Misc. Agenda Item XII. — LEGAL
ITEM E.1
Prainito, Janet
From: Bressner, Kurt
Sent: Tuesday, March 18, 2008 10:10 AM
To: Prainito, Janet
Cc: Greene, Quintus; Rumpf, Michael; LeJeune, Carisse; Pyle, Judith
Subject: FW: Quantum
Info and please print up for the Commission as an insert in the Agenda packet. At this late date/time best to
three-hole punch and place at their seats for the meeting tonight.
Kurt
Florida has a very broad public records law. Most written communications to or from local officials regarding City business
are public records available to the public and media upon request. Your e-mail communications may therefore be subject to
public disclosure.
From: Swanson, Lynn
Sent: Tuesday, March 18, 2008 10:06 AM
To: Taylor, Jerry; Rodriguez, Jose; Weiland, Ronald; Hay, Woodrow; Ross, Marlene; Bressner, Kurt
(00 Subject: FW: Quantum
I am forwarding the memo below at the request of Jim Cherof, City Attorney.
Lynn Swanson
Paralegal
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
(561) 742-6053
(561) 742-6054 - Fax
From: Jim Cherof [mailto:jcherof@cityatty.com]
Sent: Tuesday, March 18, 2008 10:04 AM
To: Swanson, Lynn
Subject: Quantum
Please forward to Commission and Manager.
The item on the Commission agenda this evening regarding Quantum park under "Legal, Other" is
Wile informational only and concerns a pending application for another Charter School in Quantum Park. The
Development Department has this under control and has worked with the applicant to expedite the
3/18/2008
Page 2 of 2
matter. Nonetheless, I received a request from David Norris who represents Quantum to ask if the
Commission could waive the review process since a prior Charter School use had been approved in
Quantum. I advised him the Commission could not waive the review requirements since the prior
approval was site specific, but that I could alert the Commission that the matter was pending and would
reach them for review in April. The agenda item is for that purpose.
Mike Rumpf has also provided this information on the site specific nature of the previous approval:
• A review of the staff report on "Survivor's Charter High School" Use Approval dated 1-
20-03, indicates the following recommendation, "Use approvals for the Quantum Park
PID typically apply to lots with selected use options, rather than only specified lots.
However, contrary to past practice, staff would recommend that for the unique use of a
charter high school approval be granted only for Lots 18 and 19.This will facilitate the
future case-by-case review of similar and other uses potentially qualifying as a school."
• This recommendation was then considered at the 1-28-03 P&D Board meeting, and the
motion read, "Vice Chair Hay moved to approve the request for use approval for a
Charter High School on Lots 18 and 19 in the Quantum Park Planned Industrial
Development (PID). Motion was seconded by Mr.. Fitzpatrick and carried
unanimously."
• The City Commission subsequently, at their 2-4-03 meeting, approved the P&D Board's
recommendation under the Consent Agenda without any discussion.
• The Quantum Park PID Permitted Use List has reflected that "Charter High School" is
approved for Lots 18 & 19 only, since the above Commission action.
• Lastly, we (Staff) have already expedited the review of this latest application from a June
17 Commission meeting (based upon date it was submitted), to an April 15 Commission
meeting. Nir)
James A. Cherof
Goren, Cherof, Doody & Ezrol
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
www.cityatty.com
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3/18/2008
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