Minutes 03-30-07
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS
ON FRIDAY, MARCH 30,2007 AT 9:00 A.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Abesnt:
Carl McKoy, Commissioner
CALL TO ORDER:
Mayor Taylor called the meeting to order at 9:01 a.m.
I.D.l. Additions, Deletions, Corrections
Mr. Bressner pointed out two items had been handed out and may need to be added to the
agenda after discussion.
Commissioner Weiland requested a discussion be added relating to former board members being
allowed to attend the board recognition dinner without cost. Mayor Taylor added the item under
XI. New Business. Mr. Bressner recalled it had been discussed in June of 2004 for cost
containment. The original discussion and the cost figure would be pulled and distributed.
Vice Mayor Rodriguez referred to a letter concerning Commissioner meetings with the Executive
Director of the CRA and expressed his desire for the meetings to continue with some
representative of the CRA. Mayor Taylor added the item under XI. New Business for discussion.
Lisa Bright, Executive Director of the CRA, added the goal was that the Chair or Vice Chair would
be available to the Commissioners. She would be available for the City Manager and Mayor, but
the Chair and Vice Chair would meet with the Commissioners.
V.A. Appointments
Mayor Taylor reviewed the materials provided and the procedure that would be followed.
VI.E. Authorize the use of $306.25 for non-profit registration fees for Boynton
Terrace, Ridgewood Hills, Boynton Hills, MLK, Jr., and Poinciana Heights
Homeowners Association from Commissioner McCray's Community Investment
Funds.
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 30, 2007
Mayor Taylor indicated he wanted to discuss Item VI.E. He understood the homeowner
registration fee paid to the State of $61.25 had been paid the last three years for the five
homeowner associations. He recalled the intent had been to assist these new homeowner
associations to get started since many of the homeowners were from low income households.
Mayor Taylor's concern was the elected officials of the associations should have been collecting
dues and if so the funds should be available to pay the required dues.
Commissioner McCray advised the associations do not collect dues and are struggling to survive.
He advised he had committed to continue the payment while he was in office. They were
legitimate associations with only two or three members each. The idea was to keep them viable
for District II.
VI.F. Authorize the use of $2,000 for Rae's Academy of Tae Kwon Do from Vice
Mayor Rodriguez's Community Investment Funds.
Commissioner McCray announced he would be pulling Item VI.F. for discussion.
VIII.A.
Project:
Agent:
Owner:
Location:
Ocean Breeze West (SPTE 07-002)
Bradley Miller, Miller Land Planning Consultants, Inc.
Larry Finkelstein, Affordable Housing, LLC
Southwest corner of Northwest 8th Avenue and Seacrest
Boulevard, located approximately one-third (l/3 mile north
of Boynton Beach Boulevard.
Description: Request for a one (l) year site plan time extension for Ocean
Breeze West (NWSP 05-030) approved on January 3, 2006,
from January 3, 2007 to January 3, 2008.
Vice Mayor Rodriguez surmised the purchase agreement had not been finalized. Mr. Bressner
advised no matter who owned the property the site plan was expiring and an extension should be
considered.
VIII.B.
Project: Seaview Park Club (SPTE 07-003)
Agent: Lorie Moccia, Lennar Homes
Owners: Lennar Homes, LLC
Location: l620 N. Federal Highway
Description: Request for second one (l) year site plan time extension for
Seaview Park Club (NWSP 04-0l4) approved on February l5,
2005, from February l5, 2007 to February l5, 2008.
Vice Mayor Rodriguez referred to both Public Hearing matters and inquired if the beautification
requirement would be added as a condition of approval. He noted other sites that had added
landscaping to the sites before development actually began. The vegetation would be replanted as
the site developed. Mr. Bressner explained the approach was to stabilize a construction site for the
purpose of beautification pending development.
Attorney Cherof advised it would need a Code change to be included with site plan extension
requirements. It could be added, at this point, as a condition of approval of the extension.
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 30, 2007
X.A. Water, Sewer and Stormwater Rate Study Report (Aprill7, 2007)
C. Capital Improvement Plan status report (Aprill7, 2007)
Mr. Bressner requested both items be moved to the May 1, 2007 meeting.
XI. NEW BUSINESS:
Commissioner McCray requested the Code of Conduct be reviewed particularly as it related to
addressing each other and the citizens.
Commissioner Weiland requested that an update on the Floridan Aquifer deep wells be added
under IX. City Manager's Report. Mr. Bressner announced he would not be present for the
meeting; however, the Utilities Department could do a short presentation on the conversion of
the deep wells.
XII.B.2.Proposed Ordinance No. 07-007 RE: Amending the Land
Development Regulations of the Code of Ordinances, to create a new Article X.,
Workforce Housing Program, providing for regulations and incentives to build
workforce housing to ensure that the City has sufficient workforce housing;
providing for the ability to amend a land use designation to Special High
Density Residential, Mixed-Use or Mixed-Use Core providing that workforce
housing units are created pursuant to the terms of this ordinance; providing a
savings clause and a general repealer clause.
Mr. Bressner indicated the ordinance had been modified to include that at site plan review the
ordinance would apply.
Mayor Taylor noted there were two other matters to possibly be included. Mr. Bressner advised
one was the reconsideration of a lobbying ordinance that could be presented for first reading and
after discussion, proceed to second reading with the agreed upon form. The maintenance of a
log would be an operational issue to be decided. Attorney Cherof requested the Commission
review the City Manager's comments so policy direction can be established for inclusion in the
final ordinance.
Mayor Taylor announced a resolution and ordinance on gangs would also be added. Attorney
Cherof explained the resolution covered the presence of street gang activity and the
Commission's stand against such activities, plus specific direction to the Police Department, City
Attorney's Office and City Manager to take action. The resolution would also reflect the
Commission's support of the adoption of an amendment to the State statute relating to additional
support to local government and Police Departments to combat criminal, street and gang activity.
The ordinance would be a strengthening of the anti-loitering provisions. The addition to the
Code would enhance the ability of the Police Department to deal with criminal street activity.
Matt Immler, Chief of Police, endorsed both the resolution and ordinance.
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 30, 2007
Mayor Taylor understood the resolution and ordinance would avoid Court challenges to arrests
that would be made. Chief Immler indicated both proposals include punishment for criminal
activity and not mere status. The intent would be to cover the entire City and not establish
exclusionary zones.
Attorney Cherof added the resolution prioritizes the program for the City of Boynton Beach.
Together the ordinance and resolution would allow criminal prosecution, as well as ordinance
violations. Chief Immler added a civil injunction could also be sought under existing State
statutes.
Commissioner McCray inquired if signs would be posted or some type of notification of the new
laws would be posted to educate the residents.
Attorney Cherof indicated there was language included that required action by property owners
or the Police Department, on behalf of the owners. The necessary administrative tools would be
utilized to assist the property owners.
Vice Mayor Rodriguez asked if there would be an impact on resources to support the new
regulations and Chief Immler replied neither manpower distribution nor resources would be
impacted. Mr. Bressner stressed the property owners do have the responsibility to post their
property. There is discretion with the police officers to provide a warning to disperse and
subsequent action, if needed.
Commissioner McCray requested the cost of providing signs and posting the changes be
determined.
XII.E.l.New procedure for Community Investment Funds.
Attorney Cherof suggested the procedure be simplified and the determination of a public purpose
to spend public dollars be placed strictly with the Commission members upon their request and
subsequent approval of the Commission.
XIV. ADJOURNMENT
There being no further matters to come before the Commission, Mayor Taylor properly adjourned
the meeting at 9:37 a.m.
(Continued on next page.)
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 30, 2007
ATTEST:
.P~
CITY OF BOYNTON BEACH
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