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Minutes 03-06-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, MARCH 6, 1990 AT 6:00 P.M. PRESENT ~ene Moore, Mayor Robert Olenik, Jr., Vice Mayor Lillian Artis, Commissioner Arline Weiner, Commissioner Lee Wische, Commissioner J. Scott Miller, City Manager Sue Kruse, Deputy Clerk Mayor Moore called the meeting to order at 6:00 P.M. Following a moment of silent prayer, the Pledge of ~llegiance to the Flag was led by Commissioner Lee Wische. AGENDA APPROVAL Under "CONSENT AGENDA, C. Resolutions" City Manager Miller Wished to add three Letters of Credit relative to the ~radewinds Development. Under "ADMINISTRATIVE, H." he Wished to add "Confirmation of the City Clerk position". ~ayor. Moore remarked he had written a memorandum about the Upcoming selection of privitized bids at the South County Regional wastewater facility. He asked if a member of staff Was trying to capitalize these things. City Manager Miller ~esponded this was being done. Relative to the City going out to bid on five medians on ederal Hwy., Mayor Moore questioned the cost of $50,000 per edian. City Manager Miller and Charles Frederick, ~ecreation & Parks Director explained the project is a 50/50 ~atching grant. The City's share will be approximately ~50,000 and the State's share will be the same on the five medians. nder "NEW BUSINESS, A. 5." Mayor Moore wished to discuss Fire Station No. 1". Commissioner Artis stated she had personal remarks she would like to make under "ANNOUNCEMENTS". ~ommissioner Wische questioned Item %2 "Censure of iommissioner Arline Weiner" which appeared on the Agenda nder "ANNOUNCEMENTS". Commissioner W~iner stated she had equested this item appear on the Agenaa. Commissioner ische thought that since Commissioner Weiner had been on ~he negative side of the vote, she was not in a position to put it on the Agenda. in connection with Robert's Rules of Order, Vice Mayor ~lenik. stated anyone could discuss the topic but a motion to ~econsider would have to be made by the affirmative side of 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 the vote or by a person who did not participate in the pre- vious decision. iCommissioner Weiner indicated her purpose in putting this on ithe Agenda was to do away with the lack of due process iafforded her at the time she was charged, judged and sen- itenced without any notice and without being given a chance !to reply to the charges made. She wished to reply to the Icharges at this time. Other remarks were made. iVice Mayor Olenik moved for the adoption of the revised ~genda. Commissioner Wische seconded the motion which Icarrled 5-0. ~',INOUNCEMENTS I1. Proclamations !a) Red Cross Month - March, 1990 ~) G.A.L.A. - March 23, 1990 through March 25, 1990 ~ayor Moore indicated these Proclamations would be executed. 2. Request of Commissioner Arline Weiner to Rescind Censure Mayor Moore asked if there was a motion to reconsider the censure of Commissioner Weiner. Commissioner Weiner stated she was asking the Commission to listen to her answer to charges made. Some disagreement took place on proper proce- dure. Mayor Moore felt that unless there was a motion to reconsider an action taken, it was not proper to discuss it. Commissioner Weiner felt it was outrageous for her not to be allowed an opportunity to reply. Vice Mayor Olenik referred to a letter from Bernard Rubin's attorney, Mr. Silver, which indicated things had been resolved between Mr. Rubin and Commissioner Weiner. Mr. Rubin was asking the Commission to reconsider the censure. Mr. Silver, who was present in the audience, indicated that was correct. Further disagreement took place on whether it was appropriate to discuss this topic at this time. Commissioner Wische felt the incident involving Bernard Rubin was only a part of the reason for the censure. Commissioner Artis asked the City's temporary attorneys (Moyle, Flanigan) who were sitting in the audience, if she could legally ask that Commissioner Weiner be allowed to discuss this. The Attorney indicated they had not been pre- sent when the censure occurred and were unfamiliar with all the issues involved. Vice Mayor Olenik explained what the division on the vote had been and the fact that Commissioner 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MARCH 6, 1990 Artis was not on the Commission at that time. The Attorney thought if this was going to be a time consuming matter perhaps a time certain should be set and an Agenda item set aside for the topic. The Mayor repeated that he still felt a motion to reconsider was in order. ~ommissioner Weiner's Attorney, R. William Rutter, Jr. attempted to address the Commission on Commissioner Weiner's behalf and stated the original action taken was not in accordance with Robert's Rules of Order in the first place. They wished to rectify the action taken. At one point Mayor ~oore declared Mr. Rutter out of order. Commissioner Artis asked Mr. Rutter exactly what they were ~sking for. Mr. Rutter responded they were asking for ~iscussion and ultimately a reconsideration and rescinding ~f the decision. Mr. Rutter referred to previous Commission Minutes where Mayor Moore, Vice Mayor Olenik and Commissioner Hester had indicated Commissioner Weiner should ~e allowed the opportunity, at a later date, to come forward and present her side of the story. Mr. Rutter felt there ~ad been a rush to judgment as Commissioner Weiner had not been allowed to present her side at that time. ice Mayor Olenik explained to Commissioner Artis that a otion to reconsider would not change the vote but would ~llow the Commission to discuss the issue. If they wished ~o remove the censure, there would have to be a separate ~otion. ~urther disagreement took place and Mr. Rutter referred to ommissioner Weiner being removed from appointment to boards ithout being given a hearing. Mayor Moore responded the ity Attorney at that time, Raymond Rea, had ruled what the ommission did was proper. lommissioner Artis moved to open the discussion for the )enefit of Commissioner Weiner. Vice Mayor Olenik seconded motion. The vote was 3-2. Mayor Moore and Commissioner ;ische voted against the motion. ~ttorney Rutter referred to Robert's Rules of Order which .ndicates an accused member has the right to due process, :hat is, to be informed of the charge, given time to pre- )are a defense, to appear defending oneself and to be fairly :reated. Mr. Rutter had submitted a letter to the ~ommission dated March 1, 1990 which addressed various areas .ncluding the Attorney General's opinion requested by ~ommissioner Weiner, use of City stationery, having Public nformation Officer Laura Widmer accompany her on a hildren's Task Force business trip, the Time Management ~ystem briefcase and the Bernard Rubin/Internal Auditor 3 MINUTES - REGULAR CITY COmmISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 incident. A copy of this letter is attached to these Minutes and made a part hereof. Numerous attachments to the letter are not attached to these Minutes but are on file in the City Clerk's Office. Mr. Rutter made remarks thoroughly defending Commissioner Weiner in each of these areas. Mr. Rutter encouraged the Commission to rescind the censure, including any actions taken against her in regard to removal from boards. Robert Walshak, 1601 N. Congress Ave., Boynton Beach addressed the Commission and stated he was convinced the City was losing sight of its direction. The Commission deals with important issues that affect the quality of life Sn the City in coming decades. He felt there was no room on %he Commission for ridiculing one another's handicaps, whether they be physical or psychological. He asked the Commissioners to cooperate and pull together so that the ~ity is not made a laughing stock in the County. As a gesture towards these goals, he felt the censure should be removed from Commissioner Weiner. Attorney Barry Silver, Corporate Centre, Suite 204, 7777 ~lades Rd., Boca Raton addressed the Commission. He repre- Sented Bernard Rubin in the lawsuit which had been filed but ~as later voluntarily dismissed as the matter was resolved between Mr. Rubin and Commissioner Weiner. Commissioner einer had indicated she did not suspect the integrity of r. Rubin, but there had been a misunderstanding. Mr. Silver felt Mr. Rubin's good name had been restored. Mr. ubin was upset that his situation had caused the Commission o become embroiled in controversy and he did not think it ~as helping the City to continue the controversy. The ~awsuit had been resolved and Mr. Rubin had asked that the censure be removed along with any sanctions. ~ynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach apolo- gized to Judge Rutter and the audience for the initial ~isagreeable conversation which took place before the discussion was allowed to proceed. Ms. Greenhouse referred ~o the Mission Statement which would be discussed later in ~he meeting. She felt if the Mayor truly wanted to end the ivisiveness on the Commission, he should make the motion to emove the censure and sanctions. Ms. Greenhouse did not hink there were valid reasons for the censure but it ~mounted to politicking. She felt allegations that have Come up against the Mayor were more serious than the allega- tions that existed against Commissioner Weiner. Other ~emarks were made relative to lifting the censure and ~etting the situation heal. Discussion took place among the Commissioners and various ~pinions were expressed. Commissioner Weiner indicated she 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 did not answer the matter immediately because of the death of Commissioner Hester. Following that the Commission was heavily involved in the Tradewinds problem. Until that matter was laid to rest, she felt she could not bring the matter back before the Commission. Mayor Moore asked that in the future, matters like this not appear on the Agenda under "ANNOUNCEMENTS". Commissioner Weiner stated she was not asking that Mr. Dan Richter be removed from the County Planning Council. She Bas asking that the censure be rescinded and that she be ~eplaced on the two committees that have no representation ~rom the City. Commissioner Artis remarked it had only been eight weeks Since she became a Commissioner. She felt each of the Commissioners needed to respect and appreciate the talents ~ach brings to the Commission. She thought they needed to ~evote all of their resources toward solving the major %ssues they face. Personal differences should not stand in the way of solutions. She felt Boynton Beach deserved a ~ramatlc attitude adjustment on the part of the City Commission. She encouraged the Commissioners to respect one another and work as a team. Motion Commissioner Artis moved that the censure be lifted and that ~ommissioner Weiner be replaced on the two boards that have 9o representation. Vice Mayor Olenik seconded the motion. The Vice Mayor agreed with the Mayor that this topic should ~ot have been placed on the Agenda under "ANNOUNCEMENTS" but Should have appeared either under "OLD BUSINESS" or under ~ommlss~oner Welner's comments. He felt the "ANNOUNCEMENTS" ~ection should be used strictly for announcements for the general public. Vice Mayor Olenik felt if a Commissioner does something very ierious and there is no recall provision in the Charter as t currently is written, then the person should either be oted out when the appropriate time comes or the Governor of ~he State should be asked to legally remove the person. The Vice Mayor stated he never supported the censure or sanc- tions against Commissioner Weiner. ~ayor Moore called for a vote on the motion which was on the loor. The motion passed 3-2. Mayor Moore and Commissioner ische voted against the motion. It was noted that this ill not affect Mr. Richter's appointment to the County lanning Council. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 3. City of Boynton Beach General Election MARCH 6, 1990 - March 13, 1990 Mayor Moore indicated he would be signing the Proclamation calling the City's General Election on March 13, 1990. 4- Personal Remarks by Commissioner Lillian Artis Commissioner Artis indicated she had made her remarks during ~he previous discussion on lifting the censure of ~ommissioner Weiner. CONSENT AGENDA A. Minutes !. Regular City Commission Mt9. Minutes of February 20, 1990 $. Special City Commission Mtg. Minutes of February 27, 1990 $. Bids - Recommend Approval - All expenditures are approved i in the 1989-90 Adopted Budget One New and Unused, 1989-90 Residential Waste Recycling Material Collection Vehicle ~he Tabulation Committee recommended awarding the bid to outh Florida Mack Truck of Riviera Beach, Florida in the ~mount of $75,867.00 for a 1989 Mack cab and chassis with a ~ogers 32 yard recycle body. representative from Palm Peterbilt-GMC, Inc. wished to ~ddress the Commission in connection with this bid. In )rder to expedite the CONSENT AGENDA, Vice Mayor Olenik ~uggested this bid be pulled from the CONSENT AGENDA and ~iscussed immediately following the CONSENT AGENDA. There ~as agreement. Resolutions Proposed Resolution No. 90-P Re: Release of Roadway Restoration Bond - Boynton Lakes Plaza - McDevitt & Street "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA RELEASING THE ROADWAY RESTORATION BOND RELATING TO A HAUL PERMIT FOR IMPORTATION OF SOILS AT BOYNTON LAKES PLAZA SHOPPING CENTER SITUATED AT THE SOUTHEAST CORNER OF HYPOLUXO ROAD AND CONGRESS AVENUE." Proposed Resolution No. 90-Q Re: Bond Reduction - Lil Dude Ranch at Knuth Road and Old Boynton Road MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE REDUCTION OF SURETY FOR WATER AND SEWER IMPROVEMENTS FOR THE LITTLE DUDE RANCH AT 3520 OLD BOYNTON ROAD." Proposed Resolution No. 90-R Re: Theme for Boynton Beach - America's Gateway to the Gulfstream "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A "THEME" FOR THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Resolution No. 90-S Re: Shoppes of Woolbright P.C.D. - Required Off-site Water Distribution and Sewage Collection Systems - Clean Irrevocable Letter of Credit - Acceptance - Tradewinds Group "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A LETTER OF CREDIT RELATED TO DEVELOPMENT OF THE SHOPPES OF WOOLBRIGHT P.C.D." Proposed Resolution No. 90-T Re: Shoppes of Woolbright P.C.D. - Required Sewage Flow Re-routing - Clean Irrevocable Letter of Credit Acceptance - Tradewinds Group "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF LETTERS OF CREDIT RELATED TO DEVELOPMENT WITHIN SHOPPES OF WOOLBRIGHT P.C.D." Proposed Resolution No. 90-U Re: Shoppes of Woolbright P.C.D. - Required Water Distribution and Sewage Collection System - Clean Irrevocable Letter of Credit - Acceptance - Tradewinds Group "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF LETTERS OF CREDIT RELATED TO DEVELOPMENT WITHIN SHOPPES OF WOOLBRIGHT, P.C.D." t. Developm__.~on~ Plan__~..~ one. · Consider approval of an emergency purchase of a Blueprint ! Machine MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 As outlined in William Sullivan, Purchasing Director's February 21, 1990 memorandum to the City Manager, the Planning and Engineering Departments recommend purchase of the Diazit Omni Trac P/N 6190 Blueprint Machine. The net cost of $1,950.75 will be split equally between the two departments. F. Approve authorization to dispose of records - Communications Approval was requested to dispose of Telecommunications Terminal Logs, 6/15/89 through 5/31/90 and E-911 Daily Logs, 9/1/88 through 5/31/90. Disposal authorization had been received from the State of Florida, Division of Archives for the records as outlined on Records Destruction Request No. 186. Consider approval of emergency electrical materials and work to Art Center trailers s outlined in Bill DeBeck, Project Manager's February 27, 990 memorandum to William Sullivan, Purchasing Director, permission was requested to provide new electrical service ~o three trailers which will be serving as temporary head- ~uarters for the Art Center which was recently damaged by a ire. Cost was estimated to be $2,800.00. Consider approval to place special event signs in the Community for G.A.L.A. Commission approval was requested to erect temporary special ~vent signs for the upcoming G.A.L.A. All signs will be %ocated on City property with the exception of one sign ~hich will be located at the Mobile Station located at the Corner of Congress Ave. and Boynton Beach Blvd. The pro- perty owner has given permission to the recreation staff to ~se this location. 5' Consider approval of request from Bethesda Ambulance : Service to purchase surplus portable radios ~n February 23, 1990, Bethesda Ambulance Service took over the. Ocean Ridge and Briny Breezes emergency ambulance ser- 9ice. Permission is required for the City to sell Bethesda ~mb~lance Service four Motorola Portable ~MT500 radio units ~s is for $125 each or a total of $500. This also includes ~ntennas, chargers and cases. Vice Mayor Olenik asked if Motorola had any problem with the ~ity selling these used radios. Craig Grabeel, Management Services Director responded negatively. 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 J. Approval of Bills See list attached to the original copy of these Minutes in the Office of the City Clerk. Vice Mayor Olenik remarked he would be abstaining from voting on ~20 which was a payment to Motorola, Inc. Memorandum of Voting Conflict is on file in the Office of the City Clerk. Discussion took place over item ~5, a payment of $2,641.13 to Damsel & Gelston, P.A. for professional fees in Jacob Goldman vs. City of Boynton Beach. ~olice Chief Hillery explained this had to do with the ~ttempted confiscation of a vehicle which was involved in transporting a valuable stolen rug out of the City. Chief ~illery explained the specifics. This bill was for the attorney who was hired by Mr. Rea to represent the City. ~ayor Moore asked City Manager Miller if item ~4, a payment Of $54,960.80 to CH2M Hill had been previously approved by the Commission. Mr. Miller responded it had been. ~otion ~ice Mayor Olenik moved to approve the CONSENT AGENDA with ~he exception of B. 1. Bids. Commissioner Weiner seconded the motion which carried 5-0. ~id - One New and Unused, 1989-90 Residential Waste ~eeycling Material Collection Vehicle ~his item had been pulled from the CONSENT AGENDA so it ~ould be discussed individually. ob Eichorst and Carel Fisher from the Public Works Dept. xplained that it had beeN made known in the specs that delivery time would be an important factor because of the ~eed to go on line April 1, taking over the pilot program of ~he Solid Waste Authority. Remarks were made about some of ~he trucks available from the various bidders which did not ~eet the requirements or that would not be available in %ime. r. Eichorst stated Ray Pace's Waste Equipment had a price f $69,521 with a delivery time of 120 days, which far exceeded what they needed. The bid received from Palm Peterbilt had the typed in price Crossed out and a price $i,000 higher was pencilled in. That brought the price of the demo which was used to more MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 than their new vehicle. Mr. Eichorst suspected this was done because the company knew the City wanted immediate delivery. Their price on a new model was $74,760 with a 30 day delivery. Mr. Fisher explained that when a new unit was demonstrated it threw the pump drive shaft out when they tried to raise the body empty. He felt the unit being offered was not a "thoroughbred Peterbilt" and was of inferior quality. Vice Mayor Olenik asked about Transtat Equipment, Inc.'s bid Of $54,775.00 and if the main reason for rejecting the bid Was because of the 120 - 150 day delivery. Mr. Fisher explained that bid was rejected because their truck had no top cover but was an open top dump body similar to the vehicles presently being used for picking up bulk trash. It had partitions added and the truck was too small. The Vice Mayor asked if any of the lower priced bids had been rejected simply because of the time frame. Mr. Fisher ~esponded, "Not entirely, but that was a factor". The Vice Mayor felt he could convince the Solid Waste Authority to ~xtend the date for the changeover if the City could save ~oney and it would take more than 30 days to get the truck. Other remarks were made. ~r. Larry Roberts of Ray Pace's Waste Equipment, 2201 SW 59th Ave., West Hollywood, Florida addressed the Commission ~elative to the LeBre model his company was promoting and ~xplained how the adjustable partitions work in the truck, Which keep the materials sorted. He elaborated on how ~idely used this recycling vehicle is used. He stated his id was $69,521 which was about $6,000 less than the bid hich had been recommended for award. He said the urgent %ime frame was not made clear to the vendors. His company ad units available that could be used temporarily until the ew unit was ready. Other remarks were made. He asked that ~econsideration be given to the LeBre. r. Fisher noted that the factory specifications on the rear xle of the truck offered by Ray Pace's were pencilled in to ~eet the 22,000 lb. weight rating on the rear axle. They ~ould only accept factory printed literature indicating Weight ratings. Discussion took place about the need to be able to get parts for the truck locally when repairs are ~eeded. ~r. Fisher stated the recommendation was based on equipment ~hey have had practical experience with. They have 14 Mack units on line presently and have had excellent product sup- ~ort from the company. Mr. Fisher indicated the City did consult with the Solid Waste Authority and did not accept ~heir entire recommendation as they recommended a dual side 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 pickup which the City was trying to avoid for safety reasons. Mr. George Smyth of Palm Peterbilt-GMC, Inc., 2441 S. State Road 7, Ft. Lauderdale, Florida explained their bid was low and they had less than 30 day delivery on their truck. He stated their truck met the specifications. He listed the names of customers and elaborated on why he felt his truck was superior. Motion Lengthy discussion ensued. The Vice Mayor was not convinced that staff's recommendation was the best recommendation for the City. Commissioner Wische moved to accept the bid recommended by staff. Commissioner Artis seconded the motion. Commissioner Weiner questioned the City's legal position when accepting a higher bid. Remarks were made about "the lowest and best bid" and being comfortable with a bid. Commissioner Artis thought if we will get better ser- vice with this bid, it will save money in the long run. City Manager Miller stated the truck has to be kept opera- tive and cannot afford to be down. A vote was called on the ~otion to accept staff's recommendation. The motion carried 4-1. The Vice Mayor voted against the motion. PUBLIC HEARINGS None. PUBLIC AUDIENCE Dan Richter, 3565 S. Lake Drive, Boynton Beach explained Chat when Chapter 19 was rewritten, hundreds of hours were ~pent collectively by the Planning & Zoning Board, the Community Appearance Board, the Community Redevelopment Agency and staff in combined workshops and Public Hearings in recent months. Input was received from concerned citi- Zens, the Chamber of Commerce, builders, etc. Mr. Richter explained that the revised version of Chapter 19 that City Manager Miller put before the Commission had been ~odified to the extent that some found it confusing and he ~xplained. In less than 15 minutes, Chapter 19 had been ?gutted" in his opinion. Mr. Richter addressed the specific Sections of Chapter 19 and explained changes recommended by ~he City Manager that he felt were inadvisable, redundant or cumbersome. He thought the changes recommended by Mr. ~iller would subvert the streamlining process for building permits and regress the progress to a state worse than before. Mr. Richter hoped the City boards would be invited to participate in the upcoming Workshop meeting before this is finally approved. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Mayor Moore stated he had re-reviewed this topic after the Commission acted in a rather hasty manner and he too had serious questions on whether the process had been Streamlined or complicated. Once the draft was produced in final form, the Mayor stated there would be a public meeting on this prior to adoption. Ralph Marchese, 1901 Roma Way, Boynton Beach stated he was a member of the Neighborhood Watch for the Boynton Leisureville Association. He related an incident which took place recently when he was on crime-watch duty. He praised the Police response to a potentially dangerous situation Which had taken place. ~r. Musa M. Ahmed the owner of a new Kwik Stop Food Store %ocated at 1305 S. Federal Hwy., Boynton Beach requested he De allowed to put up banners and flags in front of his store for at least one month. He wanted the public to be aware of ~is Grand Opening. ~ity Manager Miller noted the Sign Ordinance doesn't really get involved in this sort of thing, however, in the past Sndividuals had come before the Commission with similar ~equests. Remarks were made about the November, 1989 Grand Opening signs for a Texaco Gas Station. Don Jaeger, Building Official had not seen the written ~equest or the illustration which Mr. /%hmed had made available to the Commission. He stated traditionally the City had denied signs and banners like this because it did ~ot comply with the intent of the Sign Code. Temporary ban- ~ers had been allowed for civic purposes only. Mr. Jaeger noted the Code was a little vague in that particular area. ~r. Jaeger remarked that the Texaco approval had taken place %n error. The request of Mr. Ahmed was not approved. ~r. H. C. Sumrall, 510 Mission Hill Rd., Boynton Beach was pset over a large carnival that was planned in his residen- ial neighborhood. Large trucks and equipment were arriving ~t the St. Joseph's School property. Mr. Sumrall made pho- ~ographs available and explained the carnival begins on 9ursday, March 8 and will run through Sunday, March 11, 90. Mr. Sumrall was amazed that the Commission had ~pproved this event which will operate on the church pro- perty until 11:00 P.M. Mr. Sumrall noted in the past ~maller events have taken place on the site but this is a ~arge commercial operation. Mr. Sumrall was concerned with the noise and danger factors. He stated the property was ~ull of equipment and there's no where for the visitors to even park. The vice Mayor asked who the staff persons were that ~eviewed the request prior to it coming to the Commission. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 He wondered if there were any Ordinances prohibiting over- night living accommodations on the church property. Discussion ensued. The Vice Mayor responded he didn't think anyone on the Commission had any idea it would be such a iarge operation. City Manager Miller remarked special Police detail would be arranged. The Vice Mayor was concerned that it took a citi- zen to come to a Commission meeting to get staff's eyes open to this situation. Wilfred Hawkins, Assistant to the City Manager/Ombudsman interjected this was brought to the Commission for approval and was the same company that set up at the North end. At that time the Commission approved it. No citizens objected at that time. This time there had been an objection from the residents. In connection with staff reviewing this, Mr. Hawkins stated there were certain comments that had to be met by the carnival such as police protection each night (at ~he carnival's expense), parking, etc. Safety inspections have to take place. The carnival which took place at the Methodist Church was on private property and was approved. The same circumstances exist in this instance. Mr. Hawkins stated in the future this sort of thing probably would not be allowed in a residential area again. Mr. Hawkins indi- Cated if the Police experience any problems with noise levels, they are to shut the carnival down. Vice Mayor Olenik hoped the Police Dept. would enforce the ~oise Ordinance at the carnival in the same strict manner that it is enforced anywhere else. ~enrietta Solomon, 230 N.E. 26th Ave., Boynton Beach ~d~ressed her comments to Mayor Moore. She felt before the Mayor was elected Boynton Beach was a growing, respected, harmonious place to live. She felt we were currently on the brink of disaster. She thought at times the Mayor had been vulgar, cruel and even stupid. She realized he inherited a problem but instead of resolving it she felt he had made it Worse and added problems of huge proportions. She stated ~he Mayor would be doing the City a favor if he would resign his office of Mayor. LEGAL D. Other Attorney Legal Services - (Previously TABLED) The Commission agreed to move this item up on the Agenda. Vice Mayor Olenik moved to remove the topic from the table. Commissioner Weiner seconded the motion which carried 5-0. 13 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MARCH 6, 1990 City Manager Miller explained proposals had been received from the following four law firms: McGee, Jordan, Shuey, Koons, Gchroeder & Morris Moyle, Flanigan, Katz, Fitzgerald & Sheehan Taplin, Howard, Shaw & Miller, P.A. Josias & Goren, P.A. Resumes had been received from Mr. Harry Eberhart and Mr. Curtis Grodin. Hr. Miller explained what the various firms would charge. The City Manager stated he had worked with the firm of ~osias & Goren, P.A. out of Ft. Lauderdale. The firm had ~unicipal government experience. They proposed a retainer Of $75,000, $100 per hour for litigation and $800 for a for- feiture. This was the lowest fee for services received. ~ommissioner Weiner recommended the Commission not go with an individual attorney but go with a firm. Commissioner ~ische was agreeable to going with a firm on the condition ~hat they supply an attorney at City Hall every day at prescribed hours, for one or two hours a day, so that the Commissioners, department heads, etc. can consult them. Mr. Miller clarified this daily service would come under the ~etainage. Discussion ensued about saving money. Various Commissioners expressed their feelings about the firms. Remarks were made about the fact that Moyle, Flanigan also represents people who do business in the City ~nd the Vice Mayor thought there might be a potential problem with that. mayor Moore understood that even though the firm of Josias & ~oren was located in Ft. Lauderdale, they had a member of the firm who lives in Boynton Beach that could fill the need on a ~vailability regular basis. From reviewing their resume it appeared they were thoroughly qualified in the ~ield of municipal law. ~ommissioner Wische asked how the City Manager felt about osias & Goren. Mr. Miller responded he had worked with hem in Oakland Park and found them to be a very responsive ind professional firm with satisfactory fees. They handle abor litigation, condemnations, forfeitures, etc. Mr. iller stated the $75,000 retainer would include handling rdinances, Resolu%ions, Commission and board meetings and Agreements. The only other cost would be litigation at $100 ~er hour and forfeitures at $800. We would not be billed or travel time or anything along that line as it would be ~ncluded. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYSITON BEACH, FLORIDA MARCH 6, 1990 Commissioner Weiner referred to the City being an Equal Opportunity Employer and she wanted to make sure every firm hired to work for the City also had that policy. She had observed several of the firms did appear to have that policy in their choice of associates, including Josia & Goren. She had no qualms about hiring this firm. Vice Mayor Olenik moved to hire Josias & Goren as City Attorneys. Commissioner Wische seconded the motion which carried 5-0. Mayor Moore noted the Charter does explain that they serve at the pleasure of the Commission just as a full-time City Attorney would. City Manager Miller indicated the $75,000 annual retainer Would be paid on a monthly basis. DEVELOPMENT PLANS A. Excavation Permit to Haul 5,000 Cubic Yards of Muck Off-site, Boynton Lakes Plaza - Dale Construction Mayor Moore noted the recommendation of the Engineering Dept. was to allow this to proceed. ~ommissioner Wische moved to approve the granting of the request as recommended by the Acting Assistant to the City Engineer. Vice Mayor Olenik seconded the motion which Carried 5-0. Minor repair of automobile/passenger vehicles as a prin- cipal use in the C-3 zoning district (Previously on Agenda for 2/20/90) Commissioner Wische indicated he was at the Planning & Zoning Board meeting when this recently came up. It was his interpretation that the recommendation for C-3 was to include any licensed vehicle. That would include tractor trailers, moving vans, etc. He wanted the language to spe- Cify only automobiles or 3/4 ton pickup trucks for in-frame repairs only. Mayor Moore noted this topic came up in conjunction with the Sears Store. The discussion was that there would be a change where you could sell tires unconnected with a gas station. They could do anything that a Sears auto store could do. He had no objection to pinning it down to say automobiles or trucks, exclusive of semi-vans. He thought Something similar to a Sears Automotive Center was what the Commission had told staff was okay. As he interpreted the Memorandums from the Planning staff, somewhere along the line there was a slip and that's not how the Ordinance turned out. 15 MINUTES - REGULAR CITY COMMISSION MEETING BO~I~TON BEACH, FLORIDA MARCH 6, 1990 Tim Cannon, Interim Planning Director indicated they would draft an Ordinance as he thought he knew what the Commission wanted. Technical discussion ensued. Mayor Moore noted this actually didn't arise in connection with Sears, but arose in connection with a Firestone store up in the north end of town. They do minor repairs and someone said they couldn't operate a Firestone store unless they put in some gas tanks, which they didn't want to do. The Mayor felt there was no question that the legislative intent was that in addition to that change it was supposed to be whatever it takes to define a Sears store. For clarification, Mr. Cannon repeated that he understood the Ordinance should allow minor in-frame repairs as a per- mitted use in C-3, not just in conjunction with a mall or Shopping center. Mayor Moore responded that's what staff had been instructed to do and yet it didn't turn out that way. Mr. Cannon stated the Ordinance would be drafted and brought back to the Commission. ~aurice Rosenstock, 1 Villa Lane, Boynton Beach had no problem with a Sears-type operation where you have a large ~hopping center and cars to be repaired are parked together With customers' cars and are unnoticable. At some of the ~inor repair shops in town this is not the case. When you ~ave a C-3 zoning area which may abut a beautiful strip ~enter or residential property you can end up with junk cars being stored in an area that people have to view day after ~ay. Sears and K-mart conduct a very clean operation. He Was concerned with independent operations abusing the ~ituation. He hoped the Planning Dept. would make the language extremely restrictive as to the type of vehicles allowed, the numbers that could be parked and screening from public view. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach was deeply concerned with the appearance of N. Federal Hwy. and ~llowing minor repairs as a permitted use. She referred to ~bout 30 auto related shops where junk cars sit. Remarks Were made about N & D Auto coming before the Commission some ~ime back and being allowed to do major repairs. They ~howed the CA~ beautiful renderings of landscaping which was to be installed to hide the automobiles on the site. The 9egetation has died and they've been before the CEB. She ~as concerned that Federal Hwy. and other roads would get more and more of these auto repair shops. ~s. Greenhouse noted that even though these businesses were Supposed to be repairing the vehicles within the framework Of the building itself, they many times don't and she ~xplained how difficult this becomes for Code Enforcement. ~he was afraid the City would be opening ugly floodgates if they allow this to happen in a blanket fashion. 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Ms. Greenhouse stated she had asked Mr. Rea if he had any recollection of this being a part of the Ordinance and being left out. Mr. Rea had indicated it was not his understanding that this was supposed to be an "all or nothing deal". Remarks were made by Mr. Cannon relative to N & D Auto Repair being located in C-4 which allows automobile repair of any type. Mayor Moore made remarks about a person possibly having a small lot in C-3 and trying to park 50 cars at the site. He ~uggested it be tied into a minimum of a 5 acre shopping center (or whatever area you have to have for a good sized shopping center as opposed to a strip center) to provide Some sort of comfort level. The Mayor thought it could be a permitted use under these circumstances. There was agreement. ¢. Consider six applications submitted by Kilday and Associates for Annexation, Land Use Element Amendment and Rezoning City Manager Miller indicated the City was "going with this". Tim Cannon, Interim Planning Director referred to a ~9 acre commercial parcel being over one of the threshholds ~or a development of regional impact. Mr. Cannnon's conver- Sations with DCA and Treasure Coast indicate it probably is ~ot a DRI since they aren't proposing any specific develop- ~ent. The threshhold for a commercial DRI is 40 acres of ~ommercial. Mr. Cannon indicated when they have projects ~here it appears it might be a DRI, they prefer to bring it ~o the Commission and the Commission, if they choose, can ~sk DCA for a binding letter. Mr. Cannon noted the applica- tions would have to be complete before they are sent to the Planning & Zoning Board and the Commission. ~r. Kieran Kilday of Kilday & Associates explained Mr. Winchester has involvement in some of the parcels but not all of them. He referred to a map and pointed out the 49 acre parcel. He stated Mr. Winchester has no development lans at this time and they were asking for annexation but ere stipulating that the property will not develop until it is rezoned a Planned Commercial Development. If it is a ~RI, they will have to come in as a DRI. Until you have ~evelopment plans you can't say whether you are or not. From that standpoint he thought it could be processed as is. If the State has an issue or a question, they always feel free to come back when it goes through the 90 day review rocess. His concern was that when the term "binding let- er" is used, it is almost like putting a red flag in front 9f the State saying take a look and what do you think. 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Suddenly several months later we don't know. In view of this, they had requested a finding with the stipulation that the 49 acres receive no development approval at this time and it be annexed into the City at the same time as the other smaller parcels. He asked the Commission to recommend to staff that they continue processing the annexation with that stipulation. The second item Mr. Kilday addressed dealt with three small parcels that he had disagreed with staff on. One of these was part of Mr. Winchester's original parcel. The other two were separate ownership entities. All those entities were less than three acres in size and language was brought up in the Plan under Problems and Opportunities which said the Commission should promote intensive commercialization of this area. It should be annexed and be a planned develop- ment. The dilemma Mr. Kilday was in was that the three par- cels were not three acres in size and did not qualify for the Planned Commercial District Ordinance. When he made his submittal he addressed this. Because the word "should" was used and while he would like it to be planned commercial developments (they are in fact submitting site plans showing the development plan for the parcel), they cannot request that zoning district. His feeling was that they did not need a text amendment. This was an issue that he had gone back and forth with staff on. The reason the text amendment issue was critical was because if they needed a text amend- ment, those three small parcels were going to have to go through the same long six month process as the 49 acres. He asked for interpretation from the Commission in terms of the term being "should" that this property could leap ahead without having to wait for a text amendment on the three parcels. Mr. Kilday noted he represented all six of the properties. Technical discussion took place about parcel D wanting to have an oil/lube operation. Mr. Kilday noted they had paid close attention to the topic discussed just previous to this on the Agenda and when the Ordinance was complete, part of the proposal was to allow oil changes which had been caught in that same minimum repair definition. Mr. Kilday didn't have a problem with it being a conditional use for the smaller parcels but he thought there should be permitted Uses for the larger "Sears-type" operations. Remarks were made about parcels A & B. Vice Mayor Olenik stated he would much rather see parcel A developed as one parcel and look at an outparcel there than have it separate. He referred to a problem on Congress Ave. and Hypoluxo Rd. where an outparcel which is a corner chunk of a shopping center property has ended up not being developed because Someone else owned it. He was not sure he wanted to see a 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 service station on the subject corner. Mr. Kilday made other technical remarks about parcels A, B, and C. Mayor Moore asked why the City was having so much trouble with this. He thought the City should be "embracing" this with open arms. Now it appeared it had blown up into an argument between Mr. Cannon and the applicants. The Mayor didn't think stumbling blocks should be thrown in front of these people. The Mayor indicated every time these proper- ties attempt to come into the City, they get involved in red tape at the staff level. The Mayor asked City Manager Miller to get involved to see if we couldn't get these people together so we could move forward on this, within the bounds of reason and law. The Vice Mayor asked what kind of action the applicant was looking for at this time. The Mayor thought they wanted an interpretation by the Commission. The City Manager stated the applicant wanted to get involved in processing the application and also relative to the three sites which are under acreage and the interpretation of the word "should", So these properties could be moved ahead. He thought that Was basically the two areas before the Commission at this ~ime. MOtion Vice Mayor Olenik moved to grant the interpretation that Mr. Kilday was requesting so this could move forward, subject to Mr. Miller's approval. Commissioner Wische seconded the ~otion. Clarification was requested by one of the Commissioners on specifically what the stumbling block was and why they weren't just bringing back applications for annexation. Mr. gilday referred to the three smaller parcels under the Current Plan. The interpretation was that if they were over three acres, they would have submitted them as a Planned Commercial Development District. They are under three acres $o they do not meet the minimum threshhold and were sub- mitted as a C-3 zoning district with specific development plans. Mr. Kilday noted either way it would still have to ~o through the same Public Hearings. They won't formally be oned Planned Commercial Districts. The question was whether Chat section under the City's special policies for different properties of the Plan, when it said "should" or "shall", ~eant every parcel there had to be a PCD. If so, his par- eels couldn't meet the requirements. A vote was called on the motion currently on the floor. The motion carried 5-0. It was mentioned that the rezoning and Annexation will take place simultaneously. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 The Mayor declared a brief recess at 8:20 P.M. The meeting resumed at 8:30 P.M. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90-4 Re: Rezoning - Target Shopping Center Sue Kruse, Deputy Clerk read Proposed Ordinance No. 90-4 on first reading by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD TO C-3 (COMMUNITY COMMERCIAL) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACORDINGL¥; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Olenik moved for the adoption of Proposed Ordinance No. 90-4 on first reading. Commissioner Weiner seconded the motion and a roll call vote was called by Sue Kruse, Deputy Clerk as follows: Commissioner Weiner Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Artis Aye Aye Aye Aye Aye Motion carried 5-0. C. Resolutions: Proposed Resolution No. 90-V Re: Acceptance and ratification of Issue Proposed Utility Bond Mayor Moore stated he didn't find a copy of this in his packet. City Manager Miller responded it would be the Letter of Agreement. Sue Kruse, Deputy Clerk read Proposed Resolution NO.89-V by caption only: 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA MARCH 6, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT BETWEEN SMITH BARNEY AND THE CITY OF BOYNTON BEACH FOR SERVICES RELATING TO THE CITY'S UTILITY BOND ISSUE; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore remarked the City had them "pinned down to 1.5 for everything". Commissioner Wische moved to adopt Resolution No. 90-V. Vice Mayor Olenik seconded the motion which carried 5-0. Conditions at Fire Station No. 1 Mayor Moore requested this topic be taken out of order on the Agenda. The Mayor stated he was appalled at the conditions which ~xist at Fire Station No. 1. He had been given a punch list Of at least 35 to 40 items that are defective. He thought hhe trailer they've been using is deplorable. He thought khe Commission needed to provide assurance that they would ~ind the money somewhere, as soon as possible, to get a com- petent architect to renovate the area so it is livable. ~ne other Commissioners agreed. Remarks were made about ~aving to leave the bunkroom and go outside to get to the Showers/bathroom, an open gas heater in the sleeping area, dangerous doors in the ladies restroom, an ancient rusty ~tove, a double sink that doesn't work properly, uncaulked Windows and a worn-out rug. Commissioner Wische didn't know how the plans were even approved. He noted in the mens' shower room you have to Walk through one shower to get to the next shower. If an ~mployee is washing his hands in the sink and the door Opens, he gets hit in the back by the door. Mayor Moore stated he wanted every one of these extreme ~iolations preserved through professional photography. The Vice Mayor stated that over a year ago he sat down with Mr. DeBeck and the architects and asked them how they could ~it about 36 firefighters in the space designed as the living quarters. When it was drawn out, you couldn't fit ~hem in. He noted the training and medical offices had to Be moved out of the bay area so they could put more sleeping quarters in. When they did that the Vice Mayor noted they ~adn't put the walls in yet and could have easily put in a door in the sleeping quarters that would connect to the ~estrooms on the first floor by the kitchen area. 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 The Vice Mayor found the Fire Station and City Hall to be a frustration. He referred to recent sodding of the front area of City Hall. The entrances to City Hall parking used to be on Boynton Beach Blvd. The sidewalks, sodding and irrigation were complete and there were still two curb cuts that were never repaired on Boynton Beach Blvd. Workers came in with tractors to tear up so they could redo the curb cuts. He thought things should be done properly the first time. ~ommissioner Artis thought before the plans for the new Fire Station were final, the firefighters themselves should look at the plans because they might be able to provide practical input that could save money. There was agreement. City Manager Miller stated the City was currently trying to get the Contractor completed and out of there. Then they Could handle punch list items as some of these were struc- tural. He didn't want to get involved with change orders. The Mayor thought we should start by getting a competent ~rchitect to find out some way to provide doors from the bunkroom into the rest rooms. The Mayor appreciated we were in litigation currently. The Vice Mayor didn't think we could wait until we were done With Seppala & Aho. Mr. Miller referred to getting the gas ~eater out and making a hole through the wall and the fact Ghat he wanted Seppala & Aho to do this. The building is ~till under Seppala & Aho's contract and Mr. Miller didn't think we should have someone else in there doing major work. Mr. Miller asked for permission to go forward on a new Southbend 6-burner gas range at a cost of $1,054. The Mayor instructed the City Manager to get rid of the current icebox &t the same time. Discussion took place about Seppala & Aho using the Fire Dept.'s lounge area as an office. The Mayor and Vice Mayor ~hought Seppala & Aho should be moved out to the trailer. Other remarks were made. ~EGAL D. Other 2- Request approval of payment of legal fees - Morey's Condemnation - (Previously TABLED) Vice Mayor Olenik remarked that he had two matters marked D.2. in his Agenda packet. He asked what memorandum %90-033 ~rom Olivia McLean to the City Manager was all about. It 4ealt with City of Boynton Beach vs. Fras, et al. Some con- fusion existed about this memorandum. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA .MARCH 6, 1990 In connection with the paperwork on the Morey's Condemnation fees, Mr. Miller indicated the bill had been reviewed by Moyle, Flanigan and it was found to be in the City's best interests not to contest the fees. The Vice Mayor stated that wasn't exactly what Moyle, Flanigan had been asked to do. They had been asked to go back and review the merits of continuing with the condem- nation of the Morey's property. The Mayor disagreed. Commissioner Weiner agreed with the Vice Mayor's Understanding and discussion took place about what the Commission had intended to do. Remarks were made by the Mayor about how much it would cost for the attorneys to re- review the case. Mr. Miller suggested this be turned over to the new attor- neys, Josias & Goren. Mr. James Cherof of Josias & Goren Was present in the audience and remarked their firm would like to look at every piece of City litigation and make recommendations to the City. This would be under the general retainer. Vice Mayor Olenik moved that the Commission instruct the new attorneys, Josias & Goren to review the merits of the Morey's condemnation case and bring a recommendation back to the Commission as to whether the City should pursue this or not. This is a condemnatign which would mean it would be ~aken for a public purpose~ Commissioner Weiner seconded The motion. Disagreement ~ook place between the Mayor and Vice Mayor. Mayor Moore thought the City would end up !'eating" this if they went~to Court. A vote was called on ~he motion which was on th~ floor. The motion carried 4-1. Mayor Moore voted against ~he motion. Mayor Moore asked if there ~endation of Moyle, Flanig ~ey fees in this matter. on the table because if ou fight it, he didn't think fees. This aspect was tab Mayor Moore noted there wa before the Court to charge Weaver claims he is entitl was a motion to accept the recom- ~n to pay H. Adams Weaver's attor- ~e Vice Mayor wanted to keep this ~ attorney says we're going to ce would have to pay the legal Led. a Motion currently pending interest on the fee H. Adams ~d to. The Vice Mayor commented the Commission would be able to vote on that at the next Commission meeting. 3. Water Service Agreements within Tropical Terrace Subdivision a) Frank Froegel b) Elma L. Smith Lot 106 Lot 143 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 c) Helen R. Greasamer (for Alice Paykoff, deceased) - Lot 59 d) Nelson Russell - Lot 161 e) Isabel Rivera - Lot 100 Commissioner Weiner moved to approve these Water Service Agreements. Commissioner Artis seconded the motion which carried 5-0. Amendment to Interlocal Agreement - E-911 Funding In Memorandum No. 90-051 to the City Manager from Craig Grabeel, Management Services Director, it was recommended that the City execute this Agreement Amendment with Palm Beach County for the enhancement and maintenance of the E-911 telephone system. Vice Mayor Olenik moved to approve the Amendment. Commissioner Wische seconded the motion which carried 5-0. 5. Consider approval to proceed with request - Grant for Juvenile First Offender Program As outlined in Police Chief Hillery's Memorandum No. 90-017 to the city Manager, it was recommended that the Children's Services Grant continue financing of the Juvenile First Offender Program for another year. Commissioner Weiner moved to approve this request. Vice Mayor Olenik seconded the motion which carried 5-0. 6. Authorization for Children's Services Council After-School Latchkey Recreation Grant As outlined in Memorandum No. 90-102 from Mark Thompson, Superintendent of the Recreation Division to the City Manager, Commission approval was required in connection with the agreement to proceed with the request for proposal pro- cess of the Children's Services Council for fiscal year beginning October 1, 1990. This grant will be for the con- tinuation of the Latchkey Programs at Poinciana and Rolling Green Elementary Schools and includes the expansion of the program by 25 students at Rolling Green Elementary. Commissioner Weiner moved that the Commission authorize this. Commissioner Wische seconded the motion which carried 5-0. 7. Agreement with Stanley Consultants for Value Engineering and Program Management City Manager Miller remarked the bottom line fee for Phase 1' on the value engineering would be $39,600. If we go further 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 into the program management that would be a negotiated fee at that time. The Mayor didn't feel we could move forward on the bond issue unless certain things take place. Mr. Andy Carlino of Stanley Consultants explained program management was typically done during the construction pro- cess. Until such time as we've gone through the VE study, which a financial advisor will sit in on, program management wasn't a number that could be defined at this time. There was a difference between program management and construction management. Mayor Moore stated this had been clear. When the bids went 9ut they were to include bids for performing value engi- neering and program management. Mr. Miller responded that they had. Mayor Moore didn't feel the Commission could make an intelligent decision unless they get a recommendation on value engineering and what the financing aspects are. The question of whether to refund or not still exists. Is this going to be a 60 million dollar project or a 30 million dollar project? Were they going to use the 10 million in the project costs or handle it another way? Mr. Carlino responded they had written in the scope the abi- lity to do all of these things, however, they had only nego- tiated the fee for the value engineering because that was the only fee that was identifiable at this point. Vice Mayor Olenik asked if the financing would be included in the value engineering. Mr. Carlino answered there was a finance consultant included in the value engineering, however, if the Commission had a specific request to look at the bond consultant's recommendation, that would be an addi- tional service. The Mayor responded one is not any good without the other. He thought we were being put in a corner and making the bid on something when we didn't have the entire picture. If this was not the entire picture, the Mayor asked what it would cost. He thought it might take some time to figure this out. Mr. Carlino responded he didn't know what it would cost as he didn't know exactly what the City would ask of Stanley regarding the financial consultation and also as construc- tion manager of the program management. Mr. Carlino com- mented a bond person would sit through the value engineering workshop process. This was plugged in and specific to the scope. This was so the person would have a clear understanding of the project's history as well as its design Criteria. If the City asked him for additional advice, that Would be a negotiated figure. Mayor Moore thought this was double talk. The Mayor repeated one wasn't any good without the other and he ela- borated. Discussion ensued. Mr. Miller didn't want to hold 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 up on the value engineering aspect and remarks were made about the time schedule. The Mayor didn't feel this was what the Commission had asked for. Mr. Carlino stated the desire was to get the VE study started because they would physically start the process on Monday, March 12, 1990. The bond person is part of that process and is part of the VE fee. The financial review will be two phase and Mr. Carlino explained. The Mayor thought a competent professional should sit in on ~he workshops and tell the City whether to refund or not, whether to go 30 million instead of 60 million, etc. Mr. garlino didn't have any problem with that. He repeated they mad not had time to define the language of the scope of that ~eview which is two part, technical and financial. Mr. Carlino stated the bond advisor was part of both steps. The Vice Mayor stressed that when the Commission gets the ~inal presentation back from Stanley they need the bond and financing recommendations at the same time. Mr. Carlino ~tated that was no problem. Mr. Carlino indicated the VE workshops were scheduled to start on about March 26, 1990, assuming that work starts on Monday, March 12, 1990. Stanley's report would be to staff on March 30, 1990. They would commit to this assuming they could quickly put %anguage together and they would also have the financial review the same day. Vice Mayor Olenik moved that the Commission approve this piecemeal, knowing this did not include the financial ~eport. The Commission wanted the financial report to come through simultaneously. Commissioner Wische seconded the motion which carried 5-0. Mr. Carlino indicated he would Commit to this. 8- Ratify Police Sergeant's Contract City Manager Miller explained this would provide for a two year Contract beginning October 1, 1989. It would provide ~or a 3% wage increase across the board from October 1, 1989 ~o September 30, 1990. There would be a 3% wage adjustment October 1, 1990 and an additional wage adjustment April 1, 1991. Mr. Miller noted this was the same economic package executed by agreement between the Police Officers and the City and the Firefighters and the City. ~r. Miller noted Article 44, regarding Chemical Testing, was ko be excluded as there were some areas that needed to be ~edefined. This was still an open bargaining issue. 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Vice Mayor Olenik moved to accept the Police Sergeant's Contract as recommended by the City Manager. Commissioner Wische seconded the motion which carried 5-0. OLD BUSINESS A. Policy for funding requests from service organizations and agencies 1. Consider approval of request for funds - Kiwanis Club - Fishing Tournament - (Previously TABLED) Commissioner Weiner noted there was only $1,000 in the account involved. She thought the Kiwanis Club does an exceptional amount of work for the City's citizens. She asked if it was possible to somehow supplement the $1,000 for this particular request. Remarks were made about establishing a policy relative to community funding requests. Vice Mayor Olenik thought the precedent had already been established and he referred to the City contributing toward the high school bands, the Eaglettes and Project Graduation. He thought perhaps these projects should be funded by the School Board. Reference was made to other projects that survive only on contribu- tions from the community, membership dues and fund raising events. The Vice Mayor thought the policy this year seemed to be whoever comes in first gets money until the funds are exhausted. The Vice Mayor noted $5,700 was still left in the high ~chool contribution fund. The Mayor thought that money was ear-marked. The Vice Mayor stated that other than $500, no one had requested that money. A representative from the Kiwanis Club reminded the Commission that when money goes to his organization, many more dollars come right back to the City. They were asking for assistance in funding the fishing tournament and he noted his organization spends all its dollars in Boynton Beach. Commissioner Weiner thought the Commission should do the best it could until they cannot do any more and then as we go into the new fiscal year a firm policy could be imple- mented. She didn't see how a new policy could be imple- mented in the middle of a year. She referred to requests on the part of various organizations for funds and sometimes felt like the member of a charitable trust. She didn't think the City should be used in that manner. At this time, however, Commissioner Weiner moved to give the Kiwanis Club the $1,000 left in the community promotion 27 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 account and $1,000 out of the school funding as well. Commissioner Wische seconded the motion which carried 4-1. Mayor Moore voted against the motion as he felt a dangerous precedent was being established. B. Proposed Program for Citywide Melaleuca Tree Removal As outlined in Charles Frederick, Director of Recreation & Parks memorandum ~90-097 to City Manager Miller, Melaleuca trees will be removed from City properties. A notification program will take place encouraging the public to remove Melaleuca trees on private property with the City picking up the remains. C. Newsletter City Manager Miller explained the monthly cost to produce the Newsletter is approximately $5,000. If it were produced every other month the cost would be $30,000 per year. If it were produced quarterly, the cost would be $20,000 per year. Mr. Miller provided the Commission with a copy of "The Oakleaf" which is a City Newsletter produced by the City of Oakland Park. This was used as an example of producing a Newsletter of a more informational nature. The contents were reviewed. Commissioner Weiner didn't want to reduce the production of the Newsletter and thought it should continue to be produced monthly. The Commissioners approved of the City Manager's recommendation as far as content was concerned. Discussion took place regarding the frequency of production and cost. Commissioner Wische moved that the Newsletter be produced quarterly along the guidelines Mr. Miller had recommended. Mayor Moore passed the gavel and seconded the motion. Vice Mayor Olenik expressed concern that if the Newsletter is produced quarterly, the residents would lose out on current news-related items. The Vice Mayor asked the maker of the motion if he would amend the motion to producing the Newsletter on a bi-monthly basis. Commissioner Wische declined to amend his motion. Other remarks were made. Vice Mayor Olenik called for a vote on the motion. The motion carried 3-2. Vice Mayor Olenik and Commissioner Weiner voted against the motion. The gavel was returned to Mayor Moore. NEW BUSINESS A. Items Requested by Mayor Gene Moore 1. 8 Acre Tract - SE Corner of Lawrence Rd. & Hypoluxo Rd. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Mayor Moore explained this property is located outside the City. When Lawrence Rd. and Hypoluxo Rd. are widened it will be reduced to less than six acres. Although the County thought the property should be commercial, in deference to the City's Planning Dept. the County had zoned this property low density residential which takes away the owner, Mark Brandon's right to utilize the property. The Mayor thought there was a question of individual hardship in this case. He felt there was a serious legal question as to the City's ability to stretch out into areas when they may or may not be within the annexation area and trying to control the zoning before the property is annexed. Tim Cannon, Interim Planning Director stated in order to develop the property, the owner would have to tie onto the City's water system, signing a Water Service Agreement. This means he will have to annex. The Mayor stated he didn't believe the only way the property ~wner could find relief would be by coming into the City. The Mayor thought the Planning Dept.'s policy was established by Mr. Annunziato and was unfair. Mr. Cannon remarked the Water Service Agreement states it is an annexa- tion application. Discussion ensued. ~ommissioner Wische moved to give this property owner relief on the 8 acre tract. This would be by notifying the County Planning Dept., as the City no longer interposes any objec- tion to the County zoning it as they see fit. Commissioner Artis seconded the motion. mr. Cannon repeated there would be a problem with the clause %n the Water Service Agreement Contract. The Mayor Fesponded the person wasn't asking for water service and to wait until he does. Mr. Cannon stated in order to get zoning from urban use in the County the man would have to be Connected to a municipal or central water service system. ~ayor Moore responded that would be the property owner~ problem. Discussion took place on whether the property Owner wants to annex or not. Mr. Cannon noted that applying for annexation was the only way the man could get water ser- Vice from the City. Vice Mayor Olenik stated in the future, when the owner Wishes to develop this property, he would have to come back $o the City for a Water Service Agreement. At that point he Would have to apply for annexation, if he is contiguous. The Vice Mayor asked if the City feels a commercial use on ~his corner is not appropriate. Mr. Cannon responded that was the way the City and County had adopted their Land Use Plans. Mr. Miller thought it would be impractical for the ~operty to be anything other than commercial. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Mr. Cannon asked the Commission to clarify what their annexation policy was going to be relative to water service. Vice Mayor Olenik remarked that when the owner applies for water, the covenants of the agreement would win out and he would have to annex into the City. The Mayor added he should probably be zoned commercial by the County and not low density residential. Mr. Cannon stated up until this point the Commission's poliey has been that they wanted to have land use and zoning control for properties contiguous to the City. There was agreement that the property should be zoned commercial. The Mayor called for a vote on the motion to grant relief to the property owner and to contact the County indicating the City no longer interposed objection to it being zoned as the County saw fit. The City felt it should be commercial. The vote was 4-1. Commissioner Weiner voted against the motion. ~aurice Rosenstock, 1 Villa Lane, Boynton Beach referred to increasing the boundaries of the City and increasing the tax base. Discussion took place relative to providing water to ~he property at a later date and annexation. 2- Set meeting date to accept election results On Wednesday, March 14, 1990 at 5:00 P.M. the Commission Will meet to accept the election results. If a runoff elec- tion is required, a second special meeting would have to be Set. City Manager Miller was asked to send out the notice On this. 3. 1990 Fourth of July Program ~ayor Moore thought there should be a combined effort bet- Ween the Cities affected in order to save money. Several ~lternatives had been set forth in Charles Frederick, Director of Recreation & Parks' memorandum $90-100 to the ~ity Manager. The Mayor thought the other Cities should be Contacted (as in recommendation "A" of the memo), to deter- mine if they wish to cooperate. Comments were made about possibly getting a barge for $1,000. The next time this topic comes up, the Vice Mayor was interested in obtaining information on how many people attend the daytime segment of the festivities, as con- sideration should be given on whether or not to continue the daytime program. 4. Boynton Beach City Commission Mission Statement Mayor Moore had put together a Mission Statement for con- ~ideration and input by the Commission. 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Commissioner Weiner referred to a newspaper report which referred to Mayor Moore's home telephone answering machine message which Commissioner Weiner felt made fun of the fact Ghat she wears a hearing aid. Commissioner Weiner didn't appreciate her physical handicap being made fun of. She didn't believe the Mayor's remark that someone had placed ~he tape in his home machine without his knowledge. Commissioner Weiner was in favor of the Mission Statement ~ut objected to what she called the Mayor's "contemptuous attitude" toward his fellow Commissioners, the public and %he Palm Beach County Commission. She thought the Mayor's attitude was outrageous and she elaborated on incidents that had taken place. Commissioner Weiner didn't think the Mayor was fit to hold the job that he has. In regard to the Mission Statement, Vice Mayor Olenik thought something needed to be added regarding the quality Of service provided the citizens. He didn't want a Mission Statement if the Commission wasn't going to live by it. In connection with the incident involving the answering machine, the Vice Mayor thought whether it was done inten- tionally or was done by someone else, he felt it was inex- Cusable. He thought respect should be shown at all times to fellow Commissioners. The Commission chose to TABLE the Mission Statement for the time being. Commissioner Weiner requested an apology from ~he Mayor. Mayor Moore apologized for someone accessing his phone and remarks were exchanged. B. Items Requested by Commissioner Arline Weiner 1. Task Force on Children and Youth Commissioner Weiner explained the research she had been involved in relative to establishing the Task Force. A ~etailed list of suggested goals and objectives had been put together. She asked the Commission to review the material and provide input so organization can begin. Commissioner ~einer thought this Task Force would add another dimension to the ability of the City to take care of all of its citi- zens. The Commissioners expressed support for this worthwhile pro- ~ect. Commissioner Weiner asked that interested persons ill out talent bank forms to volunteer to serve on this ask Force. She hoped to be able to report back to the Commission on progress during the first week in April. ~ITYMANAGER'S REPORT A. Presentation of Certificate of Achievement for Excellence in Financial Reporting 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 City Manager Miller presented Grady Swann, Director of Finance with the Certificate of Achievement for Excellence in Financial Reporting for fiscal year ended September 30, 1989. Mr. Miller noted this is the highest award any muni- cipality can receive in financial reporting. This is the tenth year the City of Boynton Beach has received this award. ADMINISTRATIVE Consider replacement to fill alternate position on the Board of Adjustment - Term expires 4/91 - Appointment to be made by Commissioner Lee Wische Commissioner Wische nominated Herb Fox to this alternate position. Mr. Fox felt more qualified to serve on this Board as opposed to the Building Board of Adjustment & Appeals, from which he will resign. B. Consider clarification of Commission's request to approve future change orders - (Previously TABLED) The Commission chose to leave this topic on the table. Accept resignation from Nelson List, alternate member, Golf Course Advisory Committee Vice Mayor Olenik moved to accept the resignation of Nelson List. The motion was seconded by Commissioner Wische and Carried 5-0. Consider replacement to fill vacant City alternate posi- tion on the Golf Course Advisory Committee - Term expires 4/90 - Appointment to be made by Commissioner Arline Weiner Commissioner Weiner nominated Ralph G. De Rosa to the alter- nate position on the Golf Course Advisory Committee. D. Engineering Construction Inspection Services for west Water Plant Construction Project City Manager Miller explained the City had a proposal from CH2M Hill relative to their participation in the value engi- heering process. They need to be involved in this process. The Mayor asked if the City was going to pay them to get involved in their work being evaluated. Mr. Miller responded the task orders for the City do not include their participation in the 40 hour work week. Vice Mayor Olenik noted the City was paying Stanley Consultants to do value engineering. If they felt they 32 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 needed to work with CH2M Hill to get the required infor- mation, he thought perhaps Stanley should be paying CH2M ~ill for the 40 hours of work. The value engineering is supposed to cost the City $39,000. If there are add-on items, the cost would go up. Mr. Miller indicated they want to be paid for the 40 hour work week for the value engi- neering study and this would be included in their scope of services. The Mayor noted Stanley Consultants would be overseeing CH2M Bill's work and he didn't want it to get too "cozy". Mr. John Curtis of CH2M Hill offered technical comments on ~he working relationship between Stanley Consultants and CH2M Hill and explained about the amount of work that needs ~o take place. Mr. Curtis noted the City would make deci- sions on policy issues, however, the engineers would have to address the technical issues. Discussion ensued about what is involved in the value engineering process. Mr. Miller indicated information gathering and a presentation by the design engineer is the first part of the process. The City Manager stated we were talking about $17,680. The Mayor thought these charges would have been in Stanley Consultants' bid. Mr. Andy Carlino of Stanley Consultants ~esponded he could not bid CH2M Hill's services. CH2M Hill makes a presentation at the beginning of the VE study and reviews the recommendations of the VE team, but the selec- %ion of the recommendations is made by staff and the City Commission. Mr. Carlino stated there is no "coziness" involved. CH2M Hill has an opportunity, however, to see what Stanley Consultants is recommending and either to ~hallenge or accept those recommendations. Mayor Moore asked about charges for the bond counsel to pro- vide input. Mr. Carlino and Mr. Miller remarked it would be substantially less than $17,000. The Mayor asked why this Stem was on the Agenda and whether this was the value engi- neering. Mr. Miller responded it was not. The design had been done by CH2M Hill. The City was going to be involved in value engineering. The proposals developed through this process would reduce the scope and magnitude of the project. The dollars would be dependent upon how involved the VE Study comes in at. Mayor Moore thought picking someone to do the project inspection end of it was premature. Mr. Miller responded if you go with the project inspection, you have to go out under the CCNA. Mr. Miller had brought this UP to get the Commission thinking which way they would want to go, whether they wanted to stay with CH2M Hill relative ~o their inspection construction services or whether they wanted to go out and secure other proposals from other con- sulting engineers to do this phase of the work. Vice Mayor 33 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 Olenik didn't think the Commission could make that deter- mination until they saw the VE. It was agreed the City will need the VE before we start talking about getting the pro- ject inspected. This item was tabled. E. Concur with City Manager selection for position of Assistant City Manager Out of a list of five finalists for the position of Assistant City Manager, Mr. Miller had selected Carrie Parker for the position. Her annual salary will be $55,000. Commissioner Weiner moved to concur with this recommen- dation, in accordance with the memorandum and Contract attached. Commissioner Wische seconded the motion which carried 5-0. Ms. Parker will join the City in a month. Mr. Miller stated his office will now consist of himself, Assistant City Manager and two Assistants to the City Managers, one of these being the Ombudsman. an F. Consider approval of Task Order 10E - CH2M Hill Services During Construction - Existing Water Plant Mayor Moore remarked he thought the City was going to try and get away from setting arbitrary percentages. Mr. Miller responded this was negotiated and amounted to $255,000. Commissioner weiner moved to accept the recommendations and pay the engineers $255,000. Vice Mayor Olenik seconded the motion which carried 4-1. Mayor Moore voted against the motion. G. Contract documents for construction and public improve- ment projects As outlined in City Manager Miller's Agenda Memorandum No. 90-081, he felt there was a need to put in place a standar- dized set of contract documents including instructions to bidders, contracts and general conditions to be utilized for all construction and public improvement projects. Mr. Miller noted that an attorney from Josias & Goren had helped develop these forms. Mr. Miller wanted to throw the stan- dard AIA contracts out. There was agreement this change would keep the City out of a lot of problems. Confirmation of City Clerk Position City Manager Miller nominated Sue Kruse for the position of City Clerk and requested Commission confirmation. Vice Mayor Olenik moved to confirm this recommendation. Commissioner Weiner seconded the motion which carried 5-0. Mrs. Kruse was congratulated. 34 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1990 ADJOURNMENT The meeting properly adjourned at 9:50 P~M~ i Mayor · Vfce M ~ ~ Commi s s i on er /~i%y cler~ Recording Secretary (Four Tapes) Commissioner Co~9~issioner 35 I. OPENINGS E.2 March 1, 1990 Mayor Gene Moore and City Commissioners 100 East Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 JOSEPH P METZGER NANCY PHILUPS MAXWELL FRANCIS B. GEARY. JR. Re= Request of Commissioner Arline Weiner to Rescind Censure Dear Mayor and Commissioners: On behalf of Commissioner Arline Weiner, I hereby submit'her request that the Commission rescind its censure of Commissioner Weiner taken at the September 19, 1989, and October 3, 1989, meetings of the City Commission. Copies of said minutes are enclosed for your reference as Attachments 1 and 2 respectively. The following addresses the items discussed prior to the censure of Commissioner Weiner, together with copies of public records which are attached to better clarify the facts surrounding such issues. At the September 19, 1989, meeting of the City Commission, a censure of Commissioner Weiner passed by a 3-2 vote. While there was no indication as to the exact reason behind the censure, the following items were discussed: me That Commissioner Weiner violated Commission procedure by writing the Attorney General and requesting a legal opinion. That Commissioner Weiner used City stationery to write elected officials who shared her position concerning the abortion issue. Mayor Moore and City Commissioners March 1, 1990 Page two e That Commissioner Weiner had improperly used a member of the City's staff in connection with the Children's Task Force. e That Commissioner Weiner was inappropriately provided a Time Management System Briefcase 5. The Bernard Rubin/internal auditor matter ATTORNEY GENERAL OPINION On August 30, 1989, Commissioner Weiner wrote Attorney General Butterworth (Attachment 3) requesting the Attorney General to render an opinion as to whether or not two proposed ordinances would be subject to a referendum according to Chapter 166, Florida Statutes. The letter clearly reflects that it was a request from an individual commissioner, and in fact a copy of such letter was provided to each commissioner and the interested staff. Section 16,01(3), Florida Statutes, (Attachment 4) sets forth that the Attorney General shall provide his legal opinioh to certain elected officials and ~I give his opinions to other elected officials, which include elected municipal officials. On September 18, 1989, 'the Attorney General responded to Commissioner Weiner (Attachment 5) indicating that it was his established policy to render such opinions only when a majority of a local commission was seeking the opinion. There was nothing illegal or improper about Commissioner Weiner's request, rather only that the Attorney General within his permissive statutory authority to render opinions,has elected not to render his opinion to an individual commissioner. The issue of whether Commissioner Weiner violated any commission policy by requesting the Attorney General's opinion has been answered by the City Attorney in his letter of October 31, 1989 (Attachment 6). The City Attorney was requested to advise if the City had any written policies and/or procedures relating to the requesting of an opinion from the Attorney General. He further was requested as towhether a ~erbal policy on the same subject matter existed. To both, the City Attorney replied that no such policies exist. Mayor Moore and City Commissioners March 1, 1990 Page three USE O__FCITY'STATIONERY~ On July 31, 1989, Commissioner Weiner wrote letters to Representatives Liberti, Press, and Frankel and to Senator Weinstock (Attachments 7-10) expressing her support of their position concerning the special legislative session called to address the abortion issue. Commissioner Weiner in no way expressed that her letter was representative of the entire City Commission and clearly set forth that the letter expressed her personal opinion only. Copies of her letters were provided .all City Commissioners. As indicated by the City Attorney's letter of October 31, 1989, (Attachment 6) there is no existing policy and/or procedure prohibiting a City Commissioner £rom .using City stationery to write another elected official. In fact, there is no existing written POlicy and/or procedure that deals with the use of City stationery. Further, there is no written policy and/or procedure which prohibits a City Commissioner from expressing his or her own personal opinion to another elected official on any issue. CHILDREN'S TASK FORCE Prior to becoming a City Commissioner, Commissioner Weiner served on Boynton's Community ~L-2-._~ ~__d~ ---Sh~ h%s been g~eatly interested in the needs of children and feels that the City has a need for a permanent advisory board on children, which could deal with the wide range of children's needs. Publi~ Information Officer, Laura Widmer, had been authorized by City Manager Cheney to work with Commissioner Weiner on her Children's Task Force~ project, and Acting City Manager Hunt continued that authorization by his response to Ms. Widmer's September 7, 1989, memorandum (Attachment 11). Mr. Hunt, after the censure of Commissioner Weiner and at the conclusion of the September 19, 1989, meeting, clearly advised the Commission that Ms. Widmer had been authorized by him to aocompany Commissioner Weiner on a business trip involving the Children's Task Force, and that Ms. Widmer had accompanied other Commissioners in the past on City related issues (Attachment 12). Mayor Moore and City Commissioners March 1, 1990 Page four TIME MANAGEMENT'SYSTEM BRIEFCASE Following the censure of Commissioner Weiner and at the conclusion of the September 19, 1989, meeting, Interim City Manager Hunt indicated that a number of members of the staff used the Time Management System Briefcases, but that some had been turned in and were available for reassignment. They had been offered to certain key staff members and Commissioners, and Commissioner Weiner had recently received one that had been turned in (Attachment 12). Additionally, Mr. Hunt on September 25, 1989, again wrote a memorandum (Attachment 13) offering the Time Text program to the Commissioners. BERNARD RUBIN/INTERNAL AUDITOR MATTER A great deal of misunderstanding arose concerning the appointment of an internal auditor which ultimately was filled by the appointment of Bernard Rubin. The misunderstanding resulted in Mr2 Rubin filing a defamation action against Commissioner Weiner. Commissioner Weiner at no time directed negative comments at Mr. Rubin but rather was concerned that a person in such a position without proper controls being established could present a serious problem. The matter between Mr. Rubin and Commissioner Weiner has been resolved without the payment of any compensation (Attachment 14) and with the parties exchanging letters meant to clarify their misunderstanding (Attachment 15 and 16). The parties have resolved the unfortunate misunderstanding, and Mr. Rubin has requested a removal of the censure. CONCLUSION It is respectfully submitted that upon review of the information provided herein that any misapprehensions or misunderstandings that ~xisted at the time of the censure have been clarified. Certainly, a thorough review of the facts, absent the pressures and time constraints which existed at the Commission meeting, Mayor Moore and Commissioners March 1, 1990 Page five reveals~that there should be no further censure of Commissioner Weiner and that the censure actions previously taken against Commissioner Weiner should be rescinded. Sincer ely, R. William Rutter, RWR~clc Enclosures CH2M HILL inv#0!-442 inv%01-461 282.97 T.O. 2B Comp. Planning $i2153.93 T.O. 13 Desing and Construction of the deep injection well disposal system for reject waters from the west W.T.P. inv~01-468 Inv#0i-469 inv#0i-470 Inv%0i-478 Inv#O!-480 $ 3726.98 T.O. I1 Data Acauisition_ and Control sy~uem.' ~ $ 5119.37 T.O. 8C Improvements. $ 8025.57 T.O. 10C improvements. West W.T.P. East W.T.P. $ 4119.33 T.O. 8 West W.T.P. Conceptual Design and additional work in support of final design. $ o2_4~30 T.O. 14 Feasibility Investigation and Conceptual design of an aquifer storage recovery facility. inv#01-488 $15288.35 T~O. 8B Design. West W.T.P. Total $54~960.80 Above Invoices for the Period of 11/25/89 thru 12/24/89 , N 6 10. COMMISSION AGENDA March 6, 1990 APPROVAL ALLEN INSURANCE COMPANY $ Premium for renewal Cormm/nications Tower liability for period 2/8/90 thru 2/8/91 - $1325.00. Premium for renewal Police & Fire A D & D policy for period 1/18/90 thru 1/18/91 - $5488.00. Pay from Self Insurer's Fund 6,813.00 ALLIED LIME COMPANY Pebble Quicklime-Hi Calcium for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-365-00 18,676.08 ATEC ASSOCIATES, INC. Asbestos Survey Project - 30 Bulk samples @ $25.00 each and 8 hours Survey Time and Report Time @ $30.00 per hr. & review by licensed Asbestos Consultant for $100.00 for Parks & Rec- reation. Pay from Public Service Tax Fund---301-721-5-460-19 1,090.00 CH2M HILL Professional services for various task orders--see attached. Pay from Utility Capital Improve.---404-000-0-690-10 54,819.32 " " " " " 404-000-0-691-10 141.48 54,960.80 DAMSEL & GELSTON, P.A. Professional fees regarding Jacob Goldman vs. City of Boynton. Pay from Miscellaneous Trust Fund---691-000-1-691-20 2,641.13 DAVIS WATER & WASTE INDUSTRIES, INC. Odor Control System Scrubber rental for 6 Lift Stations. Pay from Water & Sewer Rev---401-352-5-499-00 4,500.00 EASTMAN KODAK COMPANY January 1990 minimum billing and December 1989 billing for Model 70 Copier. Pay from various departments. 1,407.81 FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION 1,000.00 Permit application fee - East Water Treatment Plant improvements. Pay from Utility Capital Improve.---404-000-0-690-10 GERAGHTY & MILLER Professional services - Salt Water Intrusion Modeling for period ending 12/30/89 - $1200.00 and Western Wellfield new well construction for period ending 12/30/89 - $9290.63 Pay from Utility Capital Improve.---404-000-0-690-10 10,490.63 GREEN, EISENBERG & COHEN Legal services 1/5/90 thru 2/10/90 - Southern Entertainment vs. City of Boynton. Pay from General Fund---001-141-5-461-00 2,109.41 11. 12. 13. 14. COMMISSION ]990 WALTER ~. KELLER, INC. APPROVAL Professional services regarding Traffic Impact Review Bo,ynton Nurseries PUD - Inv. 1096 - $1050.00 a~d Traffic ~'mpact Review of American Shopping Center - Inv. 1095 - $1050.00. Pay from General Fund---001-151-5-462-00 LOGIN INFORMATION SERVICES LOGIN service from 1/15/90 thru 1/15/91. Pay from General Fund---001~121-5-470-07 MDH GRAPHIC SERVICES Printing of March Newsletter Pay from General Fund---001-194-5-472-00 3M TRAFFIC CONTROL MATERIALS DIVISION 6 rolls Barr Damage Resist for aerial water main & force main crossings. Pay from Water & Sewer Rev---401-351-5-390-06 15. MAJOR APPLIANCES, INC. Ice Machine for Public Works. Pay from Sanitation Fund---431-341-5-642-00---$1707.16 Pay from Water & Sewer Rev-401-352-5-642-00--~ 1707.16 State Contract #740-650-89-1, Co~nission approved 12/19/89 16. MARTIN'S LAMAR 85 work shirts, 111 work trousers, 25 supervisor uants and 10 jumpsuits for Warehouse/Cos. Pay from Warehouse Fund---502-000-0-410-30 Co-op Joint bid, Con~nission approved 9/5/89 17. MEYER'S TURF, INC. 40,000 ft. Bahia Sod delivered and installed at Forest Park Elementary School to repair damaged area caused by heavy equipment used to drill wells 12, 13 and 14. Pay from Utility Capital Improve.---404a000-0-690-10 Palm Beach County Bid #90-002/DJF 19. 20 .¸ MOORE BUSINESS FORMS 200M Utility Bills and 10M Building Permits. Pay from General Fund---001-241-5-312-00 - $1706.26 " " Water & Sewer--401-393-5-472-00 - 2309.45 Printing Quote, Commission approved 1/2/90 MORGAN, LEWIS & BOCKIUS Legal Services month of December, 1989 regarding PBA, IBF&O and GENERAL LABOR matters. Pay from General Fund---001-141-5-468-14 MOTOROLA, INC. 1 Motorola Smartnet Portable Radio, 1 Hi-Capacity NJ-Cad Battery and i Public Safety Sprk/Mic/Ant for Police Dept. Pay from General Fund---001-231-5-690-05 2,100.00 3,215.00 1,107.00 1,522.80 3,414.32 3,570.55 6,000.00 4,015.71 6,950.87 2,315.45 21. 22. 23. 24. 25. COMMISSION PALM BEACH NEWSPAPERS, INC. Display ads run for Firefighter December/January. Pay from General Fund---001-135-5-470-16 MAR 6 ~90 APPROVAL 1,263.78 PEROXIDATION SYSTEMS, INC. Hydrogen Peroxide deliveries for odor and corrosion control program at Lift Stations. Pay from Water & Sewer Rev---401-352-5-365-00 PITMAN PHOTO SUPPLY Materials needed for crime investigation - various size rolls of kodak and polaroid film. Pay from General Fund---001-211-5-380-01 SLAWSON, BURMAN & CRITTON Professional services rendered regarding Seppala & Aho from 1/18/90 thru 1/31/90 - $1410.70 and Tradewinds from 1/16/90 thru 1/28/90 - $1989.27. Pay from General Fund---001-141-5-461-00 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Use of County Landfill for month of January, Pay from Sanitation Fund---431-341-5-490-01 1990. 40,873.95 26. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD User charges for month of January, 1990. Pay from Water & Sewer Rev---401-353-5-490-09 27. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOAiIH Inv. 89/90 336 $ 2118.46 - Aeration tank covers, effluent pump & electrical building. 4,154.78 28. 3,399.97 30.¸ 225,007.66 Inv. 89/90 326 Inv. 89/90 335 Inv. 89/90 331 Inv. 89/90 333 Inv. 89/90 329 Inv. 89/90 324 31. 2683.40 - General Consulting Services 9457.92 - Capital assets for fiscal yr.9/30/89 10769.50 - Master Plan 4070.25 - NOAA(Nat'l. Oceanic& Atmospheric Admn. Study). 61296.63 - Aeration Tank covers, effluent pump & electrical building. 4359.68 - Aeration tank covers, effluent pump & electrical building. 148,677.07 94,755.84 UNIVERSITY MICROFILMS INC. Microfiche renewal subscriptions for Library. Pay from General Fund---001-711-5-661-00 2,643.74 CAMEO SOFTWARE SOLUTIONS, INC. Annual Software maintenance fee from 3/1/90 thru 2/28/91. Pay from General Fund---001-000-1-451-42 5,700.00 JONES CHEMICALS INC. Chlorine for Water Treatment. Pay from Water & Sewer Rev---401-332-5-363-00 3,722.00 SMITHKLINE BIO-SCIENCE LABORATORIES, LTD. Drug screening for Fire Department personnel. Pay from General Fund-~-001-135-5-460-01 3,987.50 These bills have been approved and verified by the department heads involved, checked and approved for payment. I therefore recommend payment of these bills. J.~ott Miller, City Manager / COMMISSION APPROVAL FoRM 8B MEMORANDUM OF VOTING CONFLICT FOR . COUNTY, MUNICIPAL, AND OTHEi LOCAL PUBLIC OFFICEI S LA-esT NAME--FIRST NAME--MIDDLE NAME Olenik, Jr., Robert ~ING ADDRESS 29-D Crossings Circle COUNTY Boynton Beach, 3/6/90 Palm Beach NAME OF BOARD, COUNCIL, COMM[SSION. AUTHORITY, OR COMMI~q'EE City Commission THE BOARD, COUNCIL. COMMISSION, ,AUTHORITY, OR COMMITTEE ON WHICH ! SERVE IS A UNIT OF: X crIY ! ~ COUNTY ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Bovnto~ Bescb MY POSITION I$: ~ 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 Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3'143, 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 conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining fi'om voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government 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 DEClSION PRIOR TO THE MEETING )%T WHICH 'F-~E VOTE WILL BE TAKEN: s u should complete and file this form (before making any attempt to influence the decision) with the person responsible for '~¢cording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form should be provided immediately to tile other members of the agency: "The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:, · You should disclose orally the nature of your conflict in the measure before participatiug. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the m~ of the meeting· who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Robert Olenik, Jr. , hereby disclose that on M~r~h 6 (a) A measure came or will come before my agency which (check one) inured to my specia! 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: ,19 qC) : · by whom Yam retained. A payment made to Motorola, Inc., my employer, was included for approval in CONSENT AGENDA, Item ~---- ~0 Although I have no direct renumeration from the payment to Motorola, this item is now being placed as public record to ensure no conflict of voting occurred. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §I12.317'(1985), A FAILURE TO MAKE ANY REQUII~ED 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.