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Minutes 03-22-93 HINUTES OF SPECIAL CITY COHHISSION HEETING HELD IN COHHISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON HONDAY, HARCH 22, 1993, AT 6:00 P. H.' PRESENT Arline Weiner, Mayor Jose Aguila, Commissioner' David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Weiner called the meeting to order at 6:03 P. M. The purpose of this meeting was to reconsider the request submitted by the Optimist Club of Boynton Beach to hold their first annual carnival at S. W. 8th Street and Woolbright Road (vacant land just west of Home Depot). Mr. Miller introduced Jim DeLand, President of the Optimist Club. He referred to the backup material and stated that Mr. DeLand distributed notices of this meeting to all the homes in Leisureville that border the canal west of this area. Mr. DeLand confirmed that he distributed the notices yesterday, in addition to pamphlets. Mayor Weiner asked how many homes received these notices and pamph- lets. Mr. DeLand advised they were delivered to all the houses on S. W. 15th Street from S. W. lOth Avenue to S. W. 14th Avenue. They were also delivered on S. W. 14th Avenue from S. W. 15th Street to S. W. 18th Street and the homes facing the opposite streets which border the same street. The Optimist Club also notified the manager of Home Depot of this meeting. A woman in the audience said she lives on S. W. 8th Place, but did not receive a notice. Commissioner Aguila asked if the notices and pamphlets were distributed to the residents on S. W. 15th Avenue. Mr. DeLand explained that delivery was started at S. W. 14th Avenue, then continued around the corner to 15th and down as far as he could conceivably see looking through the houses to where any direct con- nection would be to any parking or whatever he might be doing in conjunction with the carnival. He stated that seventy to eighty pamphlets were distributed to the homes. Mr. DeLand read aloud a letter which he addressed to the City Commission, in which he requests the carnival be approved for April 14 through April 18, 1993, instead of in March as originally requested, in order to allow time to adver- tise. Mr. DeLand referred to the March 18th letter addressed to Mr. Miller from Andrew Haynes, President of the Palm Beach Leisureville Community Association, which states that the Board of Directors has no objection to the carnival. In addi- tion, Mr. DeLand stated that Wilbur Lynch, President of Boynton Leisureville, stated that the carnival would have no impact on his community. Mr. DeLand stated that the new dates of the carnival have been confirmed with Michael Morton of Tradewinds. - 1- H~HUTE$ - SPE[CAL CITY COHH]$$[OH HEETZHG BOYNTON BEACH, FLORIDA NARCH 22, 1993 Mr. Deland advised that the Optimist Club has done what it can to prevent any undue hardships on either the community or Home Depot. He asked the City Commission for permission to hold this carnival to raise funds. He said the Optimist Club has recently committed to sponsor some programs for the Recreation Department of the City of Boynton Beach. The Optimist Club intends to spend the greatest bulk of the proceeds raised from the carnival in the City of Boynton Beach. Commissioner Aguila wondered if Mr. Haynes single-handedly wrote the March 18th letter or if a meeting of the Board of Directors of Palm Beach Leisureville was called to generate this letter. Mr. DeLand stated that there are nine members on the Board of Directors and Mr. Haynes contacted a sufficient number of them for a quorum. ~ Commissioner Aguila was not certain that the site chosen for the carnival is distant.enough from residental areas. Mr. DeLand stated that the City Commission requested that the Optimist Club issue the City a Certificate of Insurance. He said this has been reissued and all the certificates will be updated to reflect the correct dates. Joseph Holina, 811S. W. 6th Avenue, stated that he contacted Wilbur Lynch of Boynton Beach Leisureville, who advised him he was against having a carnival at this site. Mr. Molina also contacted Andy Haynes of Leisureville, who told him he regretted the decision to approve the carnival because of the adverse affect it would have on the homes at Leisureville. Mr. Molina expressed concern about the air pollution and traffic that would be generated by the carnival. He said he called three residents on 15th Street who did not know of this special meeting, nor that the City Commission denied this request on March 16, 1993. Shlrle~.JBsklewlcz, 1917 S. W. 13th Avenue, felt that the site chosen for the carnival is hazardous to children. She said this property is adjacent to a deep water canal. In addition, there is a hugh, open trench to the left of the entrance to Home Depot. Regardless of this project, she could not understand how this condition has not been rectified yet. Ms. Jaskiewicz was also con- cerned about setting a precedent. She advised that Delray Beach does not permit projects of this nature in their city. Mr. DeLand stated that he recently cleaned up the lot and made sure no hazardous conditions exist. He advised that it was agreed upon that the carnival equipment would not be placed closer than 100 feet from the canal's edge. In addition, when cutting the lot, the Optimist Club stayed away from any area that could be hazardous to the City's aquatic vegetation. Mr. DeLand explained the other precautions the Optimist Club has taken. Carl Zlmmerman, 122 N. W. 14th Street, spoke against having this carnival. Wllda Sear¢~, 402 N. E. 13th Avenue, felt the City needs more entertainment for children and suggested the carnival be held at Hester Center. Commissioner Aguila advised Mrs. Searcy that the Commission is dealing with one specific site only and if Mr. DeLand wishes to return with a different approach, he may do so. Ellzsbeth Jenkins, 711N. W. 1st Street, stated that this piece of land is just sitting there when it can be used for some good. She pointed out that the car- -2- MINUTES - SPE]'CAL C]'TY COMMISSION #EETING BOYNTON BEACH, FLOR~I)A MARCH 22, 1993 nival that was held in front of her house did not disturb her, even though her windows were kept open because she does not have air conditioning. Margaret Roberts, 112 S. W. 8th Place, voiced concerns about the increased traf- fic problems the carnival would cause, in addition to the noise and pollution. Sanford Qacobs, who is on the Board of Directors of the Optimist Club, failed to see how the carnival would cause a hardship for anybody. He said it may incon- venience a couple of people; however, the children will be benefiting from this carnival. He stated that the Optimist Club is a charitable organization and nobody will be making a dime from this carnival. In response to Mr. Molina, Mr. Jacobs stated that every effort was made to obtain the best site possible. In response to Commissioner Katz, Mr. DeLand advised of some of the events spon- sored by the Optimist Club for children between the ages of seven and seventeen. He said some of the members used their own money to purchase prizes and presents for 600 children. In addition, the Optimist Club recently sponsored one of Boynton Beach's baseball teams with funds of their own because they have not done any major fund raisers, which is what this carnival is intended for. Mr. DeLand stated that the greatest portion of the money raised by this carnival will be used to sponsor Wally Majors' sports programs in Boynton Beach. He stated that Optimist International has 165,000 members and 4,000 clubs, and that each member directly affects thirty children. The Optimist Club has thirty-two members. Mr. DeLand said it is not the intent or desire of the Optimist Club to inconvenience the elderly in the community. Michael I~vons, 16 Southern Cross Circle, pointed out that at the last City Commission meeting, Commissioner Aguila said he did not want 200 people from Leisureville at the next meeting, complaining that this was approved. Mr. Lyons felt the Commission should look at the legality of the situation. He realized the Commission's concerns about having hundreds of people showing up to voice their opinions against certain decisions; however, he did not think the Commission should deny this request based solely on this. Commissioner Aguila stated that the Optimist Club may have the legal right; however, he was not convinced that this is the best site for the carnival. In his opinion, there are other places in the City that would be more appropriate and would have less of an impact on the neighbors. He said his decision is not based on how many people would complain; it is based on this being the best possible site. Seneca Washington, 309A North Seacrest Boulevard, stated that the Optimist Club is trying to help the children who are considered hopeless. She was surprised that there are no programs for underprivileged children in Boynton Beach. NO ONE ELSE IN THE AUDIENCE WISHING TO SPEAK, MAYOR WEINER DECLARED PUBLIC AUDIENCE CLOSED. Commissioner Katz pointed out that when the City Commission denied this request, they asked Mr. DeLand to {1) make sure the City was indemnified and held -3- MZNUTE$ - SPE]CAL CZTY COMMZS$~ON HEET~NG BOYNTON BEACH, FLORZDA PARCH 22, 1993 harmless, (2) obtain communication from the leaders of Leisureville, and (3) cut back the operating hours of the carnival. Commissioner Katz could not see how the City Commission could deny this request when Mr. DeLand has satisfied these three requests. In response to Commissioner Walshak, Mr. DeLand advised that on Wednesday, Thursday and Friday, the carnival will be open from 4:00 P. M. to 10:00 P. M. On Saturday and Sunday, it will be open from 12:00 P. M. to 10:00 P. M. He stated that he already agreed with Mr. Miller to begin shutting down the car- nival so that the majority, if not all, of the participants are off the grounds as close to 10:00 P. M. as possible. Mr. DeLand stated that the Optimist Club did not become a nonprofit corporation in the City of Boynton Beach by accident. The Optimist Club chose the area and the projects.. The Optimist Club picked the projects because Boynton Beach needed the projects. It took the Optimist Club one year to come up with the projects that Boynton Beach desperately needs for the kids. It has also taken them just as long to come up with a project that is capable of raising the funds to support the needs that the kids have in Boynton Beach. Commissioner Walshak stated that there are 2,400 homes in Palm Beach Leisureville and 900 homes in Boynton Leisureville, totaling 3,300 units and probably 6,600 people. He pointed out that there are six or seven folks from Leisureville present tonight, none of whom live in close proximity to where this carnival is proposed. He noticed that these people are the same small vocal group from Leisureville that the City Commission hears from all the time. Commissioner Walshak also pointed out that the Commission does not make a habit of going to the people who live in Sterling Village or Coastal Towers, who are the same age as the folks who live in Leisureville, to ask them if they mind if the City holds the G.A.L.A. in front of their homes. Commissioner Walshak did not remember the Commission even discussing the concerns and feelings of these residents who live around the G.A.L.A., which is extremely noisy and causes the traffic to be detoured. Commissioner Walshak stated that those communities do not object to the G.A.L.A., primarily because they know it is good for the City. He stated that Mr. DeLand received permission from the Board of Directors, who represents the entire community. Commissioner Walshak said he talked to at least fifty people in Leisureville over the weekend, none of whom said they would be perturbed about this carnival when he explained to them that it was for the Optimist Club for the benefit of the children. Motion Commissioner Walshak moved to approve the carnival for the Optimist Club. Commissioner Katz seconded the motion. Mayor Weiner welcomed Mr. DeLand to the Optimist Club. She agreed that money is needed for programs for children; however, she felt this is an unsuitable event in an inappropriate place. City Clerk Sue Kruse took a roll call vote on the motion. The vote was 2-2. Mayor Weiner and Commissioner Aguila cast the dissenting votes. -4- HINUTE$ - SPEICAL CITY COHNT$SION #EETTNG BOYNTON BEACH, FLORIDA HARCH 22, 1993 ADJOURNHENT There being no further business to come before this Commission, the meeting pro- perly adjourned at 7:09 P. M, ATTEST Cit~/Clerk Recording Secretary (Two Tapes) THE CITY OF BOYNTON BEACH Mayor Vice Mayor ~~Con~issioner~ Commi ssi oner Commissioner -5-