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Minutes 01-19-93NINUTE$ OF THE REGULAR CITY CONNIS$ION NEETING HELD CONNISSION CHANBER$, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, ~ANUARY 19, 1993 AT 6:30 PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner Edward Harmening, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: A. Call to Order - #~yor Arllne Wetner B. Invocation - #oment of Stlent Preyer C. Pledge of Allegiance to the Flag led by Commqssqoner Edward Harmenqng Mayor Weiner called the meeting to order at 6:35 p.m. Following a moment of silent prayer, the Pledge of Allegiance to the Flag was recited. D. AGenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Matson added Item "C" under Old Business which will be a discussion regarding the Civil Service Workshop. Commissioner Aguila requested an Update on Captain Frank's under 01d Business, Item "D". He pointed out that during the September 15th Commission meeting, Captain Frank's was instructed to do certain things and to date, nothing has been done. Mayor Weiner added Item "A-3" under New Business. This will be a discussion regarding the upcoming F.D.O.T. hearing on January 27, 1993. Mayor Weiner added Item "A-4" under New Business. This item will be a report on the County Commission action of today regarding the Certificate of Necessity on ALS. City Manager Miller asked that the agenda be corrected to show Item III, A-2, as Special City Commission Meeting Minutes of Januar~ 7, 1993. 2. Adoption Vice Mayor Matson moved to approve the agenda as corrected. seconded the motion which carried 5-0. Commissioner Aguila - 1- HIHUTE$ - REGULAR CITY COltIISSIOH HEETING BOYNTON BEACH, FLORIDA ~AHUA~Y 19, 1993 ADHIHISTRATIVE: A. Board Appointments: Appointment To Be Made Reg/ Board Alt Length of Term Expiration Date Matson Community Relations Bd, Alt 4/93 TABLED Harmening Children & Youth Advisory Alt 4/93 TABLED Matson Code Enforcement Board Alt 9/93 TABLED Weiner Library Board Alt 4/93 TABLED Weiner Advisory Bd. on the Elderly Alt 6/93 TABLED Commission Education Advisory Board Student 6/93 TABLED Matson Education Advisory Board Alt 6/93 Matson Advisory Bd. on the Elderly Reg 6/94 All previously tabled Board appointments were left on the table. Vice Mayor Matson tabled her Alternate appointment to the Education Advisory Board. Vice Mayor Matson appointed Rebecca Easterday as a Regular member of the Advisory Board on the Elderly, with no objections. B. Authorization to proceed with bids on the demolition of the North Treatment Plant (Old Wastewater Treatment Plant) City Manager Miller referred to Utilities Memorandum #93-011 from John Guidry dated January 13, 1993. In July of 1992, the City Commission approved $240,000 for the demolition and perimeter landscaping. Of that $240,000, $40,000 has been set aside for the landscaping and $200,000 will be used for the demolition. Staff is requesting authorization to move forward and seek bids for the demoli- tion. Commissioner Harmening feels it is necessary to allocate more money for the demolition and less for the landscaping. Further, he questioned whether or not it is necessary to spend $40,000 on landscaping. Commissioner Aguila feels it is necessary to provide as much landscaping as possible to buffer the residen- tial areas from the site. City Manager Miller feels it might be possible to provide the landscaping for half of the amount allocated. Commissioner Aguila is opposed to the use of plastic slats on the fence located on the east side and requested a hedge be used instead. Notlon Vice Mayor Matson moved to authorize staff to proceed with bids for the demoli- tion of the North Treatment Plant. Commissioner Aguila seconded the motion which carried 5,0. -2- NINUTE$ - REGULAR CITY CONNiS$ION NEETING BOYNTON BEACH, FLORIDA dANUARY 19, 1993 C. Golf Course Reorganization Golf Director Joe Sciortino made the presentation. He explained that the pro- posal is to eliminate a currently vacant Pay Grade 19, Sprayman position. The Foreman and Superintendent are currently splitting the duties of that position. It is intended to hire a more qualified person in Pay Grade 29 who will be called Assistant Golf Course Superintendent. This position will be an exempt position and will eliminate the high cost of overtime pay. This Assistant Golf Course Superintendent will also be ablertO fill the void when the Superintendent is not present. There will be no additional dollar expenditures during this fiscal year by the incorporation of this position. Actually, the Golf Course will realize a cost savings of $7,000. Further, this new position will provide the opportunity for in-house promotions. Notion Commissioner Harmening moved to approve staff's recommendation as far as the reorganization of personnel at the Golf Course in the Golf Course Maintenance Division. Vice Mayor Matson seconded the motion Which carried 5-0. D. Request authorization to auction existing Recreation concession trailer and to proceed with bids for a new trailer (replacement) Notion Commissioner Harmening moved to proceed with the recommendation of the Recreation Department. Commissioner Aguila seconded the motion which carried 5-0. E. Discuss alternate board members' participation at board meetings Mayor Weiner explained that the Commission's back-up material included notes from a 1983 meeting where this subject was discussed. This present discussion is taking place because some of the Boards have never had Alternate positions and are not sure what to do with them. Commissioner Harmening supports the suggestion formulated in 1983 by Peter Cheney. Vice Mayor Matson, Commissioner Aguila and Commissioner Walshak agreed with Commissioner Harmening's position. Vice Mayor Matson explained that when she was an Alternate on the Community Appearance Board, although her input was welcomed, she did not have a vote unless she was seated at the dais. Mayor Weiner requested one correction to the "Procedure for Participation by Board Alternates at Board Meetings". She referred to a memorandum dated June 7, 1983, Items C and D, wherein Alternates should be given a limited opportunity by the Chairman to ask questions. Mayor Weiner feels an Alternate member should be given an opportunity to provide input and that opportunity should not be limited. She asked that the word "limited" be removed. Notion Vice Mayor Matson moved to eliminate the word "limited" from the Procedure. Commissioner Aguila seconded the motion which carried 5-0. -3- NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1993 F. Authorize Installation of backflow preventers at City facilities City Manager Miller explained that Ordinance #90-51 requires the installation of backflow prevention devices on.all water services connected to the Utilities Department. There are presently twenty-five buildings and approximately sixty sprinkler systems which require those backflow preventers, Staff is attempting to install as many preventers in-house as possible; however, it is staff's opin- ion that the job can be completed more quickly if it is contracted out. Authorization is requested to seek several proposals to develop a bid. This will be brought back to the Commission at a future meeting. Notlon Commissioner Harmening moved to accept the City Manager's recommendation for backflow preventers. Commissioner Walshak seconded the motion which carried 5-0. CONSENT AGENDA: A. Ntnutes: 1. Regular Clt~ Commission Neetln9 Ntnutes of ~anuar~ 5, 1993 Mayor Weiner asked that a correction be made on Page 20, last line, to reflect that the vote was 4-0, not 5-0. 2. Special Clt~ Commission Neetln9 Nlnutes of Januar~ 7, 1993 B. Bids - Recmmmnd Approval - All expenditures are approved in the 1992-93 Adopted Budget None C. Approval of Bllls A list of these bills is attached to the original copy of these minutes on file in the City Clerk's-Office. D. Consider request for disinterment, transfer to Nausoleum, and transfer of Cemeter~ Lots 269 A & B, Block O, Bo~nton Beach Nemorial Park As outlined in City Clerk Sue Kruse's Memorandum #93-007, please consider Mr. James Lacey's request to disinter his wife, Susan C. Lacey, from Cemetery Lot 269 A, Block O, Boynton Beach Memorial Park, so that he can entomb her in the Boynton Beach Mausoleum. Further, following the disinterment, he requests per- mission to transfer Cemetery Lots 269 A & B, Block O, Boynton Beach Memorial Park, to Callie Brown. E. Consider refund request for Cemetery Lot 15, Block N, Boynton Beach Nemorlal Park As outlined in City Clerk Sue Kruse's Memorandum #93-010, please consider Mr. Louis Shapiro's request for a refund on Cemetery Lot 15, Block M, Boynton Beach Memorial Park. He has purchased space in the Boynton Beach Mausoleum. -4- MINUTES - REGULAR CITY COHMISSION MEETING BOYNTON BEACH, FLORIDA ~ANUARY 19, 1993 F. Approve Records Destruction Request -Ctty Clerk's Offtce As outlined in City Clerk Sue Kruse's Memorandum #93-011, the State has approved Records Destruction Request No. 239 submitted by the City Clerk's Office. G. Payment of Btlls- December, 1992 A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. H. Receive and File Departmental Activity Reports Motion Commissioner Aguila moved the approval of the Consent Agenda as corrected. Vice Mayor Matson seconded the motion which carried 5-0. MAYOR WEINER DECLARED A RECESS UNTIL 7:00 P.M. ANNGUNCEHENT$ & PRESENTATIONS: A. Proclamations: 1. Shrtne Hospital Da,ys - February 18-28, 1993 Mayor Weiner read a Proclamation declaring February 18 through February 28, 1993 as Shrine Hospital Days. 2. Black Awareness De3 - February 20, 1993 Mayor Weiner read a Proclamation declaring February 20, 1993 as Black Awareness Day. B. Announcements: 1. A,A,R,P, Tax Preparation - February 1, 1993 through Apr11 15, 1993, g:o0 A,N, - 12:00 Noon - Nond~through Frtda,y - C~tsslon Cheers Mayor Weiner announced that in an effort to provide tax preparation assistance, representatives from A.A.R.P. will be present in Commission Chambers, Monday through Friday, from February 1st through April 15th during the hours of 9:00 a.m. through 12:00 noon. BIDS: None PUBLIC NEARING: None -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,IANUARY 19, 1993 PUBLIC AUDIENCE: Wllda Searcy~ 402 NE 13th Avenue~ questioned why the City Commission was not represented at the march on Martin Luther King, Jr. Day. She stated it was a shame that the only Whites present at the march were from the news media and the Police Department. She further questioned whether Mr. Hester's and King Tut's photos were put back in the Library. Ms. Widmer reported that King Tut's photo is in its usual loca- tion. Mr. Hester's photo was moved to the Hester Center because it was felt that was the appropriate place for it. Ms. Farace explained to Ms. Widmer that a History Room will be located in the Library which will contain a great deal of memorabilia. Mr. Hester's photo will be included in that museum. Mrs. Searcy insisted Mr. Hester's photo be put back in the Library. She accused Boynton Beach of being discriminatory and threatened to bring a suit against the City if the photo is not put back in the Library. Vice Mayor Matson suggested to the Community Relations Board that they consider having the photograph copied so that it can be displayed at the Hester Center as well as in the Library. With regard to the proposed high school which would be located on Congress Avenue and Old Boynton Road, Mrs. Searcy requested the Commission consider installing a catwalk across 1-95 so that children can safely walk or ride bicycles to school. Further, she requested the Library get more books related to Black history. Art Matthew$~ 1262 Gondola Court~ met with City Manager Miller and Mr. Hawkins to discuss entitlement funds for the City of Boynton Beach. They are all of the opinion that the time has come for Boynton Beach to become an entitlement City. He asked that investigations proceed in this regard. City Manager Miller explained that although population has been used as a guide- line in the past, it was found that in 1985-86, Delray Beach was able to obtain funds. Staff is now researching how this was accomplished and they are also working with Mr. Harvin to find out what is necessary to get the entitlement out of HUD in Washington instead of from the program through the County. Vice Mayor Matson obtained a great deal of literature on this subject while she was in Tallahassee. That literature is in Mr. Hawkins' possession. She urged Mr. Matthews to review that information. Mayor Weiner suggested a letter be written to Congressman Harry Johnston to alert him that Boynton Beach is attempting to find a way to become an entitle- ment City. She asked Mr. Matthews to keep on top of the situation to be sure this goal is achieved. Mr. Matthews offered his services and the services of the Community Development Corporation if they are required. Mayor Weiner asked City Manager Miller to copy Mr. Matthews on any correspondence sent or received with regard to this subject. -6- NINUTE$ - REGULAR CITY COI~I$SION NEETING BOYNTON BEACH, FLORIDA ,1ANUARY 19, 1993 DEVELOPNENT PLANS: A. CONSENT AGENDA - UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT BOARD Project Name: Agent: Owner: Location: Description: Boynton Beach East Water Treatment Plant John Guidry, Utilities Director City of Boynton Beach 124 East Woolbright Road PARKING LOT VARIANCE - Request variances to Section 5-142{a} Lighting and Section 5-142{h)3, 5, and 7 Driveway of Article X, Parking Lots Chris Cutro made the presentation. He explained that the variances being requested are: e Lighting. There is a non-public parking area in the center of the site which will not achieve the required lighting standard. The number of driveways required are two. Presently, there are three driveways on each street. e e The distance of the driveways from the corner of the northernmost drive- way on Seacrest Boulevard is 100 feet but Code requires 180 feet. Regarding the driveway depth, the east driveway on Woolbright Road is only 28 feet long, but Code requires it to be 100 feet. With regard to the parking situation, it is limited parking for employees only during daytime hours. There will be some lighting provided on the buildings. Further, the Utilities Department feels proper lighting would have an adverse impact on the preserve area and residential uses to the south. The Technical Review Committee reviewed all of the variances and unanimously recommended approval. The Planning and Development Board also reviewed the variances at its meeting of January 12, 1993, and forwarded .it with a recommen- dation for approval. Notion Commissioner Harmening moved to accept the recommendation of the Planning and Development Board and approve the variance request for the Boynton Beach East Water Treatment Plant. Commissioner Aguila seconded the motion. Commissioner Aguila explained that there was a great deal of discussion at the Planning and Development Board meeting with regard to the fact that there are three drives on Seacrest Boulevard. Commissioner Aguila provided a sketch showing the middle drive closed off with bollards and chain for most of the time. The drive can then be extended to the south to meet the other drive which is used on a regular basis. This would put a greater distance between the two drives and takes the use of the center drive further away from the intersection which will lessen the possibility of accidents. Commissioner Harmening disagreed with this proposal. -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1993 John Guidry, Utilities Director, also had a problem with Commissioner Aguila's suggestion. He stated a great deal of money was spent in xeriscaping which would have to be obliterated. Commissioner Aguila disagreed. Peter Mazzella, Assistant to the Utilities Director, explained that some of the berm would have to be removed. Also, that area is sometimes used for cranes. By following Commissioner Aguila's suggestion, that driveway would not be accessible. Further, Mr. Mazzella stated he could not recall any accidents being caused by that particular driveway. Commissioner Harmening pointed out that the middle driveway is used at times, but mostly for deliveries; however, there are probably only five or six vehicles using that driveway per day. Mr. Guidry also explained that he has been attempting to hold off spending any additional dollars at this site until the West Water Treatment Plant is brought on line. His budget is quite tight at this time and he feels this suggestion is a waste of money. The motion carried 5-0. B. NON-CONSENTAGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT None C. OTHER: 1. Discussion regarding Sears Automotive Service Center at the Boynton Beach Mall - letter dated January 13, 1993 fr~ Dick Greco, Vice President, Development Governmental Relations, OeBartolo Corporation Dick Greco~ representtnQ DeBartolo Corporation, asked for consideration from the C~ission in changing the Ordinance governing tire and battery shops for the Boynton Beach Mall. Sears would like to build a facility. The current Ordinance does not allow this facility because it would not be attached to the building. Mr. Greco feels there are extenuating circumstances since the Mall is approximately 100 acres in size. This facility will employ approximately thirty to forty people. In response to Commissioner Aguila's question regarding conditional use, Commis- sioner Harmening,stated this use is not allowed anywhere as a conditional use, but the text could be changed to allow this on any parcel zoned C-3 which is over fifty acres. Vice Mayor Matson has no problem with this facility at the Mall, but does have a problem with such a facility on an outparcel. Commissioner Aguila would insist on this being a conditional use so that the impact on surrounding areas can be determined. Mayor Weiner has a problem with this facility. She stated that Goodyear was turned down for a similar request at Hypoluxo Road and Congress Avenue. The majority of the Commission voted against that request. The parcel in question -8- MINUTES - REGULAR CITY COMNISSION MEETING 80YNTON BEACH, FLORIDA ~IANUARY 19, 1993 is located at the northeast corner along the canal. Savannah Lakes is located across the canal and will overlook this facility. Commissioner Harmening pointed out that with a conditional use, this will come back before the Commis- sion. If the Commission is not satisfied with the plan, it can be turned down. Commissioner Walshak stated this item was supposed to have been reviewed approx- imately five years ago to address this particular automotive outparcel. He said the Planning and Zoning Board specifically stated DRIs would be attached as a conditional use. Commissioner Walshak feels this request is entirely different from the request by Goodyear. The landscaping code will address the problem of buffering the site. Further, wall screening is mandatory. He is of the opinion that no one in the apartments across the canal will be able to see anything through the wall and landscaping. Vice Mayor Matson has no problem with this as a DRI with a conditional use. Further, she clarified that no vote was taken on the request at Hypoluxo Road and Congress Avenue because the letter was bogus. Commissioner Harmening pointed out that the Mall is a DRI and he is not certain whether the DRI process is needed in this case since the piece of property is so small. Commissioner Harmening feels the text should be changed to allow this use on a parcel of seventy-five acres or greater. Mr. Greco stated a conditional use would be acceptable to DeBartolo Corporation. Norton Commissioner Harmening moved to approve the request subject to the proper text being amended to allow this type of operation on a parcel of not less than seventy-five acres and as a conditional use. Commissioner Aguila seconded the motion. Mayor Weiner feels the City of Boynton Beach does not need another automotive parts store and for the aesthetic value of the Mall, she will vote against it. The motion carried 4-1. (Mayor Weiner cast the dissenting vote.) D. CITY CO~MISSION AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) MAYOR WEINER ANNOUNCED THAT THE COMMISSION WAS NOW SITTING AS THE COMMUNITY REDEVELOPMENT AGENCY. Revlew of request for $1gns wtth color$ other than a11o~ed In the Coastal Village design area - Flna Station, southwest corner of Federal Hlgh~e3 and Boynton Beach Boulevard Chris Cutro made the presentation. He reminded the Commission that in 1992, they approved a site plan for the Tire Store on the southwest corner of Federal Highway and Boynton Beach Boulevard. The owners have now received a franchise from Fina. A sign will be erected on the site; however, the colors are dark blue, with white and red lettering. The blue color is close to the allowable blue in the Cor~nunity Development guidelines, but the red is not allowed. The Community Redevelopment Advisory Board reviewed this proposal at its meeting of December 14, 1992, and forwarded it with a recommendation for approval. -9- NINUTE$ - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA ~ANUARY 19, 1993 Notlon Commissioner Aguila moved to approve the color variance. Commissioner Harmening seconded the motion. Vice Mayor Matson pointed out that a variance was granted for Bank Boynton. The motion carried 5-0. 2. Review of request to paint structure in colors other than those allowed by Coastal Village design area - 610 $,E, 2nd Avenue Chris Cutro made the presentation. He stated that the owner of the property, Mr, Gene Frere, is in the process of renovating the structure at that location. This structure is located behind the Farm Store. Photos and a drawing of the building were circulated. The structure does not conform with the Coastal Village design guidelines since it was built prior to the inception of the guidelines. Mr. Frere will be doing landscaping and parking improvements. Mr. Frere would like to repaint the stucco building. The Coastal Village guidelines require a wood exterior with blue to gray tones. The proposed color does not meet the requirements. The Community Redevelopment Advisory Board reviewed this proposal in December, and forwarded it with a recommendation for approval. Commissioner Aguila questioned the color chosen by the applicant and felt it was quite intense. He requested the color be toned down. Mayor Weiner explained that a color swatch has been presented and it is the Commission's responsibility to vote it up or down. She pointed out that she could not vote in favor of the color presented and is not prepared to vote on something she has not seen. Commissioner Harmening confirmed that the applicant plans to paint the brick. Notion Commissioner Harmening moved to deny the request in its entirety. Commissioner Aguila seconded the motion. Mayor Weiner confirmed that a reapplication can be brought back to the CRA. The motion to deny carried 5-0. THE CITY COMMISSION RESUMED ITS RESPONSIBILITIES AS THE CITY COMMISSION. LE~,L: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 093-1 Re: Referendum Issue - High School on Congress Avenue (east side}, north of Old Boynton Road - Infrastruc- ture (water, sewer, and road} - 10 - MINUTES - REGULAR CITY COtOIIS$ION MEETING BOYNTON BEACH, FLORIDA 4ANUARY 19, 1993 Attorney Cherof read Proposed Ordinance No. 093-1 by title only: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING CERTAIN CAPITAL PROJECTS CONSISTING OF WATER, SEWER AND ROAD INFRASTRUCTURE IMPROVEMENTS FOR THE CONSTRUCTION OF A PUBLIC HIGH SCHOOL IN THE CITY OF BOYNTON BEACH, FLORIDA, TO BE LOCATED AT CONGRESS AVENUE AND OLD BOYNTON ROAD; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATIONS BONDS TO THE CITY TO PAY FOR THE COSTS OF SUCH IMPROVEMENTS; PROVIDING FOR A BOND ELECTION AT WHICH THE PROPOSITION FOR THE ISSUANCE OF THE BONDS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY; AUTHORIZING BUT NOT REQUIRING THE VALIDATION OF THE BONDS; PROVIDING THE FORM OF THE QUESTION TO BE PRESENTED AT THE BOND ELECTION; PROVIDING FOR NOTICE OF ADVERTISEMENT TO SAID BOND ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Weiner reported that Mr. Swann, Finance Director, provided a listing of costs of a ten-year payoff. Costs were provided for a $2 million bond issue. Mayor Weiner stated that if the School Board does not select the Congress Avenue site, this question will be moot. This bond issue is to pay for road, water and sewer improvements. If the electorate votes for the ten-year bond issue, the cost to the taxpayer with a home with a tangible value of $25,000 (a home assessed at $50,000 with a $25,000 homestead exemption) will be $4.00 the first year and $3.00 every year thereafter for a total of $33.00 over ten years. If the taxable value of the home is $50,000 (a $75,000 assessed valuation), the homeowner will pay $8.00 the first year, $7.00 the next four years, and $6.00 the next five years, for a total of $66.00 over a ten-year period. If the taxable value of the home is $75,000 (a $100,000 assessed value), the homeowner will pay $11.00 the first year and $10 every year' thereafter for a total of $99.00 over a ten-year period. If the home costs $200,000 after the homestead exemption, they will pay $32.00 for the first year and the cost rises after that. If the home costs $300,000, they will pay $40.00 the first year and then the cost rises after that. Mayor Weiner said there has been a great deal of discussion regarding whether or not this should be a one-year bond issue. She feels it should be a ten-year issue so that people coming into the City would participate in paying off the bond issue. Mayor Weiner reported there are real estate brokers who are not enthusiastic about Boynton Beach. They discourage prospective buyers by telling them the schools in the area are not good. Mayor Weiner feels a school in the City makes a home more marketable. Vice Mayor Matson stated that the figures needed to be corrected to reflect that the amount to be paid by a homeowner with a taxable-valued home of $25,000 would be $31.00 rather than $33.00. The amount for a taxable-valued home of $75,000 is $101 rather than $99.00. - 11- HINUTE$ - REGUI. AR CITY COKqI$SION HEETING BOYNTON BEACH, FLORIDA. JANUARY 19, 1993 £ V~ck~Nornlngstar~ of 1055 Old Boynton Road, wondered how this school would affect Old Boynt~n R-~ad with---Fegard to traffic, road widening, bridge and sewers. Mayor ~einer expla/~n~d that it is unknown at this time if the School Board will select this site. Further, if the site is selected, it is unknown where on the property they wi~il, place the school. · Mr. Miller adv¥~sed that the City is hopeful the proposed location will not brino onto Old ' additiOnal tra~f~. Boynton Read; however, Old Boynto'n Road would probably becom~e ~n emergency outlet. 'The City is not anticipating widening Old Boynton~Road ~rom Boynton Beach Boulevard to Congress Avenue. Widening is not on the Cou~ty'~s plans or the Metropolitan Planning Organization!s plans ~t this t~me. Si~a~f' ~s aware of th~ major impact suci~ a widening project would have on the co~Nt't~. Ms. Morningstar questioned whether notices will be sent to residents along Old B~y~ton Road Whem.%he information is received from the School Board. Mr. Miller adgised that everyo~qe will be notified. Ms. ~arker reported the road improvements laid out by the Engineering Department include a turn lane westbound on Old Boynton Road, a turn lane eastbound on Old Boynton Road, an~ bridge replacement on Old Boynton Road. These improvements would be made regardless of the placement of the school on the site. In addi- tion, there Will be a turn lane southbound on Congress Avenue and widening NW 22nd Avenue to four lanes from Congress Avenue to Lawrence Road. Vice Mayor Matson advised Ms. Morningstar that the Co.~nission is not making this decision. This will be decided by the electorate in March. Ms. Morningstar was still concerned about how the property owners will be impacted and who will pay for the easements. She owns one acre of property on Old Boynton Road. Ms. Parker explained this will be a normal road project like any other. If the right-of-way was needed, ~he City will purchase it at the appraised value. There is an allocation in the bond issue to purchase the right-of-ways. Jolene Rasmussen, of 508 NW loth Court, said the homeowners of Sky Lake have 6-~-gun to ask her a great many questions for which she has no answers. She asked for the names of City staff she can contact for further information. Mr. Miller advised that he or Ms. Parker would be able to assist her. Although Commissioner Harmening would like a high school within the City limits, he is opposed to paying the additional costs. He feels the citizens are already paying for schools through taxes and does not think we should have to pay twice in order to get the school within the City. However, he will support putting the bond issue on the referendum so that the voters will have an opportunity to express their views. Vlcltv Durland, 988 Old Boynton Road, feels the traffic will increase on Old Boynton Road regardless of where the school is placed on the site. She pointed out that the road already has too much traffic and a school will make it worse. - 12 - MINUTES - REGULAR CITY COMNI$$ION MEETING BOYNTOH BEACH, FLORIDA JAHIJARY 19, 1993 VlcY2 #ornlngstar, of 1055 01dBoynton Road, wondered how this school would affect Old Boynton Road with regard to traffic, road widening, bridge and sewers. Mayor Weiner explained that it is unknown at this time if the School Board will select this site. Further, if the site is selected, it is unknown where on the property they will place the school. Mr. Miller advised that the City is hopeful the proposed location will not bring additional traffic onto Old Boynton Road; however, Old Boynton Road would probably become an emergency outlet. The City is not anticipating.widening Old Boynton Road from Boynton Beach Boulevard to Congress Avenue. Widening is not on the County's plans or the Metropolitan Planning Organization's plans at this time. Staff is aware of the major impact such a widening project would have on the community. Ms. Morningstar questioned whether notices will be sent to residents along Old Boynton Road when the information is received from the School Board. Mr. Miller advised that everyone will be notified. Ms. Parker reported the road improvements laid out by the Engineering Department include a turn lane westbound on Old Boynton Road, a turn lane eastbound on Old Boynton Road, and bridge replacement on Old Boynton Road. These improvements would be made regardless of the placement of the school on the site. In addi- tion, there will be a turn lane southbound on Congress Avenue and widening NW 22nd Avenue to four lanes from Congress Avenue to Lawrence Road. Vice Mayor Matson advised Ms. Morningstar that the Commission is not making this decision. This will be decided by the electorate in March. Ms. Morningstar was still concerned about how the property owners will be impacted and who will pay for the easements. She owns one acre of property on Old Boynton Road. Ms. Parker explained this will be a normal road project like any other. If the right-of-way was needed, the City will purchase it at the appraised value. There is an allocation in the bond issue to purchase the right-of-ways. Jolene Rasmussen, of 508 NW loth Court, said the homeowners of Sky Lake have begun to ask her a great many questions for which she has no answers. She asked for the names of City staff she can contact for further information. Mr. Miller advised that he or Ms. Parker would be able to assist her. Although Commissioner Harmening would like a high school within the City limits, he is opposed to paying the additional costs. He feels the citizens are already paying for schools through taxes and does not think we should have to pay twice in order to get the school within the City. However, he will support putting the bond issue on the referendum so that the voters will have an opportunity to express their views. Vlcl~y Durland, 988 Old Boynton Road, feels the traffic will increase on Old Boynton Road regardless of where the school is placed on the site. She pointed out that the road already has too much traffic and a school will make it worse. - 12- .NINUTES - REGULAR CITY COMMISSION NEETING BOYNTON BEACH, FLORIDA ,JANUARY 19, 1993 Mayor Weiner agreed that the traffic on that street will increase when SW 8th Street is completed. She feels something will have to be done with that street. Notion Commissioner Aguila moved to approve Proposed Ordinance 093-1 on second reading. Commissioner Harmening seconded the motion. Commissioner Walshak said he has not been in favor of this Ordinance from the beginning and will vote against it again this evening. He stated that this piece of property is the last piece of potentially developable property left in the City. If this property is sold to the School Board, the property would automatically be excluded forever from any ad valorem taxes toward the City and that loss would amount to a great deal of money. He is opposed to paying $1.9 million to the School Board to entice them to take this property off the City's tax rolls. A roll call vote was polled by City Clerk Sue Kruse. The vote was 4-1. {Commissioner Walshak cast the dissenting vote.) City Manager Miller distributed a fact sheet which has been placed in the lobby of City Hall. This fact sheet provides some information on the upcoming referendum. Mr. Miller asked for direction from the Commission. Mayor Weiner pointed out it is the Commission's responsibility to get as much information to the public as possible. Attorney Cherof advised that the infor- mation must be neutral. City Manager Miller will bring a flyer back to the next meeting for review by the Commission. Mr, B~lj Rannarse~ representing a local cricket club, presented MaYor Weiner with a tee' shirt and the winning ball from a game played against New York this past weekend. B. Ordinances - 1st Reading: Proposed Ordinance No, 093-2 Re: Change allowable weight from 3/4 ton capacity to one ton load capacity for trucks allowed in residen- tial-areas Attorney Cherof read Proposed Ordinance No. 093-2 by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, MOTOR VEHICLES AND TRAFFIC, TO PROVIDE FOR AMENDMENT OF SECTION 14-3 ESTABLISHING WEIGHT RESTRICTIONS FOR MOTOR VEHICLE PARKING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND A EFFECTIVE DATE. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 093-2. THE MOTION DIED FOR LACK OF A SECOND. - 13 - #INLITE$ - REGULAR CITY COI414I$$ION #EETING BOYNTON BEACH, FLORIDA ~IAHUARY 19, 1993 C. Resolutions: Proposed Resolution No. R93-6 Re: Authorize execution of an agreement between the City of Boynton Beach and Richard P. Wille, as Sheriff of Palm Beach County for utilization of the Palm Beach County Firing Range to conduct training of its agents and employees Attorney Cherof read Proposed Resolution No. R93-6 by title 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 RICHARD P. WILLE, AS SHERIFF OF PALM BEACH COUNTY, FOR UTILIZATION OF THE COUNTY'S FIRING RANGE TO CONDUCT TRAINING OF ITS AGENTS AND EMPLOYEES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. #otton Commissioner Harmening moved the adoption of Proposed Resolution No. R93-6. Commissioner Aguila seconded the motion which carried 5-0. e Proposed Resolution No, R93-7 Re: Authorize execution of Contract Agreement between Scantron and the City of Boynton Beach for the maintenance on the electronic scanners utilized in the Personnel Department Attorney Cherof read Proposed Resolution No. Rg3-7 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SCANTRON; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. #orlon Commissioner Harmening moved the adoption of Proposed Resolution No. Rg3-7. Vice Mayor Matson seconded the motion which carried 5-0. e Proposed Resolution No, R93-8 Re: Authorize execution of Addendum I to the Conceptual Approval Agreement for a six-month time exten- sion for the Seacrest Scrub Acquisition Project Attorney Cherof read Proposed Resolution No. Rg3-8 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE CONCEPTUAL APPROVAL AGREEMENT FOR THE SEACREST SCRUB ACQUISITION PROJECT; A COPY OF SAID ADDENDUM IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Norton Commissioner Harmening moved the adoption of Proposed Resolution No. R93-8. Commissioner Aguila seconded the motion which carried 5-0. - 14 - NINUTES - REGULAR CITY COt4NISSION #EETING. BOYNTON BEACH, FLORIDA ~IANUARY 19' 1993 ® Proposed Resolution No. R93- Re: Authorize execution of a lease agreement between the City of Boynton Beach and Halsey'Griffith for office space to be utilized by HRS Proposed Resolution No. R93- Re: Authorize execution of lease agreement between the City of Boynton Beach and HRS for office space located in the Halsey Griffith building With regard to these two items, Ms. Parker announced that when this item was brought to the Commission two weeks ago, the owner of the Halsey Griffith building agreed to consider the price HRS was bound to by their budget. HRS inspected the building and reviewed the improvements which would be necessary. HRS and Halsey Griffith were unable to agree on a rental rate. Therefore, these two items should be deleted from the agenda. ® Proposed Resolution No. R93-9 Re: Authorize execution of Contract Agreement between Information Management of Florida for the main- tenance on the Canon PC-80 microfiche reader/printer Attorney Cherof read Proposed Resolution No. R93-9 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PRODUCT MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INFORMATION MANAGEMENT OF FLORIDA {I.M.F.) FOR MAINTENANCE COVERAGE ON THE CANON PC-80 MICROFICHE READER/PRINTER; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Notion Commissioner Harmening moved the adoption of Proposed Resolution No. R93-9. ViceMayor Matson seconded the motion which carried 5-0. e Proposed Resolution No. R93-10 Re: Authorize execution of Contract Agreement between Smith Architectural Group, Inc. and the City of Boynton Beach for the development of a long-term plan for the reuse and rehabilitation of The Historic Boynton Schools Attorney Cherof read Proposed Resolution No. R93-10 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SMITH ARCHITECTURAL GROUP, INC., FOR THE DEVELOPMENT OF A LONG TERM PLAN FOR THE REUSE AND REHABILITATION OF THE HISTORIC BOYNTON SCHOOLS; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Ms. Parker advised that a substitute agreement was submitted tonight with a few minor changes. They include a title change from Planning and Design to Professional Services. The date has been changed to a date certain of July 15th. Exhibit "B" was changed to Exhibit "A" and Paragraph 10 on Contingency was deleted since there is a team working on this. Further, Palm Beach County was added as the place where this should be adjudicated. - 15 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~AHUARY 19, 1993 Commissioner Harmening felt an inordinate amount of $5,000 is being charged under Item 1-A on Exhibit "A". He pointed out that most of the plumbing and electrical will have to be replaced. Commissioner Aguila agreed, but believes they are justifying the bottom line. #orlon Commissioner Aguila moved to approve Proposed Resolution No. R93-10 as corrected. Vice Mayor Matson seconded the motion which carried 5-0. e Proposed Resolution No, R93-11 Re: Authorize execution of an agreement between the City of Boynton Beach and the Lantana Police Department for utilization of the City's Firing Range to conduct training of its agents and employees Attorney Cherof read Proposed Resolution No. R93-11 by title only: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE LANTANA POLICE DEPART- MENT, FOR UTILIZATION OF THE CITY'S FIRING RANGE TO CONDUCT TRAINING OF ITS AGENTS AND EMPLOYEES; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. #orlon Commissioner Harmening moved the adoption of Proposed Resolution No. R93-11. Vice Mayor Matson seconded the motion which carried 5-0. O. Other: None OLD BUSINESS: A. #aster plan modification to mTmnd a condition regarding the construction of Knuth Road as part of the Tara Oaks PUD ,,,,,,,,,,,,,,,,,,,,, TABLED City Manager Miller advised that Messrs. Schroeder and Winchester have been meeting with staff, but no acceptable agreement has yet been reached for presen- tation to the Commission. Mr. Miller requested this item be removed from the agenda until an acceptable agreement is reached. Norton Commissioner Harmening moved to strike this from the agenda. Commissioner Aguila seconded the motion which carried 5-0. B. Network Computer Alded Olspatch Systems (CAD) - Southern Bell Proposal City Manager Miller reminded the COmmission that this item was discussed in December, and it was suggested this be brought back at this meeting. Commis- sioner Harmening did not recall the Commission asking for this item to be - 16 - #INUTES - REGULAR CITY COMMISSION #EETING BOYNTON BEACH, FLORIDA ~IANUARY 19, 1993 brought back and Mayor Weiner did not remember any official action being taken. Mr. Hawkins stated information has been added to the original reports received by the Commission and offered to provide answers to questions by the Commission. Mayor Weiner advised that she reviewed the report and while this system may be very helpful, the City cannot afford it at the present time. The cost is $51,456 per year for seven years plus the cost of a computer programmer at Pay Grade 32 which amounts to $33,571 plus benefits. The total amounts to $85,027. Mayor Weiner does not see the need for this program. Vice Mayor Matson agreed. C. Clvll Service Workshop Vice Mayor Matson recalled that the City Commission voted to conduct a Civil Service workshop during the month of January. She asked for an update on where this item stands. She stated she has called the City Manager's Office a few times, but no information has been available. She wondered why something the Commission voted on has been dismissed. City Manager Miller reported that he, City Attorney Cherof, Bill Sullivan, Arthur Lee and Ms. Parker have met on this issue. Mr. Cherof has been prepar- ing his comments, but because of Mr. Miller's absence during December, he has not been able to review those comments. Vice Mayor Matson would like this item to move forward and asked that it be sent to the employee subcommittee Chris Yanuzzi spoke about at one of the meetings in July. She would like the employees' input before it is brought back to the Commission. City Manager Miller stated the Civil Service Committee has gone through the document and outlined their comments and recommendations; however, they have not had the benefit of reviewing anything done through the City Attorney's Office. City Manager Miller will take this document back before the Civil Service Committee. Vice Mayor Matson feels the group needs to be privy to everything the Commission is privy to and reminded City Manager Miller that she does not want this item stalled. D. Update on Captain Frank's Commissioner Aguila reported that at the September 15th Commission meeting, Captain Frank's had two requests before the Commission. One of the requests was to allow them to install the barrel tile. That request was approved. The other request was to delete the requirement of two islands and closing off the drive- way. Those items were denied. Commissioner Aguila noticed that Captain Frank's has recently be slurry coated and striped. The Commission's directions were totally ignored. In order to get the slurry coat and striping, a permit is required from the Engineering Department. Commissioner Aguila wondered how the permit got through without following the direction of the Commission. Mayor Weiner asked for clarification from City Manager Miller. Mr. Miller said he was made aware of this situation this morning and has not as yet been able to - 17 - NINUTES - REGULAR CITY CONNISSION NEETING BOYNTON BEACH, FLORIDA ,1ANUARY 19, 1993 determine what has happened. Commissioner Aguila suggested staff determine when the islands and landscaping will be done and when the driveway will be closed off. Mayor Weiner asked for a report on this matter at the next meeting. NEW BUSINESS: A. Items for discussion requested by Nayor Arllne Welner 1. ~aeger vs, Nayor Arllne Welner, Vice Mayor Lynne Natson, and the City of Boynton Beach Mayor Weiner reported that Mr. Jaeger has decided to bring action against her, Vice Mayor Matson and the City of Boynton Beach. The Commissioners were supplied with a copy of Section 2-8 of the City Code with regard to legal defense and indemnification of city officials and employees. Mayor Weiner asked for approval from the Commission for indemnification under this Code section. Commissioner Walshak reported that he has a conflict with this particular issue and will refrain from any discussion on this matter. He filled out the necessary Memorandum of Voting Conflict which is attached to the original copy of these minutes. Commissioner Harmening has no problem with the City undertaking the cost of defense. He feels this is well within the purview of the Charter. Notion Commissioner Aguila moved to allow the City Commission to defend this action without paying for it out of their own pockets. The City should take care of this. Commissioner Harmening seconded the motion which carried 4-0. {Commissioner Walshak abstained.} 2. Publication of names of customers of prostitutes Mayor Weiner stated that she has recently read articles in the newspapers regarding the publishing of names of customers of prostitutes in West Palm Beach and the possibility of Delray Beach adopting this same policy. It is her opinion that prostitution is a crime committed by two people and it is unfair that only the prostitute is arrested and prosecuted. Although she is unable to change the legal system, she feels the City of Boynton Beach can adopt the same policy being followed by Mayor Nancy Graham. Mayor Weiner fears that if the policy goes into effect in Delray Beach, the prostitutes will move up to Boynton Beach. Commissioner Aguila feels this is a wonderful idea and thinks there must be a way of making these "johns" pay for the advertising. Mayor Weiner agreed that having these people pay for the advertising is a good idea, but does not think the City should wait to see if that is possible. Vice Mayor Matson agrees that once Delray Beach begins their program, the prostitutes will move here to Boynton Beach. She feels forewarned is forearmed. With regard to an article she read in the newspapers regarding the effect on the wives and children, Vice Mayor Matson feels that responsibility rests on the shoulders of the man who frequents the prostitutes. - 18 - MINUTES - REGULAR CITY COiqHI$$IOH HEETIHG BOYNTON BEACH, FLORIDA JAIqUARY 19, 1993 Chief Hillery questioned how the overtime involved in this operation will be paid for. Mayor Weiner stated she wants no additional work by the Police Department. Chief Hillery explained that these rounds are usually the result of a sting. Mayor Weiner is not expecting a sting operation. What she does expect is to publish the names of those customers who are picked up. She does not want or expect anything unusual or additional. Commissioner Harmening is of the opinion that the advertising will not make a difference over a long period of time. Further, he pointed out the importance of publishing the home address as well as the name to avoid future problems. Commissioner Harmening will support this program of publication for a period of six months in order to observe the reaction and the cost. #orlon Vice Mayor Matson moved to approve the publication of names and addresses of customers of prostitutes in Boynton Beach for a period of six months. Commissioner Aguila seconded the motion which carried 5-0. A voice from the audience stated that this program will make the wife and child victims. 3. Upcoming F,D,O,T, Hearing Mayor Weiner advised that there will be a meeting with F.D.O.T. at Freedom Hall on January 27, 1993, to discuss the bridge over the Intracoastal Waterway. There was a consensus of the Commission that the City Manager should write to all legislators who represent Boynton Beach, including our Congressmen, requesting their presence at the meeting. If it is not possible for them to be in attendance, City Manager Miller should request a letter from each of them supporting our position that the bridge be built over Boynton Beach Boulevard which will be read into the record during the meeting. City Manager Miller is to ask that their letters be faxed to us. p_Marchese urged the Commission to inform all of the legislators that the ity o~Bo~n Beach wants the bridge to go directly from Boynton Beach Boulevard to the ocean and not wind through the City streets. 4. Certificate of Hecesstt~ for ALS Mayor Weiner reported that the County Commission met this morning to discuss the Certificates of Necessity for ALS for Greenacres and Boynton Beach. Mayor Weiner, City Manager Miller, Jim Ness and Commissioner Walshak were present at the meeting. The County Commission voted 6-0 in favor of our Certificate of Necessity for ALS. The City Manager will go forward with this program and the operations will begin. A SHORT RECESS WAS DECLARED BY MAYOR WEINER. - 19- #INUTES - REGULAR CITY C01414I$$ION MEETING BOYNTON BEACH, FLORIDA ,]AHUARY 19, 1993 Mayor Weiner asked that Item C-1 be moved up on the agenda. C. Items for discussion requested by Co;missioner Ed Harmenlng 1. Reconsider vote on Ordinance No. 092-59 regarding a text amendment reference Day Care Centers in R1-AA Zoning District Commissioner Harmening explained that he requested this be put back on the agenda because he was not certain that all sides had a fair hearing when this first appeared on the agenda. This will provide an opportunity for everyone to express his/her opinion. Lols Rodrlquezt Child Care Specialist for HRSt District IX~ appeared at the request of Pastor Sande--'F~on of the Church of God. She stated there is a tremen- dous need for child care in Palm Beach County. HRS has invested $8 million in this area and has not yet met the needs for these services. There are currently 4 million children in Palm Beach County who are waiting for services. When child care is affordable and accessible to the citizens, those citizens become more productive. Dee Ztbell!~ 44 Ocean Parkway, said there are many day care centers in Boynton Beach which are not filled to capacity. Further, she said that in order to address conditional use, the request is brought before the Board of Adjustment and Appeals and a decision is made as to whether or not it is a major change. Changing this process will be giving carte blanche to other requests for con- ditional use and will set a precedent. Each case should be judged on an indi- vidual basis by the Board and then by the City Commission. Marie Ackermann~ 1004 $W 16th $treett spoke as a representative of the Community Relations Board. Before~ng'"her statement, Ms. Ackermann asked for clarifi- cation regarding whether or not it is true that no church zoned residential is able to come before the Commission seeking an exemption for day care because of the vote which was taken by the Commission the last time this item appeared. Mr. Cutro stated no one has the ability to ask for a day care center at the present time. The only place where this policy differs is in the CBD. Following is the statement from the Community Relations Board. "We encourage you, on the Commission, to be generous in your vote if indeed tonight you are going to reverse your vote. We would encourage that. We encourage you, if you do overturn your vote, to be generous when exemptions are applied for and be empathic to the needs in our community. It's been said many times that our children are our future and that is still just as true as it's always been and if our churches want to reach out and undertake the task of establishing day care facilities, it is hoped that this body will do all it can to help them reach their goal." As a citizen of Boynton Beach, Ms. Ackermann said anyone who would oppose a day care center for selfish reasons, is a selfish person. Mayor Weiner explained that because the request came in from a property owner in the R1-AA zoning district, the request would include R1-AA and any zoning less than R1-AA. A list of churches and their zoning designations is attached to the original copy of these minutes on file in the City Clerk's Office. The only - 20 - 14INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,1ANUARY 19, 1993 church on the list of nineteen churches not included in the request is St. Joseph's Episcopal Church located at 3300 S. Seacrest Boulevard. This church is zoned R1-AAB. Pastor Ron Sanderson, 3897 Wtndfteld Road, Pastor of the Church of God, feels when this issue first came before the"cOm~i~o-6-:, it became an i~ue pertaining to his church. He feels this issue pertains to all churches. The current Ordinance does not allow day care as an accessory use. He feels the issue is whether or not churches will be allowed to have day care. Children are one of our best resources and this is an opportunity to ensure additional educational opportunities for the community. He feels the Commission is discriminating against churches because any resident can apply for and open a day care or preschool, but churches cannot. Frank Houston, 600 NW loth Court~ spoke before the Commission when this issue first appeared on the agenda. He bought property in the Sky Lake development with the understanding that this area was zoned residential. He wants the neighborhood to be developed with residential needs in mind. He is opposed to a day care center in this area and presented a petition containing 162 names of residents who oppose, this center. {The petition is attached to the original copy of these minutes on file in the City Clerk's Office.) His concerns include additional traffic and noise which would be generated, and the adverse impact of the center on the community. Vice Mayor Matson pointed out that Mr. Houston was addressing one single loca- tion and this issue is not about one location. Mayor Weiner tried to explain that each request is taken on a case by case basis. Mr. Houston stated the residents want the profile of the community to remain as it is. Steve Durland, 988 Old Boynton Road, feels churches should be allowed to have day care centers; however, he would oppose a day care center on Old Boynton Road because of the already existing traffic problems. Mayor Weiner feels Old Boynton Road is quite dangerous and because of the problems involved in the area, the Church of God site might not be granted a conditional use for the day care center. ~olene Rasmussen, 508 NW loth Court~ thanked the Commissioners for answering questions and giving direction. She commended the Commission on the quality of City employees. She has received positive, courteous and helpful responses from all of the people she has dealt with. Ms. Rasmussen addressed the issue of property value. She read a realtor's statement regarding the adverse impact of a day care center on the community. {A copy of that letter is attached to the original copy of these minutes on file in the City Clerk's Office.) Further, she feels this is not a church issue. Although she, and other Sky Lake resi- dents realize the need for day care, they do not want a day care center at this location. She further discussed the property value decline in the Sky Lake com- munity. She thanked Pastor Sanderson for bringing this issue to the attention of the community. Commissioner Harmening thanked Ms. Rasmussen for her extensive research into this subject. - 21 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ~IANUARY 19, 1993 Rachel Houston, 600 NN loth Court, read a letter from Mr. and Mrs. Nello Tineri, residents of the community. The letter opposes a day care center on Old Boynton Road. (A copy of the letter is attached to the original copy of these minutes on file in the City Clerk's Office.) Ms. Houston feels this is a zoning issue. She listed the day care centers in the area and noted that none of them is filled to capacity. She feels an exception to the zoning is uncalled for. Joan Het$$ner, 1209 NW 13th Avenue, is opposed to the zoning change. Nancy Wtnfray, 506 NW6th Way, bought her property with the understanding that nothing would be buTTt behind it. Her property abuts this property and she is concerned about the adverse effect this would have on her property value. Eric Rasmussen, 508 N__W loth Court, feels this is not a church issue. This is an issue which affe%'-f~ property values. Conditional uses decrease property values. According to a book put out by the Department of Human Resources called Issues and Answers, day care centers are problem uses. Although people acknowledge the md for them, it is difficult to zone for them because of their effect on prop- erty values. He is opposed to a zoning change. VlclLvMorntngstar, 1055 Old Boynton Road, wondered what would happen to her property if the day care opens for business. She asked if her property would be declared commercial property and wondered if she would have to pay commercial taxes. Attorney Cherof answered in the negative. The zoning would still remain an R1-AA zoning district. She feels this is a discriminatory practice since the church will be conducting business, but the residents would not be permitted to do business on their property. Further, she stated she does not want to live next to a day are center. ~ ~ck.ermann, 1004 SW 16th Street, feels this is not a one-church issue. He stated that t'he B~y'nto~"B~ Ministerial Association voted to say that they would like the Commission to know they are against making a special exception for churches to be exempt from asking for exceptions. He believes the churches should have an opportunity to request day care centers. Commissioner Aguila thinks if the issue is to be considered, it should be reviewed on a City-wide basis. Commissioner Harmening and Vice Mayor Matson agreed with Commissioner Aguila's statement. Vice Mayor Matson still feels this is not a one-location issue. It addresses all sections of the City. Many of the churches would utilize day care centers for their parishioners. Mayor Weiner stated she is not attempting to change the minds of the residents. This particular site might be a problem for a day care center, but there is a tremendous need for day care. She pointed out that parents need safe places for their children while they earn a living. It was believed that churches would be a good place for day care. Although there is a problem with this particular site, there is no reason for not trying this at another location. She does not doubt that she would deny conditional use to the church in question because of the problems involved; however, she cannot deny conditional use to every church throughout the City. - 22 - MINUTES - REGULAR CXTY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1993 Motion Commissioner Harmening moved to have the Planner institute a zoning change to include day care centers as conditional uses in churches in R1-A and down. In the conditional usage, perhaps the conditional use can be changed to zero in on the safety of the traffic element. THE MOTION DIED FOR LACK OF A SECOND. Commissioner Aguila questioned whether or not the entire residential zoning district should be addressed rather than being selective and feels this con- ditional use should either be allowed in all residential districts or not allowed in any. Attorney Cherof explained that because this is being presented for reconsidera- tion, the draft of the Ordinance, which was presented the first time, would be put back on the agenda. However, it makes no sense to bring it back if it will be treated the same way a second time. He feels the Commission should make the necessary changes and he will bring it back for first reading. Notion Commissioner Aguila moved to have the Planning Department and the City Attorney put together a proposal for consideration as a conditional use day care centers in residential zones. Vice Mayor Matson seconded the motion. Commissioner Walshak stated that this City has gotten into trouble and been sued in the past because of conditional uses. He provided the Tiffany Lounge on Federal Highway as an example. That was a conditional use which could not be stopped. They met all of the conditions and had to be approved. When the con- ditions are set up and met, the decision is not arbitrary. Commissioner Walshak further pointed out that this is not an agenda item. The only item to be considered this evening is Commissioner Harmening's reconsidera- tion vote on Ordinance No. 092-59 and that is all the Commission should be addressing. Attorney Cherof agreed with Commissioner Walshak. Commissioner Walshak further stated that voting on anything else would be a direct conflict of Robert's Rules of Order. In response to Mayor Weiner's question, Attorney Cherof advised that this item can be brought up on the next agenda under New Business. B. Items for discussion requested by Vice Mayor Lynne M~tson 1. C,A,I, Seminar vice Mayor Matson reported that a successful seminar was held last year for homeowner associations and condominium associations. A friend of Vice Mayor Matson's has offered to conduct the seminar again this year free of charge. There was a consensus of the Commission to allow this seminar to be conducted in Commission Chambers at no cost to the City. - 23 - N~NUTE$ - REGULAR C~TY CONNZ$$~ON NEET~NG BOYNTON BEACH, FLORXDA JANtJARY 19, 1993 2. 14edtans on North Federal Highway Vice Mayor Matson advised that she and City Manager Miller met with Rick Chesser last year to discuss the medians on North Federal Highway. He was advised that this was a priority project for the City. Vice Mayor Matson read a paragraph into the record from City Manager Memorandum No. 92-264. "Reference the status of the North Federal Highway storm drainage improvement project {involving the beautification of the islands}, we were informed that said project is to be let for construction in February of 1993 {March at the latest}. Being that this improvement project will be funded by State funds, construction should commence between sixty and ninety days from February/March. The City was informed that we should commence discussions with our local FDOT representatives regarding irrigation and landscaping for the medians. For your information, the City has ,received approval to proceed with the beautification project along the western right-of-way of North Federal Highway pending a final meeting with the local maintenance office." Vice Mayor Matson commended Mr. Frederick and everyone else who worked on the western right-of-way. She further quoted from William Lewis' letter dated December 1§, 1992, to J. Scott Miller. "Irrigation hardware, including sleeves, exist in the median along U.S. 1. Therefore, our project will place topsoil in the median and 2' 8" of sod strip behind the curb. The City is responsible for the remainder of the landscaping materials. Mr. Morteza Alien is the project manager and can be con- tacted at {305) 524-8621 if you need any further information." Mr. Miller advised that the City will be providing the landscaping and will be working with Mr. Carl Higgins of the local maintenance office. Construction will begin within sixty to ninety days after the bid is let. Vice Mayor Matson thanked Mr. Miller for helping to facilitate this matter. C. Items for discussion requested by c°mmissioner Ed Harmenlng 1. Reconsider vote on Ordinance No, 092-59 regarding a text amendment reference Day Care Centers in R1-AA Zoning District This item was discussed earlier in the meeting. De Consider request from Boynton Beach Community Development Corporation for funding to cover costs of landscaping and City utility fees for affordable housing project City Manager Miller introduced Art Matthews, President of the Community Development Corporation and Joanna Tart, Community Organizer. Mr. Matthews pre- sented a request for the City to help fund a piece of the American dream for a number of citizens. He feels it is time for the City to begin to shoulder some of the responsibility in order to get members of the community on the same level as others. The need in a particular area of the City is tremendous. The Community Development Corporation decided to build affordable homes in that area - 24 - HINUTE$ - REGULAR CITY COHHISSION #EETING BOYNTON BEACH, FLORIDA JANUARY 19, 1993 as a means of helping the citizens. With the help of the City, these families can be put on the tax rolls and the buyers of these homes will become a part of the mainstream. The Community Development Corporation will continue to press the issue of bringing affordable homes to the City. They envision this first project as a step in setting the standard for the County in providing the kind of houses which will bring accolades to the City of Boynton Beach. He encouraged the Commission to consider the request made by the Community Development Corporation. Notion Commissioner Aguila moved to support the recommendation of Wilfred Hawkins. Commissioner Walshak seconded the motion. Vice Mayor Matson feels this is a very important issue and was thrilled to have been at the press conference when this project was announced. She complimented Mr. Matthews for having accomplished so much in such a short period of time. She pledged her support to this project. The motion carried 5-0. In response to Mrs. Searcy, Mr. Matthews advised that construction is antici- pated to begin in the Spring. E. Conslder draft of proposed legislation expanding the authority over utilities by the Public $ervtce Comntsslon Mayor Weiner advised that this is an offensive power grab by the Public Service Commission. The Public Service Commission is attempting to regulate utilities without State governmental intervention. They would regulate the fees for water, wastewater and reuse water. The South Central Regional Wastewater Treatment and Disposal Board is adamantly opposed to this power grab. There was a consensus of the Commission that a forceful Resolution be prepared by the City Attorney stating the City's opposition to this proposal and sent to representatives of our legislative delegation, every city in the Municipal League of Palm Beach County and to the Florida League of Cities. Commissioner Harmening feels it is important to engage any County with the same sentiments we have. F. City 14anager annual performance evaluation Vice Mayor Matson asked that this evaluation be tabled until the next meeting since she was not prepared to discuss this issue at this time. This item will appear on the next agenda. G. Nunlclpal League Report Commissioner Aguila requested the back-up material include Mr. Martino's letter which explains the Municipal League's understanding of how the County Commission - 25 - #IHUTES - REGULAR CITY COHHISSIOH FLEETING BOYNTON BEACH, FLORIDA ~AHUARY 19, 1993 will be treating various members of the League. He feels it is a step in the right direction. Also included in the packet was a list of the Municipal League's legislative issues. CITY HANAGER'$ REPORT: City Manager Miller advised that an update was provided in the back-up material with regard to the plan of action for the City Hall complex relative to the recent Department of Labor Division of Safety findings of high humidity levels. Staff is moving ahead on this list and will keep the Commission apprised of the situation. OTHER: None ADJOURNFIENT: There being no further business to come before the Commission, the meeting properly adjourned at 10:30 p.m. THE CITY OF BOYNTON BEACH Mayor ATTEST: City J~lerk ~ ~ cording Secretary (Four Tapes) Vice Mayor - 26 - ER, - MOENERT EXECUTIVE REALTYt INC. 1/13/93 To Whom it may concen, I have been asked to give my professional'opinion on the effect a day care center might have if built directly behind some Skylake residences. I am involved in about 90% of the resales in the Skylake area, and together with my husband sell over $6 million per year. It is my opinion that a day care center would adversely effect the value of the homes directly'abutting the day care center. Most resales in Skylake are families who enjoy the use of their backyards. Although the children from the day care center would only be outside at scheduled times, a potential buyer would certainly choose an interior lot over one 'abutting a day care center. There are several homes in Boynton Beach that abut schools. Homes that abut schools tend to be harder to sell and sell for a reduced premium due to the location. I.can understand why the involved homeowners are concerned and I believe they have good reason to be concerned. They bought in Skytake knowing what to expect form the neighborhood~ it is not fair to change it on-them now. Sincerely, Karen Miller 'REALTOR ERA Moenert Executive Realty 3469 W. BOYNTON BEACH BLVD. ' (GREENTREE PbAZA) ' BOYNTON BEACH, FL 33436 · 8OYNTON: 407-737-~1-663 ' BROWARD: 305-421-2766 Each office independently owned and operated -~J-~ ~ SELECTED CHURCHES IN RESIDENTIAL ZONING DISTRICTS CITY OF BOYNTON BEACH CHURCH ADDRESS ZONING 1. First Assembly of God !3215 N Seacrest Blvd 2. Bible Church of God 1390 N Seacrest Blvd 3. Boynton Hill Church of God in Christ 722 NW 2nd St 4. Church of God SE Conference 560 NW 10th Ave 5. Church of God Universal 121 NW 8th Ave 6. First Presbyterian Church of Boynton Bch 235 SW 6th Ave 7. Jehovah's Witnesses 3636 S Seacrest Blvd 8. New Mt Zion Missionary Baptist 221 NW 8th Ave 9. Provident Missionary Baptist 1015 NW 4th St 10. Ascension Lutheran Church 11. Boynton Beach Church of God 12. Seventh Day Adventist Church 2929 S Seacrest Blvd 1015 Old Boynton Rd 138 SE 27th Ave 13. St Joseph's Episcopal 3300 S Seacrest Blvd 14. Bible Church of God 15. Charismatic 16. St Paul African Methodist Episcopal 17. St. John's Missionary Baptist 541 NW 10th Ave 101 NE 12th Ave 310 NE 10th Ave 239 NE 12th Ave 18. Christian Science Ri 19. First United Methodist R1A R1A R1A R1A R1A R1A R1A R1A R1AA R1AA R1AA R1AAB R2 R2 R2 R2 2121 S Seacrest Blvd' R3 101 N Seacrest Blvd R3-R1A C:CHURLIST.JM The undersigned are opposed to any text ammendment to the current R1-AA Zoning that would permit construciton of a Day Care.Center at 1015 Old Boynton Road. The undersigned~ are conc. erned about the.additional traffic a day care er would generate during rush hour and school pickups on an already ivercrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a ma~or interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Signature Date _ The undersigned are opposed to any text ammendment to the current Ri-AA Zoning that would permit construction of a Day Care Center at i015 Oid- Boynton Road. The undersigned are concerned about the additional traffic a day care center would generate during rush hour and school pickups on an already overcrowded road. The under-signed are concerned about the davtime noise level. Since many residents are engaged in shift work that requires them to sleep during the day~ the noiSe associated witch m day care center would be a mah~or interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Address Signature Date __up ................. ___:/::>: .__ The undersigned are opposed to any text ammendment to the current Ri-AA Zoning that would permit construction of a Day Care Center at i015 Old Boynton Road. [he undersigned are concerned about the additional traffic a day care zenter would generate during rush hour and school pickups on an already ~vercrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day~ the noise associated with a day care center would be a mai'or interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. The Undersigned are opposed to any text ammendment to the current Ri-AA Zoning that would permit construction of a Day Care Center at iOi5 Old Bovnton Road° undersigned are concerned about the additional traff'ic a day care enter would generate during ~ush hour and school pickups on an al:eadv .vercrowded road. The undersigned are concerned about th'e daytime noi'se level. Since many residents are engaged in shift work that requires them to sleep durinQ-the day, the noise associated with a day care center would be a ma~r interruption. The undersigned are also concerned how a change of zoning would affect property values of the ad~acent residents and the community as a whole. Name Address 5 Signature Date _ ,_-~%.~=__ '2._2~ ..................... ....................................... The undersigned are opposed to any text ammendment to the current R1-AA Zoning that would permit construciton of a Day Care Center at 1015 Old Boynton Road. undersigned are concerned about the additional traffic a day care would generate during rush hour and school pickups on an already vercrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a ma~or interruption. The undersigned are also concerned how a change of .zoning would affect property values of the adjacent residents and the community as a whole. Na~le Address Signature Date /-7/9 :5-:"' / / 6 The undersigned are opposed to any ~ext ammendment to the current Ri-AA Zoning that woul.d permit construction of a Day Care Center at 1015 Old Boynton Road.. The undersigned are concerned about the additional traffic a day care enter would generate during rush hour and school pickups on an already vercrowded road. The undersigned are concerned about the daytime noise level. Since manv residents are engaged in shift work that requires them to sleep durino the day, the noise associated with a day care center would be a interruption. The undersigned are also concerned how a change of zoning would affect property values of the ad,~acent residents and the community as a whole. Name Address Signature I ~ ~ ':~ ................ 1. .-- .-~.:' ...---, / ~~ ..... __L:L:_~_6 ................................. ................ ....... ........................... The undersigned are opposed to any text ammendment to the current RI-AA Zoning that would permit c'onstr-uc~on of a Day Care Center at 1015 Old Boynton Road. Fhe undersigned are concerned about the additional traffic a day care :enter would generate during rush' hour and school pickups on an already ~vercrowded road. The undersigned are concerned about the daytime noise level. Since manv residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values of the ad,~acent residents and the community as a whole. Signature _:_%4 The undersigned are opposed to any text ammendment to the current Ri-AA Zoning that would permit construction of a Day Care Center at 1015 Old Boynton Road. The undersigned aye concerned about the additional traffic a dav care zenter would generate during rush hour and school pickups on an already ~vercrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Signature Address Date The undersigned are opposed to any text ammendment to the current Ri-AA Zoning that would permit construction of a Day Care Center at 1015 Old Bovnton Road. The undersigned are concerned about the .additional traffic a day ca:e mter would generate during rush hour and school pickups on an already ~vercrowded road. The undersigned are concerned about thedaytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Si~natur/~ The undersigned are opposed to any text ammendment to the current RI-AA Zoning that would permit construction of a Dav Care center at 1015 Old Bovnton Road. .The undersigned are concerned about the additional traffic a day care enter would generate during rush hour and school pickups on an already vercrowded road, The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during.the day, the noise associated with a day care center wou~d be a major interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Signature Date The undersigned are opposed to any text ammendment to the current Ri-AA- Zoning that would permit construction of a Day Care Center at 1015 Old Bovnton Road. The undersigned are concerned about the additional traffic a day care center would generate during rush hour and school pickups on an alreadv overcrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a ma3or interruption. The undersigned are also concerned how a change of zoni,ng would affect property v~lues of the ad3acent residents and the community as a whole. Name Address Signature Date ,-f? -ff'3 The undersigned are opoos'ed to any text ammendment to the current Ri-AA Zoning that would permit construct(on of a Day Care Center at 1015 Old Bovnton Road. The undersigned are concerned about the additional traffic a day care center would generate during rush hour and school pickups on an already overcrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep durino the day, the noise associated with a dav care center would be a m&jor interruption. The undersigned are also concerned how a change of zoning would affect property values of the ad~acent residents and the community as a whole. Name Signature Address Date The undersigned are opposed to any text ammendment to the current Ri-AA Zoning that would permit construction of a Day Care Center at 1015 Old Bovnton Road. The undersigned are concerned about the additional traffic a day care center would generate during rush hour and school pickups on an already overcrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a interruption. The undersigned are also concerned how a change of zoning would aff'ect property values of the adjacent residents and the community as a whole. Name Address ___?~_,_x/_N._cd. /_/'m d_~ ___ Signature __,,/_,_,?/:: ................................... .................. ........................... ......... ...................... ' l_'_?l:_ ~ ....................... The undersigned are opposed to any text ammendment to the current RI-AA Zoning that would permit construction of a Day Care center at lO15 Old Boynton Road. The ~undersigned are concerned about the additional traffic a day care center would generat'e during rush hour and school pickups on an already )vercrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a ma.~r interruption. The undersigned are al. so concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Address Signature The undersigned are opposed to any text ammendment to the current RI-AA Zoning that would~ permit construction of a Day Care Center at 1015 Old Bovnton Road. The undersigned are concerned about the additional traffic a day care center would generate during rush hour and school Pickups on an already overcrowded road, The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a ma.~or. interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Address ~ gi~L~_~_._m~_~. ,: ...... 1 ~~_m_~ .... Petition to Maintain Current Zoning The undersigned are homeowners in the SkyLake development and adjacent communities. We are oppossed to rezoning the property owned by the Boynton Beach Church of God at 1015 Old Boynton Road to allow construction of a Day Care Center. The undersigned are concerned about the daytime nolte level that would be detrimental to homeowners whose property would be adjacent to the proposed center. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a Day Care Center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values in the area. Signatures: Name Address / '--h !. x. Petition to Maintain Current Zoning The undersigned are homeowners in the SkyLake development and adjacent communities. We are oppossed to rezoning the property owned by the Boynton Beach Church of God at 1015 Old Boynton Road to allow construction of a Day Care Center. The undersigned are concerned about the daytime noice ~evel that would be detrimental to homeowners whose property would be adjacent to the proposed center. Since many residents are engaged in Shift work that requires them to sleep du~ing the day~ the noise associated with a Day Care Center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values in the area. Signatures: Name Address Petition to Maintain CUrrent 2oning The undersigned are homeowners in the SkyLake development and adjacent communities. We are oppossed to rezoning the property owned by the Boynton Beach Church of God at 1015 Old Boynton Road to allow construction of a Day Care Center. The undersigned are concerned about the daytime noice level that would be detrimental to homeowners whose property would be adjacent to the proposed center. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a Day Care Center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values in the area. 3 5 6 8 9 10 11 18 13 Petition to Maintain Current 2oning The undersigned are opposed to any text ammendment to the current R1-AA Zoning that would permit construction of a Day Care Center at 1015 Old Boynton Road. The undersigned are concerned about the additional traffic a day care center would generate during rush hour and school pickups on an already overcrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Signature Address Date 3 5 6 8 Petition to ~aintain Current Zoning The undersigned are oppose~ to any text ammendment to the current RI-AA Zoni'ng that would permit-construction of a Day Care Center at 1015 Old Boynton Road. e undersigned are concerned· about the additional traffic a day care nter would generate during rush hour and school pickups on an already ercrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the · day, the noise associated with a day care center would be a maaS'Or interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name Address Signature Date ..............~ . ~ Petition to Maintain Current Zoning The.undersigned are opposed to any text ammendment to the current Rli-AA Zoning that would permit construction of a Day Care Center at 1015 Old Boynton Road. ~e undersigned are concerned about the additional traffic a day care ~nter would generate during rush hour and school pickups on an already ~ercrowded road. The undersigned are concerned about the daytime noise level. Since many residents are engaged in shift work that requires them to sleep during the day, the noise associated with a day care center would be a major interruption. The undersigned are also concerned how a change of zoning would affect property values of the adjacent residents and the community as a whole. Name ~AddresS S.ignature D~te ........ 4 5 AGENDA January 19, 1993 III. CONSE~TAGENDA C cc: FL, Rec Util o 10, ADVANCED FABRICATORS P.O. 3583. Fabricate three sets of steel swing gates. Pay from Public Service Tax Const Fund---301-194-5-913-00 1,081.00 ALLIED LIME P.O. 2844. Lime for chemical softening. Pay from Water & Sewer Fund---401-335-5-365-00 16,461,65 ALTEC INDUSTRIES INC. P.O. 3199. Repair tree trimming truck for Parks Dept. Pay from General Fund---001-722-5-433-00 1,840.31 B & B PROPERTIES, INC. P.O, 3538. Pay #1, 24" Water Main Jack & Bore - Military Trail. Pay from 1990 Construction Fund---409-000-0-690-10 28,674.00 BEE ELECTRIC MOTORS P,O. 3630. Replace motors at Lift Station 813. Pay from Water & Sewer Fund---401-352-5-433-00 2,088.00 BELLSOUTH COMMUNICATION SYSTEMS P.O. 3419. One Compact Norstar Unit for Fire Stat.#2. Pay from Public Service Tax Constru. Ftmd---301-221-5-672-00 2,766.31 CH2M HILL Task Order 8E - Engineering services for work in support of the membrane softening - West WTP. Pay from 1990 Construction Fund---409-000-0-690-10 1,707.80 CENTECH UTILITY CORPORATION P.O. 1925. Final payment for the Treatment of Well Precipitation~ Pay from Water & Sewer Fund---401-336-5-430-02 27,800.00 COBRA GOLF, INC. P.O. 3743. Golf Clubs for the Pro Shop. Pay from Golf Course Revenue Fund---411-000-0-420-10 1,889.73 DELL MARKETING One Dell Computer for the Ezell Hester Center. Pay from Public Service Tax Constr Fund---301-721-5-642-02 1,414.00 GRAINER P.O. 3522. Two 22" high speed buffers. Pay from General Fund---O0t-192-5-641-O0 1,519.16 COMMISSION JAN 1 9 1993 APPROVAL 13. 14. 16. 17, 18. 20. 210 GULF ICE SYSTEMS, INC. 2,650.00 P.O, 3698. Ice-O-Matic Ice Machine. Pay from Golf Course Revenue Fund---411-726-5-680-09 $1,500.00 , " 411-000-1-476-75 $1,150.00 IBM CORP, P.O. 3017. IBM upgrad of As/400 to Model E50. Pay from General Fund---001-133-5-729-00 $1,627.07 001-000-1-364-01 $7,735.90 9,362.97 IBM/ROLM P.O, 2953. Maintenance agreement for PBX Telephone Service System. Pay from General Fund---001-197-5-430-21 5,240.70 JOSIAS & GOREN, P.A. 6,621.20 Legal fees & costs - Professional services rendered for December, 1992 - $6,423.40; Maybusher v. Hollihan - $80.00; vs. Summit Assoc., Inc. - $550.00; adv. Mrotek - $210.00; adv. Tradewinds Development Corp - $80.00; v. St. Juste - $321.80; adv. Don Jaeger - $270.00; DesJean and Friedman title work to Attorney's Title Services, Inc., -$151.00; Purchase from Roslyn Wilson (Sloan) to Chicago Title Insurance Company -$175.00 = $8,621.20 Pay from General Fin%d---001-141-5-461-00 KASCO CORP. OF AMERICA P.O, 3683. Golf Gloves for Pro Shop Merchandise. Pay from Golf Course Revenue Fund---411-000-0-420-10 3,676.52 KIMMINS RECYCLING P.O. 2889. Recycling bills for December 1992. Pay from Sanitation Fund---431-341-5-490-O1 17,637.81 LAKE WORTH HERALD P.O, 3682. Winter Issue of Fua%fare Magazine. Pay from General Fund---001-721-5-472-00 8,830.00 LAWMEN'S PHOTO P.O. 3666. Film for the Police Dept. Pay from General Fund---001-211-5-380-01 2,103.88 LIQUID AG SYSTEMS P.O. 698. Liquid Fertilizer for the Golf Course. Pay from Golf Course Revenue Fund---411-726-5-366-00 1,419.50 MLRtRAY LOGAN CONSTRUCTION 51,930.17 P.O. 1217. Payment 98 - Replacement of Pump Stations 310, 408, and 411. Pay from Water & Sewer Util. Revenue Fund---421-000-0-691-21 2 COMMISSION JAN 19 1993 APPROVAL 22. NEIGHBORHOOD FAMILY DOCTOR Pre-employment physicals. Pay from General Fund---001-135-5-460-01 23. P.R.I.D.E. OF FLORIDA P.O. 2942. Retread Tires. Pay from Vehicle Service Fund---501-193-5-322-00 24. P.B.C. SOLID WASTE AUTHORITY P.O. 2991. Use of County Landfill for December 1992. Pay from Sanitation Fund---431-341-5-490-01 25~ PEROXIDATION SYSTEMS P.O. 3002. Hydrogen Peroxide for Odor Control. Pay from Water & Sewer Fund---401-352-5-365-00 26. POOLE & KENT COMPANY P.O. 858. Payment ~11 - Construction of West Water Treatment Plant. Pay from 1990 Construction Fund---409-000-0-690-10 27. SCRWTD BOARD User charges for treatment and disposal of wastewater for the month of December, 1992. Pay from Water & Sewer Fund---401-353-5-490-09 28. SCRWTD BOARD Repair & Replacement Engineering Services - CDM S~nking Fund Projects. Pay from Utility General Fund---403-000-0-691-22 29. SOUTHLAND EQUIPMENT CORPORATION P.O. 3449. 1991 Mack Truck. Pay from Vehicle Service Fund---501-193-5-688-O0 30. TARE LAWN MAINTENANCE P.O.2976. Landscape maintenance for period ending 1/13/93, Pay from General Fm~d---001-722-5-430-15 31, TREEP~N LANDSCAPE N~SERY, INC. 3 month tree maintenance for Martin Luther King Blvd.. Pay from Community Improv. Fund---621-136-5-630-14 32. XEROX P.0.799. Xerox lease payment for copier located in the City Clerk's Office. Pay from General Fund---O01-194-5-422-O0 CAMEO SOFTWARE SOLUTIONS, INC. Annual software maintenance (3/1~93 - 2/28f94) M~.SS~ON from General Fund---001-133-5-430-09 3 JAN 19 199.3 APPROVAL 1.111,00 1,830.02 43,276.10 8,201.70 951,483.08 187,846.43 26,773.79 102,034.00 3,683.50 4,670.00 2,057.12 5,700.00 These bills have been approved and verified by the deparment heads involved, checked and approved for payment. Grady W. Swann, Finance Director I therefore recommend payment of these bills. cott Miller, City Manager COMMISSION JAN ! 9 1993 APPROVAL FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IASTNAMF IqR.~l NAMI MII)I)I~ENAME CII'Y DAI"E ON WHICH VOTE {X'('llrr El) COUN]Y NAME OF BOARD. COIJNCII.. COMMISSION. AU1 itORITY. OR THE BOARD. COUNCIl.. COMMISSION 7~UTItORITY OR COMMITI'EE O~ S[ERVE IS A UNI]'OF: El COUNTY El OTHER LOCAl. AGENCY NAME OF F'OI.ITICAI. SUBDIVISION: 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 members of advisory and non-advisory bodies who are presented with a voting conflict of interesl under Section 112.3143, Florida Statutes. 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 112.3143, FLORIDA STATUTES 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 agen%') 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 an.',' 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 THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. * A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM 8B- 1-91 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 min of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) inured to my special private gain; or -~inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: · by whom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY RE~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN~ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B o I-gl PAGE