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Minutes 10-04-99 MINUTES OF NEIGHBORHOOD SUMMIT MEETING HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA ON MONDAY, OCTOBER 4, 1999 AT 7:00 P.M. PRESENT Commissioner Nellie Denahan Steve Gale, Deputy Fire Chief Matt Immler, Assistant Police Chief Scott Blasie, Code Compliance Administrator Mark Law, Deputy Utilities Director Dan DeCarlo, Assistant Planner Larry Quinn, Assistant Director of Public Works INTRODUCTIONS Mr. Hank Ackermann called the meeting to order at 7:02 p.m. Mr. Ackermann said this was the ninth Neighborhood Summit meeting and meets every three months. He thanked everyone for attending. Tonight’s meeting will not have an agenda. All the representatives of the Neighborhood Associations decided upon this. These representatives, as opposed to City staff, usually do the planning for the meetings. Mr. Ackermann announced that he would be leaving the City shortly but hopes that the meetings would continue. Everyone was asked to sign the sign-in sheet. Mr. Ackermann asked that questions posed tonight be limited to neighborhood and City at-large concerns. Mr. Ackermann introduced members of the City staff that were present and Commissioner Denahan. Everyone that was present this evening that was representing a Neighborhood or Homeowner Association introduced themselves. A map of the City was presented for review of the neighborhoods within the City. Mr. Herb Suss, Quail Run said there is going to be a major traffic problem when ? WalMart is built. He feels traffic will come down Knuth Road onto Woolbright Road. th Quail Run goes from Woolbright to Golf Road to SW 26 Street and people traverse this area at 40 to 50 mph instead of the 25 mph speed limit. Mr. Suss inquired if there have been any type of traffic studies done in this area and thinks a study should be done ? before WalMart is built. Mr. Suss said something needs to be done before someone gets killed. Mr. Ackermann pointed out that this is a common problem in many neighborhoods and that people cut through the neighborhoods to avoid traffic. MEETING MINUTES NEIGHBORHOOD SUMMIT BOYNTON BEACH, FLORIDA OCTOBER 4, 1999 Mr. Blasie said that when you travel west on Woolbright, the left turn on Congress Avenue is very short and only four or five autos can get through before the light changes. Mr. Blasie suggested that the County be contacted to determine if the length of the arrow can be changed. ? Mr. DeCarlo said that part of the approval process for WalMart included a traffic study, which had to be approved by the City. Mr. DeCarlo stated it is difficult prior to construction to determine traffic patterns and traffic flows. The City has indicated to ? WalMart that the City would like the traffic kept off the residential streets. Mr. DeCarlo said there is a possibility that Knuth Road would have a minimal amount of traffic, but the City will keep a close watch on this area. Mr. Sunny Garcia inquired for how long the traffic study would be undertaken. Mr. DeCarlo responded that when a project is of this large size (500 trips or more) a ? concurrency study is required for the County. WalMart has paid a substantial amount of money to the County in anticipation of increased traffic. The traffic studies are kept on file and are monitored by staff. Mr. DeCarlo said that the study is actually ongoing as it relates to the initial phase of the project. He said that it is important that the County know what types of road improvements are going to be needed for the future. Traffic counters are used to count traffic. The City can ask them to monitor the traffic on Knuth Road and this can be done on a regular basis. Mr. Suss reiterated that his association is concerned about the area between Golf and th Woolbright and SW 26. Assistant Chief Immler said that the Police Department would be available for traffic enforcement and will make sure that traffic laws are adhered to. However, this can only be done on a temporary basis, because there is not enough manpower to do this permanently for any particular intersection. He pointed out that most traffic studies are fairly accurate if performed by a reputable company. Mr. Brian Edwards, Chairperson of the Image and Redevelopment Committee of th the Neighborhood Summit, 629 NE 9 Avenue said he was proud to be Chairperson of this Committee. He wished to go on record to publicly thank Hank Ackermann for attending all their monthly meetings and appreciates everything that Mr. Ackermann has done for the neighborhood associations. Mr. Brian Edwards asked about Bikini Beach and explained to the audience what Bikini Beach is and where it is located. Mr. Edwards was under the impression that Bikini Beach was operating as a bar and grille and in actuality was a “lap-dance-type place”. The establishment is located within his neighborhood in Yachtsman’s Plaza on N. Federal Highway. Between the hours of 11:00 p.m. and 2:00 a.m. there is a tremendous 2 MEETING MINUTES NEIGHBORHOOD SUMMIT BOYNTON BEACH, FLORIDA OCTOBER 4, 1999 amount of noise coming from the parking lot and this is a great disturbance to the neighborhood. Mr. Edwards said he was under the impression that Bikini Beach is complying with the code and asked Mr. Blasie for an update on the issue. Mr. Blasie confirmed what Mr. Edwards had stated about Bikini Beach, in that Bikini Beach tried to become an adult entertainment establishment, which is not allowed. The City acted swiftly about six to eight months ago to make sure that the establishment was complying with the City Ordinances and that no adult entertainment was taking place. Mr. Blasie was under the impression that the establishment is now operating as a DJ and dance club. He also said that the police are routinely called to Bikini Beach every Saturday night because of the disturbances taking place in the parking lot. Operating with their original license as a bar and restaurant, they tried to run an adult nightclub. After the City determined what was taking place at the establishment and stopped the adult entertainment and since they were not serving food, they changed their license to a drinking establishment. Currently, Mr. Blasie was unaware that there were any code violations and they have not violated the occupancy requirement. The establishment has an occupancy rate of approximately 300 persons. Mr. Edwards asked if there is a violation of the code for noise and could the noise be monitored at that time of night? If a violation in fact does exist, can the owner be made to build some type of wall to keep the noise down? Assistant Chief Immler stated that the police have been giving out traffic tickets, which is the only enforcement action they can take in this type of situation. Also, the police have been monitoring the area and whenever there is a crowd the police go in and empty out the parking lot to get rid of the noise problem. Assistant Chief Immler stated that last weekend there were fights taking place in the parking lot. Also the police utilize DUI enforcement. Commissioner Denahan asked when does the City’s nuisance and abatement codes become applicable and could they be used to close the place down. Assistant Chief Immler said they are looking at this. The City also looked at it from a fire safety standard, but they are not coming close to the maximum occupancy. Commissioner Denahan suggested that the City look at the nuisance and abatement code to see if the place can be closed down. Commissioner Denahan said that people would be coming into this area of the City through the new Gateway corridor and it is important not to scare people away because of traffic problems, noise and fights. Assistant Chief Immler said that in order to utilize the nuisance and abatement codes there needs to be some kind of culpability on the part of the property owner to actually 3 MEETING MINUTES NEIGHBORHOOD SUMMIT BOYNTON BEACH, FLORIDA OCTOBER 4, 1999 close the business down. Commissioner Denahan said that the owner stated that the sale of drugs is taking place on the premises. Mr. Mal Behl, of Mariner Village , which is near the Yachtsman Plaza said he is concerned about this situation. He felt that this could affect home values and this in turn can affect taxes. Ms. Dee Zibelli thanked Hank Ackermann for the fine job he has done. Ms. Zibelli said her windows are shattering from the noise from the boom boxes and there are not enough police to cover the City. The City needs to hire more police personnel in order to cover areas like this. Ms. Zibelli said the police are doing the best they can do and have to go by the law. Ms. Susan Buchanan of Inlet Cove stated one of the reasons the Neighborhood Summit was formed was to address common problems. Even though the problem of Bikini Beach is not currently in other neighborhoods, it could be. She suggested that all the neighborhood associations ban together to get the Code amended to require that the owner or manager of any establishment that creates a public nuisance be required to provide private security measures. Ms. Buchanan said the police are doing a wonderful job, but cannot be in every place at every minute. Ms. Buchanan suggested that a committee be formed to address the code amendment. Mr. Ackermann inquired if there is anything currently in the code that would require establishments to provide private security and Mr. Blasie said there is not. Mr. Blasie stated that in this particular case there is a property owner and a property manager and it would be difficult to force laws on different entities and could prove complex. Mr. Blasie agreed with the suggestion made. Mr. Blasie said that the person that owns the property in question is a very well respected businessman in Boca Raton. Mr. Blasie pointed out that there have been several establishments at this location and it is difficult for tenants to maintain a business. Mr. Blasie said that this tenant made a large money commitment and is not going to walk away. James Batmasian of Boca Raton owns the property. He said that in the past when the Pyramid Club was operating at this location, Mr. Batmasian had this problem tenant out within a week. Mr. Blasie felt that the Neighborhood Summit is an excellent forum to address these issues and could have the ability to try to change codes. Mr. Garcia inquired if it were possible for these types of establishments to hire off-duty police officers and would this be possible in the particular instance. Assistant Chief Immler said that establishments in the City do contract with the City for private police services. Assistant Chief Immler said that each establishment is looked at on an 4 MEETING MINUTES NEIGHBORHOOD SUMMIT BOYNTON BEACH, FLORIDA OCTOBER 4, 1999 individual basis and he would have a problem with police officers working in these types of businesses. He did not think the police department should be in a business relationship with a nightclub. Mr. Buck Buchanan felt that both the owner and manager of the property should have the same responsibilities. Mr. Buchanan said that there are prostitutes working out of this shopping center and are there all day long out in the open. Mr. Suss said it is important for all the neighborhoods to stand together on issues and that they can bring pressure on the City to get things done. He also noted that the City needs more police officers and he has been advocating this for over a year now. Mr. Ken DeRousse, Sterling Village asked Assistant Chief Immler if a police officer could go onto the premises and check the license plates of the parked cars to determine if there are any outstanding tickets, are stolen or if any other violation exists on that vehicle. Assistant Chief Immler said a police officer could always check a vehicle and call the number in to determine if the license number has been associated with an outstanding crime or is not registered. Mr. DeRousse inquired how the Police Department would enforce the law. Assistant Chief Immler said that if he had the manpower he could send people around the City to check licenses but that is not the problem at Bikini Beach. The problem there is to get people to leave when they exit the property without turning on their radios. Mr. Ackermann handed out a copy of the list of homeowners association to persons in the audience. Mr. Ackermann said he would be glad to send one to anyone who requests it. drainage/storm water problems The next issue to be addressed is the that exist throughout the City. Mr. Jack Wolfe of Boynton Lakes informed the audience that his association is located at Boynton Lakes Boulevard and Congress Avenue where Congress Avenue is being widened and construction is ongoing. The main exit from the neighborhood is from Boynton Lakes Boulevard onto Congress Avenue and water is always at the entrance. For the past six months you could not drive through the entrance without going through water. There are holes in the middle of the street. A short while back there was a hole as large 3½’ in diameter and 1½’ deep and it was full of water. Mr. Wolfe wanted to know when something would be done about removing the water because there is no place for the water to go. Mr. Wolfe said he had spoken with the County and City Hall. The person he spoke with at City Hall had informed him that this would be taken care of. He said this problem 5 MEETING MINUTES NEIGHBORHOOD SUMMIT BOYNTON BEACH, FLORIDA OCTOBER 4, 1999 existed previously, however, there were no curbs and a swale was cut on each side of the road so that the water could drain out. Now with the curbs, the water is not draining. Mr. Mark Law informed Mr. Wolfe that he has spoken also with the County and agreed that the curb has to be removed. Mr. Law said he has been verbally reassured that they will be solving the problem. Mr. Edwards asked for a status report on the City’s storm water/drainage plans. Mr. Law replied that the master plan update is in the final stages and should be submitted to the City Commission in the very near future. Mr. Law said that the last storm water management plan was prepared in 1992 and the City has made most of those improvements. It is now being updated. Mr. Edwards inquired if all neighborhoods were included in the master plan and Mr. Law said that everything within the City limits is being looked at. Mr. Ackermann reminded attendees that this is a huge problem and will require a great deal of money to cure. Neighborhood Partnership Program. The next topic discussed was theMr. Ackermann stated this program was very successful. This is a program where the City grants a neighborhood or homeowner’s association up to $5,000, which must be matched with labor and/or supplies to do some kind of project. The most successful project in his estimation was the Sterling Village Florida Yard Program. Sterling Village is the first condo association in Palm Beach County to be certified as a Florida Yard. The City helped with this certification by utilizing the Neighborhood Partnership Program. Mr. Ackermann announced that the Community Relations Board will be holding a st Community Forum on Thursday, October 21 to be held at Fire Station #3 on Congress Avenue and Miner Road. Ms. Beth Miller, the Vice-Chairperson of the Community Relations Board distributed flyers. Ms. Susan Buchanan thanked Hank Ackermann for assisting their neighborhood in receiving a grant to improve the front entrance of Inlet Cove and felt that their entrance should deserve an award because of the fine job that has been done. Ms. Buchanan said that Mr. Ackermann has been wonderful to work with and presented Mr. Ackermann with a Certificate of Appreciation from the residents. Mr. Ken DeRousse asked for the City’s web site address and said he is having difficulty ci.boynton- locating it on the Internet. Assistant Chief Immler gave the web site at beach.fl.us. bbpd.org. Also, there is a new web page for the police department at Assistant Chief Immler said that an application for the police department is also contained on the web site and the department is trying to recruit experienced police 6 MEETING MINUTES NEIGHBORHOOD SUMMIT BOYNTON BEACH, FLORIDA OCTOBER 4, 1999 officers from around the country. To date, approximately 100 applications have been received. Mr. Sunny Garcia asked if the City has made any type of salary adjustment to attract police officers to stay with the City. Assistant Chief Immler said that the City has agreements with all the unions, except for the lieutenants. Also he said that Boynton Beach has a very competitive starting salary. If an officer is experienced, the Department is prepared to offer them a little higher starting salary. A person in the audience inquired how to go about forming a neighborhood association. Mr. Ackermann said if a neighborhood wants to form a not-for-profit group, it has to be done on their own. Mr. DeCarlo also said that the City, not only for forums, but also to do projects, could set up a not-for-profit umbrella. Mr. Ackermann said that Mr. DeCarlo, who has a wealth of experience with neighborhood organizations and planning will be here to assist with the Neighborhood Summits. Mr. Blasie reported that the Library also has a web site, which can link to the City’s web site. That address is www.coala.org. After discussion, it was determined to have the next Neighborhood Summit Meeting in January 2000. There being no further business, the meeting properly adjourned at 8:25 p.m. Respectfully submitted, _________________________________ Barbara M. Madden Recording Secretary (two tapes) 7