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AGENDA DOCUMENTS MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA (4) Project Name: Agent: Owner: Location: Description: SEPTEMBER 12, 1995 Washington Avenue Agustin Hernandez City of Boynton Beach Washington A venue, west of Seacrest Boulevard Request for abandonmenf of an unimproved right- of-way between N. W. 12th A venue and N. W. 13th Avenue, west of Seacrest Boulevard. Ms. Heyden pointed out the location of Washington A v.enue on an overlay. She advised that the total width is 30 feet, dedicated 20 feet wide by one plat and anoIber 10 feet by another plat. This right-of-way basically runs through the school campus. Corneast has not yet submitted their comments, and Ms. Heyden has still has not received the clarification letter from Florida Public Utilities. They originally indicated they needed a separate easement, but Ms. Heyden was not sure that is ttue. Staff recommended approval of this abandonment, subject to compliance with any conditions from the utility companies. .. No one in the audience wished to speak for or against this abandonment. Therefore, Chairman Dube declared the public hearing dosed. , Motion Mr. Titcomb moved to approve tile Washington Avemae request for abandonment as listed on the agenda, subject to staff COIJIIIICDS. Vice Chairman Golden secoaded the motion which carried 7-0. (5) Project Name: Agent: Owner: Location: Description: Cherry BIDs Plat, 1Ats!OS - 517 Agustin Hel'ftJlndez Palm Beach County School Board Cherry Hills Subdivision. Lots 508 - 517 Request for abaDdOIllDed of a six foot wide utility easement. Ms. Heyden reviewed Planning aad Zoning Department Memorandum 95-475. A response from Comcast has not yet been received. Florida Power & Light ami Southern Bell bad no objections to this abandonment. Staff recommended approval of this abandonment, subject to any conditions received from Comcast and any cllICmeDtS that may be necellary from the Florida Public Utilities Company. .~ ..... -~ ..~,~~ - - .- ";""- .".~..~, t.. """~""',,",~ 9 -- -, ,",'~.....-~~, ," - ,- ','-'- -'~ ....~ ~1" MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 the amount of $5.028.00. Envirodyne. Inc. was the lowest, most responsive, responsible bidder who met all specifications. 2. Award bid to J. C. Food Service of Lake Worth for the Annual Contract for Delivered Refreshments for the Rolling Green Latchkey Afterschool Program The Tabulation Committee recommended awarding the bid to the above-named company in the amount of 63 cents per snack, per child. 3. Approve extension for an additional year for the Co-Op Annual Contract for Gasoline and Diesel Fuel Mayor Pro Tern Matson pulled this item from the agenda for discussion. 4. A ward bid for Annual Supply of Electrical Materials to various bidders A wards were recommended to the lowest, most responsive, responsible, bidder meeting all required specifications on an item by item basis. The manufacturer's discount was awarded to the vendor with the higl1est discount off of the manufacturer's list price. C. Resolutions 1. Proposed Resolution No. &95-158 Re: Abandonment of a six foot wide utility easement in the Cherry Hills Subdivision Lots 508 - 517 2. Proposed Resolution No. &95-159 Re: Authorizing final payout to C.D.B.G. Contractor - Rosso Paving in the amount of $4,854.14 3. Proposed Resolution No. &95-160 Re: Authorize execution and approval of Maintenance Agreement between the City of Boynton Beach and CPT for computers 4. Proposed Resolution No. &95-161 Re: Authorize execution and approval of a Training Center Agreement between the City of Boynton Beach and the American Heart Association 4 '-" MINUTES CITY COMMISSIDN MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 Motion Commissioner Jaskiewicz moved to remove the appointments from the table. Commissioner Rosen seconded the motion, which carried 5-0. Mayor Pro Tern Matson appointed Betty Boroni as a regular member to the Cemetery Board, without objection. She appointed Mary Toth to the Senior Advisory Board as a regular member, without objection. Vice Mayor Bradley appointed Marion Moore as an alternate member to the Senior Advisory Board, without objection. Motion Mayor Pro Tern Matson moved to table the appointments that have not been filled. Vice Mayor Bradley seconded the motion, which carried 5-0. '-' Motion Commissioner Rosen moved to approve the appointments as indicated. Vice Mayor Bradley seconded the motion, which carried 5-0. III. CONSENT AGENDA A. Minutes 1. Regular City Commission Meeting Minutes of September 19, 1995 No additions, deletions, or corrections were made to the minutes of the September 19 meeting. B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted Budget 1. Award bid to Envirodyne, Inc. for the Annual Supplemental Laboratory Analysis for Water, Wastewater, etc. The Tabulation Committee recommended awarding this bid to the above-named company in 3 '-' \ Page 2 Memorandum ~95-381 ABAN 95-002 RECOMMENDATION staff recommends approval of the requested utility abandonment, subject to compliance with any conditions that may be contained within the forthcoming responses from FPL, Southern Bell and Comcast and to the conditions from Florida Public utilities Company. All conditions of approval shall be satisfied prior to the City Commission's adoption of the resolution finalizing the abandonment and recording same with Palm Beach County. 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O.t A ~i ~ z <: -4t ~ ~a t J.cd"'~:1 aJE "~8.~ ~ZJO I:\; ;"'j ~~ :~:I '>811'"' - -, ~to- .O'Z.~~..Jt"2l904'79'-"~t'- 4~.~ ~ . ~~ ";':~-;";'~;'f~.". s ' ~ ""'''''t'!'' ""~'.~~b~ ..~ ,:~ =~;' I;.~~r~~';'~~:~~~~'~r ~.gi ~1I ~ ~ .. ~'''''P'L ...' ,<>a'a2H t::::==. .....~'.,"'lT.."~_~.:>>_~o~"!-E.;; -\:...._H ;" :""~'~:'-+--~;-~:;~:~".,-:'''''_k7''~'':'';'''N- ;.~ ,~;\~.. ~'_._ '; ,.:'. ~:.,"~~~~~ ~=~;~~;~,~~~. ~;;?";.~~"~-;; I It'~e'A.'CR.EST BOULEVAR.D --~. If' - ~ fIO' A;IQ;6't 0' oJ;.' i~ I' ! 11 ~ z Ii: !":j . i ~ . % .. r o ~ . J> < :m " . o .. ~il I~ :8 'c z > ~ D~~ ~("'~ . Ili ~ o :ijl:i~i ~ .j ~:lj:"'D' e ,~ __H iJl~; '_~ ~. - 0": I i - 6' q: ~u ~ '. i'" l> 'I '____ BOUNDARY SURVEY I=OIl. PALM BEJ>.C\-l COUNTY 5C\-lOOL BOARD POINCIANA ELEMENTARY 5C1400L .. r .. ... x: " ." .., -< '" 8 " r. o ~ m ~ m .. o r: m c;. I -i '" ,. J L OO! ~i! , _,~l .~ ~~ i; h 'I H g:: . . ~ If:J .. r o " ~ 14'5" " iil ~i~ ~.I i.; lI~k ;, !_I ~: !3 --''''I' !~Fl' lit' . HH: ~H~! fff !: 'HI 1_., j'i" lill 'IB " 'I 1'/' I! ~! p~c Ipl hi! n! 1'1 .:. i!! ~ ! 7' ~ i ~ : ; ~ h: ... ,. ':. ~ . !~~H ~~- n ; ~ .' ~~ R ~ ~ ~TJ ADAIR & BRAD'f. IN( CONSULTING ENGINEERS . lAND SURVEYOR", . ...Itm ;>LAN~ ,~~~ ::'0..1" Con..'~" A.,.~,,,. ~::" ,::,~'''' ,~;:O~ (.,,,,,,,, ll~Ol , "" 518 C rry. 8:'~~9'4-Z" N.L1NE LOT 517 517 2'=" ROAD ~I W pe~ oeep ~OOI" 941, PG. 399 5UBDIVl510t-\ OF L-OT 3 OF - LANe.HARTS 6UBD\\llS\ON rz t p. B. \ 0 , PG. 3<?>) ~ S 15 ~................. 5'" ........... ..... .... A~~~Tf~I~~~~~~~ON t'. 0 0 BE ABANDON EO (/) ~514 to 0 . (SEE SHEET 3) ...J . 0 :r 0 ................. ~cO"""'" ..~..gl. ... :I lOi 0 (/) . 5'3 tl l1i 3 ~ \!l.:;) :1:. ~ ~ ~..... .. ..~.t;;..... fO u- ~ rOO t!.q. 5 1'2. ~ in to r \G; :J: ~f~..H.Hl~ ~ 4 i ~ ~~ 51\ " UVl- 0 _" ) ~H........~I/l. z ~ :t ~ / SID ....O.........~..~. .........H........ H"~ ~ 509 :J_ "S~8HH" .... ~ 5. LINE · J i~n LOT &08 .\ V s. 890394'2"e. ) (;,,0' 'inr.. f ND-r PLATTED./ i ~ CI-ry ~ 1lJ .J <( (j ill o I- Jo- o Z g ~ )> p 3 "'CD ag ~iI'C o o CENTER OF SecTlOH 21 , V To\1JNSH \P 45 souTH. 1 . RANG E 4~ EAST i:O :olD t>-~ Ul REF: FP-leoG :J>'V ZQ Q' '3) THE UNDER~IGNED HEREBY CERTIFIES THAT THIS LEGAL DESCRIPTION AND SKETCH MEETS THE [ECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.'>29, FLORIDA STATUTES. FOR THE FIRM SKErC\4 TO ACCOM PAN '( LE GAL oeSCRlPTION PAR eEL No.4, PO'NClANA. ELE MENTA~,{ SCHOOL DRAWN AM G DATE W.O. 94067D FIELD 1'2.7.CZl4 F.B. SCALE LS-t;,B30 PG. N.T.5. 5 I-l E. E': T G OF (0 [JV: J?) ADAIR & BRAD~~. ~ ~ 1 ..400-",,\ ,,'., ~. ~ ) ~(.VW'\,~ DENNIS PAINTER REGISTERED LAND SURVEYOR. FLORIDA CERTIFICATE NO. 3542 LlDACAIR & BRAD~ INC. . CONSULTING ENGINEERS . LAND SURVEYORS · PLANNERS , , 1958 Soulh Congress Avenue. Wasl Palm Ouch, Florida 33406 lQlephono: (407) 964.1221 ," VALID \." II IOU 1 [MIJO~~rO 5IJnV(YOn'S SEAL AffiXED. I t PARCEL 4: Being that portion delineated as "6' Easement for Public Utilities" lying in the easterly six feet (6') of Lots 508 through 517, CHERRY HILLS, as recorded in Plat Book 4, Page 58, Public records of Palm Beach County, Florida, The Seacrest Boulevard base line as shown on said Palm Beach County Engineering Right-of- Way Map No. 3-76-374 RfW bears North 01016'27" West, and all other bearings referred to herein are relative thereto. LS 6830 Sheet 2 of 6 R'ld ~Y'/ This Instrument Prepared by: Agustin A. Hernandez with Robert A. Rosillo and should be returned to: Robert A. Rosillo, Associate Counsel The School Board of Palm Beach County 3318 Forest Hill Boulevard West Palm Beach. Florida 33406-5813 SITE EXPANSION INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR POINCIANA ELEMENTARY SCHOOL SITE TffiS AGREEMENT, between the School Board of Palm Beach County and the City of Boynton Beach, Florida, entered into this _ day of , 19_, between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "SCHOOL BOARD") and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY"). WIT N E SSE T H: .. n WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulations Act, Section 163.3161(4), Florida Statutes, to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of ,~mits of local government; and .' WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida, and does own and operate public schools in the City of Boynton Beach; and WHEREAS, this Agreement is entered into under the authority of Section 163.01, Florida Statutes, Local Government Comprehensive Planning and Plan Development Regulations Act; and WHEREAS, the SCHOOL BOARD and the CITY recognize the reconunendation within the Resolution No. R-92-209 from the City of Boynton Beach attached hereto and incorporated by reference as Exhibit "1". which encourages the City and School Board to publicly and jointly pursue acquisition of adjacent parcels of properties in and around the campus of Poinciana Elementary School as shown on Exhibit "2" attached hereto and incorporated by reference and, II :\data\wp50\doc\agreem\\interloc,poe _ " ,AAH:bf 6\11\93 Exhibit "C" WHEREAS, the SCHOOL BOARD and CITY believe that a joint use educational/recreational facility adjacent to the existing Poinciana Elementary School boundaries will be mutually advantageous for the conununity and students; and NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: I. The SCHOOL BOARD shall present sale and purchase contracts to the property owners of properties to be acquired by the Board and by the City shown on exhibit "2" within 45 days of approval of this agreement. Contracts for sale and purchase of properties for SCHOOL BOARD use will be administered by the SCHOOL BOARD Real Estate Department. Contracts for sale and purchase of property for City use will be administered by the School Board Real Estate Department and coordinated with the City Managers office. . n Cost associated with the acquisition and due diligence for the acquisition of parcels shall be induded in the total cost of each parcel, ie. Appraisals, Surveys, Environmental Studies, Title Research, and demolition cost of existing structures, The Total cost of property acquisitions shall be split on a equal basis between the School Board and the City, not to exceed $500,000 for each party, unless circumstances warrant that this cap be raised, in such event the School Board and the City must mutually agree to do so. 2. The SCHOOL BOARD is to acquire properties as shown on Exhibit "2", with the procedures outlined in paragraph 1 written above. However, in an event of an uncooperative seller, the w. CITY shall exercise its power of eminent domain. Upon written notification from the School Board the City shall proceed with a quick taking within 60 days of notice. In the event of an eminent domain proceeding, the City will be solely responsible for the relocation cost if any, and legal fees associated with any quick take procedings, subject to the provisions and limitations of Chapter 73 and 74, Florida Statues. Costs associated with acquisition and due diligence shall be split on an equal basis between the City and School Board as described in Paragraph one. . H; \data\wp50\doc\agrcernt\intcrloc, roc 2 AAH:bf 6\11\93 3. All properties are of equal importance for the success of the project and acquisition of properties shall be handled expeditiously, however all properties must be acquired or under contract for purchase prior to May 15, 1994. 4. In the event the CITY and the SCHOOL BOARD are unable or are unsuccessful in acquiring title to the properties described in Exhibit "2" prior to May IS, 1994 either party may cancel this Agreement. The time for performance may be extended by mutual agreement by both parties. Both parties shall be relieved of all duties and responsibilities hereunder by providing 10 days prior written notice. however all costs incurred to date, except those identified elsewhere in this agreement as being the sole responsibility of the City, will be split on a equal basis by the parties. 5. Upon the acquisition of properties on the south side of N.W. 12th Avenue by the School Board, the CITY shall abandon to the School Board N.W. 12th Avenue between Seacrest Blvd and 1st Street. '. 0 6. Following the acquisition of properties on the west side of N.W, ist Street the CITY shall abandon to N.W, 1st Street between N.W. 13th Avenue and the end of N.W. 12th Avenue, All of the above shall be abandoned no later than 60 days after all of the properties listed in exhibit 2 are . acquired. I~~ 7. Notice shall be given by the School Board to all utility providers. Any public utilities such as electric, gas, telephone, and cable T. V. shall be removed at the utility owners expense and the party shall endeavor to remove said utilities within a reasonable time from date of notice. The CITY shall relocate city utilities such as water. and sewer, from the abandoned ... rights-of-ways, at the CITY's cost only as necessary to improve the school campus, as determined by the School Board project architect. 8. The CITY shall retain title to all properties currently held by the City located west of N. W. 1st Street. Titles to properties acquired under the terms of this agreement which are located west of N.W. 1st Street and shown on exhibit "2" shall be retained by the City. Such properties shall be used ~ in accordance with the provisions of a Joint Use Agreement. between the City and The School Board. H: 'w.lala\wp50\doc\agreeml\inlerloc. roe 3 AAH:bf 6\ 11\93 I HEREBY CERTIFY that on this date before me, an officer duly'authorized in the State and County named above to take acknowledgements, personally. appeared Gail Bjork, Chairman and C. Monica Uhlhorn, Superintendent of the School Board of Palm Beach County. Florida. and they acknowledge before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the School Board. SWORN to and subscribed before me this fd daY~' 1993. SCHOOL BOARD OF PALM ACH COUNTY Signed in Presence of: ~~~ ~ Monica Uhlhorn, Superintendent ST ATE OF FLORIDA COUNTY OF PALM BEACH -;J~ -1 ~ [-r:c-fl '''',. i\: -'. \?, Y ,- ,-.~ Notary '\..1(" . :,_... .t.. I ",J \. j.. ~ ~)t.,l;t. t't:i:<..C'! '\ F cC';.'r; ""CTA"V \'1)"\'" "~,,,....,. r:'; ="1 """0'-. ..My Conun'lSSI'on Exp'lres' .. h, U.I'-....,...'t....~..,I,j.,1,... .. I E?t.~!/.::.~:!2~~ ~::~:~,:;';:.::::~;?r t; i MY C,JI-,!oIIl.''':! -I . "..... . ,'. )~" ':";, ,,'9. J - -.....-- ---- I HEREBY CERTIFY that on this date before me, an officer duly authorized i~e State and County e- named above to take acknowledgements, personally appeared Jose Aguila as ayor, and Sue Kruse as City Clerk of the City of Boynton Beach, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the City. . o '" SWORN TO and subscribed before me this It& day of r' 1993. Signed in Presence of: ~h-___-<: Approved as to fonn aad kg&{ &Y.ffiC':'R~: vJJl"/;lL~~4- ... Al.ft~ l3u~tt Notary Approved: Approved:'/ II :\Jata\wpSO\Joc\agrcClTlI\intcrloc.poc 5 AAIl:bf 6111\93 .. - RESOLIITION R92 -J~' -' c:;'(~,.t,1- 1- I 0' f '! .t I .1 I .'y .. d ... ..., A RESOLUTION or THE CITY COMMISSION or TME CITY Of BOYNTON BEACH. FLORIDA; URGING THE PALM BEACH COUNTY SCHOOL BOARD NOT TO CLOSE POINCIANA ELEKENTARY SCHOOL AND KEEP SAID SCHOOL OPEN AS "A PRE- KINDERGARTEN TMROUCH GRADE 5 MAGNET SCHOOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 1n oeder, to malntaln the viability of our , coastal schools and to Insure the contlnulty of neiqhborhood ;j schooh; and .1 WHEJUAS, the llIagnet school concept 1. II proven ...na t.o ;j assht In achhvinq r4e141 balance and enhancing the qu"Uty . 0 f educat.lon, and " "i WHEREAS, the City Co:MtJ.ssion ot the City of Boynton Beach, Florida deems It to be ln the best inter..ta of the citizens and residents of the City of Boynton Beach to urqe the ,,,1111 BeaCh County SChool Board to keep Poinciana Elementary School open, and ~ i II :j 11 \\ 10 I! :1 ;1 ;1 THE CITY OF BOYNTON BEACH, FLORIDA, 'l1CA'1'a - II Section 1. The CUYI(:ollUlllsslon of the City of Boynton 'I aeach, rlodc1a does hereby' urqe the Pal. Beach County School Board to keep Polnclanll Elementary School open .11 a pre- i kln~.r9Art.n to 5th qrAde facl1lty And e.tabllah a magnet il pt:09raa At the IIchool. I, Section 2. The C1 ty COllllD1ssIon of the Clty of Boynt:on II aeach, rlorida hereby direct. the Clty Clerk to provide a copy I of this Re.olution, upon PA...98" to the 'al. Beach County :i School Board, (1 ~ . II .. Section J. Thls " ltM1edlately upon paslilaqe. WHEREAS, the Clty COIlUll1ss10n ot the Clty of Boynton Beach, Florida urqe. the PAlm BeAch County SchOOl BOArd to apply the necessary resource. to ..tabllsh a ~qnet~ program (Dont...orl preferred) at saId School, whlch wl11 beneflt the st~d.nts from an educatIonal standpoint e. well.. allow them to attend schooL In the nelghborhood 1n which they live. .~' NOW, THEREFORE, BE 1'1' RESOLVED BY THE CITY COHKISSION OF ~ .: .. 'I! . ~:~ Resolution 101111 become. effectlve .! PASSED AND ADOPT~D thls ~ day of December, 1992. BOYNTON BEACH, FLORIDA - (J . CO~IS51oner '. J.._.-' ./ AT>Esr: . ---- I -""/1.-7 ")LOo. .,L:~~.u,<-- Ci~ Clerk ~ (Corporate Seal) Polnciana.Res ----- ~--~- -~ ~--- - .. .'~ '. ~ \., \..~ RESOLlITlON R92 -~d" -. ex;", ,",.;- 1. - \ 'j ! I A RESOLUTION or THE CITY COMMISSION or THE CITY OF BOYNTON BEACH, fLORIDA; URGING THE PALM BEACH COUNTY SCHooL BOARD NOT TO CLOSE POINCIANA ELEKENTARY SCHOOL AND JeEEP SAID SCHOOL OPEN AS ".i\. PRE- KINDERGARTEN THROUGH GRADE 5 MAGNET SCHOOL; AND PROVIDING AN EFFECTIVE DATE. :i , WHEREAS, in order. to maintain the viability at our coastal schools and to insure the contlnulty ot nelghborhood school.; and :j ,! WHEREAS, the lIIagnet .chool concept 1. a proven llIean. to q ass 1st 1n achlevlng raclal balance and enhanclng the quaUty , of education; and 'j "1 VHC!'CAS. t.he CHy C:oftllala8101l of the Cl ty of Boynton eeach, Florida deems it to be In the best Intereats of the cltl~.n. and resldents of the City of Boynton Beach to urge the Pall11 Beach County School Board to keep POlnclana Elementary School openl and !j II ;, 11 II I. 1! :1 d NOW, THE~EFORE, BE IT RESOLVED BY THE CITY COH!USSION OF ;1 THE CITY or BOYNTON BEACH, FLORIDA, THAT' . il Section 1. The CUy,CollllllhaJ.on of the City of Boynton II Beach, Florida do.. hereby' urge the Pala BeaCh County School Board to keep Polnel.n" Elementary School open .s & pn- I klndergarten to 5th 9~ade facl1lty and .stabllsh . a4gnet 'I pr.ogram at the school. I! Section 2. The City COlllllllss1on ot the City of Boynton 'I Beach, florlda hereby directa t.h. Clty Clerk to prOVide a copy i of th.1a Re.olution, upon passage" to the Pd. Beach County ~j School BoaN. '.>. , . It WHEREAS, t.he Clty COllllftlss1on of the City of Boynton Beach. Florida urge. the Palm Beach County SChool Board to apply the neceasary resources to establlah a ...gn.t~ program (montesso~l preterred) at said School, which will ben.tlt the studenta from an educat.lonal standpoint as well a. allow them to attend school In the nelghborhood In whlch they 11ve. .. Section 3. ThIs a.-olutlon wUl " IlllllledJ.ately upon passage. become 'effectlve 'j PASSED AND ADOPTED thIs ~ day of December, 199%. AT';ES r: - Commissioner '- 1.._,..' ./ . - ( --V1~-r~o .,LJr::.~~/1LJ Cl~ Clerk ~ (Corporate Sedl) ?olnclana.Res . ;;. .: .. 't t- . #: Titles to all other properties acquired under the terms of this agreement shall be retained by the School Board. 9. The joint use recreational property which includes the Wilson Center and the City pool property shall be improved to meet the criteria of the American Disabilities Act and Florida Administrative Code Chapter 6-A2 standards. The City shall construct. implement and maintain facilities located at the Wilson Center at the City's sole expense. 10. Contemporaneously with the execution of this agreement the parties shall execute a Joint Use Interlocal Agreement for the perpetual use of facilities located at the Wilson Center and the Poinciana Elementary Campus. The Joint Use Interlocal Agreement shall permit the use of the Poinciana Elementary School Facility by the City and the School Board the use of the adjacent City facility known as Wilson Center. 11. The SCHOOL BOARD shall construct and make improvements to the Poinciana ~ " Elementary School as may be necessary to implement the proposed Math Science Technology Magnet Program as described in the Magnet School Assistant Program Grant Application for the 93.94 federal funding cycle. 12. In the event that litigation between the City and School Board shall be necessary for the enforcement of this Agreement on behalf of either party, then each party shall bear its own attorneys' fees and costs incurred in said litigation. 13. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable prior to January 1, 1994, the remainder of this Agreement should be canceled as herein provided by law. 14. Amendments to this agreement must be made in writing and, can be made by the mutual consent and consign by both the CITY and the SCHOOL BOARD. 15. This agreement will not be construed against the party who drafted the same. both parties have had experts of their choosing to review this Amendment. H :~data\wp50\doc\agrecml\interloc. poe 4 AAH:bf 6\11\93 <\J t--- ..... ...~ '::t .x llJ 'CIA,. 1'..~"n ~ h .:.; ,. , .\ . .,. i - " 0/ -\- 11 -() --< {t to .. ~ .. I "- .. i!i Ng-- .. .. f- u . i ... .. ;; a 0 ..I .. 0 .., ii: z 2 .. ... ~ .. .., .. ~ a; u '" II: ./ IDYll .... .. r to .. ~ .. .. .. .. It ':~~~~ .~ .' ;"'""~ .. 3.-., . ,J' . ,if .: , 2'..: . e Ie' -:: ; , 5'" v Ii I.... '( = .. ,it,; 1'.\~ ~, . . too ;~ .: ., '. i:A~'; ~ .~:. It It , , ~ s: It . ~ , II II I: . .. . t- .;.: to i ...~. .. .. .. .. ~ . ~.J:; . )- w z CJ -t >~ a:> Z <.Q o .... 0 _ Z-I !:: wo (I) :::EZ Sa:w:r: 00-10 u"ww o <)- < zw C <0 Z -z < Ow . Z- - -0 0(1) ~ ~ :r: )- < ::E .,f . . to . It , , II s: It . "' . .... ~ r ." >- .\ ... J . ..", . ..,.. , ..<I t j: - ~ y. ~~ ~v 0' t~ .. y n'" Z .u ... ...<t u 1-1 '~ [1 ... [J ~ ~, DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO, 95-328 TO: Sue Kruse City Clerk itJillviam J:!uki II, ~ EngJ.neer August 28, 1995 P,E. FROM: DATE: RE: PROPOSED ABANDONMENT - 6' UTILITY EASEMENT @ POINCIANA We have reviewed the material forwarded to us regarding subject abandonment. We have no objections to abandonment of this property because it does not appear on plats we have in our possession and contains no street. Perhaps a simple quit claim deed would suffice. The monologue appearing in paragraph No. 6 is meaningless with respect to the second sentence, as no agreement was attached. The first sentence is sufficient reason to give away our interest in property long owned by others. Applicant should attach utility waivers. WVH:ck xc: Carrie Parker, City Manager Mike Haag, Zoning/Site Administrator C:6'EASEfdT.ABN . 6. That the following grounds and reasons are submitted in support of this application: The abpve referenced abandonments are necessary to be able to construct a new Elementary School on the properties owned by the School District. The abandonments were agreed to by the City of. Boynton Beach and the School O:lstrict in the attached :f.nudoce1 agreement (Exhibit "C"), DATED: 4iJ~) ADDRESS Palm Beach County School District 3320 Forest Hill Boulevard, Suite 331 West Palm Beach, Florida 33406 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that __he__ ~/is the applicant(s} in the foregoing Application to Abandon/. Vacate, that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. ~~ p S-~~ NOTARY PUBLIC, State of Florida My Commission Expires: ~""""" i1f:/i' l'I~. LINDA J. SAVILLE f.! l:i MY COMMISSION' CC432695 EXPIRES ~~> .rzl JlI1lIary 16.1999 ..'1f,.r,l.,. BONDED THnU TROY FAIN 1llSUIIAIICE, INC. 6-19-87 PUBLIC DA COMPANY --_._~~'--..._.- ' .... fr'J ~ (~ ;~ 0:1 ;~ r;'i \i~~\"-c--~il~1 l.uU! \W '^ l ) t' i! ( PLA.Nt'lING AND , ~.) ZONING DEPT. ~--~ Ms. Tambri J. Heyden Planning & Zoning Director ,......: ~...... _~ "O-."I:,.........f-I""\.,..., 'Q.c:::tr-n P. O. Box 3395 West Palm Beach, Florida 33402-3395 August 24, 1995 SPEED LETTER' TO c ;;If\ J> FROM Mr. John Guidry Sue Kruse .. ~ ~ Director of Utilities i' '- --.'. ;.,/, S 'f . \ - ~ \... U' 1. . \ '1.-0 , \ ~ l,..l .. City Clerk SUBJECT City Commission Public Hearing - Sept. 19. 1995 - FOLON09.r'O MESSAGE Attached is a copy of an application requesting the NW 12th Ave. and Washington Ave. right-of-way abandonments and Lots 508-517 of Cherry Hills plat utility easement abandonment The application was submitted by Agustin Hernandes as agent for Palm Beach County School District. Please review and advise of your recommendations for approval or disapproval in accordance with Land Development RegqAlations, Article i~t Section 4a (1) of the code. Please respond to this office with a copy to the Planning Dept. by Aug. 30, 1995. DATE 8/22/95 SIGNED d~~~-""'J REPLY m OR lFlTIfN , DATE R '1n '<:\" 44-902 . Triplicate 44-904 . Quadruplical - FOLD FOR NO 9 - FOLD FOR NO 10 SIGNED J . WllsonJones. SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COpy, I . 7 .A. 5 Cherry Hills Plat, lots 508 - 517 ABANDONMENT HANDOUT .~ . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday, September 19, 1995 at 7:00 p.m., to consider an application subm~tted by Agustin Hernandez, agent, for the Palm Beach County School District, to abandon a utility easement along Lots 508 through 517 of CHERRY HILLS, more particularly described as follows: Being that portion delineated as "6' Easement for Easement Util i ties" lying in the easterly six feet (61) of Lots 508 through 517, CHERRY HILLS, as recorded in Plat Book 4, Page 58, Public records of Palm Beach County, Florida. The Seacrest Boulevard base line as shown on said Palm Beach County Engineering Right-of-Way Map No. 3-76-374 R/W bears North 01016'27" West, and all other bearings referred to herein are relative thereto. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE H. KRUSE, CMC/AAE CITY CLERK (407) 375- 6060 PUBLISH: BOYNTON BEACH NEWS AUGUST 31, 1995 c: City Manager, City Attorney, City Commission, Files C I T Y 0 PLANNING F BOY N TON & DEVELOPMENT BOARD AGE N D A B E A C H MEETING DATE: Tuesday, September 12, 1995 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Flor~da 1. Pledge of Alleg~ance. 2. Introduction of Mayor, Comm~ss~oners and Board Members. 3. Agenda Approval. 4. Approval of M~nutes. 5. C8mmunications and Announcements. A. Report from the Plann~ng and Zoning Department 1) F~nal disposition of last month's agenda items. 6. Old Business: None 7. New Bus~ness: A. PUBLIC HEARING AR~NDONMENT 1. PROJECT NAME: Miner Road AGENT: Richard Harris for Condor Investments of Palm Beach County OWNER: City of Boynton Beach LOCATION: Miner Road between High Ridge Road and 1-95 DESCRIPTION: Request for abandonment of a 54 foot wide portion of the M~ner Road right-of-way east of High Ridge Road. 2. PROJECT NAME: Forest Court AGENT: Richard Harr~s for Condor Investments of Palm Beach County OWNER: City of Boynton Beach LOCATION: Forest Court DESCRIPTION: Request for abandonment of the Forest Court right-of-way. Page 2 Planning & Development Board Meeting Agenda for September 12, 1995 3. PROJECT NAME: N.W. 12th Avenue (Lincoln Avenue) AGENT: Agustin Hernandez OWNER: City of Boynton Beach LOCATION: N.W. 12th Avenue, west of Seacrest Boulevard DESCRIPTION: Request for abandonment of a portion of N.W, 12th Avenue, west of Seacrest Boulevard. 4. PROJECT NAME: Washington Avenue AGENT: Agustin Hernandez OWNER: City of Boynton Beach LOCATION: Washington Avenue, west of Seacrest Boulevard DESCRIPTION: Request for abandonment of an unimproved right-of-way between N.W. 12th Avenue and N.W. 13th Avenue, west of Seacrest Boulevard. ,~ PROJECT NAME: Cherry Hills Plat, lots 508 - 517 :J. AGENT: Agustin Hernandez OWNER: Palm Beach County School Board. LOCATION: Cherry Hills Subdivision, lots 508 - 51'1 DESCRIPTION: Request for abandonment of a six feet wide utility easement. B. SUBDIVISION Master Plan 1. PROJECT: Grove Plaza AGENT: Chester W. DeSanti/Julian Bryan OWNER: Dr. Walter H. Janke and Ms. Alice Fay LOCATION: Southeast corner of Hypoluxo Road and Lawrence Road DESCRIPTION: Request for master plan approval to subdivide a commercially zoned parcel into six lots for future development. Master P1sp Mpdificat19n 2 . PROJECT: Nautica Sound f.k.a. Knollwood Groves (PUD) AGENT: Kilday and Associates OWNER: Meadows Grove, Inc. and R. Bradford Arnold, Trustee LOCATION: East side of Lawrence Road, approximately 1,300 feet south of Hypoluxo Road Page 3 Planning & Development Board Meeting AgeLda for September 12, 1995 DESCRIPTION: C. APPEALS Landscape APpeal Request to amend the previously approved PUD master to modify access pOl.nts, change the type of units and lot size from 150 sl.ngle- family detached units on 6,000 square foot lots and 389 multi-family units to 267 zero lot line units on 5,000 square foot lots and 157-IIZ" lot line units on 4,500 square foot lots, and reduce setbacks (front - 20 feet to 15 feet, side - IS feet to 10 feet and rear - 15 to 10 feet on lots that do not back to one another) . 1. PROJECT NAME: Grove Plaza AGENT: OWNER: LOCATION: DESCRIPTION: Chester W. DeSantl./Jull.an Bryan Dr. Walter H. Janke and Ms. Alice Fay Southeast corner of Hypoluxo Road and Lawrence Road Request for a landscape code appeal to oml t the 2 1/2 foot wl.de landscape strl.ps between the interior lot lines of the subdlvislon, Community Desiqn Plan Appeal 2. PROJECT NAME: Boynton Festive Center AGENT: OWNER: LOCATION: DESCRIPTION: D. USE APPROVAL 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Jill Jarkesy Douglas McMillen Northwest corner of Congress Avenue and Old Boynton Road Request for a communlty design plan appeal to change the colors, materials and architectural features of a previously approved outparcel to be used for a Hops Grill and Bar Restaurant. Packaging Concepts Jeff Lis 4925 Park Ridge Boulevard Request to amend the list of permitted uses for the Quantum Park PIO to allow research and development and the manufacture of non-aerosol spray dlspensing systems on industrially designated lots. Page 4 Planning & Development Board Meeting Agenda for September 12, 1995 E. SITE PLANS New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 2 . PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: packaging Concepts Jeff Lis The Catalfumo Companies P.J.M. and Associates LC 4925 Park Ridge Road Request for site plan approval to construct a 24,158 square foot manufacturlng buildlng on a portion of lots 47A and 41B (total of 1.48 acres), designated as industrial, wlthln the Quantum Park PID. Boynton Estates fka Cltrus Park Ramiro Rencurrell Next Boynton Homes Ltd. 8350 Lawrence Road Request for site plan approval to construct project entrance structure, signs and common area landscaplng. Maior Site Plan Modification 3 . PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: F. TIME EXTENSIONS 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Main Street Car Wash Jim Zengage Mary Fisher 201 East Boynton Beach Boulevard Request to amend the approved site plan to expand the car wash to include a canopy for automobile polishing and vacuuming, additional parking and a vehicle stacking area on a .23 acre parcel north of the existlng car wash. Palm Walk a/k/a Boynton Belvedere lvIark Fassey Trio Associates Limited North side of S.W. 19th Avenue, approxlmately 351 feet east of congress Avenue. Request for a one year time extension for conditional use approval and concurrency certification for construction of a 48 bed adult congregate livlng facility (ACLF) for Alzl1eimer's/dementia patients. Page 5 Technical ReVlew Committee l1eeting Agenda September 12, 1995 9. Comments by members 10. Adjournment NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (401) 375-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. xc: Central Flle 8;ft~P&Ol:lt..912