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Minutes 05-19-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, MAY 19, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led Commissioner Ron Weiland. The meeting was called to order at 6:31 p,m. Vice Mayor Hay offered the invocation. The Pledge of Allegiance was led by Commissioner Weiland. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Hay added Discretionary Fund Donation to Boynton Hoops as Consent Agenda, Item VI. L. 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Commissioner Ross seconded the motion that unanimously passed. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross reported she made a presentation on the Old High School to the Florida Trust for Historic Preservation at the Preservation Foundation in Palm Beach. There was much support for saving the Old High School. When she receives the minutes and notes, she will distribute them to the other Commissioners. 1 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Vice Mayor Hay had the opportunity to represent the City at the Rothman Chiropractic event. It was well attended and he had a great time. He also attended the 12th Annual Triufno Awards hosted by the Hispanic Chamber of Commerce of Palm Beach County. The ceremony was held at the Kravis Center. Commissioner Ross thanked the Vice Mayor for attending as she had a family illness and could not attend. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Boynton Veterans' Council Memorial Day Celebration - May 24, 2009 Tom Kaiser, Chair of the Veterans Advisory Commission, was presented the proclamation after it was read by Mayor Taylor. 2. Presentations: a. Presentation by Steve Waldman, Chair of the Education & Youth Advisory Board, of certificates of achievement to the youth volunteers. Steve Waldman, Chair of the Education and Youth Advisory Board, explained the Board administers the Youth Volunteer Bank. Children perform volunteer work and bank their hours. This year they were receiving certificates and gift cards. Mary Morera, Vice Chair of the Education and Youth Advisory Board, explained the youth volunteer in a variety of areas. The program was started in 1998, and to date, the youth have banked over 52,000 hours. They have had almost 600 volunteers over the years. They have also awarded over $20,000, usually in prizes in the form of savings bonds, gift certificates and cash awards. This year there were only 13 volunteers. Some of the volunteers were present and were recognized. c. Presentation by the Education & Youth Advisory Board of the annual "Bob Borovy Student Citizen of the Year" award. (Heard out of Order.) 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Mr. Waldman advised he was honored to serve on the Board and he recognized other members in attendance. He recounted the work and generosity provided by Bob Borovy. Emily Borovy was present to help present two cash awards. Ms. Cassandra Rosa received a $300 award for her work with low functioning children, Samantha Lee Rivera received a $1,000 award. Mr. Waldman thanked the Commission for the support they have given the Board. He also thanked Sherri Claude for her dedication and efficiency. b. Presentation by Thomas Kaiser of the proposed monument design commemorating the "USS Arizona-Pearl Harbor, Hawaii" to be funded by the Boynton Veterans' Council and placed at Bicentennial Park Mr. Kaiser thanked the Commission for agreeing to accept a Veterans Memorial from the Veterans Council two years ago. Last year, they added a submarine monument and then added the Four Chaplains Memorial. This year, he offered the City Commission a monument commemorating the soldiers who perished at Pearl Harbor. A second monument would also be installed commemorating World War I, honoring the Lost Battalion. Mr, Kaiser advised they would like to put the City Emblem in the middle of the ll-foot monument. The cost of the monument would be borne entirely by the Veterans. Mr. Kaiser advised they would like to dedicate both monuments by December 7, 2009 or by April 10, 2010 at the latest. The Veterans in attendance were introduced and Mr. Kaiser urged all to visit the Veterans Park. When the monuments are installed, the Veterans intend to offer tours to school children. Motion Vice Mayor Hay moved to approve the placement of the two monuments at Bicentennial Park. Commissioner Ross seconded the motion that passed unanimously. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> DeMaris Oliver, 619 W. Ocean Avenue, spoke about public programs for the youth. She delivered 137 signatures in support of keeping programs, afterschool activities and hours intact. She advised she would continue collecting signatures. Sharon Taylor, 2 Via De Casas Sur #102, advised she was a homeowner who received funds from the SHIP program and her home was for sale as a short sale. Her realtor attempted to speak with staff regarding how to handle the matter. The bank would work with her, but she was unsure how to. handle the SHIP mortgage. She advised she has had a significant loss of income. Mayor Taylor advised she should speak with Octavia Sherrod. Jim Cherof, City Attorney, advised he spoke with Ms. Taylor's realtor on two occasions concerning two proposals she had made. The first proposal dealt with the realtor's commission 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 and the second was to subordinate the City's interest to the next mortgage on the property. After discussion with staff, a decision was made not to do either proposal. Octavia Sherrod, Community Development Manager, concurred with the decision made. The investment in the property was $75,000. Staff was hesitant to take such a loss because of the transaction, SHIP funds have not been re-appropriated by the Legislature. The City was looking to see what they could gain out of the deal to reinvest in the community. Yvonne Westerman, Realtor, indicated the issue was the State Florida Housing Agency was cooperating with SHIP Loans and short sales. They would accept $1,000 if it was Fannie Mae and take $2,500 if it was not Fannie Mae. That issue was what she approached Attorney Cherof about, as she had not heard back from staff. Ms. Sherrod indicated no information was ever provided to her regarding the transaction being discussed with Florida Housing. Ultimately, it was up to the City Commission to make the policy decision. Attorney Cherof recommended if the transaction has changed, or was not properly expressed, he suggested they write a proposal to the Commission. Ms. Taylor had a proposal which they submitted to the Recording Secretary. Herb Suss, 1711 Wood Fern, advised he was a volunteer for the Fire Department at Bethesda Hospital. He received an EKG, and the information was provided to the hospital en route through state of the art equipment. He urged all to become a member of the CERT Team with hurricane season approaching. He gave kudos to the firefighters and paramedics. He also praised Steve Waldman for his work on the Education and Youth Advisory Board. He suggested individuals volunteer at Galaxy Elementary School and that he was proud of the Veterans and the City. Victor Norfus, 261 N, Palm Drive, discussed a newspaper article about Sara Sims Cemetery and the lack of information about the people whom various facilities and parks were named after. He noted the Recreation Department should provide information as the individuals contributed a lot to the City and there was no source of information available. Mayor Taylor inquired if anyone in the audience wanted to speak about the Bait and Tackle Shop as he had received calls about it. Daniel Chateaux, 628 SW 4th Avenue, spoke about a matter unrelated to the agenda; however, the meeting was not the forum for that issue. Mr, Chateaux was escorted out of the meeting, Andre St. Juste, .925 Greenbriar Drive, indicated he has issues that occurred in Boynton Beach. He came to Boynton Beach to improve the City, himself and help other people, which he has been doing.. He was being destroyed and everything he worked for taken away. He left documents and photographs to be reviewed and requested he be contacted. No one else coming forward, Mayor Taylor closed the Public Audience. 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 v. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Mayor Taylor Arts Commission I Weiland Bldg. Bd of Adj & Appeals Mayor Taylor Bldg. Bd of Adj & Appeals 1 Weiland Cemetery Board Mayor Taylor Cemetery Board IV Ross Code Compliance Board I Weiland Education & Youth Advisory Board IV Ross Education & Youth Advisory Board Mayor Taylor Education & Youth Advisory Board I Weiland Senior Advisory Bd II Hay Senior Advisory Bd Length of Term Expiration Date Reg 3 yr term to 12/11 Alt 1 yr term to 12/09 Alt 1 yr term to 12/09 Tabled (2) Reg 3 yr term to 12/09 Alt 1 yr term to 12/09 Tabled (3) Alt 1 yr term to 12/09 Tabled (3) Reg 2 yr term to 12/09 Alt 1 yr term to 12/09 Tabled (2) Stu NfV 1 yr term to 12/09 Tabled (2) Alt 1 yr term to 12/09 Tabled (2) Alt 1 yr term to 12/09 Tabled (2) Motion Mayor Taylor moved to appoint Sherrie Tenbergen as a Regular Member of the Arts Commission. Commissioner Weiland seconded the motion that unanimously passed. Commissioner Rodriguez inquired if the Alternate members were reflected on the information and advised there was an existing Alternate waiting to be moved up to a Regular position. He inquired if that person should be given first consideration, Mayor Taylor noted Ms. Tenbergen was previously on the Board. Judith Pyle, Deputy City Clerk, responded Alternates are not listed for the appointment unless they ask to be moved up. Motion Commissioner Rodriguez moved to list the Alternates when there was an opening. Mayor Taylor noted updated membership lists are routinely provided. Commissioner Ross noted she tried to address the issue months ago, and thought the information should be listed. Commissioner Ross seconded the motion that passed 4-1 (Mayor Tay/or dissenting.) 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Motion Commissioner Weiland moved to table the remaining appointments. Vice Mayor Hay seconded the motion that unanimously passed. 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 - May 5, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award a contract to HDR Engineering, Inc. of Tampa, FL, RFP #034- 1210-09jOD "Annual Contract for Real Estate Administrator" to be utilized on an "as needed" basis to facilitate land acquisition, relocation and property management. (Proposed Resolution R09-074) Commissioner Weiland pulled this item. 2. Approve the "TWO YEAR BID FOR HYDRAULIC CYLINDERS AND VALVES, PARTS AND REPAIRS", Bid #042-1412-09/JA, to Construction Hydraulics of Lake Worth, Florida, for an estimated expenditure of $35,000. C. Resolutions 1. Proposed Resolution No. R09-075 RE: Approving and authorizing execution of an Interlocal Agreement (ILA) as a prerequisite to the voluntary annexation of the Palm Beach Memorial Park and Sam's Club properties, 2, Proposed Resolution No. R09-076 RE: Approving and authorizing execution of an Agreement with Workforce Alliance, Inc. to participate in the Workforce Investment Act Eligible Youth and Adult Participants program funded by the America Recovery and Reinvestment Act of 2009 (ARRA). Vice Mayor Hay pulled this item. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 3. Proposed Resolution No. R09-077 RE: Approving the assessment of the cost of nuisance abatement on properties within the City of Boynton Beach. 4. Proposed Resolution No. R09-078 RE: . Approving and authorizing execution of an Interlocal Agreement between Palm Beach County (PBC) and the City of Boynton Beach for participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool, Vice Mayor Hay pulled this item. 5. Re-adoption of Resolution 09-064 RE: Adopting the State Housing Initiatives Partnership Program Local Housing Assistance Plan for Fiscal Years 2009/10, 2010/11 and 2011/12, originally adopted on April 21, 2009, to add the phrase "as well as insuring that said changes are consistent with all prior year changes" which is required by the monitor for the State. 6. Proposed Resolution No. R09-079 RE: Approving Frequency Reconfiguration Agreement between the City of Boynton Beach and Nextel South Corp. and to approve the purchase of new portable radios for use by police, fire/rescue and local government Commissioner Weiland pulled this item, D. Authorize the use of $850 from Commissioner Rodriguez's Community Investment Funds for the Woman's Club. E, Approve the return of both the "off-site" and "on-site" work bonding on THE ESTATES AT HERITAGE CLUB, PUD, REPLAT NO.1, as recorded in Plat Book 109, Pages 160 &161, Public Records of Palm Beach County. Commissioner Weiland pulled this item. F. Accept the written report to Commission of purchases over $10,000 for the month of April 2009. G. Report from Recreation on Facility Use by Outside Groups. Commissioner Weiland pulled this item. H. Take Home Vehicle Update Commissioner Weiland pulled this item. 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 1. Status report on location of existing churches on secondary roadways. Vice Mayor Hay pulled this item. J. Recreation and Parks updated CIP Project list. Commissioner Ross pulled this item. K. Approve staff's recommendation regarding the Community Development Block Grant Substantial Amendment to its FY 08/09 Community Development Block Grant Annual Action Plan L. Discretionary Fund Donation to Boynton Hoops by Vice Mayor Hay. Vice Mayor Hay pulled this item for discussion. Motion Vice Mayor Hay moved to approve the Consent Agenda less the items pulled, Commissioner Ross seconded the motion that unanimously passed. V1.B.1. Award a contract to HDR Engineering, Inc. of Tampa, FL, RFP #034-121O-09/0D "Annual Contract for Real Estate Administrator" to be utilized on an "as needed" basis to facilitate land acquisition, relocation and property management. (Proposed Resolution R09-074) Commissioner Weiland requested staff explain why they want the item to be approved. Quintus Greene, Development Director, responded it was the reestablishment of a contract they had with different real estate administration firms over the last several years. Each contract was an annual contract. From time to time they need to have property appraised. In the Heart of Boynton they acquire properties on an opportunity basis. The Utilities Department was also looking to acquire properties to address flood issues that have occurred in the City, Commissioner Weiland indicated he researched the issue and did not believe they approved a contract in the past, and that the matters were always handled in-house. Mr, Greene explained this would be the third real estate administration firm they have retained since he has been with the City. Commissioner Weiland felt the current situation and budget did not allow contracting out the services when it was his understanding they were handled in-house; also, the information he had did not reflect the cost, only that funds expended would be deducted from the department needing the service. He understood the City Manager could approve items under $10,000 without the Commission approval and he wondered how much money the service would amount to over the course of the year, It was unknown how many transactions would be needed. 8 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Mr. Bressner recommended the item be tabled and he would provide the information. Commissioner Rodriguez inquired if this firm would be the same firm they would use for foreclosure buys and rehabilitations. It was his understanding the matter would be put out for bid, Mr. Greene explained it could be. Mr. Bressner explained the scope of service for the project was developed, but the specific action by a real estate consultant had not been selected. Commissioner Rodriguez commented an RFP was issued using federal funds to purchase foreclosures and the responses were due April 5, 2009. Commissioner Rodriguez wanted to see how it interfaced with this program and if it did, there would be separate firms doing the same thing. Mr. Bressner explained if that was a separate RFP, there would be one firm doing foreclosure work and the other would provide general land acquisition services for the Utilities Department, Recreation Department, Public Works, etc. It was possible there would be two separate contracts. This RFP was due tv1arch 11, 2009. Commissioner Rodriguez requested follow-up information be provided. Motion Commissioner Weiland moved to table. The motion passed unanimously. VI.C.2. Proposed Resolution No. R09-076 RE: Approving and authorizing execution of an Agreement with Workforce Alliance, Inc. to participate. in the Workforce Investment Act Eligible Youth and Adult Participants program funded by the America Recovery and Reinvestment Act of 2009 (ARRA). Vice Mayor Hay indicated the proposal was an excellent opportunity to put youth to work and he inquired how many youth would Qe participating in the program. Sharyn Goebelt, Human Resources Director, responded Recreation and Parks, the City Clerk's Office, Human Resources, the library, ITS, and the links Golf Course had expressed an interest in the program. They did not know how many youth would be provided. The program was new and part of the stimulus program. Commissioner Rodriguez !eft the dais at 7:25 p.m. Don Scantlan, an -employee of Workforce Alliance, indicated golf courses were prohibited, The number of youth who would participate depended on the number of youth that would apply. The program has a selection process and the City was being asked to participate as an employer. As an employer, they would enter a job description in which they would like to have an individual participate. In a separate action, 18-24 year-old individuals can go to the PBC Alliance.com website and submit applications. There are program restrictions and three of them are you cannot work at a casino, golf course, or a pool. Commissioner Rodriguez returned to the dais at 7:26 p.m. 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Ads for the program were aired, and there may be ads on Channel 25 or Channel 5. Mr. Bressner indicated the City would advertise the program on BBTV, Channel 18. Mr. Scantlan added they were running ads in the newspaper and he suggested interested parties visit the website. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion that passed unanimously. VI.C.4. Proposed Resolution No. R09-078 RE: Approving and authorizing execution of an Interlocal Agreement between Palm Beach County (PBC) and the City of Boynton Beach for participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. Vice Mayor Hay inquired if there was an age limit for the program. Wally Majors, Recreation and Parks Director, responded the agreement did not indicate there was an age restriction. The intent was to ensure as many residents as possible learned how to swim and the funding agreement allowed all individuals to be eligible. He responded they can accept participants as young as two years old; however, it was a question the pool supervisor could answer better. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion that unanimously passed. VI.C.6. Proposed Resolution No. R09-079 RE: Approving Frequency Reconfiguration Agreement between the City of Boynton Beach and Nextel Sou~h Corp. and to approve the purchase of new portable radios for use by police, fire/rescue and local government. Commissioner Weiland inquired about the 1250 account being used to purchase equipment only for the Police Department. He inquired how much money was in the account, how often the account was used and for what purpose. Matt Immler, Police Chief, explained statutorily, the account could only be used for police automation. The Attorney General interpreted the automation as police computer software, hardware and radios. The Police Department obtained an Edward Byrne grant, formerly referred to as the JAG grant, which is based on crime, crime statistics and the number of residents in the City. They received preliminary approval for that grant which would cover the expense, leaving the 1250 fund intact or to be used for something else. The 1250 funds are accumulated through tickets issued by Boynton Beach Police. When a fine is due, $12.50 goes to the County to fund their participation in a radio system. If they did not use all of it, it is rebated back to the City. Every December, 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 they formally ask for the unused monies to be rebated to the City. Over the years, the funds were barely used. There presently was about $500,000 in the fund. Motion Commissioner Weiland moved to approve, Vice Mayor Hay seconded the motion that unanimously passed. VI.E. Approve the return of both the "off-site" and "on-site" work bonding on THE ESTATES AT HERITAGE CLUB, PUD, REPLAT NO.1, as recorded in Plat Book 109, Pages 160 &161, Public Records of Palm Beach County. Commissioner Weiland explained he was not clear on this item. The developer was requesting the surety bonds be refunded but the information indicated the City responded on February 9, 2009 that the site was partially installed with underground utilities and ground improvements. The proposed clubhouse was also partially constructed. He inquired what would happen with the clubhouse as Commissioner Weiland indicated that was the reason why there are surety bonds, Attorney Cherof indicated he would have to research it. Jeff Livergood, Director of Public Works and Engineering, explained when they collect sureties, they collect them for the improvements that would be utilized by the public, which were typically roadways, watermains and utility infrastructure both on and off site, so they could guarantee that when the residents move in, they can expect public services. There is surety on file so they can complete the last portion of roadway or utility. The situation was unique. He was unaware of a time when a clubhouse was half constructed and the developer decided they would not complete the work. The City collects sureties only for the public infrastructure, not the private facilities, The developer was asking for the return of the surety. In return, the City requested the site be fenced and it be safe to the public. It may also be a Code issue that is handled separately, Attorney Cherof indicated the surety is pledged for a specific purpose and it was not able to be transferred to another use. Eventually, it could become a Code issue or a derelict property issue, in which case the Building Official could take action to condemn the building Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion that unanimously passed, VI.G. Report from Recreation on Facility Use by Outside Groups. Commissioner Weiland requested further information on the item. There were six organizations that received a fee waiver. The information gave an annual rate and revenue generated to date for different facilities. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Mr. Bressner explained there would be no revenues from the organization receiving fee waivers, as they were in-kind services. The revenues were from organizations that used the facility and paid for them, The Boynton Camera Club, Boynton Fishing Club, Coast Guard Auxilliary, and the Juvenile Transition Center receive in-kind services. This allows the applicant to compete for and receive grants from other organizations. Commissioner Weiland inquired, considering the budget deficit, whether the City, should consider continuing offering the in-kind services. Commissioner Rodriguez indicated in-kind support is a requirement for the Youth Violence Prevention Program grant funding. The was no requirement for the other organizations to receive the waiver and he was unaware of those organizations receiving grant funding. Commissioner Weiland noted some of the organizations were truly non-profit and some had well paid positions, even though they are a 501(c)(3). He suggested taking a hard look at offering in-kind rent or utilities. Mayor Taylor suggested discussing the issue during the budget. Mr. Bressner also indicated they would notify all the organizations and advise them the matter was subject to review by the Commission, and they may need to provide additional documentation or reauthorize all or some of them. Motion Commissioner Weiland moved to approve facility uses by outside groups. Vice Mayor Hay seconded the motion that unanimously passed. VI.H. Take Home Vehicle Update Commissioner Weiland noted this item was discussed this year and last. There is a total of 129 take home vehicles; 48 that are inside the City limits and 81 outside the City limits. A charge of $20 per pay period for take home vehicles outside of the City limits would generate $42,000 annually, He noted Commissioner Rodriguez would like to provide something as an incentive for employees to live within City limits. At $25 per pay period for each of the take home vehicles, it would generate closer to $100,000. Commissioner Weiland believed when the Commission approved the four-day work week, they had the understanding the four-day work week would affect more than 144 people and it would save $150,000, The four-day work week would not save that much money. He thought the charge for take-home vehicles could be increased to generate more money because it was of value to the employee. Mayor Taylor noted some employees are on call and he was not in favor of tapping into employees' incomes. They were also working on no further increases. Commissioner Weiland commented Palm Beach County Sheriff and the State Highway Patrol have charges associated with the vehicle, Commissioner Rodriguez suggested accepting the report and discussing the issue during the budget process. 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Motion Commissioner Weila'nd moved to accept the report, Vice Mayor Hay seconded the motion that passed unanimously. VI.L Status report on location of existing churches on secondary roadways. Vice Mayor Hay was glad the Code was being reexamined as it pertained to churches, He noted many of them were built as neighborhood churches. If a hurricane occurred, the churches would not be able to rebuild because in order to rebuild the churches, you must be on a major roadway and have. a certain amount of footage. He expressed those churches should be grandfathered in. The matter would be heard by the Planning and Development Board on June 23, 2009. He encouraged all to attend the meeting. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion that unanimously passed, VI.J. Recreation and Parks updated CIP Project list. Commissioner Ross requested the Recreation and Parks Board provide the City Commission with a priority list of their park projects. She indicated the list was long and the projects would be examined in the near future. The list of projects was updated, but not prioritized. Motion Commissioner Ross moved the Recreation and Parks Board review the list and update it with a priority list of projects for the Commission to consider. Commissioner Rodriguez seconded the motion that unanimously passed, VLL. Discretionary Fund Donation to Boynton Hoops by Vice Mayor Hay, Vice Mayor Hay advised this organization does great work with youth. He received a letter, which he distributed, and advised they were headed to the State Basketball Championship in Lakeland Florida. He wished to donate $1,000 to them and hoped other Commissioners would join in. Discussion followed. The organization is supposed to be a non-profit organization in Florida. Mr. Bressner indicated they could approve the donation subject to verification of the organization's status. Commissioner Weiland cautioned donations could only be used for certain items and not others, Motion Vice Mayor Hay moved to donate $1,000 subject to verification by the City Manager. Commissioner Ross seconded the motion that unanimously passed. 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Mayor Taylor requested the verification be provided to the Commission before the next meeting. VI.K. Approve staff's recommendation regarding the Community Development Block Grant Substantial Amendment to its FY 08/09 Community Development Block Grant Annual Action Plan Commissioner Ross discussed Item K and advised $142,780 was coming from HUD through the Stimulus Act for increased energy savings for homeowners and it would allow for retrofitting. As she was the "Green" Commissioner, she thought it was important and wonderful the City was receiving funding. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered the oath to all who would be testifying. He advised if there were records someone wanted to add, they should be identified and given to the Clerk. A, Project: Agent: Owner: Location: Description: Ocean 95 Exchange Plaza (SPTE 09-005) Michael C. DeSimone Michael C. DeSimone 514-518 West Ocean Avenue Request for a one-year time extension for a New Site Plan (NWSP 06-020) approved on October 17, 2006, thereby extending site plan approval from February 23, 2009 to February 23, 2010. Kathleen Zeitler, City Planner, presented the request. The property owner was requesting the first one-year time extension. The extension would allow the owner additional time to secure a building permit. The property was 6.77 acres located south of W. Ocean Avenue between the railroad tracks and I-95. The site plan approval was for a total of 134,000 square feet of light industrial flex space consisting of an office/warehouse use with a truck access along W. Ocean Drive to the site. Alternate access routes have been explored by the City, The applicant's justification for the request were the current economic conditions, and he remained committed to the development of the project in the future. Staff recommended approval of the request. The Planning and Development Board recommended approval subject to the condition that the developer seriously explore the southern alternate access route. Attorney Cherof noted Planning and Zoning recommended condition number 2 pertaining to a build-out date and updated traffic approval letter. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Michael DeSimone, owner of the property, indicated he planned the site and was looking for an extension due to the economi<:: conditions. The conditions imposed were acceptable and he would explore the southern route. His attorney had advised him in regard to the southern route, he would have to provide an easement to the owner of the former Bulldog Fence property and provide insurance. He was open to suggestions, Mayor Taylor polled the audience who were for and against the project. As there were many against the project, Mayor Taylor announced he felt the project would not be built and the extension was more to have time to sell it. The City does not have the funds to develop a southern route. He' acknowledged while the City has approved other extensions, they did not impact the neighborhood like this one did as it impacted two major neighborhoods and there were safety issues. He indicated he would not support the request. Motion Commissioner Rodriguez moved to deny the request. Vice Mayor Hay seconded the motion that unanimously passed. IX. CITY MANAGER'S REPORT: A. Recommendation to proceed with the implementation of the 501(c)(3) .rlot-for- profit foundation (Foundation) through a contract with Waters Pelton Organization, Inc. Lori LaVerriere, Assistant City Manager, indicated the item was placed on the agenda for the City Commission to reconfirm their desire to move forward with the Foundation. Last month the City Commission approved the contract with Waters Pelton Organization as a result of the RFP. The topic was aligned with the Congress Avenue Barrier Free Playground but the Foundation was a separate issue. Although the park was the initial focus project of the Foundation, the City could identify other projects in case that one does not move forward. She indicated the contract is signed and could be terminated. Mayor Taylor was in favor of moving forward with it in light of the current economic times. Commissioner Ross concurred. Commissioner Rodriguez inquired if it would affect the 2009/2010 budget, and believed it may provide a benefit in the 2010/2011 budget but it was hard to tell. The seed funding this fiscal year is $72,000. It was anticipated it would take a year to get the project up and running and get the Board together. The organization would be independent and the projects would be prioritized within the organization and outside of the Commission. It was expected to take about six months before the Commission would know what the projects were and the monies that would be sought for them. A Steering Committee would be established and trained first. It was noted the current contract gave about a one-year outline to accomplish the task. Motion 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Commissioner Ross moved to continue to implement the 501(c)(3) not-for-profit foundation through a contract with the Waters Pelton Organization, Vice Mayor Hay seconded the motion that unanimously passed. B. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09jJA to Ocean Gate General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of 10% in the amount of $192,500 for a total expenditure of $2,117,500f501(c)(3) Discussion (Proposed Resolution No. R09-073) (Tabled on May 5, 2009) Mr. Bressner reported at the last meeting, the bid was tabled and advised the contractor was able to hold the price until August 31, 2009 which was when the lines crossed as it pertained to grant fund availability. That would give the Commission the opportunity to evaluate whether they wanted to move forward to complete their priority listing. The information was needed by July 1, 2009. Motion Commissioner Weiland moved to table the item to the Budget Workshop. Commissioner Ross seconded the motion that unanimously passed. X. FUTURE AGENDA ITEMS: A. Contract Award Recommendation for design of MeadowsfNautica Park - June 2, 2009. B. Follow-up report for discussion on individual water meters for the Crossings - June 2, 2009. C. Continued Discussion on 2010 General Fund Budget Policy Items - June 2, 2009 D. Staff is continuing to update the 2007 Program Analysis and Span of Control report. Staff will conclude its review and be prepared to make recommendations at the June 16, 2009 Commission Meeting. XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Vice Mayor Hay rephrased the last portion of his suggestion to the modification to Option 2, to "the majority, or as much as 'possible, the Community Redevelopment Agency district is represented well." Mayor Taylor agreed the Board should return to an independent Board, but he was concerned with the timing. He was impressed with the Community Committee and what they brought back to the Board, as it provided guidance, but felt the new Commission should make that move. He felt they should act on the recommendations of the Community Committee. Commissioner Weiland wanted to see the Board transcend into an independent Board. The Commission was not happy with actions the prior Community Redevelopment Agency Board took. To date, procedures or terminology have not been developed to ensure that does not happen again. Without making the changes first, a new Board could cross the same bridge again. He urged moving slowly and thoroughly reviewing the authority of the Community Redevelopment Agency Board. Vice Mayor Hay reiterated he supported immediately starting the process. Commissioner Weiland explained he discussed it with the City/CRA attorney that they did not discuss the possibilities. Over the next few months, his top priority was the budget and then take the steps to have the transition made, Starting the process in August or September would still leave plenty of time. Commissioner Ross indicated last November she moved to go to an independent Board and then she ended up suggesting adding two members. Now the issue was being revisited. She would rather see them go to an independent Board of seven members rather than just adding two, but she acknowledged there was a timing issue. Commissioner Weiland indicated the item was to add two members or not. Commissioner Rodriguez recalled the lack of Commission support when he motioned to add two members. Now everyone is considering whether it is the right thing. It was unfortunate that the Commission was setting up the community again, telling them they would do it and potentially not. Motion Commissioner Rodriguez moved to approve the ordinance and immediately add two additional members. Commissioner Rodriguez clarified they could, in the future, consider removing all of the Commission. The motion died for lack of a second. Commissioner Weiland explained he said two weeks ago he was taking Commissioner Rodriguez's suggestion a step further. 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 1. Proposed Ordinance No. 09-024 RE: Amending Part III, "Land Development Regulations", Chapter 1, Article VIII, to add a new Section 4 "Expedited Development Review Program". Attorney Cherof read Proposed Ordinance No. 09-024 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-024. Commissioner Weiland seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 09-025 RE: Amending the City of Boynton Beach Code of Ordinances to add two (2) additional members to the CRA Board, Attorney Cherof read Proposed Ordinance No, 09-025 by title only on first reading. Mayor Taylor asked for comments. Vice Mayor Hay noted there were three options, He thanked Commissioner Rodriguez for his request to expand the Community Redevelopment Agency by two members who are residents within the Community Redevelopment Agency District. He also thanked Commissioner Weiland for suggesting the idea of transitioning the Community Redevelopment Agency Board b~ginning after the first of the year. He indicated he and Commissioner Ross had recommended an independent Community Redevelopment Agency Board in the past and it made more sense to move ahead with doing so now. He thought they should take advantage of a slow economy and think long term. He thought if they started replacing all the members now, it would provide Ms. Bright, Executive Director of the Community Redevelopment Agen(y, the opportunity to train all the members together. He recommended a modification to Option 2, to read that they immediately begin a process that would replace the current five-member Community Redevelopment Agency Board with a new seven-member Board consisting of residents within the area of operation of the Agency. There was discussion the members would come from the Community Redevelopment area. Attorney Cherof explained the statute adds the clause, "which shall be coterminus with the area of operation of the City." He explained everyone that lives, owns or operates a business within the City was eligible for appointment. The membership was up to the City Commission, but eligibility was Citywide. 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Commissioner Rodriguez responded Commissioner Weiland's comments were it was a good starting point, and at the end of the year, there would be a mix of Commissioners with the community and then slowly transition the Commission out and have a fuli community Board. Commissioner Ross explained last November she attempted to institute a seven-member independent Board because the residents appealed to her, and the motion failed. The issue went to adding two people and it failed. She indicated she has not been approached by the community on either direction, She thought more clarity from the community was needed. Last November, she was approached with the wishes from the community that they have a full seven-member Board. Motion Vice Mayor Hay moved to proceed with a seven-member Board in a timely fashion. This means whatever legal has to research, the motion is to move in the direction of a seven-member Board. Vice Mayor Hay inquired what the conversation between Legal and Commissioner Weiland was about and what the issue at hand was. Commissioner Weiland reiterated the City Commission was not happy with the direction the former Community Redevelopment Agency Board took. Vice Mayor Hay reiterated his motion. Attorney Cherof explained the current ordinance cannot be modified because changing the Ordinance to accommodate the discussion changed the substance of it and the title. To change the title, you have to begin the process again. Mayor Taylor inquired if Vice Mayor Hay would amend his motion to reflect they would move to a seven-member independent Board no later than the election in March. Vice Mayor Hay thought that was too long, but was amenable to instituting the Board by the end of the calendar year. He indicated it did not mean they had to wait until then to get it done. They could move ahead the next day, Commissioner Rodriguez indicated if that was what was wanted, they should ask the City Attorney to prepare an Ordinance to move it forward for a seven-member Board, Attorney Cherof explained if he is directed to move ahead and prepare an Ordinance for a seven-member Board, it would be ready for first reading at the next Commission meeting. Motion Vice Mayor Hay explained then that was what he moves. Commissioner Ross seconded the motion. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 Mayor Taylor opened the floor for comments. Lee Wische indicated you can have a motion to approve a new Board of seven members. It would be handled similarly to a developer RFP - it is a request for a job. That process would take a couple of months. The City Manager would select individuals, and the list would be narrowed down. It shows the residents they are getting seven members. Mark Karageorge, 240A Main Boulevard, agreed with Mr. Wische, and indicated there needs to be oversight so the same mistakes would not be made again. There are qualified citizens capable of serving on the Board and the Commission should pick the right people and narrow the list and serve the residents. The individuals should understand the Sunshine Law, and their fiduciary responsibilities. He wanted the process to be the Commission reviews all the names submitted, based on qualifications and areas of expertise in development, community and real estate as well as business. Topics would be revitalization, affordable housing, business development and retention, and eliminating blight. He urged the Commission to pick the right individuals, Buck Buchanan, 807 Ocean Inlet Drive, Chairman of the Board of the Greater Boynton Beach Chamber of Commerce and Past President of INCA, indicated both organizations were on record as supporting an independent Board. He agreed there was a timing issue and suggested following a thoughtful procedure, and creating a deadline, perhaps in October. The Community Redevelopment Agency staff should have the opportunity to work with the Board and train them so they would understand the Community Redevelopment Agency operations. He was a member of the Heart of Boynton Committee and wanted to see those plans followed, since getting problems solved helps development follow more easily, as would ensuring the new Board is trained and up to speed. There were short and long-term actions that can improve situations in the HOB now that could be done quickly and movement could start. He indicated if the Commission takes the path he was suggesting, a qualified Board could be in tune with the overall goals of the City and Community Redevelopment Agency and be trained and fully functioning by the first of the year. Victor Norfus, 261 N. Palm Drive, thanked Commissioner Ross when she bought it up. He thanked Commissioners Rodriguez and Weiland and indicated Commissioner Weiland said he would add two members. He explained the prior Board had not drawn up the issues and then tried to address them so they would not resurface. With more members, they would have to start somewhere. Setting a speCific timetable for appointments should be for two members and not the full Board. The community responses that came from the Committee were from all over the City and some of the individuals on the Committee could be added to the Board. The Community Redevelopment Agency has to be well represented, and he felt it should not be limited to just the Community Redevelopment Agency area. Herb Suss, 1711 Woodfern Drive, felt the original motion to add two members was a way to eliminate the present Community Redevelopment Agency staff. He agreed with the Mayor. A new Commission is coming in and they should have a chance to select their own people and new people. He suggested not rushing the issue as there was the budget pending which should take precedence, As to having an independent Board, many people would apply across the 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 City. It should be from the Community Redevelopment Agency district but they were all citizens and it should be across the City. Commissioner Ross left the dais at 8:38 p.m. He indicated Community Redevelopment Agency staff can train new Board members at a later date, He suggested waiting until after the end of the year and keeping the staff. Vice Mayor Hay repeated the motion to start the process to replace the Board with seven new members as soon as possible and direct the City Attorney to prepare an Ordinance. That would be at the next meeting. Commissioner Ross returned to the dais at 8:40 p.m. Attorney Cherof explained the process would be a first reading of the Ordinance at the next meeting, second reading at the meeting following that. When the Ordinance is passed, then they appoint members to the Board, He would need to know between the first and second reading the effective date of the change. Vice Mayor Hay indicated they have not discussed the process to appoint someone to the Board, but everyone should be reviewed equally and fairly. Attorney Cherof indicated other than the requirements they live or work within the City, the City Commission was free to decide what their qualifications would be. Commissioner Weiland indicated the City Attorney would draft the steps that need to be taken to ensure they do not have the same problems they had in the past. Discussion followed it was the Community Redevelopment Agency Board's responsibility to secure principles of the agency and they did that. Commissioner Weiland reiterated the importance of developing the authority parameters of the Community Redevelopment Agency Board, Vote The motion unanimously passed. D. Resolutions: None. E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: 21 Meeting Minutes Regular City Commission Boynton Beach, FL May 19, 2009 There being no further business to discuss, Mayor Taylor properly adjourned the meeting at 8:45 p.m. CITY OF BOYNTON BEACH ....-.- ..,r"~ ATTEST: Fry Ta r, or t/ ~~()~~ ~~ Ronald Weiland, Commissioner -- .~ }~ .~~../~ Marlene Ross, Commissioner &.tr<thJfjJJ ~ hldlf Catherine Cherry . Recording Secretary 22 Sharon Taylor 2 Via De Casas Sur#102 Boynton Beach, FL 33426 Re: Request for City of Boynton Beach to participate in the Short Sale of my home. To whom it may concern: This is letter is to request your cooperation to help me avoid foreclosure I recently listed my home for sale with Keller Williams Realty. I am unable to continue to pay my mortgage. I have exhausted all of my savings, 401k and favors from family. I have a second mortgage on my home/apartment that is a SHIP loan. ---------~---------~-- --_.._--.-- ~-- -~--- -~ ~~---_._- - ..,.-------~-~_...,'--_._--_.- -- .-- ---~-------- --.--..--- On 4/6/2009 my realtor contacted the Brenda Cornelius to inform the housing office of the listing and the hardship. Brenda stated this had not come up yet. She stated she would need to forward this on to Octavia Sherrod and have her get back with my realtor. On 4/13/2009 my realtor called back as she had not heard from anyone in the housing department as yet. She was given the same as on this day. We then contacted the city attorney's office as we were told the decision would come from this office. Attorney Jim Cherof stated on 4/15/2009 he would need to get back with us. As of 4/23/2009 we had still not heard from Atty Cherof. We called back and were given a return call on 4/27/2009 to say the commission is not interested in cooperating. We then specifically asked "they would whether me go into foreclosure". Answer YES I am a single mom of 3 and a grandchild that I care for who has lost a substantial amount of income. My condo fees have doubled in the last 1 X years. I would like to not have a foreclosure on my record. The bank is willing to cooperate; however, we need your help. Please see my hardship letter attached, my financial worksheet, my loss of income, the lien from the condo association. -- ------.lfYoITIi-ave-aiiyquesliorlsab-ounnissnorBale-preasecor1facTmYselror-m'Frea-lfo-r.af561~T4~ 571r-------------------- I' Sharon A Taylor . armFlEO DISTRESSED PROPERTY EXPEll:r COPE HOMEOWNER FINANCIAL WORKSHEET Co-Borrower Name 2nd Loan Number INCOME.. TAKE HOME PAY ........................................ ............................. : yr.i.1!.l9ryJ().~.. i Misc.lncome Overtime ...................................................................................'" ....p..~.~..Ti.I!.l.~J..'?~.(r.1.~!L.. i...~.~.!.iE~r.:T.1.~'::l!~~.i.l.i!~ry_.. ..~~!.i.r.~r.:T.1.~.'::l~.~f.i."..i.I..:?~rv . :?.l;lpp().r:!!.A.'.i!!.l().t:ly. . :::..:-.:=~~-=-==--;.::?q~~~~?..~~~.~!~y..::.::~~::.~..~.:::::=::'~-_. '..R().c:>'!1.?:..~()~..r.9.!.B.E:!.l1t . TQIA~.NIT.JNc::.QM~: .:..::J~~.. (,V How often is Borrower paid? L Every Week How often is Co-Borrower paid? r Every Week ................................... ........................................................................ ..................................,....................................... . TOTAL .m!m.......~....:.~).D...m _..._..~-----,-.._--- -.-----------.-----------.-.-----. .--.:--i.--..-.~~~--.-,...--------------~ _____"-:___.._.____~__ $ r r Every 2 Weeks Every 2 Weeks r Twice A Month ~nce A Month r Twice A Month r Once A Month EXPENSES ........... .................... .................................................. .................................... .' ............................ j MONTHLY PAYMENT. BALANCE ....,.h..u~JT.T:...(5.i5uu..... u~C?.f!.1.~.fY.1.()r.~.9.~gt:, ~ j.?D9.~g.r.!g?gE:! h.mmh...h.... .Q- .~.l;l.!.C?Ic:>?r.1..m..hhu 4-<0 ~ . DO J::~i~~ii.~i.~.hh.. . ~()iflSD :...~.r.~9.i!().r.....m...um...hm..h... f7-.3(p. 15D : Creditor 9Sb. OD 1..~~:~;t~~..............mhm::::::::::.:::.. ...... it., ~ j c::.r.~9..i!C?.r. ....mm..... {() . l50 . 1 .. . .-----.-j,.s::U:SUtc:>L~='o=~~..==,~ i i i.__._____ ___h ___ - ------------- ------,$t:@~0.(J.~?~.~~.h:.:.:--.-.-..=J-~8~~<<:-~BO~.:... ~~~c:~:.:~....:~::=::::=:=-==-:..:-==~iiftTC :.~:jjjifiz....~-....:=-: :===:...-~-.------------- J$.b.~~2:;:~:~~~~..:.m..... . iF' . ;hl~?.humu .. hh..m....m r:r . ..~~.J?h.h.m hhum..m l? :.~.I.E:!c::!.r.!c::i.!ymh..h.uu. J ~~D ; j:~~1if:;~0.~r r - '2~~~%~e ............. (~ B~;f~:b~~:~:e I~~~ .fY.1~<:Iic::~I/r::>~'::l!91~)(P:m ~ c;a ...................:~J3~I!.~?~ ; Cf:~dIn. (JIlJJ fh J to ivt) W () (tYV =ro L- : Oil or Natural Gas · tn7-r ml >J17it-t:.-- i Paid directly (not by employer) : Paid directly (no.! by employer) fr...o5IlA' k / _________________...!..orm F, page2.3!~ @ Distressed Property Institute, LLC 2008. All rights reserved. Any duplic~tion without express written consent is prohibited. All COPE forms are provided for informational purposes only. The Distressed Property Institute, LLC assumes no responsibility nor guarantees the accuracy of these forms. It is strongly recommended that agents investigate the specific items necessary to their situation and local and regional laws CERTlAED omessEO PR.OPERTY EXPElO1r CDPE HOMEOWNER FINANCIAL WORKSHEET .......... .........m..............m.......... . Homeowners Insurance ....................m.m.......... ............... ..~.E;!t:l.I~~~i:l~~.:rClX ...~.E;!~.~()'!.ClI..~E()P~.'!y..TCl!<....... : Groceries a sv. ro_~ :J1.;t-~~i.~;t~~;~~ClT~i~9.;.I.~II:?: q~ ~ V .99!.~i.~g ..._ .~ :~g 'P.~.y.~I.'=-.Cl.~.i~g!.~i:l.~.':l.9ry_ :~~~.;~~.;:~ice. i D~CV :.~.9.f!.1.~:~00.~r.~::6:s.?n.:.\?~.t:!.~............ '":):rb' ro :~b~i.r:~~~l;~:;~fJ0.i..~~~:~~! % L5D . " Other Expenses : _ ~ . ==---=-=~Ct9tA~~~qHI.8~4.y.:g~:~g~:~g~~...i~4~~S)-~....~-.:~.. ~; $ $ l.l!ifD.tfD -~ : Only list here if not in Mortgage Payment! . Only Iist.here if not in Mortgage Payment. : Applies only in some States A. Total Monthly Income: B. Total Monthly Expenses: C. Residual Income: Balance in 401 K: Balance in IRA: Cash on Hand: Cash Value of Stocks: 5 Other Valuables to be sold: e:; Other Mics. Assets: .~ I/We have described my/our financial condition in the enclosed Financial Status Report and certify that all information, as well as all Attachments, is true, accurate and correct to the best of my/our knowledge. I/we understand that submission of this information in no way obligates my lender, servicer, Veterans Affairs, FHA! HUD, the investor, the Mortgage Insurers, (Agent) or (BROKERAGE) to provide assistance to me or stop the foreclosure process. I/We hereby authorize my/our lender, servicer, Veterans Affairs, FHA/HUD, the investor or the Mortgage Insurers to 1. Order a credit report from any credit reporting agency. 2. Order a title search from any title agency. 3. Verify the accuracy of the information contained in this Financial Status Report, including without limitation, any current or previous employment information. I/We agree that I/we will notify the AGENT and BROKERAGE mentioned above, my lender, Veterans Affairs, FHA! -. .::o.. C::==CC'.' :.cc:,:::::::::cc:fjOl5,'fheCfnvestor;orineiVIortgagelnsurersTmmearafeIY~1)Tanymatefiar-cnaiige.tn -fne-fjnanaalinf6'rmationtfiat-.=--~=.::::....::.:.:.::.:..-==::. . I/We have provided herein. If I/we fail to do so, or if it is determined that the financial information provided herein has been misrepresented by me, and lender, servicer, Veterans Affairs, FHA/HUD, the investor or the mortgage insurers makes decisions which would not have been made had the true facts been known, then (1) I shall be liable for all costs (fees) incurred or damages suffered by lender, servicer, Veterans Affairs, FHA/HUD, the investor, the mortgage insurers or AGENT and BROKERAGE above and (2) lender, Servicer, Veterans Affairs, FHA/HUD, the investor, the mortgage insurers and/or AGENT shall have the right, in its sole discretion, to terminate any arrangement or agreement that has been extended to me based, in whole or in part, on the ina ur e or incomplete information that I/We have provided. B Co-Borrower Signature Date Print Seller's Name. _____._____. ______.____________._._______._~orm ~~age 2 o!l '@ Distressed Property Institute, LLC 2008. All rights reserved. Any duplication without express written consent is prohibited. All CDPE forms are provided for informational purposes only. The Distressed Property institute, LLC assumes no responsibility nor guarantees the accuracy of these forms. It is strongly recommended that agents investigate the specific items necessary to their situation and local and regional laws 05/07/2009 1~'. >=:, .L. __I l _.5517212893 FAMILIES FIRST PEe PAI3E 02/133 HILLEY & WYANT-CORTEZ, P.A, Attorneys at Law BeD us Highway One, SuIte 108 North Palm Beach, Florida 3:3408-3825 Telephone (561) 627-00091 Facsimile (561) 527-4900 v: Donald Hillo v: Chi,.! WYant-Cortez Victoria]. Morton um:r D. H()~!6 Kurti.r 0, Althouse 11Yan J. 1l5'mte Patricia LaBerze Hartlry May 1, 2009 CERTIFIED RETIJRNED RKCEIPT & Copy I Regular U.S. Mail ~--~-- --~ ---_...!..~-~._-_. Sharon A. Taylor 2 Via De Casas SUf, #102 Boynton Beach, FL 33426 Re: Unit It 02.102 of Sout111ake I Condominium Association, Inc. -. --- ------ ---- ---_..-.._._~_._._---- ,-- ~'--'--~~-- Dear Ms. Taylor::. This office has been retained to file a Claim of Lien for amounts due Southlake I Condominium Association, Inc. Please find enclosed a copy of the Claim of Lien being filed simultaneously herewith. You are being given thirty (30) days from the date of this letter to pay the past due amount in full. To satisfy the Uen, you are required to pay the Lien amount of $3,748.20; late fees in the amount of $50.00; Admin Fees in the amount of $50.00; Interest in the amount of $11 0.41 ~ and legal fees in the amount of $450.00. The total you now owe is $4,408.61. Additional assessments whi(i:h come due after the date of this letter and prior to, receipt of payment in full shall be added to this awount. You may contact this office prior to remitting payment to obtain an updated balance owed. If payment of the amount due is not received within thirty (30) days of the date of this letter, we ~1 institute foreclosure proceedings. Further action, if necessary, will create additional costs to you, including attorney's fees. ::..~--=:..=.===:-====.::.:=_-==:-.W.e-will..expect~our._Pjl-Ym~p.J~~ble to Southlake I Condominium Association, Inc., to be maileirto lliis-Off1ce f6rthwltOin theamoun-rs1iteo.~bove;--.- =-=:===--=::::=:-_:...~~= =.::::-:::-_=~=:-=.=.::==:::.=:=:.:_.::-=--=-=-- Z:~4(J~ cc: Banyan Propfirty Management, Inc. ThIs communlcnrloll, (roth D. debt collector, is till attompt to coll"c! 11 debt and llny Information obtnlned wjJJ be lISed for thaI plll'pO~. 05/07/200'3 1 ~,. 1::"7 .0::... ...11' 5E,17212E:93 . FAt'HUES FIF:-::,T PBC P~~;'ed Bv nnd Relum To: WJJ.L CALLllOX 45 HiUll3' &: WYDntoOlrtcz, P.A. g60USHipMlyOnc,Su;!a JOg NQrth PAlm l'lllll;h, Ft. 33408 CLAIM OF LIEN BEFORE ME. the undersigned authority, per!Ollally appelU'ed Y. Claire WYlll1t-Cortez, Esqui1e, who, oftcr being first duly BWOtn, says that she is the attorney and authorized agent of the Lienor, the Lienor being: SOUTHI..A.KE I CONDOMlNlUM ASSOCtA TION, IN(:,, 11 Florldll corporation, not for profit, SOUTBLAKE I CONDOMnmlM ASSOCIATION, INC. elo Banyan Property Management, IDe. 2328 South Congn:u Avenue. Sldu l-C Weat Palm Beach, ll'L 33406 and in pursullDce of the Dec/lU'atlon of l'rotectlve Cove.nal1tS, Conclitiom nna Rest.rictiona for SOtll'BLAKB I CONDOMINIUM ASSOCIATION, INC, the Lienor haa provided maintenance serviCes and/or is owed monies of which there romolns unpa.ld the. following to wit: Bal. 4th QUII.rtet 200S Asstlssment (due 1011/08): $ 456.00 -:--::lst:Quancr2~02:&~~~4ue-ll1lW):__LJl23.0S 2nd Q\l8rtllr 2009 Assessment (due471709):--'- -$ --S23.0S--- 3'" Qlu!rrer 200g Assessment (due .5/1/09): $ 823.05 411l QWlrler 2009 AS!cssment (due 5flI09): $' 823.05 TOTAL: S 3,748.20* .AS OF.THE DArE OF THB FILJNG OF TInS LIE.N. My payment :rece!ved by an !lS80clation subs~uent to the filins of this lien shall be .applied. first to any intet'ellt 1lCCl'Ued, then to Btly admini8tmtive late:fll~ then to any ClOStS andreaaonable attomeyf, fees Incuaed m c:ollectlo.o. and then to th~ dllIinquent ~ AnypllyIl1ent received by on associll.tion man amoUl1t less than the total' amolUlt then due and owing to the lISBOclatlon &han not \)e eonJIrUec1 as a waiver of any rights the association mil}' bave to coUtlCt the totat amount thm1 dUll and o'l'ring to the association and ght1I1 not affccttbe enfomeahility oftIUs lien for any amounts remaining due, or coming duo In the future, in BXly WIly. In addltl.9l1 to the llD:lount list~ above, this claim aflien llballllecure lIIl unpaid IIllSes.9mc:nt!l that are due IlI1d that may acC:[lIe subsequent to the reaordinS of this c.lafm of l\c:n IlI1d bcfure DOur of a certificate aftitl(\ Il$ waIl as ittterest, 1m charges, ~bJe collt$lU\dattomey's.fees wcurred by the assooiatlon Incident to ilia collectiol1 preCe5$. I.i=tOt dA1t:tts It llen oil the Iolkming desc.t:ib@l!real Pwper1Y aitlllll'ed.in Palm. :BeAcl1 Count" .F1oricim Condominium Unit No. 2-102, SOtmILAKB, A CONDOMlNIUM; acoorcling to the Declmtion ofCalldombUWJl. tberco( as n=rded in Official R.ecotds Book 3899. Page 854, of the Public Reoords of Palm Beach County, Florida, ______._.________ . SOtTI'B1.A1Oli I CONDOM1NIVM ------~.------OWNEIHJYf'c=o-c:-:=:=:==:c=-,==:=.:c=::===~:=ASSOCIA~ .!NJ ING.,:c_:c::.==---:-. ____.~_..___. Sharon A. TRylor _ J -- - % Via Do Ca.a. Sur, #1102 'i ' BClfllton BUl!b, JI'L 33426 BY: V. Claire W: . ortez Authorized Agent F'AGE 03/03 ":...-:::--========---=-=-=--======-=- .__._-----_.,.-._._~~-- --------- - ---~----'"-,--- --=--==:'==-=-..::-:"-==::== :--..:......-==--=-.:.::----.- STA T.B OF F!..ORI.D.A) COUNTY OF P.u.M BE'.ACH) as: I HBREDY CERT1FY tlmt on this dr.y bClfote me, nll. Qflker duly lLulho::ized In the Stl\tl! ilnd COWlo/ af'otmdd to tMe lIc:;knJnlcdgmetl.tll, pm=lIllyttppeuet!, V. CIsire W~~, n~ed ~c Eo: the ARllodAti.on in 1his mlIttol; who is pmQnafiy known to me and who e.'tCC\l.tIld the ~g inscmmcnr, I\!hIr helng duly nom, l\clmcrn'lc~ b,,(Qte me thnt they a=tIld thie aO=lll1t ftceIy llnct ,rQhmtnl:l1y Cot the PW:PQBO. herein stl\tcd. &+- ~ "'r ~ "'" 0,""" "" '" ,", C""",>, ODd ...~ ... .......d ...r::..'l' of"'-" 2009. .~1h1~ ,~~ . '" .....,.'l' DA,FtAL. HAN&!!N "bUy PMl'Ild Nnmt!: Dnm L. Hanten ....:tat . ,,",OOUM!SSA:lN'DliGI4m NOTARYPUl3UC, Stnt! or FLORIDA ilt!.nrge SEAL: ,~. 8:~.~mI1l. 14,~010 ""'.IIoi1m,I", . -......_--....--.~.. ~ ,..~-~ SHARON R. BOCK Clerk & Comptroller Palm Beach County -------------- Unified Family Court Family Division 200 West At/antic Avenue De/ray Beach, F/ 33444 Phone: 561-274-1588 Fax: 561-274-1579 www.p~ntyclerk.com ~-.. 'Y7 . . IN THE CIRCUIT COURT OF TI-IE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA FAMILY DIVISION CASE NO: 502002DROO3923CAXXSC STEVIE RAY ALLEN Obligor, vs. SHAR6N-nnOR-- -----~- -- ~-bbHgee/-" (Date of mailing) I October 1, 2008 : c:~ 1.-. -, STEVIE RAY ALLEN 3820 COELEBS A VENUE BOYNTON BEACH, FL 33436-2707 ~ :.-~ :; :"i '. -, ~:<::;; ~ r-....,:"J ~r-;;:: ..... c: (Obligor) ""Last address of record with the Department Of Highway Safety and Motor Vehicles NOTICE OF DELINOUENCY OF CHILD SUPPORT OBLIGA nON AND INTENT TO SUSPEND LICENSE AND REGISTRA nON --The-Glel"k-and-EomptroUeT1YtPal~ ~:~~S:<<?!lE-ty!-~~~Ij~a,ast:he_ ___________________ --- Central-6overn.menlalDeposUoty;l1ereby gives notice Pursuant to Sec. 61.13016 of the Florida Statutes of the following: 1. The Obligee has requested the depository to serve this notice upon you. 2. The terms of the order creating your child support obligation required you to pay $150.00 per week from 07/26/02 to emancipation. 3. The last payment of child support the Depository received was 08/28/08 The total amount of the delinquency of child support as of the date of this notice is $3,174.75 includes a $25.00 delinquency fee pursuant to Sec. 322.245(2), F.S" <md 4% Clerk's fee pursuant to Chapter 61. 4. Pursuant to the statute, the Depository will notify the Department of Highway Safety and Motor Vehicles to suspend your driver's license and motor vehicle registration unless within TWENTY (20) DAYS AFTER THE DATE OF THIS NOTICE you either: . 446,20 g ~ o {D DOLLARS ~ o ~ . ! I . .11' I , "IOL.L.i(; 20,,1 ,1:0(; ?OO(;L. ~ 21: 20000 *(;.2 * ?~B"I i I I I i i I I I i I CHILDREN'S CASE MANAGEMENT ORGANIZATION, INC. D/B/A FAMILIES FIRST OF PALM BEACH COUNTY Emloee i Sharon A Taylor, 2 Via De Casas cir, # 102, Boynton Beach, FL 33426 Earnings and Hours dty Rate Current Family Support Worker 142.:?5 2,323.86 Sick Salary 17.75 289.97 Vacation Salary I 0.00 2,613.83 Deductions From Gross Medical AFLAC 401K Current -11,28 -24.30 . .104.55. . .140:13.. . . . ' CuirElni ., .A31.00 . <.~dp~;p's.:; ,.. Taxes Federal Withholding... . . . Social SeCurity Employee ::,. Medicare Employ.e~,. .. .;-,f "..; ..^ ,~. 44620 SSN YrD Amount 9,589.49 35S.32 510.S1 10,4S5.32 AllowanceslExtra Fed-3/0/FL-0/0 Pay Date: 04/30/2009 Net Pay 2,109.85 8,316.38 Amount 0.00 2,109.85 YrD Used Available 21.75 78.51 31.25 41.75 Direct Deposit Checking - .........5411 YrD Arriount .44:04 Paid Time Off -97.o?O Si~', ..41It20. V~~tl6n . "55.11.44 ", ~ .~:>i'~' ..~' y ,~ , 05/04/2009 10:22 5El 7212E~93 FAr'HUES FIR:::,T F'BC F'AGE 02/02 4.29.2009 HSBC Bank Att,,: Loss Mitigation RE: Hard Letter- (2 via De Casas Sur #102 Boynton Beach, Florida 33426) Account Number-6052459 To Whom It May Concern: I purchased my home in 2005 and I had the income at the time to support the mortgage. My husband and I divorced leaving to supply for me and my children alone. In September 2007, I took . - -my€x.-husbandoto=co1Jrt:cbeca IJse::he:StojJpedopaviflg::i>hilds.uP.RQrt.-~ltJ1QlJgll he.!'lascP~n.::f'!..de r~:!9::pilV-:::~ _ child support to this date he is not paying and is in arrears of $6,000 dollars, The loss of this child - - support equals a monthly income loss of 650.00. This left me with the financial burden of paying the mortgage. I make 31,000 annually and have exhausted all of my savings, I have even went from owing 600.00 on a visa card to owing 8,800 on the visa card, because I have used all of my cash advances available on the card to keep my mortgage payments paid until March of 2009. In April of 2009, I put the house up for sale with Yvonne Westerman and Keller's Williams, who specializes in pre-foreclosure properties and short sales. My financial situation cannot sustain a home mortgage of 847.00 and 331.00 for HOA fees per month. I want to sell the home, avoid foreclosure and salvage my credit. I know that a foreclosure on my record will affect me for years to come; I would ask that you please assist me in avoiding this. I deeply appreciate your help and understanding in this matter. If you have any questions, or need anyth' further from me please contact my agent or me personally. HSBC ID PLEASE NOTE THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. April 16, 2009 Sharon Taylor 2 Via DE Casas Sur Unit 102 Boynton Beac FL 33426 RE: Acct Number 6052459 Dear Sharon Taylor : Your loan is presently in default. We would like to work with you to explore possible ways to help you save your home and avoid foreclosure. You may be experiencing financial difficulties due to reasons beyond your control. The Loss Mitigation Department wants to work with you to evaluate your situation and will offer you an honest assessment of the options that may be available to you. These options may include the following: Special Forbearance - A repayment plan that allows you to bring your loan current over a period of time. This plan may even include a period of reduced or suspended payments if you qualify. Mortgage Modification - We may adjust the terms of your loan to help you become current. Adjustments may include adding the delinquent interest to your loan and/or extending the term. ** There are also options available if you know you are unable to keep your home. Please contact our office today by calling (800)338-6441(toll free) Monday through Thursday from 8:00 a.m.-9:00 p.m., Friday from ~_~~_~~~u_. ~__m~ -S -:-0 (l-a~ ~1T1:~"B:-Ot)-p-~~m-;-~-aTId--.8aturda)~f rom .-8:~ 0 0 na ~;m ~;~ 12~:i}() -p~;-m-;---East e rn --~~---~- ~._-- time. We can then begin to explore what options may be available to you. Sincerely, Peter J. Gutowski Default Servicing xc047 Gl HSBC Mortgage Corporation (USA) 2929 Walden Avenue, Depew, NY 14043 Equal Housing Lender HSBC ID PLEASE NOTE THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. April 22, 2009 Sharon Taylor 2 Via DE Casas Sur Unit 102 Boynton Beac FL 33426 Dear Sharon Taylor : subject: Loan Account Number 605245-9 ---'Thi-si. etter-i s~ in-response.. to-your- reque s t--f-or- further-assistance---------c from HSBC Mortgage Corporation (USA). In order to make an accurate determination of what options may be available to you, you must supply the following documentation: **PLEASE DO NOT SEND ORIGINALS, AS ORIGINALS WILL BE DESTROYED.** 1. A hardship letter explaining exactly what circumstances caused your default (please include exact dates and figures) . 2. Proof of your hardship. 3. Copies of the past two years' tax returns. 4. Copies of the two most current bank statements (i.e. savings, checking, credit union) . 5. Completed financial disclosure form (enclosed). 6. Copies of the two most recent pay stubs (including unemployment) . 7. A copy of the listing agreement if the property is listed for sale. 8. If self-employed, send: * Copies of the last 2 years' signed business tax returns. * If last year's return has not been filed, a copy of the signed extension. * Year-to-date income and expenses and current balance sheet. ---~- ....--------n~----~-*-Pro-forma-incomef expenses statement for the - next--s:ix IDenths-.--------- This information will be kept confidential and used only to determine if there are alternatives available to you. Please return the above documentation, promptly, to: HSBC Mortgage Corporation (USA) Attention: Loss Mitigation 2929 Walden Avenue Depew, NY 14043 Please visit our website at: http://us.hsbc.com/1/2/3/personal/home-loans/mortgage/existing then click on nWhen payment difficulties arise" for additional information about options that may be available to you or to submit your G:r HSBC Mortgage Corporation (USA) 2929 Walden Avenue, Depew, NY 14043 Equal Housing Lender HSBC m Page 2 Loan Account Number 605245-9 financial information on line. If you have any questions regarding this matter or need help in completing this package, please call me at (800)338-6441 (toll-free) or at. Sincerely, Default Resolution Team Default Servicing Enclosure xc025 HSBC Mortgage Corporation (USA) 2929 Walden Avenue, Depew, NY 14043 Gl Equal Housing Lender Apri1.23, 2009 There is reason to believe that the City of Boynton Beach will be cutting/discontinuing the Parks and Recreation Departments hours/programs in the near future. We, as parents, are strongly opposed to this, and have joined together to petition this motion. Please sign below to support the Parks and Recreation Department, and to keep the City of Boynton Beach from cutting hours and discontinuing programs that are so important to our children and families futures. , ~.R~ '1>~ , ;f~'Z~J-.-k fv\l\~~Na- ~e,-~ Z~~~ Jjdf\~' / ..:. ~. , ,;,' ti~1J /' ~ ifhl "z:.r1 Li ,'hSj t ' ..~ tPtJ pu \C ~~~ f-\~~Q;n H~' . \ ~ )1 , V~~ ~~V1\~ La;) E:-=t: -e~ -(:~ r-- _~jO U cA:Apri1.23, 2009 .. ~---"") I. 'c. '~f-~~ J{j~o <..--f /1 1 ~~ (}?:, /W < There is reason to believe that the City of Boynton Beach will be cutting/discontinuing tbe Parks and Recreation Departments hours/programs in the near future. We, as parents, are strongly opposed to this, and have joined together to petition this motion. Please sign below to support the Parks and Recreation Department, and to keep the City of Boynton Beach from cutting hours and discontinuing programs that are so important j ~OJ~1fth~&?rJ~/a~'Lf:h~::uc-~.(' ~ A.L,~ .--/ /- ~ ( ~ I )VL- {~.'V~1J -- v ~7,:-? 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I ~Ov~\)\~ \ Apri1.23, 2009 There is reason to believe that the City of ' m Boynton Beach will be cutting/discontinuing V the Parks and Recreation Departments hours/programs in the near future. We, as parents, are strongly opposed to this, and have joined together to petition this motion. Please sign below to support the Parks and Recreation Department, and to keep the City of Boynton Beach from cutting hours and discontinuing programs that are so important to our children and families futures. /. ji'.~,< b ',14 U :1!41 A /II ~, < ~~~ ' ?t'cla/c! ~/6vn.e ~ !~, ~ ~~~( ;/a/~ jid 6/-6-, /,' ,~i ,,~ ,+~. jau:hi /-.~ "\ -.j7 L......,..r I /_r--\:--t') 1\ ~_=~~tyy,()A "ol&, _" ,/,,\ 1 I .""',/ _ ; ~ - !f : ~J AI' /1' , ./ flJ' " --D (,'/I.,' i /;/ j vV./V'-' '/ .~' C 'y '-'" _ v...... ~ .u ~{.t.-- ,~) \,\\.1()" Apri1.23, 2009 There is reason to believe that the City of Boynton Beach will be cutting/discontinuing the Parks and Recreation Departments hours/programs in the near future. We, as parents, are strongly opposed to this, and have joined together to petition this motion. Please sign below to support the Parks and Recreation Department, and to keep the City of Boynton Beach from cutting hours and discontinuing programs that are so important to our children and families futures. . .._ '_ ,/r~.A"~ ~-R'>1A~ 'l>~ ' fl~~~~ ~ {UV J VV\J\SCr--l J:::0N N'Z--'- (3~ P<-'-<L PdL ~~n~fl~' ~ ~- .:/,1 f~. .<Y , rJ 7),1/ ~. J)i~/~~'F/ j;,# ~I <I L.<l L ~-) S '1 i[li] . v) 11.' ~ d K ; { \L- l'CI'tt~,' r\C\or'iO;;j 'I r V~~ --~UlVl\~ LoJ~=t: .) ~ -e~ ~h~ . p}? f:_cJ ~ U \.....-~APri1.23, 2009 There is reason to believe that the City of Boynton Beach will be cutting/discontinuing the Parks and Recreation Departments hours/programs in the near future. We, as parents, are strongly opposed to tbis, and have joined together to petition tbis motion. 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'-", I " '../ . !. 'V j l,;/l/(< / ) Ui...XLJ ",,-,.) 'I..J!~ '\ I \ \ ' .1 \'" II, ; ~j"i...-" II 8 . L_r-;'-~_-...-"! L /1 { :'. " )l.../~\,~_~'LA )dd~(< " fie,!' ...~{...,r'l \. \.I~ ~ \,.\. ;.. \ ~ . \. if . I ;,~ f i /'i. ./[i'...'! 1 -jt f," ," . :' '".. '- L <<- ',..' /, 'I . ../W.<:> I {\ . (If ~- . I ' ) t .. , .' \ , ,/ J /---~ i/V""--"/ P,..ii '~i ,,' "'I ...~.#--~J- <<:.>~J~ .. ,. ~J 'rj< /~" r\ ("/-x'.j; I. .~!! a /( 1.( / 1(;17(: t j~ Apri1.23, 2009 There is reason to believe that the City of Boynton Beach will be cutting/discontinuing the Parks and Recreation Departments hours/programs in the near future. We, as parents, are strongly opposed to this, and have joined together to petition this motion. Please sign below to support the Parks and Recreation Department, and to keep the City of Boynton Beach from cutting hours and discontinuing programs that are so important to O;J11' chilJlren and families futures. ! n_ ~ / /; / I' r ,/;' " . ~-:'11 { / I) ( J / l /' \ .' f " .,' ,'J, t---'~, v "' ..'" i "'"', j" /--'\//. <~: /' /-1./"~ l(aW1&4 ~ ~)P \l \. 'A L_-.... f ,II ;.--;~ - ..> ~ ~~~.')1\S~~~~;) ~, A ; ~. ,,/\ /i Ii IV~ V \ --t- \ .:' L/ \.-! \ ./~ ,,-J .. . ,.,) \ i/ V\ () '- \, \):-.-- o-..--.~ {'^^'-L C") '- " ~~ "'"',..-'\ "^ . .. .r c ''7 '- ~J ,<~t-f~_~{..~Lc/. ............4 , .1 ;' .... I. /~ ,.-:1':" '!'J.f~ ," ",. JJ.l(urJL.. (jPit~.,~tZ GJ-4v ci -ZJ~ .~~VlZT3kJli.i:';:~ c -' L ' 'J.c "m "f "', \ OJ~ ' ~,~ ~ A,.: ..'.'1: ' _/ : '--,..... / :(7 Jzti/; r,~. j <::~~ll-~~..".--':.::"\' f. l;,~. A.~j! \ ~ L '7 Z .V-'<:-J ') C i (,. ,.~ /' iJtlttJ{(d'l (JJ?WA1J\ . , J , / /7 n 1 ..! J/t'l L0~1{1'(!;=~ ~~~ ~~~ ~~I \ .\. '~. /i., , C, {,f t.C '," K'}. .AL 'L.,.?..,,/.. , (,~.. L" 1...-(, '.\ "'\-'" , lL'Lh-J t . t:.,,~~ f>'-) '.: ':"".,21.., dLfl~t ';/<<4~ '\~ J$ '\, . ,,$ ), ','~\'~' ~U:'-~..= t/ It. ( cC \,~. -;x e-../t-tCL ;{I{~l[( (.), ,~{A/FJV\) " ,) ') ~;:;-~(if:f2/JJ1<'.Q. c~)l /~ii,djl( /. ,. '. ',. '~LL-i 4c., ~~} , / I~'" ,..", -,' , ' ,./'? I, ' /~>l7Jlr ~, f" '>../ 'A "'T'.-"-- /. -.><Ek -;;:--t:~C1~t ;,("YC) .1" /{':(' , if ('L-.~ C)._~~,... '~, ., . -"\ .,'- /ljA . t,l! .~ [,/ / ',. "~ '7 /' ';"(',. " , $\ I 1./. I . I" I~l ~-:-~.. ~ ~" ~- .,;/-<f~>,( v - I \04\fz Ii {(jCi/LC, d f'" \., I / . :r I / I. /' .' ,/ \\\" . \1\\ { ~. a-" '\; / r,. !.... /l~:l'()-A;;f'z 'I:' .~- --dt. 'd' ",.- .,- L' . , \ , j I J. \.r'~y r r , \"- ~ l''',/".,~. ,... j' I (Lc " L', ,,'\/ ' I It ~. '. "<,1 l: /,;\ v;C".: \ .. ., "," ~~) :\t\ Ie'/ ; ..\ ',t, ~,.\)..~." Apri1.23, 2009 There is reason to believe that the City of Boynton Beach will be cutting/discontinuing the Parks and Recreation Departments hours/programs in the near future. We, as parents, are strongly opposed to this, and have joined together to petition this motion. Please sign below to support the Parks and Recreation Department, and to keep the City of Boynton Beach from cutting hours and discontinuing programs that are so important to our children and families futures. . l)PU~ / r lJJt" ';, - ,. ;/ li · 'I ,/ ..., ,': Ie M ,?l{ , ~ ;'~ IvU< - -:i;CM7~ 7/(/" / c! Gu h0t ~ ~ ~d.0 C'l?Lbuxt' (bkv^" C.h~~ {~&? ~ .. ~.7/'?vz{ // /d' ~ fe? c::> ;U;& 6~~\:; jaufii (.t ~ - r <.: j/c...,- {f ~_... ~J \ ~-=,_,=><()""-\JA "\::.JJ.':>' -~ ! (\~:..- A : 1)A l~~ . . · iVtrjl J(V v 'J' '-" (,' \ ?' t\ / '['-t:.V"'('\ \\),Qjvt.- \ r ;.~ ':J \, \' '. A. PEARL HARBOR, HAWAII 7:55 A.M. DECEMBER 7, 1941 U.S.S ARIZONA BB A DAY TlliAT WILL LIVE IN INFAMY!!!!!! **************************** ON THAT BRIGHT SUNNY !;UNDAY MORNING, THE NAVAL AND AIR FORCES OF THE IMPERIAL JAPANESE EMPIRE LAUNCHED AN UNPROVOKED ATTACK WITHOUT WARNING ON OUR ARMED FORCES AND INSTALLATIONS IN AND AROUND THE AMERICAN NAVAL BASE AT PEARL HARBOR, HAWAII. THE U.S.S. ARIZONA PICTURED ABOVE WAS SUNK ALMOST IMMEDIATELY WITH GREAT LOSS OF LIFE. THE ATTACK WAS A COMPLETE SURPRISE AND ALMOST NO AMMUNITION WAS ON HAND TO FIGHT OFF THIS MOST VICIOUS ATTACK. OUR FLEET AT ANCHOR AS THE MAIN TARGET WAS TURNED A MASS OF TWISTED METAL AND TWENTY FOUR HUNDRED OF OUR GALLANT FIGHTING WERE KILLED AND MANY HUNDREDS WOUNDED. THE BATTLE AROUSE. "REMEMBER PEARL HARBOR"!!! IT TOOK ALMOST FOUR YEAI~S BUT ON SEPTEMBER 2, 1945 THE JAPANESE SURRENDERED UNCONDmONALLY, THEIR fLEET, ONCE ONE OF THE GREATEST ON EARTH WAS SUNK OR IN DISREPAIR. THEIR COUNTRY BOMBED FROM ONE END TO THE OTHER TOOK MORE THAN 10 YEARS TO RECOVER, OUR VICTORY WAS COMPLETE AND OUR MEN AVENGED. AND AROUND PEARL HARBOR. . "I.'f '.:.....;;,.' . "', , ~-""""""""~_.";' , ...._....c -,,'. ! ,-..::..,;..:.C -, ,[ ,,--..,..:, ......- /.;., " ",J' ""'.. -"~~ . -.} J ." I i'"'''' .. l.",:l<. ,<1 /l ."'"' '9 .~... r, .., "."7:!....._\ ;r'rSi :"." ,~ .~ /~ r,f'~ ~ '/ l~ ~ . : 1'/ .. ),' '. ~, '..: I,' . ,1'1 '....:::.:. THE OBJECTIVE OF THE BOYNTON VETS AT Bj.-CENTENNIAL PARK We have already had a class of children from st. Mark Re. Church at our Ceremonies and am sure more will be there in the future.. We intend to invite classes from all schools in the City of Boy1iton Beach.to vie'.!I! our Beautiful Veterans j\_~emo!i:::l! ,,1: Bi-Centennial Park. We win have tours around the p:;!t:..'-ft!~Y'3 a!"!Q wnere possible the Veterans who were involved in the various . . ' Carr;pc:;:g~s C3n let them know wt!:lt a Veteran is and what it means to the Citizens of this Great land of ours' ;i! have them ready to protect LIS at elil times. This h=3S recently been demonstrated by our Gallant Navy Seals in t'le Horn of AfnC'.a.. :t riBS been OLif plcasi..i;;;' to j.:.iii ".i:h the Cit:'} of go~'nton in ttJis most worthwhile project and will be really able to say th.:.fik you by OLii caia m-;d !C'.;8 fur :;:-:0 cf tt:s !7'.~t b!"':::l! ffifu! Veter;!!,,! Memorials anywhere!-!!! Tom Ka;:;E:!f, P,uj.::;ct Chmn. ~ne~Miis1h: l~Jall; 'lei!: e IP -., , . _ e!J"2!!i'L ~::>, 44e.....Eto!:,?a!n ~:..;ali Veti:ernns Ch21l3tfOrr 17 Vefre!i"a!:Zs 01.. iForr-t::::.i07MO ~'~!-"~r-c;: r:;~st~ !:"";'t ~~.. Q ...~ c::~ - -..~.... - ",,~ -- - '-- -' _'v.':;~li c::: -t '~'.a -..;:~'<>~.....coSDt:1!S of Q!te ,~;omeIi!CaE1 f~,"ESii~~ ?l\]S-e 15<<. , ,'. ~r\t.l? 1'At. > \' \:,. 't, ~\-If C\I'< fROWl ! f>.\-A scc\Z\\,\G \'ISl~:r) ~~~ I \-If ? f'-.SI , , ~~~~GS'C.O I)cS\RO'{\NG W':10 ~.~o~i ?,fP-Ci'\ c.\'/I?\.C'i't,O~~~fl'C.R WI~~'i I'. eli'! or '0 ,1' ':1 \-10\.1 Sf , ~~' x:. :\~c i'eR\-A\1 ,10 RC\*~' ~i'\f C\I'< fOR r\'C.\"? 1"''C.'i ~~R\ lelleRS i'lCP-D\~G I; \)O'tJ~. \S 1"'\S C\J\:>~ " RtJ'\)'\ 10 \Z\'\OC'f-. \11I"-: i'\O\.lSE OlNner f>-.nd1e nl.'oA'OG :il,\}SS\P- ~ i'I.EP-Sc \-It-I.? Ci\j 01 ~Oj"\O" 141.0\00 ~i4~ ~ "'; ~ \" -_.~., ~ ...., ....., ~.:~ - ..,....-.-..-..,.. " '.,q, ,',', -".-:i",~,,,,.. _~~~.,,~ " >:"'~'- ,,~ ~"~" ".'il^ ~ foA ~~o ~f It? A~l1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, CIVIL DIVISION CASE NO. 502006CC015138XXXXSBRD BARBARA A RANTA, TRUSTEE, c:;r -.l Plaintiff(s), :.:r.J ::2)-> -,. =.: {"......... ,"'-. ," ~ 4:: '::-..:> e:\!::;;:: \.0 VS. ~f2( -."".. 2~ ~,::.. ANDRE ST. JUSTE AND THE CITY OF BOYNTON BEACH, ETC., 5 Defendant(s), "-:,"'c"",., c..n 01 CERTIFICATE OF DISBURSEMENTS I, SHARON R. BOCK, Clerk of the above entitled Court, hereby certify that I have dis- bursed the proceeds received from the sale of the property as provided in the Order or Final Judgment to the persons and in the amounts as follows: NAME AMOUNT CLERK OF THE CIRCUIT COURT Clerk's fee for holding sale advanced before sale Florida State Stamps for Certificate of Title Registry Fee $60.00 $93.10 $207.00 Paid by Check # If)) /2 to Barbara A. Ranta, Trustee $13,294.77 TOTAL AMOUNT DEPOSITED WITH CLERK AMOUNT DISBURSED TO DATE SURPLUS RETAINED BY CLERK (IF ANY) $13,660.10 $13,654.87 $5.23 IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REM.AINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS. II) . SHARON R BOCK CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA ~/l . 'I^~ In:_ ~_~ By NiVi~O U~ Deputy Clerk WITNESS my hand and the seal of the Court on (Court Seal) '(,/" '/J'''-- /; f/i(0qV,v L\ 1111111111111111111111 , i,r .~ :;(~230 .-' (. /11'00 () \ f IN THE COUNTY COURT OF THE FIFfEE;NTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA 3 (.n~(r. ~?~ CASE: S02006CCO 15138~SB lib c.2.~.-::~ C' ~;;:./ rV <"0':.-". v) -:.~- ,.. - c'; ~@tb I~>',~~~;tt".' r. l~ E ..\ ,; tl C;; , . ~ i~ .';' 1._ ~"l tt_ - " tt~\td \J ~ .:.: 5\ 0\ B~~A A. RANTA, TRUSTEE ~ '\(:(n\ Plaintit( \~) ~/ VS. ~"'.O ..';:;..-:: \:, rD\ \ ANDRE si~rtJsrt. ~ THE CITY OF BOYNTON~ "\FLORIDA MUNICIPAL CORP, '':::::;;:':? Defendants. '-< '",."..,~..'.. ' -_._.~_. Vi ((;9~~ FINAL JUDGMENT I f".v ~\h. Pursuant to Orde~~7summary Final Judgment entered herein on / AUgU_S~_.~.~ 2007: ~;~-;c>, ..' - ~/.j>~:) IT IS ADJUDGED that\~0 '--~({--.. \. "....1"/ ) I /,/ 1, Plaintiff, Barbara A Ranta, '~stee whose address is 212 701 Avenue N, Lake Worth, FL ~ 33460 is due $ 5,000.00 as principal, ~~st since June 15, 1997 $ 5025.00 / reasonable attorney fees $ 2,800.00, Co~rt)osts $ 331.00 under the note and mortgage sued on ,! 1./ in this action, making a total sum of$ l~~~~pO, that shall bear interest of 11% a year. 2. Plaintiff-holds a lien for the toti~~rior to any claim or estate of defendant Andre S1. Juste whose address is: 925 Greenbriar Drive, Boynton Beach, FL 33435 and social security number XXX-XX-XXXX on the following described property in Palm Beach County, Florida; to wit. / @ LOT 29 and the West ~ of LOT 30, BLOCK 18, of ROLLING GREEN, l.t ~ ADDmON. according to the plat thereof on file in the Office ofthe Clerk of the Circuit Court, In and For PALM BEACH COUNTY, FLORIDA, recorded in plat book 24 at page 86. 3. lfthe total sum with interest at the prevailing rate described herein and all costs accrued subsequent t this judgment are not paid, the Clerk of this Court shall sell the property at public sale on. between the hours of It),. DO tJIYL . to the highest bi der for cash, except as prescribed in paragraph 4, at 205 N. DIXiE RIGHWA Y, WEST PALM BEACH, PALM BEACH COUNTY, FLORIDA 33401 in ROOM 10 accordance with F.S. 45.031. . f\J. e-.4 r~ ':-I ~p~~~M.;. CHz..;- ~~~ · Book22061/Page1200 Page 1 of 2 m" ~F;; O:z :s c ::US:: OJ IV 00 Q.~ -C) g r- 0 mOCl ::u~ ;;; (fJ 000 C)AJ o III ::s:0 -00 -1^ ::u ~.,,,,;. e.""",..,;.,:,: C)..., . l=G1 \ m m ::u tv tv a .:n ...... ::J: h') a a o ):t -f m a OJ ~ -....l ~ o a -..t ...... ~ ...... p a ~ '1J (Q Ul ...... ".) a a I -'" !\,) a -'" - tv -0 (0 Ul ...... e 1111111111111111111111 . '0 ."q t..toCo COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT FOR PALM BEACH COUNTY, FLORIDA . . 2tJfJ6CCO 15138xmsB CASE NO. IN THE IN AND h ,7A. ~ // ~ (,/J) 0 BARa~i:a A. RANTA, TRUSTEE, ~-) I ~ ~ ,.).... v v/": Plaintiff, \! 712-, \..~}d,,'j I. \ \ ~-. r--) = ~:~ ; ;':.>.: .;'~';. \C~ ANDRE ST .\((~~TE and CITY OF BOYNTON BE~Ji? A FLORIDA MUNICIPALr..c6RP<:QRATION, . .r......,~"\ '..c.>;/ De~mants . \ ~ ,-t ~71S~ 0:-;:> (?Jc ~~j}j TO: DEFENDA~~~BOVE NAMED AND OTHERS WHOM IT MAY CONCERN: ~r (:':)yS) YOU ARE NOTIFIEd~6f the institution of this action by the Plaintiff against you, s~~~ng to foreclose on Mortgage recorded in Official Record Book 3~~~tt Page 1675 of the Public Records of Palm Beach county,-Florid~;{~ering the following property in Palm ., /r~ Beach County, Florida. ~ v. (:.-; 1'~ C:J ..~;(.......-' _I C1 ....J / / LIS PENDENS LOT 29 and the West 1/2 of LOT 30, BLOCK 18, of ~ ROLLING GREEN, 1ST ADDITION, according to the Plat / thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 at Page 86. DATED this tAJ,-b- day of N DVM8~ NE MOORE, ATTORNEY 639 E Ocean Avenue Boynton Beach, Florida 33435 F1a Bar No. 56-259 Telephone No. 561 734-2424 Book21125/Page876 Page 1 of 1 .' . "".." ;:r- m hi .., o :z :] c: ;:US: a:JI'V o 0 ~o - ~ Om r(,h m~ ::tJ(,h ^(..:J (\00 o::tJ 003 s:0 -00 -f^ ::tI~ o)=> Ie;) !;m ::4J t\J. .... .... IV (J1 ~ OJ .....1 m o > --i m -.>. .... t;) m t3 o 8 .... -\. 0'1 :';l (,h (..:J -0 to (:) m -..l SS) .-, ..... -0 to ..... Palm Beach County Property Appraiser Property Search System Page 1 of 1 .€_~~;;r':\"$n~mOjlii'rfV Appraiser's p~brJG Ae:2~S Snlsrr1 ~-. \;~: <~~ '"':v '" -. *' q~ ~ ~ , " .., t ,,'" ' ~ ' t": ~""",.. ~ ~ r ~ , : \ . t ~J;fu;.01 m;'k;=~ /J:",,s,, ~ iAl J ~ ' , Ii' &=~""'IIJIII= - . ,. """orne ~ &~",t!1t=; " ~ . _~ mti.im~m&ijffih.~."#,, "~" ....<\ ~~, ;:4;.<,., >r. <: ~ Property Information 7 . Location Address: 440 NE 14TH AVE ..c... "- ~I Desqiption: BOYNTON BEACH 08-43-45-21-02-018-0290 FIRST ADD TO ROLLING GREEN 1, Sale 22179 Page: 1116 Date: Oct-2007 1ST A TO ROLLING GREEN LT 29 Br. W 1/2 OF LT 30 BLK 18 \ Municipality: Parcel Control Number: Subdivision: Official Records Book: r Owner Information i Name: ARSALI NICHOLAS 1_["~,,..a4..:J Mailing Address: PO BOX 413 BOYNTON BEACH FL 33425 0413 / Sales Information Sales Date Book/Page Oct-2007~~JZ9Ll,l1~ Jan-1983 Q38~Ul~Z4 / "7 Price Sale Type Owner $13,300 CERT OF,,!:tTLE ARSALI NICHOLAS .------'.: :.--. $45,OOO'-'--WARRANTY DEED Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Property Information ] Number of Units: 0 _ Tax Year: Assessed Value: Exemption Amount: Taxable Value: r~:"~l Tax Values Tax Year: Ad Valorem: Non Ad Valorem: -~Total Tax: r.-J [;..~I :r~.x...tollector WebSite NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspX?p _ entity=08434521 0201... 12/12/2007 - (-~ ,Y\~ ~:' ., ~/ 4 () ,. ......\ l) -2- ~~ 4: oliff shall advance all subsequent costs oflbis action and shall be reimbursed for tbem by thi' . ,er:t&fthe Court ifplaintiffis not the purchaser of the property for sale. If plaintiff is. the purcha~Jftle Clerk shall credit plaintiff s bid with the total sum with interest and costs accruing subsequeiitJt~thisjudgment or such part of it, as is necessary to pay the bid in full. '\;(1 (fu \'.~) ~, 5. On filin~~.' .c.ertificate oftitle the Clerk shall distribute the proceeds of the sale. so far as they are suffici~r1t(r~:paying; first, all plantiff's costs; second, document stamps atlixed to the \ ce~ificate;. third, p~ifs att?~eys' f~s; .fourth. the total sum.due to plaintiff. less the items paId~plus mterest in'1~revailing rate '" paragrq!Jh~one fh.l,m'trus date to the date of the sale; and by retaining any rem~ amount pending the further Order of the Court. rri\ \C v ~~r;:-~ { ( '..~ I 6. On tiling the certiti~~tit1e defendants and all persons claiming under or against defendant since the filing oft~~~e of lis pendens shall be foreclo~d of all estate or claim in the property and the purchase~tl:re~~ale shall be let into possession of the property. ~/ j...,"'; v~:~, ( (,~i) 7. Jurisdiction of this action is 'f~~ to enter further orders that are proper including, without limitation, writs of Possessio~.~eficienCY judgment. <<: -';<:::.~ (C/i., ~~.~~~ t:P.<:NE and ORDERED at DELRA'~}\CH, ~. 2007. ~~ 1 \ copies furnished: Gene Moore, Esq. P.O. Box 910 Boynton Beach, FL 33425-0910 Andre St. Juste 925 Greenbriar Drive, Boynton Beach, FL 33435 David N. Tolces, Esq, City of Boynton Beach, 3099 E Commercial Blvd Suite 200,Fort Lauderdale, FL 33088 Book22061 IPage 120 1 Page 2 of 2 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ~E NO.: 50 2\J05 CC n 0 01 71(~ XXXX 58 BARBARA A. RANTA, TRUSTEE, ,- Plaintiff, ANDRE ST. JUSTE, IRVING MANDEL, and CITY OP BOYNTON BEACH, A FLORIDA MUNICIPAL CORPORATION, COpy Otfgfnal FJIed JAM - 5 2005 vs. Defendants. / COMPLAINT FOR MORTGAGE FORECLOSURE Plaintiff, BARBARA A. RANTA, TRUSTEE, sues Defendants above named and alleges: 1. This is an action to foreclose a mortgage on real property in pa1m Beach County, Plorida. I . 2. On January 6, 1983, Defendant, ANDRE ST.JUSTE, executed and delivered a promissory note and a mortgage securing payment of it to RUSSELL E. BUTLER. The mortgage was recorded on January 17, 1983, ,. in Official Record Book 3862 at Page 1675 of the Public Records of Palm Beach County, Floirda; and mortgaged the property described in it, then owned by and in possession of the mortgagor. Said mortgage was sub-. sequently assigned to BARBARA A. RANTA, TRUSTEE, Plaintiff herein. A true copy of the mortgage containing a copy of the note, as well as a true copy of the Assignment, are attached hereto and made a part hereof. 3. Plaintiff owns and holds the note and mortgage. 4. Subject property is now owned by Defendant, ANDRE ST. JUSTE. 5. Defendant has defaulted under the note and mortg8geby failing to pay installment coming due on June 18, 1997, and all subsequent payments, and based on said default, Plaintiff has accelerated unpaid balance of debt. In'addition, entire mortgage debt became due and payable on January 6,2003under the terms of subject not~. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA BARBARA A. RANTA, TRUSTEE, Plaintiff, CASE NO. ~.~~ ~\I~ ~J . ~e:Yv AD VB. ANDRE ST. JUSTE, IRVING MANDEL, and CITY OF BOYNTON BEACH, A FLORIDA MUNICIPAL CORPORATION, Defendants. / LIS PENDENS TO: DEFENDANTS ABOVE NAMED AND OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED of the institution of this action by Plaintiff against you, seeking to foreclose on mortgage recorded in Official Record Book 3862 at Page 1675 of the Public Records of Palm Beach County, Florida, covering the following property in Palm Beach County, Florida. LOT 29 and the West 1/2 of LOT 30, BLOCK 18, of ROLLING GREEN, 1ST ADDITION, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page 86. DATED this 4th day GENE MOORE, ATTORNEY FOR PLAINTIFF 639 E Ocean Avenue Boynton Beach, Florida 33435 Fla Bar No. 56-259 Telephone No. 561-734-2424 Telefax No. 561-734-2497 Page 2 Complaint Case No. 6. Defendant owes Plaintiff $5,000.00~ that is due on principal on the note and mortgage, late charges and interest thereon from June 18, 1997, and title search expense for ascertaining necessary parties to this action. 7. Defendant, IRVIN MANDEL, may claim some interest in and to the property subject to these proceedings by reason of that certain mortgage dated March 20, 1985, recorded in Official Record book 4495 at Page 711~ and that certain mortgage dated July 13, 1989, recorded in Official Record Book 6128 at Page 1407~ and that certain mortgage dated September 13, 1989 recorded in Official Record Book 6192 at Page 1590; and that certain mort- gage dated October 26, 1993, and recorded in Official Record Book 7949, at Page 760, al~ of the Public REcords of palm Beach County, Florida, ~ which interest, if any, is subordinate and inferior to interest of Plain- tiff herein. 8. Defendant, CITY OF BOYNTON BEACH, a Florida municipal corporation, may claim some interest in and to the property subject to these pro- ceedings by reason of that certain Final Judgment entered against Defendant, ANDRE ST. JUSTE, recorded in Official Record Book 8520, at page 79 of the Public Records of Palm Beach County, Florida, together with additional claim of said City for demolition of existing structure located on subject premises, all subordinate to the ~il~ng of Plaintiff's mortgage herein, which interests if any, are subordinate and inferior to interst of Plaintiff herein. 9. Plaintiff is obligated to pay its attorney a reasonable fee for his services. WHEREFORE, Plaintiff demands Judgment foreclosing the mortgage, and if the proceeds of the sale are insuffient to pay Plaintiff.s claim, a deficiency judgment; together with a reasonable attorney fees. DATED this 4th day of January , 2005. Page 2 Complaint Case No. 6. Defendant owes Plaintiff $5,000.00; that is due on principal on the note and mortgage, late charges and interest thereon from June 18, 1997, and title search expense for ascertaining necessary parties to this action. 7. Defendant, IRVIN MANDEL, may claim some interest in and to the property subject to these proceedings by reason of that certain mortgage dated March 20, 1985, recorded in Official Record book 4495 at Page 711~ and that certain mortgage dated July 13, 1989, recorded in Official Record Book 6128 at Page 1407i and that certain mortgage dated September 13, 1989 recorded in Official Record Book 6192 at Page 1590i and that certain mort- gage dated October 26, 1993, and recorded in Official Record Book 7949, at Page 760, al~ of the Public REcords of Palm Beach County, Florida, ~ which interest, if any, is subordinate and inferior to interest of Plain- tiff herein. 8. Defendant, CITY OF BOYNTON BEACH, a Florida municipal corporation, may claim some interest in and to the property subject to these pro- ceedings by reason of that certain Final Judgment entered against Defendant, ANDRE ST. JUSTE, recorded in Official Record Book 8520, at Page 79 of the Public Records of Palm Beach County, Florida, together with additional claim of said City for demolition of existing structure located on subject premises, all subordinate to the ~il~ng of Plaintiff's mortgage herein, which interests if any, are subordinate and inferior to interst of Plaintiff herein. 9. Plaintiff is obligated to pay its attorney a reasonable fee for his services. WHEREFORE, Plaintiff demands Judgment forec.losing the mortgage, and if the proceeds of the sale are insuffient to pay Plaintiff.s claim, a deficiency judgmenti together with a reasonable attorney fees. DATED this 4th day of January , 2005. '1. {i..- 6~. .-m Ut:..I r'. H. rTj t7 'jJ 1 ,,_ ' \......-'" t:: 1 r .::> (J,ILI m . (C_J1NN~tJ~~" . S C g Et?:fV N A f'1 i?---:- :\ _: . ~ . -,:. Wyft1ji//CKBOrN=-~'; \ f-MA\ L- ADJ)R~SS .....~: \ ~".'\ \ t ' c. ' ~J VICi<J3oyfJo AOL - coM ,<~~ ;\ . ~ ~.~ cJt\,gfl S YOr.Jf'-. Ffl [/o,?-'17b \ ~~ vJo;:1) f\l.-M - CY'\L \ L'\-, Df . ........ H'\. Ii'. I i '1. i. J ....,; ~ i:;- .....<::1"" f7 '.' (\i~W '. -, 1-; . 1'-' G , . , ~,l . '1 \ I . .' . /r'- ' ,N j ii i il11 II Ii: III ~: I ; ,.1 'I, 't. :11 : ~ I ~ )::1 IH :;i( t 1: I)' ;~; I II' . I 1\ 'i CITY of BOYNTON BEACH @. . .f.' . l' 0 lOX 310 Boynton leach, Florida 33425-0310 (407) 738-7485 /) r=: L - /:J:.~. 0. '- r- C ,'(. _.J . () " n R E /v/T/? ~ PE {{NIT April 13, 1990 " Mr. Andre St. Juste "":.9Z~:.$reenbri ar Dri ve Boynton Beach, FL 33435 Dear Mr. St. Juste: Our records indicate that no inspection was rnam')ll your /'ef~:_ , 'at"440.';:'N.E. 14th Avenue. Rleas_e.,ca]l 738-7482, to schedule the necessal~Y !r:spection. Yours truly CITY OF BOYNTON BEJ\Ch ~~~\f~~ Betty McMinamen Occupational License Administrator /ah xc :.'!.' Centra l Fi 1 es Geno....Ruffolo, Codes & License Inspector '11/1' . I ~. . . ,'; '.~. ~ .:~ "-'~-~.~~~:~;.~~~.r~:.w:..~ cor,oF: El!r"'!:~"'I!"". i ary Of 11 IIEAQl ., 100 E. BO.YNTON BEACH BLVD."/e: . P.o..; BO~3io ":....i;":>~;;. ,,/r~(ifi. ' BOYNTON . FLORIDA, ,:,:~;:~ .. "~1~.;:)';";'. .,~I: 'I ' , ,,' \01 ., . ~ '. I.'" ' . I)" . TCLAQI'OtTAU, III .. ,,' . , IIIV1C1a; f.... ;' ~ ',.. \ lht /IglII" lilt '-1ddttI ' , II ""III_run ,I 'I 'i I i I. ii ." }, (~ ,~ , .! ~. ' 1 . r;-' /~ . :i:'1 , \\.'\t'ii.\\f0 J oral ~ Itont 0/ 11III rlCl/jll, I 1 7;.... ':"", .; I: . 'j ,.:, i 'I . \ ' ~ · U.s'o.P.O, 1888,21 ~"" EXI-II!3JT i= ..." .;~ ,,' .~ I l__ -~~.,. .~-~ IIIJ' . ~ . -1 ',' CODE EtUORCEMua. I ..... .. OTY OF BOYNTONI~at..: .Q~Bq~"i~:t!!;; ~. P;~.BOX310:;~:;;:' :'>:';':':<;:/1.::: . BOYNTON BEACH, , ..,.;.::, , ." '~f~(i;,.y' }':;'~~; :\\)RlfO....,I.t; ., . ;;'~'if..~~:...;.:t..~: ",,~,"'>.. S'r. ..' I '.... ....~~;.. ,.t\ ~\\'.""'..;\~-"-' ~ ....- ' e'~~ ~I,I\\'\"" ~ " .:..- .. ,...\ ~,.t\\."" ; :.~ .....-- , yj.~(J...., '~I\ . Il'.~~\'~~:~\~~~*. .. m;uWIr:m~ IIoa'll\ . lIll!::'~ ~!!!I SEP 14 1990 COPE ENFOnCEMENT, \~';/Jt'l t:"'J.,..:;:": (;.:~ :.".' !'10': J;: \0 -'<\1;~?: ".. r ~ L ':':~ ~... '~ .', >:'i;~i:' ',': : .., "6.~o.~, -;:Hl ',:::.';::;:",~\~", ~;~tUj'i~~.,.... '~nj.lHIJ ~ift~~1Ifpr r~, l'"'IIl,:II'J: i~lr(,W"'!J ^dr),'"r, WI~I(J !)(~r;IIf1UJ'J f.,. ,:: . .' .~, ' ~Xfll;B11 E ......".~_......t'......,I&.;.....,).........-.. lr~.....It.---"""'''''''''''-' ~ "~,,,,~:oo""".."" i'" .,--.... .' " I ~dn St. 440 NE th Avenue Bo D Beach, FL 33435 . "-"';',r '. " .... J'.." I",,' I.t; , .::i~: ,==- "V II J 4. / -r C -- :.1 2~H u ~rallll Beach County Pt~IU:ty C ntrol U) ~ 1\81"'. N&IlI8 /I. ff: .J " 9 of : ~wnetl Addte.. ' . I ~lty 0 I}',O,. .. ~tata ~iee Silllplo Titleholder's NalAo lice Sillplll Titleholdor's Address onttactorl. Namll .ontt ctorl. Addtess : 1ty 0 /t'i <D ,'JIO tate .ob NallO ob Addre.. 111ty !~eg.l Description j~ondina Company !>Ilonl.llha Co.Address .Architoct/Enaineetls Halllo 'Architect/Engineerl. Address :~ortgaGo Lender's Name .Hortgage Lendllr's Addrolill ~ I !'~INGLE FAHILYI/ DUPLEX I HULTI-FAHILYI HOTEL I nETAILI OHICE: HmUSTIlIAL: i (check one)- - II ~ . - - - . 1ESTlHATED VALUE OF CONSTRUCTION I $ .41 t -- ~ ~I / : pPSCRIPTION OF WORl:, ':;Jf!...{J;!f (f?l i'(~ r,7I.JZCCy(.t~"-. r- -...:..L0/ -. ../:d.-:"ii{:e2~.=-::~=- . I { I ' . iApp:~ication is horeby made to obt.ain a permit to do the I;'orl' /lnd 1IllJtuU"tlon,; "":1 ifllllclJc",: 'cLlrtify that no \Jork or 1.nstallat1on has comlllencod prior to the issuance of lJ pu 1'Iul t ..IId t: ,,' I: : 1111 work will be perforlllod to lAaet the stlmdards of all laWll ruguluUlIK eilll,!; c rue ti UII III 1./. \:, "I jurisdiction. I undorstand that a S8puato porJnit must lie secured ror ~:I.I~C'l'IlIC^L \.IO/lf:, IL'LUlinINC. SICNS, WELLS, POOLS. FUI1NACES. nOILEIlS, llEA'fERS, TANKS, and Alll CONI)[TlmlEfl~;, ETC. , ~ i 'l!jOWNER'S AFFIDAVIT: I certify that /Ill tho foroGoinG information is accurate unci tllat ill I 'i<1rt. ~11.I1l1 bo II.ono in complianco \Jith 1111 applicablo lllws regulating construclion and l,onlny,. 1 . . ':YAnHINC 'L'O OWNIm, YOUll FAII.lIIlR 'I'() RECORD A NOTICE 01' COHH1'.NCI.1Hl!N'f HAY IIE.'IlIl.T HI YOIJlt !'AY IW: ,/i'l\lICE 1'011 Dil'nOV~ 'to YOt/1I l'llOl'JUl'L'Y. 11 YOif' JNTIO-m 1'0 OIl'J'AIN YW^NCUIl;. Cllrl:.iUI.T 'W J.TIl '(01111 i;: l'I'J~mm all AN A'l"L'ORNlrl nltl'OnK IIP.ConOINC YOUIt NCYl'ICK 0' CQttHl!UCI1)ilwr. ':Signature Signature : Ollller or Agent:. Contt"Actor, '2 . 0 : DlI tu Dal;e lr (J t. 2.. 0 '/1 91 CITY OF nOYN1'ON nEACII - IIUILDING 1Ji';t'rll'.I~I'_I" nU[LDING P8RHIT APPLICA'l'ION PLEASE PRINT Owner's Phone II j J 7 :;"j_. ,J ,C) ,/(;'-~~() (I:'..::' Zip 1JII;I)" (It ot.hor' than owner) th/ln ownerls) Contrllctorls !'hone II Zip '3 ~ '11.1' County City State :;:!. NOTAllY as to O\JnIH' ot Agent j I, ;~ill I .,; ~ly CoovD!uion Expires I NOTARY as to Contructor l1y Coovn1s:lion ExpLCl:Sl . (Certificate of Competency lIo1dor) Contractor'.'State Certific/ltion or Rouist:.nt1on No. Contractor'. Cettific/lto.of Compotency No. LIAnILIT't INSUllAHCK EXPIRATION UA'fEI YORKERS' COMPENSATION EXPIRATION DATEI : I APPLICATION APPROVED ny Permit Officer Dllt"l 'I: 1:11 Any chanGe in buildinG plana or specifications IIII1St bo recorded with thb offic". Any \.I()rl~ covered abovll IIIUSt havo a val ill Ilormit prLor to lItllrtlnR. In con~l<le~atlon uf thi: r.rnllL illi\ LJ :~: r:.his permit, the ownur and buildur /lareo to oroct tills sl:r\lcture in [ull eOlllpllilllCl: 'Wll.l. till: :!: Duilding and 7.oning Codas ot tho City of Doynton DOllch. i' . NOTEI This pllrmit VOID aftot 160 DAYS UNLRSS tho work whIch it cov~rs has uUl!n COlOlIIl1nc:r,,1. rli.: Contractors must havo valid Stllto CurtilicAtion or Counl;y COlOpctP.ncy pIli:. COllnl.y ;"1<1 C1I:y I:: Occup/ltional Licensos prior to ohtaining perml t. it!: ..; . "'''T'' """'oil'!' no,,!: HO'!' ~,lJ'I'lInllT?JIJJ.(.lg'.!10.~U:!':.!!.!"c!!_fl.c~~I:i~r.~'r'_;'-J~:. FXI-I/I3/T K '\V"1Ih copies to: Citc*O"JUIlJudF 1)II9kI v c.w Vice ~..-,.....I?" .. eta J711f 11Ie White Boase 7 ,cttiOO p~h .:-. A"."el1W w,....- uc:zD5GO o--~.orJeb .... ". TbcCapilDlaG So8da ......-..- "'" Ta11Llh -re. ,,32399 CWefA-~ ~G .._~.Jr. 1> Cs...-.-e ea-tof- (.J8iIe4 s.- . one y_ StIeeIN.E. . 'f1~ J:.I" DC 28543 QlillIa~'" JCatV ,,~ G F"..... JUdiri.1 Cia'dt c.-~~ . .........JlaIda ~ ea-"-' 285 1(. Dbdc IJialLWIIJ , West.... Be&dt JIIOrWIl3J401 -- -.------ .fa rIIIf-Q.::t - r..~CtIr'..Li .-p I 11tO~"-- II T...~n n~ FIoricJa 32303 "lIr~_r~""""~ (, 4040 E4' ~..,., _..... B.. 8airI: J52 T~' Pt32399-1OOO AftiaIA~Ja:.,,,,,,"'A--Ul.25lt~ ~~.......- .,....... f ~. Pl3J401. T ...--r:.. ,......"..~ . . ~ ~.. _ . :--. -"', .i~.,.: .""~~: '_ ''';'. ... .~ 2- The City of Boynton Beach OPFlCli OF 1BIr CITY ATnJRNBY J_E....... r-....~ P.O. .. 310 lW.JmfI-~. J11.rftM 3!l425-0SJO PllONB: (561) 7G-60S0 FAX: (561) 742-6054 / ~ ~.J'.-- if (-'~ 1\ .r , , f t '. \ ~ ,\ ., ,:"";:r~' / ' () i ,", April 6, 2001 Philippe Symonovicz, Esquire The Advocate Building - First Floor 315 Southeast 7th Street . Fort Lauderdale, Flori4a 33301 Re: City liens on 925 Greenbrier'Drive and 809 South East 4th Avenue Dear Mr. Cymonovicz: ". This is in ~nse to your letter of April 5, 2001~ to the City M8Jlap, Kurt Bressner, requesting payoff figures on city liens encumbering the above l-ofu~ properties, belonging to your client, Mr. Andre St. Juste. The requested figuMs are provided below. As to the property located at 92S Greenbrier Drive (Case #99-2187), the Code Compliance Division;'. indicates that the principal amount outstanding is $11,675.00 plus $634.12 in administrative costs, for a total of$12,309.12. -=. I am advised by the Code Compliance Division that there are two liens currently encumbering the property located at 809 SE 4th Avenue. The:fb:st lien (Case # 99-3059)~ bas a principal amount of $10,025.00 plus $730.50 in adminUztrvtive costs for a total of$10~ 755.15. I am also advis the total amount outstanding as of today on the secon4lien Case # 90-20001265), is 9 .00. This lien is still active and accumulates charges at the mte of $250.00 per day until your client comes into compfumce. 4 if 0 N Ii / l./ ft-vt. ,Should you have ~ additional questions, please contact me. L \ e.. t-J t-f LtD tJ 6. fit A V'c- l.--t.etJ..\ SOD V'R'~ $l 0d-5j760' ~ -P-- ~ Nicholas 1 Igwe Assistant City Attorney <gOq S. ~ t-/ 1'1''0,' O;,l5t( p~ -'30'50" qJ,5 ~~.De.1\\f~ \'2-, 3Q>Cf. l 2- -e J Nll/mlr Cc: James A. Cherot: City Attorney Kmt Bressner, City Manager Scott Blasie, Code Compliance Supervisor Andre 81. Juste Caldeptl~ Aaorney..st.jlllfe ********************* *** TX REPORT *** ********************* TRANSMI SS I ON OK TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION In ST. TIME USAGE T PGS. RESULT 0239 13052716302 09/30 18:17 01'55 4 OK .;i' Office of Martin & Associates, Inc. 1550 N. Federal Highway # 14 Boynton Beach. FL. 33435 (561) 736-3363; Fax (561) 736-3105 martinassociates@bellsouth.net Fax Correspondence (305) 271-3398 September 30, 2003 Frank J. Segredo, P.A. 15327 NW 560th Ave., Suite #255 Miami Lakes, FL. 33014 Dear Mr. Segredo: Mr. Andre St. Juste of 925 Greenbriar Drive, Boynton Beach, FL, 33435~ bas met his obligation to the City of Boynton Beach in the amount of $1,730.15. As a result, Mr. St. Juste is requesting the title company to immediately release the amount of $10,005.15 in his name given that the payoff to the City of Boynton Beach bas been satisfied. Please refer to the attachments that serve to verify Mr. St. Juste's compliance to the lien requirements and money owed to the City of Boynton Beach. Your prompt assistance and cooperation is greatly appreciated. Res~lY. ': d f c!t,;Pk:1 - Romaine ~ ~emeah, D.Min, ro, RN Senior Care Consultant ~./_d?-"~~ ~'].i,1~3 ()>llD~potA- C'f.'l ~'-;:;'lA1lpotA- ~~ ---~~~ Jf1IIPo __If"""'--- ~~ ~St- . ~ ~S\o.QllS.\5~"" 'to ~\\}IIIS ol~" ...,.,.wf,..".. ........~~ --. ... ...... tIrII' .... __. _Sf>" t4>""'~'" __~ '-dA'(iIP1IIYI-- - --1. ~ol""p-r:;. . ----.-...,-::- ...~....1III"l'~ .....__~-=_ol-~ _. ~.",___. .....".~ 't\IiO ,.fiI1ll1~"-''''- .. ~\..~~dA~~" -~....::...-~..."''''':::- bG~~"--" 'Oi"\O\---"~ p......_ ""...ftIII"- ~.".....,....,. ~ S~~ ~St.}u&\C 0 to - cy\ qj 0r) 0 .~ v (ff ... ~ 0 r6 n r- \- J ~ '2\ :J- v \ CL 2; - 0 ~ FRANK J. SEGREDO, P.A. TRUST ACCOUNT 9350 S. DIXIE HWY, SUITE 1500 MIAMI, FL 33156 PH. (305) 448-7023 :'~; c;.yofBoymQnB,,,h I $ "10,005.15 ren j.h\lus:.nd Five and 15/100.*....**.*... ... ..*.....................*..... ........................................... .({;J)oIlaiJ f?J .. .. EXECUTIVE NAOONAL BANK MIAMI, FL 33166 63-8151670 City of Boynton Beach c. t} 'J 0) Closing File: 03-296 " 03-L96 Payoff ( U <;c,.if: q Q -3Ch1 , - flWlfl(} i ~ 11100 U; 20111 1:01; 1008 ~ 5 51: O&. ~qqOB ~Ob'" 1620 6/24/2003 'clt~---, I ACCU~~{!:.M1 PARTIAL INSPECTiON REPORT CLlENT(S) __._kA.ir1-_!~c._~r~ _____ ' MAILING ADDRESS _4 7 Z~ _SrJ_""-YW t!JC!(-a7 .J~~ (/ :z, Iii-f~/J i>~1-f FC- ___1-5 'S" ~~~(1.-JA~l2.~_~!IWAa~_.f~.__331::3J"~ -;CfllAJ INS?ECTOR-I?~..67A~ IJ2c (!'dFCfi..t'lN._DATE '2..~ ~ - q'__TIME___'l~'!!J1;VJ~_~ INSPECTION ADOREss.g~_.61~.J.1:_~f.L1.L__13.'(>:Y~T.Z;~.L &.;;?;f 17./-/ /= c;- SUBJECT OF INSPECTION 72,)1')"'- - ClltRlK- /C*,;e ~ j:?/U;fY10t.t:5. ;?t;:r'/?/a'S i . INSPECTION FINDiNGS (/) /A/sflc;::(J7iCW C1L- /lrrlc A/2s::a - /Ht:r1t.6 "DOt5S ^,'Or /ll'jl87/tL /l1R7" TII~.&.a 11/1 '5 ~,J A NY ~1'111'- -5 ~ THe; /2'lJ))2 511-&/'li7//,J~". ~ apL'?n~OfG - i8s,~ r;G~ S ~6/t;r ,sc:o-oJ ~71a./&7) .I};T- 1J.!v- N~Il.TII t-U&-..5T .4,.,) 1> S&.< 11-" t(/6-'37 ~/t..,VV7t. => 7/JJIJ i&JLi - /J ! /")1 ( (I( I t/P/~ /aJo1=/;)y Q.:;P1 u..l::lU IV uJ t3<!J4.AJ~ - AfJPItO){ 7-0 X 'Z - Cf . L..:.'/1 L; I f ~ - (II !;)W C-a/t--<.JU7L {)~Y'f"V'. _,Q/l/.n1 C-O w/1i$" //1P&'X/AJf 10 2.-0 , r It i . It% r:: ;: i:::1' 1:.,,:' ~ :/~::~ '/ f % .: ~W ~--.),;,-7L _ ~~ ;:l;;pdl.oY. S7"Z{'5" R/p~.x /C /1 t; /t/.:) c:SF CONSULTAN ~&f.:~~EE$ HIZ~~- )frHEC' 'J CASH CllENT(Sl_________ ,)...,.~ - '-- '0' 'V .. CITY Of' BOYNTON BEACII - nUILDING OEPARlliENT BUILDING PERlnt APPLICATION PLEASE PRINT (NnH I s Phone II LIt /-) lr? 7-- 'd '-I lty tate ee Simple Titleholder's Name Zip 13 t15'J. (If other than o~ner) ee Simple Titleholder's Address (If other than o~nerls) :on t: ractor I s N~me A IJ'~. L 6 ~ t. (j" if "'> t" Ii :ontrr,ctor' s.... Address H "t 0 {r~ e III d \1 j; ;ltyr;zaYIIr-.o,/t- (; tl ,'JtJ")/, itate Zip 7, ) (..21) lob Harne Job Addre!ls ~tty ,egal Description Contractor's Phone II County !londing Company Bonding Co.Address ^r-chitect/Engineer's Name ^rchitect/Engineer's Address 110rtgage Lender's Name Mortgage Lender's Address :WIGLE FNULY:/ DUPLEX: (check ooe)- ES-:"IHATED VALUE OP' CONSTRUCTION: [Jfo:SCRIPTION OF WORK: City State HULTI-F1\HII.'f: $ Q. I . ~~ HOTEL: RETAIL: OFFICE I INDUSTRIAL: .;g}YJ;!1t"C~d --J.0L -, ~ -Afi~- '\[1[1,~ication is hereby made to obtain a permit to do the work nnel installations as indicated. certify that nj work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this Jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUHBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, II EATERS , 'rANKS, and AIR CONDITIONERS, ETC. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work 101111 be done in compliance with all applicable laws regulating construction and zoning. WAIUHHG TO OWNF.R: YOUR YAiLUiil( TO RECORD A NOTICe OF COHHENCEHENT HAY RESUl.T IN YOUR PAYUm 1;fICE Fon D1PROVF.HENTS TO YOUR l'nOPlffi'rY. IF YOIl INTEND TO OnTAIN FINANCING, CONSULT WIm YOUR tENDER OR AN ATTORNEY DEFORE RECORDING YOUR NOTICE OF COHHENCEHE:N"l'. Slgnature O'olner or fq~ent Date Signature Contractor Date JU L ? 0 .11?/ NOrl>.RY as to Owner or Agent NOtARY as to Contractor Hy Commission Expires: ~\l Commission Expires: - (Certificate of Competency !lolder) Contractor's.State Certification or Hegistration No. Contractor's Certificate of Competency No. LIAB:!:...ITY INSURANCE EXPIRATION l>^TEI ~~t': :.:.(:::~~ t c'O:~: u.t.-4S:" ':'::;}~ ZXciRJ\'iIO;~ uAl~: APPLICATION A~PROVED BY Permit .:Jfficer Date! Any change in lJuildlnR plans or speclfic:!.tions must be recorded with this office. Any '010:-;'; nOi covered above must have a valid permit prior to star.ting. In consideration of the granting 0; this permi::, the owner and builllcr agn''! to nrect this str\lcture in full compliance with the 8uilding and :ooing C~des at the Clty GZ Boynton Beac~, 110TE: This permit 'JO!Ti ..ft.er lRO DAYS .i'1LF.SS the! work "';I~ch it covers has lIenn cOIllll\en,=~d. t.l, ::antractors ;;;JS:: havC! vallI: State Cert1f1c;\tioll or COlmey Com?etuncy plus County and Clt~, Oc~upational Licenses prior to obtain in?, permit. Tc;SUANr:E (W TIlTS PFl1hj.', IJ.~":<;. r: JT ^lJE ,'nEE v 1- "'.~ I'"~~. 1117 nL"':'n "....~-f"l....ro'T",..,.....\ _.. __.....__..~.... -r!::'-.."'- .....;'/V ;..-;..C:,. '~ffJ" ~J..!.-LY" ,,--=~..l_ L...:.. off"ic~5, and that to \administ.rat i ve agency shall impose a sent.ence of imprisonment, no= \rha\ll it. impose any other penalty excepc as provided by law. ~ \ The tl Local Gove~~<ent Code Enfor~ement Boards A.ct If grant.s to the governing bodies of local governments the opt~on of creating or abolishing by ordinance such boa=ds having the powe~s and duties provided by the act. Howeve~, if a local governing body utilizes the enforcement mechanism and procedures provided for in eh. 162, it must accept the prescribed enforcement boards and the enforcement procedures as set forth in the act. Chapter 162 does not delegat~ the Legislature's exclusive power to fix or provide for administrative penalt.ies or the costs or prosecution of the legislatively prescribed enforcement procedures or the collection of such penalties or costs. Thus, a local government. or its governing body derives no delegated authority from eh. 162 to enforce its codes in any manner other than as provided in that chapter. Further, municipalities derive no home rule power from s. 2(b), Art. VIII, State Const., or s. 166.021, F.S., to regulate the code enforcement boards o~ ~o impose any duties or requirements on such boards or to otherwise regula~e the statutorily prescribed enforcement procedure. See, AGO's 85-84, 85-27, 85-~7 3.nd 84 -55. _ Section 162.09, F.S., providing for imoosition of administrative fines and ti~~~, was amended by s. 2, eh. 85-150, L~ws of Florida, effective July I, 1985. Thi"so-seGt-i.on-.. now read9 as follows: The enforcem~~t .~~~. l-LpOn notificati9.tI(:b~);~~~.j~'ri~pect.O! that "'...a:" previous order of t.hi!"~~~nt .bo~~not been complied with by the set time or, upon finding tha"~~"","^~ation has been repeated by the same violator, may order the violator to pay a fine not to exce~d $250 for each day the violation continues past the date set" for compliance. ~ certified copy of an order imposing a fine may be recorded in the public "records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property own~d by the viol.ator; and it may be enforced i~ the sam8 manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shai1 not be deemed to be a court judgment except for enforcement purposes. After 6 months from the filing of any such lien which remains unpaid, the enforcemen~ board may authorize the local governing body attorney to foreclose on the lien. No lien created pursua~t to the provisions of this chapter may be foreclosed on real property which is a homestead under s. 4, Art. X, of the State Constitution. (Underlined portions represent 1985 amendments.) "L:~h~~~-~-~i~i~~~;-~~~-b~-~;~eredeb~9~~ef~;~~;~e~~~~-b~~;d~~~.;~;-~-fi~;-~~~-i~ !xcess of $25Q.00 daily if t e v~olation continues past the e set for , :ompliance _~on notification by the code inspector that rev order of the :nforcement oard has not b~.!L-c;..gmplj..~"si"_~ by the set t me u~n finding hat the same violat~Qn has been repeated by the same violator." d see, s. 62.07, ~., which provides that at the conclusion of an enforcement board .earing, the board shall issue findings of fact pased on evidence of record and cnclusions of law, and shall issue an order affOrdirg the proper relief onsistent with the powers granted in Ch. 162, F.S. . -.....; "} In AGO 85-84, I opined that s. 162.09, F.S., appears to contemplate a e~a~ate finding be made by the code enforcement. board that the same violation "------------= opyright (c) West Publishing Co. 1995 No claim to original U.S. Govt. works. ;00 ~ .Y"d 'N~31S .r Gl^,G 6SSC ZC6 sac T X,d 9t:gT I~ S6/ST/gO FLAtto~ney Gene=al Opi~ions 1986 Fla. Gp. Atty. Gen, 22 has been reoeated by the same violator prior to the imoosition of a fine fo~ each day th~ repeated violation continues.past the date set for compliance. No ocher procedure is contemplated or author~zed by eh. ~62, F.S., fer pending 0=- repeated v~tions~ It,is the rule chat,a.l~gislat~ve d~rection as to how a thing shall be done ~s, ~n effect, a proh~b~t~on aga~nst ~ts being done in any other way. See, Alsop v. Pierce, 19 So.2d 799, 805-806 (Fla.1944); Dobbs v. Sea Isle Hotel, 56 $o.2d 341 (Fla.1952); Thayer v. State, 335 50.20 815 '(Fla.1976). LThus in AGO 85-84 it. was concluded that a municipal code enforcement board is not authorized to issue an order which demands complia~ce with a city technical code provision within a 30 day period and which specifically requires that if the violator is in noncompliance at any time within one year or other reasonable time period from the date of the board's original order, the board shall meet again only to certify a fine for the time period which the violator was in noncompliance with the board's prior order. This office was of the opinion that the enforcement board must make a finding that the same violation has been repeated by the same violator before a fine fo~ each day the repeated violation occurred past the date set for compliance may be imposed by the boardJ ~ChaPter 162, F.S" therefore contains no authorization or provision for t.he -- :ontinuation of a fine against property in noncompliance with city codes following the entering of a lien against such property such that the original iien may be amended to cover any portion of the fine which accumulat~s after t~e :iling of the lien. On the contrary, s. 162.09, F.S., authorizes the entry of i i fine upon notification that a previous order of the enforcement board has not I )een complied with by a set. time or upon a finding that the same violation has \ ~e~"by the same violator. Section ~62.09, F.~., t~us requires a II !eparate f~a_ng by the coda enforcement: boara. that: do YJ..olaL.Lo!l ha:s b~~n ~~ the same violator before it may impose a fine for each date the I "epeated violation continues past the date set for compliance. Thus, while a J ien may be recorded for a fine imposed for a repeated violation by th~ same erson, such a lien is distinct from a lien filed for a fine imposed when the riginal order of the enforccm~nt board is not complied with. Cf., Thayer v. tate, supra, at 817i Dobbs v. Sea Isle g9tel, supra, at 342; Ideal Farms rainage District v. Certain Lands, 19 So.2d 234 (Fla.1944l. No provision of h. 162, provides for or authorizes the amendment of the lien imposed for ailure to comply with the board's original order to include the fine imposed by he board for repeated violations. ----- ~ ------- - In sum, it is my opinion that unless and until judicially or legi31ativel~ :termined otherwise, a municipality or municipal code enforcement board is~ . lthorized to provide for ~he continued running of a fine against a property ! mer for noncompliance with city codes aft~r a lien has been recorded against /. ~ch property or upon other real or personal property owned by the same violator 7 to authorize the amendment of the original lien to include any portion of th~ ccumula ting after the lien is filed. - .... . ~ -- ncerely( m Smith torney General ::pared by: ':ry Hammond )yright (c) West Publishing Co. 1995 No claim co original U.S. Govt. works. . 1~ ."''> FRl l~: 111 FAX 1 ::1115 \I:):: Vs5\l 11.':\. .,.,,~ ~L Attorney General opinions 11.\ \. I I) ..1. STER."l. P..\. ~1l1:: 19815 Fla. Op. Atty. Gen. has been repeated by th7 sam~ violat~r prior to the imposition of a fine for each day the rep~ated vlolat~on cont~nue3.past the date set for compliance. ~; other procedure.~s contem~lated or author~zed by Ch. .162, F.S., for pending or reoeated violat~ons. It ~s the rule that a leg1slat1ve direction as to how a thing shall be done is, in ~ffect, a prohibition against its being done in any other way. See, Alsop v. P~erce, 19 So.2d 799, 80S-806 (Fla.1944); Dobbs v. Sea Isle Hotel, S6 So.2d 341 (Fla.1952); Thayer v. State, 335 So.2d 815 (Fla.1976). Thus in AGO 85-84 it was concluded that a municipal code enforcement board is not authorized to issue an order which demands compliance with a city technical code provision within a 30 day period and which specifically requires that if the violator is in noncompliance at any time within one year or other reasonable time period from the date of the board's original order. the board shall meet again only to certify a fine for the time period which the violator was in noncompliance with the board's prior order. This office was of the opinion that the enforcement board must make a finding that the same violation has been repeated by the same violator before a fine fOe each day the repeated violation occurred past the date set for compliance may be imposed by the board. Chapter 162, F.S.. therefore contains no authorization or provision for the continuation of a fine against property in noncompliance with city codes following the entering of a lien against such property such that the original. lien may be amended to cover any portfon of the fine which accumulates after the filing of the lien. On the contrary, s. 162.09. F.S., authorizes the entry of a fine upon notification that a previous order of the enforcement board has no~ been complied with by a set time or upon a finding that the same violation has ~e:.:l r~'ge~ed by the same violator. .Section 162.09. F.S., thus requires a separate f~"1ding by the code enforcement. board that a violation has ~been ~~y the same violator before it .may impose a .fine for each date the repeated violation continues past the date set for, compliance. Thus, while a lien may be recorded for a fine imposed for a repeated violation~by the same person. such a lien is distinct from a lien filed for a fine impo~ed when the original order of the enforcement board is not complie~iwith. Cf~i Thayer v. State. supra, at 817; Dobbs v. Sea Isle Hotel. supra, at 342; Ideal Farms Drainage District v. Certain Lands, 19 So.2d 234 (Fla.1944). No provision of Ch. 162, provides for or authorizes the amendment of the lien imposed for failure to comply with the board's original order to include the fine imposed by the board for repeated violations. In sum, it is my opinion that unless and until judicially or legislatively determined otherwise, a municipality or municipal code enforcement board is not authorized to provide for the continued running of a fine against a property owner for noncompliance with city codes after a lien has been recorded against such property or upon other real or personal property owned by the same violator or to authorize the amendment of the original lien to include any portion of the fine accumulating after the lien is filed. Sincerely, Jim Smit.h \ttorney General 'repared by: :erry Hammond opyright (c} West Publishing Co. 1995 No claim to original U.S. Govt. ~orks. . . ~ Attorney General Opinio~s 1986 Fla. Op. Atty. Gsn. 22 _____________________________ Page 1928 follows ------------------------------- Fla. AGO 86-10 Office of the Attorney General State of Florida AGO 85-10 January 29, 1986 Re: LOCAL GOVE~1ENT CODE ENFORCEMENT BO&qnS :~--MUNICIPALITIES--con~inuation of fine imposed by municipal code enforcement Ja:-d against property owner for noncompliance with city code after lien on such =eoercy is filed and amendment of lien co include portion of fine a~cumulating :~er filing of lien, unauthorized. s. 162.09, :.S. ~. James R. English ity Attorney ity of Tallahassee it:y Hall !llahassee, Florida 32301 ~a:- Mr. English: ~his is in response to your request for an Attorney General's Opinion: Your lestion may SUbstantially be restated as follows: MAY A F!NE AGAINST A PROPERTY OWNER IMPOSED BY A ML~ICIPAL CODE ENFORCEMENT BOARD FOR NONCOMPL!&~CE WITH CITY CODES CONTINUE 70 Ru~ AE7~R A LIEN ~~S BEEN RECORDED IN TH2 ?U3LIC RECORDS SUCH TP~T THE ORIGINAL LI~N MAt 3E AMENDED 1'0 INCLUDE ANY PORTION OF THE FINE WHICH ACCUMULATES AFTER THE LIEN IS FILED? Your letter states ~hat an enforcement problem exists in that a significant l~be:- of property owners fail to bring th~ir properties into compliance even :~er a lien has been imposed and recorded. You state that it is possible for a ~latively small fine to have accumulated to the date of the lien filing, ~aving the board no reasonable method for capturing any portion of the fin~ :~ruing after the date the lien is filed. According to your letter, counsel )r the code enforcement board has advised the board that a lien may only be 'gesed for the amount of the fine which has accumulated to the date of filing ~e lien. The city, however, has taken the position that a fine may continue to l~ after the date of the lien filing and that the original lien may be am~nded , cover any portion of the fine which accumulates after the filing of the lien, Chapter 162, F. S., the "Local Government Cod~ Enforcement Boards Act," :ovides for the creation by counties and municipalities, at their option, of lasi-judicial administrative boards as orovided in Ch. 162 ~o enforce, "~he ,des and ordinances, which have no criminal penalty, in ~orce [therein] .,. lere a pending or repeated violation continues to exist, including but net .:-:ii::ed to, occupational license, fire, building, zoning, and sign codes." ~ccion 162.01 and s. 162.02, F.S. The enact~ent of this chapter was necessary lr c=eation of administrative enforcement orocedures and the imposition of ~~i~:strative fines by local governing bodles in light of the provisions of s. Ar~. V, and s. lB. Art. I, State Const., which respectively provide ~hat ,rr.mi9sions escablished by law or administracive officers or bodies may be 'a~::ed quasi-judicial power in matters connected with the :unc~ions of th~ir Pi'=ight (e) West: Publishing Co. 1995 No claim to original U.S. Govt. we::-ks. )0 ~ . y' Q . ~l1:US . r a 1.\ ya 6~gC ZC6 iCC \ XYd st:~T l~~ ~6/gT/gO I~~ III I .,.,;i \\."}:: J~:)\\ 11 S. :: ,'} . ~I S l-lU 1 L ~ 1 F ,.\.\ 1 F~'At~orney General Opinions ll.-\\ ill .,l. ':iiLH"" , I'.:". Fla. AGO 93-: ___. ___________________________ Page 321 follows ---------_____________________ Fla. AGO 93-84 Office of the Attorney General State of Florida AGO 93-84 November 24, 1993 Ms. Kimberly Register Attorney, City of Lake Worth Code Enforcement Board International Building, Penthouse East 2455 East Sunrise Boulevard Fort Lauderdale, Florida 33304-3119 Dear Ms. Register: On behalf of the City Council for the City of Lake Worth and the Lake Worth Code Enforcement Board, you ask the following question: Does a city commission have the authority to reduce a fine that is imposed by a local code enforcement board p~rsuant to s, 162.09, F.S.? In sum: A city commission does not have the authority to reduce a fine that is imposed by a local code enforcemen~ board pursuant to s. 162.09,f.S. Part I of ch. 162, F.S., the Local Government Code'Snforcement Boards Act (act), seeks to provide "an equitable, expeditiou8,._ef~ective, ansf:i:nexpensive method of enforcing any codes and ordinan~es in Eorca in counties~~nd municipalities, where a pending or repeated. violation cont.inues to_exist." (FNI) To accomplish this purpose, the act authorizes.~e creation of administrative boards with the authority t.o impose administrative fines and other noncriminal penalt.ies. (FN2) Thus, the act grants the governing body of a county or municipality the option of creating (or abolishing) one or more code enforcement boards which ?ossess the powers and duties prescribed by the act.. .!f a county ~~. nunicipality utilizes the enforcement mechanism and procedures provided in Ch. c62, F.S., however, it must accept the prescribed procedures set forth in the :ct. (FN3) This office, therefore, has stated that a local government. or its overning body, derives no delegat.ed aut.hority from Ch. 162, F.S., to enforce ts codes other than as provided in that chapter. (FN41 In addit.ion, it erives no home rule power from s. 2(b). Art. VIII, State Const., or s. 56.021, F.S., to impose any requirements on such boards or ot.herwise regulate ,e st.atutorily prescribed enforcement procedures. (FNS) Section 162.09, F.S., authorizes the imposition of an administrative fine by code enforcement board, upon notification by the code inspector that an order the board has not been complied with by the set time or upon finding that a peat violation has been committed. (FN6) The fine may not. exceed $250 per y for a first violation and may not exceed $500 per day for a repeat )lation. (FN7) In determining the amount of the fine, s. 162.09 (2) (bl, 3., provides that the code enforcement board shall consider the following :tors: yright (cl West publishinq Co 1QOC 111~ \1.1:: ,1,~ ')H ll,'S1'l~5 FRl l~,:::: F.....\ 1 FL:Attorney General Opiniolls ll.~\lll .1. ~lLj(.,. l'.:\. l~J III ) Fla. AGO 93-8 1. The gravi ty of the viola t ion; 2. Any actions taken by tbe violator to correct. the violation; and 3. Any previous violations committed by t.he violator. The code enforcement board, however, is expressly granted the authority to reduce a fine imposed pursuant to s. 162.09, F.S. (FN8) Section 162.09(3), F.S., provides: A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into cQmpliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After 3 months from the filing of any such lien which remains unpaid,.. the enforcement board may authorize the local governing body attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. (e.s.) I am not aware of any provision in'Part I, Ch. 162, F.S., which ~~thorizes the governing body of a municipality to reduce a fine'imposed by the code enforcement: board. Rather it is the coce enforceme~i:. .qoard that ~mposes the fine and has been given the express statutQYY authority to reduce "'the fine. In addi t ion, it is the code enforcement board',' not the governing body of a' municipality, that is empowered to authorize the forec~~sure of the lien after three months from the filing of a lien which remains unpaid. In light of the above, I am of the opinion that the city council does not Jossess the authority to reduce a fine imposed by a code enforcement board Jursuant to Part I, Ch. 162, F.S. ':' .------------------------------ Page 322 follows ---------------________________ ;incerely, .obert A. But terworth ttorney General Nl Section 162.02, F.S. ~2 rd. In light of s. 1. Art. V. State Const., and s. 18, Art. I, State Const., this office has stated that the enactment of Ch. 162, F.S., was necessary for the creation of administrative enforcement procedures and the imposi~ion of administrative fines. See, e.g., AGO's 89-83 and 89-16. And see, $. 1, Art. V, State Const. (administrative bodies established by law may be grant.ed quasi-judicial powers in matters connected with the functions of their office). and s. 18, Art. I, State Const. (no .;td",ini3t:.rat.iv~ pyright (e) We~t Publlshing Co. 1995 No claim to original u.s. Govt. works. 1 .1115 0.1~ .1.~')~ 1I.'! ~ l 3. \15 FR I 1 ~ : Ul F:\.\ FL Attorney General Opinions [):\ Y 1 [) .J. STERN. P.:\. (fj 11111 1986 Fla. Op. Atty. Gen. 2 ---------------- Page 1928 follows ---___________________________ Fla. AGO 86-10 Office of the Attorney General State of Florida AGO 86-10 January 29, 1986 Re: LOCAL GOVERNj'olENT CODE ENFORCEMENT BOARDS ACT--MUNICIPALITIES--cont.inuation of fine imposed by municipal code enforcement board against property owner for noncompliance with city code aft.'er lien on such property is filed and amendment. of lien to include portion of fine accumulating after filing of lien, unauthorized. s. 162.09, F.S. Mr. James R. English City Attorney City of Tallahassee Cit.y Hall Tallahassee, Florida 32301 Dear Mr. English: This is in response t.o your request for an Att.orney General's Opinion. Your question may substant.ially be restated as follows: MAY A FINE AGAINST A PROPERTY QHNER IMPOSED BY A MUNICIPAL CODE. ENFORCEMENT BOARD FOR NONCOMPLIANCE WITH CITY CODES. CONTINUE TO RUN AFTER A LIEN HAS BEEN RECORDED IN THE PUBLIC. .RECORDS SUCH THAT THE ORIGINAL LIEN ~~Y BE AMENDED TO INCLUDE ANY PORTION OF 1!JE FINE .WHICH\.'ACCUMULAT~~' A.FTER THE LIEN IS FILED? .'. . . Your letter states that an enforcement problem exi~~s in that ~ significant number of property owners fail to bring their properties into compliance even after a lien has been imposed and recorded. YOll state that it is possible for a relatively small fine to have accumulated to the date of the lien filing, leaving the board no reasonable method for capturing any portion of the fine accruing after the date the lien is filed. According to your letter, counsel for the code enforcement board has advised the board that a lien Il)~Y. only be imposed for the amount of the fine which has accumulated to the date of filing the lien. The city, however, has taken the position that a fine may continue to run after the date of the lien filing and that. t.he original lien may be amended to cover any portion of the fine which accumulates aft.er the filing of the lien. Chapter 162. F.S., the ~Local Government Code Enforcement Boards Act," provides for the creation by counties and municipalities, at their option, of ~uasi-judicial administrative boards as provided in Ch. 162 to enforce, "the :odes and ordinances, which have no criminal penalty, in force (therein] vhere a pending or repeated violation continues to exist, including but not limited to, occupational license, fire, building, zoning, and sign codes." ,ection 162.01 and s. 162.02, F.S. The enactment of this chapter was necessary :or creation of administrative enforcement procedures and the imposition of tdministrative fines by local governinq bodies in light of the provisions of s. ,Art. V, and s. 18. Art. I, State ~onst., which respectively provide that ommissions established by law or administrative officers or bodies may be ranted quasi-judicial power in matters connected with the functions of their opyright (cl ~est rublishing Co. 1995 No claim to original U.S. Govt. works. ~jJ/5~e- ~'II1; ~/:" 6. The Ci!J1 of Boynton Beach ,-..~OF2BBarr~ I_Jt~ J ..... tfc Ail p.o. .-",. &.... r ....... ....11.. .t.I4IJrS<<t1. HKJINB: (.St5I) 78 ... FAr: (!l6l) 7G Al'N April 6, 2001 Philippe Symonovicz, Bsquire The Advocate Bui)dit1g - Yll'St Floor 315 Southeast 7. Street . Fort, Lauderdal~ ~ 33301 R.e: City Hens on 925 Greenbrier" Drive and 809 Soud1 Bast 4th Avenue Dear Mr. Cymonovicz: .110 This is in Ie8pODso to your 1ettor of Ap.il S, 2001, 10 dID aty V~.1Curt :Brcssooc, requesting payofffi&ures on city IiaJS GdI.ro.......... i.. tbc aboYe &~ ,plup;;a_ boJnr9ng to your cHant, Mr. .Andre St.luste. "The teq1JCI8ted fipms am pvrided below. As to the plO}lClty Iocakd at 92S Gawmhri<< Drive (Case #99-2187), the ~ Compliance DivisiOJf~ indicates that 1he pritJcipal8.lDOUDt ouWtaNfing is $11,675.00 plus $634.12 in administrative costs, fora total ofSl2,.309.12. NWmlr . Cc: James A CIBo( City A1tlI-.--y Kmt BPcsncl~ City M~ ScottBJasie, Code ~~ Supcnisor A:ndm St. J1IsIe ~ . -,..... AalaDy-8I,jaIID I am advised bytbe Code ~~Diy-... tbataam,..,two _~y ClIICIimbering1he propw.ty.located at 809 SB 4. Awrwa. The fiat Jim (C-" 99-3059), has a priDcipal amount of $10,025.00 plus S730.50 in .mnin~~ costs mr a taIa1 ofSIO, 755.15. I am. also . 1hD tota181DOl111t ~..._ting 88 of1Ddayon the 8eOOIIII1ial 0-# 90-2000 is 00. This lien is stiJl active and 1Il>4..d",__ ~r 81: the DJte of S2S0.00 pel' day until )'DUl" client. - inID ClIIII(lIiaalle Lj if 0 1J Ii / lj ftvt. Shouh:l)'01lhave ~adr1mnnal ~ ,teUEt Ci-"'~me. L\ e.. ~ t-f LtO tJ IS. 1/4. A Ye- t- r ~ .,J ..\ S 0 V~1mly)VlllB, ~ q&-5J 750' 0 c:: -P-'-' ~LJgwe .AASistaot City Atto.mey ~Dq S. ~ '-f ~/O.' Od-5.( PtMA .30;50. q~5 ~~.De.\V'~ \'2-, 30Q. L?- - -e --J ""'=. The City of Boynton Beach OFFICE OF THE CITY AtTORNEY 100 E. Boynton Beaeh Bouleval'd P.O. Box 310 Boynton Beach, Florida 33425-0310 PHONE: (561) 742-6050 FAX: (561) 742-6054 ~r' c(... .~ ..1; ( ;..--< ,~ . ~" \ '0\-1 . April 6, 2001 Philippe Symonovicz, Esquire The Advocate Building - First Floor 315 Southeast ih Street Fort Lauderdale, Florida 33301 Re: City liens on 925 Greenbrier Drive and 809 South East 4th Avenue Dear Mr. Cymonovicz: This is in response to your letter of April 5, 2001, to the City Manager, Kurt Bressner, requesting payoff figures on city liens encumbering the above referenced properties, belonging to your client, Mr. Andre St. Juste. The requested figures are provided below. As to the property located at 925 Greenbrier Drive (Case #99-2187), the Code Compliance Division indicates that the principal amount outstanding is $11,675.00 plus $634.12 in administrative costs, for a total of$12,309.12. I am advised by the Code Compliance Division that there are two liens currently encumbering the property located at 809 SE 4th Avenue. The first lien (Case # 99-3059), has a principal amount of $10,025.00 plus $730.50 in administrative costs for a total of $10, 755.15. I am also advised that the total amount outstanding as oftoday on the second lien (Case # 90-20001265), is $925,750.00. This lien is still active and accumulates charges at the rate of $250.00 per day until your client comes into compliance. Should you have any additional questions, please contact me. Very truly yours, ~~_/- ~ Nicholas 1. Igwe Assistant City Attorney -e ~ NWmlr Cc: James A. Cherof, City Attorney Kurt Bressner, City Manager Scott Blasie, Code Compliance Supervisor Andre 81. Juste Ca/deptlctiymanagerlletter Attorney -St.juste America's Gateway to the Gulfstream e OWNER ST. JUSlE CONTROL NO. ]J2u6-t BUSINESS NAME '5T~'JUSrE. ANCRt LOCATiON 44j(J',,:N~E. IItTH AVE. CLASSIFICA TION ~ul~l. APA~r~lNT~ SI.JU~lE. Af\~~E 925 GRI~N~RtAR O~IVE .PGYNTON e~~t". fl 3343~ U.....vUI 1-' 111...JI\lf....L L;.'-,..L".._:..... I\'EW RENEWAL A cAirE ISSU~D 101 () 'J 19 P LICENSE FEE 1 T. 'yO DELlNOUi:NT CHG, . L \~ TRANSFER FEE .L.:l ~1.0 LICENSE .IS:;UED f-OR THE PERIOD DC roBER 1. TO SEP lEMBEIl 30 . .1990\ 1 .~(l9r' UST BE CONSPICUOUSLY 1~ISPlA YEn TO PUBLIC VIEW AT BU~INESS lOCATION ( NOTICE: This license becomes NULL and VOID ii' ownership, business name, or address is changed. Licensee must alfply to license Depart",,,nt for Transfer. The mistaken issuance of a license shelinot be deemed to be a waiver of any provision of the City Code nor shall the hsuance of a license be , CI..I~"ued to_be a jud~~~n~the ~~,~~o~petence of the applicant to tra.:.'~~ ~___ I RETURN TO.: f. . . ~ ARST CLASS MAIL ... ~= CITY OF BOYNTON BEACH u.s. POSTAGE 1 Po. BOX 310 PEA~~DNO. 2 = BOYNTON BEACH, fLOAIDA 33425 -~, RRST CLASS MAIL - ~a95 4U~~ .. OCCUPATIONAL UCENSE CONTRCilNO. -1 13208-1 ST. JUSTE, ANL' RE -'-J PLEASE RETURN BOTH PORTIONS OF THIS NOTiCe MUST BE RE1URNED WITH YOUR PAYMEtlT TO "'SURE PROPER CREOf; TO YOUR ACCOUNT PAYMENT DUE: SEPT. 30, 9 0 '. .,A I...:~:~, }""~ ':~: ., RENEWAL NOTICE 1990-1991, OCCUPATIONAL UCEN6E ST. JU~Je,,,NDRE 925 GRE.ENBQ"JAR DRIve BOYNTON BEACH,FL'.' )'3435 L\,tM:~~i~~~ I I ALL LICENSES OUE AND PAYAB~ ON OR BEFORE SEPTEMBER 30. r1.9~O. . LATE PENALTY OF 10% IF PAID IN OCTOBER PLUS ADDITIONAL 5% PER MONTH THEREAFTER, NOT TO ExceED 25% 13 208-1 ) I . , IF OUT OF BUSINESS PRIOR TO OCT. 1st ATTACH LETTER AND RETURN BILL INTACT. , PLEASE SEE ADDITIONAL INFORMATION ON REVERSE SIDE '_.__ __~_.~.......J-_w_._- --.---...,.-.,..---..---.--- -._--,.- -. ---, ... ? /~.;- I .~r The Palm Beach Post. i, SUNDAY, JUNE 17, 2001 BE,~PREPARED ,.. A hurricane readiness session at.. the burial site of Storm 9f '28 . . ~ictims draws few resid(3nts. ",,: STOI,IY,118 ",; .,{ \. "?7<>" / .,1,. ErJJr 9~'- I' 1jr~~~ ' ;0;.-; ,-i ~t>' :" r...,~.:' T. ...."'t. ',J;-_E ",<~ _ .... . .'- - ~~"::"}L~~At2~' ..}~~:;rt; __. :'1-1" i .... ,'-. .-..--~. - ... i, SUNDAY, JUNE 17, 2001 ., /~r- .~ fj , >C" ~'.' rJ The Palm Beach Post. s SECTION a ~. LAGOON DISPUTE '!,' ".'. Plans'to ;turn lake WO'rth . ., u,,~ .". . <'"(; , wa~~If(ort in~o a wil~gli.fe refuge' _1 ~!1l?9LJmer prptests~~.> ... ,,:.~, I: .STd,~Yr58 "rt, .$1,';" ' . .. l;~[\i;,;tT :ii . .~~'" ;,.', I,., ., ',,', ,'. "",,,' .... .~, " i' ~~ ....,", . .. .,' '. ~~i.. ';1 ' . .,:; I c · 11 'If" 1~:";; \ll'~;~;t ; j l1i ~; " , 11" ;;L';" !l l'l~r.;L I ',' it \ iIi6Si;,Stl";" tlirOlf-'II ,IIi'e araCI<;Sli ~"c~ ' t~ "'" J1 ';', '~;', ' ~~ :~i: ,/ "''1;}, :\'.,r(?',' ,.~~:}/J!'. It .. .:~ 1',., <, ".1.i'r <. , . Ii' ~ '" ". /'~ 'I' J. >" . '!' ,", .", ;' " ....,.. fl~." !!t . slikd~~i:,'ruili'~o~, ".~~/ , "-Basica11y:iwe want'~e '~i~~b- w~ ^ 'r>>' av und ~~.:~ . ~~n!" ~s~~ . ili~ ~- :" ":.d ~t;~~~~~'~~attorJI;th~ 'Ii' nS,,::on~' .~s '~r?~etfY?' I "<:9~~et 'ear-<?I~~~~aI~::Americ~~~~R has'U':'~~l,:' I y, ;:n~ae >>. ~ l~'S~~. '.;\'~ . ,..; . 1J": ' Bpmro:p..~?11~69. ::~~"~~~. < ,f/_!~.~t.; I. ietd,ofMt ,ho}~;;^;.C .cod.. _ clalssa" ey _ een ,~~... "j't\."!,' ~'''f.- . '1,..th'th' ~"~7b;!M "0' '" ". "'. . ,',.., il'~~Tl:_ '::I "^""""'th t .t'<".... t'.' eLug~ WI e Cl"J.. egan-m ~.~ J>O~ April:20, filed 'a'fed~.__l'w P'llug. to u~ Just a as ~Bqp a~" s e ;'. 90:,c fllt]usre' \faS .cited for nd'fhaVing.a ~:; ~1ral .I!r-l"'t~.~. ....s'tf. !ili:~s ljq~nseg~ont:ract<?~s. tq~'p~ll ,d- $~ b,' .ding'Begbin6jepair 4lfe ,idbf ~~ .', :~.:,the cd::, St". s" .,.. pezmfts fo parr~ he .s.'!k~aay..., ne. .: the< storyka4th Avenue liorner-last ~,.beha1f. ;, .,pa~~~p9. 500 _m~~~~~J' .ye sed.byHiePalm13eacl1',';' .' tY. ,.' ";.""', . d nses ~WJ" '. ,.~-" . ,,' , .' '~ .~ . ~. , '\~'''''. ..He s .:Tacial B ~s' 't"~<.:r 'h' :"r ,;'''':':l,. . praIser. at ''(3,Z64:-:, '7? i \, "d" ""'S ut.:;~.jI .,WOjunsu~~ss. ,,, .'?,...1.:i/"'"'", .0...." ': lscr <?J}: '.' t~. ~d to pai;'C) $35 fee':Jas~.week;:sa !I1amtaineu:,he .d~~.t ~~e..,::I" . Juste,., .:~aI4,. .he ~~~i)#er'y~ari~,f dispti~~~.:and at'~eas '''~ "" .,' because th~t~p~s.;wel};;nu-~r I " worket..,,,, "lJri1ous~e ;';.twg~:~0i1fimle!l5m9idents: of.;b.e,ing ,:fined, 9I':~Jl;1", g.e, ordered me~lati?n, ~ut~' ut 15 years 'before .Pis.. ',fit;, "ecessaru '.'he':: can't' t.n1st 'code~ offi-' < T. ;~at,;'pro.':'e(! successful, ~'~e "couH(iJi; .. t' #..; ..... (. ......../t' ~y,-, '::J..&i:'" .. .1" ""q~~"',- . ~_'"' 'l.' ..cR' ~ .", cosmelcsoverseas,ls, sH~./_:;',:,;.,:"".'"' '<',;IDrntF,~,(";f'~iJ'.',,e'~~' '~~:;'~I';"'C~, -,: Ce." ':&:""'.;(;~",,~' ~'."-" I 4 '!,\~cO" . ~l~~~as~~l!f~~;~~:! ~',.. ,'1~f~1,~J?~'~"~~~~'~i; J ;.;/~ ~{::.,~~-t~t1:~~~' ..,:~~.~:jt, _. :lS:~ ( "~' ., _ _ ~"'"'. . BE .cpREPARED A. hurricane readiness session at, the burial site of Storm of '28 . victims draws few resid~nts. STO~Y, 118 ": ,,:, . ",1" ,.J ,i( . >~r <i'~ . 't.~ .~t> .' ~r::~;;..~;. . :tf. "''!I.. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT'S AGENT: Mr. Michael DeSimone Developmellt P&Z Building Engln..rlng Oce. Lice... o.puty CItJ CIIIt ~ .. ..- PROJECT NAME: Ocean 95 Exchange Plaza APPLICANT: Mr. Michael DeSimone APPLICANT'S ADDRESS: 6462 NW 63rd Way, Parkland, FL 33067 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 19, 2009 1YPE OF RELIEF SOUGHT: Request a one (l)-year site plan time extension until February 23, 2010, to construct 133,911 square feet of office / warehouse on a 6.77-acre parcel in the M-1 Light Industrial zoning district. LOCATION OF PROPER1Y: 514 though 518 West Ocean Avenue, which is located on the south side of West Ocean Avenue, directly abutting the east side of the C.S.X. Railroad tracks and the west side of Interstate 95 (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" AlTACHED HERETO. X THIS MAlTER 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 ~NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby _ G.BANTED subject to the conditions referenced in paragraph 3 hereof. ~ENIED 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 orde DATED: 7. Other ~ LOCATION MAP Ocean 95 Exchange Plaza Exhibit "A" 200 100 0 I 200 400 800 I Feet N W+E S 600 ro ~ - ro h I ... _ _ _ _ _ ~..'~~:r_'!.~:l\'l\'::: _ _ _ J~ I - - r 6'. ARTIAL SITE PLAN - North ~To-C.HL I.=~ r .. .']1 .tc: , - \ "'-:.:': \ C "". L--.-t-~~~-_t_---~~~ - I I I I I \ .~ ,..-;j '~f ."!"-1"r~.~L ':u :.-.~ :.~.:,::]"-:._~.. .;; ,. :./1.; ,..... '0 ~ l~ .~~iPARTIAL SITE PlcAN - South LL 2l-$>lJ'OCEO 21'" CALC ~" ,.~;"~:,:.--------- ,__-- I~!:~~~~~;::~~~ l~~g~~":;::~'l~"- --::-. --=-' -; _.. _ _..... ..,:::. ~-= !~~:;m I-JO-a3 ,... .. - ,- SITE AREA. -6 ~;8- - - - - - - - -- - I.'"' ("plU".lCl Don':cODUS:' -O.l36 Acre. : -: &: oua P~Cl~J~ _ _ .----- --~ _~:PlcllljD_ !'1l.a~ r...!~!:.\l_ _ _3eJ.5,,;" !ISI.-O_"l~:..l>'_~Il- -... - - -. -- ~""""'L'" """= - ,.. LtU.N<.... cm'l ~:}- ~!o~1C ~i> 'i\nSTii'S) Lh .~~ ;n~"-I' ....::::-- ...-... 1l<T:I:I:><l1':o:u.o uu~= ... I\IDGS"PT1STI'~ ~ ~E:;' :::~::":~:'l~~~~;;;~:::' ~.~~::.:::~~,,,-",,-::-~g"F'''''~''- -, ~~"'::'''~;''='''H' -. ~~~=""H" \"'-.'-/~.,:'.III~.Q;~~')J ,,_::::::.~,.....,-:;.:~".:-, ~ii"'::'.",';-;:'::";~~_-'"<ol,:::,.:-.,,~~m-'M~,_::"'1:~~;r.n)_.....t1i' do. ~:.::..q.u. IF"-'""-~'~-' ~n _'n~) ,_.n '_n__........ '\'_'~""" "0'-' , ~...~'..n~n' .....U).. ".--.... !:NIil ... - -". -" ' -:::: :;-.:::-:.-"; - "".. - . ""~ ' - . - =-..:: ;:. - -....= "" -"","".,:,::"'" "''-- .""" ,_. ...-.. .." ~' - - ." :.::;::.:".'" " .." . _" ,_ . ._ " ::::-_".''5;, ~~, ,"';: ::' _. ;:"_ -:::.-: ""::: ::".. :?'.iO''':'~~''''- . g~.~.;.~.:.O.~~.:,~.'..'.:.':;1~.,~1:J au:! ,... 6'. '''''-OO-Z2 ," .""'. """"... ' .~, .....- n_. n~ ~, - .....~,.,.,. ..'......,~t.:~ -. ~'t . ~.~':.",n.----....... ,.. ".. .. &_ 'XC.'N"~~~"^,m,'" --. - " ,,,. -OO.Z2,,,,, "'..,.,,""',... in .".'7,,:..,::......u.-. ..."'-'....:.:,~;, -.... ,,- Boymun Beach, Florida SITE PLAN Hu-n.." A-G.l "......Ill ....~_ H".."......:~~~:;.: I .._- :: r-- - I I r= ~f:cJ a p~ i: i ~. H 3 ~ i ' :::J (J p (J ~~ii ~; ~,~ e -U , l.~ . ~~:::J (J ,",=:1--- i==- , P [jJ :::J 0 ~ % ~ ~ :r . ~ p [J .., ;;; T :::J Q ~ - ;;........ ~~~ I ,,"" z~ ~5 z ,. :::J (] :::J iii :..::J f3 >> I 7"- o ::::J III , i ~,~ } "~I!'''' Jr~ ~J' .~rg I ~~~ L- _II. e l! 11 I J~~. ". ~J: ,t ~ f~~ '~, ~ ~ ( :-J . e 'r ........ .~hj ~ II II n <: p > ~'i ..., iii ~ ~H ::::J_ 0 :::J,.-o ::::J rn ...- - ij ~ii -j L-d , ~ 2- Ii J..;lMI Ilt11:': : n .<:" . a~ .';':':~' .n1 Q :-Jr-' .~ ~ d... ~I~ ~h 'a ~~ ~ .....;.,.,-,.,. ..'::'.""::::.";',.' ~ 1-; ~ ";:" .l::..,~:. . ~ J . ~lll;~I,~. '~:';<':;:" ~:':':''; ; . :::J = ~ ~H~ .. .. .~~~ I..:~':m;.,~ Irf ." ~ II~]I~~:'. . t11f:1E ,. , ",...:':.: :~n =:;,."~;~: . ~~;g ~~il~ _ II j~!~ ' W~ ~dj :::J J,gi I . . Rig SB'ld . ..,<, II~ ., .,:, Fr' "':j '-. ....._~~;: hi ..."..."."......:i;;. l' . ,."".'~:.,,,., . _R::;1. .. '.i I~ " : ~;,::-t. II ---- ~'rnl !l ....:......:".:~il ' ;.01:, ... to or: ,t 11i:,:..,m;':~~J:1 II!~ Q i' R U ~J! I ;. ~e il~i --.,. i -j ~l~~ I . ~ J .I~~ ~ Y i~fi ~~ ~~~.. .. Ii ..... f'~~.' . "'U ~~I I ~I t: :U Il .!ll, ~!i,,'r j . . . . ~ Uf iL---,l [, . ! Zffi I i\~m1t ::"".>,:;::.:.,/.,.11:1 b - .-~ S-H1 ~ 1.'''.'...........1'''.''.'.. .. ' ,'....t::. ., ..' . ,;. ~ ~. , . -{. .~.. {i:,: . L2'l~!\I~.,,{;K. : p . it ~[ 1= lJ: !~h, ~~ l-ms m ;~!r _ ~~i:1 " ~ W- :> ~.~ . r~~;R'. ~. Z ~ ~I~~~ ~~ii;t; I' ~ . jl 0 . f~8~\~~.. J I ?d tTl ~R~~ I I I, >-J L' _ll~'~~ I '"T'" t'11 II' .: ..... < ... .,. ~ t'11 g l!llr!" ij!l ~ z ~~ \ 3~~g :j d~ ~i\ 0 R,r I HI Z ~!! ' U ~I ~ti ~~ ~j .~ J~ - ~~ ~ l~ .! . ". 'n~ , '!' ~~ g -~ HIBIT B ~ "" \ @ ~ elolil@ €l["1i i.~g ~nnn~ ~ \ lr qPihl ~ I~ an'sPq i ip I ~ i ni ' j !In ~ Ii r i pp"~~i . i ~ll U n ~ If II! I . L...:-J Ui ..~ ~'i I-- - Ji~~ ~c l'~~ ~ ~~I' ei ; ~~ ~ ~ V -Ii :": I' ~B ~l'l ~ ~~!'I~~ rl~ ,i~ J ~!. fi~ lRJ ~~ H'! ~~I~J" II IS ~ s<< ~n I . iUi ~NHit j i U ~ji! 3' ~t~ !~~i : . n -I~. . I ~~ II en ::) C >-J ::r: t'11 ...... :n < >- ;:j o z - in 1I , ~ r fl. ~i , , I f . < I I, l i ,. ~!l 9 f ,f). ~ ~f ,tlif ~ f f if: r I i : !/ i, , I 'I !i EXHIBIT "C" Michael De Simone 6462 NW 63rd Way Parkland, Florida 33067 qj~4 &(JC(- 3q4j--- February 5,2009 Michael Rumpf Director of Planning and Zoning The City of Boynton Beach Development Department Planning and Zoning Division 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Ocean 95 Exchange Plaza File No: NWSP 06-020 Location: 514-518 West Ocean Avenue Dear Mr. Rumpf: As you are aware, site plan approval for the above project was previously granted by the City Commission. With this letter, I am requesting an extension to the current site plan approval for an additional period of one (1) year. This request is being made on the basis that current economic conditions are not conducive to undertaking this project at this time. We are still committed to the successful development of the project in the future as economic co itions improve. ~~~~DW~iQ) FEB 17m PLANNING AND ZONING DEPT. EXHIBIT "D" Conditions of Approval Project name: Ocean 95 Exchange Plaza File number: SPTE 09-005 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 FORESTER/ENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval ') .. DEP ARTMENTS INCLUDE REJECT 2. If a building permit for the project is not issued by the end of the build-out X year of 2009, an updated traffic approval letter from Palm Beach County Traffic Engineering will be required (prior to the issuance of the permit). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. The applicant shall seriously explore the southern access route, as opposed to X Ocean Drive ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean 95 Exhange Plaza\SPTE 09-005\COA.doc