CORRESPONDENCE
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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
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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
~
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CITy OF BO\/~I;-, \1
CfT)f ('I ;.::)~, ;.0'.1 BEACH
>,.. ('--,. '. i ~,'" '" ',i i~-fr.,.- ir.e:-
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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
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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
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OCT , A 997
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WritIa job d.aiph. of"'. '~~liIia ordac ~ or
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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
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JUN-02-87 16,18 FROM,JOSIAS GOREN ET AL
10,8547714823
PAGE
2/4
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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
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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
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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
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'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
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~_...._._._. ___~ __"..'_. 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
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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
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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.
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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
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MARK E. ROBERTS, D.D.S.
,
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650 West Boynton Beach Blvd, . Suite #2' Boynton Beach, FL 33426 '(407) 736-1700
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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.
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DATE: APRIL 30,1997
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CIRCUIT APPEAL CASE NO.:
AP 95-8266 A Y
AP 96-4870 A Y
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COUNTY CASE NO,:
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MARK E. ROBERTS & RHS CORPORA nON v. CITY OF BOYNTON BEACH
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DOROTHY H. WILKEN, CLERK
CIRCUIT COURT
Palm Beach County, Florida
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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,
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