Minutes 06-16-09
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
AT 6:30 P.M. ON TUESDAY, JUNE 16, 2009
Present:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
Ronald Weiland, Commissioner
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Manager
Janet M. Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Sam Zebron of St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Commissioner Rodriguez
The meeting was called to order at 6:30 p.m. Father Sam Zebron offered the invocation and
Commissioner Rodriguez led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner Weiland moved to approve the agenda. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross reported she had received telephone calls from residents regarding damage
to the Meadows undeveloped park site. Someone had entered the site during the day and, with
the use of equipment, knocked down trees and disturbed the wildlife habitat. The identity of
the responsible person or persons was not known. The Police Department and staff were
looking into the incident.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. July 4th, Salute to Independence celebration will be held at
Intracoastal Park starting with a concert featuring the Synthesis Band at
6:30 p.m. including a Patriotic Salute scheduled for 7:30 p.m. At 9:00
p.m. the world famous "Fireworks by Grucci" will light up the sky. The
event is free with food and beverage vendors on-site and park and ride
shuttle service from Bank of America until 10 p.m.
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Kathy Biscuiti, Special Events Director, announced the July 4th celebration. While some
seating would be provided, she suggested attendees bring folding chairs and blankets. No pets
or personal fireworks would be permitted.
As of last week, the Coast Guard had cancelled all of the permits issued to cities displaying
fireworks on the water. Staff had been working with Grucci, and Ms. Biscuiti was able to have
the permits reinstated. The contract with Grucci had been renegotiated for the current year at
the original rate of $38,000.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentations:
None
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
Lillian Gottfried, 1102 Renaissance Way, commented she had been assaulted at a Homeowners'
Association meeting and reported the incident to the Police Department. She contended nothing
had been done, and she believed this conflicted with the Department's mission.
Lawrence Gottfried, 1102 Renaissance Way, advised he had received a copy of the Police
Department's Rules and Regulations. He contended he was also assaulted at a Homeowners'
Association meeting and had been interrogated by police. He had requested a me~ting with
Commissioner Ross and the police lieutenant and would ask that charges be brought against a
number of police officers.
Mayor Taylor noted Mr. Gottfried had appeared before the Commission on three or four occasions,
citing allegations against the Police Department. The allegations and assaults had been reviewed
and could not be verified, but were forwarded to the State Attorney's Office as demanded by Mr.
Gottfried. While Mr. Gottfried had leveled serious allegations against the City's Police Chief and
police officers, Mayor Taylor noted he stood firmly behind the entire Police Department. He
suggested Mr. Gottfried seek legal counsel and level charges, if he felt he had grounds to do so,
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and Mayor Taylor would do so as well. Mayor Taylor recommended Commissioner Ross not meet
with Mr. Gottfried.
Jim Knight, 740 Havana Drive, Boca Raton, noted he was a member of the steering committee
for the CRA. The committee had taken an informative tour of the downtown via the trolley. He
commended the Commission for doing a wonderful job, and he hoped development would move
forward in the City.
Barbara Ready, 329 SW 1ih Avenue, recently attended three workshops from the State
Conference for the Florida Trust for Historic Preservation. Two of the workshops pertained to
LEED (Leadership in Energy and Environmental Design) methods and the third to financial
incentives available. Cities that had adopted a Historic Preservation Ordinance and were
Certified Local Governments (CLG) could access grants and tax credits. Delray Beach and West
Palm Beach were Certified Local Governments, and she believed Boynton Beach should be
certified as well. She requested the "knockdown funds" of $625,000 be used to stabilize the
roof of the Old High School and to seed the upcoming 501(c)(3) Foundation. She provided
sample ordinances from the County and the State Historic Preservation Office.
Commissioner Rodriguez believed the City should have its own ordinance to preserve some of the
City's historic buildings and requested staff look into this. He felt it was unfortunate the City did
not have an ordinance that would have preserved the Old Train Station. Commissioner Ross fully
supported all of the points addressed by Ms. Ready and believed a historic preservation ordinance
should be established as soon as possible. Vice Mayor Hay expressed his support as well and
believed the City should save the Old High School and other historic buildings, if feasible. Mayor
Taylor noted the Board's consensus.
Lee Wische, 1302 SW 18th Street, noted he had been well acquainted with Chief Immler and
Sergeant Sheridan for some time and knew them to be honorable people. Mr. Gottfried had been
troubled since the time he moved into Renaissance Commons. He had been removed as
Chairman of the Board and replaced by Sergeant Sheridan. While Mr. Gottfried had leveled
charges against the Boynton Beach Police on two occasions, the charges had been dismissed. Mr.
Wische believed Mr. Gottfried was in need of help.
Andria Heaven, 8149 Mystic Harbor Circle, appeared on behalf of the Boynton Hoops, ages 10
and under category. The team had placed second in the State Tournament in Lakeland, Florida.
She thanked the Commission for its support. The team ranked first place in the State of Florida
and second in the nation and would be attending the Nationals in Fort Wayne, Indiana July 5-8,
2009. The Coach and team players were recognized.
Kathleen Carroll, 22 Crossings Circle, commented on the water rate increase and its adverse
affect on working citizens. Attempts were being made for units in the community to be sub-
metered, placing the responsibility for water usage on the individual unit owner. The increase
would cause many citizens of the City to live without water. In lieu of the rate increase, she
inquired whether revenue could be generated from other sources. Her community's water bill had
increased from $13,500 per month to $18,000, requiring a special assessment to cover the water
bill until the end of the year. An additional assessment would be required for the cost to sub-
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meter as well, unless the City was able to provide assistance. The assessments could force
residents into foreclosure. If it were necessary to raise the maintenance costs, residents could be
charged more than $300 per month in a low-income housing community.
Kurt Bressner, City Manager, noted City staff had looked at the layout of the building and was
working with the plumbing contractor for the Crossings. He agreed sub-metering would be the
best way to assign accountability for the water usage. The buildings were originally constructed
with a single meter for each building. City staff was working with the community to resolve the
issue and as such, water service would not be discontinued.
John McGovern, 2620 Spiceberry Lane, provided a study funded by the Bill and Melinda Gates
Foundation, which highlighted the condition of the nation's schools. In 1995-1996, fewer than
60% of students had graduated from high school. In 2005-2006, a significant improvement had
been observed in the southern states, with the exception of Florida and Georgia. A 10-year
review of the schools in the State of Florida revealed a decline in graduation rates. The website
for the School District of Palm Beach County indicated 72% of students had graduated from high
school. Mr. McGovern believed the statistics were more likely between 60% and 72%. The study
was provided to the Commission for information and reflection. Mr. McGovern believed public
leaders should advocate for improved education.
No one else coming forward, Mayor Taylor closed the public hearing.
v. ADMINISTRATIVE:
A. Accept the resignation of Martin Helo, an alternate member of the Library Board.
Motion
Commissioner Ross moved to accept the resignation. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
B. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (3)
II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09
I Weiland Cemetery Board Reg 3 yr term to 12/09 Tabled (3)
II Hay Cemetery Board Alt 1 yr term to 12/09 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (2)
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09
III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/09
IV Ross Education & Youth Advisory Board Stu N/V 1 yr term to 12/09
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III
Rodriguez
Recreation & Parks Adv. Bd.
Reg
3 yr term to 12/11
Motion
Commissioner Rodriguez appointed Betsy Walshein-Radin as a regular member of the Recreation &
Parks Advisory Board. Commissioner Ross seconded the motion. The motion passed unanimously.
III
Rodriguez
Senior Advisory Bd
Alt
1 yr term to 12/09
Motion
Commissioner Ross moved to table the remaining appointments. Vice Mayor Hay seconded the
motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - June 2, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve the purchase of additional computer storage drives for the City's
existing Storage Area Networks (SAN) located at City Hall and Utilities
from Dell, Inc. for $37,649.02.
2. Award a contract to Glatting Jackson for the design of the
MeadowsfNautica Park in the amount of $60,000. (Proposed
Resolution No. R09-086)
Commissioner Weiland pulled Item VI.B.2. for discussion
C. Resolutions
1. Proposed Resolution No. R09-087 RE: Approving and
authorizing execution of a Lease Agreement with Team Reel Estate, Inc.
d/b/a Florida Fishing Academy for use of the Bait Shop at Boat Club Park
to be operated as a bait shop for a period of three years for a total of
$15,375 of in-kind value to the City annually.
Commissioner Weiland pulled Item VI.c.1. for discussion.
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2. Proposed Resolution No. R09-088 RE: Approving and
authorizing execution of a lease agreement for a proposed
telecommunications tower at the City's West Water Utility Plant located
at 5469 Boynton Beach Boulevard for an initial term of 5 years and
renewal of 5 additional 5-year terms for a total of 30 years with a
monthly rent of $2,000 adjusted (103%) annually and an additional $500
rent for each subtenant that co-locates on the tower.
D. Accept the written report to Commission of purchases over $10,000 for the
month of May 2009.
E. Approve the return of the balance of a performance bond (in the amount of
$352,000) for the Gateway Boulevard widening to a six lane divided roadway,
from Renaissance Boulevard eastward to High Ridge Road.
F. Authorize the use of $1,000 of Community Investment Funds from Vice Mayor
Hay for the Museum of Lifestyle & Fashion History.
Mayor Taylor pulled Item VI.F. for discussion.
G. Authorize the use of $750 of Community Investment Funds from Commissioner
Ross for the Museum of Lifestyle & Fashion History.
Mayor Taylor and Commissioner Ross pulled Item VI.G. for discussion.
H. Authorize the use of $500 of Community Investment Funds from Commissioner
Ross for the Poinciana Elementary Magnet School to provide special programs for
students.
Motion
Commissioner Weiland moved to approve the Consent Agenda Items with the exception of those
pulled for discussion. Vice Mayor Hay seconded the motion. The motion passed unanimously.
VI.B.2.
Award a contract to Glatting Jackson for the design of the MeadowsjNautica Park in
the amount of $60,000. (Proposed Resolution No. R09-086)
Commissioner Weiland noted while he had supported the development of the park, in light of
budget concerns and the possibility of a tax increase, borrowing from the reserves or cutting
services, he could not support moving forward with the design and construction of another park at
this time. The item could be revisited in more favorable economic times.
Vice Mayor Hay could not support moving forward with the contract at this time. He had received
mail and telephone calls from a large majority of citizens who did not want the park. He noted
there were already three parks in the area. Perhaps the item could be considered at a later date.
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Commissioner Ross believed it would be premature to consider moving forward with the contract.
She felt discussions would provide further clarity. One group at the Meadows favored the park
while another had expressed opposition. In the face of the economic crisis and possible major
budget cuts, the Commission would be accountable for spending $300,000 on a "nice-to-have,"
passive park.
Commissioner Rodriguez requested clarity, as it was his understanding grants had been provided
for the park. If that were the case, he inquired as to the impact of losing the grant monies.
Wally Majors, Recreation and Parks Director, advised the City was eligible to receive
approximately $500,000 in grants for the Congress Avenue Barrier-Free Park. The project was
proposed to be funded through park impact fees collected from developers. If the Commission did
not wish to move forward, the $60,000 could only be used for the parks.
Commissioner Rodriguez inquired whether staff would come back to the Commission with a
recommendation as to the manner in which the resources would be utilized. Mr. Bressner
responded staff had already recommended allocations to the beach project which had been fully
funded from the Recreation and Parks fund. The funds would be available for other projects that
could be reallocated or held.
Commissioner Weiland noted if the park were constructed, the General Fund would be impacted in
the future as funds would be required to maintain the park. Mr. Bressner interjected the project
could be repositioned in 2010 or 2011 for consideration at that time.
Motion
Commissioner Weiland moved to deny Item VI.B.2. Vice Mayor Hay seconded the motion.
Don Scantlan, 13 Cedar Circle, noted he resided in the Meadows. He did not feel Vice Mayor
Hay could have heard from a majority of the neighborhood, as the community consisted of
approximately 1,300 units. The Homeowners' Association would be sending a letter to all
members, requesting their opinions which would then be provided to the Commission. The
construction of the park would not affect water rates and would only affect property taxes
marginally for maintenance expenses. The use of LEED (Leadership in Energy and Environmental
Design) technology in the construction of the park would minimize the maintenance and ecological
impact. If the design and construction were to be delayed two or three years, the costs could
escalate. Those in favor of the park were requesting a passive park similar to Boynton Lakes that
would be beneficial to the community.
Barbara Mielke, 1701 Meadows Circle West, was not aware prior to this meeting, of any
notification asking for the community's opinions relative to the park. She expressed her
opposition to the park. With the recent water rate hike and budget cuts, she could not
understand why money would be spent for the park. Maintenance costs would impact the General
Fund. She and many of her neighbors endeavored to keep the park clean. Commenting on the
damage to the site, .she expressed displeasure in having to contribute to the cleanup costs.
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Mr. Bressner replied it would be necessary for staff to clean up the area because materials were
dumped and public property had been maliciously damaged. Unfortunately, the taxpayers would
have to help pay for the cleanup.
Terry Lonergan, 45 Rutland Lane, President of the 300 HOA Meadows, noted the park had been
an ongoing issue. The letter from the Association would accompany the maintenance statements
at the end of July. The letter would be factual and unbiased, and would provide an opportunity
for the residents to make an informed decision as to whether or not they desired the park. The
residents had been promised the park for a number of years. The vacant site was currently
littered with debris and rotten vegetation, and was plagued by rodents. The money allocated for
the park could not be used to decrease water or tax bills and could only be used for parks and
recreation. The residents favoring the park were asking for something better than the existing
site.
In light of the letter going out to the residents, Commissioner Rodriguez suggested the matter be
tabled until feedback had been received by the Commission.
Substitute Motion
Commissioner Rodriguez moved to table the matter until the feedback had been received on the
informational letter being sent out by the Association. The motion died for lack of a second.
The motion to deny passed unanimously.
VI. c.1.
Proposed Resolution No. R09-087 RE: Approving and
authorizing execution of a Lease Agreement with Team Reel Estate, Inc. d/b/a
Florida Fishing Academy for use of the Bait Shop at Boat Club Park to be
operated as a bait shop for a period of three years for a total of $15,375 of in-
kind value to the City annually.
While Commissioner Weiland believed the Florida Fishing Academy was a worthwhile orqanization,
he did not favor offering in-kind services to a non-profit organization that would benefit financially
from the use of the building. The Academy would pay $1 per year for three years. Nothing had
been included with the meeting materials as to the Board formed to run the organization or the
amount of money the members received for their positions.
Vice Mayor Hay knew of three similar businesses within close proximity which could be negatively
impacted by the Florida Fishing Academy. Some of the bait and tackle businesses were on the
borderline of remaining in business. He concurred with Commissioner Weiland and could not
support this item.
Commissioner Rodriguez interjected the Florida Fishing Academy was a commendable organization
and had supported the Youth Violence Prevention Program. If the Commission had an interest in
leasing the building for revenue, he felt a Request for Proposals (RFP) should be solicited. This
would provide an opportunity for other businesses to compete. Commissioner Weiland concurred.
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Mayor Taylor supported the proposal as he believed it would be beneficial to the City and to the
youngsters participating in the Youth Violence Prevention Program. Captain Brochu would provide
more than $15,000 in in-kind services while instilling values in the City's youth.
Commissioner Ross asked to hear from the other bait and tackle business owners present.
Jack Gayegian, 30-year owner of the Boynton Fisherman Supply, had always paid fire inspection
and license fees required by the City, as well as electricity and City and County taxes. He
contended none of these fees would be paid by the proposed business and the owner would be
able to compete with lower prices. He felt the City was subsidizing a profit-making organization
and was against the proposal.
Gary Miller, Manager of Florida Native Bait and Tackle, commented Florida Native Bait and
Tackle had been operating for nine years, primarily servicing the fishermen using the Boynton
Beach Boat Ramp. While he was a strong advocate for youth, he expressed concern in that the
proposed shop would be located in close proximity to Florida Native Bait and Tackle as well as four
other existing shops. While he believed in competition, he contended the proposed shop had an
unfair advantage as the owner would not have the overhead expenses had by the other shops.
Any decrease in sales could force the Florida Native Bait and Tackle shop to close.
Randy Blair, 646 Oak Street, commented previous attempts to locate a bait shop at the entrance
to the Boat Club Park building had failed as a result traffic problems, noise pollution, and odors
emanating from dumpsters. He believed the proposed shop could adversely affect the existing
businesses. He resided just south of the site, and felt the request should be denied.
Zara Sette, President of Florida Fishing Academy, addressed Commissioner Weiland's concerns
and advised the six-member Board for the not-for-profit Florida Fishing Academy Board served in
voluntary positions and received no compensation. Any monies derived were put back into the
program for the benefit of the children.
Vickie Verzi, 4622 Jill Place, Lake Worth, remarked her son attended Poinciana Elementary
School and became associated with Captain Richard Brochu through the School's aftercare
program. The Captain taught her son a love of fishing and how to make his own poles. The
proposed bait shop would provide a learning environment for the children, keeping them off the
streets and away from gangs.
Donnie Metcalf, a student at Poinciana Elementary School, had attended the fishing club led by
Captain Brochu. The Captain taught the students how to fish and provided fishing poles. The
shop would provide a haven for youngsters and would keep them away from drugs.
Richard Brochu, Florida Fishing Academy, provided Form 990EZ showing the organization
brought in a total income in 2008 of $16,511. The form also reflected Captain Brochu had
donated 40 hours per week without compensation. Captain Robert Cawood, Instructor, was the
only person receiving any compensation, and his salary in 2008 was $7,500. Captain Brochu
invested nearly $7,000 last year in the Academy. The monies allocated from the Youth Violence
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June 16, 2009
Prevention Program had been depleted in March. Since that time, Captain Brochu had used
monies from earned income provided by the YMCA and Title I schools to help fund the Youth
Violence Prevention Program for the remainder of the year. In the last three months, the
Academy had contributed more than $1,295 to the City based on the donation of Captain Brochu's
time. The children were attending summer camp one to two hours per week for a 10 to 12 week
period and were taught values and the importance of self esteem. He provided the Board with a
floor plan of the proposed shop which, after being subdivided, consisted of 400 square feet. In
addition to the base rent, he would be providing 300 hours of community service in programming
for the children. The revenue generated from any items sold would be used to take the children
fishing.
Mr. Majors explained the lessee would be required to pay for water while the City would be
responsible for all ather services including sewer, electricity, telephone, security, solid waste
disposal, recycling and alarm services.
Commissioner Rodriguez's concern was there had not been a competitive process to allow the use
of the facility and this created an unfair advantage. Additionally, Captain Brochu had already been
conducting some of activities proposed and had been receiving compensation through the Youth
Violence Prevention Program for those activities.
Captain Robert Cawood, Instructor for the Florida Fishing Academy, felt the proposed facility
would be beneficial to the City and would provide a safe haven for youngsters who would learn
how to fish and have a good life.
Jim St. Pierre, 700 SW 8th Place, noted he was a part-time City employee and had worked at the
boat ramp for three years. The program for children was wonderful, but the boat ramp was very
busy on weekends and holidays, .and was not safe for children. He had observed the boat ramp
backed up to the building on a number of occasions. Four City workers were employed at the
boat ramp earning $25,000 per year combined. The facility earned in excess of $25,000 per year
with the sale of decals and other items.
Nicole Brochu, wife of Captain Brochu and Secretary of the Board of the Florida Fishing
Academy, reiterated the Board served without compensation. The proposed bait shop would
generate the revenue necessary to expand the program while making good use of a vacant
building. The program was key to reducing youth violence.
Leroy Zulker, 146 Ocean Court, also worked at the boat ramp and fully supported the program.
However, boat and trailer traffic was heavy on the weekends and parking was limited.
While the Commissioners believed the program was good, they had concerns relating to safety
issues, proximity of the proposed shop to existing businesses and the lack of a competitive
process.
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Boynton Beach, Florida
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Motion
Commissioner Rodriguez moved to deny Item VI.c.1. Vice Mayor Hay seconded the motion that
passed unanimously.
VI.F. Authorize the use of $1,000 of Community Investment Funds from Vice Mayor
Hay for the Museum of Lifestyle & Fashion History.
VI.G. Authorize the use of $750 of Community Investment Funds from Commissioner
Ross for the Museum of Lifestyle & Fashion History.
Lori Durante, Museum of Lifestyle & Fashion History, advised the Boynton Beach Mall was
donating 8,000 square feet of space for the Museum to use for three years. The mall location
would allow the Museum to produce exhibitions, offer educational and children's programs year-
round and would be of economic benefit to Boynton Beach. Response from the community had
been positive. Museum officials were in the process of raising funds for minor renovations to the
facility in preparation for the exhibits and programs, and the City's support was requested.
Mayor Taylor noted a newspaper article had indicated a member of the organization had
absconded with a substantial amount of money donated to the organization and he suggested
Vice Mayor Hay and Commissioner Ross might wish to table this item until they had an
opportunity to look into the matter. Commissioner Ross indicated she did want to look into the
matter. Commission.er Weiland indicated he had read an article regarding this issue some months
ago but had heard nothing since that time. Vice Mayor Hay noted he still wished to authorize the
use of his funds for the Museum contingent upon the outcome of the findings.
Mayor Taylor noted if the item was tabled, it would be brought back to the Commission at the
next meeting, and a decision could be reached based on the facts. Attorney Cherof noted the
expenditures were discretionary and he suggested all the information be secured before the
discretion was exercised. As such, he recommended the matter be tabled. He noted he would
work with the Police Department to gather the information.
Motion
Vice Mayor Hay moved to table Items VI.F. and VI.G. Commissioner Ross seconded the motion.
The motion passed unanimously.
VI.H. Authorize the use of $500 of Community Investment Funds from Commissioner
Ross for the Poinciana Elementary Magnet School to provide special programs for
students.
In considering the comments offered by Mr. McGovern, and as Poinciana Elementary Magnet
was one of the County's finest schools, Vice Mayor Hay agreed to donate $500 from his
Community Investment Funds for the programs.
Commissioner Ross noted the funds should be allocated to either the "Odyssey of the Mind" or
"Lego Robotics" programs at Poinciana.
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Motion
Vice Mayor Hay moved to approve Item VI.H. with the modification. Commissioner Ross seconded
the motion. The motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered the oath to all who would be testifying. He pointed out his firm
had previously indiCated a conflict on Items B, C and D addressed at the Planning and
Development Board meeting of May 26, 2009, and an attorney from another firm had been
present to ansv"er legal questions. The firm represented a charter school program that would
potentially lease from the applicant if the item is approved. As such, if there were any legal
questions during discussion of the item, Attorney Cherof suggested that at that point, the item
be tabled to the next meeting and the attorney who had attended the Plannil1g and
Development Board meeting would be present to respond to legal questions.
A.
Project:
Agent:
Owner:
Location:
Description:
Seacrest Garden Office Building (MSPM 09-004)
Jose Aguila of Curry Sowards Aguila Architects
M. F. Sea crest, LLC
2860 Seacrest Blvd.
Request for approval for the construction of a 14,206 square foot
addition to an existing 1,693 square foot building for a total of
15,899 square feet, on the site of an existing one-story dentist
office within the C-1 Office Professional zoning district.
Kathleen Zeitler, Planner, presented the request as set forth in the staff report. The
applicant was requesting a major site plan modification approval for the construction of an
addition to an existing dental office on South Sea crest Boulevard. The proposed two-story
building would consist of understory parking with two floors of offices above, and the existing
building would be slightly renovated to match. Staff recommended approval subject to the
conditions listed in Exhibit lie." The Planning and Development Board had also recommended
approval, subject to the conditions.
Jose Aguila, Curry Sowards Aguila Architects, noted he was in agreement with the conditions
of approval.
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Mayor Taylor opened the public hearing. No one coming forward, Mayor Taylor closed the
public hearing.
Motion
Mr. Weiland moved to approve Item VIlLA. Vice Mayor Hay seconded the motion that passed
unanimously.
B.
Project:
Agent:
Owner:
Location:
Descrl ption:
e.
Project:
Agent:
Owner:
Location:
Description:
D.
Project:
Agent:
Owner:
Location:
Descri ption:
Imagine Charter School at Boynton Beach (REZN 09-002)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of
Miner Road
Request to rezone from Planned Unit Development (PUD) to the
Single and Two-Family Dwelling (R-2) zoning district. (1st
Reading Proposed Ordinance No. 09-031)
Imagine Charter School at Boynton Beach (COUS 09-003)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of
Miner Road
Request for Conditional Use/New Site Plan approval to construct a
Charter School on a 4.22-acre parcel in a proposed R-2 zoning
district.
Imagine Charter School at Boynton Beach (HTEX 09-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
New Urban High Ridge, LLC
West side of High Ridge Road, approximately 0.25 miles north of
Miner Road
Request for a height exception of nine (9) feet to allow decorative
architectural features to exceed the maximum building height of
25 feet, for a total of 34 feet at its highest point.
Mayor Taylor suggested all three items be discussed simultaneously. There was no objection
from the Commission.
Bradley Miller, Miller Land Planning Consultants, Inc. had no objection.
Hanna Matras, Senior Planner, presented an overview of the rezoning request. It had been
the intent of the property owner to develop a residential project on the site. However, the
project was no longer economically feasible. The owner had previously requested a land use
amendment from the existing Medium Density Residential (MeDR) to Industrial (I) and rezoning
from Planned Unit Development (PUD) to Industrial (M-1). In March 2009, the property owner
notified staff that the northern portion of the property was under contract to be sold and
13
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
developed as a charter school. The requested zoning district R-2, single and two-family
dwelling, was consistent with the existing land use and allowed schools as a conditional use. As
a result, the pending land use application and rezoning had been adjusted, and the request
would only apply to the remaining portion of the property. Staff recommended approval of the
rezoning as the request was consistent with the relevant policies in the Comprehensive Plan
that allowed non-residential uses in residential land use districts if the use was a community
facility. The request was also consistent with the policies of the Comprehensive Plan which
encouraged the location of a public school close to residential areas. The proposed amendment
would be beneficial to the City, given the shortage of public schools in the area and
overcrowded classrooms, and would not create an additional impact on infrastructure. The
potential negative impact on the surrounding residential neighborhoods could be minimized
through adequate screening and buffering in the project design.
Ms. Zeitler presented an overview of the request for the conditional use application/new site
plan approval and a height exception for a charter school on 4.2 acres in a proposed R-2 zoning
district. The school would offer grades kindergarten through eighth grade (K-8) with an
anticipated enrollment of 900 to 1,000 students and would provide a transition from the
industrial uses to the south and the residential uses to the north and east. Staff evaluated the
application using the conditional use review criteria. The applicant had satisfied the criteria
which also included ingress and egress, traffic flow, vehicle stacking and pedestrian safety.
Staff had recommended conditions of approval to mitigate the impacts and minimize conflicts
such as staggering school hours, providing expediters through peak student drop-off and pickup
times and servicing dumpsters during non-school hours. Traffic concurrency had been
approved by Palm Beach County, which satisfied condition #1.
The applicant had requested a nine-foot height exception for a small portion of the school
building. The mass of the building would not exceed the R-2 district maximum height limitation
of 25 feet and would be compatible with the neighboring residential properties. Architectural
towers would be located on the front and rear building elevations, and the roof profile at the
front entrance of the building would be 34 feet from ground level to the highest point. Based
on the staff analysis and compliance with development regulations and conditional use
standards, staff recommended approval of the conditional use, provided all 24 recommended
conditions of approval had been satisfied. Staff also recommended approval of the height
exception and that one year be allowed to initiate the project. On May 26, 2009 the Planning
and Development Board recommended approval of the conditional use, subject to the
conditions of approval, with added conditions for a school zone that complied with County
approval and 18 months to initiate the project, as well as approval of the height exception.
Mr. Miller noted his appearance on behalf of MG/3 Developers and expressed his agreement
with the 26 conditions set forth in Exhibit "c."
Mayor Taylor opened the public hearing. No one coming forward, Mayor Taylor closed the
public hearing.
Mr. Miller noted the proposed school had a sister school located in Lantana. Representatives of
the existing school sought a location in Boynton Beach as the school had reached full capacity.
14
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
In response to the inquiry of Commissioner Rodriguez, Attorney Cherof advised there were no
limitations as to the amount of charter schools that could operate in the City.
Attorney Cherof read Proposed Ordinance No. 09-031 by title only on first reading.
Motion
Vice Mayor Hay moved to approve Item VIILB. with all conditions. Commissioner Weiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Motion
Commissioner Ross moved to approve Item VIILe. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
Motion
Commissioner Weiland moved to approve Item VIII.D. Vice Mayor Hay seconded the motion.
The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Report on Central Seacrest Potable Water and Stormwater Improvement Project
Mr. Bressner noted an overall scope of the project would be presented to alert the Commission
of impediments to be faced if the Commission were to authorize the project to proceed further.
Walt Schwarz, of CH2M Hill, noted his appearance. CH2M Hill served as the City's design
consultants and construction managers for the Central Seacoast Corridor drainage improvements
and water main replacement project. Mr. Schwarz provided an overview of the goals, project
area, impacts, proposed schedule and benefits to the community. The potable water project
would replace water mains to improve water pressure and quality, replace old damaged pipelines
and add fire hydrants to improve fire protection. Neighborhood improvements would be made
and new sidewalks and driveway aprons would be installed. A new roadway overlay would be
provided throughout the project area. Stormwater improvements would reduce nuisance
flooding and improve water quality in the surficial aquifer.
The project would replace the undersized water mains and water lines in easements behind
properties that were difficult to maintain. Most of the water mains were in swales in front yards
and would be replaced by new water mains. Stormwater improvements would be made to the
swales and the swales would be restored to provide stormwater storage and infiltration into the
aquifer, resulting in the removal of unpermitted improvements in rights-of-way.
15
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
The project area was defined by 1-95 to the west, Boynton Beach Boulevard to the north and
Woolbright Road to the south. Sea crest Boulevard would run north and south through the
eastern side of the project. Areas that had experienced erosion from runoffs during storms
would have more extensive stormwater improvements consisting of pipes! exfiltration trenches
and catch basins. While heavy construction activity would be occurring in neighborhoods during
the project, the impact would be limited. The amount of work to be performed on adjacent
streets would be restricted in order to minimize short-term traffic impacts. Unpermitted
pavement would be removed and the parking areas would be replaced with constructed swales
consisting of grass.
The proposed project schedule called for bids to be advertised on July 1, 2009 and opened in
August, with construction anticipated in September 2009. It was expected the project would be
completed in November 2011.
The benefits of the project included enhanced recharge for the surficial aquifer, improved
draining to relieve flooding from minor thunderstorms, safer streets, increased property values
and improved roadways and swales.
Mayor Taylor noted $11.5 million had been allocated in the Capital Improvement Plan (CIP) for
the project. He inquired whether the $11.5 million could be used to reduce the water rates in
the City if the project were delayed a year or two.
Peter Mazzella, Deputy Director of Utilities, noted the project would be limited in areas so that
the contractor would not be working in the entire area at the same time. Funding had been
obtained in the spring of 2008 and the City had already been paying debt services on the
borrowed monies. The City had two years within which to spend the borrowed monies.
Deferring the project would not decrease costs and going forward with the project at this time
would reduce long-term operating and maintenance expenses.
While Mayor Taylor understood the project was worthy, he reiterated his concern for the
residents who would not be able to pay their water bills. Commissioner Weiland suggested
scaling back the project, if possible, and directing monies to the General Fund for utilities so that
the water rate could be reduced.
Mr. Bressner believed opportunities might be available within the operating side of the Utility
budget to stabilize the rates. An area that was critical in order for the Utility budget to move
forward was the interconnect between the east and west plant, a bonded project which would
allow the City to distribute the finished water throughout the community. At the request of the
Commission, Mr. Bressner would provide a list of the projects that had not been bonded,
together with the funding sources.
Barry Atwood, Finance Director, explained the water rates had been increased to meet the
bond coverage requirements of 1.10%.
In response to Mayor Taylor's earlier inquiry, it was noted even if the project were delayed, it
would not help reduce the water rates to the City's customers.
16
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
Commissioner Weiland requested the Commission direct staff to come back with some type of
method by which water rates could be reduced. Commissioner Rodriguez felt the water rate
issue should be discussed during the budget process. The Commission agreed.
Motion
Commissioner Rodriguez moved to approve Item IX.A. Mr. Weiland seconded the motion. The
motion passed unanimously.
B. 2009-10 Budget Preview - Report on Span of Control Analysis
Mr. Bressner noted the operating budget, program evaluation and span of control analysis were
being used to determine the levels of service and to ensure staff was positioned at appropriate
levels and locations. Based the number of employees (approximately 900) and a review of the
span of control, it was believed the issues raised required additional review by Human
Resources.
Commissioner Rodriguez remarked it appeared the span of control analysis had not included the
number of employees reporting to each supervisor. Mr. Bressner indicated the information had
not been included in the report as staff had focused on the supervisory relationships to
determine whether such relationships were appropriate.
Commissioner Weiland had previously requested a list of employees and their responsibilities.
Commissioner Ross inquired whether the Commission should be provided information on Public
Works and Engineering. Mr. Bressner explained if the departments were not listed in the report,
there had not been an issue with that department in terms of levels of supervision.
Commissioner Ross had requested information on employees' years of service. Mr. Bressner
agreed to provide the information requested.
Vice Mayor Hay had requested the span of control review and while a good analysis had been
provided, the process was ongoing, and he felt the information should be expanded to include
the number of employees. It was noted the Commissioners should each be proVided the
identical information.
Mayor Taylor felt the item should be discussed at the budget workshop, and Commission
direction could be provided at that time. Commissioner Rodriguez believed a span of control
review should include recommendations that would tighten the span of control.
(Commissioner Weiland left the dais at 9:21 p.m. and returned at 9:23 p.m.)
C. 2009-10 Budget Preview - Report on 2009 Program Analysis
Mr. Bressner explained the review updated a 2007 program analysis that had been presented to
the Commission at that time. Included with the meeting materials was a City Service Profile
listing communities in Palm Beach and Broward Counties and the services provided, comparing
Boynton Beach with other communities in the region. Boca Raton, Boynton Beach and West
17
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
Palm Beach were classified as "full service" communities. The other communities listed might
offer services directly or contract with another governmental unit. Past and present
Commissions for the City of Boynton Beach had made a decision that services were to be
provided in-house. The current taxable values for Boynton Beach, Boca Raton and West Palm
Beach were $4.5 billion, $17.6 billion and $9.6 billion, respectively. The taxable value for Delray
Beach amounted to $6.9 billion and provided fewer services in-house than Boynton Beach. The
program analysis provided staff an opportunity to review the programs and activities and to
determine whether they should be continued.
Mayor Taylor felt the information was very valuable and should be discussed at the budget
workshop. Commissioners Rodriguez and Weiland requested the City Manager provide
alternative services and various scenarios for cutting costs. Mr. Bressner indicated the
Commission would have three target numbers for the General Fund together with associated
activities.
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09jJA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500j501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
XII. LEGAL:
Mayor Taylor noted a request had been made for the Commission to continue to table Items
A.1 through A.10 and Items D.1 and D.2., as the parties were attempting to work out a
settlement.
Motion
Vice Mayor Hay moved to table Items A.1. through A.10. and Items D.1. and D.2.
Commissioner Ross seconded the motion. The motion passed unanimously.
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-003 RE: Approving a
request to annex the properties. (Sam's Club ANEX 09-001) (Tabled
on June 2, 2009)
18
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
2. Proposed Ordinance No. 09-004 RE: Approving a
request to annex the properties. (Northstar ANEX 09-001) (Tabled
on June 2, 2009)
3. Proposed Ordinance No. 09-005 RE: Amending the
Comprehensive Plan Future Land use Map classification on f:41.19 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Sam's Club LUAR 09-002)
(Tabled on June 2, 2009)
4. Proposed Ordinance No. 09-006 RE: Amending the
Comprehensive Plan Future Land use Map classification on f:41.49 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
(Tabled on June 2, 2009)
5. Proposed Ordinance No. 09-007 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Sam's Club LUAR 09-002) (Tabled
on June 2, 2009)
6. Proposed Ordinance No. 09-008 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Northstar LUAR 09-002) (Tabled
on June 2, 2009)
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification on f:14.22 acres
of land from Medium Density Residential to Industrial (New Urban High
Ridge LUAR 09-001) (Tabled on June 2, 2009)
8. Proposed Ordinance No. 09-010 RE: Rezoning a
parcel of land located on the northwest corner of High Ridge Road and
Miner Road from Planned Unit Development (PUD) to M-1 Industrial
District (New Urban High Ridge LUAR 09-001) (Tabled on June 2,
2009)
9. Proposed Ordinance No. 09-026 RE: Amending the
Land Development Regulations, Chapter 2, Zoning to create a waiver
process for minimum setbacks associated with ancillary fueling centers
with Planned Commercial Development (PCD) zoning districts annexed
into the City.
19
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
10. Proposed Ordinance No. 09-027 RE: Amending the
Land Development Regulations, Chapter 2, Zoning to allow Funeral
Homes with Cemetery in the Community Commercial (C-3) zoning district,
on parcels in excess of 10 acres.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1.
Proposed Ordinance No. 09-029
abandonment of a portion of NE 12th Avenue.
RE: Approving the
Attorney Cherof read Proposed Ordinance No. 09-029 by title only on second reading.
Mayor Taylor opened the public hearing.
David Hemingway, 610 Mariner's Way, had submitted a Hold Harmless Agreement to the City
and other documentation in order to move forward with the conveyance of the dock. Attorney
Cherof noted all of the documentation had been in order.
Commissioner Rodriguez had received an email regarding the Homeowners' Association and the
fact that they had not voted on this issue. He felt the communication might be of concern to
the Commission.
Mr. Hemingway noted several disgruntled homeowners were contesting the action, but the vast
majority of the community had no objection. The action would affect only Mr. Hemingway and
the Homeowners' Association located across the canal. Attorney Cherof, Mr. Hemingway's
attorney and the attorney for the Homeowners' Association had previously verified the action
had been appropriate.
Commissioner Ross noted Seamus Murphy had sent the email.Mr. Hemingway explained Mr.
Murphy resided at the other end of the street and had opposed the action as he sought
retribution regarding an internal Homeowners' Association issue.
Attorney Cherof advised he had seen the message from Mr. Murphy. He asse~ed the
abandonment process did not require any action by a property owner or association and was a
unilateral determination by the Commission that owning or having control of the property no
longer served a public benefit. The Commission's role in the action would conclude upon the
adoption of the ordinance. The documents referred to dealt with the conveyance of the dock
from the City to the Association and the adjacent property owner, and a release back from the
Association and the adjacent property owner. The documents had nothing to do with the
abandonment.
No one else coming forward, Mayor Taylor closed the public hearing.
20
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
Motion
Vice Mayor moved. to approve Proposed Ordinance No. 09-029. Commissioner Weiland
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
2. Proposed Ordinance No. 09-030 RE: Approving the
creation of a seven member Community Redevelopment Agency Board.
Attorney Cherof read Proposed Ordinance No. 09-030 by title only on second reading.
Mayor Taylor opened the public hearing.
Buck Buchanan, 807 Ocean Inlet Drive, Chairman of the Board of the Boynton Beach
Chamber of Commerce, and past President of Inlet Cove Association (INCA) noted both
organizations supported the establishment of an independent board. During the past election,
all three elected Commissioners voiced their support for an independent board. The ordinance
passed 3-2 at the last meeting. Mr. Buchanan believed it was the will of the people that an
independent board be created, and he urged the ordinance be unanimously adopted.
Victor Norfus, 261 N. Palm Drive, opined the Commission would still maintain oversight of a
new citizen board and he hoped all the Commissioners would support the measure.
Mayor Taylor noted the last time a CRA Board had been appointed, the applicants had been
interviewed by Quintus Greene, the CRA Director at that time, who thereafter presented a list to
the City Commission for appointment. He inquired whether this procedure would be followed.
City Clerk Prainito advised the process used in the past for the CRA Board followed the same
process used by other boards and was used the last time the CRA Board members were
appointed to an all-citizen board. Commissioner Rodriguez believed it would be a conflict of
interest and inappropriate for the CRA Director to interview the applicants.
Quintus Greene, Development Director, provided information on the manner in which the
process was followed at the time he served as CRA Director. After he had interviewed the
applicants, he compiled a list of the most qualified candidates and presented it to the
Commission for approval with the proviso that the Commission accept his recommendation. The
process had been reasonably successful.
Commissioner Rodriguez believed, if the ordinance were approved, applications for CRA Board
members should be accepted and a determination regarding the review and selection process
could be made at a later date.
Mayor Taylor commented a Community Committee of approximately 100 individuals had been
created and had been providing input from CRA area residents. The Committee had been
21
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
meeting regularly with staff and recommendations were brought to the CRA Board. Mayor
Taylor noted once an independent board had been established, the Commission would no
longer have oversight of the CRA Board. Mayor Taylor believed the current CRA Board was
doing a wonderful job and accomplishing a great deal. As such, he would not support the
ordinance.
Mr. Weiland noted the Commission had heard from only a small faction of the community and
he did not feel the eRA Board was ready for the transition. He urged the Commission not to
rush into anything.
Questions raised by Commissioner Rodriguez are listed below, together with Attorney Cherofs
responses.
Q: Would the current CRA Board remain until the transition occurred?
A: Yes. The Commission served as the CRA Board until the seven independent
individuals were appointed.
Q: What can the Commission do at this time to impose restraints on the board to be
appointed?
A: There is little the Commission can do, as there are powers prescribed by Statute,
rather than by City Commission.
Vice Mayor Hay noted the Community Committee met regularly with the Executive Director and
provided input to the CRA. He had heard from the community on several occasions a:1d they
supported the independent board. While he supported a seven-member board, he did not feel
the Commission should rush into this and hoped the Commission could agree on a timeline.
Mark Karageorge, 240A Main Boulevard, believed the ordinance should be approved but
agreed the process should be slow and deliberate.
In response to Commissioner Ross' inquiry, Attorney Cherof advised the ordinance did not set
any timetable for the appointment of the seven-member board.
Motion
Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-030. Vice Mayor Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 3-2 (Mayor Taylor and Commissioner Weiland
dissenting).
C. Ordinances - 1st Reading
22
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
None
D. Resolutions:
1. Proposed Resolution No. R09-084 RE: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Northstar Palm Beach, LLC regarding annexation of
Northstar Palm Beach Property into the City boundary. (Tabled on June
2, 2009)
2. Proposed Resolution No. R09-085 RE: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Wal-Mart Stores, Inc. regarding annexation of Wal-
Mart Stores ("Sam's Club'') property into the City boundary. (Tabled on
June 2, 2009)
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Follow-up Discussion on Community Improvement at 1630 NW 3rd Lane -
Encarnacion and Maria Figueroa.
Attorney Cherof noted staff could answer specific questions as they had supervised and
inspected the project and monitored the contractor's activities. The property owners had filed a
complaint with the Department of Professional Regulation against the contractor, and the
complaint had recently been dismissed. Thus, no action had been taken by the State against
the contractor as a disciplinary or licensure issue. The property owners wanted the City to act
as either a guarantor or an insurer of the work performed by the contractor. However, the City
was neither a guarantor nor an insurer of any construction project on private property. The
property owners were under contract with the contractor and the City was not a party to the
contract, although the contractor had been selected through a process whereby City staff
screened and evaluated contractors eligible and qualified to perform work under the City's
program. Attorney Cherof recommended the City not provide any additional funds by way of
guaranty or insurance for the work performed by the contractor.
Vice Mayor Hay inquired whether other options were available. Attorney Cherof advised the
only way the City could expend money to improve private property was through one of the City-
approved programs. Unless the property owners were qualified under one of the programs,
there was no alternative solution. The work performed was not new construction, but rather a
rehabilitation project. The contractors worked on an existing structure that had numerous
problems, some of which had not been remedied.
23
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
Octavia Sherrod, Community Improvement Manager, advised the funds expended for the
project were State Housing Initiatives Partnership Program (SHIP) dollars which were no longer
available for rehabs. The only monies available would be for down payment assistance. The
City had already expended $46,000 on the dwelling. Ms. Sherrod had not yet inquired of the
Department of Housing and Urban Development (HUD) as to whether it would be appropriate
to use HUD funding, as the dwelling had already been rehabilitated.
Sonny Garcia, 1631 NW 3rd Lane, contended the roof still leaked, the toilet, floor and bathtub
in the bathroom were not level, electrical panels were left open, the door to the new bedroom
had not been properly installed and the floors in the bedroom were cracked.
Commissioner Weiland inquired whether staff had a list of the scope of work to have been
performed.
Sal Belloise, Construction Coordinator with Community Improvement, provided background on
the procedure followed prior to the work being performed as well as a synopsis of the
circumstances surrounding the complaints made by the Figuroas.
Mayor Taylor inquired as to Mr. Garcia's claim that the electrical panels were left open. Mr.
Belloise explained the Chief Electrical Inspector had taken measures to ensure everything was
done correctly. The panels had been covered, no breaker holes existed and a list evidencing
the location of every breaker was attached to a door at the residence.
Vice Mayor Hay had visited the dwelling in the latter part of 2007 or early 2008. He inquired
whether the hurricanes had been responsible for the internal damage to the house. Mr. Belloise
advised the exterior portion of the house had been severely damaged by the hurricanes. Vice
Mayor Hay inquired whether someone else had made modifications to the work originally
performed by the contractor. Mr. Belloise commented there had been no attempt by Mr.
Figuroa to make any repairs caused by the hurricanes. Once the paperwork had been signed
and the closing completed, the City was no longer involved and all issues would be between the
Figuroas and the contractor.
(Commissioner Rodriguez left the dais at 10:28 p.m. and returned at 10:30 p.m.)
Maria Figueroa, 1630 NW 3rd Lane contended the work had not been suitable.
Ms. Sherrod noted Community Improvement had rehabilitated 365 homes since 1989 and had
always taken steps to ensure the contractors performed their work properly. Community
Improvement had rehabilitated many houses that were overcrowded, and it was likely a house
occupied by seven people would reflect indications of wear and tear.
Mayor Taylor inquired as to the State Housing Initiatives Partnership Program (SHIP) monies.
Ms. Sherrod explained SHIP monies were no longer available as they had been spent, allocated
or encumbered by the City. As noted earlier, the City had already expended $46,000 on the
dwelling.
24
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
(Commissioner Weiland left the dais at 10:33 p.m. and returned at 10:35 p.m.)
Mr. Bressner had suggested both a structural and an environmental-engineering inspection be
performed. Two firms had been hired at the City's expense, Walsh Engineering and Rogina,
Inc., and they prepared the inspection reports which were included with the meeting materials.
In the engineering report of August 2007, Mr. Walsh noted he had found a few minor problems
needing repair such as the caulking at the front window and around the new tub in the addition
and the need for t~e reattachment of the dining room ceiling. The only potentially serious
problem was the framing at the north side of the front door. Mr. Walsh recommended further
investigation of the area. Mr. Bressner was not aware whether any of the repairs had been
made. Dr. Scarry's August 2007 environmental report indicated some improvements had not
been made. Attorney Cherof disagreed. The report indicated the items were discovered in
2007. There was nothing in the report that indicated the problems were the result of the work
performed by the contractors. Mr. Belloise verified the contractors had not worked in the areas
identified as being faulty.
Commissioner Rodriguez suggested someone examine the front door. He did not believe the
issues complained of were tied to the construction and that the issues could be the result of a
lack of maintenance.
Mayor Taylor pointed out the City had no money for the repairs. Vice Mayor Hay expressed
concern the situation could recur. Commissioner Ross noted it appeared Community
Improvement had not previously experienced these problems. She inquired whether this
situation would be ongoing or whether it was an isolated incident. Ms. Sherrod noted the
Department had experienced minor incidents which had been resolved but had never
experienced a situation of this magnitude. Commissioner Rodriguez inquired whether staff had
received any documentation from the Figuroas indicating the work had been faulty after the
renovations and repairs had been completed. Attorney Cherof advised the Community
Improvement Division received a list of complaints from the Figuroas in October 2005 regarding
aspects of the improvements which the Figuroas contended were not properly done. The
memorandum was included with the meeting materials.
Ms. Sherrod had received a note from the Figuroas thanking the City for providing .) lovely
home for the family.and inviting staff to stop by. The letter was not dated.
Commissioner Ross believed it was unfortunate there was no funding to tap into for the
Figuroas.
Attorney Cherof recommended the Commission bring closure to the matter, indicating no
further action would be taken by the City.
Motion
Commissioner Rodriguez moved that Item XIII.A. be put aside and that no further action be
taken. Commissioner Weiland seconded the motion. The motion passed 4-1 (Vice Mavor Hay
dissenting).
25
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
June 16, 2009
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 10:48 p.m.
CITY OF BOYNTON BEACH
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ATTEST:
}ftrry Tay r, M r f
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,~ ~%!-f" ~,," ----, '--./
W~~.dr~~ L. Hay, Vic2Z7e Mayor '
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Ronald Weiland, Commissioner
-
an M. Prainito, CMC
. Clerk
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Recording Secretary
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Marlene Ross, Commissioner
26
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
Seacrest Garden Office Building
PROJECT NAME:
APPLICANT'S AGENT: Jose Aguila - Currie, Sowards, Aguila Architects
APPLICANT'S ADDRESS: 134 NE 1st Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 16,2009
TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval for the addition of
14,206 square feet to an existing 1,693 square foot office building.
LOCATION OF PROPERTY: 2860 S. Seacrest Blvd
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Applicapt
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The APP~t'S application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
t:o-/8-D1
City Clerk
S :\Planning\S HARED\WP\PROJ ECTS\Seacrest Gardens\DO .doc
EXHIBIT "A" - SITE LOCATION MAP
SEACREST GARDENS - MSPM 09-004
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SEACREST GARDEN OFFICE BUILDING TABULAR DATA
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TABULAR DATA REQUIRED PROVIOED
30
PERIMETER TREES
(1 TREE PER 30 LINEAR FEET OF PROPERTY; 783'/30'>=26.1 TREES)
PARKING & INTERIOR lANDSCAPE TREES
(1 TREE PER 10 PKG SPACES: 68 SPACES/tO SPACES--6.8 TREES)
PUB1.1C R.O W. TREES
-~EE PER ~ LINEAR FEET OF PROPERTY: 229'130'~7.6 TREES)
TOTAl TREES
SYM Ort BOTANICAl COM""" S"" SPACING NATlVE?
AF ...CAC.... FARNESIANA SWEET ACACIA 12-'4' OA. 3- CAL. G 4.5'. FL" ~ SHOWN YES
CES !!~ CONOCARPUS ERECTUS SERlCEUS SilVER 8LmONWOOD STANDARD 12-14' OA., 3" CAL. 04.5', FL"l AS SHOWN YES
es " _ ~ SEBESTENA ORANGE GEIGER 12-'4' CA., 3" CAl.. G14.S', FL'l AS SHOWN YES
N JUNIPERUS V1RGINIANA EASTERN RED CEDAR 12-14' QA, 3" CAL. G 4.5'. fl" AS SHOWN YES
NE NORONHlA EMARGINATA MADAGASCAR OLIVE 12-14' OA, 3" CAL 04.5', Fl" AS SHOWN NO
TS TECOMA STANS YELLOW ELDER 12.'4' OA, 3- CAL. @:4.5',6"CT Fl" AS SHOWN YES
ALC AL~OA CATHAATICA COMMON ALLAMANOA 1113.24" HT; ATTACH TO WALL .- ~ SHOWN
BO BAMBUSA OlDHAMII OLDHAU BAMBOO 8-10'0-' AS SHOWN NO
CHI .2. CHRYS08AlANUS ICACO 'RED TIP RED TIP COCOPlUM *'3, 2"- HT x 2". SPREAD J,,"o.e. YES
HED ~- HEl1ANTHUS DEBIUS BEACHIOUNE SUNFl OWER ", 18- HT x 18" SPREAD 1S-0C. YES
NEE 711 NEPHROLEPIS EXAl TATA BOSTON FERN MJ, 1T rrr .12" SPREAD 2".O.C. YES
OP, .'3 OPHIOPOGON JAPONICUS MONDO GRASS '1. 8- HT x 80 SPREAD 1200.C. NO
ROl 13 AONOELETIA lEUCOPHYLLA. PANAMA ROSE #3,2,,0 HT x 24" SPREAD AS SHOWN NO
SPB 1~ SPARTlNA 8AKERII SAND CORDGRASS 13,240 HT x 24- SPREAD 3fJooc. YES
TAD . TABERNAEMONTANA DNARlCATA PINWHEEL JASMINE/CRAPE JASMINE 413, 240m x 24. SPREAD AS SHOWN NO
27
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FOUNDATION PlANTlNG
ALL AVAILABlE GREENSPACE HAS BEEN lANDSCAPED
INTERIOR LANDSCAPING
(20 SF PER NON PERIMETER PKG SPACE: 20 Sf x 11"'220 SF)
220 SF
3,958 SF
SITE DATA
TOTAl.. SITE AREA (SQ. FT)
PERCENTAGE OF PERVIOUS AREA
PERCENTAGE OF iMPERVIOUS AREA 79%
81 FLORIMULCH ~ CUBIC YARDS
50 ROOT BARRIER. LINEAR FEET
- ADO 1 YELLOW ELDER EACH SIDE OF ENTERANCE IF SIGNATURE "TREE REOUIRMENT IS NOT MET BY PROpOSED BAMBOO.
NATIVE PLANT MATERIAL DATA
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ALL UTILITY BOXES OR STRUCTURES (NOT CURRENTLY
KNOWN OR SHOWN ON THE PLAN) SHALL BE SCREENED
WITH COCOPLUM ON THREE (3) SIDES.
IRRIGATION NOTES
110% IRRIGATION SHALL BE PROVIDED
TURF AND LANDSCAPE AREAS SHALL BE ON SEPARATE
ZONES AND TIME DURATIONS FOR WATER
CONSERVATION
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Conditions of Approval
Project name: Seacrest Garden Office Building
File number: MSPM 09-004
Reference: 2nd review plans identified as a Major Site Plan Modification with an April 21, 2009 Planning &
d ki
Zomng ate stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments:
1. In regards to the Bambusa Oldhamii (Giant Timber Bamboo) line of sight X
may become a problem as bamboo spreads as it grows, especially the
southwestern one, which may be problematic, If the applicant chooses to
retain this material, install a root barrier to ensure the plant material does not
encroach into the required line of sight. The applicant will have to ensure
maintenance to preserve sight lines,
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2, Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date for
the time line should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter. This time line will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible.
3. Utility construction details as shown on sheets C6,l thru C6.3 will not be X
reviewed for construction acceptability at this time. All utility construction
details shall be in accordance with the Utilities Department's "Utilities
Engineering Design Handbook and Construction Standards" manual
(including any updates) and will be reviewed at the time of construction
permit application.
FIRE
Comments: None X
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
5, Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
6, Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph, Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads), Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application,
7, A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S, 373,216.
8. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A) The full name of the project as it appears on the Development Order and
the Commission-approved site plan,
B) The total amount paid and itemized into how much is for water and how
much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34)
9. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission,
DEP ARTMENTS INCLUDE REJECT
10, Show the separation distance between the existing building and the new X
building walls, Comply with FBC table 704.8.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
11. Existing Vegetation Schedule (page DT -1 of 1) Tree Management Plan X
At time of permit, the applicant shall relocate not remove:
. Tree #& [18"Sabal Palmetto] and
. Tree #20 [ 11" DBH Cocos Nucifera 'Maypan' Coconut Palm] on
the list to another location on the site,
Environmental Regulations, Chapter 7.5, Article I Sec 7. D.p.2.]
12. At time of permit, the following trees shown to be removed, should be X
mitigated with replacement trees on the site and shown with a separate
symbol on the landscape sheet LP-10f 2,
NO. DBH COMMON NAME TYPE ACTION
1 10" Norfolk IsI Pine tree mitigate with new
2 48" Earleaf Acacia tree mitigate with new
3 16" Plum tree mitigate with new
4 4" Loquat tree mitigate with new
5 8" Plum tree mitigate with new
6 16" Plum tree mitigate with new
11 1.5" Carrotwood tree mitigate with new
12 1.5" Carrotwood tree mitigate with new
33 10" Queen Palm tree mitigate with new
43 8" Garcinia tree mitigate with new
123" total DBH mitigation required for the site,
13, Page LP-1 of2: Plant Schedule note on bottom X
· 1 Yellow Elder tree must be planted on each side of entrance
[Bamboo will not meet requirements of City Signature tree]
PLANNING AND ZONING
Comments:
14, On Sheet L 1, the planting scheme along the south property does not provide X
for a dense planting scheme between the heights of 6 feet and 12 feet. The
residential properties to the south need to be screened from the 3-story
structure, Staff recommends that additional silver buttonwood trees be
added along the south landscape buffer, planted close enough to create a
barrier. As an alternate or supplement, the applicant can coordinate with
adjacent residents to plant their backyards to increase the landscape
Conditions of Approval
4
DEP ARTMENTS INCLUDE REJECT
screemng.
15. The new site sign shall be located a minimum of 10 feet from any property X
line, be designed to match the elements / colors of the building and placed
to screen utility equipment in the front setback.
16. Due to the fact that the building will be a mix of medical and general office X
space, based on parking limitations, the landlord will be required to
maintain a cumulative parking tabulation spreadsheet with each tenant and
their parking requirement. Anytime a tenant applies for a business tax
(license) to locate in the building, an updated version of the spreadsheet will
need to be submitted with their application, The landlord shall acknowledge
that tenants who exceed the parking allowance will be denied.
17, No permits shall be issued prior to receipt of a traffic concurrency approval X
letter from Palm Beach County.
18, The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. LfLh~
S :\PJanning\SHARED\ WP\PROJECTS\Seacrest Gardens\COA .doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Imagine Charter School at Boynton Beach
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT:
Bradley Miller, Miller Land Planning Consultants, Inc,
AGENT'S ADDRESS:
1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 7,2009
TYPE OF RELIEF SOUGHT: Conditional Use/New Site Plan approval to construct a Charter School
(K-8) on a 4,22-acre parcel in a proposed R-2 zoning district.
LOCATION OF PROPERTY: West side of High Ridge Rd, approximately 0.25 mile north of Miner Rd
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO,
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
;/ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3, The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included",
4. The Applicant's application for relief is hereby
/ GRANTED subject to the conditions referenced in paragraph 3 hereof,
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6, All further development on the property shall be made in accordance with the terms
and conditions of this order,
7. Other
DATED:
0-/8 -09
m.P~
City Clerk
S:\Planning\SHARED\WP\PROJECTS\lmagine Charter School\ COUS\DO.doc
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HIGH RIDGE ROAD
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GUSTAVO .I. CARBONELL, P.A.
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1457 N.E. 4th AVE.
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GUSTAVO.l. CAIlBOMELL. P.A.
Architect and Planner
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n. Lauderdale. florida, 33JO-l-
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EXHIBIT "D" - CONDITIONS OF APPROVAL
Conditional Use
Project name: Imagine Charter School at Boynton Beach
File number: COUS 09-003
Reference: 2nd review plans identified as a Conditional Use with a Mav L 2009 Planning and Zoning
D rtm tdt t ki
ena en aesamnmar niL
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: None (All previous comments addressed), X
PUBLIC WORKS - Forestry
Comments: None (All previous comments addressed). X
PUBLIC WORKS-Traffic
Comments:
1. Provide a notice of concurrency approval (Traffic Performance Standards X
Review) from Palm Beach County Traffic Engineering. The traffic impact
analysis must be approved by the Palm Beach County Traffic Division for
concurrency purposes prior to the issuance of any building permits for the
project (Ch,I.5, Art.VI, Sec.8.E).
ENGINEERING
Comments: None (All previous comments addressed). X
UTILITIES
Comments:
2, Provide a looped water distribution system with a stub out at southern X
property line for future connection to water distribution system as parcel to
the south is developed.
FIRE
Comments:
3, A Fire Sprinkler system will be required and a monitored fire alarm system. X
POLICE
Comments:
4, Prior to the issuance of a building permit for the project, the applicant shall X
submit a construction site security and management plan for approval by the
City's Police Department CPTED Official.
Imagine Charter School
Conditions of Approval
Page 2
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments:
5, Please note that changes or revisions to these plans may generate additional X
comments, Acceptance of these plans during the TART (Technical
Application Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
6, Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2007 FBC, Section 1609 (Wind Loads), Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
7, At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
8, A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source, A copy of the permit
shall be submitted at the time of permit application, F,S. 373,216,
9, If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
r:lr The full name of the project as it appears on the Development Order and the
Commission-approved site plan,
r:lr The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
10, Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
11. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach County
Emergency 911,
r:lr Palm Beach County Planning, Zoning & Building Division, 100 Australian
Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013)
r:lr United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
Imagine Charter School
Conditions of Approval
Page 3
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None (All previous comments addressed), X
FORESTERlENVIRONMENT ALIST
Comments: None (All previous comments addressed), X
PLANNING AND ZONING
Comments:
12, The trees proposed around the building must be installed at a minimum of Y2 X
the building height of the building (Chapter 7,5, Article II, Section 5,M,).
13, Staff recommends elimination of some of the smaller sod areas to reduce X
irrigation demand. Substitute hardy groundcovers and shrubs in place of the
sod,
14, Revise plans to include a typical detail of the six (6) foot masonry buffer wall X
required along the entire length of the north and west property lines, adjacent
to residentially zoned properties. The wall detail shall include the
dimensions, exterior finish, and color(s), and architectural enhancements such
as columns and a wallcap.
15, Revise plans to include a typical detail of the six (6) foot chain link fences to X
be used throughout the school site, The fence detail shall include the
dimensions, exterior finish, and color(s), i.e, green vinyl.
16. On photometric plan (sheet PH-2), revise detail of typical freestanding X
outdoor light pole to include the exterior finish and color, l.e. white
aluminum,
17. Add note to site plan indicating traffic control signage where sidewalk and X
crosswalk intersect to deter student drop-off from High Ridge Road near bus
access drive,
18. Consider placing expeditors (school personnel and student safety patrols) X
along walkway in front of building to open/close vehicle doors and assist
students entering and exiting vehicles at peak arrival/departure times to help
traffic flow of stacked vehicles,
19, Coordinate different hours of operation with adjacent Lake Worth Christian X
school to minimize traffic congestion during drop-off/pick-up times,
20. To reduce any conflicts between traffic and students on site, coordinate times X
for solid waste pickup so that the dumpster is serviced only at times when the
school is not in operation.
Imagine Charter School
Conditions of Approval
Page 4
DEPARTMENTS INCLUDE REJECT
21. Revise civil plans to indicate buffer wall along north and west property lines, X
22. Revise landscape plan to provide a detail and cross-section of bios wale area, X
23, Staff recommends that the light pole heights be maintained at a maximum of X
15 feet to maximize compatibility with adjacent residential areas.
24. Revise plans prior to permitting to update building elevations to include X
architectural elements originally proposed that match color renderings
presented to the Board, including the following: covered walkways on north
and east building elevations (student drop-off areas); Bahama shutters on
south and east elevations (most visibility); hardiplank lap siding on front
portico and architectural tower features; gray concrete roof tile; and
decorative metal brackets on tower features,
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
25. The Board recommends the applicant be given 18 months to pull the X
necessary permits and meet the construction percent completion requirements
listed in the Conditional Use section of the LDR's,
26. The Board recommends that the applicant work on the placement of a fully
functional school zone on High Ridge Road in front of the school, with Palm X
Beach County Traffic Engineering authorization,
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
MWR/kz
S:\Planni ng\SHARED\ WP\PROJE CTS\I mag ine Charter SchooI\COUS\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Oce. License
Deputy City Clerk
PROJECT NAME:
Imagine Charter School at Boynton Beach
APPLICANT'S AGENT:
Bradley Miller, Miller Land Planning Consultants, Inc.
AGENT'S ADDRESS:
1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 7,2009
TYPE OF RELIEF SOUGHT: Height Exception approval to allow architectural tower features and the
roof profile for building entrance at a height of 34 feet, a total of nine (9)
feet above the 25 foot height limit in the R-2 zoning district, in
conjunction with the construction of a charter school with 56,553 square
feet of total building area.
LOCATION OF PROPERTY: West side of High Ridge Rd, approximately 0.25 mile north of Miner Rd
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO,
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3,
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4,
The Applic<3Jlt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof,
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7,
Other
DATED: r.o -/8 -01
^ .7rJ.. ~
City Clerk
S:\Planning\SHARED\WP\PROJECTS\lmagine Charter School\ HTEX\DO.doc
EXHIBIT "A" - SITE LOCATION MAP
IMAGINE CHARTER SCHOOL - COUS 09-003/HTEX 09-001
R-1-AA
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Ft. Lauderdole, florida, 33304
(*4} 462-6565
"'ember American Instrtute of Ard1ltects
MILLER
LAND
PLANNING
CONSULTANTS, INC.
EXHIBIT "e'
1501 Corporate Drive
Suite #240
Boynton Beach, FL 33426
PHONE II 561.736.8838
FAX . 561.736.8079
Imagine Charter School at Boynton Beach
Height Exception Request
Justification Statement
March 16,2009
A). Whether the height exception will have adverse effect on the existing and proposed land
uses.
The proposed architectural tower features requiring the height exception are located on
the east and west sides of the building. These structural features are required for aesthetic
purposes and are a small portion of the building roof structure. The height exception will
not have an adverse effect on the existing land use, We anticipate this project to have
a positive influence on the City and be considered an example for new development.
B). Whether the height exception is necessary.
The height exception is necessary to make the building aesthetically pleasing and create
a Key West style feel. The tower features break up the architectural facade and provide
character to the building.
C). Whether the height will severely reduce light and air in adjacent areas.
The building layout is in an "H" format which provides windows and light into all portions
of the building and creates courtyard areas that can be used for playground and
gathering space, These building features will not reduce light or air for the subject site and
adjacent areas,
D). Whether the height exception will be a deterrent to the improvement or development of
adjacent property in accord with existing regulations.
The property to the south is undeveloped and in the process of changing the land use to
Industrial and zoning to M-1. To the west is undeveloped and part of High Ridge Country
Club. To the north is scattered single family homes and to the east is the right of way for
High Ridge Road and single family homes and townhomes, The proposed building is
centrally located within the site and thus the height exception will have no impact on the
surrounding properties,
E). Whether the height exception will adversely affect properly values in adjacent areas.,
We believe that the proposed Imagine Charter school project will enhance property
values in the area by utilizing the R-2 zoning district development standards. Again, the
height exception is only to make it more aesthetically pleasing, The height exception will
not affect property values and will only increase the value of their property by having a
school nearby,
Imagine Charter School at Boynton Beach
Height Exception Request - Justification Statement
March 16, 2009
Page 2
F). Whether the height exception will adversely influence living conditions in the
neighborhood.
The proposed Imagine Charter school will enhance the living conditions in the
neighborhood, Residents could have the opportunity to send their children to this school.
The requested height exception is to accommodate a structural building requirement and
will not adversely influence living conditions in the neighborhood.
G). Whether the height exception will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
other property owners have the same right to utilize this section of the code as the
applicant for the Imagine Charter School. Each height exception request is reviewed and
evaluated on its own merits. The requested height exception for Imagine Charter School
will not grant a special privilege,
H). Whether sufficient evidence has been presented to justify the need for a height exception.
A site plan application and re-zoning application for the charter school has been
submitted for review by City staff, Included in the site plan package are architectural
elevations and floor plans illustrating the proposed building, including the architectural
tower features that require the height exception. We believe that these features improve
the overall look at the building and project and that the above standards are justified,
EXHIBIT "D"
Conditions of Approval
Project name: Imagine Charter School
File number: HTEX 09-001
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Imagine Charter School HTEX 09-001
Conditions of Approval
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined, ~
S:\Planning\SHARED\WP\PROJECTS\Imagine Charter School\ HTEX\COA.doc
Education Week: Graduation Rate Trends] 996-2006
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'EMBARGOED Not for Release before 12:01 a.m. EDT on June 9, 2009
National and State Graduation Rates, 2005-06
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AJablIma 57.0 56.9 57.3 56.7 61.6 59.7 60.7 59.0 61.3
Al8sM 66.1 66.4 64.5 63.7 64.1 63.8 64.0 65.1 67.6
Arizona 56.6 59.6 59.4 46.2 67.4 66.1 69.6 66.4 73.3
Arkansas 69.4 68.6 68.3 70.5 70.6 71.3 72.2 72.2 73.2
Callomia 67.5 67.4 67.5 66.6 69.1 71.3 71.0 70.7 70.1
CoIonIdo 71.5 69.4 67.6 67.5 69.1 70.5 72.5 74.6 74.2
Conneclicul 76.1 75.1 75.2 75.1 76.8 78.1 79.4 79.8 76.1
Delawan 63.2 59.2 58.8 57.7 64.3 61.1 60.7 62.0 60.1
Dis1rict of COlumbia 49.7 52.9 37.3 65.7 65.2 61.1 56.9 56.2 57.6
Florida 57.5 54.2 51.6 52.5 53.0 56.3 57.5 60.5 60.6
Geagia 55.1 55.1 52.2 51.5 55.5 57.6 56.4 56.1 56.1
H_H 511.0 58.4 60.1 1ill.5 66.0 65.9 63.7 64.1 67.4
IdaIlo 76.6 73.2 76.4 76.3 79.6 77.4 77.7 no 76.6
Illinois 78.7 71.3 71.2 72.4 74.8 74.7 76.3 75.7 76.7
,-... 69.6 69.2 69.6 71.1 72.5 72.9 73.0 70.9 73.6
Iowa 79.1 16.9 60.7 78.9 78.7 79.1 82.7 8t.l 82.8
KBnaas 72.6 73.8 72.2 73.5 74.3 74.9 75.1 74.4 74.3
Kenlud<y 82.9 88.6 82.2 62.2 65.3 722 69.5 70.0 71.5
louiWna 54.0 52.1 56.0 59.1 64.1 64.6 60.6 61.4 54.7
Maine 75.1 74.8 71.6 66.9 72.1 74.1 73.1 76.2 71.2
MlIf'iI8n<l 73.5 74.5 78.9 71.6 75.3 76.7 744 74.7 73.6
Massachusetts 75.2 74.3 72.6 73.8 71.0 71.3 72.1 73.2 74.7
Mi<:hipn 69.0 72.0 67.5 66.7 71.0 71.6 69.0 69.1 70.5
MIr1n88ofa 77.1 77.3 78.5 19.5 16.9 78.7 76.6 76.7 76.1
Misalulppl 54.5 56.1 56.8 56.4 58.0 60.7 60.7 62.1 61.8
Missouri 70.4 70.6 70.0 72.1 73.0 76.1 74.6 75.0 76.5
MonlanII 76.2 76.7 77.2 75.8 77.4 76.0 76.4 76.2 75.7
Nebratk8 19.3 79.8 77.7 71.5 77.7 78.3 77.8 19.8 19.6
Nevada 70.5 65.7 66.9 69.0 54.7 55.4 55.9 54.0 45.4
N_ Hal'l1JS/lire 71.3 66.4 72.3 72.7 74.1 77.4 77.5 76.0 71.1
New Jers8y 63.1 80.6 75.8 76.3 63.4 64.9 64.8 62.5 63.3
New MexiCO 55.3 58.3 55.9 58.1 61.4 62.4 58.4 60.1 54.1
New YorIt 61.1 60.3 57.7 58.6 61.6 611 62.4 65.0 66.0
North CaroIIn8 61.9 58.3 57.4 58.7 63.5 64.6 66.2 66.1 67.0
NOI1h Dakota 60.9 60.1 61.1 62.6 79.9 60.2 63.3 79.4 79.2
Ohio 67.8 66.3 67.3 88.0 70.9 74.8 7M 74.7 75.9
OIdah0m8 67.0 66.9 69.7 70.4 70.1 70.6 71.3 70.4 70.8
Onlgon 66.0 118.0 642 64.0 73.4 70.6 71.4 72.9 70.4
Pannsylv8l1ia 74.8 74.7 73.9 75.3 75.5 76.8 79.1 78.2 80.4
Rhode Island 69.0 117.1 69.3 70.8 73.5 73.7 72.3 70.6 71.1
SoulII Caroli1e 53.2 53.5 50.8 47.1 50.6 52.3 52.0 53.8 55.6
Sou1h Dakota 77.6 79.5 78.0 74.8 19.8 78.1 74.9 76.5 75.6
T ennassee 56.7 52.6 56.9 62.1 57.5 59.5 62.5 72.2 65.4
T exss 58.5 511.3 60.2 60.2 64.9 67.0 66.7 67.3 66.5
Utah 76.5 79.0 77.2 75.7 78.5 77.9 76.7 63.8 78.6
Vermon1 75.2 78.8 75.7 711.7 78.0 80.8 81.1 81.0 60.2
Virginia 73.4 72.3 74.5 739 72.6 73.1 73.6 73.1 72.9
Washington 66.0 70.6 67.8 66.6 62.8 66.3 66.2 66.5 66.8
West VIrginia 75.7 75.5 72.3 71.2 70.7 72.0 72.8 71.7 72.8
WiSConsin 77.0 78.9 75.8 78.4 16.1 78.9 80.6 77.3 60.5
Wyomill\) 75.9 74.4 71.9 73.4 72.6 74.1 75.6
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SOURCE. EPE R.....rc:I1 Center. 2009.
DafD:U<l KeJu> reoU\..'S'S Hlsturic Presen;lllUIl i ll'l::/l:IIll't'
P.l~l' ! ut':
From: fiveready@aol.com
To: FIVEREADY@aol,com
Subject: Barbara Ready requests Historic Preservalion Ordinance
Date' T',le. JU'1 16 2009616 pm
I recently attended 3 workshops from the State Conference for
the Florida Trust for Historic Preservation. As the greenest
building is one that is already built, I attended two workshops
on Historic Preservation using the LEEDS method, and one
workshop about the Financial Incentives that are available for
historic preservation efforts and what a city needs to do to
access them.
I learned that cities that have instituted a meaningful Historic
Preservation Ordinance and are Certified Local
Governments are able to access potential grants and tax
credits. Delray Beach became a CLG in 1988, Jupiter,
Lake Worth, Lake Park, WPB, and Palm Beach have been
CLGs for years. If they all get why it is beneficial and important,
why don't we? As the third largest city in Palm Beach County, I
believe it is time for Boynton Beach to join them and step into
the 21 st Century.
I also request that the knock down funds of $625,000 be
repurposed to stabilize the roof, and to seed the upcoming
501 c3 so we have money to chase the matching grants that
are available.
As a matter of fact, I have here tonight information about a
matching grant that is available and may be used to help pay
for stabilizing the roof, or even to prepare the ordinance and
make preservation plans.
In this package of information are 2 sample ordinances, one
from the State Historic Preservation Office and the other is
http://webmail.aol.com/43 5 24/ao lIen-us/maillPrintMessage. aspx
6/16/2009
tsarbara /{eady requests Historic Pre<;('r\;l!:fJP nrdinunct'
Pagt' :2 at' 2
Palm Beach County's ordinance. In here is the list of historic
sites in Boynton, the info on the Ad Valorem Tax incentivel as
wen as info from the National Park Service on Certified Local
Governments, and info on grants from the Fforida Division of
Historical Resources.
The citizens of our city have been more than patient. If
not nowt when? It's time for Boynton to take it's rightful place
among the leaders of Palm Beach County and show that we
get it about Green issues and Historic Preservation.
Thank youl
Barbara Ready
561-734-3646
A Good Credit Score is 700 or Above. See yours in iust 2 easy steps!
http://webmail.aol.coml43 524/aol/en-us/mail/PrintMessage .aspx
6/16/2009
The Florida Fishing Academy is a division of Team REEL Estate Inc.: a non-profit,
501 (c)(3) organization. In its third year, the academy's mission is four-fold: teach children a
healthy lifestyle and constructive hobby; guide them away from drugs and violence; engage youth
_ tomorrow's boaters and anglers - in the fight to preserve Florida's natural resources and
introduce them to the marine industries as a potential career path.
At the core of the program is the Hooked On Fishing-Not on Drugs@ curriculum, a 20-
session course created by the Future Fisherman's Foundation in the 1980s to develop a more
aware, responsible, healthy and engaged generation of anglers, Kids third grade and up learn not
just the basics of fishing - tying a hook, casting, using the right bait, fish biology, fishing safety-
but are given a strong dose of life lessons like team-building, taking responsibility, learning self-
confidence, standing up for yourself and building stronger, healthier personal relationships. Along
the way, they are made more aware of the fragility of Florida's environment and their role in
preserving it. The course includes several fishing trips, on the shore, the pier, the canal or on the
ocean. All students are required to sign a pledge to remain drug-free, and parental participation is
a must.
To those who complete the HOFNOD course, the Florida Fishing Academy also offers a
uniquely designed advanced course on building and painting custom fishing rods, intricate lure
building, boat maintenance, junior angler tournaments and an introduction to the Coast Guard
Auxiliary and other facets of the marine industry.
The academy has operated with great success in the aftercare program at Poinciana
Elementary School for three years, and has received $23,000 in grants from the City of Boynton
Beach to offer the program through its Youth Violence Prevention Project.
Over the past few months, we have partnered up with the DeVos-Blum Family YMCA,
Boynton Beach Parks and Recreation and Palm Beach County Parks and Recreation to offer our
classes to county schools and youth in and outside the city of Boynton Beach. We also are
teaching the HOFNOD course to needy students at Title 1 schools like the Seagull Academy for
Independent Living, a charter school for economically disadvantaged, intellectually and learning
disabled children in Lake Worth. We currently have 320 students enrolled in our program and are
about to start our summer camp program. We expect to have almost 500 children this summer.
We have handed out almost 900 fishing rods to deserving children.
But funding continues to be a challenge, and a number of opportunities - like partnering
with the Department of Juvenile Justice and widening the net to first-time youthfUl offenders, a
particularly needy population of youth - sit idle because of a lack of funds to make them happen.
Still, we have had exciting new developments on the funding front: The city of Boynton
Beach is about to give us a building in an opportunistically located city park in exchange for
programming hours. We are also going to start a program for children in wheelchairs. We are
very excited and grateful to have been given this opportunity, However, the building is old and
needs some updating. We need around $15,000 to repair, stock and furnish the building with
-needed equipment. This building wilt be a location for kids to build lures, rods and hang out. We
will also have a rod and reel loaner program and offer free bait for our students. It will also serve
as a gift Shop where we will sell bait, tackle, ice, snacks, t-shirts and other goods. Once running,
the sales will help us finance future programs. With the help of the Samuel W. Klein Charitable
Foundation, Michael and Kitty Dukakis, Chops Lobster Bar, City Fish Market, Tarpon Bend,
Bonnie Dipacio, Publix and Paskoski Construction, we have raised almost $5,000 in cash
already. Other sponsors include the South Florida Water Management District, DeVos-Blum
Family YMCA, Florida Panthers, Florida Marlins, Youth Violence Prevention Project, Fish Florida
Tag, Miami Dolphins, Tuppen's Marine, Go To Web Smith, Daiichi, Boca Tanning Club, Eleven,
N.Y.P.D, Pizzeria, Susy Personal Trainer, I.G,F.A., Water Message Salon and our dedicated
board of directors.
That's where you come in. Join the team. Donate. and help us build a healthier future for
today's youth and tomorrow's environment. The building needs to be resurfaced with stucco and
a 6" band placed around the doors and horizontally around the building. It is 1000 square feet of
surface area and 250' of banding. We will prep and clean the building prior to your arrival. We will
also layout all of the banding. If you can help, please call me.
. ...-.-::;:::>
~~...:i~_,,_
~- r
Captain Richard Brochu
Florida Fishing cerny
. sula Court
e Worth, Florida 33467
561-740-7227
~ich@floridafishingacademy .com
Fishing academy aims to create ethical anglers -- South Florida Sun.Sentinel.com
Page 1 of 1
sun -senti ne I. com/news/local/palm beach/sfl-boynton- fi sh in g - fair-p060709, 0,7525285 .story
South Florida Sun-Sentinel.com
Fishing academy aims to create ethical anglers
By Maria Herrera
South Florida Sun-Sentinel
4:55 PM EDT, June 6, 2009
Boynton Beach
On Saturday, Ruiz attended the academy's Fishing Fair, a
fundraising event that featured fishing, bounce houses and
raffles. The fundraiser aimed to collect $5,000 to rehabilitate a
building at Boat CJub Park in Boynton Beach where the academy hopes to conduct classes.
Pablo Ruiz said he had caught "the biggest" fish of the day: a 3-
foot catfish in a pond at Caloosa Park.
"(love fishing," the IO-year-old said Saturday as he tied fresh
bait to a circle hook. "They taught me in school. They taught me
all about tying knots and releasing the fish."
Ruiz is a student with the Florida Fishing Academy, a nonprofit
that runs a program to teach children to be ethical anglers: Catch
and release; use circle hooks; only take what you can eat; and
care for the environment where the fish live.
And though the funds came up a bit short, the dreams are big.
"I'd like to see this program as an educational supplement in the school system," said Rich Brochu, who started
the program as a part-time hobby three years ago but has made it his full-time job. "If children are going to take
up fishing, we want to make sure they do it right."
Brochu, whose wife Nicole Brochu is an editorial writer for the Sun Sentinel, said the program helps middle
school-aged children appreciate nature and science.
First-timer Katie DiViney, 4, had already learned some of the basic lessons Saturday.
") f it's a little fish you have to put it back because his body is too small and there's not enough to go around for
everyone to eat," she said. "My favorite part is reeling them in."
For more information about the Florida Fishing Academy visit wwwj1oridajishingacademy.com Maria
Herrera can be reached at meherrera@Sun-sentinel.com or 561-243-6544.
Copyright @ 2009, SQlJth Florjd~LS1Jn-Sentinel
http://www.sun-sentinel.comlnews/local/palmbeachlsfl-boynton- fishing- fair-p060709 ,0,29... 6/14/2009
~oynton facility strives to keep youth off streets
Page 1 of3
PalmBeachPost.com
(!@ PRINTTHIS
Boynton facility strives to keep youth off streets
By SAMANTHA FRANK
Palm Beach Post Staff Writer
Thursday, April 02, 2009
The Youth Empowerment Center in Boynton Beach might not look like much: a
small classroom with several computers, board games, video games and a
television. But for about 80 young people each week, it is a second home.
The center is the outcome of a study initiated by the Palm Beach County Criminal
Justice Commission, The study found that most of the violent crime offenders in Palm Beach County
were adolescents or young adults between the ages of 15 and 24.
'"
Eliza Gutierrez/The Post
Jevonte Walker, 12, a sixth-grader at Odyssey Middle School, tries to get a grip on his catch with the
help of captain Bob Cawood, from Florida Fishing Academy, as Jordain Long, II, a fifth-grader at
Galaxy Elementary, looks on. Cawood leads the Hooked on Fishing, Not on Drugs fishing clinic for
teens through the Youth Empowerment Center, which provides afterschool activities for teens in low-
Income areas.
Neighborhood Post
Southern PBC
.click here for the latest news, sports. neighbor profiles and calendars.
. StateJl_~ws
http://palmbeachpost.printthis.clickabi lity .com/ptfcpt?action=cpt&title= Boynton+facility+ '" 4/21/2009
~ . Sunday, March 30,2008. PN
,:t. -leYITOM:
..Jl
S~~SAN BRVNlt, 561-243-(i698, sbtyantCi'sun-sentinel.com
';.- ..f
":-, .
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NUTS MD8iOLT$:Jf~ilk:hartflkpchu,421 of Lake Worth, shows students how to Inake a fishing rod during Poinciana ~~ .
Schoof's .~ bfiR$hing, NOt on Drugs" program, part of the Yoom Violence Prevention Ptoject.FPG file Photos/Marta NitkuiIri..
Hooked' on
FI- -
. .!. . ." '. '.,
not on
5.....
. .
Boynton Bcm:h;~ teaches kids
Po.. .~ --~~.,
at .~~~ii_,a~e'uVvv7.
BY-MlCf~ .
FORUM~~
80YN'l'QH B,JlACH . Abby Ectles, 11, saidberparents,
Ralpban4~. haye~",ftSllandprobablynev.
erWill. Bttt~_Yrehappy.;their.ug&.ter isl~g about
the~ in8teadOf~intt)ttOdble.. .
Abby, afiftb-(rtder atPQiadf1118 ~melltary School,
gaitS to "Hooked on Fishing~ Not on Drugs," an after-
school program that .ruDsfrom 2:-30to4 p.m. every other
MondaY. .
The program started withtbe school year in August and
runs through the end of May.
About 20cbi1dren ftomJWricilma are enroDed in the pro-
gram, wbidlLsdesipledto~ qilldren focused on a safe
hobby, iJ;lsteadof roaming the stret!ts, said instruCtor Rich.
ard~42. .
'fixe ,roJratnincltlde$2~ hours j)f class work and 20
hOursof~,U1pS.
..Ft5tftNG CONl'lWUfS ON .19
~~~;.(,"~!~h~ ..
.€~,~{r.:'~_~i_~:~;[;-~':~:_~~~__._ ".<
CAREflJL.~OGmieMetQlf, 12, of Boynton Beach, carefuUy ap-
plies ~ to a fishing rod at Painciana8ernentary.
'''' "'.," .'..~ ~., .,",. >1~w.~ltt"~""'I;lt'I'~~i>.-.~ ~}.~.~~~~~':'Y<'..,.,.),~,~".,,"~ ""'M'.~~,"""~,V.m~~~..<;.'7~~- '..~. "'m.!NI~:""""ItW~\"I9Il'~~~
PN . Sunday, March 30, 2008 ' SUN-SENTINEL.COM . SOUTH FlORIDA . "
. FISHING
COtllTtNUED ~ROM PAGE 1
"I have learned about all you
can about fishing this year,"
Abby said. "My friends and I
go to our community lake in
Lawrence Grove, and we fish
and talk. My parents love tbat I
am focused on learning, even
if it is fishing."
"Hooked on Fishing - Not
on Drugs" is one of several
prc:>grams Boynton Beach has
started in the past year.as part
of the Youth Violence Preven-
tion ProjeCt. The project is
headed by Vice Mayor Jose
Rodriguezand~sspawned
by gang activity, inclttding the
December 20013 slaying of
gang member BerM Char le-
mond at the Boynton Beach
Mall.
"This program is ODe of
many that we fund t:hrpugh the
prevention program," Rodri-
guezsaid~ "We feel that it is im-
portant to teach these children
about wnservatio1'1 and natu-
ral resources. Fishing is one of
those resources."
The city kicked in $10,000
last year and approved another
$5,000 for this year, Brochu
said. He has received 400 fish-
ingrods and $1 ,000 from ~ Ii-
censeplate Fish Florida, and
about $5,000 in d.onations
since he started.he said.
The children have learned
how to fix fishing rods. how
they ~nd naturally, how to
build rods from scratch and
custom,ize them, and how to
hook fish. Brochu said.
"We even bringin experts
who Showthe kids how to han-
dIe the fish and teach them
what the regulations offismng
are," BrochU said. "One of our
c:1asRs is how to fUet fish, and
this year we're actually going
to have a fish fry."
1be program is certified by
the FlQI'ida Fish and Gaming
Comrnissiunand is taught in
13 states; accordingto :8rocbu.
The city~ a second pro-
gram Feb. 13fr()m6to8v.m.
Wedl1esdaya at the Sims Cen-
ter at Wilson Park, Brochu
said. The'progra'm runs
througb May.
Gloria Glbson; aiter-S(:hool
director atPoinclana Elemen-
tary, sid~Brochuapproached
herwiththe program idea and
that he supplied everything.
"All 1 had to do waS sign the
kids up, " she said; "Richard is
wonderful:. He relates so well
with the children, and they
seemed so intent on Ieaming. "
Brochlltak1!S the students
fishing four times a semester,
once in the Boynton Inlet,
twice on the chartered Sea
Mist and once on private
boats.
Brochu is a former Delray
Beach police officer. Nowa
building contractor and. real
estate broker, be snunbled up-
on "Hooked on FisbingNOt on
Drugs" Uu'ough the Internet.
"I'minto fishing, and it just
seemed like a good fit," he
sai4. .
Shaw POOJiaDowski, 10, has
been fishing with his fatber,
Scott, since he was 2.
"I have never been in any
club like this before, though,"
he said.
Shaw said he thought he
knew all there was to know
about fishing.
"I was wrong," he said. "1
learned all about fly rods and
saltwater fishing. You see,!
usually go freshwater fishing
with my dad, but not salt wa.
ter."
For information ab~ut the
program, call Brochu at
561-740-7227.
Forum Publishing Group is a
subsidiary of Sun-Sentinel
Co.
Mike Rothman can be
reaChed at mkrothman@trib-
une.com.
,.... "H:~,; :lI;
Plan aims to help the Everglades
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Iill~
Seagull Academy for Independent Living
Re: Florida Fishing Academy
To whom it may concern:
Seagull Academy for lndependent Living is a public charter high school for students with
intellectual disabilities. Most of the students are of borderline lQ who experience difficulty in all
general academic areas, although we do have some students who demonstrate much more severe
cognitive deficits. At Seagull Academy, our goal is to provide a functional and practical
education in reading, math, vocational and personal/social skills, with the hope that our students
will graduate with the ability to live productive and independent lives.
In December of 2008, I learned of the Florida Fishing Academy's Hooked on Fishing.
Not on Drugs program. As most of my students reside in socio-economically depressed areas, I
was extremely excited to learn of this program. I contacted Captain Bob Cawood, who was
exceedingly helpful and enthusiastic and scheduled a date upon which the program could start.
Soon after, I was disappointed to learn that this program was sponsored by the YMCA only as an
after school program, which we did not have.
Thereafter, the remarkable generosity and commitment of both Captains Cawood and
Brochu became apparent. Although they were receiving no funding, from us or any other source,
they faithfully visited our students each week for two hours. I was amazed to discover that most
of our students were extremely interested in fishing! They were overjoyed when Captain Brochu
presented each student with his/her own fishing pole and tackle box. Captain Cawood took them
to Lake Osborne one afternoon to test out the new equipment, and at least one of our students
caught his very first fish. Throughout the semester, both gentlemen displayed remarkable grace,
compassion, patience, humor and ability in instructing our sometimes challenging student
population.
Students, as well as staff, at Seagull Academy have been truly blessed by the Florida
Fishing Academy, and I would welcome the opportunity to answer any questions that you may
have about our experience.
Very truly yours,
Christine B. Farley
An Affiliate of Seagull Industries for the Disabled, Inc.
An appruved charter school by the School District 01 Palm Beach County
180\ 12'" Avenue South - Lake Worth. Florida 33461 _ 561-540-8110- Fax 561-540-8331
sai I(Cilsea@.ull.or!!
A Title I School
November 21,2007
Dear Rich,
I just wanted to thank you for all the time you have spent with Donnie. He only stays in
aftercare so he can be part of your Monday fishing club. For at least an hour, Donnie
talks about everything you covered during the meetings.
I also wanted to let you know how wonderful it was that you took Donnie on his first
fishing tournament and showed him how to fillet the fish he caught. Fishing can't be all
fun and when you took the time to show Donnie some of what is involved in taking care
of the boat after fishing I believe that has helped him appreciate you even more.
Sincerely,
Vickie Virzi
4622 Jill Place
Lake Worth, FL 33463
561.306-9363
To whom it may concern:
From: Heather Emerson, After School Director, Highland
I am the after school director at Highland Elementary. This year we were very fortunate
to receive a few grants that were used to have an array of different programs here on
campus for our students. One program that we had was the Florida Fishing Academy.
When I first told the students they weren't as excited as I thought they would be,
especially a lot of the girls, but that all changed after our first class with Bob. My
counselors told me that they had never seen the children so well behaved for a vendor. It
only took a few minutes to get their attention and from that day on they would ask
everyday if the "Fishing Guy" was coming to after school.
One of the first times the students went fishing, was outside in back of our building. I
though about what they were going to use as hooks. I remember walking outside with my
Assistant Principal and a plastic fish flew right by me head. He teaches them with
colorful plastic fish. By the end of the day they all were learning how to cast. The lessons
that go along with the fishing are also wonderful and the students really pay attention to
what he has to say. I would definitely recommend having the Florida Fishing Academy
come out to any program. It is a great opportunity for everyone, especially for those who
have never fished before. After this program, they could go home and teach their family
and friends the art of fishing.
Sincerely,
Heather Emerson
561-202-0530
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POINCIANA ELEMENTARY
MATH{SCIENCE{TECHNOlOGY MAGNET SCHOOL
1203 N. Seacrest Boulevard
Boynton Beach, FL 33435
Phone (561) 369-7094 Fal( (561) 364-7947
Pe.te,,1:. stack
P~tncipaJ
30sepk Schneide...
;Assistant P~incipal
To Whom It May Concern:
I am the after school coordinator for Poinciana Elementary
School in Boynton Beach. Our school is a math, science and
technology magnet school. We- rely on innovative programs,
community support and initiative to keep our classrooms full.
When Mr. Brochu approached me with an idea for an aftercare
fishing program, I became very excited. I immediately received the
approval from the principle and assistant principle to move
forward. Since then, Mr. Brochu has taken the initiative and
created an innovative program that will work well in our school. I
have no doubt that this program will be a success. Once this
program is fully developed, I would not be surprised to see it
added to our regular curriculum. If you have any questions, please
contact me.
.~......
Si?~e,~elY}-/ ')
V' i.lLL"-../ _.-_/~
G~~ria Gibs .
SACC
561-374-7235
Richard Brochu
From:
Sent~
To:
Cc:
Subject:
The Youth Activity Center (yacen'ier02@yahoo.comJ
Wednesday, March 04, 2009 2 ' 2:)M
rich@f1oridafishingacademy. C::'~"
yacenter@aol.com
Summer Fishing Class
Hi Richard,
As per our recent phone conversation, I am writing this letter to confirm the fact that
the Youth Activity Center is very interested in setting up a schedule of classes to teach
our children the fundamentals of fishing. OUT children's ages are 5 years through) 2 years old. Although, our
summer camp is just now being set up, we anticipate about 70 children. OUT Center is a non-profit 50) ( c) 3
organization providing after-school, holiday and summer programs to the low-income families in our
community.
As I mentioned on the phone, we are just waiting to hear from our tennis instructors regarding the days and
times for our summer, and then we can set up a fishing schedule.
Thank you so much.
Sharon,
Sharon Kudrowitz, Program Director
9400 West Palmetto Park Road
Boca Raton, FL 33428
yacenter02(tl>yahoo. com
The Center for Youth Activities, Inc.
P.O.Box 970873
Boca Raton, FL 33497
56] .883.9325 (main)
561.883.9] 24 (facsimile)
The
Ci~f
West 'Palm 9Jeach
"The Capital City of the Palm Beaches"
January 26, 2009
Team Reel Estate, Inc., d/b/a Florida Fishing Academy
Capt. Rich Brochu
7067 Peninsula Court
Lake Worth, FL 33467
Capt. Brochu:
The Youth Empowerment Center requests The Florida Fishing Academy offer its Hooked
On Fishing-Not-On Drugs program to the teens of the youth empowerment program in
West Palm Beach, Florida.
When the City of West Palm Beach began experiencing an escalation of youth gun
violence in 2006, it partnered with the Palm Beach County Criminal Justice Commission
and a host of public and private service providers to create a facility especially designed
for teens aged 12 through 19. The youth empowerment program, part of the Youth
Violence Prevention Project, is funded in part, by a grant from Palm Beach County
Government. The YEC was developed through direct participation of inner-city youth,
government officials and program service providers to keep teens off the streets and
address their needed social, life skills, and educational development. Since the center
opened in March 2007, more than 450 inner city teens have registered in the program.
The Florida Academy's Hooked on Fishing-Not-On Drugs program will assist the YEC
in reaching its targeted group - teens. Your program will teach teens the love for fishing,
educate them of environmental conservation, and help to reinforce and support programs
offered at the center; such as, Gang Resistance Education and Training - GREAT,
Students Against Violence, LeBdership Development, Job Readiness, Tutoring, Computer
Technology, and Audio Visual.
The Northwood Youth Empowerment request The Florida Fishing Academy offer the
Hooked On Fishing-Not-On Drugs program to the teens of the Youth Empowerment
Center.
Sincerely,
R Reed Daniel
Campus Manager, Youth Empowerment Center
"It Starts in Parks"
RICHARD BROCHU
From:
To:
Sent:
Subject:
Hi Rich,
"Jud Vanderlaag" <judvanderlaag@bellsouth.net>
<countrywiderealty@msn.com>
Wednesday, November 21, 2007 2:22 PM
RE: Fishing Academy
Sorry for the delay in getting this note out to you but wanted you to know how much my 2 boys enjoyed the week
that they spent at your Fishing School. They learned a lifetime of knowledge regarding salt and even fresh water
fishing running the gamut from .planning and preparation to go fishing" to the "cooking and eating of the day's
catch." It was intense they said and they were dead-tired when they got home and but both had smiles on their
1aces. They even seem to get along better now!
Thanks again and keep us in the loop for upcoming classes and events!
Jud Vanderlaag
2997 Needham Court
Delray Beach: FL 33445
Cell: (561) 542-8876
Fax: (561) 637-4649
E-Mail: iV9YJ!.nderlaag~bellsouth.net
1112112007