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Minutes 04-03-90MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, APRIL 3, 1990 AT 6:00 P.M. PRESENT Gene Moore, Mayor See 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 Vice Mayor Lee Wische. AGENDA APPROVAL Under "NEW BUSINESS, E." Commissioner Weiner wished to add discussion on the Boynton Community Life Center. Under "NEW BUSINESS, F.i." Commissioner Olenik wished to add discussion on Purchase of Kitchen Items for Fire Station No. 1. Under "F.2." he wished to add discussion on a Visions 2000 Program for the City of Boynton Beach. Under "F.3." discussion on Palm Beach County Day should be added. Under "ADMINISTRATIVE, E." City Manager Miller wished to add Boynton Beach Blvd. Bridge Over the Intracoastal.- Under !'OLD BUSINESS, B." he also wished to add discussion on the Beach Restoration Project that the City is Undertaking at ~his Time. Commissioner Olenik moved to adopt the amended Agenda. Vice Mayor Wische seconded the motion which carried 5-0. ORGANIZATIONAL MATTERS 1. Adoption of Robert's Rules of Order Commissioner Weiner commented on recent Palm Beach Post articles which contained remarks made by Mayor Moore which ~he found offensive. She referred to Robert's Rules of Order, page 543, the paragraph entitled Offenses Elsewhere Than in a Meeting. This refers to penalties which may be imposed on any member of a committee found guilty of conduct Which would hamper the committee in its work. Commissioner Weiner read this material out loud as well as material from page 35 which indicates speakers should avoid injecting per- sonal notes into debates and should never make allusion to the motives of members. On page 36 material indicates the presiding officer cannot interupt the person who has the floor as long as that person does not violate any of the assembly's rules. Other material was referred to from page MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 331, 540, 541 and 555. Under Section 2-11 of the City's Code, Commissioner Weiner explained the Chair should be held to the same standards as any member. If the Commission adopts Robert's Rules of Order, the entire Commission must agree to abide by them. City Attorney Cherof read Resolution No. 90-VV by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 1981 EDITION OF ROBERT'S RULES OF ORDER (LIBRARY OF CONGRESS CARD NO. ISBN 673-15471-8) AS OFFICIAL RULES OF ORDER." Vice Mayor Wische moved to adopt Resolution No. 90-VV. Commissioner Weiner seconded the motion. Commissioner Olenik did not think Commissioner Weiner's remarks were out of line as they dealt with the essence of what Robert's Rules of Order contain. Comments were made about the City Attorney serving as a Parliamentarian at the Commission meetings. Mr. Cherof suggested the Commission adopt a motion to that effect. Discussion took place between Commissioner Olenik and Mayor Moore regarding the statements made in the press. Mayor Moore felt fabrication sometimes can take place on the part of the press and he explained the reasons he felt this way. Specific comments were made about a Palm Beach Post reporter. Reference was made to the Commission Mission Statement which had not been formally adopted by the Commission yet. Disagreeable conversation took place regarding incidents in recent months. Commissioner Weiner alluded to disrespect on the part of the Mayor. A vote was called on the motion to approve Resolution NO. 90-VV. The motion carried 5-0. 2. Establishing Roll Call Voting Procedure City Attorney Cherof read Resolution No. 90-WW by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A ROTATING ROLL CALL PROCEDURE FOR VOTING." Commissioner Olenik moved to adopt Resolution No. 90-WW. Vice Mayor Wische seconded the motion which carried 5-0. 2 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA PROCLAMATIONS APRIL 3, 1990 a) Neurofibromatosis Month - April, 1990 b) Arbor Day - April 13, 1990 Mayor Moore indicated these Proclamations would be signed and forwarded to the appropriate parties. Discussion - Proposal Re~ardin~ Restaurant Tax Mayor Moore referred to a~recent article in the newspapers which referred to remarks made by Commissioner Olenik in connection with an idea to tax restaurants. The Mayor assumed Commissioner Olenik had been lobbying in this regard and asked by what authority Commissioner Otenik had gone to Representative Steve Press to lobby adoption of the legislation without the Commission knowing about it. The Mayor asked how Commissioner Artis and Commissioner Weiner knew about this if there was not a violation of the Sunshine Law. Commissioner Olenik referred to the legislative delegation meetings and stated representatives from the City of West Palm Beach had asked the delegation for a Meals Tax District which would run from Riviera Beach to Lake Worth. The monies could be used to build an auditorium/convention center in the West Palm Beach area. The delegation embraced the idea, but raised the issue of possibly making this County-wide for other beneficial purposes. Representatives Frankel and Liberti were supportive of this. Commissioner Olenik indicated he didn't discuss this with anyone. It was brought up at the legislative delegation meeting. Over the weekend, in the legislative prelude which appeared in all the newspapers, Commissioner Olenik noted it was mentioned by at least three of the legislative delegation members that they would like to make this one of their local issues. Knowing that the City would still like to have a new Civic Center in the City and the funding is not available, Commissioner Olenik commented that perhaps we could get funding through the meals tax. Commissioner Olenik stressed he never violated the Sunshine Law. Heated discussion ensued. Commissioner Olenik repeated he had not done pre-lobbying on this and had not approached anyone. This was an issue the City of West Palm Beach talked about and the legislative delegation decided themselves they might want to expand it. 3 MINUTES - REGULAR CITY COMMISSION MEETING BOY'TON BEACH, FLORIDA APRIL 3, 1990 BIDS A. City of Boynton Beach - Five Medians on Federal Highway - Landscaping and Irrigation City Manager Miller explained the bids received for this project ranged from $49,720 to $84,244. We had an antici- pated budget of $90,000 on this project. The first two lowest bidders did not meet the specifications entirely. The next lowest bidder that met all requirements was Siga, Inc. at a low bid of $76,656.49. Therefore, the bid was recommended by staff. This project will be State assisted. Vice Mayor Wische moved to award the bid to Siga, Inc. Commissioner Weiner seconded the motion. Mayor Moore made remarks about a court case in Tamarac, Florida, where decorative rock was placed in a roadway median by the City and a drunk driver hit the rock and was killed. The Mayor had serious reservations about putting items in the medians that could result in liability. The Mayor suggested tabling this until the Commission could receive legal input in this regard. He also questioned the maintenance the City must provide and the amount of water required. City Manager Miller referred to DOT speeifications limiting a tree trunk size to 4" in diameter. Commissioner Olenik suspected if the DOT was telling the City what it can plant in the medians, that this was tested and true. Mr. Miller indicated the DOT had tested the liability aspect of it. Commissioner Olenik felt the landscaping added aesthetic value to Federal Highway. He hoped the landscaping used would be of a water conserving nature. A vote was called of all those in favor of the motion to award the bid to Siga, Inc. The motion carried 4-1. Mayor Moore voted against the motion. PUBLIC HEARING None PUBLIC AUDIENCE Mr. William Schultz, 620 Hillcrest, Boynton Beach, addressed the Commission. He indicated he had served as an alternate member of the Planning & Zoning Board for several years. He stated he had been requested by a City employee to resign from the board "as he had been looking into things." Mr. Schultz declined to identify the employee, whom he indicated no longer works for the City. Mr. Schultz had independently researched the number of City residents and non-residents using the boat ramps. He calculated that only 8.3% of the MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 people using the ramps were from Boynton Beach. He suggested a beach and boat permit be implemented to generate funds for maintenance. Mayor Moore asked City Manager Miller to investigate the possibilities in this regard. Commissioner Olenik noted County, City and State funds were used to build the boat ramps. There might be some type of prohibition in the agreement signed with the State. Other remarks were made. On another topic, Mr. Schultz referred to the number of non- residents that use the Boynton Beach Library. He felt as long as municipalities continue to construct libraries, the County will not construct them. Comments were made by Mr. Schultz as to the numerous defi- ciencies that exist in the City Hall renovation project. City Manager Miller indicated the punch list items are currently being taken care of. DEVELOPMENT PLANS None LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances - 1st Reading 1. Proposed Ordinance No. 90-5 Re: Repair of Motor Vehicles in C-3 (Previously TABLED) Commissioner Weiner moved that this topic be removed from the table. Commissioner Olenik seconded the motion which carried 5-0. Mayor Moore noted there had been additional input from the Planning & Zoning Board on this topic as a result of a special Planning & Zoning Board meeting which was held. The Mayor suggested this be left on the table so this could be reviewed by the City Manager. Discussion ensued regarding the sequence of events. Commissioner Olenik stated he was satisfied with what the Commission had decided on, namely, including the lot size limitations to keep from having little service stations popping up all over the City. The intent was to allow a ~uture Sears store to be able to have automotive inframe ~epair and tire sales without having gasoline sales. He was not sure he wanted to have all of these specific shops. The MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 City has gotten into trouble in times past when Ordinances were so specific. Commissioner Olenik was happy with the way the City Attorney brought the Ordinance back to the Commission. Vice Mayor Wische stated he would like something in the Ordinance to protect residential neighborhoods that are facing an industrial M-1 zone, such as Hunter's Run. If a Jiffy Lube were constructed across from that subdivision, he would want to ensure the building blended with the neigh- borhood. Also, if located on Congress Ave., he felt the doors should be to the rear of the building, not facing the residential area. Commissioner Olenik thought these con- cerns would be addressed at the time of site plan review. Reference was made to page 2 of the Planning & Zoning Board meeting Minutes which indicated the Board had wanted to allow these in C-2. Commissioner Olenik stated he would be happy leaving them as a conditional use in C-3. He later stated he would be willing to allow them as a permitted use if we have the restriction of five acres. Dan Richter, member of the Planning & Zoning Board inter- jected that was a mis-quote in the Minutes. He explainea in C-3 you are allowed all the uses of the C-2 and C-1 zones. That was what was meant, not that the Board wanted to put auto service stores in C-2. This was to be strictly for C-3. What was drafted by the City Attorney covered only part of it. He felt it discriminated against the small businessman. Tim Cannon, Interim Planning Director was asked if the Ordinance were enacted as prepared by the City Attorney and having the 5-acre restriction on lot size, would that restriction carry forward into the C-4 or M-1 zone or would a Jiffy Lube on its own be allowed to build in a C-4 or M-1 zoning district. Mr. Cannon responded if that Ordinance is adopted, the five-acre requirement would carry into the C-4 zoning district, but not the M-1. He indicated any type of automobile repair currently is a permitted use in M-1. The only restriction as far as lot size is that the site has to be a minimum of 10,000 sq. ft. Commissioner Olenik and Vice Mayor Wische didn't feel the City would be discriminating because it does provide in the zoning categories, a place for the individual owner of an automotive care facility to construct within the City. Discussion took place. Mr. Cannon was asked if this would be a permitted use in the CBD. Mr. Cannon responded negatively as there is an 6 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 entirely separate list of uses allowed in that district. This use is not a permitted use in the CBD as it stands today. Existing filling stations that sell tires in the CBD are currently non-conforming uses. The Mayor thought this was wrong. Mayor Moore referred to a problem experienced with a Goodyear store in the Boynton Lakes North area precipitating this entire situation. The owner didn't want to sell gas. Somehow the Ordinance ended up saying you could sell tires at a gas station in C-3 but you couldn't sell tires unless you sold gas. The Mayor thought that was ridiculous. That was the reason for changing this in the C-3 zone. The Ordinance did not turn out the way it was intended. The Mayor asked if there was a problem with a Goodyear store going in as a tenant in the C-3 zone at the Boynton Lakes North site, or would they be outlawed from doing so with this Ordinance. Mr. Cannon replied at this point (prior to adopting the proposed Ordinance), a tire store is a per- mitted use in C-3. Mayor Moore clarified this proposed Ordinance would provide for minor, inframe repairs, as long as you have five acres. Commissioner Olenik thought the Jiffy Lube type stores pro- bably work better when they're grouped in an auto service center. The Commissioners were satisfied with the "one ton truck provision" being included. Attorney Cherof read proposed Ordinance No. 90-5 by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYI~TON 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." Commissioner Weiner moved to adopt Ordinance No. 90-5. Vice Mayor Wische seconded the motion and a roll call vote was called by Sue Kruse, City Clerk as follows: Commissioner Artis - Aye Commissioner Olenik - Aye 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 Commissioner Weiner Aye Mayor Moore Nay Vice Mayor Wische Aye Motion carried 4-1. Mayor Moore indicated he voted against this because he didn't think it carried the original intent. Commissioner Olenik referred to a Texaco station which used to exist on the corner of Boynton Beach Blvd. at Federal Highway. It has now changed over to a Kelly Tire Store. This is in the CBD. Staff was asked to research the reasons why that facility is allowed to remain there. Don Jaeger, Building Official, remarked this case is currently before the Code Enforcement Board. They have applied for a license as a tire store. The Building Dept. forwarded that application to the City Attorney for his determination. The person will either be issued a license or it will go back to the Code Enforcement Board. Mr. Jaeger remarked the gas pumps are not currently installed according to his information. The person is waiting for a determination prior to the cost of installing those pumps. If he has to install the pumps, he will. If he doesn't have to, he won't. Mayor Moore stated the man was selling tires there pre- viously. If selling gas and tires is a nonconforming use and the person stops selling gas, why can't he continue to sell tires? The Mayor thought he would be "grandfathered" in. Discussion took place. Mr. Jaeger indicated the person had only been issued licenses as a gas service station. The tire sales was accessory to his principal use of gasoline sales. The issue here appeared to be whether you could make an accessory use a principal use, if the principal use is illegal in that zone. Mr. Cherof noted if this is determined to be an accessory use, if the man doesn't sell gas any more and only sells tires, the worst scenario is that the City would close the business down. Mr. Jaeger interjected the man could go back to his original non-conforming use which was the sale of gas. Technical discussion ensued. Mr. Jaeger stated the Building Dept.'s position was if the man rehooks up the gas pumps, he would continue as a nonconforming use. 2. Proposed Ordinance No. 90-6 Re: Changing Calendar Year to Fiscal Year Employees' Pension Plan City Attorney Cherof read proposed Ordinance No. 90-6 by title only: 8 MINUTES - REGULAR CITY COMMISSION MEETING BOY!~TON BEACH, FLORIDA APRIL 3, 1990 "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." Vice Mayor Wische moved to adopt Ordinance No. 90-6 on first reading. Commissioner Artis seconded the motion and a roll call vote was called by Sue Kruse, City Clerk as follows: Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Moore - Aye Vice Mayor Wische - Aye Commissioner Artis - Aye Motion carried 5-0. C. Resolutions 1. Proposed Resolution No. 90-XX Re: Reimbursement for Traffic Study City Attorney Cherof read proposed Resolution No. title only: 90-XX by "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYlqTON BEACH, FLORIDA, ESTABLISHING A POLICY FOR THE COLLECTION OF COSTS INCURRED BY THE CITY FOR TRAFFIC STUDIES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt Resolution No. 90-XX. Commissioner Olenik seconded the motion which carried 5-0. Proposed Resolution No. 90-YY Re: Approving and Endorsing Departmental Goals Objectives for 1990 and City Attorney Cherof read proposed Resolution No. 90-Y~/ by title only: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYETON BEACH, FLORIDA APPROVING AND ENDORSING 9 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 DEPARTMENTAL GOALS AND OBJECTIVES FOR 1990 AS PREPARED BY THE CITY MANAGER'S OFFICE. A COPY OF WHICH IS ATTACHED HERETO AND IDENTIFIED AS EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE." Commissioner Olenik made remarks about item %2 and the City Manager answered his concerns. Relative to item %12, referring to work being completed by City crews, Commissioner Olenik thought we should add "or contracted out, whichever is more feasible." The City Manager indi- cated this could be done. Other remarks were made. In con- nection with item %21, Mr. Miller indicated the Equal Opportunity/Affirmative Action Program in place currently, in his opinion, does not meet the criteria set forth by the State and Federal governments. In connection with item ~28 and a suggestion to tie in a remark about completing this within a certain timeframe and within budget, Mr. Miller explained these goals are more in the nature of those related to Council action or direction. Another entire set of goals and objectives exists which are administrative in nature and to bring them before the Commission would involve review of hundreds of goals. The list before the Commission had to do with those setting policy and direction or approPriating dollars for public policy, per se. Mr. Miller indicated he would not intend to deviate from these unless the Commission directed. In connection with item ~35, in view of the fact that a comprehensive Sign Ordinance had been developed, Mr. Miller indicated the language could be reworded to "enhance and modify." Commissioner Olenik thought one goal had been missed, namely, "the development and implementation of an employee incentive/suggestion program to encourage pride and effi- ciency in delivery of service." Mr. Miller indicated this would be included as ~44. It was indicated these goals are subject to budgetary allocations. Commissioner Olenik moved to adopt Resolution NO. 90-YY with the amendments. Vice Mayor Wische seconded the motion which carried 5-0. Other 1. Accept Quit Claim Deed - Wilshire Corporation As outlined in Jim Golden, Senior Planner's memorandum No. 90-038 to the City Manager, the proposed Quit Claim Deed differed from the version approved by the Commission on November 7, 1989 in that the phrase "and maintenance obliga- tion'' had been added under the witnesseth on the first page 10 MINUTES - REGULAR CITY COMMISSION MEETING BOYlqTON BEACH, FLORIDA APRIL 3, 1990 of the document to release the developer from any further maintenance costs associated with the subject parcel. Commissioner Olenik moved to approve this. Vice Mayor Wische seconded the motion which carried 5-0. OLD BUSINESS A. Approve renovation of West Winq First Floor City Manager Miller explained this would complete the building plan for the entire municipal complex. As much of the outer office space will be used as is possible with existing walls. Code Enforcement will be brought down to the first floor. The Dick Webber Child Abuse Center will be moved to the second floor. These plans were prepared in-house by the Building Dept. Employees in that area have provided input. Discussion took place regarding the counter area. The Planning Dept. space has been expanded somewhat. City Manager Miller indicated he probably would be using Don Jaeger as the Project Manager for this renovation as Bill DeBeck is involved heavily in several other major projects. Commissioner Olenik asked if Mr. Miller felt there was any potential conflict with the Building Official also serving as Project Manager. Mr. Miller didn't think so as the entire project would be under his supervision. Mr. Miller indicated for inspection services they could use Mr. DeBeck or they could rely on Gee & Jenson. Other remarks were made. Commissioner Olenik moved to approve. Vice Mayor Wische seconded the motion which carried 5-0. B. Beach Restoration Project City Manager Miller stated the City is undertaking the beach restoration project in Ocean Ridge. It had been calculated that we will need an additional 500 cubic yards of sand to bring this to finished grade. Mr. Miller stated this addi- tional purchase of not to exceed 500 cubic yards would cost $7,915. These monies would come from the original beach construction account. Commissioner Weiner moved to adopt the recommendation of the City Manager. Commissioner Olenik seconded the motion which carried 5-0. NEW BUSINESS A. Items for discussion requested by Mayor Moore 11 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 Boynton Community Life Center Mayor Moore remarked he had been in touch with Dr. Marsha Fishbane who is with the H~alth Dept. relative to the fact that there are several "finalists" (one of which is our City) who are in line for a grant of $484,259 for a Boynton Community Life Center project. The final answer is antici- pated in the next ten days. This would be a study/service approach to providing services to at risk pregnant women and their children. Commissioner Weiner had been working on this project and she remarked this is basically what had come out of the request to have an HRS office in the City. Commissioner Weiner had spoken to the District Administrator, Robert Williams. If this goes through she wondered what would happen with the request for the HRS office. Mr. Williams stated if the City gets this grant, Aid to Families with Dependent Children and a Food Stamp office could easily be moved in as well. If this happens, it would be a real victory for this City. Later in the meeting Commissioner Weiner asked that the City Manager be directed by the Commission to write to Senator Eleanor Weinstock and Representative Steve Press, who Chair the HRS Committees in their respective Chambers, urging the granting of the application for the Boynton Community Life Center. The Commission agreed Mr. Miller should do this. 1. Melaleuca tree removal Mayor Moore made remarks about the need to get rid of mela- leuca trees, particularly in the downtown area. The trees use a lot of water, break up sidewalks and cause allergy problems. City Manager Miller remarked that at the March 6, 1990 Commission meeting they had adopted the program developed by the Recreation & Parks Dept. whereby the City would remove the trees located on municipal grounds and in public parks. The City would remove trees in City right-of-ways which are dead or diseased. Residents would be encouraged to remove the trees on their property or on rights-of-way fronting their property. The program will be outlined in the April Newsletter. The Commission agreed this program was needed. 2. Water Shortage Comments were made by Mayor Moore relative to a toilet which 0nly uses 1.6 gallons of water per flush. H~ suggested the City enact legislation requiring installation of similar type toilets in all new residential construction and that 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 the City consider implementing a program which would make these type fixtures available to residents. The cost of acquisition could be amortized over a reasonable period of time by adding it onto the monthly water/sewer bills of citizens. The Mayor felt this would save a substantial amount of water in the community. Commissioner Olenik agreed with the need to conserve water, but he thought this was the wrong approach and he explained why. He thought a rate study should be put in place that would encourage conservation. If a household exceeded a certain number of gallons per month, the rate would increase. He didn't think the City should legislate what variety of fixtures are to be put in private homes. Commissioner Olenik thought wasted water through toilet flushing was only a fraction of the water that is wasted in the City. The Mayor thought the suggestion should be investigated by the City Manager. Based on the response of the other Commissioners, the Mayor said to forget the idea. B. Wish List of Projects from Departments City Manager Miller made comments as outlined in his Agenda Memorandum No. 90-112. At the time of the February 27, 1990 Commission workshop on the Capital Improvement Program, the overall balance in the three Capital Improvement Funds was about 2.9 million dollars. This was without appropriation to the multi-purpose/civic center, renovation to the Building Dept. and without allowances for arbitrage (per the 1986 Tax Reform Act). Mr. Miller provided tech- nical explanation about excess interest earnings over the bond yield having to be rebated to the United States Dept. Of Treasury and monies the City will need to rebate to the U.S. Government in connection with the 1986 bond issue interest earnings. Adding in the arbitrage payment, the balance of architect fees, change orders, Seppala & Aho retainage and $300,000 appropriated for Building Dept. renovations resulted in available funds of $1,645,122. At the February 27 Commission meeting the City Manager had been asked to pro- vide a listing of Wish List items which he was providing at this time. Mr. Miller stated the only item on the list which he really felt was needed was the Chapel Hill Median Renovation Project, as we are short $6,000. This was a project the Commission took positive action on, however, those funds were never appropriated in the 89/90 budget. He needed to put $6,000 in so the City can proceed with this project. 13 MINUTES - REGULAR CITY COMMISSION MEETING BO~/I~TON BEACH, FLORIDA APRI~ 3, 1990 Relative to the Park Development for four sites in northwest Boynton Beach, Mr. Miller indicated these would be develop- mental costs because the master plan costs for these four sites would be appropriated from our Recreation Trust Fund. The current balance in that Fund is $800,000. Mr. Miller made comments on the individual items listed on the Wish List. Relative to redevelopment of the N.E. 12th Avenue/13th Avenue area, he remarked that funding vehicles from other areas such as Tax Increment Financing (TIF) or Community Development Block Grant (CDBG) programs could be involved. In this regard, he noted we never actually get all the funds we ask for from these programs. Discussion took place relative to the Boynton Beach Elementary School site. Commissioner Olenik wanted to know why the City was contemplating spending $260,000 to put a new roof on in view of the situation which exists with the School Board. Mr. Miller reiterated this was selected from a lot of the Capital Improvement studies and with assistance from staff. He had tried to be all-inclusive. Mayor Moore noted the City was currently trying to "pin the School Board down" to determine if the the City could get the basic ele- mentary school building plus the property to the east for parking, as a start. Other remarks were made. When the Old Sewer Treatment Plant demolition and renovation was addressed, Mayor Moore remarked if this was done, he would like to have someone with expertise determine if there's a possibility of rerouting water out of the Boynton Canal through this and at least giving it tertiary treatment before it is pumped into the lake. Mr. Miller repeated the only item that he really needed action on at this time was the $6,000 appropriation for the Chapel Hill Median Renovation project. It was noted the City was not responsible for repairing the entrance wall at Chapel Hill. The Subdivision had agreed to maintain the wall. Charles Frederick, Director of Recreation & Parks clarified this would be for sod and irrigation only. Mr. Miller stated the City is going ahead on the park deve- lopment for the next four sites through the Master Plan. He would like Commission authorization to go forward on that. Commissioner Olenik referred to a worksheet which listed Revenues & Expenses - All Capital Improvement Funds under Projects Out to Bid. In connection with the 23 acre park he noted there was a $100,000 error there. He thought this figure should actually be $2,590,161.00. Mr. Miller responded if that was the case, then we would have $100,000 less. 14 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 Further comments were made about arbitrage and Commissioner Olenik asked if the money is sitting there, should we get moving on these projects now to help keep money in our pockets so it won't have to be paid back to the U.S. Government. Mr. Miller responded he would have to check with bond counsel on that point. Motion Commissioner Weiner moved to authorize the expenditure for the Chapel Hill median work. Vice Mayor Wische seconded the motion which carried 5-0. Commissioner Olenik didn't want this Wish List to not be looked at again for six or nine months. Mr. Miller responded this would come up during the budgetary process. Commissioner Olenik stated if the Commission decided to go forward with a program like Visions 2000, the Commission could put together a comprehensive "plan of attack" to be pursued over the next ten years. Consider request from Mrs. Park School to modify S.W. to a "one way" street Leslie, Principal of Forest 3rd Street (two way traffic) City Manager Miller reported the City had no problem with this request. Commissioner Olenik moved to accept the recommendation of Vincent Finizio, Acting Assistant to the City Engineer. Vice Mayor Wische seconded the motion which carried 5-0. D. Consider approval of Community Relations Board Funding Recommendations Commissioner Weiner commented on the amount of research the Community Relations Board conducts relative to the organiza- tions which request funds. As outlined in Wilfred Hawkins, Assistant to the City Manager's memorandum No. 90-040W, the Board recommended the Association for Retarded Citizens receive $2,000, the Boynton Beach Child Care Center receive $22,500 and the Wee Care Center receive $1,500. Commissioner Weiner moved to approve the Board's recommen- dation, vice Mayor Wische seconded the motion which carried 5-0. E. Boynton Community Life Center Commissioner Weiner remarked this topic had been addressed earlier in the meeting. 15 MINUTES - REGULAR CITY COMMISSION MEETING BO1-NTON BEACH, FLORIDA APRIL 3, 1990 F. Items for discussion requested by Commissioner Olenik 1. Purchase of Kitchen Items for Fire Station No. 1 Commissioner Olenik noted the temporary trailer is finally being moved and the firemen would now be moving into the renovated area. H~ thought the Commission should authorize the purchase of a complete set of dishes and silverware for the new quarters. He thought employees from all three shifts should be able to provide input as to what items they actually need in the kitchen. A list could be provided to the Fire Chief and the City Manager for final approval. Commissioner Olenik moved to authorize the purchase of the items needed. Commissioner Weiner seconded the motion which carried 5-0. 2. Visions 2000 Program for the City of Boynton Beach Commissioner Olenik thought it was time for the City to put together a Visions 2000 American assembly program to set forth the City's objectives for coming years. This should be done in an organized fashion. Once the goals and objectives have been established for this year, City Manager Miller proposed to bring in a facilitator from Ft. Lauderdale, who has done these sessions success- fully before. This facilitator would not charge for this session. Mr. Miller proposed a workshop on a Saturday morning which would be open to staff and the public to ~'brainstorm" where they would like to see the City head in the next few years. Members of the Chamber of Commerce BOard of Directors would be included on the panel. Remarks were made about holding this in "round table fashion" at a suitable place where there would be sufficient room. A spe- cific date was not set. 3. Palm Beach County Day Commissioner Olenik remarked Palm Beach County Day was sche- duled for April 26, 1990. Discussion ensued about City representation. Commissioner Olenik will be attending this meeting. CITY MA/~AGER'S REPORT Report on Boynton Beach Blvd. Interchange - Florida Turnpike City Manager Miller had been in touch with Rick Chesser, our District Secretary in Ft. Lauderdale, regarding progress on this project. It appeared there had been a dispute 16 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 regarding content in an agreement between DOT and the Lake Worth Drainage District. Mr. Miller understood this had now been cleared up and to the best of Mr. Chesser's knowledge, this project was proceeding. The Lake Worth Drainage District permit was issued March 23, 1990. The letting is scheduled May, 1990. Construction is scheduled to begin August, 1990 and be completed January, 1992. Joint Meeting with the Chamber of Commerce Discussion had taken place between City Manager Miller and Gary A~hcraft, Executive Director of the Chamber of Commerce. The Chamber would like to meet with the City Commission. The Commission agreed Saturday morning, April 28, 1990 from 8:00 A.M. to 12:00 P.M. would be a good time. The City Manager and Mr. A~hcraft will be putting together an Agenda. Boynton Beach Blvd. Bridge over Intracoastal Mayor Moore asked if any of the Commissioners had experienced a change of opinion on the location of the Intracoastal bridge. The Commissioners still supported putting it where they wanted it last time. Vice Mayor Wische moved that the City Manager make those sentiments known formally to the DOT and Treasure Coast. Commissioner Olenik seconded the motion which carried 5-0. Commissioner Olenik moved that the City Attorney draw up a Resolution to this effect, reiterating the Commission's stand. Vice Mayor Wische seconded the motion which carried 5-0. ADMINISTRATIVE A. Consider clarification of Commission's request to approve future change orders (Previously TABLED) This item was left on the table as the City Manager was still awaiting information from the City's consultants. B. Engineering Construction Inspection Services for West Water Plant Construction Project - (Previously TABLED) City Manager Miller asked that this remain tabled until the value engineering comes in. Commissioner Olenik asked why it was taking so long to get the rate study done. Mr. Miller responded they have a basic draft now. The Commission should have the formal version by 17 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 the end of April, 1990. Mr. Miller noted there had been a change in the scope relative to the capital improvement fees aspect of it. The Mayor remarked the additional stages of the VE study were currently in draft form and were being coordinated with the engineers who would get back with the City. C. City Board Appointments Discussion took place regarding appointment procedure. The Mayor remarked each Commissioner would make his or her appointment and as long as there were no objections, they would move along to the next appointment. There was agreement. Board of Adjustment Commissioner Artis wished to appoint Vernon Thompson as a Regular member. Commissioner Olenik wished to appoint Henrietta Solomon as a Regular member. Mayor Moore objected to this appointment. The Mayor called for a vote of all those in favor of the appointment of Henrietta Solomon. Commissioner Olenik and Commissioner Weiner were in favor of the appointment. The other three Commissioners were not in favor of this appoint- ment. Discussion ensued about politics and appointments. Commissioner Olenik indicated James Miriana would be his second choice for this slot. There was no objection. Mayor Moore wished to appoint Mr. A. A. Stuart as a Regular member. Commissioner Weiner wished to appoint Joseph Fishman as an Alternate member. Commissioner Weiner later stated she wished to withdraw her appointment of Mr. Fishman and she wished to appoint Henrietta Solomon. Mayor Moore objected. The Mayor called for a vote of all those in favor of Henrietta Solomon in this position. The vote was 3-2. Mayor Moore and Vice Mayor Wische voted against this appointment. Building Board of Adjustment and Appeals Commissioner Olenik wished to appoint Milton Russell, Jr. as a Regular member. Commissioner Artis wished to appoint Lawrence Bartley as a Regular member. Vice Mayor Wische wished to appoint Albert McGregor as an Alternate member. 18 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 Cemetery Board Commissioner Olenik wished to appoint Basil Camilot as a Regular member. Commissioner Artis was prepared to appoint Maggie Gager as an Alternate member but discussion took place about a talent bank form not having been provided the Commission. Commissioner Artis ended up tabling this appointment. Civil Service Board Commissioner Weiner wished to appoint Ralph Marchese as a Regular member. Mayor Moore wished to appoint George Davis to the Alternate slot. Discussion ensued about Mr. Davis sitting as the employee voted Regular member and when that term expires. The Mayor ended up tabling this appointment. Community Appearance Board Commissioner Weiner wished to table her Regular member appointment. Commissioner Olenik wished to move Eleanor Shuman up into ~he Regular position formerly held by Walter Kies. Commissioner Artis decided to table her Regular appointment. Vice Mayor Wische wished to appoint Dale Mitchell as a Regular member. Mayor Moore wished to appoint Evelyn Stuart to the Alternate position. Community Relations Board Commissioner Olenik wished to appoint Clarence Ellington as a Regular member. Commissioner Artis wished to appoint Blanche Girtman as a Regular member. Vice Mayor Wische wished to appoint Paul Finke as a Regular member. Commissioner Weiner decided to table her Alternate appointment. Mayor Moore decided to table his Alternate appointment. 19 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 Library Board Commissioner Artis wished to appoint Marie Shepard as a Regular member. Vice Mayor Wische wished to appoint Emanuel Lubin as a Regular member. Commissioner Weiner decided to table her Regular appoint- ment. Planning & Zoning Board Commissioner Olenik wished to appoint Cynthia Greenhouse as a Regular member. Mayor Moore objected to this appointment and explained his reasons. The Mayor called for a vote of all those in favor of appointing Cynthia Greenhouse. The vote was 3-2. Mayor Moore and Vice Mayor Wische voted against the appointment. Commissioner Artis wished to move Sam DeLong up from the Alternate position into a Regular position. Vice Mayor Wische wished to appoint Maurice Rosenstock as a Regular member. Commissioner Weiner wished to appoint Jose Aguila as an Alternate member. Recreation & Parks Board Commissioner Olenik wished to appoint Edward Harris as a Regular member. Vice Mayor Wische wished to appoint George Smith as a Regular member. Mayor Moore wished to appoint Betty Thomas as a Regular member. D. Consider long-term financing to pay off the short term notes (letter dated March 29, 1990 from SunTrust) City Manager Miller drew attention to the last paragraph in his Agenda Memorandum No. 90-115 where his office requested Commission direction as to whether they wish to implement a long term financial program prior to May 24th and whether the City should proceed with SunTrust on their proposal or negotiate with investment bankers in the field. He noted they have a letter from SunTrust relative to long term financing. Mr. Miller needed direction on whether this 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 should be opened up to be competitive. He. thought if the City goes out in the open market for investment bankers, it will be inundated. Commissioner Olenik was interested in what the City's liabi- lity would be for bringing on Smith Barney and whoever they're working with. Mr. Miller indicated the Commission has a right to do so if they wish. Mayor Moore noted $3,000,000 was due on May 24. If the City can get the bond issue floated, and he thought that was what the evaluation of this recommendation was, they think they can get the bond issue floated and turn over $3,000,000 in bonds to Tradewinds rather than paying them cash. He stated we would lose that option if we don't get it taken care of by that date. Discussion ensued on whether SunTrust could sell the bonds at the same rate as Smith Barney or would it be a higher interest rate. Mayor Moore stated SunTrust had given the City a fee schedule which he thought was fair. The Mayor thought SunTrust had the same qualifications as Smith Barney and could give the same rates. Commissioner Olenik asked if the City would be better off waiting and doing this in calendar year 1991 because the City is already doing a bond sale in 1990. Comments were made about bank-qualified and non-bank qualified rates. The Mayor remarked SunBank didn't feel there would be any adverse effect from going that way. City Manager Miller interjected we would be looking at a bond issue and not necessarily an extension of a long-term loan. Commissioner Olenik wondered if Prudential Bache, the City's financial advisor had commented in this regard. Discussion ensued. Attorney Mark Raymond's name was brought up and Mr. Miller stated if Mr. Raymond were brought in on this it would cost additional money as this is not an extension of Tradewinds, but is new financing. Commissioner Weiner felt the Commission was being pushed again. She hoped this could be tabled so input could be received from other companies on long term bonds. Discussion took place regarding the $3,000,000 which is due May 24. Commissioner Olenik stated several weeks back when the Commission discussed details with Sun Bank, he left the meeting with the impression the City was going with $8,000,000 short term and we were going to discuss a long term bond issue for $8,000,000. Some of the other Commissioners recalled the same thing. Commissioner Olenik 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 stated that now, one meeting later, we have another deadline. City Manager Miller stated if the Commission felt "under the gun" then they didn't have to go with the proposal. The bottom line is the City has a note due March, 1991 with Sun Bank with interest of 8.5% for $5,000,000. If the $3,000,000 is activated on May 24, then that will be $8,000,000 we have due in March, 1991. If we can seek addi- tional long term financing between now and March 24, at a lower interest rate, in this case, 7~%, then that means we will be paying on $5,000,000 for several months and $3,000,000 for no months. Mr. Miller stated we were talking about $67,000 plus, as the difference between 7~ and 8½%. Mayor Moore stated the difference is we have an interest free ride until May 24 on the $3,000,000. If we can float the bonds before May 24, the City will get a minimum of a 1% interest savings on the whole $8,000,000. The City Manager agreed. If we don't do that, then until the City does get the bonds floated we will be paying 8~%. Discussion took place on whether the City could get a better rate on a 20 year bond. Technical, financial comments were made. Commissioner Olenik wondered if anyone had sat down and done a 20 year analysis to determine how the City makes out on this. He stated if an uninterested party told him either of the two firms could get the City the same rate on a bond, he would be willing to go with SunTrust. Commissioner Weiner recalled the City used William Huff at one point and she remembered the figure of 6.9% interest over about 15 years. City Manager Miller responded the problem is that he wasn't sure what their front costs were. Commissioner Weiner thought the Commission should check out Smith Barney, William Huff and SunBank. She wanted to see more proposals on the long term loan. Motion Mayor Moore passed the gavel to Vice Mayor Wische. Mayor Moore moved that the Commission accept the proposal of SunBank to get this going forward. This is the final step and he thought this was the best deal the City can make. There will be a substantial savings by getting this taken care of by May 24. We should get the bonds sold and do it the way recommended with refunding the first lien bonds at the golf course and bring this down a couple of points. Commissioner Olenik seconded the motion for discussion pur- poses. 22 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 Discussion ensued. Various opinions were expressed. City Manager Miller commented SunTrust had a good proposal in front of the Commission. They have worked with the City and understand the financial situation the City is in. They can get the City a good interest rate. If the City goes out with an investment banker, the City may or may not do better. It all depended on the total cost. Additional remarks were made by the City Manager about saving $67,000 on the 1% difference in interest, if this is done by May 24. If the Commission chose not to do this, that was their deci- sion. The only "gun" they were under was to have some long term financing in place by March, 1991. Other comments were made. In answer to a question raised by Commissioner Artis, Mr. Miller stated if Sun Bank is authorized at this time, they will have to have long term financing in place by May 24, therefore the City would not have to activate the additional $3,000,000. Vice Mayor Wische called for a vote of all those in favor of the motion. The motion carried 3-2 in favor of Sun Bank. Commissioner Olenik and Commissioner Weiner voted against the motion. The gavel was returned to the Mayor. CONSENT AGENDA A. Minutes 1. Special City Commission Mtg. Minutes of March 29, 1990 B. Bids - Recommend Approval - Ail expenditures are approved in the 1989-90 Adopted Budqet None C. Resolutions i. Proposed Resolution No. 90-ZZ Re: Release of Performance Bond - Sandpiper Cove City Attorney Cherof read proposed Resolution No. 90-ZZ by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR WATER AND SEWER IMPROVEMENTS AT SANDPIPER COVE PUD" 2. Proposed Resolution No. 90-AAA Re: Release of Performance Bonds for the Access Road in Boynton Lakes, Plat 3B 23 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 City Attorney Cherof read proposed Resolution No. 90-AAA by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BONDS FOR THE ACCESS ROAD IN BOYNTON LAKES, PLAT NO. 3B, AS RECORDED IN CURRENT PALM BEACH COUNTY RECORDS, PLAT BOOK 53, PAGES 56 & 57" City Manager M~ller interjected none of these release of bonds have anything to do with Boynton Lakes North. D. Development Plans None E. Consider approval of Annual Renewal of Community School Contract As outlined in Charles Frederick, Director of Recreation & Parks memorandum NO. 90-161 to the C~ty Manager, it was recommended that the Commission approve the annual contract with the School Board for the Community School program. A $4,000 payment was also recommended. F. Consider approval of request from Golf Course Re: Deep Tine Aerification As outlined in Joe Sciortino, Golf Director's memorandum No. 90-022 to the City Manager, it was recommended that the V~rti-Drain Deep Tine Aeration Process take place this summer. The procedure would be financed from the Golf Course CIP surcharge fund as a major renovation to the s~reens. The cost, excluding our labor, will be approxima- tely $4,000 to $6,000 plus topdressing and possibly any rolling that may be needed. G. Consider approval of request for transfer - Cemetery Lots 33A and 33B, Block N, Boynton B~ach Memorial Park, Addition ~1 Maurice W. and Myrtice M. Lanier requested permission to transfer cemetery Lots 33A and 33B, Block N, Boynton Beach Memorial Park, Addition 91 to Robert and Rachel Weeks. Consider approval of request to hang two banners at Shell Gas Station - Woolbright Road and Federal Highway The Exchange Club/Dick Webber Center for Family Enhancement had requested permission to display two banners on the bays over the gas pumps at Johnny's Boynton Shell East. This gas station will be donating 1¢ per gallon to the Center during 24 MINUTES - REGULAR CITY COMMISSION MEETING BOYI~TON BEACH, FLORIDA APRIL 3, 1990 the month of April in an attempt to support families in cri- sis and at risk of child abuse. The banners will measure 3' x 30' and 3' x 25'. Commissioner Olenik stated the gas station was not going to hang banners as they were too heavy. They were going to put signs on the ground instead. City Manager Miller con- firmed this was correct. I. Consider approval of request to purchase an 800 MHz repeater amplifier system for the Police D~pt. As outlined in Hugh McCaffrey, Communication Manager's memorandum No. 90-085 to the City Manager, approval is requested to purchase an 800 MHz repeater amplifier system for the Police Dept. This will eliminate "dead spots" in radio communication which is needed into the Police Sergeant's office and the jail/cell block. The equipment will cost $11,814.75 and purchase is recommended from Motorola. Commissioner Olenik remarked he would be abstaining from voting on this item as it is a purchase from Motorola. Memorandum of Voting Conflict is on file in the Office of ~he City Clerk. J. Consider approval to repair roof at Lift Station ~313 As outlined in William Sullivan, Purchasing Director's March 29, 1990 memorandum to the City Manager, it was requested that the formal bidding process be waived and required repairs be made to the roof at Lift Station ~313. Brad's Roofing Co., Inc. proposed to do the work for $1,300. K. Approval of Bills See list attached to the original copy of these Minutes in the Office of the City Clerk. Commissioner Olenik indicated he would be abstaining from items ~15 and 16 as they are payments to Motorola. Memorandum of Voting Conflict is on file in the Office of the City Clerk. Relative to item ~15, Commissioner Olenik observed 9 new radios were purchased at the last meeting and now we were purchasing an additional 20. He wanted to know why we needed this many new radios. Hugh McCaffrey, Communications Manager made remarks about these radios being budgeted for the D~tectives and Sergeants and were take home radios. 25 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1990 In connection with item 923, the question was raised as to why the City was paying for the traffic signal light at Sunshine Square. Vincent Finizio, Assistant to the City Engineer replied that money was previously put in an escrow account by a developer. Item ~25 was a payment of 10% retainage to T. & M. Sound and Lighting in connection with the audio/visual equipment in Commission Chambers. Discussion took place regarding proper use of the "mute" button which is located at each Commissioner's seat on the dias. Motion Vice Mayor Wische moved to approve the Consent Agenda. Commissioner Olenik seconded the motion which carried 5-0. ADJOURNMENT The meeting properly adjourned at 8:35 ~. ~ CITY~N.~ BEACH ~ ~ /---- // ~ / ,// Maypr ATTEST: Recording Secretary (Three Tapes) sloner Commissioner 26 AGENDA April 3, 1990 XI. CONs~NDA J cc: Utilities Purchasing 3o 10. ALLEN INSURANCE AGENCY Worker's Comp Self Insurance Administration - Professional Admin. Semi-annual payment per contract. Pay from Self Insurance Fund---622-195-5-134-00 $121,772.00 ALLIED LIME COMPANY Last Quicklime delivery for February, 1990. Pay from Water & Sewer Rev---401-332-5-365-00 3,577.79 B. & B. CONTROLS, INC. Repair and balance Impeller for Pump #3 - Lift Station #317. Pay from Water & Sewer Rev---401-352-5-433-00 Con~nission approved 8/1/89 1,500.00 BOYNTON BEACH CHILD CARE CENTER Payment 1 of 4 - annually recommended by Community Relations Board. Pay from General Fund---001-194-5-988-00 6,250.00 THE CENTER FOR FAMILY SERVICES Employee Assistance Program for March, 1990. Pay from General Fund---001-t35-5-482-00 1,250.20 DE BRA TURF & INDUSTRIAL EQUIP. CO. 1Neary Spin-matic II Grinder for Golf Course per bid specification. Pay from Golf Course Fund---411-726-5-680-08 Per bid 1/28/90, Commission approved 2/7/90 9,993.00 EASTMAN KODAK COMPANY February 1990 minimum billing and January usage billing. Pay from various departments. 1,888.51 HUGHES SUPPLY, INC. 50 Water Meters and lids for Meter Reading Dept. Pay from Utility Cap. Improve.---404-334-5-651-00 "Bid Item" 6,307.50 INSTITUTIONAL SALES 1 Badger Abdominal, 1 Badger Lower Back, 2 Badger 10 Pr. Dumbell Rack w/cradles, 1 Keys Fitness 1t Pr. Dumbells, 2 Ivanko Add-on-Plates and 1 Sonata Spring Collars for Fitness Center to match existing equipment in center. Pay from General Fund---001-135-5-643-00 Commission approved 1/16/90 4,840.52 LESCO, INC. Fertilizer for Golf Course. Pay from Golf Course Fund---411-726-5-366-00 Per bid 12/4/89, Commission approved 2/20/90 1,384.00 COMMISSION APPROVAL 10. LAWMEN'S AND SHOOTERS 12 ASP Leather Holders 2 1/4" Belts and 15 eases a~nunition for Police Dept. Pay from General Fund~--001-211-5-397-00 $ 221.88 " " " " 001-211-5-381-00 1129.70 1,351~.58 11. LEE DATA CORPORATION 1 Lee Data Model 1315 Computer Printer for Police Dept. Pay from General Fund---001-211-5-670-02 "Sole Supplier" Match existing equipment. 2,050.00 12. MARTIN'S LAMAR 338 work shirts, 670 work pants for Facilities Mgm't., Warehouse and Animal Control. Pay from General Fund---001-192-5-397-00 $ 151.00 " " " " 001-291-5-397-00 55.62 " " Warehouse Fund-502-000-0-410-30 15,473.50 15,680.12 13. MERIT EMPLOYMENT ASSESSMENT SERVICES Firefighter Exams, Study Guides & Scoring for Personnel. Pay from General Fund---001-135-5-395-00 4,002.20 14. METRIC ENGINEERING, INC. Professional services - Water Main Design - 60% of lump sum fee of $23,200.00. Pay from Utility Cap. Improve.---404-000-0-690-10 13,920.00 15. MOTOROLA, INC. 20 Motorola Smartnet Portable Radios w/accessories for Police Dept. to match existing equipment. Pay from Misc. Trust Fund---691-000-1~690-60 46,309.00 16. MOTOROLA, INC. Third quarter billing of maintenance contract for radio system(period 4/15/90 to 7/14/90). Pay from General Fund---001-197-5-431-00 18,521.49 17. MUNICIPAL CODE CORPORATION 100 copies of Supplement #44 for Boynton Beach Code of Ordinances. Pay from General Fund---001-122-5-477-00 1,969.08 18. PETERSEN INDUSTRIES, INC. Emergency repair to main loading boom, pedestal swivel for Sanitation truck #93 - self loading trash vehicle used to load other vehicles as well. Needed to maintain present bulk trash schedules. Pay from Sanitation Fund---431-341-5-433-00 2,926.94 19. PIFER INC. 7,045.00 1 Cushman Haulster 461, per bid specifications for Golf Course. Pay from Golf Course Fund---411-726-5-680-08 COMMISSION Per bid 1/28/90, Commission approved 2/6/90 APPROVAL 20. 21. 22. 23. 24. 25. 26. 27. RANDAL SPORTS MEDICAL PRODUCTS, INC. 1 Stairmaster and 1 Floor Mat for Fitness Center. Pay from General Fund---001-135-5-643-00 Cormnission approved 1/16/90 REGENCY DODGE, INC. 1 Con~nodity 1990 Dodge Cargo Van Base Unit for Parks Dept. Pay from Vehicle Service Fund---50t-195-5-688-00 "State Contract #070-001-90-1" RUSS BASSETT 1 Videocassette Cabinet and 1 Steel Filing Cabinet for Compact Discs for Library. Pay from General Fund---001-711-5-671-00 Con~nission approved 1/16/90 SIGNAL SYSTEMS, INC. Completion of Traffic Signal installation at Woolbright Rd. & Sunshine Square. Pay from Misc. Trust Fund---691-000-1-690-50 SOUTH FLORIDA MACK TRUCKS, INC. 1 New 1989 Mack Truck with Rogers 220 RRU Body per bid specifi- cations for Public Works. Pay from Vehicle Service Fund---501-193-5-681-00 Per bid 2/21/90, Commission approved 3/6/90 T. & M. SOUND AND LIGHTING Payment of 10% retainage - $1,340.00 and extra work - $948.00 for Audio Visual Equipment & installation for Commission Chambers. Pay from Building Improve.---304-194-5-463-00 See attached. UNIJAX, INC. P.0.#82373 - 1 Parker Self-Propelled Vacuum , P.O. 82766 - 50 cases Rag on a Roll Wiper and P.O. 82509 - Cleaning & Chemical supplies for Warehouse. Pay from General Fund---001-192-5-462-00 $1,800.00 " " Vehicle Svs.---502-000-0-410-11 2,420.00 " " " " 502-000-0-410-11 9,948.05 CABRR SYSTEMS INC. 14 Lotus 1-2-3 Release 3 for various departments thru Data Processing. "Bid: Metro Dade County #1941-7/90" 2,445.00 10,730.00 2,460.00 24,670.25 75,867.00 2,438.00 14,168.05 4,116.00 COMMISSION 3)990 APPROVAL 28. 29. 30. 31. ABC RESEARCH Organic and Inorganic Lab Tests for Wells 8W and 9W. Pay from Utility Cap. Improve.---404-334-5-651-00 BEN HOGAN CO. Merchandise for Pro-Shop at Golf Course. Pay from Golf Course Fund---411-000-0-420-10 INTEGRATED MICROGAPEIC TECHNOLOGIES,INC. Microfilming for Building Dept. Pay from General Fund---001-000-1-451-06 PHYSIO CONTROL Annual Service Agreement 11/1/89 thru 10/31/90 for medical electronic equipment for Fire Dept. 3,209.50 1,324.62 5,728.20 2,964.00 These bill have been approved and verified by the department heads involved, checked and approved for payment. I therefore reco~end payment of these bills. J/Scott Miller, City Manager COMMISSION APR ~ ),900 APPROVA~ FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAIvlE~MlnnLE NAME Olenik, Jr., Robert 9-D Crossings Circle W~nton Beach, DATE O~ WHICH VOte OCCURRED 4/3/90 Palm Beach NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE City Cc~m~ission THE BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ . crlY ! ~ COUNTY i I OTHER LOCAl AGENCY X NAME OF POLITICAL SUBDIVISION: Boynton Beach MY POSITION IS: WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION tt2.3143, FLORIDA STATUTES I ;CTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting ou 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 from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T:'~ VOTE WILL BE TAKEN: : i should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~*~-ording the minutes of th~ raeeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agenc3: · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the of the meeting, who should incorporate the form in the minutes. ~,~ DISCLOSURE OF LOCAl. OFFICER'S INTEREST !, Rot:~'"c Oler~k, Jr. , hereby disclose that on 4/3/90 (a) A measure came or will come before my agency which (check one) inured to my speciaI private gain; or . - inured to the special gain of (b) The measure before my agency and the nature of my interest in thc measure is as follows: · 19 : · by whom Yam retained. A payment made To Hotorola~ Inc. was included for approval in CONSENT AGENDA, Item K, ~15 and ~16. Although I have no direct renumeraticn from the paymenms mo Motorola, I am on their payroll time %nd this item is now being placed as public record To ensure conflict of voting occurred. I also abstained from voting on CONSENT AGENDA, Item I~ for the same reason. as this no Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §t12.317'(1985), A FAILURE TO MAKE ANY REQUIKE~D 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. PAGE 2