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AGENDA DOCUMENTS * MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 VI. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Final Budget and Aggregate Millage Rate for Fiscal Year 1995/96 Attorney Cherof advised that the millage must be adopted prior to adoption of the budget; therefore, he read Proposed Resolution No. R95-154 in its entirety. 1 . Citizen Comments Harry Stein, 760 E, Ocean Avenue, reminded the Commissioners of his previous requests that they not fund the position of Downtown District Coordinator for the next fiscal year. He further requests that no funding be provided for the position of Economic Development Coordinator or for the construction of the bridge on East Ocean Avenue. In addition, he stated that the City can save an additional $1,500 by immediately terminating the Downtown District Coordinator's contractor. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. 2. Proposed Resolution No, R95.154 Re: Adopt final millage rate for Fiscal Year 1995/96 Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-154. Vice Mayor Bradley seconded the motion which carried unanimously. 3. Proposed Resolution No. R95.155 1 995/96 Re: Adopt final Budget for Fiscal Year Attorney Cherof read Proposed Resolution No. R95-155 by title only. Attorney Cherof advised that the total amount of the budget is $31,889,175. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-155. Commissioner Jaskiewicz seconded the motion which carried unanimously. B. Abandonments necessary for Poinciana School 1. Project Name: Agent: Owner: Location: Description: N,W, 12th Avenue (Lincoln Avenue) Agustin Hernandez City of Boynton Beach N.W. 12th Avenue, west of Seacrest Boulevard ABANDONMENT: Request for abandonment of a portion of N.W. 12th Avenue west of Seacrest Mr. Harry Fix, Planning Specialist for the School Board, was present to represent the application. 9 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPl'EMBER 12, 1995 No one in the audience wished to speak on this matter. Therefore, OJairman Dube declared the public hearing closed. Motion Mr, Rosenstock moved to approve the abandonment of the Forest Court right-of-way, subject to staff comments, Mr. Titcomb seconded the motion which carried 7-0, (3) Project Name~ Agent: Owner: Location: Description: N.W. 12tb Avenue (T.i-rob1 Avenue) Agustin Hernandez City of Boynton Beach N. W. 12th Avenue, west of Seacrest Boulevard Request for abandolllllelll of a ponion of N, W, 12th Avenue, west of Seacrest Boulevard '" Ms, Heyden stated that this item aDd the next two items are in collDl:dion with an expansion to the Poinciana Elementary School. She reviewed Planning and ZoniDa Depanment Memorandum 95-474, Florida Power & Light and Southern BeU had no objection to the abandonments, Florida Gas Co6Jpany had no objection provided an casement is dedicated. Comcast has not yet responded. Staff recommended approval of the right-of-way abandonment, subject to dedicatiOll of the easements requested by the utility companies and any conditions contained within the fonhcoming response from Comcast. In response to Mr, Rosenstock, Ms. Heyden advised that the abuttiD& property owners have been notified of this request for abandonment, but staff has not received any responses from them, She explained that the Director of Development, William Hukill, bad no objection to the abandonment, provided an agn:anent with the abutting property owner is received because the holder from the school assumes that the right-of-way that will be liven to the abutting propeny owner wUl be used by the school. She stated that usually tile propeny is split between the Pl'opelty owners, but 1he school assumes they will acquiIe all of the right-of-way that is being abandoned, In response to Chairman Dubc!, Ms. Heyden stated that we would trlDSfer the resolution to the Propeny Appraiser's Office and tbey would give half to the person 011 one side and half to the person on the other side. It wUl be incumbent upon the School BoanI to approach the abutting propeny owner to acquire, by d_ the other ponion of the right-of-way, 7 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Mr. Rosenstock stated that Ms. Heyden is asking this Board to vote on this matter, not knowing if the abutting property owner wants to deed that land to anybody. He did not see how he could cast an intelligent vote until he is informed of the feelings of the abutting property owner. Ms. Heyden advised that the Board should separate the abandonment request from the site plan. The Board should deal with the abandonment application. The intricacies of the site plan will be worked out through the site plan process. She pointed out that the School Board may have to revise their site plan. Mr. Hernandez advised that it is not the School Board's intent to acquire the entire right-of- way. He displayed and reviewed the site plan and advised that the School Board is going to use its half of the right-of-way for transportation. The other half will be used as an access way for the School Board and its neighbor, Ann Miller. With regard to the dedication of easements, Mr. Hernandez advised that it has always been the School Board I s practice to grant those easements because they not only serve the community, but they also serve the School Board. The School Board was waiting for final placement of , the new building because it might become necessary to rearrange or reroute some of the existing utilities. The School Board was going to give as-built easements, depending on where they are needed to service the school and the community. Mr. Hernandez had no problems with meeting the easement requirements by all the utility companies. Mr. Beasley asked if Ann Miller is the only person affected by the abandorunent, Mr. Agustin answered affirmatively, No one ~ the audience wished to speak on this matter; therefore, Chainnan Dube declared the public audience closed. Motion Mr, Titcomb moved to approve the request for abandonment of a portion of N.W. 12th Avenue, west of Seacrest Boulevard, subject to staff comments. Mr. Wische seconded the motion which carried 7"{), 8