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Minutes 10-20-15PRESENT 1. OPENINGS MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 20, 2015 @ 6:30 P.M. Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:31 p.m. A roll call revealed all members were present. Invocation Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Pledge of Allegiance to the Flag led by Commissioner McCray The Invocation was offered by Commissioner McCray, who then led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof added two items to Consent Agenda. One was for a partial release of a property from a Unity of Title. The second was to correct a reference in the ATS (American Traffic Solutions) agreement to reflect Palm Beach County rather than Broward County. Mayor Taylor added the items as 6.K and 6.L under Consent Agenda. Mayor Taylor noted Item 13.A would be left on the table for further changes. Commissioner McCray noted Item 12.B. should be corrected to reflect "sign" rather than "sing" on the last line. 2. Adoption 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Commissioner Merker moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission OCTOBER 20, 2015 Commissioner McCray attended the funeral of Elizabeth Jenkins and thanked Eleanor Krusell, Communications Manager, for composing the Tribute honoring Ms. Jenkins. It was greatly appreciated by all. He reported the Fall Festival at Intracoastal Park was well attended and commended the Recreation and Parks Department. At the Non - profit Showcase held at Bethesda Hospital, Commissioners McCray and Fitzpatrick sat with the father of a Lynn University student who lost her life in the Haiti earthquake. Commissioner McCray graduated from the College of Boca Raton, now Lynn University. Commissioner McCray also attended Music on the Rocks Friday night and the Wildcats homecoming game on Saturday. He was appalled with the condition of the press box at the field and noted unless Commissioners attend events, the disrepair goes unnoticed. He hoped facilities would take better care of what is given from the citizens of Boynton Beach. The Gospel Program at the amphitheater attracted a good crowd and he was pleased to meet the citizens of Boynton Beach. Commissioner McCray was proud to be present for the swearing in of the Assistant Police Chief, Vanessa Snow. Commissioner Merker commented on the passing of a young man, Corey Jones, and had spoken with Reverend Sylvester Banks, his grandfather. He offered his condolences and prayers to the Banks and Jones families. He concurred with Commissioner McCray about the press box at the Wildcat games. It should be cleaned up because it is an excellent program. Commissioner McCray interjected that Corey Jones' grandmother, who passed just a few days prior, was his God sister. The family thanks everyone for their kind thoughts. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Vice Mayor Casello indicated he had a long- standing friendship with the father of the Lynn University student who had died in Haiti. He is a successful builder and developer in Massachusetts. After the Haiti earthquake, he got involved with the Haitian community and built an orphanage in Haiti, adopting 66 children that he supports and maintains. He would be working with the local Haitian community in Boynton Beach and in Haiti. Vice Mayor Casello looked forward to being a part of the efforts. Vice Mayor Casello had gone to the Wildcats homecoming and noted the facilities are rundown. It is a mentoring program with the inner -city youth. There are over 200 volunteers who teach football and team work, mentor them in schools and in social lives with discipline guidelines. It is much more than football. Commissioner Fitzpatrick had gone to the Metropolitan Planning Organization (MPO) meeting, the South Central Wastewater Treatment meeting and the Non - profit Showcase at Bethesda Hospital. He had also gone to a couple Save Boynton High meetings. Mayor Taylor had gone to the Fall Festival that was attended by 500 to 600 children and their families. There were many activities for the children and he commended the Recreation and Parks staff. Mayor Taylor went to the Bethesda Showcase for non- profits that was excellent. He would be attending a CRA conference in Tampa for three days. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors regarding the Tennis Center hosting the Rally For The Cure event, which will be held on Saturday, October 24 beginning at 10 a.m. Wally Majors, Director of Parks and Recreation, announced the Go for Pink event at the Tennis Center to raise funds for the Rally For the Cure addressing breast cancer research. It would be held on Saturday, October 24th beginning at 10 a.m. Mr. Majors also announced on Monday, October 26 at Intracoastal Park Clubhouse at 6.30 p.m. would be a meeting for the public to present comments and ideas for updating the Master Plan. The meeting would be hosted by the Recreation and Parks Advisory Board. B. Announcement of the Community Redevelopment Agency's (CRA) Boynton Beach Pirate Fest and Mermaid Splash. Pirates captured the Commission Chambers and announced the 4 annual Spooktacular Event and Pirate Fest to be held October 24 and 25 from 11a.m. to 9 p.m on Saturday and 11 a.m. to 7 p.m. on Sunday. It is a free event with acrobats, 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 jugglers, and a wheel of death, mermaids and fairies. The event is sponsored by the CRA. He invited everyone to attend the event and enjoy the family entertainment. 4. 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) Suzanne Ross, Director of the Schoolhouse Children's Museum, gave an update and noted visitation was up 16% and membership sales up 38% over last September. October special programs included a pirates' day, painted pumpkins and the haunted house as part of the Pirate Fest. The Museum would be hosting Costumes and Cocktails on Friday evening for adults. The Museum would be closed for the transformation. Harry Woodworth, 685 NE 15 Place, President of INCA (Inlet Cove Associations), thanked Ms. Springer from Code Compliance for meeting with INCA residents. Many issues got resolved. He suggested citizens not be bounced around from department to department without speaking to the proper person. He noted Mr. Groff in Utilities always responded to their requests. He commended the Chief of Police on resolving the parking along Federal Highway by U -Haul vehicles. Commissioner McCray interjected the public should be informed about the Read for the Record event, reading Not Norman, a goldfish story. John Durgan, Special Projects Coordinator, City Manager's Office, explained it is a national campaign and the City partners with the Palm Beach County Literacy Coalition. All the municipalities participate and citizens can register to read to three to five year olds at the day care centers and elementary schools. The goal is to build awareness of reading and education. The City has won the title in Palm Beach County for two years for having read to the most children. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Senior Advisory Board: 1 Reg and 2 Alts Motion Commissioner Merker moved to appoint Kim Weiss as a regular member of the Arts Commission. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 6. 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. PROPOSED RESOLUTION NO. R15 -132 - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. B. Approve funding in an amount not to exceed $12,000 for a Rent Reimbursement Grant to Driftwood Ales LLC, 108 Commerce Road, Boynton Beach, Florida, 33426. C. Approve a one year piggy -back of the State of Florida contract no. 41120000 -15 -ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not -to- exceed amount of $40,000. The City's purchasing policies allows the utilization of the State of Florida contracts. D. Approve utilizing the State of Florida Contract number 43211500 -WSCA- 15 -ACS for the purchase of Dell desktop computer and monitors for various City departments for the amount of $29,998.23 E. Approve the extensions for RFPs /Bids and /or piggy -backs for the procurement of services and /or commodities as described in the written report for October 20, 2015 - "Request for Extensions and /or Piggybacks ". F Approve purchase of Faro Focus 3D Scanner and all other necessary equipment from FARO Technologies of Lake Mary, FL as a sole source purchase in the amount of $77,483.20. To be funded from Federal Forfeiture funds. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL G. PROPOSED RESOLUTION NO. R15 - 133 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. H. Approve the minutes from the Regular City Commission meetings held on October 6, 2015. Accept the written report to the Commission for purchases over $10,000 for the month of September 2015. J. PROPOSED RESOLUTION NO. R15 - 134 - Approve Amendment #1 to the Agreement between the City of Boynton Beach and Boynton Beach Faith -Based Community Development Corporation for $120,000 of funding from the Heart of Boynton Beach -Model Block Project Activity that was adopted on August 4, 2015 as part of the Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2015/2016. 7. BIDS AND PURCHASES OVER $100,000 Motion A. Approve a one -year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with a freight increase of $1.20 per ton, with Lhoist North America. This product will be ordered on an "As Needed" basis for the anticipated annual expenditure of $320,000. Commissioner McCray moved to approve the extension. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING OCTOBER 20, 2015 7 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. A. Approve request for Conditional Use / Major Site Plan Modification for additions of a 13,087 square foot Elementary School / Early Childhood 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road within the R1 -AA (Single - Family Residential) zoning district. Applicant: Dustin Mizell, Dustin Mizell Landscape Architecture. Attorney Cherof administered an oath to all those intending to testify. Dustin Mizell, of Dustin Mizell Landscape Architecture and a board member of Lake Worth Christian School, introduced his team for the project. He thanked City staff for their cooperation and especially Ed Breese, Planner, for his assistance. The timeline for the project had to be accelerated based on the pressing timelines for the school. It was hoped the new facilities could be open and operational by the next school year. The School had previously submitted a site plan approval for an early childhood education and development center. The project was approved in 2007 with three, two - year extensions granted that expired this year. The delay was due to the downturn in the economy, increase of VPK programs in the community, and the needs of the school changed. The site plan adds a 13,087 square foot educational building on an undeveloped piece of land. There is also a 6,000 square foot athletic center. The elementary school is near capacity and the desire is to add an additional class for each grade up to the sixth grade. It will reduce class sizes and afford a better student to teacher ratio. There will also be a 13,001 square foot general use building for a chapel, class meetings, school plays, and physical education classes. The size of the endeavor has decreased since the first site plan wassubmitted by approximately 9 %, resulting in less traffic and student impact Traffic concerns have been addressed with staff and the neighbors to the south. The plans were presented to the residents and issues discussed. All traffic would enter by the south drive to four different drop -off areas with ample stacking available. Staggered school times would ensure a smooth traffic flow. There are no backup issues along High Ridge Road currently or in the future. Once capacity at the school has been reached, the traffic flow could be re- evaluated. It would be a phased project. The elementary school expansion would be phase one. Phase two would be the general use building and the athletic facility. There are some minor changes with new pedestrian access, additional handicap accessible space, slightly expanded playground and outdoor play area, mechanical area and a dumpster. The visual impact to the neighbors includes retaining walls and the facility is sunk down with existing significant landscape buffers. The adjacent properties are higher than the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL school. The proposed additional landscaping would mitigate any visual impact concerns. It would be more than Code minimum. There would be thick foundation plantings and additional canopy trees as well. Commissioner McCray disclosed Dustin Mizell was not related to anyone at the Roy Mizell & Kurtz Funeral Home where he is employed. The architect explained the style of the existing, adjacent elementary building was matched with a very residential feel. There are slopped roofs with tiles. A soft yellow color would be used to attempt to make the facility even more residential. The secondary building is athletic in nature and very non - descript with low slopped roofs and very little impact. Mr. Mizell agreed with all the conditions of approval. OCTOBER 20, 2015 Mayor Taylor disclosed he had met with the leadership of Lake Worth Christian School to discuss the plans and the expanded campus. It was noted the Planning and Development Board recommended approval of the request. Vice Mayor Casello's concerns with parking had been discussed at the Planning and Development Board meeting. He asked how the staggered start and finish times coordinated with the neighboring charter school. The School Superintendent responded the other school did not start until about 9 a.m. All of the Lake Worth Christian students would be in session at 7:50 and the secondary and elementary at 8:10. There should be no relationship between the traffic for the two schools. Vice Mayor Casello noted there were 183 units of housing to be constructed at the corner of Miner Road and High Ridge Road. He was unsure of the impact on the traffic flow when that project was completed. The County Engineering had recommended a turning lane, but it was not required. The other residential development did not feel a turning lane was necessary. Vice Mayor Casello asked if there would be a security bond held until the traffic study is done when the school reaches capacity. Ms. LaVerriere understood a surety bond would be held should a turn lane have to be designed and constructed. Andrew Mack, Interim Director of Development and City Engineer, confirmed a bond was being required. If there were any observed deficiencies after the construction at the school or upon reaching peak capacity, an analysis would be done. Staff would do the analysis. The amount of bond would be based on the engineeers' estimate which has not been submitted as yet. The formula is 110% based on the engineers' estimate of the design, construction and permitting of the turning lane. It would be approximately $200,000. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion OCTOBER 20, 2015 Vice Mayor Casello moved to approve the Conditional Use and Major Site Plan Modification. Commissioner Merker seconded the motion. Vote The motion passed unanimously. B. PROPOSED ORDINANCE NO. 15 -029 - FIRST READING - Approve amendment to Chapter 14, Section 14 -9 -- Disabled Parking Regulations to be consistent with Florida Statutes. Attorney Cherof read Proposed Ordinance No. 15 -029 on first reading, by title only. Motion Vice Mayor Casello moved to approve the amendment. Commissioner Fitzpatrick seconded the motion. Commissioner McCray noted the information indicated there would be a decrease in revenue in the General Fund of $40,000 to $60,000 per year. Ms. LaVerriere indicated renovations are ongoing for ADA improvements to the restroom facilities at various locations. In looking at the current regulations and attempting to better align them with the Florida Statutes, the cost of the ADA improvements was addressed. It was determined it would be appropriate to use one - third of the revenues from the handicap parking fines to fund the ADA improvements. The improvements are quite expensive and there are numerous projects. It would be an appropriate use of the revenues. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 15 -030 - FIRST READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section D, Use Matrix & Notes that support continued operation of existing gas stations in desirable locations within the City by, in part, changing the permitted and conditional use status for Gasoline Stations within the C -2, C -3, C -4 and PCD Zoning Districts, and the addition of Gasoline Stations as an allowed use within the Planned Industrial Development (PID) Zoning District. Applicant: City initiated. Attorney Cherof read Proposed Ordinance No. 15 -030 on first reading, by title only. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Mike Rumpf, Planning and Zoning Director, advised this was an advertised item and public comment should be allowed. Two public hearings are required. The study of staff quickly identified an issue with the regulations on gas stations. Out of the 18 gas stations within the City, nine are legally non - conforming. They can continue in operation but do not comply with the regulations. The proposed changes would maximize the number of gas stations that conform. None involve issues with land use capability. detriment to the residents and some are in better locations than others. Two of the gas stations are within the CRA area and will be studied further through the consolidated plan and CRA plan update. There may be a different vision for the properties along the entrance corridor into the City that may not support a standalone gas station use. The others are made conforming by the changes in the regulations. It involves business separation from residential, intersection locations, zoning district regulations and amending the PID (Planned Industrial Development) regulations to allow there within a PID district. One currently exists. The changes would allow gas stations as accessory uses for large retail. Commissioner Merker clarified the regulations do not have to be met by the existing owners. Mr. Rumpf advised under the proposed change that was correct. It would exempt them from the non- conforming site requirements. The existing properties could be sold as long they have an active Business Tax Receipt and approval through the City's offices. Mr. Rumpf explained staff had researched the generator readiness of the stations. There is a State law that mandates new stations and substantial improvements to existing stations to meet a specific criterion such as being on a hurricane evacuation route and have 16 pumps or more. At this time, 7 of the 18 stations are generator ready and one has a generator on site. All of the stations are within one -half mile of the hurricane zones and on arterial roadways. Commissioner McCray understood this arose from a request to put a gas station at Rainbow City Grocery on Seacrest Boulevard. Approval of the amendments would not allow a gas station at the Seacrest location. Mayor Taylor opened the issue for public comment. No one came forward. Motion Commissioner McCray moved to approve the amendments. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 10. CITY MANAGER'S REPORT OCTOBER 20, 2015 A.. Discuss the recommendation from Recreation & Parks Director Wally Majors to allow registered members of the Academy of Model Aeronautics (AMA) to fly battery powered, electric, radio controlled (RC) helicopters and multi - copters (aka: drones) at the Hester Park football and baseball fields. The members would participate as part of a chartered "club ". A short PowerPoint presentation is included. Commissioner McCray mentioned there is one elementary school and one high school that participate in an aeronautics program. The impact on the children with the planes and drones is overwhelming. After hearing from the citizens and staff, he changed his mind and would be in favor of the program. Mr. Majors thanked Commissioner McCray for his support. The primary focus is on radio controlled aircraft such as helicopters or quadcopters. The City could host the activities without making any changes to the existing facilities. A more elaborate program with model aircraft would involve building a landing strip. In researching the subject, it was found the Academy of Model Aeronautics (AMA) acts as a liaison between the lobby industry and FAA (Federal Aviation Administration) that created a set of guidelines for the use of radio controlled aircraft in an appropriate and safe manner. It can be a very worthwhile recreational activity. The County works with the organization. A club would have to be created and allowed to operate at the facility to become a charter member of the AMA. The charter club would then be allowed to provide the City a $2.5M general liability insurance policy listing the City as an additional insured. It would protect the City from any potential risks inherited by the venture. The search for a location included a facility with few obstructions, plenty of space, area that could be designated as a flying area and public interest. It is something young adults and teens enjoy and is becoming more prevalent nation -wide. Scheduling would have to be addressed. The opportunity for partnerships became evident quickly because there were opportunities to build relationships with the schools. There is also an economic impact. The Hester Center has beautiful athletic fields in the back and a 17,000 square foot recreation center with a full -size gym, game room, computer lab, meeting space that could lend itself to a conference, to bring people to the Hester Center and showcase its amenities. Three of the larger parks or community parks have a variety of amenities and some type of center. It allows staff to be on the ground. The buffer with the residential area is minimal to none at Wilson Park. Barrier Free Park is very dense with very little available space. Hester had ample space. The fields are used for football between August and 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 November. They rest for a couple months and then used extensively for soccer. The proposed activities can be ongoing while other activities are being done. The aircraft simply land down and can operate in an area that is not necessarily totally flat. The Hester facility is fenced in and has a natural buffer. It is a great opportunity to be one of the first municipalities to be able to host this type of activity. The flying area would be restricted within the boundaries of the fields. Anyone flying and aircraft at the site would have to be a member of the AMA and issued an ID card that would be displayed. Anybody 19 years old or younger can join the AMA for free. The guidelines would be the same as the County. The City would ultimately establish the guidelines, but the club would have their own rules approved by the City. It was hoped some of the times could be extended to allow the kids in the after - school program to experience the aircraft and perhaps create educational activities. There would need to be a formal agreement between the City and the Club. Vice Mayor Casello felt it was a great opportunity to partner with the schools and help the kids to get involved. He questioned the hours of operation. Mr. Majors advised he would meet with staff to establish the schedule. Midafternoon to late afternoon and maybe weekends hours were possibilities. Vice Mayor Casello inquired who would monitor the use and enforce the rules. Mr. Majors emphasized staff would not be onsite at all times monitoring the use. The identification card would be essential and if someone is out there flying, attention is drawn to the area. Staff is in the area on a regular basis and if someone is violating the rules, a warning would be issued and further issues could result in being prohibited from the area. Commissioner McCray wanted to be assured the practicing of the Wildcats football team would not interfere. Mr. Majors stated it would not interfere with the practices or the games. Commissioner Merker was initially against the idea, but heard the words club, control and organized and changed his mind. The key is it must be controlled and organized for the sake of safety. Commissioner Fitzpatrick was in favor of the proposal. Mayor Taylor was excited about the program. It would discourage people from flying them everywhere. He speculated sponsorships to improve the area may be a possibility. Commissioner Fitzpatrick reported a resident, Lak Kahlra, had offered his 23 acres to fly drones; however, he had not contacted Mr. Majors as yet. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion OCTOBER 20, 2015 Commissioner Merker moved to approve the program. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Authorize the expenditure of $1,000 from Commissioner McCray's Community Support Funds to the Dimensional Harmony Choir from Boynton Beach Community High School. Motion Vice Mayor Casello moved to authorize the expenditure. Commissioner Fitzpatrick seconded the motion. It was clarified the monies would be from this year's budget. Vote The motion passed unanimously. Mayor Taylor appreciated the donation and stressed more donations are needed, B. PROPOSED RESOLUTION NO. R15 -135 - Authorize the Mayor to sign an !nteriocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Housing Trust Group (HTG) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as South Side of Martin Luther King, Jr. Blvd. Project and sign any related application documents to confirm such support. Motion Commissioner McCray moved to approve signing the interlocal agreement. Vice Mayor Casella seconded the motion. Vote 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL The motion passed unanimously. OCTOBER 20, 2015 C. Discuss proposed volunteer cleanup event inside the Old High School in November, 2015. Commissioner Fitzpatrick commented volunteerism built the country. Boynton Beach is a strong supporter of Habitat for Humanity that is volunteer labor. There is also Kid's Kingdom that in 1996 took 1800 volunteers and $180,000 in wood, cinder blocks and cement to build the playground. The work took six months and the labor was more challenging with hundreds of power tools and no one went to the hospital. Working one weekend, mostly with brooms and shovels and wheel barrows is not a big deal. There has been a small group trying to save the Old School for a long time. There were at least 12 new people present wanting to volunteer and help. The Schoolhouse Children's Museum agreed their electrical outlet could be utilized and the water hose. Falling tiles were a concern and any entrance would have a safety roof consisting of two sheets of five - eighths inch plywood. Any other concerns would be dealt with such as asbestos. It has already been mitigated. In the few areas where asbestos remains, access would not be allowed. It is not a terribly dangerous thing to sweep it up. If Mr. Gonzalez's plans are accepted, it will be months before there is any activity. Rain will enter the premises, as well as cats and rats. If it is going to be saved, it would be good to temporarily patch the holes to make it more water tight. There would be no construction or rebuilding. It is mostly taking out and if it is demolished, it would help. There should be no objection to a work weekend and building community spirit. Commissioner Merker liked the idea, but had concerns about insurance and liability. Commissioner Fitzpatrick acknowledged it was a concern and had called an insurance carrier for information. He did not want any extra liability on the City. A liability form would be prepared and required to be signed. The number of workers would be carefully regulated and monitored. There would be crew leaders. There would be no freelancing. Commissioner Fitzpatrick recalled he had put $1,500 into the Foundation fund to be used for this project and Save Boynton High has collected approximately $2,000. With a definite use and need for money, donations would be forthcoming for plywood, other supplies and event insurance. Commissioner Merker inquired if an attorney has been consulted about the insurance, volunteer participation and the involvement of the City and any cost. Commissioner Fitzpatrick was confident any issues could be resolved. Mayor Taylor felt the intentions were well meant. However, the Facilities Director had informed the Commission the building is a hazard. There was no way, in good conscience, he could allow residents to enter a hazardous situation. Mayor Taylor suggested the City Attorney contact the City's insurance carrier to see if any coverage would be available. The signed waivers would not stand up in court. The court 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 disregards the waiver because there is prior knowledge of the hazard. It would open the City to liability and lawsuits. It could be months after the event that health issues arise. Mayor Taylor stressed a professional was assessing the building for the next four months. He would not send residents into the area knowing the conditions and he could not support the endeavor. Vice Mayor Casello asked about the liability coverage. Attorney Cherof replied it depended on the circumstances and sometimes they are not enforceable. Those type of cases turn on very specific facts that have not been pursued. Vice Mayor Casello inquired what the ladders would be used for and Commissioner Fitzpatrick responded people with construction skills could assist in bringing down the exterior, after added, AC units using re- enforced scaffolding and ladders. He would only allow skilled workers to do that type of work. Vice Mayor Casello commended Commissioner Fitzpatrick for his passion to get things done. Vice Mayor Casello had walked through and inspected the interior of the building. He had concerns with the second level flooring that would have to be repaired. The air quality is terrible. It was hard to breath and he felt respirators would be needed for any period of time. It was hoped Mr. Gonzalez would come back with a viable plan to save the school. The risk is not worth the challenge to attempt a cleanup and would not serve any purpose. He could not support the action. Commissioner McCray was in favor of waiting for Mr. Gonzalez's four -month study. Since fundraising is ongoing he asked for an update. Commissioner Fitzpatrick contended fundraisers have to be able to touch the goal and if denied, fundraising would fail because the people are not vested. If barriers are set up there will never be the kind of community involvement that is good. Commissioner Fitzpatrick had received word from Mr. Gonzalez hoping to immediately find the funding to install a tarp on any open holes and roof areas, and secure old broken windows and walis with plywood. Commissioner Fitzpatrick argued by not securing the building at this time it would be deteriorating even more and increase costs. As far as the hazard, Commissioner Fitzpatrick asserted the Mayor had been demonizing the building for 20 years. He has never allocated any money for preventing further damage. The plan was to keep the water out and clean it up to make the project more economical. It would help fundraising. Commissioner McCray pointed out the information from Mr. Gonzalez should have been shared with the entire Commission. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner Merker inquired if there was a timeline for Commissioner Fitzpatrick's endeavor based on the three concerns of legal, insurance and hazards being resolved. Commissioner Fitzpatrick agreed, but questioned why the work should be done if the Commission was going to stomp on the entire concept of restoration. Mayor Taylor would not support the plans and felt safety was the main concern that should be above everything else. Mayor Taylor questioned if Commissioner Fitzpatrick was a certified building contractor to oversee all the work. Commissioner Fitzpatrick advised he was a State certified building contractor. Motion OCTOBER 20, 2015 Commissioner Fitzpatrick moved to approve a cleanup event at the Old High School. Commissioner Merker seconded the motion. Commissioner Fitzpatrick suggested the public be permitted to speak. Mayor Taylor opened the issue for comment. Cindy Nye, 86 SW Green Cay, West Palm Beach, had grown up in Boynton Beach and attended the school. She asked if asbestos had been added to the building since the 60s. The six years she spent in the school as a student had not killed her. She grew up in a house that had asbestos flooring. She understood the structural part that might be dangerous; however, she did not understand how the remaining asbestos could be harmful. Mayor Taylor responded the Director of Facilities provided a list of hazards that exist. Vice Mayor Casello had gone into the interior of the building and the air quality was terrible making it difficult to breath and he saw a lot of mold. Ms. Nye did not feel the asbestos was such a big deal and she was willing to go into the building. Mayor Taylor appreciated her willingness to volunteer but he would not jeopardize her health and wellbeing. Commissioner Merker had faith in Commissioner Fitzpatrick. He would support the event if the insurance, legal and safety factors were addressed for the safety of the volunteers Debbie Lytle, 1700 SW 14 Avenue, contended it took passion and energy to get people involved in City activities. The City talks about partnership and community service, but it is disheartening to see the disinterest in the event. She urged the Commission to consider this as an opportunity to build public trust. Other people are entering the building to do inspections. Cleaning it up would help the City and reduce the economic impact on the proposal. Micheline Many, 1001 Coral Court, Treasure Island, had volunteered to help build the Kids' Kingdom and there were no injuries. She encouraged the City to support the cleanup efforts. It seemed to be a progressive movement. She felt protective clothing could be worn to deal with the asbestos. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Michael Wilson, 1224 Isle Court, would be one of several crew leaders during the cleanup. He had experience with a major electric utility and was certified by the State of Florida in construction technology, programs, conservation, hazmat materials and the list goes on. The key is safety first. Several of the volunteers have safety training. He realized some legalities had to be resolved first. The first study in 2003 revealed there were several areas of asbestos present. In 2004 the City paid for asbestos mitigation. Small amounts remain. There was mold present. Mr. Wilson wanted to see the last report in 2012. Mayor Taylor suggested Mr. Wilson refer to the meeting minutes for the information he was seeking. Mayor Taylor summarized in 70 days the Gonzalez report would be presented. This is a private group authorized to do the study and submit their results. If it is viable Mayor Taylor would support keeping the Old High School. It is an unsafe building and asbestos is not the only concern because there are other hazards. The safety of the residents is a primary responsibility of the Commission. The residents have to be safe and the City has to remain safe from liabilities also. Commissioner McCray recalled he had voted for a four -month extension and wanted to wait until the final report is received. He would maintain his position. Vote The motion failed 2 -3 (Mayor Taylor, Vice Mayor Casello and Commissioner McCray dissenting). D. Discussion of legalization of medical marijuana per request of Commissioner Merker. Commissioner Merker recalled medical marijuana failed to meet the 60% majority needed. He supported medical marijuana because his family has doctors and he has spoken with several specialists. He strongly believed in the medical usage and it could be revisited with a grass roots movement. He had been assured the matter would appear on the 2016 ballot. The future is taking care of the people. He strongly urged the Commission to pass a resolution to be sent to the State legislature to know how the people feel. He was discussing health and happiness and asked the City to publicly support helping and caring for people. Vice Mayor Casello introduced a Ms. Diaz, to speak to the Commission. Ms. Diaz resided at 1124 NW 8 th Court and reported her entire family had epilepsy. Her daughter has been diagnosed with three kinds of Dravets Syndrome and it is suspected she and her son both have the primary form of the disease, CACNA1A which is a form of migraine. Her daughter's symptoms were mild, but together her case becomes severe and catastrophic. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Ms. Diaz gave statistics related to epilepsy indicating many young children suffer from forms of the disease. Every possible medication has been attempted to subside her seizures including diet changes, but she continues to have constant seizures and has become violent to her other family members. It is a very dangerous situation. Medical marijuana has been proven to stop or at least reduce the seizure. The damage may be stopped or even reversed. Many families have had to move out of the State of Florida to get the needed treatment. The Commission was urged to pass the ordinance to allow medical marijuana for those in need. Be the change and send a message to the State of Florida to make the change to help those afflicted to lead as normal a life as possible. Medical marijuana is the safest option for chronic conditions with seizures. Mayor Taylor inquired if Ms. Diaz had test treated her daughter with medical marijuana. She had access to a low dose of a pill version of Charlotte's Web. It was not strong enough. There was improved cognition. Commissioner Merker thanked Ms. Diaz for being so brave and stepping over the boundaries to save a child. Vice Mayor Casello appreciated Ms. Diaz sharing her story. He supported medical marijuana. but taking a vote at this juncture may create false hope for some. It has to be passed on the State level next November. Petitions and signatures are needed to send the rnessage to the legislators. Commissioner Fitzpatrick suggested a letter be sent to the State legislators indicating the City was in favor of medical marijuana and have the lobbyist lobby for placing the issue on the ballot. Commissioner McCray inquired if there was another City in Florida that has passed the legislation. Ms. Diaz knew there were other cities trying to pass similar legislation. Commissioner Merker stressed the Commission was supposed to be leaders, rather than ask the individuals to get petitions. He argued strongly, expecting the citizens to do the work rather than the municipal leaders was cowardly. It will need to be a grass roots movement. Mayor Taylor inquired if the State had legalized medical marijuana and Attorney Cherof concurred. The City cannot legalize medical marijuana, but it can pass a resolution supporting such action. Attorney Cherof agreed. Mayor Taylor asked Chief of Police Katz for his opinion. Chief Katz remarked it was a legislative task and as elected representatives in government, it is the Commission's job to administer the policy and decide the direction for staff. It is important that the Police Department be apolitical. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor would be in favor of medical marijuana prescribed by a doctor for medical purposes. Commissioner McCray was not in favor of sending a resolution to the State indicating the City is in favor of medical marijuana. We already have enough problems. Once it is passed on the State level, the cities will have to comply. Commissioner Merker contended the guidelines are always the problem. OCTOBER 20, 2015 Jeff Kaydell, had an office on High Ridge Road, and questioned the definition of medical marijuana. The amendments coming forward refer to medical marijuana that is actually "pot ". There is no special blend or lab processing. It should be a clear distinction. There is already approval at a State level for the use of "Charlotte's Web ". There is a big difference between marijuana and a CBG oil extracted from the low THC plant or basically hemp. It is a huge difference. Mr. Kaydell asserted passing the proposed Resolution would be done without proper knowledge and understanding of medical marijuana. He emphasized it is "pot ". The biggest problem is pharmacists cannot distribute medical marijuana because it remains a Schedule 1 federal narcotic. Doctors cannot prescribe a Schedule 1 narcotic. It would result in getting "pot shops ". If the Commission wants to expand the CBG to more families or maybe raise THC count in increments would be great. In every state that has passed a medical marijuana bill, less than 10% of the people having gotten their medical marijuana cards have been for chronic illness. The remaining 90% is for undiagnosed, undocumented pain or headache or nausea. The area has already dealt with the pill mills. Unscrupulous doctors are waiting in the wings to abuse the use as it has happened in other states. It would need to be a highly regulated system monitored by the State with limited distribution through State facilities as it is with "Charlotte's Web ". There will be no resistance from those with knowledge of drug and alcohol abuse. The "Charlotte's Web" bill is a compassion bill that is a very distinct difference. Medical marijuana is simply "pot" with no medical purpose other than hijacking your nervous system. Commissioner Merker totally agreed, except by letting the proper officials know there is support for an issue, it can be more clearly defined. The control is the real issue. The goodness to help people is essential. Mr. Kaydell reiterated the reference is to "pot ". The medical need is for the CBG oil. Mr. Kaydell stressed if the Commission pushes for legalization for medical marijuana, an understanding of the risks involved is needed. Other states have found abuse of marijuana has gone up 5% when medical marijuana was passed. Commissioner Fitzpatrick wanted those patients in need to be allowed to get the necessary help. The City needs a route to influence the legislators with the details. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion OCTOBER 20, 2015 Questions remain unanswered at this point. He was not in favor of legalizing marijuana. If more research were done to outline a direction to take to influence a legislative route, he may be in favor of medical marijuana. Commissioner Merker wanted the issue brought back and perhaps a workshop session was needed. Jean Ruzycki, SW 10 Avenue, totally agreed with Ms. Kaydell. She remembered the issues from the previous election and knew that medical marijuana is simply "pot ". It is merely a new entrepreneurship. People want to grow and sell it, but not necessarily medically. There has to be consideration for our youth and their safety. She asked the Commission please not send anything in her name, or the citizens of Boynton Beach. She did not agree with the Commission. She suggested a vote of the citizens of Boynton Beach should be taken before any assertion is made. Commissioner Merker moved a resolution be drafted that we, the City of Boynton Beach, agree that medical marijuana should be on the ballot in the 2016 election. After discussion he amended his motion that on the 2016 ballot should be, that we, the City of Boynton Beach support this resolution that, you know, how we think in favor of medical marijuana. Mayor Taylor declared the motion died for lack of a second. Mayor Taylor suggested an alternative method of sending correspondence to the legislation from this Commission asking they take a look at medical marijuana and how it is designed to determine if the dosage can be increased for those medically in need. Mayor Taylor wanted it only prescribed by doctors. He recognized there could be unscrupulous doctors to control. Commissioner Merker suggested the matter be put on the list for discussion during Palm Beach Days in Tallahassee. Commissioner McCray commented, with all the current drug related problems in the area, he would not support any resolution. Vice Mayor Casello emphasized the Commission is only five individuals. If there are supporters for medical marijuana, they should circulate petitions. It would be decided at the State level. He suggested the City wait to see what happens. It may not be on this year's ballot. Commissioner Fitzpatrick supported pushing the issue for the people in need. He was not in favor of disguising it to become another recreational drug. There are many people in need and some assistance should be given. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Commissioner Merker alleged the prior remarks were cowardly. Elected officials are supposed to make the decisions and take a stand. Mayor Taylor declared there was a majority consensus to have Attorney Cherof draft a proposed resolution for consideration. 13. LEGAL A. PROPOSED ORDINANCE NO. 15 -024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED ON 10/6/16) (It was previously noted this item would remain on the table to the November 3rd meeting.) B. PROPOSED ORDINANCE NO. 15 -025 - SECOND READING - PUBLIC HEARING - Approve MLK South (LUAR 15 -001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX) Attorney Cherof read Proposed Ordinance No. 15 -025 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15 -025. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. PROPOSED ORDINANCE NO. 15 -026 - SECOND READING - PUBLIC HEARING - Approve rezoning from C -2 (Neighborhood Commercial District) and R -2 (Single -and Two - Family Residential District), to MU -L2 (Mixed Use Low Intensity 2 District). Applicant: City- initiated at the CRA request. Attorney Cherof read Proposed Ordinance No. 15 -026 by title only, on second reading. Mayor Taylor opened the issue for public hearing. Tom Carney, on behalf of Hudson Holdings, pointed out that the public notice still contained the language that included the legal description of the Hudson Holding 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 properties. He understood the language related to the Hudson Holding properties was removed. He asked that the language be included because it was publicly noticed and once noticed for rezoning as it is part of the Comprehensive Plan and CRA Plan to be up- zoned, it appears the intent is not to rezone the property at all. Mr. Carney felt it was inappropriate. There were ongoing discussions about rezoning the property. The inconsistency is confusing and not understood. Mr. Carney asked for reconsideration and include the property as advertised and follow the Comprehensive Plan and CRA Plan. Mayor Taylor disclosed he had received a call from Mr. Carney on the issue. Mr. Carney indicated he had tried to reach all the Commission members. Ms. LaVerriere interjected Mr. Carney was addressing the next item on the agenda. Vice Mayor Casello explained the parcel could be rezoned at any time. If a plan is submitted that fits the Comprehensive Plan, it can be rezoned. The urgency to rezone it at this time was unknown. Mr. Carney argued it is part of the same block and it is part of the Comprehensive Plan. There was a time element as they negotiated with developers and investors. Vice Mayor Casello responded requests can be fast tracked through the system. The City welcomes all development and if a plan is submitted, it can be evaluated. Commissioner McCray disclosed he had spoken with Mr. Carney also, but only to suggest the comments be made at the meeting. Motion Commissioner McCray moved to approve Ordinance No. 15 -026 on second reading. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Fitzpatrick dissenting). C. PROPOSED ORDINANCE NO. 15 -027 - SECOND READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15 -003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and Attorney Cherof noted for the record, "Mr. Carney's comments were regarding 15 -027 not 15- 026." Attorney Cherof read Proposed Ordinance No. 15 -027 by title only on second reading. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor opened the issue for public hearing and noted Mr. Carney had previously made comments. No one else came forward. Motion Commissioner McCray moved to approve Ordinance No. 15 -027. Commissioner Merker seconded the motion. Commissioner Fitzpatrick clarified the proposed ordinance was as amended. Attorney Cherof advised it reflects an amended legal description. Mayor Taylor commented Ms. Brooks, Director of the CRA, has encouraged the Commission to up -zone properties for the benefit of the developers. It does save time. Mayor Taylor had no problem including the property, but the Commission voted to eliminate the piece of property. He had no problem with up- zoning the property. Attorney Cherof asked the maker and seconder of the motion to agree the motion is to adopt Ordinance 15 -027 as amended. Commissioner McCray agreed. Commissioner Merker withdrew his second. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. PROPOSED ORDINANCE NO. 15 -028 - SECOND READING - PUBLIC HEARING - Approve rezoning from R -3 (Multi- Family Residential District) to MU -L2 (Mixed Use -Low Intensity 2 District). Applicant: City- initiated at the request of CRA Attorney Cherof offered Ordinance No. 15 -028 by title only on second reading and public hearing. Mayor Taylor opened the issue for public hearing and no one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15 -028. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 23 OCTOBER 20, 2015 D. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney client session of the City Commission to discuss pending litigation in the following case: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant - Case No. 50 2015 CA 002413 Al Motion Commissioner Fitzpatrick moved to approve the closed -door session. Commissioner McCray seconded the motion. Mayor Taylor declared there was consensus to hold the session at 5 p.m. on November 3rd, 2015. E. PROPOSED RESOLUTION NO. R15 -136 - Approve Resolution creating a Community Redevelopment Agency Advisory Board establishing procedures for appointment and removal of members. Motion OCTOBER 20, 2015 Vice Mayor Casello moved to approve Resolution No. R15 -136. Commissioner McCray seconded the motion Commissioner Merker questioned why the language indicated no less than four members would be residents of the City. He questioned the language that members could be removed by the Commission with or without statement of cause, which he thought was absurd. Lastly, he questioned the ethics training cost that would be assessed to the CRA budget. Commissioner Merker felt saying no to someone without cause loses the initiative and desire of volunteerism. Saying no is part of a dictatorial system instead of a transparent system that encourages political careers and service. The idea of an independent CRA board should acknowledge there are individuals with the intelligence to serve. They have time and energy to assist with City government. It is a slap in the face to the citizens. There was clarification needed if the three non - resident members had to be business owners or just live in another municipality. Commissioner Fitzpatrick was concerned with all seven members not having to be residents of Boynton Beach. He could not support the Resolution for that reason. Attorney Cherof clarified in some aspects it tracks the Statute regarding who CRA members could be. As long as you own a business or are an officer or director of a business that is within the jurisdiction of the City and the CRA which is co- terminus under the Statute, residency is not required. Talented people with businesses could 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 find a place on the CRA Board and the proposed language passes the same parameters to the advisory board. Commissioner Fitzpatrick was satisfied with business owners who are making a living in Boynton Beach being on a CRA advisory board. The Resolution does not limit membership to that criteria. It could be any Palm Beach County resident who has no real interest in the City of Boynton Beach. Mayor Taylor concurred with Commissioner Fitzpatrick's remarks. Attorney Cherof agreed to change the criteria to owning or operating a business in Boynton Beach. Commissioner Fitzpatrick was satisfied with residents of the City, but a business owner should be in the CRA district. Mayor Taylor felt as long as the member resides in the City or has a business in the City would be sufficient. Harry Woodworth, 685 NE 15 Place, speaking as President of INCA, felt the qualifications should be clearly stated and not being a resident of the City was not appropriate. The language should be more specific. The roles and responsibilities should be outlined with specific deliverables. For the advisory board to have credibility it has to have specific parameters. Buck Buchanan, 807 Ocean Inlet Drive, read a letter into the record that is attached to the minutes. He made it clear he was representing himself and emphasized he had resigned from the Board of Directors of the Chamber of Commerce. Vice Mayor Casello remarked it was repugnant to criticize all advisory boards and those who have served on those boards. He inquired if the intent was about power or giving good advice to the elected officials. It seemed like power and innuendo about a developer with no name. If assertions were going to be offered, the facts should have been totally revealed. Woodrow Hay, 427 NW 5 th Avenue, agreed with Mr. Buchanan's remarks. It made no sense to have three votes from District 11 and two of those votes being eliminated. Mr. Hay stated for the record, "...part of the problem with having Commissioners and CRA, if you read the statute very carefully, and I'm sure Jim will interpret this, the Florida Statute 153.357(b) says, ` the members of the governing body shall be the members of the Agency, but such members constitute the head of a legal entity, separate, distinct and independent from the governing body of the County or municipality. If the governing body declared themselves to be an Agency which already exists, the new agency is subject to all of the responsibilities and liabilities and polls or incurs by the existing agency.' The CRA Board is an appointed board and you just happened to appoint yourself. Because it states very clearly that you are separate, you're distinct, you're independent." 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Mr. Hay wanted it understood the Commission members had no higher responsibility than the citizens on the board. All members were equal with one vote. The reference to being an elected official on the CRA Board denotes a conflict with the Statute. It is independent of the City Commission. For the record, "Don't keep calling yourself elected officials as you being represented on the CRA Board. According to the Statute it is not the case you are held to any higher level to the citizens of Boynton Beach than any other member just because you are an elected official. The two citizens were held to the same responsibility as any other elected officials that happened to be appointed and serve on the Board." Mr. Hay asked the Commission to read the Statute to get a better understanding of who you represent. Preferably, as the new board is appointed, the distinction is clearly outlined to the new members. Mark Karageorge, 240A Main Boulevard, had a problem with the proposed Resolution, Section 3 that was so vague. There should be criteria for selecting the members. He wished the Commission would vet the members. Mr. Karageorge did not agree with removal with or without cause. There are many opportunities for the Commission to learn from others. Ideas can be realities that generate jobs and improve quality of life for citizens. Robert Pollock, lived in District 11, and understood the new board should be diverse. He wanted to clearly know what is expected of the new board and the criteria for membership. Mayor Taylor advised the CRA would be putting together a packet of information of what would be required from the board members and training sessions. Mayor Taylor did not want to list specific occupations or experience because it could eliminate other qualified candidates. He suggested the criteria be open to capture all possible candidates. Mr. Pollock indicated there could be people with other experiences that may benefit the board. Mr. Pollock thought it was a conflict of interest if the Commission members on the board were given greater weight than the citizen members. Mayor Taylor remarked the advisory board would discuss among themselves what the issues may be and the direction of the board. Mr. Pollock acknowledged there could be disagreements. Commissioner Merker thought the proposal was a joke. A citizen board could have been established and now the terminology was being revamped. It could have been seven residents volunteering. What the board said does not matter now because the Commission is the vote. A dictatorship is being created. The final decision is made by only five individuals. Mayor Taylor clarified Commissioner Merker was speaking for himself and not for the other Commissioners If he did not want to listen to the committee it was his business. Mayor Taylor intended to consider any and all input. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL OCTOBER 20, 2015 Vice Mayor Casello indicated it was discouraging to hear Commissioners speak about advisory boards and their input. The advisory boards in the City of Boynton Beach are composed of volunteers who put time and effort in to make the right decisions. The Commission and staff listened to every board. For a Commissioner to use the words dictatorship and fraud is not appropriate. Commissioner McCray wanted to make sure Attorney Cherof had clear direction. Mayor Taylor summarized it should be either a resident of Boynton Beach or own a business in Boynton Beach. Attorney Cherof advised he would track the language of the Statute that allows an individual who owns or operates a business within the City to be eligible for appointment. Motion Vice Mayor Casello moved to approve Resolution No. R15 -136. Commissioner McCray seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). F. PROPOSED RESOLUTION NO. R15 -137 - Authorize the City Attorney or his designee to accept service of process on behalf of the City in the absence of the Mayor, Vice -Mayor or any member of the City Commission. Mayor Taylor urged the Commission to pass the Resolution because the process servers were unhappy about having to serve Mayor Taylor at his home Motion Vice Mayor Casello moved to approve Resolution No. R15 -137. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:46 p.m. 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: 19(6A t M. Prainito, MMC Clerk J /ith A. Pyle, CM Deputy City Clerk 28 CITY OF.1OYNTCN BEACH erry T'Ior, filla or OCTOBER 20, 2015 Michael M. Fitzpatrick, Commissi• er October 20, 2015 Dear Mayor and Commissioners: The formation of a citizens' CRA advisory board would incur expenses such as CRA staff time, a court reporter at the meetings, training the advisory board in Sunshine Law, tax increment funding, etc. To justify these costs, it is necessary to determine how effective the advisory board would be in working with the Commission. Several months ago Commissioner McCray got into a snit over perceived disrespect and quit working with CRA staff. He gave a bad numerical evaluation to the CRA Executive Director without a single word of justification, his motivation apparently being his snit rather than fulfilling his responsibilities objectively. In order to justify his action to remove the citizen positions from the CRA Board, which was based on another snit, he made delusional comments about the residents of District Two being in favor of it, even though more than a dozen had just addressed the Commission to the contrary. Further, since the independent board was abolished, virtually every District Two resident who has addressed the Commission or CRA Board about the subject, whether speaking as individuals or representatives of Heart of Boynton neighborhoods or INCA, has advocated for reestablishment. Commissioner McCray has ignored the will of his constituents and clearly demonstrated that he represents only himself. Vice Mayor Casello recently stated that CRA Board appointments are political. They don't have to be. The two citizen positions recently abolished were initially filled by people who scored the highest in an objective process. Of course, the Commission can interject politics into the situation. Vice Mayor Casello allegedly is marching to the tune of a certain developer, and his actions seem to confirm it, a developer who wants to replace the Executive Director with a person of his choosing. Therefore, when Vice Mayor Casello couldn't accomplish the termination of the Executive Director through the hybrid CRA Board, it was puzzling when he proposed an even more uncontrollable independent board. Mayor Taylor, sadly and dismayingly, foreshadowed the solution to the puzzle when he unsuccessfully attempted to use a very thin cover of non-unanimous approval to not renew the Executive Director's contract. Could campaign contributions from Vice Mayor Casello's political patron be an explanation?Mayor Taylor used an even thinner cover when the independent board proposal was changed to eliminating the two citizen positions. He stated he would concur with the will of the Commission when in fact both Commissioner Merker, absent because of a religious holiday, and Commissioner Fitzpatrick were against the proposal. Then Mayor Taylor used the most disgraceful and insulting cover ever. The subject of this letter, the citizens' CRA advisory board, is that most disgraceful and insulting cover. Commissioner Casello presented the concept as proudly as though he had discovered the secret to cold fusion. Mayor Taylor grasped it like a drowning man clings to a lifeline. Against the will of the people, three votes apparently fueled by political patronage and egocentricity eliminated the citizens' positions on the CRA Board. This cynical maneuvering could be a precursor to a more insidious event: the return of the Gang of Three to the City Commission. For years Boynton Beach has been plagued periodically with a Gang of Three essentially voting in lockstep. Different individuals have been involved in the Gangs of Three but often with negative results for the city, including the abolishment of the independent board. If this Commission took advice from citizens, this letter wouldn't be necessary. You dismiss the will of the people like paper trash in the gutter. The citizens have already advised you to keep the citizen positions on the CRA Board and then establish an independent board. Therefore, it is useless and a waste of money to set up the disgraceful and insulting citizen's advisory board. A fluff advisory board doesn't begin to replace voting positions that have real impact on the course of the CRA. A city controlled by political patronage and egocentrism is repugnant and unacceptable. The will of the people shall triumph. The political carcasses of those who deny it will litter the election landscape. Sincerely, Buck Buchanan DEVELOPM1 E ORDER OF THE CITY COMMIS )N OF THE Gil Y OF BOYNTON BEACH, FLORIDA Development P8z Building Engineering PROJECT NAME: Lake Worth Christian School (MSPM 15-006 / COUS 15-004) occ.License Deputy City Clerk APPLICANT: Dustin Mizell, Dustin Mizell Landscape Architecture - APPLICANT'S ADDRESS: 968 Julia Heights Drive, Lantana, FL 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2015 APPROVAL SOUGHT: Conditional Use / Major Site Plan Modification approval of additions of a 13,087 square foot Elementary School / Early Childhood Development Center building, a 13,001 square foot General Use building, and a 6,000 square foot Athletic / Locker Room building to the existing Lake Worth Christian School campus, located at 7592 High Ridge Road, and zoned R1-AA (Single-Family Residential). LOCATION OF PROPERTY: 7592 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ZHAS HAS NOT established by substantial competent evidence a basis for the approval 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 Applicant's request is hereby ' GRANTED subject to the conditions referenced in paragraph 3 above. 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: d0—a3 --a0s5 (____) // I • A c) U �` City Clerk P TON S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 15-006 COOS 15-004\DO.doc Exhibit A Lake Worth ( Kristian School Lo ition Map a[ ' '+ �'"' 4" ¢' -Atit � R �, -�11�am fo -111' R,` f4 W ter"*• , r + : u ,. S by�,.'' r .:. j_ I! r 1. r r .,,,,i,:x.,:i.,,,,,...,,,,„•,,,„„,,,,-......„..,,,, • ., ••„,, , .. ..,. . ,.. .,,, ... *A , -• ' le 1 � • . *4.:„1. v' i• Y .4 S-.42 t �, ` 'rte � n.'I4 ! ak' -i ' - .-- ' ' ' -,, - . ,4tir-,,.., „ft R 1• Et't�i L� .c. ,� t Rr III , , = n �' k ' 'tet I. iii ,..) . . -,,, ,,,,,, ;,,,..4„., it. ..44,'..t. Is): ,' 1 oakt, r, , ,,,,„ 'r� w it �: t c. ` r ! i - < -~r. •_+iw'.' 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DUl11H M.MIZELL RLA 46666784 968 JULIA 1-EIGHTS DRIVE "•�••..••`•^- F*�' ..�..R. _ _ .-...'„^ HLANTANA.FLORIDA 33462 t '• DLSTIN_MIZELL. OTMAILCOM �-- 561.313.4424 � 2015 X2015 Exist'ngJite Nommom •'"''"^. :-g "1, Lake Worth ChristianJchool fP-� ::r #:: ��1 ......--,,,,r...-47,-........„.:. -.4,-7.....,..,,,m_.2..„7„..-.,,,,..."-. �_�.HOURS WORE daf 144 7295 High Ridge Road :: �: ,e,. r� 1 8�0ft32M 4770 DATE 0701.2015 �� Boynton Peach, Florida Da11.2015 �� w -•�� _� Y SCALE IN FEET Cr 80' 160' 240' r 11:1111 Reference Map . SITE DATA --1---175-1— RIDGE ROAD - ZONING DISTRICT RI-AA LAND USE l '�• ii, TOTAL SITE AREA 1324 AC. I F�_• .. �� I .. _-__-__� GTROSS PROPOSED SQUARE(PROPOSED BUILDINGS ONLY) 72..74 AC. ` 1 17 .�P-� I j I= - ELEAENTAR(120 NEW STUDENTS) 8.237 SF. • , �l- (1 i ;1 Q I EARLY CHILDHOOD DEVELOPMENT CENTER(60 CHILDREN) 4.000 SF. �1 I GENERAL USE BUILDING(ACCESSORY USE) 13,001 SF. I ATHLETIC COMPLEX 6.000 S.F. PROPOSED PLAYGROUND AREA 2.100 SF. .I I I TOTAL IMPERVIOUS AREA 5.10 AC.(31.410) ^; Z• -� EXISTING IMPERVIOUS AREA 159 AC. _LP-5 I O PROPOSED DEVELOPMENT AREA(INCLUDES BUILDING AREA) 3.21 AC. -- 1i I TOTAL PERVIOUS AREA 1.14 AC.(63.590) I 1 I I 4 99�-BQ 5S. EXISTING PERVIOUS AREA 3BSAC. _ ,.� DOLING I PROPOSED DEVELOPMENT AREA 7.29 AC. -- _ /.rj�� E€CIEITORY Nf1K!0HRRL MAXIMUM HEIGHT OF STRUCTURES ON SITE 30 J r II131M5F. - - TOTAL REQUIRED OFF.STREET PARKING SPACES 133 SP. ,, r wI1661IP"''' CJA. 19ag DEVELOPERS AGREEMENT 73 SP. II _ -,• T . EXISTING ELEMENTARY SCHOO1. 22SP. '1 U 4E- • - II MAINTENANCE BUILDING 3SP. �/ I PROPOSED ELEMENTARY PROPOSED ECDC(I SP CHOOL(I SP.PER 600 S.F.) 16 SP. 17 SP. �_�i.4 _L /1,_ L I Ir• �4^ - 'PROPOSED GENERAL USE BUILDING(ACCESSORY USE) OSP. - I6 I TOTAL PROVDEO OFFSTREET PARKING SPACES19051. '�•'�-- --4- TOTAL E%ISTING SPACES PROVIDED 139 SP. • I I I 9Q a� TOTAL PROPOSED SPACES PROVIDED 1 SP. s. r6AA0 ( ±99PI, TOTAL REOVIRED HANDICAP PARKING SPACES 6 SP. TYPICAL DUMPSTER ENCLOSURE DETAIL ,• • MESCHOOL 1 TOTAL PROVISOS HANDICAP PARKING SPACES 10 SP. p.m , 0R6TOPC0A ....7.:. I /• TOTAL BUILDING SQUARE FOOTAGE(EXISTING 8 PROPOSED) 80,324 SF. •NFowr+r,.. : 11 _ PROPOSED BUILDINGS(SEE ABOVE DESCRIPTION) 32,088 SF. Y1.1H m. - '�II' (Aam �_ // T IEXISTING HIGH SCHOOL BUILDING13,125 SF. p�w.uFI I •cE%ISTING MIDDLE SCHOOL BUILDING8.465 SF. Jp = —IE%ISTING GYMNASIUM15,080 SF, I �'+ o • EXISTING ELEMENTARY10,809 SF. CON"""` I/I I III 111111111111 1 EXISTING MAINTENANCE BUILDING 2.327 SF. III • I6 ■ EXISTING RESTROOMS-ATHLETIC FIELDS 630 SF. • b II I I _ , PROPOSED BUILDINGS-TYPE OF CONSTRUCTION • V-B SPRINKLERED ror_ �1 LOCATION MAP Nn E""w^'F6"1°X. II PROPOSED BUILDINGS-OCCUPANCY 4420,944.440 IIIIMMIIII I •I .- •, Q TYPE E li =MI!• r. MATCHLINE-SEE SHEET SP 3 BS RG1f I APPROVAL STAMP 11111111.111111111. M 111 1111=11 ■ M wAn....vE .11111111.1111111•11111 111.111113• ■t O. r. W W Fv% E LAI J T _ • I� U J. M.M7r1 1 RLA 46666784 Q MMTALGULMINIIN w O 3r I' . 968 ILIA 1-EIGHTS DRIVE LANTANA,FLORIDA 33462 DUSTINJYOZELLN-IOTMAIL.COM P•711561.313.4424 � ,•. .I.F.pm...N66,Ap°""16111..6 2015 .2015 ate Plan ........ Kt""'""""'"'"'"•0"""°"""°`Ma:WW1 • ' ....6.•..•: rL Lake Worth Christianjchool fP-Z ....�i: I � ,. •� \.1\,.:1 .H . M ,. . :Mm64�. rna•s w . .. :M ' ' 7295 High Ridge Road DATE,07.01.2015 .. '.r ..'7".'67..,.... r.saw 08.9.2055 ��► �� , c„.0„,„„,,,,„„,,,,,,,____„„,.,„0„,„. ~� . .„..�w .- .� boynton Peach, Florida SCALE IN FEET o so too lso s��omm� 77 1 SITE DATA LAND USE PPGI I F a ZONING DISTRICT RI-AA $ 'i MATCHLINE-SEE SHEET SP 2 TOTAL SITE AREA 10.24 AC. 'I I.r _ GROSS FLOOR AREA(PROPOSED BUILDINGS ONLY) .74 AC, '{eI -1.� l TOTALPROPOSED SQUARE FOOTAGE 72,008 SF. III I I —� ELEMENTARY((20 NEW STUDENTS) 8.201 SF. 41 I 3 lurcxn I EARLY CHILDHOOD DEVELOPMENTCENTERI60 CHILDREN) 4.800 SF. GENERAL USE BUILDING(ACCESSORY USE) 13,001 SF. i -'-- �I luv4aax� I 9 ATHLETIC COMPLEX 8.000 SF. ,-J P-5 ( �J 413.84 cAs I PROPOSED RAVGROUND AREA 2.I00 SF. Emma w ///� TOTAL IMPERVIOUS AREA 5.10 AC.(71.41X) �_.__. _ / I l EXISTING IMPERVIOUS AREA 1E9AC. "I _ PROPOSED DEVELOPMENT AREAIINCLIAES BUILDING AREAL 3.21 AC. �f� JP-2 TOTAL PERVIOUS AREA 0.14 AC.(60.59%) 1— 'i I R. / II € EXISTING PERVIOUS AREA J/5 AC. tA! .!}'' PROPOSED DEVELOPMENT AREA 1.29 AC. f / 'f/7 '. MAXIMUM HEIGHT OF STRUCTURES ON SDE 3'2 /1 (�VIEI —)�_ j �� - 1...1 1.1 0. TOTAL REOUIREO OFF STREET FAKING SPACES )33 SP. • 1 '� /.,-::.'os°�.= , 19$0 DEVELOPERS AGREEMENT 75 SP. �,711. 1 ^��I� - - - _ _ q* / �� Q EXISTING ELEMENTARY SCHOOL 22 SP. Lel ��/� MAINTENANCE BUILDING JSP. 4 PROPOSED ECM(1 SP.PER 300 S.F.) 16 SP. sM ,ter �M 1-„ PROPOSED ELEMENTARY SCHOOL t SP.PER 500 S.F.) 11 SP. Sam" I)WNA — PROPOSED GENERAL USE BUILDING(ACCESSORY USE) OUP. svIEU N.nomcaA '- TOTAL PROVIDED OFF-STREET PARKING SPACES 190 SP. ,NST. R03E1 p TOTAL PRO OS D SPACES S PROM D 189 SP. 0NF sipry Gss. Reference Map � 4 TOTAL PROPOSED SPACES FRONDED ISP. . . - \ — -� ' TOTAL REQUIRED HANDICAP PARKING SPACES 6 SP. TOTAL FRONDED HANDICAP PARKING SPADES q$P. • �- i • \ . "' TOTAL BUILDING SQUARE FOOTAGE(EXISTING&PROPOSED) 80,324 SF. �� PROPOSED BUILDINGS(SEE ABOVE DESCRIPTION) 32.088 SF, 1 9 EXISTING HIGH SCHOOL BUILDING 13,125 SF. I _ EXISTING MIDDLE SCHOOL BUILDING 6,465 SF. -; _.-+„-„,1�_,�� _ EXISTING GYMNASIUM 1523°82°7 5080 SF. I r EXISTING ELEMENTARY SCHOOL 10.809 SF. j I ,� 81__ v e �� . �- __��.�� EXISTING MAINTENANCE BUILDING 2327SF I f EXISTING RESTROOMS-ATHLETIC FIELDS 630 SF. '� I I Hhiiil�m�� _ , I�:11 kali '_ a PROPOSED BUILDINGS-TYPE OF CONSTRUCTION - I J _ ` 0, - yF y V-B SPRINNLERED CATION MAP . I PROPOSED BUILDINGS-OCCUPANCY -------i I 11 J �� I • N �71�MICIA LJ TYPE . di . nilibillEMOPIPMEMEI 1.4 g HIGH NOSE 11040 IT NM LJ Lhl % i rl I /I z s 8 / /' II In zor001.-, -' 1 = Ir mrAiEn ..., .._ _ _ _ /, i I l i iiiP / �, ( i+. APPrtovI .... ....4 __ _______ u ` z. .. ....______. L. - __-- - - - - h -__._�; 1 1 100'R.O.W. RAILROAD TRACKS_ _ _ _ ITUjTI/1 M.MIZELL RIA#6666784 968 JULIA HEIGHTS DRIVE LANTANA,FLORIDA 33462 DUSTIN_MIZELL6-IOTMAILCOM 561.313.4424 INTERSTATE 95 _ - _ _ _fife Plan 2015 2015 - - ""•••M «_ WIIIM” Lake Worth Christian_fchool �P-3 lir is 'ENNENNEN '''')!\ //\./ °_z:_. NII WORE RAN ��► ��-: Q.,.- ,b.-"° -'- 7295 high Ridge Road ME 'NN :� "„y:,-19.-.7!*:.... � aoo-asz-a7�o DATE 0201.2015 ��► I�� "1.--=1-- boynton beach, Florida SCALE II,2015 �� , . µ,.P^is ,,,�.. --• "°- Y IN FEET O' sa 100' 150' ........ 1 ti • • II ate, l_ a 'o I I APH 1 I,a... NEW FASTING/ (: {� GROUND urm u ,u.' I ............ '°j 14 PLAT 2.100 st�� • P e • I e.® 14 1 —._...._.._..., ■■® ■■ 1 _ %6iNG a.wx..E, - �orwexv�.ren ORM K� d ' EXISTING 3 .� I QIP II 3 mo. .,, NAS,ING UII NOTE: 'I "... • MOND I THE PROPOSED FINISH FLOOR ELEVATION 30.00 NGVD IS ABOVE I h11 THE HIGHEST 100-YEAR BASE FLOOD ELEVATION APPLICABLE 10� TO THE BUILDING SITE.AS DETERMINED BY THE SFWMDS SURFACE WATER MANAGEMENT CONSTRUCTION DEVELOPMENT REGULATIONS. 5' PROPOSED PROPOSED € I SE'.K ELEMENTARY — GENERAL USE BUILDING T '"EXISTING THE PROPERTY IS LOCATED IN FLOODZONE'C'ASSHOWN ON LpCOMMUNITY PANEL 120192 0195 B,MAP REVISED 10115182,FLOOD SCHOOL 13,001 Sf. EIM NEG I INSURANCE RATE MAP AS PUBLISHED BY FEMA EXPANSION ONE STORY C.B.S. OR THE PROPOSED FINISH FLOOR ELEVATION IS 30.00(N '29) 13,087 sf. EXISTING Ig GVD I a LAVIN EXISTING ONE STORY C.B.S. PHASE II i .,:.: LP vx),,,Ng 4 T A I POSTING A 92 SE1BACK 1 OMS I ,t. EXISTING Lao `�. r--� .........• 203'SETBACK 1p; LPe mOROSEOSOEWNxi 01 RE®®■J EuS ...L --� T NT. a EXISTING . 1 II I I.00ATION MAP 1 I LP d., i gg 'Sr OUTDOOR PLAY AREA j S ATHLETIC FIELD —� i ! "`" RO"O A 8 , i S G‘\ ., —1 4 24'-3'BUFFER T� Is Is -'x'�•X�L�v-•+:�.••�v..-...��..� //I I v \ ....,L „,„,tiG •EXISTING INTERSTATE TS sEo SPEW. I ORM LP io m PROPOSED ___.:' _ 1P , / _ Ews,nc wsw%uc # APPROVAL STAMP • ,.• EXISTING — _ / ` N "G Ex<n .� E lsnw / S Ea,INc I EXBTVG• MOND = vn�a ORNE 12' / ; — °' i = Y= PROPOSED ,� ORM = ORM W DUMPSTER __ r dlI TN y POSTING WWGTER TW. TMG I (it? vnR,wO 5 8 TIN 1 IRL I I- I il.. 9NG I F LP i R IPROPOSED oz H .BA M.I-WIGI I RL.A X6666784 ATHLETICCOMPLEX ONE-STORY 0 968 ILIA FIEIGNDRIVE 6,000 af.-PHASE II LANTANA,FLORIDAD33462 �--- _ �� E>ns�TI��pp .J 210'SETBACK j 1 III111111111 ---, II LITIVIu1C[ IX1313,4 MRL3LN-gTMAILCOM EXISTING \� PEW EQUBULLDOG IP. %1.313.4414 COURTYARD / I I I(I .•,. .;: 2'ix1 Si. 143'SETBACK 2015 —2015 Jite Plan 112-4 NEVE.... Lake Worth ChristianJchool ■■■li■■■ "'\ i\,/ • mow. . , w b.R ._�. �RR.� ■■. .■■ =' o�,a^ti-4 z - °� 2 7295 Nigh Ridge Road �m �� 1-800-432-4770 DATE 06.03.2(45 EN �NN ..,..":::mom >nK boynton beach, rlorida O IN FEET EN L. :■■ - ,,,•,,,,,, / SCALE IN FEET O' 20' QO' 60' ■•••••■■ ✓ � n . av • 8krt. i • Iri I ousTI ER AFH I SPANISH4EDGE EXISTING NEW • OS STOPPER a FH PLAYGROUND AREA ux• / tNEDGE c� I I 2.100st. L 51 r. ill j REAP MEN ' EXISTING s ' . �oCAT® ,bI:: LP A f �R000 I��1 RETAIMNG _ /� __ Ij ,OV Existing_/'outh buffer IOI`£s • I P (adjacent to new educational bldg.) 011 I , I L°"N -fence It ! 11 -retaining wall 4 11 -hedge �' PROPOSED PROPOSED If ___-_canopy trees _..e I y 019:— LP 'CES ELEMENTARY GENERAL USE BUILDING SCHOOL 13,001 sf. DANE 4 ,, ' '— EXPANSION ONE STORY C.B.S. I Ov ,I 13,087 sf. EXISTING .7a.; nNG ONE STORY C.B.S. PHASE II o„ II LP I 'R ,A !'T • Eli ov Existing tlorth buffer I MING )CES (adjacent to new general use bldg.) °RHE I'• _fence (OM Q i � ' -retaining wall �Isg1 • 1DasTnc -hedge - ,_.I WALL 10Lr"-A- )'9. ) -canopy trees • •DUTT WOOD PROPOSED SIDE..T IN•1®®® I , --, di ,. Existing Vegetation - - • EXISTING I IP 6 Mr, O oes 0 `OCpPON MAP EXISTING To be Protected ,41111C(I OV I =$ c I ay �p4 KEY DESCRIPTION LEDGE1 Existingfouthwest'Etuffer SVS OUTDOOR PLAY AREA ,rw • BS a�A slnvaeA (adjacent to new athletic cbrnplex) EXISTING SPASMATHLETIC FIELD I ay • GLAa7 UWE, „G„ ICA -fence sTDPPESR . a m •-NocnaPUS!RECDs retaining wall �svv GCS • eu oNMooD TREE ; 1 b S Ov hedge Nc OcE a• -canopy trees/palms iN' DRNE \ I SILVER a onwooD G� 0 I mNsAMaw�cTTtu sa Rn•u Anw • ..•.•. ... .t 0-ce Egs1NG E s CO COMA 5®EBTewA •Aa•Y�Y�Y f-TREE eUITIER L �Lf4Vil�17�LlAZ 41IP WA 4IP 4/4/14M104/0 4111,P I ! I I DRIVE L• I Ces OR MGE GEIGER TREE FVI.cTVNG_AREfAP LAt----- , e•EwMu — R: APPROVAL STAMP _____=1:=11 R'' __._G6'-IB'IJT.IE 4 _____. \ P:N1 • 1 es NIOaJ VXXLY SI mems I GV a8R0.9 VINGNANA arm �� `'� % G i : &,---, ® 1 1 , I II�, t- ''i�I'I_�i�' •%I�_ � e' BABu PNAltTO PARKINS a..1MG BABAL PAUL I MING -, = p •)G DRIVE CES f E0335 - PROPOSED S • DRIVE - MOWE VP DUMPSTER Existing Vegetation gs _ , ' E>uSTING WNPSIER `1x1sT1NG�� D I� Bsill' To be Relocated • Fx inN P""0NGDIMING ��)5: P y '' Ewy'�i� KEY DESCRIPTION t IPI ;�� I -. EXISTING _ _ILP1\\�� PROPOSED ��ATHLETIC COMPLEX ONESrORY �� MR Ov� ovO �� DUlTVi M.MIZr1 1 RLs#0066784 t� 6) SP t DS SILVER Aav G TREE 968.LLIA HEIGHTS DRIVE 6,000 sf.-PHASE II 1 b. W63)5366 �/ I LANTANA,MIZLLL MA3346 4 IIIIIIIIIIII MAINTENANCE 2 DLISTIN_MIZE L•HOTMAILCOM EXISTING �� DELOn BUILDINGAP'PG / Vegetation Inventory`561.313.442d • COURTYARDI r,R .,; in xAn sP. sP • Action P I a n 2015 X2015 ........ ::-._;:-.??,:t=.-.......--<-...,- Lake Worth Christian /chool L�-1 �� l '1�� { =-' ' . " .°,— 1-800-432-4770 7295 High Ridge Road DATE 07.012015 4.3 MOM 86.6¢DOOM ii.MEL.'iV MIll 0816.1015 ..■..■.■ ,^ ....•..••.•b=r >.s. .-1=� I5oynton beach, Florida SCALE IN FEET 0' 20' 40' 60' T I m I • I' • IOV 1 ..srrsrmrr.,:.:vrir.:r`rca(r. oosrNG ■•■ • -� •- -- ■ IXIsrP•1G S'HT. 6'HT. sPA,,,, AFH . 1 WALK �q��xp / /'' '11. � s4 LAWN 1 NEW IdTRT o - wl.a 4 )°V STOP'S Planting Material/Jpecifications d17M / '� AFH . TREES AND PALMS LAWN PLAYGROUND AREA ,,..II�� 'CES 2.100 A. OSP___..,,' �Y - w, .°� I SYM/KEY PLANT NAME OTT. SIZE/REMARKS ../ I� wAu ovDxm oromam ALK7 r ♦ so 4E LPI � / ■■s ■■ .. Ya ?„' j IIT Eoar c 1 I:. _ - !..,,,,..v..,.,. : ® MOWN NOM. xo DMDI TRUK ";..;-4,1' / E%ISTRlG '• ' ® O :. LOBBY 1 r...,_ ® cowumus •, LP �,II T` PLAZA /� - .wme means x IT ur. RETAINING ,eel �/ © I 5 0 WALL ,OV ® PoVSw SATS 'EXISTING) 1'_I I I 'DOMING 5 22 GW.MATCHING CES l• PRKPMM Ill1,' E .wme PAX GT...CS / © �� I 0 ® BM.�vAueno lac,G1N.T)" il '1O �' PROPOSED PROPOSED F n" --il I Irv; ELEMENTARY GENERAL USE BUILDINe0 '''. ------------- I�',� - u-I iii {CES SI-RUBS.GROIPD('AVH25.£vIPES 3:1' SCHOOL 13,001 sf. ,•°/`:•' ' BSING I'saf EXPANSION ONE STORY C.B.S. 0 '' I I CANE ° ® � '°° UNIT. °" :CV cA �;'�e 13,087 sf. lel I Eu.111�:, o © ow �„ I,.. EP NV UT.s FENCE EXISTING !'1I ONE STORY C.B.S. PHASE II ',..-...1 I ono 63, sw •.H,,3 GAL 11 LP I'F'I� 0 ,�.I I . ,\ { OV O Q wu.uv..e cnL •°>el r, I LI m na a HT.3 T• epo •u^ ov PusTPu D"t-iiti+l i,..{ •ry ! - O ® .es soo x••Hr.s . i.4o tie f CE L. RETFINMG „: CG ..�_ — .v-_ 't: •num EXISTING OAAN1 NOTE, WALL :01[. V. 'v°e •.°a—OKE° ••slw��aXe'e� �10� LP { TATVE/LO.PALM.W W TING REO'.NITIES EXCEED,E 301 RE.NTS AS 01811•DHT��T 116IX'Alm `- '�•• _ sops + 1 soU*u ItORIOA WATER MANg6B.IIfr DISTRICTS wATE[twlStic RHLIGTKIN ••maNM000 t� 40 (➢f N Ho 4o f CEs .*,I LEPXISTMG WALK �: OAS I •� EXISTING VOCATION MAP -, s"opAr q �II�� OV CI 0 0 1 OV a! 64II Tt - } G OUTDOOR PLAY AREA 6 EXISTING ',M,r+ S•In. 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Mizell, Landscape Architecture 968 Julia Heights Drive Lantana, FL 33462 561.313.4424 Architecture Dustin@environmentdesigngroup.com City of Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Conditional Use Application !Standards for Evaluation Conditional Uses LW Christian School— 1 st Review Comments 1. Satisfactory provisions have been provided concerning the ingress and egress (automobile & pedestrian) to provide adequate safety, efficient flow, control and convenience. 2. Satisfactory provisions have been made to provide off-street parking and loading areas that do not cause adverse effects on adjacent properties or the City. 3. Refuse and service areas, meeting City requirements and specifications, have been provided. 4. Satisfactory provisions have been provided regarding utility locations, availability, and compatibility. 5. Satisfactory provisions have been made to provide sufficient landscaping screening and buffering to adjacent properties. 6. No additional signage or pole lighting is being proposed as part of this conditional use. All pedestrian scale lighting will not cause an adverse effect in reference to glare, traffic safety, and economic effect.All lighting will be compatible and in harmony with adjacent and nearby properties. 7. All proposed development meets setback and open space requirements. 8. Proposed development is consistent with the current and proposed use and City zoning district. 9. The heights of the buildings are compatible with the current and proposed use of the site and in harmony with adjacent properties and the City as a whole. 10. There will be no adverse economic effects on adjacent or nearby properties, and the City as a whole. 11.The proposed use furthers the purpose and the intent of the current zoning district and the existing use of the site. 12. The proposed use will comply with the abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter3, Article IV, Section I and the Noise Control Ordinance, and the City Code of Ordinances Part II, Chapter 15, Section 15-8. 13.A sound study and analysis is not required for this use. If there are any questions regarding these responses, please give me a call. Thank you. 1l Dustin Mizell, MLA RLA#6666784 LEED®AP 561-313-4424 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Lake Worth Christian School File number: MSPM 15-006/COUS 15-004 Reference: 2nd review plans identified as a Maior Site Plan Modification with an August 11, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Prior to issuance of a building permit for building construction, a surety in a format acceptable to the City will be required to be posted to cover the cost of the following: • An updated traffic study analyzing the impacts of the additional school traffic along High Ridge Road adjacent to the school property. • Design, permitting, and construction costs of a north approach left turn lane on High Ridge Road at the southern driveway X (which is an entrance only) and any additional improvements as required to construct the turn lane per Palm Beach County Engineering Division. The turn lane shall be constructed to provide the required storage length per Palm Beach County Engineering Division standards. The amount of the surety will be 110% of the engineer of record's estimate of the cost for the aforementioned items. 2. Traffic will be re-analyzed during the next peak occupancy of seasonal residents for the surrounding areas after the school reaches maximum attendance of 615 students or upon deficiencies noted by the City Engineer, whichever occurs first. In particular the traffic study should focus on the need to provide the following: • A north approach left turn lane on High Ridge Road at the X southern driveway (which is an entrance only). The turn lane shall be constructed to provide the required storage length per Palm Beach County Engineering Division standards. If upon acceptance of the traffic study by the City, the improvements are not warranted and deemed unnecessary by the City Engineer; either the surety will be released or the amount of the surety will be reduced by the amount of the non- warranted/unnecessary items. Lake Worth Christian School (MSPM 15-006/COUS 15-004) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT 3. If warranted by the traffic study or based on observed deficiencies by the City Engineer, the following improvements will be deemed necessary to rectify the deficiencies, and shall be constructed within 180 days, following approval of plans and permits by the City and Palm Beach County. ■ A north approach left turn lane on High Ridge Road at the X southern driveway (which is an entrance only) and any additional improvements as required to construct the turn lane per Palm Beach County Engineering Division. The turn lane shall be constructed to provide the required storage length per Palm Beach County Engineering Division standards. FIRE Comments: None, all previous comments addressed or will be addressed X during permitting. POLICE Comments: None, all previous comments addressed or will be addressed X during permitting. BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART X (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 5. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building X 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. PARKS AND RECREATION Comments: None X Lake Worth Christian School (MSPM 15-006/COUS 15-004) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- X 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 7. At time of permit submittal, please revise the site plan, landscape plan and all other appropriate plans to depict location of required public X art. 8. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meetings. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 15-006/COUS 15-004\COA after P&D.doc