Agenda - Planning Commission - 04/04/1995

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"i Z.B. ; ! February 15, 1995 --Page 7 and resoue services for the past 20 years, but they had never paid for storm water m.~nagement services. The Court declared the churches did not have to pay for storm water man- agemen~ services, but 'did have to pay for fire and rescue services. Both the churche~ and the county appealed. DECISION: Affirmed. AlthDugh churches were exempt from taxation in Florida, they had to pay for the fire and rescue services because they were special assessments, not taxes. Unlike a tax, a special assessment must benefit the land. the'landoWner who has[to pay it gets a special benefit in the enhanced x/alue 0fthe property. The chu!ches had been paying for 'th6se services for over 20 years. Therefore, their request to stop paying was properly denied. . . HoWever, the churches did not have to pay .for storm water ma~aagement servicesi Since storm water management service~ benefited the whole commu- nity and[ did not give. the churches any direct benefit, they were not special assessments. Fire ~istrict No. I of Polk County v. Jenkins, 221 So.2d 740 '(1969). · South Trail Fire Control District,.Sarasota County v. State, 273 So. 2d 380 (1973). Fees -- ~and and Gravel Mine'Fined $125,500 for Mining Without a Permit Carl~on Associates v. Jorling, 614 N.Y.S. 2d 20 (New York) i994 " Carl~on Associates ~ ' ' ' ' operated a sand and gravel m~mng bus~ness in Kings Park, N.Y. The state Department of Environmental Conservation (DEC) sent Carlson ~t notice of violation, stating, that the company was mining without a permit. '.After a hearing, the DEC commissioner fined Carlson $125,500 and ordered !t to stop it§ 0peration~. Carl'~on sued the DEC, claiming ~he fine and order were. unfair. The' DEC asked thp court to Stop Carlson's mining operation'becatise it was a public nuisance. The court dismissed the fine,, but ordered Carlson to Stop using some parcels as mining sites because it wak a nuisance. The bEC and Carlsonb0{h ~ipPeMed.' · ' "' ' "" DECISI ~0N: Reversed and retu.rned to. the lOwer court.' The Commissioner properly found Carlson' violated the ordinance by min- ing the 14nd without a permit. Therefore, the lower court should n°t .have an' nulled th~ commissioner's decision., .. 'How.ever, the finding/hat Carlson's mining operation was a public nui- sance wa~ wrong. The commidsioner Presented this argument too late for Carlson to respo4d at the hearing. A trial was needed on this claim. New~-ll v. Town of Clifton Park, 567 N. Y.S. 2d 967. Matt}; of James H. Rarnbo Inc. v. Jorling, 576 N.Y.S. 2d 292.