AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office
0 December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon)
0 January 6, 1998 December 19,1997 (noon) 0 March 3, 1998 February 20, 1998 (noon)
~ January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon)
0 February 3, 1998 January 23, 1998 (noon) 0 April 7,1998 March 20, 1998 (noon)
RECOMMENDATION: Please place the request below on the January 20, 1998 City Commission meeting agenda under
Public Hearing. Notice of public hearing was published December 5, 1997 to consider a utility easement abandonment for
this meeting. The Planning and Development Board with a 6-0 vote, recommended approval as submitted. For further
details pertaining to this request, see attached Planning and Zoning Memorandum No. 97-602. Since there are no conditions
of approval thus far, staff has also attached a resolution prepared by the Legal Department to concurrently fmalize the
abandonment.
EXPLANATION:
PROJECT: Woolbright Twin Medical Plaza (f.k.a. Woolbright Medical Office)
AGENT: David Remland
OWNER: Fredric Newman
LOCATION: Southwest corner of Woolbright Road and the E-4 Canal.
DESCRIPTION: Request for a 12 foot wide utility easement abandonment in connection with development of the
parcel as the Woolbright Twin Medical Plaza, formerly referred to as Woolbright Medical Offices.
PROGRAMIMWACT:N/A
FISCAL IMWACT: N/A
ALTERNATIVES: N/A
;/JukPJ~~
Department Head's Signature
City Manager's Signature
Development
Department Name
J~y-~~
Planning and:Zoning ector
IICH\MAIN\SHRDATAIPLANNING\SHAREDIWPIPROJECTSIWOOLBRIGlIT TWIN MEDICALIABAN\AGENDA ITEM REQUEST 1-20-98.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-602
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM:
Jerzy Lewicki
Senior Planner
DATE:
December 18,1997
SUBJECT: Woolbright Twin Medical Plaza - ABAN 97-005
Abandonment of utility easement
NATURE OF REQUEST
Fredric Newman of Newman Realty Group, owner of the property to be developed as
the Woolbright Twin Medical Plaza, is requesting abandonment of a utility easement
located approximately 337 feet from the northwest comer of Parcel D. The easement is
12 feet in width and approximately 170 feet in length. The attached Exhibit "A" shows
the location of property. The attached Exhibit "B" contains a survey sketch of the
proposed abandonment area and Exhibit "C" contains a legal description of the portion
of the easement to be abandoned.
BACKGROUND
The original grant of easement was recorded on November 21, 1988 between
Woolbright Professional Center and the City of Boynton Beach. The grant conveys a
perpetual non-exclusive easement to be used for maintenance of an underground
waterline. The utility easement in question has no current use, and also conflicts with
the submitted and recently approved site plan applicatioA for Woolbright Medical Offices
(see Exhibit "0" approved site plan). Therefore, this application for abandonment has
been submitted in order for the applicant to proceed with the medical center project.
ANALYSIS
The applicant's reasons for filing this abandonment and the grounds that support the
request are included in the attached Exhibit liE" - Application. The city departments
I
Page 2
Memorandum #97-602
ABAN 97-005
involved in the review of all requests for abandonment and the utility companies notified
of the request are identified below. Public notice was given to the property owners that
abut the alley and has been advertised in the newspaper. The utility companies and
the city departments' responses to the abandonment request are as follows:
CITY DEPARTMENTS
Engineering
No objection
Utilities
No objection
Planning and Zoning
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection
Bell South
No objection
Florida Public Utilities Company -
No objection
Cable Company (Adelphia)
No objection
Cable Company (Comcast)
No objection
The following is a description of the zoning districts and land uses of the properties that
surround the subject request (see Exhibit "A" - Location Map).
North
Woolbright Road right-of-way and farther north is a medical
office building, zoned C-1
South
Palm Beach Leisureville residential development, zoned
R-1AA
East
Office buildings, zoned C-1
West
Palm Beach Leisureville residential development, zoned
R-1AA
~
Page 3
Memorandum #97-602
ABAN 97-005
RECOMMENDATION
Staff recommends approval of this abandonment request. If the Planning and
Development Board and/or City Commission impose conditions on the abandonment
approval, they will be included in Exhibit "F" - Conditions of Approval.
xc: Central File
S:\PLANNING\SHAREO\WP\PROJECTS\WOOLBRIOIABAN\STAFFREP.OOC
3
EXHIBIT "A"
L(-
L"CATION MAP
WOOLBRIGHT MEDICAL OFFICES
. l==-"
I i
I ~
, ,
..
, ~ ~. .
.,
'~~1 :.-=:... ...--:
i
J
- --(
~ ! II ___L
: II \ r._
o I ,rl
I , . ;:::Ii..:;:~
" ,
\
! ~ \
\ I
\ \
,\
\\
J ~\ ~~~ t) ~ ~:i~. ~_~_~~ i=\ ~ ~ 1"' T 1
'j _._- 0" .,;~;;-r ;,l;;-~...~;.lIT]: '- - 2'7 '0 1/S
,'. '. 'Vol P P ,..... .. · -- --- --- 1 - ,--i ' ! ' I
f q 11 ii' . -r:r' - - - --- ~ I.: ;0 .
F~~,j~dl-:LJ'.' .:~ ~L~' ",' ,', 1", " : ~-, ~.~ '::~~:,~' · i -'. 1111 I
:-. 'l1~:ll}; , .~: ...'- " . " ,l:f. 'r' '0 400 'SOO
'lTI1IIT/llu !I\' __...', ., I - ___~, .
:1I1r1 nil;::! .- ',,': .~' ~ "' i u:.~.-" i: : .;,,1 I 'tfI
~
"
,
, ,
,
. 8-97
EXHIBIT I'BII
(0
~<J
;~~
"
"
:s
~
~
'"
..
c:
...
:!
1"1, I
, ~I
1.- -
" -
~'_ I
.Ii.
~. .
.f>-
~'- ,
Sit~ .
..
"~
~~~<J
~i8~
---+-.
r- - - - - - - - _1_ - ~ ::!-.:., - - - - - - - - - - - --:;;';"~
I .. _........-
'-----..!.i- -TiMiiiruwc;.;oo., ---";";7---"
\ (o./f.. ..n. Pf:. 15', I'..rJL)
li
~\
... ~
~
,.j
~
......
.
"J"
.(
L_-,
1 I
I
I
I
~II
hi
:~I
~~I
I
,-,
'i
I i
I ~
\ I
Ii
i*
i
:*
1
'.
i*
';-j.'
,
"
i
~
..
!II
lI:
ia
j!l
"'U
)>
::0
~O
(")
~fT1
-=r
"
~
:-
!II
'"
~
:
o
:
__..J
----,
I
I
I
r-
I
I
,
I
1
~
)~R
I";
lI:
ia;
, ~,
~i
:o~
--
"'''
~o
(
\
.
,
'.
.
,
.
"
.
"
-.
.
.
\
'.
\
S 00'22"'2 W
L' ~ ----------.-~------------~~--------------
- --------- ~'O.r.PL CASOlDWr(ORI ljQQ, fIG. ltu. P..c.ft) ~~
t ~::~TY~--:--_:_-'~''':_~--~
~ j ~
.
------.+.,~._._.
1
Lwe
..
.,..
317.86
-~O:~~;~~~~-~-,.~.--i~~~".~~.._~~-=--~-~-~ '
(ft .8.0' - 9/26/11)
"
.
'.
CANAL [-4 (155' R/W)
. 0 I
EXHIBIT "C"
<:}
A PORTION OF PARCEL. uO- OF THE PLAT OF PALM BEACH LEISUREVILLE
10Trl SECTtON AS RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH
141, PALM BEACH COUNTY PUBLIC RECORDS.
SAID PORTION BEING MORE PARTlCULARL Y OESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID PARCEL "0- RUN N69011 '14.e
ALONG THE NORTH UNE OF SAID PARCEL "0- A DISTANCE OF 204.23
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 849.46 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE TIiROUGH A
CENTRAL ANGLE OF 04007'13- A DISTANCE OF 133.00 FEET TO THE
POINT OF BEGINNING.
CONTlNUE THENCE ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 00022'18- A DISTANCE OF 12.00 FEET; THENCE
S16030'24.e A DISTANCE OF 23.88 FEET; THENCE SOoo22'42"W A
DISTANCE OF 149.89 FEET; TIiENCE N8903T18"W A DISTANCE OF 12.00
FEET; THENCE NOOo22'42-e A DISTANCE OF 148.11 FEET; THENCE
N16030'24"W A DISTANCE OF 22.10 FEET TO THE POINT OF BEGINNING.
q
EXHIBIT IIDII
/0
iil
~i,
'1Ii1
in
III
II
\
~\\
\
/ c:r-
( ~~
,.,'"
>0
2~
~~
-~
~
I
~
I
ri
131
III
~~
..-
...
\
\
\
\
\
\
.....
~
~
..
-
0
~ ,
-~
10m
... me
,....... . tD-
c~
fI-
b
z
Ci)
\
\
/
It
'--\
~
'~
.,
\16
\~
\
\
\
\
\
\
\
;
II E-4 (155' RIW)
LWDD. CANAL
EXHIBIT "E"
/A
\PPLICATION ACCEPTANCE DATE:
?EE PAID:
RECEIVED BY STAFF MEMBER
RECEIPT NUMBER:
APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
This form must be filled out completely and accurately and must
accompany all applications submitted to the Planning Department
(Three (3) copies of application are required.)
NOTE:
PROJECT NAME:
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE:
AGENT'S FAX:
OWNER'S NAME:
(or Trustee's)
OWNER'S ADDRESS:
OWNER'S PHONE:
OWNER'S FAX:
:J);t ,,~J 'K.Q..YM.}/"l. tv!.
55'5 souf-k 'Federal HI/JY SU FIe. ~S'"D
]or Jlt '1<o.\or' I "Fl. ~.~ t/'a'J-
(:, /) 3 cf,....3tfoo
(5' 1) "3~7 - '3 "/0
....&Jr;1' N-llA1tn~
555 So tJ +t. FekYttl IIwy 5"urk 3S'o
'f>o( It ]2a.-hnu. r{ . t; '3 c,t3~
,
~~i) ,~tf?-- 3 '/0 D
~b I) 3cf?"""O y!C
PROJECT LOCATION: ~'",^JL,"i6~.} "Rd. ~l)tl:. ~ ',j~ JlJA.CeA.J- --h E - 'I ~tl-I ~
(not legal descripti~ .1
~ UJ/erl, !~
CORRESPONDENCE
ADDRESS: *
(if different than
agent or owner)
. This is the address to which all agendas, letters and other
materials will be forwarded.
1
~
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton
3each, Florida, hereby applies to the City Commission to vacate/abandon, and
:iiscontinue the,
(check one) :
v---
ALLEY
STREET
SPECIAL PURPOSE EASEMENT
OTHER NONFEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and disclaim any right
of the City and the public in and to any land in connection therewith.
Said application is to be filed with the Planning Department in triplicate
and applications involving more than one of the above listed nonfee interests
shall be filed separately. Ea~h application so filed shall be complete in
every respect.
The undersigned hereby certify:
1.
2 .
3.
4.
5.
That a complete and accurate legal description with the specific
property interest sought to be vacated or abandoned, including where
possible a plat map or drawing showing the general area and location
involved, is set forth in Exhibit II A" attached hereto.
That the title or interest of the City and the public in and to the
specific property interest described above was acquired and is evidenced
by,
( check
one) :
(
(
(
./
) DEED
) DEDICATION
) PRESCRIPTION
L:/:l~~a~~Xunty ,
;).5 I
Book SS1tf ,
Florida.
, and
Page
Recorded in
Public Records
That no similar application has been considered by the City at any time
within six (6) months of the date hereof, and should this application be
granted, such abandon~ent and vacation will prevent no other property
owners from access to and from their property and not other property
owners in the vicinity will be adversely affected.
That the above described property interest is under the control and
jurisdiction of the City Commission of the City of Boynton Beach,
Florida; is not a part of any state or federal highway system; and was
not acquired or dedicated for state or federal highway purposes.
That the following constitutes a complete and accurate schedule of all
owners and occupants bounding and abutting the property interest
described above.
2 fcf
NAME
~
~J.t '/;11ft ~'\111'''~ 1:9)/ sw /~1J:5f. #~rIH IIN" ~k-lltlt$ f'IJ6 ~~/-ftJ: Av~..
~fN" D8L/aliS/JlDlfOBliO,I6 f ot~f~3a.o"o 'IODao
:r~5~fk~lAUV',,- Z.UC:~""'''l\ /5'0/ S.t.J"r:!:~ lnm'c'?u1..SS(> /1(0; 5tJ "tl::./Iw...
~A* 09"~"~3z.(J"o'ao/~o 0IC/~Y$'1ZIS"'0''1ootfl.
-:r'rl)flL l.4z,..u ,L/btJ !sl'-J 11t!::/t"t... cJ,_~~ frlo:,,,wr-jJf.r It/f)' SlJ/71::-1Iuc..
AffJ ~ 01 tfJ l/S" 0,.01/ O!I.( iJOJ 0 ~ f4-3 ciS" '!J1-0 4 If "(JelA.
~&J.iHt.. h fll'l.J Il./n 7 ~.Io). 17t!:: Ave .
oe"?J'I~ ~Jo"l d84./ OO~
6. That the following grounds and reasons are submitted in support of this
application:
t>+ilit~
d... ___ e"-<!1.~ in ~ "~di." kcu '''0 t.o.~~..J- OJ<- ~ ;..: 2'" &
U'J.1rcJ,(,. n~.. "/leA.. -/;u ~\,. ;./- ,.bo./'m~1J 10 Jl?rouetJ ~;tA.. our rneIJr~
~ ,
)nu;ldl; .
. , ~k. ~DIJ ,
t
''In\.:). b Vl97
\
T(S) NAME (PLEASE SIGN)
DATED:
ADDRESS
~/.-r~
5"$"" S'./ikJ k7A~~
~{. 3]1/31-
~~/ll'( I c...
A..b~~
,
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant (s) 'being first duly sworn by me the day and year
above indicated, deposed and stated that he are/is the applicant(s)
in the foregoing Application to Abandon/Vacate; that they have read the same
and that the facts therein set forth are true and correct to the best of
their knowledge.
My Commission Expires:
S:\PLANNING\SHARED\WP\FORMS\APPS\ABAN\ABANDON.WPD
April. 1997
OFFI J
JUT A N DOBBELAER
NOfARY PUBUC STATE OF FLORIDA
COMMISSION NO. CC509336
MY COMMISSION EXP. NOV, l:,l"'~
3
/5
EXHIBIT "F"
1ft;
EXHIBIT "F"
Conditions of Approval
Project name: Woolbright Twin Medical fka Woolbright Medical Offices
File number: ABAN 97-005 (utility easement)
Reference: Abandonment application submitted November 12. 1997. File No. ABAN 97-005.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVlRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
.
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
/bme
s:\projects\cond of appr\
-OEVELOPMENT ORDER
CITY \ BOYNTON BEACH, FLORIDA
PROJECT NAME: Woolbright Twin Medical Plaza fka Woolbright Medical Offices
APPLICANT: Fredric Newman
APPLICANT'S AGENT: David Remland
APPLICANT'S ADDRESS: 555 South Federal Highway, Suite 350, Boca Raton, Florida 33432
DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998
TYPE OF RELIEF SOUGHT: Abandonment (utility easement)
LOCATION OF PROPERTY: Southwest corner of Woolbright Road and the E-4 Canal.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
.lL HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby,
.lL GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDA TA\Planning\SHARED\WP\Projects\Woolbright Twin Medical\ABAN\DEVELOPMENT ORDERdoc
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORI DA 33425-0310
FAX: (561) 375-6259
PLANNING AND ZONING DIVISION
to:
David Remland
fax #:
561-347-3410
from:
Jackie, B.B. Plan & Zoning
date:
--'anuary 14. 1998
re:
Woolbright Twin Medical Plaza f/kIa
1/20/98 C.C. meeting
pages:
20 , 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
J :\SHRDAT A\PLANNING\SHARED\WP\FORMS\FAX FORM.DOC
375-6260
Fax: 375-6259
r
\
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. ENG 97-235
Tambri Heyden, Planning & Zoning Administrator
Bulent Kastarlak, Development Director J!? 1<-
Date: December 8, 1997
To:
From:
Re: Woolbright Twin Medical Plaza
Abandonment Application
"Grant of Easement" property description should be revised as follows:
". . . the Southwest comer of said Parcel "D"..."
should read:
"... the Northwest comer of said Parcel "D"..."
The abandonment of the subject unused water easement is recommended for approval with the
change in description reflected above.
BIK:mh
Cc: Sue Kruse, City Clerk
C:\DOCUMENTS\MISCMH\WOOLBRIGHT 1WIN MEDICAL PLAZA - ABANDONMENT.DOC
ill
DEe 9 f9f11
001
rn@rno\VJrn
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. ENG 97-235
PLANNING AND
ZONING DEPT.
To:
Tambri Heyden, Planning & Zoning Administrator
Bulent Kastarlak, Development Director J? 1<-
Date: December 8, 1997
CC(0)~1f
From:
Re: Woolbright Twin Medical Plaza
Abandonment Application
"Grant of Easement" property description should be revised as follows:
". . . the Southwest corner of said Parcel "D"..."
should read:
"... the Northwest corner of said Parcel "D"..."
The abandonment of the subject unused water easement is recommended for approval with the
change in description reflected above.
BIK:mh
Cc: Sue Kruse, City Clerk
C:\DOCUMENTS\MISCMH\WOOLBRIGHT TWIN MEDICAL PLAZA - ABANDONMENT.DOC
m~
m 0 \VI m
..
ill
IS
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. ENG 97-235
PlANNING AND
ONING DEPI
Tambri Heyden, Planning & Zoning Administrator
Bulent Kastarlak, Development Director P' I Z
Date: December 8, 1997
To:
From:
Re: Woolbright Twin Medical Plaza
Abandonment Application
"Grant of Easement" property description should be revised as follows:
" . . . the Southwest comer of said Parcel "D"..."
should read:
" . . . the Northwest comer of said Parcel "D"..."
The abandonment of the subject unused water easement is recommended for approval with the
change in description reflected above.
BIK:mh
Cc: Sue Kruse, City Clerk
C:\DOCUMENTS\MISCMH\WOOLBRIGHT TWIN MEDICAL PLAZA - ABANDONMENT.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97- 549
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP (1JJ {Jw
Planning and Zoning Direcct~r
TO:
DATE:
November 21, 1997
RE:
Woolbright Twin Medical Plaza (fka - Woolbright Medical Offices) -
ABAN 97-005
Utility easement abandonment
Accompanying this memorandum you will find one (1) copy of the application and related
documents for the above-referenced abandonment application. The $500.00 application fee for
staff processing and review has been forwarded to the Finance Department.
A legal advertisement for same has been prepared for the December 22, 1997 Planning and
Development Board and will be forwarded to your office after review by the City Attorney. In
order for our department to meet the deadline for preparing Planning and Development Board
agenda materials for this request, comments from staff and the various concerned parties must
be received by our office by December 4, 1997.
Please inform staff of this time frame when distributing copies of this request for comment. If
easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank
you.
TJH:bme
s:\projects\woolbright twin medical\aban\legalnot
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two (2)
working days prior to the first publishing date requested below.
ORIGINATOR: Planninq and Zoninq Division
PREPARED BY: Jerzy Lewicki
DATE PREPARED:
November 21. 1997
BRIEF DESCRIPTION OF NOTICE OR AD: Abandon of utility easement - Woolbriqht Twin
Medical Plaza (fka Woolbriqht Medical Offices)
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Standard Leqal Ad for the Planninq and Development Board meetinq of December 22. 1997
SEND COPIES OF AD TO:
Planninq and Zoninq Director.
Newspaper. adioininq property owners. applicant and
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: December 5, 1997
LAST DATE TO FAX TO NEWSPAPER: December 3.1997
APPROVED BY:
-~.
if t U
1/. -0"
" ' I ( " .J .1<J
'j I
/ I
//~24J11
(Date)
(1) 1/, ,I
(Originator)"
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
s:\projects\woolbright twin medical\aban\legalnot
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board and City Commission
of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS at CITY
HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, December 22, 1997 and on Tuesday, January 20, 1998, respectively, at 7:00 p.m.
to consider a utility easement abandonment application submitted by David Remland, agent for
Fedric Newman, property owner of a 2.7 acre parcel located at the southwest corner of
Woolbright Road and the E-4 Canal. The utility easement is proposed to be abandoned in
connection with development of the parcel as the Woolbright Twin Medical Plaza, former
referred to as Woolbright Medical Offices. Said easement is more particularly described as
follows:
A PORTION OF PARCEL "D" OF THE PLAT OF PALM BEACH LEISUREVILLE
10TH SECTION AS RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH
141, PALM BEACH COUNTY PUBLIC RECORDS.
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID PARCEL "D" RUN N69011'14"E
ALONG THE NORTH LINE OF SAID PARCEL "D" A DISTANCE OF 204.23
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 849.46 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 04007'13" A DISTANCE OF 133.00 FEET TO THE
POINT OF BEGINNING.
CONTINUE THENCE ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 00022'18" A DISTANCE OF 12.00 FEET; THENCE
S16030'24"E A DISTANCE OF 23.88 FEET; THENCE S00022'42"W A
DISTANCE OF 149.89 FEET; THENCE N89037'18"W A DISTANCE OF 12.00
FEET; THENCE N00022'42"E A DISTANCE OF 148.11 FEET; THENCE
N16030'24"W A DISTANCE OF 22.10 FEET TO THE POINT OF BEGINNING.
All interested parties are notified to appear at said hearing in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development
Board with respect to any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Post
December 5, 1997
S:\SHARE\PROJECTS\woolbright twin medical\aban\LEGALNOT
M,EETING MINUTES
REGULAR CITY COMMISSI\".~
BOYNTON BEACH, FLORIDA
JANUARY 20, 1998
Commission comments and comments added this evening. Commissioner Tillman seconded
the motion that carried 4-1. (Commissioner Bradley dissented.)
Motion
Commissioner Jaskiewicz moved to approve the land use amendment for Woolbright Place
PUD as per staff comments and all those included at this Commission meeting this evening.
Commissioner Tillman seconded the motion that carried 4-1. . ,(Commissioner Bradley
dissented.) ,_'..
<:~~l-':[j ~::':~~:J
B.
Project:
Agent:
Owner:
Location:
Description:
. Woolbright Twin Medical Plaza (f.k.a. Woolbright Medical Office)
David Remland .]" :; '. -,~'~
Fredric Newman . f."~' r .....~:":.
Southwest comer of Woolbright Road and the E-4 Canal
Request for a 12' wide utility easement abandonment in
connection with development of the parcel as the Woolbright Twin
Medical Plaza, formerly referred to as Woolbright Medical Offices
(Proposed Resolution No. R9B-1?J : ~"i". "L.
t' . ~. ;:"". '. _ e
The applicant was not present, and staff had no additional comments to offer.
f'
Motion
Vice Mayor Titcomb moved to approve Agenda Item VII-B for the abandonment of a 12-foot
wide utility easement for Woolbright Twin Medical Plaza~ Commissioner Bradley seconded the
motion that carried 5-0.
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Discussion of Possible Town Meeting
Commissioner Jaskiewicz questioned whether any future town meetings are contemplated.
)"~ ~~7-
Mayor Ta~lor is in favor of such meetings but suggested delaying them until after the election on
March 10 .
B. Early Retirement
Commissioner Bradley requested that the Finance Director prepare a report spelling out the
cost analysis of early retirement in each department.
18
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20, 1998
Diane Reese, Finance Director, advised that she is working on these figures and should have a
report available by the end of this week.
City Manager Willis said that information will be included in the reorganization report on the next
agenda.
C. MPO Report
Commissioner Bradley advised that after an MPO meeting, at a luncheon meeting for the
Governor, the chairman of the MPO asked him why he had not brought up a topic the Mayor
and City Manager had discussed with him a few days earlier. While Commissioner Bradley
understands the importance of the Sunshine Laws, he felt the fact that a four-year MPO
member had not been brought up to date about plans and discussions members of this City
were having reflected badly on the City. He was embarrassed personally and it reflected back
to a time when a select few in power were making decisions. Commissioner Bradley requested
an explanation as to why he was not informed about the discussions.
Mayor Taylor explained that at a meeting with Mr. Coons to open dialogue on opportunities for
funding, the idea of bicycle lanes that might tie all City development together came up. This
was an exploratory meeting over lunch. Mr. Coons made some suggestions that the City might
try to put together some plans and propose them to the MPO. That luncheon meeting was held
on Tuesday, and the MPO meeting was held on Thursday. Mayor Taylor was of the opinion that
the City Manager would ask staff to put together a proposal to be presented by Commissioner
Bradley as the City's MPO representative. In Mayor Taylor's opinion, Mr. Coons jumped the
gun. Mayor Taylor offered an apology.
Commissioner Bradley advised that Mr. Coons told him he asked Mayor Taylor and City
Manager Willis to mention the discussion so that he could bring it up at the MPO Meeting.
Commissioner Bradley believes the Mayor and City Manager had the City's best interests in
mind, but felt there was a lack of respect and protocol.
D. Veterans' Grave Markers
Mayor Taylor reported that the Veterans Council asked the City to work with them to place
markers on approximately 50 unmarked graves. They have worked with the Cemetery Board.
In reading the Cemetery Board minutes, the Veterans Council is planning to come back to the
Commission to ask for permission to move forward in order to complete this project before
Memorial Day.
City Clerk Sue Kruse advised that a monument company woutd sell the markers at a very low
discounted price. The Veterans Council will pay the cost of the markers and a local funeral
home will pay for the concrete. The Cemetery Board has reached a consensus and is in
agreement with having this done. An attempt will be made to contact the next of kin.
John Wildner, Acting Director of Recreation & Park Department, said the Council's issue of
concern is their plan to write a letter to the next of kin to seek permission to place the markers at
the Council's expense. The Council wants Commission approval of their plan since the property
belongs to the interred. In their letter, the Council will provide a date by which a response is
required. If no objection is voiced, the markers will be placed on the graves. There is a concern
19
MJEETING MINUTES
REGULAR CITY COMMISSI\.I~
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
that some of the people may not be able to be reached in a timely fashion. The letter will also
indicate that if anyone ever comes forward and voices an objection, the marker will be removed.
At the City Attorney's suggestion, the Council plans to bring this issue to the Commission for
input. Mr. Levine indicated this morning that he plans to move forward with a letter to the City
requesting action by the Commission at the next City Commission meeting.
Consensus
There was a consensus of the Commission to move forward with this project and have staff and
the City Attorney deal with this.
E. Commission Sitting as CRA
Vice Mayor Titcomb said this has been a reoccurring item at the City Commission/Chamber of
Commerce Workshops. There are several things coming up in the near future that will create
movement on the issue of the CRA.
Vice Mayor Titcomb feels one time period per month (one-half hour or one hour) should be
designated during City Commission meetings to sit as the CRA and discuss specific CRA
issues. This would help to answer some of the questions about whether or not the City
Commission will continue to remain the CRA.
Commissioner Tillman suggests conducting a workshop meeting to determine exactly what is
expected of the Commissions with respect to the CRA and how information will be disseminated
on these issues.
Attorney Cherof advised that the CRA meetings can be held during the regular City Commission
meetings. However, the regular meeting would be recessed and then reconvened at the
conclusion of the CRA meeting.
Commissioner Jaskiewicz suggested designating the four scheduled workshop meetings with
the Visions 20/20 consultants as CRA meetings.
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 097-52 Re: Submitting to referendum an
amendment of the City Charter abolishing the Civil Service system for all
new personnel hired after March 30, 1998; providing for form of question
to be presented at the referendum election, providing for title language
and explanatory language for advertisement of said referendum election
to be published in accordance with the Code of Ordinances, the Charter
of the City of Boynton Beach and the State of Florida Election Code, and
providing for submission of amendments to the Department of State
Attorney Cherof read Proposed Ordinance No. 097-52 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
20
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20, 1998
Dee Zibelli. 440 Ocean Parkwav. asked for clarification of the wording of the ballot question.
Attorney Cherof read the exact ballot language that is' included in the body of the Ordinance.
David Katz. 742 NW 11 th Street. explained that full-time employees are probationary for one
year under Civil Service. The Ordinance is siler.t on the people who may be probationary on
March 30, 1998. He questioned how these employees would be dealt with because they have
no rights under Civil Service even though they were hired with expectations of being covered by
Civil Service.
Attorney Cherof advised that the Ordinance only addresses the employees hired after March
30th. The employees with probationary status would be covered under Civil Service if they
choose Civil Service.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-52. Commissioner
Tillman seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
2. Proposed Ordinance No. 097-53 Re: Submitting to referendum an
amendment to the City Charter by deleting Sections 72.4, 72.5, 72.6,
72.7, 72.8, and 72.12 in their entirety, thereby sunsetting the Civil Service
Board, and directing the City Commission to adopt an ordinance providing
for an administrative procedure for the processing of grievances
Attorney Cherof read Proposed Ordinance 097-53 by tiUe only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
Dee Zibelll. 440 Ocean Parkwav. reminded the Commissioners of her request to change the
word sunsetting in the Ordinance because people do not understand its meaning. She
recommended using the word "abolish". In addition, she urged the Commissioners to
reconsider this Ordinance since Civil Service is useless without a Civil Service Board. She is
opposed to this Ordinance.
David Katz. 742 NW 11th Street. recalled that at a workshop meeting, the Mayor and
Commissioners said they would not eliminate the Civil Service Board and would grandfather in
the employees. This is a 180-degree turn and supporters of this Ordinance are trying to get a
"second bite at the apple" by eliminating the board. Using the word "sunsetting" is unfair
because people might think the board would rise again someday. Not having this board is a
mistake.
Mayor Taylor said he never made the comments mentioned by Mr. Katz. During the workshop
meeting, he voted on the system - not the board.
Attorney Cherof advised that he suggested an amendment to Section 5 of the Ordinance on
second reading to delete the first and last paragraphs, and that the tiUe be: "Amendment of
21
MEETING MINUTES
REGULAR CITY COMMI~$IOt-.
BOYNTON BEACH, FLORIDA
JANUARY 20, 1998
Charter to eliminate Civil SerVice Board..." and the explanatory language would be only what
appears as the second paragraph that reads: "This Amendment of the City Charter would
eliminate the Civil Service Board, and require the City Commission to provide for an alternative
administrative procedure to process grievances".
Motion
Commissioner Tillman moved to amend Section 5 as follows: "Amendment to Charter to
eliminate Civil Service Board", and the explanatory language would be: "This amendment of the
City Charter would eliminate the Civil Service Board, and require the City Commission to
provide for an alternative administrative procedure to process grievances." Commissioner
Jaskiewicz seconded the motion.
In response to Vice Mayor Titcomb, Attorney Cherof advised that if a Civil Service case was
initiated prior to the passage of the ballot question, the case would be continued and the board
would be phased out thereafter. The board will continue to sit for all open cases until they are
resolved.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-53. Commissioner
Tillman seconded the motion.
Commissioner Bradley asked if the binding arbitration discussed a few weeks ago was for the
PPM. Attorney Cherof responded affirmatively.
Commissioner Bradley asked if we know what the administrative procedure for processing
grievances will be. Attorney Cherof explained that immediately following that passage, the
Commission will adopt the procedure.
Commissioner Bradley feels the promise that three Commissioners made to grandfather in the
existing employees to the Civil Service System was taken away by the potential defeat of the
Civil Service Board. The system loses its teeth if the board is eliminated. He questioned
whether there should be discussion about the tool that will replace what is serving the
employees now.
Mayor Taylor said there was a consensus of the Commission during the workshop that we go to
binding arbitration. However, Commissioner Bradley explained the binding arbitration was for
the PPM.
Vice Mayor Titcomb questioned whether a board would serve the people remaining in the
system because they are grandfathered into the Civil Service system.
In Attorney Cherofs opinion, a board would not serve the grandfathered employees. This
Charter amendment would abolish the Civil Service Board. ,That board will only exist for the
cases that started while the board was in existence. Binding arbitration can take the board's
place as proposed under the PPM.
22
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
Dale Sugerman, Assistant City Manager, asked Attorney Cherof to comment on any current
collective bargaining agreements as they relate to this question.
Attorney Cherof explained that the bargaining agreements lock in a process for certain
employees. If the votei'S pass the ballot questions, there will be an impact on the bargaining
agreements. It is his opinion that if the employees covered by the agreements, or their unions,
are unhappy that this is a material change in what they bargained for, they will bring the City a
request to reopen those provisions of the bargaining agreements. However, he pointed out that
they might be very happy with the alternative process and wish to waive the requirement for
impact bargaining. Attorney Cherof reminded everyone that the Commission is not abolishing
the Civil Service Board. The voters will make that decision.
City Clerk Sue Kruse polled the vote. The vote was 4-1. (Commissioner Bradley dissented.)
3. Proposed Ordinance No. 098-01 Re: Rescinding, in its entirety,
Ordinance No. 097-40 which submitted to referendum an amendment of
the Charter to delete Article IV-A entitled Merit System for Personnel and
which was passed on August 5, 1997
Attorney Cherof read Proposed Ordinance No. 098-01 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ITEM.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 098-01. Commissioner
Jaskiewicz seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
4. Proposed Ordinance No. 098-02 Re: Amending Chapter 18,
Section 18-82(2) of Ordinance No. 96-04 regarding repayment of
withdrawn contributions following reemployment by the City
Attorney Cherof read Proposed Ordinance No. 098-02 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ITEM.
Motion
Commissioner Bradley moved to approve Proposed Ordinance No. 098-02. Commissioner
Tillman seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
23
- MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20, 1998
5. Proposed Ordinance No. 098-03 Re: Amending Chapter 21 ot the
Land Development Regulations, Signs, by amending Article II,
"Variances/Exemptions and Prohibitions", Section 3.H.
Attorney Cherot read Proposed Ordinance No. 098-03 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ITEM.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098-03. Commissioner
Tillman seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
6. Proposed Ordinance No. 098-04 Re: Amending Chapter 1, ot the
Land Development Regulations, Article II Definitions, providing tor
revision to the definition of roof sign and the creation ot a definition of
parapet sign
Attorney Cherot read Proposed Ordinance No. 098-04 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ITEM.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 098-04. Vice Mayor
Titcomb seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
B. Ordinances - 1 It Reading
1. Proposed 0rdinance No. 098-05 Re: Amending Chapter 15 ot the
Code ot Ordinances to provide additional powers to the Nuisance
Abatement Board
Attomey Cherot read Proposed Ordinance No. 098-05 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098-05. Commissioner
Tillman seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
24
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
2. Proposed Ordinance No. 098-06 Re: Adopting new Personnel
Policy Manual
Attorney Cherot read Proposed Ordinance No. 098-06 by title only.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 098-06. Vice Mayor
Titcomb seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
3. Proposed Ordinance No. 098-07 Re: Amending Ordinance 97-37
to clarify that the length ot each term would remain at two years, and the
number ot terms an elected officer could hold would not be limited
Attorney Cherot read Proposed Ordinance No. 098-07 by title only.
Motion
Vice Mayor Titcomb moved to approve Proposed Ordinance No. 098-07. Commissioner
Jaskiewicz seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
4. Proposed Ordinance No. 098-08 Re: Amending Chapter 7, Article
1, Section 3.A.1.b. ot the Land Development Regulations ot the City of
Boynton Beach providing tor the enforceability ot letters ot credit having
expiration dates
Attorney Cherot read Proposed Ordinance No. 098-08 by title only.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 098-08. Commissioner
Jaskiewicz seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was 5-0.
C. Resolutions:
1. Proposed Resolution No. R98-18 Re: Opposing zoning change
trom Residential to Industrial for B/E Aerospace Property (Requested by
Commissioner Matt Bradley)
Attorney Cherot read Proposed Resolution No. R98-18 by title only.
25
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
If the Commission would like an Ordinance brought forward, there are specifics that must be
included regarding size, cOlor, design, capacity and administrative fees. He suggested that the
Commission moves forward the concept of a newsrack ordinance and ask staff to provide input
regarding the specifics.
Commissioner Jaskiewicz is in favor of enforcing an ordinance with regard to newsracks. In
response to Commissioner Jaskiewicz, Attorney Cherof advised that Delray Beach addresses
only the issue of set specifications such as size, design, and color so that there is uniformity in
look.
Mayor Taylor likes the concept of the modular racks that were presented to the Commission
previously, and he is willing to move forward on that. He reminded everyone that there was
some discussion with the County relative to how the racks could be placed in their rights-of-way,
and the County decided the only thing they care about is that the racks conform to the State
regulations.
Attorney Cherof will return the fine-tuned model news rack ordinance and staff can provide the
information for filling in the blanks in the ordinance. Those specifics will be delineated on the
face of the document.
Consensus
There was a consensus of the Commission to move forward in this manner.
2. Consider Code Compliance Board request for lien reduction to $500 for
David P. Penegor, 416 South Seacrest Boulevard - Code Compliance
Case #97-1091
Scott Blasie. Code ComDllance Administrator. advised that Mr. Penegor was not present this
evening. In response to Commissioner Bradley, Mr. Blasiesaid the administrative costs were
$922.21. Mr. Penegor did not appear at any of the Code Compliance Board hearings. Staff
received service for the original hearing by posting the property.
Motion
Commissioner Jaskiewicz moved not to reduce the fine lower than $922.21. Commissioner
Bradley seconded the motion that carried 5-0.
3. Consider Code Compliance Board request for lien reduction to $8,326.18
for Florida Four Seasons Manor, 1708 NE 41h Street - Code Compliance
Case #96-137
Scott Blasie. Code ComDllance Administrator. reported that no one appeared at the Code
Compliance Board hearings. The Palm Beach County Health Department referred this matter to
the City. Our case revolved around a roof repair that was made without a permit. The property
owner and Mr. Shane, representing the property owner, were present in the audience.
27
MEETING MINUTES
REGULAR CITY COMMI&_jON
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
Mr. Rosenbach, Director of Florida Four Seasons, approached the podium and explained that
he purchased this home approximately two years ago. The facility was in need of many repairs.
It was under foreclosure and had over 100 violations. He moved forward and made repairs to
correct all of the problems. His own staff repaired the roof. When he was notified about the
violation, he could not pull the permit because he had not used a licensed roofer. Because the
roof W2S repaired, he could not get a roofer to pull a permit. A few months ago, he was able to
get a roofing contractor to pull the permit. Two years ago, a fine was placed on the facility for
$25 per day. There are no violations existing today.
Commissioner Jaskiewicz questioned why no representative attended the Code Compliance
Board hearings.
Mr. Rosenbach explained that he did not know about the hearings. He also said he overlooked
them.
Tim Shane, attomey, requested that the Commission consider this situation because the facility
is being charged such a tremendous amount of money. The only thing the violator did wrong
was to neglect to pull the permit. When he took over the home during the Christmas holidays,
there were leaks in the roof. The violator fixed the roof and was unable to get a contractor to
pull a permit because the work was completed. The violator was trying to solve the problems
that existed on the site.
Commissioner Jaskiewicz pointed out that Mr. Rosenbach should have communicated with the
Code Compliance Division. Mr. Blasie could have been an intermediary between Mr.
Rosenbach and the Board.
Mr. Rosenbach said he spoke with Mr. Blasie many times, but his problem arose when he could
not get a contractor to pull a permit.
Commissioner Jaskiewicz reminded him that someone should have appeared at the hearing to
explain the situation.
In response to Commissioner Bradley, Mr. Blasie explained that the violator was active in trying
to resolve this situation once the fine started to mount. The file on this case is two years old, but
there are no notations in the file until the second year. The violation was cited in January, and
the fine was certified in May. No one attended any of the meetings. Today, the overall facility is
improved and after a check with the Health Department, Florida Four Season& Manor has a
clean slate. There were originally 227 violations on this property.
Mayor Taylor feels the fine imposed is excessive.
Motion
Vice Mayor Titcomb moved to reduce the fine to $1,500 plus administrative costs of $826.
Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley
dissented.)
28
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
4. Approve Code Compliance Board request for lien reduction to $672.21 for
James Johnson, Jr., 913 North Seacrest Boulevard - Code Compliance
Case #96-2246
Scott Blasie. Code ComDliance Administrator. reported that no one appeared at the original
hearing. Mr. Johnson visited his office on the day of the hearing to request 60 days for
compliance. The Board granted that request, but Mr. Johnson did not attend the hearing
because he had to work. This is a drive-through store on North Seacrest just south of EZ Mart.
The cul-de-sac was all dirt and weeds and the driveway was in serious disrepair. In addition,
the building needed painting. Once Mrs. Johnson got involved, the case complied.
Mrs. Johnson. 913 North Seacrest Boulevard. said they were unable to attend the meetings
because of sickness and work. They had serious financial problems for a long time. The site is
now in compliance. She urged the Commissioners to hold the fine to $672.21.
Commissioner Bradley noted that there was a 4-3 vote at the Board to reduce this fine to
$672.21. He questioned whether the opposing votes were in favor of a higher penalty. Mr.
Blasie responded affirmatively. Mr. Blasie confirmed that the administrative costs totaled
$922.21.
Motion
Commissioner Tillman moved to approve the lien reduction to $672.21. Vice Mayor Titcomb
seconded the motion that carried 4-1. (Commissioner Bradley dissented.)
XII. UNFINISHED BUSINESS:
A. Review progress of negotiations for the construction of the paver block
monograms at designated intersections, and consider the agreement with FOOT
and funding for the project
City Manager Willis advised that this issue was brought forward because in spite of all efforts to
resolve this or keep it from being dropped from the contract, FOOT says it will cost $127,500
and take three weeks per intersection for installation. City Manager Willis recommends holding
off on this because of the expense involved for this feature.
Mayor Taylor agreed that this feature is too expensive and he does not want to pay $127,500
for it.
Consensus
There was a consensus of the Commission to hold off on this feature because of the expense
involved.
XIII. OTHER:
None
29
MEETING MINUTES
REGULAR CITY COMMI.... ..)IOh
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
XIV. ADJOURNMENT:
There being no further business to come before the Commission, the meeting properly
adjourned at 10:20 p.m.
CITY OF BOYNTON BEACH
/t-d~
-Mayor . .... f
d- yz;
ryO' -
r.
ATTEST:
-Commissioner
~.~
Commissioner
~~~~a~
Ci lerk
~ >n. p~
o puty City Clerk
(Four Tapes)
-
----
Commissioner
30
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
Motion
Mr. Dube moved to approve the minutes of the January 13, 1998 meeting as submitted.
Mr. Friedland seconded the motion, which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
Final City Commission Disposition of the December 22, 1997
Planning and Development Board meeting agenda items
Ms. Heyden reported the following:
.:. Text amendment to the sign code pertaining to roof signs - approved on
second reading l~l!,:. 'i . -~.,'..~ Ccn-.IY'r>")LS
.:. Zoning Code Variance - Four Steel Communication Tower for setbacks and
landscaping - approved
.:. Land Use Amendment/Rezoning - Foster Property - approved for transmittal
to the Department of Community Affairs (hereinafter referred to as "DCA")
.:. Woolbright Place PUD - Master Plan Modification, Land Use Amendment,
and Rezoning/Land Use Amendment - approved for transmittal to the DCA
.:. Utility Easement Amendment - Woolbright Twin Medical Plaza - approved
.:. School Siting Amendment to the Comprehensive Plan (required by State
Law) - this has been put on hold
B. Quarterly Report for Site Plan Waivers and Minor Site Plan
Modifications
This report was provided to the members of the board.
6. OLD BUSINESS
None.
2