CORRESPONDENCE
LAW OFFICES OF
ROBERT A. EISEN, P.A.
6699 NORTH FEDERAL HIGHWAY
SU ITE 100 - BERKELEY SQUARE
BOCA RATON. FLORIDA 33487
ROBERT A. EISEN
CHERYL R. EISEN
BETH E. LINZNER
BOCA RATON (305) 994-2090
WEST PALM BEACH (305) 738 - 0388
BROWARO(305)760-9088
MAILING ADDRESS
POST OFFICE BOX 4350
BOCA RATON, FLORIDA 33429
June 27, 1988
. .
Mr. G. Haney Frakes
Assistant County Engineer
160 Australian Avenue
West Palm Beach, FL 33402
Dear Mr. Frakes:
I have been retained by Mr. Norman Michael of
regarding collection by the County of road impact
Golfview Harbour ~el~p~t ~~~y~to~ Beach.
Pursuant to theP'~~Mr. Michael's
recently turned down by you. You ruled that:
Milnor Corp.
fees for the
appeal was
1) he must pay the delinquent fees that are involved in the
lawsuit;
2) pay the fees for the balance of the units in the
development; and
3) all previously assessed fees were properly collected.
At this time, Milnor Corp. is prepared to appeal your
determination to the County Commission. I feel the decision was
incorrect because of the attached letter from Charles Walker,
County Traffic Engineer, dated August 8, 1983, which states that
Milnor Corp. was to have its impact fees waived for this
development in consideration of paying for the County's
construction of two lefthand turn lanes into its development.
Also the letter states that the fees already collected were to be
used as a credit against the cost of the county's construction of
the turn lanes and no further fees were to be collected.
Unfortunately, the city of Boynton Beach continued to collect the
fees from Milnor Corp. To this date $28,536.00 in fees have been
paid. The actual cost to construct these turn lanes is less than
this amount.
I have scheduled an appointment to discuss this matter with you
on Wednesday, June 29, 1988, at 10: 00 a. m. Hopefully we can
reach an amicable settlement of the matter in lieu of appealing
to the County commission or having to pursue other legal
channels.
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Me. G. Haney Frakes
June 27, 1988
page 2
Thank you for your attention to this matter.
Sincerely,
A~-6~
Saul Smolar, Esq.
SS/lar
enc.
cc: Norman Michael, Milnor Corp.
Richard W. Carlson , Asst. County Attorney
LAW OFFICES
ROBERT A. EISEN
Board 9f County Commissionen
Carol A. Roberts, Chair
Carol J. Elmquist, \'i<:e Chairmall
Karen T. Marcus
Dorothy Wilken
Jim Watt
County Administrator
]an Winters
Departmcnt of Engineering
and Public Works
H. F. Kahlcrt
Cou.nty Enginecr
June 9, 1988
Certified Mail - Return Receipt Requested
Mr. Norman Michael
I Milnor Corporation
1467 S.W. 25th Place
Boynton Beach, Florida 33435
SUBJECT: PALM BEACH COUNTY - VS - MILNOR CORPORATION
CASE NO. 87-2887
Dear Mr. Michael:
This is to confirm the results of the hearing which was held on May 31, 1988,
concerning the payment of impact fees associated with Golfview Harbour Estates
and the subject law suit.
At that hearing, you indicated that it was your position that no impact fees
were due for this project due to your planned funding for construction of left
turn 1 anes on Congress Avenue at s. W. 25th Pl ace and S. W. 27th Avenue. You
also stated that it was your belief that you were owed a refund of the impact
fees for this project which had already been paid. Based on the evidence
presented, and discussions with City of Boynton Beach officials, the following
conclusions were made by the hearing panel.
- The left turn lanes on Congress Avenue had not been constructed, and
therefore, no credit for that construction was due this project.
- The left turn lane on Congress Avenue at S.W. 25th Place is site related and
is to be constructed at the developer's expense as a part of the Congress
Avenue widening project.
- The delinquent impact fees referenced in the law suit are to be paid.
- Impact fees are to be paid for the balance units in the project at the time
of the issuance of building permits.
- The County will construct the left turn lane on Congress Avenue at S.W. 27th
Avenue as a part of its project to widen Congress Avenue.
- The impact fees for this project had been properly assessed.
Pursuant to provisions of the Fair Share Ordinance, you are entitled to appeal
the Panel's decision before the Board of County Commissioners. A written
request for such an appeal hearing must be made within 30 (thirty) days of
"An Equal Opportunity - Affirmative Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (407) 684-4000
t
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Norman Michael
June 9, 1988
Page Two
your receipt of this letter. Any such request should be directed to Mr.
Carlson at the County Attorney's Office and must include a copy of this
letter. A copy of your request should also be sent to this office.
Please feel free to contact this office if you have any questions.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~~~
G. Haney Frakes,/h., P.E.
Assistant County ngineer
GHF:CRW:ASH:kf
cc: Richard Carlson, Asst.County Attorney, County Attorneys Office
Lisa Heasley, Legal Assistant, County Attorneys Office
Finance Department
Carmen Annunziato - Planning Dept., City of Boynton Beach
File: General - Impact Fees
PBC vs. Milnor Corp.
;.
Board of County Com~pissi, ~ .:.
Carol A. Roberts, Chair
" Carol J. Elmquist, Vice Chairman
Karen T. Marcus
Dorothy Wilken
Kenneth M. Adams
County Administral
Jan Winters
".'
April 28, 1988
Department of Enginccl
and Public Works
H. F. Kahlert
. County Engineer
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Mr. Norman Michael
Milnor Corporation
1467 S.W. 25th Place
Boynton Beach, FL 33435
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SUBJECT: HEARING ON COLLECTION OF IMPACT FEE FUNDS UNDER THE FAIR SHARE
IMPACT FEE ORDINANCE (GOLFVIEW HARBOUR ESTATES - CASE NO. 87-2887)
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Dear Mr. Michael:
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This is in response to your request for a hearing before the County Engineer
regarding your Fair Share Impact Fee. This hearing will give you an
opportunity to present your case that the Fair Share Impact Fee which was
imposed against your property has been done so improperly, or that you are due
a credit against this fee for construction work which has been done in lieu of
payment of this fee.
You are scheduled to attend a hearing on Tuesday, May 31, 1988, at 3:00 in the
5th floor conference room at Engineering and Public Works Complex, 160
Australian Avenue, Hilton Airport Center, West Palm Beach, Florida. It is
requested that you bring documentation to support your case.
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For your information, we are enclosing the section of the Ordinance dealing
with the hearing and appeals process.
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Sincerely,
. ~
OFFICE OF THE COUNTY ENGINEER
:!!!!~i- P.E.
ASSil)frit County Engineer
GHF:CRw:~te
attachment: Fair Share Ordinance pages 17 & 18
cc: Richard Carlson, Asst. County Attorney, County Attorney's Office
Lisa Heasley, County Attorney's Office
John Lower, Acting Director, Planning, Zoning & Building
Carmen Annunziato, Director of Planning, City of Boynton Beach
Zharles R. Walker, Jr., P.E., Director, Traffic Division
vAndrew S. Hertel, Fair Share Coordinator, Traffic Division
'"'f
file: General - Impact Fee
"An Equal Opportunity - Affirmative Action Employer
BOX 2429 WEST PALM BEACH, FLORIDA 33402~1989 (305) 684-4000
Board oLCounty CommissionclL _
~ Carol A. Roberts, Chair
Carol J. EIIl1<luist, Vice. Chairlll.lll
Karen T. Marcus
Dorothy Wilken
Jim-Watt.
Count)' Administrator
Jan \Vinters
Departlllent of Engineering
and Public \V orks
1-1. I:. Kahlert
Cpunt)' Engineer
FAIR SHARE FEE ORDINANCE APPEAL HEARING (IMPACT FEES)
TUESDAY, MAY 31, 1988
PALM BEACH COUNTY vs. MILNOR CORPORATION
(Case No. 87-2887)
ATTENDEES:
PALM BEACH COUNTY:
G. Haney Frakes, Jr., P.E., Assistant County Engineer
Richard W. Carlson, Jr., Assistant County Attorney
Lisa Healey, Legal Assistant - County Attorney's Office
Charles R. Walker, Jr., P.E., Director - Traffic Division
Andrew S. Hertel, Engineering Asst. III Traffic Division
Kathleen M. Wegner, Recording Secretary - Traffic Division
MILNOR CORPORATION:
Norman Michael
The above-named hearing began at approximately 3:00 PM and concluded at
approximately 3:47 PM.
The attached letter dated June 3, 1988, to the Defendant summarizes the appeal
hearing. A tape recording of the hearing is on file if needed.
"An Equal Opportunity .3 Affirmative Action Employer"
BOX 2429 WEST P ALl\1 BEACH, FLORIDA 33402-1989 (407) 684-4000
August 8, 1983
~
County .-\dministratOl
John C. Sansbury
" Bo:irJ.of County Commissioners
Pe~"Y B. E~'3tt. Ch:Jirman
Ken Spillias. Vice Chairman
Dennis P. Koehler
Dorothy Wilken
Bill Bailev
Department of Engineering
and Public Works
H. F. Kahlert
C.ounty Engineer
Mr. Edgar Howell, Building Official
City of Boynton Beach
120 N. E. 2nd Avenue
Boynton Beach, FL 33435
Subject:
Clarification of Requirement for Left Turn Lanes On Congress
Avenue to Serve Golfview Harbor, City of Boynton
Dear Mr. Howell:
Reference is made to my letter of August 1, 1983 to Thomas Clark addressing a pro-
posed arrangement for the construction of required turn lanes and a suggested method
of payment for said construction by the developer of Golfview Uarbor.
In 1980 it was agreed that this development would construct Congress Avenue as a
three lane section between S. W. 25th Place and S. W. 27th Avenue. In consideration
of this construction, impact fees were to be waived.
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In July of this year it was agreed that the County, which has plans to four lane
Congress in the area of the project would construct the turn lanes required to serve
its entrance roads, with the developer paying for said construction.
It is my understanding that $5,600.00 in impacts have been collected from this
development to date.
In view of this agreement, no further impact fees should be collected from Golfview
Harbor.
In consideration of fees already collected, the County will credit $5,600.00 toward
the cost to the developer for the construction of required turn lanes.
I hope this letter serves to clear up any confusion concerning this matter.
If you have any questions or require additional information, please do no hesitate to
contact this office.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Charles R. Walker, Jr., P. E.
Director, Traffic Division
CRW:ASH:cm
c.~ Mr. ,Thomas Clark, P. E.
'~i1M' Mr. Carmen Annunziato
BOX 2429 WEST PALM BEACH, FLORIOA 33402
(305) 684.4000
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DaLALlNG CO~
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:':~n SriiliJ:', Vic~ ChJirman
D"l1l1is P. :'lIdller
D'HOihy Wilkell
;.Jill :~aiie\l
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August 1, 1983
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Mr. Thomas A. Clark, P. E.
City Engineer
City of Boynton Beach
P. O. Box 310
120 Northeast 2nd Avenue
Boynton Beach, FL 33435
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Subject:
LEFT TURN LANES ON CONGRESS AVENUE TO SERVE GOLFVIEW HARBOR
CITY OF BOYNTON BEACH
Dear Mr. Clark:
Mr. Norman J. Michael, of the Milnor Corporation, has been in contact with this
office regarding the city's requirement for the construction of left turn lanes
on Congress Avenue to serve the subject development.
As you are aware, the section of Congress Avenue from Boynton Beach Boulevard south
.to the L-28 Canal is scheduled for construction in 1984-85 as a part of the County's
2 cent gas tax road improvrnent program.
We have suggested to Mr. Michael that the construction of the turn lanes to serve
S. W. 25th Place and S. W. 27th Avenue be planned for inclusion in the County's
construction program, with the developer paying the County for the cost of the
construction.
He has advised us by letter that this is acceptable.
It is my understanding that the city has required the posting of a performance bond
by the developer to ensure the completion of all offsite improvements.
It is my recommendation that this bond be kept in force or a letter of credit be
posted by the developer to guarantee payment for the construction of these turn lanes.
In the event you find any problems with this arrangement, please advise.
If you have any questions or require additional information, please do not hesitate
to contact this office.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~~~~R. Walker, Jr., P. E.
~~' Traffic Division
CRw:Jt{t;cm
cc: Carmen Annunziato, City Planner
801( 21129 'NEST PAUv1 BEACH, Fl0Plf)/, ~~:'~n?
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6~
Milnor @rporation
BUILDfRS & U\ND DEVELOPERS
July 79, 7983
MIt. ChaJr.i.u> R. l.t1a...tk.eJL, JIt., P. E.
V~ectolt - Tlta66iQ Viv~~ion
Palm Beach Coun,ty EngineeJUYlg & Pub.tie WOlL.fu
Re6: Le6t Hand TWU1 LanU>
COYlgltU>.6 Avenue
City 06 Boynton BeaQh
Dealt MIt. WalkeJt:
We've had an o ppolLturUXy , today, to meet with YOM :tAa66iQ enginerJU.ng
.6:ta66 , ,to d1..6Qt..tA.6 the QOn.6.tJuLcUon 06 le6t hand tuJtning 'lane..6 be-tween S.W
25th Pf.aQe and S.W. 'l7,th Avenue, heJL.e in the wy 06 Boynton Beach.
In view 06 the pending aDUlt. la.uttg 06 CongltU>.6 Avenue, wlUQh -fA
.6chedu1.ed 601L. compleilon in 7984, it <<XU Ite.c.ornmende.d by.6:ta66, and my
IH1deM.tanding 6ftom MIt. AndJr.ew HeJLte1., :tha;t we. Me. not: :to c..On.6tJwct any
le6t: hand tuJtn laneA on CongftelJ.6 Avenue..
Wilen .the engineeJL-i.ng plan.6 have been c..omplete.d 60ft .the w<.dening 06
COI1glt.('~,5 Avetwe, they l~ iYldude modi6ied leat ha.Hd tuJtl1 lalle.-6 60lt. S. W
25.th Place and S.W. 'l7t.h AVeHue. We wLU be notiMed a..6 :to ouJr. c.O.6t 60lt
:the con~-tJwc;Uon 06 .the.-6e le6.t hand hUr..n lanelJ, wlucll we will pay d~ec;Uy
.to .the T!W6Mc Divi~1.oYl 06 PaJJn Beaeh County.
16 ant} n.dcLUJ.ona...t cla.JU6.LcLltion i6 needed a..6 .to ouJr. pa.JttA.upa:t.-Wn in
.thL~ r-l/t.ojec;t, plea..6~ nou6y OWL 06Mce at youJt eaJr.-U..e..6t convelue.nc..e.
NO'.d.1n J. ,1cll.Lle1
NM/.6l /
c.~ew H eJL:tel
Tom ClaAk, C.l.ly EnglYleClt
CaJunen AIH1W1Z,{fl-tO, Ci;ty PlanneJL.
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P,O. Box 1480 · 1470 S.W. 25th Way, Boynton Bueh, Florida 33435 (305) 732-0040
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8UllDfRS & lAND DfVfLOPfRS
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Jul.!} 19, 1983
~. CaAnl~n ^nnunz~o
CUy PlanneIL
CUy 06 BO~Jn,ton Be4~h
P.o. BOl( 310 .
BO!ft~lon Ueach,' flolLlda 33435
Le6-t /land TUlLn Lanu
Con9Jtu~ Avenue ..
Gol6vi.ew ffalLboU/t f4.:lftt~..
VeaIt ~Vr.. Annu..t:Ua.to:
Re6:
l' m endolli.ng, heJtun, a c.opy 0 6 t.h~ le,U.Vr., aJtd OWl. u.ndeM..tanding .
wUll the Palm Be4c.h County TIU166.i.c.. Vi..v,u.i.on, ltt.galUUnB t.1lt. l~6.t hand twm
laneA on Conglte.611 Avenu.e. . . .
.An a9Jteement hiL6 been Iteadted, wheJtun .the UUnolt COItPOJttLtiO,l will
pay .to PlLlm Beaclt Cou.n.ty' 4 TIlaQ6.lc. V.i.v..u-lon, .the coJ..t :to COnA.tII.uc.t .lite.
(tlocU6ied .t.e~.t JUtnd ;t.uJr.n lanu a.t S.W. 25th Plac.e and S.W. 27th Ave-tlue,
.helLe. in .the c.Lt.y 0 ~ Boyn-ton Bea.c.h.
1 wiA h to Iteml.nd you .that. .the BuU.cUng Ve~a.lLl)nett.t 11M been r.halr!1,(t1g
IW impact. 6eeA hOIl. btUldi.tl!} pe/lJ1\..i.;U, whi.c.h, 011. C.OU/t.6t, Me .i.nCOJrAed. OuJI.
a!JIl.eCJllenl wLth Pahn lleach Coun,ty T 1U166.i..c. V.lv.l.4.lon, AAU .tJa.a;t We would pa!}
6 ulL .tILe l..e 6..(. hand .twtn .t.anu, .in Lieu 06 .lmpa.c.-t 6 e u . A6 0 h .thi.d tiat I!.
we be-U.eve -the 6oUow1.n9 6eu hav~ been pai..d. ~OIL .thue bu.UcUng6:
Block ~9, ~10, '7, ~8, ~15, 8 *29, -
bUll. a total 06 twen:t.y.e,igh.t ~ at $200.00 ea~h, 60IL a ~o~ 00 $5,600,
w/l1.ch ~houhl be. lr.etwLne.d ~o U4.
1 bt-U..t.ve .t.hu e. o.l9u1t.lA Me. c:.oMec.t. Would f/OU pleA.4 e look b...to tlt.i4
m"LCt4a.nd mak.e. ,the. apP'Wp1ti.4.U. ~n4.
Veil !I .tJud.y yoUJr4,~. . -
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~n J. #.Ucha.d
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August 1, 1983
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County Administrator
John C. Sansbury
Board of County Commissioners
j."-.
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Peggy B. Evatt. Chairman
Ken Spillins, Vice Chairman
Dennis P. Koehler
Dorothy Wilken
Bill Bailev
"...
Department of Engineering
and Public Works
H. F. Kahlert
County Engineer
Mr. Thomas A. Clark, P. E.
City Enginetr
City of Boynton Beach
P.O. Box 310
120 Northeast 2nd Avenue
Boynton Beach, FL 33435
Subject:
LEFT TURN LANES ON CONGRESS AVENUE TO SERVE GOLFVIEW HARBOR
CITY OF BOYNTON BEACH
Dear Mr. Clark:
Mr. Norman J. Michael, of the Milnor Corporation, has been in contact with this
office regarding the city's requirement for the construction qf left turn lanes
on Congress Avenue to serve the subject development.
As you are aware, the section of Congress Avenue from 6oyntonlBeach Boulevard south
to the L-28 Canal is scheduled for construction in 1984-85 as a part of the County's
2 cent gas tax road impromnent program.
We have suggested to Mr. Michael that the construction of the turn lanes to serve
S. W. 25th Place and S. H. 27th Avenue be planned for inclusion in the County's
construction program, with the developer paying the County for the cost of the
construction.
He has advised us by letter that this is acceptable.
It is my understanding that the city has required the posting of a performance bond
by the developer to ensure the completion of all offsite improvements.
It is my recommendation that this bond be kept in force or a letter of credit be
posted by the developer to guarantee payment for the construction of these turn lanes.
In the event you find any problems with this arrangement, please advise.
If you have any questions or require additional information, please do not hesitate
to contact this office.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Cht!~4:; E.
Director, Traffic Division
cm.;r:ASH: em
cc: Carmen Annunziato, City Planner
BOX 21129 ' WEST PALM BEACH, FLORI DA 331102
(305) 6811-4000
, ~ "'~'.., .. ...;,... ~.' -,... ,"
August 8, 1981
~
County Administrator
John C. SJnsbury
130anl of COlln!y Commissioners
p~;gy n. /:.,.;111. Chairl1l;111
Ken Spillias. Vice C:l:Jirman
D~l1ni$ P.l(l)chler
Dorothy Wilken
!Jill Bail~v
Department of Engineering
and Public Works
H. F. Kahlert
C.ounty Engineer
Mr. Edgar Howell, Building Official
City of Boynton Beach
120 N. E. 2nd Avenue
Boynton Beach, FL 33435
I
Subject: Clarification of Requirement for Left Turp Lanes On Congress
Avenue to Serve Golfview Harbor, City of Boynton
I
Dear Mr. Howell: I
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Reference is made to my letter of August 1, 1983 to ~homas Clark addressing a pro-
posed arrangement for the construction of required tbrn lanes and a suggested method
of payment for said construction by the developer ofl Golfview >>arbor.
,
I
In 1980 it was agreed that this development would construct Congress Avenue as a
three lane section between S. W. 25th Place and S. W:. 27th Avehue. In consideration
of this construction, impact fees were to be waived.1
I
In July of this year it was agreed that the County,~ ~hich has plans to four lane
Congress in the area of the project would construct the turn lanes required to serve
its entrance roads, with the developer paying for said construction.
I
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It is my undprstanding that $5,600.00 in impacts have been collected from this
development to date. !
I
In view of this agreement, no further impact fees sh~uld be collected from Golfview
Harbor. I
In consideration of fees already collected, the County will credit $5,600.00 toward
the cost to the developer for the construction of required turn lanes.
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I hope this letter serves to clear up any confus!on jconcerning this matter.
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If you have any questions or require additional info'rmation. please do no hesitate to
I
contact this office. I
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Sincerely,
OFFICE OF THE COUNTY ENGINEER
Charles R. Walker, Jr., P. E.
Director, Traffic Division
CR\.J: ASH: em
.F.~Mr. .Thnm~s Cl::lrk, P. E.
',,; ,..1 Mr. Ca rmen Annunz ia to
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Golfview Harbour Estates
Master Plan File
9/23/80
~IL.
City pianner
SU.JICT
Traffic and Bike Paths
..
On this date, Mr. Clark and I met with representatives from
the Palm Beach County Traffic Engineer's Office, the developer
and his engineer. The agreement that follows is to supplement
Mr. Walker's letter of 9/8/80.
At this meeting it was agreed upon that the developer
would construct left turn lanes at S.W. 25th Place and Congress
Avenue and in lieu of paying an impact fee of $25,600 the developer
is to construct left turn lanes. at S.W. 27th Place and Congress
Avenue with l2-ft of pavement connecting the turn lanes.
It was also agreed upon that the developer would construct
a 6-ft concrete bike path along Congress Avenue in lieu of a
4-ft concrete sidewalk.
c~ J C -~~Z-
Carmen S. Annunziat
City Planner
CSA:pf
cc:
Tom Clark, City Engineer
Central File
YhUhOr C.
arp.
81-.. :}881-
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c; (.:. I')t;, .... ~~ I;.:. .~X!..L?. C. r~,- \~. c~ (1. D. 9X~.':?_?. '& ?\Y. ~~.r~.l,;.~ fl_ f~x..(;~. j.l:~ f:~. t
fli;..tl,,!,?,.1. G.~22.t
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::.:;'},:'.'j"/ ~:;q'..lar.e Ya\-dS', eof F'avement at $11~".:13
F' t:~.' ~:) Cll.' a. roO e \/ it )- cJ .. . . .. . . .. II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
/IUO L in,,;, 1 Ft;:-pt c.f' Cc,nc\-ete CLwb i nq At $'7.61
F' E~ (' ~:i <:1 L.' ii\ r f? F~ [) C) t .. .. .. . .. .. .. .. .. If .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
!}.. . l-J" ;:)'.'i t t:,. c. t ~~.t;g :.:. l,,!?-lf t.. IHLXI. t::.?.D.t:::!.. ~2f;I_I) !J.l t. I." t.I..!tJ.:..
:::'/:.:~.77 ::;quare Yal-c:\E:; c.,f Pavement .:\t $li?::l:l
F' E~ , .. :;:: qua c I:? Y i:::\I".' d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:.1'")0 Lin"d FEH-:.t eof CC'llcr-pte CUl'.binq at $'l.hl
. 1< \-::' i !:; q u.:, r. p Fe. Co l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
T Cl "1''(;1... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
',I' .
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1?bll1J?1~9
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Milnor ~rporotion
BUILDERS & LAND DEVELOPERS
~OAg !~~~! E~~~
EfBtlJI
!2llJtt1?fB
3
4
5
6
7
8
1 1
12
13
14
15
16
17
18
19
20
25
26
27
28
29
85-2774
85-1965
83-2007
83-1974
82-2174
82-2052
83-0919
83-0942
84-0816
85-0018
83-0236
84-1759
86-0341
86-1368
87-0332
87-4629
87-2800
87-0331
86-6668
83-1776
83-0607
AMOUNT
-------
PAID
$ 800.00
1,000.00
1,000.00
1 ,000 .00
1,000.00
1,000.00
1.000.00
1,200.00
800.00
800.00
800.00
800.00
2,248.00
2,448.00
2,248.00
2.248.00
2,248.00
2,248.00
2,248.00
800.00
600.00
TOTAL PA I 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28,536.00
----------
----------
P. O. Box 3939 · Boynton Beach, Florida 33424-3939
1467 S.w. 25th Place · Boynton Beach, Florida 33426 . (305) 732-0040
~!IY QE ~QY~IQ~ ~~B~
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3~8 Square Yards.of Pavement At 512.66 Per
..
:.::) C l t.l (":1. ..... l:.~ "t' i:":i C. c{ If . .. .. .. n .. II .. .. .. .. .. .. .. .. .. .. .. .. II .. K .. .. .. .. .. n If .. .. If
400 Linal Feet Of Concrete Curbing At $7.59
F' E' ).. ~3 q u ,,::\ C E? F' Dot . . . . . . . . .. . .. .. . .. . . . . . . . . .. . . . . . .
f:L,.. l:.l.~._ ~~.:g.h. 1:~hi..C::.~ :::. ~.;:.~_f.t 1::h~.r:l9. I~.!C\.l ~;,,~;:~X!~..;_
368 Square Yards of Pavement At $12.66 Per
Hq U d..... E~ Y a c. d . . . . . . . . . .. . .. . . . . . . . .. .. . . . .. . . . . .. . . .
400 Linal FGet of Concrete Curbing at $7.59
F.:' Co roo f3q u. a \' ~"? F 00 t . . . . . . .. . . . . . . . . . .. . . . . . . .. . . .. . .
.fCiT Ptl._.. .. . . . . . . . . .. . . .. . . . . . . . . . . . . " " . . .. . . . . .
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G.() I:::!. t. (... ~:\(;.:.~_ C;~"C.?. C c;'_l::.. Gc;'.JJfJX..€i. !::~.. ?. €t.'Y.~ E:#.Y:ll.~ f.~:. F.:: r..(.:,.. j, €~C t,:
E\c.:_t..I,,~c.:~!.. G_t;'.~:.t.
~_:~ ....... . ~J '.~.. ~~..Z..~..I:J_ €~.'Y.~.~?'.. r!. ~:!.~. ~:-M ~::. .~~.t~ ~_ ~L \~~ r:..)."J. ~:~ ~.1.1 ~~~ ~.. ~).. (.~.... ~:.r.t.tJ_ t~..~:~:::.~.l.~.lJ:J. .;-
372.77 Square Yards of Pavement at $12.33
Pc::?"!" !::;quar-E? Y.:.\r'ej..................................
400 Linal Feet of Concrete Curbing At $7.61
F' e r. S q L.t i~ r c;? F () (;I t . . .. .. . . . . . . .. . . .. . .. . .. . . . . . .. . .. . . . .. .
~?_".., ~~.~'._ ~.::~i.l;JJ.. f::.ts\<;::.~ -:-.:. L=.~f!i. I~:~rrl ~.c~~"Q€: ~.. ~~.q_!.:.~.~.t-)t.!..q.':!..'..!c:L:...
372.77 Square Yards of Pavement at $12.33
F' E!.... ~::; qua \- (? Ya r-. cl . .. .. . . . .. . . .. .. .. . . . . . .. . . . . .. . .. . . . . . .
400 Lin31 Feet of Concrete Curbing at $7.61
P (;? r S q u -=\1_. E? F Dot .. . . . .. . . .. . . . . .. .. . . . . . . . . .. .. . .. . . . . .
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BUILDING
- - - -- - -- -- --
NUI'1 RE R
:=1
4
5
6
7
8
1 1
12
13
14
15
1":'
17
in
19
20
21
25
26
27
28
29
s.'~~~"'lt; ~~~:i:t~ ~
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;'." D<"~"iJr.-,..t
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~':" ',.,o::~~J~',o ,J ,}:~"_';'",', ~1
Milnor @rporotion
BUilDERS & LAND DEVElOPERS
IROAIO !~~! FEES
PER!"! I T
---.---
NUl"lFlER
AMOUNT
~-----~- ----
PAID
85-.277't
85-1965
83-2007
83-1974
82-217't
82-2052
83-0919
83--09lt2
8't-0816
85-0018
83-0236
84-1759
86--03tf 1
86-1368
87-0332
87-4629
88-1029
87-2800
f37-0331
86-6668
83-1776
83-0607
$ ROO.OO
1 ,000.00
1 .000 . 00
1 ,000. 00
1,000.00
1,000.00
1 ,000.00
1 . 200 . 00
800.00
800.00
800.00
800.00
2.248.00
2,4tI8.00
2, 2't8 . 00
2,248.00
2.248.00
2.2'18.00
2.2'-18.00
2,2'18.00
800.00
600.00
TOTAL Pfl 1 D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $30, 7R4 .00
----------
----------
P, O. Box 3939 . Boynton Beach, Florida 33424-3939
1467 S'w, 25th Place. Boynton Beach. Florida 33426 . (407) 732-0040
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DADE (305)625-3133
BROWARD (305) 437-8800
weekley asphalt paving, Inc.
L\T<'\~~c:"'I- ~~
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4.'10 S~
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JIM GllE
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17300 PINES BOULEVARD. P.O. BOX 840909
PEMBROKE PINES. FLORIDA 33084.1259
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,.
CITY 9f
BOYNTON BEACH
P. 0, BOX 310
120 N.E. 2ND AVENUE
BOYNTON BEACH. FLORIDA 3343'
September 25th, 1980
Mr. Norman J. Michael
Milnor Corporation
P.O. Box 1480
Boynton Beach, Florida 33435
Dear Mr. Michael:
. '
On Tuesday, September 23rd, 1980, the Planning and
Zoning Board approved your Master Plan, for Golfvi~w Harbour
Estates/Sections 2 & 3, subject to the following: .
,
.f
Building Dept:
Subject to memo;
, .
Engineering Dept: Subject to memo;
See Planning & Zoning Board item' #1;
Plann~ng Dept: Street lighting required;
Planning & Zoning Board:
Traffic Impact: See memo from City.Planner
to file dated 9/23/80;
School Impact: That the developer agrees to
enter into a formal contract with the School
Board of Palm Beach County to contribute
a sum equal to .4 of 1% of the selling price
of each residential dwelling unit in this
development.
If you have any further questions concerning this matter,
please contact me.
Yours very truly,
CSA:pf
enc.
cc:
City Manager
Building Official
Howard Johnson, School Board
Ci 1:y _E'ngineer
Central Pile
Charles Wal.ker, Palm nch County/Trnffic
CITY OF BOYNTON BEACH
C~S~
Carmen S. Annunziato,
City Planner
-.
"', ~g,l~ . ME'~,~RANDUM_
Golfview Harbl '~':~~~~s ,.,"
. ,./
Master Plan File
DATI
9/23/80
FI\..(
)..
City Planner
5UPJ(CT
Traffic and Bike Paths
On this date, Mr. Clark and I met with representatives from
the Palm Beach County Traffic Engineer's Office, the developer
and his engineer. The agreement that follows is to supplement
Mr. Walker's letter of 9/8/80. ,-------
At this meeting it was agreed upon that the developer
would const~_U~Xt.__t.\!rn-.lqnes._a.:t_S.LJY~ 25th -Place and Congress
'Avenue and in lieu of paying an impact fee of $25,600 the developer
is to construct left turn lanes at S.W. 27th Place and Congress
Avenue with 12-ft of pavement connecting the turn lanes.
It was also agreed upon that the developer would construct
a 6-ft concrete bike path along Congress Avenue in ~ieu of a
4-ft concrete .sidewalk. .
~~ J 6 ~~;;t-
Carmen s. Annunziat ,
City Planner
CSA:pf
cc:
Tom Clark, City Engineer
-.C-entral File
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MINUTES - PLANNING & ZONING BOARD
SEPTEMBER 23, 1980
Mr. Annunziato then read his memo advising that today, he and
Mr. Clark met with representatives from the Palm Beach County
Traffic Engineer's Office, the developer and his engineer.
The agreement that follows is to supplement Mr. Walker's
letter of 9/8/80. At this meeting, it was agreed upon that
the deyeloper would construct left turn lanes at S. W. 25th
Place and Congress Avenue and in 11eu ot paying an impact fee
of $25,600, the developer is tor construct left turn lanes-a~
S. W. 27th Place and Congress Avenue with 12 ft. of pavement
connecting the turn lanes. It was also agreed upon that the
developer would construct a 6 ft. concrete bike path along
Congress Avenue in lieu of a 4 ft. concrete sidewalk.
Mr. Annunziato added that it was also discussed what kind of
bike paths should be along Congress Avenue and the Board in-
structed the staff to work out the construction aspect with
the City Engineer. It is recommended that a 6' bike path be
constructed in lieu of a 4' concrete sidewalk.
Mr. Annunziato stated the plan was also ~ent to School Plant
Planning. He then read into the record the letter from Mr.
Howard Johnson dated September 18, 1980.
Mr. Annunziato advised that he has not received a letter from
Water Management; however, he does have a copy of the Water
Management review staff summary. Basically, they found the
drainage plan for this development to be in the good to fair
range. He suspects it will be approved at the next meeting of
the Water Management Board.
Mr. Annunziato clarified that approval is recommended subject
to staff comments noting the agreement to the left hand turn
lanes and the school agreement. Recreation has been provided
on site and the remainder of the fee is to be paid upon final
plat approval or can be bonded.
Chairman Thompson asked Mr. Michael if he was in agreement
with the staff comments and understood and Mr. Michael re-
plied affirmatively.
Mr. DiSalle moved that the master plan for Golfview Harbour
Estates/ Sections 2 and 3, East of South Congress Avenue and
South of L-27 Canal, Lazy Lake Waterway, be approved subject
to staff comments in addition to the agreements between Mr.
Michael and the staff pertaining to additional paving on
Congress Avenue and the school impact fee. Mr. Winter
seconded the motion. No discussion. Motion carried 5-0.
Site Plans
-9-
. .
(
(
(
-'
~
MINUTES - PLANNING & ZONING BOARD
SEPTEMBER 23, 1980
Mr. Annunziato then read the memo from Mr. Clark noting:
1. It is recommended that the improvements to Congress
Avenue as stipulated by the County Traffic Engineer
in his letter of Sept. 8,_ 1980, be included in the
master plan. .
2. A request should be initiated by the developer to
eliminate the bridge across the canal as originally
required.
3. D.E.R. permits will be required. -The operation and
maintenance to be by a homeowners' association.
Mr. Annunziato stated in answer to some of these questions, Mr.
Michael provided a copy of a letter today concerning the status
of the bridge closing. He discussed this with Mr. Clark and it
is his recommendation that it come to the Board with a specific
request that the bridge be deleted. In reference to the street
lights, Mr. Michae~ just addressed this and he read a letter
from Mr. Michael confirming his statements. He went over this
with Mr. Clark and in concept, they find it acceptable. At the
preliminary plat approval, they will be looking for a street
light plan.
Mr. Annunziato then read Mr. Walker's letter dated September 8
into the record:
"As you requested, we have reviewed the expected traffic
impact for the proposed subject development.
"with a traffic generation rate of 8 trips per day for each
dwelling unit, the 128 multifamily units should generate approx-
imately 1,024 vehicle trips per day.' We would recommend that
the City impose the following conditions as a part of this
developm~nt's approval.
1. Left turn lanes should be constructed on Congress Avenue
at S. W. 25th Place and at S. W. 27th Avenue. Because
these two streets are so close together, a constant 36
foot pavement width should be carried between the two.
2. In order to off-set this development's direct and
indefinable traffic impact upon the public road system,
this development should pay the fair share impact fee
for multifamily dwelling units- currently $200.00 per
dwelling unit. If this were paid as a lump sum, it
would amount to $25,600.00 at todays rate for this fee.
An-alternative to the lump sum payment would be payment
at the time of the issuance of each building permit."
-8-
. ,
(
t
'.
MINUTES - PLANNING & ZONING BOARD
SEPTEMBER 23, 1980
concerned about the future possibility of the clubhouse disap-
pearing and new homes being built. Mr. Annunziato assured him
this was just an oversight on his part. Mr. DiSalle questioned
what these homeowners will do for a meeting area and Mr. Ryder
replied they could possibly make arrangements with the home-
owners' association to use this existing clubhouse and Mr.
Michael agreed. Mr. Ryder continued that where there is a
development of this kind with unit owners involved, tpey have
cornmon problems and need a meeting room and Mr. Michael in-
formed him the occupancy of the present clubhouse is probably
30 to 40 days per year and these people could make arrangements
with the homeowners' association to rent or lease that club-
house on occasions. Mr. DiSalle questioned the size of this
existing clubhouse and Mr. Michael informed him it is about
35 x 70-80' and holds about 200 people. Mr. DiSalle asked if
they are receptive to the idea of these people using the faci-
lity and Mr. Michael replied affirmatively. Mr. DiSalle clari-
fiedthat leasing conditions were not prohibitive and Mr.
Michael replied negatively that they can rent to any associa-
tion. Mr. DiSalle asked where the recreation building was
located in relation to this new development and Mr. Michael
pointed this out on the plan.
Mr. Bernstein referred to street lighting and Mr. Michael
replied that he has written to Mr. Annunziato about street
lighting and explained that in front of every unit along the
roadway, there will be a lamp post. All the thoroughfares
will be lit with lamp posts including the parking lots.
There will be adequate lighting. It will all be done by
electronic eyes and will have no switches. In driving
through the existing subdivision, there are lamp posts all
over. These lamp posts will provide light for streets,
homes and parking lots.
Mr. Bernstein referred to existing paving which deadends onto
Congress Avenue and Mr. Annunziato explained that several years
ago when the development of Golfview Harbour was going on, the
City requested Mr. Michael to interupt access to the paved
roads which had been abandoned.
Mr. Annunziato referred to the staff comments and read the
memo from Mr. Howell noting the following will be required
prior to issuance of permit:
Hotel and Restaurant Commission registration number.
Board 9f Health approval.
County Engineering turn-out approval.
Water Management approval for on-site water retainage and
street and floor elevations.
Copy of recorded plat.
Paid receipt for school impact fees.
-7-
. '
MINUTES - PLANNING & ZONING BOARD
SEPTEMBER 23, 1980
(
Mr. Annunziato stated the Board has seen this application in
several forms, as a pre-application and site plan, which was
approved with the modification of what was shown as a four-plex
in the northeast corner to be changed to three one-story units.
The master plan has been refined technically. There are 44
one story, two bedroom units; 32 one story, three bedroom units;
and 52 two story, three bedroom units for a total of 128 units
on the two tracts. It is bordered on the west by Congress Ave.,
on the east by 14th Court, on the north by the Lazy L~ke Water-
way, and on the south by S. W. 27th Avenue. The master plan
was submitted to the Water Management District, Palm Beach
County Traffic Engineer and School Board for their review.
The staff also reviewed it and several comments were made.
The applicant is present.
Mr. Norman Michael stated this was submitted as a master plan
about three weeks ago and he went to the School Board, Water
Management and County Traffic Engineer. He met this morning
with Mr. Annunziato and Mr. Clark and the County Traffic Engi-
neer regarding left hand turn lanes into the project from
Congress Avenue. They reached the understanding reflected by
Mr. Annunziato's memo. They also talked about a bike path
being constructed along Congress Avenue. They have installed
a 4' concrete walkway along Tract 1 from S. W. 27th Avenue
south to the canal. It has been decided in lieu of enS' as-
phalt path along this section of Congress Avenue, they will
install a 6' concrete walkway, which will aesthetically look
better than blacktop and people won't misjudge it as part of
Congress Avenue. Mr. Ryder asked if a curb will be included
and Mr. Michael explained there will be sod there which will
enhance rather than detract from the wall. Mr. Ryder clari-
fied that it will be set back from the right-of-way and Mr.
Michael agreed that it will abut the wall going out 6'. Mr.
Michael clarified that this is basically the plan which was
before the Board previously with these two items of the left
hand turn lanes and 6' concrete walkway.
\
Mr. Ryder asked who owns the existing clubhouse on 27th Avenue
and Mr. Michael informed him that it is owned by the people,
the Golfview Harbour Homeowners Association. Mr. Ryder clari-
fied that these townhouses are not included and Mr. Michael
agreed this was correct. Mr. Ryder asked if the people pay
taxes and maintain the building and Mr. Michael replied there
are no taxes on the building since it is a non-profit corpora-
tion, but the homeowners maintain it. There is a reverter
clause in the deed that if they do not maintain it or elected
.they cannot keep up the expenses, it will then revert back to
them. Mr. Ryder stated if it reverts back to them, additional
houses could be built and Mr. Michael disagreed because it is
deed restricted only for clubhouse use. Mr. Ryder .stated this
doesn't appear as recreation on the new zoning plan and he is
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MINUTES - PLANNING & ZONING BOARD
SEPTEMBER 23, 1980
great walking distance. The Building Department and Planning
Department studied this and came up with an alternative based
on the distance from the building. They have suggested the
following parking requirements for recreational buildings:
1. No parking spaces required for all units within 500
feet radius.
2. One (1) space required for every four (4) units within
500 to 800 ft. radius.
3. One (1) space for every two (2) units outside the 800
ft. radius.
4. Total required parking to be no more than one (1)
space for every four (4) persons, based on a maximum
occupancy of fifteen (15) square feet per person for
assembly area.
He thinks this reasonably addresses some of the problems we
have had. This is their recommendation on how to compute all
parking requirements for condominium recreation buildings.
Mr. Ryder commented that this is a good approach and Mr.
Annunziato explained this was the basis for computing the
parking required at Chanteclair Villas.
Mr. Bernstein referred to Village Royale on the Green and
stated there could possibly be a problem with this method
when part of a building falls within the radius and part
doesn't and Mr. Annunziato informed him that in that case,
the units would be counted.
Mr. Bernstein questioned if there should be a minimum number
of parki~g spaces such as six and Mr. Annunziato replied there
is automatically a minimum as handicapped parking must be pro-
vided. ~r. Ryder stated we should consider adding a minimum.
Chairman Thompson agreed and suggested including in No.1.
After discussion, it was agreed to change "no" to "six" in No.
1.
Mr. Annunziato stated if this meets with the Board's approval,
he suggests it go forward to the City Council with a recommen-
dation that it be adopted in ordinance form. Mr. Bernstein
.so moved, seconded by Mr. DiSalle. Motion carried 5-0.
'Subdivision Master Plan
Applicant:
Golfview Harbour Estates/Sections 2 & 3
N. Michael, Agent
East of South Congress Avenue and South of
L-27 Canal (Lazy Lake Waterway)
Location:
Project
Description: 128 units on 13.655 acres
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Peggy B. Evatt
Norman Gregory
Bill ;::.']iley
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September 8, 1980
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Mr. Carmen S. Annunziato
City Planner
City of Boynton Beach
P.O. Box 310
120 Northeast 2nd Avenue
Boynton Beach, FL 33435
SUBJECT: Townhouses of Gulfview Harbour Estates - Master Plan
Dear Mr. Annunziato:
As you requested, we have reviewed the expected traffic impact for the
proposed subject development.
With a traffic generation rate of 8 trips per day for e~ch dwelling unit,
the 128 multifamily units should generate approximately: 1,024 vehicle
trips per day. We would recommend that tne City impose the following
conditions as a part of this development's approval. !
1. Left turn lanes should be constructed on Congress Avenue
at S.W. 25th Place and at S.W. 27th Avenue. Because these
two streets are so close together a constant 36 foot pave-
ment width should be carried between the two.
2. In order to off-set this development's direct and indefinable
traffic impact upon the public road system, this development
should pay the fair share impact fee for multifamily dwelling
units - currently $200.00 per dwelling unit. If this were
paid as a lump sum it would amount to $25,600,00 at todays
rate for this fee. An alternative to the lump sum payment
would be payment at the time of the issuance of each build-
ing permit.
The opportunity to comment is appreciated.
Sincerely yours,
.;~c:'
Mr. Thomas A. Clark, P.E., City Engineer
City of Boynton Beach
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OFFICE OF THE COUNTY ENGINEER
Charles R. Walker, Jr., P.E.
Director, Traffic Division
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