Minutes 11-17-92#INUTE$ OF THE REGULAR CITY COM#ISSION #EETING HELD IN CO#MISSION CHAMBERS,
CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 17, 1992 AT 6:30 P.M.
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 - Mayor Arline Welner
B. Invocation - Moment of Sllent Prayer
C. Pledge of Allegiance to the Flag led by Commissioner Robert Walshak
Mayor Weiner called the meeting to order at 6:35 p.m. After a moment of silent
prayer, Commissioner Walshak led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Vice Mayor Matson requested an item be added under Announcements & Presenta-
tions, "C. Continuing Saga of Threats and Harassment of a Public Official".
City Manager Miller added an item under Administrative, "D. Emergency
Replacement of 12" Force Main".
City Manager Miller also added an item to the Consent Agenda. Under Approval of
Bills, he included the Solid Waste Authority bill for October, 1992, in the
amount of $19,214.74.
Attorney Cherof added two items under Legal - Other. Item 2will be an update
on the Mrotek lawsuit, and Item 3 will be an update on the Summit Properties
lawsuit.
2. Adoption
Vice Mayor Matson moved the approval of the agenda as corrected. Commissioner
Harmening seconded the motion which carried 5-0.
ADMINISTRATIVE
A. Board Appointments:
Appointment
to be
Made
Reg/
Board A1 t
Length of Term
Expiration Date
Walshak
Matson
Aguila
Harmening
Civil Service Board
Community Relations Board
Education Advisory Board
Children & Youth Advisory
Alt
A1 t
Reg
Alt
April, 1993 TABLED
April, 1993 TABLED
June, 1994 TABLED
April, 1993
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HOVEHBER 17, 1992
Commissioner Walshak requested his Alternate appointment to the Civil Service
Board remain on the table.
Vice Mayor Matson requested her Alternate appointment to the Community Relations
Board remain on the table.
Commissioner Aguila requested his Regular appointment to the Education Advisory
Board remain on the table.
Commissioner Harmening tabled his Alternate appointment to the Children and
Youth Advisory Board.
B. Request for proposals for the Downtown Hangrove Nature Park Pro~ect
(F,I,N,D, Grant) -lowertng insurance requirements to $500,OOOI250,OOO
City Manager Miller reported that at the request of Commissioner Aguila,
research was done to determine whether or not the insurance requirements for
this grant could be lowered from $1 million of coverage to $500,000 of coverage.
As outlined in Risk Management Memorandum No. 92-117, the County and the City of
Boca Raton also require the $1 million coverage. Further, the Florida League of
Cities Public Risk Division recommends $1 million as the proper coverage for
this grant. Although the City Commission has the option of lowering the cover-
age limits, the City would be placed at higher risk by reducing the protection.
Although Commissioner Aguila does not want to put the City at risk, he feels
this project is minimal in nature and the number of qualified firms will be
limited because of this excessive amount of insurance. He feels $500,000 for
this particular project is adequate.
t4otlon
Commissioner Aguila moved to reduce the insurance coverage for this project to
$500,000. Commissioner Walshak seconded the motion.
Commissioner Harmening feels the City needs as much protection as possible.
The motion failed 2-3. (Mayor Weiner, Vice Mayor Matson and Commissioner
Harmening cast the dissenting votes.
C. Rechasslslng of Vehicle 831 for an emergency medical service rescue
vehicle for the Fire Department
City Manager Miller reported that the Delray Beach Fire Department is in need of
a vehicle for the Operations Center for their Police Department and the City of
Boynton Beach needs a back-up vehicle as a bravo unit at Station #1.
The City of Boynton Beach is working on an agreement for a swap with Delray
Beach. We would supply them with Vehicle #826 (a rechassised vehicle with
45,000 miles) and Delray Beach will supply us with a patient compartment box on
a damaged vehicle. This patient compartment box will be installed in Vehicle
#831. City Manager Miller reported that these patient compartment boxes cost
between $20,000 and $30,000 when purchased. By making this swap with Delray
Beach, the City fleet will be brought up to four (4) transport vehicles.
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Notlon
Commissioner Harmening moved to approve Jim Ness' suggested rechassising of
Vehicle #831 as described in Fire Department Memorandum 92-482 dated November 6,
1992. Commissioner Aguila seconded the motion which carried 5-0.
D. Emeriency Replacement of 12" Force Hain - B°Ynton Beach Boulevard
City Manager Miller stated that during the last month, there have been two
failures on the 12" force main on Boynton Beach Boulevard toward Military Trail.
It was decided that a 1,300' portion of that line needed to be replaced.
Emergency approval was requested for the purchase of $11,909 worth of materials
for this replacement. The work will be performed by the Utilities Construction
Division. The order has already been placed and the project was started last
week because of the time factor involved.
Motion
Commissioner Harmening moved to approve the request of the Utilities Department
Director for replacement of 12" force main on the north side of Boynton Beach
Boulevard. Commissioner Aguila seconded the motion which carried 5-0.
CONSENT AGENDA:
A. Ntnutes:
1. Regular City Commission Meeting Minutes of November 4, 1992
Commissioner Harmening asked that Page 3, Paragraph 3 be corrected to read,
"Vice Mayor Matson".
B. Bids - Recommend Approval - All expenditures are approved in the 1992-93
Adopted Budget
1. Sixty (60) tons of bulk fertilizer for the Municipal Golf Course
The Tabulation Committee recommends awarding the bid to Howard Fertilizer
Company of Orlando, Florida, in the amount of $17,982 for sixty {60) tons of
Howard Fertilizer. Howard Fertilizer Company of Orlando, Florida, is the
lowest, most responsive, responsible bidder and meets all specifications.
C. Approval of Bills
The Solid Waste Authority bill for October, in the amount of $19,214.74, was
added to the list of bills. A copy of these bills is attached to the original
set of minutes on file in the City Clerk's Office.
D. Payment of Btlls- October, 1992
A copy of these bills is attached to the original set of minutes on file in the
City Clerk's Office.
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E. Approve Records Destruction Request - Butldtn9 Department
As outlined in City Clerk Sue Kruse's Memorandum No. 92-154 to J. Scott Miller
dated November 3, 1992, the State has approved Records Destruction Requests Nos.
233 and 234 submitted by the Building Department.
F. Purchase Recycling Containers - Piggyback Palm Beach County Contract
Solld Waste Authority Bld
As outlined in Purchasing Agent Lana Koester's memorandum to J. Scott Miller
dated November 4th, approval is requested to piggyback the Solid Waste Authority
bid with Rehrig Pacific Company, Lawrenceville, Georgia, to purchase 2,000
recycling containers at a total cost of $7,980. This price reflects a cost
savings of $1,020 if the containers are purchased prior to January 1, 1993.
G. $anttary Sewer Reconstruction - Piggyback Palm Beach County Contract
with InsltuformSoutheast, Inc,
As outlined in Purchasing Agent Lana Koester's memorandum to J. Scott Miller
dated November 5, 1992, approval is requested to piggyback the Palm Beach County
existing contract with Insituform Southeast, Inc., Jacksonville, Florida, for
Pipeline Reconstruction.
H. Purchase of Budgeted Two Cubic Yard Wheel Loader for the Construction
Division, Utilities Department
As outlined John Guidry's Utilities Memorandum No. 92-416, approval is requested
for the purchase of this equipment to be used for various projects within the
Utility Department. The bid information and specification were reviewed by
Carel Fisher who has agreed to the proposed equipment.
I. Request for refund on Cemetery Lots 115B and 116A, Block S, Boynton
Beach Memorial Park Addn, #1
In accordance with City Clerk Sue Kruse's Memorandum No. 92-156 to City Manager
J. Scott Miller dated November 5, 1992, Barton A. and Kathryn F. Davis have
requested a refund on these Cemetery Lots. They are moving out of State.
J. Installation of outdoor light at Pioneer Canal Park Boat Ramp
As outlined in the Director of Recreation and Parks Memorandum No. 92-355, after
research and pricing with F.P.L., it has been determined that F.P.L. can install
a 1-50,000 lumen outdoor light at the desired location in Pioneer Canal Park
Boat Ramp for an installation cost of $1,200 and a monthly electric cost of $22.
It has been determined that this light will be beneficial to those using the
facilities.
K. Contingency budget transfer - expenses reference Commission on Ethics
Case
As outlined in a Budget Transfer Request from City Manager Miller to the Finance
Department dated November 9, 1992, approval is requested for the transfer of
funds to cover expenses for a trip to Tallahassee for Vice Mayor Lynne Matson
and City Manager J. Scott Miller regarding the Commission on Ethics.
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L. Request for transfer of Cemetery Lots 340 A & B, Block S, Boynton Beach
Nemortal Park Addn. I1
In accordance with City Clerk Sue Kruse's Memorandum No. 92-158 to J. Scott
Miller dated November 12, 1992, Lorne & Sons Funeral Home has requested per-
mission to transfer Cemetery Lots 340 A & B, Block S, Boynton Beach Memorial
Park Addn. #1, to Dolores R. Gomez.
Mo Receive and File Departmental Acttvtt~ Reports
N. Purchase eight (8) pursutt vehicles from State contract for the Pollce
Oepartment
As outlined in Purchasing Agent Lana Koester's memorandum to J. Scott Miller
dated November 13th, Public Works/Vehicle Services is requesting authorization
to order eight (8)'large size pursuit vehicles off State Contract #070-001-92-1,
Automobiles and Light Trucks, from Southern district, Duvall Ford, Jacksonville,
Florida. The purchase will be for large pursuit vehicles/Crown Victorias at
$12,223 each plus options: keyed alike at $23.00 each and 6" spotlight at $190
each totaling $12,436 per vehicle. The total expenditure amounts to $99,488.
Notion
Commissioner Aguila moved to approve the Consent Agenda. Vice Mayor Matson
seconded the motion which carried 5-0.
MAYOR WEINER DECLARED A RECESS UNTIL 7:00 P.M.
ANNOUNCENENTS & PRESENTATIONS:
A. Clt~ Hall will be closed November 26th and 27th for the Thanksgiving
Hollda3
Mayor Weiner announced that City Hall will be closed on November 26th and
November 27th in observance of the Thanksgiving holiday.
B. Award of Financial Reporting Achievement to the Finance Department
City Manager Miller recognized Grady Swann and the Finance Department for the
attainment of the Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reporting for the fiscal year which
ended on September 30, 1991. This is the thirteenth (13th) consecutive year the
City has received this award. This Certificate is the highest form of recogni-
tion in governmental accounting and financial reporting, and its attainment
represents a significant accomplishment by a government and its management.
When the plaque is received, a formal presentation will be made.
C. Continuing Saga of Threats and Harassment of a Public Offlctal
Vice Mayor Matson said, "Unfortunately, we have to go from the highs to the
lows. Everybody has been reading in the newspapers about harassment and vari'ous
charges that have been directed at myself and the Mayor. Yesterday, I received
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a telephone call and the telephone call went like this. Commissioner Matson?,
and I said yes, and the person on the other end of the phone said, if you don't
resign and leave Jaeger alone, you're going to have an accident. This has been
turned over to the Police. There is an investigation going on. It is a felony
to threaten an elected official. I am not going to resign. I'm not going to
roll over and play dead. Unfortunately, it's more expenses for the taxpayers
for surveillance, for extra Police to patrol my neighborhood and for Detectives
to follow me back and forth from City Hall. I've also been notified that
another City employee told someone in administration that he was having me
investigated and within a week and a half from that conversation, this
employee's attorney came and put in the Public Records Request for information
that is not legal to have been given out. Once more, I'm not rolling over and
playing dead and we'll see where this goes. I just feel that I have nothing to
hide. This needs to be brought forward to let the people in the City to know
what is going on and I'll just sit here with my bullet-proof bra on and take...,
let the chips fall where they may because, I'm not going anywhere. That's it".
Mayor Weiner responded, "I take a threat against Vice Mayor Matson with the
utmost seriousness. I think it is monstrous that somebody sitting on a
Commission should be threatened. If any employee of this City has been involved
in any way with that phone call and that fact is uncovered in a Police
Department investigation, I want everybody to know that this City will take the
severest possible remedy to deal with such an employee. It is horrendous that
someone has been threatened. It is, it is absolutely appalling that anybody,
any moronic person should think that City business will stop because of threats
like that. City business will not stop. What we have begun, we will continue
to do and we hope that the perpetrator of that threat will be found".
Commissioner Aguila agreed with the Mayor's statements and had nothing further
to add. Commissioner Harmening would like to see the perpetrator caught.
BIDS:
Authorization to purchase one curbslde recycling vehtcle from Southland
Equipment Corporation (extension of Clty bid approved and awarded March
17, 1992)
City Manager Miller stated the City would like to piggyback on a bid from
February of 1992,' from Southland Equipment Corp. This will bring the number of
recycling vehicles up to four. $45,000 of the $77,300 will be reimbursed from
the Solid Waste Authority DER Recycling Grant. Authorization was requested to
acquire this vehicle.
Motion
Commissioner Aguila moved to authorize the purchase of the Curbside Recycling
Vehicle. Vice Mayor Matson seconded the motion which carried 5-0.
Be
Authorization to purchase one front-end loading garbage truck from
Southland Equipment Corporation (extension of bid piggybacked on the
Town of Lake Park Bid in December, 1991)
City Manager Miller said the front-end loaders are used for commercial routes.
This purchase would be for a replacement truck for a 1986 Mack. The City of
Boynton Beach will piggyback on the Town of Lake Park bid with Southland
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Equipment Corporation in the amount of $102,034. Funds are available in the
Sanitation Equipment account.
Notion
Commissioner Harmening moved to approve the purchase of one front loading gar-
bage truck and to piggyback on the Town of Lake Park bid in the amount of
$102,034. Commissioner Aguila seconded the motion which carried 5-0.
PUBLIC HEARING:
Project Name:
Agent:
Owner:
Location:
Description:
Clare A11e~ Abandonment
Michael S. Clare
City of Boynton Beach
North of West 7th Avenue and east of Federal Highway
ABANDONMENT: Abandon platted alley that is located at
the rear of businesses on Federal Highway, north of NE
7th Avenue
Mr. Cutro made the presentation. Michael Clare has requested the abandonment of
the alley which is adjacent to the west side of his property located at 611 NE
7th Avenue. Mr. Clare will receive 10' of the abandoned alley on the east side,
and the owners on the west side will receive 10'. The Planning and Development
Board reviewed this request at its meeting of November lOth, and forwarded it
with a recommendation for approval subject to the condition of the easement by
the Utility Department which has a sewer main in the area and Southern Bell
which has equipment in that alley.
Commissioner Harmening is opposed to abandoning this alley.
Commissioner Aguila feels the utility easement would protect the City's
interest. That property could be cleaned up and improved by the property owner.
He is in favor of the abandonment.
Ntchael Clare, of 611 NE 7th Avenue, has no intention of putting anything in the
alley that would inhibit free movement. The alley is overgrown and he would
like to clean it up and maintain it. The neighbors have agreed to keep the
alley clear.
Commissioner Harmening advised Mr. Clare that the City would not prohibit him
from clearing the property and maintaining it.
Motion
Commissioner Walshak moved to approve the abandonment of the platted alley that
is located at the rear of the businesses on Federal Highway, north of NE 7th
Avenue subject to staff comments. Commissioner Aguila seconded the motion. The
motion carried 3-2. (Mayor Weiner and Commissioner Harmening cast the
dissenting votes.)
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PUBLIC AUDIENCE:
Sh,!rley Stevens, of 2832 SE 5th Ctrcle~ is Chairman of the Boynton Citizens'
Coalition and spoke on their behalf. The Coalition has been working to
encourage the City to eliminate the County pockets. Ms. Stevens is also a
member,of Corrmissioner Mary McCarty's,,Boynton Beach Advisory Committee and has
had discussions with her regarding the location of all of the County pockets.
Commissioner McCarty asked County staff to do a study of these locations. Ms.
Stevens provided copies of the study to all members of the Commission. (A copy
of this study is attached ~o the original copy of these minutes.)
Vice Mayor Matson reported that at the Legislative Conference of the Florida
League of Cities, not only will the drug-free parks and recreation area be con-
sidered, but they will provide a definition of enclaves for annexations. Vice
Mayor Matson will bring back this definition as part of her report. She will
provide copies for Ms. Stevens and Mr. Cutro.
Further, Ms. Stevens stated that Vice Mayor Matson was one of the founding mem-
bers of the Boynton Citizens' Coalition. They are proud of her record and are
sorry that she is experiencing so many problems. Ms. Stevens offered the sup-
port of the Coalition.
DEVELOPMENT PLANS:
A. Consent Agenda - Unanimously Approved by Planning & Development Board
Project Name:
Agent:
Owner:
Location:
Description:
Herrrmn's Plaza
Gerald Foland, Baron Sign Company
Sigma Development, Inc.
701 North Congress Avenue
AESTHETIC REVIEW: Request to amend the existing
sign program to allow for the installation of a
freestanding sign at the subject property
Mr. Cutro made the presentation. He explained that in 1989, the City Commission
approved the sign program for the center which included all of the existing
signs. A condition of that program was that there would be no freestanding
signs on the site. When this was done in 1989, the City Commission was respon-
sible for granting exceptions to the sign Ordinance.
At its meeting of November lOth, the Planning and Development Board reviewed
this request and forwarded it with a recommendation for approval.
Commissioner Aguila noted that the island where the sign is proposed to be
placed had a tree which is now a stump. The island to the north of that area
also had a tree which is now a stump. He further pointed out that the nine (9)
trees along Congress Avenue have been seriously cut back from a height of
approximately 8' or 9' down. He wondered if Mr. Cutro was aware of this
situation. Mr. Cutro stated he had not noticed it. Commissioner Aguila
expressed his disappointment at the way the trees have been cut back. He feels
this has been done to validate the argument that the trees will not visually
block the sign.
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In response to Commissioner Aguila's question, Mr. Cutro said the trees in the
islands would be part of the required landscaping because that site plan was
approved by the City Commission. Research would be necessary to determine how
many trees are required in the islands. Commissioner Aguila is not comfortable
allowing a sign in an area where a tree has suddenly disappeared.
Vice Mayor Matson wondered how this differs from Paul Raffa's request for
McDonald's Restaurant. Mr. Cutro said the McDonald's situation is a policy
question for which a conclusion has not yet been arrived at. There is extra
landscaping along the frontage on Congress Avenue. The questions that need
answers are, should extra signage be permitted because the structure cannot be
seen from certain points on the road or should landscaping be removed? Mr.
Raffa's request has been to the Board of Appeals where the additional sign was
denied. They are exploring the possibility of whether or not one or both of the
requested signs can be considered directional signs. The Commission may have to
decide whether or not to grant relief if a sign is blocked by landscaping.
With regard to Vice Mayor Matson's question about the Holiday Inn sign, Mr.
Cutro advised that that sign was under the old Sign Codewhich allowed indepen-
dent businesses to have a sign.
Motion
Commissioner Aguila moved to table this until the tree situation can be
researched to learn under what conditions they were cut back and why some of the
trees are missing. Vice Mayor Matson seconded the motion which carried 5-0.
Mr. Cutro will supply the required information by the next City Commission
meeting.
B. Non-Consent Agenda - Not UnanlmouslyApproved by Planning & Development
Board
None
C. OTHER:
Alhambra Square South - Consideration of modification to stipulated
settlement with regard to property located at the southeast corner
of Congress Avenue and Golf Road for an Adult Rental Community vs,
an Adult Congregate Living Facility (Postponed to City Co~rmnlsslon
of November 17, 1992)
Mr. Cutro reported that in a 1989 agreement reached between the developer and
the City and stipulated in a court settlement, a 248 unit Adult Congregate
Living Facility would be allowed. That facility must be licensed by the State
of Florida.
Mr. Mark Beatty's proposal is for an Adult Rental Community. Since this is part
of a court settlement, a determination must be made by the Commission as to
whether or not this is acceptable under the Court Stipulation. The new proposal
is for 192 Adult Rental Community units with a two-story height.
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Mr. Cutro stated that there will be an increase in traffic because an ACLF unit
would generate virtually no traffic, but an Adult Rental Community, where most
of the tenants would be ambulatory, would produce drivers. He feels, however,
that the traffic generation rate is less than a normal apartment building and
the levels of service on Golf Road and Congress Avenue would not go below Level
"D". Mr. Cutro would have to meet with the County Engineer but feels almost
certain that an eastbound lane into the site would be required as well as a
westbound deceleration lane.
Commissioner Harmening pointed out that while the level of service may not
change on Golf Road, the accessibilty at 15th Avenue going north and south out
of Golfview Harbor and 5th and 6th Avenues south during peak hours would impact
the level of service of the road. Mr. Cutro agreed. Commissioner Harmening
said he is reluctant to interfere wi%h the court settlement and is not in favor
of amending it.
Vice Mayor Matson pointed out that in the agreement on Page 3, Stipulation 5
states that the use of the subject property shall be limited to an Adult
Congregate Living. Facility. Byallowing an Adult Rental Community, the
Commission would be going against the agreement. Mr. Cutro explained that the
court Stipulation can be amended if both parties agree.
Robert Elsen~ Attorneys representln; Hllnor Corporation and Norman Hlchael, ~nd
Hark Beatty, Project Archltect~ appeared before the Commission. A site plan and
elevation were displayed for viewing by the Commission. He reported that Milnor
Corporation has been seeking interest for development of the property since 1989
and has found no interest as an Adult Congregate Living Facility; however, great
interest has been found for the development of an Adult Rental Community. The
proposal would reduce the density from 248 units to 192 units. With regard to
traffic, the ACLF, as originally approved, had a large number of parking spaces
contained within it. The level of ACLF would be for the more active client;
therefore, there would not be much difference with regard to traffic since these
clients would be ambulatory.
He reported that neighboring residents were informed by notice and Milnor
Corporation will reimburse the City for that cost. Meetings have.taken place
with the residents to the north and south. Some of those residents support the
project and others do not. He stated that many of the comments received from
the residents to the south were the same ones that came up in 1989.
He stated that the difference between this proposal and the ACLF is that no meal
service will be provided, but there will be staffing and certain care facili-
ties. The difference between the two projects is the level of care provided.
This project is senior adult oriented because of those services. Milnor will
provide the appropriate restrictions which would limit this project to a senior
adult market.
Mayor Weiner explained that the City Commission approved a community which was
supposed to be a family-oriented community. When the project was approximately
three quarters built, it was being advertised as a senior citizen community.
She asked Mr. Cherof how the Commission could be assured that this project will
turn out to be the project which is currently proposed. Attorney Cherof said
the only thing the City would have is the representations of the developer and
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the developer's counsel. Language could be added to the Stipulation and
Settlement Agreement which would clarify it and lock it in as well as into the
documents which were previously recorded. However, it could come back as a
modification if the developer chose to do so.
Commissioner Harmening pointed out that it would become the City's respon-
sibility to continually investigate to see if the agreements were being adhered
to.
Bob Borovy, of 2521S~W 11th Street~ lives in Golfview Harbor. He reported on
the meeting 6-~tWeen the residents of Golfview Harbor and the Architect. He read
from the minutes of that meeting. Mr. Borovy pointed out the differences bet-
ween the ACLF and the proposed Adult Rental Community and the costs of the
apartments. He explained that items such as traffic, noise reduction, air
pollution and light distribution need to be investigated. He further spoke
about the proposed buffer wall and stated that the original plan called for a 4'
berm and a 4' hedge. Landscaping was another topic of discussion. Of the
utmost importance to the.~people of Golfview Harbor is a completion date for the
project.
In response to Mayor Weiner's question, Mr. Borovy stated that the residents of
Golfview Harbor are opposed to an Adult Rental Community even if all of the
items he spoke about are taken care of.
Don Cera, of 1310 SW 28th Avenue~ stated that it should be noted that the con-
sensus of the homeowners at the Golfview Harbor meeting was that the agreement
stay as is. The residents are concerned about an Adult Rental Community since
there is no clear definition of what constitutes a senior status. The community
was offended that the owner did not attend the meeting. The Architect answered
some questions, but was unable to answer all questions. He urged the Commission
not to change the agreement which has been approved by the court.
Dave Upton, of 1401SW 25th Avenue, is opposed to any change because of the type
of people who might move into the community. The agreed-upon proposal would
have people who are not very active. The proposed Adult Rental Community would
have more active people who would create disturbances at different hours of the
day and night. Mr. Upton would prefer to keep the court-approved proposal.
Susan Gray, of 1194 SW 24th Avenue, is very concerned with the possible switch
from an ACLF to an Adult Rental Community. The increased traffic is her major
concern. Further, her home backs up on the canal. More people on the canal
could result in more boating accidents. She is opposed to the proposed project.
Charles Bone~ 1063 SW 25th Place~ feels the developer should find land already
zoned for rental housing if that is what he chooses. This property is approved
for an ACLF and should remain that way. He feels Golfview Harbor will be nega-
tively impacted by a change to rental units. Traffic will be a nightmare.
Anthony LaFerrara~ 2370 S.__W.!l. th Street~ pointed out that he was before the City
Commission on this subject in the past. He recalled that the developer felt
there would be too much traffic generated if residential homes were built.
There would be too much traffic generated if townhouses were built. Now the
developer is claiming that there will not be too much traffic if a rental
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community or ACLF is built. Mr. LaFerrara suggests adhering to the court-
approved proposal or changing it back to single-family homes. He feels there
are too many rental communities in Boynton Beach.
Vice Mayor Matson said she agreed with Mr. LaFerrara 100%. She bought her home
in Boynton Beach because she thought it was a non-transient community, but
instead we have a tremendous number of rental units in this City.
Peter Ryland, 1311SW 25th Avenue~ opposes the proposed Adult Rental Community.
Mr, Wabnitz~ 1321SW 25th Avenue~ spoke of the poor demonstration presented by
Mr. Beatty. He expressed his opposition to a change from ACLF to an Adult
Rental Community.
Commissioner Harmening stated he was moved and impressed with the body of citi-
zenry which came forth to express their views in a straightforward and clear
manner.
Notion
Commissioner Aguila moved to deny the request of the applicant to modify the
Stipulated Agreement with the City and Alhambra Square South. Commissioner
Harmening seconded the motion which carried 5-0.
A FIVE-MINUTE RECESS WAS DECLARED BY MAYOR WEINER.
2. Lighthouse Square Narlna - Request for sixty (60) day extension by
J & J Ventures of Florida for development of project
Mr. Cutro made the presentation. He reminded the Commission that this develop-
ment was given an extension in August, 1992, and was split in three phases. The
drawings for the first phase were due on November 1. The second phase was due
in March, 1993, leaving the third phase due in July, 1993. No drawings have
been received for the first phase and Mr. Garcia has requested a sixty-day
extension. Dennis Koehler has been hired to represent Mr. Garcia.
Mr. Cutro clarified two questions. Mr. Cutro said a statement contained in his
backup says a site plan was signed off. However, he pointed out that there are
outstanding conditions which have not been met to date. Those outstanding con-
ditions have to do with the fact that when the project was approved, it had to
go to a number of different State agencies for review. Normally, changes are
made to the plans and those changes must be reviewed again by the City. No
progress has been made toward making the changes. Also, if the City Commission
decides to approve this request, Mr. Cutro would like to go back to the way in
which site plans are approved in the City. The date specified by the City
Commission is the date by which the applicant must pull a permit and begin
construction.
Commissioner Aguila questioned whether the applicant should be penalized because
the process takes longer than anticipated and that process is out of the control
of the applicant. He feels it more appropriate to require certain minimum stan-
dards of adequate submission. Mr. Cutro agreed to go with this suggestion, but
expressed concern that plans may be submitted for only one portion and not
another. It is necessary that each phase come in fairly complete. Mr. Cutro
explained that this project is now in the building permit process.
12
MINUTES - REGULAR CXTY CONN]:$$]:ON MEETXNG
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NOVEMBER 17, 1992
Dennis Koehler, Attorney. representing Nr. Garcla, said that he represented an
earlier owner of this project. He was retained yesterday by Mr. Garcia, who is
the managing partner of J & J Enterprises of Florida. Mr. Koehler reviewed the
files and spoke with City staff and Craig Livingston. Mr. Garcia has requested
a 180-day time extension for each of the three phases which have already been
approved by the City Commission.
One of the reasons for the request is financing. Mr. Giachetti worked closely
with Mr. Livingston, but nothing has happened. The group of financers and
bankers Mr. Giachetti lined up for this project were unable to get approval for
the financing. Mr. Giachetti is not an active partner at this time, but may
come back in some time in the future. Mr. Koehler stated problems have been
experienced with the professionals and Mr. Garcia will be arriving tomorrow to
meet with Mr. Livingston and get the project back on track.
Mr. Koehler reported that after discussions with Mr. Livingston, he was advised
that once the problems are resolved, it will take Mr. Livingston two days to
complete the final minor revisions for Phase I and within two weeks of receipt
of the application, permits will be issued. Mr. Koehler feels six months will
supply ample time to secure financing and requested the Commission "bend over
backwards" to show the development community that they are willing to be reason-
able in granting reasonable extensions.
Mayor Weiner complimented Mr. Koehler on his skills and his presentation. Mayor
Weiner pointed out that Mr. Garcia should have timed his visit so that he would
have been present for the meeting.
Vice Mayor Matson said she has been an avid fan of this project for over four
years. She expected to see something happening by this time and she is becoming
disconcerted because Mr. Giachetti told the City Commission the financing was in
order. She stated she will consider this project and one last extension, but if
nothing happens, this will be the last extension she will vote in favor of. She
hopes Mr. Garcia will have a financing package to show the Commission before he
leaves Palm Beach County.
Commissioner Aguila agreed with Vice Mayor Matson's remarks. His original
inclination was to deny the extension and let them begin again.
Motion
Commissioner Aguila moved that they be granted a sixty (60) day extension for
Phase I submittal.
THE MOTION DIED FOR LACK OF A SECOND.
Con~nissioner Harmening said he was inclined to turn down this request, but
realizes Mrs. Hall's project is partly contingent upon this project. For this
particular reason, he might go along with the sixty (60) day extension.
Oanet Hall, 326 SW 1st Avenue, is the owner of property adjacent to this pro-
ject. She has an approved site plan which is tied in with this project and
would have liked the project to have begun on November 1st. Because of the eco-
nomy, she urged the Commission to grant a sixty {60} day extension with the sti-
pulations already stated. She is willing to wait sixty {60) days.
13
MINUTES - REGULAR CITY COI~ISSION NEETING
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NOVENBER 17, 1992
Mayor Weiner said the Commission has heard every story imaginable from the deve-
loper over the last three years. The developers did not have the money when
money was available. This project was approved in August, 1990. They received
an extension in 1991 and another extension in 1992. They are now seeking
another extension for six months. She feels the City has been treated shabbily.
Mayor Weiner said she went along with.~this project even though she did not agree
with all of it because she felt something was better than nothing. However, in
three years, the City still has nothing. The promises by Mr. Garcia are still
empty promises and she will vote against an extension.
Commissioner Walshak said Mr. Garcia is the only ball game in town. Mr. Garcia
owns the property and no one else wants to develop that property. Commissioner
Walshak said it does not bother him one way or the other to grant a six-month
extension.
Commissioner Harmening said the City has heard numerous promises and accepted
various representations as being true and factual and made in good faith.
Although there are economic problems at this time, it may become necessary for
the Commission to either say yes or no to this project.
Commissioner Aguila pointed out that by granting the extension, it would not
afford the City the opportunity to review some of the criteria upon which the
project was approved. Some of the things agreed to years ago might need to be
changed now. If this extension is granted, he is in favor of this project being
rereviewed the next time an extension is requested.
Notion
After lengthy discussion and several attempts at a motion which were deemed
inappropriate, Commissioner Harmening moved to grant an extension of ninety (90)
days which will take Phase I to February 1, 1993, Phase II to June 1, 1993 and
Phase III to October 1, 1993. Vice Mayor Matson seconded the motion which
carried 5-0.
Marine Canvas Retail Sales and Fabrication use in a C-3 zoning
district (Excluding on-site installation) - Direction for a Zoning
Code Text Amendment
Mr. Cutro made the presentation. In April, 1990, there was a consistency review
regarding the addition of marine canvas retail sales and fabrication in the C-3
zoning district. The Planning and Zoning Board deemed this inconsistent with
the Comprehensive Plan. The City Commission similarly found it inconsistent.
When the applicant changed his request, the City Commission found it consistent
and instructed staff to prepare a text change. There was a personnel transition
at that time and this item fell through the cracks. Recently, another person
applied for this same use. Mr. Cutro approved the license, but it has not been
acted upon and the business has not opened. Mr. Cutro asked for direction from
the Commission.
Commissioner Harmening does not feel there is any problem with this use in the
C-3 zoning district and supports changing the text as soon as possible.
Commissioner Aguila agreed. Mayor Weiner recalled the problem to be whether or
not manufacturing should be brought into this zoning district. Commissioner
Harmening feels manufacturing is subject to interpretation.
NINUTES - REGULAR CITY CONNI$$ION NEETING
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NOVENBER 17, 1992
Notion
Commissioner Harmening moved to direct the Planning Director to prepare the text
change. Commissioner Aguila seconded the motion which carried 5-0.
Height exception for the'proposedreplacement elevated water storage
tank at the East Water Treatment Plant site ($eacrest Boulevard and
Woolbrlght Road)
Mr. Cutro reported that the Director of Utilities has requested a height excep-
tion for the new water tower at the plant in anticipation of the site plan for
the East Water Treatment Plant. The Planning and Zoning Department reviewed
this request and concurs with the Utilities Department.
Notion
Commissioner Harmening moved the granting of the height exception for the
water tower at the existing East Water Treatment Plant and finds that it has no
adverse effects on existing or proposed land uses. The height exception is
necessary. The height exception will not severely reduce light and air in adja-
cent areas and will not be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations, etc. Vice Mayor
Matson seconded the motion which carried 5-0.
Review request by the Boynton Beach Church of God to amend the text
of the R1-AA Zoning District to allow day care centers in a church
complex
Mr. Cutro made the presentation and explained that this is consistent with the
Comprehensive Plan but the text of the R1-AA district eliminates day care cen-
ters by saying nursery schools are not considered to be accessory to churches.
At its November loth meeting, the Planning and Development Board reviewed this
request and found it to be consistent with the Comprehensive Plan. They for-
warded this request with a recommendation that the text be amended for the R1-AA
zone to allow for day care facilities within church complexes as a conditional
use.
Notion
Vice Mayor Matson moved to amend the text of the R1-AA zoning district to allow
day care centers in a church complex as a conditional use. Commissioner
Harmening seconded the motion which carried 5-0.
6. Citrus Park - Request for an extension for filing final plat to
November, 1993
Mr. Cutro asked that this item be tabled so that Mr. Rossi can settle some dif-
ferences with the Utility Department with regard to a reserve fee. This item
will be brought back in two weeks.
Notion
Commissioner Harmening moved to table. Vice Mayor seconded the motion which
carried 5-0.
15
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NOVE#BER 17, 1992
Revlew request by owner of the Boynton Beach Plaza for a text amend-
merit to the Central Business District Zonlng Dlstrlct to allow for
the retail sales of new auto parts and accessories
Mr. Cutro made the presentation. The~sale of anything at retail within the CBD
is consistent with the Comprehensive Plan; however, this is specifically prohi-
bited in the CBD. At its November 9th meeting, the CRAB reviewed the request
and forwarded it with a recommendation for approval.
Mayor Weiner passed the gavel and moved to table this item.
Commissioner Harmening stated he would contemplate seconding the motion if he
had any notion as to why the Mayor made the motion. Mayor Weiner explained a
use is being contemplated for this particular property which would have an inor-
dinate benefit on the community. She was unable to provide any further infor-
mation at this time.
Commissioner Harmening seconded the motion.
Commissioner Walshak asked for a point of order. He pointed out that there were
people present in the audience who wished to speak on this item and they had
been present since 7:00 p.m. He asked that they be permitted to speak as a
matter of courtesy. Attorney Cherof explained that the motion to table cuts off
any discussion from any source. However, if the Mayor wishes to permit them to
speak, the motion could be withdrawn with the understanding that it will be
remade. Mayor Weiner had no objection to allowing the people to speak, but
advised that she will remake the motion. Mayor Weiner advised that this item
will appear on the next agenda.
Blll Rotello~ a C,B, Commercial Representative for the shopping center~ brought
representatives from Rose Auto whiCh is currentT~'l~-~-~ted just north of the pro-
ject and wishes to relocate from an existing 3,000' building into 8,400 square
feet of the 19,000 square feet of the former Winn-Dixie. This property has been
vacant for approximately one and one half years. For over a year, attempts have
been made to relocate a grocery store in the former Winn-Dixie space. They have
worked with the Chamber of Commerce in this effort. Dozens of potential opera-
tors have been solicited, but no one has been found.
Mr. Rotello is the leasing agent for the property and pointed out that something
is going on which he is unaware of. The discussion at the CRAB meeting involved
pursuing a grocery store in the space remaining after Rose Auto moves in. The
owners of the project have committed over $200,000 to make Rose Auto a viable
prospect and will have to spend at least that amount of money to retrofit the
remaining space. Rose Auto has been negotiating with the owners in good faith
and they have been a good tenant for the City. They are interested in growing
within the City.
Mr. Rotello said that the prospects for the owner have been very limited and he
has gone one and one half years without any income on that space. He feels the
owners should be given serious consideration in allowing a retail tenant to take
over some of the space.
16
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NOVENBER 17, 1992
Mr. Rotello hoped there will be room for compromise. He again pointed out that
Rose Auto will require 8,400 square feet of 19,000 square feet. He hopes the
remaining 12,000 square feet would be sufficient for the need suggested by the
Mayor. He explained that he had no idea any deal was pending. He requested
that his proposal to amend the text go forward.
Commissioner Aguila stated he is inclined to go along with Mayor Weiner, but
wondered if Mr. Cutro could go forward with the text amendment so as not to
delay their process. Mr. Cutro would meet with Attorney Cherof and prepare the
first reading for the next City Commission meeting.
Hotlon
Mayor Weiner moved to table this item.
Commissioner Aguila stated that if the first reading were prepared for the next
meeting, no time would be lost. At the next meeting, if it does not apply, not
much has been lost. Commissioner Walshak pointed out that this would have to go
to second reading also which would involve an additional two weeks. If some-
thing else happens during that time period, it could be voted down. Attorney
Cherof advised that the Commission could move it forward with a motion to direct
staff to move forward the amendment process. Commissioner Harmening agreed that
staff should be directed to move forward with the text amendment.
In response to Commissioner Harmening's question, Mr. Rotello advised that there
is a vacant store adjacent to the Winn-Dixie containing 2,689 square feet.
Mayor Weiner said this is not a frivilous motion to table. She is aware of all
of the space being offered. She wanted Mr. Rotello to have a level of comfort
and explained that what is being considered is very important to the City. She
is seeking a viable tenant to bring traffic into the center. There is a lega-
lity which limited her speech on this issue. She assured them that she is not
negative to their needs. She asked for indulgence.
Vice Mayor Matson told Mr. Rotello that he has been a very good tenant. She
requested Mr. Rotello's indulgence.
Coflse~$u$
There was a consensus of the Commission to direct staff to have the text amend-
ment prepared for first reading at the next City Commission meeting.
8. Review request by George Gentile (use determination) to allow night-
clubs as a permitted used in the #-1 Zoning District
Mr. Cutro reminded the Commissioners that this item came before the City Commis-
sion before, but was remanded to the Planning and Development Board because of
information which was inadvertently left out of the original presentation.
The Planning and Development Board reconsidered this item at its meeting of
November 10, 1992, and it has been forwarded to the City Commission with a
recommendation that it be allowed as a conditional use in the M-1 zoning
district with the condition that the allowance of the use not have a detrimental
effect on the residential uses with regard to noise, traffic and parking.
Further, they stood by their request to have a proper definition of nightclub
prepared by the City Attorney. The vote of the Board was 4-3.
17
MINUTES - REGULAR CITY COMMISSION #EETING
BOYNTON BF..ACH, FLORIDA
NOVEMBER 17, 1992
Commissioner Harmening said the City can accommodate a nightclub and Quantum
Park may be an excellent place to put it. Commissioner Harmening stated that it
would be an easy feat to accomplish by creating a new and separate category of
zoning. He would not be in favor of a nightclub in the M-1 zoning.
Vice Mayor Matson agreed with Commissioner Harmening but pointed out that adult
entertainment is permitted in theMe1 zoning district. She would prefer the
nightclub to the adult entertainment. She questioned if there is a way this can
be approved with a condition that it not be made into an adult entertainment
establishment. Commissioner Harmening again pointed out that a zoning category
can be created for nightclubs.
George Gentile, representing the appllcant~ said the project is on Commerce Park
Way in the M-1 zoning area. The building planned for use by the applicant abuts
the retaining wall of the 1-95 overpass. It is adjacent to the Tri-Rail sta-
tion. This addition of a nightclub would assist in providing a~ safe evening
environment in that area. The applicant does not oppose any condition of appro-
val that this would not become an adult entertainment facility.
Commissioner Harmening feels this location is perfect for a nightclub and thinks
the City should have a zone for this use. Vice Mayor Matson was in agreement.
Mr. Cutro suggested creating a floating district where nightclubs would be per-
mitted in certain zones such as the M-l, C-4 or C-6. He pointed out that a
regular zone change would entail a land use plan amendment and a straight
rezoning which will take approximately nine (9) months.
Commissioner Aguila has no problem with this use in the area suggested; however,
he does have some concerns in some of the other M-1 zoning districts.
Consensus
There was a consensus of the Commission to authorize Mr. Cutro to create a
floating zone to accommodate nightclubs in certain zoning districts such
C-4, M-l, and PIDs. Mr. Cutro will bring this back to the Commission.
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No, 092-55 Re: Add alternate positions to all
advisory boards
Attorney Cherof read Proposed Ordinance No. 092-55 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
PROVIDING FOR APPOINTMENT OF ALTERNATE MEMBERS OF CITY BOARDS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND PROVIDING AN EFFECTIVE DATE.
Attorney Cherof advised that this incorporates the amendments made on first
reading.
18
HINUTE$ - REGULAR C~TY COHHZ$$ION HEET]'NG
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NOVE#BER 17, 1992
Ho~lon
Commissioner Harmening moved to approve. Commissioner Aguila seconded the
motion. A roll call vote was polled by City Clerk Sue Kruse. The vote was 5-0,
B. Ordinances - 1st Reading:
1. Proposed Ordinance No. 092-56 Re: Change allowable weight from 3/4
ton to one ton for pickup trucks allowed in residential areas
Attorney Cherof read Proposed Ordinance No. 092-56 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, MOTOR VEHICLES AND TRAFFIC,
TO PROVIDE FOR AMENDMENT OF SECTION 14-3; THAT EACH AND EVERY OTHER PRO-
VISION OF CHAPTER 14 NOT HEREIN SPECIFICALLY AMENDED SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR CONFLICTS, SEVER-
ABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Attorney Cherof asked that this item be tabled since the back-up information was
not available which will provide an idea of what a net weight, exceeding 5,000
pounds, would be. Also, he feels the title is defective.
Hotlon
Vice Mayor Matson moved to table. Commissioner Aguila seconded the motion which
carried 5-0.
C. Resolutions:
1. Proposed Resolution No, R92-201 Re: Authorize execution of Army
Corps of Engineers permit for dredging Boat Club Park Channel
Attorney Cherof read Proposed Resolution No. R92-201 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A DEPARTMENT
OF THE ARMY PERMIT, NO. 199130796 (IP-LS) AND A PRIVATE AIDS TO NAVIGATION
APPLICATION, FOR THE BOAT CLUB PARK CHANNEL PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Frederick briefly recapped his report as it appears in Recreation & Park
Memorandum No. 92-362.
Notlon
Commissioner Aguila moved to approve Proposed Resolution No. R92-201. Vice
Mayor Matson seconded the motion which carried 5-0.
19
MINUTES - REGULAR CITY COle4I$$ION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 17, 1992
®
Proposed Resolution No, R92-202 Re: Requesting the County
Commission to forward directly to the City Clerk of Boynton Beach
copies of all ordinances passed on first reading by the County
Commission
Attorney Cherof read Proposed Resolution No. R92-202 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
REQUESTING THE COUNTY COMMISSION TO FORWARD DIRECTLY TO THE CITY CLERK OF
THE CITY OF BOYNTON BEACH COPIES OF ALL ORDINANCES PASSED ON FIRST READING
BY THE COUNTY COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R92-202. Vice
Mayor Matson seconded the motion which carried 5-0.
®
Proposed Resolution No, R92-203 Re: Ratification of the South
Central Regional Wastewater Treatment and Disposal Board action
reference opposing any legislation which would cause the region-
alization of the re-use utility
Attorney Cherof read Proposed Resolution No. R92-203 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION, WHEREIN THEY OPPOSED ANY LEGISLATION WHICH WOULD CAUSE THE REGIONAL-
IZATION OF THE RE-USE UTILITY AND EXPRESSING THEIR DESIRE TO TAKE STEPS TO
ASSURE THE AUTONOMY OF THE RE-USE UTILITY AT THE LOCAL LEVEL; AND PROVIDING
AN EFFECTIVE DATE.
Motion
Vice Mayor Matson moved to approve Proposed Resolution No. R92-203.
Commissioner Aguila seconded the motion which carried 5-0.
e
Proposed Resolution No, R92-204 Re: Ratifying and authorizing 'the
Mayor and City Clerk to execute an addendum {salary adjustment} to
the 1992/93 Collective Bargaining Agreement ratified by the City of
Boynton Beach and Police Sergeants Fraternal Order of Police
Attorney Cherof read Proposed Resolution No. R92-204 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO
THE 1992/93 COLLECTIVE BARGAINING AGREEMENT RATIFIED BY THE CITY OF BOYNTON
BEACH AND POLICE SERGEANTS FRATERNAL ORDER OF POLICE; PROVIDING AN EFFECTIVE
DATE.
Notion
Commissioner Aguila moved to approve Proposed Resolution No. R92-204. Vice
Mayor Matson seconded the motion which carried 5-0.
2O
NINUTE$ - REGULAR CITY CONHISSION NEETING
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NOVENBER 17, 1992
Proposed Resolution No, R92-205 Re: Ratifying and authorizing the
Mayor and City Clerk to execute an addendum (salary adjustment) to
the 1992/93 Collective Bargaining Agreement ratified by the City of
Boynton Beach and Police Lieutenants Fraternal Order of Police
Attorney Cherof read Proposed Resolution No. R92-205 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO
THE 1992/93 COLLECTIVE BARGAINING AGREEMENT RATIFIED BY THE CITY OF BOYNTON
BEACH AND POLICE LIEUTENANTS FRATERNAL ORDER OF POLICE; PROVIDING AN EFFECT-
IVE DATE.
Notion
Commissioner Harmening moved the adoption of Proposed Resolution No. R92-205.
Vice Mayor Matson seconded the motion which carried 5-0.
6. Proposed Resolution No. R92-205 Re: Support further study
regarding relocation of the Coastal Construction Control Line
Attorney Cherof read Proposed Resolution No. R92-206 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
SUPPORTING FURTHER STUDY REGARDING RELOCATION OF THE COASTAL CONSTRUCTION
CONTROL LINE; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION
TO THE APPROPRIATE STATE AND LOCAL AGENCIES.
Commissioner Aguila stated that the letter in the backup from Mike Kazunas is an
excellent letter. Commissioner Harmening pointed out that the engineering that
was done by the person from Gainesville is obsolete and it falls apart quickly
under peer review.
Notion
Commissioner Aguila moved to approve Proposed Resolution No. R92-206. Vice
Mayor Matson seconded the motion which carried 5-0.
D. Other:
1. Special Assessr. ent Liens for Lot Nowln9
Attorney Cherof stated that item will remove a number of assessment liens from
the books including Lien #91-10 in the amount of $130. All of the liens have
been wiped out.
Con,missioner Harmening pointed out that the City can get the property under Lien
#92-07. He referred to a letter from the Tax Deed Corporation dated October 26,
1992, wherein they offer to deed the land to the City. Attorney Cherof pointed
out that there is a condition with the offer which involves the City accepting
the property in its present condition. We do not know the condition of .the pro-
perty and it would probably cost in excess of $150 to find out. Commissioner
Harmening feels the property may be worth more than that amount.
21
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NOVENBER 17, 1992
Notlon
Con~nissioner Harmening moved to approve releasing Lien #84-44, Lien #91-09, Lien
#92-44, Lien #84-15 and Lien #91-10. ~He further directed staff to do a quick
survey and put this back on the agenda. It can be released at the next meeting
if the City does not wish to accept the property. Commissioner Walshak seconded
the motion which carried 5-0.
2. Mro~ek Lavsul~
Attorney Cherof reported that Mr. and Mrs. Mrotek have filed a new action
against the City which is a Writ of Certiorari challenging the denial of the
Board of Adjustment on their appeal of the Building Official's interpretation.
Attorney Cherof asked for direction regarding asserting an appropriate response
and a counterclaim, if appropriate, to bring the wall into conformity with City
Codes.
#orlon
Commissioner Harmening moved to direct the City Attorney to respond to this with
all due forcefulness and timeliness.
Vice Mayor Matson suggested an addition to the motion, "that a Certificate of
Occupancy be granted if he puts up the surety to..., enough money to remove the
wall. I felt all along that they belong in, you know, in that house and I, I
just have no problem with the fact that if they, they bond..., give us enough
money to make sure that the wall is gonna be removed, I can't see, you know...".
Commissioner Harmening pointed out that the Mrotek's have tried to take the City
over the coals on several issues and he has no sympathy for them at all.
Commissioner Walshak agreed and said they have been fighting the City for over
two years. They have cost the City a great deal of money. He feels no leniency
should be granted. He feels the City should go all the way with the Mroteks.
Commissioner Walshak seconded the motion which carried 4-1. (Vice Mayor Matson
cast the dissenting vote.)
2. $unmlt Properties
Attorney Cherof reported that this case is commonly referred to as the "Hunters
Run Commercial Tract". This involved a Comprehensive Plan amendment and a
rezoning, and a 1972 Court Order that locked in certain permitted uses on the
property.
A proposal has been received which will enable the lawsuit to come to an end.
Attorney Cherof will add this onto the next agenda and he will request direction
with regard to notifying adjacent property owners who participated in the first
set of discussions.
22
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 17, 1992
3. Potential for Recovering Out-of-Pocket Attorne~ Fees b~ the Clt~
In the Ethics Corrmlsslon Action
Attorney Cherof stated, "I have one more item, Mayor. I apparently, I may have
failed to indicate that I needed this added onto the agenda but I do need some
direction from you on it. It has to do with the potential for recovering out-
of-pocket attorney fees by the City in the Ethics Commission action involving
the City Manager and the Vice Mayor. There may be the possibility of recovering
attorney fees expended by the City. I would simply ask your authorization to
explore that possibility and to take appropriate action to preserve your right
to recover attorney fees and bring it back to you at the next meeting with
respect to how to go about doing that".
Mayor Weiner feels it is time that this issue is explored and asked if a motion
was required. Mr. Cherof requested a motion and Commissioner Harmening so
moved. Commissioner Aguila seconded the motion which carried 5-0.
OLD BUSINESS:
A. tkster plan modification to amend a condition regardln9 the construction
of Knuth Road as part of the Tara Oaks PUD ,,,,,,,,,,,,,,,,,,,,, TABLED
City Manager Miller requested this item remain on the table. He reported that a
letter had been received during the past week and the Planning Department is
reviewing that letter at the present time. This issue will probably be ready
for consideration at the next City Commission meeting.
NEW BUSINESS:
Ae
Reaffirmation of Commissioner Jose Agulla as voting delegate and
Con~tssloner Ed Harmenlng as alternate to the Palm Beach Count~
Municipal League
Motion
Vice Mayor Matson moved to reaffirm Commissioner Aguila as a voting delegate and
Commissioner Harmening as an alternate to the Palm Beach County Municipal
League. Commissioner Harmening seconded the motion.
Commissioner Aguila explained that the way the bylaws used to read, if anyone
other than the delegate or alternate attended the meeting and was not on the
voting list, that person needed an authorization from "home". Those bylaws have
been changed, and any number of people can be put on the list. This list will
then be renewed every year.
It was decided to add the names of Vice Mayor Matson, Carrie Parker, Scott
Miller and Wilfred Hawkins.
The motion carried 5-0.
23
NINUTES - REGULAR CITY CONHIS$ION #EETING
BOYNTON BEACH, FLORIDA
NOVEHBER 17, 1992
Be
Consider the City of Boynton Beach hostlng a monthly Buslness After
Hours for the Greater Boynton Beach Chamber of C~erce In January,
1993
City Manager Miller advised that this function would be similar to the one
hosted earlier this year by the City.
In response to Vice Mayor Matson's question, Mr. Miller reported there will be
no City costs associated with this function.
Notion
Commissioner Harmening moved to approve the City of Boynton Beach hosting a
monthly Business After Hours for the Greater Boynton Beach Chamber of Commerce
in January, 1993. Commissioner Aguila seconded the motion.
Vice Mayor Matson said she is an active Chamber member and will support this
function, but feels there~should be more interaction between the Chamber and the
City. The City passed the Adopt-a-Street program with Keith Girten and Bob
Taylor in the audience. The Trash-a-Thon was to be the starting point of that
program and they agreed to support it. No one from the Chamber participated in
any of the Trash-a-Thons. Vice Mayor Matson is upset and disappointed by the
absence of Chamber members. She hopes there will be more cohesiveness between
the two groups in the future.
The motion carried 5-0.
CITY MANAGER'S REPORT:
None
OTHER:
With regard to the Trash-a-Thon, Commissioner Harmening suggested Vice Mayor
Matson research how Emily Jackson did it in 1972 and 1973.
Commissioner Aguila advised that he would not be present for the December 15th
meeting.
Commissioner Walshak said that at the last City Commission meeting, Attorney
Cherof said one or two memoranda would be ready regarding some specifics.
Commissioner Walshak wondered when this would be forthcoming. Attorney Cherof
will have this information on the next agenda and offered to provide it in
advance of the next meeting.
AO3OURNNENT:
There being no further business to come before the City Commission, the meeting
properly adjourned at 9:40 p.m.
24
#INUTE$ - REGULAR CITY CONMISSION #EETING
BOYNTON BEACH, FLORIDA
NOVENBER 17, 1992
ATTEST:
(]~ecordi ng Secretary
(Three Tapes)
THE CITY OF BOYNTON BEACH
Mayor
Vi ce Mayor
Commissioner
Commi ssi oner
25
AGENDA
November 17, 1992
III.
CONSENT AGENDA
C
cc: Fin, Rec, Util
10.
ALLIANCE PUMP
P.O. 3152. Rebuild Ptunp, Rewind Motors for Lift
Station #103.
Pay from Water and Sewer Fund---401-352-5-433-00
BROOKS PRODUCTS
P.O. 2904. 360 Covers and Lids for Water Dist.
Pay from Water and Sewer Fund---401-333-5-387-00
CENTEGH UTILITY CORPORATION
P,O. 1925. Pay #4 for Treatment of Well Precipitation.
Pay from Water and Sewer Fund---401-332-$-430-02
CHUCK'S AUTO REPAIR
P.O. 3099. Repair Undercarriage of Vehicle #367.
Pay from Self insurance Fund---622-195-5-440-03
DUNCAN EDWARD
P.O. 3058. Four Spike Resistant Mats.
Pay from Golf Course Fund---411-726-5-318-00
EDICON SYSTEMS DIVISION
P.O. 2676. Laser Printer for Edicon System.
Pay from Misc. Trust Fund---691-000-1-691-20
FLORIDA LEAGUE OF CITIES
Various Bonds thru Risk Management.
Position Bond - $4,126.00, Pension Bonds - Police $100,
Fire $100, and General Employee $100.
Pay from Self Insurance Fund---622-195-$-445-00
FLORIDA SERVICE ENGINEERS, INC.
P.O. 2858. Service Call to Install and Truce Main
Control Board on Robicon VFD.
Pay from Water and Sewer---401-352-$-433-00
FRONTLINE MEDICAL SUPPLIES
P.O.2834. Various Emergency Medical Supplies for
Stock at the Warehouse.
Pay from Warehouse Fund---502-000-0-410-18
GEE & JENSON
Task 201 - Landfill, Task 202 - Downtown Mangrove
Nature Park, Task 203 - School Structural Asses.
Pay from Sanitation Fund---431-341-5-490-06 $519.10
Pay from Community Imprv---621-136-5-499-00 $701.60
Pay from Public Serv. Tax--301-412-5-640-32 $530.29
1,878.82
2,700.00
27,800.00
2,410.13
2,200.00
4,134.00
4,426.00
1,677.90
1,243.87
1,750.99
COMMISSION
NOV l? 1992
APPROVAL
11.
13.
1;4.
16.
19.
20.
IBM
P.O. 3017. Partial Payment for IBM Upgrade of AS/400
to Model E50.
Pay from General Fund---001-000-1-364-O1 $7,364.55
" " 001-133-5-729-00 $1,606.03
9,240.58
IDEAL PAINT AND BODY
P.O. 2781. Repair to Vehicle 70.
Pay from Self Insurance Fund---622-195-5-440-01
2,054.40
INSURANCE SER%~CING & ADJUSTING CO.
Claims Admin. Fees for Workers' Comp. for the Month
of Septeraber 1992.
Pay from Self Insurance Fund---622-195-5-440-01
1,350.00
JOSIAS & GOREN,
Legal Fees & Costs - Professional Services Rendered for
October, 1992 - $6,380.10; Manders Property - $23.40;
Barnett Mortgage - $40.00; Bethesda Hospital - $200.00;
CDBG Right-of-Way Acquisition - $150.00; City v. St.
Juste $391.40; City vs. Summit Associates - $170.00; City
vs. Citrus Glen - $470.00; CDA Comp Plan - $355.30; Mrotek -
$100.00; Tradewinds Development Co. - $250.00 = $8,530.20
Pay from General Fund---001-141-5-461-00
8,530.20
JOSIAS & GOREN, P.A.
Legal Fees & Costs 3/18/92 - 10/28/92 in Reference to
Vice Mayor Matson - Ethics Commission Charges.
Pay from General Fund---001-141-5-468-00
6,513.06
KI~INS RECYCLING
P.O.2889. October Billings for Recycling.
Pay from Sanitation Fund---431-341-5-490-01
14,195.32
L & A WATER TREATMENT CORP.
P.O. 856. West Water Treatment Plant; Contract I -
4 MGD Membrane Softening Equipment.
Pay from 1990 Construction Fund---409-000-0-690-10
17,100.00
LEXMARK INTERNATIONAL, INC.
Trade in IBM Laser Printer II, Model 4216-031,
Replaced by IBM Laser Printer, Model 4029-020.
Pay from General Fund---001-133-5-670-02
1,000.00
P.B.C. SOLID WASTE AUTHORITY
1993 Disposal Assessments SWA.
Pay from Sanitation Fund---431-341-5-490-01
40,828.78
PEROXIDATION SYSTEMS
P.O. 3002. Hydrogen Peroxide for Odor Control
at Water Plant.
Pay from Water Plant---401-352-5-365-O0
8,032.05
CO d VIISSi
2
NOV 17 1992
APPROVAL
ON
21.
22.
2¸3.
25.
2¸6.
29.
3o.
ROYAL BATTERY DISTRIBUTOR - FLA.
P.O. 3163, Golf Cart Batteries,
Pay from Golf Course Fund---411-727-5-345-O0
2,809.80
SIRSI CORPORATION
P.O. 2344. Software for Public Access - Terminals
and Workstations.
Pay from Capital Improvement Fund---302-000-1-450-20
1,100.00
TARE LAWN MAINTENANCE
P.O. 2976. Various Landscape Maintenance Services.
Pay from General Fund---001-722-5-430-15
4,572.50
TECHNICAL PRODUCTS
P.O. 2978. Polyphosphate Used to Stabilize Water.
Pay from Water and Sewer Fund---401-335-5-365-00
7,920.00
UNITED STATES PIPE AND FOUNDRY
P.O. 3154. 20 M.J. Long Pattern Full Bodied Sleeves
for 2" Water Main Replacement.
Pay from W & S Uitlity Revenue Fund---421-000-0-690-21
1,378.70
VANCE & DONEY, P.A. 1,500.20
Legal Fees and Costs - Finizio vs. City of Boynton Beach:
8/12f92 - 10f14/92 - 8.25 hours @ $175.00 per hour = $1,443.75
plus Costs of $56.45 to Ley & Marsaa Court Reporters.
Pay from General Fund---001-141-5-468-00
ALLIED LIME
P.O. 2844. Quick Lime for Chemical Softening.
Pay from Water and Sewer---401-332-5-365-00
2,004.75
HUGHES SUPPLY
P.O. 3207. PVC Pipe, Manhole Frame and Grate for
Potter Rd. Storm Drain.
Pay from Public Serv. Tax Construction---301-411-5-630-01
2,015.00
KASGO CORPORATION OF AMERICA
P.O. 3378. Various Golf Gloves for Pro Shop.
Pay from Golf Course Revenue---411-000-0-420-10
3,676.52
MURRAY LOGAN CONSTRUCTION
P.O. 1217. Payment #6 - Replacement of Pump Stations
310, 408, and 411.
Pay from W & S Utility Revenue Fm~d---421-000-0-691-21
35,113.50
PRIDE OF FLORIDA
P.O. 2942. Retread Tires.
Pay from Vehicle Service Fund---501-193-5-322-00
CO
1,100.73
MMISSION
~OV 1 ? 1992
APPROVAL
32. PALM BEACH BRAKE AND WHEEL 1,551.69
P.0.2857. Various Vehicle Parts for Repairs.
Pay from Warehouse Fund---502-000-0-410-17
Pay from Veh. Serv Fund---501-193-5-324-00
These bills have been approved and verified by the department heads involved,
Checked and approved for payment.
Grady W~
I therefore recommend payment of these bills.
J/Scott Miller, City Manager
/
ADDED
PALM BEACH COUNTY SOLID WASTE
Use of County Landfill for October, 1992.
Pay from Sanitation Fund---431-341-5-490-01
19,214,74
CO, VI ISSiON
APPROVAL
III. CONSENT AGENDA
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Bo&~;~of-C~untY Commissioners
Karen T. Marcus, Chair
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elmquist
Man, McCarty
Kef Foster
Mai Ford Lee
County Administrate
Robert .Weisman
September 29, 1992
Shirley Stevens
2832 S.E. 5th Circle
Boyn~n B%a~,,~ ,~ 33435
Dear V~:
Tnis~i~ a fqll~w up to my letter of July 29, 1992 with
re~ to y~ur/inquiry about County pockets in Boynton
B~h. You wi~ recall that Dick Morley informed me that it
would take approx~ately six months to complete this data.
I hope the enclosed provides you with appropriate
information and that you will call me if additional
questions arise.
Mary.~c~a~3~ . .
Commiss~6ner~District. IV, ,
Palm ~ach Co~,ty Co~is sio.~
Attac~rrt-
"An Equal Opportunity- Affirmative Action Employe~"
Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 Suncom*(407) 273-2030
From:
Date:
Re:
INTER-OFFICE COMMUNICATION
PALM BEACH COUNTY
PLANNING ZONING & BUILDING DEPARTMENT
Richard F. Morley, Principal Planner
John Ruperms, Planne~
September 22, 1992
Unincorporated Enclavea/Pockets - Boynton Beach
This memo is in response to a portion of a letter County Commissioner Mary McCarty
wrote to a constituent, Ms. Shirley Stevens, with a copy to yourself, which promised
information about unincorporated County parcels in Boynton Beach. I utilized copies of the
appropriate Future Land Use Atlas Maps upon which were drawn the boundaries for the
properties described in the table below. The Comprehensive Plan land use designations
were also derived from these maps.
In addition, I verified, as accurately as possible, the actual land uses from aerial
photographs (as of March, 1992) in the current REDI Aerial & Map Atlas volume for South
Palm Beach County. The general boundaries of the area involved in this analysis are:
N~rth - Hypoluxo Road
South - Lake Worth Drainage District Lateral Canal 30 and Gulfstream Blvd.
East - Intracoastal Waterway
West - Lawrence Road
There were 3 subareas within the above boundaries which were analyzed in the following
table. The information for each one begins with the pocket or enclave which has the
greatest approximate acreage. Also, there is an attached map which for each site generally
shows its location and indicates the subarea and acreage amount involved.
Comp Plan Actual
Size Land Use Land
Subarea (Acres) Location Designation Use
I 366
North- Hypoluxo Rd. Commercial,
8 d.u.'a/acre,
South- Miner Rd. 5 d.u.'a/acre
East- Town of
Hypoluxo and
F.E.C. Railroad
Primarily single family,
some multi-family,
commercial, a ware-
house facility and a
cemetery
West- 1-95
281
N.E. & S.E.
8 d.u.'a/acre, Primarily mobile home
181
comers of
Lawrence Rd. &
N.W. 22nd Ave.
5 d.u.'s/acre
North- Hypoluxo Rd. Commercial,
Industrial,
South- .25 miles south 8 d.u.'s/acre,
of Miner Rd. 5 d.u.'s/acre
East- S.C.L.R.R.
West- High Ridge
Country Club
69 .8 ofmile south of 5 d.u.'s/acre
Hypoluxo Rd. @
N.E. cot. of Law-
rence Rd. & L.W.D.D
Lateral Canal 20
18 S.E. cor. of 5 d.u.'s/acre
Hypoluxo Rd. &
Lawrence Rd.
16 North- Hypoluxo Rd. Commercial,
5 d.u.'s/acre
South- E-4 Canal
parks, multi-family,
some single family,
and vacant land
Single family,
light industrial,
and vacant
Mobile home park
2 single family houses
Single family developments
East- High Ridge
Country Club
West- single family subdvsn.
8 North- Hypoluxo Rd. 8 d.u.'s/acre Vacant
South-300' north of
Meadows Blvd.
East- 650' east of
Meadows Way
West- .7 of mile east of
Lawrence Rd.
East side of Law- 8 d.u.'s/acre
rence Rd., 1/4 mile
south of Hypoluxo Rd.
4 'North- HYpoluxo Road 8 d.u.'s/acre Vacant
South- City of Boynton Bch.
East- .3 of a mile west of
2 single family homes
2
138
Meadows Way
West- Lawrence Rd.
S.E. comer of Law-
rence Rd. and
L-21 Canal,
900' north of
N.W. 22nd Ave.
North- U.S. High-
way 1 & Old Dixie
Hwy. intersection
South- Gulfstream
Blvd.
East- Intmcoastal
Waterway
West- Old Dixie Hwy.
87 North, Diane Drive Industrial,
5 d.u.'s/acre
South- L.W.D.D.
Lateral Canal 30
East- Lake Drive
West- Interstate 95
5 d.u.'a/acre
5 d.u.'a/acre
33 North- S.W. 23rd Cir. 5 d.u.'a/acre Vacant
South- L.W.D.D.
Lateral Canal 28
East- Congress Ave.
West- Village of Golf
27 North- S.W. 36th 2 d.u.'a/acre Lake Eden
Ave.
South- Pineridge Rd.
East- Swinton Ave.
West.- E4 Canal and
Lake Drive
N.W. cor. of Gulf-
stream Blvd. &
F.E.C. Railroad
9 5 d.u.'a/acre Vacant
2 single family homes
Strip commercial and
single family subdivi-
sions
Church, 3 single family homes,
and Lake Ida
3
Attachment
5
8
3
N.W. cor. of 1-95 Institutional
and Mission Hill Rd.
North- Old Boynton Commercial
Rd.
South- Boynton Bch.
Blvd.
.East- .5 of a mile east of
Congress Ave.
West- Javert St.
North- Boynton Bch. Industrial
Blvd.
South- City of Boynton Beach
East- Congress Ave.
West- City of Boynton Beach
Church
Strip commercial &
vacant
Warehouse facility
LOCATION OF UNINCORPORATED POCKETS/ENCLAVES- BOYNTON BEACH
Hypoluxo Rd.
1_16 1, 181 I - 366 ='
~ 1-18 Ridge ', - -
~ 1-8~ Country --
{~ n-
~ I'Mead°ws ~ i," u~ ~ Rd. ==
Miner
1-69 "' '' " '
L-20 Canal -r' , . .- .-
N.W. 22nd Ave. -- -
1-~81 : : '' -
Old Boynton Rd. '=' ' "--'
JavertSt.~ o~ - . ".' : "'
Boynt ' '
3-8 on Bch. Blvd. -'
3-3 ..
.. _.,
n- .
~i! Woo,bright Rd. : : == --
,,. .-.-
"''" '1-
"~ .'" u.,
Ridg ·
Quail · [ $.C.L ~ n-= : Old '",
· , ,-,.: = . -
Diar~o Dr on .- -
2- ·
Hunter's Run Blvd.
~'/ Pinerid~'~
11-3ss: Subarea 1-366 Acres
Prepared by Palm Beach County Planning Division- Sep~r, lgg2