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Minutes 06-05-90MINUTES OF REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 5, 1990 AT 6:00 P. M. PRESENT Gene Moore, Mayor Lee Wische, Vice Mayor Lillian Artis, Commissioner Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner J. Scott Miller, City Manager Sue Kruse, City Clerk James Cherof, City Attorney Mayor Moore called the meeting to order at 6:00 P.M. Following a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Artis' grandsons. two AGENDA APPROVAL ~nder "NEW BUSINESS, C. 2., 3. and 4." Commissioner Olenik ad~ed "Discussion of the City Hosting the June Municipal League Meeting," "Discussion on the CRA-Commercial" and I'1993 - Hosting of the Firefighter Olympics for the State of Florida." At the beginning of "Announcements" he wished to Add "Presentation by Fire Dept. to City Commission." Under "NEW BUSINESS, D. 1." Vice Mayor Wische added "Adult Entertainment License." Under "LEGAL, D. 4." he added !'Chambers Ceiling Leak." Commissioner Weiner requested the deletion of "NEW BUSINESS, B- 1." as new information was not available on the Boynton Beach Community Life Center. Under "CITY MANAGER'S REPORT" Commissioner Artis requested an update on the Recycling Program. Under "NEW BUSINESS, A. 7." Mayor Moore added "Discussion on Certain Recent Actions of Commissioner Olenik." Under "ADMINISTRATIVE, L." City Manager Miller added "Sign ~ariance for Cobb Theatres." In connection with "ADMINISTRATIVE, J.," Appropriation of One million dollar insurance payment to the City," City Attorney Cherof indicated t~is would involve passage of a Resolution. commissioner weiner moved to adopt the amended Agenda. Vice Mayor Wische seconded the motion which carried 5-0. - 1 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Presentation - Boynton Beach Firefighter Olympic Team Commissioner Olenik announced the City's Firefighter Olympic Team had participated in the sporting event held in St. Petersburg, Florida and had competed against other Fire Depts. throughout the State. At the finals, the City's team for the second year in a row finished number one in the State in its classification. Five gold medals, nine silver medals and two bronze medals were won. Bob Borden of the Tire Dept. presented three trophies to the Commission. Several firefighters that participated were present to ~eceive congratulations. 1. Proclamation - National Safe Boating Week June 3rd to June 9th The Proclamation will be parties. signed and sent to the appropriate Presentation of Certificates to participants in Melaleuca Tree Program 4ayor Moore presented Certificates of Appreciation to seven ~itizens who had been actively involved in the program to ~liminate Melaleuca trees within the City's borders. Presentation of Certificates to Library Supporters ~ertificates of Appreciation were presented to five citizens ~hat had helped achieve the relocation of the proposed ~ounty Public Library site from Boynton Beach Blvd. to Jog ~oad. Certificate of Appreciation - Director of Risk Management Certificate of Appreciation was presented to Olivia 4cLean, Director of Risk Management for her role in .ssisting the City to recover a $1,000,000 insurance payment in connection with the Tradewinds litigation. Presentation by Chief Edward Hillery - Crime Statistics - 1989 lhief Hillery used several charts to explain how 1989 crime ~tatistics compared with 1987. Statistics for 1988 had not )een provided by the State. Part one crimes, such as ~urder, rape, robbery and aggravated assault in our City ~ere compared with other cities. Boynton Beach did better In 1989 than some other cities in these areas. Burglaries in our City dropped from 1,257 to 1,037. It was noted there are ~wo homicide cases currently open. map of the City was viewed which had been broken down into ~ine zones. A co-relation was drawn between violent crimes, - 2 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 drug activity in certain areas and assaults on officers. It was noted that 77% of the drug activity in the City occurs in the area from Boynton Beach Blvd. to the northern City limits, from 1-95 to the Intracoastal. That is where about 60% to 70% of the total Police budget is spent. BIDS None. PUBLIC HEARINGS None. DEVELOPMENT PL_~NS *. Request for retroactive six month time extension - Preliminary Plat and Preliminary Site Plan - Boynton Lakes Plaza Mayor Moore asked that this item be moved up on the Agenda. There have been three different site plans approved for this Site going back to 1985. The latest was in 1988. There was a retroactive extension of a 1987 site plan that expired in ~he fall of 1989. The City had been working under the plan approved in 1988. Attorney Raymond Royce explained some Out-parcels had been eliminated. The developer had experienced some delays due to problems preparing the site. This approval was to extend six months forward and to cover ~hatever was needed to be retroactive. Approval was recom- mended by Vincent Finizio, Acting Assistant to the City Engineer. Vice Mayor Wische moved to approve the six month time exten- Sion. Commissioner Artis seconded the motion which carried 5-0. pUBLIC AUDIENCE Mr. Bob Roche, 2776 S.W. 10th Street, Boynton Beach ~ddressed the Commission regarding the Recreation & Parks ~ummer program offered to children at Caloosa Park. Mr. Roche didn't receive the Bulletin advising of the registra- dion cutoff date until two weeks after the registration ~utoff. Mr. Roche was interested in enrolling his two ~hildren in the program. He also hoped that the other 13 hildren who were on a waiting list for Caloosa's program could be accommodated in the program. ~harles Frederick, Director of Recreation & Parks explained ~bout high demands on the summer programs. The Caloosa site - 3 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 has minimal covered areas for the children's protection in inclement weather. Mr. Frederick noted there were openings for children in some of the programs at other recreational sites. Discussion ensued about the 83 children who are on waiting lists for the various camps. The City tries to maintain a supervision ratio of one counselor per 15 children. To expand any of the programs would require addi- %ional dollars for personnel. Mr. Frederick noted the Bulletin sometimes gets out late, ~ut flyers were sent throUgh the school system and the ~rogram was advertised in the newspaper in advance of the registration date. Historically, the City has always 9ftered the program on a "first come - first served" basis. The names were on a waiting list. Mr. Roche's children were Rot on the waiting list. Remarks were made about high emands on the program and the cost of expansion. ommissioner Weiner thought the Commission should keep these acts in mind when reviewing the Recreation & Parks budget or the coming year. No special arrangements were made to ~ccommodate Mr. Roche's children. ilda Searcy, 402 N.E. 13th Avenue, Boynton Beach was ~nterested in putting Former Commissioner Ezell Hester, ~r.'s picture in the Library as well as a picture of King Fut. Pictures of each were exhibited. Mrs. Searcy donated a book she had authored, "We Are ~no" to the Library. ice Mayor Wische moved to accept these, subject to the ibrary approving the wall space. Commissioner Artis Seconded the motion which carried 5-0. Mrs. Searcy was ~sked to provide the pictures to the City Manager's staff. Lynne Matson, I W. Chesterfield Drive, Boynton Beach stated he was embarrassed by some City Commission meetings. She tood behind Commissioner Olenik's actions 100%. If whistle lowers are chastised for getting involved in issues per- ~inent to the safety of the public, then we lose the sense Of democracy. She thought favoritism and selective Code ~nforcement must stop now. ut-off Time for Submittal of requests to address Commission ~iscussion ensued about the Commission's prior decision {elative to when citizens had to submit their request ~heets. Mayor Moore understood they had to be submitted to ~im prior to approval of the Agenda. Commissioner Olenik understood they had to be submitted before the "OPENINGS" ~egment of the meeting was concluded. Discussion took place ~nd the previous Minutes were referred to. The Minutes sup- ported Commissioner Olenik's understanding. The Mayor didn't think this was accurate. - 4 - MINUTES - REGULi~R CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Lillian Mayhew, 405 S.E. 21st Avenue, Boynton Beach was con- cerned about an incident two months ago that is not covered by a homeowners' or renters' insurance policy. Her work- man was bit by one of her neighbor's dogs. He had been unable to work for two months and had hospital bills he could not pay as he was a homeless person. Ms. Mayhew stated the dog's owners were renters and they did not appear ~o be liable. She thought animal owners and their insurance ~ompanies should accept responsibility when their pets stray ~rom their owners' property and bite someone. ~ommissioner Weiner told Ms. Mayhew about the LOrd's Place Which helps homeless people out. She asked Ms. Mayhew to ~all her so she could give her more information. ~ommissioner Olenik explained insurance regulation does not ake place by the City Commission but rather the State. He Ihought the Commission might want to send a letter to the egislative delegation advising there is a citizen who is Concerned about this. The Mayor thought it was a violation of City Ordinances to ~llow a dog to run unleashed and bite. He didn't think the City could require people to provide insurance to cover ~ituations like this. Other remarks were made. DEVELOPMENT PLANS Project Name: Agent: Owner: Location: Description: Cross Creek Centre Steve Rhodes Denholtz-Rhodes Associates West Boynton Beach Boulevard at the L.W.D.D. E-4 Canal, northwest corner MASTER PLAN MODIFICATION: Request for approval of an amended master plan to allow for the addition of a day care center (maximum 55 children) at the east end of the commercial/office building and to convert an additional 1,225 sq. ft. of office floor space to retail floor space. (PREVIOUSLY TABLED) Commissioner Olenik moved that this be removed from the table. Vice Mayor Wische seconded the motion which carried 5-0. Vice Mayor Wische noted at the previous Commission meeting St had been recommended that the applicant speak to certain staff members relative to concerns and bring back proo~ that these concerns were to be complied with. Mr. Steve Rhodes - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 responded he felt they could satisfy everyone's objections. Commissioner Weiner referred to objections of the Engineering Dept. that did not appear to have been satisfied. She referred to Mr. Finizio's memorandum No. 90-118 to the City Manager and hazards in connection with the interrupted traffic flow in the drop off and pick up area. Jim Golden, Senior Planner referred to new memorandums pro- tided the Commission from the developer and the Fire Dept. Mr. Golden indicated the Fire Dept.'s comments and the ~.W.D.D.'s comments concerning the easement appeared to have been resolved. The other comments still applied. Remarks were made about safety factors involving proximity ~o the canals and Boynton Beach BlvdD and congestion in the dead end parking lot. Mr. Rhodes commented on people ~arking and escorting children to the building. Available parking spaces and the required parking ratio for day care ~enters were considered. Commissioner Weiner and Mr. Rhodes discussed the narrow play area which would exit. Commissioners Weiner and Olenik thought the site was ~nsuitable and unsafe for a day care center. ~ngineering, Police and Planning Dept. concerns still had ~ot been met. Mr. Rhodes stated there were four exit doors planned which were above standard. You had to have at least I0' for children to stand away from the building in an mergency. They had about 70' t° 74'. Mr. Rhodes felt ~here was more than ample parking to handle cars during the peak drop off times. Commissioner Weiner moved that the Master Plan Modification ~nd request for approval of an amended master plan to allow for the addition of the day care center be denied. ~ommissioner Olenik seconded the motion which carried 4-1. Mayor Moore voted against the motion. Vice Mayor Wische moved to approve the request for Master plan Modification to convert an additional 1,225 sq. fto of Office space to retail floor space. Commissioner Artis ~econded the motion which carried 5-0. Vice Mayor Wische ~uggested the applicant immediately try to get the area for ~he day care center rezoned retail/commercial. B. Project Name: Agent: Owner: Location: Long Warehouse and Light Industrial Complex Ted Powell Doug Long & Richard Blumberg South Congress Ave. at S.W. 30th Ave., northeast corner - 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Description: SITE PLA~S: Request for site plan approval to construct a 31,917 sq. ft. automotive care center and ware- house complex on 3.39 acres. (PREVIOUSLY TABLED) Attorney Alan Ciklin stated that since the last ~ommission meeting they had tried to resolve concerns expressed. They had come up with a revised site plan. The car wash had been moved back so the distance from the car wash openings and the Congress Ave. right-of-way was now in excess of 100'. Canopies had been added as well as additional landscaping to ~educe the view to people driving by. They had agreed to landscape the median area as well. Don Jaeger, Building Official remarked in the "sight triangle area" along Congress Ave., the maximum safe height for hedges was 3' ~ommissioner Olenik still thought the 8' doors would be visible. Discussion ensued regarding the view from Manor Park across the street. Commissioner Weiner recalled the main issue had been incon- sistency with the Comprehensive Plan. Mr. Ciklin felt this did meet the intent of the Plan. The Planning & Zoning Board thought the plans were inconsistent with the Plan. Tim cannon, Interim Planning Director agreed. Color ren- derings of the facility were examined. Discussion resumed On whether the openings to the car wash constituted doors or not. Vice Mayor Wische moved to accept the new site plan for Long Warehouse and Light Industrial Complex. Commissioner Artis seconded the motion which carried 3-2. Commissioners Weiner and Olenik voted against the motion. C- Bethesda Memorial Hospital - Master Plan Modification Jim Golden, Senior Planner explained the approved Master Plan allows for a day care center to be utilized by hospital employees. The hospital would like to eliminate a 25,000 sq. ft. office building and raze two existing homes to allow for construction. Staff recommended approval. Commissioner Olenik moved that the Commission make a finding Qf no substantial change to the approved Master Plan. Vice Mayor Wische seconded the motion which carried 5-0. Remarks were made about the hospital's status as far as profit/non-profit was concerned. Commissioner Olenik understood there was a for profit corporation operating but it was separate from the Hospital itself which was still a non-profit entity. The Mayor asked for clarification from the City Manager in this regard. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 D. On Site Review of Existing Parking Facility Variance Determination - Hampshire Gardens, Inc. Several commissioners asked why this was before the ~ommission. Vincent Finizio, Acting Assistant to the City Engineer responded the Planning & Zoning Board had an analy- sis done and desired concurrence that the variances would move forward. These were Code variances to the parking lot ~rdinance. It was noted that the Planning & Zoning Board approves parking lot variances. Commissioner Olenik stated if that Board had approved it, then it would move on. This ~oesn't have to go to the Board of Adjustment but will have ~o go before the Community Appearance Board. The consensus Was to "receive and file this." E. Request for one year time extension - Citrus Glen Limited Partnership Miner Road Construction This one year time extension came with a favorable recommen- dation from staff. ~ice Mayor Wische moved to approve the one year extension. Commissioner Artis seconded the motion which carried 4-0. Mayor Moore abstained from voting on this. A Memorandum of ~oting Conflict is attached to the original copy of these Minutes in the City Clerk's office. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING ~one. Ordinances - ist Reading Proposed Ordinance No. 90-11 Re: Board Members (PREVIOUSLY TABLED) Vice Mayor Wische moved that this be removed from the table. ~ommissioner Olenik seconded the motion which carried 5-0. ~ity Attorney Cherof read proposed Ordinance No. 90-11 by ~aption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, ESTABLISHING MINIMUM QUALIFICATIONS FOR APPOINTMENT AND MEMBERSHIP TO THE CITY'S BOARDS AND COMMITTEES; ESTABLISHING A TRANSITION PERIOD FOR IMPLEMENTATION OF THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." - 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Commissioner Weiner asked if it was possible to make two separate Ordinances out of this so that one Ordinance would state that Board members would have to be electors in Palm Beach County. She was in favor of this. The second part would be that you could be a non-resident of the City. She was opposed to this portion. City Attorney Cherof replied the Ordinance could be severed ~nto two sections or it could be addressed as one with an amendment to delete the provision Commissioner Weiner was not in favor of. Discussion ensued and various opinions were expressed. ~ommissioner Weiner moved to amend the Ordinance and split ~t. She wanted everyone to have an opportunity to vote on every part of the ordinance. Commissioner Olenik seconded ~he motion for discussion purposes. Commissioner Olenik was concerned that the proposed Ordinance indicated the City could get someone from another City to serve, but it did not specify that they must be business owners in the City. ~ommissioner Weiner amended her motion and wished to approve Ordinance No. 90-11 with the deletion of Section 2. ~ommissioner Olenik seconded the amended motion. Discussion took place. Commissioner Weiner suggested Sabling the proposed Ordinance. Attorney Cherof stated if it was the Commission's intent that the non-resident be ~estricted to a non-resident business owner, they could make an amendment to Section 2 to include the words "business owner" following "non-residents" and could proceed to adopt %t. The Mayor called for a vote on Commissioner Weiner's motion which was on the floor. The motion FAILED 2-3. Mayor Moore, Vice Mayor Wische and Commissioner Artis voted against the motion. 9ice Mayor Wische moved to stick with the original Ordinance ~nd just insert language to include business owners within the Cityt who are not residents, to be included if they have ~he expertise for a Board that cannot be filled by a resi- dent. Residents are to have first preference, i~ they have ~he expertise. Commissioner Artis seconded the motion. Commissioner Weiner noted there are some Boards where the State Statute would supersede this Ordinance. She was interested in which Boards would not be affected by this Ordinance. City Attorney Cherof stated he was not able to MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 answer this question. The only Board he knew of was the one previously researched, namely the Code Enforcement Board. Commissioner Weiner again moved that this be tabled, to give the City Attorney time to come back with a definite answer to that question. The motion died for lack of a second. The Mayor called for a vote of all those in favor of the Ordinance as amended. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Commissioner Weiner - Nay Motion carried 4-1. 2. Proposed Ordinance No. 90-12 : Re: Recall Provision (PREVIOUSLY TABLED) Commissioner Olenik moved that this topic be removed ~rom ~he table. Commissioner Weiner seconded the motion which ~arried 5-0. ~ommissioner Weiner left the dais. ~ommissioner Olenik stated he had checked with the Florida eague of Cities as to municipalities around the State that ave recall provisions in their Charters. He stated Dumerous cities around the State do have recall provisions. Mayor, Moore responded that if you were to check throughout ~alm Beach County, you would find that of the 37 cities, ~bout 8 have the recall provision and the remainder do not. Two cities did not respond to the survey he was referring ~o. ue Mayor was concerned that this Ordinance would be used rely for political purposes, when the same charges against ~ public official could be handled effectively and admi- nistratively by the Governor's office. He didn't think any ember of the Commission had initiated this idea and it hould be tossed out. ~ommissioner Olenik thought the citizens should have an ~ption, if they saw fit, to remove any member of the ommission, through the process of a recall. ~ice Mayor Wische moved to reject the recall provision. ~ommissioner Artis seconded the motion. A roll call vote ~as taken by Sue Kruse, City Clerk as follows: - l0 MINUTES - REGULAR CITY COMMISSION MEETING BO~TON BEACH, FLORIDA JUNE 5, 1990 Vice Mayor Wische - Commissioner Artis - Commissioner Olenik - Mayor Moore - Aye Aye Nay Aye Motion carried 3-1. 3. Proposed Ordinance No. 90-13 Re: Code Enforcement Lien Appeal Process (Draft) City Attorney Cherof read proposed Ordinance 90-13 by cap- tion only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ACKNOWLEDGING AND INCORPORATING PROVISIONS OF CHAPTER 89-268w LAWS OF FLORIDA (1989) AFFECTING THE LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS ACT PRESENTLY CODIFIED UNDER CHAPTER 162, FLORIDA STATUTES; PROVIDING FOR THE ADOPTING OF AN ALTERNATE CODE ENFORCEMENT SYSTEM WHICH WILL PROVIDE THE CODE ENFORCEMENT BOARD OF BOYNTON BEACH WITH THE ABILITY TO DESIGNATE SPECIAL MASTERS TO ASSIST IN COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES; PROVIDING A LIEN MODIFICATION PROCEDURE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." ~ity Attorney Cherof explained the first sections of the rdinance incorporate the most recent changes to the State tatute. The most interesting part of that is the creation ~f an alternative Code Enforcement Board procedure which is not available yet in this County. At some point in the ~uture, the Commission could adopt an Ordinance establishing Specific fines. Notices would go out to alleged violators, getting the fine and they would be expected to pay it. If ~hey do not pay, then you would have to go to County Court for enforcement of the fine. It was noted this Ordinance ~nly gives the City the right to establish the fine at some point in the future. It's an enabling Ordinance. It's not the actual enactment of the procedure. ~e other significant part of this Ordinance is the appeal ~rocess. If someone has already been before the Code nforcement Board and a lien has accrued on the property, if ~he property owner wants to eliminate the lien or modify it ~ownward, there is a procedure by which the property owner ~ust go before the Board. Finally, the recommendation of the Board would come before the Commission for acceptance, ~ejection or modification. Section 2-80, "Appeal" was referred to. Mr. Cherof stated at the conclusion of the first Code Enforcement Board - 11 - MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA JUNE 5, 1990 hearing, if the property owner or City administration were not happy with the ruling of the Board, an appeal could be taken within 30 days, directly to Circuit Court. That is just on relief. There is an alternative route to come back to the Commission after they've re-appealed back to the Code Enforcement Board. Commissioner Olenik moved for the adoption of Ordinance 90-i3 on first reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Motion carried 4-0. Commissioner Olenik left the dais. 4. Proposed Ordinance No. 90-14 Re: Rezoning - Alhambra Square North City Attorney Chero~ read proposed Ordinance No. 90-14 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 R-tAA (PLANNED UNIT DEVELOPMENT) PUD TO C-1 (OFFICE PROFESSIONAL) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Wische moved to approve Ordinance No. 90-14 on first reading. Commissioner Artis seconded the motion. A Toll call vote was taken by Sue Kruse, ~ollows: Mayor Moore Vice Mayor Wische Commissioner Artis Deputy Clerk as - Aye - Aye - Aye Motion carried 3-0. Commissioner Olenik returned to the dais. 5. Proposed Ordinance No. 90-15 Re: Rezoning - Alhambra Square South/Alhambra Square South ACLF - 12 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 City Attorney Cherof read proposed Ordinance No. 90-15 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON 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 R-1AA (SINGLE FAMILY RESIDENTIAL) TO R-3 (MULTI-FAMILY RESIDENTIAL) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved for the adoption of Ordinance No. 90-15 on first reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Commissioner Olenik - Aye Motion carried 4-0. Vice Mayor Wische left the dais. C. Resolutions i. Proposed Resolution No. 90-GGGG Re: Interlocal Agreement between Palm Beach County and the City for reimbursement of kitchen equipment at Child Care Center City Attorney Cherof read proposed Resolution No. 90-GGGG by Caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURPOSE OF REIMBURSING THE CITY $51,250.00 FOR KITCHEN EQUIPMENT INSTALLED IN THE BOYNTON BEACH CHILD CARE CENTER, A COPY OF SAID INTERLOCAL AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved to adopt Resolution No. 90-GGGG. Commissioner Artis seconded the motion which carried 3-0. 2. Proposed Resolution No. 90-HHHH Re: Mutual Aid Agreement with Delray Beach - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 City Attorney Cherof read proposed Resolution No. 90-HHHH by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN MUTUAL AID AGREEMENT BETWEEN THE CITY OF BOTfNTON BEACH, FLORIDA AND THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF PROVIDING MUTUAL AID IN TIMES OF EMERGENCY, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Fire Chief Ed Allen indicated this is exactly the same as the City's Palm Beach County Agreement. Commissioner Olenik moved for the adoption of Resolution No. 90-HHHH. Commissioner Artis seconded the motion which Carried 3-0. Proposed Resolution No. 90-IIII Re: Use of Palm Beach County School Board Buses for Summer Day Camp Programs City Attorney Cherof read proposed Resolution No. 90-IIII by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE PURPOSE OF LEASING SCHOOL BUSES FOR THE SUMMER DAY CAMP PROGRAMS, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Artis moved for the adoption of Resolution No. 90-IIII. Commissioner Olenik seconded the motion which carried 3-0. 4. Proposed Resolution No. 90-JJJJ Re: Large user agreement for sanitary sewer service The Little Club, Las Casitas & Hillside Condominium City Attorney Cherof read proposed Resolution No. 90-JJJJ by ~aption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE LITTLE CLUB, LAS CASITAS AND HILLSIDE CONDOMINIUM FOR THE PURPOSE OF - 14 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 OBTAINING WASTEWATER DISPOSAL SERVICES FROM THE CITY; A COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." The City Manager had verified with the Utilities Director that the City had the capacity to serve these communities without depleting the City's service ability of projects on line now or currently anticipated. This is for sewer ser- vice only. Commissioner Olenik moved for the adoption of Resolution No. 90-JJJJ. Commissioner Artis seconded the motion which carried 3-0. 5. Proposed Resolution No. 90-KKKK Re: Large user agreement for sanitary sewer Gulfstream Homeowners service - City Attorney Cherof read proposed Resolution No. 90-KKKK by caption only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GULFSTREAM HOMEOWNERS IMPROVEMENT ASSOCIATION FOR THE PURPOSE OF OBTAINING WASTEWATER DISPOSAL SERVICES FROM THE CITY; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PRovIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." The city Manager noted all the expenses incurred with these extensions will be borne by the applicants. Commissioner Olenik moved to adopt proposed Resolution No. 90-KKKK. Commissioner Artis seconded the motion which carried 3-0. D. Other: i. Water Service Agreement Beach Federal Savings and Loan 2. Water Service Agreement - Margaret S. Cummings Commissioner Otenik moved to approve these two Water Service Agreements. Commissioner Artis seconded the motion which carried 3-0. - 15 - MINUTES - REGULkR CITY COMMISSION MEETING BOY~TON BEACH, FLORIDA JUNE 5, 1990 3. Southern Entertainment Attorney Fees City Attorney Cherof reported the City received a letter from the attorney representing Southern Entertainment. It outlined a proposal for entering into a settlement with the City with respect to a couple of issues. The first dealt with resolution of the pending sign suit which arose out of Code Enforcement Board actions. Southern Entertainment would remove the small reader board underneath the main part of the sign, within two weeks. The City would agree not to Dnreasonably interfere with the Plaintiffs' property or the Conduct of their business. Commissioner Otenik left the dais. Vice Mayor Wische ~eturned to the dais. The second part, with respect to the attorney fees, dealt ~ith a number of pending matters. The first was attorney ~ees Southern Entertainment claimed in the challenge to the City's Ordinance. Southern Entertainment was the prevailing party on a portion of their claim at the trial level. They ~ave a motion pending in Federal Court for awarding fees. They were requesting total fees exceeding $67,000. Their ~ffer was to settle it for $50,000. ~outhern Entertainment was also seeking expert witness fees And costs of approximately $8,500 in the trial of the Ordinance case. $3,500 was charged with respect to the Contempt proceedings. Mr. Cherof stated the only issue the Court had addressed to date was the attorney fees in the Contempt proceeding. 34 hours were spent working on the Case and Mr. Cherof thought $3,500 was a reasonable fee. The City's previous attorney in the litigation agreed that ~ee was reasonable. Mr. Cherof recommended payment of the $3,500. With respect to the attorney fees in the main action, Sttorney Jim Green did no~ think under applicable case law %hat Southern Entertainment would be entitled to prevail. ~r. Cherof was not sure that he necessarily agreed with Mr. ~reen on this. Mr. Cherof recommended this be discussed further with Southern Entertainment's lawyer. The City ~ttorney believed the issue here was whether Southern Entertainment's lawyer would be entitled to attorney fees ~nder the Civil Rights action. Southern Entertainment did ~ot win that aspect of the lawsuit, but it was coupled with ~he other aspect of the lawsuit and Mr. Cherof thought an argument could be made that he was the prevailing party for all purposes. Mr. Cherof indicated he would be in contact ~ith the opposing attorney. With regard to the contempt proceedings, Mr. Cherof noted Southern Entertainment had not delineated what their costs - 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 were. He wasn't sure if they were included in the $3,500 or if there were additional costs. He stated costs were usually pretty clear-cut and he asked for the Commission's flexibility in approving the $3,500. Vice Mayor Wische moved to pay the $3,500 that Southern Entertainment was seeking in the contempt proceedings. Commissioner Artis seconded the motion which carried 3-0. The Mayor had a problem with the way this case had been handled. Reference was made to an Affidavit signed by former City Attorney Rea which expressed the opinion that ~he City's previous Ordinance was unenforceable and ~nconstitutional. Mr. Cherof noted that by means of this the Judge brought the City's zoning in progress argument to a very swift end saying that by the City's own admission, Such an Ordinance was unenforceable. Other remarks were ~ade. Commissioner Olenik returned to the dais. Ero Cherof was asked to look into the possibility of ~alpractice in this case and to see if there was any possibility of getting back fees paid to Mr. Green's firm. Commissioner Olenik announced Commissioner Weiner had experienced a dizzy spell and the paramedics were going to take her to Bethesda Hospital to be examined. The Mayor declared a brief recess at 8:15 P.M. The meeting resumed at 8:25 P.M. 4. Chambers Ceiling Leak Vice Mayor Wische stated this had been resolved. 5. Mosaic Tile City Emblem Plaque ~ice Mayor Wische stated the person who had donated the mblem, Mr. Ferrazoli, was not pleased with the way the 9mblem was hung. He asked that he be allowed to mount it properly, at his own expense. The Commission was agreeable. 6. Plaque - Dedicating City Hall to the Taxpayers The Mayor asked what had happened to the idea of having a plaque dedicating the renovated City Hall to the taxpayers. The Commission still wished to pursue this. 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 OLD BUSINESS A. Community Design Plan As outlined in City Manager Miller's Agenda Memorandum No. 90-167, a Community Design Plan was being developed in coor- dination with the overall comprehensive master plan of the City. Mr. Miller produced a set of guidelines that would, ~n effect, represent an architectural style for designated areas. A list of areas of particular note and their pro- posed design requirements had been prepared. Architectural Styles were broken down into three major categories, namely, Coastal Village, Modern and Spanish/Mediterranean. The City ~anager requested Commission approval of the direction this ~lan was headed. The Community Appearance Board had Sesponded favorably to these initial efforts. This plan was Being put together in-house. The Commission instructed the ~ity Manager to proceed with this. B. Prioritizing Capital Improvement Projects (1.6 million) An update had taken place on the revenues and expenditures Of all Capital Improvement Funds. For 1990/1991, Mr. Miller txpected to have an estimated total undesignated funds in he amount of $2,097,114. Mr. Miller explained what this included. Of the $2,097,114, the Commission had approved $6,000 for the Chapel Hill Median. The existing "wish list" ~as still in need of appropriation. The City Manager ~eferred to Capital Improvement Programs that had recently ~urfaced as outlined in his Agenda Memorandum No. 90-168. ~e offered specifics in connection with 1) finishing the ~ommunity room at Station ~3, 2) constructing the additional our sets of equipment for the shooting range at Fire Station 93, 3) needed repairs at the Civic Center and 4) furnishings/communication systems for Fire Station ~3. Reference was made to the cost for a Sound System for the $ibrary Program Room, a COALA Computer Upgrade and a Color Lab for the Police Dept. Mr. Miller noted if you look at phase II of projects as enumerated, you were talking an &dditional $131,168. Commissioner Olenik asked if the City Manager was looking for direction at this time on some of the other "wish list" items that the City should be moving ahead on. Commissioner ~lenlk hated to let the money sit idle. The City Manager ~esponded in July the Commission would get involved in budget hearings. Some of these projects would be utilizing ~ollars from other funds and he gave examples. Commissioner Olenik later stated he had no problem waiting until the ~udget process. The Mayor thought the City Manager had addressed the critical areas and there would be substantial savings by proceeding at the present time. - 18 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 The Mayor commented he was looking into input that the City might be running into overruns already on the plans drawn by the architects for Fire Station #3. The City Manager indi- cated he was already looking into this. One of the Commissioners suggested constructing sand volleyball courts for the new Fire Station. The City Manager and Director of Recreation and Parks both thought that was an excellent idea. ~ayor Moore asked if the City had an intelligent handle on what the cost overrun was on the City Hall renovation pro- ~ect. The City Manager responded the SARCOs (Seppala & Aho Requests for Change Orders) totalled in the neighborhood of $200,000 to $300,000. They had been rejected by the City, the.architects and Gee & Jenson, who had been brought in to ~evlew them. If additional background information were to be provided by S & A, these could be reconsidered. Delay costs that S & A had put in for could be in the neighborhood 6f several hundred thousand dollars. The City was ~ttempting to get a bottom line from both S & A and Miller, ~eier. Miller, Meier was claiming the City owed them addi- tional funds, in excess of what the City felt they were entitled. Commissioner Olenik moved to approve the City Manager's prioritized list and going forth with the six Capital improvements the City Manager had mentioned. Vice Mayor ~lsche seconded the motion which carried 4-0. C. Nuisance Abatement Ordinance in January, 1990 the Commission had passed an Ordinance ~reating a Nuisance Abatement Board. To date, appointments had not been made. Since that time, the Commission had come to the decision that rather than have its own Board, the City should utilize the County's Nuisance Abatement Board. Vice Mayor Wische moved that the City Attorney draft an Qrdinance repealing the previous Ordinance. Commissioner Artis seconded the motion which carried 4-0. D. Holiday Parade Route Some Commissioners wished to revisit the Commission's May ~5, 1990 decision to move the Holiday Parade to Congress Ave. Discussion took place on Chamber of Commerce concerns ~s well as the fact that the Seacrest Blvd. route would be ~hrough a residential area and would be a more expensive route. After considering the options, all four Commissioners agreed to move the Parade to the Seacrest Blvd. route. - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA JUNE 5, 1990 E. 45' Height Limitation The Commission discussed holding a public referendum to allow the citizens to decide whether to lift the 45' height limitation in three areas, 1) the CBD, 2) portions of Quantum Park and 3) North Federal Hwy (northeast area). The consensus was to work towards the September primary. The City Attorney indicated he would draft a "skeleton" form ~or Commission review in time for the next regular meeting. Commissioner Olenik recommended the verbiage on the ballot be made as clear as possible and that there be three separate questions on the three areas. The City Attorney was instructed to utilize the Planning & Zoning Board's recommended boundaries in this regard. Commissioner Olenik thought a public information program would be advisible. Remarks were made about possibly calling a special Commission meeting once the City Attorney had drafted the language. A date for the special meeting was not set. ~enrietta Solomon, 230 N.E. 26th Ave., Boynton Beach spoke 0n behalf of Village Royale on the Green. They were une- quivocably against any change in the 45' height limit. She ~tated most people came to Boynton Beach to get away from highrises, traffic and environmental problems. Mrs. Solomon stated the developers' desire for tall buildings is based on profit only. She felt they should make some profit, but not all at the citizens' expense. She implored the Commission Go not put this on the September ballot, but to hold it for November or March when more residents are in Florida. NEW BUSINESS A. Items for discussion requested by Mayor Gene Moore 1. Gary Lehnertz - Petition for Intervention Mayor Moore had asked the City Attorney to look into the procedure for removing a Board member. This would fall under requirements of State Statute and the person would be afforded a hearing. The Mayor stated Mr. Lehnertz had battled the Tradewinds situation as a member of the Planning & Zoning Board and had now filed for intervention with the Dept. of Community Affairs (DCA) in Tallahassee to try and "torpedo" the City's Comprehensive Plan. The Mayor stated Mr. Lehnertz could do whatever he wanted to as a private citizen, but when he appeared before the DCA under the "cloak" of Planning & Zoning Board membership, he felt it was definitely wrong. The Mayor thought Mr. Lehnertz should either resign or the City should bring charges against him for malfeasance, misfeasance and nonfeasance. - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 City Attorney Cherof stated this intervention would possibly lead into administrative hearings with the DCA. The City was waiting to hear if the hearings already scheduled for the end of June are now going to be cancelled or abated in any fashion. The Settlement Stipulation with the DCA might not be signed, or Mr. Cherof noted it might be signed sub- ject to the comments that were in the Petition for Intervention. If the City was involved in administrative hearings, that would prove to be a cost to the City. Mr. Cherof indicated in the Comprehensive Plan process, any citizen that spoke during the Comprehensive Plan Public gearings was afforded the opportunity to file intervention With the DCA. Commissioner Olenik recalled that several months back the Mayor had been asked to testify in the Morey's case against the City. If the Mayor had testified against the City, Commissioner Olenik stated the "cloak" of the Mayor's office Would have existed and worked against the City. Discussion ensued. The Commissioners expressed various opinions on Mr. Lehnertz's actions and whether a hearing should be held. Attorney Cherof stated if that was the way the Commission Wished to proceed, there would have to be a Resolution spe- cifying the facts and advising Mr. Lehnertz of the basis for his suspension. I ice Mayor Wische moved that the administration explore what e specific facts are that would be the basis for the solution, either by reviewing the Minutes of the Planning Zoning Board meetings or by other means. If those facts re currently available, they should be provided to the CitY ttorney. The motion was seconded and carried 3-1. ommissioner Olenik voted against the motion. 2. Awards Ceremony for Firemen ayor Moore referred to the Awards ceremony which takes lace for the Policemen. He suggested a similar ceremony be ~mplemented for the firemen. The City Manager was asked to ook into this possibility. Commissioner Olenik remarked ~bout the Firefighters' Memorial Service which is held on a Sunday morning. He suggested the Awards Ceremony be incor- porated into that service. ~. Review Occupational License Requirements ~ity Manager Miller indicated Mrs. Marina Haberman had '!complied." Mayor Moore stated Mrs. Haberman had been ~ppointed to the Code Enforcement Board in the capacity of a - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 business person and was listed as a professional artist. The Mayor asked if she had an occupational license as such. Discussion ensued. Cynthia Greenhouse,. 618 N.E. 20th Lane, Boynton Beach thought the Commission "should take some action to stop this witch hunt against Mrs. Haberman." In Mrs. Greenhouse's opinion, the Mayor had slandered and libeled Mrs. Haberman and had exposed the City to potential legal liability. 4- Beautification and Preservation of Historic Circles in Boynton Hills Area The Mayor referred to flag poles in the old section of Boynton Hills. The circular islands where the poles stand had become rundown. The Mayor thought funds should be &vailable towards either preserving these sites or relo- Cating the poles to the N.W. corner of City Hall. Remarks were made about possibly repainting the poles. Commissioner ~rtis thought the present color of blue was unattractive and ~uggested white or off-white. The Mayor hoped at least grass could be planted to improve the appearance of the islands. 5. Revisit Mayor's Prior Recommendation Regarding Relocation of Historic Column at Entrance to Lake Boynton Estates The Mayor referred to half of an old historic column which remains at the entrance to Lake Boynton Estates across from the American Legion Hall He understood the column itself could not be moved, but ~e wondered if a replica could be ~roduced and the "Torch of Freedom" added. He thought if it ~ouldn't be preserved, at least a scaled down replica should e constructed. 6- Selective Code Enforcement ~he Mayor referred to Morey's Lounge and Code Enforcement 9oncerns about their parking lot. He stated he does not represent Morey's. The Mayor wished to see uniform Code Enforcement and he did not think it was taking place in this dase. ~oanne Elmore McClure, 405 S.W. Atlantic Drive, Lantana felt the City and particularly the Greenhouses had "hacked and ~acked away" at this bar over the years in an effort to get rid of the business. She stated she had always cooperated With Code Enforcement and the Health Dept. Mrs. McClure remarked she was tired of harrassment and wanted to be left alone. Mrs. McCture was asked to get her documentation together and to provide it to the City Manager for cir- culation to the entire Commission. - 22 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Cynthia Greenhouse stated she had not initiated the Code Enforcement complaint about the parking lot. She stated it was public record that the Mayor had represented Mrs. Morey during the court case as it was pending. ~ne Mayor indi- cated Mrs. Greenhouse's remarks were not true. 7. Recent Actions of Commissioner Olenik Mayor Moore re~erred to Commissioner Olenik conducting a press conference and making untrue statements. With regard to the canvas sail shop, the Mayor stated Commissioner Olenik had indicated the Mayor had a vested interest in that operation which was not true. Commissioner Olenik later recanted on that. Commissioner Olenik had indicated he ~ersonally visited the canvas sail shop before he voted to close them down and the Mayor recalled Commissioner Olenik had recanted on that. The Mayor had heard that Commissioner 01enik had referred to the Vice Mayor and Commissioner Artis as being "stooges" that report to the Mayor. Commissioner Olenik had accused the Mayor of exerting wrong- ful influence in the Applied Polymer case. The Mayor %bought that was a reckless statement and there was no evi- dence to support the remark. The Mayor indicated he didn't have anything whatsoever to do with Applied Polymer. The Mayor was particularly disturbed, however, by the meeting Commissioner Olenik called in the City Manager's office, without informing the other City Commissioners. The Mayor stated approximately ten department heads had been assembled. It had been done with the knowledge that the City Manager was out of town. Ms. Parker had not been in her office at the time. Commissioner Olenik had directed Sharon Randolph to call the meeting for the purpose of discussing something that he presumed was a matter of great public importance. Applied Polymer was going to be closed down. Verbatim transcripts of the meeting had been pre- pared. The Mayor thought these actions "fly in the face" of the City Manager form of government. He stated the Charter prohibits actions that were taken. The Mayor stated if he had had a "beef" like that he would have gone directly to the City Manager and instructed him to straighten it out. The Mayor felt the office of the City Manager had been compromised and this meeting constituted a "kangaroo court." The Mayor stated "if they didn't do what he wanted them to do," Commissioner Olenik had indicated the Attorney General or State Attorney was going to be brought in. The Mayor was disturbed at erroneous statements made attacking him by Commissioner Olenik. More importantly, he thought the City Manager and staff had been compromised to Commissioner Olenik's personal end. The Mayor referred to - 23 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 statements made that he had interferred and wrongfully applied his powers to keep this business alive or to keep Code Enforcement off the man's "back." In view of these things, the Mayor thought Commissioner Olenik should be cen- sured and sanctions should be imposed. Commissioner Olenik responded the City Manager had been driving back from Ft. Lauderdale at the time. When Commissioner Olenik arrived at City Hall he found the City Manager would be back at about 3:00 P.M. The Assistant City Manager was in the Utilities Dept. at the time. Commissioner Olenik then went to Sharon Randolph. He stated if he had been aware that the City Manager had a cellular phone, he would have phoned him directly. Commissioner Olenik stated he had had a concern over a project within the boundaries, of his district. He had heard Applied Polymers had been operating for about nine months without an occupa- tional license and that there was a concern that hazardous Chemicals were at the facility. He told Ms. Randolph he wanted to meet with the City Manager when Mr. Miller got in. Me wanted the Assistant City Manager there as well. He didn't want this to be put off for a few days but wanted everyone in the room at the same time so he could understand what was going on. Commissioner Olenik stated he never forced staff to attend. He had no intention of beginning the meeting until Mr. Miller arrived. He had purposely Stayed out of the City Manager's office until the City Manager arrived, so as not to appear to be running the meeting. Commissioner Olenik had asked for a Recording Secretary to make sure everyone present came away from the meeting with the same understanding. He didn't want people forgetting what had occurred. Commissioner Olenik stated when the meeting began, he had prefaced it with his concerns. He stated he did not run or moderate the meeting. He sat, took notes and asked questions. Reference was made to Ordinance No. 89-29 and the Charter which in times past, didn't allow Commissioners to deal with City employees except through the City Manager's office. The City had added a statement to the Charter which said all employees and officers shall be per- mitted to provide information to any Commission member or member of the public, upon request. Commissioner Olenik Stated he had posed a public information question. Commissioner Olenik referred to May, 1989, when former City Manager Cheney was out of town and a Building Official was appointed in Mr. Cheney's absence. He thought that was inappropriate and usurped the value of the City Manager form of government. - 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Reference was made to the prior regular Commission meeting. Commissioner Olenik stated the Commission had directed the Building Official to come up with a different view on the Precision Canvas matter. The Building Official had ruled that was a non-permitted use in that zoning district. Because the Commission didn't like his ruling, Commissioner ©lenik stated they voted to have him determine it dif- ferently. He didn't think the Commission had the right to do something like that. Commissioner Olenik acknowledged some of his remarks made prior to leaving the May 15, 1990 Commission meeting were ~ade in rage. The next day he had produced a memorandum asking the Commission to move forward in cooperation. However, when he is concerned about the health, safety and ~air administration of the laws of the City, he would not ~'lay dead." When the DER investigated the Applied Polymers Lite, they had indicated there wasn't a large number of bad chemicals there but they did find a chemical which reacts Volitilely when exposed to water. Commissioner Olenik stated death or serious injury could have taken place if a ~irefighter, unknowingly, had used water to fight a fire there. The firefighter wouldn't have known of the danger because the company had not followed proper procedure by ~btaining an occupational license and providing MSDS sheets ~n the chemicals. Commissioner Olenik stated he wanted all Of the Ordinances of the City administered in a fair and equitable manner. He thought the City had admitted that it '~screwed up" and this had fallen through the cracks, but the ~ity should now move forward and make sure that everyone ~omplies with the law. The Mayor noted this entire thing had started with an anony- mous phone call. He asked if anyone present had taken the Call. Betty McMinamen, Occupational License Administrator ~esponded one of the Code Enforcement secretaries had taken he call. The Vice Mayor remarked that anonymous phone alls or letters were not to be honored. Ms. McMinamen ~hought that had been rescinded. City Manager Miller ~larified and noted when people call with a Code Enforcement domplaint they are reluctant about leaving their name ~ecause they fear retaliation from the people they are '!tattling on. When a Code Enforcement complaint comes in ~nonymously and staff feels it has validity, he wants it dhecked out. Also, if anonymous information comes in rela- tive to commission of a crime, he expects it to be followed Up. The City Manager indicated these would be the only exceptions. The Mayor stated the Fire Chief had indicated there was no problem at the site and after Commissioner Otenik had caused - 25 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 the investigation, he proved to be wrong. The Mayor referred to the verbatim transcript and felt Commissioner Olenik was making demands, was leading the charge and had made threatening statements. The Mayor referred to Precision Canvas and stated the Commission as a whole had acted. Commissioner Oienik didn't think the Commission had the right to direct the Building Official the way they had. The Mayor stated the City Manager hadn't interposed any 9b~ectlon at the time and it was simply a decision to review a prior decision as to interpretation. In connection with the Precision Canvas matter, Vice Mayor ~ische stated there was no zoning effected as had been ~eported in the newspapers. It was an interpretation of the difference between manufacturing and fabrication. That had ~een the only decision made by the Commission. Three Commissioners felt it was not manufacturing. Vice Mayor Wische stated the entire Commission is concerned About the health and safety of the public. Vice Mayor ~ische objected to the way this was done. As a Leisureville ~esident, the Vice Mayor occasionally receives complaints and he will go to the City Manager and advise a complaint has been received. He doesn't necessarily have to tell the City Manager who issued the complaint. He simply asks the ~ity Manager to look into it and take care of it. The Vice ~ayor noted that would not be mixing into administrative uties. He felt what Commissioner Olenik had done was ~ixing in with administrative duties. He asked what the Treat urgency was that Commissioner Olenik couldn't wait on. ommissioner Olenik responded he did go see the City anager. The Mayor asked why he didn't call the other Commissioners and thought perhaps he didn't want the rest of ~he Commission to know about it. Commissioner Olenik stated ~hat was not the case and he doesn't believe in violating the Sunshine Law. The Mayor thought the City Manager's 6ffice could have been asked to call a special meeting so ~he entire Commission could have been involved. Vice Mayor Wische stated if this had been handled properly, an inspector would have come down from the State and found ~here was nothing of great urgency there. Commissioner 01enik stated he believed government works too slowly. The ~ice Mayor didn't think Commissioner Olenik had given the City Manager an opportunity to answer his questions. Reference was made to the verbatim transcript. The Vice ~ayor thought within 15 seconds of the meeting beginning, Commissioner Olenik had indicated if he didn't get satisfac- tion, he was going to go to the State Attorney General. He ~hought Commissioner Olenik went to the meeting for one - 26 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 reason, to get his way. Commissioner Olenik responded that was not a true statement. Commissioner Artis heard about the whole thing from the press. Although she works during the day, in the past, has been notified of important things at work. she Commissioner Olenik stated he had been aggravated when he ~eceived a phone call from the press because there was a memo written by a Fire Dept. Captain. A Fire Inspector had inspected the site and the memo indicated he was concerned because there were chemicals at the site. The memo got back ~o the Chief and the Chief refused to accept that memo. That was what got Commissioner Olenik excited because he Wondered why the Chief would react like that. That, coupled ~ith. the fact that there had not been an Occupational license since August, 1989, prompted Commissioner Olenik to want Immediate answers. He was concerned that hazardous ~hemicals might be at the site. He stated he wasn't doing ~t to get any individual or organization in trouble, but ~ather, wanted to understand what was going on. ~ommlssloner Artis stated her phone message was why hadn't ~he been at "the special Commission meeting that was ~alled., Commissioner Otenik responded a special Commission ~eeting wasn't called and that question had been incorrect. he Mayor asked Commissioner Olenik if he had advised Ms. andolph which department heads he wanted present at the eeting. Commissioner Olenik stated, "These are the people ~ho have been involved in the situation. I think we should have them there." If they chose not to come or were out of own, that was fine. The Mayor repeated there were at least en employees present at Commissioner Olenik's direction, lus a conference call was made ~o the City Attorney. The ~eeting had lasted until after 5.00 P.M. Commissioner 01enik believed all present were salaried persons. ~he Mayor repeated he felt there had been a serious breach in procedure here. You either condone it or you take some ~ype of action. Vice Mayor Wische moved to take action and have the City Attorney do this in a legal way. If he has to draw up first ~ome papers for a hearing, he wanted to proceed with the ~ear~ng. Commissioner Artis seconded the motion for 9iscussion purposes. ~ommissioner Artis asked exactly what procedure was being requested. Vice Mayor Wische responded he was not saying ~he Commission should censure Commissioner Olenik. He was ~aying they should have a meeting. Commissioner Olenik - 27 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 stated if they wished to censure him, to do it. He didn't intend to get an attorney. He wouldh't be able to provide anY different information. He had explained what had hap- pened. The Vice Mayor noted he hadn't had an opportunity to read the verbatim transcript yet. Commissioner Artis remarked she had listened to the tape of the meeting but it ~as not entirely audible. She also wished to read the ~ranscript. The Mayor stated there were procedures that have to be followed in the Statute. He stated censuring ~uidelines are also included in Robert's Rules of Order for Slandering fellow Commissioners. The Mayor stated Commissioner Olenik still had not provided an explanation ~or why he walked out during the May 15, 1990 Commission ~eeting. He stated the Commissioners get paid to attend and participate in the Commission meetings. Commissioner Olenik asked what the motion was. The Mayor ~esponded the City Attorney was being instructed to draw up ~harges based om the allegations made at this meeting. Commissioner Olenik asked what the charges were. The Mayor ~tated he would find out when the City Attorney provides ~hem. ~ommissioner Olenik remarked when a person is arrested on he street they are informed of what the charges are right ~way. The City isn't given time to collaborate the charges. he Mayor called for a vote on the motion %~ich was on the loor. The motion carried 3-1. Commissioner Olenik voted gainst the motion. Items for Discussion Requested by Commissioner Bob Olenik, Jr. Request Workshop on Compliance Agreement Amendments - Comprehensive Plan ~ommissioner Olenik had suggested a Workshop at the previous meeting in connection with Comprehensive Plan compliance. the Mayor noted this was in "limbo" now because of Mr. Lehnertz's objections. The City Manager remarked they would like to set a date on this. The City Manager was asked to boordinate a date in the next few weeks for this purpose. City Hosting June Municipal League Meeting Dhe Municipal League had asked that Boynton Beach host the /une meeting on Wednesday, June 20, 1990 at 11:00 A.M. in 2ommission Chambers. The City would need to sponsor a cold- !ut luncheon. The Mayor generally gives a welcome speech to the members. The Commission was agreeable. - 28 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 3. CRA-Commercial Eighteen months ago, when the CRAs were put together, Commissioner Olenik stated he had thought perhaps it should have been made a seven member Board with the five current members and two City Commissioners. He thought their powers Should have been expanded and they should have been given She ability to spend money and go out and make something of the downtown. He did not intend for them to be an advisory Board. He thought they were intelligent people with exper- tise and that talent should be retained. W~en the CRAs meet 0n Thursday, June 7, Commissioner Olenik hoped they could discuss the possibility of modifying the CI{A enabling Ordinance. Mayor Moore thought it had been made clear that the CRA-Commercial was an advisory board and had no authority to ~pend money. He thought the breakdown occurred when the ~rdinance was drafted. The former attorney drafted it in Such a way that the present attorney had ruled the CRA-Commercial had all the powers and duties of a full CRA board. The Mayor stated that was contrary to what the Commission had decided. The Mayor thought the CRA-Commercial should be disbanded and the representative iommittee from the Chamber of Commerce should be asked to erve in an advisory capacity for the Commission, on any actions having to do with downtown development. ~ichard Gram, Chairman of the CRA-Commercial stated his ~nderstanding was the CRA-Commercial served in an advisory CapaCity. He thought one of the problems was they were Called a CRA when they really weren't a CRA. They did not ~ave the legal structure of a CRA and it was a misnomer thich had confused the situation. He felt they were really business district advisory board. Mr. Gram stated they id not have the 163 powers. The Mayor thought that was here the breakdown took place in drafting the enabling 9rdinance. The current attorney had indicated the CRA-Commercial was vested with all the powers. It was ~ontrary, however, to what the Commission intended. Mr. Gram requested clarification in that regard. If it was not ~he Commission's intention to give them-those powers, they Should be divested of them formally and finally. Hr. Gram stated there was a question in his mind whether or ~ot it was reasonable to assign responsibility without authority to discharge that responsibility. He didn't think ~his was possible. Mr. Gram hoped the upcoming meeting Would help resolve these questions. - 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5 , 4. Hosting the 1993 Firefighter Olympics for the State of Florida 1990 Commissioner Olenik stated each year a City hosts the Firefighter Olympics. The year 1993 is the next open year for hosting this event. This involves a five week long program where there are about 1,000 or more attending. Commissioner Olenik wondered if it would be feasible for Boynton Beach to host this event. In about two weeks, a committee would be deciding who would sponsor. The City Manager remarked the City would not be paying for anything. The Fire Depts. pay their own way, including room and board and travel expenses. Other remarks were made about the expenses. Commissioner Olenik thought a presentation, possibly a video, could be put together by the City in this regard. The Commission was agreeable. D. Items for Discussion Requested by Vice Mayor Wische 1. Adult Entertainment License Vice Mayor Wische referred to three adult entertainment establishments in Boynton Beach that pay a license fee to ~he County of about $2,000. He noted the City provides police and Fire protection. He was interested in what ser- Vices the County provided for the $2,000. He requested a Consensus of opinion for Boynton Beach to "opt out" and to ~harge for the occupational license. Discussion took place. The Mayor noted the only question the County really asks the City is whether the zoning is acceptable. He thought the City could return local control to drafting any type of a topless ordinance that's Constitutional. The City Attorney was asked to research "opting out of the County and to find out what services the County provides for ~he $2,000. The Vice Mayor was interested in possibly ~aising the $2,000 fee, if possible. Other remarks were ~ade. The Mayor noted if the decision to "opt out" is made, it would be in Ordinance form. ~DMINISTRATIVE A- Engineering construction inspection services for West Water Plant Construction Project (PREVIOUSLY TABLED) It was noted that Commissioner Weiner was interested in discussing this topic. The City Manager stated the Commission could table this topic until the next meeting, if they wished. Value engineering was complete° The City Manager explained one thing that should not be tabled was item K. under ADMINISTRATIVE, namely, "Task Order 8D - CH2M Hill engineering service to finish the design on the west water treatment plant and other modifications for value engineering study. The City needed to move forward with 30 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 this so the City would have a production ready set of docu- ments for bid. Mayor Moore understood, at the State level, there were pro- hibitions that say whoever draws plans cannot also inspect their own job. It had to be an independent construction inspector. He agreed with this. Commissioner Olenik moved %able. Vice Mayor Wische 4-0. to remove the topic from the seconded the motion which carried The Mayor thought a good job had been done on the value ~ngineering and that firm should be the one to do this. He ~eferred to problems encountered by the City in the City Hall renovation project and stated the City should have an independent inspector of construction implementing the plans drawn by another firm. Technical discussion ensued. If CH2M Hill designed the project and Stanley Consultants was ~he project manager, if something went wrong, Vice Mayor ~ische and Commissioner Olenik thought it was possible that each firm might point the finger at the other. Would a ~hird firm, a consultant, have to be brought in to determine responsibility? They wondered what the potential liability dost would be. It was noted that the City would have to have inspection Services to see that the contractor implements the project ~n accordance with the plans. The City Manager remarked the City would need to have someone at the site on an hourly ~asis during construction. ~ndy Carlino, President of Stanley Consultants of Florida ~tated nothing would prohibit "finger pointing" from the %onstruction manager to the designer. That would occur in ~ny relationship. As far as finger pointing from the designer to the contractor, the construction manager becomes ~n additional safeguard to help mitigate between the ~esigner and the contractor. The construction manager's ~esponsibility is to see that the project is built according ~o the plans and specifications provided by the designer. Mr. Carlino stated the construction management form of pro- %iding services by an independent engineer is very common ~nd is the only accepted practice by the DOT. The DOT pro- hibits their designers ~rom being the construction manager. ~r. Carlino thought the reasons for this are obvious. The DOT has an excellent track record as far as construction of ~heir projects. You don't see a lot of lawsuits between the dontractor and the designer on DOT projects. - 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 John Curtiss, from CH2M Hill pointed out by having the same firm that did the design do the construction management, you omit one level of potential finger pointing. There is always a possibility that the contractor and engineers would be at odds. This project is extremely complex. There are 1,000 pages of design specifications and over 200 design sheets included in the project. The people who are best able to interpret the intent of those contract documents are the design engineers who put those documents together° Mr. Curtiss noted we are not dealing with the DOT in this case, but rather the Dept. of Environmental Regulation, who as part of their permitting requirements require the design engineer to certify that the construction has taken place in accordance with the plans and specifications. Specifically, there will be a permit condition and Mr. Curtiss explained what this involved. He pointed out we are dealing in a totally different regulatory environment. At some point, CH2M Hill would need to be involved to do this cer- tification. He stated they couldn't certify unless they are %nvolved during the construction process. He strongly urged the Commission to continue with CH2M Hill as they could pro- %ide continuity from design through construction and start- up. Mr. Carlino made additional comments on the role of the Construction manager. As far as the certification of the process, he noted the designer would certify the process. The construction manager would certify the construction. $oth would then be certified by the Dept. of Environmental Regulation. Commissioner Olenik asked John Guidry, Director of Utilities about the bottom line cost associated with transferring over ~o a new construction management team. Mr. Guidry thought there would be an additional cost in transferring but he ~oted this is a very large and important project. Discussion took place. Mr. Carlino again reminded the Commissioners of the need to distinguish between the roles of the designers and the Construction managers. He did not see that there would be anY additional cost in transferring to a different con- Sultant to do the construction management. As construction ~anagers, Stanley Consultants would not question the designers' design. That would not be their role. Their role would simply be to see that it is built according to their design. Mr. Carlino stated his firm had done all the processes involved in this project before. There was nothing that would be foreign to Stanley Consultants. He repeated, in his opinion, there would not be any increase if the City switched from one firm to another. - 32 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 The Commission discussed the factors involved. Mr. Curtiss remarked the purpose of the construction management service is not to inspect the work of the engineer but rather to observe the work of the contractor. He noted they were talking about far more than field observation and construc- tion. A large percentage of the engineers' work is involved in interpretation of the contract documents and determining whether the materials, equipment, etc., supplied by the Contractor, meet the intent of the contract document. He ~oted CH2M Hill, having designed the project, literally has Shelves of design notebooks related to this project. They Were in an excellent position to determine that intent. Mr. Curtiss stated there would definitely be additional costs involved in bringing in another firm and he explained why° Mayor Moore passed the gavel and moved to appoint Stanley ~onsultants. Vice Mayor Wische seconded the motion which ~arried 3-1. Commissioner Olenik voted against the motion. B. Appointment to Golf Course Advisory Committee (PREVIOUSLY TABLED) Commissioner Olenik moved that this topic be removed from ~he table. Vice Mayor Wische seconded the motion which Carried 4-0. ~ommissioner Otenik appointed John Serrentino to the alter- hate position on the Golf Course Advisory Committee. There Were no objections. Removal of Lift Station 359 from Active Service ~ohn Guidry, Director of Utilities' reasons for recommending removal of this Lift Station from active service were Outlined in his Memorandum No. 90-338, to the City Manager. ~ommissioner Olenik moved to accept the recommendations of ~taff. Vice Mayor Wische seconded the motion which carried 4-0. ~. Request for Proposal - Actuarial Study for General and ~ Auto Liability and Health Care Coverages ity Manager Miller noted there had been a question raised n whether these actuarial services needed to go out for RFP. After reviewing sections in Florida Statutes, Mr. Miller did not believe the City was required to do so. He ~equested the Commission sanction moving forward and ~llowing the Risk Manager to negotiate with the two firms ~nd then come back to the next regular Commission meeting ~ith a final recommendation. The Commission was agreeable to this arrangement. - 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 E. Naming of City owned parcel of land - Arbor Park (S.E. corner of Seacrest Blvd. and Woolbright Rd.) Commissioner Olenik moved to name the park at the S.E. corner of Seacrest Blvd. and Woolbright Rd. Arbor Park. Vice Mayor Wische seconded the motion which carried 4-0. F. Golf Course Relief Station Modifications Joe Sciortino, Golf Director's recommendations to not rebuild the septic system, but rather pursue a more per- manent solution, namely, hooking up to the sewer line, are outlined in his Memorandum NO. 90-046 to the City Manager. Vice Mayor Wische moved to accept the recommendation of Staff. Commissioner Artis seconded the motion which carried 4-0. G. Reclassification of two clerical positions in Police Dept. As outlined in Chief Hillery's Memorandum No. 90-067, it was recommended that two Shift Clerk positions be upgraded to Clerk II. ~ommissioner Olenik moved to approve the recommendations of ~taff. Commissioner Artis seconded the motion which carried 4-0. ~/. Copy Machines for City Hall Complex The recommendations of staff relative to copy machines in ~he Police Dept., Finance and Communications are outlined in Sharon Randolph, Assistant to the City Manager's Memorandum No. 90-0041S. Discussion took place about the cost of %easing vs. purchase, trade-in values, maintenance costs~ usage and the life expectancy of the machines. Vice Mayor Wische moved to approve the recommendation of ~taff. Commissioner Artis seconded the motion which carried I. Change Order No. 32 Seppala & Aho City Manager Miller recommended payment of this Change Order Qhich totalled $1,447.90. Vice Mayor Wische moved to approve payment of this Change Order. Commissioner Artis seconded the motion which carried 4-0. - 34 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 J. Appropriation of one million dollar insurance payment to the City (reference Tradewinds) City Manager Miller explained the City had received the $1,000,000 insurance check from International Surplus Lines Insurance Company. He proposed the following: i) That $294,000, which was paid out of the General Fund in September, 1989 for court fines in the Tradewinds lawsuit be reimbursed to the General Fund. 2) That the dollar balance of $706,000 be set aside in a contingency fund, which presently is substantially low. This would be utilized only in the nature of catastrophic events. The interest to be earned on this fund would be applied to the debt service payment (about $55,000 annually) for the 1990 Series Public Utility Tax Revenue Bonds so as to reduce the total annual debt impact on the General Fund. Mr. Miller stated the City currently had $893,000 in the ,Tradewinds bond issue." This, along with the approximately $700,000, if invested at 8%, would generate at least $125,000 per year, which could be applied to the debt ser- vice and reduce the $893,000 BNI on the Utility Bond. The Mayor and Commissioner Olenik didn't necessarily agree with this. Commissioner Olenik stated he would almost like to see the City use this money to reduce the bond reserve and use the money somewhere on needed projects in the coming budget year. He didn't mind keeping it where Mr. Miller proposed temporarily, but he wanted to revisit it when the Commission starts talking about the budget. Also, Commissioner Olenik didn't think $706,000 would go very far towards a catastrophic event. Mr. Miller pointed out if the City invested the money for a period of 20 years, you would be talking about bringing in over a million dollars. Commissioner Olenik responded then the City would have to either raise taxes or sell bonds to pay for the other projects the City wants to do. The Mayor remarked about the possibility of some politician '!grabbing" that money so taxes don't have to be raised, if this is put in the General Fund. He thought the City should investigate the possibility of reducing the bond issue and he explained. It was noted the City can't start paying the bond off until the year 2000. The $706,000 could be used to reduce this year's debt service so it wouldn't become a General Fund item for this year. Technical financial discussion ensued. - 35 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Commissioner Olenik moved to go along with the City Manager's recommendation for the time being, but he wished to revisit this at budget time. Vice Mayor Wische seconded the motion which carried 4-0. Resolution No. 90-LLLL Re: Authorizing Execution of Receipt and Release relative to $1,000,000 insurance reimbursement check City Attorney Cherof read proposed Resolution No. 90-LLLL by ~aption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYi~TON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR A~D CITY CLERK TO EXECUTE A CERTAIN RECEIPT AND RELEASE BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND INTERNATIONAL SURPLUS LINES INSURAi~CE COMPANY, FOR THE PURPOSE OF RECOVERING INSURANCE PROCEEDS UNDER POLICY NUMBER 524035275-3, A COPY OF SAID RECEIPT AND RELEASE BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." City Attorney Cherof stated the only caveat was that the ~elease is an overall release. The City has depleted the ~unds available under this particular policy. Olivia ~cLean, Director of Risk Management clarified it was ~epleted for the policy period in which Tradewinds occurred ~nd for any claims which may stem out of the Tradewinds litigation, such as Home Depot. Any other claims under ~rrors and omissions that occur out of the policy year in Which Tradewinds occurred, would be covered. Relative to he policy period in question, Ms McLean stated it would be ased on when the action occurred[ Discussion took place. Commissioner Olenik moved to adopt Resolution No. 90-LLLL. Vice Mayor Wische seconded the motion which carried 4-0. K. Task Order 8D - CH2M Hill engineering service to finish the design on the west water treatment plant and other modifications for Value Engineering Study City Manager Miller stated this was needed in order to domplete the design incorporating the modifications that the value engineering study identified. This will bring the ~esign plans from 90% to 100%. The total cost on this is 4248,000. Commissioner Otenik moved to approve Task Order SD. Vice Mayor Wische seconded the motion which carried 3-1. The Mayor voted against the motion. - 36 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 Vice Mayor Wische left the dais. L. Sign Variance on Cobb Theatres The City Manager recommended approval of the 2 variances, namely to Section 21-3 on the free standing sign and also Section 21-14(E)(3) which relates to number of signs. He did not feel their sign should exceed the maximum area of 160 sq. ft. The applicant had agreed to this. Commissioner Olenik had a problem approving a variance on this when the CAB had not reviewed it yet. Don Jaeger, Building Official ~ommented the CAB had approved an overall sign program and the applicant would have to comply with it. A represen- tative for the applicant stated they have two approved Colors for the center and colors used on the sign will con- form. As outlined in Michael Haag, Zoning & Site Development Administrator's Memorandum dated May 21, 1990 to the Building Official, one new free standing sign will be added. There will be a reader board on the new sign. Two other free standing signs will exist in conjunction with the shopping center which is to the south. Two signs will be located along Congress and one sign will be along 22nd Ave. The variance would be for the Cobb Theatre sign. Commissioner Olenik moved to approve the variance to allow an additional free standing sign which will state "Boynton Cinema 8" and will include the reader board of the movies. It will be located at the proximity of Congress Ave. and Quantum Blvd. Commissioner Artis seconded the motion which carried 3-0. Vice Mayor Wische returned to the dais. CONSENT AGENDA A. Minutes i. Special City Commission Mtg. Minutes of May 11, 1990 Regular City Commission Mtg. Minutes of May 15, 1990 3. Special City Commission Mtg. Minutes of May 21, 1990 4. Joint Workshop Mtg. of Chamber of Commerce & City Commission of May 22, 1990 5. Special City Commission Mtg. Minutes of May 24, 1990 - 37 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Flexible Benefit Plan - Premium Only The Tabulation Committee recommended awarding the bid to American General Group Insurance Company of Dallas, Texas the amount of $5,000.00. Utilities Complex Fence Repair and Replacement The Tabulation Committee recommended awarding the bid to Bulldog Fence Company of Boynton Beach, Florida in the amount of $17,850.00. Remarks were made about parking congestion at the site and the fact that it may get worse when the City begins ~onstruction on the east plant. 3. Treatment of Well Precipitation Production Wells %15, 16, 18, 19, 20, 21, 22 The Tabulation Committee recommended awarding the bid to ~eridith Corporation, Orlando, Florida in the total amount Of $148,218.00 4. Various Cleaning & Maintenance Machines and (1) Easy-Up Aerial Platform The Tabulation Committee recommended awarding the bid to ~arious vendors as outlined on Gene Lusk, Facilities ~anagement Supervisor's Memorandum No. 90-123 to the Purchasing Director. 5. Printing Quotation - 23 Items for Various Departments The Tabulation Committee recommended awarding the printing quotation to the lowest quote per item as indicated on the Pabulation Sheet, for a total amount of $3,054.64. 5. Apply Stucco Finish on Existing Perimeter Wall at the Public Works compound the Tabulation Committee recommended awarding the bid to ~entworth Plastering, Ft. Lauderdale, Florida. The base bid was $12,000.00. There is an additional $1,200.00 charge for the pressure cleaning, resulting in a total bid price of $13,200.00. 17,000 Consecutively numbered beach decals Tabulation Committee recommended awarding the bid to Semes Enterprises, Lake Worth, Florida in the total amount $1,615.00. - 38 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 8. Deep Tine aeration - Golf Course The Tabulation Committee recommended awarding the bid to the lowest bidder, Southern Green of Zachary, Louisiana in the amount of $3,185.00. 9. Sale of the Decision Data Model 6541-7 Printer to Computech As outlined in Michael Munro, Data Processing Director's May 29, 1990 memorandum to the Purchasing Director, the sale of the used Decision Data Model 6541-7 Printer to Computech for 4100 was recommended. i0. Renovation of ist Floor West Wing The Tabulation Committee recommended awarding the bid to RPM Construction Company, Deerfield Beach, Florida in the total amount of $171,270.00. ~t was noted relocation of employees will be necessary and the project will take 90 days. Remarks were made about the ~id of R.W. Scharf Company which would cost more but would inly take 45 days to complete. The City Manager remarked 45 ays was quick and he didn't really know if that could be ttained. This package nad been bid out saying 90 days. One person had come in and indicated they could do it in 45 days. Mr. Miller questioned whether the City could deviate ~rom the lowest responsible bidder. He could not see ~mposing any further restrictions that have not already been specifically noted in the bid documents. Supply & Installation of spike-proof carpeting for the Boynton Beach Municipal Golf Course Clubhouse, including restaurant, locker rooms, office and Pro Shop The Tabulation Committee recommended awarding the bid to ~he lowest bidder, Lantana Carpets & Interiors, Inc. of %antana, Florida in the amount of $12,060.00. C. Resolutions Proposed Resolution No. 90-MMMM Re: Reduction of Surety - Minto II (Platina) "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING REDUCTION OF SURETY FOR WATER AND SANITARY SEWER IMPROVEMENTS FOR THE MINTO II (PLATINA) PROJECT BY MINTO BUILDERS, INC." Proposed Resolution No. 90-NNNN Re: Support of National Endowment for the Arts Reauthorization - Requested by Mayor Gene Moore - 39 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TO SUPPORT REAUTHORIZATION OF THE NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES ACT OF 1965 AND CONTINUED FUNDING FOR THE NATIONAL ENDOWMENT FOR THE ARTS, NATIONAL ENDOWMENT FOR THE HUMANITIES AND THE INSTITUTE OF MUSEUM SERVICE FOR FY-1991 WITHOUT RESTRICTIVE LANGUAGE." D. Development Plans None. E. Consider contract extension with Wallace, Roberts & Todd, Inc. for Congress Avenue Park Development As outlined in Charles Frederick, Director of Recreation & Parks Memorandum No. 90-266, Commission authorization was requested to extend the expired contract of Wallace, Roberts & Todd, Inc. for a period of 12 months from May 3, 1990. The extension would include the bidding and construction supervision stages of the project. F. Request for disinterment from Boynton Beach Memorial Park - Lot 59 Cardella Jackson Cera requested the disinterment of cremains of her first husband, Charles J. Jackson from cemetery Lot 59 of the replat. She also requested the grave marker be removed and sent to Pittsburgh, Pennsylvania. G. Consider approval of Child Care Center purchases The Boynton Beach Child Care Center asked that the City pro- vide the following items for the Center: !) Flagpole - Delivered and installed for $1,620.00. 2) Picnic Table/Bench Unit $110.00 3) Bulletin Board for front lobby - $40 H. Reimbursement of legal fees for Ethics Commission Case t. Medard Kopczynski $654.50 2. Peter L. Cheney - $882.50 3. George N. Hunt - $2,049.95 Discussion took place regarding the fact that Mr. Hunt's legal charges were almost three times the amount of Mr. Cheney and Mr. Kopczynski's legal fees. Ann Toney's legal ~ees were under $1,000. The consensus was to approve payment on Mr. Kopczynski and Mr. Cheney's legal fees but to pull Mr. Hunt's bill out, so the charges can be checked into. - 40 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1990 I. Reaffirmation of City Commission's decision to hold July 4th celebration at Boat Club Park At the May 24, 1990 Special City Commission meeting it was decided that because of safety and insurance considerations expressed by Zambelli Internationale, the July 4th fireworks would not take place at Caloosa Park but rather would remain at Boat Ramp Park. The fireworks would be shot off a barge. The Commission needed to reaffirm this decision at a regular meeting. J. Approval of Bills See list attached to the original copy of these Minutes in the Office of the City Clerk. Vice Mayor Wische moved to approve the Consent Agenda. Commissioner Artis seconded the motion which carried 4-0. ADJOURNMENT The meeting properly adjourned at 11:00 P.M. ATTEST: City Clerk Recording Secretary (Six Tapes) Mayor Vice Mayor ommlssloner - 41 - 11. AGENDA June 5, 1990 XI. CONSENT AGENDA J cc: Mgmt Serv Utilities Finance Rec & Parks ACCUCAST, INC. 500 3/4" meter box lid w/ steel flap and 100 1" meter boxes. Pay from Utility Cap Improvement Fund- 404-334-5-651-00 $ 5,771.00 AMERICAN CALCULATOR & COMPUTER CO. Zenith supersport laptop computer. Pay from General Fund - 001-000-1-451.02 2,559.36 ALLIED LIME April Quicklime Deliveries. Pay from Water & Sewer Revenue Fund- 401-332-5-365-00 15,028.02 BARNETT BANKS TRUST COMPANY, N.A. Semi Annual paying agent fee for 1984A and 1985 Water and Sewer Bond Issue. Pay from Water & Sewer Fund - 401-841-5-795-00 2,407.30 BETHESDA HEALTH AND FITNESS CENTER April and May fitness testing and orientations - $332.00 March, April, and May Aerobic sessions - $728.00 Pay from General Fund - 001-135-5-482-01 1,060.00 BOYNTON BEACH CHILD CARE CENTER Payment 2 of 4 of funding recommended by Community Relations Board. Pay from General Fund - 001-194-5-988-00 6,250.00 BRUNO AUTO BODY AND PAINTING Repair of vehicle #168. Pay from Self Insurance Fund - 622-195-5-440-01 1,080.95 CENTER FOE FAMILY SERVICES May billing for employee assistance program. 1,344.00 COMPUTER SYSTEMS & APPLICATIONS, INC. Consulting and programming services performed during April, 1990. Pay from Water & Sewer Fund - 401-395-5-912-00 3,857.43 DEPARTMENT OF ENVIRONMENTAL REGULATIONS Permit application fee - Deep Injection Well. Pay from Utility Cap Improvement Fund - 404-000-0-690-10 3,000.00 DIAZIT COMPANY INC. Diazit Omni Trac Console. Pay from General Fund - 001-151-672-00 $975.38 Pay from Water & Sewer Fund - 401-392-5-672-00 $975.37 1,950.75 COMMISSION JUN $ 1990 APPI{uVAL 12. 13. 14. 15. 16. 17. 18. 19 .! 20. 21. 22.¸ 23. EASTMAN KODAK COMPANY April 1990 minimum billing and March 1990 Usage Billing. Pay from various departments. 1,182.59 FLORIDA MUNICIPAL LIABILITY SELF-INSURERS PROGRAM Deductible for claim of Joseph Pregadio - bodily injury resulting from stop sign on 6-22-86. Pay from Self Insurance Fund - 622-195-5-440-00 5,000.00 GEO TEC, INC. Invoice #1574 - Landfill monitor wells. Pay from Sanitation Fund - 431-341-5-962-00 3,600.00 IBM Maintenance for computer equipment for the month of May. Pay from various departments. 1,479.29 ITRON INC. Itron electric meter reading system. Pay from Utility Cap Improvement Fund - 404-000-0-690-10 Pay from Utiiity Cap Improvement Fund - 404-000-0-691-10 44,689.88 JOSIAS & GOREN, P.A. Legal representation for the month of April. Pay from General Fund - 001-141-5-461-00 11,818.95 MAC PAPERS INC. 115,000 City imprinted envelopes. Pay from Warehouse Fund - 502-199-5-925-01 1,221.65 MARTIN'S LAMAR Various clothing for Fire Department and Police Department. Pay from General Fund - 001-221-5-397-00 $ 9,039.20 Pay from General Fund - 001-211-5-397-00 $12,358.35 21,397.55 MIDWEST COMMUNICATIONS CORP. 1 Sony security monitor, 1 sony security video camera and camera power adapter, 2 wide angle converters, 1 Sony security camera and 5 various size lenses. Pay from Misc. Trust Fund - 691-000-1-691-20 2,198.00 MUSIC MAN, INC. 1Musser MS1 Xylophone. Pay from General Fund - 001-721-5-642-00 1,049.00 NEIGHBORHOOD FAMILY DOCTOR Pre-employment physicals for 18 employees and 2 annual physicals for Eirefighters. Pay from General Fund - 001-135-5-460-01 1,191.00 NEWTON SEATING COMPANY INC. Balance due on P.O. 77809 for Libray steel shelving. Pay from Building Improvement Fund - 304-194-5-640-20 4,123.19 COB//V/ SS ON JUN ~ 1990 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. ?BC SOLID WASTE AUTHORITY April 1990 statement for use of County landfill. Pay from Sanitation Fund - 431-341-5-490-01 PALM BEACH NEWSPAPERS, INC. Legal advertising for the month of April 1990. Pay from General Fund - 001-122-5-470-13 $1,675.78 Pay from General Fund - 001-122-5-475-00 596.93 P.B. & S. CHEMICAL CO. INC. April chlorine deliveries. Pay from Water & Sewer Fund - 401-332-5-363-00 PROFESSIONAL UNIFORM APPARAL CO. INC. 275 crew neck T-shirts with City logo. Pay from Warehouse Fund - 502-199-5-925-03 ROBERTS & REYNOLDS Professional services rendered thru 5-1-90. Police liability case. Attorneys selected through Fl. Municipal League. Pay from General Fund - 001-195-5-468-00 SAN BERNARDINO COUNTY PERSONNEL Annual membership fees for the Western Region Item Bank. Pay from General Fund - 001-135-5-395-00 SEPPAIA & AHO Application # 47 - Municipal Complex Phase II. Pay from various departments in the Building Imprv. Fund. SHERWOOD GMC TRUCKS INC. 1 ton GMC Truck - model C-350 to be used by Water Treatment Plant. Pay from Vehicle Service Fund - 501-193-5-681-00 SLAWSON, BURMAN & CRITTON Invoice #6415 - Final payment in full for professional services rendered. Pay from General Fund - 001-141-5-461-00 STATE OF FLORIDA - DEPT OF GENERAL SERVICES March 1990 Suncom telephone network charges. Pay from General Fund - 001-197-5-471-00 WOODBURY CHEMICAL COMPANY 40 gallons oftanol II for control of mole crickets. Pay from Golf Course Fund - 411-726-5-361-00 192,456.16 2,272.71 5.037.60 1,121.65 4,621.76 1,500.00 22,835.26 11,223.00 4,111.05 1,229.85 1,900.00 SSioN JUN ~ ~990 AP,H~,VAL These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recomend payment of these bills. J.[Scott Miller, City Manager COM VI SSiON JUN ,~ 1990 APP~JVAL --,-.-...__._~ FORUM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS DATE ON WHICU VOI'E OCCURRED NA tE OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMI'I-rEE THE ~ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMFITEE ON WH H ! SERVE IS A UNIT O~F- KY ',;T.ER,.OC^L^ ENCY NAME OF POLITICAL SUBDIVISION: WHO MUST FILE FORM 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 1'~2.3'143, FLORIDA STATUTES E C/ED 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 froln voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by. oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING XT WHICH Tt~-~VOTE WILL BE TAKEN: ' ! should complete and file this form (before making any attempt to inflUence the decision) with the person responsible for ~._~ording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mi~-~ of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ~.-~ ~, ~ (a) A measure came or will come before my agency which (check one) inured to my special private gain; or , - inured to the special gain of · by whom l'am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR~L~' 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, REPRIIVlAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM SB - 10-86 PAGE 2