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Minutes 04-17-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, APRIL 17, 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 6:15 P.M. Following a moment of silent prayer, the Pledge of Allegiance to the Flag was led by Commissioner Robert Olenik, Jr. ~AGENDA APPROVAL Under "ADMINISTRATIVE M." Commissioner Weiner wished to add discussion on School Crossing Guards. Under "OLD BUSINESS D." Commissioner Olenik wished to have an Update on the Kitchen Utensils for the Fire Station. Under "NEW BUSINESS B" he added discussion on Recycling Program. Under "ADMINISTRATIVE I." he wished to add the Affirmation of the Appointment of Betty Collins to the Community Relations Board." Under "ADMINISTRATIVE N." City Manager Miller wished to add She Governor's Proposal to Reduce Local Government Half Cent Sales Tax Trust Fund Money. ~ayor Moore wished to pull CONSENT AGENDA Items D. 1, 2, 3 and 4 relating to TGI Friday's Restaurant and Hunter's Run and move these up to V. DEVELOPMENT PLANS. Commissioner Olenik moved to approve the Agenda as amended. Vice Mayor Wische seconded the motion which carried 5-0. ANNOUNCEMENTS 1. Proclamations a) National Library Week - April 22 - 28, 1990 b) Annual Boynton Beach VIP Picnic - April 26, 1990 c) Soil & Water Stewardship Week - April 29, - May 6, 1990 d) National Youth Service Day - April 27, 1990 - Presentation to Youth Volunteers by Mayor Gene Moore Mayor Moore stated these Proclamations would be signed and forwarded to the appropriate partieS~. 1 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 In honor of National Youth Service Day, Mayor Moore and Sharon Randolph, Assistant to the City Manager presented Certificates of Appreciation to the following students who had volunteered their time to serve the City of Boynton Beach: Joni Beatrice, Keisha Hay, Johnny Harris, Monique Lewis, Roxanne Reyes and Ladeshia Skinner. The students were also presented with custom designed T-shirts. Introduction of New Assistant City Manager Mayor Moore introduced the new Assistant City Manager, Ms. Carrie Parker to the Commission and the audience. BIDS A. Construction of Improvements to the Boynton Beach East Water Treatment Plant It was noted this is not under the value engineering section of the project. These modifications will increase plant capacity from 17.5 to 20.5 MGD. The Tabulation Committee recommended awarding the bid to Elkins Constructors, Inc. of Jacksonville, Florida in the amount of $2,420,000.00. Funds will come from the water capital facility fee account. The engineering estimate for the cost of this was $2,353,000. Commissioner Olenik moved to award the bid to Elkins Constructors, Inc. of Jacksonville, Florida in the amount of $2,420,000. Commissioner Weiner seconded the motion which carried 5-0. PUBLIC HEARING None PUBLIC AUDIENCE Woodrow Hay, 427 N.W. 5th Avenue, Boynton Beach felt com- munity leaders should continue to work with young people in order to produce fine leaders for the future. The Commissioners were invited to a Community Fellowship at Sara Simms Park on Saturday, April 28, 1990 from i1:00 A.M. until dusk. Mr. Hay stated they were trying to bridge the gap between churches, peoples, etc. Mr. Leon Jenkins, owns the property located at 112 - 114 N.W. 10th Avenue, Boynton Beach. He referred to a problem which exists on the property located at Martin Luther King Blvd. and Seacrest. The lot adjacent to his is not main- tained and he referred to open alcohol consumption there. Photographs showing the condition of the property were pro- vided. Mayor Moore stated the City realized there was a MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17 1990 problem and was attempting to get an appraisal on the sub- ject lot for acquisition by the City, so the conditions could be improved. Commissioner Artis referred to a group of citizen volunteers who had agreed to clean up this particular property. Also, a problem solving committee had been put together and was going to meet with Police Chief Hillery in the next week or two. Mr. Larry Retay, 1229 N.W. 13th Avenue, Boynton Beach addressed the Commission as a resident of Sky Lake Subdivision. Mr. Retay lives along the C-16 Canal and he referred to problems with sand blowing into their develop- ment from Quantum Park. He thought they should be mandated to build a required 6' continuous barrier wall along the C-16 Canal. He complained about above ground power lines which exist in Quantum Park, across the canal. Mr. Retay was upset over the amount of noise produced by the Publix Warehouse trucks at night. He stated there was no sound barrier to diffuse noise coming into their neighborhood. He thought their operating hours should be restricted. He referred to construction of the Safety Kleen building which he felt would be storing hazardous and combustible materials right along the canal. He felt this posed an environmental and safety problem. Mr. Retay suggested a committee be established to protect the residents of Sky Lake from "further abuses by Quantum Park." A letter from the residents of Sky Lake dated April 16, 1990, and addressing these concerns was distributed to the Commissioners. Discussion ensued. City Manager Miller was asked to address these issues and to possibly arrange a meeting between the residents of Sky Lake and Quantum Park, in an attempt to resolve the situation. Mr. Retay stated there was no Ordinance in Boynton Beach which would provide for new construction sites to have a wind barrier. He remarked some communities spray the sand with water to keep it from blowing. He acknowledged there is presently a drought. DEVELOPMENT PLANS A. Project Name: Agent: Owner: Location: The Hamlet of Boynton Beach Jay Felner - Managing Partner Hamlet Joint Venture Company West side of N.E. 4th St. extended, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Description: between N.E. 17th Ave. and N.E. 20th Ave. SITE PLANS: Request for site plan approval to construct a 240 unit multi-family residential complex on 22.578 acres Jim Golden, Senior Planner explained this request came to the Commission with recommendations for approval from the TRB and Planning & Zoning Board. This had been placed under Development Plans due to the exceptions and credits the developer was requesting. Jay Felner, Managing Partner of the Hamlet Joint Venture Company requested final approval of the development. Reference was made to the City Commission previously discussing contributing $200,000 for infrastructure on this project, subject to Palm Beach County contributing $1,000,000. Mr. Felner made comments about the November 7, 1989 City Commission meeting where he had appeared with Mr. Remar Harvin. The County representatives will meet on Tuesday, April 24, 1990, at which time a decision should be made. Tim Cannon, Interim Planning Director interjected the deve- loper was requesting the City waive the recreation impact fee of $85,000. Ms. Johnnetta Broomfield, Director of Community Improvement referred to her April 4, 1990 memorandum to Jim Golden, Senior Planner and remarked that initially when the appli- cant came in they discussed recreation, the housing develop- ment and a day-care center. She was interested in when the site plans for the day-care center would be submitted and when construction would be complete. Ms. Broomfield noted the day-care center was one of the reasons why the Dept. of Community Improvement had expressed support of the project before the City Commission. Mr. Felner stated he had no problem with construction of the day-care center. The reason for the delay on the day-care Center had been related to an easement which ran through the ~iddle of the day-care center property. They are abandoning the easement. The applicant had been working with the Utilities Dept. towards a new pumping station so it could be put on the property in the proper location. Mr. Felner stated on the advisement of staff, the child-care center site plan approval was being handled separately. Commissioner Weiner didn't want to approve this site plan if the day-care center was not included on it. Mr. Felner 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17 1990 explained the day-care center was not included on this site plan because it is going to be located across the street on N.E. 4th Street, outside the walled community. The property for the day-care center is owned by the Hamlet Joint Venture. Mr. Felner stated they had been working with the City towards a lift station being constructed on a portion of that property. It was being handled separately so the housing portion of this project would not be delayed. Mayor Moore asked if that lift station was over and above the $200,000 and the $85,000. Commissioner Olenik recalled the $200,000 for infrastructure included the construction of the lift station. Mr. Felner responded that was correct. Discussion took place about assurance that the day-care Center would be built, when it was not included on this site plan. Relative to the loan approved by the State, Mr. Felner indicated the day-care center was included in the paperwork submitted to the State. Mr. Felner stated the center had to be completed when the apartments are ~ompleted. The site for the day-care center and lift sta- tion measures 165' x 332'. The lift station will occupy a 30' x 30' segment of that property. The child-care center will occupy 7,500 sq. ft. and will accommodate 150 children, which is the HRS regulation. Remarks were made about tying the day-care center in with issuance of the certificate of occupancy on the apartments. ~r. Cannon further explained the applicant could submit the day-care center on a separate site plan or he could submit it all on one site plan. One solution to this, in Mr. Cannon's opinion, would be to stipulate that after a certain number of building permits are issued, the developer would ~ave to come in with the site plan for the child-care Center. The child-care center would have to be under permit or the City would not permit the remainder of the apartment ~nits. Mr. Cannon didn't think it would be unlawful for the Child-care center to be attached as a stipulation, par- ticularly if the City is offering some type of financial incentive. City Attorney Cherof interjected this would have to be in ~he form of a stipulation joined by the developer as this Would be a unilateral imposition, conditioned subsequent to the approval of the site plan. He thought the City would be Sn "uncomfortable waters" if it tried to withhold later building permits, without a stipulation. Mr. Felner was agreeable to this being part of the motion. It was agreed that when 25% of the certificates of occupancy are in place, they would have to have the child-care center completed. (This changes later in the discussion.) This is all depen- dent on the developer getting the $1,000,000 from Palm Beach ounty. 5 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA APRIL 17 1990 Don Jaeger, Building Official requested this be tied into the permit issuance rather than the certificate of occupancy issuance. The certificate of occupancy is a ministerial duty of his position without discretion, if the building is completed according to the plans. The issuance of the per- mit should be the key. He suggested it be tied into a cer- tain number of buildings. Unless the developer came forward with a site plan and completed construction according to the permit, the City would then stop issuing permits. City Manager Miller thought it should be tied into 25% of the permits issued. Discussion ensued. Mr. Felner suggested they submit the site and building plans and go through the entire TRB process before they break ground for this project. Some Commissioners still wanted further assurance the center would be constructed. Mr. Felner asked, "What would you like me to do to assure you, so that you have a level of comfort?" The response was to bring in the site plan for the child-care center and finish it before 50% of the project is finished. Mr. Felner agreed. Discussion took place regarding forgiving of the 25% native habitat preservation. Mr. Cannon explained the requirement for the preservation of native habitat on this site is at the discretion of the City. This is a B-rated site and has been significantly disturbed. If the City didn't feel it was necessary to preserve the habitat, they could approve the project without that preservation requirement. The iandscape requirements of native vegetation would still be upheld. These numbers would not be deviated from. The waiver of the habitat and the waiver of the recreation requirements are part of this, if approval is given. Motion Vice Mayor Wische moved to approve the site plan for the Hamlet with all the amendments that had been mentioned, that is, the prohibitions on the child care center, with the $200,000 towards infrastructure included, subject to the County providing $1,000,000. This would also waive the $85,000. This would be subject to staff comments. The sti- pulations between the developer and the City will ultimately be in writing. Commissioner Artis seconded the motion. Henrietta Solomon, 230 N.E. 26th Avenue, Boynton Beach, was allowed to address the Commission, as a representative of MINUTES - REGULAR CITY CO~HISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17', 1990 Village Royale on the Green. Mrs. Solomon stated the area where this project is to be constructed suffers from high crime. She didn't think 240 rental units should be constructed in this area. In her opinion, affordable housing should be scattered throughout the City. She asked the Commission to consider the neighborhood this project is going into. Mayor Moore called for a vote on ~the motion which was on the floor. The motion carried 5-0. B. Consistency Review - Marine Canvas Sales and Fabrication The Planning & Zoning Board found this proposed Ordinance amendment to allow marine canvas sales and fabrication in the C-3 zoning district to be inconsistent with the Comprehensive Plan. The Board felt this was manufacturing. The Planning Dept. found it could be construed to be con- sistent with the Comprehensive Plan. Vice Mayor Wische thought the question was whether this was manufacturing or fabricating. The Vice Mayor thought if you are in the manufacturing business you are making large num- bers of these covers. He understands people who need boat covers come to this man to have custom tops designed and made. Discussion ensued about the types of businesses located in C-3. Various Commissioners expressed their views on whether this was manufacturing or not. ~aurice Rosenstock, Chairman of the Planning & Zoning. Board explained why the Planning & Zoning Board felt this business was manufacturing the boat covers. Don Jaeger, Building Official remarked Code Enforcement per- sonnel had visited the site and done on-site inspections for the occupational license. Commissioner Olenik wanted to know how many sewing machines the business had. If it was one machine it might amount to repair. If there were 20 sewing machines it might be manufacturing. Reference was made to William Branch's February 13, 1990 letter to Don Jaeger which indicated the business had two small sewing machines. ~ayor Moore remarked this business didn't take up more than about 800 sq. ft. He didn't think that amounted to a manu- facturing plant. He didn't think the landlord should be deprived of reasonable use of his property. Commissioner Olenik asked what was to prevent this from becoming a large facility in the C-3 zone? Discussion ensued. 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Motion Commissioner Weiner moved that marine canvas sales and fabrication be found inconsistent in the C-3 zone. Commissioner Olenik seconded the motion. Commissioners Weiner and Olenik voted in favor of the motion. Mayor Moore and Vice Mayor Wische voted against the motion. Commissioner Artis requested she be allowed to ask a question. Commissioner Olenik stated she couldn't ask a question when there was a vote on the floor. Disagreement took place. Commissioner Weiner asked Attorney Cherof to rule on parliamentary procedure. Attorney Cherof stated when the vote is in progress there should be no further discussion. Disagreement took place regarding the content of the motion. Commissioner Olenik briefly left the dias. The Recording Secretary was asked to repeat the motion. Commissioner Artis voted in favor of the motion which carried 3-2. Commissioner Olenik returned to the dias. Development Plans The following four items were pulled from the CONSENT AGENDA to be considered under this portion of the meeting. ~ Project Name: Agent: Owner: Location: Description: TGI Friday's Restaurant John Gary First American Plaza Associates North Congress Ave. at the Boynton C-16 Canal, Southwest corner SITE PLANS: Request for site plan approval to construct a 6,000 sq. ft. restaurant consisting of 227 seats on 1.68 acres The Planning and Zoning Board unanimously recommended appro- val of this request. Mr. Tom Houlihan, President of Pro Properties Inc., was present to represent TGI Friday's. they had agreed to all staff comments. of Florida, He indicated Commissioner Olenik moved for the approval of subject to staff comments. Vice Mayor Wische motion which carried 5-0. the Site Plan, seconded the Project Name: Agent: Owner: Location: Hunter's Run Tract G "Hampshire" Lawrence Somach Hampshire Condominium Assoc., Inc. West side of South Congress Ave., between the LWDD L-28 and L-30 8 MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA APRIL 17, 1990 Description: Canals SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for entrance signage and modifications The Planning and Zoning Board unanimously recommended appro- val of this request. Project Name: Agent: Owner: Location: Description: Hunter's Run Tract A "Southport" Tim Gietz Southport Condominium Assoc., Inc. West side of South Congress Ave., between the LWDD L-28 and L-30 Canals SITE PLAY, MODIFICATIONS: Request for approval of an amended site plan to allow for an optional den addition The Planning and Zoning Board unanimously recommended appro- 9al of this request. Project Name: Agent: Owner: Location: Description: Hunter's Run Tract L "Woods" Tim Gietz Woods Condominium Assoc., Inc. West side of South Congress Ave., between the LWDD L-28 and L-30 Canals SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for an optional garage addition The Planning and Zoning Board unanimously recommended appro- val of this request. Vice Mayor Wische moved to approve the Site Plan Modifications on Items 2, 3 and 4. Commissioner Weiner seconded the motion which carried 5-0. LEGAL A. Ordinances 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 90-5 Re: Repair of Motor Vehicles in C-3 Zoning City Attorney Cherof read proposed Ordinance No. 90-5 by title only: 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX A, ZONING, SECTION 6.C.i.cc. AND 1B.d., ALLOWING FOR REPAIR OF MOTOR VEHICLES SUBJECT TO CERTAIN LIMITATIONS AND CONDITIONS; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF APPENDIX A - ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was none, THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik asked Mr. Cherof if this had been adver- tised properly. Mr. Cherof indicated it had been. The question was raised as to whether the City needed a second Public Hearing on this. Mr. Cherof stated that was what the Notice provided for. The Commission really couldn't vote on this at this time. The next Public Hearing on this will be held April 24, 1990 at 5:05 P.M. This material was included in the same ad as the Adult Entertainment. Vice Mayor Wische moved to authorize the City Attorney to proceed with the required public advertisement for the Second Public Hearing on April 24, 1990. Commissioner Weiner seconded the motion which carried 5-0. Proposed Ordinance No. 90-6 Re: Changing Calendar Year to Fiscal Year - Employees Pension Plan City Attorney Cherof read proposed Ordinance No. 90-6 on 2nd and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE 11. EMPLOYEES' PENSION PLAN. DIVISION 1. GENERALLY., OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SEC. 18-55. DEFINITIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF ARTICLE II. EMPLOYEES' PENSION PLAN. DIVISION 1. GENERALLY., NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As there was none, THE PUBLIC HEARING WAS CLOSED. 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Commissioner Olenik moved to adopt Ordinance 90-6 on 2nd and final reading. Vice Mayor Wische seconded the motion. A roll call vote was taken by Sue Kruse, City Clerk, as follows: Vice Mayor Wische Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 90-8 Re: Renew 30 Year Franchise with Florida Public Utilities City Attorney Cherof read proposed Ordinance No. 90-8 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE RENEWAL OF A GAS FRANCHISE WITHIN THE CITY; GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A GAS FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Attorney Cherof noted the Agenda indicated this to be a 20 year franchise. This should be corrected to 30 years. Commissioner Olenik asked if the Commission wanted to grant exclusive franchises. Discussion ensued. Wilfred Hawkins, Assistant to the City Manager, Ombudsman clarified there was no wording in the Contract that said this would be exclu- sive. Commissioner Olenik moved to adopt Ordinance No. 90-8 on first reading. Vice Mayor Wische seconded the motion and a roll call vote was called by Sue Kruse, City Clerk as follows: Commissioner Artis Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Aye Aye Aye Motion carried 5-0. 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 2. Proposed Ordinance No. 90-9 Re: Code Change to Parking Lot Ordinance City Attorney Cherof read proposed Ordinance No. 90-9 on first reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE X. PARKING LOTS. SECTION 5-141. DEFINITIONS; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF ARTICLE X. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Don Jaeger, Building Official indicated this was needed in order to separate vacant paved lots from active parking lots. Mr. Jaeger felt if a lot is paved and vacant and yet Rot utilized for parking, the remedy should be merely blockading it off for the access of vehicles rather than Striping the site, sodding it and then it becoming a vacant iot with maintenance problems. ~ommissioner Olenik interpreted this material, as changed, ko say a parking lot could have vehicles stored there and be a conforming parking lot. Mr. Jaeger said that is not what Was meant. Attorney Cherof indicated that is what it says. ~urther technical discussion ensued. Becaus~ of the dif- ference of interpretation on the part of Mr. Jaeger and Mr. Cherof, Commissioner Olenik moved to TABLE this proposed Ordinance. Commissioner Weiner seconded the motion which Carried 5-0. Proposed Ordinance No. 90-10 Re: Changes to Appendix C Don Jaeger, Building Official indicated he had initiated this for the purpose of "closing a loophole." Now, nor- mally, Master Plans are approved very preliminarily in the platting procedure. This section would require the Building Dept. to issue a permit on the approval of a Master Plan With no final plat approved and no sureties posted. He thought that presented a problem because once a permit is. issued he has to issue a certificate of occupancy and Without the sureties, the City is not assured it is going to get the necessary public improvements which would provide for water, sewer and roads to the building upon issuance of the certificate of occupancy. City Manager Miller agreed this was needed. Other remarks were made. City Attorney Cherof read proposed Ordinance No. 90-10 on first reading by caption only: 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING APPENDIX C. SUBDIVISIONS, PLATTING, ARTICLE VIII, SECTION 5.D.7.; PROVIDING THAT EACH AND EVERY OTHER TERM AND PROVISION OF APPENDIX C. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A cONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Based on the recommendation of the Building Dept. and City Manager Miller, Vice Mayor Wische moved to adopt Ordinance No. 90-10 on first reading. Commissioner Artis seconded the motion and Sue Kruse, City Clerk took a roll call vote as follows: Commissioner Olenik Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Aye Aye Aye Aye Motion carried 5-0. Resolutions 1. Proposed Resolution No. 90-BBB Re: Implementation of Florida's Clean Indoor Air Act City Attorney Cherof read proposed Resolution No. 90-BBB by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IMPLEMENTING THE "FLORIDA CLEAN INDOOR AIR ACT", ADOPTING THE PROVISIONS THEREOF, DIRECTING CITY ADMINISTRATION TO DEVELOP, IMPLEMENT, AND POST A POLICY REGARDING DESIGNATION OF SMOKING AND NON-SMOKING AREAS; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Commissioner Olenik moved to adopt Resolution No. 90-BBB. Commissioner Weiner seconded the motion which carried 5-0. Proposed Resolution No. 90-CCC Re: Amended Agreement between Palm Beach County and the City - Community Development Block Grant Time Extension City Attorney Cherof read proposed Resolution No. 90-CCC by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE 13 MINUTES - REGULAR CITY COMMISSION MEETING BOY'TON BEACH, FLORIDA APRIL 17, 1990 MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AMENDED AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY WHICH EXTENDS THE EFFECTIVE DATE OF SAID AGREEMENT DATED NOVEMBER 1, 1988, FROM APRIL 30, 1990 TO SEPTEMBER 30, 1990, A COPY OF SAID AMENDED AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt Resolution No. 90-CCC. Commissioner Artis seconded the motion which carried 5-0. 3. Proposed Resolution No. 90-DDD Re: Amendment to Interlocal Agreement - E911 Funding City Attorney Cherof read proposed Resolution No. 90-DDD 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 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE ENHANCEMENT AND MAINTENANCE OF THE E-9-1-1 EMERGENCY TELEPHONE NUMBER SYSTEM, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Olenik moved to adopt Resolution No. 90-DDD. Vice Mayor Wische seconded the motion which carried 5-0. Proposed Resolution No. 90-EEE Re: County Branch Library Because of the importance of this particular Resolution, on the instructions of the Mayor, City Attorney Cherof read the Ordinance in its entirety. (Only the caption follows in these Minutes.): "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, OPPOSING THE LOCATION PROPOSED BY THE PALM BEACH COUNTY BOARD OF COMMISSIONERS FOR A LIBRARY BRANCH ON BOYNTON BEACH BOULEVARD AND STRONGLY RECOMMENDING PLACEMENT OF A BRANCH LIBRARY IN THE VICINITY OF JOG ROAD AND N.W. 22ND AVENUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Moore stated the City had for years effectively ser- viced the area west of it. There had been a County Library system established and they were attempting to come into the area the City is servicing. The City will be paying for this through County taxes. This could simply be moved to the area the City is requesting. The Mayor thought it was 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA APRIL 17, 1990 critical the City attempt to induce the County Commissioners to go along with this. City Library staff and many citizens in the County had agreed with what the Mayor was saying. Phil Leslie, President of COBRA supported what the County was trying to do. He didn't feel the City Library could accommodate the 90,000 people who are estimated to be resi- dents of Boynton Beach and the area west of the City five years from now. Mr. Leslie thought COBRA's recommended location was geographically in the center of development West of the City. Mr. Leslie indicated 2,000 homes will be within walking distance of this proposed location. Mr. Leslie stated the new Library would more than likely become an extension of the City Library. He had checked and found continuing of reciprocal services with the County will not be changed by the construction of this Library. Mayor Moore did not agree that the County's proposed loca- tion was geographically in the center of the area. The Mayor felt the City's recommended site would better serve the area. Mayor Moore thought one reason COBRA was sup- porting the County's proposed location was because it would provide a more conveniently located meeting location for COBRA's purposes. Other remarks were made. Commissioner Weiner moved to adopt Resolution 90-EEE. Vice Mayor Wische seconded the motion which carried 5-0. Commissioner Weiner thought the Resolution was fine but she ~elt more "clout" should be added. She requested the City Manager draft a letter to each member of the County Commission stating the City's opposition in firm terms, to the proposed location. She suggested a Petition be drafted and placed in the Library or circulated by Friends of the Library, in opposition to the new location. Reference was made to the letter from the V.R.G. Owners League, Inc. President dated April 6, 1990. Commissioner Weiner moved that this letter be adopted as part of the Resolution. Vice Mayor Wische seconded the motion which Carried 5-0. Proposed Resolution No. 90-FFF Re: Supporting Governor Bob Martinez' Bill relative to increased funding for the CARL Project City Attorney Cherof read proposed Resolution No. 90-FFF by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY,TON BEACH, FLORIDA, AND THE COMMUNITY REDEVELOPMENT 15 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 AGENCY-COMMERCIAL BOARD SUPPORTING "PRESERVATION 2000", BILL PROPOSED TO THE STATE LEGISLATURE BY GOVERNOR BOB MARTINEZ WHICH WILL PROVIDE FOR A $3.2 BILLION INCREASE IN FUNDING FOR THE CONSERVATION AND RECREATION LAND (CARL) PROGRAM; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES." A Commissioner Olenik suggested that Section 2 of this Resolution be amended so that copies of the Resolution be sent to the Governor, The Nature Conservancy and all State Legislators in Palm Beach County. Commissioner Weiner moved to adopt Resolution No. 90-FFF as amended. Vice Mayor Wische seconded the motion which carried 5-0. 6. Proposed Resolution No. 90-GGG Re: Support of Boynton Beach Blvd. Bridge over Intracoastal City Attorney Cherof read proposed Resolution No. 90-GGG by caption only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, TO SUPPORT A NEW INTRACOASTAL BRIDGE CROSSING BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF OCEAN RIDGE AT AN ALIGNMENT WHICH IS AN EXTENSION OF BOYNTON BEACH BOULEVARD; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." City Manager Miller indicated he recently had a visit from one of the Planners of the Treasure Coast Regional Planning Council that had conducted a review of this. A report was awaited by the City Manager. Mr. Miller had spoken with the Senior Planner for the Treasure Coast Regional Planning Council who had indicated that in their discussions with the DOT and DER, there was an outside chance a recommendation would be forthcoming for a two lane, mid-level bridge to be constructed across Boynton Beach Blvd. It was indicated to the City Manager that this should be studied further as it might result in a compromise. Mr. Miller indicated a meeting was scheduled for April 20, 1990 at 9:30 A.M. in Stuart, Florida. A City representative would be present. Discussion ensued between the Commissioners and the City Manager. The Mayor asked if the Commission wished to table this matter until the April 20 meeting takes place and more information is available. Commissioner Olenik noted proposed Resolution No. 90-GGG doesn't really talk about the size of the bridge but rather 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 the placement of the bridge. He suggested the Commission move ahead on the Resolution. Commissioner Olenik moved to adopt Resolution No. 90-GGG. Commissioner Weiner seconded the motion which carried 5-0. A report will be provided the Commission after the April 20 meeting. Richard Gram, Chairman of the Community Redevelopment Agency-Commercial produced a copy of the Chamber of Commerce's 1990 magazine. He also exhibited pictures demonstrating the visual affect of a large bridge as opposed to the underground tunnel concept. Commissioner Olenik understood the DOT felt the tunnel concept was cost prohibi- tive. Mr. Gram stated the CRA-Commercial had not had an oppor- tunity to take an official position on this matter, so he was speaking for himself only. He referred to discussion with Ocean Ridge Town Attorney Nicoletti at the April 12, 1990 CRA-Commercial meeting. Attorney Nicoletti had indi- cated Ocean Ridge would like to see a cooperative group established where the two communities could resolve this problem. The recreational facilities on the Ocean Ridge side are irreplaceable in Mr. Gram's opinion. These facilities belong to the people. He thought it would be a serious mistake to create high speed automotive traffic over to a service road (A1A), which was meant to serve people. Mr. Gram felt a four lane bridge would be a monstrosity and he explained. Remarks were made about possibly creating parking along the FEC railroad and "tramming" people to the recreational areas on the beach, in the long term population development. Mr. Bob Fetrow with Gator Engineering Services requested this be tabled until more information is available. He did not think it was a good idea to take this piece of prime CBD land for a bridge. Comments were made about the possibility of future redevelopment at the Water's Edge Marina. Commissioner Olenik indicated he personally didn't see a need for anything more than a two lane bridge. He was more concerned with seeing the bridge at Boynton Beach Blvd. He thought if the Commission could agree on whether a 2 lane, mid-level bridge was acceptable, then the City's represen- tative would have that information for the April 20 meeting. Mayor Moore made remarks about a newspaper article by Mr. Harry Stein at Coastal Towers. The Mayor thought if they 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17 1990 "fooled around" with anything where the old bridge is located, Coastal Towers would "fall into the sea." The Commission decided to wait until the City representative comes back from the April 20 meeting before making a deci- sion. 7. Proposed Resolution No. 90-HHH Re: Contract with Reynolds, Smith & Hills, Capital Improvements Element Compliance Inc. for City Attorney Cherof read proposed Resolution No. 90-HHH 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 HUNTER SERVICES, INC., FOR PROFESSIONAL SERVICES TO ADDRESS ISSUES RAISED IN DCA'S FINDING OF NON-COMPLIANCE FOR THE CAPITAL IMPROVEMENTS ELEMENT, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." City Manager Miller indicated the City prepared the CIP Element itself and it had been found to be in non- compliance. Commissioner Weiner moved to approve Resolution No. 90-HHH. ~his is not to exceed $8,000. Vice Mayor Wische seconded the motion which carried 4-1. Mayor Moore voted against the motion as he thought this should be done in-house. e Proposed Resolution No. 90-III Re: Accepting Letter of Credit - Cocoa Pine Estates - Landvision, Inc. City Attorney Cherof read proposed Resolution No. 90-III by caption only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A LETTER OF CREDIT RELATED TO COCOA PINE ESTATES, RELEASING A PREVIOUS LETTER OF CREDIT, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." In answer to a question raised, Attorney Cherof indicated this was an acceptable type of surety in this instance. This is a utilities related Letter of Credit. It was ~eiterated that the City should not allow these Letters of Credit to expire. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Vice Mayor Wische moved to approve Resolution No. 90-III. Commissioner Weiner seconded the motion which carried 5-0. A brief recess was declared at 8:10 P.M. The meeting resumed at 8:20 P.M. Other 1. Proposal of Quantum Corporate Park to publish their Notice of Intent to enact special legislation City Manager Miller had asked Mark Raymond, the City's Bond Counsel to come on board, at least on the inception of this, due to the technical financing aspects of the proposal. Mr. Raymond agreed. At this point Mr. Raymond was not billing the City, however, if he continued to be used, Mr. Miller thought the charges were something that either Quantum or Deutsch Ireland would have to pick up. Mr. Mark Raymond explained Deutsch Ireland had a proposal in mind which would involve the adoption of a special act relating to Boynton Beach. In order to get a special act adopted in Florida, you have to put a notice in the newspaper stating you intend to seek enactment of that bill. The notice has to be in the newspaper 30 days before the bill is introduced to the legislature. Mr. Raymond noted the 1990 regular session of the legislature ends at the end of May so very little time exists. The notice would need to be published immediately. The Commission was being asked to allow Deutsch Ireland to put that notice in the newspaper. It would not obligate the City to support the enactment of the legislation. Before anything further could happen, the Commission would have to consider the bill and whether the City wished to support it. The local legislative delegation would not support enactment without the City's further consent. Even if the bill was passed as law, the City would not be obligated to do anything authorized by the bill. Mr. Raymond explained how this bill would enhance the powers of the City. A two-pronged project was being proposed. One prong related only to Quantum Corporate Park. The other prong related to the development of the 1-95 interchange. Both programs would involve the creation of an assessment district by the City. That is, the definition of the geographic area within the City that would be subject to special assessments levied by the City to pay for programs undertaken within those areas. It would probably also involve the issuance of bonds. 19 MINUTES - REGULAR CITY. COMMISSION MEETING BOYNTON BEACH, FLORIDA A-PRIL17 1990 For an example, Mr. Raymond stated you could create an assessment district to build the 1-95 interchange. Bonds would be issued. The proceeds of the bonds would be used to build the interchange. The bonds would be paid back from assessments levied against the land within this district. There was also a potential for reimbursement from the State. The special act would make it clear that the City had the ability to establish these assessment districts, to levy these assessments and to undertake these programs, that is the 1-95 program and a program of purchasing public improve- ments within Quantum Corp. Park. This would consist of roadways and environmentally sensitive lands. The bill would allow the City to do similar improvements anywhere in the City. This was "enabling" legislation. If the City wanted to do certain programs, it could adopt a Resolution or an Ordinance that would let the City do that. Mr. Raymond noted it was possible the City already had that legal authority, but because these programs could involve the issuance of bonds and because it should be crystal clear that the City had that authority, Mr. Raymond thought the legislation was a good idea. Motion Vice Mayor Wische moved that this be approved with the clear understanding that the City is under no obligation to approve the legislation once it is submitted to the Commission. The Commission would need input from the City Manager as to the form of the legislation. The City authorizes Deutsch Ireland to proceed with the adver- tisements, without obligation, financial or otherwise on the part of the City. Commissioner Olenik seconded the motion for discussion purposes. City Manager Miller remarked Steven Deutsch was working towards a proposal which would not cost the City a dime. Other remarks were made. Commissioner Weiner thought the Commission wanted to help Quantum Park, as the future eco- nomy of the City is tied up with the success of the park. Mowever, she wanted to be very careful about beginning on a path like this, which in her opinion, had the potential of costing the City millions of dollars. Vice Mayor Wische stated the only thing the Commission was voting on was to give them permission to advertise. The Mayor called for a vote on the motion. The motion carried 4-1. Commissioner Weiner voted against the motion. 2O MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17 1990 2. Suspension of Contract with Spillis Candela & Partners, Inc. - Multipurpose Recreation Facility After brief discussion, Commissioner Olenik moved to suspend this Contract until March 1, 1991, according to the recom- mendation of staff. Vice Mayor Wische seconded the motion which carried 5-0. 3. Water Service Agreement within Tropical Terrace Subdivision a) Daniel & Celeste Vasques South 25 feet of Lot 37 and Lot 38 Vice Mayor Wische moved to approve this Water Service Agreement. Commissioner Olenik seconded the motion which carried 5-0. OLD BUSINESS A. Fourth of July Program Commissioner Weiner,~thought it was unpatriotic not to have a Fourth of July celebration and she expressed her views. Remarks were made about surrounding communities not expressing interest in doing a joint fireworks display with the exception of Ocean Ridge which was willing to contribute about $300 only. Discussion ensued. The Mayor indicated he was still trying to get a barge. It was not easy obtaining a 100' barge for one day only. The Mayor was also checking into other alternatives and requested a few more days to work on this. Other opinions were expressed by the Commissioners. Commissioner Weiner moved Fourth Program this year. motion which carried 5-0. that the City provide the July Commissioner Olenik seconded the Commissioner Weiner moved that the City provide day-time activities for July 4th to the extent that it had been pro- vided in the past. Last year it cost about $2,800. She proposed the City have the same kind of activities this year. Commissioner Olenik seconded the motion which carried 5-0. The other aspects were deferred so the Mayor would have a little more time to work on this. B. Authorization to SunTrust to proceed with Public Service Tax Revenue Bonds, Series 1990 without refinancing Series 1984 (Golf Course) bond issue City Manager Miller stated this had been considered at the April 11, 1990 mee%ing. It was before the Commission at 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17,~ 1990 this time for affirmation. Mr. Miller indicated the "Net Present Value Savings" were not substantial enough to warrant the refinancing at this time of the 1984 (Golf Course) Bonds, in connection with the Tradewinds settlement. He remarked the City was only able to refinance the 1984 issue one more time and he explained why he didn't feel this was the time. Commissioner Olenik moved that the Commission reaffirm ~he motion made at the Special City Commission meeting on April 11, 1990 to not go through with refinancing of the 1984 (Golf Course) Bonds. Vice Mayor Wische seconded the motion which carried 5-0. C. Request of Casa Blanca Development for an aesthetic design change City Manager Miller referred to an April 16, 1990 letter which requested reconsideration, otherwise the applicant would be seeking legal alternatives. Brief discussion ensued relative to the fact that the Commission had already made a decision on this matter. Vice Mayor Wische moved to deny the request for recon- Sideration. Commissioner Olenik seconded the motion. City Attorney Cherof noted the letter indicated the appli- cant's attorney beleived his client would have some cause of action against the City for damages in the neighborhood of $750,000, associated with the City's refusal to permit a change in the site plan to substitute asphalt shingles for a barrel tile roof. There were other allegations with respect to what the developer felt were deviations from the ordinary process that the City has in conjunction with building per- mits. Mayor Moore called for a vote on the motion. carried 5-0. The motion D. Update on Kitchen Utensils for Fire Station Commissioner Olenik was interested in the status of the purchase of needed items for the Fire Station kitchen. He understood the purchases had not been made yet. Remarks were made about the purchasing policy of obtaining three prices. City Manager Miller explained that policy is stan- dard on purchases over $500. The City Manager was asked to get together with the Fire Chief and the third person involved tomorrow to resolve this. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NEW BUSINESS APRIL 17, 1990 A. Request for property appraisals for City owned lots adja- cent to Ocean Ridge Town Hall City Manager Miller stated he would only like to obtain an appraisal on the southern lot at this time, because he didn't think the City should relinquish ownership of the northern lot. The City Manager would eventually like to see a parking lot on the northern lot. Remarks were made about zoning for parking lots and the measurements of the two lots. Commissioner Olenik moved to get the appraisal on the southern lot. Vice Mayor Wische seconded the motion which carried 5-0. B. Recycling Program Commissioner Olenik thought the Commission should consider putting together some sort of legislation that would require the City, when possible and feasible, to purchase recycled materials such as paper, car stops, etc. Commissioner Olenik moved that staff put together a compre- hensive recycling program for the City. Purchases made at City Hall itself are to be included. Commissioner Weiner seconded the motion which carried 5-0. CITY MANAGER'S REPORT Special City Commission Meeting In accordance with Section 56 of the City Charter, City Manager Miller announced there would be a Special City Commission meeting on Tuesday, April 24, 1990 at 5:05 P.M. to consider the Adult Entertainment Ordinance. The per- mitted use changes would affect the C-4, C-3, PID and M-i Zoning Districts. Commissioner Weiner remarked that Maurice Rosenstock had pointed out one particular parcel on the advertisement map run was zoned the way it was before it was rezoned in the Comprehensive Plan. She wanted to make sure this would not Cause a problem. Attorney Cherof and the City Manager had assured her that even though there was a minor error on the map, the Comprehensive Plan is correct. It was noted that the parcel was not affected by this Ordinance. Joint Meeting Between City Commission and Chamber of Commerce City Manager Miller noted the full Commission would not be able to attend the joint meeting scheduled for April 28, 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 1990. The meeting was rescheduled to Saturday, May 26, 1990 from 8:00 A.M. to 12:00 A.M., subject to clearance with the Chamber of Commerce. ADMINISTRATIVE A. Consider clarification of Commission's request to approve future change orders (Previously TABLED) This item remained TABLED. B. Engineering Construction Inspection Servies for West Water Plant Construction Project This item remains TABLED until the Value Engineering is completed. C. Approve Proposed Budget Schedule of Workshop Meetings The Commission had been provided with a proposed Budget Schedule of Workshop meetings. As usual, there will be three budget workshop meetings. The City Manager noted the third of these workshops will be a Special Commission meeting. He explained the Commission couldn't take any legislative action at a workshop. Because of a conflict, the July 19, 1990 Budget Workshop was Changed to Monday, July 23, 1990. Commissioner Weiner moved to approve the proposed Budget Schedule. Vice Mayor Wische seconded the motion which Carried 5-0. D. Consider request for carpet replacement in Golf Course Clubhouse and parking lot restriping As outlined in Joe Sciortino, Golf Director's memorandum ~90-037, it was recommended that the Golf Course Clubhouse carpet be replaced and the parking lot restriped. Vice Mayor Wische moved to approve this recommendation~ Commissioner Weiner seconded the motion which carried 5-0 E. Concurrency Management Ordinance Workshop Tim Cannon, Interim Planning Director explained the City had to adopt a Concurrency Management Ordinance which had to be in place as of June 1, 1990. On development projects sub- mitted after that date, this would ensure that public facilities are available consistent with the levels of ser- vice in the Comprehensive Plan. A workshop with the 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Commission and the Planning & Zoning Board needed to be set up so the Ordinance could be discussed. Comments were made about possibly setting up a workshop during the first two weeks in May. Mr. Cannon noted the Planning Dept. was nearing completion of the Ordinance at this time. It would be submitted to the City Attorney for his review. Mayor Moore thought it would be easier for the City Attorney to prepare the Ordinance himself rather than having to reword someone else's draft. He thought the Commission should establish a policy that any legal documents should be prepared by the City Attorney. Staff could provide input in the form of a memorandum. City Manager Miller was asked to set up this joint meeting. F. Consider Boynton Beach Motors application for the licensing of used car sales City Manager Miller reported this legal nonconforming use is located at 1009 N. Federal Hwy. A used car lot required approval of the City Commission prior to the issuance of a license. The City Manager and Building Dept. had visited the site and five conditions were recommended as conditions of approval. These conditions are outlined in Don Jaeger, Building Official's memorandum 990-137 to the City Manager. Discussion ensued with the City Manager and Building Official regarding the fact that this used car lot had been located at this site for years, however, the previous owner's occupational license expired in September, 1989. He later sold the business and the new owner had applied for an ~ccupational license (within six months) to operate at this ~ite. Mr. Jaeger noted the Code allowed for the Commission ~o place restrictions on the approval at this point, if it Chose. Discussion took place. Mr. Jaeger explained this ~as a nonconforming use because it didn't have conditional Use approval. City Attorney Cherof explained the conditions the City is ~ow able to impose on this property flow through the occupa- tional license process, not through any zoning. It flows ~nder Section 30-20 of the Code which creates this special ~reatment for occupational licenses for used car lots. The property was grandfathered in, the license was not. Cynthia Greenhouse, 618 N.E. 20th Lane asked Mr. Cherof if as a conditional use, the occupational license had to be granted. Mr. Cherof responded the City couldn't refuse it. Qther remarks were made. Vice Mayor Wische moved that the Commission approve the occupational license for the used car lot with the five sti- Pulations stated in the Building Official's memorandum. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17~ 1990 Commissioner Olenik seconded the motion which carried 4-1. Mayor Moore voted against the motion. G. Reorganization of City's Engineering Department The proposed reorganization was outlined in the City Manager's Agenda Memorandum No. 90-130, dated April 17, 1990. City Manager Miller explained the City does not need to have a licensed engineer on staff as Gee & Jenson serves as consulting engineers at this time. They are professional engineers with a seal. They are used only as needed and review all matters that require a registered engineer's attention. Mr. Miller noted Gee & Jenson are also used on areas of dispute and interpretation. Vice Mayor Wische moved to approve the reorganization of the City's Engineering Dept., in accordance with the City Manager's recommendation. Commissioner Weiner seconded the motion which carried 5-0. I. Board Appointments Commissioner Olenik moved that the board appointments be removed from the table. Vice Mayor Wische seconded the motion which carried 5-0. Community Relations Board Mayor Moore wished to reaffirm the reappointment of Betty Collins as an alternate member on the Community Relations Board. This appointment was made at the April 11, 1990 Commission meeting. There were no objections. Cemetery Board Commissioner Artis asked the City Attorney if reasons had to be stated if a Commissioner chose to object to a proposed BOard appointment. Mr. Cherof responded there was no requirement that a Commissioner explain the rationale of why they vote the way they do on any subject matter. Commissioner Artis wished to leave her Cemetery Board alter- nate member appointment on the table. Commissioner Olenik remarked he had seen a Talent Bank form come in on Maggie Gager. Commissioner Artis had not seen it. The item remained tabled. Civil Service Board Mayor Moore wished to leave his Civil Service Board alter- nate member appointment on the table. 26 MINUTES - REGULAR ~ITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Community Appearance Board The qualifications for the Community Appearance Board were discussed. Commissior~ Weiner requested clarification Of the Building Official's memorandum No. 90-128. City Attorney Cherof responded on the conditional requirement to have a registered architect, if available. The requirement for a landscape architect did not have that qualification, implying the City must search for one. Commissioner Weiner wished to appoint George Armas as a regular member on the Community Appearance Board. Commissioner Artis wished to appoint George Davis as a regu- lar member on the Community Appearance Board. Community Relations Board Commissioner Weiner wished to table this alternate member appointment. Library Board Commissioner Weiner wished to appoint Valerie Pleasanton as a regular member on the Library Board. J. Accept resignation from Cynthia Greenhouse Code Enforcement Board Commissioner Olenik moved to accept the resignation of Cynthia Greenhouse from the Code Enforcement Board. Commissioner Weiner seconded the motion which carried 5-0. Consider replacement to fill vacant position on Code Enforcement Board to replace Cynthia Greenhouse - Term expires 9/90 - Appointment to be made by CommissiOner Arline Weiner Commissioner weiner wished to appoint Marina Haberman to the Code Enforcement Board. Discussion ensued relative to the fact that Ms. Haberman was not a registered voter, nor was she an American citizen. She had been a resident in the United States for ten years, Was a Boynton Beach resident and was currently applying for American citizenship. City Attorney Cherof stated both the Statute which is the basis for the Code Enforcement Board Ordinance and the Ordinance itself only state a requirement of residence Within the City. Mr. Cherof indicated some of the other City Boards have additional qualifications. 27 MINUTES - REGULAR CITY COMMISSION MEETING BOSTON BEACH, FLORIDA APRIL 17, 1990 Mayor Moore and Vice Mayor Wische objected to this appoint- ment. Commissioner Olenik had no objection to the appoint- ment. Ms. Haberman was asked several questions and she responded. Various remarks were made about the qualifica- tions for this Board. Commissioner Artis chose to vote against this appointment as she desired further clarifica- tion as to who can be a member on this Board. Commissioner Weiner was not prepared to table the appoint- ment but intended to appoint Ms. Haberman at the next Commission meeting. Consider replacement to fill vacant alternate position on Planning & Zoning Board to replace Sam DeLong - Term expires 4/91 - Appointment to be made by Mayor Gene Moore Mayor Moore wished to appoint Harold Blanchette to the alternate position on the Planning & Zoning Board. There were no objections. M. School Crossing Guards Commissioner Weiner made remarks about Palm Beach County no longer paying for School Crossing Guards. The municipali- ties will have to pay for this service. She didn't think the City's Resolution to the County Commissioners in opposi- tion to this change was strong enough. She requested the Commission direct the City Manager to draft a very strong letter, signed by each City Commissioner, to be sent to each one of the County Commissioners, telling them this is a dreadful way to economize. The Commissioners agreed. City Manager Miller explained the second reading of the County Ordinance was coming up very shortly. Cities had gone on record in opposition to this. Remarks were made about other Counties such as Pinellas and Broward also making this change. Mr. Miller noted one needs to understand that Broward County does other things for the children like School Resource Officers at County expense. Palm Beach County does not do this. The cost for this program is $52,000 per year which Mr. Miller indicated the City would have to absorb if this change goes through. Mr. Miller would not propose foregoing School Crossing Guards because of liability exposure. Further comments were made by the City Manager relative to a request made on the part of the cities that 50% County funding be provided this year, dropping to zero next year. The Palm Beach Municipal League was unitedly against this change. Other remarks were made. 28 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Governor's Proposal to Reduce Local Government Half Cent Sales Tax Trust Fund Money City Manager Miller thought opposition should be expressed to the Legislative Delegation relative to the Governor's proposal to reduce local government half cent sales tax Trust Fund money. This will result in a loss by the City of $72,913 per year. The State intends to keep this admi- nistrative fee and use it to balance the budget or on other programs. CONSENT AGENDA A. Minutes 1. Regular City Commission Mtg. Minutes of April 3, 1990 2. Special City Commission Mtg. Minutes of April 11, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budget 1. Joint Co-op Bid Bulk Quicklime The Cooperative Purchasing Council of Palm Beach County jointly awarded the bid to Allied Products, of Birmingham, Alabama in the amount of $50.50 per ton plus $35.65 for freight for a total of $86.15 per ton. Quicklime is used at the Water Treatment Plant to chemically soften the water. 2. Purchase of one Xylophone for use by the Gold Coast Community Band The Tabulation Committee recommended awarding the bid to Music Man, Inc. of West Palm Beach, Florida in the amount of $1,049.00. Commissioner Weiner thought the City had purchased a xylophone previously. Charles Frederick, Director of Recreation & Parks indicated this was the only xylophone purchased by the City. 3. Annual Contract for Office Supplies The Tabulation Committee recommended awarding the bid in part to two vendors, Decora Office Furniture of Ft. Lauderdale, Florida and Halsey & Griffith, of West Palm Beach, Florida. 4. Smith & Wesson 5900 Series Semi-Auto Loading Pistols The Tabulation Committee recommended awarding the bid to S.E.R. Distributors, Inc., Miami, Florida, for the unit price of $391.00. Total charge for eight guns is $3,128.00. 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 Commissioner Olenik asked why the City didn't go with the lowest bid in this case. William Sullivan, Purchasing Director responded Oaks Wholesale would only guarantee the price for 90 days. The City asked for a 12 month guarantee because the City purchases guns intermittently throughout the year. C. Resolutions 1. Proposed Resolution No. 90-JJJ Re: Reduction of Surety - Boynton Lakes Plat "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYI~TON BEACH, FLORIDA REDUCING THE PERFORMANCE BOND FOR BOYNTON LAKES BOULEVARD SITUATED IN BOYNTON LAKES PLAT $4 AS CURRENTLY CONTAINED IN PALM BEACH COUNTY RECORDS FOR SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS DULY RECORDED IN PLAT BOOK 49, PAGES 179, 180, 181 and 182." This Resolution had to do with Boynton Lakes North. The question was raised as to whether the residents were satisfied with conditions. City Manager Miller stated there still were some problems, however, $100,000 would still be held. Discussion ensued. Vincent Finizio, AsSistant to the City Engineer, stated they recommended the bond be reduced to $100,000. This would be for Boynton Lakes Blvd. only. Lynn Madsen, who was present in the audience indicated satisfaction with this arrange- ment. D. Development Plans Project Name: Description: TGI Friday's Restaurant SITE PLANS: Request for site plan approval to construct a 6,000 sq. ft. restaurant consisting of 227 seats on 1.68 acres Project Name: Description: Hunter's Run Tract G "Hampshire" SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for entrance signage and modifications Project Name: Description: Hunter's Run Tract A "Southport" SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for an optional den addition 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYIqTON BEACH, FLORIDA APRIL 17, 1990 Project Name: Description: Hunter's Run Tract L "Woods" SITE PLAN MODIFICATIONS: Request for approval of an amended site plan to allow for an optional garage addition These four items had been pulled from the CONSENT AGENDA and discussed earlier in the meeting. E. Payment of Bills - Month of March, 1990 See list attached to the original copy of these Minutes in the Office of the City Clerk. F. Consider approval of Authorization to Dispose of Records - Finance Department Approval was requested to dispose of Invoices, 10/83 through 9/84 and Adjusting Journals, TD's, and General Vouchers 10/82 through 9/84. Disposal authorization had been received from the State of Florida, Division of Archives for the records as outlined on Records Destruction Request No. 188. G. Approval of Bills See list attached to the original copy of these Minutes in the Office of the City Clerk. Commissioner Olenik abstained from voting on %21 which was a payment to Motorola, Inc. Memorandum of Voting Conflict is On file in the Office of the City Clerk. Relative to item %11, a payment to David M. Griffith & Associates, Ltd., the City Manager was asked how much of a percentage the City had paid out for the water survey. Mr. Miller estimated about 75 to 80%. The draft was being finalized and should be available Friday, April 20, 1990. The value engineering should be ready at the same time or possibly the following week. Mayor Moore referred to item %6, a payment to CH2M Hill. He remarked the list always indicates "See attached." He noted the task orders are never attached. He asked that these be furnished in the future. Discussion took place relative to some bills Mayor Moore had sent the City Manager from Slawson, Berman on Tradewinds. Mr. Miller indicated he understood the firm was paid off entirely. He hadn't seen the bills. 31 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 17, 1990 H. Receive and File Departmental Monthly Activity Reports Monthly Activity Reports from City Departments were made available by City Manager Miller for Commission review. Commissioner Weiner moved to approve the CONSENT AGENDA. Vice Mayor Wische seconded the motion which carried 5-0. ADJOURNMENT Mayor ATTEST: Ci~ Clerk Recording Secretary (Four Tapes) Commi s s i oner Commissioner 32 AGENDA April 17, 1990 9~ 10. AtLEON BUSINESS SYSTEMS 1 FAX Cannon Facsimile Machine plus 16M Memory , Toner and installation fee for Police Dept. Pay from General Fund---001-211-5-690-05 5,649.00 AIR COMPRESSOR WORKS, INC. 2 Air Compressors, 1 Kaiser Refrig. Dryer and 1 Air Receiver for Water Treatment Plant. Pay from Utility Cap. Improve.---404-332-5-642-00 Per bid 12/19/89, Con~nission approved 2/6/90 11,061.00 AMERICAN LIGHTING MAINTENANCE Toe-Ball Field Lighting System installation and fixtures per approved bid. Pay from Parks & Rec. Facility Trust Fund---641-000-1-471-60 Per bid 2/8/90, Con~nission approved 2/20/90 16,291.33 BELL AIR GOLF Merchandise for Pro-Shop. Pay from Golf Course Fund---411-000-0-420-10 1,249.34 BOYNTON RESTAURANT SUPPLY, INC. 1 Model 323 Restaurant Range per written quote. Pay from General Fund---001-194-5-988-00 Commission approved 12/19/89 2,637.50 CH2M HILL Professional services for various task orders---see attached. Pay from Utility Cap. Improve.---404-000-0-690-10 94,850.11 " " " " " 404-000-0-691-10 8,727.39 103,577.50 DADE PAPER COMPANY 100 cases C-Fold Towels for Warehouse/COS. Pay from Warehouse Fund---502-199-5-925-02 1,199.00 DAVIS WATER & WASTE IND.,INC. Odor Control System Scrubber rental for 6 Lift Stations. Pay from Water & Sewer Rev---401-352-5-499-00 4,500.00 ERNST & YOUNG, CPA Professional services rendered thru 2/28/90 in connection with audit of Ci~'s financial statements for Y/E 9/30/89. Pay from various departments. 36,525.00 GAYLORD BROTHERS 2,742.32 I Contempory Card Catalog Cabinet for Library. Pay from General Fund---001-711-5-671-00 Commission approved 1/16/90 COMMiSSiON APPROVAl. 11. 12. DAVID M. GRIFFITH & ASSOCIATES, LTD Labor & expenses for Water & Wastewater Utility Rate Study for period 3/1/90 thru 3/31/90. Pay from Utility Cap. Improve.---404-000-0-690-10 8,036.73 " " " " " 404-000-0-691-10 8,036.74 HOWIE GREENE TANK INSPECTION Labor & service furnished on 500,000 Gallon South elevated Water Tank. Pay from Water & Sewer Rev---401-332-5-430-04 Commission approved 2/6/90 13. INTEGRATED MICROGRAPRIC TECHNOLOGIES, INC. Microfilming for Building Dept. Pay from General Fund---001-000-1-451-06 14. JOSIAS & GOREN, P.A. Professional services rendered for March, 1990,- 5,128.45 and Representation Re: Tradewinds - 968.70; Treasure Coast Reg. Planning Council - 773.21; Seppala & Aho - 886.25. Pay from General Fund---001-141-5-461-00 15. JONES CHEMICALS INC. February deliver of Chlorine for Water Treatment Plant. Pay from Water & Sewer Rev---401-332-5-363-00 LAWMEN'S AND SHOOTERS SUPPLY INC. Ammunition for Police Dept. Pay from General Fund---001-211-5-381-00 MAC PAPERS INC. 120 cases copy paper for Warehouse/COS. Pay from Warehouse Fund---502-199-5-925-01 18. MARTIN'S LAMAR 262 pairs Supervisor pants, green work pants, 40 jumpsuits, 20 Supervisor shirts and 96 green work shirts for Ware- house/COS. Pay from Warehouse Fund---502-199-5-925-03 19. MORGAN LEWIS & BOCKIUS Legal services during month of February, 1990 for IBF&O matters. g~ -.P~M from General Fund---001-141-5 468 14 ~egal services thru 2/28/90 - Joe Lewis v City - 1,130.65 ~p~se.~t~gtion thru 2/28/90 as Interim City Attorneys for ~Zj 13,780.85. ~'~f~General Fund---001-195-5-468-00 1,130.65 ~ " " " " 001-141-5-461-00 13,780.85 21. MOTOROLA, INC. 2 Privacy plus Maxtrac Mobile Radios including installation for new Blazer @ Laboratory Services and new Dodge @ Water Plant. Pay from Water & Sewer Rev---401-361-5-690-05 1,017.50 " " " "' " 401-332-5-690-05 1,017.50 16,073.47 1,500.00 6,855.68 7,757.01 1,832.00 1,147.80 2,821.20 6,586.70 4,001.45 14,911.50 2,035.00 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. OAKS WHOLESALE DISTRIBUTORS 27 Safariland Centerline Ballistic Vests for Police Dept. Pay from General Fund---001-211-5-642-00 Per bid 1/24/90, Commission approved 2/6/90 6,102.00 P.B. & S. CHEMICAL COMPANY,INC. Chlorine deliveries for March, 1990 for Water Treatment Plant. Pay from Water & Sewer Rev---401-332~5-363-00 5,016.00 PALM BEACH NEWSPAPERS, INC. Legal ads for month of March. Pay from General Fund---001-122-5-470-12 460.25 " " " " 001-122-5-470-13 756.34 " " " " 001-122-5-475-00 55.61 1,272.20 PEROXIDATION SYSTEMS INC. Hydrogen peroxide deliveries for February for Lift Stations. Pay from Water & Sewer Rev---401-352-5-365-00 24,160.50 ANN PEYTON, PH. D Payment for Florida Endowment for Humanities(Grant-l189-1767- lO56S). Pay from General Fund---001-000-1-479-01 1,000.00 POST, BUCKLEY, SCHUH & JERNIGAN, INC. Professional services regarding Boynton Beach Landfill: Eval- uation of groundwater monitoring data and coordination of con- struction of additional monitoring wells. Pay from Sanitation Fund---431-341-5-962-00 18,159.36 REGENCY DODGE, INC. 3 3/4 Ton pickup Dodge trucks for Parks Dept. Pay from Vehicle Service Fund---501-193-5-688-00 "State Contract #070-01-90-1" 32,196.00 RUDIK PRINTING, INC. 5M Property Custodial Request forms for Police Dept. Pay from General Fund---001-211-5-472-00 2,204.53 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD Inv. 347, 341 & 339 for Aeration tank covers, effluent pump station & elect, bldg. ~ $145,416.64. Inv.345 - Tox- icity legislation - $3,479.82. Inv. 343 for Pretreatment limits/ordinances - $1,254.37. Inv. 316 for General con- sulting services - Camp, Dresser & McKee - $1,458.25. Pay from Utility Cap. Improve.---404-000-0-691-20 151,609.08 STANDARD & POOR'S CORP. Library Investment Package #5123439 Pay from General Fund---001-711-5-661-00 1,175.00 COMMISSION ^P~ IT 1990 APPROVAL 32. 33. 34. WASCON CONSTRUCTION, INC. 3rd payment P.O. 82469 regarding Construction Consultant Agreement for Fire Station #3 and Practice Range. Pay from Building Improve. Fund---304-223-5-640-11 WATER & SEWER SUPPLIES, INC. 900 Feet P¥C Sewer Pipe for F.O.P. project. Pay from Utility Cap. Improve.---404-000-0-691-10 S.T. WICOLE CONSTRUCTION P.O. #82192 - Boynton Beach Fire Station No. 3 - Request for Appl. #4 for work thru 3/31/90. Pay from Capital Improve. Fund---302-223-5-640-11 Per bid 8/10/89, Co~nission approved 12/5/89 2,300.00 3,582.00 123,251.57 These bills have been approved and verified by the department heads involved, checked and approved for payment. Diane Reese, Assistant Finance Director I therefore recommend payment of these bills. Scott Miller, City Manager COMMISSION APR 17 :]90o0 APPROVAL "'i FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ©lenik, Jr., Robert 19-D Crossings Circle Boynton Beach Palm Beach~ 4/17/90 NAME OF BOARD, COUNCIL~ COMMISSION. AUTHORITY, OR COMMIIWEE _ City Commission TIlE BOARD, COUNCIL, COMb.nSSION, /~UTHORITY, OR COMMITTEE ON WHICH t SERVE IS A UNIT OF: ; ~TIY ~ i COUNTY t I OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: ;~ ELECTIVE ' ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to mdmbers 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 usc it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS: FOR COMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES L_~CTED 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 pnblicly stating to the assembly the nature of your interest in the measure on which you are abstaining fi'om voting; and WITH1N 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 ageDcy) 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 an3, attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IE,Y~OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING XT WHICH ] ; VOTE WILL BE TAKEN: · u should Complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meetiug, 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 I 1F YOU MAKE NO ATTEMPT TO INI~LUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You shonld disclose orally the nature ,of your conHict 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 mii ~s of the meeting, who should incorpOrate the form in the minutes. I DISCLOSURE OF LOCAL OFFICER'S INTEREST !, Robert Olenik, Jr. , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or ·: inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: 4/17 · 1990 : , by whom Yam retained. A payment made <o Motorola, Inc. wes ineluded for approval in CONSENT AGENDA, Item ~ - ~[ Although I kave no direct renumeration from the payments <o Motorola, I am on their payroll at this time and this i<em is no< being placed as public record To ensure ne conflict of vo<lng ~ccurred. Date Filial J Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317'(1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED ~;5,000. CE FORM 8B - 10-86 PAGE