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Minutes 07-17-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 17, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Commissioner Carl McKoy C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. Commissioner Carl McKoy gave the invocation and Commissioner Ron Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McKoy expressed concern that the Commission conducts business in the most professional manner that it could. Also, there should be compliance with all laws. He requested to add under XI. New Business, a dialogue pertaining to Intown Development and comments pertaining to a Commissioner and his activity creating and talking about monies being paid to a lobbyist. Commissioner McKoy felt it was prudent and worth the Commission knowing exactly what occurred, especially in light of County Commissioner Warren Newell's resignation. He felt an investigation within the City would be appropriate. Commissioner McCray thanked Commissioner McKoy for addressing the issue at the Commission meeting. He had been advised the topic was a CRA matter and not a Commission issue. Commissioner McCray contended there were serious issues within the City of Boynton Beach. Mayor Taylor inquired of the City Attorney if the discussion was appropriate to be brought before the Commission. Attorney Cherof advised if it was a follow-up to the discussion at the Agenda Preview Meeting, the appropriate forum is the CRA meeting and not the City Commission. However, he was not exactly clear about Commissioner McKoy's issue. 1 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner McCray contended as an elected official, the issue should be discussed at the Commission meeting. He did not feel comfortable with one attorney representing both boards. Mayor Taylor indicated it would be brought up under XI. New Business and Attorney Cherof could give more direction when the issue was explained. Commissioner Weiland recalled the preagenda discussion only related to the timeline and whether four months, or a more rapid pace was needed for the RFP on Ocean Breeze. Commissioner McCray agreed, but felt it needed to be discussed and divulged in public. Mayor Taylor didn't think anyone had anything to hide and the matter would be brought up under XI. New Business. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray invited the City to the 49th Annual Florida East Coast Baptist District Congress of Christian Education currently being held at St. John Missionary Baptist Church the entire week. Commissioner McCray complained some elected officials were speaking as the voice of the entire Commission. He did not appreciate the comments and felt more than capable to speak for himself and fully qualified to act as a Commissioner. Vice Mayor Rodriguez announced the Heart of Boynton Beach Neighborhood Association was presenting "Preventing Youth Violence in Our Community" in collaboration with the Youth Violence Prevention Program on Saturday, July 28th. He encouraged everyone to participate in the event to bring out youths and discuss the efforts being made by the neighborhood and the Youth Violence Prevention Program. Vice Mayor Rodriguez pointed out in conjunction with INCA, they had undertaken a Federal Highway beautification improvement project. Scott Blasie and Code Compliance had cited 60 new cases of violations along the corridor in addition to 72 older violations. Also Public Works and Jeff Livergood have worked to identify broken sidewalks and F.P.& L broken poles totally over 100 problems forwarded to the parties responsible for the repairs. He commended Code Compliance and Public Works as the beautification project continues. 2 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Honoring Officer Charles Turco - Boynton Beach Police Department Mayor Taylor read the proclamation honoring Officer Charles Turco for his many accomplishments over the past year and the recognition and awards he had received from around the area as Police Officer of the Year. Officer Turco accepted the proclamation and commended his partners and the entire department for supporting him along the way. He was very appreciative of the recognition. 2. Florida House of Representative Maria Sachs to address the Boynton Beach City Commission concerning the new Property Tax reform. Mayor Taylor announced he would hold this presentation until Ms. Sachs arrived. 3. Presentation of $10,092 to Laura Lassman, President of Play for P.I.N.K. from The Links' Annual Play for P.I.N.K. charity golf tournament benefiting The Breast Cancer Research Foundation. Dan Hagar indicated the growth of The Links was dependent upon attracting as many golfers to the sport as pOSSible and in particular women. A significant amount of money had been raised with the Annual Play for P.I.N.K. charity golf tournament. The staff embraced the event and worked hard to make it the best yet. By competing at off beat times, the event had minimal impact on the regular use of the courses. Mr. Hagar presented a check for $10,092 to Laura Lassman, President of Play for P.I.N.K. Ms. Lassman thanked the entire staff at The Links for their support and hard work during the event. Only 130 clubs throughout the United States participate. She explained the entire amount would go to research. Since 1995 the organization had raised $10M, all of which went to research. 4. Presentation by the Veterans Advisory Commission regarding a veteran's memorial. 3 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Thomas Kaiser, 7145 Catania Drive, introduced the veterans that were present. He invited everyone to visit the monument donated by former Vice Mayor Ensler. Mr. Kaiser announced the veterans were donating a monument to the City to be placed at Bicentennial Park. The City would be responsible for building the base and the Veterans would donate the monument and pay for the installation at the park. All branches of the military would be represented on the monument. A circle of bricks would surround the monument and could be purchased and inscribed with a loved ones' name. A fountain and eternal flame could be added in the future. Mayor Taylor hoped they were coordinating with the City as far as the location of the monument. Mr. Kaiser reported the Bicentennial Park was a better location. Commissioner McCray inquired why the plans for the original eternal flame had not been followed. Mr. Kaiser responded the procedure was drawn out and the veterans had the money and felt the proposed monument was much better. 5. The Friends of the Boynton Beach City Library will officially donate $100,000 to the Boynton Beach City Library for the purchase of library furnishings for the new library. The Friends of the Library, represented by Ms. Jean Birdsall, Ms. Blanche Rhodes and Mr. Sol Barnett, presented a check for $100,000 to Craig Clark, Library Director, for library furnishings for the new library. Ms. Birdsall wished Mr. Clark good luck on the new library. Mayor Taylor commended the Friends of the Library organization for their efforts and part in making the library a great facility. Their support over the years was appreciated. Mr. Clark thanked the Friends of the Library for their work, their spirit and their friendship. Representative Maria Sachs spoke about the new tax reform. She explained the legislature had a mission to address insurance rates and cut property taxes. There was some progress regarding insurance rates. A compromise was reached regarding the property tax involving a statutory roll back of the tax rate cutting $15.6B in property taxes. A referendum issue will be voted on in January 2008 to phase out the Save Our Homes and replace it with a super exemption. There will be a window of opportunity for property owners to keep the Save Our Homes tax exemption. Ms. Sachs recognized that Mayor Taylor was the only Mayor that personally visited her office and outlined the many and varied cutbacks that the City of Boynton Beach would have to endure as a result of the tax cutbacks. She admonished the roll back was necessary and some services would need to be cut. She was committed to preserve the way of life in South Florida and maintain the essential services. Mayor Taylor expressed appreciation for Ms. Sachs' visit and for welcoming him into her office to discuss the concerns of the City of Boynton Beach. He noted Ms. Sachs was instrumental in setting up a meeting with South Florida officials and law enforcement to address the issue of gang violence. Ms. Sachs announced eight legislators would be coming to South Florida on September 8th at Florida Atlantic University to hear the needs of the area to deal with gang violence and youth involvement. 4 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 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> Willie Aikens, 726 NE 1st Street, spoke about the Heart of Boynton Neighborhood Associations and a program at Sara Sims Park on July 28th to bring the neighborhood associations together. The object of the get together would be to stop the violence, save the kids and stop the crime. He invited everyone to attend and express their concerns and suggestions to help save the children. Mayor Taylor remarked the problems would not be solved until the people within the communities got together and worked together to solve the problems from within. He congratulated Mr. Aikens and the neighborhood associations for their efforts. Joe Furell, 100 NE 6th Street, Marina Village, requested the City investigate the dumpster outside on the street at the Marina beside the Seamist. There was a problem with a drainage ditch and the sea wall that needed to be taken care of and was dangerous. There were many improvements and more that should be done; however, the dumpster was not contained at all and was an eyesore for the residents. Mayor Taylor agreed to have staff investigate the problem. Jon Fox, 135 West Ocean Drive, presented the Commission with information gathered regarding the I-95 Exchange Plaza and the alternate truck route. Conversations with CSX and the Department of Transportation and Rail Division revealed an application to change the rail crossing could be submitted by the City. Copies of guidelines, other information and the application to make the change were submitted. Mr. Fox felt the necessary criteria could be met to make the change. Mayor Taylor recalled the Commission had agreed to look into the possibility of a change. Robin Lorenz, 805 SW 1st Court, suggested rather than cutting programs for children and seniors that pay raises for the Commission should be rescinded. AI Rodgers, 113 Tara Lane, recalled the Department of Environmental Protection violation for asbestos removal and also reportedly had two dozen ethics complaints against the Mayor. He gave the Commission one last chance to vote for the alternate route. Mayor Taylor indicated the decision had already been made at the last meeting to pursue the alternate route. Vice Mayor Rodriguez advised monies had already been allocated in the Capital Improvement Plan. Commissioner McCray added the monies had been set aside and $750,000 had been committed. Commissioner McKoy remarked he had suggested reviewing the Commission salaries as well as City staff salaries. Victor Norfus, 261 N. Palm Drive, questioned if and when a new CRA board would be appointed. He also suggested redevelopment training for the Commission should be addressed. Mr. Norfus reported the Community Relations Board was attempting to resolve lighting issues along 15th and 16th Avenues and asked for the City's support. Mayor Taylor responded he had 5 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 no plans to appoint a new CRA board. As far as training there was none being pursued at the present time. The lighting problems would be given attention as soon as fiscally possible. Commissioner McKoy understood there was a CRA related workshop or conference being held in the near future and members of the CRA board may be able to attend. Commissioner McKoy would be investigating the opportunity. Commissioner McCray explained if information relating to lighting could be supplied, staff could then forward the details to Florida Power & Light. It was not a City issue. Brian Miller, Chair of the Community Relations Board (CRB), confirmed lighting had been a continuing concern. A sub-committee of the CRB addresses lighting problems. Meetings with Mr. Livergood have enabled a team effort. Commissioner McCray commented the City Attorney should look into boards having sub- committees and when and if reports are filed and distributed to the Commission. Only one board had been appointed by the Commission. Matt Burger, 221 SW 6th Street, thanked the Commission for investigating the possibility of a southern route. He also appreciated efforts to meet with the Boynton Beach Coalition. Mistakes had been made that caused some confusion and he hoped those types of mistakes would not continue to be problematic. Vinola Rada, 718 SW 3rd Avenue, made a motion to the City Commission regarding Genesis Development's ownership of the property to be developed as Ocean 95 Exchange. The resolution should be with Michael DiSimone, the owner, rather than Boynton Beach LLC or Genesis Development. There are also issues with South Florida Water Management District involving the property and an environmental permit. Commissioner McCray clarified citizens do not offer motions to the Commission. Sergio Casaine, 13 Meadows Park Lane, brought up the possibility of a passive park in the Meadows. It had been removed from the budget at one time. There are currently many more children in the neighborhood with a need of somewhere to play. The park that faces Congress Avenue is not an appropriate park for children. It is geared toward older children and adults. Mr. Casaine requested the Commission prioritize the possibility of building a new park at the Meadows for younger children. David Katz, 67 Midwood Lane, indicated he was sure the Commission had the wisdom not to create a paintball park anywhere within the City. He reported the Meadows Homeowners Association Board had appointed him to work as a liaison with Nautica and the City to return the development of the park into the budget. Commissioner McKoy inquired if Mr. Katz was working as a citizen or as a lobbyist. Mr. Katz replied he was working as a citizen. Commissioner McCray inquired if Commissioner McKoy had been invited to the negotiations. Commissioner McKoy advised he did represent the district and had had no contact with Mr. Katz or anyone with reference to the park. 6 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Herb Suss, 1711 Wood Fern, announced a drill had been held by the CERT program and advised more volunteers were needed, especially with the approach of hurricane season. A new class would be starting in September or October. He also commended The Links for their many programs and excellent courses. Lance Chaney, 238 Birch Street, thanked the Mayor and the City Manager for welcoming the attendees to the Florida East Coast Congress of Christian Education being held at St. John Missionary Baptist Church. Mayor Taylor wished Reverend Chaney success with the program. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appoint an advisory committee of five (5) persons to review the proposed naming of Southeast Neighborhood Park in honor of Betty Thomas. Mayor Taylor advised eight names had been proposed. The appointees could be anyone a Commissioner desired to place on the committee. Mr. Bressner explained the names were chosen from a cross section of the advisory boards. Vice Mayor Rodriguez noted the park was in District III and he wondered how many of the names suggested actually reside in District III. Commissioner McCray pointed out it was in the City of Boynton, not just District III and for all citizens. Mr. Majors responded he was unaware of their residence. Commissioner Weiland appointed Bill Orlove, Mayor Taylor appointed Eddie Mitchell, Commissioner McKoy submitted Elizabeth Jenkins, Commissioner McCray submitted Brian Miller and Vice Mayor Rodriguez submitted Steve Waldman. Commissioner McCray suggested John Allard from the Recreation and Parks Board be an alternate. Motion Commissioner McCray moved to approve the names appointed. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Appointments Appointment Length of Term To Be Made Board Expiration Date IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 I Weiland Code Compliance Board Alt 9 mo term to 12/07 Mayor Taylor Community Relations Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Community Relations Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 7 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 III Rodriguez Education & Youth Advisory Board IV McKoy Education & Youth Advisory Board Mayor Taylor Education & Youth Advisory Board II McCray Recreation & Parks Board Mayor Taylor Veterans Advisory Commission I Weiland Veterans Advisory Commission II McCray Veterans Advisory Commission Alt Stu Stu N/V Alt 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 9 mo term to 12/07 Alt Reg Alt 9 mo term to 12/07 33 mo term to 12/09 9 mo term to 12/07 Commissioner McKoy requested the names of Willie Aiken and James Buchanan be removed for the eligibility list since they had applied for positions on the Community Redevelopment Agency board that is not available at this time. Motion Commissioner Weiland moved to table all appointments. Commissioner McCray 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. Agenda Preview Conference - June 29, 2007 2. Regular City Commission - July 3, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve the purchase of furniture for the Intracoastal Clubhouse from Krueger International, of Green Bay, WI utilizing State Contracts #425- 001-06-1 and #420-420-07-1 in the amount of $81,206. The prices received were best prices from State Contracts with the deepest discounts for municipalities and of the best quality. 2. Award Bid #Os8-2710-07jOD, "HOLIDAY LIGHTS AND DECORATIONS PROJEIT' to Holiday Illuminations of Palm Beach Gardens, FL, in the amount of $72,030 sharing this cost with the CRA. The CRA's portion of the expenditure will be $16,980. 3. Multi-award Bid #Osl-1412-07jOD "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBRODIERYjSILK SCREENING" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an annual expenditure of $65,000. 8 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 C. Resolutions 1. Proposed Resolution No. R07-075 RE: Approving and authorizing the renewal of employee benefits and premiums for FY 2007/2008, Lincoln/Jefferson-Pilot life and disability plans, CompBenefits Corporation vision care plan, MetLife dental plan and the Blue Cross/Blue Shield of Florida (BCBS FL) current three (3) medical plans with the addition of a fourth cost effective medical plan, Blue Options PPO Plan 1362 for employees with dependent coverage. 2. Proposed Resolution No. R07-076 RE: Approving and authorizing execution of 2-year agreement with Sound Investments by J.W. Inc. d/b/a PRODVD Makers to provide virtual tours of city facilities, at a rate of $120 per site (51 sites) totaling $6,120 plus $1,313.25 annual maintenance fee due at the beginning of year two. 3. Proposed Resolution No. R07-077 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Rambler Financial Group Inc. for the property at 1069 Highland Rd., Lantana, FL (Ridge Grove Lt 64). 4. Proposed Resolution No. R07-078 RE: Approving and authorizing execution of a contract with Thomas W. Ruff South Florida for the purchase of office furnishings, quote #102931 for the Boynton Beach City Library in the amount of $85,364.73 S. Proposed Resolution No. R07-079 RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules & Regulations. Commissioner McCray pulled Item VI.C.S. for discussion. 6. Proposed Resolution No. R07-080 RE: Approving the adoption of a policy regarding the use of fee-in-Iieu Constrained Roadway at Lower Level of Service (CRALLS) facilities funding. D. Authorize the use of $400 for the Heart of Boynton Neighborhood Association Intergenerational Gathering from Commissioner McCray's Community Investment Funds. E. Authorize the use of $1,800 to The Children's Fund/Hispanic Human Resources Council from Vice Mayor Rodriguez's Community Investment Fund. Commissioner McCray pulled Item VI.E. for discussion. 9 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Motion Commissioner McCray moved to approve the Consent Agenda Items with the exception of those pulled for discussion. Commissioner McKoy seconded the motion. The motion passed unanimously. VI. C. 5 Proposed Resolution No. R07-079 RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules & Regulations. Commissioner McCray recalled from the preagenda meeting the matter would be tabled and returned to the Cemetery Board. City Clerk Prainito interjected the issue would be returned to the Cemetery Board. Motion Commissioner McCray moved to table Item VI.C.S. The motion passed unanimously. VI.E. Authorize the use of $1,800 to The Children's Fund/Hispanic Human Resources Council from Vice Mayor Rodriguez's Community Investment Fund. (The fol/owing verbatim transcript was requested by a Commissioner.) Mayor Taylor: Item E. Commissioner McCray. Commissioner McCray: Yes, sir. I had this pulled because it says authorized the use of $1,800 for the Children's Fund - Hispanic Human Resource Council from Vice Mayor Rodriguez's Community Investment Fund and I'm kind of - I read over the back up in there and it says there's a place located in Palm Springs and the back up said to do two developments in West Palm Beach. I'm just trying to see if there is conflict of interest and the reasoning I'm saying this is because when I got ready to give $60.50 to a Neighborhood Association, Vice Mayor Rodriguez said that was a conflict on interest. I got sent up to the Ethics Committee because of that one comment which has no conflict of interest because we do not collect dues. I need to know if there is a conflict of interest and if any of his family members being serviced by this and if so, he needs to disclose that. And after the places aren't serving to Boynton individuals I need to know that as well because this says two centers in West Palm Beach. I need to know those addresses. One says West Palm and one said Palm Springs, Florida. Commissioner Rodriguez: Motion to approve Item E. Commissioner Weiland: Second. Commissioner McCray: You did not answer my question. Mayor Taylor: There's a motion and second. Discussion. Commissioner McKoy: There's a question on the floor. Mayor Taylor: Well, there's no answer to it. 10 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Vice Mayor Rodriguez: I don't answer to Mr. McCray. If I had to disclose anything I would disclose it. Commissioner McCray: Discussion still. Mayor Taylor: Go ahead. Commissioner McCray: I need to know as, where are these centers located, for the record. Is it Palm Springs or West Palm? I'm not Mr. McCray. I'm recognized up here, sir, as Commissioner McCray. If I have to call you Vice Mayor Rodriguez, you call me Commissioner McCray, sir; that's proper protocol, sir. Mayor Taylor: Well, Commissioner McCray, if you feel like you do not have adequate information to vote for this you're wiling to vote against it. You have the option to vote against it. I do have a motion and second on the floor. All in favor? Commissioner McKoy: I have a question. Mayor Taylor: Go ahead. Commissioner McKoy: Okay. I'm just curious, these, these funds will be used - could you be a little more specific as to how the funds would be used, Vice Mayor? Vice Mayor Rodriguez: The funds are being used to support the Children's Fund. This is for kids, infant to five year olds, support and pre, pre-education, pre-care support for, for not just Hispanics, but all, all children in Palm Beach County. Commissioner McKoy: So, there will be children there who are from - do you have any idea what the percentage of those participants or those who will be served, who are in fact citizens of this City. Vice Mayor Rodriguez: No, I do not have that information. Commissioner McKoy: Okay. Mayor Taylor: We do have a motion and second. All in favor? Mayor Taylor: Aye. Vice Mayor Rodriguez: Aye. Commissioner Weiland: Aye. Commissioner McCray: Nay. Commissioner McKoy: I'll approve this, but I would like to get - Commissioner McCray: It's not right. Commissioner McKoy: Mr. Mayor, if I may. 11 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Mayor Taylor: Yes, please go head. Commissioner McKoy: I will vote in favor of this. I am though, I do need to just kind of get an idea _ I don't know, is there anyone, Vice Mayor, that could maybe get a breakdown of that? Vice Mayor Rodriguez: I'll do that for you. Commissioner McKoy: Okay, thank you. So, I vote in favor of it. Mayor Taylor: So the motion passes 4-1. 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. A. Project: Agent: Owner: Location: Description: Motion HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to July 17, 2007)(Applicant requests postponement to August 21, 2007 due to medical condition) Commissioner McCray moved to remove Item VIlLA. from the table and re-table the matter to August 21, 2007. Commissioner McKoy seconded the motion. The motions passed unanimously. B. Project: Agent: Owner: Location: Description: LAKE WORTH CHRISTIAN SCHOOL (HTEX 07-004) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for height exception approval to allow a pitched roof for the stair tower at a height of 31 feet - 10 inches, an exception of 12 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 c. Project: Agent: Owner: Location: Descri ption: one foot - ten inches (1'-10") above the 30 foot height limit in the R1-AA zoning district. LAKE WORTH CHRISTIAN SCHOOL (COUS/MSPM 07-003) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for conditional use/major site plan modification approval to add a two-story, 19,555 square foot Early Childhood Development Center, a 15,000 square foot General Use Building and a 6,000 square foot Athletic/Locker Room Building on a 16.23 acre site of the existing high school campus. Attorney Cherof administered an oath to all those intending to testify on Items VIII.B. and VIII.C. He inquired if the applicant had any objection to consolidating the two matters for hearing. Arianne Neilson, agent for the applicant, advised there was no objection to the consolidation. Attorney Cherof outlined the procedure to be followed. Ed Breese, Principal Planner, reviewed the parameters of the two requests including an early childhood development center and elementary school addition, general use building and an athletic locker room building. The additions would allow for 290 more students. The required setbacks were all met and the traffic performance signoff from Palm Beach County was received. The height exception is for one foot, ten inches. Staff recommended approval of the height exception and the conditional use. Arianne Nielsen, Land Design South, representing the applicant, was available to answer any questions. Mayor Taylor opened the issue for public hearing on the two items. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Item VIII.B. Commissioner McCray seconded the motion. The motion passed unanimously. Motion Commissioner McCray moved to approve Item VIII.C. Commissioner Weiland seconded the motion. The motion passed unanimously. D. Project: Agent: Descri ption: LAND DEVELOPMENT REGULATIONS (LDR) Rewrite - Group 2 (CDRV 07-004) City-initiate Group 2 deliverable (in its entirety), pursuant to the LDR Rewrite Work Schedule, Including: Article 1. Overview; Article 2. General Provisions; Article 3. Zoning Districts & Overlay Zones; and Article 4. Use Regulations. These proposed sections will ultimately 13 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 replace and enhance portions of the current LDR Part, III, Chapter 2 Zoning, Sections 1, 3 through 8.5, 11.2, and Chapter 2.5 Planned Unit Developments. Mike Rumpf, Planning and Zoning Director, reviewed the progress of the comprehensive rewrite of the Land Development Regulations and gave an overview of the current Group 2 deliverable relating to zoning districts and overlays. He emphasized the objectives of user friendliness of the regulations and clarification of text, plus added sections. The zoning districts were reviewed including the new urban setbacks and mixed use zoning districts plus administrative changes to accommodate expansion of single family lots. Enhanced graphics and tables were included. The most notable changes were residential regulations and the elimination land use intensity analysis requirement. Replacement regulations will be forthcoming. Mr. Rumpf noted establishment of regulations for manufactured homes had been included. Staff recommended acceptance of the rewrite. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Commissioner McCray inquired about any adverse effect if the rewrite was not approved. Mr. Rumpf cautioned it was only one portion of the rewrite and any changes recommended by the Commission could be incorporated. Commissioner Weiland thanked Mr. Rumpf and his entire department for the outstanding work doing the rewrite. Mr. Bressner remarked it was very necessary and echoed Commissioner Weiland's praises. Mr. Rumpf thanked the Commission and indicated it had been a challenge and a pleasure. Commissioner McCray clarified it was not that he did not appreciate the work. He fully supported the work and effort. Motion Commissioner McCray moved to approve Item VIII.D. Commissioner Weiland seconded the motion. The motion passed unanimously. E. Approve recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2007/2008, as part of the Five Year Consolidated Plan. The anticipated 2007/2008 Community Development Block Grant allocation is $543,483. Commissioner McCray questioned if monies could be moved to give more money to sub grantee funding. Mr. Bressner responded there is a specific percentage that can only be allocated for the public purpose. Vice Mayor Rodriguez inquired if the same types of benefits were covered in the previous year allocations. Ms. Sherrod noted the benefits were generally the same. 14 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner McKoy advised he had always been concerned with the grant funding that covers mostly administrative costs. Vice Mayor Rodriquez questioned if the ultimate objective was for the organizations to be self sustained. Ms. Sherrod agreed capacity building was an important component. Motion Commissioner McKoy moved to approve Item VIII.E. Commissioner McCray seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Discussion on utility rate structures Mr. Bressner reported staff had recommended a three tier structure. There had been concern that the mid range consumers would see a greater increase. He noted the commodity charge would be increasing and the rates would naturally increase. An analysis had been done to compare the four tier system and three tier rate system. It revealed that the three tier system would create a greater increase for those consumers of less than 15,000 gallons per billing cycle. Mayor Taylor opined he was in favor of the current four tier system because it helps the lower income person and rewards people for using less water and conservation. In the three tier system the people who use more water get a break. Commissioner Weiland contended a gallon of water was a gallon of water and one person should not pay more than the other. He did not see that the tiers were equal or justified or fair to larger families or low income that could not update their appliances. Motion Commissioner McCray moved to continue with the four tiers. Commissioner McKoy seconded the motion. The motion passed unanimously. B. Discussion of potential temporary conversion of the Pence Park softball field or Little League Park in the area between Woolbright Road and the outfield of Field #2 into a paintball field. Commissioner McCray asked for a picture or description of a paintball gun. Mayor Taylor described it as looking like a half rifle, half pistol with a barrel and a pistol grip and then chambers with the paint balls. Vice Mayor Rodriguez contended it looked like a gun. Mr. Majors referred to pictures of the field and parks and a picture of the gun. Mr. Mealey, the paint ball business owner, advised they were markers rather than guns. Mr. Majors explained the request was to allow discussion of the subject and potentially move forward to convert fields at two parks for a paintball play area. He reported Mr. Mealey had approached the 15 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Recreation and Parks Department for assistance in finding an area for the paintball fields. The two proposed parks were Pence Park and a corner of Little League Park. Mr. Majors described the various games or sport that would be played and the playing field structure. Mr. Mealey added the players are currently in the woods playing unsupervised. He was trying to give kids and adults a place to go that would be supervised to avoid any injury. Referees would have to attend classes. Commissioner McCray established Mr. Mealey would be renting the paintball guns. Chief Immler cautioned there could be confusion, under various circumstances, that the paintball gun could be mistaken for a real gun. Vice Mayor Rodriguez did not want to take a chance that the children of Boynton Beach could be injured and as Chair of the Youth Violence Prevention Program would not support the program. There were many other sports that could be supported rather than one that requires holding a gun and eliminating opponents. He felt it would be irresponsible to support the activity. Mr. Mealey felt it was irresponsible not to support a structured activity for kids in the City. He reported he had a petition with 500 names supporting the proposition of a paintball field. Commissioner McKoy inquired if anyone had lobbied for the project. Mr. Mealey replied there were none. Commissioner McKoy felt there were better ways to give kids and teens something constructive to do and he would not support the project. Mayor Taylor did not have a problem with paintball activity if properly done, but he did have a problem with the use of the City land. His research indicated the number of injuries have steadily increased, especially eye injuries including blinding. The City's possible liability makes the concept prohibitive and he would not put the City at risk. Commissioner Weiland realized it was an up and coming sport, but he could not support the idea of using public property. Mayor Taylor declared there was consensus not to pursue the paintball field. Motion Commissioner McCray moved to deny the request. Commissioner McKoy seconded the motion. The motion passed unanimously. Mayor Taylor declared a five minutes recess at 8:24 p.m. Mayor Taylor reconvened the meeting at 8:35 p.m. x. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School -- August 21, 2007 16 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 XI. NEW BUSINESS: None. The following verbatim transcript was requested by a Commissioner. Mayor Taylor: Call the meeting back to order. Next item of business is New Business, we added an item under dialogue. I'll turn this over to Commissioner McKoy to state what he wants to discuss. If we could please, come to order. Thank you. Commissioner McKoy: Thank you, Mr. Mayor. I asked that this item be added to the agenda under new business for a number of reasons. This body, the body of individuals sitting up here, have a responsibility to do what is in the best interest of the citizens that we serve. Whether we are a CRA member or whether we are sitting as the Commission, we have a responsibility. I asked that this item be brought on the agenda because of some comments that were made during the CRA board meeting, the last CRA board meeting which we sat as that board. And there was a comment made pertaining to comments indicating that one of the Commissioners sitting on the - here, spoke to a developer about providing funding dollars to a lobbyist. And I don't care what setting that you ask or you are sitting in, this is a responsibility that needs to be discussed and I need further discussion with this Commission on that matter. At this time I'd like to ask the developer who made the comment - I have some questions for them - that would be Intown. Commissioner Weiland: Mayor, point of order. Mayor Taylor: Yes. Commissioner Weiland: From my understanding at this point in time, this is an issue that is being brought up tonight that is concerning a CRA matter and if we need to go by the rules and regulations and do everything properly, this, in my opinion, should be discussed at a CRA meeting and I would like to ask the City Attorney for his clarification on this. Commissioner McKoy: Before we get clarification I would like to make a comment. And the comment is that when this comment was made it was pertaining to the action of a City Commission, not a CRA board member. Commissioner McCray: Right. Commissioner McKoy: That is why this Commission needs to address this in this manner. Commissioner McCray: And I'm going to jump in and say too, it doesn't have to be brought up under no CRA issue. It was brought in a CRA, brought in a Commission meeting, they made allegations, they made statements, unless somebody up here got something to hide I don't know why we cannot discuss it. I want to discuss it. We need full disclosure, not because, I'm kind of having a bad taste in my mouth when I look down this line at some people sitting up here. And it needs to be opened up, discussed. If you don't have anything to hide, then why not discuss it. This is the night to do it. Let's get it out in the open. I don't have nothing to hide. 17 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner McKoy: And do we need any comments from the City Attorney? Mayor Taylor: Yes, we need to ask the City Attorney to give us his decision. Attorney Cherof: Before I make a statement I need to ask a question. Commissioner McKoy, are you representing to this Commission that this matter is about the powers and duties of one of your fellow Commissioners as opposed to a board member? Commissioner McKoy: What I'm saying is that I have some questions about some comments made about a developer that has been doing business with this City. That's what my concern is about and that's why I asked that it be put on this agenda as a new item and I am prepared tonight to be arrested. This item will be discussed tonight and if I have to be arrested and taken out of this Commission in handcuffs, I'm prepared to do that. Attorney Cherof: Commissioner, let me ask you further, is the matter the subject matter of the agreement between Intown and the CRA? Commissioner McKoy: I responded to you why I want this matter on the -- this is concerning a matter that was pertaining to a City Commissioner and I want this - I asked that this item be placed on the agenda for a discussion under new business and that's what I'm looking forward to go forward on. Commissioner McCray: And it's not between Intown, it's between the elected officials who has been given fiduciary responsibility to address this, sir. You are going to Mr. Cherof, but I'm not going to be funny because you are going to say, I'm going to try to jump on you. You are going to try to evade the issue. When we did the minutes, sir, there was some things was not accurate. They went out. We did not get clarification and I'm like Commissioner McKoy, I too, if I have to go to jail, somebody is going to give me some answers tonight. I'm sorry, because I'm just sayin' any time we come to - certain people sit up here, sir, you try to go on your little level and in your little corner to support them and when the two of us, we have something, it's like, you know, we being pushed back in the corner, sir. I'm sorry, I'm just saying, I've kind of had enough. If they have nothing to hide because they said this is what needs to be discussed, brought out in the open, then why are we trying to hide something. This is City business, CRA money. Attorney Cherof: Commissioner, Commissioner McCray I think the record will reflect over time that I have supported you on many, many issues that the Commission took other points of view on as well. The purpose of my questions is to make sure that none of you go to jail for anything. Commissioner McKoy: And I - Attorney Cherof: There are subject matters that are properly before the CRA and there are subject matters that are properly before the Commission. I've cautioned all of you before that it is important to remember the distinction between those two legal entities. My questions are only to try to determine if the matter is properly before you as a Commissioner. My understanding is that Commissioner McKoy is taking the position that this is a matter that 18 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 involves one of the fellow members of the Commission in his capacity as a Commissioner and therefore, it would be appropriate to discuss it. Commissioner McKoy: Thank you. Commissioner McCray: Thank you. Mayor Taylor: Okay. Commissioner McKoy: Ms. Simons, you indicated, could you please for the record, reflect back on the comments that you made pertaining to one of the Commissioners and his activity and comments pertaining to you providing dollars to a developer in this City. Samantha Simons: Yes. On July - Mayor Taylor: Name and address for the record, please. Samantha Simons: Samantha Simons. Mayor Taylor: Thank you. Samantha Simons: President of Intown Partners, 826 Estuary Way, Delray Beach, Florida. On July 10th, I went on record, Commissioner McKoy and for those who were not here, who were not here at the time I'll go on record again, stating that Commissioner Weiland asked me as I was walking out of his office with Richard Baron and Barbara Rudd, on March 14, 2007, when am I going to pay David Katz. And basically we were all floored by the statement. I was lost for words at the time and my response to Commissioner Weiland was David Katz doesn't work for me, why should I pay David Katz? Commissioner McKoy: Okay do you know if David Katz has worked in the capacity as a lobbyist in the efforts of trying to make the Heart of Boynton or this project move along? Samantha Simons: My understanding and I'm finding this out now, so I apologize I haven't stated it before, but from my understanding and speaking to the State of Florida, number one, Mr. Katz is not registered as a lobbyist in the State of Florida although the other night he went on record saying he was a lobbyist for the Auburn Group and was being paid $10,000. And number two, he went to Palm Beach County Days and he is representing to lobbyists and to the State of Florida officials that he's a lobbyist for Intown. That was detrimental to us. And it was a false statement. Commissioner McKoy: How did you feel when, when the, well, so, so, what we're having here is that a, a, a, elected official came to you - I'm just making sure that I understand what you're saying - an elected official, Commissioner Weiland, came to you and commented something to the degree that he wanted to know when you would be paying a lobbyist, David Katz, who we don't know if he is or isn't, there have been some indications that he is a lobbyist, so I think during the last CRA meeting that it was indicated through the Auburn Group that in fact David Katz was a lobbyist for them. So, is that your understanding? 19 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Samantha Simons: That is my understanding. David Katz was introduced to us by Marie Horenburger and basically she called me several times that I should speak to David Katz. I didn't know who David Katz was. Never met him, didn't know. Set up a meeting with David Katz after Marie had called me several times and met him over at Starbucks on, around Congress - I can't remember the exact address, but it's in Boynton Beach. And, told David Katz that basically we're not hiring any lobbyists. If - he told me he was a Commissioner, that was first I actually knew he was a former Commissioner, sorry, of the City of Boynton Beach. And, as a former Commissioner and also a resident, he wanted to help get the Heart of Boynton going and thought we had a great project. And said that he was going to be the campaign manager for the incoming Mayor, to re-elect the Mayor, that was the current Mayor - sorry. And also there were a couple of other Commission seats that were coming up and he had in mind some people that he knew that he was going to help lobby and also represent for those seats. Commissioner McKoy: Have you ever felt pressured by this lobbyist? Samantha Simons: Tremendous pressure. I mean - Commissioner McKoy: Could you communicate some of those instances to me? Samantha Simons: Uh, well, I mean, I'm going to go on record with some emails tonight and I'll be happy to hand them to you. Commissioner McKoy: Please do. Samantha Simons: April 22nd, 2007, at 7:52 in the morning, David Katz sent me an email and it states, quote, unquote. This is why you have been given a hard time because you have refused to pay to play. Exhibit 1. Commissioner McKoy: Give it to the Clerk, give it to the Clerk. Thank you. Commissioner McCray: Give it to the Clerk. Commissioner McKoy: Okay. Now, do you know if, do you know, have you, have you had the opportunity - Samantha Simons: I'd like to read another one, if I could. Sorry. Commissioner McKoy: Certainly, go right ahead. Samantha Simons: Okay, exhibit lA, Sunday, October 29th, 2006 at 1:50 in the afternoon from David Katz to me. Wanted to gather my thoughts. If the developer agreement falls through I feel statements made as well as procedures followed and not followed with others, as opposed to Intown will further deepen their hole. As regards to the article, it will be Tuesday's mullet wrapper. We've got to let it roll off the backs of those offended, stay the course of the upper road and we'll go for the head of the snake after the election. Commissioner McKoy: Who is that from? 20 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Samantha Simons: David Katz. Commissioner McKoy: Okay. Vice Mayor Rodriguez: Can I make a comment? Commissioner McKoy: Certainly, go ahead. Vice Mayor Rodriguez: I don't want - good questions and good answers, but David Katz is not a Commissioner and certainly we have no authority over David Katz or the Intown Group, so I'm not sure where we are going with this. Commissioner McKoy: Well, where I'm going is just - where I'm going to is to get a better understanding as to the comments that's made and I understand there's more information. That's what I need to make a decision on where I want to go with the dialogue. Samantha Simons: Also, we felt tremendous pressure that, you know, David Katz was cooperating with his friends that he had helped get elected and he was creating this dialogue session with us whereby in one respect we felt like we were being helped. And, you know, obviously I'm standing and I'm breathing and I was here on July 10th and when I see that Mr. Katz received a $10,000 payment and is now the lobbyist for our vying team, you have to connect the dots and I'm connecting the dots and I'm seeing that I was basically side-swiped. I mean I was, I was set up. I mean there have been - all you have to do is Google Intown, okay - I'm famous. Commissioner McKoy: So what I'm hearing from you is that there's a lobbyist, in fact, worked for you, mayor may not have worked for you and then in fact worked for the Auburn Group. Is that what I'm hearing from you? Samantha Simons: Commissioner, yes. Commissioner McKoy, when you connect the dots David Katz never worked for us. Commissioner McKoy: Okay. Samantha Simons: He was never our lobbyist. Commissioner McKoy: Okay. Samantha Simons: It was the word on the street that he was because he was telling everybody he was. If I tell you my name is Samantha Simons I hope you believe me. So, the word on the street and the word in Tallahassee was David Katz was our lobbyist. And the word to the Commissioners that he helped elect was I work for Intown. But in retrospect he wasn't really working for Intown. He was gaining information from Intown as a mole, going into the CRA office and demanding information which discredited us, creating animosity amongst the CRA and creating this underlying current with this City and the people that you are representing which in particular affected us, which was the Heart of Boynton community. And there were underlying lies being told about us. While all the while Auburn is in the background. And let me just, let me just continue who David Katz was working with, because there's a team here. 21 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Vice Mayor Rodriguez: Can I - before you move on cause you talked about Tallahassee. Samantha Simons: Yes, I'll talk about Tallahassee. Vice Mayor Rodriguez: Didn't, didn't Barbara and Mr. Baron accompany Mr. Katz to Tallahassee? So how can you now say, excuse me, how can you now say that you're distancing yourself from Mr. Katz, yet he accompanied Intown to Tallahassee. I mean you can't have it both ways. Samantha Simons: I think Barbara can, can comment on why David Katz came to Tallahassee. Barbara Rudd: Barbara Rudd, Intown Partners, Vice President. Uh, actually Commissioner Rodriguez, it was David Katz that invited me, alright to Palm Beach County Days. We were suppose to take an airplane trip with his friend - Vice Mayor Rodriguez: And you accepted that and you went with him and you, and you were with him the entire time you were in Tallahassee, is that correct? Barbara Rudd: No, no, sir, not all the time. Vice Mayor Rodriguez: I mean it sounds like, -- Barbara Rudd: Richard Baron and I- Vice Mayor Rodriguez: -- it sounds like its sour grapes. At the end of the day it looks like you had a battered business relationship with Mr. Katz and it is where it is because of whatever situation you guys had or arrangement. And I don't know what that has to do with this Commission. Commissioner McKoy: Well- Vice Mayor Rodriguez: I mean I really don't. Commissioner McKoy: Mr. Mayor, my concern is not about David Katz. My concern is - excuse me I have the floor. Thank you. Commissioner McCray: Thank you. Commissioner McKoy: My concern is about the conduct by the Commissioner putting what I view as the squeeze on a developer to provide funding to a lobbyist. Now, I have a question for you. Another question for you; have you, have you, hired anyone as a lobbyist to do any lobbying for you in reference to this project? Samantha Simons: Well the, well the interesting thing is, you know, you connect the dots like I said it's, this has been a very exhausting process to say the least. Um, I think I've had better tennis matches than this as a former athlete. This is, this is something where sometimes things hit you after the fact. Okay, and, and people came up to me the other night and I was surprised and they said have you ever paid Ann Gannon. I said yes. 22 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner McKoy: Ann Gannon, the State Representative? Samantha Simons: Ann Gannon, the former State Representative -- Commissioner McKoy: Sorry, former, former State Representative. Samantha Simons: -- now the tax collector. Yes, I had a contract with Ann Gannon. Commissioner McKoy: So she worked as a lobbyist for you. Samantha Simons: That's correct. Commissioner McKoy: Okay. Samantha Simons: She had meetings, with the board, the CRA board at the time. She had set up meetings for us to meet with Commissioners at the time while she was a representative. Commissioner McKoy: Okay. Samantha Simons: And also, this is, you know, I just want to go on record, and make this absolutely, I'm emphatic about making this statement - this is absolutely not about sour grapes with David Katz, okay. Let me just go on record, by saying that on July 3rd when we were up on the CRA agenda and we had had a very large financial firm fly in. I filled out lobbying forms with the City. We decided that we just didn't have enough time to meet with, with the, with the Commissioners, so we invited the Mayor to a meeting. We also invited, Jim Beard, the treasurer of Palm Beach County to the same meeting to meet with this very solid financial company. They are so solid that Jim Beard knew who they were and he said I don't even need to be at this meeting. If you guys are going to be here and you are going to be behind this project and obviously you need to do your due diligence because any financial company is going to. They want to see what the City is going to give, the CRA is going to give. This was a public, private partnership and we - this person from this company asked the Mayor and asked the County, well obviously you are going to give us the time to do the due diligence and it was stated that's fine. David Katz calls me, coincidently - I didn't ring him - at the end of the day. Well, how did the meeting go with the Mayor, he said it went very well. This is, this is not solicited by me, okay. These things are not solicited by me. The email that I have which I'm going to put on record, Monday, January 8th, 2007, f-y-i, what I wrote to Jose Rodriguez in response to Marie Horenburger's email. She wrote a very, very, disturbing email to all of you about our company. Commissioner McCray: Right. Samantha Simons: Which turns out now those aren't factual statements. Our co-development partner, McCormick Baron, has done 106 projects. Now how do you think they raised the capital. So this type of memo and constant stirring of the pot by the sender is the reason why the CRA board as it is constituted has to be dissolved. David Katz thought he had the power to destroy the CRA board, have the Commission become the CRA board and then pick who he wanted to represent and that was the person that was going to pay him and that wasn't me. 23 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Vice Mayor Rodriguez: I think you're giving David Katz way too much credit. Commissioner McCray: Something, when you go back over, I have a question. I need to know did your company pay any CRA board member? I need to know did your company pay any member of the CRA board? Samantha Simons: Never, never. Commissioner McCray: Thank you. Commissioner McKoy: Now you indicated that, that you had hired, um, a State Representative as a lobbyist for you, a former State Representative? Samantha Simons: A former State Representative, Ann Gannon. Who, to be very frank with you, I didn't even think about it at the time. Marie Horenburger recommended her to work with us as well. And, you know, I didn't, I didn't know that that was not allowed. Commissioner McKoy: So she stayed, did lobbying work for you while she was a State Representative? Samantha Simons: That's correct. That is correct. Commissioner McKoy: Is that, do you have anything that supports that? Samantha Simons: I have, I have checks and I have a contract and I - Commissioner McKoy: Could you, could you, could you present that to the Clerk, please. Samantha Simons: I don't have that with me. I mean I'm working with the F-B-I and I've got all kinds of things that I've got, that they've got and I don't have that with me, but I can put that into the City records. I don't have a problem with that. Commissioner McCray: Samantha, excuse me, for the record, can you state who are the officials up here that Mr. Katz said that he supported through their campaign and lobbying to get them put up here. Samantha Simons: Jerry Taylor. Commissioner McCray: Thank you. Mayor Taylor: It's on the record. I hired him out of my campaign. Samantha Simons: Commissioner Rodriguez. Commissioner McCray: Thank you. Samantha Simons: And Commissioner Weiland. 24 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner McCray: Thank you. Vice Mayor Rodriguez: Which was appointed by the Commission. Samantha Simons: You might also check some of the former relationships of some of those Commissioners like with Larry Finklestein. Vice Mayor Rodriguez: Just for the record, Commissioner McCray appointed Commissioner Weiland to this Commission. Commissioner McCray: I was lobbied, sir. I was lobbied also by Commissioner Weiland, sir. Samantha, thank you, you did just what I asked you, you gave it for the record, thank you. I got phone calls, okay. Thank you, Vice Mayor Rodriguez. Vice Mayor Rodriguez: You're very welcome, sir. Commissioner McKoy: Okay. Commissioner McCray: Don't get snobby. Commissioner McKoy: Is there anything else pertaining to the issue of how you were lobbied, coerced, if you were. I don't know. I don't want to put words in your mouth, to provide funding, dollars to a lobbyist. Samantha Simons: I want to add to that. I mean I can't tell you how many times Mr. Katz asked us when we were going to get paid, when he was going to get paid by us. And I can't tell you how many times, in fact, it got to a point that I just even refused meeting with him. Commissioner McKoy: Okay. What I need to know is there any member of this Commission take part in any of those dialogues? Samantha Simons: Yes, Commissioner Weiland. Commissioner McKoy: Okay, and you've indicated one time. Were there any other occasions? Samantha Simons: And in fact, I'll go on record by stating that I called Mr. Katz right after he said that and I said you know, I can't even believe, I can't even believe, the Commissioner that you rallied around, what he's just asked me. I mean what is going on here. Commissioner McKoy: I have a question for the attorney. Um, what is, what is the responsibility of a Commissioner in reference to lobbying and their ability to speak to a developer in reference to providing money. Is there any ruling on the conduct of a Commissioner in that regards? Attorney Cherof: Commissioner, give that another try, if you will; that was rather complicated. Commissioner McKoy: Do you - what is the, what is proper conduct for a Commissioner in reference to asking questions pertaining to dollars being presented to a lobbyist? 25 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Vice Mayor Rodriguez: I think part of that question is who has jurisdiction over such a incident. Commissioner McKoy: No, no that's not my question. Vice Mayor Rodriguez: That's my question then. Commissioner McKoy: Okay. Attorney Cherof: Commissioner, honestly I do not understand your question. Commissioner McKoy: Okay, does, does this Commission have the right to ask, does a Commissioner have the right to ask a developer to provide money to a lobbyist? Attorney Cherof: No, sir. Commissioner McKoy: Okay. Thank you. I don't have any questions at this time. Vice Mayor Rodriguez: City Attorney, who has jurisdiction over elected officials in the State of Florida? Attorney Cherof: Well, the type of allegations that have been made tonight, it would be many organizations or entities that could have jurisdiction; the Florida Commission on ethics, the State Attorney's office -- Commissioner McCray: Right. Attorney Cherof: -- the Attorney General's office. Vice Mayor Rodriguez: But this Commission has no jurisdiction? Attorney Cherof: This Commission has no authority to investigate one of its own members nor to prosecute one of its own members. Commissioner McKoy: Question. Does this Commission have the responsibility to, to have investigated such conduct of a Commissioner? Attorney Cherof: No, sir. Commissioner McKoy: Then, I have no other questions. Commissioner Weiland: I have one question, please. Samantha, Ms. Simons, you made a statement that David Katz never did work for your firm or he never was a lobbyist for your firm. But can you answer my question as to who paid for his airline ticket or hotel room or any of his meals when he went to Tallahassee to, to so call lobby for Intown. Barbara Rudd: He was not a lobbyist. David Katz - I paid for his ticket and I paid for his hotel room. 26 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner Weiland: My question is do you know who paid for his airplane ticket? Barbara Rudd: I just answered that. Commissioner Weiland: Pardon me. Barbara Rudd: I paid for his hotel room and I paid for his plane ticket. Commissioner Weiland: Thank you very much, that's all I need to know. Barbara Rudd: That's fine. Samantha Simons: I have something to add to that. Commissioner Weiland: You answered my question, thank you. Samantha Simons: David Katz wanted to get paid on top of that - okay, I'll add to that on the record. Commissioner McKoy: Excuse me, Ms. Simons - Commissioner Weiland: But you stated that he didn't work for you and wasn't associated with you, but why would you pay for his hotel room. Samantha Simons: He associated himself with us. Commissioner Weiland: Why would you pay for his hotel room and his airline ticket and his meals, if he wasn't working for you. Samantha Simons: Cause I'll go back to Commissioner McKoy, okay. When someone comes up to you and keeps repeatedly saying I can get you votes, I can do this, I can get you through, I can do that. I, in fact, was in England and I'll tell you who set up the meetings with Tallahassee, I did. I set up the meeting with Rebecca Delarosa. I set up the meeting with Representative Hasner. I set up the meeting with Deutsch. I set up the meeting with Atwater. And guess where David Katz was, like a leech, following along, following along. And let me tell you why. Because he wasn't really working for me, he was working for Auburn. Ask me another question about Michael Weiner. A letter went out, okay. He's broken the Code of Ethics for lawyers. He's representing Auburn and guess who he represented before this - Intown. Break of Code of Ethics violation, 4-1.7, 4-1.9. I'm not a lawyer, but you just look up the Florida bar. Commissioner McKoy: Excuse me. I have a question for the attorney. Can an attorney represent two parties such as she's indicated? Attorney Cherof: Commissioner, that type of question is very facts specific. There are circumstances where an attorney with consent or waiver by two competing entities can represent both, perhaps not at the same time, but in sequence. You'd have to know a lot more facts before you would accuse an attorney of a violation of that nature. 27 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner McKoy. Okay, I'm sorry. I never accused any attorney of any violation. Attorney Cherof: Well, by innuendo we are making accusations about a lot of people. Mayor Taylor: Yes, I think so. Attorney Cherof: And that is something that concerns me on your behalf as a Commissioner and by the Commission in total. Commissioner McKoy: Excuse me, I have a right to ask questions and that's what I've been doing, is asking questions. I have that right to ask those questions, do I not. Attorney Cherof: Commissioner, you have the right to do whatever you choose to do. Commissioner McKoy: Thank you. Do I have the right to ask the questions I've been asking? Attorney Cherof: I think your questions are inappropriate in this setting. Commissioner McKoy: Okay, I understand that you may feel they are inappropriate. Do I have the right to ask those questions? Attorney Cherof: Well, the answer to that from my point of view is, no. Commissioner McKoy: Okay, thank you. Barry Silver: I just wanted to add one thing, if I could. Commissioner McKoy: Yes, sir. Barry Silver: First of all, I'm just a lowly civil attorney. Mayor Taylor: Your name and address, please. Barry Silver: My name is Barry Silver, I've been asked to help Intown and I am assisting Intown and representing them. Mayor Taylor: Your address, please. Barry Silver: I live at 18624 Cape Sabal Drive. Just for what it's worth as an attorney - Mayor Taylor: In Boca Raton? Barry Silver: Boca Raton, I'm sorry. Mayor Taylor: Thank you. Barry Silver: From what I know, an attorney is not supposed to represent one client and then later on represent somebody else who has an adverse interest towards the client they just 28 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 represented. As far as I know, you're not supposed to do that. And, as far as I know, there's nothing wrong with this Commission getting things out in the open and finding out what's going on. Commissioner McCray: Thank you. Thank you. Barry Silver: And I don't think there's anything wrong with it and I think there is everything right with it and I don't know of any ethical rule why this Commission shouldn't clear the air and find out what's going on and investigate what's happening. I also just wanted to make a quick statement. Another issue that comes up is the Florida Sunshine Law and that's major, that's huge. There have been decisions that have been tossed out because of the Florida Sunshine Law and this situation here looks like it is clearly implicating the Sunshine Law in spades. And what the Sunshine Law says is that, two Commissioners can't meet in private or decision makers, even CRA people, they can't meet in private to discuss business that's going to come up in front of the board. It also says something else. It also says that an individual can't talk to one Commissioner and then another Commissioner like a conduit and have conversations with two different Commissioners and say here's what the deal is, here's what I'm working on, if you do this then maybe we can get this passed. You can't do that. If you do it and a decision is made like we're going to go with this company or this company based on all that, the whole things is thrown out and you got to all types of legal problems and you got a morass. The best thing that I know to deal with that is to find out if that's implicated and start from scratch. Because what you don't want to do is make a decision that is in violation of the Sunshine Law and then two years later you got to try to dismantle it and if it is, start from scratch. That would be hugely expensive for the taxpayers of Boynton and it would be a tremendous thing what you're trying to do now, I believe, to clear the air and find out is there a Sunshine Law violation. Cause if there is, you definitely want to know it now. You do not want to find that out two years from now when it's going to cost the taxpayers millions of dollars to try and undo what was done. Commissioner McKoy: I just want to state for the record, my questioning is all about transparency in government and so that the public and everyone knows that what we do is out in public and that's the way it should be and that is how this Commission should conduct business. Commissioner McCray: Thank you. Commissioner McKoy: I have no other questions. Mayor Taylor: Okay, we'll move on to the next, ordinances on second reading. Samantha Simons: Wait a minute. First of all, I wanted to submit all these documents in the record. Mayor Taylor: Leave them with the Clerk. Samantha Simons: And included in this document, in these documents, is the fact that Intown is protesting Auburn being looked at as number two. They were non-responsive to the RFP. They responded to a 35+ acre site area-- 29 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Attorney Cherof: Ms. Simons, that is a matter that is before the CRA board and not the City Commission. Mayor Taylor: That's before the CRA board, but you can leave it with the Clerk. Samantha Simons: -- and the contract with Mr. Finklestein which has been a real guise on this as well. Commissioner McKoy: Thank you. Mayor Taylor: Thank you. Ordinances on 2nd reading and Public Hearing. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-015 RE: Authorizing abandonment of a 50 feet wide by 300 feet long utility easement, located on the northwest corner of Federal Highway and Woolbright Road, south of the Southeast 12th Avenue, subject to staff comments. (Las Ventanas ABAN 07-001) Attorney Cherof read Proposed Ordinance No. 07-015 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve proposed Ordinance No. 07-015. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-017 RE: Amending the City of Boynton Beach Code of Ordinances, Chapter 16, "Parks and Recreation", Article II, "City Parks and Beaches". Attorney Cherof read Proposed Ordinance No. 07-017 by title only. 30 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve proposed Ordinance No. 07-017. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 07-018 RE: Amending Chapter 26, Water, Sewers and City Utilities, amending Section 26-42 deleting paragraph (8) relating to the surcharge for potable water during the declaration of a water shortage or water shortage emergency. Attorney Cherof read Proposed Ordinance No. 07-018 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-018. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: 1. Proposed Resolution No. R07-081 RE: Designating either Mayor Taylor or Commissioner McKoy as voting delegate to the Florida League of Cities 81st Annual Conference in Orlando, FL. Attorney Cherof read Proposed Resolution No. R07-081 by title only. Motion Commissioner Weiland moved to appoint Mayor Taylor as the voting delegate. Commissioner McKoy seconded the motion. Vice Mayor Rodriguez recalled the Mayor had indicated he would support Commissioner McKoy's appointment. 31 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 Commissioner McKoy advised it would be his last term serving in that capacity which would round out his goal to work with the Florida and Palm Beach County League of Cities. He would accept the nomination. Mayor Taylor agreed Commissioner McKoy could serve as the delegate. Commissioner McKoy withdrew his second to the motion. Motion Vice Mayor Rodriguez moved to appoint Commissioner McKoy as the voting member. Commissioner McCray seconded the motion. The motion passed unanimously 2. Proposed Resolution No. R07-082 RE: Approving a Preliminary Rate Resolution for the Fire Assessment. Attorney Cherof read Proposed Resolution No. R07-082 by title only. Motion Commissioner McCray moved to approve proposed Resolution No. R07-082. Commissioner McKoy seconded the motion. Commissioner Weiland remarked he was on the Commission when the fire assessment was originally imposed. He did not oppose the improvements, but did oppose the method of funding the fire improvements and remained opposed. Commissioner Weiland recognized the improvements that had been made and was in favor of moving forward with the last year of the fire assessment. He reiterated he was not against the improvements of the fire stations, just the method of paying for improvements. The motion passed unanimously. 3. Proposed Resolution No. R07-083 RE: Adopting a proposed municipal millage rate of 6.4553 for General Operating Budget purposes for Fiscal Year 2007-08. stating a rolled-back rate of 6.9412 and setting forth the date, time and place of the first public hearing. Attorney Cherof read Proposed Resolution No. R07-083 by title only. Mr. Bressner advised it was the rate discussed at the budget workshop. Motion Commissioner McCray moved to approve Proposed Resolution No. R07-083. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. E. Other: None 32 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further items to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:11 p.m. CITY OF BOYNTON BEACH: , Pitch' "-~ ATTEST: 33 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development p &Z Building Engineering Oce. License Deputy City Clerk PROJECT NAME: Las Ventanas APPLICANT'S AGENT: Epoch Properties, Inc. APPLICANT'S ADDRESS: 359 Carolina Avenue, Winter Park, Florida 32789 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3,2007 TYPE OF RELIEF SOUGHT: Request to abandon a fifty (50) foot wide utility easement located adjacent to Lots 20-23 to the east, and Lots 24-29 to the west, Plat of Central Park LOCATION OF PROPERTY: Northwest corner of Federal Highway and Woolbright Road, south of Southeast 1 ih Avenue 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 APP~t 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 "0" with notation "Included". 4. The Applic9nt's application for relief is hereby L 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: 07-/;/0-07 S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07-001\DO.doc EXHIBIT "D" Conditions of Approval Project name: Las Ventanas File number: ABAN 07 -001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X PRIV A TE UTILITIES Comments: 1. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a. Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. b. All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c. Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or property owner and/or requesting party. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X Conditions of Approval 2 Las Ventanas DEP ARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:IPlanningISHAREDlWPIPROJECTSIGulfstream LumberlUptown Lofts at Boynton PlacelABAN 07-001lCondition of Approval Las Ventanas.doc I ,_ ~J ri-. ~\:: l I r-:: 'M"H AVE I DJJJI[llJ ~t- (\ I 1 J I ~ ~~ I ~~ IL 1 I I b.l I .. DJIJIIIJ = I r. ---., ~ ~~ I rl J ~ ~ J ~ - H '-.....H,-/ 1 I ." t- - - r .L L b ~D I ~ JII~_ii._l =// If\! " ~~ f!~~l/~ ~-~r~~...~ ,bJ, "~Tl" l.."i; ~ (7 ~ ~ ~ .'1 J l" BJ!tIIIEj " ./" I t-- '/ 'J lJlJ,/VI;J In I I I I '1/ /l~ ////1///1 JJ ///) 'JI/} '/i//, ~,~ ~~ ,.~kk SI! Ij~T.!. k\J rl?/I/ ;/1///;// J) '//I//11J0 '/ljll/ / I I 'I 1!4P.fi////h,~~ W/~ ~ '1I00~1~1~IGH'f..RD ~~ /1 II! SITE ( / f MAIN I LVDj / f "a:r.wIAUll J i,i =1/~ ~//; If- /;/~ b S~2~HA~ :~ //i@J C[JfIJ V 1l~ $a 20tHI c (M{Jj 7 f1J/11[]]J L) -1 I II / / / I I ~l,J -. ~\.; !l~1 J,l J,,-tJ1: , I~J ~-tH av I I L . 590 I Exhibit 'A' - Location Map I J I L I I I InJ ./' /H I II ~ "NUG HARBOR pR I _f / ~ I '- - I U ,- - ~ === ,'" - r ~ ( ( 295 '" 2,360 ~ I Feet wT s o 590 1,180 1,770 'Ji EXHIBIT B ,.,......._., o,\4I-'O~I\eM:IG~~r,.... awcIoI"r! _'5100~ li&~_ ..~ ....""".c-... _ __ ,_ _ _____. _,.._,.... "_' ~___ ...__...... __ _ __...._. _.._ _.. ....._........_... _ _ _... ..._,,\000 .........._ o,.....,....-..f __ _ ....... _II !:I i i '--- HJ i-~ k (l t(', '''~I [j .'f r "r-'{t"'.m_":;~~'"-;c"'e"",o'{"Y':';;"S;;~;'~;"~'::''::"'":::L:'~'"";"j o;"ec""''"''';,,,;''4"=E' ? ; ,.~ . W :. '.' " , IiI I J ':iil:"! ' - !., "fit" II . 'o+s~ultit'''~. :;:~-- "1 . ''''t,cf 'f~I ! i :Iu 111 ,.~~;i~~:~.g~~~~...=::: f~=<:~~~ .~>:?:;:-" ~':;=~2~~~;;.?:~;;;,;~;;~:;;1 , ;':' 7..c:______.--.~- t'r--'---:1~----1'---'--'J.::.? ~.:/ 7"'-:J::!,:)llA:~"xf'.15'-r . --..........:. ,~, ,,("~ii:""':~.:==::;:::~~~~~;;;:~~~~~~ --tlj, r :,,, '''1 ;~I ! 1111'~-lliillili'!llj!'l~lljlrllli!~! ' 111!111111!IIIII'tlllfllilll n fl'llq!l'I'Hllll i"fflfl~JIIIH~ II i 11 t I - Ii'! II ! I jllll "1111 Iti! I_ I' I! lllil; \'llr/III,II,Ji11! 1"..11 il.If" ~l ifl . 1 I ' 1111111 1111111 lJl 1 1 !...S .r 1...11 illl1f 1m! I P if' n Wit! I 'III f 111I I In' ~ If I I II I!I I i I II 'I in! liii i ~fl fib! !Ill . u .. ,,!! !~ III- I~ I<$> !~ lei) I f$ ~ ~l!l ~ I ia?; GULF STREAM LUMBER e 8& II - BO"a,nott HU.a. 'LC)It1CA ""'Il'" ., I o.ft: 'I' I CONCEPTUAL SITE PLAN j' j; I ._"i11 ill HI I~ Iii ; -I'"i, .., I~I,: I~ Ii! J= HI 1: n 1- tJL. ! ~r,- ._ ,.1 f 1:1 1,[ -tii li.~1 In I Ii ill I: 1;1 ;,: ii: PI ~,... - ,... (3 0 . - __TO I I 80 (D) I~ vcr; t\ '~C ,.>J r~ "C - Z"1 \ " c Z S ~ r'1~ ?' --< " N'"t' en <.1..~ 0 r f" l~~:CK-M::p ~45.J 620.30'(M) v ,," 00 C -z 00 '" (J1 ---r~ ) 'j Legal Description of Requested Easement Abandonment 68.00'(0) -0 )> ;;0 () er, r '" CCu -lU10 ,...,....;:=I'T1(j') -' ~~'a3 ~ -0 r:;; CTl_;gSu f"II "'-< '"Vl Vl- ,.., ~,. :::!r " That part of the right of way for Southeast 2nd Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: ",-< '-0" ':2 f'T'll""",C::::O X("T'1rT'\ nf" Vl :> rr,Cl -l Z N 5 ~aJ ~ 0 ...p.. ---" OO-l 0 'z~o CJ "" Z Vi ",A Vl ^ )> L.l~~ ;;0 () ,,;;0 C'1 r C> (Xl '" -oJ ... lD '" :. "'. ~ ... lD 0 "" N ,-,,0 "'. --i 0 AREA OF REQUESTED EASEMENT ABANDONMENT -+ o. -~~--- C> '" J> " I ~v. ~~ Begin at the northwest comer of lot 20 of said Plat of Central Park; thence S. 0.54' 40" E., along the west line oflots 20, 21,22, and 23, 300.00 feet to the southwest comer of said lot 23; then N. 90 . 00' 00" W., 50.00 feet to the southeast comer oflot 24; thence N. 0.54' 40" W., along the east line of lots 24, 25, 26, 27, 28, and 29, 300 feet to the northeast comer of said lot 29; thence N. 90.00' 00" E., 50.00 feet to the point of beginning. ~<.c '8 8 '" "< 3 I , , I I "'I !ill '" ~I ~I I I I zd 1 !ll~ 1 ~o I ~~ I ~' I 8 11 OF WAY liNE -l 264.00'(0) C~fTl""T1/'-... V1 O' I'Tl fTlll1-...Jz V>' ,.., CIJ-NI'Tl -<~ ~ Q~ U1. ~u ~co~ I... -O--a;J rT"1:( ::!I"..I, c; ~ ~~ n '3~ ~~~ ""U 0 C "'--< 0-< '^f'l ,. ~ ;:: ~ ~ -, '" '" '" i.n u; "< '" 3 :.., .... 3 V> ~ >: ~ " c Z r Z 01 CJ :J> ;;0 (") fT1 r i. .w. '" '" "< 3 g ,-.. ;;:: ~ @~'iiiWljj ~~~~~~ OCXJ~!"~01 """f:lo.--~~ u1ou)'~o>~ Vol 00 (...I a ~ - . ~ ~ 1>1.. ORIGINAL: WES'lERL Y RIGHT IIOF WAY LINE ~ \ , " 1/ / (FEDERAL ~TMENT OF MAP SECTI Z;:1 OZ .n '"'.f" ~~~ ::X::>-l >;;::(]I G;~-;;' o . $ ;0 0>, (") :E c ~~~ q G) ~.i);;2 I C -->.:3 -1R '" ~ /' -< ~ t:---z . " I 62 / '0 N07.45'44~E '" , EASTERl Y RIGHT OF x~~ ::X::>-l >3: (]I ED ~-;;, o . $ ;0 Ol, (") c - --< 0=- 01 Z n 01 o c f'TlY1-< (Jl-'P q~o '0 '" @O~b ;oal:>C i"i~~5 ZZr"l r 0, al~ N "'- . t::~ ;0 ,;0 (') -- "'. 0302.7S'(M) ) I f'l0 '" "'0;;0 010'" ""'0," "'0'" X"'f'l X01 f'l Xf'lf'l Xf'lf'l Xf'lf'l "f'l Vl nr't"JV1 "f'l<J> nf'l Vl nf'l Vl f'l0--< "'0'-; f'l0--< "'o~ "'0-.., N 5 ~CD ~ r" '" r" ;;0 " '" " '" lJ1~~~6 ~ ~ 3~ ~ ~sg~S ~ r- 6~ ~ N,::lctln zo - (X)Sz~o CD S ~~ 3 z ",0 zo- O> ,,0 v>\!! ~...Bi "" Z ~4=>0~ "'" Z -U ~~ ~ CO ",... Vl ",... V> !::1 0 VJ~ ~ ~~~ "''''" Ol V<~~ )> VoIQJ ""0 "'>: .<j>f'l ;;0 . f'l vi OJ> ,,'" ,,'" ,,;;0 ,,'" () ,,'" o,Jr C> C'1 ~ .", " " C> " r fTi '"' ;;. '" '"' A <j> '" '" <j> (Xl '" ... ... ... RONALD STREET CJ )> ;;0 () C'1 r fTl"UO:::O fTl"UO:::O XGHT'l1"'l xC)fT11'Tl () rrI (/) () I'Tl (j) fTl(".lO-l f'T1uO-l "'U en:;:U "lJ en ;;:0 ~-I><~~ 5"'gg ~ 5 ~ * ~ :::: 5~ ^ ~ -1't ...Vl -1~ ~r..n LN ~iJ 0J ~~ * g :::0 C~NTRAl PAR K ,.,,-00:::0 _I ~:8 0 CO S RESTRICTIONS PER CD f'l0'" 0 '(I)"" "en '" DEED BOOK 426. PG 364 ~~~ m0-10 61.O~~ ~tf)VlEXCEPTlON #33 Ctio;ti ::o~>Cr z ~oz :I:~~ i"i_3:Z0 ~~ _I g~~ ZfTl\:JO-l ~ ~Vl >~U1 ~ 0 zoo Z 8 -. -" c... ~ ~ r- "'tI........... -1~:~ G;~ ;:'(11 :::0 ,CD~CJJa~5 Uol_~;:g ~~ 11 1m ~ ---l "'U;t: U1I1::O () : (") \ 135.21'(1.4) 500'49'05"[ 'i: tI-~O f'l - ALD-EN STREE ,,,,Ii ~~~<;~. 5 d R I G\H T 0 F WAY I I ~ ~~\ll g _ ~ W I ~ T H\ PER P L A T " / r lD.O 0 , ~ EASTERLY RIGHr / N (") UI oz 5d =;~ f'l;:1Of WAY UNE=;;:;j ~ ........... "'r1~ c: ~~ o:Z _ r ~ z \ ~ S:t 06 u,.~ ~.~ aS ~~ ;0 t:;;U!. <.n -< Q~ u: ~ ~~~ II -10 CD Sj ~~ ~ """C I\.JC) :j tOAS <j>-< co OJ o ~O~d ::!1gJi:~ 52~~c ~ ED (I) 0, ~ c: N f"Tl (,.,.1- II I U1M ;0 Vl,:U (") r VI ~;;l~S ~~~s tJ1.I""lU'l-< t::o ~~ /-~~.., ~ G ~~ Z~""TJz(Tl o-;::,~f'l - 'z \:;; 0;00 .\ C; C E N T R ALP ARK '.PLAT BOOK 12 I'T1 "'tl 0 :::u ""'---- X<:lOl,"m ..,."",0' (I)"" ~lJl8~ CO Z (DO -10 ~~CD29r?> ffi: r ~[D >e 60~OO~0r"l::!1~15S z ~ ~ --.,.:=!: ~ -l z~ I'T1 ~ """ VI m ~ Vl lT1 r- 0'- +:- (.,J_~~ '-'~ tD~ 8 ::0 JT1 (.,.1- (]'I ~;:;:l '- .::0 ~ ...., - '" o L6 ;EBd ,.. C ~-z ~oo ;0 (") ~O'~d ::!1gJi:~ ~ 52~~0 ~ r(J)o~~ lDe (1) S ~~ . ~::o ~ ~ I \ I '-..I Vl 6 f'l >: ,. -;;;--- '- ['1 ~ ;s o '". HIQHWAY STATE ROAD TRANSPORTATION ON NO. Q.'~n1", ___ NO. RIG H T '^ o. RONALD STREET (SE 2ND STREE VACATED 50' WlDE RIGHT or WAY 50' WlDE UTlllTY EASEMENT PER ORB 1572'. PAGE 820 & ORB , 5721. PAGE 826 EXCEPTlON # J2 ~Vl6 ~~ 0,- .'" V> I ~ VI >: '" ~ !7' " -.J 0 CJ!.z S~ C). C' Yl-<! :>0' -z. "'(1 OIl .0: ::u[ '" r RESffilCTIONS PER o 0 DEED BOOK 426. PG 364 --i EXCEPTION #33 -' "'S RESTRICTIONS PER DEED BOOK 426, PG 364 EXCEPTION #33 -0 )> ;;0 () C'1 r RESTRICTIONS PER DEED BOOK 426. PG 364 EXCEPTION #33 r "'0 -4 V> o c ~ fT1 '" r- -< '" ;;; :x: .-; o ." :E ,. -< r- Z T'1 o --i '" ,. Vl i: f" Z , (Xl 0 --i , ""'0 -4 P AGE 1 2 ,,"0 -4 "'0 --i r -0 -4 -- 5) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z BuildIng EngIneering Occ. Llcen.e Deputy City Clerk I PROJECT NAME: Lake Worth Christian School APPLICANT'S AGENT: Arianne Nielsen - Land Design South APPLICANT'S ADDRESS: 2101 Centrepark West Drive, Suite 100 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2007 TYPE OF RELIEF SOUGHT: Request for a one (1) foot - 10 inch Height Exception to accommodate the stair/elevator tower to be located in the Early Childhood Development Center/Elementary School Building. LOCATION OF PROPERTY: 7592 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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 "C" 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: 07-(J.O-07 S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 07-003 COUS 07-003\HTEX 07-004\DO.doc EXHIBIT "D" Conditions of Approval Project name: Lake Worth Christian School File number: HTEX 07-004 Reference: DEP ARTMENTS INCLUDE REJECT 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I 1. To be determined. .~ I I S:IPlanningISHARED\WPIPROJECTSlLake Worth Christian SchoollMSPM 07-003 COUS 07-0031HTEX 07-004ICOA.doc r LDV I l'llV-'VV.J"t!."\JelgnvDllq~4f W _ UOULtD.pSl S(~N '_L./ E ,~.,... .i~~" (c) Copyright 2006, Pictometry International LAKE WORTH CHRISTIAN SCHOOL EXHIBIT A lalla I fil,1 !I!..m ,... . . !' !~ ~ IJ S~ ~~ ~~ .- 'I' ; f ~----;',:;. II II ~ ~ II '"*I' ! i , f; ! ~ , ! I' i .- ! .! l-n~u-n-/F'iI- 1,1 i lSill . -,,- I 111I B3 I w---------ltl---O Iii III 'Ig 15 Em m 'I I I ~ ! m ~m ----~-------1j'c-- m m 0 I ~~I -'~I III !II . . I I 1111 " C ,'l I , :'I!I f; "~if ~ fir' 1"1 ~'lli II . ;; EXHIBIT B P. I, '. I il!l L..___ m ; ; II iii II II IIIlHIlIl!J s ulllllll1l5 iIIHIII~P: 'i ~ ~ ~ ; ; II , ! ~ =q.iif:i,g Ii. ! I I lei ~ I a I . I ~ J ~ I · I i I I G ~ I ; i ! e i @ , ; .D. il I J I I ! ~ (0 ClPYIiIUj;.lT TtIl.S llDO.oIIII:NT [S TJ.I: ~IlTY 0/7 K~' ... lln.J..."sr"'f~S. ""'. .... IIlGHts ~SorVD"'~ flMY I'OSR:SSllIN. .~lICrlDN 011 tnHtR ~D Dr UIIS ~ucr IIfTtG.JT THE WllfTl[N a1NSCHT OF" KlNIElII,.T A. IlEI.U.SUTlDL4. P4 IS 1'IIJ>1111ftD. ... ~I~ I ~ II I I!IILY A- I. 1 !o!lltlll~1 __ ~.~~T~ P.A. CII I'" .-.. .. ...... I.MlK ...... ...-... __ I ..---. .....--- ...__ II m 'I ~ n i Ii . , I UICE WORIH CHIIMN IICHOClL. .. """'ARY 8CHOOL a EARLY CIILD DI!Y. CSt 11:1I --- --- ~I I ~I I; ii~ ~ IR I 0 IiI l-~- i I Em I:: r 0 U1_91 !I!!I i ti .!I B3 1.0 ~dli . II f! I 'I J.-LI 1~ ~ f~i! ~ ~ -=c.u 1 ~Il 11 -lc !Ii o coP\'RlCiHT IlnI IlCCtKHT IS Till: PRlIPERTY or klMlERlr .. DtU.AnUIQ..II, P.A AU RtciHT'$ IIUEIIVC!I AND oil'" I"DSKSSrDH. lIlO'RQDUc:TLttI Oil OJl€1l iJsrD IT n..~S P'fmtuCr \/IlIO.JT Ii'll: 'oIII[TTtN t:D<iSEHT or IOlol'[Rl.r "". llCu.ASUTIOJ!. p~ IS I'CJHI.ITI:O Ie:' ~ ~1';I~liSll~1 ~~ATIOU8. P.A. ~m=OL . 01 CII .~ ~ I ...lClItJ_.....+~ EARLY CHLD DEW. CENTER Z 1-..& .......... MWr'. lAC..... n.-....... ..._.... ~ --- .... --- .. -..,. .....~fI.aIIIl s~ ;m ~~ ~ ; i 9 E m. I EI' Em' I I 83 , -l~-_-~---I1-D liES ~l I rill !m ;pl ~~ ~ EXHIBIT B it_~----, ~~I I~I eli Ell, ~ . II ----------------- ~dll ,. ti . lEi' Ell \ i r I) \ { I ff~ ~'HII '~ ~I ~II " I I ,11 I I '~.." ~ i \ ; \ ~ I 'ig ; pq * f!~1 !,l~m l)1; . II ;~; !Il I · I 4 -0/' ~I I ~I I; i~ .g : il r" ,~~ ,1. ~ ~ 0 r--------------~;;a ,. I I ~ ,: I . ~, I ! n~ 'is, I 6: I ' I I I t: I I I I 'b , , Z z ~ r !' ~~I~I~lil~ ~ I ~ II~I~ ~ ! ~ 'I '" I ~ I!i ~ g q~ Ilil i O!I~UUU ,h'r'h ~Uhh~ ~n Ui~ . LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH, FLORIDA r-m "'?-< w,. -< ;g ~ Ci :I: -< ." ~ ill ~ ~ ~~~~~~~ ~~ ~ ~~~:rn;~ $~ o ::555~e5 ef; N~OCO~Z =1-, "';t"'6=z~ ~~ ~o~~~oo x_ ~~ ~g~s ~Q ~~ ~~~c ;~ g~ ~5i~ ~~ )o~ s:zgo (Ie -10 ';ozz C!~ ~o ;;;O;>Cl~ rn~ ;9 ~~21~ "'z ~t: 6;l~~ a~ .,,;I! zn-~ ?;:; 5~ ~~~~ ~~ B~ =;t;;;II ~s Z6: ~~~g ;::5 ~ bg6Q ~~ 'i ;E ~~ 00 ::I 0 ~c ~z & g ~~ ~~ ~ i ~= g;r ::III -l 0- 0 ~ ; ~~ ;i p ~ ~~ ~ ~ !:l ~~ (1 ~ ::( ;;I~ >l EXHIBIT' B >)..<~ R~~6 O~E~ bo:;!~ ~i5~m ::;:~>~ ~m~~ ~~mz -l~;-I ili8~~ ~~~~ c~!"'-r rn~~~ O~OC) ~H~ "'~o~ -I:!';:;~ flirn;:~ "'~;:;~ ~~~! ~l::~o ~~ ~ :to ~ ;z 0 Cl Q ej 51 ~ 'f' ~ ~ ~"~ ~ ~ -<-< III o ~~ ~ m~-a ~~ ~ ~~ ~ ~ tn. ?i: ~ g~ ~ a ~~ ~ ; ~~ ~ ~ ~~ 8 -l oz -l 21 "> a7 ~ :t~ ~ =l ~o ffi ; >~ ~ ~~ ~~ g G)m m =~ ~ 2 ~~ ~:' ;-; ! ~ '~ ~ ();:o )J -< I-; 0 ~ g~ ~ o ~ rn ~ ~m n z ~ '" LAND. DESIGN SOUTH Planning I landscape Architecture Envronmentol Services I Transportation 21111 C....'repart:W.IlDoWe.s..ll.IOO 'w.'.~""'''ac:l\,FL :J3<<)l> lltlltpnone, S6''''f1-450' . '"= 5~l..ol7&-S012 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. License Deputy City Clerk PROJECT NAME: Lake Worth Christian School APPLICANT'S AGENT: Arianne Nielsen - Land Design South APPLICANT'S ADDRESS: 2101 Centrepark West Drive, Suite 100 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2007 TYPE OF RELIEF SOUGHT: Request approval for Conditional Use/Major Site Plan Modification approval for building expansions in conjunction with a 19,555 square foot Early Childhood Development Center/Elementary School, 15,000 square foot General Use Building and 6,000 square foot Athletic/Locker Room Building. LOCATION OF PROPERTY: 7592 High Ridge Road 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 Appliccy1t -L. 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 "C" with notation "Included". 4. The Applicapt'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 7-610-07 'm. ~ ' S:IPlanningISHAREDlWPIPROJECTSILake Worth Christian SchoollMSPM 07-003 co US 07-003IDO.doc EXHIBIT "D" Conditions of Approval Project name: Lake Worth Christian School File number: COUS/MSPM 07-003 Reference: 2nd review plans identified as a Maior Site Plan Modification and Conditional Use with an June 5. 2007 Planning and Zoning Department date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). PUBLIC WORKS - Forestry Comments: NONE X PUBLIC WORKS-Traffic Comments: NONE X ENGINEERING Comments: 2. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 4. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 5. 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. COA 06/25/07 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 6. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 8. Utility construction details will not be reviewed for construction X 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 POLICE Comments: NONE X BUILDING DIVISION Comments: 9. 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). 10. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 12. 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 COA 06/25/07 3 I DEPARTMENTS INCLUDE REJECT much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 13. 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. 14. On Sheet EP-l, the light poles shall be designed and installed to comply X with the 140 MPH wind requirements of Chapter 1609 of the Florida Building Code. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: 15. The landscape improvements shown on the four (4) color elevations should X be the actual heights of the proposed trees and vegetation to scale. This will show the visual buffer proposed for these elevations at time of installation and inspection. PLANNING AND ZONING Comments: 16. Building height in R-l-AA may only reach a maximum of 30 feet to the X mid-point of any pitched roof. Approval of the COUS 1 MSPM is contingent upon approval of the height exception (HTEX 07-004). 17. Phase II buildings (General Use Building and Athletic Complex Building) X will require separate site plan approvals at a future date, since the necessary drawings are not part of the approval package. The footprints of the buildings and their location on the site would be approved for concurrency purposes, as part of the MSPM/COUS approval. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS COA 06/25/07 4 I DEP ARTMENTS INCLUDE REJECT Comments: 1. To be determined. MWR/sc S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 07-003 COUS 07-003\COA.doc r _LDU r l"'UjUV:J't~_"'e]gnuDIlq~l.f- \IV _ UOlJLU:J .pSI '.--------r-, / \ S ( --7N E LAKE WORTH CHRISTIAN SCHOOL .'.1 (C) Copyright 2006, Pictometry International EXHIBIT A EXHIBIT B I I I I I I r~ "J ,I", " ~ ".II ;;;: ;~: . ""-'f"'''''''''' 5 ~ -< 5 z ~ z W'; :I~ - 1 !Illl! illlillllll!!I!lllll!lll! 1111!!III1!!IIIIMi'll!luilllll ijiil ~j I h~ ~~iUili!M~~llj! n~dmmmWil~i i~II~~m i I ~~I ilmh~~i ! i;m UUU~j~ hH~ !f g Ii !~i i ~ m ItiUjli!l I ~iiil ss ~ir ~. ~ ! ~! ! ~ m l!UI~!la~ ~ h~i~ iE I I ~ ~,:~~. jh il~~hii~3 r ~~dJ - f j HW! ~~g ~ U~A~h . ~~ii6 . ~i.!J .~i ~"~~~l ~ ~ ~n~~ ~ L..;...._ I. ~~ g ~ ." _ --t--..,!",..",.,.. ~,. 2 ~......"'.-t;;. '. ~~. ...:::. '. s:: u:~t(=C.l!n!l 55&l!:... 1!5&::~"':r ~ -< !l: ~; 'II ~ ~ ~ ~ ~; ~,~ I!l ~ l!;:!!: IH;! ~; 1: ~:; ~ t:: l:: ~ ~ E ~ N o z Z Cl ~ :1 'I :I: ! png ~ I r- '" ~ ~ ;:s! ~ ~ ~ ~ l~ ! ~ ~J"~ ,! I I !.g~!lie~ ~ii~ I'.! '~Ii !'Ii idUld ~U Hll . LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH. FLORIDA LAND. DESIGN SOUTH Planning I Landscape Architecture Envr-onmentol Services I Tronsportolion VIm -p-< '2IO)C..."'P<>'.W...O-'.WlI.,DO.......!~.....~fl 1W09 ~:iOl~.c50).fCJiCiO)""7e.-501J EXHIBIT B III ~; --" H" - 'I' H qH11 ',il '!i I I ' Ii I I ! i i Hill ! . ~ I! i i! I ! ',- ~I 1i!'11\ I IIi ~ II i I \j lit I illl ~ .. ~ i II Ii' I · . i" I \ \ ~ I!! I ! __,~m_" Ii I ! \ / Ii i ' ii! I 111,,1 :1" I' .'u ~l I Ii . 'i w ~ 4 ~ 1 ..... I lIP I! IlHI ',I (f) "'U I f'-.) (j) ""0 I I\.) II t H ,... ,ll'.f"/Q ,I ," MATCH L1NE- SEE SHEET SPI ----- ,r-- , J I , -! I .ah _ !-~" ~ - -=, -aul--~_:C:C c' ~ - -=:-~ 'I J ,,_..,'" .... ....... I " ~ I ~ ~ " ~..'---- " - - J I I \. I' , Ii , I Ii , : :1 I I' W. !' Ii ! ,''''.L iliW ~ !!iWI~lmmllIUlill! ~ ii~~!iUllil;lu;u;~~hl!~!iHW = 11'1 11!\jll!!l!i!!IIIII!! !!llll!i!dllil!'llli Ill!!il!l- ~ ~ :~i I~~i~i!i~i ! ~I~~t !!llliili I~ii~ ~~ i Ii i~i I ~ In mU;j1h I '~~I~i ss &jf ~~ I ~ jj ~ ~ ~~, ~!n!sa~!;~ ~ ~~; ~ ~~ ! ~ ~ ~ . ih !~~~U~~5, ~ ~~~ : ;~ ! i ; mw l~~ i~lin;~~3 I ~~~5~ f ~ mui In U ~~~!xi~ i '~~'~li ~ _. ~l., " I. ~q!. " ~.;! : : . ~~ ." eo - ~ SQ. " ".::......_ -! 2q ~ ...,...::.:,. ~Ei.;;~uua"~..~, ~ '= ~~ ~'3 ~ !ll~~~!;;\'P~ l!l ~ ~~~ ~~ ~;:~~ ;<.::;:;;;~ ~ t~ l b 1~lqf.il~ ~ ~ . . ~ , I ~ i ,I ~ I~ I. ~ -. C 11 j 1'!!llle~ ~!1i !IU .h'I'~~ li~hhi !tI ~Ul . LAND. DESIGN SOUTH Planning I landscape Architecture Envronmentol Services I Transportation J: LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH, FLOR.IDA Vlm ".... , N", 210' c...,,-,< _.t Oriw. Sulr. 100. ......s! ,....1-'1...... 3J.<<lP ~'..I...41"50I.J.or;'S&1~a..so12 ! " .~ ,~ 8~ n ,~ ~ 1 1 ~ 1 .~. 1 ~ n~ 1 '~a 1 ' 1 1 1 "'I r "t 1 . I, ; "';''II ft n (, ._~~<~-,.~;.I~i~!~ ~).''':~!:' ',__' ~L ""'~'~',.'f""" ,~,,"."',. ::-',". -< 13 ~ ~~b~~~~ ~;;~m~~C::; ~ ~ ~5~%~~~ f5Qgg6c~ ~ moo; ...p....:::! ~I.rl ~ Gi <fT'. ~ O:z :I :!i mO ImOO -< Cl-< >O~~ "n ~ !!If;; <c ~ ~~ ~~ c: 5 -! "l::I ::i'ii~ ili ili ;~ ~goa -'0 ;Io~z iO iii:DC)oV ~S ~~~S z~ 5"';11;; ~~ z(')-~ q~ t:~~~ 5-l l:; ;:Ill 5 z~ ~;~g E ~ cJ~~~ 5 Z ;Ii ~~ ~ :r 0 00 'D ~ ~ ~~ m ~ ~: '" ~ 0;; ~ 0>< 0 Zn ;; ~o ~< ~ 0 !:! ~~ ~ ~ :r . I, I~ I~ I~[~,~ Ig ~ I r , i ~ ~ o I I' [1 . i i I! <; . ~ [I m . q I ~ . ~ " Z ~-~Iil"~ i Ii i LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH, FLORIOA C11!!UUU , &'jlh lUi,hi ~H m& . ,m ,,-< , """, EXHIBIT B ~:b ~~~~ ~ "tl,~tm ~ ~ 5 ~oz r; ~~o~ -< !:i~~ 8):E~ r; ~-l~m~ rn ~m~ ~~~~ Z 0 QQ~~rn o~~ ~~~i g a2:::tl-1R{ ~~~~ ~~?gffi; ~Fi~ :J: mZ;:E:ues oJ:~ ~>p:lZ ~ "n-o!!l~ ;Dn~ -l~tI:I-l ~~~!AJ ~>n J:m~J: ~ ;jZ;; me :: ~I::~ @~mCi ... ~~@~~ 0 ,.~6 ~;lll=:j m ~iE;t;e:; ~~~;l m ~z~ ~ iii' ~ ~ 5~ Ili:;;~~ Gi ~~ g~ S~~~ > ~Q S o Z ....Ii"- ~~~~ "n> "'en -<'D H m::l ~ J:" mo ~~~: =< m'" "'~ ~~ J: ~~ ~~ mll',.m > ~:; ~-< ~~;:i~ ;l! ::j' c:liii slj :!i::~~ ~ z~ "'> om m.. ~z -;~~ 5i~ 2!r; ~~ ~~ ~ ~ .en ~~ '" -<", 0-< 82 ~;ri 5 ~ ~q: Hjn j=)~ ,,'" n ;~ ~ ",0 0 J:~ 00 ;> fi Q > R~ 0'" c: !:i -<'" :!i ~ > 3 0 "m ::l J: ~ \" ~ "'en S enm m n Z '" Oi ": n LAND. DESIGN SOUTH Planning Ilandscooe Architecture Envronmentol ServIces I Tramporlction 7101C..."_.....,O"'.,SUj..IOO.w.'I>orn._h.'l33olO9 ~'~l-<4'8-B50I.fOk:UI..4]I.501' ~~u -- ------- --:-T~----~C11. ----- - -- VI' , (h' ~i: ~~.~ rllSf .~,i;i 'b.. ~ .; ~ ~ o E is z ~ .. :r 'W"ljii O'li!!llii iliU~I!1 II ~hl . LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH, FLORIDA LAND. DESIGN SOUTH Planning I landscape Architecture Envronmental Services I Transportation ,m .".... I 1-.)" EXHIBIT B ~ ~~~~~~~~~~~~R~~~;~~~~~~~ ~ ~~~~rn~~~S~n~O~~~~>m~~~~~ u, ~5~~~~~~F~~~b6~Q~6~oo~~~~ ~Q8go g:~~~~~~~$g~~QQo~~ m~~6=~~O. ~~;oQ~>~~~~~~~~~ ~o~x~oomxCC~~m~~~m..C~~ffi. ~~F>cQC rnn~;-~~~m~>~m~~~ ~e :~~6 ~z~m~~;~~~~~~~~~ g~ ;~_& ~~n~zm~~ ~~~~~zm z~ >o~; ~~~~mo~~ ~~~o~z~ >~ ~zgo 5m~~@~~~ omffi~D~~ ~o ~ozz c~=m6~Z~ ~~~~c~~ ~~ ~i~a ~o~~c~~~ ~~~~~~~ ~g ~~~s :~. ~~~~~ ~ ~m ~: 2i 5;~~ g~ z~o~~ ~ ~~ ~~ ~~ Z8>~ ~n ~~~~~ 5 ~> m~ 5~ ~~~~ ~~ ~~~o~ ~ ~I ~~ -.; ~m~~ mo ~~~~~ ~ 0 ~~ ~~~ ~~. ~O Q= b~~~~ ; ~~. ~~ ~~oi mO >~~<> zo ~< ~iS~~ ~~ Q~~~Z ~ ~.. Om OZb S~ -~~~2 ~ 5~ ~> ~ ~~ ~~ ~;~~O Z ~~ ~~ ~ 0 00 ~~ ~m~ ~ m OOm 00 ~ 6 ~~ z~ zi ~ ~ ;~ ~~ ~ ~ ~~ 8~ ~~m B ~ ~~ ~~ ~ > m- n rro m ~ I~ ~o ~ ; g~ ~ ~;~ ~ ~ Hb gS Q i ~8 j 6g a s g~ ~~ o 0 ~~ x ~~ ~ ~ ~~ ~ ~ ~ ~E ~ ~ ~ Z ~ ~ ~ ~ " .; ." ~ Ai ~ ~ ~ :; ." ~ C Ai 7101c...l_WetIClll..,SuII.I00.W..I'.....teoo:1\Fll)ol(lt 1_,S61"'B.a5(lloIucWI"'7a.50l. >>H {O ~1Il1lil<f, '''IS 1lOClII€HT IS M 1'lIIClPC....... or ICIICIDlL~ II. DD.J_UTAtlOJS ...... I I ~ I' . iIll,.L tl:lI>lo!ts IIEsc.VO *D AN' l'O$a::sSlOl<t. Il~UCfID\l OIl OTHtl< uu:n or THIS F'Illlouc:r ....lTtClUT IK \Ill.ITI[N I:DN$I;Ofl 0; ~ > ~ IlIi . ,,- I!IIL Y A.. LAICE lIIlCR'IH ~ lICHClCII.. ~~, . '",~m... 'A " .~""'" I;,. .L ~I !iV~~1 ~a;~~~!...~' P.A. ~~ =~. _.Ill .II! ~,i,! I III __ .._-=""== ___ . ~I&n ;i --- Iii ....... ;; ~ JID lie !ft C! ~' II! II; ~; 1[1----,.,' -'''---''---'.. "'1,'-,' ! lo ~;'~ lIII I'~ -rl III .ii . ' 1191 ::,1 I I~II' ,..i'llI , , !I !~ ~~ ~ !~ ~~ ~ BID ~(E3 ~ ll~ II II II ; i --' ',r .~-~-p , :;I!I ~ ~ I~I' * ~q;11 f' 1 f \ d EEl E.3 E.3 EXHIBIT B I I P. I, '. I ir:!l L___ i! II II "'----~'--'i-F 11@~ 0 ! ~ ~ =1ffiiI ""', ~ -- -'"-''-''?'I~~'~''' g,a '@i)iQ) il I f>> 2ij ~,~ I''''--------'~~' -- II ~'D ; i \ ilI~ ill' ~!U C! 111111 IIII1IUH'll C! II ;iIHllliH~ hJJJJJJ!!;~ a ~ = i I I I ~ , ! a a I i ~ i i = I i ~ ~ i i I I I I I : ~ I 9 ~ I ~ I ' I r I : ! . 11118~li I ; e i @ ~ · · · II Ii I I ! ~ I' m~1 '. p is ;m ~~ ~ ~ ~ '0 I ~ , , '~ ~I . 631 EI o t; I : i I I CJI ~ It .. I ~RLY A- I- :J;- li!l!I"II'~.~1 ... I UTATIOU8, P.A. CJI UI -Ii 0 I ....IClIUU....I...+~ z I'" ....._-..:......&...-~...-.>>rIlIO I ---- -~--- ..~-- EXHIBIT B lL_____ :1 o ~~l .'11 Iii EI-, ~ 11111 1 I' I I~! lEi o iili 1,1 II .~ It) COI'YIIIGH. THrs DOCl.M:I<IT IS THl: ""f)D(l;!n IT I<IMIElllY" Il[l.J,.ASU1lCLll,1"4 'ILL IUCoHrs RODfvttl ANti ""'''' POUCSS~> R~tlUCTltlN DR Dn~E:R UlCtI IT T"oIIS ~allJCT ....lTIQJT THE YRITTDi c:DNStNT or 1(1~1Ela.'I'.... lIE:U-/lSUTllJJS. P.A. IS I"IillHIllTEO LAICE warIH CHISIIAN acHOa... .. ~ARY 8CHOOL a EARLY CHLD DEY. CENTER --- --~ ~I 1- -. i~ .1 1.1'-11 . I ~ I : i LAND. DESIGN SOUTH Planning Landscape Architecture Environmental Services Transportation 561-478-8501. FAX 561-478-5012.2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409 '-----------~. . IW[JJN-~ ~_~~xHlliIT C PLP.NNINC, ZONiNG U-' Justification Statement Lake Worth Christian School Approval of a Major Site Plan Modification and Conditional Use Submitted April 25, 2007 Resubmitted June 5, 2007 On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following: · Approval of a Maior Site Plan Modification to add a 10.300 SQuare foot elementary school (150 Children). 15.000 sQuare foot aeneral use buildina. and a 6.000 SQuare foot athletic complex · Conditional Use approval of a 9.255 SQuare foot Earlv Childhood Development Center that will include 140 children Property History and Site Characteristics The subject site is located on the east side of High Ridge Road, approximately one-half mile east of Hypoluxo Road. The site is currently an existing private school that includes grades Pre-kindergarten through 12. The development has previously gone through several amendments and site plan modifications. The subject property is 16.23 acres (706,979 square feet) in size. Currently, the subject site contains a Zoning designation of R1-M Residential and a Future Land Use designation of Public and Private Governmental/Institution (PPGI). Interstate 95 bounds the site to the east, and High Ridge Road bounds the subject site to the west. To the north of the subject site is Unincorporated Palm Beach County with a Zoning Designation of Single Family Residential (RS Palm Beach County) and a Future Land Use designation of Low Residential 2 units per acre (LR2 Palm Beach County). To the south of the subject property is Cedar Ridge PUD, a multifamily and single-family residential development. Nature of Proposed Proiect Site Plan Modification As mentioned, there is an existing private school currently on the subject property. The applicant is proposing a site plan modification to expand the existing school campus to include a two-story, 19,555 square foot building providing for an Early Childhood Development Center (ECDC) on the first floor and elementary school on the second floor. In addition, the applicant is proposing the addition of a 15,000 square foot general use building, and a 6,000 square foot athletic complex. The general use building and athletic complex will be accessory uses to the school complex. At this time the applicant is requesting approval of the locations and square footages of the general use and athletic complex buildings. As these two uses are proposed to be constructed during a later phase of the project, the applicant will provide the architectural footprints and elevations for these two buildings with a separate application to receive approval prior to their construction. Boynton Beach Code of Ordinances. Chapter 4 - Site Plan Review The existing school complex is requesting expansion to help better serve the ever-growing population. Lake Worth Christian School Page 1 June 5, 2007 EXHIBIT C The proposed project features an abundance of landscape, which compliments the proposed building and provides open space for the school complex. Some of the key design elements of the attached site plan are as follows: · 29 additional parking spaces have been provided to meet parking requirements; · A total of 79 extra spaces provided on site; · All other areas that are not in the proposed site plan modification area will not be maintained; · Inclusion of playground areas for the Early Childhood Development and Elementary School; · A 158' building setback is proposed from the north property line, as well as a 74' building setback from the south property line; · Existing landscape buffers will be maintained on site; · A 5' wall is proposed on the east and north of the proposed Early Childhood Development Center playground area with a lush landscape located on the exterior of the wall; · 7 drop off spaces have been provided for the Early Childhood Development Center; · A covered patio is located adjacent to the proposed elementary school/ECDC building providing a shaded area adjacent to the proposed playground; · A large open space to the north of the softball field. · Handicap parking requirements are met for the entire site; · Architectural footprints and elevations are included for the proposed elementary school and ECDC building. Footprints and elevations for the athletic complex and general use building will be provided with a later application submittal. · The landscape around the building exceeds requirements to provide a lush landscape and compliment the building and architectural features. . Chapter 4 Section 7 of the Boynton Beach Ordinance contains submission requirements for site plan applications. The site plan for the proposed development has been prepared in accordance with these requirements and satisfies the Code. Chapter 4 Section 8 contains standards for review and evaluation of all required plans. These standards and an assessment of the proposal are as follows: A. Natural Environment - The subject site is sparsely vegetated other than what has been approved by recent modifications, having partly been cleared for the development in the past. As such the proposal will not result in the removal of any significant vegetation. The proposal will incorporate a detailed landscape design that will enhance the built form on the site, create an attractive outlook from existing and proposed buildings, and enhance functional recreation spaces. B. Open Space - The proposed development provided several areas of open space including two playground areas, athletic fields including soccer, baseball, and softball as well as a track. In addition, the area to the north of the softball field is designated as open space. C. Circulation and Parking - The proposed development has been designed to comply with the City's traffic circulation and vehicular parking requirements. D. Community Services - The proposed modification does not prevent the proposed development from being serviced by Boynton Beach police and fire department. E. Buildings and Other Structures - The proposed development has been designed to incorporate with the existing neighborhood while also providing a functional school campus and amenities to future students and users. Internally, this has been achieved by providing play areas and landscaping areas to buffer the surrounding developments, separating vehicular and pedestrian Lake Worth Christian School Page 2 June 5, 2007 EXHIBIT C movement systems, and providing adequate separation between buildings. Externally, appropriate privacy relationships with surrounding properties are maintained by limiting the height of the proposed buildings to two stories, as well as through the provision of increased building setbacks. The site consists of existing landscape buffers, which will adequately screen the proposed building. In addition, the proposed signage is considered to be consistent with the requirements of the Code. The signage located on the proposed building is accented by landscaping. F. Concurrency and Level of Service Standards - The proposal is complies with the level of service standards under the Boynton Beach Comprehensive Plan. Chapter 9 - Community Desian Plan This Chapter applies t6 new construction and as such applies to the current proposal. I n accordance with Section 5, elevation drawings of all buildings have been submitted. Section 10 contains design site criteria. The proposal's compliance with these criteria is summarized below: · Building Location - The proposal has been designed in an orderly manner to avoid unusable or inaccessible space on the site. In particular, the site layout separates vehicular and pedestrian movement systems on the site, thereby giving all spaces a distinctive function. · Vehicular and Pedestrian Circulation - As indicated the pedestrian and vehicular movement systems have been separated. Given the nature of existing development, cross-access to adjoining sites is not practicable. · Service Areas - Existing service areas will be utilized. All communal service facilities and utilities are appropriately screened. · Walls - All walls, fences and ancillary site elements will be designed in colors and materials to match the dominant building form within the development · Exterior Lighting - Exterior lighting will match existing lighting on site. A photometric plan has been submitted with this application. The lighting will not be of an intensity that produces any significant glare on surrounding properties. Existing lighting will be used with only a few lighting elements added for proper lighting of the site. · Landscape Features - The proposed landscape plan includes the required foundation planting per Landscape requirements and includes parking lot trees for the additional 29 parking spaces. The proposed landscape is compatible with existing and surrounding landscape on site. · Signs - Signage will be limited to a single entrance sign, as detailed on plans submitted with this application. The proposed sign has been designed to relate to the architectural character of the development and utilizes colors and materials that will complement the built form. · Exterior Building Design - The proposed development has been designed to integrate various buildings within an overall site plan that places emphasis on the communal areas of the site. The proposed buildings convey a human scale and are consistent with the traditional suburban characteristics of surrounding development. Lake Worth Christian School Page 3 June 5, 2007 Conditional Use Application EXHIBIT C As mentioned previously, the applicant is requesting approval for a 9,255 square foot Early Childhood Development, which is a conditional use under the R1-AA zoning designation. The Early Childhood Development Center will be located on the ground floor of the proposed two-story building. This would allow the site to include an additional service that would benefit and serve the surrounding communities. Boynton Beach Code of Ordinances Chapter 2 - Zoning Chapter 2.5.C of the Boynton Beach Code of Ordinances relates to the Single Family Residential District (R1-AA). This section discusses the property development regulations for projects within the R1-AA district. These requirements are consistent with the attached Major Site Plan Modification Application and states that an early childhood development center is a conditional use. Subsection 2.11.2.C of the Code outlines the materials that must be submitted with a conditional use application. These materials are included with the major site plan modification submittal and are to be reviewed concurrently. Chapter 2.11.2.0 of the Code outlines conditional use review standards. The proposed Early Childhood Development Center meets all the following standards for a conditional use: 1) Egress and Ingress The proposed project already has an existing entrance and existing parking areas, which create functional traffic circulation and access for fire trucks and delivery vehicles. 2) Off-street Parking All parking requirements are met on site and extra parking has been provided. Overall an additional 79 parking spaces in excess of code requirement are provided on site. Per the pre-application meeting with the City of Boynton Beach it was determined that 29 parking spaces are required for the proposed site plan amendment. Per the said meeting it was also determined that the general use and athletic complex buildings did not require separate parking requirements as they are accessory uses to the school. As such the proposed site plan exceeds all parking requirements. 3) Refuse and Service Areas The proposed site plan proposed project will utilize existing refuse containers and service areas. 4) Utilities The site has been previously designed to accommodate expansion such as the proposed application. Therefore existing utilities will be utilized and are sufficient for the proposed development. 5) Setbacks and Open Spaces The proposed site plan modification maintains the existing landscape buffers and creates a large open space north of the softball field. 6) Signage and lighting The proposed project will utilize existing lighting and signage. The only additional proposed sign will be located on the east fayade of the proposed elementary school/ECDC building as shown on the architectural elevations. The existing lighting will also be utilized with the exception of the addition of one new lighting fixture added to illuminate the proposed sidewalk that runs north and Lake Worth Christian School Page 4 June 5, 2007 south to connect the parking areas. EXHIBIT C 7) Height of Buildings The height of the proposed buildings are compatible with other buildings on site and are in harmony with the surrounding community and adjacent nearby properties. 8) Compliance, Compatible, and Conformance The proposed project complies with all Boynton Beach ordinances and Land Development Regulations. The proposed project does not create any nuisances and hazards as outlined in Section4.N of Chapter 2. The proposed development is compatible with surrounding communities and will benefit and serve the community A site plan has been prepared in accordance with these requirements. Section 11 - Preliminary and Final Development Plans The proposal's compliance with these regulations is included with this submittal. · Building locations and architectural elevations · Master landscape plan · Engineering Plans · Survey not more than 6 months old · Tabulations of development data · Site Development Plan The above information has been submitted with this application for review. Conclusion The proposed site plan modification is considered to be consistent with the nature of surrounding development and is suitable to the site context, being in close proximity to service infrastructure. The proposed conditional use will be consistent with the Boynton Beach Ordinances and is compatible with surrounding developments and will provide for and better the surrounding community. Accordingly, it is considered that the proposal is in the public interest and the Petitioner respectfully requests approval of the site plan modification and conditional use. Lake Worth Christian School Page 5 June 5, 2007