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Date: Mon, 14 Jan 2019 15:23:30 -0500
Reply-To: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Sender: Comission email for Marihelen-Wheeler
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Comments: Resent-From: <[log in to unmask]>
Comments: Originally-From: Lisa Huey <[log in to unmask]>
From: [log in to unmask]
Subject: Re: NW 222nd Ave - This email is being copied to all Commissioners
Comments: To: Ramon Gavarrete <[log in to unmask]>,
[log in to unmask]
In-Reply-To: <[log in to unmask]>
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Mr. Gavarrete-
You state that staff was instructed not to continue past detrimental
practices, however, that is EXACTLY what they did by digging out the
potholes, rather that filling them in. This road has been at its base level
for years now, with the grader digging at it and destroying it. All of the
"wind-rows" that you refer to, are areas that the road has been dug out so
severely that water is held up. A few years back, the county came out and
removed much of the material from the sides that had washed off the road.
For every 5 trucks they took away, 1 was replaced. Without a significant
amount of new material to raise this road so that it can properly drain,
and well-maintained ditches and culverts to carry water away, there will be
no infrastructure.
In its current state, NW 222nd Ave. has no "free" material for the grader
to work with, as no new material was put down. This only leaves the
foundation, once more, to be dug up and reapplied, scraping the road lower
and lower in to the surrounding swamp.
- Lisa
On Mon, Jan 14, 2019 at 11:45 AM Ramon Gavarrete <
[log in to unmask]> wrote:
> ****This email is being copied to all Commissioners****
>
> Ms. Huey,
>
>
>
> I had Mr. Michael Lucas, Acting Assistant Road Superintendent inspect the
> work that was completed. I am attaching pictures of NW 222 AVE all
> facing west from CR 239 to its eastern terminus (NW 75 Street).
>
>
>
> Upon inspection, it seems that the western most section (CR 239 to NW 91
> ST) in areas have a wind-row of material on each side to the roadway, but
> such condition not found throughout the roadway. With a digital level
> checking in various location, the roadway is sloped with a crown, but may
> appear flat in some location with a slope of less than 1%. The max slope
> reading I was able find was 3.3%.
>
>
>
> The grading maintenance provided Wednesday, Jan. 9, was routine to improv=
e
> the roads driving surface, not intended to re-construct or add substantia=
l
> material to the roadway.
>
>
>
> Staff has been directed to add material as needed with the goal to not
> continue past practices to =E2=80=9Ceat=E2=80=9D into the base. However,=
material costs
> have to be managed and the intention is not to re-construct the roadways,
> but to maintain the infrastructure.
>
>
>
> Also, Mr. Lucas will discuss with the supervisors and provide training so
> that wind-rows are blended into the grade.
>
>
>
> Sincerely,
>
>
>
> Ramon D. Gavarrete, P.E.
>
> Public Works Director
>
> Alachua County Public Works
>
> 5620 NW 120th Lane
>
> Gainesville, FL 32653
>
> Direct: (352) 548-1214
>
> Fax: (352) 337-6243
>
> Cell: (863) 381-6875
>
>
>
> *PLEASE NOTE: Florida has a very broad public records law (F. S. 119). Al=
l
> e-mails to and from County Officials are kept as public records. Your
> e-mail communications, including your e-mail address, may be disclosed to
> the public and media at any time.*
>
>
>
> *From:* Lisa Huey <[log in to unmask]>
> *Sent:* Monday, January 14, 2019 9:15 AM
> *To:* Ramon Gavarrete <[log in to unmask]>; BOCC (Only
> Commissioners) <[log in to unmask]>; Marihelen Wheeler <
> [log in to unmask]>
> *Subject:* Fwd:
>
>
>
> >Good morning, Mr. Gavarrete -
>
>
>
> My neighbors have bee asking me when your crews plan on finishing the
> restoration of NW 222nd Ave. Perhaps, you can answer that question for al=
l
> of us.
>
>
>
> I had a chance this weekend to finally see, in the light of day, just wha=
t
> had and had not been done to the road. The ONLY material that was put dow=
n,
> was the short stretch from 91st St. west to my property, and even this
> material is substandard. No new material was put down to the east or west
> of this part of the road. Instead of filling the pot holes, rolling the
> material in, and building up the surface, the grader dug under the pothol=
es
> and spread the existing material around. Not only did this further
> undermine the road's stability, it caused a wall of material to pile on t=
he
> sides. This "wall" will hold water on the road, starting the vicious cycl=
e
> of potholes once again.
>
> If you look at the photos, you will see that there is NO crest, simply a
> flat road that won't drain. If you look at the sides, you will see where
> the height of the road USED to be, before the County scraped it away. Thi=
s
> road needs to be raised up 6"-12" to get back even close to where it was
> when it was built.
>
>
>
> What is the County's current replacement schedule for our rural roads?
> Certainly, a road can not be expected to last 10-30+ years without
> enrichment of new material. Whether or not you comprehend this fact, or
> simply fail to acknowledge it, it still exists, and it is still your job =
to
> provide these services.
>
>
>
> Best-
>
>
>
> Lisa Huey
>
> 9137 NW 222nd Ave., Alachua
>
> 352-246-1895
>
>
>
>
>
>
>
>
> PLEASE NOTE: Florida has a very broad public records law (F. S. 119). All
> e-mails to and from County Officials and County Staff are kept as public
> records. Your e-mail communications, including your e-mail address, may b=
e
> disclosed to the public and media at any time.
>
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<div dir=3D"ltr"><div>Mr. Gavarrete-</div><div><br></div><div>You state tha=
t staff was instructed not to continue past detrimental practices, however,=
that is EXACTLY what they did by digging out the potholes, rather that fil=
ling them in. This road has been at its base level for years now, with the =
grader digging at it and destroying it. All of the "wind-rows" th=
at you refer to, are areas that the road has been dug out so severely that =
water is held up. A few years back, the county came out and removed much of=
=C2=A0 the material from the sides that had washed off the road. For every =
5 trucks they took away, 1 was replaced. Without a significant amount of ne=
w material to raise this road so that it can properly drain, and well-maint=
ained ditches and culverts to carry water away, there will be no infrastruc=
ture.</div><div><br></div><div>In its current state, NW 222nd Ave. has no &=
quot;free" material for the grader to work with, as no new material wa=
s put down. This only leaves the foundation, once more, to be dug up and re=
applied, scraping the road lower and lower in to the surrounding swamp.</di=
v><div><br></div><div>- Lisa<br></div></div><br><div class=3D"gmail_quote">=
<div dir=3D"ltr">On Mon, Jan 14, 2019 at 11:45 AM Ramon Gavarrete <<a hr=
ef=3D"mailto:[log in to unmask]">[log in to unmask]</a>&g=
t; wrote:<br></div><blockquote class=3D"gmail_quote" style=3D"margin:0px 0p=
x 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
<div lang=3D"EN-US">
<div class=3D"gmail-m_-347843032179647563WordSection1">
<p><b><span style=3D"font-size:18pt;font-family:"Calibri",sans-se=
rif;color:rgb(0,111,201)">***This email is being copied to all Commissioner=
s***</span></b><span style=3D"font-size:18pt;font-family:"Calibri"=
;,sans-serif;color:black"><u></u><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Ms. Huey,<u></u><u></u></span></=
p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">I had Mr. Michael Lucas, Acting =
Assistant Road Superintendent inspect the work that
was completed.=C2=A0 I am attaching pictures of </span><span style=3D"font=
-size:11pt;font-family:"Calibri",sans-serif;color:rgb(32,56,100)"=
>NW 222 AVE all facing west from CR 239 to its eastern
terminus (NW 75 Street). <u></u><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Upon inspection, it seems that t=
he western most section (CR 239 to NW 91 ST) in areas
have a wind-row of material on each side to the roadway, but such conditio=
n not found throughout the roadway.=C2=A0 With a digital level checking in =
various location, the roadway is sloped with a crown, but may appear flat i=
n some location with a slope of less
than 1%. The max slope reading I was able find was 3.3%. <u></u><u></u></s=
pan></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">The grading maintenance provided=
Wednesday, Jan. 9, was routine to improve the roads
driving surface, not intended to re-construct or add substantial material =
to the roadway. =C2=A0<u></u><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Staff has been directed to add m=
aterial as needed with the goal to not continue past
practices to =E2=80=9Ceat=E2=80=9D into the base.=C2=A0 However, material =
costs have to be managed and the intention is not to re-construct the roadw=
ays, but to maintain the infrastructure.<u></u><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Also, Mr. Lucas will discuss wit=
h the supervisors and provide training so that wind-rows
are blended into the grade.<u></u><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Sincerely,<u></u><u></u></span><=
/p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Ramon D. Gavarrete, P.E.<u></u><=
u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Public Works Director<u></u><u><=
/u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Alachua County Public Works<u></=
u><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">5620 NW 120th Lane<u></u><u></u>=
</span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Gainesville, FL 32653<u></u><u><=
/u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Direct:=C2=A0 (352) 548-1214<u><=
/u><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Fax:=C2=A0 (352) 337-6243<u></u>=
<u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)">Cell: =C2=A0(863) 381-6875<u></u=
><u></u></span></p>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(32,56,100)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><i><span style=3D"font-size:11pt;font-family:"C=
alibri",sans-serif;color:rgb(32,56,100)">PLEASE NOTE: Florida has a ve=
ry broad public records law (F. S. 119). All e-mails
to and from County Officials are kept as public records. Your e-mail commu=
nications, including your e-mail address, may be disclosed to the public an=
d media at any time.</span></i><span style=3D"font-size:11pt;font-family:&q=
uot;Calibri",sans-serif;color:rgb(32,56,100)"><u></u><u></u></span></p=
>
<p class=3D"MsoNormal"><span style=3D"font-size:11pt;font-family:"Cali=
bri",sans-serif;color:rgb(31,73,125)"><u></u>=C2=A0<u></u></span></p>
<p class=3D"MsoNormal"><b><span style=3D"font-size:11pt;font-family:"C=
alibri",sans-serif">From:</span></b><span style=3D"font-size:11pt;font=
-family:"Calibri",sans-serif"> Lisa Huey <<a href=3D"mailto:rf=
[log in to unmask]" target=3D"_blank">[log in to unmask]</a>>
<br>
<b>Sent:</b> Monday, January 14, 2019 9:15 AM<br>
<b>To:</b> Ramon Gavarrete <<a href=3D"mailto:[log in to unmask]
s" target=3D"_blank">[log in to unmask]</a>>; BOCC (Only Commis=
sioners) <<a href=3D"mailto:[log in to unmask]" target=3D"_blank">BOC=
[log in to unmask]</a>>; Marihelen Wheeler <<a href=3D"mailto:mwheele=
[log in to unmask]" target=3D"_blank">[log in to unmask]</a>><br>
<b>Subject:</b> Fwd:<u></u><u></u></span></p>
<p class=3D"MsoNormal"><u></u>=C2=A0<u></u></p>
<div>
<div>
<p class=3D"MsoNormal">>Good morning, Mr. Gavarrete -<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal"><u></u>=C2=A0<u></u></p>
</div>
<div>
<p class=3D"MsoNormal">My neighbors have bee asking me when your crews plan=
on finishing the restoration of NW 222nd Ave. Perhaps, you can answer that=
question for all of us.<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal"><u></u>=C2=A0<u></u></p>
</div>
<div>
<p class=3D"MsoNormal">I had a chance this weekend to finally see, in the l=
ight of day, just what had and had not been done to the road. The ONLY mate=
rial that was put down, was the short stretch from 91st St. west to my prop=
erty, and even this material is substandard.
No new material was put down to the east or west of this part of the road.=
Instead of filling the pot holes, rolling the material in, and building up=
the surface, the grader dug under the potholes and spread the existing mat=
erial around. Not only did this
further undermine the road's stability, it caused a wall of material t=
o pile on the sides. This "wall" will hold water on the road, sta=
rting the vicious cycle of potholes once again.<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal">If you look at the photos, you will see that there i=
s NO crest, simply a flat road that won't drain. If you look at the sid=
es, you will see where the height of the road USED to be, before the County=
scraped it away. This road needs to be
raised up 6"-12" to get back even close to where it was when it =
was built.<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal"><u></u>=C2=A0<u></u></p>
</div>
<div>
<p class=3D"MsoNormal">What is the County's current replacement schedul=
e for our rural roads? Certainly, a road can not be expected to last 10-30+=
years without enrichment of new material. Whether or not you comprehend th=
is fact, or simply fail to acknowledge
it, it still exists, and it is still your job to provide these services.=
=C2=A0 <u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal"><u></u>=C2=A0<u></u></p>
</div>
<div>
<p class=3D"MsoNormal">Best-<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal"><u></u>=C2=A0<u></u></p>
</div>
<div>
<p class=3D"MsoNormal">Lisa Huey<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal">9137 NW 222nd Ave., Alachua<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal">352-246-1895<u></u><u></u></p>
</div>
<div>
<p class=3D"MsoNormal"><u></u>=C2=A0<u></u></p>
</div>
<div>
<div>
<p class=3D"MsoNormal" style=3D"margin-bottom:12pt"><br>
<br>
<br>
<u></u><u></u></p>
</div>
</div>
</div>
</div>
<br>
<br>
PLEASE NOTE: Florida has a very broad public records law (F. S. 119). All e=
-mails to and from County=C2=A0Officials=C2=A0and=C2=A0County=C2=A0Staff ar=
e kept as public records. Your e-mail communications, including your e-mail=
address, may be disclosed to the public and media at
any time.
</div>
</blockquote></div>
<br>
<hr>
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</p>
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=========================================================================
Date: Mon, 14 Jan 2019 16:14:15 -0500
Reply-To: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Sender: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Comments: Resent-From: <[log in to unmask]>
Comments: Originally-From: Diane Bendekovic <[log in to unmask]>
From: [log in to unmask]
Subject: Thank you
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Commissioner Wheeler,
Thank you so very much for taking the time to meet with me today. It =
certainly was a pleasure and I hope to be of future assistance. I =
submitted my application to the Economic Development Advisory Committee, =
Land Conservation Board, and Recreation and Open Space Advisory =
Committee.=20
Appreciatively,=20
Diane Bendekovic
954-980-1137=
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=========================================================================
Date: Mon, 14 Jan 2019 21:19:27 +0000
Reply-To: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Sender: Comission email for Marihelen-Wheeler
<[log in to unmask]>
From: Marihelen Wheeler <[log in to unmask]>
Subject: Re: Thank you
Comments: To: Diane Bendekovic <[log in to unmask]>
In-Reply-To: <[log in to unmask]>
Content-Type: text/plain; charset="us-ascii"
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Message-ID: <[log in to unmask]>
Well done! It was a pleasure to have you here and to meet. Thank you for co=
ming in to share your time and talents. I'm sure we will have many opportun=
ities to work together soon. Stay in touch please. You can watch City and c=
ounty meetings on Channel 12 if you haven't discovered that yet! Cheers! Ma=
rihelen
-----Original Message-----
From: Diane Bendekovic <[log in to unmask]>
Sent: Monday, January 14, 2019 4:14 PM
To: Marihelen Wheeler <[log in to unmask]>
Subject: Thank you
Commissioner Wheeler,
Thank you so very much for taking the time to meet with me today. It cert=
ainly was a pleasure and I hope to be of future assistance. I submitted =
my application to the Economic Development Advisory Committee, Land Conserv=
ation Board, and Recreation and Open Space Advisory Committee.
Appreciatively,
Diane Bendekovic
954-980-1137
PLEASE NOTE: Florida has a very broad public records law (F. S. 119). All e=
-mails to and from County Officials and County Staff are kept as public rec=
ords. Your e-mail communications, including your e-mail address, may be dis=
closed to the public and media at any time.
########################################################################
To unsubscribe from the MARIHELEN-WHEELER list, click the following link:
http://listserv.alachuacounty.us/scripts/wa.exe?SUBED1=MARIHELEN-WHEELER
=========================================================================
Date: Mon, 14 Jan 2019 16:43:57 -0500
Reply-To: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Sender: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Comments: Resent-From: <[log in to unmask]>
Comments: Originally-From: Diane Bendekovic <[log in to unmask]>
From: [log in to unmask]
Subject: Re: Thank you
In-Reply-To: <[log in to unmask]>
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Commissioner Wheeler,
Per one of the areas of discussion: Many of the municipalities in =
Broward and Palm County were experiencing the issue. It was extremely =
problematic in Delray Beach and the issue is mushrooming throughout many =
Florida municipalities.=20
The following reasonable accommodation procedures were approved within =
the last few months of my tenure.
Sec. 27-12. - Reserved.
Editor's note=E2=80=94 Ord. No. 2570 =
<https://library.municode.com/fl/plantation/ordinances/code_of_ordinances?=
nodeId=3D906367>, =C2=A7 1 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTICH_S1ESNEMU>, adopted July 25, 2018, repealed =C2=A7 27-12 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-12RE>, which pertained to =
reasonable accommodation and derived from Ord. No. 2547, =
<https://library.municode.com/fl/plantation/ordinances/code_of_ordinances?=
nodeId=3D817987> =C2=A7 2 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTICH_S2BO>, 7-13-2016 . The user's attention is directed to =C2=A7=C2=
=A7 27-15.1 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.1INPUDEFE> et seq. for =
similar provisions. =20
Secs. 27-13=E2=80=9427-15. - Reserved.
<>DIVISION 2. - REASONABLE ACCOMMODATION PROCEDURE
<>Sec. 27-15.1 - Intent and Purpose, Definitions, Fees.
(1)
This Division sets forth the City's provisions for processing requests =
for a reasonable accommodation to the City's residential housing =
ordinances, rules, policies, and procedures for persons with =
disabilities as provided by the Federal Fair Housing Amendments Act (42 =
U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with =
Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA").
(2)
The City has considered recent studies commissioned by the City of =
Delray Beach (titled, "Delray Beach, Florida: Principles to Guide Zoning =
for Community Residences for People with Disabilities," and dated =
August, 2017), the City of Pompano Beach (titled, "Pompano Beach, =
Florida: Principles to Guide Zoning for Community Residences for People =
with Disabilities," and dated February, 2018), and the City of Fort =
Lauderdale (titled, "Principles to Guide Zoning for Community Residences =
for People with Disabilities," and dated February 13, 2018), which =
studies were prepared by Mr. Daniel Lauber, AICP. These studies identify =
significant public purposes of furthering beneficial health goals for =
certain types of disabled residents, in terms of facilitating community =
integration and normalization. The studies, in part, conclude that when =
recovery residences are clustered in an area, or when a recovery =
residence is located within six hundred and sixty (660) feet from =
another recovery residence, there are material increased risks that =
facilitating community integration and normalization will be adversely =
affected. The regulations in this Division concerning the rebuttable =
presumptions which arise when recovery residences locate within a six =
hundred sixty (660) foot separation standard are designed to further =
such significant public interests.
(3)
For purposes of this Division, an "Administrative Appeal" is an =
available administrative remedy for an applicant to seek review of a =
Chief Administrative Officer Determination in certain cases. The remedy =
involves a de novo, quasi-judicial review of the application which is =
conducted by the Special Magistrate in accordance with Subsection =
27-15.6 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE>(6) of this =
Division.
(4)
A "Community Residence" for purposes of this Division is a residential =
living arrangement of more than three (3) individuals living together in =
a single dwelling unit, where: (a) not all of such individuals are =
related to each other by bonds of consanguinity, marriage, legal =
adoption, or other qualifying circumstances identified in the definition =
of "Family" in Section 27-1 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-1DE> of this Code; (b) one (1) =
or more of such individuals is experiencing a disability; (c) all such =
individuals are living as a single, functional family; and (d) the =
disabled residents are in need of the mutual support furnished by other =
residents of the dwelling unit, as well as any incidental support =
services, if any, provided there. The residents may be self-governing or =
supervised by a sponsoring entity or its staff, which provides =
habilitative or rehabilitative services, related to the residents' =
disabilities. The Community Residence seeks to emulate a biological =
family to normalize its residents and integrate them into the =
surrounding community. Its primary purpose is to provide shelter in a =
family-like environment, and any treatment is incidental. The supportive =
inter-relationships between residents are an essential component of a =
Community Residence. A Community Residence which has received and =
maintained a reasonable accommodation pursuant to this Division shall be =
considered a residential "Family" use for the purposes of the City's =
land development regulations, so as to implement the policy =
considerations of the FHA and ADA. A Community Residence does not =
include any other group living arrangement for unrelated individuals who =
are not experiencing a disability, nor does the definition include =
residential facilities for prison pre-parolees or sex offenders. =
Community Residences do not include community residential homes that are =
defined in Section 419.001(1)(a), Florida Statutes, as amended, and =
licensed by the Florida Agency for Persons with Disabilities, the =
Florida Department of Elderly Affairs, the Florida Agency for Health =
Care Administration, or the Florida Department of Children and Families. =
Community Residences include functional family living arrangements of =
four (4) or more unrelated individuals that reside in recovery =
residences which are certified by the credentialing entity designated =
under Section 397.487 of the Florida Statutes, as amended, or which are =
operated in accordance with the Oxford House Manual =C2=A9.
(5)
For purposes of this Division, a "Determination" shall mean a decision =
on an application for a reasonable accommodation which is made by the =
Chief Administrative Officer under the provisions of Subsection 27-15.6 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE>(3) of this =
Code, or by the Special Magistrate under the provisions of Subsection =
27-15.7 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.7SPMADEPRMOTEDE>(4) of =
this Code. The word "Determine" means to make a Determination.
(6)
For purposes of this Division, a "disability" is a physical or mental =
impairment that substantially limits one or more of an individual's =
major life activities, impairs an individual's ability to live =
independently, having a record of such impairment, or being regarded as =
having such an impairment. People experiencing or possessing a =
"disability" for purposes of this Division do not include individuals =
who are currently using alcohol or illegal drugs, or who are currently =
using legal drugs to which they are addicted, or who constitute a direct =
threat to the health and safety of others. Except as provided in the =
preceding sentence, an individual experiencing a "disability" is =
"disabled," and this will include a person that qualifies as disabled or =
handicapped under the FHA or ADA, or both.
(7)
For purposes of this Division, a "Lot" shall be as defined in Section =
27-1 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-1DE> of this Code.
(8)
For purposes of this Division, a "pending application" shall mean an =
application for a reasonable accommodation which has been accepted by =
the Planning, Zoning, and Economic Development (PZED) Department and for =
which:
(a)
the Determination has not been made; or,
(b)
for Chief Administrative Officer Determinations, the Determination has =
been made, and: 1. the thirty (30) day time frame for an Administrative =
Appeal has not run, or 2. if an Administrative Appeal has been sought, =
either a Final Order of the Special Magistrate has not been rendered but =
may still be timely made, or if rendered, such Final Order remains =
subject to judicial review (i.e. by Petition for Writ of Certiorari, and =
thereafter, further discretionary, appellate review); or,
(c)
for Special Magistrate Determinations, the Determination has been made =
and remains subject to judicial review (i.e. by Petition for Writ of =
Certiorari, and thereafter, further discretionary, appellate review).
(9)
For purposes of this Division, a "reasonable accommodation" is a change, =
exception, or adjustment to an ordinance, rule, policy, or procedure =
that may be necessary for a person with a disability to have an equal =
opportunity to use and enjoy a dwelling, including any public or =
common-use spaces thereof.
(10)
There shall be no fee imposed by the City in connection with an =
application for a reasonable accommodation under this Division or for an =
Administrative Appeal of a Chief Administrative Officer Determination to =
the Special Magistrate. The City shall have no obligation to pay an =
applicant's or intervenor's attorneys fees or costs in connection with =
an application, or an Administrative Appeal, or any other proceeding =
before the Special Magistrate.
( Ord. No. 2570, =C2=A7 3, 7-25-2018 =
<https://library.municode.com/fl/plantation/ordinances/code_of_ordinances?=
nodeId=3D906367>)
<>Sec. 27-15.2 - Applications for a Reasonable Accommodation.
(1)
A request for reasonable accommodation shall be made by completing a =
reasonable accommodation request form. The form shall be developed and =
modified from time to time by the PZED Department consistent with law, =
and shall be maintained by the PZED Department.
(2)
When an applicant has completed the form and has included all of the =
information required, the form and information shall be filed with the =
PZED Department, and the PZED Department shall file stamp the form with =
the date its filing was accepted, and such form and information shall =
thereafter be considered an application. The reasonable accommodation =
application shall contain responses to questions, and any additional =
information as the applicant may determine is necessary for processing =
and evaluating the reasonable accommodation request. The reasonable =
accommodation request form shall be accessible on the City's web-site =
and accessible at the PZED Department.
(3)
The applicant may be the property owner, a tenant, a governmental =
agency, a parent or guardian of the disabled person, a provider of =
services to the disabled person, or the disabled person; however, in all =
cases, if the property owner is not the applicant, the property owner =
shall join in and consent to the application and shall be treated as an =
"applicant" for the purposes of this Division. In all cases, the =
applicant and the property owner shall be responsible to comply with the =
requirements of this Division, and with the conditions or limitations of =
the Determination.
(4)
Should the information provided with a reasonable accommodation request =
form include medical information or records, including records =
indicating the medical condition, diagnosis or medical history of a =
disabled individual, the disabled individual may, at the time such =
medical information is submitted, request that the City, to the extent =
allowed by law, treat such medical information as confidential =
information of the disabled individual. The City shall thereafter =
endeavor to provide written notice to the disabled individual, and the =
applicant, of any request received by the City for disclosure of the =
medical information or documentation which the disabled individual has =
requested be treated as confidential by the City. The City may cooperate =
with the disabled individual, to the extent allowed by law, in actions =
initiated by such individual to oppose the disclosure of such medical =
information or documentation, but the City shall have no obligation to =
initiate, prosecute or pursue any such action, or defend against a =
request for such records, or to incur any legal or other expenses in =
connection therewith (whether by retention of outside counsel or =
allocation of internal resources), and the City may comply with any =
records request or judicial order without prior notice to the disabled =
individual.
(5)
Submittal requirements. The application shall be made, in writing, and =
shall include the following information:
(a)
For all applications:
1.
Name and contact information of the applicant;
2.
Signature of applicant;
3.
Date of application;
4.
Owner's consent to the application (it shall be presumed that the owner =
is as indicated by the most recent ad valorem tax roll information =
concerning the Lot);
5.
Information regarding the Lot at which a reasonable accommodation is =
requested, including the address, and ad valorem tax folio number or =
property identification number;
6.
The specific ordinance, rule, policy, or procedure for which the =
reasonable accommodation is being requested;
7.
The specific relief sought by the application and how such relief serves =
the special needs of the disability at issue;
8.
Information concerning whether the relief requested by the applicant is =
necessary to provide one or more individuals with a disability an equal =
opportunity to use and enjoy housing;
9.
If there is to be an on-site supervisor, staff, or manager serving the =
premises, provide the name and contact information (phone and email) for =
each, and whether they will reside on the Lot with the disabled =
persons(s); =20
10.
Relevant information pertaining to the disability;
11.
A description of all installations or modifications which have been made =
to improvements on the Lot after the date of the Lot's most recent =
closed building permit, or if there are none, an Affidavit of No Change =
executed by the property owner (for purposes of this Paragraph 11, the =
most recent "closed" building permit is that which was: a. issued for =
improvements or alterations which have passed all inspections and =
received a Certificate of Occupancy or a Certificate of Completion or =
equivalent, and b. either: (i) where only building permits meeting the =
requirements of a. above were issued prior thereto, or (ii) the building =
permit meeting the requirements of a. above was the first building =
permit issued for the Lot in question);
12.
A description of all installations and modifications to improvements for =
the Lot which are proposed to be made before or during the time frame =
the Determination is to be effective;
13.
Any other relevant information pertaining to the Lot, and the =
information solicited by the reasonable accommodation request form;
14.
An irrevocable confirmation by the applicant and the property owner (of =
the Lot) that the City may inspect the Lot's improvements for compliance =
with applicable provisions of the Florida Building Code and Florida Fire =
Prevention Code while the application is pending, and that the City may, =
after a Determination is issued which grants the accommodation or grants =
an alternative accommodation, periodically inspect such improvements, =
after reasonable notice and during reasonable times, for compliance with =
the terms and conditions of the Determination; and,
15.
The extent of services or programs which will be provided to disabled =
persons at the Lot, and whether the service provider is licensed or =
certified.
(b)
For applications pertaining to or relating to a Community Residence, the =
following additional submittals or information shall be required:
1.
whether the Community Residence operator or owner is currently certified =
by the credentialing entity designated under Section 397.487 of the =
Florida Statutes, as amended (or whether the Community Residence is =
currently certified by the credentialing entity designated under Section =
397.487 of the Florida Statutes, as amended);
2.
whether the Community Residence is operated in accordance with the =
Oxford House Manual =C2=A9;
3.
if neither 1. nor 2. are applicable, information concerning:
a.
the identity, education, licensure, and training of staff servicing the =
Community Residence;
b.
how the applicant will ensure the home will emulate a biological family;
c.
how the home will be operated to achieve normalization and community =
integration;
d.
if any property line of the Lot on which the Community Residence is =
proposed is within Six Hundred Sixty (660) Feet of the nearest property =
line of a Lot where an existing Community Residence is located, measured =
"as the crow flies" so to speak, information the applicant believes is =
important to consider in rebutting the presumptions which arise under =
Paragraph 27-15.5 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.5CREVAPREAC>(2)(b) of =
this Division;
e.
how the rules and practices governing the Community Residence's =
operation will actually protect residents from abuse, exploitation, =
fraud, theft, insufficient support, use of illegal drugs or alcohol, and =
misuse of prescription medications;
f.
a disclosure of all instances within the two (2) year period preceding =
the application of any evidence of resident abuse, exploitation, fraud, =
theft, insufficient support, use of illegal drugs or alcohol, and misuse =
of prescription medications;
g.
a disclosure of the steps taken to address matters disclosed in f. =
above, how outcomes are measured for such steps, and the outcomes =
experienced as a result of such steps; and,
h.
a disclosure of all services related to resident disabilities that are =
proposed to be provided and where such services will be provided;
4.
the maximum number of individuals who will reside in the dwelling unit =
for the period of time that the Determination is to be effective; and,
5.
information concerning the relationship between the number of residents =
and the therapeutic benefits to the Community Residence's disabled =
residents.
( Ord. No. 2570, =C2=A7 3, 7-25-2018 =
<https://library.municode.com/fl/plantation/ordinances/code_of_ordinances?=
nodeId=3D906367>)
<>Sec. 27-15.3 - Repetitive Applications, Qualified Stay.
(1)
An application for a reasonable accommodation for a Lot shall not be =
accepted by the PZED Department (including an amendment to a prior =
application), during any time period:
(a)
in which the Lot has a pending application for a reasonable =
accommodation; or,
(b)
is within a six (6) month period of time from the later of: 1. the date =
the most recent prior application for a reasonable accommodation for =
such Lot was accepted by the PZED Department, or 2. the date the =
Determination was issued for the most recent prior application for a =
reasonable accommodation for such Lot (this Paragraph (1)(b) being =
written to take into consideration the possibility that an application =
for a reasonable accommodation may be withdrawn, or may be deemed =
withdrawn or abandoned, prior to a Determination being made).
(2)
The provisions of Subsection (1) shall not be applied to prevent a new =
application for a reasonable accommodation for the subject Lot which is:
(a)
necessary as a result of new and materially different facts which a =
reasonable person would conclude were not foreseeable at the time the =
prior application was filed; and
(b)
which relate to a different ordinance, rule, policy, or procedure than =
was (were) at issue in the prior application.
(3)
Qualified automatic stay of enforcement.
(a)
In the absence of either a known specific condition which creates risks =
to life safety, or a prior Special Magistrate Final Order or a prior =
Court Final Judgment, after an application for reasonable accommodation =
is filed with the PZED Department, and during the time frame it is =
pending before the City, the City will take no action to enforce the =
specific municipal provision, regulation, policy, or condition which is =
the subject of the application.
(b)
The provisions of paragraph (3)(a) shall not affect the City's ability =
to enforce any municipal ordinance, rule, policy, or procedure which is =
not the subject of the application, or prevent the City from enforcing =
any federal or state or County law.
( Ord. No. 2570, =C2=A7 3, 7-25-2018 =
<https://library.municode.com/fl/plantation/ordinances/code_of_ordinances?=
nodeId=3D906367>)
<>Sec. 27-15.4 - PZED Advisory Review, other Department Review.
(1)
The PZED Department shall review the application and prepare a report =
and recommendation. The PZED Department may request and obtain =
information from other Departments when processing the application, and =
may ask other Departments to comment on the application. When the PZED =
report and recommendation is prepared, the application, the PZED report =
and recommendation, and any other comment(s) received by the PZED =
Department from other Departments which are referenced in the PZED =
Department report and recommendation will be referred to either the =
Chief Administrative Officer (for Determinations made pursuant to =
Section 27-15.6 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE> of this Code) =
or the Special Magistrate (for Determinations made pursuant to Section =
27-15.7 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.7SPMADEPRMOTEDE> of this =
Code.
(2)
When the matter involves a modification or termination of a =
Determination (and the effective date thereof) which is referred by the =
Chief Administrative Officer to the Special Magistrate pursuant to =
Subsection 27-15.9 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.9VIPEMOTE>(5) of this =
Division, the Chief Administrative Officer may direct one or more =
municipal Department(s) to issue a report and recommendation concerning =
the circumstances applicable to the matter in light of the criteria =
identified in Subsection 27-15.9 =
<https://library.municode.com/fl/plantation/codes/code_of_ordinances?nodeI=
d=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.9VIPEMOTE>(5) of this =
Division.
( Ord. No. 2570, =C2=A7 3, 7-25-2018 =
<https://library.municode.com/fl/plantation/ordinances/code_of_ordinances?=
nodeId=3D906367>)
<>Sec. 27-15.5 - Criteria for Evaluation of an Application for a =
Reasonable Accommodation.
(1)
In evaluating an application for a reasonable accommodation, the PZED =
Department, and either the Chief Administrative Officer or Special =
Magistrate, as applicable shall consider:
(a)
whether the requested accommodation is requested by or on the behalf of =
one or more individuals with a disability protected under federal or =
state law;
(b)
whether an accommodation is necessary to provide one or more individuals =
with a disability an equal opportunity to use and enjoy housing;
(c)
the extent to which the relief requested would serve the special needs =
of the disability at issue;
(d)
the physical attributes and conditions of the subject Lot and structures =
and improvements thereon, and whether they are compliant with applicable =
provisions of the Florida Building Code and Florida Fire Prevention =
Code;
(e)
whether the type of accommodation requested or the objective the =
accommodation seeks will foreseeably impose an undue financial or =
administrative burden on the City (to determine these burdens, the City =
may consider: 1. prior experience with the applicant or operator, or =
property owner, or some or all of the foregoing, 2. prior experience at =
the Lot, 3. prior experience at other properties for which similar types =
of requests have been approved, 4. the City's financial resources, and =
5. the City's personnel time and effort expended in the processes and =
procedures outlined in this Division, in ensuring the conditions and =
limitations of Determinations are followed, in providing services to the =
Lot and to other property where like Determinations have been issued, =
and in enforcing violations of law which relate to the Lot and to other =
property where like Determinations have been issued);
(f)
any evidence that the accommodation would result in a threat to the =
health or safety of individuals, or damage;
(g)
the extent to which the accommodation may impair the policy interests =
served by the ordinance, rule, policy, or procedure affected by the =
application;
(h)
the extent to which a more tailored exception, modification, or =
alternative accommodation to the applicable ordinance, rule, policy, or =
procedure would affect the purposes served by the requested reasonable =
accommodation without the same degree of 1. foreseeable, accompanying =
burdens, or 2. impact to the policy considerations underlying the =
ordinance, rule, policy, or procedure in question, or 3. both 1. and 2.;
(i)
the extent to which the application, if granted, may foreseeably result =
in violations of other law relating to the premises (e.g. parking);
(j)
any specific request or directive from any federal or state agency which =
has been made or received concerning the application; and,
(k)
information provided by the applicant on the reasonable accommodation =
request form and information provided by the PZED Department and any =
other Department concerning the completed application. Information =
provided by City Departments may include information concerning a =
portion of the City to which certain uniform regulations and =
requirements or various combinations thereof apply under the provisions =
of the comprehensive zoning ordinance, as such portion of the City =
surrounding the Lot is demarcated in the professional opinion of the =
PZED Director (the "Surrounding District"). Information provided by City =
Departments may include, but not be limited to, zoning and land use =
information, police incident data, fire rescue data, code enforcement =
data, false burglar or medical alarm data, census data, on-site and =
off-site physical conditions, photographs and aerials of subject Lot and =
of the Surrounding District, Surrounding District information and data =
(i.e. traffic routes that show the boundaries of the Surrounding =
District, interior street patterns, significant physical features, both =
natural and man-made [such as a canals and lakes], population data, =
school locations, park and recreation amenities, and municipal activity =
and projects), and any other relevant information concerning the =
application or issues relevant to the Determination of the application =
for a reasonable accommodation.
(2)
When the application for a reasonable accommodation concerns or involves =
a Community Residence, in addition to the factors set forth in =
Subsection (1) above, the PZED Department shall evaluate the following =
additional criteria, and the Chief Administrative Officer and Special =
Magistrate shall not grant the application or an alternative application =
unless he or she reasonably concludes that the criteria in (a), (b), and =
(c) below are met:
(a)
the Community Residence:
1.
is one whose owner or operator is certified by the credentialing entity =
designated under Section 397.487 of the Florida Statutes, as amended (or =
that the Community Residence is certified by the credentialing entity =
designated under Section 397.487 of the Florida Statutes, as amended), =
or,
2.
is operated in accordance with the Oxford House Manual =C2=A9, or
3.
where neither 1. nor 2. is applicable:
a.
will be operated in a manner effectively similar to the Community =
Residences described 1. or 2.,
b.
Staff, if any, will be adequately trained,
c.
will emulate a biological family,
d.
will be operated to achieve normalization and community integration,
e.
rules and practices governing how the home is operated will protect =
residents from abuse, exploitation, fraud, theft, insufficient support, =
use of illegal drugs or alcohol, and misuse of prescription medications; =
and
(b)
the proposed Community Residence will not interfere with the =
normalization and community integration of the residents of any existing =
Community Residence and that the presence of other nearby Community =
Residences will not interfere with the normalization and community =
integration of the residents of the proposed Community Residence (in =
this regard, if any property line of the Lot where a proposed Community =
Residence is to be located is within Six Hundred Sixty (660) Feet of the =
nearest property line of a Lot where an existing Community Residence is =
situate, measured "as the crow flies" so to speak, rebuttable =
presumptions shall arise that the proposed Community Residence's =
location will interfere with the normalization and community integration =
of the residents of such existing Community Residence, and that the =
location of the existing Community Residence will interfere with the =
normalization and community integration of the residents of the proposed =
Community Residence=E2=80=94which rebuttable presumptions shall require =
clear and convincing evidence to overcome); and
(c)
the primary function and use of the proposed Community Residence is =
residential, and any services are merely incidental to the residential =
use of the Lot. =20
> On Jan 14, 2019, at 4:19 PM, Marihelen Wheeler =
<[log in to unmask]> wrote:
>=20
> Well done! It was a pleasure to have you here and to meet. Thank you =
for coming in to share your time and talents. I'm sure we will have many =
opportunities to work together soon. Stay in touch please. You can watch =
City and county meetings on Channel 12 if you haven't discovered that =
yet! Cheers! Marihelen
>=20
> -----Original Message-----
> From: Diane Bendekovic <[log in to unmask]>
> Sent: Monday, January 14, 2019 4:14 PM
> To: Marihelen Wheeler <[log in to unmask]>
> Subject: Thank you
>=20
> Commissioner Wheeler,
>=20
> Thank you so very much for taking the time to meet with me today. It =
certainly was a pleasure and I hope to be of future assistance. I =
submitted my application to the Economic Development Advisory Committee, =
Land Conservation Board, and Recreation and Open Space Advisory =
Committee.
>=20
> Appreciatively,
> Diane Bendekovic
> 954-980-1137
>=20
>=20
> PLEASE NOTE: Florida has a very broad public records law (F. S. 119). =
All e-mails to and from County Officials and County Staff are kept as =
public records. Your e-mail communications, including your e-mail =
address, may be disclosed to the public and media at any time.
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<html><head><meta http-equiv=3D"Content-Type" content=3D"text/html; =
charset=3Dutf-8"></head><body style=3D"word-wrap: break-word; =
-webkit-nbsp-mode: space; line-break: after-white-space;" class=3D""><div =
class=3D"chunk-title-wrapper" ng-class=3D"{'ins': =
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0}"><div class=3D"chunk-title">Commissioner Wheeler,</div><div =
class=3D"chunk-title"><br class=3D""></div><div class=3D"chunk-title">Per =
one of the areas of discussion: Many of the municipalities in =
Broward and Palm County were experiencing the issue. It was =
extremely problematic in Delray Beach and the issue is mushrooming =
throughout many Florida municipalities. </div><div =
class=3D"chunk-title"><br class=3D""></div><div class=3D"chunk-title">The =
following reasonable accommodation procedures were approved within the =
last few months of my tenure.</div><div class=3D"chunk-title"><br =
class=3D""></div><div class=3D"chunk-title"><br class=3D""></div><div =
class=3D"chunk-title"><br class=3D""></div><div class=3D"chunk-title">Sec.=
27-12. - Reserved.</div></div>
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0}"><div class=3D"chunk-content"><p class=3D"refeditor0" =
block_type=3D"hang"><b class=3D"">Editor's note=E2=80=94 </b>
Ord. No.
<a class=3D"ordinance-link" =
href=3D"https://library.municode.com/fl/plantation/ordinances/code_of_ordi=
nances?nodeId=3D906367" data-product-id=3D"10973" =
data-ordinance-id=3D"906367">
2570
</a>
,<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTICH_S1ESNEMU" data-chunk-id=3D"PTICH_S1ESNEMU" =
class=3D"section-link" data-product-id=3D"10973" data-original-title=3D"" =
title=3D""><span class=3D"popoverPositioner"></span> =C2=A7 1</a>, =
adopted July 25, 2018, repealed<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-12RE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-12RE" =
class=3D"section-link" data-product-id=3D"10973" data-original-title=3D"" =
title=3D""><span class=3D"popoverPositioner" data-original-title=3D"" =
title=3D""></span> =C2=A7 27-12</a>, which pertained to reasonable =
accommodation and derived from
<a class=3D"ordinance-link" =
href=3D"https://library.municode.com/fl/plantation/ordinances/code_of_ordi=
nances?nodeId=3D817987" data-product-id=3D"10973" =
data-ordinance-id=3D"817987">
Ord. No. 2547,</a><a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTICH_S2BO" data-chunk-id=3D"PTICH_S2BO" class=3D"section-link"=
data-product-id=3D"10973"><span class=3D"popoverPositioner"></span> =C2=A7=
2</a>, 7-13-2016
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. The user's attention is directed to =C2=A7=C2=A7<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.1INPUDEFE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.1INPUDEFE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> 27-15.1</a> et seq. for similar =
provisions. =
=
</p></div></div></div><div class=3D"chunk-title"><br =
class=3D""></div><div class=3D"chunk-title">Secs. 27-13=E2=80=9427-15. - =
Reserved.</div></div>
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class=3D""><mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV1GE_SS27-13--27-15RE" class=3D"chunk" =
data-nodetype=3D"" data-nodedepth=3D"4" ng-switch=3D"::chunk.DocType"><div=
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</li><li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D"">
<mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR" class=3D"chunk" =
data-nodetype=3D"" data-nodedepth=3D"3" ng-switch=3D"::chunk.DocType">
<a id=3D"contentAnchor_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR" =
class=3D"anchor-offset"></a>
<div ng-switch-when=3D"1" class=3D"">
<div class=3D"chunk-heading" ng-init=3D"htmlChunkInit()">
<div class=3D"chunk-title-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-title">DIVISION 2. - REASONABLE ACCOMMODATION =
PROCEDURE</div></div>
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class=3D""><mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR" class=3D"chunk" =
data-nodetype=3D"" data-nodedepth=3D"3" ng-switch=3D"::chunk.DocType"><div=
ng-switch-when=3D"1" class=3D""><div class=3D"chunk-heading" =
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</li><li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D"">
<mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.1INPUDEFE" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType">
<a =
id=3D"contentAnchor_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.1INPUDEFE" =
class=3D"anchor-offset"></a>
<div ng-switch-when=3D"1" class=3D"">
<div class=3D"chunk-heading" ng-init=3D"htmlChunkInit()">
<div class=3D"chunk-title-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-title">Sec. 27-15.1 - Intent and Purpose, =
Definitions, Fees.</div></div>
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<p class=3D"incr0">
(1)
=20
</p><p class=3D"content1">
This Division sets forth the City's provisions for =
processing requests for a reasonable
accommodation to the City's residential housing =
ordinances, rules, policies, and procedures
for persons with disabilities as provided by the Federal =
Fair Housing Amendments Act
(42 U.S.C. 3601, et seq.) ("FHA") and Title II of the =
Americans with Disabilities
Act (42 U.S.C. Section 12131 et seq.) ("ADA").
=20
</p><p class=3D"incr0">
(2)
=20
</p>
The City has considered recent studies commissioned by =
the City of Delray Beach (titled,
"Delray Beach, Florida: Principles to Guide Zoning for =
Community Residences for People
with Disabilities,"
and dated August, 2017), the City of Pompano Beach =
(titled,
"Pompano Beach, Florida: Principles to Guide Zoning for =
Community Residences for People
with Disabilities,"
and dated February, 2018), and the City of Fort =
Lauderdale (titled,
"Principles to Guide Zoning for Community Residences for =
People with Disabilities,"
and dated February 13, 2018), which studies were prepared =
by Mr. Daniel Lauber, AICP.
These studies identify significant public purposes of =
furthering beneficial health
goals for certain types of disabled residents, in terms =
of facilitating community
integration and normalization. The studies, in part, =
conclude that when recovery residences
are clustered in an area, or when a recovery residence is =
located within six hundred
and sixty (660) feet from another recovery residence, =
there are material increased
risks that facilitating community integration and =
normalization will be adversely
affected. The regulations in this Division concerning the =
rebuttable presumptions
which arise when recovery residences locate within a six =
hundred sixty (660) foot
separation standard are designed to further such =
significant public interests.
=20
<p class=3D"incr0">
(3)
=20
</p><p class=3D"content1">
For purposes of this Division, an "Administrative Appeal" =
is an available administrative
remedy for an applicant to seek review of a Chief =
Administrative Officer Determination
in certain cases. The remedy involves a de novo, =
quasi-judicial review of the application
which is conducted by the Special Magistrate in =
accordance with Subsection<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> 27-15.6</a>(6) of this Division.
=20
</p><p class=3D"incr0">
(4)
=20
</p><p class=3D"content1">
A "Community Residence" for purposes of this Division is =
a residential living arrangement
of more than three (3) individuals living together in a =
single dwelling unit, where:
(a) not all of such individuals are related to each other =
by bonds of consanguinity,
marriage, legal adoption, or other qualifying =
circumstances identified in the definition
of "Family" in<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-1DE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-1DE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> Section 27-1</a> of this Code; (b) =
one (1) or more of such individuals is experiencing a disability;
(c) all such individuals are living as a single, =
functional family; and (d) the disabled
residents are in need of the mutual support furnished by =
other residents of the dwelling
unit, as well as any incidental support services, if any, =
provided there. The residents
may be self-governing or supervised by a sponsoring =
entity or its staff, which provides
habilitative or rehabilitative services, related to the =
residents' disabilities. The
Community Residence seeks to emulate a biological family =
to normalize its residents
and integrate them into the surrounding community. Its =
primary purpose is to provide
shelter in a family-like environment, and any treatment =
is incidental. The supportive
inter-relationships between residents are an essential =
component of a Community Residence.
A Community Residence which has received and maintained a =
reasonable accommodation
pursuant to this Division shall be considered a =
residential "Family" use for the purposes
of the City's land development regulations, so as to =
implement the policy considerations
of the FHA and ADA. A Community Residence does not =
include any other group living
arrangement for unrelated individuals who are not =
experiencing a disability, nor does
the definition include residential facilities for prison =
pre-parolees or sex offenders.
Community Residences do not include community residential =
homes that are defined in
Section 419.001(1)(a), Florida Statutes, as amended, and =
licensed by the Florida Agency
for Persons with Disabilities, the Florida Department of =
Elderly Affairs, the Florida
Agency for Health Care Administration, or the Florida =
Department of Children and Families.
Community Residences include functional family living =
arrangements of four (4) or
more unrelated individuals that reside in recovery =
residences which are certified
by the credentialing entity designated under Section =
397.487 of the Florida Statutes,
as amended, or which are operated in accordance with the =
Oxford House Manual =C2=A9.
=20
</p><p class=3D"incr0">
(5)
=20
</p><p class=3D"content1">
For purposes of this Division, a "Determination" shall =
mean a decision on an application
for a reasonable accommodation which is made by the Chief =
Administrative Officer under
the provisions of Subsection<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> 27-15.6</a>(3) of this Code, or by =
the Special Magistrate under the provisions of Subsection<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.7SPMADEPRMOTEDE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.7SPMADEPRMOTED=
E" class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> 27-15.7</a>(4) of this Code. The =
word "Determine" means to make a Determination.
=20
</p><p class=3D"incr0">
(6)
=20
</p><p class=3D"content1">
For purposes of this Division, a "disability" is a =
physical or mental impairment that
substantially limits one or more of an individual's major =
life activities, impairs
an individual's ability to live independently, having a =
record of such impairment,
or being regarded as having such an impairment. People =
experiencing or possessing
a "disability" for purposes of this Division do not =
include individuals who are currently
using alcohol or illegal drugs, or who are currently =
using legal drugs to which they
are addicted, or who constitute a direct threat to the =
health and safety of others.
Except as provided in the preceding sentence, an =
individual experiencing a "disability"
is "disabled," and this will include a person that =
qualifies as disabled or handicapped
under the FHA or ADA, or both.
=20
</p><p class=3D"incr0">
(7)
=20
</p><p class=3D"content1">
For purposes of this Division, a "Lot" shall be as =
defined in<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-1DE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV1GE_S27-1DE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> Section 27-1</a> of this Code.
=20
</p><p class=3D"incr0">
(8)
=20
</p><p class=3D"content1">
For purposes of this Division, a "pending application" =
shall mean an application for
a reasonable accommodation which has been accepted by the =
Planning, Zoning, and Economic
Development (PZED) Department and for which:
=20
</p><p class=3D"incr1">
(a)
=20
</p><p class=3D"content2">
the Determination has not been made; or,
=20
</p><p class=3D"incr1">
(b)
=20
</p><p class=3D"content2">
for Chief Administrative Officer Determinations, the =
Determination has been made,
and: 1. the thirty (30) day time frame for an =
Administrative Appeal has not run, or
2. if an Administrative Appeal has been sought, either a =
Final Order of the Special
Magistrate has not been rendered but may still be timely =
made, or if rendered, such
Final Order remains subject to judicial review (i.e. by =
Petition for Writ of Certiorari,
and thereafter, further discretionary, appellate review); =
or,
=20
</p><p class=3D"incr1">
(c)
=20
</p><p class=3D"content2">
for Special Magistrate Determinations, the Determination =
has been made and remains
subject to judicial review (i.e. by Petition for Writ of =
Certiorari, and thereafter,
further discretionary, appellate review).
=20
</p><p class=3D"incr0">
(9)
=20
</p><p class=3D"content1">
For purposes of this Division, a "reasonable =
accommodation" is a change, exception,
or adjustment to an ordinance, rule, policy, or procedure =
that may be necessary for
a person with a disability to have an equal opportunity =
to use and enjoy a dwelling,
including any public or common-use spaces thereof.
=20
</p><p class=3D"incr0">
(10)
=20
</p><p class=3D"content1">
There shall be no fee imposed by the City in connection =
with an application for a
reasonable accommodation under this Division or for an =
Administrative Appeal of a
Chief Administrative Officer Determination to the Special =
Magistrate. The City shall
have no obligation to pay an applicant's or intervenor's =
attorneys fees or costs in
connection with an application, or an Administrative =
Appeal, or any other proceeding
before the Special Magistrate.
=20
</p><p class=3D"historynote0">
(
<a class=3D"ordinance-link" =
href=3D"https://library.municode.com/fl/plantation/ordinances/code_of_ordi=
nances?nodeId=3D906367" data-product-id=3D"10973" =
data-ordinance-id=3D"906367">
Ord. No. 2570, =C2=A7 3, 7-25-2018
</a>
)
=20
</p>
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=20
</mcc-codes-content-chunk>
</li><li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D"">
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id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.2APREAC" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType">
<a =
id=3D"contentAnchor_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.2APREAC" =
class=3D"anchor-offset"></a>
<div ng-switch-when=3D"1" class=3D"">
<div class=3D"chunk-heading" ng-init=3D"htmlChunkInit()">
<div class=3D"chunk-title-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-title">Sec. 27-15.2 - Applications for a =
Reasonable Accommodation.</div></div>
=20
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<div class=3D"mcc_codes_content_action_bar">
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text-primary pull-right">
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<li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D""><mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.2APREAC" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType"><div ng-switch-when=3D"1" class=3D""><div =
class=3D"chunk-heading" ng-init=3D"htmlChunkInit()"><div =
class=3D"mcc_codes_content_action_bar"><div class=3D"btn-group =
action-bar hidden-xs text-primary pull-right">
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</div>
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<div class=3D"chunk-content-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
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0}"><div class=3D"chunk-content"><p class=3D"incr0">
(1)
=20
</p><p class=3D"content1">
A request for reasonable accommodation shall be made by =
completing a reasonable accommodation
request form. The form shall be developed and modified =
from time to time by the PZED
Department consistent with law, and shall be maintained =
by the PZED Department.
=20
</p><p class=3D"incr0">
(2)
=20
</p><p class=3D"content1">
When an applicant has completed the form and has included =
all of the information required,
the form and information shall be filed with the PZED =
Department, and the PZED Department
shall file stamp the form with the date its filing was =
accepted, and such form and
information shall thereafter be considered an =
application. The reasonable accommodation
application shall contain responses to questions, and any =
additional information as
the applicant may determine is necessary for processing =
and evaluating the reasonable
accommodation request. The reasonable accommodation =
request form shall be accessible
on the City's web-site and accessible at the PZED =
Department.
=20
</p><p class=3D"incr0">
(3)
=20
</p><p class=3D"content1">
The applicant may be the property owner, a tenant, a =
governmental agency, a parent
or guardian of the disabled person, a provider of =
services to the disabled person,
or the disabled person; however, in all cases, if the =
property owner is not the applicant,
the property owner shall join in and consent to the =
application and shall be treated
as an "applicant" for the purposes of this Division. In =
all cases, the applicant and
the property owner shall be responsible to comply with =
the requirements of this Division,
and with the conditions or limitations of the =
Determination.
=20
</p><p class=3D"incr0">
(4)
=20
</p><p class=3D"content1">
Should the information provided with a reasonable =
accommodation request form include
medical information or records, including records =
indicating the medical condition,
diagnosis or medical history of a disabled individual, =
the disabled individual may,
at the time such medical information is submitted, =
request that the City, to the extent
allowed by law, treat such medical information as =
confidential information of the
disabled individual. The City shall thereafter endeavor =
to provide written notice
to the disabled individual, and the applicant, of any =
request received by the City
for disclosure of the medical information or =
documentation which the disabled individual
has requested be treated as confidential by the City. The =
City may cooperate with
the disabled individual, to the extent allowed by law, in =
actions initiated by such
individual to oppose the disclosure of such medical =
information or documentation,
but the City shall have no obligation to initiate, =
prosecute or pursue any such action,
or defend against a request for such records, or to incur =
any legal or other expenses
in connection therewith (whether by retention of outside =
counsel or allocation of
internal resources), and the City may comply with any =
records request or judicial
order without prior notice to the disabled individual.
=20
</p><p class=3D"incr0">
(5)
=20
</p><p class=3D"content1">
Submittal requirements. The application shall be made, in =
writing, and shall include
the following information:
=20
</p><p class=3D"incr1">
(a)
=20
</p><p class=3D"content2">
For all applications:
=20
</p><p class=3D"incr2">
1.
=20
</p><p class=3D"content3">
Name and contact information of the applicant;
=20
</p><p class=3D"incr2">
2.
=20
</p><p class=3D"content3">
Signature of applicant;
=20
</p><p class=3D"incr2">
3.
=20
</p><p class=3D"content3">
Date of application;
=20
</p><p class=3D"incr2">
4.
=20
</p><p class=3D"content3">
Owner's consent to the application (it shall be presumed =
that the owner is as indicated
by the most recent ad valorem tax roll information =
concerning the Lot);
=20
</p><p class=3D"incr2">
5.
=20
</p><p class=3D"content3">
Information regarding the Lot at which a reasonable =
accommodation is requested, including
the address, and ad valorem tax folio number or property =
identification number;
=20
</p><p class=3D"incr2">
6.
=20
</p><p class=3D"content3">
The specific ordinance, rule, policy, or procedure for =
which the reasonable accommodation
is being requested;
=20
</p><p class=3D"incr2">
7.
=20
</p><p class=3D"content3">
The specific relief sought by the application and how =
such relief serves the special
needs of the disability at issue;
=20
</p><p class=3D"incr2">
8.
=20
</p><p class=3D"content3">
Information concerning whether the relief requested by =
the applicant is necessary
to provide one or more individuals with a disability an =
equal opportunity to use and
enjoy housing;
=20
</p><p class=3D"incr2">
9.
=20
</p><p class=3D"content3">
If there is to be an on-site supervisor, staff, or =
manager serving the premises, provide
the name and contact information (phone and email) for =
each, and whether they will
reside on the Lot with the disabled persons(s);
=20
</p><p class=3D"incr2">
10.
=20
</p><p class=3D"content3">
Relevant information pertaining to the disability;
=20
</p><p class=3D"incr2">
11.
=20
</p><p class=3D"content3">
A description of all installations or modifications which =
have been made to improvements
on the Lot after the date of the Lot's most recent closed =
building permit, or if there
are none, an Affidavit of No Change executed by the =
property owner (for purposes of
this Paragraph 11, the most recent "closed" building =
permit is that which was: a.
issued for improvements or alterations which have passed =
all inspections and received
a Certificate of Occupancy or a Certificate of Completion =
or equivalent, and b. either:
(i) where only building permits meeting the requirements =
of a. above were issued prior
thereto, or (ii) the building permit meeting the =
requirements of a. above was the
first building permit issued for the Lot in question);
=20
</p><p class=3D"incr2">
12.
=20
</p><p class=3D"content3">
A description of all installations and modifications to =
improvements for the Lot which
are proposed to be made before or during the time frame =
the Determination is to be
effective;
=20
</p><p class=3D"incr2">
13.
=20
</p><p class=3D"content3">
Any other relevant information pertaining to the Lot, and =
the information solicited
by the reasonable accommodation request form;
=20
</p><p class=3D"incr2">
14.
=20
</p><p class=3D"content3">
An irrevocable confirmation by the applicant and the =
property owner (of the Lot) that
the City may inspect the Lot's improvements for =
compliance with applicable provisions
of the Florida Building Code and Florida Fire Prevention =
Code while the application
is pending, and that the City may, after a Determination =
is issued which grants the
accommodation or grants an alternative accommodation, =
periodically inspect such improvements,
after reasonable notice and during reasonable times, for =
compliance with the terms
and conditions of the Determination; and,
=20
</p><p class=3D"incr2">
15.
=20
</p><p class=3D"content3">
The extent of services or programs which will be provided =
to disabled persons at the
Lot, and whether the service provider is licensed or =
certified.
=20
</p><p class=3D"incr1">
(b)
=20
</p><p class=3D"content2">
For applications pertaining to or relating to a Community =
Residence, the following
additional submittals or information shall be required:
=20
</p><p class=3D"incr2">
1.
=20
</p><p class=3D"content3">
whether the Community Residence operator or owner is =
currently certified by the credentialing
entity designated under Section 397.487 of the Florida =
Statutes, as amended (or whether
the Community Residence is currently certified by the =
credentialing entity designated
under Section 397.487 of the Florida Statutes, as =
amended);
=20
</p><p class=3D"incr2">
2.
=20
</p><p class=3D"content3">
whether the Community Residence is operated in accordance =
with the Oxford House Manual
=C2=A9;
=20
</p><p class=3D"incr2">
3.
=20
</p><p class=3D"content3">
if neither 1. nor 2. are applicable, information =
concerning:
=20
</p><p class=3D"incr3">
a.
=20
</p><p class=3D"content4">
the identity, education, licensure, and training of staff =
servicing the Community
Residence;
=20
</p><p class=3D"incr3">
b.
=20
</p><p class=3D"content4">
how the applicant will ensure the home will emulate a =
biological family;
=20
</p><p class=3D"incr3">
c.
=20
</p><p class=3D"content4">
how the home will be operated to achieve normalization =
and community integration;
=20
</p><p class=3D"incr3">
d.
=20
</p><p class=3D"content4">
if any property line of the Lot on which the Community =
Residence is proposed is within
Six Hundred Sixty (660) Feet of the nearest property line =
of a Lot where an existing
Community Residence is located, measured "as the crow =
flies" so to speak, information
the applicant believes is important to consider in =
rebutting the presumptions which
arise under Paragraph<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.5CREVAPREAC" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.5CREVAPREAC" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> 27-15.5</a>(2)(b) of this Division;
=20
</p><p class=3D"incr3">
e.
=20
</p><p class=3D"content4">
how the rules and practices governing the Community =
Residence's operation will actually
protect residents from abuse, exploitation, fraud, theft, =
insufficient support, use
of illegal drugs or alcohol, and misuse of prescription =
medications;
=20
</p><p class=3D"incr3">
f.
=20
</p><p class=3D"content4">
a disclosure of all instances within the two (2) year =
period preceding the application
of any evidence of resident abuse, exploitation, fraud, =
theft, insufficient support,
use of illegal drugs or alcohol, and misuse of =
prescription medications;
=20
</p><p class=3D"incr3">
g.
=20
</p><p class=3D"content4">
a disclosure of the steps taken to address matters =
disclosed in f. above, how outcomes
are measured for such steps, and the outcomes experienced =
as a result of such steps;
and,
=20
</p><p class=3D"incr3">
h.
=20
</p><p class=3D"content4">
a disclosure of all services related to resident =
disabilities that are proposed to
be provided and where such services will be provided;
=20
</p><p class=3D"incr2">
4.
=20
</p><p class=3D"content3">
the maximum number of individuals who will reside in the =
dwelling unit for the period
of time that the Determination is to be effective; and,
=20
</p><p class=3D"incr2">
5.
=20
</p><p class=3D"content3">
information concerning the relationship between the =
number of residents and the therapeutic
benefits to the Community Residence's disabled residents.
=20
</p><p class=3D"historynote0">
(
<a class=3D"ordinance-link" =
href=3D"https://library.municode.com/fl/plantation/ordinances/code_of_ordi=
nances?nodeId=3D906367" data-product-id=3D"10973" =
data-ordinance-id=3D"906367">
Ord. No. 2570, =C2=A7 3, 7-25-2018
</a>
)
=20
</p></div></div>
</div>
=20
</div></mcc-codes-content-chunk>
</li><li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D"">
<mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.3REAPQUST" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType">
<a =
id=3D"contentAnchor_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.3REAPQUST" =
class=3D"anchor-offset"></a>
<div ng-switch-when=3D"1" class=3D"">
<div class=3D"chunk-heading" ng-init=3D"htmlChunkInit()">
<div class=3D"chunk-title-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-title">Sec. 27-15.3 - Repetitive Applications, =
Qualified Stay.</div></div>
=20
=20
=20
<div class=3D"mcc_codes_content_action_bar">
=20
=20
<div class=3D"btn-group action-bar hidden-xs =
text-primary pull-right">
=
</div></div></div></div></div></mcc-codes-content-chunk></li>
=20
=20
<li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D""><mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.3REAPQUST" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType"><div ng-switch-when=3D"1" class=3D""><div =
class=3D"chunk-heading" ng-init=3D"htmlChunkInit()"><div =
class=3D"mcc_codes_content_action_bar"><div class=3D"btn-group =
action-bar hidden-xs text-primary pull-right">
=20
=20
=20
</div>
</div>
</div>
=20
=20
=20
<div class=3D"chunk-content-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-content"><p class=3D"incr0">
(1)
=20
</p><p class=3D"content1">
An application for a reasonable accommodation for a Lot =
shall not be accepted by the
PZED Department (including an amendment to a prior =
application), during any time period:
=20
</p><p class=3D"incr1">
(a)
=20
</p><p class=3D"content2">
in which the Lot has a pending application for a =
reasonable accommodation; or,
=20
</p><p class=3D"incr1">
(b)
=20
</p><p class=3D"content2">
is within a six (6) month period of time from the later =
of: 1. the date the most recent
prior application for a reasonable accommodation for such =
Lot was accepted by the
PZED Department, or 2. the date the Determination was =
issued for the most recent prior
application for a reasonable accommodation for such Lot =
(this Paragraph (1)(b) being
written to take into consideration the possibility that =
an application for a reasonable
accommodation may be withdrawn, or may be deemed =
withdrawn or abandoned, prior to
a Determination being made).
=20
</p><p class=3D"incr0">
(2)
=20
</p><p class=3D"content1">
The provisions of Subsection (1) shall not be applied to =
prevent a new application
for a reasonable accommodation for the subject Lot which =
is:
=20
</p><p class=3D"incr1">
(a)
=20
</p><p class=3D"content2">
necessary as a result of new and materially different =
facts which a reasonable person
would conclude were not foreseeable at the time the prior =
application was filed; and
=20
</p><p class=3D"incr1">
(b)
=20
</p><p class=3D"content2">
which relate to a different ordinance, rule, policy, or =
procedure than was (were)
at issue in the prior application.
=20
</p><p class=3D"incr0">
(3)
=20
</p><p class=3D"content1">
Qualified automatic stay of enforcement.
=20
</p><p class=3D"incr0">
(a)
=20
</p><p class=3D"content1">
In the absence of either a known specific condition which =
creates risks to life safety,
or a prior Special Magistrate Final Order or a prior =
Court Final Judgment, after an
application for reasonable accommodation is filed with =
the PZED Department, and during
the time frame it is pending before the City, the City =
will take no action to enforce
the specific municipal provision, regulation, policy, or =
condition which is the subject
of the application.
=20
</p><p class=3D"incr0">
(b)
=20
</p><p class=3D"content1">
The provisions of paragraph (3)(a) shall not affect the =
City's ability to enforce
any municipal ordinance, rule, policy, or procedure which =
is not the subject of the
application, or prevent the City from enforcing any =
federal or state or County law.
=20
</p><p class=3D"historynote0">
(
<a class=3D"ordinance-link" =
href=3D"https://library.municode.com/fl/plantation/ordinances/code_of_ordi=
nances?nodeId=3D906367" data-product-id=3D"10973" =
data-ordinance-id=3D"906367">
Ord. No. 2570, =C2=A7 3, 7-25-2018
</a>
)
=20
</p></div></div>
</div>
=20
</div></mcc-codes-content-chunk>
</li><li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D"">
<mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.4PZADREOTDERE" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType">
<a =
id=3D"contentAnchor_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.4PZADREOTDE=
RE" class=3D"anchor-offset"></a>
<div ng-switch-when=3D"1" class=3D"">
<div class=3D"chunk-heading" ng-init=3D"htmlChunkInit()">
<div class=3D"chunk-title-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-title">Sec. 27-15.4 - PZED Advisory Review, =
other Department Review.</div></div>
=20
=20
=20
<div class=3D"mcc_codes_content_action_bar">
=20
=20
<div class=3D"btn-group action-bar hidden-xs =
text-primary pull-right">
=
</div></div></div></div></div></mcc-codes-content-chunk></li>
=20
=20
<li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D""><mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.4PZADREOTDERE" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType"><div ng-switch-when=3D"1" class=3D""><div =
class=3D"chunk-heading" ng-init=3D"htmlChunkInit()"><div =
class=3D"mcc_codes_content_action_bar"><div class=3D"btn-group =
action-bar hidden-xs text-primary pull-right">
=20
=20
=20
</div>
</div>
</div>
=20
=20
=20
<div class=3D"chunk-content-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-content"><p class=3D"incr0">
(1)
=20
</p><p class=3D"content1">
The PZED Department shall review the application and =
prepare a report and recommendation.
The PZED Department may request and obtain information =
from other Departments when
processing the application, and may ask other Departments =
to comment on the application.
When the PZED report and recommendation is prepared, the =
application, the PZED report
and recommendation, and any other comment(s) received by =
the PZED Department from
other Departments which are referenced in the PZED =
Department report and recommendation
will be referred to either the Chief Administrative =
Officer (for Determinations made
pursuant to<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.6CHADOFDE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> Section 27-15.6</a> of this Code) or =
the Special Magistrate (for Determinations made pursuant to<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.7SPMADEPRMOTEDE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.7SPMADEPRMOTED=
E" class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> Section 27-15.7</a> of this Code.
=20
</p><p class=3D"incr0">
(2)
=20
</p><p class=3D"content1">
When the matter involves a modification or termination of =
a Determination (and the
effective date thereof) which is referred by the Chief =
Administrative Officer to the
Special Magistrate pursuant to Subsection<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.9VIPEMOTE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.9VIPEMOTE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> 27-15.9</a>(5) of this Division, the =
Chief Administrative Officer may direct one or more municipal
Department(s) to issue a report and recommendation =
concerning the circumstances applicable
to the matter in light of the criteria identified in =
Subsection<a =
href=3D"https://library.municode.com/fl/plantation/codes/code_of_ordinance=
s?nodeId=3DPTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.9VIPEMOTE" =
data-chunk-id=3D"PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.9VIPEMOTE" =
class=3D"section-link" data-product-id=3D"10973"><span =
class=3D"popoverPositioner"></span> 27-15.9</a>(5) of this Division.
=20
</p><p class=3D"historynote0">
(
<a class=3D"ordinance-link" =
href=3D"https://library.municode.com/fl/plantation/ordinances/code_of_ordi=
nances?nodeId=3D906367" data-product-id=3D"10973" =
data-ordinance-id=3D"906367">
Ord. No. 2570, =C2=A7 3, 7-25-2018
</a>
)
=20
</p></div></div>
</div>
=20
</div></mcc-codes-content-chunk>
</li><li data-ng-repeat=3D"chunk in vm.content.chunks" =
class=3D"">
<mcc-codes-content-chunk class=3D""><div =
id=3D"c_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.5CREVAPREAC" =
class=3D"chunk" data-nodetype=3D"" data-nodedepth=3D"4" =
ng-switch=3D"::chunk.DocType">
<a =
id=3D"contentAnchor_PTIICOOR_CH27ZO_ARTIINGE_DIV2REACPR_S27-15.5CREVAPREAC=
" class=3D"anchor-offset"></a>
<div ng-switch-when=3D"1" class=3D"">
<div class=3D"chunk-heading" ng-init=3D"htmlChunkInit()">
<div class=3D"chunk-title-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-title">Sec. 27-15.5 - Criteria for Evaluation of =
an Application for a Reasonable Accommodation.</div></div>
=20
=20
=20
<div class=3D"mcc_codes_content_action_bar">
=20
=20
<div class=3D"btn-group action-bar hidden-xs =
text-primary pull-right">
=
</div></div></div></div></div></mcc-codes-content-chunk></li>
=20
=20
<div class=3D"chunk-heading" =
ng-init=3D"htmlChunkInit()"><div =
class=3D"mcc_codes_content_action_bar"><div class=3D"btn-group =
action-bar hidden-xs text-primary pull-right">
=20
=20
=20
</div>
</div>
</div>
=20
=20
=20
<div class=3D"chunk-content-wrapper" ng-class=3D"{'ins': =
$root.mccStateParams.product.Features.CodeBankCompare && =
$root.$stateParams.showChanges && chunk.CompareStatus =3D=3D =
0}"><div class=3D"chunk-content"><p class=3D"incr0">
(1)
=20
</p><p class=3D"content1">
In evaluating an application for a reasonable =
accommodation, the PZED Department,
and either the Chief Administrative Officer or Special =
Magistrate, as applicable shall
consider:
=20
</p><p class=3D"incr1">
(a)
=20
</p><p class=3D"content2">
whether the requested accommodation is requested by or on =
the behalf of one or more
individuals with a disability protected under federal or =
state law;
=20
</p><p class=3D"incr1">
(b)
=20
</p><p class=3D"content2">
whether an accommodation is necessary to provide one or =
more individuals with a disability
an equal opportunity to use and enjoy housing;
=20
</p><p class=3D"incr1">
(c)
=20
</p><p class=3D"content2">
the extent to which the relief requested would serve the =
special needs of the disability
at issue;
=20
</p><p class=3D"incr1">
(d)
=20
</p><p class=3D"content2">
the physical attributes and conditions of the subject Lot =
and structures and improvements
thereon, and whether they are compliant with applicable =
provisions of the Florida
Building Code and Florida Fire Prevention Code;
=20
</p><p class=3D"incr1">
(e)
=20
</p><p class=3D"content2">
whether the type of accommodation requested or the =
objective the accommodation seeks
will foreseeably impose an undue financial or =
administrative burden on the City (to
determine these burdens, the City may consider: 1. prior =
experience with the applicant
or operator, or property owner, or some or all of the =
foregoing, 2. prior experience
at the Lot, 3. prior experience at other properties for =
which similar types of requests
have been approved, 4. the City's financial resources, =
and 5. the City's personnel
time and effort expended in the processes and procedures =
outlined in this Division,
in ensuring the conditions and limitations of =
Determinations are followed, in providing
services to the Lot and to other property where like =
Determinations have been issued,
and in enforcing violations of law which relate to the =
Lot and to other property where
like Determinations have been issued);
=20
</p><p class=3D"incr1">
(f)
=20
</p><p class=3D"content2">
any evidence that the accommodation would result in a =
threat to the health or safety
of individuals, or damage;
=20
</p><p class=3D"incr1">
(g)
=20
</p><p class=3D"content2">
the extent to which the accommodation may impair the =
policy interests served by the
ordinance, rule, policy, or procedure affected by the =
application;
=20
</p><p class=3D"incr1">
(h)
=20
</p><p class=3D"content2">
the extent to which a more tailored exception, =
modification, or alternative accommodation
to the applicable ordinance, rule, policy, or procedure =
would affect the purposes
served by the requested reasonable accommodation without =
the same degree of 1. foreseeable,
accompanying burdens, or 2. impact to the policy =
considerations underlying the ordinance,
rule, policy, or procedure in question, or 3. both 1. and =
2.;
=20
</p><p class=3D"incr1">
(i)
=20
</p><p class=3D"content2">
the extent to which the application, if granted, may =
foreseeably result in violations
of other law relating to the premises (e.g. parking);
=20
</p><p class=3D"incr1">
(j)
=20
</p><p class=3D"content2">
any specific request or directive from any federal or =
state agency which has been
made or received concerning the application; and,
=20
</p><p class=3D"incr1">
(k)
=20
</p><p class=3D"content2">
information provided by the applicant on the reasonable =
accommodation request form
and information provided by the PZED Department and any =
other Department concerning
the completed application. Information provided by City =
Departments may include information
concerning a portion of the City to which certain uniform =
regulations and requirements
or various combinations thereof apply under the =
provisions of the comprehensive zoning
ordinance, as such portion of the City surrounding the =
Lot is demarcated in the professional
opinion of the PZED Director (the "Surrounding =
District"). Information provided by
City Departments may include, but not be limited to, =
zoning and land use information,
police incident data, fire rescue data, code enforcement =
data, false burglar or medical
alarm data, census data, on-site and off-site physical =
conditions, photographs and
aerials of subject Lot and of the Surrounding District, =
Surrounding District information
and data (i.e. traffic routes that show the boundaries of =
the Surrounding District,
interior street patterns, significant physical features, =
both natural and man-made
[such as a canals and lakes], population data, school =
locations, park and recreation
amenities, and municipal activity and projects), and any =
other relevant information
concerning the application or issues relevant to the =
Determination of the application
for a reasonable accommodation.
=20
</p><p class=3D"incr0">
(2)
=20
</p><p class=3D"content1">
When the application for a reasonable accommodation =
concerns or involves a Community
Residence, in addition to the factors set forth in =
Subsection (1) above, the PZED
Department shall evaluate the following additional =
criteria, and the Chief Administrative
Officer and Special Magistrate shall not grant the =
application or an alternative application
unless he or she reasonably concludes that the criteria =
in (a), (b), and (c) below
are met:
=20
</p><p class=3D"incr1">
(a)
=20
</p><p class=3D"content2">
the Community Residence:
=20
</p><p class=3D"incr2">
1.
=20
</p><p class=3D"content3">
is one whose owner or operator is certified by the =
credentialing entity designated
under Section 397.487 of the Florida Statutes, as amended =
(or that the Community Residence
is certified by the credentialing entity designated under =
Section 397.487 of the Florida
Statutes, as amended), or,
=20
</p><p class=3D"incr2">
2.
=20
</p><p class=3D"content3">
is operated in accordance with the Oxford House Manual =
=C2=A9, or
=20
</p><p class=3D"incr2">
3.
=20
</p><p class=3D"content3">
where neither 1. nor 2. is applicable:
=20
</p><p class=3D"incr3">
a.
=20
</p><p class=3D"content4">
will be operated in a manner effectively similar to the =
Community Residences described
1. or 2.,
=20
</p><p class=3D"incr3">
b.
=20
</p><p class=3D"content4">
Staff, if any, will be adequately trained,
=20
</p><p class=3D"incr3">
c.
=20
</p><p class=3D"content4">
will emulate a biological family,
=20
</p><p class=3D"incr3">
d.
=20
</p><p class=3D"content4">
will be operated to achieve normalization and community =
integration,
=20
</p><p class=3D"incr3">
e.
=20
</p><p class=3D"content4">
rules and practices governing how the home is operated =
will protect residents from
abuse, exploitation, fraud, theft, insufficient support, =
use of illegal drugs or alcohol,
and misuse of prescription medications; and
=20
</p><p class=3D"incr1">
(b)
=20
</p><p class=3D"content2">
the proposed Community Residence will not interfere with =
the normalization and community
integration of the residents of any existing Community =
Residence and that the presence
of other nearby Community Residences will not interfere =
with the normalization and
community integration of the residents of the proposed =
Community Residence (in this
regard, if any property line of the Lot where a proposed =
Community Residence is to
be located is within Six Hundred Sixty (660) Feet of the =
nearest property line of
a Lot where an existing Community Residence is situate, =
measured "as the crow flies"
so to speak, rebuttable presumptions shall arise that the =
proposed Community Residence's
location will interfere with the normalization and =
community integration of the residents
of such existing Community Residence, and that the =
location of the existing Community
Residence will interfere with the normalization and =
community integration of the residents
of the proposed Community Residence=E2=80=94which =
rebuttable presumptions shall require clear
and convincing evidence to overcome); and
=20
</p><p class=3D"incr1">
(c)
=20
</p><p class=3D"content2">
the primary function and use of the proposed Community =
Residence is residential, and
any services are merely incidental to the residential use =
of the Lot. =
</p></div></div><div><br =
class=3D""><blockquote type=3D"cite" class=3D""><div class=3D"">On Jan =
14, 2019, at 4:19 PM, Marihelen Wheeler <<a =
href=3D"mailto:[log in to unmask]" =
class=3D"">[log in to unmask]</a>> wrote:</div><br =
class=3D"Apple-interchange-newline"><div class=3D""><div class=3D"">Well =
done! It was a pleasure to have you here and to meet. Thank you for =
coming in to share your time and talents. I'm sure we will have many =
opportunities to work together soon. Stay in touch please. You can watch =
City and county meetings on Channel 12 if you haven't discovered that =
yet! Cheers! Marihelen<br class=3D""><br class=3D"">-----Original =
Message-----<br class=3D"">From: Diane Bendekovic <<a =
href=3D"mailto:[log in to unmask]" =
class=3D"">[log in to unmask]</a>><br class=3D"">Sent: Monday, =
January 14, 2019 4:14 PM<br class=3D"">To: Marihelen Wheeler <<a =
href=3D"mailto:[log in to unmask]" =
class=3D"">[log in to unmask]</a>><br class=3D"">Subject: =
Thank you<br class=3D""><br class=3D"">Commissioner Wheeler,<br =
class=3D""><br class=3D"">Thank you so very much for taking the time to =
meet with me today. It certainly was a pleasure and I =
hope to be of future assistance. I submitted my =
application to the Economic Development Advisory Committee, Land =
Conservation Board, and Recreation and Open Space Advisory Committee.<br =
class=3D""><br class=3D"">Appreciatively,<br class=3D"">Diane =
Bendekovic<br class=3D"">954-980-1137<br class=3D""><br class=3D""><br =
class=3D"">PLEASE NOTE: Florida has a very broad public records law (F. =
S. 119). All e-mails to and from County Officials and County Staff are =
kept as public records. Your e-mail communications, including your =
e-mail address, may be disclosed to the public and media at any time.<br =
class=3D""></div></div></blockquote></div><br class=3D""></body></html>=
<br>
<hr>
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--Apple-Mail=_2652B235-1BEE-434A-9136-006CDE582A3D--
=========================================================================
Date: Mon, 14 Jan 2019 17:00:58 -0500
Reply-To: [log in to unmask]
Sender: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Comments: Resent-From: <[log in to unmask]>
Comments: Originally-From: <[log in to unmask]>
From: [log in to unmask]
Subject: [gainesvillepressrelease] City of Gainesville Press Release: City
Commission Workshop Agenda for January 16
Comments: To: County Commission <[log in to unmask]>
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<td align=3D"left"><table style=3D"WIDTH: 100%" cellspacing=3D"1" cellpadd=
ing=3D"1" align=3D"top" border=3D"0">
<tbody>
<tr>
<td width=3D"52%" align=3D"left"><font face=3D"verdana,arial,helvetica,=
sans-serif"><font size=3D"2"><a href=3D"=
http://lists.gvlfl.org/t/247900/59370/30/3/=
"><img src=3D"http://www.cityofgainesville.org/Portals/0/cmo/CoG wordmark.p=
ng" alt=3D"Go To Website" width=3D"270" height=3D"102" border=3D"0" /></a>=
</font></font></td>
<td width=3D"48%" align=3D"left"><p><strong>Contact: </strong>Chip Skin=
ner, Asst. Public Information Officer<br>
<strong>Email: </strong><a href=3D"mailto: GainesvillePIO@cityofgaine=
sville.org">[log in to unmask]</a><br>
<strong>Telephone: </strong>352-393‑7842<br>
<br>
<strong>Release Date:</strong> <em>January 14, 2019 </em></p></td>
</tr>
<tr>
<td> </td>
<td> </td>
</tr>
</tbody>
</table>
<hr />
=20
<div align=3D"center">
<p><strong> City Commission Workshop Agenda for January 16</strong><=
/p>
</div>
<p><em>GAINESVILLE, Fla</em>. - The Gainesville City Commission is hol=
ding a workshop Wednesday, Jan. 16 at 2 p.m. in the GRU multipurpose room, =
which is located at 301 SE Fourth St. This agenda is subject to revision=
s. Changes to the scheduled agenda may occur prior to and/or at the start =
of the meeting.</p>
<p><strong>Items of interest on this agenda include:</strong><table width=
=3D"680" border=3D"0" cellspacing=3D"2">
<tr>
<td width=3D"74" align=3D"center"><strong><u>Item No.</u></strong></td>
<td width=3D"596"><strong><u>Title</u></strong></td>
</tr>
<tr>
<td align=3D"center">180211</td>
<td>General Fund Transfer Resolution Discussion</td>
</tr>
<tr>
<td align=3D"center"></td>
<td></td>
</tr> =20
</table>
<p><a href=3D"=
http://lists.gvlfl.org/t/247900/59370/2766/4/=
" target=3D"_blank"><strong>View the most current complete special/consent =
agenda and backup materials</strong></a></p>
<p> The public is encouraged to attend the meetings or view them after the =
meeting's conclusion on the city's <a href=3D"=
http://lists.gvlfl.org/t/247900/59370/1553/5/=
" target=3D"_blank">Video on Demand</a> webpage. Please note, this meeting =
is not televised, but will be available on the city's website no later than=
one business day after.</p>
<p>Gainesville residents can stay in touch with what is going on in our co=
mmunity in a variety of ways. Visit our <a href=3D"=
http://lists.gvlfl.org/t/247900/59370/1555/6/=
">Get Connected webpage</a> to decide which method works best for you. </p=
>
<p>For more information, contact the City of Gainesville Communications Of=
fice at 352-334-5017 or email <a href=3D"mailto:gainesvillepio@cityofgaines=
ville.org">[log in to unmask]</a>. </p>
<p align=3D"center">###</p>
<p><strong>About the City of Gainesville: </strong>Gainesville is defining =
a new kind of city - a new American city - that aspires to become a model f=
or other communities by solving critical issues through collaboration and i=
ntentional design. The purpose of our city is the people of our city.</p>
<hr />
<p>To manage your subscription to this list, please visit <a href=3D"=
http://lists.gvlfl.org/t/247900/59370/605/7/=
" target=3D"_blank">http://www.cityofgainesville.org/tabid/338/Default.aspx=
</a>.</p></td>
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</p>
=========================================================================
Date: Mon, 14 Jan 2019 22:09:31 +0000
Reply-To: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Sender: Comission email for Marihelen-Wheeler
<[log in to unmask]>
Comments: Resent-From: <[log in to unmask]>
Comments: Originally-From: Commission Clerk
<[log in to unmask]>
From: [log in to unmask]
Subject: FPSC E - service of Document NO. 00189-2019 in Docket
Content-Type: multipart/alternative;
boundary="_000_4E909D88403E2E42AA9292D34C2915F72FA0F2E4EXC2010MBpscsta_"
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--_000_4E909D88403E2E42AA9292D34C2915F72FA0F2E4EXC2010MBpscsta_
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The document described below has been filed with the Florida Public Service=
Commission and issued by the Office of Commission Clerk. You are being pro=
vided this information electronically, because you are a party of record or=
an interested person in this docket.
NOTICE: E-mail replies from this address are not monitored or read. Should =
you have any difficulty accessing this document, please forward this e-mail=
to [log in to unmask], explaining the problem and a Deputy Clerk will a=
ssist you. Please do not alter the subject line, as it is used for processi=
ng.
DOCUMENT NO.
DESCRIPTION
00189-2019<http://www.psc.state.fl.us/ClerkOffice/ShowDocket?cdocument=3D00=
189-2019>
Consummating order PSC-2019-0028-CO-WU makes Order PSC-2018-0587-PAA-WU eff=
ective and final; docket shall remain open.
########################################################################
To unsubscribe from the MARIHELEN-WHEELER list, click the following link:
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man"><span style=3D"font-size:12.0pt;color:blue">The document described bel=
ow has been filed with the Florida Public Service Commission and issued by =
the Office of Commission Clerk. You are being
provided this information electronically, because you are a party of recor=
d or an interested person in this docket.
<br>
<br>
<i><span style=3D"font-style:italic">NOTICE: E-mail replies from this addre=
ss are not monitored or read. Should you have any difficulty accessing this=
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<p class=3D"MsoNormal" style=3D"margin-bottom:12.0pt"><font size=3D"3" face=
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<p class=3D"MsoNormal"><b><font size=3D"3" face=3D"Times New Roman"><span s=
tyle=3D"font-size:12.0pt;font-weight:bold">DOCUMENT NO.
</span></font></b><o:p></o:p></p>
</td>
<td style=3D"padding:3.75pt 3.75pt 3.75pt 3.75pt">
<p class=3D"MsoNormal"><b><font size=3D"3" face=3D"Times New Roman"><span s=
tyle=3D"font-size:12.0pt;font-weight:bold">DESCRIPTION
</span></font></b><o:p></o:p></p>
</td>
</tr>
<tr>
<td style=3D"padding:3.75pt 3.75pt 3.75pt 3.75pt">
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Times New Roman"><span styl=
e=3D"font-size:12.0pt"><a href=3D"http://www.psc.state.fl.us/ClerkOffice/Sh=
owDocket?cdocument=3D00189-2019">00189-2019</a><o:p></o:p></span></font></p=
>
</td>
<td style=3D"padding:3.75pt 3.75pt 3.75pt 3.75pt">
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Times New Roman"><span styl=
e=3D"font-size:12.0pt">Consummating order PSC-2019-0028-CO-WU makes Order P=
SC-2018-0587-PAA-WU effective and final; docket shall remain open.<o:p></o:=
p></span></font></p>
</td>
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</tbody>
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</div>
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