Minutes 02-16-16MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA
ON TUESDAY, FEBRUARY 16, 2016, AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Joseph Casello, Vice Mayor
David T. Merker, Commissioner
Mack McCray, Commissioner
Michael M. Fitzpatrick, Commissioner
1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:30 p.m.
Invocation
Commissioner McCray gave the invocation.
Lori LaVerriere, City Manager
James Cherof, City Attorney
Judith A. Pyle, Interim City Clerk
Pledge of Allegiance to the Flag led by Mayor Taylor
Mayor Taylor led the Pledge of Allegiance to the Flag.
Agenda Approval:
1. Additions, Deletions, Corrections
None.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda. Commissioner Merker seconded
the motion.
Vote
The motion unanimously passed.
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
2. OTHER
February 16, 2016
A. Informational items by Members of the City Commission
Commissioner Fitzpatrick reported he attended the following:
• Movies on the Park on February 5cn;
• CRA meeting on February gcn;
• Chamber of Commerce Lunch and the Forest Park Neighborhood Association on
February 11 cn ; and
• Barrier Free 5K Run Walk and Roll and the Love of Hope Ball for Bella Natale
and friends on February 13 th
Commissioner Fitzpatrick read a letter from Glen Pearce of Pearce Windows and
Doors, donating $1,000 in support of the Old High School. Mr. Pearce offered to help
with temporary repairs by replacing missing window panes in the Old High School. If
approval is given, they would start right away. Commissioner Fitzpatrick recognized Mr.
Pearce who was in the audience.
Vice Mayor Casello also attended the Candidates Forum at the Chamber of Commerce
Luncheon held at Intracoastal Park. He participated in the Barrier Free Park 5K Run
Walk and Roll. He had thrown out a "Guns and Hoses" challenge to the Fire and Police
Departments and advised the Fire Department lost. Vice Mayor Casello walked in the
event and his daughter came in first place in her age category. He attended the Love
for Hope Ball at Carolyn Sims Park for Bella Natale and friends. It was a great first
event which he hoped would be successful in the coming years.
Commissioner Merker also attended the same events others had.
Commissioner McCray attended the Chamber of Commerce Luncheon and Meet the
Candidates forum. He attended the 5K Barrier Free Park event. He also attended the
Love for Hope Ball and thought it was fantastic to see individuals with disabilities,
smiling and having fun. He applauded reaching out to the community and helping.
Mayor Taylor attended several of the same events and agreed the Love for Hope Ball
was nicely done.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. General Election Proclamation - March 15, 2016 - presented by Mayor
Jerry Taylor
Mayor Taylor read the proclamation regarding the upcoming election on March 15,
2016, to elect a Mayor -at -Large and a Commissioner from District III to serve a three-
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February 16, 2016
year term to expire in March 2019. The voting hours were between 7 a.m. and 7 p.m.
He noted the list of 42 polling locations was available in the back of the room. They
were also available from the City Clerk's Office.
B. The second Commission meeting in March has been rescheduled to
Wednesday, March 16, 2016 at 6:30pm in the Commission Chambers due to the
election on Tuesday, March 15, 2016.
Mayor Taylor announced the item changing the date of the City Commission meeting to
March 16, 2016, to accommodate the election.
C. Officer Brown and K9 Filip of the Boynton Beach Police Department will
announce the 2016 South Florida Police K9 Competition.
Captain Kelly announced Officer Brown was handling K9 Filip at the South Florida
Police K9 Competition on February 27, 2016, at Boynton Beach High School from 2
p.m. to 8 p.m. It is a free event. Mayor Taylor announced it is a great event and the
dogs are amazing.
D. Police Department to announce meeting on Monday, February 22, 2016 at
6:30 p.m. at the Carolyn Sims Center, 225 N.W. 12th Avenue to meet officers assigned
to the Neighborhood Community Policing Program.
Sergeant Henry Diehl announced the Neighborhood Community Policing meeting on
February 22, 2016, at 6:30 p.m. at the Carolyn Sims Center. Officer Paramore and he
would be present to answer resident questions regarding the program and hear their
concerns. Mayor Taylor encouraged all to attend and share their thoughts. He noted it
would be a one -on -one meeting.
E. Presentation - Award of Appreciation to Mr. Glaston "Alex" Sims.
Commissioner McCray noted Glaston "Alex" Sims was present with his son Javaro Sims
of the Delray Beach Police Department. Commissioner McCray recalled Mr. Sims
started the barber shop with his father -in -law, the Right Reverend Adams, 60 years ago,
on MLK Boulevard, formerly known as 10 Avenue.
Commissioner McCray praised Mr. Sims and presented the Award of Appreciation to
him on behalf of the City Commission for his hard work, dedication, for being an icon in
the City and 60 years of service in the Heart of Boynton and Boynton Beach
Communities.
Commissioner McCray clarified Mr. Sims was moving his business to accommodate the
expansion of Sara Sims Park.
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February 16, 2016
Mr. Sims accepted the Award of Appreciation.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
mzffluff *T-TIM
Harry Woodworth, 685 NE 15 Place, and President of INCA commented
Representative Hager would hold a Town Hall Meeting on Saturday at 9:30 a.m. at
Intracoastal Park to discuss sober homes. He encouraged anyone with questions about
sober homes to attend. Coffee and refreshments would be served.
Last week he attended a seminar at Fire Station No. 5 held by Chief Katz regarding fair
and impartial policing. Senior Police staff and community representatives attended. The
seminar focused on bias in policing and society and how police conduct their affairs, He
was surprised no one from the Coalition of Clergy or the City Commission attended.
Mayor Taylor explained Chief Katz has held these discussions at other locations and
the Commission has attended them. He did not attend due to a scheduling conflict.
Commissioner McCray also went online and printed the information. Representatives
from District 11 had attended, but he also was surprised the Coalition of Clergy did not
attend. .
Mike Ross, 3386 Quantum Lakes Drive, noted a five-year old boy was run down and
killed by,a convicted felon fleeing a police officer. The driver was recently let out of
prison after a short stay and Mr. Ross thought it was a failure of the criminal justice
system. , Mr. Ross thought it was necessary for the Police to be able to pursue
dangerous criminals and thought some would want to ban or curtail police pursuits. He
noted society is much safer when the police can enforce the law and he hoped the City
Commission would not placate a few individuals that would enable criminals. Mr. Ross
commented body cameras would not lead to a reduction in crime and suggested funds
that would be used on cameras would be better used by hiring more police officers. He
suggested instituting road blocks and check points in high crime neighborhoods similar
to DUI checkpoints which the courts have held are legal. Vehicles would be stopped,
licenses, registration, insurance cards could be checked, and outstanding warrants
found. They could have drug sniffing dogs outside the vehicle and a positive reaction
from the dog would be probable cause to search the vehicle for drugs or weapons. He
also thought a camera wired to a facial recognition database would allow officers to
identify passengers in the car for outstanding warrants and opined that had this been in
place, the felon would have been captured while driving without a valid license. Mr.
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Ross announced he would welcome this in his neighborhood and he wanted to
empower the police to keep them safe.
Tom McClure, 2004 South Federal Highway, current president of Boynton Intracoastal
Group (BIG) commented BIG was offended by candidate James Brake and asserted
Mr. Brake altered a BIG flyer in reference to a candidates forum BIG was holding in
conjunction with the League of Women's Voters. Mr. McClure also asserted Mr. Brake
solicited on BIG property which was not permitted, to place his flyer over the BIG and
League of Women Voters event notice. Mr. McClure advised BIG and the League of
Women Voters will hold a political forum on Thursday, February 25, 2016, at 5:30 p.m.
at Sterling Village, located at 500 S. Federal Highway.
Mary Nagle agreed with Mr. McClure. She also advised she saw Chief Katz on
February 21' and he and his command staff did an outstanding job educating residents
on police tactics, strategies and successfully working with the community.
Steven Grant, NE 3 rd Avenue, attended the Barrier Free 5K Run and won in his age
group. He commended Chief Katz on the acquisition of Geofeedia which would help
reduce crime. He was pleased the City obtained another police dog and asked if the
City acquired any electric vehicles. Mr. Grant noted the City has electric vehicle
charging stations and the vehicles could help the environment. Mr. Grant commented
on Resolution 16-028 to accept the settlement of $200 and hoped the City did not
accept it because title insurance would pay for the full amount of the water bill.
Rev. Bernard Wright, 712 NW 2 nd Street, thanked the City Commission and Fire
Department for their participation with the Robert E. Wells Celebration last Saturday and
advised the children had a great 'time. He commended Police Chief Katz, Jeff
Livergood, Director Public Works, and Warren Adams, Historic Preservation Planner.
Rev. Wright requested the Neighborhood Community Policing Program be renamed.
He supported interaction between the police and the community, but thought the word
"Policing" had negative connotations and he was trying to educate the community
regarding the program. He noted crime is everywhere. He favored body cameras,
renaming the program and defended Boynton Beach as a great, family-friendly City that
has low crime statistics.
No one else coming forward, Mayor Taylor closed the public hearing.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on
City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and
Nonvoting Stu (N/V Stu) openings exist:
Arts Commission: 1 Reg and 1 Alt
Building Board of Adjustments and Appeals: 2 Alts
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Education and Youth Advisory Bd.: 1 Alt, 1 Stu and 1 Stu NN
Library Bd.: 1 Alt
Planning & Development Board: 1 Alt
Senior Advisory Board: 2 Regs and 2 Alts
Veterans Advisory Commission: 2 Alts,
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February 16, 2016
Commissioner Merker nominated Lori Wilkinson as an Alternate on the Education and
Youth Advisory Board. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
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Commissioner McCray nominated Kathleen Wilkinson as a Student Regular Voting
Member on the Education and Youth Advisory Board, Commissioner Merker seconded
the motion.
Vote
The motion unanimously passed.
Motion
Commissioner Fitzpatrick nominated Jewyl Stevens as an Alternate on the Planning
and Development Board. Commissioner Merker seconded the motion.
Vote
The motion unanimously passed.
Vice Mayor Casello nominated Terry Ilames as a Regular to the Senior Advisory Board.
Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
6. CONSENT AGENDA
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Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and
subject to staff comments
A. PROPOSED RESOLUTION NO. R16-024 - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach
B.; PROPOSED RESOLUTION NO. R16-025 - Approve and authorize
signing of an Agreement for Water Service outside the City limits with 1042 Hypoluxo
Rd, LLC, for the property at 1044 Hypoluxo Road, Lantana, FL 33462.
C. PROPOSED RESOLUTION NO. R16-026 - Authorize the purchase of
Geofeedia a Location Based Social Media Monitoring Service in the amount of $20,475,
D. PROPOSED RESOLUTION NO. R16-027 - Approve and authorize
signing of an Agreement for Water Service outside the City limits with Adam Redner as
Trustee of the Adam Redner Living Trust dated June 5, 2009 for the property at 4931
Clock Road, Lake Worth, FL.
E. PROPOSED RESOLUTION NO. R16-028 - Requesting settlement on
current utility account for previous owner's water and sewer for the property located at
12762 Hampton Lake, Muhammad J. Zaheer, current owner. Proposed settlement
amount of $200
F. PROPOSED RESOLUTION NO. R16 -026 - Authorize the City Manager to
sign Traffic agreement for Coastal Bay HOA.
G. PROPOSED RESOLUTION NO. R16-030 - Approve Amendment to
Interlocal Agreement with Boynton Village Community Development District abating any
assessment levied by the CDD on the City Parcel.
H. PROPOSED RESOLUTION NO. R16-031 - Approve Second Amendment
to Boynton Village Park Conveyance Agreement and authorize the Mayor to sign the
Second Amendment.
1. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the
procurement of services and/or commodities as described in the written report for
February 16, 2016 -' "Request for Extensions and/or Piggybacks".
J. Accept first quarter report on operations of the Schoolhouse Children's
Museum and Learning Center for FY 15/16.
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February 16, 2016
K. Accept the written report to the Commission for purchases over $10,000
for the month of January 2016.
L. Approve the minutes from the Regular City Commission meeting held on
February 2, 2016.
A. PROPOSED RESOLUTION NO. R16 -032 - Authorize the City Manager to
sign an agreement with e-Builder for Capital Project Management Software through a
piggyback of GSA Contract Number GS-35F-408AA in the sum of $113,475 plus $2,000
for travel totaling $115,475 for implementation services and an annual software license
fee of $48,120 for a total cost of $163,595. Utilization of General Services
Administration contracts are permitted as an alternative to formal sealed bids.
Commissioner McCray moved to approve. Commissioner Merker seconded the motion.
The motion unanimously passed.
B. PROPOSED RESOLUTION NO. 16-033 - Authorize the City Manager to
sign a contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving, in the
amount of $149,599.71, plus a 10% construction contingency in the amount of
$14,959.97, for a total cost of $164,559.68 for the purpose of resurfacing Ocean
Avenue and Leisureville Boulevard, both streets located in Palm Beach Leisureville
utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and
conditions.
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Commissioner Merker moved to approve. Commissioner McCray seconded the motion.
Commissioner Merker complimented Jeff Livergood, Director, Public Works and
Engineering, on a fine road resurfacing job in Leisureville and thanked him for speaking
and attending Leisureville meetings.
Vice Mayor Casello received phone calls about the street and how the road abuts to the
driveways as there had been gaps. Mr. Livergood explained this project would address
that issue and ensure there is a transition from the pavement to the driveways. Some
driveways will require a feathered transition. Vice Mayor Casello asked if there is a
schedule to address a certain number of streets in the community each year. Mr.
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Livergood responded there ha
this year additional funds will
noted many of the streets in
address the City-owned streets,
J been no roadway programs for the last six years and
be budgeted to reinstate the program. Mayor Taylor
Leisureville were private streets. This item would only
The motion unanimously passed.
C. Approve the purchase of new and replacement vehicles as approved in
the FY2015/2016 budget in the estimated amount of $817,925.00 by utilizing the
following contracts; Florida Sheriffs Association Contract #15-23-0904, Florida Sheriffs
Association Contract #15-13-0904, and State of Florida Contract #21100000-15-1.
Motion -
Commissioner fficCray moved to approve
.notion.
Vote
The motion unanimously passed.
Commissioner Fitzpatrick seconded the
D. Approve piggyback of the City of Naples contract for pipe lining services
(Bid No. 11-021 (021-11), Clerk No. 11-00017) with Insituform Technologies, LLC
utilizing the same terms, conditions, specifications and pricing. This contract will be
used to line approximately 11,000 linear feet of sewer mains and 48 service
connections at various locations within the Utilities Department's service area. The
estimated expenditure is $167,353.80.
Motion
Vice Mayor Casello moved to approve. Commissioner Fitzpatrick seconded the motion.
Vote
The motion unanimously passed.
E. Authorize the City Manager;
1) To send a letter to Palm
Interlocal Agreement;
2) Contract with Motorola,
Statement of Work (SOW);
Beach County opting out of the P25 Migration
the selected vendor, directly for the City's
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3) Enter into an agreement with Omnicom Consulting Group (OCM) for
Implementation support and execute any required documents upon attorney review and
approval.
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Commissioner McCray moved to approve. Commissioner Merker seconded the motion.
Vice Mayor Casello asked Interim Fire Chief Hoggatt if this item would be good for the
City. Interim Fire Chief Hoggatt responded it would and the P25 Migration Program was
an ongoing project across the country. It was his understanding the City would piggy
back the Palm Beach County System which was the backbone of the project, but
attempting to go out for a separate complete system would be much more expensive.
He complimented the Purchasing Department on an excellent job working on the terms
of the agreement with Motorola to make the program financially available to Boynton
Beach.
Interim Fire Chief Hoggatt noted the police and fire radio system is a much needed tool
and he thought this would be the best deal they could get. Motorola is the backbone of
the industry and a better brand.
Vice Mayor Casello requested confirmation Motorola was financing the system. Interim
Chief Hoggatt deferred the question to the Finance Director and understood in order to
obtain the product; the City will take advantage of financing to stretch out the payments.
Vice Mayor Casello received confirmation the payments totaled $2.5 million.
Vice Mayor Casello inquired if using the County Dispatch System, all the costs would be
paid by the County including upgrades, updates and equipment replacements. Interim
Chief Hoggatt did not know, but understood it was part of what the County was offering.
Retired Chief Carter had conducted a study regarding the Police and Fire Departments
communicating through one communication center, versus transferring to another
communications center and Interim Fire Chief Hoggatt heard positive and negative
things. Retired Chief Carter had only requested opinions regarding overall operations
from Interim Chief Hoggatt, but it was Retired Chief Carter who compiled the report and
dealt with the City Manager.
Vice Mayor Casello favored using the County system and saving the taxpayers $2.5
million.
Commissioner Fitzpatrick disclosed his brother-in-law is an electrical engineer for Harris
and understood Motorola has 80% of the market and Harris had 20% or less. Harris
had less hardware chips in the radios and they were more programmable, making it
easier to keep them up-to-date because the chips could be reprogrammed. Harris also
had a phone application which would allow cell phones to function as radios. Harris
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services the military and had a tougher design. He understood their radios are more
cost effective. He thought even if the County purchased a central hub system through
Motorola which would allow all parties to digitally communicate with one another, Harris
radios were compatible with Motorola cell towers. He favored comparing products.
City Manager LaVerriere clarified the action being requested did not include the
purchase of hand-held radios. It was to enter into a contract with Omnicom, who was
the County's consultant, to conduct the City's radio needs assessment, which would
cost around $41,000. They would then engage Motorola and enter into an agreement
for the turn-key system, not the radios. The turn-key hardware is about $400,000 which
the City Commission needed to decide on at the meeting. The City's system has to be
compatible with the County system. The cost of the radios would be about $2 million,
but the City would have options. She pointed out there were well more than two brands
of radios that could work with the P25 system. The purchase of radios would come
back at another time.
Commissioner Merker thought the City Commission had discussed this item months
ago and - thought the City should move forward and upgrade. He did not think the City
Commission was hearing the entire issue. If the County took the matter over, it would
not be correct to say the City Commission was saving the taxpayers $2.5 million
because residents pay County taxes. He wanted to keep fire services within the City.
Mayor Taylor had discussed the matter with the City Manager and the item would
financially assist the City to make the change as opposed to having to come up with all
the funds at once if they stayed with the County. This could be financed over a number
of years and he favored what was being presented.
Vice Mayor Casello again asked if the City used a County-dispatch system would they
save $2.5 million. Tim Howard, Finance Director, responded the City would not have
the expense at the moment. Vice Mayor Casello requested confirmation the County
would be responsible for purchasing the radios at another time. Mr. Howard confirmed
the County would purchase the radios, but he did not know if the expense would be
charged back to the City.
City Manager LaVerriere thought without a detailed analysis, Mr. Howard could not fully
answer the question. The projected cost of the radios was $2 million. Vice Mayor
Casello thought the issue should be investigated further. City Manager LaVerriere did
not know how long ago retired Chief Carter conducted the analysis or if it was part of
the City's Strategic Plan. She agreed to pull the plan and bring it back to a City
Commission meeting to determine if the City wanted to consider moving its dispatch to
Palm Beach County. She recalled the City Commission had voted not to proceed in that
direction. While they have been negotiating with the County, staff was moving forward
with assembling the new system on its own. Vice Mayor Casello recalled they had
discussed the matter in a meeting with Retired Chief Carter and he was not comfortable
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bringing it forward. He thought, down the road, the City has to consider the financial
aspect. He requested the item be put on a future agenda.
Vote
The motion unanimously passed.
8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 16-004 - FIRST READING - Approving a
request for abandonment of a portion of a ten (10) foot wide utility easement at the rear
of the residence in order to construct a private swimming pool, located at 2731 SW 23rd
Cranbrook Drive and zoned PUD (Planned Unit Development). Applicant: Shawn Lago,
homeowner.
City Attorney Cherof read Proposed Ordinance No. 16-004 by title only on first reading.
Mayor Taylor opened the issue for Public Hearing. No one came forward.
A
Commissioner McCray so moved. Commissioner Merker seconded the motion.
Commissioner Fitzpatrick inquired how often easements are abandoned.
Mike Rumpf, Planning and Zoning Director, responded the easements are
abandoned as needed. When an easement has no current or future value, and the land
over it has a proposed use, it is usually a private ownership matter, but staff reviews it.
The City does not need the land and utilities are elsewhere on the property. Vice Mayor
Casello inquired if this is done because Homeowners Associations do not have the
funds to address it. He asked if it cost the City money and learned the costs are
included in the application fees.
Vote
Interim City Clerk Pyle called the roll. The vote was 5-0.
10. CITY MANAGER'S REPORT - None
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11. UNFINISHED BUSINESS - None
12. NEW BUSINESS
A. Create "Honorary Robert E. Wells Avenue" on Martin Luther King Jr.
Boulevard from Federal Highway to Seacrest Boulevard.
Commissioner McCray asked Warren Adams, Historic Preservation Planner, how far
back he researched Wells Avenue and learned he researched back to 1920 when
segregation occurred. Rev, Bernard Wright had further information on the Wells family
all the way to the 1890's when Robert Well first came to the City. Commissioner McCray
inquired if Mr. Adams researched Washington and Lincoln Streets. Mr. Adams
explained the City recently applied for a State grant which was ranked second, and he
was waiting to hear if they would be funded. All of the funds would be spent on a
research project in the Heart of Boynton area and that was when they would have the
time and resources to fully research the area, and recognize all of the people who
contributed to the Heart of Boynton. He wanted to recognize as many of the original
pioneers as possible.
Commissioner McCray noted District 11 has Heritage Park and that is where individuals
are honored. The family completes an application and presents it to the MLK
Committee. There are already two names that would be placed there. He was
concerned if they start renaming streets for honorary individuals, it would open up a
"Pandora's Box." He proposed to place a plaque in Heritage Park for the Wells,
Washington and Lincoln families to recognize them. Commissioner McCray also
favored having plaques for businesses on MLK Boulevard, such as for Glaston "Alex"
Sims. He noted Rev. Wright's Grandmother, Roxie Wright, also should be recognized.
Rev.Wright pointed out Mr. Wells built the first street and it was called Wells Avenue.
Rhere were other individuals who contributed to the Town. He felt Mr. Wells'
accomplishments superseded others and thought he deserved a sign not just a plaque.
There are names at Heritage Park that had nothing to do with the growth and
development of the Town. He thought no one would mind a sign indicating Robert E.
Wells Memorial Avenue, and it was his family's legacy. Robert Wells was living in
Boynton before the Town was even named and if it had not been for the research
project, the Wells family history would have been lost.
Mayor Taylor explained even if approved, the City was not officially renaming the street
and the sign would not be at the intersection, Rev. Wright thought the word "memorial"
should be used instead of the word "honorary."
Commissioner Fitzpatrick asked if Commissioner McCray was in favor of the item and
learned he favored honoring him at Heritage Park, not for the street name.
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Vice Mayor Casello moved to accept the item to create Honorary Wells Avenue.
Commissioner Fitzpatrick seconded the motion.
Rev Wright requested the using the word "memorial." Vice Mayor Casello thought there
may be legal issues; however, Attorney Cherof advised there were no legal restraints.
Mr. Livergood explained the sign would have a brown background with white letters in
conformance with the Manual on Uniform Traffic Control Devices. It would be placed on
the street at a location to be determined with Rev. Wright, not at the intersection.
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Vice Mayor Casello amended his motion to change the word "honorary" to "memorial."
Commissioner Fitzpatrick agreed to the amendment.
Commissioner McCray explained - they should not set a precedent, and all three streets,
Wells, Washington and Lincoln Avenue should be recognized.
Commissioner McCray moved to change all three street names as discussed as Wells,
Washington and Lincoln Avenue.
Vice Mayor Casello suggested moving forward with Wells Avenue and when Mr. Adams
finished with his research, he could request the other name changes.
Mr. Merker moved to table. Commissioner McCray seconded the motion.
The motion passed 3-2, (Vice Mayor Casello and Commissioner Fitzpatrick dissenting.)
The item would be heard when Mr. Adams finished with research.
B. Discussion on permitting functions held at Sara Sims Park, requested by
Commissioner McCray.
Commissioner McCray commented when people request a permit for an event, they
indicate they will only have 100 people. Then social media comes into play and the
event grows. He was aware there is money in the budget for Sara Sims Park, but he
did not want any money spent until the City got a handle on the ATVs at the park and
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the barber shop building was demolished. He also requested the City investigate the
cost of a fence if the City had to fence the park to gain control. The City had not issued
any more permits for the park and no one has been calling indicating there were parties
occurring and the area has been calm. He suggested if someone wants to have an
event, the City not issue a permit for Sara Sims Park until better safeguards were in
place and there are other parks that could be used that give the Police greater control.
Vice Mayor Casello asked if the permit specifies how many people would attend and the
purpose of the function. City Manager LaVerriere responded the City has a special
event permit process. If there is a function that is not properly permitted, the Police will
check for permits and disburse the crowd. Vice Mayor Casello asked if the City requires
any kind of security based on the number of attendees. The permit is processed through
each department, but Ms. LaVerriere did not think security was required for a gathering.
John Durgan, Special Projects Coordinator, explained it all depended on the Police
Department. He noted all departments review the information and the Police
Department could make a recommendation whether the event requires a police detail.
Commissioner Merker preferred to use the word "event." A park with a permit has to be
regulated and the Police and Fire Departments have control. When there is a permit at
a house, he thought it was more dangerous.
Commissioner McCray explained the problem is once the permit is issued, the applicant
invites more people. If there are too many people attending, fire and police vehicles
cannot gain access to the park, attendees park in people's yards and control is lost.
Vice Mayor Casello suggested they include a number of attendees that cannot be
exceeded.
Jeff Katz, Police Chief, explained the permit process is only as good as the information
submitted. He received permits that had indicated 100 or 125 people would attend and
the number increased following permit approval. From a public safety view, the problem
is ascertaining how many officers to assign to the detail. They also encounter ATVs,
dirt bikes and motorcycles making it difficult to maintain order. He did not think it was
the best use of the Police Department. The community informed him the parties are
posted on social media, people from out of town attend and they bring weapons. He
supported Commissioner McCray's position.
Mayor Taylor inquired who pays the cost for the extra officers and learned the City did.
Vice Mayor Casello asked how the police would disburse a large, unruly crowd and
learned it would be a show of force. The Police Department would show up, announce
the route to take to leave, they would form a line and move the crowd out. When there
are limited resources and a lot of people, some of whom may be armed; there is only
one way to safely disperse the group.
15
Meeting Minutes
City Commission Meeting
Boynton.Beach, Florida
February 16, 2016
Commissioner Merker agreed with Commissioner McCray.
Commissioner Fitzpatrick asked if there was a cost to pull a permit. Mr. Durgan
responded the permit application is $25 and the permit is $25. Commissioner Fitzpatrick
suggested having a $500 deposit to cover any unforeseen expenses and he supported
Commissioner McCray's recommendation.
Rev. Wright, 713 NW 2 nd Street, advised he lives down the street from Sara Sims Park,
and explained each time they have a big event, the cars disperse with no problems.
There had never been a police problem or riot situation at the Park. He thought the
residents could go to the park in droves if desired because it is a community Park and
questioned the need for a permit and the charges.
Mark Karageorge, 240A Main Boulevard, explained the City could have the best of
intentions, but when the end result is a dead person there is a problem. He noted
seniors in District 11 were afraid to go out during the event. He supported Commissioner
McCray's position and commented the Coalition of Clergy does as well because their
parishioners do not want to live in fear.
A
Commissioner McCray moved no permits be issued in District 11 for Sara Sims Park until
the City could better control the events there. Commissioner Merker seconded the
motion.
Vice Mayor Casello noted residents often do not get a permit. He agreed with
Commissioner McCray's request, but commented the residents would have to watch for
any gatherings at the Park.
Vote
The motion unanimously passed.
13. LEGAL
A. PROPOSED RESOLUTION NO. R16-034 - Authorize the City Manager to
sign Participation Agreement attached as Exhibit "A" to the Interlocal Agreement (ILA)
between the School District of Palm Beach County, Palm Beach County and
Municipalities of Palm Beach County for Coordinated Planning ("Coordinated Planning
Agreement").
16
Commissioner McCray so moved. Commissioner Merker seconded the motion.
16
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
February 16, 2016
Vote
• 2 1 Z a is 0 0 . —
B.' PROPOSED ORDINANCE NO. 16-005 - FIRST READING - Approve and
authorize Ordinance creating Part 11, Chapter 26, Article 1, Section 26-7 and Chapter 10,
Article 11, Section 10-33 of the Code to facilitate creation of liens for unpaid balances
and recording of such liens for unpaid balances for utility and refuse accounts.
Attorney Cherof read Proposed Ordinance No. 16-005 by title only on first reading.
Motion
Commissioner Merker moved to approve. Commissioner Fitzpatrick seconded the
motion.
Commissioner Merker requested further information on the item. Attorney Cherof
advised the Ordinance would give the City the ability to foreclose on a lien to encourage
payment. Mayor Taylor supported the item especially as it pertained to Code issues.
Vote
Interim City Clerk Pyle called the roll. The vote was 5-0.
C. PROPOSED ORDINANCE NO. 16-006 - FIRST READING - Approve
amending City Code of Ordinance Section 16-60, item (d) to restrict use of the docks in
the lagoon at the park for loading and unloading, and for no more than 30 minutes.
Attorney Cherof read Proposed Ordinance No. 16-006 by title only on first reading.
Motion
Commissioner McCray moved to approve. Commissioner Merker seconded the motion.
Commissioner Fitzpatrick inquired how the Ordinance would be enforced. Attorney
Cherof explained there are individuals at the parks who could issue a warning for a boat
to be moved and then contact the Police Department to issue the citation if the request
was ignored.
Interim City Clerk Pyle called the roll. The vote was 5-0.
17
Meeting Minutes
1: =*i roTil:r� M, a 2
February 16, 2016
D. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is
requesting a private attorney/client session of the City Commission to discuss pending
litigation in the following case:
THOMAS JONES, Plaintiff vs. CITY OF BOYNTON BEACH, MATTHEW IMMLER,
PAUL DEALE, FRANK BRIGANTI, RICHARD MCNEVIN and EVELYN MCCOY,
Defendants — United States District Court, Southern District of Florida, Case No. 9:15-
CV-81297-DMM
Mayor Taylor read the item. Attorney Cherof requested a one-hour session take place
before the next meeting. There was agreement to meet on March 1, 2016, at 5 p.m.
14. FUTURE AGENDA ITEMS
A. Code Compliance Initiative - North Federal Highway - March/April 2016.
B. Workshop with City Commission and City Staff concerning zoning
designations and terminology (i.e. permitted uses, conditional uses, etc) - April/May
2016.
15. ADJOURNMENT
There being no further business to discuss, Mayor Taylor properly adjourned the
meeting at 7:59 p.m.
(Continued on next page)
M;
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida
ATTEST
d ' fultA. Pyle, CMV
I erim City Clerk
Oatkwlit Ob-4.jw-
Catherine Cherry
Minutes Specialist
February 16, 2016
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DEVELOPMENT ORDER OF THE CITY COMMISSIuN OF THE Development
P&Z
CITY OF BOYNTON BEACH, FLORIDA Building
Engineering
Dcc.License
PROJECT NAME: Abandonment of a portion of a Utility Easement (ABAN 16-001) ^_
APPLICANT: Shawn Lago
APPLICANT'S ADDRESS: 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2016 & March 1, 2016
TYPE OF RELIEF SOUGHT: Abandonment of a portion of a 10 foot wide Utility Easement located to the rear
of a single-family residence, and running in an east-west direction for a distance
of approximately 80 feet, to allow for future construction of a private swimming
pool.
LOCATION OF PROPERTY: 2731 SW 23rd Cranbrook Drive
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
X HAS
HAS NOT
established by substantial competent evidence a basis for the approval 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 "D"
with notation "Included".
4. The Applicant's application for relief is hereby
X 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: 1///6'
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City Clerk
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EXHIBIT "B"
'Application to abau )u a otaity eaaetnent
1I'k.PLAN
AND LOCATION SKI:"I'C,I-I-I
LVLS71NG COMCA.SL CARL 0 '. 'r _--:-y '-IS _,`.0., APPRO?WATE U)Ci
CONTROL PDX r IN TCF TER A:1_ -'L6 T
PRIT48'35E 80.00' \ ALUM
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ANT,SFLEPIIONEST;RV7(.UNE )osr"a
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AND TOP OF SLOPE -- -�
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a.'
9.E
rii:_i_...9 I 1 $
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CBS RESIDENCE 1 gry
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'C' ARI trr' 1 CCrIC.
2P' ?e,'J ttf:'-'
LOT 46,BLOCK 2
CRANI1ROOK.LAKE ES'T'ATES
2731 SW 23RD CRANBROOK DRIVE
BOYNTON BEACH, 1-1..33436
EXHIBIT "B"
LEGAL DESCRIPTION FOR PROPOSED EASEMENT
ABANDONMENT,LOT 46,BLOCK 2,CRANBROOK
LAKES ESTATES.
LEGAL DESCRIPTION:
NORTH 10 FEET OF THE SOUTH 115 FEET, OF LOT 46, BLOCK 2, CRANBROOK
LAKES ESTATES, A SUBDIVISION AS RECORDED IN PLAT BOOK 33,PAGES
124 AND 125.IN THE PUBLIC RECORDS
'ALM BEACH COUNTY,FLORIDA
PR ' • •E l :Yr A. BURLISON G' Y PJ' NO. 2580
SURVEYOR BUSS NO. 2322
•
EXHIBIT"C"
[he Estates of
I LVERLAKE
2306 SW 23rd Cranbrook Drive
Boynton Beach, FL 33436
November 27th, 2015
RE: NO OBJECTION
Proposed Abandonment of 10' Wide Utility Easement
2731 SW 23RD CRANBROOK DRIVE, BOYNTON BEACH, FL 33436
To whom this may concern:
The Estates of Silverlake Homeowners' Association, Inc., has no objection to the abandonment
of the 10 foot utility easement located in the rear of the property described as 2731 SW 23rd
Cranbrook Drive, Boynton Beach, FL 33436.
The Estates of Silverlake Homeowners'Association Inc. does not have the funds or the
resources to pursue a neighborhood wide abandonment. Please allow Mr. Shawn Lago to
precede with the abandonment proceedings for the construction of a private swimming pool.
Sincerely,
44,
Donna Bauer, HOA President
The Estates of Silverlake Homeowners' Association Inc.
ACKNOWLEDGMENT: EXHIBIT"C"
The City of Boynton Beach Utilities has no objection to the abandonment ofthe 10 foot utility easement
located in the rear of the property described as 2731 SW 23rd Cranbrook Drive. Boynton Beach. FL
33436.
City of BOyint)n Beach Utilities
<la fie of e'.�,ety ent -oder
n__ t , .
r,.
Title: Chief Field Inspector
Date: 1/ -/Z
STATE OF FLORIDA
COUNTY OF PALM BEACH
;,
The Sgregaing inst-urrlent was aolmowledgeci before:1e ti s r 'r:day of.
by d #r c k: abo isperiOnallyic.nown to ate ar who has woduced
>"•�
Type of
astie:t:5Catio-r. and who(Lid)(did not)take an oath.
SEAL
(signature of person:a1;7n2 acinolledge hent) (Name o:offiet:airing acinacwied-hent
printed or s-a-nped)
"o'"N. Notary Putgic suns d Fbrwa
-c'oKaren T Rrseley
. ,r .t:., "K- .` I de Mr Corranismon FF 736760
{Tide ranie).. (S�-- Lim•
''.l Z4{.c .AL1
•
; r
EXHIBIT"C'
Florida Power&Light Company
9329 S Military Trail
Boynton Beach,FL 33436
Consent Form
Location: 2731 SW 23rd Cranbrook Drive, Boynton Beach, Florida 33436
The Florida Power & Light Company has no objection to the abandonment of the
10 foot utility easement located in the rear of the property described as 2731 SW
23rd Cranbrook Drive, Boynton Beach, FL 33436.
No Objection
Print Name & Date:
io
E_'T .
Z.,c)
Please return at your earliest convenience.
Shawn Lago
2731 SW 23rd Cranbrook Drive
Boynton Beach, Florida 33436
Email: kristineslago@gmail.com
Phone: 561-271-3842 or 561-644-1803
Fax: 855.248.9135
•
EXHIBIT"C"
atsct
Eric M.Brown
AT&T
321 SE 2nd St
Delray Beach, FL 33483
Office: 561.988.6515
Fax: 561.272.8695
eb3965( att.corn
Shawn Lago
2731 SW 23rd Cranbrook Drive
Boynton Beach, FL 33436
November 6,2015
RE. No Objection
Proposed Abandonment of 10'wide Utility Easement
2731 SW 23`d Cranbrook Drive, Boynton Beach, FL 33436
Dear Mr. Lago,
AT&T has reviewed the proposed plat submitted by you or your company. AT&T no longer has
active lines within the rear 10 foot utility easement, therefore, has no objection to the
abandonment on the property described as 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL
33436.
If you require additional information please contact me at 561-988-6515.
Sincerely,
Eric M. Brown
Manager OPs & Design
AT&T Florida
561-988-6515
RecetvED
DEC 012015
AND
PlatIrCs DEPT
EXHIBIT"C"
Florida Public Utilities
401 South Dixie Hwy.
West Palm Beach, FL 33401
Consent Form
Location:2731 SW 23rd Cranbrook Drive, Boynton Beach, Florida 33436
The Florida Public Utilities Company has no objection to the abandonment of the
10 foot utility easement located in the rear of the property described as 2731 SW
23rd Cranbrook Drive, Boynton Beach, FL 33436.
No Objection
Print Name & Date:
-fes
Please return at your earliest convenience.
Shawn Lago
2731 SW 23rd Cranbrook Drive
Boynton Beach, Florida 33436
Email: kristineslago@gmail.com
Phone: 561-271-3842 or 561-644-1803
Fax: 855.248.9135
• ,
EXHIBIT"C"
Comcast: PBC Construction Department
7201 North Federal Highway
Boca Raton, Florida 33487
RE: Utility Abandonment Submitted by
Shawn Lago, Cranbrook Lake Estates at
2731 SW 23rd Cranbrook Drive
Boynton Beach, Florida 33436
Dear Mr. Shawn Lago,
Comcast has no objection to the abandonment of the utility easement on Lot 46
Block 2 of Cranbrook Estates as outlined in your letter of October 28th, 2015.
Yours truly,
Sign Here And Return
///////,r-
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