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Minutes 09-08-95MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN CONFERENCE ROOM "C", CITY HALL, WEST WING, BOYNTON BEACH, FLORIDA, ON FRIDAY, SEPTEMBER 8, 1995, AT 6:00 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Taylor called the meeting to order at 6:09 p.m. APPOINT STEERING COMMITTEE FOR VISIONING WORKSHOP (AMERICAN ASSEMBLY PROCESS) Robert Taylor, President of Bethesda Hospital, and Sara Severson of Florida Atlantic Univerity were present. Mayor Taylor informed everyone that we contacted Mr. Taylor to chair the Steering Committee for us to get this process going. He advised that Ms. Severson has worked on this with about 35 other communities. Therefore, she brings a vast amount of experience to us. He stated that the key to appointing the Steering Committee is that they not be political appointments. We want this to be a community-oriented program. Each of the Commissioners has brought three or four names to give to Ms. Severson and Mr. Taylor. We do not want any civic, business, religious, or homeowners group in the community to be excluded from this process. Ms. Severson and Mr. Taylor will take the names the Commission gives them and put them in the different groups that we want represented, and come back with their suggestions for the Steering Committee in order to get the kind of support we are looking for. Ms. Severson explained that it is up to the Commission to decide who is appointed to the Steering Committee. She will just make sure we have the right categories of people. She said this is a community-wide consensus building process and it is important to try to include as many groups as we can. She distributed a breakdown of some of the categories the Commission should be aware of when making appointments. She gave a brief overview of the responsibilities of the Steering Committee. They will help identify the major areas of topics to be discussed; select the 100 assembly participants; and review the background paper prepared by FAU on the issues. The City Commission and City staff will also review the background paper. Finally, if there is fund raising involved, a subcommittee is usually appointed to help MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 raise some additional funds for the assembly. She suggested appointing no more than 17 people to the Steering Committee; otherwise, it gets difficult to reach a consensus. The Steering Committee members will be meeting with her about eight times for about an hour and a half throughout a six month period. She advised that some of the communities she has worked with looked at the different categories and invited one-third community, civic, and religious organizations; one-third business (including small and large businesses, development, finance, bankers, Chambers of Commerce); and one-third nonprofits such as hospitals or a County Commissioner). She requested that the Commission make sure we have homeowner/neighborhood associations and key minority leaders in the community because we want to reach out to everybody. Ms. Severson suggested appointing a high school student to serve on the Steering Committee. She said the high school students have been wonderful, and have even participated in assemblies. Commissioner Jaskiewicz nominated Peter Kelly, Wilbur Lynch, and Betty Collins as an alternate to Peter Kelly. Mr. Kelly worked with the Engineering Department in the County for a while. He is currently President of the Leisureville Board of Directors at Palm Beach Leisureville, a community of 2,304 residences. Mr. Lynch is from Boynton Leisureville, which consists of approximately 800 residences. Commissioner Rosen nominated Stuart Adelkoff, Marshall Friedland, and Angela Girtman. Mr. Adelkoff served on the Board for quite a few years at Hunter's Run. His business background might be helpful because he was involved in his community on a similar basis. Mr. Friedland lives in Village Royale on the Green. He is President of the VRG Board of Directors and is also Presdient of his Temple. Mrs. Girtman is Chair of the Advisory Board on Children and Youth. Mayor Pro Tem Matson nominated Mel Sternbach, Gary Lehnertz, and Deborah Tornello. Mr. Sternbach is on the Board of Directors of Citrus Glen, and the only person named so far who lives at our western municipality boundaries. This is very important because he is living the impact of the City's sprawl. He is a retired sales and marketing director. Mr. Lehnertz is a computer specialist and a member of the Sierra Club. Ms. Tornello is a nurse and President of Mangrove Walk, one of our newly formed neighborhood groups. Ms. Tornello has also attended all of the downtown charrettes, since her home is on the edge of the downtown area. She is also a member of our Code Enforcement Board. Mayor Pro Tern Matson added that MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Mr. Lehnertz and Ms. Tornello are not retirees. They are young, and she felt it was important to include some younger people on the Steering Committee. Vice Mayor Bradley nominated Hank Ackermann, Jaime Titcomb, Tom Land, Lena Rahming, and A1 Miller. Rev. Ackermann is a local pastor and runs the Community Caring Center, which is a charitable community-based organization. Mr. Titcomb is on the Board of the Chamber of Commerce and has been involved in visioning processes in different communities, including Delray Beach. Mr. Land is in charge of training at Motorola. Ms. Rahming is a community activist and runs the Child Care Center in Boynton Beach. Mr. Miller is very active in COBWRA and at the County level as well. He is on the County Planning Commission. He felt the Steering Committee should be comprised of some people who are outside the City but have a stake in the City. Mayor Taylor nominated Fran Cleary, Maurice Rosenstock, and Marie Shepherd. Ms. Cleary lives in Sterling Village which is east of Federal Highway, close to downtown. He felt she would be a good representative of the retired community. She is a former college professor. Mr. Rosenstock is a retired judge and is on our Planning and Development Board. He is very knowledgeable in the Courts. He lives in Hunter's Run. Ms. Shepherd is with the Historical Preservation Board and is involved in the Woman's Club. Mayor Pro Tem Matson nominated Jose Aguila, a former commissioner who works for the City of Delray Beach and is an architect. He is also young. Mayor Taylor would like a high school student appointed to the Steering Committee. He asked the Commission to call Ms. Severson or Mr. Taylor with their sugggestions. Commissioner Rosen suggested Keturah Lee. She is a student member of the Advisory Board of Children and Youth. Mayor Pro Tem Matson pointed out that she also works for the City and is a minority. In response to Commissioner Jaskiewicz, Ms. Severson advised that the people involved in this process do not have to be a resident of the City, but they should have an active stake in Boynton Beach, whether they live here or work here. Mayor Taylor felt COBWRA should be involved in the visioning conference. However, because they belong to the Strategic Planning Committee, he did not want them selecting 20 people from the west. Ms. Severson pointed out that Mr. Miller would only be one person out of 15 and that Would never be allowed. MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Mayor Taylor gave Ms. Severson a list of about 50 people throughout Boynton Beach who are interested in partaking in the Assembly. Mr. Taylor advised that Bethesda Hospital is very excited about being part of the process. He stated that this is their way of giving a lot back to the community in which they strongly believe. Commissioner Rosen asked Mr. Taylor if anyone in the medical community might fit into this process. Mr. Taylor said he and Ms. Severson will fill out the matrix in terms of meeting the criteria. If he sees a need in that particular area, he will bring that to the attention of the City Commission. Commissioner Jaskiewicz suggested appointing someone from law enforcement. Ms. Severson stated that the Police Chief of Delray Beach served on the Steering Committee in Delray Beach because crime was a very big concern to the Steering Committee. Mayor Taylor advised that we would definitely want someone from law enforcement involved in this process. At this time, Mayor Taylor moved the Wrice Process Update up on the agenda because the representatives of the Police Department that were present will be participating in the march this evening. 3. WRICE PROCESS UPDATE Police Chief Thomas Dettman, Sgt. Frank Ramsey, and Officer Charles Graham were present. Chief Dettman stated that the Community Affairs Division of the Boynton Beach Police Department facilitates and coordinates the Wrice Process. Sgt. Ramsey reviewed the Overview of the Wrice Process, dated September 8, 1995, which was prepared by Lt. Chris Yannuzzi and distributed to the Commission this evening. Sgt. Ramsey advised that this process is designed to take the fear out of the residents who live within drug-infested neighborhoods, and have them confront the people who are keeping them in fear. The idea is to move these people who are keeping the residents in fear out of the neighborhood by standing up to them in unison and with the support of law enforcement officials and City government. Commissioner Jaskiewicz stated that Poole's Market has a lot of graffiti on it. She asked if they are required to paint over the graffiti within 30 days. Scott Blasie, the Code Enforcement 4 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Administrator, advised that they have been cited for the graffiti and given 30 days to paint over it; however, the 30 days have not yet expired. Commissioner Jaskiewicz felt we are becoming a tremendous nuisance to them and thinks they are starting to intimidate some of the marchers. Mayor Pro Tem Matson pointed out that a pastor is preaching from the pulpit, telling people not to march. She said Dr. Wrice warned us that this was going to happen. He said the drug money comes to the churches by way of grandmothers and aunts. Sgt. Ramsey advised that the Police Department has not had any of the marchers report any threats. Only Rev. Wayne Patrick claimed he received some threats. This is why he is no longer with the process. Mayor Taylor asked about the attendance at the Monday night meetings. Sgt. Ramsey said they average seven to ten people. Chief Dettman added that what we have seen over the last three marches and meetings is a significant decline in participation from the citizens of the target areas. Officer Graham reported that the people in the community are not afraid to face the drug dealers in fear of retaliation. The problem is that many of these people are benefiting from the drug money, and they are not going to march against the drug dealers because they depend on that money. This is the feedback that he received from the community. He explained that the people marched with us in big numbers initially because they were able to hide in the crowd and not be recognized. However, as the crowd gets smaller, they are afraid they will stand out and be easy to spot. Therefore, they do not participate anymore. Chief Dettman advised that Officer Graham has worked closely with a very influential person in the community and has asked this person to solicit people to participate. This person's response was, "Ask me to do anything but that." Chief Dettman felt it is time to call Dr. Wrice and ask him if he has experienced this in a community and if so, what the next step is. Sgt. Ramsey advised that Dr. Wrice's associate, Andy Garr, contacted us last week because he wanted one of our representatives to tell of our successes. He was told that at this point our successes may be a double edged sword because the 60 day initiative, coupled with the initiation of the Wrice Process, has put an economic squeeze on the community. Mr. Garr said we just have to get more people out there. However, Chief Dettman was not sure how to do that at this point. Sgt. Ramsey said there is also a perception in the community that it is a government action, not a community action. Some people are swaying the minds of some of the people who were originally motivated and interested in this process. They are making them think it is not something they really want, and that the City wants them to do it. 5 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Commissioner Rosen stated that loitering is on the agenda tonight as a possibility of adding another element to the program. He said if we can handle the loitering situation a little more effectively, maybe we could hit some areas on a continuing basis. He reported that he has seen cars parked alongside Heritage Park on the weekends and felt we could eliminate this without any problems. Chief Dettman advised that we posted one entire side of that street as no parking and that is enforced. Therefore, if there are cars parked, they are on the opposite side of the street and there is absolutely nothing we can do about that. He said we conferred with the City Attorney and State Attorney, and both agreed that as long as they are not impeding the normal flow of traffic or emergency vehicles, there is nothing we can do which could not be construed as harrassment. He advised that loitering is also a very sensitive issue. Commissioner Rosen said this week he read about Delray Beach's success and asked Mayor Taylor if he would contact Delray Beach. Mayor Taylor read the following from the article which Commissioner Rosen spoke of: "Commended eight police officers assigned to the West Atlantic Avenue Foot Patrol for their efforts in working with merchants to reduce loitering and drug dealing on the avenue." Mayor Taylor knows that our Police Department is having some good results with at least one of the markets. However, one of the other markets is being a little more obstinate. He asked Lt. McCullen of Delray Beach what they did about the loiterers and was told that they attacked the problem using the crime triangle. They disconnected telephones and worked with FPL to put some lighting in, and barricaded the alley. They targeted a store and in a 30 day period of time, that store lost $10,000 in beer sales. Mayor Taylor distributed materials that were sent to him by Lt. McCullen. He suggested doing this in Cherry Hill. He pointed out that if our Police Department is going to push these loiterers out of there, the City needs to back them up when they start getting harrassment complaints. Some of the things Vice Mayor Bradley heard tonight were quite unsettling to him. He said it sounds like people are willing to put up with the sale of drugs in this community. He felt that if we can recruit a large enough core neighborhood people, we can keep the Wrice Process moving and we will succeed. Mayor Pro Tem Matson said she received calls from a couple of core neighborhood activists and was told by one of them that he would help with anything but this because even though his family is not directly involved, he did not want to be there when his niece or nephew is arrested. He advised her that he has a niece who is an alcoholic and a nephew who is a drug dealer. In addition, he pointed out to her that this is a tight-knit community. Many of the people are related, and we are cutting off the families' financial support. MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Commissioner Jaskiewicz stated that it is obvious that we have had a negative effect on businesses. Otherwise, there would not be so much undermining of the process going on. Mayor Pro Tem Matson stated that we had such a large turnout to begin with, one which far surpassed most of the other marches in larger cities. Most cities wind up with a core of 20 or 30 people, which is what we have anyway. She said she stayed away from the last two marches because she received a call from a resident who said people feel like it is a Commission thing and people are afraid of government. Wilfred Hawkins, Assistant to the City Manager, said he talked to Andy Garr at 5:35 p.m. this afternoon and discussed these issues with him. He agreed with Officer Graham about this being a very small, close-knit community and everybody in the community being related to somebody else in the community. He said it is very uncomfortable for these people to see their relatives get arrested. Mr. Hawkins stated that this process has a psychological and economical effect on these people. We are creating an economic squeeze. Mr. Hawkins advised that the owner of E-Z Mart is cooperative; however, some of the other store owners are not and they will be dealt with through Code Enforcement and possibly in Court. Mr. Hawkins stated that people realize we are serious and we are making them mad. He pointed out that we may not get instant gratification, but we are making a lot of people mad. He said Mr. Garr told him that it does not matter if anybody from the community participates or not. One of the goals is to maintain consistency. Eventually, people are going to realize we are not going anywhere and are serious. The drug dealers and criminal element are hoping that we are going to give up and go away. Mr. Hawkins said Mr. Garr also mentioned that in some communities, the core leadership was going to be negative. Therefore, we should not be upset or surprised by that. Another goal is to look for the emergence of new grass roots leadership. We should be looking for those people who agree with what we are doing and who want to get involved and do something. It is going to take time to do that. This is a small town. People have been here for years. Everybody knows everybody in the community. Mr. Hawkins emphasized consistency, letting people know we are serious, and letting the community know that we are still here to help support them. He advised that some people in the community are supporting this process. In fact, one person did a radio commercial to try to get people to participate. He said some people are a little reluctant, but he felt consistency, maintaining our Code Enforcement effort, dealing with the uncooperative business owners, 7 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 and letting the people know that we are here to support them and are not going anywhere, will help. City Manager Parker pointed out that we have only been at this for 60 days, and we have made a big impact in those 60 days. She said you have to get the people who are turning on their porch lights comfortable enough to come out and march; however, that is going to take time. Vice Mayor Bradley suggested making more of an effort to stop during the march to talk with people. He felt this might have a little more of an influence on bringing them along. Micheline Many suggested that on a systematic, regular, rotating basis, each neighborhood association be responsible for getting the participants for the marches. This way, we will not all be recognizable every week because we will all be rotating. Mayor Taylor felt we have gotten it down to the core group now, and that the people who will be joining us now are going to come aboard to stay. He felt we just need to reaffirm our commitment and stay with it. Mr. Hawkins advised that Mr. Garr feels we probably need to look for ways to boost the spirits of the people who are forming the core group. In response to Commissioner Jaskiewicz, Mr. Hawkins advised that the Pompano Beach City Officials never attended any of the marches in Pompano Beach. Vice Mayor Bradley wondered if the Commission should take a less visible approach. Commissioner Rosen would like to participate in the marches occasionally. Commissioner Jaskiewicz suggested the members of the Commission take turns marching to show the people that they have our support. Chief Dettman appreciated Ms. Many's comments and will direct his Crime Prevention Unit to contact the neighborhood organizations and the Crime Watch groups. Mayor Taylor suggested applying additional pressure in the areas of loitering and littering. At this time, the representatives of the Police Department left the meeting. 8 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Wilbur Lynch said he would be happy to set up a meeting for one of the Commissioners to address the residents of Boynton Leisureville to get their support. 2. MICHAEL MORTON - UPDATE ON TRADEWINDS Mr. Morton introduced Richard Rackley. Mr. Morton said that since 1984, he has only developed about half of his acreage. He said you would think that with a prime piece of property like that in Boynton Beach, he would have been done by now. Mr. Morton gave a history of the events pertaining to his property. He spoke of the mediation that was held in 1991 to try to resolve issues of the 1989/1990 settlement agreement. He told of his problems dealing with different governmental bodies and a different Planner. He informed the board of several projects he has tried to bring into the City, including Acme Plastics, Gem Star, and Taco Bell. Mr. Morton said he wrote a letter to City Manager Parker asking for a copy of the tape of a City Commission meeting and the reasons for Commissioner Jaskiewicz voting against the Taco Bell project. City Manager Parker said that the City Attorney told Mr. Morton that Commissioner Jaskiewicz did not have to give him that response and we were not going to give him that response. She said she also told Mr. Morton that he could have a copy of the tape. Mr. Morton stated that he was here this evening to try and resolve some issues. He said he has been dealing with problems since 1984. He stated that an agreement was entered into in 1986 which kind of changed his entitlements under the current land use plans in 1984 and 1985. He said he still owns several properties and that the City does not receive a lot of taxes on raw land. He stated that the City is collecting taxes on Home Depot and he did not think Home Depot has ever been a detriment to the City. He did not want to go through the expense of submitting plans, paying architects, engineers, consultants, and attorneys, for projects which will be denied. He reviewed the following proposed uses for his property: Cracker Barrel is giving him a letter of intent to locate on the 4 acre parcel which he owns on the west side of S.W. 8th Street, directly behind the Racetrac Petroleum site. However, Cracker Barrel must have their signage along 1-95. 9 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Commissioner Rosen inquired about the location and structure of the sign. Mr. Morton advised that Cracker Barrel would prefer to have a 30' pylon sign with a sign on it. He has an arrangement where he could probably put the sign on the railroad property, to the north of Winchester' s property. A major hotel chain will come with Cracker Barrel. They cannot be put on the 4 acre piece of property, so Mr. Morton will to try to place them on the 14.5 acre commercial parcel which he owns south of Industrial Road and north of Home Depot. Mr. Morton said he has a letter of intent from someone who would like to put an 18 screen movie theatre, approximately 50,000 square feet, on his 14 acre commercial property. Someone else is also interested in putting a movie theatre here. Someone would also like to put an ice skating rink on this 14 acre commercial property. To finish off the 14 acres, there might be a restaurant on the site as well. Mr. Morton also hoped to get a restaurant on the site that Taco Bell wanted. Mr. Morton wants to look at logical uses for his property. If he is way out of line, he wants someone to tell him upfront before he spends money on trying to do these projects. Mr. Morton still has a 14 acre parcel of residential property left. He displayed a drawing of this location. This parcel is in a blue collar area and backs up to Lake Boynton Estates. He plans to put affordable housing on this property on 40' by 100' lots, which is allowable under the present PUD requirements. He will try to work with Bill Cavanaugh of our Fire Department to try to get side yards of 12 or 12.5 feet. He pointed to lots on the drawing and stated that they are 110 feet on both sides. In the original master plan, because they were all multi-family, there was a 25 foot buffer between Lake Boynton Estates and his property. There is a 25 foot buffer where the multi-family is; however, he cannot make these work with a 25 foot buffer. He felt there was no reason to have a 25 foot buffer if you are going single- family to single-family. The lots on the other side are 50 foot lots. Some of the people built on a lot and a half, and some built on 50 foot lots. Some of the lots back there are only 25 feet wide and there are still some vacant lots because of that. In response to Mayor Pr° Tem Matson, Mr. Morton said the price of the homes would be $100,000. 10 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 City Manager Parker pointed out that this is a 4,000 square foot lot and the Commission just denied 4,000 square foot lots on another project. Mr. Morton said the original plan for this property in 1984 was for 784 multi-family units. The City, in its 1986 Settlement Agreement, said he could build 450 multi-family and 70 single-family lots. However, when this was settled in 1990, single-family was not in vogue, so he opted to see if he could build a project similar to Tivoli Park which he built in Deerfield Beach. He said it is a very successful project in a City that is not dissimilar to Boynton Beach. Mr. Morton stated that the settlement agreements indicate that he has a window of time. This window of time could conceivably go back to 1986 or at the least 1989. In 1989, there was no prohibition for doing this. Also, he submitted the Gem Star debacle prior to this ordinance going into effect. This could be a resubmission of a 40 foot lot rather than 36. He does not have a multi-family site. He has an affordable single-family site. He has 92 units left in his PUD. Mayor Taylor advised Mr. Morton that this is a not a site planning meeting or a planning and zoning meeting. He said Mr. Morton has a right to develop his land and he was open to any development that is within the ordinances. He felt we have enough 4,000 foot lots in Boynton Beach and is of the opinion that we need to upgrade our housing stock and maybe diversify it into bigger and more expensive homes. Therefore, he probably would not be in favor of that particular project. He told Mr. Morton to come in with a project that fits and a project which he is authorized to do. He said the Commission will not turn down projects without grounds. He said the Commission had grounds to deny the Taco Bell project. There were problems with the way it was sitting in there and it went against all the things we had set up. Mayor Taylor said the projects that Mr. Morton proposed this evening sounded good, but he could not tell him tonight if these projects will be approved. Past history was immaterial to Mayor Taylor. He said he will deal with Mr. Morton fairly and does not want to stop him from developing his property. He wants to see the property developed so the City could start receiving taxes from it. However, he is also going to protect the City. Mr. Morton said he is willing to do whatever is currently in the new ordinances, but he believed that history has given him a window in time and he is exempt from the requirements that the City has put into place in the last year or so. Mayor Taylor advised him that the City will check this out and if it is true, we will honor that. Mr. Morton advised him that the attorneys could not arrive at a mutual interpretation in 1991 and the judge told them to work it out. He said he has been trying to work it out for five years. He stated that he would abide by any new ordinances dealing with public health and safety issues. 11 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Mr. Morton pointed out two other properties that he owns. One piece backs up to the railroad track and is part of his PUD. It was designated in some agreements to be 16 duplex lots along the railroad track. However, it is really affordable housing. He is departing from the duplexes and making them 50 by 150 foot lots. He also owns 2.5 acres on Boynton Beach Boulevard, adjacent to the funeral home. This property originally had more acres; however, he gave 3.5 acres to the City in addition to a park fee. He also gave a half acre to the Child Abuse Center; however, they decided they were not going to build there and gave him the half acre back. He said that in the future, he will be asking the City to change the land use on this property to C-3. He knows there is a short way and a long way to do land use changes, and he will be asking the City to do it the short way. Mr. Morton was interested in doing fully enclosed self-storage. He said this seems to be a use that may not fit, but it could be a special exception. He advised that it is not a mini warehouse. It is interior household self-storage in one building. It is a very passive type use. You do not get a lot of traffic and it is not open at night. It is basically set up as a building with cubicles inside. Mr. Morton stated that in the 1986 agreement, the City said the industrial access road and the new railroad crossing shall be located as recommended by Tradewinds' traffic consultants and reflected on the master plan. The railroad crossing at Ocean Drive shall be closed and Tradewinds shall withdraw its objection to Mrs. Winchester's Comprehensive Plan Amendment application for the road and the closing. However, to date, nothing has been done to effectuate that closing. Mr. Morton said he agreed, in the last settlement, that he would build a road to nowhere despite the fact that there are no agreements. He was in favor of building the road to the railroad crossing and closing down Ocean Avenue. He felt the problem is the Winchesters. He said the Winchesters have a DRI property on Boynton Beach Boulevard and Congress Avenue of 60 acres. They do not meet concurrency and have been fighting it for years. Their property has been rezoned to commercial. City Manager Parker advised that their property has not been rezoned to commercial. She stated that the Winchesters have a two million dollar concurrency bill in that 60 acres on Congress Avenue. The 60 acres is adjacent to Skylake across from the mall. Mr. Morton said he was talking about the 60 acres south of the mall that was rezoned from C-3 or PCD. He said that has concurrency problems and 60 acres requires a DRI. City Manager Parker advised that they replatted that and it is no longer 60 acres. In addition, they are phasing in the development to meet the concurrency schedule. Mr. Morton felt this was illegal. City Manager Parker advised him that they sold it and are not developing the entire site. City Manager Parker 12 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 reiterated that 60 adjacent acres are not being developed without a DRI. She pointed out that the State would not allow it, the County would not allow it, and we would not allow it. Mr. Morton commented that when he went through the approval process on his last three applications, he kept running into a hornet's nest of negativity on the part of the Planning Board. He suggested assigning one or two of the members of the Commission to negotiate and resolve all the problems encompassing his properties. He said he is asking for something which is not in the current vogue, but it was in vogue in 1986, 1988, 1989, 1991, and 1993. Commissioner Jaskiewicz felt Cracker Barrel would be an asset to the area. Mr. Racldey asked her how she felt about the other projects. Commissioner Jaskiewicz did not know how they could fit on that site. She asked if a motel fits the code for that area. City Manager Parker answered affirmatively. She was not opposed to putting a movie theatre there. Mr. Rackley stated that he and Mr. Morton are looking for some direction. Mayor Taylor said we are going to be fair as well as protect the interests of the City. Mr. Morton said he is going to tell Cracker Barrel that the City wants them and that somehow there will be an accommodation for a sign. Mayor Taylor advised Mr. Morton that the Commission cannot make a decision about the sign this evening. Mr. Rackley asked how the Commission feels about the movie theatre. Mayor Taylor advised him that if Mr. Morton is authorized to put it there, the Commission has to work within the rules. Commissioner Rosen said it would be easier if people would look at the codes and work things out before they start spending money. Mr. Morton said he would not allow anything to be built that does not meet the safety requirements that have been instituted in 1986. 3. WRICE PROCESS UPDATE This item was dispensed with earlier in the meeting. 13 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 At this time, Mayor Taylor announced that with regard to Clipper Cove, Boynton Beach was picked by the RTC. Mayor Taylor declared a recess at 8:19 p.m. The meeting resumed at 8:26 p.m. 4. APPEARANCE CODE Commissioner Jaskiewicz referred to the analysis of other communities' codes, which was prepared by Mike Rumpf of the Planning and Zoning Department. She said it shows that we have some deficiencies in certain areas. She referred to page 5 and suggested that the Commission go over each of those items and insert our standards. Mayor Taylor pointed out that staff had said that in some cases, this would require a new way of enforcement. He suggested that staff advise us what we can do right now, then we can decide if we want to add anything. Mayor Pro .Tem Matson felt an issue as big as this should be workshopped all by itself. In addition, she said she is not qualified to make decisions about such items as components, landscaping, grass heights, and limit weeds in landscaping. She felt this would be micro managing and pointed out that we have a Forester to write these codes. Commissioner Jaskiewicz felt it was interesting how many communities prohibit trucks in a residential area. Most communities allowed no more than 3/4 ton trucks. Every community, except for one, required them to be shielded from view. She felt we probably should follow suit. Attorney Cherof said this has worked very well in communities that grew either in conjunction with the passage of that type of regulation or grew after that. That regulation was in place in Coral Springs before the community grew, so people knew what the requirement was. Coral Springs also provided locations throughout the City for commercial vehicles to be parked in proximity to residential neighborhoods. He said we have to look at the community and see where there is space for that to happen before we tell people they cannot park commercial vehicles in residential areas. He stated that it has been hard to enforce this in the older communities where the houses have no carports or garages big enough to accommodate the commercial vehicle. In response to Mayor Pro Tem Matson, City Manager Parker pointed out that homeowner association documents would supersede this, unless this was more stringent. City Attorney 14 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 Cherof stated that sometimes you end up With two classes of citizens--citizens who are covered by homeowners' regulations and citizens who do not live in communities that have that. Commissioner Rosen stated that Golfview is governed by a condominium association, but it is more or less self-contained and is not visible from the outside. However, on 23rd Street, it is completely open to traffic. He felt that requires some consideration on the City's part to work with the condominium association to bring them in line. Mayor Pro Tem Matson pointed out that if you have an ordinance, you cannot selectively enforce it. City Attorney Cherof said he would not worry about selective enforcement. He felt that is a battle cry that is raised often and really has no merit. He pointed out that we only have so many code officers and police officers; therefore, it is always selective enforcement. He did not consider that to be a defense to implementing or prosecuting property maintenance standards. Commissioner Jaskiewicz wondered if variances could be applied for in very old neighborhoods if the neighbors do not object. Vice Mayor Bradley felt we should allow small, appropriate commercial vehicles to be parked, unshielded, in front of people's houses. He pointed out that there are many blue collar workers whose only vehicle is their work vehicle. Commissioner Jaskiewicz felt we should have roofing and exterior codes like the other communities. She felt this would enable us to do something about the areas that are deteriorating. A workshop will be set up to discuss this item in detail. Mayor Pro Tem Matson asked that it be held during the day since her nights are full because of the Christmas Pageant. 5. LITTERING/LOITERING City Attorney Cherof distributed a handout on littering. He stated that there are two ways the City could deal with littering; one is through a City Code provision and one is through a State Statute. There is a very explicit State Statute that deals with littering. It is called the Florida Litter Law and it has three levels of enforcement. One is treated as a noncriminal infraction, which is the equivalent of getting a parking ticket. The next level, if there is more *accumulation, is treated as a dismeanor. *misdemeanor 15 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 In response to Mayor Pro Tem Matson, City Attorney Cherof referred to his recommendation at the end of his handout, which was not to take littering to the Code Enforcement Board. He said it is too slow and too ineffective. City Attorney Cherof said we recently, and for the first time since he has been here, took a municipal ordinance to County Court for violation of the open container law. The maximum fine is $500 and a plea agreement was worked out before the judge heard the case. The agreement was for a fine of $100 plus court costs of $24. He went in front of the judge and told him we have a negotiated plea for $100 and court costs, and the judge felt $100 was too stringent and would not accept the negotiated plea. He finally accepted $50 plus court costs. City Attorney Cherof said we need to go before the the judge every day. He told the judge that we are trying to clean up a neighborhood and that the citizens of this area are interested in the outcome of this case. However, the judge told him that he has not seen City Attorney Cherof in his court in the last four years on anything. City Attorney Cherof felt we need to cite 50 of these cases and go in front of the judge every day of the week for a couple of weeks so he gets the message that we are serious about enforcing this. Mayor Pro Tem Matson pointed out that Dr. Wrice told us we need to know the names of these judges, write letters to them, and be there with a reporter when the City Attorney goes before the judge. City Attorney Cherof added that persistence accomplishes something in court. He said the same thing works for litter. He was of the opinion that we should be citing this under the State Code violation. City Manager Parker asked about overgrown lots. City Attorney Cherof advised that a slight modification needs to be done. We could shift lots of areas into the litter section in terms of prosecution. He could prosecute ordinance violations in County Court the same as he could prosecute a State violation. He stated that people who litter or use open containers do not care about the Code Enforcement Board. He felt we need to hit them in the pocket in County Court. Mr. Blasie asked if we could do this with vacant lots and if so, how long it would take. City Attorney Cherof advised that it takes three to four weeks from the date of citation to get into court. Mr. Blasie said the City cleans up vacant lots and does it a lot quicker than that. City Manager Parker pointed out that the costs just keep piling up this way. City Attorney Cherof 16 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 advised that if the property owners decide not to show up because they do not take it seriously, the Court can issue a capias, which is an arrest warrant. City Manager Parker pointed out that we will be arresting the owners of properties who may not be doing the littering. Mr. Hawkins added that we could be arresting an attorney who lives in Boca Raton and owns property on Martin Luther King Boulevard. City Attorney Cherof stated that we have the ability to deal with what is on the books right now. He said the City may consider it to be a public relations problem, but he did not know if the St. Juste property would be considered a public relations problem or not. He felt Code Enforcement received good public relations and advertising on this case. He said he received many telephone calls from lawyers of other municipalities asking him how he prosecuted this case. Commissioner Jaskiewicz asked if there is a way to put emphasis on inhabited property and commercial property. City Attorney Cherof answered affirmatively. City Attorney Cherof advised that he is in the process of preparing a series of complaints against some of the accruing liens. He is going to include five or six liens in one lawsuit. In response to Mayor Taylor, City Attorney Cherof advised that loitering is a tough issue. There is a fine line between loitering and public assembly. Fortunately, there is a State Statute on loitering, which has been challenged on a constitutional basis and has been upheld by Florida courts, saying that it is constitutional. He did not recommend attempting to deal with loitering under any type of City ordinance. He felt this would be inviting an ACLU lawsuit. Mayor Taylor stated that Delray Beach worked with the store owners and the people who shop there. He said the police kept the pressure on. City Attorney Cherof stated that the report from Delray Beach did not indicate what they cited. He felt we should cite the State Statute that deals with the loitering issue. He said the State Attorney handles this, and we would not have the liability of having to defend the constitutionality of it. If we cited loitering under an ordinance, he guaranteed we would be in court fighting constitutionality. Mayor Taylor advised that constant police presence in Delray Beach prevented loitering. 17 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 6. SOLICITATION PERMITS Mayor Taylor felt it was unreasonable to allow someone to solicit from 9:00 a.m. to 8:00 p.m, 365 days a year. He stated that when a person applies for a solicitation permit, he is supposed to provide the dates and hours of each solicition. He was sure they were not soliciting all this time. He pointed out that they must know when they are going to solicit and should provide the City with that information. He pointed out that two people could be soliciting in one area at the same time, and those organizations should be made aware of that. In addition, he wanted to know when solicitation is going to take place in an area. This way, if concerned residents call City Hall, the Police can determine who is out there. City Manager Parker advised that the code will have to be changed. Vice Mayor Bradley suggested limiting solicitation to 30 days. Mayor Pro Tem Matson asked what would happen with an organization like the American Cancer Society, that solicits three times a year. Mayor Taylor advised that according to the Code, they would not have to pay an additional fee. Mrs. Kruse advised that Section 17-39(c) states that there will be a nonrefundable fee of five dollars for amending an approved application. Commissioner Jaskiewicz would not like to see more than one person on a corner soliciting at the same time. Mayor Pro Tem Matson felt solicitation on street corners should be limited to a weekend. City Manager Parker said we could include a section just for street corners. Mayor Pro Tem Matson did not think we should be regulating the people who solicit in the shopping centers because this is private property and they have permission from the shopping centers. Mayor Taylor advised that the City only gives them a permit if they get permission from the store. After further discusssion, the Commission agreed that no one organization should be allowed to solicit for more than 30 days (with an option to renew) and that there shall not be an additional charge for amendments to permits. 7. CODE ENFORCEMENT LIEN PROCEDURES Mayor Taylor was concerned that we are being too lenient in the time periods we give people to comply with the Code. Mayor Pro Tem Matson agreed. 18 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 City Attorney Cherof stated that our Code Enforcement Board is like most other code enforcement boards. They are pretty liberal. They will give more time to complY if the property owner demonstrates willingness to comply. Vice Mayor Bradley felt this is the way we would want it. City Manager Parker stated that our goal is to get the property owner to comply. If the property owner is not cooperative, then the Board gives less time. Mr. Blasie advised that Florida Statutes state that when we cite somebody, we have to give them reasonable time to comply. The general guidelines are to give somebody ten days to cut their grass. He said he took some steps to try to expedite the process. He explained that we have to serve the violator with a notice. This involves certified mail. We have to wait for the return receipt to come back, and that takes a long time. Instead of sending the notices by certified mail, Mr. Blasie is having some of them hand delivered. Commissioner Jaskiewicz asked if we could put something on someone's tax bill in cooperation with the County so that every year when there are outstanding liens, they would have to pay it along with their tax bill. City Attorney Cherof said, "No." He advised that the Code Enforcement Statute is narrow to start with, and the courts construe it even more narrowly. They said if it is not in there by word, not to interpret it to mean something. Mayor Pro Tem Matson referred to the liens that are running and asked if we are doing a moratorium on them. She asked if we are going to be laughed at when we go to court on a lot mowing lien from 1979. City Attorney Cherof said, "No." He explained that it is not cost effective to go to court on a $60 lot mowing lien and spend $120 on a filing fee. City Manager Parker advised that the liens are recorded at the courthouse. City Attorney Cherof explained that many municipal liens get paid when the property transfers. Vice Mayor Bradley asked how the City collects if the property owners do not sell their property. City Attorney Cherof responded that the City has the power to foreclose on those liens. Commissioner Rosen suggested using a collection agency. Mayor Pro Tem Matson felt we should take them right to court. City Attorney Cherof pointed out that on a $1,200 claim, we will spend $135 for a title search on the property to find out if there are other liens. Then we will spend $120 for a filing fee and $12 to serve the property owner. Therefore, before we even get started, we have invested a couple of hundred dollars in order to collect $1,200. Mayor Pro Tem Matson pointed out that the judge could award attorney's fees, interest, and 19 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 adminsitrative costs. City Attorney Cherof stated that another solution would be to package the liens up into groups and assign them for a fee. In other words, farm them out on a contingency fee basis to a lawyer or a collection company. Mayor Pro Tem Matson pointed out that we recently' budgeted for the City Attorney's Office to do this. City Attorney Cherof advised that the City did this starting October 1st, and he has prepared twelve cases. 8. BOARD OF ADJUSTMENT MEMBERSHIP City Attorney Cherof distributed a handout pertaining to the Board of Adjustment. It laid out some options regarding its membership to make this Board more efficient and quicker. He stated that the Board of Adjustment does basically three things. It hears appeals from the decisions of the Zoning Official. It hears special exceptions, and it hears variances. He felt the real dilemma has been in the development of the case law in Florida as it relates to when you can legally grant a variance. He advised that you can grant a variance when the failure to grant one would render the use of the property impossible. He said this is a tremendous hurdle for an applicant to overcome. He stated that one of the ways around this is to change the test for a variance by eliminating some of the elements that the courts recognize. The upside of this is, we will grant more variances and it will seem both more liberal and more fair to people who are seeking them. The down side is that for adjacent property owers, you will see extensions of houses, rooflines, colors, etc., coming up in areas where people did not expect to see them. Also, we will never be able to look for the court opinions for any guidance. The one benefit we have now is virtually every variance throughout the State is judged by the same standards and this is why the courts consistently rule the same with respect to them. The reason those standards are there is because they used to be statutory. They are no longer statutory. Boards of Adjustment were originally creations of a Statute that said cities shall appoint a Board of Adjustment. When home rule came in, the State Legislature basically said it is up to the cities to regulate zoning in their own areas. City Attorney Cherof felt this was a dangerous option. He feared the Board of Adjustment will grant too many variances and disrupt the tranquility and uniformity of neighborhoods that were built to look similar. In addition, we will not have any legal guidance on which to judge the case by case variance that comes before the Board. City Attorney Cherof suggested reducing the membership, not increasing it. He also suggested a simple majority of the quorum that is present. Another alternative would be to create a special master position. Cities have done this in conjunction with code boards. This entails picking four or five individuals to sit as special masters. If somebody wants a variance, they make their case to one individual. The upside of this is that you can process many cases 20 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 in a very expedient fashion because the person who hears the case could be available during the day. Mayor Pro Tem Matson asked if this would be a paid special master. City Attorney Cherof said, "No." He felt we could Probably find lots of volunteers to do it. In response to Commissioner Rosen, he said it would still be quasi-judicial. There will be a record kept of the proceeding, and there should be a right of appeal from that special master, probably to the City Commission. City Attorney Cherof advised that the down side of this is that if you have four or five individuals, you are going to have some variance in the granting of variances, based upon individual mood and attitude. In response to Commissioner Rosen, City Attorney Cherof suggested that if we are going to have a special master proceeding, and a smaller board, there should be some right of appeal to the City Commission before the person is required to go on to the courthouse. The last place we want to be, and the last place we want our citizens to be, is at the courthouse. It is a waste of time and money. City Attorney Cherof was not sure that it is not working properly now; however, he felt the standards were too stringent. He stated that the reason they are stringent is because it impacts other people's rights at the same time. James Miriam, Vice Chair of the Board of Adjustment, distributed a survey he did of other cities' Boards of Adjustment. The majority of the cities have five board members with two alternates. He was in favor of reducing the Board to five members. He was also in favor of a simply majority vote. Vice Mayor Bradley would like to see the Board reduced in size, and if a variance is denied, he would like to see the final authority go to the Commission. If we go to a simple majority, City Attorney Cherof felt the current criteria would help protect the adjacent property owners. 21 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1995 The Commission agreed to use the same criteria, reduce the membership to five, go to a simple majority, and have the right of appeal to the City Commission. A new ordinance will be prepared and the membership will be reappointed. BUS SHELTERS City Manager Parker showed the Commission designs of the bus shelters. Mayor Taylor asked who controls the advertising. City Manager Parker advised that the company putting up the bus shelters controls the advertising. However, the ordinance prohibits advertising of alcoholic beverages. In addition, the City has the right to request removal of advertising. OTHER Mayor Pro Tem Matson said her community is holding their annual meeting on the same evening the City Commission/Chamber meeting is scheduled. She stated that historically, her community has had a difficult time reaching a quorum. Therefore, she may be a little late for the City Commission/Chamber of Commerce meeting on Monday evening. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 9:45 p.m. THE CITY OF BOYNTON BEACH ATTEST: City~/Clerk ~ Recording Secretary (Five Tapes) Mayor ~-c; Tem - · ~g(mmis sidn~r/ 22