44. Pay from Water & Sewer Revenue Fund- 401-332-5-365-00 ANDERSON & CARR, INC. For appraisal services for RJ Rose, Gene Moore III and Aircraft Products Co. 3 parcels adjacent to Water Treatment Plant and 1 parcel at Mission Hill Rd. and the E-4 Canal. Per Proposal dated: 8/21/90. Pay from Utility Capital Impr Fund- 404-000-0-690-10 BP OIL COMPANY Fuel for City Fleet, Water Plant Generators, Lift Station Generators(s), Golf Course Equipment... Pay from Water & Sewer Revenue Fund- 401-331-5-417-00: 401-332-5-417-00: 401-352-5-417-00: Pay from'Vehicle Service Fund- 501-193-5-321-00: 280.14 1,522.71 1,483.26 22,656.12 BROOKS PRODUCTS, INC. 100- 37H 1" Meter Box & Cover (with hinged lid). Pay from Water & Sewer Revenue Fund- 401-333-5-651-00 CAMEO SOFTWARE SOLUTIONS, INC. Annual software Maintenance Fee 3/1/91- 2/28/92. Invoice No. 7040. Pay from General Fund- 001-133-5-430-09 CITY PUBLISHING COMPANY, INC. 1- West Palm Beach & Vicinity; 6- Palm Beach County (2- Directories). Pay from General Fund- 001-000-1-450-20 CONSENT AGENDA I cc: Util, Rec, Mgmt Serv Finance $ 2,495.78 1,285.75 13,741.92 4,500.00 25,942.23 2,180.00 5,700.00 1,063.11 COMMISSION FEB APPROVAL 10. 11. 12. 13. 14. 15. 16. 17. THE CENTER FOR FAMILY SERVICES Employee Assistance Program: December 1990- January 1991. Pay from General Fund- 001-135-5-482-00 $ 2,688.00 CLUB CAR 2- 1991 4-Wheel DS Electric Model Club Car Ranger Cars Replacing two Gas Club Car Ranger Golf Cars- 1984, selling to the South Central Regional Wastewater Board for $650.00 each.. Pay from Golf Course Revenue Fund- 411-727-5-689-00 5,695.20 CUMMINS SOUTHEASTERN POWER, INC.. 10,309.47 Charges to complete additional testing on engine sewage repump station..factory authorized service center for this equipment (P.O. 85893); and Charges for generator out of service, primary backup power supply for the Utility Pumping Station. Pay from Water & Sewer Revenue Fund- 401-352-5-433-00 DAVIS WATER & WASTE INDUSTRIES, INC. Air Scrubber Rental as a part of the Odor Control Program- Commission approved contract. P.O.# 85970. Pay from Water & Sewer Revenue Fund- 401-352-5-499-00 3,750.00 DEVINE ENGINE & GENERATOR, INC. Generac SG020 Generator System and Transfer Switch installed with concrete pad. Project approved in Fiscal Year 1989-90, Con~nunications Division Budget. Commission approved 8/7/90; Bid Opening 7/10/90; as per Bid Specifications #072-197-90/HBC. Pay from General Fund- 001-197-5-690-05 15,650.00 EASTMAN KODAK COMPANY November and December minimum billing, October usage and November usage on model 70 copier in City Clerk's office. 2,243.29 EMERGENCY VEHICLE FABRICATORS, INC. 1 Advanced Life Support Rescue Vehicle per specifications of Bid #89-45 of Delray Beach. Pay from Vehicle Service Fund- 501-193-5-689-00 63,625.00 ENVIRONMENTAL LANDSCAPING Eastern Wellfield Modifications as directed by Community Appearance Board. Pay from Utility Capital Impr Fund- 404-000-0-690-10 4,412.00 FLORIDA SERVICE ENGINEERS, INC. Replacement power supressor board for Robicon VFD furnish & install, sole source. Pay from Water & Sewer Revenue Fund- 401-352-5-433-00 2,074.00 COMMISSION APPROVAL 18. 19. 20. 21. 22. 23. 24. 25. 26. GEE & JENSON Professional services for FEMA NFIP/CRS Application for the period 12/1/90- 12/28/90. Pay from Water & Sewer Revenue Fund- 401-392-5-462-00 $ 1,500.00 GEMAIRE DISTRIBUTORS, INC. 11~qGD 150 EK (RHEEM) AC EVAP. UNIT. Emergency replace evap. unit Air Conditioner Civic Center/ lobby front office E/W. Pay from General Fund- 001-192-5-390.01 1,577.00 HYDRO PUMPS 4- 1HP Residential Grinder Pump Systems w/ Accessories 1- Standby tHP Grinder Pump w/ Guide Yolk. As per Bid Specifications Bid ~t 008-401-90/VSMG. Pay from Golf Course Revenue Fund- 411-726-5-680-09 7,132.50 IBM Annual maintenance for AS/400 Computers. On Site Maintenance for AS/400 Computer Equipment Main Frame. Pay from various departments. 1,627.74 JOSIAS & GOREN 17,294.00 Services for December 1990- $7,135.95; EEOC matters- $200.00; DCA Comp Plan- $179.10; Mrotek- $1,425.95; FLWAC Appeal- $555.35; Woolbright Partners- $1,606.30; Tradewinds Development- $850.00; PERC Unit Clarification- $140.00; Impasse Proceedings- $450.00; Herig Arbitration- $4,461,35; Southland Corporation, Inc.- $50.00; First Union Nat'l Bank (Lien foreclosure)- $80.00; Parker, Levi & Parker (Counsel Lien Foreclosure)- $80.00; Love (Lien Foreclosure)- $80.00. Pay from General Fund- 001-141-5-461-00 KAWASAKI SUZUKI OF LAKE WALES 2,999.00 Budgeted All Terrain for safety & maintenance purposes at Oceanfront Park. 1KLF-300B2 Kawasaki All Terrain Cycle. Pay from Vehicle Service Fund- 501-193-5-681-00 MERIDITH CORPORATION 1- Televise Well No. 16 using Meredith's Pump and Deep Venture's High Resolution Cameras to identify the problem so a repair can be made. Pay from W & S Utility Revenue Fund- 421-000-0-690-21 6,300.00 MOORE BUSINESS FORMS & SYSTEMS DIV. 200M Utility Bills used in sending monthly billing for Utilty- Water & Sewer & garbage Service. Pay from Water & Sewer Revenue Fund- 401-393-5-472-00 2,603.48 MOTOROLA INC. 2 Portable Radios for Meter Readers. Radios to be modified to work with Utilities and Communications. Pay from Water & Sewer Revenue Fund- 401-334-5-690-05 4,279.00 COMMiSSiON APPROVAL 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. MUNICIPAL CODE CORPORATION Invoice # 025675 Dated 12/17/90. 100 Copies of Supplement No. 46 to the Boynton Beach Code of Ordinances. Pay from General Fund- 001-122-5-477-00 $ 4,165.18 N.M. INDUSTRIES Beds/ lockers for new Firestation #3 for new personnel. Pay from Capital Improvement fund- 302-000-1-450-20 8,053.39 T~]Z NEWS Legal Advertising for the month of December. City Clerk/ Legal Ads- P&Z Pay from General Fund- 001-122-5-470-13:$3,798.36 City Clerk/ Legal Ads- General Pay from General Fund- 001-122-5-475-00: 350.22 4,148.58 QCI International Slide/Tape Program - Lessons 1-6 Inv. #69- $990.00 Slide/Tape Program - Lessons 7-8 Inv. #70 496.45 Pay from General Fund- 001-121-5-474-00 1,486.45 P. B. & S. CHEMICAL COMPANY, INC. Chlorine Gas 1 Ton Tanks to Disinfect the Raw Water. Pay from Water & Sewer Revenue Fund- 401-332-5-363-00 1,672.00 PALM BEACH NEWSPAPERS, INC. Legal Advertising for period: 11/22 thru 12/22, 1990. City Clerk/ Legal Ads- Planning & Zoning Pay from General Fund- 001-122-5-470-13: $5,188.22 City Clerk/ Legal Ads- General Pay from General Fund- 001-122-5-475-00: 424.06 5,612.28 PEROXIDATION SYSTEMS, INC. 50% Hydrogen Peroxide Solution used for the corrosion and odor control program- Commission approved contract. Pay from Water & Sewer Revenue Fund- 401-352-5-365-00 28,151.30 PIECO 1,261.33 Repair to Gas-Boy Automated Fuel System- Damage caused by lightning strike in July 1990 prevented surge protectors from working. Pay from Self Insurance Fund- 622-195-5-440-01 PETERSEN INDUSTRIES Rotation Motor for Main Room Lighting Loader TL3. Pay from Vehicle Service Fund- 501-193-5-432-00 2,904.99 PITMAN PHOTO SUPPLY 2 Cases (30 per case) Spectra Twin Pack Film #610022. Replacement supplies for I.D. division. Pay from General Fund- 001-211-5-380-01 1,089.56 COMMISSION FEB l) 1991 APPROVAl. 37. 38. 39. 40. 41. 42. 43. 44. RAYSIDE TRUCK & TRAILER $ For Recreation & Parks Department- installation on reassigned truck- vehicle was transferred from vehicle service pool to recreation in lieu of purchase of a new vehicle. 1 Power Lift Tail Gate(cut rear bumper, relocate lights); 1 Class-3 Hitch Bumper, Installed. Pay from Vehicle Service Fund- 501-193-5-681-00 1,450.00 SCE, INC. 183,109.96 Odor Abatement System- Aeration Covers, Effluent Pumping Station Expansion and Electrical Building Project; Payment #4; Payment period: 11/27/90 to 12/19/90. Pay from 1990 Construction Fund- 409-000-0-691-20 SIRCHIE FINGERPRINT LABORATORIES Fingerprint supplies for Police Department. Pay from General Fund- 001-211-5-380-01 1,918.40 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User Charges for Wastewater Services for the month of December 1990. 213.52 MG @ .7055/1M gal.- $150,638.36. Pay from Water & Sewer Revenue Fund- 401-353-5-490-09 Sanitaire License for Patented in-place Gas Cleaning Board Approved at 10-18-90. - $ 52,896.00 Pay from Utility Capital Impr Fund- 404-000-0-691-20 203,534.36 SOUTHEASTERN MUNICIPAL SUPPLY 100 APC Markers High Range Sewer- for locating sewer pipe. Pay from Water & Sewer Revenue Fund- 401-351-5-390-06 1,200.00 SUNNILAND CORPORATION 20 Tons Bulk 15-5-15 Fertilizer for Fertilizing Roughs & Fairways; as per Bid Specifications Bid No. 010-411-91/VSMG. Pay from Golf Course Revenue Fund- 411-726-5-366-00 5,640.24 SUNSTATEMETER & SUPPLY, INC. 1,000 Model 25 3/4" Water Meters- $23,000.00. Pay from Water & Sewer Revenue Fund- 401-333-5-651-00 Materials used to raise Water Meters- $2,442.20. Pay from Water & Sewer Revenue Fund- 401-333-5-651-00 $1,759.50 401-333-5-390-05 682.70 25,442.20 TENNIS SUPPLY 14 Rolls 6" x 120' Windscreens (Weathershade) 3 Boxes Deluxe TY-RAPS Steel Tongue Necessary for new courts at Racquet Center Pay from Public Servc Tax Constr- 301-721-5-648-00 2,302.20 COMMISSION FEB ~5 ]99] APPROVAL 45. 46. 47. 48. 49. 50. OSCAR VAGI & ASSOCIATES ARCHITECTS INC. Invoice No. 1453 (Reproduction of construction documents, mailing and phone charges); Inv. No. 1452 (Amendment to Contract per Resolution R90-192) Project: Ezell Hester, Jr. and Rolling Green Parks. Pay from Public Service Tax Constr- 301-721-5-463-01 $11,080.48 301-721-5-463-02 11,080.48 $ 22,160.96 WATER RESOURCES CORPORATION Submersible Sewage Pumps and Flygt Adapter Guide Claws; Commission approved Bid 2-6-90. Pay from Utility Capital Impr Fund- 404-352-5-642-00 21,302.00 S.T. WICOLE CONSTRUCTION Payment #13 on P.O. 82192 for construction of Fire Station #3 in accordance with Contract & Specifications; Bid Opening- 8/10/89; Con~nission Approved- 12/5/89. Pay from Capital Improvement Fund- 302-223-5-640-11 146,096.73 GEE & JENSON, ENGINEERS, ARCHITECTS, PLANNERS, INC. Landfill- Services 12/1/90 through 12/28/90; Invoice #25735, Job #90-025. Pay from Sanitation Fund- 431-341-5-962-00 2,806.15 REDI REAL ESTATE INFORMATION SERVICE 1,293.60 Invoice Dated 1/10/91- Aerial Map; South Palm Beach County. Pay from General Fund- 001-122-5-499-00 DUTCH CONSTRUCTION CO., INC. 14,501.74 Payment #5, P.O. 84849: Congress Avenue Park in Accordance with Contract and Specification Documents; Bid #070-722-90/ }iBC; Commission Approved: July 17, 1990. Pay from Public Servc Tax Constr- 301-721-5-648-00 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. COMMISSION FEB $ ]991 j cott Miller, City Manager / APPROVAL