LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Buifdjng
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
February 12, 1999
Peter Browne
797 Chuckker Road
Delray Beach, FL 33483
Re:
FileNo.:
Location:
Peter Browne
ABAN 98-006
125 SW 1st Ave.
Dear Mr. Browne:
Enclosed is the City of Boynton Beach Recorded Ordinance for abandonment approval granted
on February 2, 1999.
Should you have any questions regarding this matter, please feel free to contact this office at
561-742-6260.
Sincerely,
-I-L'. C -L-
Michael W. Rumpf
Acting Manager of Planning & Zoning
MWR:ja
J:\SHRDAT A\PLANNlNG\SHARED\wP\PROJECTSIBROWNE_PETER\ABAN\ORDINANCE NO 99 04DOCDOC
America's Gateway to tile Gulfstream
tOO East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida JJ425~031O Phone: (561) 375-6260 FAX: (561) 375-6259
ORDINANCE NO. cJ99-<1~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ABANDONING
A CERTAIN EASEMENT SEGMENT, (LOCATED AT 125
SW 1 Sf AVENUE); SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID ABANDONMENT; PROVIDING
THAT THE AlTACHED DISCLAIMER BE RECORDED IN
THE PUBUC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING FOR CON FUCTS,
SEVERABILITY AND AN EFFECTIVE DATE.
i! WHEREAS, the applicant, Peter Browne, property owner, has requested
,
i
abandonment of a segment of an easement, located at 125 SW 1st Avenue; and
WHEREAS, comments have been solicited from the appropriate City
Departments; and
WHEREAS, public hearings have been held before the City's Planning and
Zoning Board and the City Commission on the proposed abandonment; and
WHEREAS, based on the foregoing information, the said alley no longer
I serves any useful purpose.
II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
I OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
! by and through its City Commission does hereby abandon a segment of an
I easement, located at 125 SW 1st Avenue, and more particularly described in
i Exhibit "A", subject to utility easements to Boynton Beach Utilities Department,
Florida Power & Light, Bell South and Comcast, included in the attached
Conditions of Approval.
Section 2. The Mayor and City Clerk are hereby authorized and directed
to execute and deliver the attached Disclaimer and cause the same to be filed in
the Public Records of Palm Beach County, Florida.
Section 3. All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
Section 4. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by a court of competent
II jurisdiction to be invalid, such decision shall not affect the remainder of this
,
" ordinance.
Section 5. This ordinance shall become effective immediately upon
passage.
FIRST READING this.LL day of ...::7.4A/aA~f/ 1999.
SECOND, FINAL READING AND PASSAGE this ~ day of
~RUI"IR'I . 1999.
Mayor
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EXlIIBIT "e"
Conditions of ApJlroval
Project name: Peter Browne
File number: ABAN 98-006
Reference: Abandonment aoolication dated Julv 24. 1998.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X ..-
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. All utility easements acceptable to Boynton Beach Utilities Department, X
F. P. & L., Bell South and Comcast are recorded prior to fmal approval.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. None X
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
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EXHIBIT "A"
i
" That portion of a 20 foot wide alleyway lying northerly of and adjacent to lots
#35 and #36, Block 12, bounded on the north by the southerly line of lots #10
and #11, Block 12, and bounded on the east by the northerly extension of the
easterly line of Lot 36, Block 12, and bounded on the south by the northerly line
of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights
revised plat recorded in Plat Book 10, Page 64 of the Public Records of Palm
. Beach County, Florida.
II
Ii
I,
,
Page 2
Memorandum No. PZ 98-188
ABAN 98-004
Utilities
No objection, subject to dedication of an
eleven-foot easement along the south portion
of the alley.
Planning and Zoning
No objection as long as conditions of
approval are met.
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection with the condition that a ten-foot
utility easement centered over the existing
distribution facilities be established.
Bell South
No objection, subject to dedication of a
twelve foot utility easement for both buried
and aerial cables.
Florida Public Utilities Company
No objection.
Cable Company (Comcast
Telemedia, and
Adelphia)
Comcast requires a ten foot utility
easement.
The following is a description of the zoning districts and land uses of the properties that
surround the subject request (see Exhibit "B" - Site Plan).
North -
Residential property zoned R-1.
East
Residential property zoned R-2, farther east Seacrest Boulevard.
South -
Residential property zoned R-2.
West -
Residential property zoned R-2.
RECOMMENDATION
Staff recommends approval of this abandonment request, subject to conditions included in
Exhibit "C" - Conditions of Approval.
xc: Central File
S:\Planning\SHARED\WP\PROJECTS\Brown - ABAN\staff report-Brownaband.doc
MEMORANDUM
TO:
MIKE RUMPF
ACTING DIRECTOR OF PLANNING AND ZONING
FROM:
SUE KRUSE, CITY CLERK
DATE:
MARCH 12, 1999
RE:
ORDINANCE #099-04
Attached please find a copy of the above mentioned ordinance which was recorded in
Palm Beach County on February 12. 1999.
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c: Development
Engineering
Abandonment Index
Orig. in Ordinance Book
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City Hall: (561) en J-"VVV 742.6060
:F9IX: (561) .1/:>-bU"U 742.6090
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Feb-12-199'3 02:45p. 99-060755
ORB 10930 Pg 1588
111111111111011111111111111111111111111111111111111'
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that attached Ordinance #099-04 consisting of two (2) pages, Exhibit
"A" consisting of (I) page, Exhibit "C" consisting of one (1) page and a map, is a
true and correct copy as it appears in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 5th day of February, 1999.
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SU ANNE M. KRUSE, C C/ <\A.E
City Clerk
February 5, 1999
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ORB 10930 Pg 1589
ORDINANCE NO. tJtjl9..::J';
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ABANDONING
A CERTAIN EASEMENT SEGMENT, (LOCATED AT 125
SW 1ST AVENUE); SAID PROPERlY BEING MORE
PARTICULARLY DESCRIBED HEREIN; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID ABANDONMENT; PROVIDING
THAT THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
. WHEREAS, the applicant, Peter Browne, property owner, has requested
I'
,I abandonment of a segment of an easement, located at 125 SW 1st Avenue; and
WHEREAS, comments have been solicited from the appropriate City
Departments; and
WHEREAS, publiC hearings have been held before the City's. Planning and
Zoning Board and the City Commission on the proposed abandonment; and
WHEREAS, based on the foregoing information, the said alley no longer
serves any useful purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
by and through its City Commission does hereby abandon a segment of an
I' easement, located at 125 SW 1st Avenue, and more particularly described in
Exhibit nAn, subject to utility easements to Boynton Beach Utilities Department,
Florida Power & Light, Bell South and Comcast, included in the attached
Conditions of Approval.
Section 2. The Mayor and City Clerk are hereby authorized and directed
to execute and deliver the attached Disclaimer and cause the same to be filed in
the Public Records of Palm Beach County, Florida.
Section 3. All ordinances or parts of ordinances in conflict herewith be
-
-
ORB 10930 Pg 15'90
and the same are hereby repealed.
Section 4. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the remainder of this
ordinance.
Section 5. This ordinance shall become effective immediately upon
passage.
FIRST READING this..LJ!.... day of .....::?;4/>/U/9/('" 1999,
SECOND, FINAL READING AND PASSAGE this ~ day of
Fir:sRUARY . 1999.
CIlY OF BOY.,NiON
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EXHIBIT "A"
That portion of a 20 foot wide alleyway lying northerly of and adjacent to lots
#35 and #36, Block 12, bounded on the north by the southerly line of lots #10
and #11, Block 12, and bounded on the east by the northerly extension of the
easterly line of Lot 36, Block 12, and bounded on the south by the northerly line
of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights
revised plat recorded in Plat Book 10, Page 64 of the Public Records of Palm
Beach County, Florida.
MECORDER'S MEMO: Legibility of document
unsa~sfactory when received.
- EXHffiIT "e" -
Conditions of Approval
ORB 1 0'330 Pg 15'32
Project name: Peter Browne
File number: ABAN 98-006
Reference: Abandonment aoolication dated Julv 24. 1998.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
CO!!1ment~. None X
~- .-.......~--.-.., ._-=~---..-.... ""_.- -'
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVlRONMENTALIST
Comments: None X
-
PLANNING AND ZONING
Comments:
I. All utility easements acceptable to Boynton Beach Utilities Department, X
F. P. & L., Bell South and Comcast are recorded prior to final approval.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. None X
ADDITIONAL CI1Y COMMISSION CONDITIONS
3. To be determined.
MWRIdim
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: - 'THY H. WILKEN, CLERK PB ctlUNTY, FL
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Feb-12-1999 02:45pI 99-060756
ORB 10930 Pg 1594
1I11111 01111111111111111 H UIII III 11111 II 1111111111111
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida,
does hereby abandon and disclaim a certain segment of an easement, more
particularly described herein as Exhibit "A",
ii
"
,i
IN WITNESS WHEREOF, the duly authorized officers of the City of
Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the
City this 1- day of ,'ii~fWll2I( 1999.
I ATTEST:
l~~~
Su nne Kruse, City erk
CITY OF BOYNTON BEACH, FLORIDA
I__~
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
)ss:
BEFORE ME, the undersigned authority, personally appeared JERRY
TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of
Boynton Beach, Florida, known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged the execution thereof to
be their free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal of said corporation;
and that said instrument is the act and deed of said corporation.
"
"
!!
-IJRB 10930 Pg 1 S9S
WITNESS my hand and official seal in the said State and County this
I'
"
, (J.
:! '1 day of January, 1999.
!I
I My Commission Expires:
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NOTARY PUBLIC, State of Florida
~ ~ Bsrbara M. Madd~n
cS-A ,",commission if CC 760467
,. "" Expires JulV 19, 2002
~ -2 BONDED THRU ..'
~OF ","" ATLANTIC eON DING CO.. IN..
-lJRB 10930 Pg 1596
THY H. WILKEN, CLERK PB COUNTY, FL
EXHIBIT "A"
That portion of a 20 foot wide alleyway lying northerly of and adjacent to lots
#35 and #36, Block 12, bounded on the north by the southerly line of lots #10
and #11, Block 12, and bounded on the east by the northerly extension of the
easterly line of Lot 36, Block 12, and bounded on the south by the northerly line
of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights
revised plat recorded in Plat Book 10, Page 64 of the Public Records of Palm
Beach County, Florida.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 19, 1999
~--==----= .-
Mayor Taylor noted that the Planning and Development Board approved the project by
7-0 vote. Vice tv1ayor Jaskiewicz stated the building was beautiful.
Mayor Taylor asked the applicant if he agreed with all staff conditions and the applicant
stated they did.
MotiQQ
Commissioner Titcomb moved for approval of the project. Motion seconded by Mayor
Pro Tem Tillman. Motion carried 5-0.
C.
Project:
Agent/Owner
Location:
Description:
Peter Brown
Peter Brown
125 SW 1st Avenue
Request for approval for abandonment of
a portion of alley abutting property
Motion
Commissioner Titcomb moved for approval of the project. Motion seconded by
Commissioner Denahan. Motion carried 5-0.
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS
A. Discussion of the addition of a minority and women's preference
for City contracts and bids
Mayor Pro Tem Tillman would like the City Attorney to study the possibility of adopting
a policy for preference to minorities and women in the awarding of contracts and bids.
Mayor Pro Tern Tillman stated that the County and the School Board have adopted this
preference and he has reviewed the County's ordinance and feels it contains some
provisions that the City could utilize in adopting an ordnance. Mayor Pro Tem Tillman
30
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 19, 1999
stated this would provide a means for the City to enhance opportunities for minorities
and women to do business with the City.
Mayor Taylor inquired if the City when requesting contracts asks if a firm is a minority
or women's business. City Manager Willis stated there is no procedure for this. Mayor
Taylor requested that Attorney Cherof prepare a proposed ordinance for consideration.
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 099-02 Re: Amending Chapter 2
Administration, Article <; Section 2-91. Violations and Penalties by
amending "Schedule 0, Civil Penal' ,s" to include penalties for
motor vehicle/boat repairs in commercial or public parking lots
Attorney Cherof read proposed Ordinance 099-02 by title only.
Mayor Taylor stated this was the 2nd Reading of Proposed Ordinance No. 099-02 and
asked if anyone in the public wished to address the Ordinance. Hearing none, closed
the public hearing.
Motion
Mayor Pro Tem Tillman moved to approve Ordinance 099-02. Motion seconded by
Commissioner Denahan.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
2, Proposed Ordinance No. 099-03 Re: Clearly defining the City's
policy regarding board absences and removal
Attorney Cherof read proposed Ordinance 099-03 by title only.
Mayor Taylor stated this was the 2nd Reading of Proposed Ordinance No. 099-03 and
asked if anyone in the public wished to address the Ordinance. Hearing none, closed
the public hearing.
Motion
31
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
-" ~--
JANUARY 19,1999
Vice Mayor Jaskiewicz moved to approve Ordinance 099-03. Motion seconded by Mayor
Pro Tem Tillman.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
B. Ordinances - 1st Reading
1.
Proposed Ordinance No. 000-
(deleted from the age, -)
Re:
Adult entertainment
2. Proposed Ordinance No. 099-04 Re: Authorizing the
abandonment of a portion of alley west of property located at 125
SW 1st Avenue
Attorney Cherof read Proposed Ordinance No. 099-04 by title only.
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No. 99-04. Motion
seconded by Mayor Pro Tem Tillman.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
C. Resolutions:
None
D. Other:
1. Legality of Ocean Ridge Ordinance regarding permits for beach
events
(Tabled until the February ~ 1999 Meeting)
XII. UNFINISHED BUSINESS:
A. Items requested for discussion by Vice Mayor Shirley Jaskiewicz
32
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 19, 1999
1. Ocean Ridge Property Disposition
(Tabled until tile February:t 1999 Meeting)
2. Zip Code Update
Vice Mayor Jaskiewicz stated everyone is pleased with the zip code change. Vice rv1ayor
Jaskiewicz said she contacted a representative from the telephone company after she
noticed on her telephone bill that the mone',I collected for the city tax and franchise fee
was over $1.30. Vice rv1ayor Jaskiewicz stated that the people affected by the new zip
code also have telephone numbers reflecting a city other than Boynton Beach. Vice
Mayor Jaskiewicz asked the telephone representative where the money is going and is it
going to Boynton Beach or Lake Worth' The representative did not know. Vice rv1ayor
Jaskiewicz requested the phone company research this. Vice Mayor Jaskiewicz also
requested that the phone numbers should be changed to reflect that these people live
in Boynton Beach and the representative stated that might be difficult to do. . Vice
Mayor Jaskiewicz stated there are approximately 4,000 phones in this area. At a cost of
$1.30 per phone, this is a matter that should be pursued.
B. Authorizing a public/private partnership pilot program for improving
landscaping and/or signage on property which is nonconforming
(Proposed Resolution No. R99-05)
Vice Mayor Jaskiewicz stated that after the last meeting, Mr. Sugerman condensed a lot
of the information including the application blank from several pag".~ to one page. Vice
Mayor Jaskiewicz stated there is money available for the project to begin immediately
and proposed that the same amount of funds that was put into the fac;ade program be
put into this program, which was $30,000. Vice Mayor Jaskiewicz informed the
Commission that the first big project, which included landscaping, irrigation and other
portions of the project would be borne by the property owner. The only portion of the
project that involved the City was assisting the applicant in applying to the DOT for a
curb cut and some assistance in getting water to his property. The property owner is
assuming all of the cost for the installation of an irrigation system and the landscaping.
The only cost that could be taken from the fund would be assuming the capitalization
fee for the installation of an irrigation meter.
Motion
Vice Mayor Jaskiewicz moved that $30,000 in funds designated for these purposes be
set aside for use in these projects in the CRA area only. Motion seconded by Mayor Pro
Tem Tillman.
33
Mi:ETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 19,1999
Commissioner Denahan inquired if the funds were CRA funds. Vice Mayor Jaskiewicz
stated they would be CRA funds and would be designated only for improvements in the
CRA area.
Mayor Pro Tem Tillman ask2d City ~lanager Willis if the CRA would have to reconvene
to approve this and do we have monies for this.
City Manager Willis responded yes to both questions.
Motion carried 5-0.
Mayor Taylor stated that the reviewer for the appiicants needs to be determined. Vice
Mayor Jaskiewicz stated that the Ad Hoc Landscape Committee had suggested that one
or two members would be involved in the review process in conjunction with staff.
Mayor Taylor felt that the Planning and Development Board should review the projects,
rather than creating another review board.
Mr. Rumpf informed the Commissioners that the projects are mostly projects dealing
with minor changes that would not require site plan approval and that most of the
projects would be eligible for minor site plan process, which is done through the
permitting system. Mr. Rumpf was under the impression that the committee intended
to have staff review the projects. Vice Mayor Jaskiewicz noted that these are non-
conforming properties and that the Planning and Development Board deals with code
issues. These projects require flexibility and that staff is aware of the procedure and it
would be more expeditious to follow the review process suggested by Mr. Rumpf.
Mayor Pro Tem Tillman raised concerns that some property owners might try to
circumvent the system. Vice Mayor Jaskiewicz stated that the properties have already
been identified and there are approximately 123 non-conforming properties with regard
to fac;ade and landscape improvements in the City. Ms, Heyden identified these
properties, Mr. Rumpf stated that uses not allowed by the zoning district would be
allowed. Also, any major modifications of a building would not be allowed without site
plan review. Vice Mayor Jaskiewicz stated the intent of the program is to address
landscaping and signage and to make these properties more aesthetically pleasing.
Commissioner Denahan stated that during many of the Ad Hoc Committee meetings
waiving fees was discussed. Commissioner Denahan inquired if there would be a limit
on the dollar value an applicant would be eligible for. Vice Mayor Jaskiewicz was going
34
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 19, 1999
to suggest a maximum of $2,000. Vice 1V1ayor Jaskiewicz stated this program would
only exist until the ordinance takes effect when everyone has to comply. This program
is an inducement to get the people on board. Vice Mayor Jaskiewicz stated that no
major corporations would be given any incentives and the funds are intended for the
smail businesses in the City.
Mayor Taylor asked how many peopie have to approve the plans. Mayor Taylor felt
that a staff position, as opposed to a particular person, should approve the plans and if
citizens were to serve on the committee, they should own conForming property, not
non-conFormity property with regard to decision making.
City Manager Willis suggested leaving it under the supervision of her oFfice to define
how the application method should be handled. City Manager Willis suggested the
program should be under the direction of Dale Sugerman since it is similar to the City's
fa~ade program. Mayor Taylor did not Feel that the decision making should be left to
one person.
Commissioner Denahan stated she would like to see the program becom..: successful
and thanked Vice Mayor Jaskiewicz for her wonderful efforts in formulizing this
program. Commissioner Denahan proposed that the Commissioners consider having a
landscape and signage committee to review the projects since these are businesses
who are voluntarily participating. Vice Mayor Jaskiewicz stated that staff has the
expertise to provide assistance and should be the ones to review the projects.
Mr. Sugerman thanked Vice Mayor Jaskiewicz for acknowledging his simplification of the
process for applying to participate in the program. Mr. Sugerman stated he wrote the
program to allow the current process to remain in place and gives the City Commission
the exception rule. Mr. Sugerman expiained that an applicant who wished to improve
their non-conforming property now has a process that is cumbersome and burdensome
and in many cases physically impossible. Mr. Sugerman stated his program allows the
applicant to bring in their non-conForming property and their proposed improvements.
Staff would look at it and if staff after looking at the application feels it makes sense
and the City should participate, it would be written up and presented to the Commission
for approval. This gives the Commission the same approval process of any other site
plan.
City Attorney Cherof stated this is the method used for approving grants for the
Neighborhood Improvement Program. The Commissioners were informed that they
approve every single fa~ade grant. Mr. Sugerman stated this would avoid creating
another committee and keep the process simple.
35
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 19, 1999
Commissioner Titcomb asked at what point during the process would staff or the
Commission determine a project needs to go through the Planning and Development
Board process. Mr. Sugerman stated he was unsure on this question and that he wrote
the program for the Director of Development to coordinate the projects.
Mayor Taylor inquired if there should be a method to determining how much money
would fund a particular project and does the Commission need to set a figure. Mr.
Sugerman stated that the program is written that there is a contract between the
parties and the contract will delineate the obligations of the applicant and the City. Mr.
Sugerman said that the City Commission should endorse each contract. Mr. Sugerman
stated that the Vice Mayor was suggesting a cap at $2,000.
Mayor Taylor noted that since staff will review each project and eacr, ,Jroject will be
brought before the Commission for approval', the Commission could make the decision
at that time and a cap would not be necessary. Vice Mayor Jaskiewicz pointed out that
the participant would have to match any grant given by the City.
C. eRA Meeting Dates
Commissioner Denahan stated that at the CRA meeting of November 6, 1998,
Commissioner Titcomb inquired if the CRA meeting should be included before or after
every Commission meeting. City Manager Willis suggested that the CRA could meet
every off-Wednesday, when there is no Commission meeting, and there would be a CRA
Commission meeting on the first Wednesday after the first Commission meeting of the
month. Commissioner Denahan asked if this was the consensus. Commissioner
Denahan objected to a February 10th meeting, tvlayor Taylor suggested that the
meetings be called as required. Mayor Taylor stated that the February 10th meeting is
necessary since there are items that are coming back to the CRA at that meeting.
Mayor Taylor asked Commissioner Denahan if she was unable to attend the February
10th meeting to which she replied she could not. After discussion, it was determined
that the meeting would remain at Wednesday, February 10th.
Attorney Cherof stated that Resolution No. 99-05 needs to be approved.
Motion
Vice Mayor Jaskiewicz moved for approval of Resolution No. R99-05, Motion seconded
by Commissioner Titcomb. Motion carried 5-0.
36
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 19,1999
- -
III. OTHER:
None
XIV. ADJOURNMENT:
There being no further business to come before the City Commission, the meeting
properly adjourned at 10:25 p.m.
CITY OF BOYNTON BEACH
1'v1ayor
Vice Mayor
Mayor Pro Tem Tillman
ATTEST;
City Clerk
Commissioner
,
-O-':'./:?<e.' Jt... JlLu<t.:.<.~
Recording Secretary
(four tapes)
Commissioner
37
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JANUARY 12,1999
7. NEW BUSINESS
A. PUBLIC HEARING
Abandonment
1.
Project Name:
Agent/Owner:
Location:
Description:
Peter Browne
Peter Browne
125 SW 1st Avenue
Request for
abandonment of a
abutting property.
approval for
portion of alley
Chairman Wische instructed Assistant City Attorney Igwe to administer the oath to all
persons who would be testifying this evening.
Chairman Wische instructed the applicant to take the podium. Chairman Wische noted
there were no staff comments. ChairmanWische noted that "said encroachment would
likely be accepted by the utility with a legal instrument ensuring peaceful access and a
'hold harmless' agreement against property damage". The applicant stated he has no
problem with this requirement.
Chairman Wische asked if Mr. Rumpf had any further comments, to which he had none.
Chairman Wische asked if any Board members had any comments. There were none.
Chairman Wische called for a motion.
Motion
Mr. Myott moved to approve the request for approval for abandonment of a portion of
alley abutting the property located at 125 W 1st Avenue, subject to staff comments.
Motion seconded by Ms. Frazier.
Chairman Wische announced the public hearing portion of the meeting. There were no
comments and Chairman Wische closed the public hearing.
Motion carried 7-0.
3
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: Plannina and Zonina Division
PREPARED BY: Dan DeCarlo
DATE PREPARED:
December 21. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Abandon oortion of allev west of orooertv located
at S.W. 1st Avenue.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) Standard Leaal Ad for the Plannina and Develooment Board
meetina of Januarv 12. 1999 and the Januarv 19. 1999 Commission meetina.
SEND COPIES OF AD TO:
Plannina and Zonina Manaaer.
Newsoaoer. adioinina orooertv owners. aoolicant and
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED:
December 28. 1998
LAST DATE TO FAX TO NEWSPAPER: December 23.1998
APPROVED BY:
(1) JL (.) ~
(Originator)
/02--?/-'if"
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY Cln' CLERK:
COMPLETED:
s:\projects\Browne-Peterl.Aban\legalnot-aban
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 Tuesday, January 12, 1999 and on Tuesday, January 19, 1999, respectively, at 7:00 p.m. to
consider an alley abandonment application submitted by Peter Browne, located at 125 S.W. 1st
Avenue. Said portion of alley is more particularly described as follows:
THAT PORTION OF A 20 FOOT ALLEY LYING NORTHERLY AND ADJACENT TO LOT
35 AND LOT 36 BLOCK 12 BOUNDED ON THE NORTH BY THE SOUTHERLY LINE
OF LOTS 10 AND 11 BLOCK 12 AND BOUNDED ON THE EAST BY THE NORTHERLY
EXTENSION OF THE EASTERLY LINE OF LOT 36 BLOCK 12 AND BOUNDED ON THE
SOUTH BY THE NORTHERLY LINE OF LOTS 35 BLOCK 12 AND BOUNDED ON THE
WEST BY THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 35
BLOCK 12, ALL BEING AND LYING IN THE PLAT OF BOYNTON HEIGHTS REVISED
PLAT RECORDED IN PLAT BOOK 10 PAGE 64.
All interested parties are notified to appear at said hearings in person or by attomey and be
heard. Any persoll who decides to appeal any decision of the Planning and Development
Board or City Commission with respect to any matter considered at these meetings 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.
PUBLISH: THE POST
DECEMBER 28,1998
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
S:ISHAREIPROJECTSI8rowne.PeterlabanILEGALNOT.aban