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CORRESPONDENCE 'tllr:.i~(.'..'.;Y..-.' O.....,k . Od. J... .. (J ). ..... - ~ 1-,. - d.~ ON Y DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Building . Planning & Zoning . Occupational Licenses . Community Redevelopment July 31,2001 Mr. Kevin F. Richardson Attorney at Law Clyatt & Richardson 1551 Forum Place, Ste 300-F West Palm Beach, FL 33401 Dear Mr. Richardson: Enclosed are the copies of the certified site plan you requested for Clear Copy and copies of the pages you clipped together when you were here to look at the Clear Copy file on July 25,2001. You asked that those copies be sent to you. Below are the number of pages and the cost. 31 pages x .15 <t = 11 site plan pages x $5.00 = Certifying the site plan copies = Total Tax 6% Sub-total $ 4.65 55.00 -LQQ $60.65 3.63 $64.28 Postage Grand Total 3.95 $68.23 You can make the check out to "City of Boynton Beach" and send it to my attention, Patricia Tucker. Thank you. ~~ Patricia A. Tucker Administrative Assistant Enclosures City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425..Q310 Phone: (561) 742-6350 . www.cLboynton-beach.f1.us DEPA~TMENTOFDEVELOPMENr Planning and Zoning Division Memorandum TO: FROM: DATE: RE: Michael Cirullo, Jr., Attorney at Law Patricia Tucker July 31, 2001 Clear Copy Enclosed are copies of the site plan that was requested by both Dr. Mark Roberts and Kevin Richardson, Attorney to be sent to each of them. On Dr. Mark Roberts request in his letter dated July 20, 2001 he stated he would like copies of the site plans for Clear Copy project submitted in connection with the October 7, 19097 site plan approval and also October 10, 1997 Development Order. On July 23, 2001 I called Dr. Mark Roberts to clarify if he wanted the site plan approval sheet only or if he wanted the whole site plan, which numbered 11 pages. He said he may as well have all of the pages and I told him it would be $5.00 a page and that it would be $1.00 for the certification as he requested. I also told him that I had a copy of the October 10, 1997 Development Order and he wanted to know what that was and I explained that he asked for it in his letter and described what it was. He told me he did not need that, that he made a mistake confusing it with something else. I had the plans made, certified and called him with the cost. He than sent his secretary to pick them up and gave us a check for everything. That was my conversation with him. Also enclosed are copies of the sheets that Kevin Richardson wanted copied and sent to him and he also asked for a copy of the site plan and to have it certified. That went out to him on July 31, 2001. A copy of everything is in the envelope that has been sent to them for your file. S:\PLANNING\SHAHED\WP\PROJECTS\CLEAR COPY\MSPM\MEMO TO MICHAEL CIRULLO.DOC .... DEPAh. ..v1ENT OF DEVELOPMEl". Planning and Zoning Division Memorandum TO: FROM: Dr. Mark Roberts DATE: RE: Patricia Tucker July 27,2001 Site Plan copies dated August 18, 1997 for Clear Copy ~nclosed are 11 pages at $5.00 each plus a letter from the City Clerk's office stating these are copies of the site plans dated August 18, 1997 . The cost is: $5.00 x 11 pages = for certification $55.00 1.00 $56.00 3.36 (6% tax) $59.36 Total This is per your request in your letter dated July 20, 2001. t\YI ---rOQl1- ~ ~~ ~ ~ (~t>o.1J) ~ Il~1 ~ ')..- \,-~ i! ~ ~ ~~ 'tk.~ ~ ~ ~-e-\JL ~~ ~~ ~ ~... l~ I'-~-J ~ L...: ~,~. v~+ W MARK E, ROBERTS DDS 650-2 W. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33426 FIRST UNION NATIONAL BANK OF FLORIDA BOYNTON BEACH, FL 63-643/670 BA. 267 10813 7/?7/?001 6~b~~ b~E City of Boynton Beach $ **59 36 F ifty-N i ne and 36/1 00*********************************************************************........ ........ u *.." " DOLLARS H:wui~cJm51 MEMO Bldildil"l9 I5cm1it fee ~~/tc lecod.g f7/:&-~ III 0 ~ 0 8 ~ j III I: 0 b ? 0 0 b ... j 21: 2 b 2 b ? 0 ~... ? b 5 8 0 III ~ '--~------"-'~--""""-"'--------""'--'-~' -~------'-"-~----".__._. ._--- CITy OF BO\/~I;-, \1 CfT)f ('I ;.::)~, ;.0'.1 BEACH >,.. ('--,. '. i ~,'" '" ',i i~-fr.,.- ir.e:- .', : 1.,1 L. 01 JUL 20 A/11O: /9 MARK E. ROBERTS, D.D.S. 650 West Boynton Beach Blvd. . Suite'2 . Boynton Beach, FL 33426 '(561) 736-1700 PUBLIC RECORDS REQUEST July 20, 2001 City Of Boynton Beach 100 E Boynton Beach Blvd, Boynton Beach, FL 33425 RE: Clear Copy To Whom It May Concern: Please provide copiQS of the site plans for the Clear Copy project, 660 West Boynton Beach Bld., Boynton Beach, Fl., eubmitted in connection with the October 7, 1997 site plan approval and October 10, 1997 Development Order. Plea5e have copies certified. You may notify me when the plans are ready and the cost Of the prints at 736-1700, Sincerely, "7fd1fi$f;. Mark E. Roberts, D.D.S. MER: sm sent by facsimile: 742-6090 Id W~80:0t 100c 0c 'Int 19618[L19S 'ON X~~ SH:l3SDCI WOd~ Log-in Number {J 7- 1./ /- (J/ JUL 2 0 LUlll CITY OF BOYNTON BEACH REQ4EST FOR PUBLIC RECORD INFORMATION REQUEST SUBMITTED BY: 1>r, fYlark' R oberf~s , NAME: ADDRESS: PHONE: FAX: (Above information is optional and not required from requesting person) INFORMATION REQUESTED: ORDINANCE # RESOLUTION # MEETING MINUTES Meeting & Date (entire set) Meeting & Date (excerpt only) Other NOTICE: You are not required to fill out this form. Office personnel are required to complete this form, if you choose not to. 1. You may inspect the requested records without charge unless the nature or volume requested requires intensive clerical or supervisory assistance in which case you will be advised of a special service charge, (Extensive defined as taking more than 15 minutes to locate, review for confidential information, copy and re-file the requested material) Department of Administration Hearing - FACC 12/97, Vol. XVII, NO, 3) 2, Plain paper copies shall be furnished upon payment of 15~ if the paper is copied on one side and 20~ if the paper is copied on both sides, 3. Copies of microfiche shall be furnished upon payment of 25~ per page (a copy on one side of the paper only), 4, Certification of documentations shall be charged at $1.00 per document. 5. Used cassette tapes shall be furnished at a charge of $1.00 each, 7-020-0/ Date of Request Signature of Requesting Party Date Completed f! 2- Forwarded to City Dept, By Department Employee 7-c20-{)( Date Date Returned to City Clerk Revised 12/13/99 JMP j:\shrdata\cc\wp\procedures\request for publiC record info.doc Tucker, Patricia From: Sent: To: Cc: Subject: ~r:~tU41ml Tuesday, July 24, 2001 1 :28 PM Rumpf, Michael; Tucker, Patricia; Johnson, Don; Yates, Ed 'Cirullo, Michael' RE: RHS document inspections T~~~l'~~Y~l~~(:'~lJ!WiP~",Q.iX~i~Q~~ tj,~E1;,'!!W! pla,n~' inmy'officirr6FCiear' Copy. They, are av~ilab!e for revievt:. 1m .. c. -- ' -----Original Message----- From: Rumpf, Michael Sent: Tuesday, July 24, 2001 1 :24 PM To: Tucker, Patricia; Large, Tim; Johnson, Don; Yates, Ed Cc: 'Cirullo, Michael' Subject: RE: RHS document inspections To all, please be informed that my Clear Copy plans and files will be inspected again by the attorney for RHS and Mike Cirullo tomorrow from 2:00 to 3:30 (or thereabouts). I have just learned that your related documents should also be available on stand-by if needed by Mike, I know this late notice and I apologize, Let's react as best as we can. Let me know your schedule tomorrow during this time period in the event we need to contact you, Thanks, MR. Pat, like we discussed this morning, please have all our documents available for this review. -----Original Message----- From: Cirullo, Michael fmailto:rncirullo@cityaUY.coml Sent: Tuesday, July 24, 2001 11 :08 AM To: Rumpf, Michael Subject: RHS document inspections Mike, as part of the document inspection tomorrow afternoon, please make sure that we have all site plans, planning records, memos, etc., available for inspection. The City's Comp Plans need to be there as well. Also, I need your coordination assistance. Can you please forward to Ed Yates and the bldg department (Tim Large/Don Johnson?) and have them on "stand by" with their records for Clear Copy. We may need them to come by with them, but they need not be there for the inspection. For that matter, I just need a staff person with me, either you or anyone else you trust with the documents, Please call me if you have any questions. In the meantime, thank you for your help on this. Michael Cirullo This e-mail and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this e-mail in error, please notify the sender by return e-mail. Thank you. 1 CC: TO FIRE DEPT. BUILDING DEPT. PLANNING DEPT. CITY OF BOYNTON BEACH UTILITIES DEPT POLICE DEPT. MEMORANDUM PARKS & RECREATION DEFT. 1/9/98 RE: Sue Kruse, City Clerk Michael J. Pawe1czyk, Assistant City Attorney'll!) f Public Records Requests TO: FROM: DATE: January 9, 1998 Attached hereto is the Peremptory Writ of Mandamus and Order on Request for Injunctive Relief issued by the Court on December 16, 1997, in a recent public records proceeding involving the City of Boynton Beach, The Court has specifically mandated in Paragraph 5 of said order that public records requests should not be processed through the City Attorney's Office, Thus, as custodian of the public records, the City Clerk's Office should process all requests for public records. Should you or your staff have any questions regarding Chapter 119, Florida Statutes, or public records in general, please do not hesitate to contact this office, ca\public records\clerk memo 1 cc: Dale Sugerman, Human Resources Director Carol Cheek, Human Resources Legal Department Staff ...,... __ '..;::J~ .""...J_ oJ~' '-o.J...,j........-' ~..J..-...;,._.. ...... ,...,- ;:.1,;.0... , . & ~..;J.....> .-,....--...... IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVt510N {CIVil} CASE NO. CL-97.010305 AJ DR. MARK ROBERTS, Petitioner, VS. CITY OF BOYNTON BEACH, FLORIDA, a florid~_ municip~' -., corporation, Respondent. I PEREMPTORY WRIT OF MANDAMUS AND ORDER ON REQUEST FOR INJUNCTIVE RELIEF THIS CAUSE came on to be heard on the Court's Order to Show Cau~e dated December 1, ., 997. The Court having heard arguments on whether the relief re~uested in the Petition For Writ of Mandamus should not be granted and considering the agreement of the parties on the Plaintiff's request for injunctive relief finds: 1. That Respondent, CITY OF BOYNTON BEACH, has a ministerial duty to permit the inspection, examination and copying of the public records of the CITY OF -- .' BOYNTON BEACH requested by Petitioner, DR. MARK ROBERTS pursuant to Section 119.07, Florida Statutes. Accordingly, it is ORDERED and ADJUDGED: 1 , Petitioner's request for relief for 8 PererTJptory Writ of Mandamus is GRANTED. 2, Respondent, CITY OF BOYNTON BEACH, to the extent that the documents are public records of the City as defined in Section 119,011 (1), Florida J~N-~~-~8 10,52 r~OM 0Q~iA5 CO~~N ~r AL iO'8547/14823 PAGE <!/q Statutes (1995 as amended), is required to submit copies of state licenses for William D. Cavaneugh, Jerzy Lewicki, Mark Lips, John A. Guidry, Sgr. Marlon Harris, John Wildner and Kevin Hallahan to Petitionel, DR. MARK ROBERTS within forty-eight (4.8) hours. 3. Should the CITY OF BOYNTON BEACH not have state licenses for the aforementioned employee's in its possession, the Respondent, C1TY OF BOYNTON BEACH, will provide Petitioner, DR. MAR~,f30BE~TS, with, written confirmation that - - ,..... P" p._... - - .__ the license is not in Respondent's possession. 4. Respondent, CITY OF BOYNTON BEACH, must provide timely access to inspect or examine requested records and provide copies of any public record pursuant to Chapter 119, Florida Statutes, Timely access shalf not be greater than ten (' 0) days from time of written request. 5. Respondent, CITY OF BOYNTON BEACH may not require Petitioner, DR. MARK ROBERTS, to submit future public records requests through the City Attorney. 6, The Court reserves ruling on Petitioner's demand for attorney's fees and costs. DONE and ORDERED ,in Chambers at. West Palm Be~h, Palm Beach. County, ( Florida this .J.Ji-. day of December, 1997. . I j. I fl /'51 '~ Of) It... ' CIRCUIT JUDGE Copies furnished to: ~Iames A. Cherof, E$q\.lIre, Josias, Goren, Cherot, Doodv & EzrOl, P.A., 3099 East Commercial Boulevard, Suite 200, Fort L8uderd.te, Fl 33308 Reginll<1 G. Stambaugh, Esquire, 1400 Centrepark Boulevlrd, Suita S60. Wnt Palm Beach, Fl 33401 %e City of tJ3oynton ~eacli 100 'E. 13oynton 13eadi 130ufevard P.D, 13~310 13oynton 13eadi, ;rforUfa 33425-0310 City '}{aff: (561) 375-6000 ;r5tX: (561) 375-6090 ----=-- ~ November 24, 1997 Robert Feldman 660 W. Boynton Beach Boulevard Boynton Beach, FL 33426 Re: Clear Copy File number: MSPM 97-002 Location: 660 W. Boynton Beach Boulevard Dear Mr. Feldman: Enclosed is the City of Boynton Beach development order regarding the Commission's October 7, 1997 approval of your site plan request. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, ",,' ; "- I, -'l-<.- _ .. \ ~ l' Tambri J. Heyden, AICP Planning and Zoning Director T JH:jbg Attachment Xc: Central File J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Woolbright Medical Office\NWSP\Dev Order letter. doc ~merUa 's (jateway to tfie (julfstream OCT-20-97 18,08 FROM,JOSIAS GOREN ET AL 10,8547714823 PAGE 2/2 JOSIAS. GOREN, CBEXOF, DOODY Be EZROL, EA. ATTO~NEYS ....T LAW SUI'l1E eoo 309iI EA$T CQMtot"RCl,Io,L eOUI.EV_D POJitT LAU>>BBDALlt. FI.OKlp.... 33308 ~Cfu.,.~ 115f'~ STEVEN I.. ..IOSIAS SAMUEL 5. CJO~E" """MI;S A. CMEROF' DOHAA.D ..I. OOOC"t KCR~l' L. EZROI. Tn.EPHONE <954) "I .04500 ~AeSlMIU: (954) 771.4923 October 20, 1997 LEONAAO ~_ RuelN 1t0llER'\' W. VAU; tot'C:~" P. CtRULLO. .Jr<. ill WI ~ @ _21.: Mark. E. Roberts, D.D.S. 650 West Boynton Beach Boulevard Suite #2 Boynton Beach, Florida 33426 Re: Public Records Reauefit Dear Dr. Roberts; I am in receipt of your PubJic Records Request dated October 9, 1997 submitted to the City of Boynton Beach's Human Resources Department. In response, l have the following comments: 1. No such record is available. 2_ You will be provided with a copy of the job description for the position of Director of P.lanning and Zoning. 3. No City signatures of City officials "appear on the plan review." Thus, your request cannot be processed without more specific information. 4. See comment for item three. Please forward any future public records requests to the City Clerk' s Offj~e for processing. Thank you for your anticipated cooperation, Sincerely yours, ~A? LEONARD G. RUBIN Assistant City Attorney LGR/lmh 9504OO\ROBlfmi7,LTR cc: James Cherat, City Attorney Tambri Heyden, Planning Director Human ResourcAF; nAn~rtm~n-t 10,8547714823 PAGE 1/1 OCT-14-87 08,55 FRDM,JOSIAS GOREN ET AL /-' /' l' r. V'P~-2. ftJIIUC ."~D R~OI1nrr 10/9/91 ill OCT , A 997 ~ 0 WI ~ @ J, TUIIbri He,clent. Bur". ColIc ~...... WritIa job d.aiph. of"'. '~~liIia ordac ~ or '. . J Copies orlltlipalUra...., ... Oft _. ~ lbr tM car c."..,..... ...Iite pia ~.. 199' lOll 1997. SpdbDy.... oMciaII who appro~ dat .. .... priar to anarLte .."." ..._al_ hv"'" pnaiII. COfb or aD ...... Gf'City oIiciIJs wIlD slped * pIua rme-. PLANNING AND lONING OEPT -t. .,.. --- '~ , OCT ~ 'm , ,~., w', """.-. r~ =b h.;.: .~~~ 1It~{~ JUN-02-87 16,18 FROM,JOSIAS GOREN ET AL 10,8547714823 PAGE 2/4 :fi Le- c~&: r -. _U~ ~--;;----~'~~ ! roJ ~~_~n t~ ," ~ ;, n' I ",' I, JUN 2 ',~r II! ~ - i ,!!J: CITY OF BOYNTON BEACH MEMORANDUM TO: Tambri Heyden, Planning Director FROM: James A. Cherof, City Attorney Leonard G. Rubin, Assistant City Attorney ~ RE: Clear Copy Site Plan DA TE: June 2, 1997 Attached please find a letter to Thomas J, Woolley, Jr" attorney for Clear Copy. As explained therein, the circuit court's order granting RHS Corporation's Petition for Writ of Certiorari quashed the City Commission's initial approval of the Clear Copy site plan. Notwithstanding the subsequent modifications thereto, there is currently no approved site plan for the Clear Copy property. Clear Copy has been directed to submit a new site plan reflecting the as-built layout of the site, This site plan must be processed in the same manner as any other new site plan, and all requirements for site plan approval, including notification and posting, must be followed. As indicated to Mr_ Woolley, there will be no charge to Clear Copy relating to the resubmittal of the site plan. Should you have any questions, please do not hesitate to contact this office. Thank you for your cooperation. JAC/lmh 900182 MEMO HEYDEN.5 JUN-02-87 16,20 FROM,JOSIAS GQREN ET AL ID,SS<i771<iS23 PAGE 3/<i f --"'" 1 n r-::1 r;-'~ ~ ill ~ @ ~ [I '.. ~j I'; ! f 1 ~ r:;-_o_."" '. ! f : ;;' ~; JlJ.I - 2 ':''),7 , U I 1 ......, \ L-----".~,~-.,.,......~..,._'....___.,.,.J I' f;'l ;J~!r.H . ,v:. i; ;'J;> ~, ..~, ". -, ,-I , . !J ".. ~~_.<~_~}..L:~Jt':~;.[};c,;J"._~=~_._, June 2, 1997 VIA FACSIMILE AND U.S. MAIL Thomas J. Woolley, Jr. Post Office Drawer JJ Boynton Beach, Florida 33425 Re: RHS Corporation v, Citv of Boynton Beach/Clear CODV Dear Tom: As you are aware, the Fifteenth Judicial Circuit quashed the City of Boynton Beach's approval of the initial Clear Copy site plan, finding that (1) the City failed to afford RHS Corporation procedural due process and (2) the intersection of the sidewalk depicted on the initial site plan did not meet the provisions of the City's land Development Regulations. The court declined to consider the subsequent modifications to the site plan and the fact that the Clear Copy site has been in full operation for almost nine months. The court also denied the City's request for clarification as to how its order should be implemented. On April 30, 1997, the court issued its mandate, commanding the City to conduct further proceedings in accordance with the court's opinion. While the City has filed a Petition for Writ of Certiorari with the Fourth District Court of Appeal requesting reconsideration of the circuit court's ruling, there is no stay currently in place. Thus, the City must, to the best of its ability, take whatever actions are necessary to effectuate the court's order. At the present time, there is no approved site plan for the Clear Copy site. Thus, the City is required to process a new site plan for the property. To that end, the City requests that your client resubmit its site plan to the City so that it may be processed as a new site plan. The plan should, of course, represent the as-built design of the property and will be reprocessed at no cost to your client. This procedure should cure any defect in notice relative to the original site plan. Also, it is my understanding that when the site was modified in March 1996, the width of the sidewalk intersection was changed from two feet to five feet so as to remove any doubt that the Code requirements are met. JUN-02-97 16,20 FROM,J05IA5 GOREN ET AL 10,9547714923 PAGE 4/4 Thomas Woolley, Jr., Esquire RHS Corporation v. City of Boynton Beach/Clear Copy June 2, 1997 Page 2 Please have your client prepare the site plan for submission to the City as soon as practicable. Should you have any questions relative to the issues raised herein, please do not hesitate to contact me. Sincerely yours, LEONARD G. RUBIN LEONARD G. RUBIN Assistant City Attorney LGRlsas 950400\WOOLLEY4,LTR cc: James Cherof, City Attorney Kerry Willis, City Manager Tambri Heyden, Planning Director @ ;ffl~ _'I ~ - Cv~ ~~~~w~ rn OJ 2 11991 Mark E. Roberts, D.D.S PLANNING AND NIN DEPT. 650 West Boynton Beach Blvd., Suite #2, Boynton Beach, FL 33426 · (407) 736-1700 August 28, 1997 Mr. Jerzy Lewicki Senior Planner, Planning Dept. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Clear Copy Application for Major Site Plan Modification Dear Mr. Lewicki: This letter is a follow up to our August 28, 1997 conversation regarding Clear Copy's application for major si te plan modification. You indicated you were instructed to accept Clear Copy's application as a major site plan modification. In addition, you said that you were not informed the Circuit Court of the Fifteenth Judicial Circuit quashed the City Commission's approval of Clear Copy's original site plan. Should you desire confirmation of the Court's action, you may contact the City Attorneys Office. To summarize our conversation, it is my position that Clear Copy's application for a major site plan modification was clearly accepted in error, since there is no approved site plan to modify. To comply with the Court's Mandate, the City must process Clear Copy's application as a new site plan application and hold hearing with the opinion of the Court, with the rules and procedure and laws of the State of Florida, and those of Boynton Beach. Should the City proceed to process Clear Copy's application as a new site plan application, rather than a major modification, I request to be notified. In addition, I also request copies of any changes or modifications in their application to that effect. since~ll~ . ~. ;Jt//J~I j$) Mark E. Roberts, D.D.S. MER/sm copy: James Cherof, City Attorney Kerry Willis, City Manager Dale Sugarman, Assistant City Manager Tambri J. Heyden, Planning and Zoning Director ..----' r1 G2 Ii. auv~ 11517/1 C Mark E. Roberts, D.D.S. 650 West Boynton Beach Blvd., Suite #2, Boynton Beach, FL 33426 . (407) 736-1700 October 6, 1997 ill Ms. Kerry Willis City Manager of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Clear Copy site plan approval Dear Ms. Willis: Attached are documents submitted for the scheduled October 7, 1997, regular City Commission meeting. The City submitted memorandums defending its position, which are its substantial evidence of its position. These attached documents are in part my rebuttal evidence intended for the City Commissioner's review of the Clear Copy site plan documenting violations of the Clear Copy site plan. The first page of the attachment is an appendix listing the 30 documents. All of these exhibits are already in the possession of the City. Most of the documents were submitted in the first two law suits or at the September 23. 1997 Planning and Development hearing. If allowed, I intend to present additional rebuttal evidence at the hearing. I say, "If allowed," because the City has already placed Clear Copy's site plan approval on the consent agenda. If the final outcome of the commission's action requires me to file an appeal, these exhibits will in part become the record of the case. ~/;i& ff1I ~ Mark E. Roberts, D.D.S. MER:sm Hand Delivered enclosure: Appendix and thirty-one (31) exhibits xc (letter and appendix list): Mr. Reginald Stambaugh, Esquire Mr. Jerry Taylor, City Mayor City Commissioners Mr. James Cheraf, City Attorney Ms. Tambri Heyden, Director of Planning and Zoning APPENDIX OF 31 EXHIBITS 1. July 11, 1995 Minutes, Planning and Development Board (City of Boynton Beach) 2. July 18, 1995 Minutes, Regular City Commission Meeting (City of Boynton Beach) 3, September 19, 1995 Minutes, Regular City Commission Meeting (City of Boynton Beach) 4. March 19, 1996 Minutes, Regular City Commission Meeting (City of Boynton Beach) 5, April 15, 1996 Minutes, Board of Zoning Appeals Meeting (City of Boynton Beach) 6, May 7, 1996 Verbatim excerpt from City Commission meeting (City of Boynton Beach) 7, September 23, 1997 Minutes, Planning and Zoning Board (City of Boynton Beach) 8. July 31, 1995 Building Division Memorandum No. 95-267 from AI Newbold 9. September 14, 1995 Agenda Memorandum, Planning and Zoning Department Memorandum 95-497 from Tambri Heyden 10. March 22, 1996 Staff Report for Site Plan Review, Planning and Zoning Department Memorandum 96-142 11. March 15, 1996 Agenda Memorandum, Planning and Zoning Department Memorandum 96-143 from Tambri Heyden 12. Clear Copy's August 20, 1997 Site Plan Review Application and highlights from prop sed site plans 13. January 24, 1996 Gee and Jenson site plan review outlining Clear Copy site plan violations 14. March 14, 1996 Gee and Jenson letter to Tambri Heyden 15. Diagrams of Delivery, Garbage and Emergency vehicles turning ability onto Clear Copy property 16. August 28, 1997 letter to Jerzy Lewicki 17. September 23, 1997 letter to Planning and Development Board (City of Boynton Beach) 18. Chapter 23, Article II, Section 1.2, Parking Lot Layout, City of Boynton Beach's Land Development Regulations 19. Chapter II, Section 11.1.2, Off Street Loading Zones, City of Boynton Beach's Land Development Regulations 20. Chapter 23, Article II. A la, Lighting Design, City of Boynton Beach's Land Development Regulations 21. Chapter 23, Section 5.B, B23-4, 23-5, City of Boynton Beach's Land Development Regulations 22. Chapter 4, Section 8,C.5,City of Boynton Beach's Land Development Regulations 23. Chapter 7.5, Article II, Sections 5.Dl and 5.E, City of Boynton Beach's Land Development Regulations 24, Chapter 4.7, Curb Ramps, Florida Accessability Code for Building Construction 25, Article 7, Section 7.3,E.2.a, Site Development Standards 26. Chapter 553,513 Florida State Statutes, Enforcement, Accessibility by Handicapped Persons 27. Thirteen (13) pictures of trucks at Clear Copy site violating provisions of City of Boynton Beach's Land Development Regulations 28, Picture and Diagram of City of Boynton Beach's commercial dumpsters and garbage truck 29, Two (2) pictures of Clear Copy's sidewalk intersection 30. February 15, 1997 15th Circuit Court in and for Palm Beach County, Florida opinion and ruling for Case Nos, AP 95-8266 A Y and AP 96-4870 A y. 3 I , April 30, 1997 15111 Circuit Court in and for Palm Beach County, Florida Mandate for Case Nos, AP 95-8266 A Y and AP 96-4870 A y. Mark E. Roberts, D.D.S. 650 Wcst Boynton Bcach Blvd" Suitc #2, Boynton Bcach, FL 33..26 . ("07) 736-1700 October 6, 1997 Ms. Kerry Willis City Manager of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425 Re: Clear Copy site plan approval 1 consent agenda Dear Ms. Willis: This letter shall serve as notice to the City of Boynton Beach, Fl., that I am objecting to the Clear Copy's site plan review being placed on the consent agenda. Obtaining a site plan approval on the consent agenda, and avoiding a public hearing, is clearly a violation of due process after I request an opportunity to present rebuttal evidence and conduct cross-examination, Due process proceeds upon inquiry and determines judgement only after proper consideration of all the issues and facts posed by adversarial parties. Scull v. State, 569 So 2d 1251 (Fla 1990). As such, I am entitled to present my rebuttal regarding the Clear Copy site plan approval, especially since this is a new site plan for which approval has never been granted by the City Commission. At any zoning or other hearing which review is exclusively by certiorari, a party or his representatives shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Jenninqs v. Dade County, 589 So. 2d 1337, 1340 (Fla. 3d DCA 1991). In addition, the opportunity to be heard by all interested parties must be full and fair and not merely colorable or illusory. Tomayko v. Thomas, 143 So, 2d 227, 230 (Fla 3d DCA 1962) and Hart v. Hart, 458 So. 2d 815, 816 (Fla 4th DCA 1984). The first two writs of certiorari were granted in part because the Court determined that the City did not afford due process. It also found the site plan did not meet the essentials of law, On Friday, October 3, 1997, I made inquiris3 at the City Clerk's Office, City Manger's Office, and City Attorney's Office as to why the Clear Copy site plan was placed on the consent agenda and what action is required to have it removed. I was informed by the City Attorney Office that the City Attorney would call me back that day in reference to the consent agenda. I was never contacted. I was also told that the Clear Copy was placed on the consent agenda because there was no opposition and because the Planning and Development Board overwhelmingly approved the site plan. In addition, once being placed on the consent agenda, it cannot be removed. Obviously, the City should realize by now that I am rightfully apposed to the site plan approval. I prevailed in the two previous law suits regarding site plan approval at the same location. I also attended the Planning and Development Board meeting on September 23, 1997 to present my objections. Getting back to the issue, the City is required to remove any item requiring a public hearing from the consent agenda if there is opposition to its approval. The City has already spent approximately $25,000 for its legal defense of the original Clear Copy site plan approval, only to be overturned by the Circuit Court. The City's position now is much worse than at the start of this matter. I believe that rightfully I will always prevail on the site plan matter because the City has allowed Clear Copy to overdevelop its property and as a consequence, its violations can never be corrected. Therefore, I will continue protecting my investment on the adjacent property, even if it means filling additional litigation. Should the City desire to resolve this matter now, rather than after subsequent law suits, I will meet with representatives of the City to discuss a settlement option, I believe this is the City's best option to resolve this matter. Sincerely, , . ~)hr -(,' .-. ,) / ,. Y/?itl;j ~ ~ I /JlIS v Mark E. Roberts, D.D.S. MERsm Hand Delivered xc: Mr, Reginald Stambaugh, Esquire Mr, Jerry Taylor, City Mayor City Commissioners Mr, James Cherof, City Attorney Ms. Tambri Heyden, Director of Planning and Zoning City of Boynton Beach Development Services Department Planning and Zoning Division PO Box 310 Boynton Beach, FL 33425 561/ 375 - 6260 Fax: 561/ 375 - 6259 FAX TRANSMISSION COVER SHEET Date: Ii) ~r '- crl To: t\.0'W 1-.R.~-- Fax: SIt> 1- 7(0 q - ~ro '1 I'IJ _ Re: CC/l~ - (0/7/91 (LA:.J./Ltv6r:hJ Sender: LeuJ e4.h\ J YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 561/375 - 6260. 'NSMISSION VERIFICATION REPORT TIME 10/01/1997 11:02 NAME BOYNTON BEACH P & Z FAX 5513755259 TEL 5513755250 DATE, TIME FAX NO,/NAME DURATION PAGE(S) RESULT MODE 10/01 10:59 93593907 00:03:33 07 OK STANDARD ECM v~~~uiJ ~vQ/ ' Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX: (561) 375-6259 PLANNING AND ZONING DIVISION to: ~ ~~hfYYUJ re: ~q - 3Qo1 4 )2Le(17 I ~~cy~c:ni~~ 0111M' ~ 'f> I ( J IX g , , /bl'7 fax #: date: pages: 3 ~, including cover sheet. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 561/ 375-6260 Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 375-6260 Fax: 375-6259 HSMISSION VERIFICATION REPORT TIME 09/25/1997 17:00 NAME BOYNTON BEACH P & Z FAX 5513755259 TEL 5513755250 DATE, TIME FAX NO./t-.JAME DURATION PAGE(S) RESULT MODE 09/25 15:41 93593907 00:19:03 39 OK STANDARD ECM Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX: (561) 375-6259 PLANNING AND ZONING DIVISION to: Robert Feldman fax #: 561-369-3907 date: September 19. 1997 re: Agenda package for September 23, 1997 Planning and Development Board meeting - Clear Copy pages: I~, including cover sheet. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 561/ 375-6260 Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 375-6260 Fax: 375-6259 ,NSMISSION VERIFICATION REPORT TIME 09/19/1997 17:24 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/19 17:17 93693907 00:06:40 15 OK STANDARD EeM ~-----_._-~--_._--._._--_.~_._-_._-_._----------~,----~ " Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX: (561) 375-6259 PLANNING AND ZONING DIVISION to: Len Rubin fax #: 954-771-4923 date: September 22. 1997 re: Certificate of Occupancy - Clear Copy pages: -4-, including cover sheet. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 561/ 375-6260 Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 375-6260 Fax: 375-6259 ~SMISSION VERIFICATION REPORT TIME 09/22/1997 15:08 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/22 15:07 819547714923 00:00:40 02 OK STANDARD ECM SEP-18-87 16,20 FROM,JOSIAS GOREN ET AL 10,8547714823 PAGE 1/3 JOSIAS, GOREN, CHEROF, DOODY & EZROl, P.A, 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 (954) 771-4600 Facsimile No. (954) 771.4923 DATE; September 19, 1997 RECIPIENTS FAX NO. 1-561-375-6259 TO: Tambri Heyden FROM: Leonard G. Rubin This transmission contains three (3) page(s} including this cover. FILE NO: 950400 FilE REFERENCE: Boynton Beach adv, Roberts COMMENTS: See Page 2 and Page 3 with comments. -\!r;tl. vrvt The inform.lion contained in this facsimile message and the paoes following ~re ettorney ptivileged and oonfidencitl infOfMation intended Orlly for the u" of th8 individual Of entity named above, If the reader of this mess~ is not the intended reC:iQiem, you ilre heret>\' notified thilt iny di$-"lTlination, distribution, or copy of tllill commul'lieetien is stricti V pronibittd, If YOu have received this communication in error, please imme<:liately notify uS lly telephone ilnd return the origln&/ message to us It the llbove address via the U,S. POlltei Servioe. Thank you, If any problems occur in receiving this message, please call this office at (954) 771- 4500. Thank you. SEP-1S-S7 16,20 FROM'JOSIAS GOREN ET AL 10,S5..771..S23 PAGE 3/3 Pege 3 stto ptan Revtew $tBff Report MemorPOdum*7~ CIesr copy drtvwway is ingl'ef)5 only and the north driveway is egress only. The engineering Division, Police Department. Fire Department and Public Works Department have determined 1hat this design meets code and ptovic:1e6 adequate access for emergency and sanitation vehicles. Parking FRilly: ~ parking facility illustrated on the p!3ns submitted oontains the required thirteen (13) parking spaQeS, including one (1) handicapped space. Landscaping: ~.*, ~d;<:; --J- rbG"!!; -c;r(- ~~ .ca::..b The landscape design reflected on the plans submitted meets the city code requirements_ Since on the adjacent property to the east there is W1 exieting hedge, which abuts 1t1e Clear Copy parking area ~ wAlek meets the .~ge .."".."... ~ C?_.'BR &.I: of tf 1... ~tYs Iande~fiI'u~ "~J, the perimeter landscape requirements of this section do not apply. Buifdmg _net Site Regulations: The plans submitted meet the requirements of the building and site reg~lations. The total site area is 13.700 square feet, the building coverage is thirty-seven percent (37%) and the building height is twenty-five (25) feel Community De8ign Plan; The elevations submitted indicate the building to be two stories with brick colored tile roofing, The exterior walls are finished with a pink/peach stucco with white raised stucco bands. Windows are arched with bronze shutters, The building has a Spanishl Mediterranean styte which complements the adjacent oommerdaJ buildings having the same style. SIgna..= A free-standing sign, between Boynton Beach Boulevard and the front of the building, Is reflected on the plans submitted. The free-standing sign meets the sign code requirements (see Exhibit '"Clt - Signage). Rf;COa.IENDATION: Planning and Zoning recommends approval of this site plan request as submitted as an statJ comments have been addressed (see Exhibit MO- - Conditions of Approval). xc: Central File J:\SHR[>>.TA'PtaI'llinr,J\SHAREO\~ECTS'CINr cow ~ plIll 8tafl'NIpOft,dac SE~:~~~87._ 16,20 FROM'JOSIAS GOREN ET AL 10,8547714823 PAGE 2/3 "8ge % Sle Pl8n R8Yiew SWt Report Mert1DtIndum#97., CtMr Copy I!;wt - Medical otIic& bUilding, zoned C-2 N.W. 1" street and farther west is Gateway Center t ~ned C~2 West' - Existing and Propoaed CharactllriatJcsl Development: On September 19. 1985. the City Commission approved, subject to comments. 1be site plan rtquest for Clear Copy to alow a new print shop to be located at the southeast comer of Boynton Beach Boulevard and N.W, ..,.. Street (660 W, Boynton Beach Boulevard). RHS Corponation SUbsequently fifed a Notice of Administrative AppeaJ to appeal through the cin:;uit court system the City'c deCision to approve Clear Copy's site plan. RHS owns and occupies the abutting property immediately east of Clear Copy's parcel. There is a medic;alldvntcll amce building located on this abutting prvperty. Subsequent to site plan approval, the applicant submitted a request to modify the previouely approved site plan. The mcxSified site plan ~~~ approved by the City Commission on March 19, 1996. _A\' ., . cpr V" ...city in tha ...t<alt cau~ Prior to the outcome of -... t.lL --it. the ~ff ~ .r", J -Ira I d'/,,"~""'~G:l1 applialnt ~ through the permit and construction process and ined a ce ancy. The . determined that""" &7--d' .q " dS:~:,.4"~ Insufficient notice was given by . to adjacent property ~riy .:::; c7,PP"-O ___<:::7 / p P ownen; at the time of . . 14<:- :;:.~f-<::: 'plo~. ' - . ~ ....c=' ~~ ) ,~ G--A.; submitted in compliance With tfte jUJlIJI"! 011 rG:fVt '-'<:0 ~ 4~~/IC~~ L c:G~ 1 'CO--irf- ?v~t:?""..Hf Concunencw; P r-~$</.i>"rl 1+ ~ r<:fP"~~~ 1\ ~ ~d-c pb.... a. Traffic. As requested by Pam Beach County Traffic Division. the applicant filed a restrictive covenant that limits the use of the structurlt 10 a print shop. A change in use can be requested in the future, but will require further review for traffic by the County. b. Dralnage- The Engineering ONision has determined that the drainage plans meet the city code and drainage levels of service. Two, one-way driveways to the parking lot are reflected on the plans submitted. Both driveways are located on N.W. ~ street, The south Driveways: 1'k City of Boynton Beach Development Services Department Planning and Zoning Division PO Box 310 Boynton Beach, FL 33425 561/ 375 - 6260 Fax: 561/ 375 - 6259 FAX TRANSMISSION COVER SHEET Date: q //9 If 7 To: 1-eo YLd--A-zL, k?LL~,n Fax: 154- 7 '71- f'loL3 Re: ~/.L ~ GPj ~-k. fltl--~1 r.eft:l1--f Sender: ,-r;;-Wlhn- ~tL*L YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 561/375 - 6260, Le-n). tts F: +k pkm<<- ~1 Iv ~. ,rr~~ fk~~ re.v,e-1OJ -{4'-' Cl.~~.lcul sPlf r~~ , .u ,VJI ~ D-4clo~n-(o'/-?-tJ1' M~~ 111.fb:_-h~.. 7 I"-'L r I Lpt..-4'1A ~ f , ,J ~ _ - A ~J M ~ t:Lre/ Jz.tJ-ILtI-dt2-1(~.-re~ I f1L r-efcrf ~ . J'JU '. ' fi L..:uA 'jv 'fI~ /}In-ffPl ~ tu'-s I1f 5r6'Opff!- ---J · ~re f'r~ f!e~ -fh< ~ ,-;k ref5f w; -!It- ~~? bJ "f: X:> f YO\.. - / tufA Ie- ynt, ;/ [' J I AS CtL~ S..fYlP wi dHL he.7~ Ker.ey.e~1,~~-5 ~(O (tL/L r . >~ ~-d-fi''L ' ~ b J:?~sf OYec~-v1- to ( . ' "()J(, ,'I t1-f!IJWC h,') 'lu.-s v~ (4-+ ~ ~-rPr, Pz,!u4s of- fj;~L~~~/~ /~c~ 51f1? )~ Jh-^- fwc1~, ~_...._._._. ___~ __"..'_. n___ - ______''"____ ~___ .._.._._.___._._______.____.___-.....____ ~SMISSION VERIFICATION REPORT TIME 09/19/1997 15:59 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 09/19 15:53 819547714923 00:06:40 13 OK STANDARD ECM 9-05-1997 1: 16PM FROM LAKE WORTH DRAINAGE 561 495 9694 P.l LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, Florida 33484 FACSIMILE TRANSMITTAL DATE: September 5, 1997 ATTN: Tambri J. Heyden FIRM: Planning & Zoning CITY: Boynton Beach TELEPHONE NUMBER: FAX NUMBER: 375-6259 FROM: Shaughnj.Webb TELEPHONE NUMBER: (561) 737-3835 OR 498-5363 FAX NUMBER: . (561) 495-9694 This transmittal consists of Two (2 ) pages, including this page. If you do not receive all of the pages, or if there are any problems, please call. ADDITIONAL COMMENTS: Re: This facsimile may contain confidential information and is intended only for the addressee listed above. If you are not the intended rKipient, any re\'iew, dissemination, disdosure or copying ot this transmittal may be prohibited by law, If you have receiwd this fax by mistake, please notify Us immediately. Thank you. 00 Mark E. Roberts, D.D.S. In] u \'!l ~ ~ .- AlXi 2 9 1991 PLANNING AND ZONING DEPT. 650 West Boynton Beach Blvd., Suite #2, Boynton Beach, FIJ 33426 · (407) 736-1700 August 28, 1997 Mr. Jerzy Lewicki Senior Planner, Planning Dept. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Clear Copy Application for Major Site Plan Modification Dear Mr. Lewicki: This letter is a follow up to our August 28, 1997 conversation regarding Clear Copy's application for major si te plan modification. You indicated you were instructed to accept Clear Copy's application as a major site plan modification. In addition, you said that you were not informed the Circuit Court of the Fifteenth Judicial Circuit quashed the City Commission's approval of Clear Copy's original site plan. Should you desire confirmation of the Court's action, you may contact the City Attorneys Office. To summarize our conversation, it is my position that Clear Copy's application for a major site plan modification was clearly accepted in error, since there is no approved site plan to modify. To comply with the Court's Mandate, the City must process Clear Copy's application as a new site plan application and hold hearing with the opinion of the Court, with the rules and procedure and laws of the State of Florida, and those of Boynton Beach. Should the City proceed to process Clear Copy's application as a new site plan application, rather than a major modification, I request to be notified. In addition, I also request copies of any changes or modifications in their application to that effect. ~i~~7g~j~ copy: James Cherof, City Attorney Kerry Willis, City Manager Dale Sugarman, Assistant City Manager Tambri J. Heyden, Planning and Zoning Director Mark E. Roberts, D.D.S. MER/sm AUG-25-S7 13,28 FROM,JOS1AS GOREN ET AL 10,9547714923 PAGE 1/1 August 4, 1997 VIA FACSIMILE AND U.S. MAIL Thomas J. Woolley, Jr. Post Office Drawer JJ Boynton Beach. Florida 33425 Re: RHS COfooration v, Citv of Bovnton Beach/Clear Copv Dear Mr. Woolley: By letter dated June 2, 1997, you were informed that in order to comply with the Writ of Certiorari issued by the Palm Beach County Circuit Court, your client, Clear Copy, Inc., was required to resubmit an as-built site plan for its property, At that time, the City requested that the new site plan application be submitted "as soon as practicable. " I have been informed by Tambri Heyden that while your client has submitted some materials. the site plan application is not yet complete. As over two months have elapsed since the City's first request, the City must set a deadline for completion of the application. Please be advised that if your client does not complete its site plan application within fourteen (14) days of the date of this letter 1 the City will be compelled to take all appropriate legal and administrative measures to bring this matter to a timely conclusion. Thank you for your anticipated cooperation. Should you have any questions, please do not hesitate to contact me. Sincerely yours, LEONARD G. RUB!N LEONARD G. RUBIN Assistant City Attorney LGR/lmh 950400\WOOll!Y5.L 11\ cc: James Cherot, City Attorney Kerry Willis. City Manager Tambri Heyden, Planning Director MARK E. ROBERTS, ~\VW \\UJ ~ @ ~ U , Il~ D.D.S.W JUN' 61991 l!U -- ---...4. 650 West Boynton Beach Blvd. . Suite #2 . Boynton Beach, FL 33426 (407736-'lroCNINGEPT.AND , IOt4ING D TO: City of Boynton Beach PUBLIC RECORDS REQUEST DATE: June 16, 1997 REQUESTED MATERIAL: Copy of new site plan Clear Copy was mandated to submit to the City. If no site plan has been submitted, please indicate that no public record exist. See attached memorandum to Tambri Heyden from City Attorney > ----_._-,-_._._~-- ....... ...._--~-- , ._- -""c' ..,. .,,-,", _ _..."''' . n ,-"'" .' ...... .. _":_ ~'.:.:.. ..'_ P"';i~~~":ioI>>l~~~~.~':.'L:k.;::_ .',. -l'''~~ ,.....J_ \ '. CITY OF BOYNTON BEACH MEMORANDUM TO: Tambri Heyden, Planning Director FROM: James A. Cherof, City Attorney Leonard G. Rubin, Assistant City Attorney ~ RE: Clear Copy Site Plan DATE: June 2, 1997 Attached please find a letter to Thomas J. Woolley, Jr., attorney for Clear Copy. As explained therein, the circuit court's order granting RHS Corporation's Petition for Writ of Certiorari quashed the City Commission's initial approval of the Clear Copy site plan, Notwithstanding the subsequent modifications thereto, there is currently no approved site plan for the Clear Copy property, Clear Copy has been direc:ed to sub;-ni'~ a new site plan reflg-:-::ng the as-built layou~ of the site, This site plan must be processed in the same manner as any other new site plan, and all requirements for site plan approval, including notification and posting, must be followed. As indicated to Mr. Woolley, there will be no charge to Clear Copy relating to the resubmittal of th.e site plan. Should you have any questions, please do not hesitate to contact this office, Thank you for your cooperation. JAC/lmh 900182 MEMO HEYDEN,5 , I" i, ; i; I \' 1 ' , , J"\; I, LlI R.H.S. CORPORATION I L--r'I' 'i'{"'''') ; ".r .d.....1 t',:.. - . ._~....<,......;~.,.: ~~':.~ELJ 650 West Boynton Beach Blvd. . Suite #2 · Boynton Beach, FL 33426 -(407) 736-1700 -\i It, March 27, 1996 Mr. James Cherof City Attorney of Boynton Beach 3099 E. Commercial Blvd. Suite #200 Ft. Lauderdale, FL 33308 RE: Clear Copy Project Dear Mr. Cherof: As you are aware, on March 25, 1996, RHS Corporation filed an appeal to be heard by the Board of Adjustment for Administrative Decisions of the Planning and Zoning Department and City's Staff. Land Development Regulations (LDR), Chapter 2, Section 10.E state that an appeal to the Board of Adjustment stays all work on the premises unless a stay will cause imminent peril of life or property. A stay will not cause imminent peril of life or property for Clear Copy's property. The continued development of the Clear Copy Project is clearly in violation of LDR. Therefore, I request the City immediately require the stoppage of all work at the Clear Copy Project. Si~C7;J:idt6m<, ; Mark E. Roberts, D.D.S. President, RHS Corporation MER: sm SENT BY FAX (305)771-4923 AND US MAIL xc: Reginald Stambaugh, Esquire Ms. Carrie Parker, City Manager Ms. Tambri Heyden, Director of Planning and Zoning DEVELOPMENT DEPARTMENT MEMORANDUM NO, PZ 98-015 TO: Sue Kruse City Clerk Tambri J. Heyden, AICP 79Jf Planning and Zoning Director FROM: DATE: January 14, 1998 SUBJECT: Public Records Requests Case No. CL 97-010305 AJ Dr. Mark Roberts, Petitioner In response to the above public record request for copies of state licenses for Jerzy Lewicki, there are no records of licenses. There are no licensure requirements for his employment with the City of Boynton Beach in Planning and Zoning, TJH:dim xc: Human Resources J:\SHRDA T AIPLANNINGISHAREDlWP\CORRESPICITY CLERKIRECORD REQUESTS. JLDOC ]"'" CC: TO FIRE DEPT. BUILDING DEPT. PLANNING DEPT. CITY OF BOYNTON BEACH UTILITIES DEPT POLICE DEPT. MEMORANDUM PARKS &: RECREATION DEPT. 1/9/98 RE: Sue Kruse, City Clerk Michael J. Pawelczyk, Assistant City Attorney.' Jlt} f Public Records Requests TO: FROM: DATE: January 9, 1998 Attached hereto is the Peremptory Writ of Mandamus and Order on Request for Injunctive Relief issued by the Court on December 16, 1997, in a recent public records proceeding involving the City of Boynton Beach. The Court has specifically mandated in Paragraph 5 of said order that public records requests should not be processed through the City Attorney's Office, Thus, as custodian of the public records, the City Clerk's Office should process all requests for public records, Should you or your staff have any questions regarding Chapter 119, Florida Statutes, or public records in general, please do not hesitate to contact this office. ca\public records\clerk memo 1 cc: Dale Sugerman, Human Resources Director Carol Cheek, Human Resources Legal Department Staff ...,.' ... _-.j -.;:Iv . "" 0,.6_ '- _ _ .. ............ ~ -..J........ _ l .. "'-.. ~...,_ =.1~ -. ' . 4 .......J.....J ..t""\.......... " IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVLSION (CIVIL) CASE NO. CL-97.010305 AJ DR. MARK ROBERTS, Petitioner, VS. CITY OF BOYNTON BEACH, FLORIDA, a florid~ municip~' _.- corporation, Respondent. I PEREMPTORY WRIT OF MANOAMUS AND ORDER ON REQUEST FOR INJUNCTIVE RELIEF THIS CAUSE came on to be heard on the Court's Order to Show Cau~e dated December 1, 1997. The Court having heard arguments on whether the relief requested in the Petition For Writ of Mandamus should not be granted and considering the agreement of the parties on the Plaintiff's request for injunctive relief finds: 1, That Respondent, CITY OF BOYNTON BEACH, has a ministerial duty to permit the inspection, examination and copying of the public records of the CITY OF BOYNTON BEACH requested by Petitioner, DR. MARK ROBERTS pursuant to Section 119.07. Florida Statutes. Accordingly, it is ORDERED and ADJUDGED: 1 , Petitioner's request for relief for a PererT)ptory Writ of Mandamus is GRANTED. 2. Respondent, CITY OF BOYNTON BEACH, to the extent that the documents are public records of the City as defined in Section 119,011 (1), Florida J~N-~~-~8 !0,S2 rKOM ~OSiA5 GO~~N Er AL .0,85<07114823 PAGE 4/'1 Statutes (1995 as amended), is required to submit copies of state licenses for William D. Cavanaugh, Jerzy Lewicki, Mark Ups, John A. Guidry, Sgr. Marlon Harris, John Wildner and Kevin Hallahan to Pe'titionel, DR. MARK ROBERTS within forty-eight (48) hours. 3. Should the CITY OF BOYNTON BEACH not have state licenses for the aforementioned employee's in its possession, the Respondent, CITY OF BOYNTON BEACH, will provide Petitioner, DB. MAR~J~OBE~TS, with written confirmation that - . ......' -. ..-_... - - .- the license is not in Respondent's possession. 4. Respondent, CITY OF BOYNTON BEACH, must provide timely access to inspect or examine requested records and provide copies of any public record pursuant to Chapter 119, Florida Statutes, Timely access shall not be greater than ten (10) days from time of written request. 5, Respondent, CITY OF BOYNTON BEACH may not require Petitioner, DR. MARK ROBERTS, to submit future public records requests through the City Attorney. 6. The Court reserves ruling on Petitioner's demand for attorney's fees and costs. DONE and ORDERED jn Chambers at. West Palm Be:ach, Palm Beach. County , , Florida this .J.JL. day of December, 1997. , I j. , f' I '51 '~6cL, CIRCUIT JUDGE Copies furnished to: ~Iames A., Cherof, E$q\o1l'8, Josias, Goren, Cherof, Doodv & Ezro], P.A.. 3099 East Commercial Boulevard. Suite 200, Fort Lauderdale, Fl 33308 Reginlld G. Stambaugh, Esquire, 1400 Centrepark Boulev.rd, Suita 860, 'A'nt Palm Beach, Fl 33401 ~.-fo ~Ge- Clu-<<.~/k ~ -f/J, - .~~""'-~""-...."'". 1.4 dd. 'I f-~~@_[l~Ufn1~'- I PI I I . ." 2 3 loq7 ' !.,~U MARK E. ROBERTS, D.D.S. , , '." '. I. ;....;. "'" ".-.$ 650 West Boynton Beach Blvd, . Suite #2' Boynton Beach, FL 33426 '(407) 736-1700 .~. "."''''''''''''0"0,.." May 22, 1997 Ms. Kerry willis City Manager of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Ms. willis: The Fifteenth Judicial Circuit in and for Palm Beach County, Florida granted the Petition for writ of Certiorari for the enjoined cases AP 95-8266 AY and AP 96-4870 AY on February 25, 1997. The action of the Court quashed Clear Copy's site plan approval and the determination for minor site plan modification. Quashing the determination for minor site plan is moot with no site plan, except for the fact there is now no previous denial of an appeal by the Board of Zoning Appeals. On April 30, 1997, the Court issued a Mandate commanding the City to comply with further proceedings in said cause in accordance with the opinion of the Court. Effectively, the City must require Clear Copy to submit a conforming site plan and the Board of Zoning Appeals must hear its pending appeals concerning Clear Copy. Section 120.68(3), Florida Statutes, expressively provides that filing a petition for review in a district court of appeal does not in itself stay enforcement of an agency's decision. It appears to me that the City is willful in failing to comply with the mandate of the' Court, and therefore is in Contempt of Court. Attached is a Public Records Request requesting documentation that will indicate the City is doing otherwise. If the City is. not complying with the Court !1andate, and I am not immediately provided formal assurance of its intention to do so, I will initiate necessary legal action to obtain compliance. ~&6m Mark E. Roberts, D.D.S. MER: sm xc: Reginald Stambaugh, Esquire James Cherof, City Attorney Jerry Taylor, City Mayor Tambri Heyden, Director of Planning and Zoning MARK E. ROBERTS, D.D.S. 650 West Boynton Beach Blvd. . Suite #2. Boynton Beach, Fl 33426.(407) 736-1700 PUBLIC RECORDS REQUEST April 23, 1997 Please provide me with all documents indicating the City's compliance pertaining to. the attached mandate. Included, but not limited to, should be documents that may have been presented to Clear Copy requiring them to submit a conforming site plan, dates and/or documents regarding appeals to the Board of Zoning, letters or memorandums between departments, and/or any other document indicating the City's intention to comply with the mandate. Should no document exist indicating the City is complying with the Mandate, indicate to me in writing that no document exists. Enclosure: April 30, 1997 Mandate t1AY 20 '97 11: 12AM 407l 3103 MA.NDATE P.2/2 from CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA . APPELLATE DMSION This cause baving been brought to this Court by appeal,. and after due consideration the court having issued its opinion; .YOU ARE HEREBY COMMANDED that such further proceedings be'liad in' s'aid 'cause'm _. accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida. WITNESS THE HONORABLE JACK H. COOK, Presiding Judge Of the Appellate Division (Civil) of the Fifteenth Judicial Circuit and seal of the said Court at West Palm Beach, Florida on this day. " :'J .... -oJ .... ..... ~ DATE: APRIL 30,1997 ~'~o " "'J (.oJ :::) CIRCUIT APPEAL CASE NO.: AP 95-8266 A Y AP 96-4870 A Y :'.: -'-' COUNTY CASE NO,: .,.... ,., ...~ '-' , , . .- -n~~ ~ ~ . :i: c.n ...~ .. STYLE: MARK E. ROBERTS & RHS CORPORA nON v. CITY OF BOYNTON BEACH ,....",', _--\ tIR&t,", .::-... ".......... / '" t t ",. <C\."'.' I"\-ro-.. ',"',p "\ ...... . /,.' - ", ' ". <t :....., l f..~~ '.~ \.",~ ~4 ~ 1Jt," ~ ~ - - .. --t;, -" ok: .~:.,. t . . : .;t ;4 ~:.~. ;~. ~\ .~,. ,: ~4.::' '$JI"'. .,.:'.~.:..... ;. ~Il)' "'. .,...... -"',g 4~{l4 ~'H's\'i~:r . \\\.\1.'-'-,....- DOROTHY H. WILKEN, CLERK CIRCUIT COURT Palm Beach County, Florida ~ - ~~ 1/ "~~.i) '",",VIX:~ By: ivia De AgUero Deputy Clerk original to: Circuit Court cc: Reginald G. Stambaugh, Esq. Randee S, Schatz, Esq. James Cherof, Esq. Leonard Rubi~, Esq, ~~"'~~Y;'?)~~1' ';"', tl,,".://t, "" ~ ....... II.. ',~ " 0 "" "'" . .-",..., '. tfI'~' ", 'l.: .' ,c.' _.:~ '. ... 'r, , "I",~' ., 'I. ~~, ,","': .. ._.~, : -,~ ~~ ~,,' ~ .. I,,:'" : ~ ~ ~ ;~i I,' 1. ~~ ~t : -~ ;to 'G) .;",. '''" t/:''1::''~wZ:~'''l ~:f \'"t.f'.".I'....1lo ."'4-'r ~..".,...., "h) > ........ " ....: ~~UAC'l .~-v.-:''':'' , "\k...;"",;$""'1=' ~ 6O\CH COUNTY -STATe 0;: FLO~ I l19reby c<ertify l~ tho fo~S'~c:r.g !3 a trub copy 3. J-fI..f~v rcccro~" nn ". /) c..~ or ,~ ....,. I . . 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