Minutes 11-18-08
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, NOVEMBER 18,2008
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Woodrow L. Hay, Commissioner
Marlene Ross, Commissioner
Lori LaVerriere, Assistant City Manager
James Cherof, City Attorney
Judith Pyle, Deputy City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Germain Kopaczynski, St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
Mayor Taylor called the meeting to order at 6:30 p.m. Father Germain Kopaczynski of St. Mark
Catholic Church offered the invocation. Commissioner Ross led the Pledge of Allegiance to the
Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner Weiland moved to approve the agenda as submitted. Commissioner Hay
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Hay reported that the St. John Missionary Baptist Church Men's Conference was
very successful. With the assistance of Commissioner Ross, Commissioner Hay presented Dr.
Tony Evans with a key to the City. Commissioner Ross added it was an excellent conference
and she thanked Commissioner Hay for taking the lead the event.
Commissioner Ross advised she had attended the annual conference of the National League of
Cities annual conference in Orlando. Chief Bingham was present on behalf of the Fire
Department and Stephanie Slater attended on behalf of the Police Department. Mayor Taylor
noted Boynton Beach received an award for its website that was presented to the City Manager.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Vice Mayor Rodriguez acknowledged he had also attended the conference and was particularly
interested in the programs on youth violence and lowering the high school drop out rate. He
would be sharing his knowledge with the Youth Violence Prevention Project.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. Holiday Boat Parade -- Friday, December 12, 2008 beginning at 6:30
p.m. at the Boynton Beach Inlet south to the C-15 canal south of Delray
Beach. Food and beverage vendors will be available. Attendees are
encouraged to bring a new unwrapped toy for Toys for Tots.
2. Holiday Extravaganza - Saturday, December 6, 2008 beginning at 5
p.m. with a parade on Federal Highway, 6:45 p.m. a tree lighting
ceremony at the Schoolhouse Children's Museum and then a FREE
concert featuring Jon Secada, at 7 p.m. on Ocean Avenue. Parking
available at the Bank of America with free trolley service to the concert
site from 6:30 p.m. to 10:30 p.m.
Kathy Biscuiti, Special Events Director for the Community Redevelopment Agency, announced
the Holiday Extravaganza on Saturday December 6th, commencing with a parade, followed by a
tree lighting ceremony and then a concert featuring Jon Secada at 7 p.m. The activities were
all free to the public. The parade had 38 entries and they anticipated 20 more. The Mayor and
Commissioners would assist with the ceremony in front of the Schoolhouse Children's Museum.
The concert would begin at 7 p.m. on Ocean Avenue.
On Friday, December 12th, the Holiday Boat Parade would be held in conjunction with the City
of Delray Beach. Last year had over 58 entries. A viewing area would be constructed at the
Boynton Harbor Marina. The parade would start at 6:30 p.m. at the Boynton Beach Inlet to
south of Delray Beach. There would also be a Toys for Tot drive in conjunction with the
parade. Stops would be made along the parade route for anyone wishing to donate new
unwrapped toys.
Vice Mayor Rodriguez questioned how much had been spent on the Boat Parade. Ms. Biscuiti
replied $5,000 had been contributed by the Community Redevelopment Agency and primarily
used for marketing with flyers, radio and television ads. Also, fire and police units would be
provided along with Recreation and Parks workers.
Mayor Taylor recognized the efforts of the various staff members that worked together to make
the event successful.
B. Community and Special Events:
None
C. Presentations:
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Regular City Commission
Boynton Beach, FL
November 18, 2008
1. Proclamations
a. National Geographical Systems (GIS) Day - November 19, 2008
Mayor Taylor proclaimed November 19th, 2008 as National Geographical Systems Day and urged
everyone to discover the world through GIS. Phyllis Koch, Director of ITS, accepted the
proclamation and invited everyone to view the brochure and information that had been made
available. There would be a demonstration and refreshments available on November 19, 2008
in Chambers to celebrate the event. Ms. Koch thanked the City Manager and Mayor for picking
up their award at th~ National League of Cities conference.
IV. PUBLIC AUPIENCE:
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>
Lawrence Gottfried, 1102 Renaissance Way, requested the assistance of the Commission to
address a problem with landscape issues at his development. The homeowners' board had not
provided notice to the homeowners or taken action to adopt the permitted plans of the developer.
He was also concerned the paver walkways to the first floor units were put in and took public
property for private use which he alleged constituted theft through eminent domain. Mr. Gottfried
expressed concern that he was not allowed to address any issues before the Code Compliance
Board. He suggested the Commission should mandate the advisory boards to allow complainants
or interested parties to speak before the boards for the sake of allowing due process. If he was
not allowed to speak before the Code Compliance Board he would be filing a complaint with the
Department of Justice.
Mayor Taylor explained it was at the discretion of the various board chairs whether or not to allow
public comments.
Herb Suss, 1711 Woodfern Drive, reported he had visited Galaxy Elementary School on Veterans
Day and was impressed with the patriotic display and enthusiasm of the children. A soldier made
a presentation as well as Mr. Suss stressing the importance of their freedoms that had been
defended by many over the years. Mr. Suss also pointed out there had not been mention of other
upcoming holidays such as Kwanzaa and Hanukkah. He requested more sensitivity should be
shown in the future.
John McGovern, 2620 Spiceberry Lane, thanked the Commission for their vote to save the Old
High School. He hoped the facility would become a place for small arts performances. He also
stressed that the high school drop out issue was extremely serious in the State of Florida because
the attendance records are inflated in many instances. He noted there was a national agenda to
improve education through the Bill and Melina Gates Education Foundation. It is a serious public
policy issue and the statistics need to more accurately reflect the drop out rates.
No one else coming forward, Mayor Taylor closed the public audience.
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Regular City Commission
Boynton Beach, FL
November 18, 2008
V. ADMINISTRATIVE:
A. Appointments
Appointment . Length of Term
To Be Made Board Expiration Date
III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2)
Mayor Taylor Cemetery Board Alt 1 yr term to 12/08
I Weiland Code Compliance Board Alt 1 yr term to 12/08
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (2)
II Hay Community Relations Board Alt 1 yr term to 12/08 Tabled (2)
Weiland Education & Youth Advisory Board Alt 1 yr term to 12/08
III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (3)
II Hay Library Board Reg 3 yr term to 12/09 Tabled (3)
II Hay Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3)
IV Ross Recreation & Parks Advisory Board Reg 3 yr term to 12/09
II! Rodriguez Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3)
III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3)
IV Ross Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (3)
Motion
Vice Mayor Rodriguez moved to table all appointments. Commissioner Weiland seconded the
motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - November 5, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve a five (5) year lease of a BizHub PROC 6500 ENTRY COLOR AND
B/W Digital high production Printer/Copier/Scanner for the Utility
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Boynton Beach, FL
November 18, 2008
Customer Relations Division to print the water bills utilizing the existing
Master Agreement with Konica Minolta Business Systems for a total
expenditure over (5) years of $211,036.80. (Proposed Resolution
No. R08-129)
2. Approve RESPECT of Florida for janitorial services at the Utility
Department's Administration Building, East Water Treatment Plant and
West Water Treatment Plant for a one year period. The total cost is
$49,960.84. (Proposed Resolution No. R08-130)
3. Approve the sole source purchase of six (battery-powered) stretchers as
per Fire Rescue's budgeted capital equipment line item 64-23, from
Stryker-EMS Equipment, of Portage, MI, for a total expenditure of
$59,957.34, including the trade-ins of $1,200.
C. Resolutions
1. Proposed Resolution No. ROS-131 RE: Approving and
authorizing execution of an Interlocal Agreement, Utility Easement and
Temporary Construction Easement between Palm Beach County and the
City of Boynton Beach in support of the City's construction of the new
regional force main.
2. Proposed Resolution No. ROS-132 RE: Approving and
authorizing execution of a Temporary Construction Easement and a
Utility Easement between Santa Lucia Holdings, LLC and the City of
Boynton Beach in support of the City's construction of the new regional
force main.
3. Proposed Resolution No. ROS-133 RE: Approving and
authorizing execution of a Temporary Construction Easement and a
Utility Easement between Bethesda Healthcare System, Inc., and the City
of Boynton Beach in support of the City's construction of the new
regional force main.
4. Proposed Resolution No. R08-134 RE: Approving and
authorizing execution of a Temporary Construction Easement and a
Utility Easement between Standard Pacific of South Florida and the City
of Boynton Beach in support of the City's construction of the new
regional force main.
5. Proposed Resolution No. ROS-135 RE: Approving and
authorizing execution of a Right-of-Way Consent Agreement between
Florida Power & Light (FP&L) and the City of Boynton Beach in support of
the City's construction of the new regional force main.
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Boynton Beach, FL
November 18, 2008
6. Proposed Resolution No. ROS-136 RE: Approving and
authorizing termination by the Birdie Golf Ball Company of the existing
contract to dive the lakes at The Links at Boynton Beach Golf Course.
7. Proposed Resolution No. ROS-137 RE: Approving and
authorizing execution of a contract with MALLARD GOLF INC. to retrieve
golf balls from the nine (9) lakes at The Links at Boynton Beach Golf
Course in consideration of $4,400 annually paid to the Golf Course.
8. Proposed Resolution No. ROS-139 RE: Approving the
adoption of the City of Boynton Beach's Community Development Block
Grant (CDBG) Substantial Plan Amendment.
D. Approve the reduction of a performance bond by 80% from $1,760,000 to
$352,000 for the Gateway Boulevard widening to six lanes divided, from
Renaissance Boulevard eastward to High Ridge Road.
E. Approve the release of the 10% balance of the original Letter of Credit
#136192060677 issued by Commerce Bank for the Winchester Shops.
F. Accept the written report to Commission of purchases over $10,000 for the
month of October 2008.
Commissioner Hay pulled Item VLF for discussion.
G. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public
Works/Fleet Maintenance and allow for the auction of the same.
Motion
Commissioner Ross moved to approve the Consent Agenda with the exception of Item VLF.
Vice Mayor Rodriguez seconded the motion. The motion passed unanimously.
VLF. Accept the written report to Commission of purchases over $10,000 for the month of
October 2008.
Commissioner Hay inquired about the disposition of old computers. Ms. LaVerriere, Assistant
City Manager, surmised they were kept in the warehouse and then surplused. Ms. Koch,
Director of ITS, explained the computer equipment was recycled through users based on need
and skill levels before they are sent to the warehouse. Commissioner Hay suggested the old
computers be donated to older residents who are unable to afford the technology. Ms. Koch
agreed to review the possibility.
Motion
Commissioner Hay moved to approve Item VLF. Commissioner Ross seconded the motion.
The motion passed unanimously.
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Regular City Commission
Boynton Beach, FL
November 18, 2008
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A. Affirm or modify the decision of the Code Compliance Board with respect to their
ruling on Lien Reduction Case File 07-2415 as provided for in Part II, Chapter 2,
Article V, Section 2-90 (4) in our Code of Ordinances.
Commissioner Weiland noted generally administrative costs were recovered; however, this
amount was more than costs.
Motion
Commissioner Weiland moved to approve Item VILA. Commissioner Hay seconded the motion.
Scott Blaise, Code Compliance Administrator, had no additional comments. He did note the
respondent, Mr. Hauck was present.
Doug Hauck, owner of the property, requested the fine be reduced to the administrative costs.
He explained he purchased the property in January, 2008. It had a $100 a day fine accruing
since December, 2007. As a realtor and investor he had contacted Mr. Blaise before purchasing
the property and was advised the fines are usually reduced to the administrative costs. Mr.
Hauck spent approximately $20,000 on the property and brought it into compliance within two
days, including a new roof. Permits were obtained to replace the water heater, sprinkler
system and interior work as well as landscaping the yard. He noted the Code Compliance Board
had thanked him for improving the property.
Commissioner Weiland noted total compliance was done within six weeks. Mr. Hauck indicated
the key issue was the roof and the property had to be inspected before interior work could
commence and then landscaping had to be addressed. He advised the bank had owned the
property for over a year and had not responded to any complaints or acknowledge violations.
Vice Mayor Rodriguez confirmed the respondent was aware of the liens before purchase. Mr.
Blaise advised there was no agreement, but he had indicated that in instances where the
person that fixes the violations was not the person that created the violations, many times it
was reduced to administrative costs. Vice Mayor Rodriguez inquired if there was a grace period
for new owners to come into compliance. Mr. Blaise replied the fine continues to accrue until
the violations are corrected.
Commissioner Weiland added the purchaser would assume the ongoing fine as well as any
future days in non-compliance. Mr. Blaise commented, upon inspection of the original violation
frequently, more violations become apparent.
Mr. Hauck stressed there has been a precedence set that under the Sqme circumstances only
administrative costs were assessed, recognizing the purchaser's efforts to improve the property.
Mr. Blaise could not concur with Mr. Hauck, but agreed Code Compliance was amenable to
working with new purchasers to remedy the violations as easily and quickly as possible,
regardless of any profits for the purchaser.
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Regular City Commission
Boynton Beach, FL
November 18, 2008
Mayor Taylor advised in his experience each case is assessed individually. The concept of the
program is to ensure compliance and not punish homeowners. He commended the purchaser
for his work to bring the property to Code. There would be no guarantee the same standards
would apply to other properties.
Motion
Commissioner Weiland rescinded his motion to reduce the fine to $3,826 and made a motion to
collect $826.18 in administrative costs. He agreed with Mayor Taylor that objective was
compliance, rather than enforcement.
Michele Costantino, Chair of the Code Compliance Board, pointed out the Board usually
reduced the fines to only administrative costs, if the owner resided in the home and had a stake
in the community. Mr. Houck was an investor that had knowledge of the lien prior to the
purchase. She indicated some contribution to the community should be made by investors or
develoipers. With the growing number of foreclosures, Ms. Costantino requested direction from
the Commission on how to handle the cases.
Vice Mayor Rodriguez confirmed that the cost to the City for the entire period was the $826.18
administrative costs. Mr. Blaise agreed and explained it was based on a user study previously
done.
Mr. Hauck announced he was a realtor and investor and lived in the community for several
years. He was a part of the community. Commissioner Ross pointed out his business was
Highlight Realty. Mr. Hauck indicated he now resides in Ocean Ridge, but he previously lived in
Boynton Beach. His community was the City of Boynton Beach.
Commissioner Hay commented the property was located at 131 NE 5th Avenue and he
commended Mr. Hauck on the improvements. He was in favor of reducing the fine to
administrative costs with no future expectations on other properties.
Commissioner Ross seconded the motion. The motion passed unanimously.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any of the Public
Hearing cases. He also gave a brief overview of the procedure to be followed.
Owner:
Casa del Mar (SPTE OS-009)
Lauren Lending of Siegel, Lipman, Dunay, Shepard and Miskel,
LLP
Ocean Boulevard Properties, LLC
A.
Project:
Agent:
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Location:
Description:
2632 North Federal Highway
Request for a second one (1) year time extension of the site plan
(NWSP 06-015) and Height Exception (HTEX 06-007) approved on
July 18, 2006, thereby extending site plan and height exception
approval from July 18, 2008 to July 18, 2009.
Ed Breese, Principal Planner, reviewed the request for a second time extension. He located the
property and noted it had been previously approved for 42 townhomes and 40 condominium
units. The height exception had been granted to accommodate the stairwell and elevator shaft.
The applicant had advised, once all outside authority permits were obtained, they would apply
to the City of Boynton Beach for their building permits. Market conditions were the primary
concern of the applicant. Concurrency requirements were a concern and an updated approval
letter from Palm Beach County Traffic Engineering would be required. The utility reservation
fee would also need to be paid. Staff recommended approval subject to the original conditions
of approval.
It was determined the applicant was not present.
Motion
Commissioner Hay moved to approv~ Item VIlLA.
Mayor Taylor opened the issue for publiC hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Commissioner Weiland seconded the motion. The motion passed unanimously.
B.
Project:
Agent:
Owner:
Location:
Description:
Sparkle Clean Car Wash (COUS OS-006)
Jason S. Mankoff of Weiner, Aronson & Mankoff, P.A.
Boynton Beach Car Wash, LLC
3008 South Congress Avenue
East side of Congress Avenue, approximately 275 feet north of SW
30th Avenue.
Request to add automobile detailing service to a previously
approved 4,880 square foot fully automated carwash facility
(COUS 05-004), located on a 0.88 acre parcel zoned M-1 Light
Industrial.
Mr. Breese reviewed the request for the addition of two automobile detailing services to the
current location. The original approval included a condition that any additions would require a
conditional use approval. Staff did recommend that any parking associated with the services be
within designated parking spaces including employee parking with no parking on circulation
area or landscaped areas. The service area would not be visible from Congress Avenue and
landscaping would be in place between other adjacent properties across the canal. The hours
would be the same as the car wash. Staff recommended approval of the conditional use with
the parking conditions and stipulation that the hours be the same as previously approved.
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Boynton Beach, FL
November 18, 2008
Michael Weiner, agent for the applicant, distributed a letter from Ed Udine, President of
Hunter's Run Homeowners' Association. He had no objection or comments to staff's report and
recommendation.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Commissioner Weiland commented when the car wash was originally built there was a great
deal of public objection and intervention. The Hunter's Run residents are now happy with the
car wash and think they are a good neighbor. Golfview Harbour residents who previously
objected to the car wash have no complaints now. The fact the additional services will be on
the southeast corner of the lot, farther away from any residences, was not problematic.
Mayor Taylor noted the Planning and Development Board had approved the request and two of
the members on the Board live in the area. Mayor Taylor commented he had visited the
operation.
Motion
Commissioner Weiland moved to approve VIII.B. Commissioner Hay seconded the motion. The
motion passed unanimously.
c.
Project:
Agent:
Owner:
Location:
Descri ption:
National City Bank (NWSP OS-004)
Duncan Jappy, Interplan, LLC
1950 Congress Avenue, LLC
500 North Congress Avenue
Request for new site plan approval for a 5,087 square foot
financial institution and related site improvements on a 1.66 acre
parcel zoned C-3 (Community Commercial).
Mr. Breese reviewed the request and located the property. The available parking spaces
exceed the requirements and the master developer had created cross parking and access across
the entire development. There was a request to limit the amount of sod needed to reduce the
irrigation demands. There would be a tower feature included in the design that is similar to
other towers throughout the entire project. Additional landscaping and a gazebo would be
used to anchor the site on the corner. Staff recommended approval with all the conditions of
approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Duncan Jappy, agent for National City Bank, accepted the conditions of approval.
Motion
Commissioner Hay moved to approve Item VIII.C. Commissioner Ross seconded the motion.
The motion passed unanimously.
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Regular City Commission
Boynton Beach, FL
November 18, 2008
Descri ption:
Palm Cove PUD (fka Miller Road Project) (SPTE OS-OOS)
Bonnie Miskel, Esq., of Siegel, Lipman, Dunay, Shepard and
Miskel, LLP
Boynton Townhomes, LLC
Old Dixie Highway and South Federal Highway approximately one-
quarter (1/4) mile north of Gulfstream Boulevard
Request for a second one (1) year time extension of the site plan
(NWSP 05-031) approved on January 3, 2006, thereby further
extending site plan approval from July 3, 2008 to July 3, 2009.
D.
Project:
Agent:
Owner:
Location:
Mike Rumpf, Planning and Zoning Director, reviewed the request for a second site plan time
extension. He located the property and indicated it had Special High Density land use and
zoned Planned Unit Development .(PUD). It had originally been approved for 120 town home
units. The justification was the down turn in the residential market, the applicant's failure to
obtain new construction financing and the necessary pre-sale of units. Staff and the Planning
and Development Board recommended approval with the payment of the annual utility
reservation fee, updated traffic concurrency approval and within 90 days install coconut or
Royal Palms spaced every 20 feet, for screening along Federal Highway frontage and all the
original conditions of approval.
It was determined the applicant was not present. Attorney Cherof recommended that either
the matter be tabled or the condition added that the applicant submit a written acceptance of
all the conditions for approval.
Mayor Taylor opened the issue for public hearing.
Mark Karageorge, 240A Main Boulevard, assumed there were financial issues because there
was no data relating to pre-sales and this was the second request and neither the parties nor
their agent had appeared.
Vice Mayor Rodriguez disagreed with the speculation and suggested the matter be tabled to
make sure the applicant is present to answer questions. Commissioner Ross agreed it was
unusual for the agent not to be present. Vice Mayor Rodriguez noted every applicant on the list
probably had financial issues with the market, so it would not be a reason to not grant the
request.
Attorney Cherof advised it was the conditions of approval that need some type of acceptance,
either verbally or written confirmation. Mr. Rumpf advised the applicants had indicated verbal
acceptance of the conditions of approval at the Planning and Development Board hearing.
Motion
Vice Mayor Rodriguez moved to approve Item VIII.D, contingent on confirmation of acceptance
of the conditions. Commissioner Weiland seconded the motion. The motion passed
unanimously.
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Boynton Beach, FL
November 18, 2008
E.
Project:
Agent:
Owner:
Location:
Description:
Bru's Room Sports Grill (COUS OS-005)
Bob Brudzinski
Bob Brudzinski
1333 North Congress Avenue
Request to rescind the recent conditional use approval for a night
club (live entertainment), at Bru's Room Sports Grill, located on a
1.08 acre parcel zoned C-3 Community Commercial.
Mr. Breese reviewed the request to rescind the conditional use approval for a night club. The
applicant has decided he would prefer sit-down dining for his patrons rather than a
performance area. He also requested major site plan modification for a sit-down dining area
and a minor site plan modification for covering a waiting area on the west end of the building.
Staff supported the requests and noted the removal of live entertainment would be beneficial to
the surrounding properties.
Bob Brudzinski, owner, accepted all the conditions of approval.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Vice Mayor Rodriguez moved to approve. Commissioner Hay seconded the motion. The motion
passed unanimously.
F.
Project:
Agent:
Owner:
Location:
Descri ption:
3416 South Lake Drive (Jaffe) (ZNCV OS-005)
Steven Jaffe
Maxine Jaffe
3416 South Lake Drive
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2 Zoning, Section 5.B.2.a,
requiring a minimum front yard setback of 25 feet to allow a
variance of 11 feet and a front yard setback of 14 feet, for a
proposed garage accessory to a single-family residence within the
R-1-AAB Single-family Residential zoning district.
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2 Zoning, Section 5.B.2.a.,
requiring a minimum rear yard setback of 20 feet, to allow a
variance of 18 feet and a rear yard setback of 2 feet, for a
proposed garage accessory to a single-family residence within the
R-1-AAB Single-family Residential zoning district.
Mr. Rumpf reviewed the request for variances to increase both the front and rear yard setbacks
to accommodate a garage accessory to a residence. The request would also include changing
the current one car garage into living area. Staff determined there was a hardship for the
variances based on the irregular shape of the property with limited available space and it is not
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Boynton Beach, FL
November 18, 2008
the result of the applicant's actions. Other homes in the area are larger and have bigger
garages. The proposed changes would have little or no impact on adjacent property owners.
Staff and the Planning and Development Board recommended approval of the project. There
were no conditions of approval.
Commissioner Weiland indicated he had spoken with the applicant, a medical doctor, who was
unable to attend. He could be present after 8 p.m., if necessary.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Commissioner Hay commented it was a very unusually shaped lot. He also noted twelve
neighbors had signed a petition agreeing to the proposed changes.
Motion
Commissioner Weiland moved to approve Item VIII.F. Commissioner Hay seconded the motion.
The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Recommend approval of Amendment No. 1 to the Interlocal Agreement with the
Community Redevelopment Agency for sharing the cost of improvements along
SE 4th Street from Ocean Avenue to SE 1ih Avenue. (Proposed Resolution
No. R08-138)
Pete Mazzella, Deputy Director of Utilities, and Chris Roschek, were present to answer any
additional questions from the Commission. Mr. Mazzella pointed out his presentation was the
same as was presented to the Community Redevelopment Agency Board. Commissioner Ross
clarified it was actually a cost sharing between the City and the Community Redevelopment
Agency. Mr. Mazzela advised the amendment sets the figures based on the actual design of the
project. The amounts were the same that were approved by the Community Redevelopment
Agency.
Motion
Vice Mayor Rodriguez moved to approve Proposed Resolution No. R08-138. Commissioner Hay
seconded the motion. The motion passed unanimously.
B. Recommendation of. the Recreation and Parks Board to reconsider the
development of Meadows 1jNautica Park site as a neighborhood park and
consider the development of Quantum Park site as an "eco" nature community
park.
Ms. LaVerriere explained the recommendation was brought before the Commission by the
Recreation and Parks Advisory Board as a request to reconsider the development of the
Meadows l/Nautica Park and possibly consider the alternative of developing Quantum Park.
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Boynton Beach, FL
November 18, 2008
William Orlove, 2459 SW Cranbrook Drive, and Vice Chair of the Recreation and Parks
Advisory Board spoke on behalf of the Board in support of developing the Quantum Park
project. The parks were first discussed by the Board in September 2005 and tours were taken
of both sites. The Board continues to support moving forward with the Quantum Park project
with the idea of an ecological park and nature center. It feels the Park would serve multiple
purposes to benefit the City and its residents. There would be educational aspects for students
and adults and future plans for a nature center and gardens. Recreational activities will be the
northern hub of the City's ongoing greenway and bikeway plans. Hiking and biking trails would
be included and possibly a boat launch for canoes and kayaks. Quantum Park would be a
community asset and could be a special destination for residents and visitors that would benefit
local businesses. Funding entities could be sought from local, state and private sources. A
potential match from the City could lead to another $480,000 and park impact fees would be
enough to complete the first phase without seeking grant funding. It would also be a good
location for public art, creating another dimension to the Park.
Wally Majors, Recreation and Parks Director, indicated he had informed representatives of each
of the various Homeowner Associations within a two to three mile radius of both parks to advise
the Commission would be discussing the topic at this meeting. He had given each a brief
explanation of what would be proposed. Boynton Lakes was not contacted.
Commissioner Ross indicated she had spoken with a representative from Parkside who could
not attend the meeting.
Terri Lonergan, 45 Rutland Lane, President of the 300 HOA Meadows, contended the park the
community had been promised for over 20 years had now been taken away. The residents did
not want lighting, bathrooms or parking for the Meadows l/Nautica site. They only wanted a
better looking green area. The City does mow the area twice a month. A pathway, a few trees
and a couple of benches would be sufficient. Ms. Lonergan could not understand why over
$500,000 had been appropriated for a passive park with only a couple paved pathways. She
contended the resid~nts only wanted what had been promised to them for over 20 years.
Don Scantlan, 13 Cedar Circle, supported Ms. Lonergan's remarks and added the residents did
not want an abandoned piece of property in the neighborhood. It currently looks like a blighted
area.
David Katz, 67 Midwood Lane, pointed out the Quantum location would only be a small phase
while the Meadows l/Nautica site would be a completion of a 20 year plan. The improvement
could increase the values of the homes. Mr. Katz questioned if the Quantum site would become
a white elephant that the City would have to maintain. He contended the 1,359 homes in the
Meadows deserved to have the passive park they had been promised for the past 20 years.
David Villanucci, S8 Midwood Lane, was present in support of the other residents of the
Meadows. He lived very close to the site and would like a nice area for walking, rather than
along Congress Avenue. Many communities on other side of the site could also enjoy the park.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Cathy Scantlan, 13 Peters Circle, agreed with previous comments and advocated the park had
been promised and could be done for less money and would encourage family type interaction.
Mark Karageorge, 240A Main Boulevard, noted Meadows Park has passive and active areas
and was used by many residents of the City. There would be greater opportunities for
additional funding with the Quantum site and a greater potential to serve more residents of the
City.
Mayor Taylor pointed out that bathrooms would be required for the Meadows l/Nauatica Park
and Mr. Majors agreed. Lighting and parking would also have to be included. Mr. Majors
advised the cost to develop the park would have to include irrigation and trees. The cost of
$660,000 included $60,000 for design and $600,000 would be the actual cost. Although the
money was available to develop both parks, Mr. Majors stressed the resources to maintain both
parks would be a challenge. Mayor Taylor was concerned that promises made should be
promises kept and supported completing the Meadows l/Nautica site.
Commissioner Ross emphasized the Meadows area currently has two public parks and two
private parks. She felt it would be irresponsible of the Commission to not make the eco park a
priority. Completion of both parks would be ideal. She contended the d~cision previously made
was premature given the budget constraints. She did not see an issue with completion of the
Quantum Park in phases and she was not convinced the Commission was bound to develop the
Meadows site. Commissioner Ross felt other choices should at least be considered.
Mr. Majors assumed the promise made was based on the imposition of the impact fee. The
ordinance does indicate the fee is to offset the impact of the development by either developing
or improving existing park space, first, within the subdivision from which it is collected. The
ordinance indicates if there is no need, it can be spent elsewhere in the City. Mr. Majors noted
the Meadows Park was a very active and popular park. The developer had received a 50%
discount on the fee for recreation elements that were included. The need is assessed based on
both private and public amenities. There is a greater need for a park around the Quantum Park
site as opposed to the Meadows l/Nautica site.
Commissioner Ross emphasized thE;! eco Quantum Park would be an environmental, regional
project. Mr. Majors agreed it would be unique for the City and would allow for showcasing the
natural elements that exist within the site. It would be a significant landmark within the
greenway and bikeway plan as an alternative to traffic congestion along the corridors. The
Quantum Park would be eligible for a significant amount of alternative funding sources that
support maintaining the natural elements of South Florida.
Mr. Majors also stressed that once a park is developed, the maintenance costs change
dramatically and the allocation of resources increases. The Meadows 1jNautica site would have
a greater amount of maintenance.
Vice Mayor Rodriguez developed the fact that a passive park could contain bathrooms and
lighting and benches or a small playground. The residents perhaps misunderstood the
parameters of a passive park.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Mayor Taylor advised if the Meadows l/Nautica Park were developed, it would be required to
have bathrooms and lighting. Mr. Katz suggested a variance could be requested; however, Mr.
Majors alleged the size of the park being 10 acres would be a significant factor. The design
must include all the elements of the Land Development Regulations. If a variance would not be
granted the designs would have to be redrawn at additional cost.
Commissioner Weiland suggested 90% of the residents using the park would be within walking
distance. He agreed with the need for bathroom facilities and for security reasons some
lighting should be installed. He did not see the need for parking. Commissioner Weiland
questioned why the matter was being revisited when the Commission had decided several
months ago to fund the Meadows l/Nautica Park and move the project forward. It was
promised 20 years ago and a couple months ago the residents were reassured the project
would move forward.
Commissioner Ross reported the residents of the Parkside development and others in the area
had questioned why the Meadows would need another park with four already established. They
did not understand why the eco Quantum Park would not be a priority. Commissioner Ross felt
it was the responsibility of the Commission to take a long hard look at the proposal and the
Commission would look foolish to not support the eco park.
Commissioner Weiland questioned why the boundless playground has not been a priority since
District one has no parks whatsoever. Thankfully there was a county park in the vicinity for the
residents.
Commissioner Ross pointed out the residents of the Meadows were requesting a park for their
very limited use and not for other residents of the City. She urged the Commission to review
the situation and not disregard the recommendation of the Recreation and Parks Board to
reconsider.
Mayor Taylor indicated the Commission was reconsidering with their discussion. He did not feel
irresponsible or negligent supporting the Meadows l/Nautica Park based on the promise
previously given. Mayor Taylor did support the eco Quantum Park also, as soon as it was
feasible; however, it should not be given preference over the park that had been promised for
some years. Commissioner Ross continued to maintain another park was not needed in the
Meadows l/Nautica area.
Ms. Lonergan interjected the current parks are playgrounds and facilities for younger children.
The request was fqr only green pathways and not lighting that may attract teenagers or
problems. It would not involve a huge amount of funding. The intent was to have the park
look better than it currently does.
Mayor Taylor clarified if the Park would be completed, it would conform to the Land
Development Regulations complete with lighting and bathrooms. Ms. Lonergan countered that
the park in Boynton Lakes did not have restrooms. Mr. Majors explained the park was
developed in the 1990s and there was a commitment for the public to use the restrooms in the
community room area.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Mr. Orlove responded to Commissioner Weiland's remarks and reiterated the Advisory Board
had addressed the issue originally in 2005. Two individuals had addressed the Board, each
representing one of the parks. Two tours of both sites had been done by the Board and in
August of 2008 the Board questioned why the Meadows l/Nautica site was being considered for
a passive park with the other parks in the area.
Ms. Lonergan agreed to the lighting and bathrooms in the Meadows l/Nautica site, if it was the
only way the park would be developed. Mayor Taylor advised it was required for a 10 acre
park. Commissioner Weiland added the lighting would be needed for security.
Commissioner Hay inquired on the progress for alternative sources to fund the Quantum site.
Mr. Majors replied the Grants Coordinator had been researching the issue and submitted some
preliminary information from six or seven sources. The requests could be sent immediately.
Ms. LaVerriere added there would need to be some type of commitment from the Commission
to be included with any grant applications. Vice Mayor Rodriguez questioned if the grant
applications for Quantum Park would compete with grant applications for the Boundless Park.
Ms. LaVerriere advised there would not be a conflict. Debbie Majors, Grant Coordinator,
confirmed there would not be any competition with the Congress Avenue project. The
appropriate application periods would need to be addressed and usually cycle yearly. Any
matching funding requirements would also need to be approved whether it is cash or land
value.
Mr. Majors stressed his concern that the Meadows 1jNautica Park would require more
maintenance. The other site would require less maintenance due to natural elements that
presently exists. Commissioner Weiland pointed out 90% of the maintenance was
subcontracted to other contractors. Jody Rivers, Parks Superintendent, explained the estimates
were based on recent bids and quotes.
Mayor Taylor noted the initial cost of the Quantum Park was $726,000 for an additional cost
over the Meadows l/Nautica Park of $66,000.
Mrs. Scanlon alleged that not all park areas were created equal. She didn't play basketball or
tennis and did not have children, so a quiet, passive park, but would meet her needs.
Motion
Commissioner Ross moved to approve Alternative 2, development of Phase 1 of the Quantum
Park site using $726,500 to be allocated to the fiscal year 2008/2009 CIP using park impact fee
funds. It was the recommendation of the Recreation and Parks Advisory Board and staff.
Commissioner Hay seconded the motion.
Vice Mayor Rodriguez noticed there were no residents present supporting the Quantum Park to
advocate for or against the Park. Several citizens were present in support of the park they had
been promised. Mayor Taylor commented he would not support the motion for the reasons
previously stated. Commissioner Ross indicated the President of the Parkside Homeowner's
Association supported the eco park had major surgery and could not attend.
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL November 18, 2008
The motion failed 2-3. (Mayor Tay/or, Vice Mayor Rodriguez and Commissioner Weiland
dissenting)
Motion
Commissioner Weiland moved to approve Alternative 1, to develop Meadows l/Nautica Park
and include lighting as well as restrooms. He did not feel parking was necessary and asked that
staff fast track and move forward with the design and construction. Vice Mayor Rodriguez
seconded the motion. The motion passed 3-2. (Commissioners Hay and Ross dissenting)
C. Accept staff report on meeting with local tow vendors and provide policy
direction to staff for future tow contract model.
Ms. LaVerriere remarked the tow contracts had expired and there is currently an extension to
those contracts. Discussions with the tow companies related to mainly two issues; towing of
the City fleet vehicles for free and storage costs. All tow companies within the City were invited
and approximately ten vendors attended the meeting. There was total consensus for a rotation
type model contract and all City fleet vehicles less than one ton would be provided free tows on
a 24/7 basis. Ideas were gained from some vendors on the issue of storage, but it was
determined other alternatives would be investigated. Several of the vendors indicated if there
were fewer vendors on the rotation list, they would be more willing to absorb the expenses.
The number of vendors on the rotation list was discussed with no definitive agreement. Ms.
LaVerriere sought direction from the Commission on the type of model to be utilized with an
RFP and ultimately new contracts.
Mayor Taylor opened the issue for comments from any vendors.
Vice Mayor Rodriguez asked for clarification on any consensus. Ms. LaVerriere reported there
was consensus to tow the City fleet for free up to one ton vehicles on a rotation contract.
There was no consensus on the storage issue. Vice Mayor Rodriguez summarized that most
wanted a rotation with a specified number of vendors.
Steve Beck, Beck's Towing, clarified the restriction was up to one ton vehicles for free. It
would includl:! a 3f4 ton pickup down to a car.
Michael Weiner, on behalf of Craig Goldstein, commented there were four areas, three of
which could make money and one an important public service. There is an opportunity to get
franchise fees, free towing all the way to the largest vehicles and solve the storage problems
without any cost whatsoever. One franchise would also eliminate the time involved in tracking
the rotation lists for the Police Department and Communications. The bid specifications can be
done and a bid accepted to investigate the various alternatives.
Commissioner Weiland divulged he had spoken with Michael Weiner and his client, Westway
Towing. Mayor Taylor, Commissioner Ross and Commissioner Hay also reported conversations.
Vice Mayor Rodriguez indicated he had spoken with Michael Weiner, but not Mr. Weiner's client.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Mr. Beck indicated for many years there were tow companies in Boynton Beach that could do
the entire contract. The Commission has elected to stay with rotation. He hoped the current
process would continue to keep the tow companies in Boynton. An outside company from
Broward County was not needed. He urged the Commission to maintain the rotation list, but
reduce the vendors. He reiterated there were tow companies in the City of Boynton Beach who
would do the franchise fee and the towing. He was open to the RFP process for a franchise
fee.
Commissioner Weiland inquired if Westway Towing had any financial stake in Beck's Towing.
Mr. Beck indicated there was no connection.
Commissioner Hay remarked he did not want to see the towing costs continue to be over
$40,000 a year. He did not think the City should be paying for the towing of fleet vehicles and
storage of vehicles when necessary. Commissioner Hay did not want to continue to payout
money if there was a potential to make money. He did not want to take business from any
company located within the City. Ms. LaVerriere advised lengthy storage was problematic for
the vendors. There was no way to control the storage costs year to year.
Vice Mayor Rodriguez verified the towing business was worth $230,000. Commissioner Weiland
divided the total cost by six vendors. Mayor Taylor was encouraged with the possibility of free
towing and possible franchise fees. Storage was also now being addressed. He was open to
going out for an RFP to investigate the possibilities. Ms. LaVerriere cautioned the language
would have to be specific.
Commissioner Weiland projected if one vendor was used the Commission would be allowing the
creation of a monopoly and hurting six other businesses. Some do have other avenues to
create revenue, while others may not. He could not support limiting the towing to one or two
individuals. In his opinion the budget could be scrutinized to allow for other cost savings rather
than creating a franchise fee for only one vendor. The City was trying to be business friendly
and support small businesses.
Mayor Taylor questioned if the RFP could address both issues of a sole vendor or multiple
vendors. Carol Doppler, Purchasing Agent, advised the RFP covered individual pricing and a
franchise fee scenario. Vice Mayor Rodriguez indicated the citizens of Boynton Beach should
not be punished because the vendor is paying a franchise fee and increase their fees. Ms.
LaVerriere noted the fees are capped by County ordinance. The number of vendors would be a
policy decision for the Commission. There was discussion that the RFP would need to
encompass all the variables of a single award, rotation list, number of vendors and fees to be
charged and paid. Commissioner Weiland felt six vendors would not be able to pay the
franchise fee and split the tows.
Jason Blakeley, Blake's Towing, had been on the rotation list for four years. There are
multiple vendors available within the City. There is not a performance issue with the current
vendors. An agreement had already been made to tow the City fleet vehicles for free on a 24/7
basis to benefit the City and decrease the budget for towing. Ms. LaVerriere indicated 75% to
80% of the tows were less than one ton tows. Based on the current performance and the
agreement on free tows Mr. Blakely did not agree with changing the current rotation lists.
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
David Flooring, Eastern Towing and Recovery, had operated in the City for 20 years. He had
towed City vehicle during the day for free over a period of time. He did not believe in a
franchise fee and felt it took money from the citizens. Any company that paid a franchise fee
added costs to owners to balance the cost of the franchise fee. The current rotation is a better
quality model than a franchise fee.
Craig Goldstein, Westway Towing, pointed out there was information submitted on 10
different cities adjacent to Boynton Beach that shows they do accept franchise fees and free
storage and towing for homicides. Mr. Goldstein would bring 40 employees and build a building
on Neptune Avenue. He did not think it was feasible to rotate six vendors and expect to get
tows for free.
Kevin Piller, Brekota Towing, advised he was on a franchise with Boca Raton with two
companies. They tow all vehicles for free, all homicide/robberies are stored for free and the
City earns money at the same time. Each vendor pays $55,000.
Motion
Commissioner Weiland moved that the City continue with the six vendor rotation and current
vendors, accepting their willingness to tow 3f4 ton or less vehicles for free and the City remains
responsible for storage. Ms. LaVerriere indicated other vendors could not be prohibited from
applying.
Mayor Taylor declared there was no second to the motion and the motion failed.
Vice Mayor Rodriguez saw an opportunity to get formal responses and see the totality of the
offers. The Commission could reject those offers and still maintain a rotation model.
Commissioner Weiland contended only two vendors would be willing to pay the franchise fee.
It would not be cost effective for the other vendors to pay the fee. The RFP process would be a
competition for a few companies to offer hefty franchise fees and exclude everyone else.
Continuation of the current rotation list would support businesses.
Commissioner Hay noted the vendor list could be reduced. The RFP would need to be
structured to obtain franchise fees and set minimum bids. This could increase participation
since the minimum bid would not be prohibitive to the small companies.
Commissioner Weiland maintained if six vendors split the franchise fee and paid $20,000 each it
would not be cost effective for them.
Motion
Commissioner Hay moved to adopt Option D and move forward. Commissioner Ross seconded
the motion.
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Ms. LaVerriere asked that the minimum bid be established so it could be stated in the RFP. Vice
Mayor Rodriguez did not want a minimum fee to be indicated. He suggested the RFP include
two options and the bidders could submit their figures on each or only one.
Attorney Cherof explained the motion is to adopt Option D as written.
Motion
Vice Mayor Rodriguez made a substitute motion to approve Option D but also with no limit or
minimum and secondly offer and RFP that would support multiple vendors.
Attorney Cherof advised it was not an accurate substitute motion because it negated the first
motion. Vice Mayor Rodriguez with drew his substitute motion.
The motion for Option D failed 2-3. (Mayor Tay/or, Vice Mayor Rodriguez and Commissioner
Weiland dissenting)
Motion
Vice Mayor Rodriguez moved to approve Option D, remove the minimum bid and include a
multiple vendor RFP section within the proposal.
Commissioner Weiland reiterated by not having the minimum bid a monopoly would be created.
Commissioner Ross seconded the motion. The motion passed 4-1. (Commissioner Weiland
dissenting)
X. FUTURE AGENDA ITEMS:
A. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008
B. Review of NE 12th Avenue Canal - (Tabled on September 18, 2008 to
December 2, 2008)
C. Report on available mechanisms to save the Old High School - December 2,
2008
D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's
Museum - December 2, 2008
E. Provide City Staff with policy guidance regarding the degree and breadth of
"green" elements to be designed into the new Police Facility located at the
intersection of High Ridge Road and Gateway Boulevard - December 16, 2008
F. 2008 Recreation and Parks Strategic Plan Update - January, 2009
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
A. Consideration of supporting the Florida Trust Historic Preservation by becoming a
sponsor for the 2009 Statewide Conference in Palm Beach County.
Carisse LeJeune, Assistant to the City Manager, reviewed the request for financial support for
the Florida Trust Historic Preservation. A list of current sponsors had been distributed. It was
noted that Commissioner Ross had requested the item be placed on the agenda. There was a
suggestion that the agenda indicate who had requested placement of items on the agenda.
Commissioner Ross explained her rationale for supporting the program. Mayor Taylor and
Commissioner Weiland agreed that funds had not been budgeted. Vice Mayor Rodriguez would
donate discretionary funds as would Commissioner Ross, if the donation would be permitted.
Motion
Vice Mayor Rodriguez moved to reject sponsoring for the historical preservation. Commissioner
Weiland seconded the motion. The motion passed 4-1. (Commissioner Ross dissenting)
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. OS-022 RE: Amending the City's
Comprehensive Plan to implement updates to the Capital Improvement
Element; including preliminary changes to the Capital Improvements
Schedule; Demonstrating Financial Feasibility as required by State
statute.
Attorney Cherof read Proposed Ordinance No. 08-022 by title only.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 08-022. Commissioner Ross
seconded the motion.
Vote
Deputy City Clerk Pyle called the roll. The vote was 5-0.
22
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
2. Proposed Ordinance No. OS-031 RE: Amending
Part II, Chapter 10, "Refuse and Abandoned Property" by enacting a new
Article IV. "Property Maintenance Requirements" to provide for standards
for the maintenance of residential and non-residential properties within
the City; repealing City of Boynton Beach Code of Ordinances Part III,
Chapter 20, Article I, Section 8, "Building Security Code"; Article II,
"Electrical Code", Article VIII, "Housing", Section 1, "Generally", Section
2, "Minimum Standards" and Article IX, "Swimming Pools and Spas".
(Note: City Manager recommends item be tabled.)
Attorney Cherof read Proposed Ordinance No. 08-031 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-031. Commissioner Hay
seconded the motion.
Vote
Deputy City Clerk Pyle called the roll. The vote was 5-0.
3. Proposed Ordinance No. OS-032 RE: Amending
Section 10-30 of the City's Code of Ordinances, Garbage, Trash and
Offensive Conditions, Article II, Refuse, Garbage and Trash allowing for
rate increase.
Attorney Cherof read Proposed Ordinance No. 08-032 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to deny Proposed Ordinance No. 08-032. Mayor Taylor passed
the gavel to Vice Mayor Rodriguez and seconded the motion.
Vote
Deputy City Clerk Pyle called the roll. The vote was 2-3. (Vice Mayor Rodriguez, Commissioners
Hay and Ross dissenting)
Attorney Cherof advised the motion should be made in the positive.
Motion
23
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
Commissioner Hay moved to approve Proposed Ordinance No. 08-032. Commissioner Ross
seconded the motion.
Vote
Deputy Clerk Pyle called the roll. The vote was 2-3. (Mayor Taylor, Vice Mayor Rodriguez and
Commissioner Weiland dissenting)
Attorney Cherof explained the motion was made in the positive to adopt the rate increase.
Vice Mayor Rodriguez requested to change his vote and restated his vote in support of the
Proposed Ordinance.
The vote was 3-2. (Mayor Taylor and Commissioner Weiland dissenting)
C. Ordinances - 1st Reading
1. (Intentionally left blank)
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 9:25 p.m.
24
Meeting Minutes
Regular City Commission
Boynton Beach, FL
November 18, 2008
ATTEST:
CITY OF BOYNTON BEACH
~h
R;;;:;::L~
Woodrow L. Hay, Commissioner r-
Marlene Ross, Commissioner
25
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. L1cene.
PROJECT NAME: Casa del Mar
APPLICANT'S AGENT: Lauren Lending - Siegel, Lipman, Dunay, Shepard & Miskel LLP
APPLICANT'S ADDRESS: 5355 Town Center Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2008
TYPE OF RELIEF SOUGHT: Request for a second one (l)-year site plan time extension for the Casa
del Mar Site Plan Development Order (NWSP 06-015) and Height
Exception (HTEX 06-007), which were approved by the City Commission
on July 18, 2006, extending the expiration date of the approvals,
including concurrency certification to July 18, 2009.
LOCATION OF PROPERTY: 2632 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
4 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 APP-Xant'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.
Other ;/;:) J/e.
7.
DATED:
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S:\Planning\SHARED\WP\PROJECTS\Casa del ManS
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar
File number: SPTE 08-009
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
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
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension is subject to the original conditions of approval. X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. An updated traffic approval letter from Palm Beach County Traffic X
Engineering will be required.
3. In order to ensure capacity will be available when the developer is ready to X
move forward, the applicant shall pay the utility reservation fee.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. I I I
S:\PlanningISHAREDlWPIPROJECTSICasa del MarlSPTE 08-009ICOA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Oce. Licente
PROJECT NAME:
National City
APPLICANT'S AGENT: Duncan Jappy - Interplan, LLC
APPLICANT'S ADDRESS: 933 Lee Road Suite 120 Orlando, FL 32810
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18,2008
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 5,087 square foot
bank and related site improvements on Outlot #1 of the approved Boynton Town Center project.
LOCATION OF PROPERTY: 500 N. Congress Avenue Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
A- 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
-4 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:
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S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Out Parcels\National City\DO.doc
EXHIBIT "C"
Conditions of Approval
Project name: National City
File number: NWSP 08-004
Reference: 2nd review plans identified as a New Site Plan with an October 7, 2008 Planning and Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Palm Beach County Health Department permits may be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
2. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)) at time of permitting.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
3. At the time of permitting, all projects one-acre or larger shall submit a Notice X
of Intent (NOr) to the FDEP for coverage under the NPDES Generic Permit.
Copies of the Nor shall be provided to the City of Boynton Beach
Department of Public W orks/Engineering Division and Utilities
DepartmentlEngineering Division.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
4. Provide an engineer's certification on the Drainage Plan as specified in LDR, X
Chapter 4, Section 7.F.2.
5. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 and Section 10.2 will be required at
the time of permitting.
BUILDING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
7. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
8. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A) The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B) The total amount paid and itemized into how much is for water and how
much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34)
9. Pursuant to approval by the City Commission and all other outside X
agencies, 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.
10. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach
County Emergency 911.
11. Teller stations shall comply with the Florida Building Code, Building for X
handicap accessibility. See FBC Section 11-7.2 (2).
PARKS AND RECREATION
Comments:
12. Irrigation should have separate bubblers on the trees, separate zones for X
DEPARTMENTS INCLUDE REJECT
bedding and grassed areas, have 110% coverage and be low flow
conservation.
FORESTER/ENVIRONMENTALIST
Comments:
13. The landscape sheet detail should including a line indicating where the X
diameter and height of all of the trees will be measured at time of planting
and inspection.
14. The landscape sheet detail should include a line indicating where the clear X
trunk and height of all of the palm trees will be measured at time of planting
and inspection.
15. The applicant should add a note that all utility boxes or structures (not X
currently known or shown on the plan) should be screened with Coco plum
hedge plants on three sides.
PLANNING AND ZONING
Comments:
16. Signage must be reviewed concurrent with the Site Plan submittal. Final X
calculations will be reviewed at time of permit application.
17. It is the applicant's responsibility to ensure that the New Site Plan is X
publicly advertised in accordance with Ordinance 04-007.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
18. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:IPlanningISHAREDlWPIPROJECTS\Boynton Village-Boynton Town Center 110ut ParcelslNational CitylCOA.doc
EXhibit nAn - ::ilte Location Map
NWSP 08-004 - National City Bank
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EXHIBIT B
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"'JlC:'illEC!U~f:~ HlGl'~;:f~IH(; Iolf;T!:l'iOR DHlGI,.
INTERPlAN NO 2007 0738
10.03.08
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
De..lopment
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PROJECT NAME:
Jaffe Variances (ZNCV 08-005)
APPLICANT:
Steven Jaffe
APPLICANT'S ADDRESS:
3416 South Lake Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2008
TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.B.2.a.,
requiring a front building setback of 25 feet, to allow an 11-foot
variance, and a front building setback of 14 feet, and requiring a rear
building setback of 20 feet, to allow an 18-foot variance, and a rear
building setback of 2 feet for a proposed garage accessory to a single-
family residence in the R-1-AAB zoning district.
LOCATION OF PROPERTY: 3416 South Lake Drive, Boynton Beach
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
-4. 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
A 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: I J-J. J -0 B
EXHIBIT "G"
Conditions of Approval
Project name: Jaffe Variances
File number: ZNCV 08-005
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
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
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTSlJaffe - Wantshouse VarianceIJaffe Variance\COA.doc
Exhibit "A" - Site Location Map
ZNCV 08-005 - 3416 South Lake Drive
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EXHIBIT B
LITTON LAND SURV't..:YORS, INC.
609 N.E. 3rd. AVENUE - DELRAY BEACH, FLORIDA 33444
561-276-7575 (OFFICE) - 561-276-6621 (FAX) JRLlTION@BELLSOUTH.NET
PROUDLY SERVING PALM BEACH, BROWARD, DADE, MARTIN AND ST. LUCIE COUNTIES
WITH OVER 30 YEARS EXPERIENCE
50,94'
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1. THE BEARINGS ON THIS SURVEY ARE BASED ON THE RECORD PLA 1.
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SCALE: 1" = 30'
2. LOT 1, BLOCK 2 CONTAINS 12,924.1274 SQUARE FEET, (0.2967 ACRES),
OF LAND MORE OR LESS
SHEET 2 OF 2 SHEETS
REVISION: PLOT "pLAN GARAGE 06/03/08, JRL.
LEGEND:
I~) PHONE BOX 'T..l;, POwER POLE EtI
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JOB No. OB-21813 DATE:
FILE No 08-21813
CATCH BASIN
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
OCt. License
PROJECT NAME:
Bru's Room Sports Grill
APPLICANT'S AGENT: Bob Brudzinski
APPLICANT'S ADDRESS: 4607 Gleneagles Drive, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18,2008
TYPE OF RELIEF SOUGHT: Request to rescind Conditional Use approval for operation of a nightclub
with live entertainment.
LOCATION OF PROPERTY: 1333 N. Congress Avenue, Boynton Beach, FL 33426
DRAWING(S): NONE
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
X 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
X 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:
1- 1--/ -()
S:\Planning\SHARED\WP\PROJECTS\Bru's Room\COUS 08-005\DO.doc
EXHIBIT "e"
Conditions of Approval
Project name: Bru's Room Sports Grill
File number: CaDS 08-005
Reference:
DEPARTMENTS 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/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanningISHARED\WPIPROJECTSIBru's RoomlCOUS 08-005ICOA.doc
Exhibit "A" - Site Location Map
COUS 08-005 - Bru's Room
SMU
Suburban
Mixed Use
460 230 0
I
460
920
1,380
N
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I Feef~~7E
S
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
~CC._~I~.n.e
PROJECT NAME:
Sparkle Clean Car Wash
APPLICANT'S AGENT: Jason Mankoff - Weiner, Aronson & Mankoff, P.A.
APPLICANT'S ADDRESS: 10 S.E. 1st Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2008
TYPE OF RELIEF SOUGHT: Request to add automobile detailing services to previously approved
4,880 square foot fully automated carwash facility.
LOCATION OF PROPERTY: 3008 S. Congress Avenue, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X TH I S 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
-X 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
4- 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 th
and conditions of this or
DATED:
/ / -.)-1,0 if
erty shall be made in accordance with the terms
7.
Other
S:IPlanningISHARED\WPIPROJECTSIRapido RabbitlSparkle Clean COUS 08-006IDO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Sparkle Clean Car Wash
File number: CaDS 08-006
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
I DEPARTMENTS INCLUDE I REJECT I
I PLANNING AND ZONING I I
Comments:
1. Staff recommends that all parking occur within approved parking spaces, X
with no parking allowed in vehicular circulation areas or on landscape areas.
2. Staff also recommends that the detailing service component be restricted to X
the same hours of operation as the carwash itself, in conformance with
original Condition of Approval #35, which restricted the hours of operation
from dawn to dusk, however, in no instance shall the carwash be open later
than 7 P.M.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPJanningISHARED\WPIPROJECTSIRapido RabbitlSparkle Clean COUS 08-006ICOA.doc
Exhibit "A" - Site Location Map
COUS 08-006 - Spa e Clean Carwash
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I Feet
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1) E1Ql.H}ARY INFORU~T1DtI #.HO 10T.\1. sm: AAE.A IS 81.SEO Otol .. SUR'ttY BY
O'ElRIEH, SUITER II: l)'ERlEN OA'tUll)[tEWBfR t, 2004
2) ALl. PLANS SUII~rr[o fOR SPECIFIC PERt.tllS >>1AU. WEfT lHr arts COlE
R[QUlREWEtHSAT TU.11 Of APPlICAllC1tl, 'fHESEPEIlUITSlNCLUOE:.IlUTAA,(h'OT
LltlTEDIO, lHrfOUU1NG. P"VUJG, DIl-'INAGtCl.lRllNU. Sll[llGlfWu.
l.AADSCAPING AND il.RGAll(Jt- ~RYl1S RfCll.MED fRail OlliEll PERAAlT1lNG ACiNCIES
SUOi AS FU1RtI.... OO'oIUfTlIf).'T or Jf<:ANSPORTA7lOH (FlXnj, 50IJlH n.Cl'iJDA WATER
"ANAGDIElil DIStRICT (SF'ft(tl), LAl\E WORTH DRAlNAGt DlSTIlICT (L\\DO), FtOR!D,I.,
DEPARTI.lOiT Of ENIIII'llHU[t.lIAL PROl[ClI00 lFDEP). PAUl BEACH COlllfly HHLTH
DLPI.R'I\lENT (PBCHO), PAUl BEAtH COONTY E:~NG DD'AA1-"fHl I/lBCfO)
P"11ol Af'AC." l:!lJN1'( )[PARMNT Ci ENVlIlC>>4UFWUI RfSClUla WJoI-'l:tunn'
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MILLER
LAND
PLANNING
CONSULT A NTS./NC
298 Pineopple Grove WO'r
Delroy Beach, R J3.4.4.4
{561) 272...ooa2
fr.paI/ldkit
Eoat Coast Development
4036 ..null Drive
BDjO'tl<>(lEi<<OCIl,F1.
P1llleClCOruullaoll
SurvayCf
~~~;-~, 5F~~ro~n~~~:;~.n,
O.lrot &.lJC:n. FL 3:l48J
!l61/276-4&11
Engineer
Enwll'oOni;n
2iB Pineapple Gr...... Way
Oelrey a."I:I'I. fl JJ..u
!lOB.64H~SI
Landscape Archlled
A. c,.."t 'hc'n~roullh 40: N.&O~i,
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,ITF PI AN
STANDARDS FOR EVALUATING CONDITIONAL USES
1. Ingress and egress to the subject property and proposed structures
thereon, with particular reference to automobile and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or
catastrophe.
The addition of a covered car waxing area in the parking lot at the existing car
wash will not have any effect on the existing ingress and egress of the property
or any effect on automobile and pedestrian safety and convenience, traffic flow
and control and of access in case of fire or catastrophe. The two existing points
of ingress/egress to the carwash will remain as is and continue to adequately
address the needs of typical vehicular circulation, as well as that of emergency
vehicles and sanitation equipment.
2. Off-street parking and loading areas where required, with particular
attention to the items in subsection 0.1. above, and the economic, glare,
noise, and odor effects the conditional use will have on adjacent and
nearby properties, and the city as a whole.
The addition of a covered car waxing area in the parking lot at the existing car
wash will not have a negative effect on the existing off-street parking and loading
area nor will it have any negative impact on the adjacent and nearby properties,
and the City as a whole.
3. Refuse and service areas, with particular reference to the items in
subsection 0.1. and 0.2. above.
The addition of a covered car waxing area in the parking lot at the existing car
wash will not have any effect on the existing dumpster location.
4. Utilities, with reference to locations, availability, and compatibility.
The addition of a covered car waxing area in the parking lot at the existing car
wash will not have any effect on the existing utilities.
5. Screening, buffering and landscaping with reference to type, dimensions,
and character.
The addition at a covered car waxmg area rn the parkrng lot at the existing car
wash will not have any effect on the existing landscaping. This area is screened
and buffered by the existing landscaping. The covered car waxing area is also in
the rear of the property and will not be visible from Congress Avenue.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety,
economic effect, and compatibility and harmony with adjacent and nearby
properties.
EXHIBIT C
The addition of a covered car waxing area in the parking lot at the existing car
wash will not have any effect on the existing lighting or sign age.
7. Required setbacks and other open spaces.
The addition of a covered car waxing area in the parking lot at the existing car
wash will not change the setbacks or open space.
8. General compatibility with adjacent properties, and other property in the
zoning district.
The addition of a covered car waxing area in the parking lot at the existing car
wash is compatible wfth the adjacent properties and other property in the zoning
district as it is an additional service that many carwashes provide to their
customers. Moreover, it will not create any further noise.
9. Height of buildings and structures, with reference to compatibility and
harmony to adjacent and nearby properties, and the city as a whole.
Not applicable.
10. Economic effects on adjacent and nearby properties, and the city as a
whole.
The addition of a covered car waxing area in the parking lot at the existing car
wash will not have any adverse effects on adjacent or nearby properties.
11. Conformance to the standards and requirements which apply to site plans,
as set forth in Chapter 4 of the City of Boynton Beach Land Development
Regulations.
The addition of a covered car waxing area in the parking lot at the existing car
wash does comply with al/ requirements of applicable sections of the City code.
12. Compliance with, and abatement of nuisances and hazards in accordance
with the performance standards, Section 4.N of Chapter 2; also,
conformance to the City of Boynton Beach Noise Control Ordinance,
Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances.
The addition of a covered car waxing area in the parking lot at the existing car
wash will be in compliance with the above referenced performance standards.
13. Required analysis. All conditional use applications for bars, nightclubs
and similar establishments shall include the following analysis:
Not Applicable.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Palm Cove PUD
Development
P&Z
Building
Engineering
Occ. Llcent.
APPLICANT'S AGENT:
Bonnie Miskel of Siegel, Lipman, Dunay, Shepard and Miske, ......,
AGENT'S ADDRESS:
5355 Town Center Rd., Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18,2008
TYPE OF RELIEF SOUGHT: Request a second one (l)-year site plan time extension from July 3,
2008 to July 3, 2009, for 121 proposed townhouses and related site
improvements on 7.4 acres in the PUD zoning district.
LOCATION OF PROPERTY: Extending between Old Dixie Highway and South Federal Highway
approximately one-quarter (1/4) mile north of Gulfstream Boulevard.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
A 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
X 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:
/-rJ../-06
S:\Planning\SHARED\WP\PROJECTS\Palm Cove {aka
EXHIBIT "C"
Conditions of Approval
Project name: Palm Cove
File number: SPTE 08-008
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
l. The applicant shall pay the utility reservation fee in order to ensure capacity X
will be available when project commencement is anticipated.
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/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
Exhibit '"A" - Site Location Map
Palm Cove
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EXTRAVAGANZA
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Presented by: Auburn
Auburn
Group
. Saturday, December 6
5:00 p.m. Annual Holiday Parade
North along Federal Hwy. from SE 12th Ave. to Ocean Ave.
6:30 p.m. Tree Lighting
East Ocean Ave. between Seacrest Blvd. and SE 1 st st.
7:00 p.m. FREE CONCERT
Ocean Ave. between Seacrest Blvd. and SE 1st St.
FREE CONCERT
featuring
Jon Seeada
FOOD & BEVERAGES AVAILABLE
Pets are not permitted
www.boyntonbeachcra.com
561-742-6246
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"'~~<tY~e~lCRA
iIi East Side-West S.,de-Seaside Renaissance
.
The Pahn Beach Post
p~1Im8l""a( nDost corr
. Receive special drink offers at Two George'sWatert'ront Grille,
Banana Boat and Prime Catch with each new, unwrapped toy.
DURING THE PARADE: When you see the "Toys-for- Tots" boat, signal the
vessel with your flashlight for toy pick-up from your dock!
OTHER FUN WAYS TO GET INVOLVED
Organize toy collections at work, holiday parties and gift exchanges. Allow
your children to select donation gifts to help a child in need and experience
the true meaning of the holidays. All donations made prior to December 12,
must be dropped off at one of the locations listed below:
Community Redevelopment Agency - 915 S. Federal Highway
Schoolhouse Children's Museum - 129 E. Ocean Avenue
Boynton Beach Library - 208 S. Seacrest Blvd
Boynton Beach Chamber of Commerce - new location - 1880 N. Congress Avenue #106
FOR MORE INFORMATION PLEASE CALL 561-737-3256 OR VISIT OUR WEBSITE www.boyntonbeachcra.com
Lver~ Child Deserves a T o~ tor the Holida~s
JOIN THE FI,JNANO F:ES'TIVITIE
As Boynton and Delray Beach present the...
Annual Holiday Boat Parade
Friday, December 12,2008
6:30 P.M.
Presented by: Auburn
.
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The Parade begins at the Boynton Beach Inlet and proceeds
south to the C-15 canal, south of Delray Beach
Viewing area at the Boynton Harbor Marina
near Two Georges Waterfront Grille
Parking available at First Financial Plaza
Please bring new, unwrapped toys for Toys-for-Tots donation
Food & drink vendors available
To enter your boat call Rob Larson: 735-7955
Event Information' 742-624h
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BOYNTON BEACH
CHAMBER OF COMMEACE
Fax
NAME:
CHIEF G. MATTHEW IMMLER
ORGANIZATION:
POLICE DEPARTMENT
CITY OF BOYNTON BEACH, FLORIDA
{ CHIEF OF POLICE}
561-742-9185
561-742-6100
AMB. LAWRENCE A. GOTTFRIED
SEPTEMBER 23, 2008
INCOMPLETE DOCUMENT REQUESTS
7; INCLUDING THIS ONE
FAX:
PHONE:
FROM:
DATE:
SUBJECT:
PAGES:
CC's:
JERRY TAYLOR, MAYOR:
KURT BRESSNER, CITY MANAGER
JIM CHEROF; CITY ATTORNEY
PAM WELSH - FOR DISBURSEMENT TO ALL MEMBERS
OF THE CITY COUNCIL, THE MAYOR, AND
THE CITY MANAGER (561) 742-6011 - NOT WORKING
THIS DATE - TOLD TO FAX TO
CITY CLERK'S OFFICE AT 742-
6090
CHIEF IMMLER,
I AM BY MOST WHO KNOW ME, TYPICALLY A STRONG PERSON
IN LIFE. HOWEVER, FOR THE PAST THREE PLUS YEARS I HAVE FOUGHT A RARE
FORM OF CANCER; ONE WHICH HAS NO KNOWN CURE BUT WHICH THE
DOCTORS SAY IS "MANAGEABLE"; THAT ISIF YOU SURVIVE ALL THEY PUT YOU
THROUGH {SOME I KNOW HAVING NOT SURVIVED}; AND THE LITANY OF SIDE
AFFECTS FROM THE DIFFERENT MEDICATIONS THEY GIVE YOU JUST TO KEEP
YOU ALIVE. THAT NOT BEING ENOUGH, I CURRENTLY AND HAVE FOR NEARLY
TWO FULL YEARS NOW, SPEND 24 HOURS A DAY, 7 DAYS A WEEK, 365 DAYS A
YEAR, IN SEVERE PAIN; DUE TO THE ERROR OF A LOCAL NURSE WHO GAVE ME
AN OVERDOSE OF CANCER FIGHTING MEDICATION; FOR SIX MONTHS UNTIL I
FIGURED OUT SHE DID NOT KNOW WHAT SHE WAS DOING HERSELF AND TO ME;
DESPITE MY CONTINUED PLEAS ABOUT THE PAIN. WHETHER OR NOT THE PAIN
EVER GOES AWAY IN MY LIFETIME IS STILL YET UNCERTAIN, AND I SLEEP
From the desk of...
Amb. Lawrence A. Gottfried, Ret.
1102 Renaissance Way
Boynton Beach, Florida 33426
561.752.3694
Cell: 561.441.5050
Congressman@Hotmail.com
Page 1 of 6
LITTLE AT NIGHT EVEN IF I USE MEDICATION. THE SEVERITY OF THIS PAIN HAS
KEPT ME FROM WORKING AND RETURNING TO EARN A RESPECTABLE LIVING,
BUT IT HAS NOT KEPT MY MIND FROM UNDERSTANDING WHEN I AND MY
FAMILY ARE BEING TARGETED, LIED ABOUT, VICTIMIZED; AND NOT ONLY BY
INDIVIDUALS FOR THEIR OWN AGENDAS, BUT BY CITY DEPARTMENTS; AND SUB-
DEPARTMENTS WITHIN YOUR OWN DEPARTMENT AS WELL.
THOSE SAME DOCTORS WHO TREAT ME, AND ARE "WORLD
CLASS DOCTORS" BY ANYONE'S STANDARDS, HAVE TOLD ME THAT ADDED
STRESS IN MY LIFE CAN ONLY BE INJURIOUS TO MY HEALTH; AND WITH MY
TYPE OF CANCER COULD CAUSE A RELAPSE AT ANY TIME. LET ME MAKE IT
QUITE CLEAR CHIEF IMMLER, THAT I FIND YOUR ACTIONS AND THE ACTIONS
OF A NUMBER OF YOUR OFFICERS AND INVESTIGATORS BIASED AGAINST ME
ANDIORMY FAMIL Y, DISCOURTEOUS, DEFAMATORY, AND WITHOUT QUESTION
HAVE CAUSED ME AND CERTAIN MEMBERS OF MY FAMILY MANY SLEEPLESS
NIGHTS. I HOLD YOU PERSONALLY RESPONSIBLE FOR ALL OF THE
AFOREMENTIONED; PARTICULARLY SINCE WE CAME TO YOU IN A FACE TO
FACE MEETING, TO GIVE YOU A PERSONAL PLEA FOR HELP - AND WHAT DID WE
GOT, ORBETTERPUTWHAT DID I GET - EVEN MORE BIASED TARGETING TO SEE
IF YOU COULD PUT ME A WAY BY LYING IN POLICE REPORTS, AND ATTEMPTING
TO HAVE ME INDICTED FOR GRAND THEFT, A CRIME YOU AND YOUR OFFICERS
SUCH AS SGT. SHERIDAN {WHO IS BEHIND MOST OF THIS}, AND THE REST OF
THE OFFICERS, WOULD HAVE TO KNOW BASED ON EVEN THE SLANTED
INVESTIGATION DONE, THAT I WAS NOT ONLY NOT GUILTY OF SAID CRIMES,
BUT THEY HAD NO BASIS IN FACT TO CHARGE ME. THESE STATEMENTS ARE
ALONE MADE, NOT JUST ON WHAT I KNOW TO BE TRUE AND HAVE NEVER BEEN
ASKED, BUT ALSO BASED ON DOCUMENTS YOU HOLD IN YOUR FILES TODAY
WHICH I OBTAINED IN A PUBLIC DOCUMENTS DISCLOSURE REQUEST. YET
DESPITE THAT, THESE ATTEMPTS WERE SENT UP TO THE STATES ATTORNEY'S
OFFICE FOR INDICTMENT - WHICH THEY DECLINED.
WHAT I FIND ODD AT THIS POINT THOUGH, AND WILL
PURSUE IT, IS THAT I ASKED MY MOTHER'S CASE WHICH WAS OF FELONY
BATTERY ALTHOUGH OFFICER HARRIS CONSISTENTLY REFERS TO THE
INCIDENT AS "SIMPLE BATTERY". AS WELL, IN A TANGENTIAL CASE I HAVE
WHICH HAPPENED AT THE SAME TIME AND WAS REPORTED TO OFFICER
HARRIS ALTHOUGH HE REFUSED TO TAKE A REPORT ON IT AND LIED ABOUT
HOW I CHARACTERIZED THIS INCIDENT AS I DISCUSSED WITH YOU IN PERSON
AT OUR MEETING, I WAS THE VICTIM OF AN ASSAULT BY THE SAME PERSON,
AND NOT THAT OF BATTERY AS OFFICER HARRIS CONTINUES TO LIE IN HIS
REPORTS THAT I SAID THIS; EVEN TO THE POINT OF ALLEGEDL Y WARNING ME
NOT TO "...MAKE THINGS UP NOW..." WHICH WOULD BE AGAINST THE LAW.
AS I TOLD YOU WHEN WE MET, I HAVE BEEN AN ATTORNEY
SINCE 1981 IN NEW YORK AND IN THE 80's PRACTICED CRIMINAL LAW. I KNOW
THE DIFFERENCE, EVEN AFTER READING THE STATUTE HERE IN FLORIDA,
BETWEEN AN ASSAULT AND A BATTERY. IT IS NOT SOMETHING I WOULD
EASILY ORAT ALL CONFUSE OR MIS-STATE
Page 2 of 6
SEVERAL MONTHS AGO MY MOTHER AND I MET WITH YOU
ABOUT CONCERNS WE HAD ABOUT AN ONGOING INVESTIGATION; AND
P ARTICULARL Y ABOUT NOT ONLY THE INVESTIGATING OFFICER BUT ABOUT
SGT. PAUL SHERIDAN.
I TOLD YOU ABOUT OFFICER HARRIS' STATEMENTS {AS I
HAVE ALREADY REFERENCED HEREIN} IN HIS WRITTEN REPORTS REFLECTING
THINGS THAT I NEVER SAID, EMPHASIZING ITEMS THAT WOULD MADE IT LOOK
UNFAVORABLY TOWARDS MY SELF OR MY MOTHER, AND CONSISTENTLY IN
ALL REPORTS INDICATED THIS WAS A "SIMPLE BATTERY". WHEN IN FACT IT
WAS A FELONY BATTERY.
WE SPOKE ABOUT HIS REFUSAL TO SPEAK WITH ME OR
WRITE A FINAL LETTER TO ME WHICH INVESTIGATOR LANE HAD ASKED HIM
TO DO AND WAS REFUSED OUTRIGHT. HE LIED TO INVESTIGATOR LANE WHEN
HE TOLD HIM HE HAD SENT SUCH A LETTER AS I HAVE NEVER RECEIVED THAT
LETTER NOR ANY OTHER FROM HIM; NOR ANY TELEPHONE CALL TO TELL ME
THE CASE HAD BEEN CLOSED - I FOUND THAT OUT MYSELF.
HOWEVER, IT APPEARS THAT IS STATUS QUO FOR YOUR
DEPARTMENT. IN DOCUMENTS I HAVE OBTAINED UNDER THE DOCUMENT
DISCLOSURE LAWS, I SEEM TO FIND YET ANOTHER OFFICER IN YOUR
COMMAND EITHER WAS SUPPOSED TO WRITE ME OR PHONE ME; HE DID
NEITHER. ON TOP OF IT ALL, WHILE SITTING IN THE CITY HALL LOUNGE AREA
SEVERAL MONTHS AGO, THE CITY MANAGER WALKED DOWN THE STAIRS AND
BY MY MOTHER AND MYSELF. HE STOPPED FOR A MOMENT ASKED IF WE
"...GOT THE LETTER FROM CHIEF IMMLER THAT HE WAS SUPPOSED TO BE
SENDING ME...". NOT ONLY HAVE I NOT RECEIVED THAT LETTER, BUT SINCE
THEN NEITHER THE CITY MANAGER NOR THE CITY ATTORNEY WILL RETURN
ANY OF MY TELEPHONE CALLS. ADDITIONALLY, IN HIS ACCOUNTS OF THE
INCIDENT, HE SAYS HE INFORMED US OF WHAT WAS GOING ON - NOT TRUE.
THE ONLY THING HE SAID WAS HELLO, ASKED ABOUT THE LETTER, AND THEN
RAN OFF SAYING HE WAS VERY BUSY. I HAVE NOT HEARD FROM HIM SINCE
EXCEPT A LETTER FROM HIS OFFICE SENT BY HIS ASSISTANT. THAT LETTER
ALONE IS DEFAMATORY AND MAKES ME WONDER IF THAT WOMAN IS SGT.
SHERIDAN'S GIRLFRIEND. THE COMMENTS SHE MAKES, THE INNUENDOS SHE
STATES, BY SOMEONE I HAVE NEVER MET, MIGHT EVEN COME UP TO THE
LEVEL OF CRIMINAL LIBEL/SLANDER. THE CITY COUNCIL WILL BE MADE
AWARE OF THIS EGREGIOUS BEHAVIOR IN DUE COURSE.
IN THE ONE MEETING WE HAD I ASKED YOU IF I HAD TO FILE
A WRITTEN REPORT AGAINST OFFICER HARRIS IN ORDER TO MAKE IT FORMAL
COMPLAINT AS TO HIS ACTIONS. YOU ASSURED MY MOTHER AND ME THAT
SINCE I HAD REPORTED IT TO YOU PERSONALLY, THAT COMMUNICATION IN
AND OF ITSELF WAS A FORMAL REPORT AND THAT YOU WOULD FOLLOW UP ON
SAME. I WOULD LIKE TO KNOW WHAT YOU DID IN RELATION TO THAT FORMAL
COMPLAINT; ORIF A FORMAL COMPLAINT WAS EVER FILED AGAINST OFFICER
HARRIS RELATIVE TO THE MATTERS WE DISCUSSED WITH YOU.
Page 3 of 6
FURTHERMORE, AFTER OBTAINING ADDITIONAL PUBLIC
RECORDS WHICH I HAVE NOW REVIEWED, IT IS CLEARLY APPARENT THAT A
SCHEME WAS HATCHED BY THE BOARD OF DIRECTORS OF SAN RAPHAEL
CONDOMINIUM ASSOCIATION, INC., LED BY SGT. PAUL SHERIDAN, TO TRY AND
HAVE MY REPUTATION IN THE COMMUNITY DAMAGED PERMANENTLY AND
HAVE ME HUMILIATED AS WELL, BY ATTEMPTING TO HAVE ME INDICTED ON
GRAND THEFT. THEY HAD ALREADY FABRICATED A CASE OF POTENTIAL
PETTY THEFT. YOUR OFFICES DID NO REAL INVESTIGATION ABOUT THAT, AND
HAD YOUR DEPARTMENT THREATEN ME WITH ARREST IF I DID NOT RETURN
THE ITEM IN QUESTION. THAT WAS A CIVIL MATTER AND IF THAT IS NOT THE
USE OF THE POLICE DEPARTMENT FOR EXTORTION ANDIOR COERCION, I
DON'T THEN KNOW WHAT THE DEFINITIONS OF THOSE CRIMES ARE. THE ONLY
PROBLEM WAS THAT I NEVER COMMITTED ANY OF THE THEFT THAT I WAS
ACCUSED OF. FURTHER, I WAS NEVER EVEN INTERVIEWED ABOUT RELEVANT
MATTERS IN EACH INSTANCE; ONLY THREATENED WITH ARREST. THERE WAS
MUCH MORE TO THE MATTER AND MOTIVES FOR THE "WITNESSES" TO LIE;
ALL OF WHICH I WOULD HAVE BEEN HAPPY TO PROVIDE IF ONLY ASKED.
ADDITIONALLY, IN THE FELONY BATTERY CASE MY MOTHER
WAS INVOLVED IN, AND AT THE SAME TIME AND PLACE AN "ASSAULT", NOT A
BATTERY AS OFFICER HARRIS HAS FABRICATED MY SAYING IN HIS REPORTS;
WHEN I TOLD INVESTIGATOR LANE TOWARDS THE END OF HIS INVESTIGATION
THAT THERE WERE CRIMES THAT HAD NOT BEEN INVESTIGATED AND THAT I
HAD OTHER CRIMINAL ACTS PERPETRATED AGAINST ME, HIS ATTITUDE HE
HAD ALL ALONG WITH ME CHANGED. HE WAS NOW NOT BEING POLITE BUT
CURT, TERSE, AND TOLD ME "...THAT HE WAS NOT GOING TO TAKE ANY MORE
COMPLAINTS ABOUT THINGS AT SAN RAPHAEL...". WHERE WAS I TO GO THEN
CHIEF IMMLER TO FILE CHARGES FOR CRIMES COMMITTED AGAINST MY
PERSON? WHO GOT TO INVESTIGATOR LANE - YOU, SGT. SHERIDAN, OR ONE OF
HIS "BUDDIES". IN FACT, WHEN I CAME BACK TO YOUR OFFICES NEARLY A
MONTH AFTER WE MET TO GET AN UPDATE OF WHAT WAS GOING ON, I WAS
TOLD YOU WERE IN A MEETING BY YOUR ASSISTANT AND THAT YOU HAD
ASSIGNED THE CASE TO INVESTIGATOR LANE. I THEN ASKED TO SPEAK WITH
INVESTIGATOR LANE AND DID SO. HE WAS AT THAT MOMENT, NOW NEARLY A
MONTH AFTER WE MET, AND AFTER YOUR ASSISTANT TOLD ME WHAT YOU
ALLEGEDLY TOLD HER, HE WAS "...UNAWARE YOU HAD ASSIGNED HIM THIS
MATTER...". IT IS HARD TO FIND YOUR IMPARTIALITY IN THIS MATTER AND IT
IS EVEN HARDER TO BELIEVE THAT THE POLICE DEPARTMENT IN THIS CITY IS
HERE TO PROTECT ME; BUT RATHER TO PUT ME AWAY.
FURTHER, WHAT I WOULD LIKE TO KNOW IS HOW OFFICER
HARRIS, AN OFFICER WHO I HAD COMPLAINED TO YOU PERSONALLY AS WELL
AS MY MOTHER HAS, ABOUT HIS ATTITUDE TOWARDS US, AND HAS SHOWN A
DISTINCT BIAS TOWARDS ME AND MY FAMILY, LIED IN HIS REPORTS AND AS
WELL MADE MATERIAL MISREPRESENTATIONS IN HIS REPORTS ABOUT WHAT
I HAVE SAID, IS THEN PUT IN CHARGE OF THE INVESTIGATION ABOUT MY
ALLEGED COMMISSION OF GRAND LARCENY.
Page 4 of 6
AND THEN, IT INCREDIBLY WINDS UP ON THE DESK OF THE
ASSISTANT STATES ATTORNEY WHO IS INVESTIGATING MY COMPLAINT
AGAINST YOUR OFFICERS AND YOUR DEPARTMENT, AND WHO APPARENTLY
WILL NOT RETURN ANY TELEPHONE CALL TO ME AFTER MY CALLING HER
OFFICE AND FAXING HER ABOUT AN "URGENT" NEED TO MEET WITH HER.
IT HAS ALWAYS BEEN MY UNDERSTANDING THE POLICE
WERE HERE TO PROTECT THE CITIZENS AND THE INNOCENT PEOPLE OF THE
CITY OR MUNICIPALITY THEY SERVE. THEY ARE NOT HERE TO PROTECT
OTHER COPS WHO WANT TO STRETCH THE LAW, USE IT TO HARASS PEOPLE,
INTIMIDATE CITIZENS, COMMIT CRIMES AND COVER THEIR TRACKS IN DOING
SO.
RECENTLY SGT. SHERIDAN, AT THE END OF A BOARD OF
DIRECTORS MEETING OF OUR ASSOCIATION, WALKED DIRECTLY OVER TO MY
MOTHER AND I SITTING TOWARDS THE BACK OF THE ROOM, STILL SEATED,
AND BEGAN A CONVERSATION WITH US. DURING THIS SHORT TIME, I ASKED
HIM ABOUT THE INCIDENT WHEREBY ANOTHER OWNER TOLD ME HE A TOLD
HER THAT "....I WAS DISBARRED IN NEW YORK AS AN ATTORNEY FOR MENTAL
REASONS...". HE READILY AND PUBLICLY ADMITTED THAT HE HAS SAID THAT,
AND IN FACT TO THAT PERSON AS WELL, ALL THIS IN FRONT OF MY MOTHER
AND MYSELF AND OTHERS STANDING AROUND. HE SEEMED PROUD OF WHAT
HE HAD DONE TO ME IN FURTHERING THIS WHOLLY WRONG AND TRASHY
RUMOR WHICH DEFAMED MY CHARACTER, MY PROFESSION AND CREDIBILITY
BOTH HERE ANDIORIN NEW YORK. HE FURTHER SAID, UNPROVOKED, THAT HE
GOT THIS INFORMATION FROM "...ANOTHER LAWYER...; YET WHEN I ASKED
WHO THAT WAS- HE SAID "...HE WOULD NEVER TELL...".
SGT. SHERIDAN ALSO WENT ON TO INDICATE WITH SOME
BRAVADO THAT HE COULD GENERALL Y SAY WHA T HE WANTED ABOUT ME AND
NOT GET INTO ANY TROUBLE WITH DEFAMATION; PREDICATED ON THE FACT
THAT I AM NOT CURRENTLY WORKING AS AN ATTORNEY IN THE STATE OF
FLORIDA. IT SHOULD BE NOTED THAT I AM STILL A LICENSED ATTORNEY IN
THE STATE OF NEW YORK TO THIS DATE.
IN ADDITION TO THIS ARROGANT SET OF STATEMENTS ABOUT
MY PROFESSION, SGT. SHERIDAN HAD PRODUCED ALONG WITH SEVERAL
OTHER INDIVIDUALS, A LIST OF 19 POINTS ABOUT ME WHILE PRESIDENT OF
THE ASSOCIATION; ALL OF WHICH WERE EITHER OUTRIGHT LIES OR SUCH A
DISTORTION OR PARTIAL TELLING OF THE TRUTH THAT MY CHARACTER AS
THE FIRST PRESIDENT OF THE SAN RAPHAEL CONDOMINIUM ASSOCIATION,
INC. HAS BEEN DESTROYED FOREVER; ALONG WITH MY REPUTATION IN THE
COMMUNITY. IN FACT RECENTLY, ONE MEMBER OF THE COMMUNITY WHO
EVEN KNEW THESE WERE LIES, WROTE TO ME TELLING ME THAT I "...SHOULD
LEAVE THE COMMUNITY BECAUSE I AM HATED HERE AND NO ONE LIKES ME
FOR WHAT I HAVE DONE...." - THIS IS WHAT YOUR SGT. SHERIDAN HAS DONE
AND HIS CRONIES HAVE COVERED HIM AT ALL ANGLES. IN FACT, ONE OR
MORE OF THE BOARD CONTINUES, ALONG WITH SGT. SHERIDAN, TO SAY THAT
Page 5 of 6
I WAS RECALLED FROM MY POSITION AS PRESIDENT; WHEN THIS IS A FACTUAL
LIE. I TURNED IN MY RESIGNATION ON THE RECOMMENDATION OF VARIOUS
DOCTORS; AS I SUFFER FROM WHAT I HAVE ALREADY INFORMED YOU ISANON-
CURABLE VERY RARE FORM OF CANCER. IS SGT. SHERIDAN AS WELL AS
OFFICER HARRIS, AND THE OTHERS THAT HAVE HELPED TO COVER WHAT
THEY HAVE DONE IN SMALL WAYS; OR FAILED TO PROSECUTE REAL CRIMES
AGAINST ME OR MY FAMILY; THE EXAMPLE OF PROPER AND ETHICAL POLICE
WORK THAT YOU ARE PROUD OF AND THAT YOU ARE SETTING FOR THE
CITIZENS OF BOYNTON BEACH?
I REQUEST AND FURTHER MAKE A DEMAND VIA THIS FAX,
FOR A FULL AND COMPLETE SET OF ANSWERS TO ANY AND ALL OF THE
AFOREMENTIONED QUESTIONS I HAVE RAISED. I AM ENTITLED TO THAT BOTH
AS A CITIZEN OF THE UNITED STATES, THE STATE OF FLORIDA, AND OF THE
CITY OF BOYNTON BEACH; NOT TO MENTION ALSO BEING A HOME OWNER IN
THIS CITY. A REPLY TO ALL OF THE AFOREMENTIONED SHALL BE EXPECTED
WITHIN A REASONABLE AMOUNT OF TIME.
LASTLY THOUGH, IT IS MY BELIEF THAT ONLY A REQUEST TO
THE UNITED STATES ATTORNEY FOR THIS DISTRICT, FOR AN INDEPENDENT
INVESTIGATION INTO MY ALLEGATIONS, THE ACTIONS OF YOURSELF, YOUR
OFFICERS AND YOUR DEPARTMENT IS WARRANTED. THERE SHOULD BE MORE
THAN THE APPEARANCE OF IMPROPRIETY - THERE SHOULD BE NO
IMPROPRIETY. ASK THE US ATTORNEY TO TAKE THIS MATTER. I WILL
COOPERATE WITH THEM TO THE FULLEST EXTENT; AND I WOULD HOPE YOU
WOULD TOO. THE ONLY REASON I CAN THINK OF FOR NOT REQUESTING THIS
AT THE BEHEST OF A CITIZEN OF YOUR OWN CITY, IS THAT YOU HAVE TOO
MUCH TO HIDE IN THESE MATTERS. ONLY A FAIR AND IMPARTIAL
INVESTIGATION, BY AN AGENCY NOT TAINTED IN WHAT HAS GONE ON, CAN DO
THAT - AND THAT IS THE DEPT. OF JUSTICE, U. S. ATTORNEYS OFFICE.
ISI
LAWRENCE A. GOTTFRIED, ESQ. RET.
Page 6 of 6