Minutes 12-04-01HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
MINUTES OF THE REGULAR CITY COMMISSION MEETING
FLOPJDA,
ON TUESDAY, DECEMBER 4, 2001 AT 6:30 P.M.
PRESENT:
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
Mike Ferguson, Commissioner
Charlie Fisher, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENZNGS:
Call to Order - Mayor Gerald Broening
Invocation - Father Mark Szanyi, St. Mark Catholic Church
Pledge of Allegiance to the Flag led by Mayor Broening
Mayor Broening called the meeting to order at 6:30 p.m. Father Szanyi offere~ the invocation
and Mayor Broening led the Pledge of Nlegiance to the Flag.
IF YOU WISH TO ADDRESS THE COM MISSION:
· FILL OUT THE APPROPR/ATE RE(~UEST FORM
· GIVE IT TO THE cI-rY CLERK (ON THE DAIS) BEFORE THE "OPENINGS"
PORTLON OF THE AGENDA HAS BEEN COMPLETED
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES.
E. Agenda Approval:
i. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner Ferguson moved to approve the agenda.
McCray and carried unanimously.
Motion was seconded by Commissioner
Meeting Minutes
Regular City CommiSsion
Bovnton BeaCh~ Florida
DeCember 4~ 2001
IT.
PUBLI~C AUDZENCE:
ZNDZVZDUAL SPEAKERS WZLL BE LZMZTED TO 3-MZNUTE PRESENTAT~[ONS
Pam Mouvicka and Stephen Leach, 203 NW 3~ Street, said they had applied for a permit,
which was denied, on a perimeter wall around their properly, rvlr. Leach said that the reason
they were given for the permit being denied had to do wi~h finish grade. He said that according
to code, a finish grade is from the exterior wall of the structure and they were told when they
were denied the permit that finish grade was adcually from the sidewalk level. He requested
that their permit a pplicaUon be granted according to the code of the City of Boynton Beach.
Mayor Broening said he will request that staff readdress this issue.
Steve Waldman, 41 Sausalito Drive, commended staff who worked hard to make the
"Season of Peace" a success, particularly Melissa Dale and Kendra McCray.
Herb Suss thanked the Recreation Department, Virginia Shea and Kendra McCray for their
efforts in the "Season of Peace" event. He commented that every department in the City is
terrific.
Harold Byers, 305 E, Ocean Avenue, said that Ocean Avenue looks beautiful.
Public Hearing and Proposed Resolution No. R0~.-309 Re: Authorizing the
City to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments
for cost of Fire Rescue ProJects
City Attorney Cherof explained that the purpose of the hearing is to permit people to discuss
the uniform method of collection for non-ad valorem special assessments for the cost of fire
rescue projects. He said that the fire assessment had already been adopted. This resoluUon
would allow the Palm Beach County Property Appraiser to send out notices of intent and to
collect the assessments rather than the City billing the citizens.
City Attorney Cherof read proposed Resolution No. R0:L-309 by title only.
Public Hearing
Dom Desiderio, business owner at 2755 S. Federal Highway, stated that he was 'n
business n Boynton Beach for 12 years. He thanked the City Manager for the meeting
scheduled for December :t0TM. He said that the fire assessment was illegal.
Mayor Broening explained that this public hearing was to discuss the method for collecting the
assessment only.
Motion
Commissioner Ferguson moved to approve proposed Resolution No. R01-309. Commissioner
McCray seconded the motion that carried 4 to 1, with Vice Mayor Weiland dissenting.
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4, 2001
liT. OTHER:
A, Informational Items by Members of the City Commission.
Vice Mayor Weiland questioned the cost ($5 million) of Boynton Beach's proposed new fire
station. He said that West Boynton Beach is building a fire station for under $2 million, He said
that contractors have spoken to him regarding the cost being too high and they are willing to sit
down with staff and go over what can be built with less money.
Vice Mayor Weiland also said that the Commission just approved two contracts out of three for
the Police Department, He questioned why the pension issue is now coming before the
Commission He believes that contracts and pension issues should be done together so that
there will be better negotiations,
Commissioner Fisher commented that over the weekend the City and the Chamber of
Commerce worked on a Habitat for Humanity house an~ he thanked Chamber members and
City staff.
Commissioner Fisher also said that the Event Staff did a wonderful job with the "Season of
Peace" event.
Mayor Broening thanked the Public Works Department for their efforts concerning the Season of
Peace event,
ZV, ADMINISTRATIVE:
A, Accept resignation of Sarah Williams, Regular Member, Code Compliance Board
Motion
Commissioner McCray moved to accept the resignation of Sarah Williams.
seconded by Commissioner Ferguson and carried unanimously.
Motion was
B. Appointments to be made:
Appointment
To Be Made Board
Length of Term
Expiration Date
II McCray Children & Youth Advisory Bd Stu/Reg/NonVoting
III Ferguson Children & Youth Advisory Bd Stu/Reg/Voting
IV Fisher Children & Youth Advisory Bd Reg.
i yr term to 4/02
I yr term to 4/02
2 yr term to 4/03
Mayor Broening
I Weiland
Bldg, Bd of Adj & Appeals Reg
Bldg. Bd of Adj & Appeals Alt
3 yr term to 4/04
i yr term to 4/02
III Ferguson Cemetery Board Alt
IV Fisher Code Compliance Board Reg
1 yr term to 4/02
3 yr term to 4/03
('l'abled-3)
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Meeting Minutes
Regular City Commission
Bovnton Beachr Florida
December 4, 2001
IV Fisher
Mayor Broening
Community Relations Board Reg
Community Relations Board Alt
3 yr term to 4/04
! yr term to 4/02
III Ferguson Education Advisory Board Alt
I yr term to 4/02
Mayor Broening Library Board Alt
Mayor Broening Nuisance Abatement Board Alt
:1 yr term to 4/02
1 yr term to 4/02
(Tabled-2)
(Tabled-2)
Mayor Broening Senior Advisory Board
Reg 2 yr term to 4/03
Commissioner Ferguson nominated Denise Chamberlain as an alternate on the Education
Advisory Board.
Commissioner Fisher nominated Welton Sanders as a regular member on the Advisory Board on
Children & Youth. He also nominated Anna Noe as a regular member on the Community
Relations Board
All other nominations were tabled.
Motion
Commissioner McCray moved to accept the nominations.
Weiland a nd carried unanimously.
Motion was seconded' by Vice Mayor
V, ANNOUNCEMENTS & PRESENTATZONS:
A. Announcements:
Oceanfront Concert Series on December 21, 2001, 6-9 p.m. at
Mangrove Walk at the Marina - The ]umpstreet 88s (BoogieWoogie,
New Orleans and .lump Blues)
Mayor Broening announced the Concert to be held on December 21~.
B. Presentations:
1, Proclamations:
None
2. PreSentation of gilt from the City of Qufu from the Sister City delegation
Dan DeCarlo, Neighborhood Specialist, explained that Sister City ]International was founded in
1956 and involves local government, businesses and a wide variety of citizen volunteers.
Commissioner McCray introduced the delegates who went to China and presented a gilt from
the Mayor of Qufu to Mayor Broening. Commissioner McCray stated that this trip was not
financed with City funds. He also Said he was glad to be a part of the delegation.
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Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4~ 2001
Mayor Broening asked that the gift be displayed, with an appropriate plaque, in City Hall with
the names of the delegates. He thanked everyone.
Jeanne Heavilin, a member of the delegation, presented a memento to Commissioner McCray
as the official head of the delegation
Stormet Norem, a delegation member,.gave a slide presentation. He stated that the purpose of
creating a Sister City was to provide benefits to Boynton Beach, such as inviting foreign
investment, exchanging ideas, anti,inviting toursm He said that Qufu is experienced in urban
planning .and the delegation wanted to exchange economic deve opment strategies in marketing
and ur6an planning. ~':hina excels in building infrastructure.
Ms. Heavilin said that they had vsted an elementary school in Qufu and had discussed a pen
pal program. There had also been discussion regarding building a friendship park in our city.
~;he encouraged the City Commission to create a joint City/Chamber of Commerce committee to
support the Sister City program.
VI. CONSENT AGENDA.'
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 accorn panying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. City Commission Meeting of November 6, 2001
2. Agenda Preview Conference of November 15, 2001
Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2001-2002 Adopted Budget
Approve payment to Aether Systems, Inc. in the amount of $26,136 for
software maintenance agreement for Police Department computer system
Extend RFQ #007-2210-01/KR, MEDICAL DIRECTOR TO OVERSEE THE
EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS,
PARAMEDICS AND LIFEGUARDS, to Dr. Kenneth A. Scheppke for an
annual expenditure of $23,500 (New RFQ #020-2110-02/KR) (Proposed
Resolution No. R01-310)
Extend contract for the COLLECTION AND REPORTING OF THE CITY OF
BOYNTON BEACH DELINQUENT ACCOUNTS, RFP #029-1410-01/KR, to
CREDITECH for one additional year (New, RFP #013-1410,02/KR)
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Meeting Minutes
Regular City Commission
BOvnton Beachr Florida
December 4, 2001
Extend the ANNUAL SUPPLY OF HYDROGEN PEROXIDE BID#021-2821-
.01/C_3D, for the Utilities Department, to VULCAN PERFORMANCE
CHEMICALS for an additional year for an estimated annual expenditure of
$205,000
Approve the "piggy-back" of the City of Tallahassee, RFP#0310-00-KR-
CC, awarded to KERR & DOWNS RESEARCH, for a comprehensive Citizen
Satisfaction Survey in an amount not to exceed $24,900 (Proposed
ResolUtion No. R01-311)
Commissioner Ferguson requested that item B.5 be pulled for discussion.
Award a contract under Bid #094,2414-01/KR to Newport Builders, Inc.
of Oakland Park, Florida, in the total amount Of $96,500 for the
construction of the new Pence Park restrooms and storage facilities and
the new Galaxy Park baseball dugouts. This will establish a total project
budget appropriation of $10:[,325 (Proposed Resolution No. R01-
312)
C. Resolutions:
Proposed Resolution No. R01-313 Re: Approving
Task Order No. :[A with Hartman and Associates, Inc. for the construction
plans and construction phase services in the amount of $109,865 for the
San Castle Subdivision Water System Improvements project
Proposed Resolution No. R01-314 Re: Accepting
letter of credit no. ALT/P60:(403 from SunTrust Bank in the amount of
$:[,29:[,9:[0 as surety for the installation of the water and sanitary sewer
systems serving the project known as Tuscany Bay
Proposed Resolution No. R01.315 Re: Releasing cash
bond of $2,420 to LC:I Construction of South Florida, Inc. for the Eckerds
Drugstore #3831
Proposed Resolution No. R01-316 Re: Releasing cash
bond of $33,000 to BAPS DeVelOpment, Inc. for the BAPS Temple
Proposed Resolution No. R01-317 Re: Full release of
cash surety to EB Developers, Inc. in the amount of $13,600 for the
water and sewer systems serving the project known as the Belmont
D. Ratification of Planning & Development Board Action:
Calvary Chapel of Boynton Beach - 3:[90 Hypoluxo Road (south side of
Hypoluxo Road, approximately :[,200 feet west of Congress Avenue) -
Request for site plan approval for the first Phase of a 2:[,250 square foot
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Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
December 4r 2001
Ch urch - School Campus to include the sanctuary, classrooms, daycare
center and related site improvements on 8.84 acres
E. Ratification of Community Redevelopment Agency Action:
Dakota Lofts (Chan's Enterprises; - 3010 S. Federal Highway - Request
for Site Plan approval to construct 19 muitifamily town homes, recreation
area, and related site improvements on two acres (T,4BZED /JNT~rZ
DECEMBER 18~ 200.~)
Approve an education and training program with the Institute of Cultural Affairs
to begin implementation of a citizens' neighborhood academy for a cost of
$20,000
Both Vice Mayor Weiland and Commissioner Ferguson requested that item F be pulled for
discussion.
Approve the use of $3,925 from Commissioner Fishers discretionary funds to pay
for the following items: a) rental of a horse-drawn carriage to offer free rides to
the public at the Season of Peace event, Holiday Parade and Holiday Concert at
Mangrove Walk at the Marina; b) hire an ice sculptor to perform after the Holiday
Parade; and c) rent eight tower lights for the parade
Motion
Commissioner Ferguson moved to approve the consent agenda as amended.
seconded by Commissioner Fisher and carried unanimously.
Motion was
VLB.5. Approve the "piggy-back" of the City of Tallahassee, RFP#0310-00-KR-CC,
awarded to KERR & DOWNS RESEARCH, for a comprehensive Citizen Satisfaction
Survey in an amount not to exceed $24,900 (Proposed Resolution No. R01-
311)
Discussion
Commissioner Ferguson was concerned regarding this proposed survey being performed by a
Tallahassee company rather than a local company to whom the City would not have to pay
travel costs. He said that the City is currently conducting a survey on water rates and a study
on Parks & Recreation. He suggested that this citizen survey be delayed until other studies
were completed.
Commissioner Fisher agreed that he would prefer a local firm He thought that staff could be
trained to put together a questionnaire. He would rather go to homeowners associations to do
the surveys, which would be a more personal way to do it.
Mayor Broening said he had no problem with this item except he would rather have a local
company. He does not want amateurs doing the survey. He would prefer a more personal
approach sUch as public meetings; however, he was concerned regarding the amount of time it
would take;
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Meeting Minutes
Regular City Commission
Bovnton Beachr Florida
December 4~ 2001
Wilfred Hawkins, Assistant City Hanager, said that Pat Spoerd is the City's Professional
Development Manager and she has helped put this together. She holds a Masters Degree ~n
Public Administration. He said there is a level of sophistication and academic scienUfic approach
that the City is trying to achieve. Staff had discussed using City employees to conduct this
survey; however, City staff does not have the time and the number of people with the required
level of sophistication to conduct the survey. He said they want to use a scientific proven
survey for planning and management tools for the City so that they can form an action plan.
The results would be used for management purposes, legislative purposes and to determine the
future of the City. K]err & Downs Research has performed this type of survey all across the
country. There is a scientific formula developed to come up with the number of telephone calls.
He said that the highest return on surveys is when it is done by telephone. City staff would like
to set a deadline of April 2002 so the results could be used with the budget process.
Commissioner McCray asked whether there were any companies in South Florida that were
contacted. Assistant City Manager Hawkins answered that none were contacted because if the
City "piggy-backs," it wold expedite the process. An RFP would not be completed in time for
the next budget cycle.
Vice Mayor Weiland stated that we have a great City staff and things are go~ng well now. He
questioned the urgency of the survey at this time.
Assistant City Manager Hawkins said that the City is trying to achieve a different level of
sophistication. This survey will let us hear from people who never go to a City Commission or
homeowners meeting. Tt will reach out to a broader constituency. Cities have found great
benefits from using these surveys.
Commissioner McCray was concerned regarding the urgency and the cost. Assistant City
Manager Hawkins said the City was getting a fair price.
Commissioner Ferguson said we need to find out what the needs of the community are.
However, he was concerned regarding the urgency of a formal survey at this time. He would
prefer to train City staff.
Motion
Commissioner Fisher moved to deny item VLB.5. Vice Mayor Weiland seconded the motion
Vice Mayor Weiland asked what the response has been when we place a survey on the back of
water bills. Assistant City Manager Hawkins replied that we have had a high response.
City Manager Bressner said that his experience with this type of exercise has been positive. It
gives dtizens an opportunity to express their opinions and serves as a valid and statistical way
to evaluate how the City is doing. He urged the Commission to consider some type of
structured exercise to seek opinions from a broad base of citizens concerning City programs and
services, what the top lO issues facing the community are, and what are the things the City
does well and not well. This could be partnered with the City's five-year capital improvement
and five-year operating plans. He said that perhaps this is not the time to do this or maybe it is
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Meeting Minutes
Regular City Commission
Bovnton Beach~ Florida
December 4~ 2001
not the format the Commission is looking for. He said we must ask questions or risk
accusations of ignoring the wants and needs of the citizens.
Mayor Broening said there is proven scientific value in this type of survey and he hopes that the
Commission does some research on it. Highly reliable information is obtained from such a
survey. It is totally random and has scientific integrity. He likes the idea but he will go along
With the Commission.
Vice Mayor Weiland likes the idea but does not think there is an urgent need for it at this time,
Vote
The vote was called and the motion to deny was carried unanimously.
Commissioner Fisher asked that staff come up with another variation to present to the
Commission.
City Manager Bressner said that he would need some specific direction from the Commission on
how to proceed. He suggested that a focus discussion on this issue be scheduled for the
future.
VI.F. Approve an education and training program with the Institute of Cultural Affairs
to begin ~mplementation of a citizens' neighborhood academy for a cost of $20,000
Discussion
Commissioner Ferguson was concerned regarding setting a precedent by using City money to
train people to be neighborhood leaders. As an alternative, he would be willing to allocate
$5,000 from his discretionary funds to fund a portion of this and he hoped that other
Commissioners would do the same.
Vice Mayor Weiland asked whether it was legal and proper to designate the people in this one
area of the City or whether we need to include other oppressed areas of the City.
City Manager Bressner said the Heart of Boynton study has been completed and the specific
recommendation of the consultant is to builc~ some leadership capabilities within the
neighborhoods. We can apply the same methodology to other areas of the City but we should
start here first.
Vice Mayor Weiland would like other areas of the City to be included at the same time or he
said that he wanted to go on record that if we move forward on this particular area, we need to
move fast in other areas as well.
Assistant City Manager Hawkins said that staff will come back with a contract anc~ scope of
services. Tt could then be discussed what areas could be done simultaneously.
Commissioner McCray liked the fact that any citizen who so desires can be included, He said
that the citizens need to be educated.
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Meeting Minutes
Regular City Commission
Bovnton Beachr Florida
December 4r 2001
Commissioner Fisher questioned whether this was the right program. He cannot tell from a
two-page brochure.
Assistant City Manager Hawkins said that they will come back with a contract and scope of
services and his concerns will be addressed.
City Manager Bressner said that this ~s a nationwide methodology. Tt is a very powerful tool
that enables people to do good things for their community with staff.
Mayor Broening stated that six to eight years ago, Ann Ford was hired as a consultant by the
City to Puild neighborhood and homeowner associations and many of the 83 recognizable
neighborhood and homeowners associations are a result of that.
Commissioner Fisher said he does not have enough information.
Motion
Commissioner Ferguson moved to approve item VI.F. Vice Mayor We and seconded the motion
that carried 4 to 1, with Commissioner Fisher dissenting.
VTT. CTTY MANAGER'S REPORT:
A. Status report for Intracoastal Park and Boat Club Park
City Manager Bressner gave an update on the status of the two parks. The report is attached
to the original minutes on file in the City Clerk's office. The anticipated completion date for
Boat Club Park is .lune 2002. Regarding the Intracoastal Park, the City is working on getting
permit documents prepared by regulatory agencies. Depending on permits being issued by
these outside agencies, the start date will be between May and August of 2002.
Commissioner Fisher said that since he will not be on the Commission after November 2002, he
wanted to know what could be done to ensure that a future Commission does not take the park
designation away at :Intracoastal Park.
City Attorney CherOf stated that you cannot tell a future City Commission what to do.
A woman from the audience from Waters Edge said that the parcel of land north of her looks
like a dump. She questioned why it was taking so long to have it cleaned up.
City Manager Bressner stated that they were advised by a state agency that they could not
toUch the dirt. He will give a written report to her and the Commission regarding the reason
the City was not allowed to move it.
The woman from the audience wondered why it was taking so long to develop Intracoastal
Park.
Mayor Broening said that the City has never had enough money to develop the land as a park.
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Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4, 2001
There was discussion regarding what a shame itwas that this is taking so long. There was
comment that the City could lobby our federal representatives.
Review and DiScussion of Staff Report on Nonconforming Lots and Buildings in
Commercial Districts
City Manager Bressner explained that this is not about specifically doing anything with regard to
nonconforming lots or buildings in commercial districts; but rather a continuation of
conversation relative to what happens in redevelopment issues related to any existing
structures in a redevelopment area. Sometimes the most economical way is to tear down and
build new buildings and sometimes they can be saved and be used. The decision depends on
the condition of the building, the location of the buildinc on a Iot~ and how friendly the codes
are to redeVelopment. Our codes are not that friendly and City staff is working with the
Chamber of Commerce on code changes, when appropriate.
Mike Rumpf, Planning & Zoning Director, said that we need to be cautious regarding which uses
we are welcoming into the City and whether they are consistent with our redevelopment plan.
He said that staff wil continue to look at antiquated regulations and continue to work on
proposing redevelopment planning and zoning regulations for the Commission to consider.
Commissioner Fisher asked what can be done to expedite this process.
City Manager Bressner stated that he was not in favor of hiring additional staff but we may
need external legal review and a consultant to work on these regulations.
Commissioner Fisher commented that he has heard that Boynton Beach has changed for the
better regarding issuing permits.
Tt was the consensus of the City Commission to direct the City Manager to have staff come back
with a proposal for the Commission to reallocate money so that the rewsions to the code can be
started this year.
City Manager Bressner said a specific recommendation would be before the Commission the
first meeting in .~anuary.
C. Discussion Regarding Establishment of Arts Commission
City Manager Bressner said that the team worked very hard o~ developing criteria for a~ Arts
Commission. The purpose of this is to develop funding mechanisms for public art and
placement of public art.
Vice Mayor Weiland had a concern regarding the necessity of this Commission at this time. He
said that there are several advisory board vacancies now.
Commissioner Fisher said that this would be a unique board. He asked whether we are ready
to look at cultural things. He said the cost is nominal.
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Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4, 2001
Commtssioner McCray said that it seems like reports just sit on a shelf. This report from staff
was fantastic.
Commissioner Ferguson was in favor of moving ahead but he was concerned regarding the
number of board members. He suggested changing the number of members from nine to
seven.
Mayor Broening said this Arts Commission was overdue.
Motion
Commissioner Ferguson moved to direct staff to come forward with an ordinance with the
recommended change to the number of board members. Motion was seconded by
Commissioner Fisher and carried unanimously.
Report on Proposed Economic Incentives - Ocean Avenue and Martin Luther
King, ,lr. Boulevard
City Manager Bressner explained that this incentive dealt with four businesses to cover the cost
of water and sewer capacity charges totaling $58,950. The businesses are:
· Booker T's (Restaurant)
· King's Caf~ (Restaurant)
· Shipwreck [Restaurant)
· Daughtery House (Restaurant)
119 E. Martin Luther King, ~lr. Blvd.
428 E. Martin Luther King, Ir. Boulevard
502 E. Ocean Avenue
405 E. Ocean Avenue
These funds are available in the economic development account.
Mayor Broening said that the City needs to give incentives to businesses. This is long overdue.
Commissioner Fisher said that this will make it clear to other businesses that the City is open to
these incentives.
Commissioner McCray was glad to see businesses on Martin Luther King, Jr. Boulevard.
Vice Mayor Weiland said he does believe in incentives. However, he was concerned regarding
the City losing money and how this money would be replaced. He said that maybe the fees
that we have are too high. He also had a concern regarding the people who have already paid
these fees.
Mayor Broening said that incentives should be given to businesses that are willing to take a risk
in the redevelopment area. We should be aggressively pursuing businesses when they fit our
long-term goals.
Motion
Commissioner Ferguson moved to approve the use of economic incentive funds in the amount
of $58,950 for these four ;usinesses. Motion was seconded by Commissioner Fisher.
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Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
December 4, 200.1.
City A~orney Cherof asked that the motion be conditioned upon an appropriate agreement
being worked out to ensure and secure the incentive money 'f the projects do not end up the
way they were proposed tonight. Commissioners Ferguson and Fisher agreed to the condition
added to their motion.
Vice Mayor Weiland said that incentives are important but he cannot support this figure in its
entirety.
Robert Katz. the develooer, said that Boynton Beach is the only community that has this cap
fee.
Commissioner Fisher said we should be competitive with other cities.
Vote
The vote was called and the motion carried 4 to 1, with Vice Mayor Weiland dissenting.
A recess was called at 8:40 p.m.
The meeting resumed at 8:50 p.m.
The consensus of the Commission was to move Item XI.A up on the agenda because Vice
Mayor Weiland was feeling ill and would be leaving the meeting shortly.
X~'. NEW Bus'rNESS:
Endorse the enforcement of current regulations requiring shade canopies to be
defined as "structures" and, therefore, subject to building codes and zoning
regulations
Mike Rumpf showed pictures of some canopies that were cited by Code Compliance. The
planning & Development Board reviewed this item and agreed with staff's recommendation that
these canopies be conSider'ed as structures.
City Manager Bressner said that a comparative survey was done and the majority of
communities do consider them as structures, requiring permits and subject to setbacks, etc.
Commissioner Fisher asked what the difference was between a temporary and a permanent
structure.
Mike Rumpf said that something is temporary when it is erected for a limited time period.
City Manager Bressner said that the City has no definition that would list a canopy as being
temporary.
Don Johnson, Building Official, said that a 10' x 10' canopy can be used for a spedaI event and
they have not been requiring a permit for that. He read Section 104.1.2 of the Standard
Building Code. Mr. Johnson said that at least for the past 18 years, canopies have been
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Meeting Min utes
Regular City Commission
Bovnton Beach, Florida
December 4, 2001
permitted if they met the setback and wind load requirements. The City is not saying that
citizens cannot have these canopies, just that they must meet the requirements. Mr. Johnson
said that complaints he has received dealt with the setback issue. The neighbors were
concerned regarding having no buffer between them and their next-door neighbors so it was a
quality of life issue.
When asked regarding the number of these nonconforming canopies that had been cited, Code
Compliance Administrator Scott Blasie stated that they have cited 60 to 70 structures and 80-
90% have been taken down.
Motion
Commissioner Ferguson moved that the Commission grandfather these remaining canopies and
enforce the law beginning in January 2002. Motion died for lack of a second.
Mayor Broening said that the issues are safety and existing setbacks.
City Attorney Cherof requested that the Commission include in their discussion the aesthetic
issue.
Mayor Broening said that there are canopies available that are totally retractable. He asked
how our present code would address these.
Mr. Johnson said that our code does not address that.
Mr. Rumpf said that a retractable canopy is allowed to encroach into the setback 21/2'. That
regulation is written for a commercial building.
Bob Ensler. 26 Woods Lane, and a member of Planning & Development Board, said
that there had been significant discussion regarding this at the Planning & Development Board
meeting. The prime reason the Board wanted to follow the regulations was safety. The poles
from these canopies would be missiles. Their second reason was the setback issue,
Shelley Costantino, 155 Flamingo Drive, said her family was cited. She said that these are
not permanent structures and that they are sold as temporary structures. They are made to be
se~ up and taken down in 30 minutes. A hurricane warning comes with hours of warning time.
She said that only an ignorant person would leave it up during a hurricane. Additional
restrictions are unwarranted.
3ames Baker, 1216 NW 8th Court, showed a picture of his canvas cover. He said that he
takes his down when we get storm warnings, ]~t is part of his boat investment. He said that
five years ago, before he putit up, he called the City and they said there were no requirements
for these. Mr. Baker asked that the City grandfather those already in place. He said it takes
less than 1/2 hour to take it down.
Mr: Johnson said that if everyone would take them down during a hurricane, it would be great;
however, everyone does not take them down. He said he is just trying to enforce the code.
14
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4, 200~
Commissioner Fisher is comfortable with a window of time. Tf the canopy is up more than 30 or
60 or 90 days, it would be permanent.
Mr. Johnson said that would be a policing nightmare.
Motion
Vice Mayor Weiland moved to allow staff to enforce the current regulations requiring shade
canopies to be defined as "structures" and, therefore, subject to building codes and zoning
regulations. Motion failed for lack of a second.
Motion
Commissioner Fisher moved to table this item until the next Commission meeting. Motion was
seconded by Vice Mayor Weiland and carried unanimously.
Vice Mayor Weiland left the meeting at 9:20 p.m.
V~II. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS
Project:
Agent:
Owner:
Location:
Description:
Dakota Lofts
H. P. Tompkins
Chan's Enterprises
30]t0 S. Federal Highway
Request to reclassify the subject property from Local Retail
Commercial and Low Density Residential to High Density
Residential, and rezone from C-3 Community Commercial and
AA Single-family Residential to Planned Unit Development (PUD),
The applicant proposes to develop the property with 19 three-
story town homes and related site improvements. The site plan
(NWSP 01-010) will be adopted as the master plan for the PUD
(I'ABL~_D UN.fL D~C£MB~R _~8~ 200.~)
Project:
Agent:
Location:
Description:
Federal Highway Corridor Plan - Rezoning and Code Amendments
City of Boynton Beach
Federal Highway Corridor segment between the Boynton (C-16)
Canal on the North, and Woolbright Road on the South, and lying
between the Intracoastal Waterway on the East, and the right-of-
way of the Florida East Coast (FEC) Railway on the West
:[. Request proposed Zoning Regulations for Mixed Use and Mixed
Use Low zoning categories, consistent with the recommendations
of the Federal Highway Corridor Redevelopment Plan;
2. Request to rezone to Mixed Use (MU) various properties with
commercial and residential uses totaling :[04.92 acres identified on
the accompanying location map as Parcel 2 (see Exhibit A), zoned
Central Business District (CBD) and Multi-family Residential (R-3);
3. Request to rezone to Mixed Use-Low (MU-L) various properties
with commercial and residential uses totaling 236.73 acres
identified on the accompanying location map as Parcel I and
15
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
D~r,=mber 4; 2001
Parcel 3 (see Exhibit B), zoned SingleIfamily Residential (R-l-AA)
& (R-l-A), Duplex Residential (R-2), Multi-family Residential (R-3),
Office/Professional (C-1), Neighborhood Commercial (C-2),
Community Commercial (C-3) and General Commercial (C-4)
(TABZ~cD UNTZZ O£CEMBER ~8~ 200.~)
Project:
Agent:
Owner:
Location:
Description:
Krispy Kreme
Scott Barber/Gee & Jenson
Dynamic Doughnuts Florida Realty, Inc. and Krispy Kreme of
South Florida, LLC
Between NW 1~ Avenue and Boynton Beach Boulevard [SR804],
approximately 1,500 feet east of NW 7t" Street, opposite the
intersection of Boynton Beach Boulevard and West Industrial
Avenue
Request to amend the Comprehensive Plan Future Land Use Map
designation on a 0.62 acre parcel from Medium Density
Residential (9.86 du/ac) to Local Retail Commercial and to rezone
from Duplex Residential (R-2) to Neighborhood Commercial (C-2)
(Request postponement of pub/lc hearing un~l January 2~
2002)
Project
Agent:
Owner:
Location:
Description:
Calvary Chapel of Boynton Beach
James Barretta
Calvary Chapel of Boynton Beach
3190 Hypoluxo Road (south side of Hypoluxo Road, approximately
1,200 feet west of Congress Avenue)
Request to annex an 8.84-acre contiguous parcel to be master
planned for a church campus
Dick Hudson, Senior Planner with the Planning & Zoning Division, said that this annexation was
at the request of the property owner. It is a reduction of the enclave properties. Staff
recommends approval.
Motion
Commissioner Fisher moved
motion that carried 4 to 0.
to approve item VIII.D.
Commissioner McCray seconded the
Project:
Agent:
Owner:
Location:
Description:
Calvary Chapel of Boynton Beach
James Barretta
Calvary Chapel of Boynton Beach
3190 Hypotuxo Road (south side of Hypoluxo Road, approximately
1,200 feet west of Congress Avenue)
Request Land Use Amendment from HR-8 (Palm Beach County
designation) to Moderate Density Single Family Residential
(MoDR) and to rezone from Agricultural-Residential (Palm Beach
County zoning) to Planned Unit Development (PUD)
16
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4~ 2001~
Motion
Commissioner McCray moved to approve item VIII.E. Motion was seconded by Commissioner
Fisher and carried 4 to 0.
Project:
Agent:
Owner:
Location:
Description:
Krispy Kreme
Scott Barber/Gee & Jenson
Dynamic Doughnuts Florida Realty, Tnc. and Kdspy Kreme of
South Florida, LLC
Between NW 1~ Avenue and Boynton Beach Boulevard ~SR804),
approximately 1,500 feet east of NW 7~ Street, opposite the
intersection of Boynton Beach Boulevard and West Industrial
Avenue
Request Conditional Use/Site Plan approval for a 4,680 square
foot fast food restaurant with drive-through feature ('Re~,ues~'
postponement of pubh'c hearing until]anuary R~ RO02)
Project:
Agent:
Owner:
Location:
Description:
Bible Church of God
Shirley Waters
N/A
1390 North Beacrest Boulevard
Request Conditional Use approval for an accessory
daycare/preschool use in an existing church with its required
outside play area. The daycare will be operated on weekdays,
during the off-peak periods of church operation.
Motion
Commissioner McCray moved to approve item WII.G
Fisher and carried 4 to 0.
Motion was seconded by Commissioner
Project:
Agent:
Owner:
Location:
Description:
Mobil Woolbright & Congress
Anna Cottrell
Mobil Oil Corporation
2605 W. Woolbright Road
Request for Conditional Use/Site Plan approval for a gasoline
dispensing establishment with accessory car wash facility
(Request 13OS¢l~onemen¢ of l~ublic hearin~ un~il January R~
2002)
IX. FUTURE AGENDA ITEMS:
Discussion Regarding Possible Development Scenarios for the M-1 Zoned Land
along South Congress Avenue, Related Issues and Appropriate Alternative
Strategies to Address Same (December 18, 2001)
B. Modification to City Pay Plan - Salary Ranges (December 18, 2001)
C. Modifications to Cit-¢ Purchase and Contract Award Policies (December 18, 2001)
17
Meeting ~linutes
Regular City Commission
Bovnton Beach~ Florida
December 4, 2001
D. Report on Modification to Development Review Process - Environmental Permits
(December i8, 200i)
E. Traffic Calming and Traffic Control Final Report (January 15, 2002)
F. Review of Proposed Amendment to Development Agreement - Marina Project
(.lanuary 15, 2002)
G. Stormwater Projects Report (.lanuary 15, 2002)
H. FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway
Administration Delay in Rulemaking
DEVELOPHENT PLANS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
PrOposed Ordinance No. 01-50 Re: Amending Part III,
Land Development Regulations, Chapter 1 and Chapter 21, regarding
"Banners"
City Attorney Cherof read proposed Ordinance No. 01-50 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 01-50. Commissioner
FiSher seconded the mOtion. City Clerk Prainito called the roll and the motion passed 4 to 0.
Proposed Ordinance No. 01-58 Re: Amending Chapter
26, Article :iV, Division 4, Subsection D, Section 25-143 Discharge of
Restricted Wastewater as it relates to the :industrial Pretreatment
Program by adopting by reference the local limits as set by the South
Central Regional Wastewater Treatment and Disposal Board (SCRWTDB)
City Attorney Cherof read proposed Ordinance No. 01-58 by title only.
r~otJon
Commissioner Ferguson moved to approve proposed Ordinance No. 01-58. Commissioner
McCray seconded the motion. City Clerk Prainito Called the roil and the motion passed 4 to 0.
18
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4~ 2001
Proposed Ordinance No. 01-59 Re: Amending the City of
Boynton Beach Communib/ Redevelopment Plan and adopting the "Heart
of Boynton" Plan
City Attorney Cherof read proposed Ordinance No. 01-59 oy title only.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 01-59. Commissioner
Ferguson seconded the motion. City Clerk Prainito called the roll and the motion passed 4 to 0,
B. Ordinances- :~ Reading
Proposed Ordinance No. 01-60
attendance
Re: Advisory board
City Attorney Cherof read proposed Ordinance No. 01-60 by title only.
It was explained that the policy is to allow three absences from regularly scheduled meetings.
The CRA chairman was in the audience and said he had no objections to this proposed
ordinance.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 0:~-60. Commissioner
HcCray seconded the motion. City Clerk Prainito called the roll and the motion passed 4 to 0.
2. Proposed Ordinance No. 01-61 Re:
City Attorney Cherof read proposed Ordinance No. 0:~-61 by title only.
School Concurrency
Commissioner Fisher asked whether the School Board can stop a development process if this
ordinance is approved.
Mike Rumpf said that Dick Hudson, whO is a specialist on the school concurrency project, will
give him an answer before the second reading of the ordinance.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 01-61. Motion was seconded
by CommisSioner McCray. City Clerk Prainito called the roll and the motion passed 4 to O.
Proposed Ordinance NO. O1-62
Redevelopment Agency staffing
Re: Community
City Attorney Cherof read proposed Ordinance No. 0:~-62 by title only.
Commissioner Ferguson inquired whether we .need an ordinance or a resolution to transfer
funds to the CRA for the Promenade, the parking, and the proposed Clubhouse at Intracoastal
Park.
19
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
December 4~ 2001
City Attorney Cherof said it can be done by resolution. Commissioner Ferguson requested that
it be placed on the next agenda
MoUon
Commissioner Fisher moved to approve proposed Ordinance No. 0:~-62. Motion was seconded
by Commissioner McCray. City Clerk Prainito called the roll and the motion passed 4 to 0.
Proposed Ordinance No. 01-63
transfer of accumulated leave balances
Re: Fire pension optional
City Attorney Cherof read proposed Ordinance No, 01-63 Dy title only.
City Manager Bressner explained that this dealt with the manner in which leave is classified.
This would allow the leave to be transferred to a tax-exempt status during the last year of
service to shelter future income.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 0:[-63. Commissioner
Ferguson seconded the motion. City Clerk Prainito called the roll and the motion passed 4 to 0.
C. Resolutions:
1. Intentionally le~: blank
Proposed Resolution No. R01-318 Re: Authorizing the City
to enter into an interlocal agreement between Gary R. Nikolits, as Palm Beach
County Property Appraiser, and the City of Boynton Beach Fire/Rescue for the
collection of its non-ad valorem assessments
City Attorney Cherof read proposed Resolution No. R01-318 by title only. He suggested that
the agreement be changed from "and the Boynton Beach Fire/Rescue" to "and the City of
Boynton Beach."
Motion
Commissioner Fisher moved to approve proposed Resolution No. R01-318, with the amendment
suggested by the City AttOrney. MotiOn was seconded by Commissioner McCray and carried 4
to 0.
Proposed Resolution No, R01-319 Re: Authorizing the City
to enter into an interlocal agreement between the Palm Beach County Tax
Collector and the City of Boynton Beach Fire/Rescue for the collection of its non-
ad valorem assessments
City Attorney Cherof read proposed Resolution No. R01-319 by title only.
20
Meeting Minutes
Regular City Commission
December 4 200!
Motion_
Commissioner Ferguson moved to approve proposed Resolution R01-319.
seconded by Commissioner HcCra¥ and carried 4 to O. No.
D. Other:
Motion was
X.TZZ. UNFINISHED BUSINESS:
XZV. AD3OURNMENT:
There being no further business to come before the Commission, the meeting was duly
aojourned at 9:40 p.m.
A~I'EST:
(3 tapes)
/~<~,,,~ CommissiOner Commissioner:
21
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PARICS, DEP~ITMENT M~MO~UM
TO:
KU~t B~ss~er, Ci~ M~er
Wilfred-Hawkins, ~s~hi City" Manager
Dale Sugerman, Assistant Ci~ Manager
Jeff Liverg0od, Public Works DireCtor
FROM:
oXohn Wildner, parks Dir _ector
CC:
Paul Fleming, Sen~or Project Manager
Barbara Meacham, Parksiand-~i Lmxdsgape Planner
Bill DeB~ck, ProjeCt Manager
File
Status Report olt Boat Club Park Improvements and Intraeoastal Park Construction
Date
November 28, 2001
Per your request, the following information is submitted:
BOAT CLUB PARK IMPROVEMENTS.
The notice;t~ proceed with renovatio~ was issued to Coustrucfion :Technology Inco[p _orated as of
November 26t~: The first site nieeting ~s scheduled £or November 29, ~0Ol. Early emphasis f?r'
construetier~ will be on parkihg:lots later focus will be on renovations to the ramps and additional
holding docks.
MORETS PRQPERTY
The Engmeenng Department has prepared a purchase order to demolish the r~orey sbuil&ng. Parks
and Ea~,~ineering De~rtments.have b~gun,p!anning to incorporate~ !the addition, a,t p~0perty into ~oat
Club Pa~k. our goat is toaceomplish ~onslx'uc~ion on the additional, property as Par~ of a change order
to the existing construction contract.
BOAT CLUB NAVIGATION CHANNEL
Preliminary work has begun on this project in conjunction with Palm Beach County, actual dredging to
occur in December. Sand wilt be used t~ refurbisl{ the beach from the inlet south to include OceanfrOnt
Park.
INTRACOASTAL PARK
90% ofthe sit~ draw~a!gsare complete for the development ofthe park. Comments are being
incorporated into the documents.
Palm Beach County has reserved grant funding for this projeet~ut has delayed preparation of a [ormal
inter-local agreement pending a clear demonstration of the City s intent to.proceed with the approved
master plan. Discussions .~wi'th' County Park and R¢6reation3taffsUggest the completion o.f. Site .Plan
documents,would be a good opportunity to contact Commimdoner McCarty about procee&ng wi~ the
inter-local agreement for County funding of this project.
.JW/x-lr
Page 1 of 1
CAPITAL IMPROVEMEN;]' PROJEC!~S
I Project Nbme Boat ClUb Dis~r~ct Park,Re~ovation '
; Project SPonSor: Jd'hn Wddner:(ext. 6226;) ~' '
Account No.: i Ol? Projept~ Nt~'mber: 01011
Project Manager: I ai/F'DeBect( (ext' 6486) '' '
Start, Date: I Janua~ 200'1 I :Estimated Cost. I '$1,2'~0;000
Fundihg Years: · Amount ' Abtivity t Sources
'2001/2002 $900 000 .: .Improvements/PBC Grant
$~44 575 . :Improvement / Parks and Recreation
; ~., Dedicat,on A(~count
$!65 425 Improv~ents/,TBD ' '
T '
ora!! Funding: $1,~210 000 . , ;
Description of Project:
75 additional b0a! trailer parking spaces; renovate existing boat ramp-refurbish &
reCace actual ramps add boat holding docki aluminum bulkhead [o replace existing'
Seawall; relocate picnic shelters; move tdt lot; add curbing; upgrad~ landscaping; due
to delays, additional permits and eng neering are req~ired~ thu.~ adding to ~osts.
Wallac~, Roberts & Todd have beer{ p~eviously retained & much of eng neering/design
work has been COmpleted. :
Project Updates:
May 2001: Construction documents are complete and Bid documents are
in final preparation.
July 2001: COr~struction, i~lanS are 100%, Request for Bid was issued on
5/25/01; Bid Opening is scheduled for 8/09/01.
The City is moving towards, pur~asing Morey's Lounge and
getting Pal'm .~Beach Count~ grant monies. More will be
reported on this as things de'elgin.
September 2001: The :Contract has been awacded, to Construction Technology.
Construction is Scheduled to begi;n October 22, 2001.
The Parks department has secured an additional Grant from,
PBC in the amount of $250 000 to be used towards the:
purchase of Morey,'s Lounge; additional planning is underway
by the Parks department to integrate the additional property
into the Boat Club Master P an The add tonal Grant money
has 'NOT yet been factored into the availab e fund ng
Page 8 of 41
City Of ~o~yn~on Beach
DePartment. of Enginee,ri~g
Cons~Cti°r~ Se~,ices DiVision
CAPITALIMPROVEMENT PROJECTS
Project Name: I Boat CUb Distr ct park Renovafion
Project updates:
' December 2001: ; The purchase of Morey's is comp ate and CSD is taking steps
to demolish the ~uil~ing and incorporate the use of t~e new
area into the Park~s Ma~ter Plan The Department of
Engineering may perform the detail design of ~e addifionat
parking spaces; the field work will,be done as a Change Order
to the COntract w th Construction Techno ogy, Inc.
The Notice TO Proceed was iSSued to the Con~tactor on
November 26th. At this time, the?Contractor has begun site
mobilizafion. The first site progress me~fing was~ held on
11/29/01.
Page 9 of 41
City O~'Boyntor~ Beach
Dep ;ar!tment of, Engineering
,construl;t~on Serv ce~ DiVision
CAP TAL IMPROVEMENt' PROJECTS,
A¢caUht NO.: '
Start Date:, t ,November 2000 t Estimated Cos: 1 $3,270,000
'Sburces
Recreation
$400,000
Phase Ii
nt
Total Funding:
Description of Project:
Th_is sa lO-acre, undeveoped park site adjacent to the lntracoastal Waterway.
ounty/City joint fund ng; development to iAclude passive recreat on' such as picnic
he ters: & pavilions Picnic tables. ,andscaong, restrOom building conc~ssion
ul d ngi parking lot, windsurfing landing, waterside plaza~ float ng fountain, Veterans'
~morial, shaded walkway and n- ne skating path will be located on site.
Project Updates:
May, 2001:
July 2001:
September 2001:
The grant request from Palm Beach County (PCB) is on
HOED pending further direction form the (~ity. Planning
continues with the Cty paying for professional design services
Pending possible reimbursement f~.om PBC.
The Master Plan was approved by the City Commission in
October 2000. The Final Site Plan was accepted in July 2001.
Currently the Architectural design is at 25,°.Z~ and the detailed
civil design is at 10%. The SFWMD Pen-nit is being prepared
and shot~ld be 'issued with in the ne~ 10 days At th s t me,
there are no Public Meetings scheduled for this project.
Additionally, we are waiting for a release of the HOLD on
Grant Funds from Palm Beach County.
Architectural design is 50% complete and civil! design is at
35% complete. The SFWMD Permit application was
submitted on 9/13/01,
Page 14 of 41
C~y ,,Of'Bo, ynton Beach
Con~rU~i~n Se~id~s o~ViSiO~
CAPI,TAL IMPROVEMENT' PROJECTS-
Pi~o[e6t L~ davies:
: ' ': 'Dece~ber'20Ol:~ ~}/~, !c~awi,ng~,~h~:t~ie~i~:r~e~,' ]~et:l~ ~dT~vieWe,d, With~-i~i~r
. dcawmgs, we w~}l~a~lhe pe~ting.pm~
~ls, o[,~ ~ ' ~4~e'~-to e~
, 0~a~e~, ;~,~ ~li~s ffa~ ,~e~tmined NOT ~0 do:th s
~he ~Jr~ent ptd~.~e ~Re for ~he p[oj~ s
t, Flna Plan Rey~ 1~(~
B~ Cyme - 4/~/02 ~u 7/~6/~2
Bid ODen~n~
' C~m~ss dn A~ehd~ [or Contract award- 8~6~02
Constracben - ~,v~ ~ru 8121103
Page 15 of 41
"i l I Da o [ Start
ID Task Name rati n ....... F!nish
o I~-~(~(~.~STAL PARK : 85~'~y~ ! Fr 115101 Sat 715103
t PLANNING START 0 days ~: Fri 1/5/01 Fri 1/5/01 4~I~s ~ r
2 ARCHITECT SELECTION : 14 days Fd 1/5/01 Thu 1/18/01
3 - DES~IGN PHASE i 355 days Fr '11510'1 i Moa 2/'18102
--- 7 00%REVIEW PLANS ' 110 days: Sun 8/12/01, Thu 11/29/01 ; -- ~:
8 ~ ENG/BLDG REVIEW i 21'days: Fri 11/30/01 Thu 12/20/01
9 - F NAL PLAN REVIEW 60 days~ Fri 12/21/01; Moa 2/18/02
10 PERMITING 399 days: Fri 11510t Wed 413102
-~1~- STATE/COUNTY REV EW ! 270 days i Fr 1/5/01 [ Sun 11/25/01
"~2 CITY BLDG DEPT REVIEW ! 30 days~ Tue 2/19/02 Wed 3/20/02
13 PERMIT APPROVAL 0 days; Wed 3/20/02: Wed 3/20/021 '
---1~'~ CONTRACT DRAWINGS 14 days Thu 3/21/021 Wed 4/3/02 , : :
'15 PROCURMENT i 254 clays ~ Moa 12/3/01, Toe 8/t3102
--t6 PREPARE DOCUMENTS ! 30 days Moa 12/3/01 ' Tue 1/1102
17 BID PERIOD ; 90 days Thu 4/4/02 Tue 7/2/02
*- -~-- PREB D MTN 0 days: Sat 5/11/02 Sat 5/11/02
19 B D OPENING 0 days Tue 7/2/02~ Tue 7/2/02 :
-- 20 REVIEW AND AWARD 21 days Wed 713102 Tue 7/23102 : i ·
2t-- COMMISSION APPROVAL 0 days Tue 7/23/02 Tue 7/23/02 : ;
22 CONTRACT/PO 21 days ~ Wed 7/24/02 Tue 8/13/02 ; ,
23 CONSTRUCTION 298days ! Wed 81'14102 ! Sat 6/7103
24 START 270 days Wed 8/14/02; Sat 5/10/03
25 FINISH ! 0 days: Sat 5/t 0/03 Sat 5/10/03 , : r
26 '-- CLOSE OUT 14 days : Son 5/11/03 Sat 5/24/03
'- 27 FINAL PAYMENT 14 days :~ Sun 5125103' Sat 6/7/03 :
14 day ! t8/03
28 CLOSE OUT s Sun 6 Sat 6/21/03 ,.
-'29 FINAL PAYMENT · 14 days' Sun 6/22/03: Sat 7/5/03
Task liiiiiiiiiiiiiiiiiiiiiiiiii!i~ii!i~i~l Uil~stone ~' External mas
Project: INTRACOASTAL PARK Split ......... Summary ~ External Mil(
Date: Fri 11/30/0t ....... "'
Progress Project Summary ~ Deadline
Page I
Milestone
712
CASE LAW CRITERIA
Special Benefit to Property
[] Fmr and Reasonable Apportionment
Government Services Gronn lnr,
Nabors, Giblin & Nickerson, P.A.
HICKS BRANS SCNER PAGE 82
hr~:lAveb2'we~faw-eom/msul~doc...54329ii&$aw~e=F~d~T~b=Ci~_e£h
SMM Properties, Inc. v. City of North Lauderdale
760 $c3.2d 998 ~. ~
FJa.App. 4 D~s:. 2000.
................. ...... June 14, 2000. _(Appr~x' 7 p~ges) ~
lo.ri
.......... NOU 29 2~1 12:~1
1 ] 129/0
, 1t/29/20~1
11:51 58i697'3852' HICKS ERaMS -CHER PAGE 83
hnp;#w~bl, wcst/aw.com/r~su lrYl~x...34329 i 1 ~S e~Ac e=F~n&%Tab=C/te ~-L is
25 Fla~ L. Weekly D1439
Ownars of commercial property in city filed complaint requesting declaratmv relief and injunction
against city, alleging that assessment was an unconstitutionally'disguised as a spec/al assessment The
~s~, ? Ro., .ut-z 9;.APP ~ea!,~tevens.on, ~,., n,~td that: ( i ) cmlrt e~uld separately analyze each of thc services
,mriae~a, ~,~m,m~ m~e~,atea n?, servl~es ~uctget t?.msure that each component survived required special
oenems ~es: mr vslm special assessmenl, recedi~ fi:om City ofP~mi~ro-k~ Pi~es. 728 So.2d 3a7 ~nd (2)
em~gency medical services provided by city could not be the'subjeCt cfa valid special assessment.
Affirmed in part and remanded; question certified.
Klein; 1., concurred specially and filed opinion.
Warner, C J, and Std~e, ~., filed dissentihg opinions.
West Headnoms
~ ~e¥Cke Notes []
~,~268 Municipal Corporauons
¢=2681X Pufflic Improvements
,,~,~ Assessments for Benefits, mad Special Taxes
, ~'268k405 k. Nature of Assessment or Tax. Most Cited Ca, es
~,-371 Taxation
o~j~.~J Nature and Extea~t ofPo~ver Ln General
.¢=371kI lc Nature of T~xes, Most Cited Cases
.A special assessment must satisfy a two-prong test in order to be considered a valid special assessment
rather than a tax: (1) the se~wices at issue must provide a special benefit ro assezsed proper:y, and (2)
assessment must be properly apportioned.
I~11
[2~ KeyCite Notes
Municipal Co~orations
.c:*25.~ Public Improvements
,>--~268IX(E) Assessments for Benefits, and Special Taxes
o:~268k496 Confirmation or Revision of Assessment by Court
· ,~=.268k503 k. Scope of Inquiry and Powers of Court. ~
Standard of review of the le~slative determination that a service provides a speci,2 benefit to the land
and the dete,~kmtion that the special assessment is fa/fly apportioned is fl~e same, i.e., ,~ hether the
determination is palpably arbitrary.
~ 152evCite Notes []
· ~268 Municipal Corporations
c.~-2681X Public Iraprovemenm
~-;..261_~ Assessments for Benefits, a~d Soecial Taxes
c-268k484 Presumptions as to Valid/ty of 2~ssessment and Effect as Evidence
<;~,268kzt84(1 ~ k. In General. ~
Legislative determination is presumed correct, and the burden is on the parry contesting the special
of 8
11/2~/01 11:44
· 11/29/2881 11:5! 5616:.73852
hf~P!//web2.wcstlaw, com/resulgte.,c-$4329] 1 &Service=Find&Tab:Cite,iii~
assessment to establish its invalidity.
~ KevCite Nvtes []
.(~265 Municipal Corporations
~268IX Public Improvements
~ Asses~raeats for Benefits, and Special Taxes
¢~.2.~68k436 Benefits to Property
~.:.26~k439 k NatUre; Ext~nt, and Amount. ~
Corox may separately anal~,y~e each of the services funded within/ntegrated fire services bud e:
that each corn onent survives re uire ' , . . . g to insure
Ci", -~'~'---~:?-'- ..... ~ q ~d s~a!~benefits test for vahd special assessment: recedin¢
(=.3 7~ Taxation
<:~.3.711 Nature and Extent of Power in Genial
~.371kI k. Nat'are of Taxes. Mast C~
" II
Emergency medical services provided by city did not confer a special benefit on property, and ~us
assessment for those serv/ces wa~ an invalid ad valorem tax clothed as a special assessmem; services
provided no special benefit to real property, cud there was no evidence that ava/lability o£ emergency
medical services decreased insurance premiums or enhanced value of real props~-ty. West's F.S ~A. Const.
~ 9¢a~; ~.
[.~ KevCite -Notes []
.z;:268 Municipal Corporations
c~.~2681X Pu61io Improvements
~:-;~ Assessments for Benefit% and Sp~ial T~
r~268k4~ Benefi~ to Prope~
~268k4~9 k Na~¢, Extmt, ~d ~omn. Most Cited Caseq
Integrated ~ rescue rom o~5ded b ciw 'z '
, , P ~ ~ . y.. con.e~ a ~ec~ b~efit on roy ~d tim- ' ~
~%~e ~,e subj est of a v~d spec~ ~s~sment. P ' ~' ~ ~ ~os~
~v{.e~¢s~ o[ ~, Bm~gton, Bo~ & Compi~i, P.A., West Pa~ B~ck ~d ~eism O.
~x~ or,m: mac~ LLP, Mi~, for appeH~U.
~eso~ T. St~z~, ~ ~d ~s/nia Saunders DelqE~ or--ham C4blin ~ ~/ci'~man
P.A., T~l~assee, md Samuel S. Gor~ ~d ~ichzel D. Ci~llo. Jr.. of Jasik, ~ore~ CheroE Doo~]&
~1, P.A., Fo~ Laudable, for a~ellee. ~
.~ of 8
STEVENSON; J.
Appellants, a g-roup of commercial proverty owners in Broward County, challenge a final judaTaent
entered on behalf of the City o£North ~auderdale in wlfich the trial court found that a spe~tal~ssessmenr
Z~et~et~nefe~1~ol~o~vegru~i~zded~t~r~es.e. ue p.~o_~am provided, a. special benefit to the subject prop-s-ties and' ' ' '
· ~ ~[errmne me amount o~t.~e assessment wa~ fair and reasonable. The
~me~ated fi. re rescue progr~ included: I) fire suppression, 2) first-response medical aid, and 3)
emergency medical sen4ces (EMS). Because we conclude tha~, as ~ matter of law, the emergency
medical services component of the/megrated fire rescue program ar issue in this case did not provide a
special b~nefit to the assessed properties, we reverse that aspect of the final judgment, but certify the
11/29/01 ll:¢4 AM
tl/29/2081 ti: 51 5616~-73852
HICKS ~RfNS SCHE~ PhOE 85
k~p:/~:b2~ w~a~.com~resuIt/tex _5432911 &Servicc=F~nd~T~b=C~::~.L ~s
issue as o~e of great public importance. We affirm the trial court's d~erminatiou that th: assessmcmt
*1000 method was fair and reasonable insofar as the fire rescue portion of the assessment is concerned.
Fm~t$
Historically, thc City of North Lauderdale, a municipal corporation located in Broward Counry,
provided fire services withLn its boundaries, and the County provided emergency medical service~ ~ 7
within the C~ty. F2vIS was fimded by ad valorem taxes collected by the County. Eventually, the Co~3~my
decided to charge the C~tv ~or providing EMS to its reside=m Purmant to the County's de~ision, the City
and the County entered into a contract wherein fire County agreed to provide EMS services to the City
by fu~. '~h~g ~e City with.two emergency veh/cles to be stationed at the City's fire staxion aad at one
omer rotation, x-ursuant to t~e a..~-ceement with the City, county-employed paramedica/fireSghters
onboard the emergency veh£cles respond to ail major medical calls. These vehicles, whkh are equipped
to provide Advanced Life Support,..~N_2_] are used to transport inj~ed persons to the appropriate
hospital in medical emergencies. Tko amiual net cost of the Cour~ s two-year EMS contract w~th the
City is $318,000~00, with a prmdsion for a 5% ~ncrease ia the second year.
FNI, Emergency medical service ~s a term of art used to define the systematic provision of
services for assesrment treatment, and transportation oflnjured persons in medical
~-mergencies. ,See § 401.211. Flu. Stat. (1997).
FN2. Section 401.23(D, Florida_Statutes (I.997), defines "[a]dvanced life support"
"treatment oflife-threatening medical emergencies through the use oftecb, n/ques such as
endotrackeal imubation, the administration of drug~ or intravenous fluids, telemetry, cardiac
monitoring, md cardiac defibrillation by a qualified person, pursuant to rules of ~e
[Deparmmnt of Health]."
In .Tune of 1996, the City adopted an ordirm.rme wl~ch authorized and established procedures to fund the
cost of an i.nte_~.ated fire?sene and E.MS program through a spec/al assessment levied on all r~ro~e'rrv
o ,vners m the Ctty. The C~ty of North Lauderdale determined that the fire rescue services. ~a¢ilities, and
programs inoluded in the integrated fire rescue prog-mm provided a special benefit to ~e ~evied proper:y
by promoting tlie value 0fimprovements and smtpmres, protecting the life and safety o£occupants, and
lowering the cost of fro imurance and conte,ining the spread of fire incidents. See Ordinmnce No.
96-6-901, § 1.04. The City also adopted a resolution ~vhich establi~ed the rate of the assessmeat. ,See
Resolution No. 96-7-3612.
Appe]lams filed a complaint requesting declaratow reliefand an ~juncfion agaimt th, Ci~, alleging
that thc assessment v~m an unconstitutional tax ddsgmsed as a sp~i~ assessment. Appe]l~nts conceded
that the fire services portion of the assessment conferred a spec/al benefit upon their properties. They
sought, however, a declaration that the portion of the assessment for emergenc) medical services was
improper because the properties did not derive a special benefit from the service pro~fded md a
declaration that the assessment was nor fairly or rexsonabiy apportioned accordfng to the benefits
received.
The trial cour~ granted partial smmr2:ry judgmem on behalf of the City,, 5riding that the special
assessment for ~e integrated fire rescue prom'am conferred a *oecial benefit to oro~ez'r~ a~ a m,~ttm- ~'~
law. The parties were in agreement that a-Ir/al ,v- as requ/red to r'esolve the ~pp;r~i-o-~'~'~t-i-ss-u~-. .....
~ShUbSeque,ntly, ar a non-jury trial, the court found that the methodology adopted by the City to apportion
e speciaz assessment among the properties was ba~ed upon actual historical usage of fire rescue
services by various categories of pro/~eny within the Cie and the assessment w~s apportioned fa/fly and
reasonably. This appeal ensued. '
Ad valorem t~¥es/special a$$e$$;nentx
epellm}? argue that the trial cou.rr erred in granting partial summary jud~nent ~1001 for the City
ause me as.s, essment.fo.r emergency mei~ical aery/cos provides a service to all citizerm in the city and
s not promote a special benefit to *&e assessed real property. Thu~, appeP/ants assert tha~ the
assessment for emergency mod/cai services ~$ an invalid ad valorem tax clothed as a special a~sessmen~.
We agree.
of 8
· 11/29/2881 11:5!
distinction51 Collier CountVb¢~~nv' sp¢cialState 733~ses~emsSO.2d 101~2. 1017~¢s:~i~1999),. ~¢ Flo~ Supreme Co~ ~scu~¢d
IAI 1 gflly ~mposcd ~¢ct~ ~s~sment :s hOC a ~. T~es ~d speci~ ~s~sm~m ~e ~. '
p pe~, instead, ~ey may be temed ~oughout ~e p~ ~g ~t for fl~e gm~ b~efit of
landreSidentSburdea~d pmp~.b~ the ass~sm~tOn the other .... h~d s~ecial ~sesx~n~ m~r confer a spec~c ben,fit upon the
m is ~ e~omed b~den ofcon~bufion ~posed by sover~ fi~t for ~e su og of the
gov~m~t, ~e ~s~afion of me law, ~ to exmme ~e v~ous ~cfions ~ov~ei~ is c~led
on ro perf--. A ~dal ~sment is like a t~ in ~at it is ~ enforced con~bution Rom ~e pmpe~
o~e~, ~t,~y possess o~ ~o~ts ofs~i~ to a ~ but it is i~mtly d~Terent ~d gorged b
entmiy ~gent p~ciples. Jt ~ imposed upon the theo~ that th~ -orrion or)~ ~ ..... ,~. ,-' -
re~ired to bear it receives some special or peculiar benefit in the en~cemenr of value of th~ proper~
agent which it ~ i~flosed as a r~Mt of the impmvem,nt made with the procee~s of the specfM
a*aessment. ~t ~ l~i{ed ~o ~e pwop~ bene~d, ia not gorged by ~fo~ty m~ my be -
det~n~la~h~vety or judiciary.
_ . .: ~. z,.: ~ ~o. 90~, 90%08 ~Ig~Q~(~phasis ~ odg~). '
~_,.~ ~ [ ~ ~ ~ ?. s~e~t ~t satisfy a ~ o-prong t~t m other to b~ consid~ed a
mm sp~ a~e~mn~ ram~ma~ a t~: (1) ~e s~Sc~ ~ issue must ~m~d, a ~;~ h,~,
~sota Church ofChrist. [~c . 667 ,go. 2d 180. 183 F~a /99~ ~e st~d~d ofreh~ of the
le~sla~e de~afion ~at a scm'ice provides a ~eei~ benefit to ~e i~d ~d ~e de/~inmion
~ ~¢Ss~t ~ (~Jl~ ap~o~ioned is ~e ~e, i.e.~ whe~ ~e d~em~arion i, "palpably
al 1 ~, ~ne legm~ve aete~afion ~ pre~mea co~e~, ~d ~e burden is on ~e ~y contestkng
· e ~se~ment to e~Iish itc inv~idity. See Ci~ of~a[[andale v. MeeMnx. 237 So. 2~ 31~, ~20-2J
~' .
Special ~nefit--Em~gency Medical Se~,ces
Special ~se~ent~ for fire protection s~ices ~ve t~ic~y be~ fo~d to be valid since these
se~me~ provide a dkect, apeei~ b~t to re~ ~ by lowe~g a~ce eremims ~d
the prop~'~syalue. ~*e Sou~h Trail FYre Control Dist.. Sar~ota Counm v.
~7~e Dist. ~Vo. J o~Polk Com~rv. Jen~ns~ ~I So.2d 740 (FhA 969); ~arasota Coun~ v
oot ~o.za t~o?la.l ~5). As~essm~ts mr gove~ent-subsi~zed medical se~ices such ~ co'~*y '
heal~ units ~fl bonitos have gm~ty no~ been fo~d to comer a special benefiI to real prop~
because eve~o~ ~ ~e j~dic~on is ~otenfially bmeH~ed by the sea/ce ~d ~em is no speci~
~v~t~e ~g to &e re~ property. See Cotli~ Co,mm 733 So 2d at lOl8 (fnv~fin? a s
~sesmem fo':~d '~ub~e health" s~ices,' '1002 et~.); ~Snan~ v. StrinWeltow 50 So ~d 8~ 886
Wla. 1971)(~i~t~g sp~i~ ~ses~ent to ~d a co~W hefl~ ~it); Crowde; v_ ~
440. 1 So.2fl 629. 631 (1941)(~v~idatfng ~eci~ ~sessme~ for ~e co~mction ~d oo~ation ora
~ hospital). - -
Recently, ~s ~ ad~e~sed whe~ m assessm~t by ~e CfW ofPmbroke ?~es for inte~ated
rescue ~d ~[gency medic~ s~ie~s provided a special b~efit to ~e re~ pmpe~ b~ened ~emby.
See Ciw oF?a~hr~ke Pin~$ v. ~Conaghev. 728 ,go-2d 347 (Fla. 4th DCA 1999~. ~ ~t case, ~e
p~some~wh, pro~ded fire fi~ting se~ices were flso eider p~me~cs or em~g~W m~c~l
t~ici~s. ~ ad~fion to ~e mescal stabil~afion of the ~jured ~ ~e sc~ne, Pembroke Pines
f~efi~t~ prodded em~gency meflicfl ~pogafiom Emergen~ medicfl ~asponation requkes
specially ce~i~edp~so~el ~ fl:e m~ten~ce ~d use of specify desired ~d eq~pped ~m~gency
medical s~ic~ ve~cles.~ ~. ' '-
~ special
PN3_ Acco~g to Fto~da Statutes cMpter 401, p~ EI, ~e pro~de~ of mergency
medical mpomtion ~ices, inclu~g "em~g~cy medi~ tec~ci~s," "pmedics."
~d ¢m~gmcy veMcle ~v~, m~t be licensed ~d ce~ified by ~e state pt~t to the
; of 8
ll/29/01 11:44
,ouoo.~a~a haP:/~wb2.w~t~w, com~ex..5432911&Service~F~d&TaB=Cit:+L~
R ymond H. Alexander,, M.D., Emergency Medical Transportation Service~ Act.
decreased.
Looking to ,r.~ake County v. ~Ster OokManagement Co~.. 69~ So.2~ 667 ~a. 1997), ~is co~ revised
· e ~ co~ ~d approved ~e inte~ted fi~ ~cue ~si~ment, s~Q~ ' '
N ~ ~c s~reme ?~eed wRh almost idend,alf~=, mnsidemd the v~eW of sen,ices
comblidated ~m fire protecUoa s~ices ~d viewed ~ pmt~on so, ices as a sin~c ~fi~. ~efiad
no legal autho~ for analyzing each Ra~icul~ item f~ed ~i&in th~ fire protection x emi~ burger
separately ro def~mine ~eac~ indi~ual item sumiv~ Ce xpecial ben~fit t~e. In this e~e, ~e
cou~ ~ by ~ss~g ~e se~ces ~ded by the spca! ~s~ent ~ then NvalidatNg thc
spec~ ~ses~ent b~cd on a ~ng ~t one p~c~ elem~t of~e ~ pint,ion se~es ~1~ to
satis~ &e ~e~al ben,fit test ofL&e Co~,
~is co~ held ~ ~e ~ corn's" iec~"
review in Lake Co~-n~. ~ P
t ~ses{m~[ for fire proze~ion ~d solid
s~uces mctud~ fire suppression ac~i~fies,
~e¢ id at 6~9. The FtoHda
~o~d w~te aisposM ~peci~
~ Fi~ Dis~ct's concision ~a~
benefit m the l~i~ prop~e,.
lo Wope~ by, the. s~ices:for whch' ~e ~ses~ment
is uffique ben*fit or ~e ~ff~ent ~ ~e or
~hole; ra~, ~e test is whether ~ is a
· e benent to m~ ~3'-
. The co~ noted tkat
· : co~uni~ ~ a *'hole, ~e ~eatss~
prope~ is e~ced.
J~N4. Tt~e Lake County Fire Depa~unent ~o respond~ to automobile and other accident
scenes, wh/ch, ~t'.first gl~ce~ would not se~.m to provide a ~peciai benefit to property.
However, art i~mobile Cra~, or other a¢cidemt,.such as an explosion or cheCnical spill,
could, easily cans~ collateral des:ruCtion and damage to nearby property.
of $
We believe thor this court in Pembrok, Pines unjusti~ably roi/ed upon Lake Co~m_v to conclude tho:
cotras may never analyze each particular component funded withLu a fire protection set,Sees budget to
determine if each indix4dual item survives the special benefits test. The supreme court ix Lake C~u,r;
had no occasion to address whether a trial court could dissect the cornponent~ cfa spec/al assessment for
fire services and analyze them separately because each o£the items included in Lake County $ fire
protection program-fi~ suppression acfi~itle%first rew~onse mods'col aid. educational programs, and
building inspections-were related to extablished fire rescue functions. The fire protection services
funded by the City e£?embroke Pines included emergency medical services which differ from first
response medical aid. There is no indication from the Su=reme Court's or the Fifth District's opinions
that the first response medical aid pro=mm'a discus, ed in ~ake County involved anything more than a
firefight~s routine, initial medical a~istance duties under section 40] .435. F orida Statutes (1997).
Pursuant to Florida law. "first response mod/cai aid" is considered one of the routix~ duties of a
firefigkter, and tirefightar~ are requ/red to take 40 hours of training offir~ response medical aid. See ~
~s0rt, .4.3.5(¢. 633..3,5(?). Fla.,Stat. (199~757.Ia. A ~d~n. Code R. 4A-57.055(21). ~:irst response me:tical aid
_ r3urmczy provlaen t~.y poncemen, nrengl~ters, kfegua:rds etc., as necessary "on-scene patiemt .:are
aerore emergency medicai teclmicians or paramedics arrive." ~ z.01.435(1). Fla. Stat. The duties of tko
medical response teams in Lake Ca=nz~ seem to ~it precisely within the paramet~s o£routme "Erst
response medical a~d because the teams there hod the duty to "stabilize patients ~nd provide them with
initial medical czxe. ' ~ see also Wate~ Oa/c.~Vfana~oement Cory. z La/c~ Coumv 67?
,go. 2d I35 (Fie. 5th DCA 19961. Thoro was no mention of the provision of com.rrehensivc emergency
tl/29101 1 t:44 AM
~://~b2-~aw. ca~re~...54~ 2911 ~cc~d~Tab~-L~
medi~ ~spo~fion seduces ~ p~ of ~c ~t~a~d ~ p~tec~on se~ce ~s~ss~ ~ Lake ~oun~
Con~ to the CiW s posi6on. ~is co~ h ~tnes did net . '
m~ical s~ices co~ed a ~¢ci~ ~d,~, · ..... ~'~': L""~ ~ detc~me that em~ en
m~its ofwhe-~-d ..... -r_ -~**-~,,~ p~vp¢~. ~ ~brok¢ ~ina~ ~ .... ~ ~ ..... g cy
not appropn~e to rcvmw ~e budget -ie ..... , .-= :_Z_,~ ~- Y cause ~e co~ fo~d ~ar it w~
L C~ md~es ~t a co~ c,~ ~v ........ ,, ~ _ ~e ~pmme co~ s holdm~
· ..... ~ uumponmr s~lv~ ~e required sp~ial b~efits test.
~ ~e em~g~ me~c~ s~ces pro~ded bv ~e Ci~ ~ ~s c~e ~o ous to ~e
co~ty ~ ~t ~cussed in ~am v ~rfnCF~IMw <n~ ~n _2 ~ . .
~P~b~fitto¢~ ~ . =. :~ 29 m~e~s~ces~o~deno
w · . . ~ropnately eme ~m~ ~e ' ·
~bich ~e C~ pronde, to ~1 mtv r:s~d~s ~*~:;., ...... ~ ~ 7 ._ gm~ PO5ce power
~- ~,- =~r~ o~enr, ~ ~e supr~e co~ noted ~ Lalc~
[S]~6ces s~h ~ gener~ law e~orcemenr o.,;,~..~ ....
c~e ~e, l~e fire ~rote~ion S~cax ~ .... : ..... ~,,;. ] ~ . , ~004 ~d mm ~t
protectmn s~c~, ~ose s~ces-rov~- ~- ~,~ . ,. o~ea ~ocxety. However, ~l~e ff~e
...... . : . .~ ~u~ au mr~ ~ec~m O~ent to rea/prope~y Th~, suck s~vices
ca~o~ ~e me su~je~ oi a speclm ~ses~t ....
~moa~on'._;l~j ~_}7~ . ~c~amc vm~e orrc~ pmpe~. On ~e who/e, em~en ,
_ _. ,~---- -~- ~.~g~cy ~ealcai se~ces confe=ed a c ·
pmpemy w~ ~m~, ~d we fred ~at ~e ~<<~ .............. -pecml ben.fit on
su--o~m~ ofth & · . -'-7---~m~t n~memmclaozat~beca~eitis ro
yp y e oeneral sovere~ n f~c ;on ..... . p posed to
Co~w, 733 So.2d ~ ] 018 g ~ s contmplated watNn tee def~on or a t~x." .Coil~er
L~tly, we reje~ ~e City's'c~tmf~ ~at s~6o~ ~ ~0 20' .......
~sesme~ in tNs c~e be ~i~ted ~u~_;~ ,~2t. ~ ~ :.., '~ [~~ ti 99D, requires ~at ~e
M~gg ~1 ~c.~. ' I~rov~" and is desired to, o}~ ~=uidm}~'~ ~o m~c~paim~sS~: M~;n me
~5~5~{me~.~umn* m ~' md collm assessments 'a~a~st ~ro~ ~ ...... :
~ provla~ inp~ ~t "[/In addition to o~er la~fu~auth~*~[2'(, o7f~)te};
~SmenB, ~e ~ovc~z bo~,, ~ ..... :_,__,. _ , ------; .~ ,~ ~c co,lect speci~
medlcaI se~ices ~b~e di~i~l q~-.- '~ g ' ired to, m prote~o~ emr~en~
r~ ~e prommo~ of chanter 1Tn ~< ~ ,,,h~z ...... · p o :~ent, ~d p~g facflmes "We
. ~ .~ ~- ~ ......,~ ~ applying only to s~lc~ w~ch - ~,
pro~e~: m~:not be ~op~ly ~vtied to ~lvao~ *~- - ~enefit the
s~ces ~ ~s ' ~ --- . - _. ...... ~w um assessment tar ~er e
~e became w~out a . ' g ney med.c~
, ~ ~ . , sh0w~ of~ec~al benefit to ro the ~ ~ .
[6]_ ~ Because we conclude ~ t~e EMS s~ices ~d not provide a spec/~ benefit to &e p?peay,
~ ~pomoment me~dology utilized by ~e Cky to c~c~a*e ~ ~sessmem for such se~ ,
oe ~mprop~. ~ m ~e ~ses~t for ~e ----:-:-. -- ' . '... ~ces ~ ould
r . ~ ~lo ~DlCe$ ~lUaca ~ t~c ~le ate
~ og~, ~e ~nd ~at &~ me~o~I0~ ~ ~ ne~*h. ............. ~ g d fire ~scue
~ccormn~iy we remind tnt *h~ ~t ~ ~ ~ L ....... ~a~o~Dle nor
..... J g consistent w[~ t~s opimom Addtffo~lly, we
ce~fy the following t0 ~eFlofida Supreme Co~ ~ ~u~ons of · ·
Do emergency medial se~ice ~ .r~,,~o . ~ , . - ~ear pubhc ~mpon~ce:
Ca- .~ .............. ~77'-' ~ ....... sflecza~ o~eyzt to proper~
emer~en~ medicaJ xe~ic~ for a;-~x~;. ~..~ ~,... .2~ ..... ~ ,~' e~t2ment ~ perxonne[ to rovide
~, G/~ER, ~, FARMER, ~, GROg3, TA~ and .
' - ~OURI II, concur.
of 8
11/29/01 i 1:44 A:,f
NOU 29 21381 12:25 561~73a52 ~ ,--
~u=. ZS
, yv ~v.ztt :,~o ht~://web2.wcstlave, congmsulr./ter~..5432911 &S eawiee=Find&Tab--Cite,-L ~
KL,5_.~[, J., concurs specially with opinion.
WA RArF. R, CJ., dissents with op/nion.
STON~, J., dissents with opinion.
F~L.,~_, L, concurring spec/ally.
I agree with the major/t).' opinion and am ~rking only to respond to Judge Warners dissent. That dissent
is based on the fact that, in Lake Coun~ the fire department did respomt to "automobile and other
accadent scenes. Lake County v. Water Oak. Made,er, tent Corw. 695 S~.2d 667. 669 (Fta. t~)973. Judge
Warner apparently believes that the,existence of th6se Pacts inZak¢ C0~t~ makes thi~ caie
indistinguishable fi:om Lake Count~.
~1005 After reading the opinion o£the FiSh Dis~ct Court of Appeal in Lak~ COunty ~ ~d the
majority md d/sse~ting opinions of the Flor/da supreme Court in Lake Cottony, t bdheve th~.~.hos¢ -
co.,~u~t.~s Oem primarily ~o~emed with a broader isSUe' than the one we have tdresolve in this case. Tkat
issue was w~ethar fire protection services, in general, provide a special benefit to property. .
FN$, F,/'a~er OakM~zagement v. Lake Cou, tv. 673 So.2d 135 (.FI.g. 5th DCA 1996'
In ~ the county had previously been paying for fire control fi:om general revenue before
changing to paying for it by spec/al azsessraen'.. Although the fi~th district questioned in !botnote eight
}v?ether first resporme medical care benefitted property, that fact did not appear to drive its decismn.
Similarly, the suprc~ne court's opinion ir~Zake C,~unn~ mentions that the fire depm :men: responds to
accidents, as Judge Waraer emphasizes, but that was not the focus in that opinion either. Tl~e issue I
derive fi:om the majority and the dissent in Lake Coumv was whether fire protection sen4:es in gener-~J
provide a special benefit to property, so as to allow fir~ protection seaw'ice~ to be paid for by a special
RqsessmenlL
Although I think Lake Count~ is ~mi.n,~,~ul~hable, Judge Wamer's point is well-re.ken, and only the
~}pr.~me co_urt can det~ne wh~ther we have misinterpreted [.ak~ Co~,~v. The number of amicus briefs
Fled m Lake Count,. wh/ch reached the co=r~ on a question of greax puotic importance, is indicative that
the issue we are de6idmg could affect many governmental entities and ~ould be decided 'ay our
supreme court.
In the present case, one of the fazt~ relied on by the property owners, in arguing that they should not
have m pay for all the services pray/deal by the fi.re rescue program, was that in 1994, of the 1,901
responses made by the program, only thirw-seven percent were for fires. The remaXrting mxw-three
percent were for emergency medical services, It.~ one fixing to say, as the supreme ccurt~ Cid in f, ak¢ ~
~7.m¢¢~ that there i~ a logical relationship between fire protection services in general and ~e benefit ,o
owners ordeal property. 695 So.2d at 6~9. When a/most t~¥o-th/rd~ of the res~ouses, however, are not
for fires, ldo not see how the special assessment in this case does have the lo, cai relationship required
by Lake Co. untV.
,f g
WARNER, C.J., disseming.
I, too, would affirm on the authority of Lake Coumy v. Water Oak Management Co~... 695 Sm2d 667
(Fla. 1997'1. ha Lake Counev the supreme court found a "to,cai relationskip" ber~'ean the services
provided and the property assessec, where the "services provided" included:
a number of services under the umbrella og"fire protection services" such as fire suppression ac~Svities,
first-response medical aid, educational programs and inspections. Tke medical response reams stabilize
patients and provide them with initial medical care. Thefire department resoon~ re automobile and
other accident scenes and is involved in civil defe~tse. Fire services ~ pro~ided to all individuals and
property involved in such/nzidents. .
R/. at 6_68-69 (e.mphas~s added). Lfaspecml.assessment for ' fire protectmn' services" whmh mctudes the
cost of responding to automobile accident¢ ts "logically related" to ,,ro,-e~',, rhea I cannot see v,'h,, t
servmes included m the City of North Lauderdal¢'s asse.~mmxt cannot also be included.
NOV 2~ 20~1 12:85 561S~73852 =AGE.
~%~ u~.~= ~ hrt'p://web 2.wcsrlaw. congrc~ult/tex. :~32911 ~:Se:~qce=Fiad&Tab--Chc~Lis~
I agree fret the issue ~s one of~ear public importance because cities a~d couuties all over the sm~e have
an interest in what can be/ncluded in a ~ccial assessment In '":'-, -"~'- ~- ' '~
/~ ~o.2d ~.47,. 351 (Fla. ,~th DC~.), rM. denied. 7,~1 So.2d 1 ] 36 (F~m~999), ~knn which the majority
recedes reda% w ' " '
e sa~d, [w]e find no legal authonty, for a~aly-~ng each particular item funded within the
fire protection Sen4ces budge~ separately to determine if each/nd~viduE item survives the spec/al
benefit ~est." for ~ce, can the fire *1~ d-~artrnent include basic life support but not advanced life
support, or mUSt i~ exclude all costs and expenses of both? If the fire departm~t is involved/n
responding to auto ~cide~ts and is involved in civil defense~ as/n the Za~ ¢c~unr~ ease, mus~ ~hose
~y.. ,o nrc ehi~cl..es are n,ee~e~to respo.n? to fi. res, but the dep;uu-nent has purchased an additional
vemcm oecaus¢ o~m¢ number o~auto acc~c;enls ~t mUSt respond to, c~a~ the third fire vehicle's cost be
included in the special assessment?
i! think the quest/on to be certified is as follows: .
~ TICULA~ YTEM WITH 'iX~ BUDGET SUKVIV~ THE SPECIAL BE),flEFIT TEST?
~ J., d/s$¢ntin~.
! would affirm on the authority o£,r,~¢ Co¢an~, althou~,~h ! do ~¢e with the majority that
Pt~¢~ ~s too broadly worded.
FIa. App. ~
END OF DOCUMENT
Cow. (C) West 2001 No Claim to Odg. U.S. Go~,~. Works
2£$
11/29/01 1 h44 A:,.f
NOV 29 2881 12:85 5~15~?.~8~2 ;AGE. !0
TO: The Mayor and City Commissioners
FROM: Alice Otis.
RE: Public Trust
DATE: December l, 2001
The agenda for the December~Commission meeting highlights a public hearing about the
method of payment of the fire assessment, i'm sure you all recall the September 4
meeting when all but a handful (you and I could have picked them out before the meeting
began) of the 800 citizens in attendance made it clear that they strongly oppose an
assessment. Now you want to know how we want to pay an assessment we don't want to
pay, an assessment for services that should be covered by taxes.
You don't listen. It s a done dea. "They'll do what they want no matter what we say."
I've heard those words many times. You have confirmed them. Who can trust you7
The bonus for you is that most of those people are not likely to attend future meetings.
There are other reasons not to trust our city government.
Re fire assessment:
Some of you asked the city manager to provide alternatives. They do exist.
He gave you nothing ,but a series of rate revisions. He wants an assessment,
You can and Should reject his wishes and accept those of the people who
elected you. The public was given slogans instead of pertinent statistics.
statistics given the public served to influence and intimidate rather than inform.
EMS was stressed althougl~ it cannot be assessed legally.
The high school:
The city manager says the high school is "functionally obsolete." It is, as a high
school, but no one has suggested using it as a high school.
One department head earnestly reported that fleas carry plague. That's true
too, but we're a long way from the occasional infecteC prairie dog in New Mexico.
Again and again, mislead, influence, and intimidate.
In spite of deliberate neglect, the school has a better functional record than the
city hall, where areas had:to be evacuated and employees relocated at
considerable expense, or the expanded library with its constant leaks, humidity
problems, inane drive-up window taking up otherwise usable space, and recent
health hazard and offensive smells.
There has been other slanted, misleading publicity recently. The pretense of inviting public
opinion mocks the public.
The last commission meeting did provoke responses to the public. But the public should
not have to become researchers and interrogators. You and the public should be able to
depend on the city administration for accurate, complete, and unbiased information.
Image iS popping up again. The city is people--real people, not virtual people, statistical
averages, constucts, or objects. It is not a lump of Play-Doh to be manipulated to form an
image that will please the non-resident meddlers, well-meaning or otherwise, the self-
promoting opportunists, and visionaries who just can't keep their hands off it.
Put "image" money into the high school (a true image of Boynton B, ach) or t : [iVED
station.
IDEC ~, 200t
CllY MANAGER'S
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Calvary Chapel of Boynton Beach
APPLICANT'S AGENT: James Barretta
APPLICANT'S ADDRESS: 5484 Woodland Drive, Delray Beach, FL 33484
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 4, 2001
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: 3190 Hypoluxo Road
DRAWING(S): SEE EXHIBIT "B" A'i-r'ACHED HERETO.
X THIS MA'II'ER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MA'i-I'ER 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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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 "C" with notation "Included".
The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
City Clerk
3.Order Form-2001 ~Revised.doc
EXHIBIT "C"
Conditions of Approval
Project name: Calvary Chapel
File number: NWSP 01-010
Reference: 2nd review plans identified as NWSP 01-010 with a Planning & Zoning date stamp marking of
October 23. 2001.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. Modify the proposed lake and typical sections to show an 8:1 slope with the X
lake maintenance easement and a 4:1 slope from the easement to 2 (two) ft.
below the ~vater control elevation (LDR, Chapter 6, Article iV, Section
5.B.2.d).
2. Pro~Ade an irrigation plan in conformance w/th the LDR, Chapter 7.5, Art/cie X
II, Section 5.
3. Proof of other agency permits shall be required prior to the issuance of the X
paving and drainage permit.
BUll,DING DMSION
Comment s:
Conditions of Approval
2
DEPARTMENTS INCLUDE REYECT
4. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
5. At time of permit review, submit a copy of the recorded resolution that X
verifies the abandonment of the FPL easement located in the middle of the
subject property.
6. Add to the submittal a partial elevation view draw/ng of the proposed X
perimeter fence. Identify the type of the fence material and the type of
material that supports the fence, including the typical distance bet~veen
supports. Also, provide a typical section view drawing of the fence that
includes the depth that the fcmce supports are below finish grade and the
height that the fence is above finish grade. The location and height of the
fence shah comply with the fence regulations specified in the Zoning Code.
7. At the time ofpermit review, submit for review an addressing plan for the X
project.
PARKS AND RECREATION
~ Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
8. Trees with roots known to cause damage to public roadways or other public X
~vorks, such as Strangler Figs shall not be planted (Chapter 7.5, Article II,
Section 5.C.2.). The proposed Strangler Fig in the daycare area shall either
be omitted or replaced with a permitted species.
PLANNING AND ZONING
Comments:
9. The project is being reviewed as a Master Plan and Phase I site plan only. X
Separate site plan approval will be required for all subsequent phases as
described herein.
10. In order to construct a bridge across the canal onto Hypoluxo Road, this X
project must obtain authorization from all applicable permitting agencies prior
to the issuance of any building permits. In addition, provide documentation,
such as an access easement, that the site has legal ingress/egress from
Hypoluxo Road.
i 1. The landscape plan shall include the following notes, "FDOT Type D or F X
curb shall be provided along the perimeter of all landscape islands".
DEPARTMENTS INCLUDE REJECT
12. Indicate the distance the monument sign will be from the propca~y line. The X
monument sign must be at least 10 feet from the property line.
13. The directional signs #2 and #3 shall be installed during phase 2 and X
subsequent phases oftheMaster Plan.
14. In the tabular data on the Master Plan, eliminate entry 5.g. (otha' pervious X
area- 0 acres).
15. On the Master Plan, correct the total number of required parking spaces in the X
tabular format for the youth meeting room so that the tabular number matches
the nnmher of required parking spaces shown on the plan.
16. On the Master Plan tabular data, the setback information must match the X
graphic representation.
17. Sculptures, fountains, gardens, pools, and benches shall be cmcouraged within X
the site design (Chapter 9, Section 10. H.).
18. All above ground mechanical equipment such as exterior utility boxes, X
meters, and transformers shall be visually screened (Chapter 9, Section
10.C.4.).
19. The proposed monument sign shall clearly indicate the site address. X
20. Palm Beach County Traffic Division recommends exclusive left and right- X
mm lanes are to be provided (in eases where there are no existing turn lanes)
at the project access driveway.
21. Palm Beach County Traffic D/vision recommends safety measures be X
implemented to accommodate project traffic exiting the project access
driveway.
ADDITIONAL PLANNING AND DEVELOPMENT BOAi>,I) CONDITIONS
Commcmts:
22. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
23. To be detrain-fined.
\\ClqkM_4.1~SHRDATAkP Imming\SHARED\W?kPRO JECTS\Calyary Chapel Boynton B eachkNWSP\Cot~dition of Approval 2 page revised 2001 form.doc
CHURCH & DAYCARE
DROP-OFF
~AL SIGN #1
2 FD~L SICN--¢~2 --
'~ SCHOOL DROP-OFF
zl/ ~ CLF
IDIR~ON A SIGN
m ~
ELEVATIONS
A-5.~
PROPOSED LANDSCAPE DEVELOPMENT PLAN
CALVARY CHAPEl OF HOYNTON HEACH
BOYNTON BEACH, FLORIDA
SHEET 2 OF .'l/
X
LU
I T HJ.~DN
PAVING AND DRAINAGE
GENERAL N_OTES:
NOTES:
,II 1.1~, M
flltll
'i-
X
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Bible Church of God
APPLICANT'S AGENT: Shirley Waters
APPLICANT'S ADDRESS: 1390 North Seacrest Blvd.
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 4, 2001
TYPE OF RELIEF SOUGHT: Conditional Use
LOCATION OF PROPERTY: 1390 North Seacrest Blvd.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO·
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the. date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X 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:
Application f6r the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Ap ~pli,,cant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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 "C" with notation "Included".
The Applicant's application for relief is hereby
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 th~s order.
7. uther
DATED: 1~-- ~-Of
J ~SHRDATA~P ann~ng~SHARED~WP~FORMS~Bla~forms folder~Deve op Order For~;200~.=, Revised .doc
EXHIBIT "C"
Cond/tions of Approval
Projecr name: Bible Church of God
File number: COUS 98-006
Reference: 2~a Review plans (revised) identified as Conditional Use. File# COUS 98-006 with a November 9,
2001 Planning & Zonkng date stamp marking.
DEPARTMENTS
12~CLUDE REJECT
PUBLIC WORKS-General
Comments: None
PUBLIC WORKS-Traffic
Comments: None
UTILITIES
Comments: None
F1RE
X
X
X
The site plan and master plan design documents shall adhere to Chapter 9 of
the Code of Ordinances of the City of Boynton Beach entitled "Fire
Protection and Prevention." This ordinance adopts NFPA [, Fire Preventiox
Code 19976 edition, and NFPA 101, Life Sat'et,; Code, 1997 edition.
Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an
Administrative Order dated May 9, 2001, that provides the minimum
performance for all security gates and emergency access. Another
Administrative Order dated May 15, 2001 addressed Knox Box storage of
information for responding emergency personnel.
3. Design documents must demonstrate compliance with the requirements for
fire lanes that are provided in Section 9-21 of the City Ordinances. Signing
and are described in LDR Chapter 23 Section B2.
POLICE
Comments: None
ENGlk'qEERING DMSION
4. Provide a s~gned and sealed survey, not older that 6 (six) months, in
X
X
X
X
X
Cor. di~ons of Approval
DEPARTMENTS INCLUDE REJECT
accordance with the requirements of the LDR, Chapter 4, Section 7.A and
Chapter 23, Article I, Sect/on 5.B.2.
BUILDING DIVISION
Comments:
5. At the time of permit review, submit signed and sealed work~g thawings of X
the proposed construction.
PARKS AND RECREATION
Comment~' None X
F OP~S TER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
6. No signage is being reviewed or approved with this application. X
7. The height of the proposed chain link f~ace in the front (west), carmot X
exceed four feet in height from the building line to the front line. (Chapter
2, Section 4.J. 1.).
8. The access lane for this site must be kept clear of all vehicles. No parking X/
of any vehicles is permitted on the access drive, only in the designated
parking lot areas.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
i. NONE X
ADDITIONAL CITY COM2~SSION CONDITIONS
Comments:
1. To be determined. ]xf t~/[1~-
S:\Planning\SHARED~WP~PROJECTS\Bible Church of God\COUS Daycare 2001\Condition of Approval 2 page revised 2001 form.doc
BIBLE CHURCH OF GOD
? ~ ~. ~ ', Fr~/c ~, . ·
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