HomeMy WebLinkAboutAgenda Council Agenda 121902The Workshop Agenda starts on page #2
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The Council Agenda starts on page #5
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Cit of Palm Beach Gardens
Y
Council Worksho A enda
p g
December 19, 2002
�
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Sabatello
Council Member Clark
Council Member Russo
Council Member Delgado
CITY OF PALM BEACH GARDENS
CITY COUNCIL WORKSHOP
December 19, 2002
6:00 P.M.
L PLEDGE OF ALLEGIANCE
IL ROLL CALL
IIL ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Land Acquisition/Bond Referendum
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
VL CITY MANAGER REPORT:
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please
submit request form to the Citv Clerk prior to this Item)
VIIL CONSENT AGENDA:
IX. PUBLIC HEARINGS:
X. RESOLUTIONS:
XL ORDINANCES: (For Consideration on First Reading)
XIL ITEMS FOR COUNCIL ACTION:
XIIL ITEMS FOR DISCUSSION:
a. Land Acquisition/Bond Referendum
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
In accoNdance tivith the Ame�icans tivith Disabilities Act and FZoNida .S'tatute 86.26,
peNSOns tivith disabilities needing special accommodations to paNticipate in this
pNOCeeding should contact the City CZeNk's DepaNtment, no ZateN than 5 days pNioN to
the pNOCeeding at telephone numbeN (561) 799-4120 foN assistance; if heaNing
impaiNed, telephone the FZoNida Relay .S'e�vice NumbeNS (800) 955-8771 (TDD) oN (800)
955-8700 (T�OICE), foN assistance. If a peNSOn decides to appeal any decision made by
the Council, tivith Nespect to any matteN consideNed at such meeting oN heaNing, they tivill
need a NecoNd of the pNOCeedings, and foN such puNpose, they may need to ensuNe that a
veNbatim NecoNd of the pNOCeedings is made, tivhich NecoNd includes the testimony and
evidence upon tivhich the appeal is to be basec�
Cit of Palm Beach Gardens
Y
Council A enda
g
December 19, 2002
�
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Sabatello
Council Member Clark
Council Member Russo
Council Member Delgado
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
December 19, 2002
7:00 P.M.
L PLEDGE OF ALLEGIANCE
IL ROLL CALL
IIL ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
Gas Pi eline - Pa e 376
VL CITY MANAGER REPORT:
a. Paae 12 Mayors Golf Tournament Scholarship Presentation.
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please
submit request form to the Citv Clerk prior to this Item)
VIIL CONSENT AGENDA:
a. Paae 13 Consideration of approving Minutes from the November 21,
2002 Regular City Council Meeting.
b. (Pa�e 18) Resolution 221, 2002 — Agreement with Bellsouth.
Consideration of accepting a proposal from Bellsouth to provide
equipment and installation for the upgrading of the City's Telephone
System.
c. (Pa�e 34) Resolution 224, 2002 — Evergrene PCD-Plat 4(Parcel 3)
Subdivision Plat. Consideration for approving the Evergrene PCD-Plat 4
Subdivision Pla�
d. (Pa�e 38) Resolution 229, 2002 — Approve appointment of two (2)
members to the Board of Trustees of the City of Palm Beach Gardens
Police Officers' Retirement Trust Fund. Consideration for approving the
appointment of two (2) members to the Board of Trustees of the City of
Palm Beach Gardens Police Officer's Retirement Trust Fund.
e. (Pa�e 46) Resolution 230, 2002 — Contract with Hardrives, Inc.
Consideration for approving an agreement with Hardrives, Inc. for the
widening of the EPB-3D Canal within Pine Tree Boulevard right-Of-Way.
IX. PUBLIC HEARINGS:
a. (Pa�e 99) Ordinance 43, 2002 — Submitting to Referendum an
Amendment to Article VI of the City's Charter (Second Reading). An
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VI of the City Charter,
"Administration as Council-Manager Form of Government," by amending
Section 6-1, "City Manager," to remove unnecessary language regarding
the appointment persons to act on the City Manager's behalf in the event
of absence or disability, to delete the residency requirement and
procedures for removal or suspension and to allow the City Manager to
appoint and remove Department Heads, including the City Engineer,
execute contracts as prescribed by the Council and exercise powers
consistent with the Council-Manager form of government; providing for
the title of the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date.
b. (Pa�e 111) Ordinance 44, 2002 — Submitting to Referendum an
Amendment to Article VI of the City's Charter (Second Reading). An
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VI of the City Charter,
"Administration as Council-Manager Form of Government," by amending
Section 6-2, "City attorney," to allow the City Manager to hire the City
attorney and determine the City Attorney's compensation and benefits and
to clarify that the City Council or the City Manager may hire additional
Special Counsel to serve as Legal Advisors; providing for the title of the
referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
c. (Pa�e 122) Ordinance 45, 2002 — Submitting to Referendum an
Amendment to Article VII of the City's Charter (Second Reading). An
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VII of the City Charter,
"Merit Systein," by amending Section 7-2, "Personnel Systein," to allow
the City Manager to adopt, regulate and maintain a personnel system and
to remove the requirement that the personnel system be adopted by
ordinance; providing for the title of the referendum ballot and explanatory
statement; providing for advertising; providing for codification; providing
for conflicts; providing for severability; and providing for an effective
date.
d. (Pa�e 132) Ordinance 46, 2002 — Submitting to Referendum an
Amendment to Article VIII of the City Charter (Second Reading). An
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article VIII of the City
Charter, "Department Heads," by deleting Section 8-1, "Salary, Duties,
Powers and Complaint," as unnecessary and obsolete; providing for the
title of the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date.
e. (Pa�e 143) Ordinance 47, 2002 Submitting to Referendum an Amendment
to Article IX of the City's Charter (Second Reading). An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article IX of the City Charter,
"Appointment, Powers and Duties of City Officers," by amending Section
9-1, "Powers and Duties of the Mayor," to delete any reference to the
"Chief Executive Officer" and to clarify the Mayor's duties consistent
with the Council-Manager form of Government; providing for the title of
the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date.
£ (Pa�e 154) Ordinance 48, 2002 — Submitting to Referendum an
Amendment to Article XVIII to the City's Charter (Second Reading). An
ordinance of the City Council of the City of Palm Beach Gardens, Florida,
submitting to referendum an amendment to Article XVIII of the City
Charter, "Ordinances and Resolutions," by deleting section 18-1,
"Meeting and Procedure of City Council," and Section 18-3, "Posting or
Publication of Ordinances," as obsolete and inconsistent with Florida
Statutes; providing for the title of the referendum ballot and explanatory
statement; providing for advertising; providing for codification; providing
for conflicts; providing for severability; and providing for an effective
date.
g. (Pa�e 166) Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation
of Retail (Second Reading) (Continued from 12/OS/02 City Council
Meeting). An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for approval of an amendment to the
Oalcbroolc Square Shopping Center Planned Unit Development (PUD) by
adding a new 6,000 square-foot retail building alongside U.S. Highway
One and renovating the existing buildings, located at the northeast corner
of PGA Boulevard and Highway U.S. One, as more particularly described
herein; providing for waivers; providing for conditions of approval;
providing for conflicts; providing for severability; and providing for an
effective date.
h. (Pa�e 225) Ordinance 42, 2002 — Old Palm Community Development
District (Second Reading). An ordinance of the City Council of the City
of Palm Beach Gardens, Florida, establishing a Community Development
District over the real property described in exhibit "A" to this ordinance
comprising approximately 651 acres; naming the initial members of the
Board of Supervisors of the district; establishing the name of the district as
the "Old Palm Community Development District"; designating the powers
of the district; providing for conflicts; providing for severability; and
providing for an effective date.
(Pa�e 247) Ordinance 50, 2002 - Extension of Build Out Dates for
Development Orders (Second Reading). An ordinance of the City Council
of the City of Palm Beach Gardens, Florida, Extending the Expiration
Dates for Approved Development Orders for Planned Unit Developments,
Parcels within Planned Community Districts and Site Plans expiring prior
to January 1, 2003 to December 31, 2003; providing for conflicts;
providing for severability; and providing for an effective date.
X. RESOLUTIONS:
a. (Pa�e 252) Resolution 222, 2002 — Approve Final Cost Quote and
Construction Documents for the Municipal Complex Outdoors Artworlc by
Costas Varotsos. Consideration for approving the final price quote and
construction documents for the fabrication and installation of an outdoor
sculpture designed by Costas Varotsos.
b. (Pa�e 289) Resolution 227, 2002 — Crossroads Out Parcels Build-Out
Revisions and Offsite Landscaping. Consideration for providing for
amendments to Conditions 2 and 3 contained within Resolution 101, 2002,
relating to the build-out date and the timing of installation of right-of-way
landscaping, and modifying the approved landscape plan for the
"Northlalce Commons" (F/K/A "Crossroads at Northlalce") Shopping
Center, located at the southeast corner of Interstate 95 and Northlalce
Boulevard.
c. (Pa�e 319) Resolution 228, 2002 — Calling for Referendum Election on
March 11, 2003. Consideration for calling a Referendum Election on
March 11, 2003, to decide whether a majority of the electors participating
in said Referendum are in favor of amending the Charter of the City of
Palm Beach Gardens, Florida.
d. (Pa�e 325) Resolution 231, 2002 — Appointment to the Art Advisory
Committee. Consideration of providing for the appointment of one (1)
alternate member to the Art Advisory Committee of the City of Palm
Beach Gardens.
XL ORDINANCES: (For Consideration on First Reading)
a. (Pa�e 335) Ordinance 49, 2002 — Special Events. An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for an
amendment to the City Code of Ordinances by repealing Section 78-187,
"Special Events," of Chapter 78, "Land Development," and adopting a
new Section 78-187; providing for codification; providing for conflicts;
providing for severability; and providing for an effective date.
b. (Pa�e 352) Ordinance 51, 2002 — Shell Gas Station PUD Amendment —
Sign & Color Changes. An ordinance of the City Council of the City of
Palm Beach Gardens, Florida, providing for the approval of an amendment
to the Planned Unit Development for the PGA Shell Service Station
located at 4445 PGA Boulevard to allow color changes to the building
elevations and new signage; providing for conditions of approval;
providing for a waiver; providing for conflicts; providing for severability;
and providing for an effective date.
c. (Pa�e 370) Ordinance 52, 2002 — Sign Code Amendment Non-
Commercial Messages. An ordinance of the City Council of the City of
Palm Beach Gardens, Florida, providing for an amendment to the Palm
Beach Gardens Code of Ordinances by amending Chapter 78 "Land
Development," Article V, "Supplementary District Regulations," Division
6, "Signs," by adding Section 78-291 "Non-Commercial Messages";
providing for conflicts; providing for severability; providing for
codification; and providing for an effective date.
XIL ITEMS FOR COUNCIL ACTION:
XIIL ITEMS FOR DISCUSSION:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
In accoNdance tivith the Ame�icans tivith Disabilities Act and FZoNida .S'tatute 86.26,
peNSOns tivith disabilities needing special accommodations to paNticipate in this
pNOCeeding should contact the City CZeNk's DepaNtment, no ZateN than 5 days pNioN to
the pNOCeeding at telephone numbeN (561) 799-4120 foN assistance; if heaNing
impaiNed, telephone the FZoNida Relay .S'e�vice NumbeNS (800) 955-8771 (TDD) oN (800)
955-8700 (T�OICE), foN assistance. If a peNSOn decides to appeal any decision made by
the Council, tivith Nespect to any matteN consideNed at such meeting oN heaNing, they tivill
need a NecoNd of the pNOCeedings, and foN such puNpose, they may need to ensuNe that a
veNbatim NecoNd of the pNOCeedings is made, tivhich NecoNd includes the testimony and
evidence upon tivhich the appeal is to be basec�
VI. CITY MANAGER REPORT:
a. Mayors Golf Tournament Scholarship Presentation.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 21, 2002
The November 21, 2002 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Russo, and
Councilmember Delgado. Councilmember Clark had sent word he would arrive at
approximately 8 p.m.
ANNOUNCEMENTS / PRESENTATIONS:
Citv Employee Poll Worker Reco ign'tion — Certificates of Appreciation were presented to
employees who volunteered as poll workers during the recent election. Special Appreciation
certificates were awarded to Melissa Prindiville and Mary Lou Babish for creation of an
interactive precinct map for the website, and to City Clerk Patricia Snider for her excellent
work. Teresa LePore, Supervisor of Elections was awarded a certificate of appreciation.
Councilmember Russo requested that the Supervisor of Elections be formally requested to
establish a voting center at Ba1lenIsles.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Delgado reported she had attended the Palm Beach Gardens High School
Homecoming; attended Florida League of Cities Legislative Conference in Orlando where a
priority for legislative action to annex enclaves into cities was established; attended the
annual dinner for Public Works employees; sponsored a reception for the golf tournament at
Trump International; and met with Amara Shriners representatives. Councilmember Delgado
explained the activities of the Amara Shriners. Vice Mayor Sabatello requested DOT be
contacted to add signs along PGA Boulevard requiring trucks to stay in the right lane, to
which the City Manager responded staff would research that possibility and report back to
the City Council. Councilmember Russo commented with only one lane entering the
turnpike, Thanksgiving traffic would create a crucial situation on PGA Boulevard, and
requested a telephone call to DOT. Mayor Jablin recognized the government class from Palm
Beach Gardens High School.
CONSENT AGENDA:
Councilmember Delgado made a motion to approve the consent agenda. Councilmember
Russo seconded the motion, which carried 4-0. The following items were approved on the
consent agenda:
a. Resolution 202, 2002 — Holiday Banner at City ROW. Consideration for approving a
Holiday Banner Program displayed on City rights-of-way and authorizing the Mayor
and City Clerk to execute an ageement with Florida Power & Light (FP&L) for
permission to utilize FP&L light poles.
b. Resolution 201, 2002 — Parcel 8 Evergrene. Consideration for the approval of a site
plan application for Parcel 8 with a total of 105 single-family units within the
Evergrene PCD, located between Hood Road and Donald Ross Road.
c. Resolution 159, 2002 — Landscape Mowing Equipment — Golf Course. Consideration
for approving the lease-purchase of golf course turf equipment with western finance
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/21/02 2
and lease, Inc. by piggybacking GSA contract No. GS-07F-8722D.
d. Resolution 205, 2002 — Mirasol Tent Special Event. Consideration of approving a
special event within the Mirasol PCD to exceed the maximum duration in time
provided by Section 78-187 of the City Code.
e. Resolution 212, 2002 - Approve FPL Lighting — Burns Road consideration of
authorizing the City Manger to enter into an agreement with Florida Power and Light
for the installation of street lighting along Burns Road from Military Trail to
Prosperity Farms Road.
f. Resolution 211, 2002 — Voice/Data Cabling. Consideration of accepting the proposal
from Structured Cabling Solutions, Inc. to provide Voice and Data Conduit and
Cabling between The Municipal Complex and the Burns Road Community Center
and authorizing the Mayor and City Clerk to execute an agreement.
g. Resolution 210, 2002 — Ageement with Resource Group N.A. Consideration for
approving a contract for Appropriation Lobbying Services with Resource Group N.A.
h. Resolution 209, 2002 — Agreement with Beaumont Place Property Owner's
Association regarding Uniform Traffic Control. Consideration for approving an
agreement between the City and the Beaumont Place Property Owners' Association
for Uniform Traffic Control on Private Streets and Roadways with the Beaumont
Place Community.
PUBLIC HEARINGS:
Ordinance 27, 2002 — Text Amendment Development West of Urban Growth Boundary - An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida, approving a text
amendment to the Future Land Use Element of the City of Palm Beach Gardens
Coinprehensive Plan Regarding Limited Development West of the City's Urban Growth
Boundary; providing for codification in the Comprehensive Plan; providing for severability;
providing for conflicts; and providing for an effective date — for consideration of second
reading. Planner Natalie Wong presented the amendment. Mayor Jablin declared the public
hearing open, held on the intent of Ordinance 27, 2002. Hearing no comments from the
public, Mayor Jablin declared the public hearing closed. Councilmember Russo made a
motion to place Ordinance 27, 2002 on second reading and to approve Ordinance 27, 2002.
Councilmember Delgado seconded the motion, which carried by unanimous 4-0 Vote. The
City Clerk read Ordinance 27, 2002 on second reading by title only.
Ordinance 29, 2002 — Interim LOS Tables for School Concurrency - An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the
comprehensive plan of the City of Palm Beach Gardens by revising tables 11 A and 11 B of
the Public School Facilities Element; providing for codification in the comprehensive plan;
providing for severability; providing for conflicts; and providing for an effective date — for
consideration of second reading. Growth Management Administrator Charles Wu presented
the amendment. Councilmember Russo asked for information on how the recently passed law
to reduce classroom size would affect the school concurrency ordinance. Mayor Jablin
declared the public hearing open held on the intent of Ordinance 29, 2002. Hearing no
comments from the public, Mayor Jablin declared the public hearing closed Councilmember
Russo made a motion to place Ordinance 29, 2002 on second reading and to approve
Ordinance 29, 2002. Councilmember Delgado seconded the motion, which carried by
unanimous 4-0 Vote. The City Clerk read Ordinance 29, 2002 on second reading by title
only.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1 l/21 /02 3
Ordinance 41, 2002 — Waste Management Franchise Agreement Amendment - An ordinance
of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 1, 2000
by amending the franchise agreement for solid waste, recycling and vegetative collection
services with Waste Management Inc. of Florida to provide for the proration of disposal
credits for newly constructed residential units; providing for severability; providing for
conflicts; and providing for an effective date — for consideration of second reading. Mayor
Jablin declared the public hearing open, held on the intent of Ordinance 41, 2002. Hearing
no comments from the public, Mayor Jablin declared the public hearing closed
Councilmember Russo made a motion to place Ordinance 41, 2002 on second reading and to
approve Ordinance 41, 2002. Councilmember Delgado seconded the motion, which carried
by unanimous 4-0 Vote. The City Clerk read Ordinance 41, 2002 on second reading by title
only.
RESOLUTIONS:
Resolution 206, 2002 — Gables Parcel A— Multi-Family Portion - Consideration for
approving a site plan application for "Parcel A— multi-family" which includes 450 multi-
family units within the Gables Planned Community District (PCD) located on the west side
of Ronal Reagan Turnpike, south of Northlake Boulevard, and north of the Beeline Highway.
Senior Planner Kara Irwin provided the staff presentation for the multi-family portion and for
the single-family portion of Gables Parcel A. Henry Skokowski spoke on behalf of the
applicant. Councilmember Clark joined the meeting during Mr. Skokowski's presentation.
There was extensive discussion regarding intensity, drainage, preserve area walkway, and
traffic concerns. Councilmember Clark made a motion to approve Resolution 206, 2002,
with addition of a condition to require the petitioner to pay for a traffic light if justified by
traffic warrant study. Councilmember Delgado seconded the motion, which carried by 3-2
Vote with Councilmember Russo and Vice Mayor Sabatello dissenting.
Resolution 207, 2002 — Gables Parcel A— Single Family Portion. Consideration for
approving a site plan application for "Parcel A— single-Family" which includes 194 single-
family units within the Gables Planned Community District (PCD) located on the west side
of the Ronald Reagan Turnpike, south of Northlake Boulevard, and north of the Beeline
Highway. Councilmember Clark made a motion to approve Resolution 207, 2002; with
deletion of condition 16 and addition of a condition to require the petitioner to pay for a
traffic light if justified by traffic warrant study. Councilmember Delgado seconded the
motion, which carried by 3-2 Vote with Councilmember Russo and Vice Mayor Sabatello
dissenting.
Resolution 203, 2002 — Parcel 31 — Old Palm Golf Club Parcel D. Consideration for
approving a site plan to allow for the development of 110 semi-custom homes on Old Palm
Golf Club Parcel D, located within the Old Palm Golf Club Planned Community District
(PCD). Planner Natalie Wong presented the project. Councilmember Clark made a motion
to approve Resolution 203, 2002. Councilmember Delgado seconded the motion, which
carried by unanimous 5-0 Vote.
Resolution 192, 2002 — Occupational License Equity Study. Consideration for establishing
an Equity Study Commission to review the Occupational License Rate Structure and
Classifications in Chapter 66 of the City Code of Ordinances and to make recommendations
to the City Council for adjusting rates and classifications. Councilmember Clark made a
motion to approve Resolution 192, 2002. Councilmember Delgado seconded the motion,
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/21/02 4
which carried by unanimous 5-0 Vote.
Resolution 193, 2002 — Appointments for Equity Study Commission. Consideration of
appointing six (6) businesspersons to the Equity Study Commission. Code Enforcement
Supervisor Kelvin Wise presented a list of six recommended members. Councilmember
Clark made a motion to approve Resolution 193, 2002. Councilmember Delgado seconded
the motion, which carried by unanimous 5-4 Vote.
Resolution 190, 2002 — Site Plan Amendment — Parcels 27.05/.06. Consideration for
approving an amendment to a previously approved site plan far Parcel 27.05/.06 within The
Regional Center Development of Regional Impact to allow the replacement of a 25, 000
square-foot, one-story retail building with one 26,000 square-foot two-story office building
and one 9,989 square-foot single-story office building. Planner Jackie Holloman presented
the project. Ryan Johnston, Catalfumo Construction, answered questions on behalf of the
petitioner. City Forester Mark Hendrickson clarified the proposed landscaping.
Councilmember Clark made a motion to approve Resolution 190, 2002. Councilmember
Delgado seconded the motion, which carried by unanimous 5-0 Vote.
ITEMS FOR COUNCIL ACTION:
Accept the resignation and termination of contract between Watterson & Hyland, P.A. and
the City of Palm Beach Gardens — City Attorney Len Rubin advised the termination would be
effective as of March 4, 2003, and that no action was required by the City Council.
ITEMS FOR DISCUSSION:
Workshop — Clear Channel Billboard Proposal - Planner Brad Wiseman presented the
proposal. City Attorney Len Rubin clarified the changes proposed to code regarding
billboards. Mayor Jablin suggested engaging FEC Railroad because of their aggressive
leasing in their right-of-way. Greg Hays, Clear Channel representative, indicated the
applicant would be ageeable to limit exposure to certain areas on I-95 and the turnpike.
Charter Review — City Manager Ron Ferris presented proposed changes to the charter, as
well as additional items that could be changed by ordinance. The City Manager indicated that
he and staff felt an in-house attorney would be preferable. Concern was expressed regarding
educating the public on the referendum issues. Mr. Ferris announced that staff was prepared
to launch a promotional campaign to inform the public as to what they would be voting on in
a referendum. Discussion ensued regarding granting more power to the City Manager, and
whether the City attorney should be in-house or outside counsel, and hired and fired by the
City Manager or by the City Council. Direction to staff was to bring back the proposed
changes on first reading and for the Councilmembers to decide their positions on the items in
question between now and first reading.
Fuel Tank Issue - Councilmember Russo expressed concern that there were aboveground fuel
tanks on the Blood Bank property. Growth Management Director Charles Wu indicated that
in the future, such out-of-the-ordinary items on site plans would be brought to attention
during the review process.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/21/02
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately
10:30 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
ATTEST:
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: 12/04/02
Meeting Date: 12/19/02
Resolution: 221, 2002
Subject/Agenda Item: Consideration of Resolution 221, 2002, an agreement with Bellsouth to
upgrade the City's Telephone System
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ 23,679.84 Council Action:
Police (Total)
City Attorn [ ] Approved
$ 23,679.84 [ ]Approved w/
Finance � conditions
Cunent FY
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ X ] Operating Attachments:
Schedule for the purchase
[ ] Other of Bellsouth equipment
and/or service.
Master Agreement of
Bellsouth 98A002850.
Paper:
Submitted by:
� [ ] Not Required
��Gc�f.��--
��—
Departrnent Director Affected parties Budget Acct.#:
001-1000-521.6400
Approved by: [ ] Notified [ ] None
City Manager [ ] Not required
Date Prepared: 12/04/02
Meeting Date: 12/19/02
Resolution: 221, 2002
BACKGROUND: The City's current telephone switch is near capacity in its current
configuration, upgrading the telephone system with current technology will provide growth
within the city complex and also to outlying sites. The current voice communication system
at Burns Road Community Center (BRCC) is not capable of providing adequate service to
employees and does not allow BRCC employees access to the City's owned telephone and
voice mail system. To resolve this problem we are planning on extending voice services from
the City complex (10500 N. Military Trail) to BRCC at 4404 Burns Road. This will allow
and include BRCC employees access to the existing city complex telephone and voice mail
system using Voice Over Internet Protocol. All BRCC employee telephone re-occurring
costs, paid to outside vendors, can be eliminated. This upgrade will provide the foundation to
expand telephone and voice mail services to Public Works, Riverside Recreation Center and
other outlying sites. Be1lSouth is upgrading the telephone system in accordance with the
master agreement # 98A 002850, executed with the City of Palm Beach Gardens on
September 21, 1999.
MISC / OTHER Voice Over Internet Protocol (VoIP) represents the next generation in
communication services by sending voice over your data network. By moving voice services
to the data network, we eventually eliminate a separate, managed voice infrastructure and
dramatically reduce the cost of telephone moves, add and changes in the future.
STAFF RECOMMENDATION: Staff recommends approval of agreement with Bellsouth to
upgrading current telephone system to provide future growth and improve communication
capabilities for $23,679.84. "
• RESOLUTION:221,2002
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 221, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ACCEPTING A PROPOSAL FROM BELLSOUTH
TO PROVIDE EQUIPMENT AND INSTALLATION FOR THE UPGRADING
OF THE CITY'S TELEPHONE SYSTEM AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WiTH BELLSOUTH;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in September 1999, the City entered into a Master Agreement for Purchase
of Equipment and/or Services with BeIlSouth; and
WHEREAS, BeIlSouth has submitted a proposal in the amount of $23,679.84 for upgrading
the City's telephone system, including equipment and installation; and
WHEREAS, the City Council determines that the approval of this proposal is in the best
interests of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby accepts the proposal for telephone system upgrade
submitted by BeIlSouth in the amount of $23,679.84, attached hereto as Exhibit "A" and
incorporated herein by reference and authorizes the Mayor and City Clerk to execute all
documents necessary to effectuate said agreement.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution sha�l become effective immediately upon adoption.
-1-
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: December 4, 2002
Meeting Date: December 19, 2002
Resolution: 221, 2002
EXHIBIT A
-3-
' ����
Schedule For The Purchase Of Q�FLLS4UTH �
Equipment And/Or Service
Customer Name Customer Location Agreement
CITY OF PALM BEACH GARDENS 0000053696 0000001 98A002850
Installation Equipment Order Maintenance Order
10500 NO. MILITARY TRAIL
51557011 51557012
City, State, Zip Quote
WEST PALM BEACH, FL 33410 YMLWBBL021104070110
❑ Refurbished Customer Reference
Customer Initials (For Informational Purposes Only)
Except As Otherwise Noted
Warranty Length Months
Type: Full (FWS) Depot
(DWS)
Qty Equipment Description
10 INTERNET TELEPHdNE
SOFTWARE PARAMETER (SMALL
SYSTEM)
1 " INTEGRATED ITG 2.0 1/O PANEL
MOUNTWG CONNECTOR
1 I " INTEGRATED ITG 2.0 ELAN TLAN �I
RS232 PORT CABLE
1 (" MERIDIAN IP TELEPHONY
GATEWAY (ITG) LINE SW CD-ROM
2 I' 12050 SOFT PHONE CLIENT PKG
NALOG EXTENTIONS ISM
2 I " USB AUDIOKIT
1 ' MERIDIAN INTERNET
TE�EPHONY GATEWAY (ITG) IINE
2.0 LINE CARD
2 I ` 12004 INTERNET TELEPHONE
BOXED PACKAGE
4 `INTERNETTELEPNONE
SOFTWARE PARAMETER (SMAIL
SYSTEM)
1 I' PC MAINT. CABLE
1� IOPTION 11C EXPANSION CABINET
AC
X I X I
I X 1 X
Totai
Equipment
Price
906.50 I
0.00
0.00
o.00
0.00
0.00
0.00
0.00
0.00
0.00
958.30
Maintenance No. of Price Per
Service Type Units/ Un1U
Fu11=FMS Station/ Station/
Depot=DMS Ports Ports
FMS I 0 I 0.00
FMS I 0 ( 0.00
FMS I 0 ( U.00
FMS ( 0 I 0.00
FMS I 0 I 0.00
FMS I 0 I 5.08
FMS I 24 I 4.00
FMS I 0 I 0.00
FMS I 0 I 0.00
FMS I 0 I 0.00
FMS I 0
Extended Price reduced by prorated maintenance tenn for products under warranty.
arESD Rev. 10 Page 1
Total
ntena
Price
1,
U.00
0.
121.
0.00
0.00
d
Qty
1
1
1
1
1
1
6
1
1
1
1
6
1
1
1
1
1
10
1
Except As Otherwise Noted
Warranty Length Months
Type: Full (FWS) Depot
(DwS)
EQuipment Description
POWER SUPPLY CABLE
' FIBER RECEIVER CARD (30
FT)
` EXPANSION CAB. CABLE KIT
` CABLE-33FT PLASTIC FIBER
(11E/11C)
I ' GROUND BAR
�
MAT5/6 UPG TO OTM 1.2
ENHANCED- SERVER IICENSE - 50
SETS
OTM 1.0 ENHANCED, MAT
UGRADE, 50 SETS EXPANSION
OTM BILLING 2.X GENERAL, MAT
UPRADE
MM TO CA�LPILOT MIGRATION
PKG
�CALLPILOT 1.07 NEW SYSTEM
ORDERING CODE
CALLPILOT 2.0 IPE BASE SYSTEM
MM 2 FL SRVC VOICE PRTSTO
CLPLT 2 VOICE CHNLS,140 MLBX
MIG
CALLPILOT 2.0 FOR M1
INTEGRATION SW
INLINE POWER PANEL 24
PORTlAC ONLY
CATALYST 2950, 24 101100 WITH
2GBIC SLOTS, ENHANCED IMAGE
ICISCO POWER CORD AC ,110V
1000 BASE-SX SHORT
WAVELENGTH GBIC MULTIMODE
ONIY
t2004 SET W/0 POWER SUPPLY
(EG)
MM TO CALLPILOT MIG BONUS 20
DESKTOP LICENSES
I X
I X
I X
I X
I X
I X
I X
( X
I X
I X
( X
I X
I X
I X
I X
I x I
X
X
X
X
X
x
X
X
X
X
X
X
X
I x I
Total
Equipme�t
Price
29.s1
0.00
0.00
0.00
0.00
402.89
0.00
726.71
37.26
0.00
s,�os.os
0.00
0.00
2,236.02
1,696.60
0.00
340.00
2,981.40
0.00
Maiotenance
Service Type
Fu11=FMS
Depot=DMS
I FMS
I FMS
I FMS
( FMS
I FMS
I FMS
I FMS
I FMS
I FMS
I FMS
( FMS
I FMS
I FMS
I FMS
I FMS
I FMS
� FMS
( FMS
� FMS
No. of
i Units/
ISWtionl
Ports
I 0
I Q
0
0
0
0
' U
0
0
0
0
'� o
0
0
'I 0
0
I
I p
0
' 0
Price Per
Unit/
Station/
Ports
I O.U(
I 0.0(
( 0.0C
0.0C
0.0(
O.00
I O.OL
I 0.0C
�
0.5f
I 0.0(
I118.3E
� OAC
I 0.0C
�
I 39.4f
( 0.0(
I 0.0C
I OAC
I O.Of
I 0.0(
Extended Price reduced by prorated maintenance term for producks under wazranty.
arESD Rev. 10 Page 2
Total
ntena
Price
a
0.00
0.00
0.00
Except As Otheiwise Noted
Warranty Length Months
Type: Full (FWS) Depot Maintenance No. of Price Per
�DWS� Total Service Type Units/ Unif/ ToWI
Equipment Fu11=FMS Station/ Station/ Maintenance
Qty Equipment Description Equi Install Price Depot=DMS Ports Ports Price
24 ` 12004 INTERNET TELEPHONE 0.00 NONE 0 0.00 0.00
USER GUIDE - 1 PER PKG ( I
I 1 I " READ ME FIRST DOCUMENT ( ( ( 0.00 I NONE I 0 I O.00I O.00I
� �� 11 ClMINI} IP STARTER KOT T I X( X( 0.00 I NONE ( 0 I O.00I O.00I
( �( CD R ELEPHONY GATGEWAY NTP I I I 0.00 I NONE I 0 I O.00I O.00I
I 1� K TTIOIV 11C�0 FOQT EXPANSIOfV � X+ X I 266.19 + NONE ( 0+ 0.00� O.00I
I I I
I� I ORD R CODEILOT RTU TRANFER I X I X I 0.00 I NONE I 0( O.00I O.00I
i SO f KITT1 2 HOUR ND IP TELEPHONY I X I X I 0.00 ( NONE I 0( O.00I O.00I
I I I
1 I I I I I I I I I
ctended Price reduced by prorated maintenance term for products under wacranty.
Page 3
Equipment/Services Payment Maintenance Payment Installa6on $6,222.84 Total Monthly $2gq.55
Cash Maintenance
Customer Initials ❑ Monthly Shipping $167.26 Charge
/ Exduding Taxes
% With Order ❑ Annually Total Price $23,679.84 Total Number 12
% At Delivery of Months
❑ Quarterly Exdudin Taxes (MaiMenanceTerm)
�o At Cutover Telephone Color $3,174.60
Lease
Customer initials � � (a►PP��es to all telephones unless
Estimated Maintenance Service otherwise noted in the equipment Tofal
Cutover description.) Maintenanoe
Date Commencement Date Char e
9
Lease ID # Customer Initials
Additional equipment may be required to increase line/station size in ezcess of the equipped capacity as shown above, up to the system's
maximum capacity.
Exempt ❑ Yes Maintenance Service Electrical Damage Repair
❑ No After Warranty 5ervice for Key Systems Onty
❑ Accepted � Accepted
� Declined ❑ Declined
Tax Exempt
Ce�tfication Number Customer Initials Customer Initials
Persuant to the terms and conditions of the Agreement referenced above, Customer agrees to purchase and Be1lSouth
Communication Systems, LLC agrees to provide Equipment and/or Services described in this Order. This Order shali
automatically incorporate therein all the terms and condirions of the agreement, and any and all terms and conditions on
any Customer order forms, purchase orders or other Cusiomer documents shall be deemed deleted. If G�stomer elects the
"Lease" option and for any reason the lease is not finalized Customer agrees to pay "Cash" per Be1lSouth's then standard
payment terms for the Equipment and/or services covered by this order. Payment for Installation Services is due upon
compietion of the Installation Services and invoicing to the Customer.
If the Implementation of this Order is delayed, by no fault of Be1lSouth, sixty (60) or more days from the original agreed
Implementation date, or if there is no agreed date, for ninety (90) or more days from the acceptance of the Order by
BellSouth, BellSouth will have the following options: (i) revise the Total Equipment Price to reflect then current Be1lSouth
pricing, (ri) require payment for Equipment deliveied and Services performed to that time, or (iii) cancel the Order and collect
reasonable termination charges, including manufacturer's restocking charges plus non-recoverable materials and labor
expended and lost margin.
Gustomer
ey
Be1lSouth Gorinmunication 5ystems, LLG
By: BeIlSouth Business Systems, inc.
Accepted by:
By
Author¢ed Signature Date Author¢ed Signature Date
Name (Type or Print) TiUe Name (Type or Print) Title
� Extended Price reduced by prorated maintenance term for products under warranty. �
arESD Rev. 10 Page 4 YMLWBBL02 1 1 04070 1 10
�
0
CITY OF PALM BEACH GARDENS
Serving your location at: Shipping Address
00000536960000001
]0500 NO. MILITARY TRA1L 10500 NO. MILITARY TRAIL
WEST PALM BEACH, FL 33410 WEST PALM BEACH, FL 33410
Contnct: ERNiE CARR
Peripheral Detailed Maintenance Quote
Product ID Description
Covered Equipment
866431 INTERNET TELEPHONE SOFTWARE
PARAMETER (SMALL SYSTEM)
826464 ' INTEGRATED ITG 2.0 I/O PANEL
MOUNTING CONNECTOR
826490 ' INTEGRATED ITG 2.0 ELAN TLAN RS232
PORT CABLE
828761 ` MERIDIAN IP TELEPHONY GATEWAY (ITG)
LINE SW CD-ROM
829906 ' 12050 SOFT PHONE CLIENT PKG NALOG
EXTENTIONS ISM
829907 ` USB AUDIOKIT
835865 ' MERIDIAN INTERNET TELEPHONY
GATEWAY (ITG) LINE 2.0 LINE CARD
865898 ` 12004 INTERNET TELEPHONE BOXED
PACKAGE
866431 ' INTERNET TELEPHONE SOFTWARE
PARAMETER (SMALL SYSTEM)
880558 ' PC MAINT. CABLE
837143 OPTION 11C EXPANSION CABINET AC
Coverage Maintenance Extended
Type Qty Po�"�S Price Price
SW
SY
SY
SW
SW
EQ
SY
SY
SW
SY
SY
10 0
1 0
1 0
1 0
2 0
2 0
1 24
2 0
4 0
1 0
1 0
0.00
0.00
0.00
0.00
0.00
5.08
4.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
121.92
1,152.00
0.00
0.00
0.00
0.00
Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003.
Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL02ll04070110
The information contained in this proposal is proprietary to Be1lSouth and is offered solely for the purpose of evaluation.
It may not be disclosed to third parties without prior written permission from BellSouth. arMD Rev. 6
�
�
Page 1
�
Peripheral Detailed Maintenance Quote
Product ID Description
795504 POWER SUPPLY CABLE
880509 "` CABLE-33FT P�ASTIC FIBER (11E/11C)
831122 "' GROUND BAR
862801 " FIBER RECEIVER CARD (30 FT)
850120 ' EXPANSION CAB. CABLE KIT
829561 MAT5/6 UPG TO OTM 1.2 ENHANCED-
SERVER LICENSE - 50 SETS
835607 OTM 1.0 ENHANCED, MAT UGRADE, 50 SETS
EXPANSION
835609 OTM BILLING 2.X GENERAL, MAT UPRADE
832086 MM TO CALLPILOT MIGRATION PKG
865529 CALLPILOT 1.07 NEW SYSTEM ORDERING
CODE
832099 CALLPILOT 2.0 IPE BASE SYSTEM
832079 MM 2 FL SRVC VOICE PRTSTO CLPLT 2
VOICE CHNLS,140 MLBX MIG
832090 CALLPILOT 2.0 FOR M1 INTEGRATIOfV SW
837870 INLINE POWER PANEL 24 PORT/AC ONLY
869041 CATALYST 2950, 24 10/100 WITH 2GBIC
SLOTS,ENHANCEDIMAGE
823489 CISCO POWER CORD AC ,110V
828145 1000 BASE-SX SHORT WAVELENG7H GBIC
MULTIMODE ONLY
838639 12004 SET W/O POWER SUPPLY (EG)
832081 MM TO CALLPILOT MIG BONUS 20 DESKTOP
LICENSES
Coverage
Type Qty
SY 1
SY 1
SY 1
SY 1
SY 1
SW 1
SW 6
SW 1
SW 1
SY 1
EQ 1
SW 6
SY 1
EQ 1
SY 1
SY 1
SY 1
ES 10
SW 1
Maintenance
Ports price
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
0 0.55
0 0.00
0 118.38
0 0.00
0 �.00
0 39.46
0 0.00
0 0.00
0 0.00
0 0.00
0 0.00
Extended
Price
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.60
0.00
1,420.56
0.00
0.00
473.52
0.00
0.00
0.00
0.00
0.00
Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003.
Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL02 1 1 04070 1 1 0
The information contained in this proposal is proprietary to BeIlSouth and is offered solely for the purpose of evaluation.
It may not be disclosed to third parties without prior written pertnission from Be1lSouth. arMD Rev. 6
�
�
Page 2
e
Peripheral Detailed Maintenance Quote
Product ID Descriptiorr
Non-Covered Equipment
828963 ' 12004 INTERNET TELEPHONE USER
GUIDE - 1 PER PKG
828950 ` READ ME FIRST DOCUMENT
866237 ' IP TELEPHONY GATGEWAY NTP CD R
832085 MM TO CALLPILOT RTU TRANFER ORDER
CODE
Coverage Maintenance Extended
Type Qty Ports price Price
NC
NC
NC
NC
24 0
1 0
1 0
1 0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003.
Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL021 104070 1 10
The infottnation contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation.
It may not be disclosed to third parties without prior written permission from BellSouth. arMD Rev. 6
V
�
Page 3
�
s
� � j �
Maintenance Summary
Maintenance Description SY ES SS EQ LA SW
Payment Option Monthly Billing
Contract Length 12
Number of Ports 24
Total Maintenance $3,174.60
Minimum Maintenance $0.00
Upgrade Amount $0.00
Maintenance Subtotal $3,174.60
COPPER MAINTENANCE CO
Payment Option Factor
Total Maintenance
Monthly Maintenance
1.00
$3,174.60
$264.55
Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003.
Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL021 ]04070110
The information contained in this proposal is proprietary to Be1lSouth and is offered solely for the purpose of evaluation.
It may not be disclosed to third par[ies without prior written permission from BeIlSouth. arMD Rev. 6
�
�
Page 4
MASTER AGREEMENT FOR PURCHASE
� ; OF EQUIPMENT
�
Ic neeQs of individual items ol Ne Equipment and unscheduled, orrcail remedial mainte-
nance tluring warrenry coverage. Warranry Service wi�� Include adJustments and replace�
ment ol Darts deemed necessary Dy 6eIlSouth. Replacement or additional pans and
Equipment may be ei�her new or reconditioned arW equivatent b new in peAormance.
Replacement Equipment wiil be furnished on an excha�ge basis, and the replaced Ilems
become Ihe propeAy o18eIlSouth.
(b) Response Times lor Full Warranry Service for Equipment: BeIlSoulli will use reason-
able e8arts lo respond to Customer's request Iw Wartanty Service �or a Major Failure within
Mro (2) hours, Mrenry•lour (24) taurs a day, seven (7) days a week, from ihe time BeIlSoulh
first receives Customets repuesL With respecl to a Mirar �FaiWre, BeIlSOUIh will use rea-
sonable ellals to resporW to Customels request la Warrany SerWCe dudrg BeIlSOUth's
regular xrorking hours, MoMay tArough Friday, exGuding twliAays observed bY 9eIlSoulh,
wilhin eight (8) busircess hours Irom the time Be1lSouth lirst receives Ihe Customers requesl
lor Warranry Servic6. BoIlSoulh will complete all warranty Service as promplty as reasorr
ably practicabie.
(c) Depot Service ("DWS"�: OeIlSOUth will reptace de�ective Equipment on an excharge
basis. Cuslomer agrees to return deleclive Equipment to BeilSOUth tor depot service within
three (3) days after receipt ol replacemenl Equipment from BeIlSouth. II BellSouth has not
received such delecdve Equipment within ten (70) days atter deAvery to Customer ol Ihe
replacement Eduipmenl, Customer agrees lo pay lor tAe replacement Items. Upon
Customer request, BeIlSouth will provide, wilhin BeIlSoulh's servke areas, on-site service
arM Customer agrees to bear lhe cost ol all labor, travel and miscellaneous materials.
14. InsWllation -(a) If ordered by Customer and it Customer agrees lo pay appiicable
inslalWtion charges, BeIlSouth wiil InsiaA Ihe EquipmenL Customer agrees to provide, In a
timely manner, Cuslomer design inlormation, a suilable insWllalion environment, access,
and elecVical ard communiwGons connections as slated in any applicable BeIlSouth instal-
lation manual, or as�olhenvise specilied�by�BellSouth. BeIlSouth will make reasonable
ellorts to meel lhe date br insUilation set totlh on the Order, and will ratily Customer as
soon as practicable of any delay. Customer agrees lo rwtity BeIISaN� as prompUy as prac-
ticable il Customer requ'ues postponement al any instalialion. If Customer ar Equipment
specificalions require non-standard vnring or olher work, Cuslomer will incur addi�ional
inslallation charges.
(b) Each item ol Equipment purchased under this Agreemenl will be installed as speci-
lied by BeIlSouth and the Equipmenl manulacturer. If Ihe Equipment is not to be instailetl by
BeIlSouth, Customer warrants that all Equipment is to be installed by Customefs manulac-
turer certilied employces at its premises and is rwt lor resale.
15. Maintenance Service •(a) II elected by Customer, BeIlSoulh will provide
Maintenance Service for Equipmeni, pursuant to ihe terms and conditions herein.
(b) The terms and conditlons ot paragraphs 13 (a) and (b) shall apply to Fuil
Mainlenanca Service ('FMS� and those of 73 (c) lor Depot Maintenance Service ('DMS�.
11 equipment is rrot under a BeIlSouth warranty or anolher BeIlSoulh mainlenance service
agreement at the lime Maintenance Service is ordered hereunder, or il additional items are
added by Cuslomer or a third party, BeIlSouth wiil inspecl the equipment arxl peAorm any
necessary repairs ai Be1lSouth's Ihen currenl raies �or mileage, labor, and materials.
Chargos iw lodging, subsislence, and transportation will apply depending upon Customels
distance Iram C;eOSoulh's local service center.
(c) Mainlenance Service char9es will be se� lorlh in ihe applicablo Order. Unless other-
wise set lonh in �he Order, the Total Maintenancn Chargo is an annual charge payabb in
monthly installmenls. II al any Gme addilional equipment is added W ihe original Equipment,
a new prorated charge computed at BeI1SouIh's then curreN rates will ba added to the To1a1
Maintenance Charge lo rellect the addilionai eQUipmen� being serviced, subjecl lo para-
graph 11 (a) and 15 (b) above. For mulli•year Orders, lhe Tolal Monlhly Maintenance
Charge may be increasetl annually during Ihe Torm ol Mainlenance Service by an amoun�
no greater than Ihe percentage increase in ihe Consumer Price Iritlez over Ihe previous
year. Customefs payment is due upon receipl ol BeliSouth's invoice(s). .
(d) For key system maintenance onty, lhere is a minimum charge for seven statans at
�he agreed rale, even if �he key system in question con�ains �ewer Ihan seven slations.
i6. Term of Maintenance Service -(a) The term of ihe Maintenance Senice. if eiected,
shall begin on either (i) ihe day IoAOwing lhe last day ol lhe warranry period for Ihe appiica-
ble Order, or (ii) lor Equipment rrol covered by Warranry Service or a Maintenafxe Service
agreement at Ihe lime Maintenance Service is ordered, lhe day fotlowi�g Ihe complelion ol
the necessary repairs as described in paragraph 15 (b) above.
(b) THE INITIAL TERM FOR MAINTENANCE SERVICE SHALL BE ONE (1) YEAR
UNLESS OTNEFiWISE STATED ON THE ORDEF. THE INITIAL TERM SHALL BE AUTO•
MATICALLY RENEWED FOR SUCCESSIVE TERMS OF ONE (1) YEAR EACH AT BELI-
SOUTH'S THEN CURRENT RATES. EITHER PARTY MAY ELECT NOT TO iiENEW THE
MAINTENANCE SERVICE AGREEMENT BY GIVING THE OTHER PARTY WRITTEN
NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF TME THEN CURRENT
TERM.
AND/OR SERVICES
17. 7ermination of Maintenance Service -(a) Eilher paAy may terminate Maintenance
Service prior to Iho end ol Ihe agreod term wilhoul liabilily only II the olher parly lails lo per-
lorm or observe any material terms or condilions of Ihis Agreemeni and such Iaiiure conlin-
ues unremedied lor a periotl ol Ihirty (30) tlays alter wrillen notice Irom lhe complaining
parly. Cus�omer acknowledges Ihat maintenance pricing is based upon a fi:ed term which
may at limes be paid in Installmo�is. Due to the nature ol remedial mainlena�e, it Is rrol
possible to calculate loss or damage due Io early Ierminalion. Customer and Ba11Sou�h
agree Ihat if BeIlSouth terminates Maintenance Service under ihis paragraph, or if Cuslomer
lerminales Mainlenance Service olher ��an in compliance wilh this paragraph, then
BellSouth shail be enlitled to collecl 70% ol ihe amount o� Ihe maintenance payments due
lor Ihe remainder of �he term ol Iho maintenance Ortler.
(b) Mainlenance Service shall automalically Ierminale ii Customer becomos insalvenl or
makes an assignmant tor Ihe be�elit ol cretlilors, or il any Insolve�y proceeding is ini6a�ed
by or against Customer.
18. Key Sysiem Electrical Damage Fepair Service -(a) WNERE AVAIIABLE, AND IF
ELECTED BY CUSTOMEfi, CUSTOMER AGREES TO PAY A PER STATION RATE IN
ADDITION TO NORMAL MAINTENANCE RATES DURING THE WARRANIY AND MAIN-
TENANCE PEHIODS, AND BELLSOUTH WILL EXTEND MAINTENANCE TO COVER
REPAIR OFi REPLACEMENT OF ALL BELISOUTH PROVIDED KEY SYSTEM AND KEY
SYSTEM RELATED EOUIPMENT COVERED HEREUNDER WHICH IS DAMAGED BY A
LIGHTNING STRIKE Ofl ELECTiiICAL POWER SURGE. THIS SERVICE WILL BE AUTO-
MATICALLY RENEWED AT THEN CURRENT RATES AS LONG AS A VALID MAINTE-
NANCE ORDER IS IN EFFECT. THIS SERVICE IS ONLY AVAIIABLE WITH WARRANTY
OR MAINTENANCE SEFVICE AND CANNOT BE PURCHASED SEPARATELY.
(b) In ail siluations involving damage to BeIlSouth provided key system or key syslem
reWled Epuipment due to lightning or power surges, provided ihe Eleclrical Damaga Repa'a
Sorvice oplion has been inwked, BaIlSouth's SOLE AND EXCLUSIVE LIABIIITY win ba
repalr w reD�acoment ot 1he damage0 Equipmenl with OeIISou1h providod Equipment. In fm
event will Iho cosls excood Ihe currant markot valuo al tho damagod kay system and koy
syslem related Equipmenl providetl by BeilSOUI�.
19. Warranty and Maintenanco Scrvice Exclusiona - Bo11Sou�h shali respond Io any
service call requestod by Cuslomor, �owever, Cus�omor acknowladgvs Ihal Warranry and
Mainlonance Services do rwt cover damages to w lailure ol Ihe Equipme�t or incraases in
serviw timo roSUlting Irom causos o�her Ihan the rwrmal wear antl toar ol Ilie Equipmont
including, bu1 rwt limited lo, misuse or negligent opuratbn of ihe Equipment, accidonl. IheN,
unexplained loss, lighlning, elocUical power surge, liro, Ibod, wuitl, acis ol Gal, laiiure ol
S 75 51!1P
98A 0020.50
�ustaner to maintain a proper operaUng ernuonment, or repair, relocation or xlleralion ol
the Equipment Dy anyone other Nan BeIlSouth or ils designated agents. Warranty and
Malntenanee SeMCes Oo not cover any CusWmer provNed cable or equlpment unless slal-
� ed on Ihe Order or o�herwise apptoved In wriUfg by BeIISOU�h. My site vkits or repalrs
necessiuted by any ol these excepted wuses made by BeIlSouth shall be at the sole
e�ense ot Customer, and Customer agrees to bear lhe cosl ol all labor and materWis at
Be1lSoulh's fhen current rales.
20. Remedies and Damagas LImlUdona - The Iollowing IimitaUons ol liabiliry represent
a material inducement to itre pa�ties lo enter into lhis Agreement and to peAorm Orders at
the staled prke. If additional risks or underlakings were conlemplated by BellSoulh, lhey
wp�ld Mve been refleeted in an Increased price. In contempWtion of the price, Customer
acknowledges Ihat tl�ere is consiCeralion lor the Iimitalion ol damages arW remetlies set
larth above and as IWbws:� �� '
(a) NEITHER OELLSOUTH, NOR ITS SUPPLIERS OR MANUFACTURERS, SHALL BE
LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ECONOMIC.
OR INDIRECT DAMAGES, INCIUDING WITHOUT LIMITATION LOST PROFITS, LOSS
OF DATA, TOLL FRAUD OR OTHER UNAUTHORIZED USE, OR LOSS OF USE,
WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE,
WHETHER OR NOT THEY OR BELLSOUTH HAD NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEOY_FOR ANY
DEFAUIT OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIE�, SHALL BE
LIMITED TO REPAIR OR REPLACEMENT OF E�UIPMENT AT BELLSOUTH'S
EXPENSE, OR RETURN OF THE DEPRECIATED AMOUNT PAID IF REPAIR OR
REPLACEMENT IS NOT REASONABLY AVAIIABIE, AT BELLSOUTH'S SOLE ELEC-
TION.
(b) This limitation of IiabiGry appiies with equal lorce and eflect to all subsepuent Services
performed or Equipment provided by BellSouih.
(c) In the event ihat a wuA of competenl jurisdiction should hold ihal Ihe b�egoing limi-
Wlions ol IiabiliGes or remedies available, a any portions thereot, are unenlorceable Iw any
reason, Cuslomer e�ressly agrees that under no circumstances shall the total liability ol�
BeIlSouth to Cuslomet exceed the lesser ol E50,000 or the vatue ol Ihe Equipment ar
Services provided by BeIlSoulh pursuant to the particuWr Order giving rise to such liability.
(d) BeIlSouth and Customer each agree to waive all rights ot subrogatlon against ihe
olher.
21�. De(aNt by Customer - Upon any delaWt by Customer under ih(s Agreement, includ-
ing tlie relusal to accept conformirn� Equipment, Be1lSoulh may exercise all remedies to
which BeIlSouth may be entitled at law or in equity, including specilic perlormance.
Additionalty, BeIlSoulh may dedara all sums due or to become due hereunder Immediately
due and payable, arM BeIlSouth shall be entitled to recover all coilection costs incurred,
intluding legal interest. In addi6on, for payments not received within �hirty (30) days ol the
invoice date, a lale lee not exceeding the tower ol 2% per mont� or Ihe maximum rate
albwed by law shall be assessed on any past due inwice balance. BeIlSoulh shall nol be
obligated to peAorm services hereunder II Customer is in default of any of ils obligations
under this Agreement lor any Order. Upon Customer delault, BeIlSouth may suspend ar
cancel any outsWnding unlullilled Orders without In any way aflecting its rights under this
Aqreement. 11 BeIlSout� elecls to coMinue perlorming under any Order, BellSouth's aclions
shall rat constitute a waiver ol any default by Customer.
22. Contingeneies - BeIlSouth shall be excused Irom pe�lormance and shall not be
liatle for any delay or damage caused, in whole or in part, by any acurrence beyond the
reasonable control eilher ot BeIlSouth or ol Its subconVadors or suppliers. Such contingen-
cies fnclude, without limitation, war, civll disabedie�e, tlelay in lransportation, lailure by
suppliers to deliver Equipment, govemmenlal action, aGS of any ihird party, tabor dispute,
accident, l'ue, explosbn, Ibod, severe weather or other ects ot Gad, power laiture, shortage
ol labor or materials, or discovery o� asbestos or oUrer hazardous subsWnca.
23. Noticas - Ezcept as otherwise provided herein, any nolices or demands shall be
given in wri6ng by hand delivery, receipled delivery service, cerli(ied mail, or registered mail,
with poslage or charges prepaid and addressed as sel �orth in this Agreement. Such
notkes shall be deemed lo have been gh+en when sent. Addresses may be changed a� any
time Dy givirg Nury (a0) days' prbr wrttten rwtice as above.
24. Patent and Copyright Indemnity -(a) It any Equipment or Soflware furnished under
lhis Agreement (olher Ihan Equipmenl or soltware provided 'AS Is'� infrirges any Unilad
Sutes patenL Uademark, copyright w trade sacret and a claim or suil is brought against
Customer on that aarount, BeIlSout� agrees to defend or seple any such claim or 5ui1 at
BeIlSoulh's exponse. Be1lSouth will also pay all damages and cosls lhal by linai �utlgement
are assessed against Customer due lo such inlringement.
(b) BeIISou1h's obligation as sei IoM in this paragraph is expressiy conditionod upon Ihe
following: (1) Ihat BellSouth shall be notilied prompUy In writing by Customer of any claim or
suil ol which Customer is aware; (2) that BeIlSouth shall have sole control ol lhe tlelonse or
se111ement ol any cWim or suil; (3) Ihat Customer shall cooperate wilh Bel�South in ail rea-
sonabie ways to facilitate ihe setliement or delense ol any claim or suit; arM (4) Ihat Iha
claim or suil does rwt arise Irom Customer rtrodifications, or hom combinations ol produc6
provided by Be11So�lh wi�h producls provided by Customer or olhers, or Irom Customers
use ol such praducls oltrer Ihan In accordance wilh Ihe appliwble menufaclurer's specilica-
tions.
(c) II any producl becomes, or In BeIlSoulh'S opinion, Is likely Io become Ihe subjecl ol a
clalm ol iniringeme�t, BeliSouth will, at Its optton: (1) prxure lor Customer lhe right to con-
linue using lhe applicable product; (2) repWCe Ihe product with a non-Inlringirg product sub
stantially complyirg wilh the producfs specilicalio�s; or (3) modily iha protluct so it becomes
non-intrirgirg and peAorms in a substantiatty similar manner to Ihe original producl.
(d) If neither opGons (c)(t), (2) or (3) above are nol reasonably available lo BeIlSoulh,
then BeIlSoulh may elect insleatl Io retum the price paid la the purchased Equlpmenl or Ihe
one Gme �ee paid lor Ne licensed SolM1vare which is in eiiher case Ihe subjecl ot po�enlial
sub�ect of an inlringement cl�im, as then depreciated based on Cuslomer's depreciation
schedule cued for faierai income taz reportiny purposes.
25. Mtscellanuous Provisions -(a) The rights a�xl obligalions ol eilher party may �ot be
assigned or debgated wilhout ihe prbr writlen consent ol the other paAy, wAlch wnsen!
shall nol be unreasonably withheld; providod, however, Ihal BeIlSoulh may, wlthoul
Customer's consent, assign Nis Agreement andlor any Order Io an entity owned in whote or
in part by BeIlSouth Corpora6on or by one or more ol Its direct or Intlirect subsidiaries or
allil'iates. BeIlSoulh may subcontracl ihe peAormance oi any of i4s obligatlons hereunder.
(b) II any provision or provisbns ol this Agreemenl are �eld to be Invalid, illegal or unen•
lorceable, lhe valldiry, legaliry, and enlorceability of Ihe remalning provislons shall ral in any
way Oe aflecled or impaired thereby.
(c) The tertns and contlitbns of this Agreement shall be conshued in accordance with
1he laws ol lhe Commonweaith ol VvginW, excluding IIS conllict ol Ww provisbns.
(d) My aclion pursuant to Ihis Agreement musl be commonced wilhin ono jt) ycar allur
Ino causo ol acGon has accrued.
(e) This Agreement does rwt Include work with, or In any area conlaining, any asbestos
or othor hazardous SubSWnceS.
(� Survival • My obligalio�s ol E3eIlSouth arM Cuslomer whic� by ihoir terms woultl con-
tinue beyontl Ihe terminalbn, cancellation, a exp'vation ol Ihis Agreement a any Order shatl
survive such termination, cancellatbn w eupiration.
(g) Conlidonlial - Customor agrees that this Agroemenl, all existing and luture Ordors,
proposals and quolalions are conlidential and will rat be diulosed wiUrout 1he wrilten con-
� senl of BoIISouN.
OO BELLSOUTH MASTER AGREEMENT FOR PURCHASE
OF EQUIPMENT AND/OR SERVICES
�;� BELiLSOUTH COMMUNICATION SYSTEMS, INC. Agreement No.: 98A O O 2 H S O
�
This Agroement ('Aproemenl') is made by Be1lSouth Communicatlon Systems, Ine. ('BeASouth� with i45 principal place ol business at 1936 Blue Hills Drive, Roenoke, VirglnW, 24012
and Gj,TV !1F PA 7 M RFA('j�('�,DEP,jS ('Customel') for the purchase ol Epuipment and Services, as delined below.
1. Master Agreement - Customer and BellSouth have entered inlo Ihis Agreement to es�abiish muNaqy agreeable terms arM condilions which will govern all Orders (exisUng or luture) for .
Epuipment andla Services as delined herein. Subjecl to paragraph 27 below, upon arry terminatbn ol tliis Agreement, all obligaUons of the parties, Including maintenarwe commilments, shall
conGnue wNh respecl to Orders accepted by BeilSoulh prior to termina6on.
2 Definidons-
(a) 'ImplemenWUon' is tlefifwd as (i) wiN respect to Equipment instaAed by BeASouth, lhe date on which Ihe Equipmen� has been InsWlled and is operaUng subs�anlialty in accorda�e with
ihe manulaclurefs specificatbns, or (ii) with resped to aA other Equipment upon delivery.
(b) 'EquipmonP is defi�wd as ail communkaUons and inlormatan systems producis purchased Irom or serviced by BeIlSouth pursuant to an Ordar. Equipment shall also include Sofiwaro,
as dalinod In 2 (e).
(c) 'Order is defined as any request lor Equipment andlor Services placecl by Customer pursuant to Ihis Agreement, as more fully described in paragraph 3.
(A) 5ervicas' is defined as work pe�lormed by BellSoul7i Dursuant to Ihis Agreement, induding but rat limiled to Ihe lolbwing: (i) Wananry and Maintenance Services, (ii) Installation
Services, anNw (Gq Eleclrical Damage Repair Servke. �
(e) 'Software' is defined as any set ol one w more computer programs which is composed ot roudnes, subroutines, concepts, processes, algorithms, formu�as, ideas, or krwwhow severaliy
owned Dy a licensed to BeliSouth arxllor any one or more of ils suppliers, reqarAless ol IAe particular delivery medium in or on which such inWngible assets may be embadied. The term
Soltware shali also I�clude any corrections,'pa�ches', updates, or revisions to Soflware oAginalty prmri0ed.
(� 'Major FaiWre' is deMed as Ne IaiWre ol ihe EQu'ryment that subsWntialty intederes with the ramial conduct ol Customels business.
(g) 'Mirqr Failure' is defined as arry lailure ol lhe Equipment other than a Major Failure.
3. Orders - Cuslomer may place Orders for Equipment andlor Servic,�es pursuant to this Agreement by any ol the folbwing methods: (i) BeIlSOUth order torm, (ii) telephone order to BeIISouN
la ranergineered MAC (MOVe, Add, Change) work, rwt to exceed ten thousand dollars (E10.000) w(Ri) Cuslomer purchase order or lelter ol purchase request. Each Order, il contirmed or
accepted in writl� by BeIlSouth, shali constitute a separate agreement aM, except for arry provisions herein which are specificaliy ezcluded or modified in the Order, each Order sha11 automati-
faity ir�corporate iherela all the terms and con0itioos ot Ws Agreemen4 and arry and a0 standard (such as preprinted terms or computer generated) terms and conditions on any Cusromer order
Iwms or other Cuslomer documents shail be deemed deleted. Any Order placed by telephone, customer purchase order, or letter of purchase request may be contirmed in writirg by BailSoulh
on a BetlSouth ader confirmation form. Such conlirtnation shatl De deemed correct unless BeliSouth receives written notice to ihe conVary within ten (10) days of the date ol ihe conlirmation.
II Customer desires BeIlSouth invoices to relorence CuslomeYS purchase order number, Customer must InGutle ihe relevant purchase order number in each Order. �
4. Prices And Payment - TTe total price lor the Equipmenl and Services stw�l be slated in the appiiwble Order. Ttie Tolal Equipment Price for Equipment includes sfandard shipping and rig-
girg charges, as applicable. Expedited servus requested by Customer may inwive atlditional charges. Customefs payment is due as foilows unless othervnsa siated on Uie applicabie Order.
(a) Mainlenance Service • monWy in advance, (b) EQuipment or olher Orders • 20% of Ihe Total Equipment Price with Order, 50% at Equipment delivery and 30% aI Implementatbn. In Ihe
evenl ol a dispule between Cuslomer and Be1lSouth as tha cortectness ol one or more items appearing on BeIlSouth's invoice, Customer may withhold payment ol ihe disputed items only and
payment as lo the remainder shali De made as herein providetl.
5. Taxes - All charges are ezclusive ot aDPlicabl0 federal, state or locai taxes. Cusiomer agrees to pay to BellSouth amounis equal lo any taxes resulting IrOm this Agreemeni or any aclivities
hereunder, ezGusive al taxes on BeIlSouth's net income. BeASouth may add such taxes Io invoices submitted to Customer. Customer will be responsible for any ad vabrem, property, or other
laues assossable on Equipment on or afler delivery lo Ihe instatlation site.
6. Risk o( Loss Or Damage - All risk ot loss or damage shall pass to Customer as to each item of Equipment on the date o( delivery to lhe Insta�lation site.
7. Title - Ttle to Equipment shaU pass to Customer upon payment in tull to BetlSouth o� the lotal price for EquipmonUServices in �he applicable Order.
8. Seeurity IMereat - Customer grants Be1lSouili a purchase money secuAry interest in BacA Item ol Equipment. Customer slwll satisly this purchase money secur�ry inlerest solely by pay
ment in futl. Customer agrees to ezecute any Aocuments reasonably requested by BeIlSouth to prolect antYOr peAect BeIlSouth's securiry interest.
9. SoMvare License -(a) Soltware suppliers licensa Soltware on a nonexclusive basis W BeIlSouth a� BeIlSouth also develops Soltware or has Sottware devebped lor it by tnird parlies. AI�
such Soflware is arW wiil remain the properry ol BeIlSouth or its Ihird party suppliers. BeIlSouth, with respect to BeIlSouth developed SOfiware and to ihe exlent authorized under Ihe suppiier
licenses, grants to Customer a personal, nontranslerable and rwnexGusive sublicense (without the right to lurther sublicense) to use the Soltware, subject lo ihe lollowing terms and conditions:
(b) Cuslomor shaU (i) use ihe Soltwaro only in Conjunctlon wilh the particular Equipmenl for which Ihe Soltware was IniUally fumished; (ii) use ihe Sollware Solely lor Customer's internal busi•
ness purposes; (iii) rqt reverse engineer, decompile, disassembie, reverse transiate or olherwise Vanslate the Soltware imo human readable brm nor reproduce the. Soltware except lor
archival purposes; (iv) reNm Ihe Software, togelher wi1� all copies thereoi, or, with BeIlSouth's consent. destroy (or erase, if recorded on an erasabie storage medium) the Soflware when no
longer neetletl or pertnitted lor use with the Equipment lor which Ihe SoNware was turnished: and (v) keep in canfidence aii inlormation relating to Solhvare and irea� such inlortnation as Ihe
exGusive properry arM Irade secret ol 8e11South or such suppliers. Customer shall not have an obGgation to protect inlormation which is made publicly avaiWble by �ellSouth or Ihe supplier or
IavAUlly made available by a nonparty to this Agreement, is lawtully ob�ained by Ihe Customer without resiriction Irom a source olher �han BeIlSouth or Ihe supplier, is previously known lo
Customer wiltaui an obligation lo keep it conlidentiai, as established by Customer s wrinen records, w is released in wriling by ihe supplier or BeIlSoulh.
(t) Nolwilhstandim� Ihe above, �he Cus�omer may discbse ihe Soliware to other persons soleiy iw Ihe purpose ol installing, operaling or mainlaining Ihe particular EquipmeM lor which the
Soltware was lurnished, provided such other persons agree in writing ta the same condilions respec6ng use arM confidenliality conlained in Ihis Section 9.
(d) In atldilbn to Ihe above. BeliSouth's suppliers may require Customer to sign or agree to separate documenfation directly wilh the supplier.
10. Minor Changes tn Customer Orders - II Customer and BeIlSoulh agree to minor changes in Ne Equipment or Services prior to Implemenla�ion, then Customer shall be charged or
aedited Iw ihe charged items. Appropriate dowmentaGon may be required So Ihat addilbns or deietions may be reCOrded and charges or credils issuetl. Reasonable restaking charpes will
be assessed with respecl to any stock Rsted ilems deleled afler Ihe date ol shipment to ihe installafion site and Iw all deleted rarrstock items.
I t. Limitcd Warranties -(a) E3ailSoulh warrants Iha[ at ImplemenWtion, and lor the duralan of ihe wartaaty period ralarred to heWw, each Stem ol Equlpmeat will luncl'wa substanlially in
accordance with Ihe manufacturer's published specificatbns, provided it Is not tlamaged as set fath in Secibn 19 and is used accordirg to standard operating instructions Issued by Ihe manu-
acturer or BellSouth. Unless otherwise sUleO in the OrOer, the warrany period lor Equipment Inslalied by BeIISouUi is iwelve (12) monihs. In addition, (i) Ihe warranry perbd lor equipment
noves, adaitions and changes shall be Ihe greater of ninery (90) days or ihe remainder of �he curtent annual service period ol lhe syslem to which lAe work is being performed, (ii) it Equipment
s purchased witnout DeilSoulh installalion, Ihe wartanry period shall be ninety (90) days trom tha shipment dale unless otharwise staled in Ihe Order, and (iii) CERTAIN MISCELLANEOUS
:OUIPMENT IS SOID'AS IS' AND WILL CARRY NO WARFANTY WHATSOEVER FROM BELLSQUTH OTHER THAN THE WARRANiY OF TITLE. My warranty service lar'As Is"
=quipmenl will be providetl tlireclly by.lhe manulacturer ol such Equipment in accordance with Ne manulacturer's applicable warranry procedures. Such Equipment sha�l bo ciearty irxlicated
>n Ihe app�icable Order as Manufaclurers Direct Warranry Service ('MDWS�. BELISOUTH OFFERS NO MAINTENANCE SERVICE OR WARRANIY FOR THESE PRODUCTS. The war-
anty period lor an ilem ol Equipment will not be enlarged by BeIlSouth's repair or replacement thereol.
(b) All warranlics exterW oNy Io Ihe original purchaser of the Equipmont, identified as 'Custome�', and do not extond to any subsequent purchaser, transloree, user or assignee ol Ihe
:quipment, uMess priw vrtitlon consent is obtained trom BellSouth lor the extensbn ol the wartanlies to such pUrchaser, user, m assigiree.
2. Wartanty Disclafiner - THERE ARE NO WARRANTIES. E%PRESS OR IMPl1ED (INCLUDING ANY REGAflDING MERCHANTABILITY OR FITNESS FOR A PARTICUTAR PUR-
'OSE), NOT SPECIfIED HEREIN RESPECTING EOUIPMENT FURNISHED OR SERVICES PERFORMED UNDER THIS AGREEMENT, AND EXPRESSLY DISCLAIMS SAME.
lJ. Wartartty Senice -(a) Futl Warranry Servica ('FWS�: Be0.South ag�ees lo proWde, excepl as set bnh herein, Wartanty Servke to k0ep the Equipment in, or to restore ihe Equipm¢nt (o
�peration as warranled in Section 11 (a) above. If BeIlSoulh is unable to repair delective items. BeIISouN will repWce such items. II neilher repair nor replacemenl are reasonabty available lo
kllSouth, Ihen OeIISOUIh may elect instoa0 to relurn tho price paid lo Bo1lSoulh lor Ihe purchased Equipmene, or �he one time loa paid lor Ihe licnnsed Software which is In eilher caso defec-
ive, as Ihen depreciatatl based on Cus�omer's depreciatan schafulo usod lor Iedural Income tax roporting purposos. Warranry Survico Includes preventive mainienanco based upon Ihe spocil-
(continued on reversol
Customer acknowledges that Customer has read and understands this Agreement and ogrees to be bound by its terms and condittons. Customer
�rther agrees that this Agreement, and any orders, constitute the compiete and exclusive statement of the agreement between the parties, superseding all
roposals, representations, and/or prior agreements, orel or writlen, between the parties relating to lhe subjecl matter ot the Agreement. Acceptance o} any
�rder by BeIlSouth is subject to Be�ISouth credit and other approvals. This Agreement is not binding upon BeIlSouth until executed by an authorized employ
e, partncr, or agent of Customer and BeIlSouth. If signing as a general partner of a partnership, ihe individual represenis and warrants ihat Ihere are no pro-
isions in the partnership agreement that restrict or limit the generai paAner(s)' obligations and that the general partner(s) are fully bound by this Agreement.
his Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties.
i Witness wheraol, Ihe a i h ve exec(u�ted is(Agrar��Jm,,ent, by Ih duly authorized representative in multiple counlerpans, each ol which shali bo deemed an original.
uslomer Name: �� U"� �G\�. 1�JZLL(� ��QWg BELLSOUTH CO UNICA N SYSTEMS, INC.
f_- �/L�
ddress: I lFi .�C7o N V111 i+ar� �) wt I gr
n cs�m�re�
ity: . w- 1� G �[$_ State: ��— z�: 33 �FSS!
ry� ��-pn���, er•
V (Simalure). �p�'� � .i��µti✓ �/ �� Ie0 Name)p
V(Prmieo Name): VG.V r�"�- (�l,% �f/� G� o'�-�d Tiile: .a�/._� S �� l.V� U�
ne: t�.e i h-{ a �t v l
Ellective Date:
�s s�ve '
BCS CORPORATE
;.
;
AMENDMENT
This Amendment, dated q� a 1 , 199�,, shall serve to modify
the terms and conditions of the MASTER EQUIPMENT PURCHASE AND/OR
MAINTENANCE SERVICE AGREEMENT between BELLSOUTH COMMUNICATION
SYSTEMS, INC. ("BeIlSouth'� and CITY OF PALM BEACH GARDENS ("Customer'�
dated , 199_, Agreement Number 98A002850 (the
"Agreement'�. Paragraph numbers below correspond to section numbers in the
Agreement. The parties agree to the foliowing changes to the Agreement:
20(a). A new sentence at the end of the paragraph is added to read:
"BELLSOUTH WILL BE RESPONSIBLE FOR DIRECT DAMAGES RESULTING
FROM PROPERTY DAMAGE OR PERSONAL INJURY TO THE EXTENT
CAUSED BY BELLSOUTH." �
21. In the first sentence add the word "material" so that the sentence shall
read: "Upon any material default by customer..." �
25(a).At the end of the last sentence char�ge the period to a comma and add
"subject to Customers written consent, which shall not be unreasonably
withheld."
25(c). Change "Commonwealth of Virginia" to "State of Florida".
25(g).Delete in its entirety. Repiace with: "Ali documentation that is executed by
the Customer is a matter of public record."
Except as specifically modified above, all provisior�s of the Agreement
remain in full force and effect.
City of Paim Beach Gardens
C
Bx�l a�-. (n1
NAME: �G ✓f e.,— w�v � 1�K �o
TITLE: V� C � avu �'
BeIlSouth Communication Systems, Inc.
BY:
NAME:
TITLE• � c�L-� ��v�7V�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 25, 2002
Meeting Date: December 19, 2002
Resolution 224, 2002
Subject/Agenda Item: Evergrene PCD-Plat 4(Parcel 3) Subdivision Plat
[X] Recommendation to APPROVE
�] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
(Total)
City Attorne [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [ ] Other
Submitted by:
� C � [ X ] Not Required
Sean C. Donahue, P.E.
Assistant City Engineer
D artment Director Affected parties Budget Acct.#:
�l �''- � � "" -
Appro by. [ ] Notified [ ] None
City Manag r [] Not required
WC,
CONSULTING QVIL ENGINEERS,
SURVEYORS &MAPPERS
QVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRt1NSPORTATTON
SURVEY & MAI'PING
GIS
"Partners For Results
Value By Design"
3550 S.W. Cotporate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fu� (561) 286-3925
www.lbfh.com
TO:
FROM:
DATE:
MEMORAND UM
Patricia Snider-City Clerk
Sean C. Donahue, PE
November 25, 2002
FILE NO. O 1-4215
SUBJECT: Evergrene PCD-Plat 4 (Parcel3)
We have completed our review of the plat for the referenced project prepared by
Keshavarz & Associates, Inc. The plat was reviewed for technical compliance with
Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no other engineering concerns with this plat. Therefore,
we recommend its approval.
SCD/
P:IPBGMEMO\4215\4215y.doc
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 224 , 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA , APPROVING THE EVERGRENE PCD-
PLAT 4 SUBDIVISION PLAT AND, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the Evergrene PCD-Plat 4 Subdivision Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all the technical
requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends
the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and
WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and is hereby made a specific part of this Resolution.
SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar
of the Evergrene PCD-Plat 4 Subdivision Plat consisting of four (4) sheets dated October 2002,
prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A."
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
-1-
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 4, 2002
Meeting Date: December 19, 2002
Resolution: 229
Subject/Agenda Item:
Approve appointment of two (2) members to the Board of Trustees of the City of Palm Beach
Gardens Police Officers' Retirement Trust Fund.
[X] Recommendation to APPROVE
( ] Recommendation to DENY
Reviewed by. Originating Dept.: Costs: $� Councit Action:
Police Department (Total)
City Attorne [ ] Approved
$____ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other Letter dated 12/3/02 from
Hanson, Perry & Jensen
regazding term expiration
oF Mr. Pierson
Application and resume
for new member: Brad
Seidensticker
Submitted by.
[ X ] Not Required
Major Ernie arr
�v
Department Director Affected parties Budget Acct.#:
Approv y: [ ] Notified [ ] None
City Manager [ ] Not required
Date Prepared: December 4, 2002
Meeting Date: December 19, 2002
Resolution: 229, 2002
• BACKGROLTND: Upon review of the Police Officers' Pension Board memberships, two
terms have expired. One previous member has expressed interest to remain on the Board and
one new member is being appointed.
• STAFF RECOMMENDATION: Staff recommends approval of Resolution 229, 2002
appointing two (2) members to the Board of Trustees of the City of Palm Beach Gardens
Police Officers' Retirement Trust Fund.
HANSON� PERRY � JENSEN� P.A.
� O�J SOUTH NARCISSUS AVENUE, SUITE bi O— WEST PALM BEACH, F�oaion 33401
JILL HANSON*
mjhanson � hpjlaw.com
ANN H. PERRY
aperry�hpjlaw.com
BONNI SPATARA JENSEN
bsjensen�hpjlaw.com
�ALSO ADMITTED IN N.Y.
Patricia Snider, City Clerk
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Dear Ms. Snider:
TELEPHONE
FACSIMILE
December 3, 2002
Re: Palm Beach Gardens Police Pension Fund
City Appointed Trustee - Term Expires
-- O�ar File Number 3.43 - -
(561) 655-5840
(561) 655-5920
This is to inform you that the term of Palm Beach Gardens Police Pension Fund
Trustee, David Pierson, will expire December 14, 2002. Mr. Pierson has expressed an
interest in continuing his service to the City as a Trustee to the Police Pension Board.
Please advise this office as soon as possible if Mr. Pierson is reappointed, or if the
City will appoint another Trustee to fill the position. Mr. Pierson's home address is 12961
North Normandy Way, Palm Beach Gardens, FL 33418.
If you have any questions or if I may be of any assistance to you at all, please do
not hesitate to contact me.
BSJ/ka
Copy: J. Spencer, Chairman
S. Nasca, Secretary
D. Pierson, Trustee
J. Mastrangelo, Administrator
Sincerely yours,
��onn� �. Jen�n
�
H:\PBG 3\City of PBG\Clerk\Cvr New T.wpd
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 229, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF TWO
MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF PALM
BEACH GARDENS POLICE OFFICERS' RETIREMENT TRUST FUND;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 50-82 of the City Code of Ordinances provides that the City Council
shall appoint two residents of the City to serve on the Board of Directors of the Police
Officer's Retirement Trust Fund; and
WHEREAS, the City Council desires to fill two vacancies on the Board; and
WHEREAS, the City Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby appoints H. Bradley Seidensticker and reappoints
David Pierson to the Board of Trustees of the Police Officer's Retirement Trust Fund. In
accordance with section 50-82 of the City Code, each shall serve as trustee for a period
of two (2) years.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
-1-
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
: �
! -� •
0
City of Palm Beach Gardens
CATION FOR POSITIONS ON ADVISORY BOARD (S)
Please print in Bla'ck [nk
Board(s) Applied for: _
Name: (Print) .Br a e
.
0
�� . �,
�A tt'h,
i"'t ih�t�eS
Telephone: Day � � ` Evening �O �7 "' ol.V / /
Home Address: � � �7 �[tC(1�C t"� ��� ���
How long have y u be' en a resident of Palm Beach Gardens? �2 rs Palm Beach County? ,�.�2 ,Yrs
Current Emnlove�: Position: �i n c�. n c i o i'�
Please attach a
acquired that v�
Special Qualif
Educational
une to your application or use space below to summarize�qualifications and experience
t be helpful to the Board(s) for which you are applying.
�ns for specific board(s) (include past board experience)
n (1 1 . . _ . .
0
�-i— a. �` 2�►1 l�+ G o ev�Pc�.n �.
ot-ir►cer eT tr�u�"'�'��i 1��on cl�dJla(^
. icti�i'ef'
� o„ �/ans
., I� ) �� . • �
■ � � I�l�ili7'�L�31
Community Actiyities (Include offices held and committee service)
_ �
Signature I Date � O
Applications are valid for two (2) years from the date they are signed. Return to City
Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
' � ♦
v
H. BRADLEY SEIDENSTICKER
11 Glencairn Road bradsticker@yahoo.com
Palm Beach Gardens. Florida 33418 (5611624-20'77
PROFILE
Financial executive with domestic and international experience in the distribution, manufacturing, and fmancial
services sectors. Demonstrated ability to establish and develop imance functions in complex organizations
through strong leadership and communication skills. Experience in:
• Investments
• Pension Plans
• Tax Qualifed Retirement Plans
• Fareign and Domestic Financing
• Investor Relations
• Capital Planning & Competitive Analysis
• Cash Forecasting and Liquidity Management
• Interest Rate Risk Management
• Cash Management
• Public Offerings and Capital Markets
EXPERIENCE
MORGAN STANLEY DEAN WITTER September 2001 to Present
Financial Advisor with Morgan Stanley specializing in pensions, 401(k) plans, and cash management.
CABLEVISION SYSTEMS CORPORATION February 1999 to June 1999
Consultant to Cablevision Systems Corporation. I developed alternative sources of financing to acquire
$1 billion of telecommunication equipment. I also developed a leasing program for computer related equipment
along with internal policies and procedures for asset leasing.
HENRY SCHEIN, INC. March 1993 - August 1997
Treasurer
Created and led the treasury organization of this dynamic $2.OB healthcare distribution company. Responsible
for the full corporate treasury function consisting of a 6 person staff and a$99MM budget. Also responsible
for developing and communicating treasury policy and procedures to the 26 domestic and 8 international
subsidiaries.
• Directed the redesign of the defined contribution retirement plan and implemented a 401(k) savings plan. The
resulting retirement benefit plans were useful in attracting new talent to the company and enabled current
employees to reap higher returns through equity investments.
• Managed the $40 million retirement plan. Selected investments. Prepared and presented regular reviews to
the plan trustees.
• Directed the creation of an Employee Stock Ownership Plan that enabled employees to triple the value of
their account as a result of the company's Initial Public Offering.
• Restructured the company's debt through implementation of domestic and fareign revolving credit facilities
($ l 00MM+), mortgage fmancing ($6.2MM), and a New York State Urban Development Corp. loan.
• Contributor to the team that successfully completed the company's Initial Public Offering and secondary
offering that raised $196MM in new capital.
• Established a corporate Working Capital Committee to more effectively manage the use of capital.
• Implemented lockboxes, a treasury work station, and positive pay controlled disbursement that resulted in
annual savings in excess of $300,000. �
• Established a corporate risk reduction policy to insulate the company from product liability lawsuits.
• Reduced the company's exposure to interest rate fluctuations through the use of interest rate SWAPS.
� .
;�. _ � �
H. BRADLEY SEIDENSTICKER Page Two
THE EQUITABLE FINANCIAL COMPANIES
1989 - 1993
Assistant Treasurer
Recruited to: (1) develop state-of-the-art treasury management systems to process Equitable's cash flow of $ l OB
per year and (2) set corporate policy for treasury related issues.
� Overhauled the cash collection and disbursement systems to maximize funds availability resulting in
increased investment income to The Equitable.
• Overhauled the entire ACH debit process and systems resulting in an increase in the persistency of life
insurance policies and annual savings of $SOOK. The ACH debit system was The Equitable's main
collection vehicle that initiated over 7MM transactions per year.
• Consolidated controlled disbursement activity and negotiated pricing that resulted in an annual saving of
$240K.
• Implemented lockbox processing for two product lines resulting in yearly savings of $1.SMM.
• Implemented systems and processes to reduce the risk of loss to Equitable's cash assets including: (1) a
match pay controlled disbursement system, (2) the encryption of all value bearing data files, and (3) the
electronic transmission of data files to imancial institutions. The result was an 80% reduction in forged
checks.
COMBUSTION ENGINEERING, INC. 1975 - 1989
Mana�er - Corporate Treasurv 1986 - 1989
Led the corporate cash function of this $3B capital equipment manufacturer (now part of Asea Brown Boveri).
Managed a staff of four people with responsibility for:
� Corporate Debt - Developed short term borrowing capacity and managed all short-term debt that averaged
$1 B a month. Responsible for implementing a receivable sale agreement of approximately $100MM and a
$75MM program to repatriate offshore cash. Through effective sourcing and negotiation, reduced interest
costs to a level below that of commercial paper resulting in annual savings of $SOOK to the corporation.
Managed sinking fund and covenant requirements of CE's senior debentures.
• Corporate Investments - Managed all short-term investments far the two corporate portfolios.
• Banking - Managed the overall relationship of CE's 80 domestic and foreign banks. CE's total bank
compensation was $1.SMM annually. Reduced total banking costs by $520K a year.
• Cash Management - Directed CE's cash management operations that serviced CE's 30 business units
through a network of 150 accounts. Consolidated the cash management activities of four acquired
companies into CE.
ManaQer of Treasurv Services - Power Systems Division 1981 - 1986
Managed a staff of six people at the divisional level. Responsibilities included: foreign currency
exposure management, international project finance, insurance and cash management.
Joint Venture Controller
Financial Analvst
Financial Svecialist
Financial Staff Trainin� Pro�ram
EDUCATION
M.B.A. in Finance, Northwestern University (Kellogg),
Evanston, IL, 1975
B.S., Mathematics, Georgia Tech, Atlanta, GA, 1973
1980 — 1981
1978 - 1980
1976 - 1978
1975 - 1976
PAST PROFESSIONAL AFFILIATIONS
Certified Cash Manager (CCM)
National Association of Corporate Treasurers
Financial Executives Networking Group
�ITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 230, 2002
SubjecUAgenda item:
Resolution 230, 2002 — Approve a contract award to Hardrives, Inc. for the EPB-3D Canal
Widening within Unimproved Pine Tree Boulevard Right-of-Way. (City Project No. 2002-
010)
[ X ] Recommendation to APPROVE
f 1 Recommendation to DENY
Reviewed by: Originating Dept.: � Costs: $ 73.900 Council Action:
Angela Wong, Projec (Total)
Manager
City Attorne �{�is'� Community Services [ l APProved
Department
$ N/A [ ]Approved w/
Current FY conditions
City Enginee
[ ] Denied
Advertised: N/A Funding Source: [] Continued to:
Date: [ X ] Operating Attachments:
Paper: [] Other • Resolution 230, 2002
Finance Administratar • Exhibit A: ITB — EPB-3D
, Widening
. Exhibit B: Hardrives, Inc.
Bid Response
. Exhibit C: Standard Form
of Agreement
b.
[ X ] Not Required
Jack Doughn ,
Community Servi
Administrator
Department Director Affected parties Budget Acct.#: N/A [] None
Approve [ X Notified 001-3040-541.6300
City Man ger � � l Not required
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 230, 2002
• BACK(TROUND: The Plat 4 drainage system was designed in the early 1960s. Storms
in '95 arid '99 highlighted the need for drainage improvements. A drainage retrofit far
Plat 4 has been designed consistent with the City's standards for level of service to the
residents. The system has been designed to decrease the amount of standing water in the
streets, improve flow to the inlets, and add additional storage. Existing pipes within
seven of'the nine drainage systems will be increased for additional capacity, and Pine
Tree Boulevard will be reconstructed to extend the width of the EPB-3D Canal. This
project is also identified in the Stormwater Management Plan.
Pine Tree Boulevard is an existing platted, undeveloped roadway located at the southeast
portion of Plat 4(aka/Garden Woods). The roadway lies directly in between the EPB-3D
Canal and approximately 12 residential parcels. The extension of the canal will be
constructed approximately 20' south of the residential property lines and will slope to a
depth of' 13'.
An Invitation To Bid for the widening of Pine Tree Boulevard was advertised on October
27'�' witli the bid opening on November 22°d. The City received a total two responsive
bids as follows:
1. Hardrives, Inc. $73,900
2. Sheltra & Sons $98,027.05
The bids, have been reviewed by LBF&H, Inc., the City's engineering firm, and a contract
award ta Hardrives, Inc. is recommended at this time. If approved, construction is
anticipated to begin in January 2003 with a contract time of 90 days to complete.
STAFF RECOMMENDATION: Approve Resolution 230, 2002 authorizing a contract
award to Hardrives, Inc. in the amount of $73,900 for the widening of the EPB-3D Canal
within Pine Tree Boulevard right-of-way.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 230, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH
HARDRIVES, INC. FOR THE WIDENING OF THE EPB-3D CANAL
WITHIN PINE TREE BOULEVARD RIGHT-OF-WAY AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City issued an Invitation to Bid for the widening of the EPB-3D Canal within
the Pine Tree Boulevard right-of-way attached hereto as Exhibit "A"; and
WHEREAS, the City received a bid in the amount of $73,900 from Hardrives, Inc. attached
hereto as Exhibit "B"; and
WHEREAS, the City Council deems it to be in the best interest of the residents and citizens of
the City of Palm Beach Gardens, Florida, to accept the bid submitted by Hardrives, Inc. and
execute an Agreement for the widening of the EPB-3D Canal within the Pine Tree Boulevard
right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the
agreement with Hardrives, Inc. attached hereto as Exhibit "C" and authorizes the Mayor and City
Clerk to execute said Agreement on behalf of the City.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: If any clause, section, other part or application of the Resolution is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 20_.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 230, 2002
EXHIBIT A
Invitation To Bid for
Widening of the EPB-3D Canal Within
Pine Tree Boulevard Right-of-Way
City of Palm Beach Gardens
EPB-3D CANAL WIDENING
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvements Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
November, 2002
SPECIFICATIONS
�.
BIDDING DOCUMENTS
Prepared by
INC,
CONSULTING CIVIL ENGINEERS • SURVEYORS • MAPPERS
2090 Palm Beac6 Lakes Blvd
Suite 600
West Palm Beach, Florida 33409
LBFH PROJECT NO 99-4083A
EPB-3D Canal Widening - INDEX PAGE.doc
INDEX PAGE
COVER SHEET
IlVDEX PAGE
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
STANDARD SPECS
DRUG-FREE WORKPLACE
BID FORM
BID PROPOSAL
CONTRACT
IIVDEX - 1
P:\99-4083�.Spec & Bid Docs - 99-4083A�Bid DocsWlDEX PAGE.doc
COVER
INDEX - 1
INV - 1
IB-1-IB-2
SS-1
DFW-1
BF-1-BF-3
BP-1-BP-2
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10/24l02 1:01 PM
CITY OF PALM BEACH GARDENS, FLORIDA 10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410
INVITATION TO BID
PROPOSAL NAME: EPB-3D CANAL WIDEI�TING
Within Unimproved Pine Tree Blvd. Right-Of-Way
Plat 4 Drainage Improvement Phase II
CITY PROJECT NO. 2002-010
LBFH PROJEC'T NO. 99-4083A
The City of Palm Beach Gardens is soliciting bids for widening of the EPB-3D Canal within the Pine
Tree Boulevard right-of-way. Please note: All excess and salvaged materials shall become the
property of the contractor.
Sealed bids must be received on or before November 22, 2002 at 1:00 p.m., (Local Time), at the office
of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business
hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Any proposal received after
the specified time will not be considered. The Bidder is solely responsible for ensuring the bid is received
on or before the deadline.
On the envelope containing the bid shall be written in large letters:
Proposal For: EPB-3D CANAL WIDENING
To Be Opened: November 22, 2002 at 2:00 p.m.
All bids will be opened in the City Hall Council Chambers at 2:00 p.m., November 22, 2002.
All bids not submitted on the required fortns will be subject to rejection. Bidding and Contract
documents, including plans and specifications, are available in the City Clerk's office during normal City
business hours. It is agreed by the Bidder that the signing and delivery of the bid represents the Bidder's
acceptance of the terms and conditions of the Speciiications.
A Mandatorv Pre-Bid Conference will be held at 11:00 a.m. on Wednesdav, November 6, 2002. in
the City Hall Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410.
Bids must be accompanied by a certified check or bid bond in the amount of 5% (five percent) of the bid.
All bids will be required to be submitted under a condition of irrevocability for a period of ninety (90)
days after submission.
The City of Palm Beach Gardens reserves the right to reject any or all bids, in whole or in part, with or
without cause, to waive any informalities and technicalities, and to award the Contract on such coverage
and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach
Gardens for determining the most responsible bidder includes, but is not limited to, cost, whether the
bidder meets the City of Palm Beach Gardens published Specifications, the Bidder's experience, skill,
ability, financial capacity, and any other factor which could reasonably be asserted as being relevant to
successful performance.
Any questions regarding the TTB Specifications and process should be directed to:
Melanie A. Straub, E.I.
LBF&H, Inc.
2090 Palm Beach Lakes, Suite 600
West Palm Beach, FL 33409
(561) 684-3375
EPB-3D - Canal Widening - Instructions to Bidders
INSTRUCTIONS TO BIDDERS
BID NAME: City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
LBFH Project #99-4083A
Sealed Bids must be received on or before 1:00 P.M. (local time) on Thursday, the 22"d of
November, 2002, at the Office of the City Clerk, City of Palm Beach Gardens, 10500 N. Military
Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except holidays. All bids will be publicly opened and read at 2:00 P.M. on
Thursdav, the 22nd of November, 2002; in the City Council Chambers at the above address. It is
anticipated that the bid will be awarded at the regularly scheduled meeting of the Palm Beach
Gardens City Council on Thursdav, the 19`h of December, 2002.
Bids received after the designated time will not be considered. Bids may be delivered in person or
by mail. All Bids must be sealed and addressed as indicated. On the face of the envelope containing
the Bid shall be written in large letters the words:
B�i FOR: City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
TO BE OPENED: November 22, 2002 at 2:00 P.M.
A bidder may withdraw his Bid at any time priar to that fixed for opening bids without prejudice to
himself/herself.
Bidders are invited to be present at the opening. Bids received after the time set for the receipt of
bids will be returned to bidder unopened. It is the sole responsibility of the Bidder to make sure that
their bid reaches the City Clerk on or before the closing date and time. Bids submitted by telephone,
telegram, or facsimile shall not be accepted. If Bid is sent by overnight courier, (e.g., Federal
Express, UPS, etc.), Bid documents must be enclosed in envelope marked as instructed above.
The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to
waive any informalities or technicalities, and to make awards either as individual items or as a total
combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens.
The Bidder will be required to use the Bid blanks attached hereto, which form a part of the
Specifications, and shall remain intact.
1:
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EPB-3D - Canal Widening - Instructions to Bidders
No bidder may withdraw their bid for a period of ninety (90) days after the date set for the opening
thereof.
All prices must be clearly stated in figures with ink on the line provided. Any variation/deviation
from the Specifications must be explained in detail on a separate sheet, signed and dated by
the bidder and attached to the Bid Form.
Bids must be signed in ink, by the bidder, with the signature in full. When a firm is a bidder, the
agent who signs the firm name to the bid shall state, in addition, the names and addresses of the
individuals composing the firm.
When a corporation is a bidder, the person signing shall state under •the laws of which state the
corporation was chartered, and the name and title of the officer having authority under the by-laws
to sign contracts. Anyone signing the bid as agent must f le with it legal evidence of his authority to
do so. Post office address, County and State, must be given after the signature.
Bidders are cautioned to fill in all information as requested on the bid form to serve as a basis for
making awards.
All State and Federal T� exemptions applicable to municipal corporations will apply and
appropriate certification shall be furnished.
A Bidder is expected to fully inform himself/herself as to the requirements of the Specifications;
failure to do so will be at his/her own risk. A Bidder shall not expect to seek relief on the plea of
error.
Any questions regarding the Bid Specifcations and process should be directed, in writing, to:
LBFH, Inc
Melanie Straub, EI
2090 Palm Beach Boulevard, Suite 600
West Palm Beach, Florida 33409
Faac: 561-689-8531
Email: melanie-s @ lbfh.com
END OF SECTION
��
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Bums Road West - Standard Specs
CITY OF PALM BEACH GARDENS
STANDARD SPECIFICATIONS
FOR ROAD AND BRIDGE CONSTRUCTION
It is the intent of these Specifications that the Florida Department of Transportation "Standard
Specifications for Road & Bridge Construction" latest edition be used as the basis for the work,
and that where such wording which refers to the State of Florida and its Department of
Transportation and Personnel exists, such wording is intended to be replaced with that wording
which would provide proper terminology; thereby, making such Standard Specifications and
General Provisions as though they were the Standard Specifications and General Provisions of
the City of Palm Beach Gardens in conjunction with the City of Palm Beach Gardens retained
Engineer(s).
In addition to these Standard Specifications and General Provisions, ihere will be those Special
Provisions and Supplementary Conditions included, which would pertain to the pertinent items
of construction.
END OF SECTION
SS-1
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Bums Road West - Drug-Free Workplace Form
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
1
�
(Name of Business)
does does not
. (circle appropriate response)
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that wi11 be taken against employees for violation of such prohibition.
Inform employees about the danger of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counsel.ing.
(Signature)
(Date)
State of
County of
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(Name of Individual Signing)
his/her signature in the space provided above on this
My commission expires:
who, after first being sworn by me, a�xed
day of
NOTARY PUBLIC
20_ .
NOTE: This page along with BF-3 and BP-2, are to be completed and returned, with the 6id security,
as they form the required bid package submittal.
END OF SECTION
DFW-1
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10/24/02 1:02 PM
EPB-3D Canal Widening - Bid Form-EJCDC modified.doc
Bid Form
PROJECT: City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
THIS BID IS SUBMITTID TO: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Note: A comnlete bid uacka�e will conist of the submittal of the si�ned and notorized DruQ-Free Workplace
form, form BF-3, form BP-2 and.the bid securitv.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form
included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the
prices and within the times indicated in this Bid and in accordance with the other terms and condirions of the Bidding
Documents.
Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance
for ninety (90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon
request of Owner.
In submitting this Bid, Bidder represents, as set forth in the agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the
Bidding Documents, and the Addenda, receipt of which is acknowledged on the Bid Proposal Form (BP-1 -
BP-2).
B. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions
that may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect
cost, progress and performance of the Work.
D. Bidder has carefully studied all drawings of physical conditions in or relaUng to e�cisting surface or subsurface
structures at or contiguous to the site (except Underground Facilities) which have been identified in the
Contract Documents.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or
supplementary examinations, investigarions, explorations, tests, studies and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, tectuuques, sequences, and
procedures of construction to be employed by Bidder, including applying the specific means, methods,
techniques, sequences, and procedures of construction expressiy required by the Bidding Documents to be
employed by Bidder, and safety precautions and progams incident thereto.
BF -1
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F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the detemunation of this Bid for performance of the Work at the price(s) bid and within the times
and in accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the site that relates to the
Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to
the site, reports and drawings identified in the Bidding Documents, and all addirional examinations,
investigations, explarations, tests, studies, and data with the Bidding Documents.
I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Biddet.
J. The Bidding Documents aze generally sufficient to indicate and convey understanding of all terms and
conditions for the performance of the Work for which this Bid is submitted.
K. Bidder is aware of the mandatory requirement to attend the Pre-bid Meeting, the time and date of which is
noted elsewhere in these documents.
Bidder further represents that this Bid is genuine and not made in the interest of, or on behalf of any undisclosed
individual or entity and is not submitted in confornuty with any agreement or rules of any group, association,
organization or corporation; Bidder has not direcdy or indirectly induced or solicited any other Bidder to submit a false
or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not
sought by coilusion to obtain for itself any advantage over any other Bidder or over Owner.
Bidder will complete the Work in accordance with the Contract Documents for the Lump Sum price Bidder provides on
the Bid Proposal form, which is on pages BP -1- BP - 2 of these Specifications:
(The bid prices are to be entered on the attached Bid Proposal Form.)
Prices have been computed in accordance with the Contract Documents.
Bidder agrees that the Work will be completed and ready for final payment, within the number of calendar days
indicated in the agreement.
Bidder accepts the provisions of the agreement as to liquidated damages in the event of failure to complete the Work
within the times specified above, which shall be stated in the agreement.
The following documents are acknowledged, executed, attached to and made a condition of this Bid:
A. Bid security
B. Bid Proposal Form
C. "Drug-Free Workplace" Form
D. Aclrnowledgement of receipt of all Addenda
BF-2
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EPB-3D Canal Widening - Bid Form-EJCDC modi5ed.doc
SUBMITTED on , 200_. State Contractor License No. .(If applicable)
Bid Submitted by: Title:,
Name (typed or printed)
(SEAL)
(Signature -- attach evidence of authority to sign if a Partnership, Corporation or Joint Venture.)
Tifle:
Name (typed or printed)
(SEAL)
, (Signature -- attach evidence of authority to sign if a Pattnership, Corporation or Joint Venture.)
Doing business as:
( An Individual, Partnership, Corporation, Joint Venture:
Business address:
Business Phone No.: FAX No.:
If a Corporation have signatures wimessed by the Secretary or other authorized officer of the Corporation.
If a Partnership or Joint Venture, provide additional forms of execution for each member of the joint venture in the
appropriate form or forms as above.
NOTE: This page along with the signed and notorized Drug-Free Workplace fortn and BP-2, are to be
completed and returned, with the 6id security, as they form the required bid package submittal.
END OF SECTION
� BF-3
P:�99-0083�Spec & Bid Das - 99-4083A�Bid Docs�Bid Form-EJCDC moditied.doc
10/?.4/02 1:02 PM
Bid Proposal For
Lump Sum Bid
City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
Note: A complete 6id packase will consist of the submittal of the signed and notarized Drug-Free
Workplace form, form BF-3, form BP-2 and the bid security.
Proiect Scone of Work
The City of Palm Beach Gardens, Florida, PBG Project No. 2002-010, consists of all work necessary, to
complete the construction per the Plans and Specifications.
The work consists of furnishing all labor, supervision, materials, equipment, tools, supplies, fuel,
transportation and services necessary to widen the EPB-3D Canal within the Pine Tree Boulevard right-of-
way, from the eastern Banyan Sbreet right-of-way line, east to 100-feet west of the aerial utility crossing
(adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to:
construction stakeout; mobilizarion/demobilization; water quality and siltation control; dewatering; clearing
and grubbing; earthwork; removing existing inlet, pipes and sand-cement headwall; constructing sand-
cement headwall; constructing sand-cement spillway; sodding or seed and mulching; record drawings and
all incidentals to complete the improvements in accordance with the provisions of the Plans and
Specifications herein attached and as d'uected by the ENGINEER.
To:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
We, the undersigned bidder, after careful examination of the Bid Documents and the existing site
conditions for the proposed work deciare that we are familiaz with the nature and extent of the work and
any local conditions or regulations that may in any manner affect the work to be done.
� We, the bidder, further acknowledge that this is a Lump Sum bid, to include the cost of all requirements for
the work specified, by the Owner, in the Contract Documents and any addendum items that may be issued
prior to the submission of the bid. We further understand that it includes, but may not be limited to the
following;
The Lump Sum contract price for the work shall include the cost of; all required permits, shop drawings,
acquisirion of materials and supplies, transportation and storage, construction, installation and placement,
labor, supervision, equipment, fuel, mobilization and demobilization as noted in Section 101 of the FDOT
Specifications; the maintenance of traff'ic (for safety, access to the work and to minimize impact to offsite
residents); the maintenance of haul routes; the cost of survey work, project staking, collection of data>
creation and reproduction of the as-built Plans, and all other records of the work; the cost of preparing an
erosion control plan for the project; excavating, trenching, placing, and anchoring the erosion and sediment
control facilities including: turbidity barriers, artificial coverings, sandbagging, baled hay, silt fence,
calcium chloride, and other items required; the cost of maintaining said faciliries, the daily inspection and
maintenance to insure compliance during storm events, the replacement of failed units> the disposal of all
waste materiais, the removal of the facilities and. the restoration of the area following acceptance of the
project by the Owner; the removal and proper disposal of; pipes and structures, trees, shrubs and other
vegetation, roots and other debris; any tree or shrub trimming required by the work; other items necessary
to prepare the overall project site for the proposed work; excavation, dewatering, proper disposal of
unsuitable materials, grading and compaction; the preparation of the work area prior to weekends, holidays
and planned work stoppages; placing, fertilizing, mulching, rolling, and watering, of the sod and grass; the
I' '
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final adjustment to finished grade; and other incidentals required by ihe work, the Engineer, or as noted in
the Contract Documents.
Based on our full and complete understanding of the existing site conditions, the Contract Documents, the
proposed project and the work involved, we hereby submit the following Lump Sum Bid for the completion
of the work. Any variation/deviation from the Specifications must be elcplained in detail on a separate
sheet, signed and dated by the bidder and attached to the Bid Form.
Base Bid
We proposed to do all work required by the Contract Documents, as amended by the addenda
acknowledged below, for the Lump Sum Price of;
Dollars ($
Total Bid Price in Words
Bid Secwity
Total Bid Price in Numbers
Accompanying this Bid is a Certified or Cashiers Check, or Bond, in the Amount of $ Being
5% of the total Lump Sum Bid stated above. Said Bid Security is made out to the Owner, which may be
forfeited as Liquidated Damages if, in the event this proposal is. accepted, the undersigned fails to execute
the Agreement and furnish and pay for the required surety, to insure performance of the work, for the
Owner within 10 days after acceptance of the Bid; otherwise said Certified or Cashiers Check or Bond will
be returned to the undersigned.
Time
The undersigned Bidder agrees to commence work within 10 days of receiving Notification to Proceed
from the Owner. They fiu�ther agree to complete the work within 90 consecutive Calendar Davs after the
date of the written Notice to Proceed.
Liquidated Dama�es
The undersigned Bidder agrees to forfeit to the Owner, as Liquidated Damages for each Calendar Day
elapsing between the date established as the agreed Date of Compietion and the Actual Date of Completion
of all work on the project, the amount of $500 per Work Day.
Addenda �
The Bidder acknowledges receipt of the following Addenda Numbers (Initial and date addendum #s)
: 2 -- --- : 3 _ _ : 4 _ _ _; 5
Dated this Day of , 200_
Firm Name:
Address:
By:
Title:
Seal
Contractor's License No. (if applicable)
NOTE: This page along with the signed and notarized Drug-Free Workplace form and BF-3, are to be
completed and retumed, with the bid security, as they form the required bid package submittal.
END OF SECTION
..
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EPB-3D Canal Widening - CONTRAC'f - EJCDC Standard Forat Agee-B.doc
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by arid between The City of Palm Beach Gardens, Florida (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The work consists of furnishing all labor, supervision, materials, equipment, tools, supplies, fuel,
transportation and services necessary to widen the EPB-3D Canal within the Pine Tree Boulevard right-of-
way, from the eastern Banyan Street right-of-way line, east fo 100-feet west of the aerial utility crossing
(adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to:
construction stakeout; mobilizarion/demobilization; water quality and siltation control; dewatering; clearing
and grubbing; earthwork; removing existing inlet, pipes and sand-cement headwall; constructing sand-
cement headwall; constructing sand=cement spillway; sodding or seed and mulching; record drawings and
all incidentals to complete the improvements in accordance with the provisions of the Plans and
Specifications herein attached and as duected by the ENGINEER.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
The widening of EPB-3D canal along Pine Tree Blvd, between the eastern Banyan Street right-of-way line
and 100 feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), in Palm Beach Gardens - Plat
4 (AKA Garden Woods).
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by
LBFA, Inc. of West Palm Beach, Florida.
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents. .
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. The time limit for Completion and readiness for final payment as stated in the Contract Documents are of
the essence of the Contract.
4.02 Days to Achieve Comp(etion
The Work will be completed within 90 days after the date when the Contract Times commence to run as provided in
the Contract Documents,
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4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that Owner will
suffer financial loss if the Work is not completed within the times specified above, plus any extensions
thereof in accordance with of the Contract Documents. The parties also recognize the delays, expense and
di�culties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER the daily
amount specified in the Contract Documents.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts determined pursuant to paragraphs S.O1.A:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
(See Attached Bid Proposal Document for Lump Sum Bid.)
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Final Payment
A. Upon final completion and acceptance of the Work in accordance with the Contract Documents, OWNER
shall pay the Contract Price as recommended by ENGINEER.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in the Contract Documents shall bear interest at the rate of 8% per
annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, and performance of the Work.
D. CONTRACTOR has cazefully studied all drawings of physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided in the Contract Documents
E. CONTRACTOR has obtained and cazefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect
cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by CONTRACTOR, including applying the
specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs
incident thereto
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F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and
in accordance with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has conelated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, drawings idenrified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
- ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally su�cient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
1. Bid security
2. Bid Form
3. Bid Proposal Form
4. "Drug-Free Workplace" Form
5. Aclrnowledgement of receipt of all Addenda
6. Drawings consisting of a cover sheet and sheets numbered as shown on the cover sheet being a total of 5 pages,
inclusive, with each sheet bearing the following general title:
City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project No. 2002-010
7. Addenda (numbers _ to _, inclusive);
8. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (Being 1 page);
b. CONTRACTOR's Bid (page BP-1 - BP-2);
A. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
a. Written Amendments;
� b. Work Change Directives;
( C-3
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c. Change Order(s).
B. The documents listed in paragraph 9.O1.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the General
Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Contract Documents.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another
party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated
to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace
such stricken provision or pazt thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
10.05 Indemnification
A. The CONTRACTOR shall indemnify, defend, save and hold hazmless OWNER, the Engineer (LBFH, Inc)
and all of their officers, agents or employees from all suits, actions, claims, demands, liability of any nature
whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission
of the contractor, their officers, agents or employees. Neither the CONTRACTOR, nor any of its officers,
agents or employees will be liable under this section for damages arising out of injury or damage to persons
or property directly caused or resulting from the sole negligence of the OWNER, the Engineer or any of
their o�cers, agents or employees.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on , (which is the Effective Date of the Agreement).
OWNER:
City of Palm Beach Gardens, Florida
By:
[CORPORATE SEAL]
Attest
Address for giving notices:
CONTRACTOR:
By:
[CORPORATE SEAL]
Attest
Address for giving notices:
(If OWNER is a corporation, attach evidence of authority License No.
to sign. If OWNER is a public body, attach evidence of (Where applicable)
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR Agent for service of process:
Agreement.)
Designated Representative
� Name:
Tide:
IAddress:
Phone:
Facsimile:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative
Name:
Title:
Address:
Phone:
Facsimile:
END OF SECTION
C-5
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City of Palm Beach Gardel�s
EPB - 3 D CANAL WIDENIN CT
WITHIN UNIMPROVEI) P[NE TREE BLVD. I2IGHT-Of-,-WAY
PLAT 4 DRAIN�GF, IMPR(�VCMENTS PHASI? ll
Located in Section 1, 7'ownship 42 South, Range 42 East
Palm Beach C�'ounty, Flc�rid�l
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SUPPLEMENTARY CONDITIONS
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GENEFAL CON�IilONS:
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wo�xmY�000aoca• � �c�e. [mpor.. � r.� nt i.�n�i..
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a a m o m ee v.� in o r r.o ��„ee � s. ia "e" s ie ro. eoe r �i�n e„a
a�9 o„��.a�o� a, vara�eeor� m� o.�„ awio, �i�, �MS ,<. a,�ai .mn c�,�i,ouo, a�eio, s.,pa.wno, . v_m,, .,rvo�v, o. < r,
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pu[RIES/n0�EN0A:
PRE CoNS7RUCioN CoNFERENCE: � Wwx 'c ,,.
o n.. ��e�vre .no ee �i� � ��_ e �o �.aaa� �s � asm<<o � o. n� Poea u i� a.e
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NoiICE io paocEEO.
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.�n o,xd'usi.,sy e .P�o�>NO°°��ss�i�;4,";�ao
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EMEROEUCV COrvint.l NIIIABERS�
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vERir�r scaLe „�♦� �oNS��r�N� ����� EN���EERS. Epg-3D CANAL WIDENING e�
BAR IS cWA� io OrvE SURVEYORS S MAPPERS JJ PR4OB`.�
INCH ON ORIGINA� pRAWING � °ran�.s Fo. Reswes, CIiY OF PAI.M 9CACH CARDFNS
o�� � INC. voz,.e ay nes�,��� . � . SHEET
no�usr u� cn�EO �oyo P°�m ae°°" ��"e9 a"d. swce eoo, we�c vo�m sea�n, F� a,>o9 General Notes and Specifieations
oiMer�sarus awoaowc�r (ssi) aaa-33>s va.: (ssi) sas-as3i 2 or 5
BPR k FBPE Licanse No: 959 www.IbfM1.com
THE WORK UNDER THIS CONTRACT
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REPORLS aup RECOR�S�, p r o�
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nny oaa i�onai Pwma�ent Denm.-ne��, eet M in. ca�.u�ma. rar �n. xoi+. .n�u ee noma on tn. v.o�m oio.��w.
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e�i�.a, ooe �.mwoi �oe� im<n� o�ne�n artrr aii ,oi.nom�c. x ng �oi�. m
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GNA� E%C.ovailON & SPiLLWAY: � °° "01 oi �n< <�g��..,.
uooiricniioHS ar �wrino�s, ca sN�ix�ns�.
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vee�Fr scncE �a�s��*�N� ����� E����EERS, EpB-3D CANAL WIDENING
&4R IS EQUAL TO ONE SURVEYORS & MAPPERS
wcr� aN oaiciw� oaawiNC �h "Pan�.: Fo, tt�swes, CITY O� PALM BEACH GARDENS 99 vR4083
INC. aatve By Design" SHEET
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ADJUST ALL SCAI£D (561) 604-33)5 Fox: (561)e689-8531 3
DIMENSIONS ACCORDINGLV BPR & F9PE License No: 95 w ibfh.wm OF 5
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Baa i5 EQUAL TO OrvE SURVEYORS k MAPPERS
wcr� orv oaiciHn� oanwirvc "t'are+,�rs Fo. Reswes, CIiY OF PA�M BEACH GARDENS
INC. vazve Ba cesip�.^ iI . . .
��� 2090 Pulrn tleocM1 Lakes Blvtl, Sui�e 600, Wesl Palm Beoc�, FI 33409 BIR,Cyy STREET QI]T]� [�I�L
i ALL SGALEO (561) 884-33/S fax: (661) 66 -
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KEY MAP
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PROPOSED EPB-3D CANAL SECTION
N�TF- EXISTING I ANI)5(;AF'INC/TkEES, WIiHIN F'ROJECi I IMITS,
SHALL 6E REMOVED AND SOD SHALL BE INSTALLED 2' BELOW
(;(iNTR�I_ FIFVFTION TO 2' BEYOND PROPOSE� TOP OF BANK.
ALL OTHER DISTURBED ARE4S SHALL BE SEED AND MULCH.
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PROPOSED 25' WIDE SPILLWAY DETAILS
LOCATED 60 LF EAST OF BANYAN STREET R.O.W.
SCALE: I°=20'
vearFV sr,ni.e �°"�°"�"� �'°'� E"°'"EERS, EPB-3D CANAL WIDENING
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werv orv oaeiw� oanwirvc � 'partaers eo+ neswt: .. . CITY OF PALM BEACH GARDENS
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PPTE BY REVISIONS DIMENSIONS ACCOR�INGLT & FBPE License Na: 959 w.IblM1.com
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99-4083
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5 or 5
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 230, 2002
EXHIBIT B
Hardrives, Inc. Bid Response Package
Bid Bond
KNOW ALL MEN BY THESE PRESENT5, that we $ardrives, Inc.
2101 S. Congress Avenue, Delray Beach, FL 33445
as Principal, hereinafter called the Principal, and Fidelity & Deposit Company of Maryland
9100 S. Dadeland Blvd, #908, Miami, FL 33156
a corporation duly organized under the laws of the State of Maryland
as Surety, hereinafter called the Surety, are held and iu-mly hound unta City of Palm Beach
Gardens,10500 N. Military Trial, Palm Beach Gardens, FL 33410
as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid( 5% �
for the payment of which sum weII and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal has submitted a bid for EPB-3 Canal Widening, PBG Project #2002-
O10
NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to remain in fnll force and effect.
Signed and sealed November 22, 2002.
witnesses: Hardri s, Inc.
�seal�
By: •
� � .
.
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and aze hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Gerald J. Arch, Michael A. Hotmes, James F. urphy, Jeffr� L. Leggett, Susan E. Bohm and David J.
Viltari, all of Ft. Lauderdale, Florida, EACH its true ful aaent ttorney-in-Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and any an onds and undertakings and the execution of
such bonds or undertakings in pursuance of these prese , 11 be as � g upon said Company, as fully and amply, to all
intents and purposes, as if they had been duly execute cknowl y the regularly elected officers of the Company at
its office in Baltimore, Md., in their own proper p . This p f attorney revokes that issued on behalf of Gerald J.
Arch, Michael A. Holmes, John S. Coppin, Jame rphy, J . Leggett, and Susan E. Bohm, dated January 2, 2001.
The said Assistant Secretary dces hereby certifj� the extrac� orth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, w in fo o �
IN WITNESS WHEREOF, the said esident� ssistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said T'Y A�, �POSIT COMPANY OF MARYLAND, this 15th day of October,
A.D.2001. � ��\`�
,��5' C�S'
�
ATTEST: v O<� FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'�p DfPpy.�i �; ZO
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By.
T. E. Smith Assistant Secretary M. P. Hammond Vice President
State of Maryland
County of Baltimore ss:
On this 15th day of October, A_D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowtedged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said o�cers of the Company aforesaid,
and that the seal affixed to the preceding inshvment is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
� � ��
�IDPUBL�l�
����
POA-F 031-2167
����ar�
Carol J. Fader Notary Public
My Commission Expires: August 1, 2004
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Execut'rve Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto." _
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the
date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of
the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in
Article VI, Section 2, of the By-Laws of the FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND_
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the l Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanica(ly reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 22nd day of November 2002
��
Assistant Secretary
L �`�.
November 6, 2002
To: All prospective bidders for the following project:
CITY OF PALM BEACH GARDENS
EPB-3D CANAL WIDENING
WITHIN UNIMPROVED PINE TREE BOULEVARD RIGHT-OF-WAY
PLAT 4 DRAINAGE IMPROVEMENTS PHASE II
PALM BEACH COUNTY, FLORIDA
PBG PROJECT NO. 2002-010, LBFH PROJECT NO. 99-4083A
ADDENDUM #1
Bidders for the above referenced project must acknowledge receipt of this
addendum by signing either below in the space provided under ADDENDUM #1,
ITEM B: ACKNOWLEDGEMENT OF ADDENDLTM RECEIPT and including it
with the submitted bid, or sign in the space provided on the Bid Proposal form on
page BP-2 within the Bidding Documents_
ADDENDUM #1, ITEM A: EJCDC STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A
STIPULATED PRICE, ARTICLE 10 — NIISCELLANEOUS, SECTION 10.05
INDEMNIFICATION
The following sub-section B. has been added to the section referenced above, and
the revised sheet C-4 is attached as part of this Addendum:
"The CON"I'RACTOR shall hold the Department of Community Affairs harmless against all claims
of wha[ever nature arising out of the CONTRACTOR's performance of work under this Agreement,
to the extent ailowed and required by law."
ADDENDUM #1, ITEM B: ACKNOWLEDGEMENT OF ADDENDUM
RECEIPT
This Addendum #1 is issued for the purpose of providing all prospective bidders
with information relating to the above-referenced project. This Addendum #1 shall
be considered as part of the Contract Documents.
To acknowledge receipt of this Addendum #1, please either sign in the space
provided and return this page with your submitted bid, or sign in the space provided
on the Bid Proposal form on page BP-2 within the Biddin Documents.
This Addendum #1 was received on � �' 7' OZ by •
Date Person / Title / Company
W. ALLEN POSTON
C1TY OF PALM BEACH GARDENS VICE PRESIDENT
EPB-3DCANALWIDENING HARDRIVES, INC.
WITHIN UNIMPROVED PINE TREE BOULEVARD RIGHT-OF-WAY
PLAT 4 DRAIIVAGE IMPROVEMENTS PHASE II
PALM BEACH COLINTY, FLORIDA
PBG PROlECT NO. 2002-010, LBFH PROJECT NO. 99-4083A ADDENDUM #1, PAGE 1 OF 1
EPB-3D Canal Widening - CONTRACI' - EJCDC Standard Eorm Agee-B.doc
c_ Change Order(s).
B. The documents listed in paragraph 9.O1.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those iisted above in this Article 9_
D. The Contract Documents may only be amended, modified, or supplemented as provided in the Generai
Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Ternzs
A. Terms used in this Agreement will have the meanings indicated in the Contract Documents.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another
party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated
to the contrary in any written consent to an assignment, no assignment witl release or discharge the assignor
from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obiigations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace
such stricken provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
10_OS Indemnification
A. The CONTRACTOR shall indemnify, defend, save and hold harmless OWNER, the Engineer (LBFH, Inc)
and all of their officers, agents or empioyees from all suits, actions, claims, demands, liability of any nature
whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission
of the contractor, their officers, agents or employees. Neither the CONTRACTOR, nor any of its officers,
agents or employees will be liable under this section for damages azising out of injury or damage to persons
or property directly caused or resulting from the sole negligence of the OWNER, the Engineer or any of
their officers, agents or employees_
B. The CONTRACTOR shall hold the Department of Community Affairs hacmless against all claims of
whatever nature arising out of the CON'TRACTOR's performance of work under this Agreement, to the
extent allowed and required by law.
C-4
C\TEMPICONTRACT - EJCDC Standard Form Agee-B.doc i l/04/02 4:04 PM
City of Palm Beach Gardens
EPB-3D CANAL WIDENING
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvements Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
November, 2002
SPECIFICATIONS
�.
BIDDING DOCUMENTS
Prepared by
INC.
CONSULTING CIVII.. ENGINEERS • SURVEYORS • MAPPERS
2090 Palm Beach Lakes Blvd
5uite 600
West Palm Seach, Florida 33409
LBFH PROJECT NO 99-4083A
EPB-3D Canal Widening - INDEX PAGE.doc
INDEX PAGE
COVER SHEET
INDEX PAGE
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
STANDARD SPECS
DRUG-FREE WORKPLACE
BID FORM
BID PROPOSAL
CONTRACT
�
INDEX - 1
P:\99-4083�.Spec & Bid Docs - 99-4083A�Bid DocsWIDEX PAGE.doc
COVER
INDEX - 1
INV - 1
IB-1-IB-2
SS-1
DFW-1
BF-1-BF-3
BP-1-BP-2
C-1-C-5
10/1A/02 1:01 PM
CITY OF PALM BEACH GARDENS, FLORIDA 10500 N.IVIILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410
INVITATION TO BID
PROPOSAL NAME: EPB-3D CANAL WIDEMNG
Within Unimproved Pine Tree Blvd. Right-Of-Way
Plat 4 Drainage Improvement Phase II
CITY PR03ECT NO. 2002-010
LBFH PROJEC'I' NO. 99-4083A
The City of Palm Beach Gardens is soliciting bids .for widening of the EPB-3D Canal within the Pine
Tree Boulevard right-0f-way. Please note: All excess and salvaged materials shall become the
propertv of the contractor.
Sealed bids must be received on or before November 22, 2002 at 1:00 p.m., (Local Time), at the office
of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business
hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Any proposal received after
the specified time will not be considered. The Bidder is solely responsible for ensuring the bid is received
on or before the deadline.
On the envelope containing the bid shall be written in large letters:
Proposal For: EPB-3D CANAL WIDENING
To Be Opened: November 22, 2002 at 2:00 p.m.
All bids will be opened in the City Hall Council Chambers at 2:00 p.m., November 22, 2002.
All bids not submitted on the required forms will be subject to rejection. Bidding and Contract
documents, including plans and specifications, are available in the City Clerk's office during normal City
business hours. It is agreed by the Bidder that the signing and delivery of the bid represents the Bidder's
acceptance of the terms and conditions of the Specifications.
A Mandatorv Pre-Bid Conference will be held at 11:00 a.m. on Wednesdav, November 6, 2002, in
the City Hall Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410.
Bids must be accompanied by a certified check or bid bond in the amount of 5% (five percent) of the bid.
All bids will be required to be submitted under a condition of irrevocability for a period of ninety (90)
days after suhmission.
Tt►e City of Palm Beach Gardens reserves the right to reject any or all bids, in whole or in part, with or
without cause, to waive any infomnalities and technicalities, and to award the Contract on such coverage
and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach
Gardens for determining the most responsible bidder includes, but is not limited to, cost, whether the
bidder meets the City of Palm Beach Gardens published Specifications, the Bidder's experience, skill,
ability, financial capacity, and any other factar which could reasonably be asserted as being relevant to
successful perFarmance.
Any questions regarding the TTB Specifications and process should be duected to:
Melanie A. Straub, E.I.
LBF&H, Inc.
2090 Palm Beach Lakes, Suite 600
West Palm Beach, FL 33409
(561) 684-3375
EPB-3D - Canal Widening - Insiructioos to Bidders
INSTRUCTIONS TO BIDDERS
BID NAME: City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
LBFH Project 1199-4083A
Sealed Bids must be received on or before 1:04 P.M. (local time) on Thursday, the 22°d of
November, 2002, at the Ofiice of the City Clerk, City of Palm Beach Gazdens, 10500 N. Military
Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except holidays. All bids will be publicly opened and read at 2:00 P.M. on
Thursday, the 22°a of November, 2002, in the City Couricil Chambers at the above address. It is
anticipated that the bid will be awarded at the regularly scheduled meeting of the Palm Beach
Gardens City Council on Thursday, the 19`� of December, 2002.
Bids received after the designated time will not be considered. Bids may be delivered in person or
by mail. All Bids must be sealed and addressed as indicated. On the face of the envelope containing
the Bid shall be written in large letters the words:
B�i FOR: City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
TO BE OPENED: November 22, 2002 at 2:00 P.M.
A bidder may withdraw his Bid at any time prior to that fixed for opening bids without prejudice to
himself/herself.
Bidders are invited to be present at the opening. Bids received after the time set for the receipt of
bids will be returned to bidder unopened. It is the sole responsibility of the Bidder to make sure that
their bid reaches the City Clerk on or before the closing date and time. Bids submitted by telephone,
telegram, or facsimile shall not be accepted. If Bid is sent by overnight courier, (e.g., Federal
Express, UPS, etc.), Bid documents must be enclosed in envelope marked as instructed above.
The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to
waive any informalities or technicalities, and to make awards either as individual items or as a total
combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens.
The Bidder will be required to use the Bid blanks attached hereto, which form a part of the
Specifications, and shall remain intact.
I:
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EPB-3D - Canal Widening - Insttuctions to Biddecs
No bidder may withdraw their bid for a period of ninety (90) days after the date set for the opening
thereof.
All prices must be clearly stated in figures with ink on the line provided. Any variation/deviation
from the Specifications must be explained in detail on a separate sheet, signed and dated by
the bidder and attached to the Bid Form.
Bids must be signed in ink, by the bidder, with the signature in full. When a firm is a bidder, the
agent who signs the iirm name to the bid shall state, in addition, the names and addresses of the
individuals composing the firm.
When a corporation is a bidder, the person signing shall state under the laws of which state the
corporation was chartered, and the name and title of the off'icer having authority under the by-laws
to sign contracts. Anyone signing the bid as agent must file with it legal evidence of his authority to
do so. Post office address, County and State, must be given after the signature.
Bidders are cautioned to fill in all information as requested on the bid form to serve as a basis for
making awards.
All �State and Federal Tax exemptions applicable to municipal corporations will apply and
appropriate certification shall be furnished.
A Bidder is expected to fully inform himself/herself as to the requirements of the Specifications;
failure to do so.will be at his/her own risk. A Bidder shall not expect to seek relief .on the plea of
eiror.
Any questions regarding the Bid Specifications and process should be directed, in writin�, to:
LBFH, Inc
Melanie Straub, EI
2090 Palm Beach Boulevard, Suite 600
West Palm Beach, Florida 33409
Fax: 561-689-8531
Email: melanie-s@lbfh.com
END OF SECTION
i:
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Bums Road West - Standard Specs
CITY OF PALM BEACH GARDENS
STANDARD SPECIFICATIONS
FOR ROAD AND BRIDGE CONSTRUCTION
It is the intent of these Specifications that the Florida Department of Transportation "Standard
Specifications for Road & Bridge Construction" latest edition be used as the basis for the work,
and that where such wording which refers to the State of Florida and its Department of
Transportation and Personnel exists, such wording is intended to be replaced with that wording
which would provide proper terminology; thereby, making such Standard Specifications and
General Provisions as though they were the Standard Specifications and General Provisions of
the City of Palm Beach Gardens in conjunction with the City of Palm Beach Gardens retained
Engineer(s).
In addition to.these Standard Specifications and General Provisions, there wi1T be those Special
Provisions and Supplementary Conditions included, which would pertain to the pertinent items
of construction.
END OF SECTION
SS-1
P.�99-4083�.Spec & Bid Docs - 99-4083A�Bid Docs�Stand Spec RB.doc 10/24l02 1:02 PM
Bums Road West - Drug-Free Workplace Form
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
HARDRNES, I(V�.
(Name of Business)
does does not
cuc e appropriate response)
Publish a statement notifying employees that the unlawful manufacture, distribution> dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
� actions that will be taken against employees for violation of such prohibition.
2. Inform employees about the danger of drug abuse in the worlcplace, the business's policy of
maintaining a drug-free workplace, any availabte dru counsel.ing.
(Signature)
(Date)
State of rl ��' 1qA
County of P�� m � �
'l- 22-02
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
V Y•. A I l�✓1 P��� � who, after first being sworn by me, affixed
(Name of Individual Signing)
his/her signature in the space provided above on this 22-� day of ND'�%�'� � , 2p �?'.
�
NOTARY PUB IC
�u+a� Kristyn Nielsen
My commission expires: � pRy�mmiasion �DOS32sa
�'+�d� E�ires October 8, 2005
NOTE: This page along with BF-3 and BP-2, aze to be completed and returned, with the bid security,
as they form the required bid package submittal.
END OF SECTION
DFW-1
P:\99-40831Spec & Bid Docs - 99�083A�Bid Docs�DRUG FREE.dce 10/24/02 1:02 PM
EPS-3D Canaf Widening - Bid Form-E3CDC modified.dce
Bid Form
PROJECT: City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
TFIIS BID IS SUBMITTID TO: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Note: A compiete bid packa�e will co�ist of the submittal of the signed and notorized Drug-Free Workplace
form, form BF-3, form BP-2 and:the bid securitv.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form
included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the
prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding
Documents.
Bidder accepts al} of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance
for ninety (90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon
request of Owner.
In submitting this Bid, Bidder represents, as set forth in the agreement, that:
A. Bidder has examined and carefiilly studied the Bidding Documents, the other retated data identified in the
Bidding Documents, and the Addenda, receipt of which is acknowledged on the Bid Proposal Form (BP-1 -
BP-2).
B. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions
that may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect
cost, progress and performance of the Work.
D. Bidder has carefully studied all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground Facilities) which have been identified in the
Contract Documents.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or
supplementary examinations, investigations, explorations, tests, studies and data conceming conditions
(sarface, subsurface and Underground Facilities) at or contiguous to the site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, including applying the specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be
employed by Bidder, and safety precautions and progams incident thereto.
BF=1
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EPB-3D Canal Widening - Bid Form-EJCDC modified.doc
F. Bidder does not consider that any fiuther examinations, investigations, explorations, tests, studies, or data are
necessary for the detemunation of this Bid for performance of the Work at the price(s) bid and within the times
and in accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the site that relates to the
Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to
tlie site, reports and drawings identified in the Bidding Documents, and all addirional examinations,
investigations, explorations, tests, studies, and data with the Bidding Documents.
L Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.
J_ The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for the performance of the Work for which this Bid is submitted.
K. Bidder is aware of the mandatory requirement to attend the Pre-bid Meeting, the time and date of which is
noted eisewhere in these documents.
Bidder further represents that this Bid is genuine and not made in the interest of, or on behalf of any undisclosed
individual or entity and is not submitted in confornuty with any agreement or ru(es of any group; association,
organization or corporation; Bidder has not direcfly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not
sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.
Bidder will complete the Work in accordance with the Contract Documents for the Lump Sum price Bidder provides on
the Bid Proposal form, which is on pages SP -1- BP - 2 of these Specifications:
(The bid prices are to be entered on the attached Bid Proposal Form.)
Prices have been computed in accordance with the Contract Documents.
Bidder agrees that the Work wilt be compteted and ready for final payment, wittun the number of calendar days
indicated in the agreement
Bidder accepts the provisions of the agreement as to liquidated damages in the event of failure to complete the Work
within the times specified above, which shall be stated in the agreement�
The following documents are acknowledged, executed, attached to and made a condition of this Bid:
A. Bid security
B_ Bid Proposal Form
C. "Drug-Free Workplace" Form
D. Aclrnowiedgement of receipt of all Addenda
BF-2
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CORPORATE RESOLUTION
I, as Assistant Secretary of HARDRIVES, INC., a corporatian duly organized and
existing under the laws of the State of Florida, hereby certify that a meeting of the Board
of Directors was duly called and held at this office in Delray Beach, Palm Beach County,
State of Florid.a on April 16, 1984 and that at said meeting a quorum was present and
voting tlu�oughout; and that the following resolution on motion made by DOUGLAS G.
GORDON, VICE PRESIDENT and seconded BY GEORGE T. ELMORE, PRESIDENT
was unanimously adopted and is in full force and effect:
RESOLVED that W. .ALLEN POSTON be elected as Vice President of the Corpora.tion
and is authorized to execute various Corporate dacuments required to operate a business.
IN WITNESS WHEREOF, I have set my harid as Assistant Secretary and fixed the
COR�"ORATE SEA,L this 22 day of November 2002..
� ,
SI-TARON C. SHIVELY
ASSISTANT SECRETAR�
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 22 day of November 2002.
By SHARON C. SHIVE�.Y, ASSISTANT SECitETARY of HARDRIVES, INC. a
Florida Corporation. She is personally known to me and did not take an oath.
�.►+�►�� ��y�, N��ge�
� � My Commissfon DD083284
�'•a �� �res oc�o�e� a, soos NOTAR PUBLIC
EPB-3D Canal Widening - Bid Form-EJCDC modified.doc
SUBMITTED on November 22 2�p 2. State Contractor License No. CGC010861 .(If applicable)
Bid Su 'tted by: w' A�N ��N Tit1e: VICE PRESIDEWT
me (typed or p '.
• (SEAL)
(Signature -- attach evidence of authority to sign if a Partnership, Corporation or Joint Venture.)
�
V11. AILEM Pt?S'TC)N T:.,o. VICE PRESIQENT
>
�
Doing business as:
(SEAL)
�ation or Joint Venture.)
HARDRIVES, INC.
An Individual; Partnership, Corporation, Joint Venture: Corporation
Business address: 2101 South Congress Avenue
Delray Beach, FL 33445
Business Phone No.: ( 561 ) 278-0456 FAX No.: ( 561 ) 278-2147
If a Corporation have signatures witnessed by the Secretary or other authorizeci officer of the Corporation.
If a Partnership or Joint Venture, provide additional forms of execution for each member of the joint venture in the
appropriate form or forms as above.
NOTE: This page along with the signed and notorized Drug-Free Workplace form and BP-2, are to be
completed and retumed, with the bid security, as they form the required bid package szibmittal.
END OF SECTION
BF-3
F:�49-4083�Spec & Bid Docs - 99-0083A�Bid Doa�Bid Form-E3CDC modifed.doc
iorluu2 1:U2 PM
Bid Proposal For
Lump Sum Bid
City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Bou(evard Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project #2002-010
Note: A complete bid packa�e will consist of the submittal of the siened and notarized DruE-Free
Workplace form, form BF-3, form BP-2 and the bid securitv.
Proiect Scope of Work .
The City of Palm Beach Gardens, Florida, PBG Project No. 2002-010, consists of all work necessary, to
complete the construction per the Pians and Specifications.
The work consists of furnishing all labor, supervision, materials, equipment, tools, supplies, fuel,
transportation and services necessazy to widen the EPB-3D Canai within the Pine Tree Boulevard right-of-
way, from the eastern Banyan Street right-of-way line, east to 100-feet west of the aerial utility crossing
(adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to:
construction stakeout; mobilization/demobilization; water quality and siltation control; dewatering; clearing
and grubbing; eazthwork; removing existing inlet, pipes and sand-cement headwall; constructing sand-
cement headwalt; constructing sand-cement spi(Iway; sodding or seed and mulching; record drawings and
all incidentals to complete the improvements in accordance with the provisions of the Plans and
Specifications herein attached and as d'uected by the ENGINEER.
To: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
We, the undersigned bidder, after carefui examination of the Bid Documents and the existing site
conditions for the proposed work declare that we are familiar with the nature and extent of the work and
any local conditions or regulations that may in any manner affect the work to be done.
� We, the biddec, further acknowledge that this is a Lump Sum bid, to include the cost of all requirements for
the work specified, by the Owner, in the Contract Documents and any addendum items that may be issued
prior to the submission of the bid. We fiuther understand that it includes, but may not be limited to the
following;
The Lump Sum contract price for the work shall include the cost of; all required pernuts, shop drawings,
acquisition of materials and supplies, transportation and storage, construction, installation and placement,
labor, supervision, equipment, fuel, mobilization and demobilization as noted in Section 101 of the FDOT
Specifications; the maintenance of traffic (for safety, access to the work and to minimize impact to offsite
residents); the maintenance of haul routes; the cost of survey work, project staking, collection of data,
creation and reproduction of the as-built Plans, and alt other records of the work; the cost of preparing an
erosion control pian for the project; excavating, trenching, placing, and anchoring the erosion and sediment
control facilities including: turbidity barriers, artificial coverings, sandbagging, baled hay, silt fence,
calcium chloride, and other items required; the cost of maintaining said faciliries, the daily inspection and
maintenance to insure compliance during storm events, the replacement of failed units, the disposal of all
waste materials, the removal of the facilities and the restoration of the area following acceptance of the
project by the Owner; the removal and proper disposal of; pipes and structures, trees, shrubs and other
vegetation, roots and other debris; any tree or shrub trimming reguired by the work; other items necessary
to prepare the overall project site for the proposed work; excavation, dewatering, proper disposai of
unsuitable materials, grading and compaction; the preparation of the work area prior to weekends, holidays
and planned work stoppages; placing, fertilizing, mulching, rolling, and watering, of the sod and grass; the
i'
P:�99-4083\Spec & Bid Docs - 99-4083A�Bid Docs�Bid Proposal Form - Lump Sumdoc tOf24/02 1:03 PM
final adjustment to finished grade; and other incidentals required by the work, the Engineer, or as noted in
the Contract Documents.
Based on our full and complete understanding of the existing site conditions, the Contract Documents, the
proposed project and the work involved, we hereby submit the following Lump Sum Bid for tt�e compietion
of the work. Any variatioddeviation from the Specifications must be explained in detail on a separate
sheet, signed and dated by the bidder and attached to the Bid Form
Base Bid
We proposed to do all work required by the Contract Documents, as amended by the addenda
acknowledged below, for the Lump Sum Price of;
Seventy-Three Thousand Nine Hundred
Total Bid Price in Words
Bid Securitv
Dollars ($ 73,.900.00 1
Total Bid Ptice in Numbets
Accompanying this Bid is a Certified or Cashiers Check, or Bond; in the Amount of $ 5$ of bi�ing
5% of the total Lump Sum Bid stated above_ Said Bid Security is made out to the Owner, which may be
forfeited as Liquidated Damages if,. in the event: this proposal is. accepted, the undersigned fails to execute
the Agreement and furnish and pay for the required surety, to insure peiformance of the work, for the
Owner within 10 days after acceptance of the Bid; otherwise said Certified or Cashiers Check or Bond will
be returned to the undersigned.
Time
The undersigned Bidder a�ees to commence work within 10 days of receiving Notification to Proceed
from the Owner. They further agree to complete the work within 90 consecutive Calendar Davs after the
date of the written Notice to Proceed.
Liquidated Dama�
The undersigned Bidder agrees to forfeit to the Owner, as Liquidated Damages for each Calendar Day
elapsing between the date established as the agreed Date of Completion and the Actual Date of Completion
of all work on the project, the amount of $500 per Work Day_
Addenda �
The Bidder ackno edges receipt of the following Addenda Numbers (Initial and date addendum #s)
� ���7•OZ ; 2 ; 3. ; 4 ; 5
Dated this 22nd Day of November , 200?
Firm Name: HARDRIVES, INC.
Aaaress: 2101 South Congress AvenuE
Title: V10E PRES/DFNT
Contractor's License No. �010861 (if applicable)
NOTE: This page along with We signed and notarized Drug-Free Workplace form and BF-3, are to be
completed and retumed, with the bid security, as they form the required bid package submittaL
END OF SECTION
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p DRIVEWAYS p PARKING AREAS O STREETS O GRADING O ROCK & FILL O CONCRETE WORK
H RDRIVES, INC.
2101 SOUTH CONGRESS AVENUE
DELRAY BEACH, FLORIDA 33445-7398
To: Melanie A. Straub, E.I.
LBFH, Inc.
2090 Palm Beach Lakes Blvd.
Suite 600 •
West Palm Beach, FL 33409
Subject: DEDUCTIVE ALTERNATES
Dear Ms. Straub:
PHONE 561-278-0456
FAX 561-278-2147
December 6, 2002
Project Name: City of Palm Beach
Garriens, EPB-3D Cana! Widening
Contract No.:
Hardrives Job No.: �
Letter No.: 1
As we discussed today, the following are possible adjustments to our proposal, dated
11/22/02, for the above-mentioned project:
1. DELETE Seed, Mulch and Sod:
2. DELETE Sand-Cement Rip Rap:
(DEDUCT)
(DEDUCT)
TOTAL DEDUCTION IF ABOVE ITEAAS #1 �#2 ARE DELETED
If you should have any questions, please contact me at any time.
Thank You,
�
Bilf Stellway
Project Manager
WPS
Page 1 of 1
C:�My Docs�Pine Tree Iaae�#1 Poss�ble Conhact Deducts.dce
($6,700.00)
($20,000.00)
($26,700.00)
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 230, 2002
EXHIBIT C
Standard Form of Agreement
EPB-3D Canal Widening - CONTRAC'I' - EJCDC Standard Form A�ee-S.doc
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS A EM� NT is b�?' aqd between The City of Palm Beach Gardens, Florida (hereinafter called OWNER) and
Qf G11'1 Y i. J� 1 nG. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1_O1 CONTRAC"TOR shall complete all Work as specified or indicated in the Contiact Documents. The Work is
generally described as follows:
The work consists of furnishing ali labor, supervision, materials, equipment, tools, supplies, fuel,
transportation and services necessary to widen the EPB-3D Canal within the Pine Tree Boulevard right-of-
way, from the eastern Banyan Street right-of-way line, east fo 100-feet west of the aerial utility crossing
(adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to:
construction stakeout; mobilization/demobilization; water quality and siltation control; dewatering; clearing
and grubbing; earthwork; removing existing inlet, pipes and sand-cement headwali; constructing sand-
cement headwall; constructing sand-cement spillway; sodding or seed and mulching; record drawings and
all incidentals to complete the improvements in accordance with the provisions of the Plans and
Specifications herein attached and as directed by the ENGINEER.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
The widening of EPB-3D canal along Pine Tree Blvd, between the eastern Banyan Street right-of-way line
and 100 feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), in Palm Beach Gazdens - Plat
4 (AKA Garden Woods).
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by
LBFH, Inc. of West Palm Beach, Florida.
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents. _
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. The time limit for Completion and readiness for final payment as stated in the Contract Documents are of
the essence of the Contract.
4.02 Days to Achieve Completion
The Work will be completed within 90 days afrer the date when the Contract Times commence to run as provided in
the Contract Documents,
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4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Abreement and that Owner will
suffer financial loss if the Work is not completed within the times specified above, plus any extensions
thereof in accordance with of the Contract Documents. The parties also recognize the delays, expense and
difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER the daily
amount specified in ihe Contract Documents.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts detemuned pursuant to paragraphs S.O1.A:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereLo as an eachibit.
(See Attached Bid Proposal Document for Lump Sum Bid.)
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Final Payment
A. Upon final completion and acceptance of the Work in accordance with the Contract Documents, O'WNER
shall pay the Contract Price as recommended by ENGINEER.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in the Contraci Documents shall bear interest at the rate of 8% per
annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has exanuned and carefuily studied the Contract Documents and the other related data
ideniified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become fanailiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, pcogress, and performance of the Work.
C. CON'TRAC'i'OR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all drawings of physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided in the Contract Documents
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data conceming
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect
cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by CONTRACTOR, including applying the
specific means, methods, techniques, sequences, and procedures of construcrion, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs
incident thereto
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F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and
in accordance with the other terms and conditions of the Coniract Documents.
G. CONTRACTOR is aware of the generai nature of work that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, drawings ideniified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
- ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally su�cient to indicate and convey understanding of all terms and
condiuons for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
1. Bid security
2. Bid Form
3. Bid Proposal Form
4. "Drug-Free Workplace" Fornn
5. Aclrnowledgement of receipt of all Addenda
6. Drawings consisting of a cover sheet and sheets numbered as shown on the cover sheet being a total of 5 pages,
inclusive, with each sheet bearing the fo(lowing general title:
City of Palm Beach Gardens
EPB-3D Canal Widening
Within Unimproved Pine Tree Boulevazd Right-of-Way
Plat 4 Drainage Improvement Phase II
Palm Beach Gardens, Florida
PBG Project No. 2002-010
7. Addenda (numbers , to _, inciusive);
8. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (Being 1 page);
b. CONTRACTOR's Bid (page BP-1 - BP-2);
A. The following which tnay be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto: �
a. Written Amendments;
b. Work Change Directives;
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c. Change Order(s).
B. The documents listed in paragraph 9.O1.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the General
Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Contract Documents.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another
party hereto without the written consent of the party sought to be bound; and, specificatly but without
limitation, moneys that ma}c become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated
to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon OWNER and CONTRAC'TOR, who agree that the Contract Documents shall be reformed to replace
such stricken provision or part thereof with a valid and enforceabie provision that comes as close as
possible to expressing the intention of the stricken provision.
10.O51ndemnification
A. The CONTRACTOR shalt indemnify, defend, save and hold harmless OWNER, the Engineer (LBFH, Inc)
and all of their officers, agents or employees from all suits, actions, claims, demands, liabiiity of any nature
whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission
of the contractor, their officers, agents or employees. Neither the CONTRACTOR, nor any of its o�cers,
agents or employees will be liable under this section for damages arising out of injury or damage to persons
or property directly caused or resulting from the sole negligence of the OWNER, the Engineer or any of
their officers, agents or employees.
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TN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to OWNER and CON`I'RACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on
OWNER:
Citv of Palm Beach Gardens, Florida
By:
[CORPORATE SEAL]
Attest
Address for giving notices:
(If OWNER is a corporation, attach evidence of authority
to sign. If OWNER is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR
Agteement.)
Designated Representative
Name:
Title:
Address:
Phone:
Facsimile:
(which is the Effective Date of the Agreement).
CONTRA�A�RIVES, INC.
Bv: L�,LP�P.cc� l�L.._
[CORPORATE SEAL] �- . -
� � 1 �
C
Attest
Address for giving notices:
, .
2101 Soutta Congress Avenue
Delray Beach, FL 33445
License No. L-' q� 65
(Where applicable)
Agent for service of process:
�
��' El wtio-r+c.�
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative
W. �1lLEN POSTON
Name:
Title: ���� ���°���
Address: � SOUTn � y`P8S �1/'�2.
De I ra v F3eA �-G� . FL 33+��15
�
Phone: 5�� `�-78'O��J�O
Facsimile: 5� ! '�'7g' 2� � %
END OF SECTION
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 43, 2002
Subject/Agenda Item:
Ordinance 43, 2002 — (Second Reading)
Submitting To Referendum An Amendment To Article VI of The City's Charter.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Attorney �� [ J Approved
$ [ ]Approved w/
Cunent FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: l2/OS/02 [ ] Operating Attachments:
Paper: Palm Beach Post [] Other -Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
De Dire Affected parties Budget Acct.#:
Patricia Snider, City Cler
Approved by: [ ] Notified [ ] None
City M ager [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 43, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
• City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
• According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2, 18-3, 18-4.
• Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 43.
If approved on first reading, a public hearing will be held on Decembcr 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
2
RESOLUTION 10, 2000
A RESOLUTION OF THE CTT'Y COUNCII. OF TI� CITY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE GHARTER RE'VIEW COh�NIl'TTEE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be reviewed; and
h
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CT'I'Y OF PALM BEACH GARDENS, FLORIDA:
SE�C"TION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven (7) members.
SEC'i'ION 2. The direcdon of said Committee shall be to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from ihe date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committee members shail constitute a quorum. An interim report shall be
fumished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approvat date of this Resolution.
'I'tie Cammittec shall automatically be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resolutions of the City Council.
SECTION 4. The following individuals are hereby appointed to the Charter Review
Committee:
Jonathan Gerber Leonard Rubin Fhi! Lydon Gary Fields
Steve Mathison �lle� I.avin Richard Gnienwald
SECTION 5. The City Manager shall provide space for committee meetings and shall
provide inforimation and documents upan request.
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPT� THIS 6
AITFST:
� ��
CAROL GO , CMC, CTTY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCII.WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
��
X
X
X
X
X
0
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CTTY ATTORNEY
NAY ABSENT
� ' -. F% -:> � �_ :. : . ..
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The 2002 Florida Sta.tutes
Title XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPAIITIES
166.021 Powers.--
(i) As provided in s. 2(b), Ar-t. VIII of the State Constitution, municipalities shail have the
governme�tal, corporate, and proprietary powers to enable them to conduct munidpal
govemment, perform municipai functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity o� powe� which may be exercised by the state ar its
political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the fegislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, me�ger, and exercise of extratemtorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by the constitution or by
generai law; and
(d) My subject preempted to a county pursuant to a county charter adopted under the authority
of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitutian.
(4} The provisions of this section shalt be so consirued as to secure for municipalities the broad
exercise of home rule powers granted by the constitution. It is the further intent of the Legtslature
to extend to municipalities the exercise of powers for municipal govemmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, generat or special law, o� county
charter and to remove a�y limitations, judicially imposed or otherwise, on the exerpse of home
rule powers other than those so expressly prohibited. However, nothing in this ad shali be
constrved to permit any changes in a speciai law or municipal charter which affect the exercise of
extraterritorial powers or which af�ed an area which includes lands within and without a
municipality or any changes in a speciai law or municipal charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner of thei� election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distribution of powers among elected
officers, matters prescr+bed by the charter relating to appointive boards, any change in the form of
govemment, or any rights of municipal empioyees, without approvai by referendum of the eledors
as provided in s. 166•Q31• Any other limitatio� of power upon any municipality contained in any
municipai ciiarter enaded or adopted pcior to July 1, 1973, is hereby nullified and repealed.
(5) Ali existing special acts pertaining eacclusively to the power or jurisdiction of a particular
municipality except as otherwise provided in subsection (4) shall become an ordinance of that
municipality on the effective date of this act, subject to modification or �epeat as othe� ordinances.
hrip://www.leg.state.fl.us/statuteslindex.cfin?App_mode=Display_Statute&Search Strin�t 11/1912002
(6) The governing body of a municipality may require that any person within the muniapality
demonstrate the existence of some arrangement or contract by which such person will dispose of
solid waste in a manner consistent with the ordinanoes of the county or municipality or state or
federal law. For any person who wiil produce speciai wastes or biomedical waste, as the same may
be defined by state or federal law or county or city ordinance, the mu�icipality may require
satisfactory proof of a contrad or similar arrangement by which special or biomedical wastes wiil
be collected by a qualified and duly licensed collector and disposed of in accordance with the laws
of Florida o� the Federai Government.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the
governing body of a municipality may provide fo� an extra compensation program, induding a
lump-sum bonus payment program, to reward outstanding employees whose pe�formance
exceeds standards, if the program provides that a bonus payment may not be included in an
employee's regular base rate of pay and may not be carried fon�vard in subsequent years.
(8) Entities that are funded wholly or in part by the municipality, at the discretion of the
munlclpallty, may be required by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utitizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that program may be required by the muniapality to undergo a perFormance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a need to enhance a�d expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities fo� the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the achievement of such economic devefopment
goals constitutes a public purpose. The provisio�s of this chapte� which confer powers and duties
on the governi�g body of a municipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a municipality, shal! be liberally construed in
order to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or reFnance the cost of capital projects for industrial or
manufacturing plants, leasing or co�veying real property, and making grants to private enterprises
for the expansion of businesses existing in the community or the attractio� of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers granted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
Welrnme • es ion • Committees • Legislators • Information Center • Statutes and
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Disclaimer. The information on this system is unverified. The joumals or prinbed bills of the respective chambers
http:/Jwww.leg.state.fl.uslstatutes/index.c&n?App_mode=Display_Statute&Search String-... 11/19/2002
� �°���.i�� _ �.-� � �- ..
View Statutes Search Statutes
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Constitution Laws of Florida Order
The 2042 Florida Statutes
Title XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
(1) The goveming body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the �egistered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its chaFter,
which amendment may be to any part or to all of said charter except that pa�-t describing the
boundaries of such municipality. The governi�g body of the municipality shail place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held within the munlcipaUty or at a special eledion called for such purpose.
{2) Upon adoptlon of an amendment to the charter of a municipality by a majority of the electars
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall file the revised charter with the
Department of State. All such amendments are effective on the date specified therein or as
otherwise provided in the charter.
(3j A municipality may amend its charter pursuant to this section notwithsta�ding any charter
provisions to the contrary. This section shatf be supplementat to the provisfo�s of all othe� taws
relating to the amendment of municipal charters and is not intended to diminish any substantive
or procedural power vested in any municipality by present law. A mu�icipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shali �le said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restridions by the municipality on any employee's or empioyee group's
political activity, while not wo�king, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicially construed, either by judgment o� by binding tegal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federai Constitution.
(6} Each municipality shali, by ordinance or charter provision, provide procedures for filling a
vacancy in office caused by death, resignation, or removai from office. Such ordinance or charter
provision shail also provide procedures for filting a vacancy in candidacy eaused by death,
withdrawal, or removal from the ballot af a qualified candidate following the.end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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_. _ . — . ---- .. _ _.��.::-:� „�.. . - v:::t=_...�_. �
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 43, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VI OF THE CITY CHARTER, "ADMINISTRATION AS
COUNCIL-MANAGER FORM OF GOVERNMENT," BY AMENDING
SECTION 6-1, "CITY MANAGER," TO REMOVE UNNECESSARY
LANGUAGE REGARDING THE APPOINTMENT OF PERSONS TO ACT
ON THE CITY MANAGER'S BEHALF IN THE EVENT OF ABSENCE OR
DISABILITY, TO DELETE THE RESIDENCY REQUIREMENT AND
PROCEDURES FOR REMOVAL OR SUSPENSION AND TO ALLOW THE
CITY MANAGER TO APPOINT AND REMOVE DEPARTMENT HEADS,
INCLUDING THE CITY ENGINEER, EXECUTE CONTRACTS AS
PRESCRIBED BY THE COUNCIL AND EXERCIS� POWERS
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT; PROVIDING FOR THE TITLE OF THE REFERENDUM
BALLOT AND EXPLANATORY STATEMENT; PROVIDING FOR
ADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VI of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VI, "Administration as Council-
Manager Government," of the City Charter to read as follows:
Sec. 6-1. City manager.
(a) The city council, by a majority vote of its membership, shall
appoint a city manager who shall serve at the pleasure of the city council.
The city manager shall be appointed on the basis of executive and
administrative qualifications as established by the council.
, ,
. The compensation
and benefits of the city manager shall be as determined by the city council.
The city council shall annually review the manager's performance. �e-ei�p
, ,
(b) The city manager shall be the administrative head of the
municipal government under the laws and Charter of the city responsible to
the city council for the administration of all city affairs and employees placed
in the manager's charge by or under this Charter or city ordinances. �e
,
(c) The city manager shall be responsible to the city council forthe
proper administration of all affairs of the city coming under his/her
jurisdiction, and to that end the city manager's powers and duties include:
(1) To see that the laws and ordinances are enforced.
(2) To prepare and submit an annual budget to the city council for
its consideration.
(3) To attend all meetings of the city council with right to take part
in the discussion but without having a vote.
(4) To recommend to the council for adoption such measures, as
he/she may deem necessary or expedient in the interest of the
6��
city. To keep the city council fully advised as to the financial
condition and needs of the city and to submit for its
consideration and annual budget.
(5) To appoint and remove all department heads strbjee#�e
'; to employ and remove all other
employees of the city. Provided further, however, that the ei#�t
,' city auditor shall be appointed and
removed in the sole discretion of the city council with such
appointments and removals being based upon merit and
fitness alone.
(6) To make such reports as the city council may require
concerning the operations of the city departments.
(7) To perform such other duties as may be specified in this
charter, by law, or as the city council may prescribe.
(8) To retain such specialized professional services as may be
necessary to effectively and efficiently conduct the city's affairs
in accordance with state and local laws.
(9) To execute contracts as authorized by city council or by
ordinance.
(d) No member of the city council shall dictate the appointment of
any person to office or employment by the city manager or in any manner
interfere with the city manager or prevent him/her from exercising his/her
own judgment in the appointment of officers and employees in the
administrative service. The council and its members shall deal with city
employees solely through the city manager.
- -- - -;.-- --- -.-;--; ; ---;.- -- - ---;:- :.
--:. :- _:: :.-; ;. - -- : ; -- : - -----:- -- ; ; -- - -;.--
-- --- -- --- -- --- -- ------ - - ----- -- - ---- - � ---
. . . . . . . . . . .. - ...
- - -- --- -- --- -- --- -- ------ - - --- -- - ------- --
. . . . . . . . ... ..
- ------- --- -- - -- -- ---- -- - - - -- - -- -- - - - --
.. .. .. . . . .
--: .::- -:.-- -- :- --: :-: - :.: - --- -: - -- --- :--. -;
-- - --- -- -- - -- - - --- -- - --- - -- --- -- - -- -- --
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--- -- :.: - --- -: :-- -- -;.-- -, -- - -;.-- ;. - --- ;
- - - - ------- -- - --- ---- - -- --- -- - ---- - -- -
.. . . . .... . . . . ..
----.:- --- -:- -.- : --- - . -- - --: ;--- - .- -- ---- -
:: - ; -- --:. ;- ; ---;.-
-3-
(fl By letter or memorandum filed with the city clerk, the city
manager shall designate a city officer or employee to exercise the powers
and perform the duties of city manager during the manager's absence or
disability. The city council may revoke such designation at any time and
appoint another officer or employee of the city to serve until the city manager
returns.
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION ONE
SHALL SECTION 6-1 OF THE CITY CHARTER ("CITY MANAGER") BE
AMENDED TO REMOVE UNNECESSARY LANGUAGE REGARDING THE
APPOINTMENT OF PERSONS TO ACT ON THE CITY MANAGER'S
BEHALF IN THE EVENT OF ABSENCE OR DISABILITY, TO DELETE THE
RESIDENCY REQUIREMENT AND PROCEDURES FOR REMOVAL OR
SUSPENSION AND TO ALLOW THE CITY MANAGER TO APPOINT AND
REMOVE ALL DEPARTMENT HEADS, EXECUTE CONTRACTS AS
PRESCRIBED BY THE COUNCIL AND EXERCISE POWERS
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
-4-
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this
PASSED, ADOPTED AND APPROVED this
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
, 2002.
day of , 200_.
day of , 200_
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPW in\H ISTORY\021101 A\43F.166(319.062)Igr-doc363
-5-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 44, 2002
Subject/Agenda Item:
Ordinance 44, 2002 — (Second Reading)
Submitting to Referendum An Amendment to Article VI of the City's Charter.
[ X ] Recommendation to APPROVE
L1 Recommendation to DENY
Reviewed by. Originating Dept.: Costs: $ Council Action:
- City Clerk (Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: 12/OS/02 [ ] Operating Attachments:
Paper: Palm Beach Post [] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Depar i Dir ctor Affected parties Budget Acct.#:
atricia Snider, City Clerk
Approve y: otified [ ] None
City Man er [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 44, 2002
BACKGROUND:
Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2, 18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 44, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
2
RESOLUTION 10, 2000
A RESOLUTION OF THE CTTY COUNCII. OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE CHARTER REVIEW CONIlVIITTEE;
AND, PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Chazter review" provides that the City Charter shall be reviewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven {7) members.
SEC"TION 2. The direction of said Committee shall be to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resaludon and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committee members shall constitute a quorum. An inierim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resolution.
The Committee shall automarically be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resolutions of the City Council.
SECTION 4. The following individuals are hereby appointed to the Charter Review
Committee:
7onathan Gerber Leonard Rubin Fhil Lydon Gary �elds
Steve Mathison �1Ilea Lavin Richard Gruenwald
SECTION 5. The City Manager shall provide space for committee meetings and shall
provide information and documents upon request.
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS 6
ATTEST:
� ��
CAROL GO , CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR 7ABLIN
COUNCII,WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
AYE
X
X
X
X
X
'[ i�
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SIJFFICIENCY.
� CTTY ATTORNEY
NAY
ABSENT
.,�' �",�,
i �t��"E��t$° � .�-�,�4: �. �
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View Statutes Search Statutes Constitution Laws of Florida Order
Select Year• 2002 `"� �� � o
The 2002 Florida Statutes
Title XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shail have the
governmental, corporate, and proprietary powers to enabte them to conduct municipal
government, perForm municipal functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the state or its
political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the legislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by the constitution or by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. i(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so construed as to secure for municipalities the broad
exercise of home rule powers granted by the constitution. It is the further intent of the Legislature
to extend to municipalities the exercise of powers for municipal governmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, general or speciat law, or county
charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home
rule powers other than those so expressly prohibited. However, nothing in this act shall be
construed to permit any changes in a special law or municipal charter which affect the exercise of
extraterritorial powers or which affect an area which includes lands within and without a
municipality or any changes in a speciat law or municipal charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner of their election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distribution of powers among elected
officers, matters prescribed by the charter relating to appointive boards, any change in the form of
government, or any rights of municipat employees, without approval by referendum of the electors
as provided in s. 166.031. Any other limitation of power upon any municipality contained in any
municipal charter enacted or adopted p�tor to 7uly 1, 1973, is hereby nullified and repealed.
(5) Alt existing speciai acts pertaining exctusivety to the power or jurisdiction of a particutar
municipality except as otherwise provided in subsedion (4) shall become an ordinance of that
municipality on the effective date of this act, subject to modification or repeal as othe� ordinances.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=l 11/19/2002
(6) The governing body of a municipality may require that any person within the municipality
demonstrate the existence of some arrangement or contract by which such person will dispose of
solid waste in a manner consistent with the ordinances of the county or municipality or state or
federal taw. For any person who will produce special wastes or biomedical waste, as the same may
be defined by state or federal law or county or city ordinance, the municipality may require
satisfadory proof of a contract o� similar arrangement by which special or biomedical wastes wili
be collected by a qualified and duly licensed collector and disposed of in accordance with the laws
of Florida or the Federal Government.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the
governing body of a municipality may provide for an extra compensation program, including a
lump-sum bonus payment program, to reward outstanding employees whose performance
exceeds standards, if the program provides that a bonus payment may not be included in an
employee's regular base rate of pay and may not be carried forward in subsequent years.
(8) Entities that are funded wholly or in part by the municipality, at the discretion of the
municipality, may be required by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or i� part, a discrete program of the district, only
that program may be required by the municipality to undergo a performance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the achievement of such economic development
goals constitutes a public purpose. The provisions of this chapter which confer powers and duties
on the governing body of a municipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a munitipality, shall be liberally construed in
orde� to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or reFnance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private enterprises
for the expansion of businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers granted by the 5tate Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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�t'�i�tt@ �
� ������`
View Statutes
Select Year� 2002 ��;::::
Search Statutes Constitution Laws of Florida Order
The 2002 Florida Statutes
Title XII Chapter 166 View Entire Chapter
MUNICIPAt.iTIES MUNICIPALITIES
166.031 Charter amendments.--
(1) The goveming body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipai
general election, submit to the electors of said municipality a proposed amendment to its charter,
which amendment may be to any part or to all of said charter except that part describing the
boundaries of such municipality. The governing body of the municipality shall place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held within the municipality or at a special election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall file the revised charter with the
Department of State. Ali such amendments are effective on the date specified therein or as
otherwise provided in the charter.
(3) A municipality may amend its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shatl be suppiemental to the provisions of all other iaws
relating to the amendment of municipal charters and is not intended to diminish any substantive
or pro�edural power vested in any municipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shali file said redefinition with the Department of State pursuant to the provisions of
subsection (2y.
(4) There shall be no restrictions by the municipality on any employee's or employee group's
political activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicially construed, either by judgment or by binding tegal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6} Each municipality shall, by ordinance or charter provision, provide procedures for filling a
vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter
provision shail also provide procedures for fllling a vacancy in candidacy caused by death,
withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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should be consulted for official purposes. Copyright p2000-2002 Sbte of Florida. Contact us.
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_ . _ . _ -------------------- - . . .
--- -- - - , . .
-- ._ a.:.: 'f: :::w--ns�-:�2'0-... v. _.. .
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 44, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VI OF THE CITY CHARTER, "ADMINISTRATION AS
COUNCIL-MANAGER FORM OF GOVERNMENT," BY AMENDING
SECTION 6-2, "CITY ATTORNEY," TO ALLOW THE CITY MANAGER TO
HIRE THE CITY ATTORNEY AND DETERMINE THE CITY ATTORNEY'S
COMPENSATION AND BENEFITS AND TO CLARIFY THAT THE CITY
COUNCIL OR THE CITY MANAGER MAY HIRE ADDITIONAL SPECIAL
COUNSEL TO SERVE AS LEGAL ADVISORS; PROVIDING FOR THE
TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY
STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VI of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VI, "Administration as Council-
Manager Government," of the City Charter to read as follows:
Sec. 6-2. City attorney.
(a) The city eeaRe�+ manager, ' ,
shall appoint a city attorney. The compensation and benefits of the city
attorney shall be as determined by the city eea�te� manager. The city
manager may appoint a firm or an individual to serve as the city attorney.
(b) The city attorney shall be the chief legal officer of the city
responsible for all legal affairs of the city, and shall serve as chief legal
advisor to the city council, the city manager, the city's departments and such
boards or committees as are placed in the city attorney's charge by the city
council or the city manager. The city attorney's powers and duties shall
include:
(1) Preparing or reviewing as to form and legal sufficiency all
contracts, resolution, ordinances or other documents of the
city.
(2) Appointing such assistant city attorneys to perform the duties
of his or her office as may be approved by the city manager.
(3) Prosecuting and defending �I+ legal or administrative law
actions where the city is a party.
(4) Performing such other legal services as may be requested by
the city council or the city manager.
(5) Performing such other duties as may be required by state law,
this charter or ordinance.
(c) The city council or the city manager may also ap�pai�� hire one
or more special counsel to serve as legal advisors to the city council, the city
manager and city departments, officers and agencies with respect to specific
legal proceedings or matters to conduct city affairs in an efficient manner in
accordance with state law, this charter or ordinance of the city.
-2-
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION TWO
SHALL SECTION 6-2 OF THE CITY CHARTER ("CITY ATTORNEY") BE
AMENDED TO ALLOW THE CITY MANAGER TO HIRE THE CITY
ATTORNEYAND DETERMINE THE CITYATTORNEY'S COMPENSATION
AND BENEFITS AND TO CLARIFY THAT THE CITY COUNCIL OR THE
CITY MANAGER MAY HIRE ADDITIONAL SPECIAL COUNSEL TO SERVE
AS LEGAL ADVISORS?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
-3-
PASSED, FIRST READING this
PASSED, SECOND READING this
PASSED, ADOPTED AND APPROVED this
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
day of , 2002.
day of , 200_
day of , 200_
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPWin\H I STORY\021121 A\43F.170(319.062)Igr-doc368
�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 45, 2002
Subject/Agenda Item:
Ordinance 45, 2002 — (Second Reading)
Submitting to Referendum An Amendment to Article VII Of The City's Charter.
[ X ) Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: 12/OS/02 [ ] Operating Attachments:
Paper: Palm Beach Post [] Other -Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Dep n' ector Affected parties Budget Acct.#:
C
' atricia Snider, City Cler
Approved by: Notified [ ] None
City M ger [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 45, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
• City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
• According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
l. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2, 18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 45, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
RESOLUTION 10, 2000
A RES�LUTION OF THE GTTY C4UNCII. OF TI� C�'I`Y
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE CHARTER REVIEW COMMITTEE;
AND, PR4VIDING FOR AN DATE.
WHEREAS, Section 22-1 of the City of Pa�i Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be nviewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the Ciry of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven (7) members.
SEC"TION 2. The direction of said Committee shail be to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four {4) Committee members shall constitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of tE►is Resolution.
The Committee shall automadcally be dissolved thirry (34) days from the daxe of the final
repoR unless the time period is extended by subsequent resolutions of the City Council.
SEGTION 4. The following individuals are hereby appointcd to the Charter Review
Committee:
Jonathan Gerber Leonard Rubin Phil Lydon Gary Fields
Steve Mathison �il�� Lavin Richard Gruenwald
SFCTION 5. The City Manager shall provide space for committee meetings and shall
provide infom�ation and doCUments upon request�
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED ANll ADOP'1'ED THIS 6
AITFST:
� ��
CAROL GO , CMC, CITY CLERK
VOTB:
MAYOR RUSSO
VICE MAYOR JABLiN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELIA
�i�
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SLIFr�ClENC7�.
�
CTTY ATTORNEY
AYE NAY
X
X
X
X
X
ABSENT
„....^,,'�.�r
` �E�IeEiE R '�
� �������� _
View Statutes Search Statutes Constitution Laws of Florida Order
Setect Year• 2002 ; �� �`�e -
The 2002 Florida Sta.tutes
TiNe XII Chapte� 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shail have the
governmental, corporate, and proprietary powers to enabie them to conduct municipal
government, perform municipai functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose” means any activity or power which may be exercised by the state or its
political subdivisions.
(3) The Legislatu�e recognizes that pursuant to the grant of power set forth i� s. 2(b), Art. VIII of
the State Constitution, the tegislative body of each municipality has the power to enact legisiation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(bj Any subject expressly prohibited by the constitution;
(c) Any subject eacpressly preempted to state or county govemment by the constitution or by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so construed as to secure for municipatities the broad
exercise of home rule powers granted by the constitutian. It is the further intent of the Legisiature
to extend to municipalities the exercise of powers for municipal govemmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, general or special law, or county
charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home
rule powers other than those so expressly prohibited. However, nothing in this ad shall be
construed to permit any changes in a special (aw or municipal charter which affect the exercise of
extratemtoriai powers or which affect an area which includes lands within and without a
muniapality or any changes in a speciai law or municipat charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner of their election except
for the selection of election dates and qualifyi�g periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distribution of powers among elected
officers, matters prescribed by the charter relating to appointive boards, any change in the form of
gover�ment, or any rights of municipat employees, without approvat by referendum of the electors
as provided in s. 166.031. Any other limitation of power upon any municipality contained in any
municipal charter enaded or adopted pcio� to July 1, 1973, is hereby nullified and repealed.
(5) All existing speciai acts pertaining exctusivety to the power or jurisdidion of a particular
municipality except as otherwise p�ovided in subsection (4) shail become an ordinance of that
municipality on the effective date of this act, subject to modification or repeat as other ordinances.
http://www.leg.state.fl.us/statute�ndex.cfin?App_mode=Display Statute&Search Strin�t 11/19i2002
(6) The governing body of a municipality may require that any person within the mu�icipality
demonstrate the existence of some arrangement or contract by which such person will dispose of
solid waste in a manner consistent with the ordinances of the county or municipality o� state or
federal law. For any person who wili produce special wast� or biomedicat waste, as the same may
be defined by state or federal law o� county or city ordinance, the mu�icipality may require
satisfactory proof of a contract or similar arrangement by which special or biomedical wastes wiU
be collected by a qualified and duiy licensed collector and disposed of in accordance with the laws
of Florida or the Federal Government.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215•425, the
gove�ning body of a muniapality may provide for an extra compensation program, including a
lump-sum bonus payment program, to reward outstanding empfoyees whose performance
exceeds standards, if the p�ogram provides that a bonus payment may not be inciuded in an
employee's regular base rate of pay and may not be carried forvvard in subsequent years.
(8) Entities that are funded wholly or in part by #he municipality, at the discretion of the
municipality, may be required by the municipaflty to conduct a performance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or interlocal
agreeme�t for the purposes of funding, in whole or in part, a discrete p�ogram of the district, only
that program may be required by the municipality to undergo a performance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a �eed to enhance a�d expand economic activity in
the municipalities of this state by att�acting and retaining manufacturing development, business
enterprise management, and otfier activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy i� the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creatio� of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and retain business
enterp�ises, and the use of public funds toward the achieveme�t of such economic development
goals constitutes a public pu�pose. The provisions of this chapter which confer powers and duties
on the goveming body of a municipality, including any powers not specifically prohibited by law
which pn be exercised by the goverRi�g body of a municipality, shal! be liberally construed in
order to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projeds for industrial or
ma�ufacturing ptants, leasing or conveying real property, and making grants to private enterprises
for the expansion af businesses existing in the community or the attraction of new businesses to
the rnmmunity.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers granted by the State Constitution for municipatities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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Qt��ttfe � �:�s ,p � �, ,a. �
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Vieav Statutes Search Statutes
Select Year 2002 ;��;
Constitution Laws of Florida Order
The 2002 Florida Statutes
Ti e XII Cha�ter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
(1) The governing body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its cha�ter,
which amendment may be to any part or to atl of said charter except that part describing the
boundaries of su� municipality. The goveming body of the municipality shall place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held withfn the municipality or at a speciai election called for such purpose.
(2) Upon adoption of an amendment to the charte� of a municipality by a majority af the electors
voting in a referendum upan such ame�dment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall file the revised charter with the
Department of State. All such amendments are effective on the date specified therein or as
otherwise provided in the charter.
(3) A municipality may arnend its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shatt be suppiemental to the provisions of all other laws
relating to the amendment of municipai charters and is not intended to diminish any substantive
or procedu�al power vested in any municipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously a�nexed
and shall file said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shail be no restrictions by the municipality on any employee's or employee group's
political activity, while not woricing, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the gove�ning body, alsolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicially construed, either by judgment or by binding tegal precedent from a decision of
a court of last resort, to be contrary to either the State Canstitution or Federal Constitut�on.
(6) Each municipality shall, by ordinance or charte� provision, provide procedures for filling a
vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter
provision shail also provide procedures for filling a vacancy in candidacy eaused by death,
withdrawal, or removal from the ballot of a qualified candidate following the.end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch- 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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shouid be consulted for offitial purposes. Copy�ight �2000-2002 State of Florida. Contad us.
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- � - - - -------- ----- --. � �. � -
-------- - - .� :,�,.,.. . _ _ .
— ---- . _,.�.:- ,:=.�-_.:-_.....
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 45, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VII OF THE CITY CHARTER, "MERIT SYSTEM," BY
AMENDING SECTION 7-2, "PERSONNEL SYSTEM," TO ALLOW THE
CITY MANAGER TO ADOPT, REGULATE AND MAINTAIN A PERSONNEL
SYSTEM AND TO REMOVE THE REQUIREMENT THAT THE
PERSONNEL SYSTEM BE ADOPTED BY ORDINANCE; PROVIDING FOR
THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY
STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the �lorida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VII of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City
Charter to read as follows:
Sec. 7-2. Personnel system.
Consistent with all applicant federal and state laws, the city eet�fle�
manager shall provide e for the creation, regulation and
maintenance of a personnel system with established procedures and policies
including, but not limited to, appointments, classification and pay plans,
promotions, force reduction, removals, working conditions, grievances,
relationships with employee organizations and other policies and procedures
necessary to the administration of the city personnel system.
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION THREE
SHALL SECTION 7-2 OF THE CITY CHARTER ("PERSONNEL SYSTEM")
BE AMENDED TO ALLOW THE CITY MANAGER TO ADOPT, REGULATE
AND MAINTAIN A PERSONNEL SYSTEM AND TO REMOVE THE
REQUIREMENT THAT THE PERSONNEL SYSTEM BE ADOPTED BYTHE
CITY COUNCIL BY ORDINANCE?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
-2-
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
day of
2002.
, 200 .
, 200_
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPWin\H ISTORY\021101 A143F.16C(319.062)Igr-doc364
-3-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 46, 2002
Subject/Agenda Item:
Ordinance 46, 2002 — (Second Reading)
Submitting to Referendum An Amendment to Article VIII of the City Charter.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $' Council Action:
City Clerk (Total)
City Attorney �� [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: 12/OS/OZ L] �peraring Attachments:
Paper: Palm Beach Post [] Other -Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Dep ' e tor Affected parties Budget Acct.#:
P tiE� %
ricia Snider, City Clerk
Approved by: Notified [ ] None
,,
?.L.u.
City Manager [ ] Not required
-_ �: � wa _
Date Prepared: Novemb�X 19, 2��2� �
Meeting Date: December 19; �QQ2
Ordinance: 46, 2"U0�
BACKGROUND: �, _
• Resolution 10, 2000, adopted on A�i".i 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
City staff reviewed the City Charter and City Code and presented thear
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2, 18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
l. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 46, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. �It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
. _a . �..u�..�� .�a..��-�.�.. -
RESOLUTION 10, 2000
A RESOLUTION OF THE C�TY COUNCII. OF THE CTTY
OF PALM BEACH GARDEN�,;� FLORIDA, APPOINTING
MEMBERS TO THE CHARTEIZ;REVIEW CO1��Il�!QITEE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entetled "Charter review" pmvides that �e City Chatter shall be neviewed; and
WI�REAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee coraprised of seven {7) members.
SEC"TION 2. The direcdon of said Committee shall l� to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committee members shall constitute a quorum. An interim report shall be
fiunished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resolution.
The Committcc shail automaticaliy be dissolved thirty (30} days from the date of the final
report unless the dme period is extended by subsequent resolutions of the City Council.
SECTION 4. The following individuals are hereby appointed to the Charter Review
Conunittee:
Jonathan Gerber I.eonard Rubin Phil Lydon Gary Fields
Steve Mathison �ile� Lavin Richard Gruenwald
SECTION 5. The City Manager shall provide space for committee meetings and shall
provide information and documents upon reques�
SECTTON 6. This Resolution shall be effective upon adoption.
_ _ _ _ .� :�� � -."w � . �: ._. .,
INTRODUCED, PASSED AND ADOPTID'THIS 6
AITEST:
� ��
CAROL GO , CMC, CITY CI�RK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
AYE
X
X
X
X
X
'l i�
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
� C1TY ATTORNEY
�
NAY ABSENT
�"° `�
����� � � �� � � +'� I
i �������� �
View Statutes Search Statutes
Se[ect Year: 2002'�
Constitution
Laws of Florida
�
The 2002 Florida Sta.tutes
Title XII Chapte� 166 �ew Entire Cha er
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
Order
(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct muniapai
govemment, perform municipai functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the state or its
political subdivisions.
(3) The Legislature rerngnizes that pursuant to the grant of power set fo�th in s. 2(b), Art. VIII of
the State Constitution, the tegislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by the constitution or by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so consirued as to secure far municipalities the broad
exercise of home nale powers granted by the constitution. It is the further intent of the Legislature
to extend to municipalities the exercise of powers for municipal govemmental, oorporate, or
proprietary purposes not expressly prohibited by the canstitution, general or special law, or county
charter and to remove any limitations, judicially imposed o� otherwise, on the exercise of home
rule powers other tha� those so expressly prohibited. However, nothing in this ad shall be
construed to permit any changes in a special law or municipal charter which affect the exercise of
extraterritorial powers or which affect an area which includes lands within and without a
municipality or any changes in a speciai law or municipai charter which af%ct the creation or
existence of a municipality, the terms of elected officers and the manner of theic election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in eledion dates, the distributian of powers among elected
officers, matters prescribed by the charter relating to appointive boards, any change in the form of
government, or any rights of municipal employees, without approval by referendum of the electors
as provided in s. 166.031. Any other limitation of power upon any municipality contained in any
municipal charter enaded or adopted p�ior to ]uly 1, 1973, is hereby nullifled and repealed.
(5) Ali existing speciai acts pertaining exctusively to the power or jurisdidion of a particular
municipality except as otherwise p�ovided in subsection (4) shall become an ordinance of that
municipality on the effective date of this act, subject to modification or repeal as othe� ordinances.
http:/Iwww.leg.state.fl.us/statutes/index.cfrn?App_mode=Display_Statute&Search Strin�t 1 i/19/2002
(6) The governing body of a municipality may require that any person within the munidpality
demonstrate the existence of some arrangement or contract by which such person will dispose of
solid waste in a manner consistent with the ordinances of the county or municipality or state or
fede�al law. For any person who will produce special wastes or biomedical waste, as the same may
be defined by state or federal law vr county or city ordi�ance, the municipality may require
satisfactory proof of a contract or similar arrangement by which special or biomedical wastes wiH
be wtlected by a qualified and duly licensed collector and disposed of in accordance with the laws
of Florida or the Federai Govemment.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the
governing body of a municipality may provide for an extra compensation program, induding a
lump-sum bonus payment program, to reward outstanding employees whose performance
exceeds standards, if the program provides that a bonus payment may not be included in an
employee's regular base �ate of pay and may not be carried forward in subsequent years.
(8) Entities that are funded wholly or in part by the municipality, at the discretian of the
municipality, may be required by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shail not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the mu�icipality to wllect taxes, assessments, fees, or other revenue. If
an independent special district receives municipai funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that program may be required by the muniapality to undergo a performance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and �etention of private enterprises within its bo�ders.
Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to econornic promotion, in orcler to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, a�d to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and retain business
enterp�ises, and the use of public funds toward the achievement of such economic development
goals constitutes a public purpose. The provisions of this chapter which confer powers and duties
on the governing body of a municipality, including any powers not specifically prohibited by law
which pn be e�cercised by the gove�rting body of a municipality, shall be liberally construed in
order to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing pla�ts, leasing or conveying real property, and making grants to private enterprises
for the expansion of businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers grented by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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Q(�i��tt� •
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View Statutes Search Statutes Constitution laws of Florida Order
Seled Year• �02 -:=:
The 2002 Florida Statutes
Title XII Chapter 166 View Entire Cha_pter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
(1) The goveming body of a municipality may, by ordinance, or the electors of a municipality
may, by petitlon signed by 10 percent of the registered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its cha�ter,
which amendment may be to any part o� to all of said charter except that part describing the
boundaries of such municipality. The governing body of the municipality shall place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held within the municipaUty or at a special election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall file the revised charter with the
Department of State. All such amendments are effective on the date specifed therein or as
otherwise provided in the charter.
(3) A municipality may arnend its charter pursuant to this section notwithstanding a�y charter
provisions to the contrery. This section shat{ be supptemental to the provisio�s of all other laws
relating to the amendment of municipal charters and is not intended to diminish any substantive
or procedural power vested in any mu�icipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shall file said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictians by the municipality on any employee's or employee group's
political activity, while not working, in any referendum changing employee �ights.
(5) A municipality may, by unanimous vote of the govemi�g body, abolish municipal departments
provided for in the municipal charter and amend provisio�s or language out of the charter which
has been judicially construed, either by judgment or by binding legal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a
vacancy in office caused by death, resignation, or removal from office. Such ordlnance or charter
provision shall also provide procedures for filling a vacancy in candidacy caused by death,
withdrdwal, or removal from the ballot of a qualified candidate following the end of the qualifying
period which leaves fewer than two candidates fo� an office.
History.--s. l, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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Constitution • Lobbyist Information
Disdaimer. The informafion on this system is unve�ified. The joumals or printed bills of tfie r+espec6ive chambers
should be consulted for official purposes. Copyrlght �2000-2002 State of Florida. Contact us.
http://www.leg.state.fl.uslstatuteslindex.cfin?App_mode=Display_Statute&Search String=t 11/19/2002
- - - - - ---------- ------- . � . -
_ _. —..__ . _:��.:-x ;� . -�:��_:=-- .. ..
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 46, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VIII OF THE CITY CHARTER, "DEPARTMENT HEADS," BY
DELETING SECTION 8-1, "SALARY, DUTIES, POWERS AND
COMPLAINT," AS UNNECESSARY AND OBSOLETE; PROVIDING FOR
THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY
STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VIII of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City
Charter to read as follows:
Sec. 8-1. Salary, duties, powers and complaint.
-- - ----:;- --- -- :; -- -.-- ;-;:----- - --: :::: - -.--
:-:.----- --:;- -- - - ------- ; -- -- - -- ----_:---- ; -- -
-- --:: : ---- ;-:_----- - -- - ;;.- ----- --- -- -
::.- ----- - -.;- -;- ; -.-- ;-;:----- --; --- --- -- --
-.:: : -- - ;- -- - --; ---::.--- - ---- =-=----- -:--; - --;
-- ; -- - : : ------ - - --; . -- - - -: ; -- ;;. - - --: :. -- :
----=-=------
� ----- - - - - -- --------- ---- ----- - -- -- - - - --
- . . . . .. .. . . . .
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- - ----- - - - - -- - --- -- - -- --- ----- - --
.. . . . . . . . . ..
-;--; - --- --- --- ;- -- :. : -- ;-------- ---= - - -- -- -
-- -;--; - - --, --- - - -;;- ; - - -- -, -:- --; --;------:: .--
; -- - ----:;- - - ---- ;: - -- ---- ; - - -.-- ;-;-
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.�!�ww�dr�:�
- . . ::, - - : :. -- ;- --- =-=------ - --- ;-
--: -; ;. -- - ----_;-
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
-2-
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION FOUR
SHALL SECTION 8-1 OF THE CITY CHARTER ("SALARY, DUTIES,
POWERS AND COMPLAINT") PROVIDING FOR THE ESTABLISHMENT
AND APPOINTMENT OF DEPARTMENT HEADS AND FOR A
PROCEDURE TO INVESTIGATE COMPLAINTS TO DEPARTMENT
HEADS CONCERNING THE FAILURE OF THEIR DEPARTMENT TO
ENFORCE ANY LAW, ORDINANCE OR RULE BE DELETED AS
UNNECESSARY AND OBSOLETE?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
-3-
2002.
200
day of , 200_
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPWin\HI STORY\021101 A\43F.16D(319.062)Igr-doc365
-4-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 47, 2002
Subject/Agenda Item:
Ordinance 47, 2002 — (Second Reading)
Submitting to Referendum An Amendment to Article IX of the City's Charter.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Attorney [ ] Approved
$� [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Sowce: [] Continued to:
Date: 12/OS/02 [ ] Operating Attachments:
Paper: Palm Beach Post [] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Dep t D ctor Affected parties Budget Acct.#:
Patricia Snider, City Clerk
Approve by: . [ ] Notified [ ] None
City Mana er j] Not required
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 47, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
• City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
• According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2, 18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166:031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 47, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
RESOLUTION 10, 2000
A RESOLUTION OF TT� CTTY COUNCII. OF THE CTI'Y
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE CHARTER REVIEW CONIlVIlTTF.E;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be r�viewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY 1'�IE GITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven {7) members.
SEC'TION 2. The direction of said Committee shall be to conduct a review of the
enisting Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committee members shall constitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resolution.
The Committee shall automatically be dissolve�i thirty {30) days fram the date of the final
report unless the dme period is extended by subsequent resolutions of the City Council.
SECTI�N 4. The following individaals are hereby appointed to the Charter Review
Committee:
Jonathan Gerber L.eonard Rubin Phil Lydon Gary Fields
Steve Mathison �Ilen Lavin Richard Gnxenwald
SECTION 5. The City Manager shall provide space far committee meerings and shall
pmvide information and documents upon reques�
SECTION 6. This Resolution shall be effective upon adoption.
INTRODLTCED, PASSED AND ADOPTED THIS 6
ATTF.ST:
� ��
CAROL GO , CMC, CTTY Ci�RK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCII.WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
AYE
X
X
X
X
X
n
�i�
R. RUSSO
APPROVF.D AS TO LEGAL FORM AND
SIJFFICIENCY.
C1TY ATTORNEY
NAY
ll�Sr.�1\ 1
`� Q�e�!`'��e� �
� ��� , �
View Statutes Search Statutes Constitutio� Laws of Florida Order
Select Year• 2802 � �s--
The 2002 Florida Sta.tutes
Title XII Chapte� 166 View Errtire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(i) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the
govemmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipai functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any acfivity or power which may be exercised by the state or its
political subdivlsions.
(3) The legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the tegisla#ive body of each municipality has the power to enact legislation
concerning any subject matter upon which the state legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require
general or speciai law pursuant to s_ 2(c), Art. VIII of the State Constitution;
(b) My subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county govemme�t by the constitution or by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. i(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section sha(( be so construed as to secure for municipalities the broad
exerdse of home rule powers g�anted by the constitution. It is the further intent of the Legtslature
to extend to municipalities the exercise of powers for municipal governmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, generat or special law, or county
charter and to remove any limitations, judicially imposed or otherwise, on the exerase of home
rule powers other than those so expressly prohibited. However, �othing in this act shall be
constived to permit any changes in a special law or municipal charter which affect the exercise of
extraterritorial powers or which afFect an area which includes iands within and without a
municipality or any changes i� a special law o� municipal charter which af%ct the creation or
existence of a municipality, the terms of elected officers and the manner of their election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distribution of powers among elected
officers, matters prescribed by the charter relating to appointive boards, any change in the form of
government, or any rights of municipat employees, without approvai by referendurn of the electors
as provided in s. 16 . 1 Any other limitation of power upon any municipafity rnntained in any
municipal charter enacted or adopted p�to� to July i, 1973, is hereby nullified and repealed.
{5) Ali exisfing speciat acts pertaining exc(usivety to the power or jurisdiction of a particular
municipality except as otherwise provided in subsection (4) sfiaii become an ordinance of that
municipality on the effective date of this act, subject to modification or repeat as othe� ordinances.
http://www.leg.state.fl.us/statute�ndex.cfm?App mode=Display_Statute&Search String=t 11/19/2002
(6) The governing body of a municipality may require that any person within the muniapality
demonstrate the existence of some arrangement or contract by which such person wii! dispose of
solid waste in a manner consistent with the ordinances of the county or municipality o� state or
federal law. For any person who will produce special wastes or biomedical waste, as the same may
be defined by state or federa! law or county or city ordinance, the municipality may require
satisfadory proof of a contract or similar arrangement by which special or biomedical wastes will
be collected by a qualified and duly licensed coliector and disposed of in accordance with the laws
of Flo�da o� the Federal Govemment.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 21S•425' the
goveming body of a municipatity may provide for an extra compensation prog�am, including a
lump-sum bonus payment program, to reward outstanding empioyees whose performance
exceeds standards, if the program provides that a bonus payrr�ent may not be iRCluded in an
employee's regular base rete of pay and may not be carried forward in subsequent years.
(8) Entities that are funded wholiy or in part by the mu�icipality, at the discretion of the
municipality, may be required by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or inte�local
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that program may be required by the municipality to undergo a performance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a �eed to enhance a�d expand economic activity in
the municipalities of this state by attrecting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in orcler to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
pubiic interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the achievement of such economic development
goals constitutes a public purpose. The provisions of this chapter which confer powers and duties
on the goveming body of a municipality, including any powers not specificaily prohibited by law
which can be exercised by the governing body of a municipality, shall be tiberally construed in
order to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, i�cluding, but not limited to, developing o� improving local
infrastrudure, issuing bonds to fi�ance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private enterprises
for the expansion of businesses existing i� the community or the attraction of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers granted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 94-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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Constitution
Laws of Florida
The 2002 Florida Statutes
Title XII Cha�ter 166 View Enti�e Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
Order
(1) The goveming body of a municipality may, by ordinance, or the etectors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its chaFter,
which amendment may be to any part or to all of said charter except that part describing the
boundaries of such municipality. The goveming body of the municipality shall ptace the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held withfn the munfcipality or at a speciai election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipatity by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendme�tt incorporated into the charter and shall fle the revised charter with the
Department of State. All such amendments are effective on the date specified therein or as
otherwise provided in the charter.
(3) A municipality may arnend its charte� pursuant to this section notwithstanding any charter
provisions to the contrary. This section shali be supplemental to the provisions of afl other laws
relating to the amendment of municipai charters and is not intended to diminish any substantive
or procedural power vested in any mu�icipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to indude only those lands previously annexed
and shall file said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictions by the municipality on any employee's or employee group's
poiiticai activity, while not working, in any referendum changing empioyee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicially construed, eithe� by judgment or by binding legal preceQent from a decision of
a court of tast resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shali, by ordinance or charter provision, provide procedures for fiiling a
vacancy in office caused by death, resignation, or removal from office. Such oMinance or charter
provision shail also provide procedures for fiiling a vacancy in candidacy caused by death,
withdrawal, or removal from the bailot of a qualified candidate following the.end of the qualifying
period which leaves fewer than two candidates for an offlce.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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_ .. - - - ----------- ------- . : �
- _ . . _.��.: -.� ::�.r.�. . , =t = �.
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 47, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE IX OF THE CITY CHARTER, "APPOINTMENT, POWERS
AND DUTIES OF CITY OFFICERS," BY AMENDING SECTION 9-1,
"POWERS AND DUTIES OF THE MAYOR," TO DELETE ANY
REFERENCE TO THE "CHIEF EXECUTIVE OFFICER" AND TO CLARIFY
THE MAYOR'S DUTIES CONSISTENT WITH THE COUNCIL-MANAGER
FORM OF GOVERNMENT; PROVIDING FOR THE TITLE OF THE
REFERENDUM BALLOTAND EXPLANATORYSTATEMENT; PROVIDING
FORADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18,1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article IX of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City
Charter to read as follows:
Sec. 9-1. Powers and duties of the mayor.
The mayor shall preside as
chairman at meetings of the city council, shall be recognized as head of city
government for all ceremonial purposes, by the governor for purposes of
military law, for service of process, execution of contracts, deeds and other
documents, and as the city official designated to represent the city in all other
governmental meetinas
', but shall have no administrative duties except
as required to carry out the responsibilities herein. The mayor shall have a
voice and vote in the proceedings of the city council.
The vice-mayor shall assume the duties of the mayor during the
absence or disability of the mayor.
In the absence or disability of both the mayor and vice-mayor, the city
council may appoint a chairman pro tem to fulfill the duties and functions of
said office.
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
6��
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION FIVE
SHALL SECTION 9-1 OF THE CITY CHARTER ("POWERS AND DUTIES
OF THE MAYOR") BE AMENDED TO DELETE ANY REFERENCE TO THE
"CHIEF EXECUTIVE OFFICER"AND TO CLARIFYTHE MAYOR'S DUTIES
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT?
YES
�
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of , 2002.
this
PASSED, ADOPTED AND APPROVED this
-3-
day of
d ay of
r��
r��
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:1CPW in\HISTORY�021101 A143F.16E(319.062)Igr-doc365
�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 48, 2002
Subject/Agenda Item:
Ordinance 48, 2002 — (Second Reading)
Submitting to Referendum An Amendment to Article XVIII to the City's Charter .
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Atto ey [ ] Approved
$ [ ]Approved w/
Cunent FY conditions
[ ] Denied
Advertised: Funding Sowce: [] Continued to:
Date: 12/OS/02 [ ] Operating Attachments:
Paper: Palm Beach Post ,[] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Dep ent ' ector Affected parties Budget Acct.#:
Patricia Snider, City Clerk
Appro d by: -[ ] Notified [] None
City M ger [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 19, 2002
Ordinance: 48, 2002
BACKGROUND:
Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2, 18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 48, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's of�ce will conduct the referendum election.
x�soLV•riorr ia, Z000
A RESOLUTION OF THE CITY C4UNCII. OF TF� C1TY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE CHARTER REVIEW COMMITT�.E;
AND, PROVIDING FOR AN EFPECTIVE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be rcviewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TAE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, F7orida, hereby
creates a Charter Review Committee comprised of seven {7) members.
SEC'TION 2. The direction of said Committee shall be to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committee members shall constitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resolution.
The Committee shall automatically be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resaludons of the City Council.
SECTION 4. The folIowing individuals are hereby appoint�d to the Charter Review
Committee:
Jonathan Gerber Leonard Rubin Phil Lydon Gary Fields
Steve Mathison �lle�► Lavin Richard Gruenwald
SECTION S. The City Manager shall provide space for committee meetings and shall
provide inforimation and documents upon reques�
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THLS 6
AITFST:
� ��
CAROL GO , CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCII.WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELTA
��
X
X
X
X
X
0
���
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFIC7ENCY.
�
C1T'Y ATTORNEY
NAY ABSENT
�`""".,�
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TiHe XII Chapter 16¢ �ew Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
Order
(1) As provided in s. 2{b), Art. VIII of the State Constitution, municipalities shaii have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipa) functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the state or its
political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Co�stitution, the legislative body of each municipality has the power to enact legislatio�
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject exp�essly prohibited by the constitution;
(c} Any subject expressly preempted to state or county government by the constitution or by
general law; and
(d) My subject preempted to a county pursuant to a county charter adopted under the authority
of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section sha(I be so construed as to secure for municipalities the broad
exercise of home n�le powers granted by the constitution. It is the further intent of the Legislature
to extend to municipalities the exerase of powers fo� municipal governmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, general or special law, or county
charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home
rule powers other than those so expressly prohibited. However, nothing in this act shall be
rnnstrved to permit any changes in a special law or municipai charter which affect the exercise of
extraterritorial powers or whid� affect an area which includes lands within and without a
municipality or any changes in a speciai law or municipal charte� which affect the creation or
existence of a municipality, the terms of elected officers and the manner of their election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distribution of powers among elected
offi�ers, matters prescribed by the charter relating to appointive boards, any change in the form of
govemment, or any rights of municipal employees, without approvai by refe�endum of the electors
as provided in s. 166.031s Any other limitatio� of power upon any municipality contained in any
municipal charter enaded or adopted p�lor to July 1, 1973, is hereby nullified and repealed.
(5) All existing speciai acts pertaining exclusivety to the power or jurisdiction of a particuiar
municipality except as otherwise provided i� subsection (4) shall become an ord'+nance of that
municipality on the effective date of this act, subject to modification or �epeat as othe� ordinances.
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(6) The governing body of a municipality may require that any person within the muniapality
demonstrate the existence of some arcangement or contract by which such pefson will dispose of
solid waste ln a manner consistent with the ordinances of the county or municipality or state or
federal law. Fo� any person who will produce special wastes or biomedical waste, as the same may
be defined by state or federai law or county or city ordina�ce, the municipality may require
satisfactory proof of a contrad or similar arrangement by which special or biomedical wastes will
be wllected by a qualified and duly licensed collector and disposed of in accordance with the laws
of Florida o� tfie Federal Govemment.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the
gove�ning body of a municipality may provide for an extra compensation program, including a
lump-sum bonus payment program, to reward outstanding employees whose performance
exceeds standards, if the program provides that a bonus payment may not be included in an
employee's regular base rate of pay and may not be carried forward in subsequent years.
(8) Entities that are funded wholly or in part by the municipality, at the discretion of the
municipality, may be required by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipai funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that prog�am may be �equired by the municipality to undergo a perfomnance audit.
(9)(a) The Legislatu�e finds and declares that this state faces increasing competition from other
states a�d other countries for the location and retention of private enterprises within its borders.
Futthermore, the Legislature finds that there is a need to enhance and expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment oppoitunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The goveming body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the achievement of such economic development
goals constitutes a public purpose. The provisiorts of this chapter which confer powers and duties
on the governing body of a municipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a rnunicipality, shall be liberelly canstrued in
order to effectively carry out the purposes of tnis subsection.
{c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private enterprises
for the expansion af businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothi�g contained in this subsection shall be constn�ed as a limitation on the home nile
powers granted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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The 2002 Florida Statutes
Title XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
(1) The goveming body of a municipality may, by ordi�ance, or the etectors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its cha�ter,
which amendment may be to any part or to ail of said charter except that part describing the
boundaries of such municipality. The goveming body of the municipality shalf place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election heid within the municipality or at a special election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendme�t incorporated into the charter and shall file the revised charter with the
Department of State. All such amendme�ts are effective on the date specified therein or as
otherwise provided in the charter.
(3) A municipality may amend its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shall be supplementat to the provisions of all other laws
relating to the amendment of municipai charters and is not intended to diminish any substantive
or procedu�ai power vested in any municipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shall file said redefinition with the Departme�t of State pursuant to the provisions of
subsection {2).
(4) There shall be no restrictians by the municipality on any employee's or employee group's
political activity, while not worlcing, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
provided for in the municipal charter and amend prav�sions or language out of the charte� which
has been judicially construed, either by judgment or by binding legai precedent from a decision of
a wurt of iast resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a
vacancy in office caused by death, resignation, or removai from office. Such ordinance or charter
provision shail also provide procedures for filting a vacancy in candidacy caused by death,
withdrawal, or removal f�am the ballot of a qualified candidate following the end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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_. . . _ . _ .. __-_.... . ._.yc_: ��t :��ww2�. � - �ic� ` ....- . . ..
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 48, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE XVIII OF THE CITY CHARTER, "ORDINANCES AND
RESOLUTIONS," BY DELETING SECTION 18-1, "MEETING AND
PROCEDURE OF CITY COUNCIL," AND SECTION 18-4, "POSTING OR
PUBLICATION OF ORDINANCES," AS OBSOLETE AND INCONSISTENT
WITH FLORIDA STATUTES AND RENUMBERING THE REMAINING
PROVISIONS OF CHAPTER XVIII; PROVIDING FOR THE TITLE OF THE
REFERENDUM BALLOTAND EXPLANATORYSTATEMENT; PROVIDING
FORADVERTISING; PROVIDING FORCODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article XVIII
of the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article XVI I I, "Ordinances and Resolutions,"
of the City Charter to read as follows:
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***
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
-3-
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION SIX
SHALL SECTIONS 18-1 ("MEETING AND PROCEDURE OF CITY
COUNCIL") AND 18-4 ("POSTING OR PUBLICATION OF ORDINANCES")
OF THE CITY CHARTER BE DELETED AS OBSOLETE AND
INCONSISTENT WITH REQUIREMENTS OF FLORIDA STATUTES
RELATING TO THE ADOPTION AND PUBLICATION OF ORDINANCES
AND RESOLUTIONS AND THE REMAINING PROVISIONS OF CHAPTER
XVIII BE RENUMBERED?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
2002.
this day of , 200_
PASSED, ADOPTED AND APPROVED this day of
-4-
200
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPWin\H ISTORY�021101 A\43F.16F(319.062)Igr-doc367
-5-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37, 2002
Subiect/Agenda Item:
Ordinance 37, 2002: Oakbrook Square Shopping Center PUD Amendment
Public Hearin� (Continuedl / Second Reading: Mr. Bruce A. Arthur, of William Hamilton Arthur
Architects, Inc., agent for poron Valero and Equity One Realty & Management, Inc., is
requesting an amendment to a Planned Unit Development (PUD) for renovation of the 20.8-acre
Oakbrook Square Shopping Center site, including the addition of a new 6,000 square-foot retail
building alongside U.S. Highway One. The site is located at the northeast corner of PGA
Boulevard and U.S. Highway One.
[ X] Recommendation to APPROVE with conditions
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA Council Action:
Growth Management: [ ] Approved
Principal Planner
Talal Benothman, AICP Costs: $
___ - — Project Total [] App. w/ conditions
� Manager
City Attorney .%
Leonard Rubin, Jackie Ho lo an $ [] Denied
Development � Planner Cunent FY
Compliance [ ] Continued to:
Bahareh Wolfs, A Funding Source:
Submitted by: Attachments:
Growth Mana nt Advertised: [] Operating � Tables 1& 2
Administrato Date: October 24, 2002 [X] Other NA • Ordinance 37, 2002
Charles K. Wu, AICP Paper: Palm Beach Post • Administrative Approval
Budget Acct.#: • Ordinance 47, 1999
NA • Applicant's Letter
Approved • DRC Comments
City Man ger Affected parties: • Traffic Statement
• Location Map
Ronald M. Fe is [ X] Notified • Excerpt U.S. One
[ ] Not Required Corridor Overlay Study
• Reduced Plans,
Renderings
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37, 2002
BACKGROUND
Oakbrook Square is an existing 20.8-acre shopping center that received site plan approval in
1973. The shopping center has been renovated several times including the addition of a second
floor to Jacobson's department store in 1987 and a 10,987 square-foot expansion to the Publix
grocery store in 1999. In recent years, several other changes have been made to the center that
included renovating the interior courtyard, refurbishing the fa�ade, constructing a porte cochere,
landscaping and parking lot improvements, and new corner signage. Outdoor seating was
approved previously at Roly's restaurant through Resolution 66, 1999. The site includes a free-
standing bank at the northwest corner along U.S. Highway One.
On October 14, 2002, an administrative approval was granted to allow the demolition of an entry
%ature and a 10,008 square-foot retail building on the southwest corner of the courtyard, and to
allow the construction of a 35-car parking pocket with landscaping between Duffy's and the
existing courtyard retail shops to the north.
CONCURRENCY
The PUD was approved in 1973 prior to the inception of the concurrency requirement. Because
the total square footage of the shopping center has been reduced 4,008 square feet by the
approved demolition, the proposed site will generate fewer trips than the existing site. Should
the applicant desire to increase the square footage of the shopping center in the future, a new
application for traffic concurrency would have to be submitted and approved. Accordingly, staff
requests the City Council to direct staff to remove the trips resulting from this reduction off of all
affected roadway segments.
LAND USE & ZONING
The project is located within the PGA Boulevard Corridor Overlay District and the Northern
Palm Beach County U.S. One Corridor. In conjunction with the Publix expansion, the shopping
plaza was rezoned from CG-1 - General Commercial to a Planned Unit Development (PUD)
Overlay with an underlying zoning of CG-1 - General Commercial through the adoption of
Ordinance 47, 1999, with conditions and waivers. The site has a future land-use designation of
Commercial (C).
Please see attached Table 1 for details of the surrounding properties.
PROJECT DETAILS
BuildinQ Site
Following the previously approved demolition of the existing 10,008 square-foot retail building
2
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37,2002
on the southwest side of the existing courtyard north of Duffy's, the courtyard will be opened to
a new 35-car parking pocket. A three-foot wall will be added between the outdoor cafe area and
the sidewalk. Access to the site will continue to be from the two existing entrances off of U.S.
Highway One on the west and PGA Boulevard (State Road 703) on the south. The gross floor
area of the project is as follows:
Existing Retail 230,497.0 s.f.
Existing Bank Outparcel 3,531.0 s.f.
Proposed Outparcel Building 6,000.0 s.f.
Less Approved Demolition -10,008.0 s.f.
Total Proposed Gross Floor Area 230,020.0 s.f.
New Retail Buildin�
The applicant is proposing a new 6,000 square-foot outparcel retail building facing U.S.
Highway One that will feature drive-through and by-pass lanes on the north side of the building.
Immediately to the north of the new retail center, a new brick-paved pedestrian path will extend
from U.S. Highway One east across the existing parking lot to the existing retail building. There
will be one row of 90-degree parking on the west side of the new building. A loading zone will
be provided at the rear of the building, along with an enclosed screened dumpster area.
The City's Comprehensive Plan encourages development along U.S. Highway One that
conforms with the Northern Palm Beach County "Seven Cities Plan," which advocates, in part,
positioning buildings closer to the street with fa�ades, doors, and windows facing the street. The
applicant believes the proposed plan conforms with the intent of the "Seven Cities Plan" for U.S.
Highway One in Northern Palm Beach County (copy of excerpt attached).
Although the new retail center is not positioned directly on the street as suggested by the "Seven
Cities Plan," staff believes the proposed building and additional landscaping will provide an
aesthetically pleasing buffer within the parking lot.
Architecture
New storefronts are proposed for the existing west elevation and will feature entry doors,
windows, and burgundy awnings above each door and window opening. The existing south
elevation of the main retail area facing Duffy's will be modified according to the overall
courtyard west elevation and will feature a new tower element with barrel tile roof on the west
side in front of an existing optical shop. Duffy's north elevation will remain the same, except for
the removal of a large awning. The applicant is proposing the addition of windows for the first
floor of the northwest corner of the former Jacobson's building.
3
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37,2002
The proposed 100' x 60' retail building will feature decorative towers at the north and south ends
and will have an authentic barrel mission tile roof. The north elevation will feature a drive-
through window for a financial-type business. The south elevation will feature three windows
with built-up stucco fmish bands above the windows. The west elevation facing U.S. Highway
One will feature the main entries to the five tenant bays and will have pre-cast columns to match
the existing columns surrounding the courtyard of the main retail area. The east elevation facing
the existing shopping center will have a matching centered tower, entrances for employees, and
decorative light fixtures beside each doorway.
Exterior Building Colors
The fa�ade color scheme will be earth tones with the main walls to be sand finish stucco painted
Sherwin-Williams Nantucket Dune SW 2006. Highlights, banding, and cornices will be coarse-
finish stucco, colored Sherwin Williams Mustard Field SW 2341. Plinths will be sand-finish
stucco colored Sherwin Williams Maison Blanche SW 2067. Burgundy awnings will be used for
selected doors and window openings in the existing and proposed elevations.
As a condition of approval, the color scheme proposed for the new retail center will be extended
throughout the existing retail area, including the major anchor tenant building (formerly
Jacobson's) on the north end.
Si�age
The applicant is seeking approval for the location of wall signage for the west elevation of the
new retail center facing U.S. Highway One, as well as the west elevation of the existing fa�ade,
in backlit red channel letters, as allowed by Section 78-285 of the Land Development
Regulations. One sign per tenant space or bay is permitted. The applicant has submitted a tenant
master signage program for the proposed and existing buildings, which will be processed as a
separate petition that will require approval by City Council.
Landscapin�/Bu, f'ering
In order to reduce the non-conformities of the existing landscaping, the applicant is proposing to
install new code compliant landscape islands throughout the parking lots with the exception of
the existing Publix parking area and the rear (east side) of the shopping center. The applicant is
also increasing the width of the west buffer for a distance of 285 linear feet along U.S. Highway
One from the previously approved five-foot width to a width that ranges from 12 feet to 30 feet.
The courtyard will be maintained as it exists, but will receive additional landscape
enhancements. The six landscape planters alongside Duffy's north wall will remain.
n
�
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37,2002
Median Landscaping
Landscaping within U.S. Highway One already exists on the north median, which is maintained
by the property owner. As a condition of approval, the City Forester is requesting that the same
landscape theme, irrigation system, and maintenance be provided within the south median.
Art in Public Places
The applicant may provide additional art on site in lieu of paying the required Art in Public
Places fee. The art, if any, shall be approved and installed prior to issuance of Certificate of
Occupancy.
Drainage
A conceptual paving, drainage and grading plan has been submitted by the engineer of record
that indicates the site will_ drain away from U.S. Highway One. All new impervious area will be
contained and treated on-site prior to discharge to the existing storm water management system.
As a condition of approval, the City Engineer is requiring the applicant provide to the Florida
Deparhnent of Transportation (FDOT) a 20-foot wide drainage and maintenance easement from
the right-of-way of U.S. Highway One to the right-of-way of the canal to the east side of this
project for the purposes of draining the U.S. Highway One right-of-way. The applicant shall
coordinate with the FDOT for the final location of the easement.
Parkin�
Based on the uses within the shopping center, 1,057 parking spaces are required; and the
applicant is proposing a total of 1,080 parking spaces. Because this is an existing older shopping
center, 189 of the existing parking spaces have a width less than the 10' x 18.5' required by
today's LDRs. The applicant is requesting that those non-conforming spaces be allowed to
remain and is requesting that a waiver be granted to allow 132 additional spaces at 9.5' x 18.5'.
This would result in a total of 321 non-conforming spaces and 759 conforming spaces, for a total
of 1,080 proposed spaces.
Previously Approved Waivers
Several waivers were granted previously through the adoption of Ordinance 47, 1999, to allow a
building height of 39' 10" for the Publix fa�ade peak; to allow 30 existing bicycle parking spaces
to remain instead of the required 59; to allow Publix to have a second 36" sign facing PGA
Boulevard; to allow 34 parking spaces to be a distance more than 40 feet from a tree; to allow the
existing non-native vegetation to remain; to allow the existing five-foot buffers on the north,
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37,2002
south, and west sides, and the 10-foot existing buffer on the east, to remain; and to allow the
existing carrotwood trees on the east property line to remain.
The applicant is requesting all existing waivers, which were granted by Ordinance 47, 1999,
remain in effect except for an amendment to the existing waiver that allows a five-foot buffer
instead of the required 15-foot buffer on the west side along U.S. Highway One. The applicant is
proposing to decrease the non-conformity of this buffer, which will range from 12 to 30 feet
wide for a clistance of 285 linear feet. Please see Table 2 attached for project consistency with
the code standards.
Waivers
The applicant is requesting a waiver from Section 78-344(1)(l.)(a), which states a standard
parking stall shall be a minimum of 10' x 18.5', to allow 321 of the 1,080 parking spaces to be
9.5' x 18.5'. The applicant is also requesting a waiver from Section 78-427(b)(1) which requires
plat approval prior to issuance of building perrriit.
Furthermore, the applicant is requesting to amend a previously-granted waiver from Section 78-
319(a)(1), Minimum Landscape Buffer, that will reduce the non-conformity of the west five-foot
landscape buffer along U.S. Highway One as described above. A 15-foot buffer is required, and
the previous waiver granted a five-foot wide buffer. This waiver is being amended to allow 237
linear feet at a 12-foot width and 1;214.5 feet to remain at a five-foot width along U.S. Highway
One. Forty-eight feet of frontage will meet or exceed the 15-foot required buffer.
Code Section Required Existing Proposed Waiver Recommendation
Section 10' x 18.5' 189 spaces 321 additional Staff Supports (1)
78-344(1)(1)(a), vary from spaces at .5' to 1'
Minimum Parking 9.0' x 18.5' 9.5' x 18.5'
Stall Dimensions to
9.5' x 18.5'
Section 78- West buffer: 5' depth 237' at 12' 3' to 10' Staff Supports (2)
319(a)(1), Buffer 15' width; and (waiver
Minimum 1,214.5' at 5' amendment)
Depth width
Section 78- Prior to None Prior to To allow Staff Supports (3)
427(b)(1), Plat issuance of issuance of prior to
Approval Required Building Certificate of issuance of
Permit Occupancy C.O.
(C.O.
0
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37, 2002
(1) Staff supports the waiver request because the reduction is in compliance with Figure 16,
Table 32, Minimum Parking Bay dimensions for Nonresidential Uses of the LDRs, and
the required 25-foot drive-aisle width has been provided. This type of waiver has been
granted by City Council in the past.
(2) Staff supports amending this previously-approved waiver request because the non-
conformity will be lessened. Increasing the width of the buffer beyond the proposed
width for the entire length of the frontage would eliminate necessary parking.
(3) Staff and the City Engineer support allowing the applicant this additional time in which
to prepare and process a plat for this development, since this has been allowed in the past
when extenuating circumstances delayed the process.
OUTSTANDING ISSUES
City Engineer Comments
The attached letter dated October 10, 2002, from LBFH, Inc., noted several outstanding issues
relative to parking space width, paving section detail, parking lot modifications, and the amount
of exfiltration trench provided. The applicant responded in a letter dated October 11, 2002, that
all these items have been addressed either by them or their engineer. Any remaining outstanding
issues, if any, shall be resolved to the satisfaction of the City Engineer prior to issuance of the
building permit.
SUMMARY OF PLANNING AND ZONING COMMISSION COMMENTS
At the public hearing held on August 27, 2002, the Planning and Zoning Commission voted 7-0
to recommend approval of Petition PUD-02-03 with one waiver and 16 conditions of approval.
CITY COUNCIL ACTION
October 3. 2002
At the City Council meeting of October 3, 2002, it was the consensus of the Council that the
Growth Management Administrator may grant an administrative approval for the demolition of
the 10,008 square foot building and construction of a 35-car parking pocket on the southwest
corner of the courtyard, since this part of the project fell under the threshold of a major
amendment. (The administrative approval with 14 conditions was granted on October 14,
2002.)
7
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37,2002
It was the consensus of City Council to schedule this petition as an item of discussion for the
October 17, 2002, meeting in order for the petitioner to update the Council on the changes being
made to the elevations of the proposed outparcel building.
Furthermore, the Council voted 3-1 to approve Ordinance 37, 2002, on first reading as presented
by staff and to schedule the second reading and public hearing for November 7, 2002.
October 17. 2002
At the meeting of October 17, 2002, the applicant presented Council with a rendering of
proposed changes to the rear of the outparcel building. However, Council was still dissatisfied
with the appearance of the building and suggested, among other things, a covered walkway
surrounding the building and a canopy above the drive-through on the north side of the building.
Additional landscape treatments were also suggested for the north side of the building.
November 7. 2002
At the public hearing and second reading on November 7, 2002, with four council members
present, Council voted to continue the public hearing until December 5, 2002. It was the
consensus that the applicant needed to develop a better plan for renovations to the shopping
center and relocate the proposed out building closer to the existing center. The applicant has
made no changes to the site plan.
DecembeY S. 2002
At the request of the applicant's attorney, Alfred J. Malefatto, the public hearing was continued
to the City Council meeting of December 19, 2002.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 37, 2002, with two waivers, an amendment to a
previously approved waiver, and with conditions of approval. Should the City Council approve
this petition, staff will initiate the removal of the trips from all affected roadway segments
resulting from the reduction in total square footage of the PUD.
,�
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37, 2002
TABL� 1
EXTSTIlYG ZONING ANI> LAND US� DESIGNATIUNS
EXISTING USE ZONING LAND USE
Subject Propertv Commercial (CG-1)/ Commercial (C)
Shopping Center Planned Unit Development (PUD)
Overlay
North
Office Complex Professional Office (PO)/ Professional (PO)
Planned Unit Development (PUD)
Overlay
South
PGA Boulevard
Commercial Retail Commercial (CG-PBG) Commercial (C-PBG)
Residential (12 Oaks Condos) Residential High (RH-PBC) Residential Hi h(RH-PBC)
West
U.S. Highway One
Commercial Commercial (CG-PBC) Commercial (C-PBC)
East
Residential (Hidden Key Residential Single Family Residential Single Family
(RS-PBC) (RS-PBC)
Residential (Hidden Key Condos) Residential High (RH-PBG) Residential High (RH-PBG)
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37, 2002
, TABI:�� 2
CONSTSTENCY WITH THE CQDE
Code Requirement Proposed Plan Compliance?
General Commercial General Commercial
CG-1/PUD Overlay CG-1/PUD Overlay Yes
O en S ace - 15% minimum 16% Yes
Minimum Building Site 20.8 acres
1 Acre Yes
Maximum Building Lot Coverage —
35% 26% Yes
Maximum Height Limit — 36 feet 30 feet Yes
Setbacks:
Front (PGA Blvd.) — 50 ft. Front (PGA Blvd.) — 190' 11"
Side (Hidden Oak) — 15 ft. Side (Hidden Oak) — 55' Yes
Side Facing St. (U.S. 1) — 40 ft. Side Facing St. (U.S. 1) — 55'
Rear (Golden Bear) — 15 ft. Rear (Golden Bear) — 307'
Parking:
Number Required — 1,057 1,080 spaces Yes
Bicycle Parking:
5% of required parking (1057) = 53 Existing spaces — 30 Waiver granted 12/99 to allow 30
spaces existing spaces to remain
Ground Signs:
Number Allowed — 3 3 existing — Oakbrook Yes
(1 for 300' of ROW frontage, + 1 1 existing - Bank Granted Variances 11/5/92 &
per additiona1700 feet ROW 1/11/84
frontage)
Wall Signs:
1 per tenant space or bay. New Retail Center 1 per tenant Yes
Must face ROW or primary
entrance Existing Center — 1 per tenant Yes
Publix — 2 existing Publix granted waiver 12/99
10
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Ordinance 37, 2002
Code Requirement Proposed Plan Compliance?
Landscaping: Eaisting Buffers: Waivers. granted for all existing
Buffers: North = 5' buffers in 12/99 (Ord. 47, 1999)
North (PO) = 8' South = 5'
South (PGA Blvd.) = 15' East = 10'
East (Residenrial) = 15'
West U.S. 1= 15' West: Decreasing non-confornuty
� � West Existing: 5' width
West Proposed: 237' at 12' width; for 285' linear feet along
48.0' to exceed l5' width; U.S. Hwy. One
1,214.50' to remain at 5' width.
Landscape Islands: Every 9 spaces Every 9 spaces except Publix Yes, except far Publix parking
parking area area.
Waiver granted in 12/99 allowed
34 existing parking spaces that
were more than 40 feet from a tree
to remain as they were.
G/Jackie/PUD-02-03 stf.CC 12 19 02 contd ph.doc
Attachments
11
Date Prepared: December 17, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 37, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF AN AMENDMENT TO THE OAKBROOK
SQUARE SHOPPING CENTER PLANNED UNIT
DEVELOPMENT (PUD) BY ADDING A NEW 6,000 SQUARE-
FOOT RETAIL BUILDING ALONGSIDE U.S. HIGHWAY
ONE AND RENOVATING THE EXISTING BUILDINGS,
LOCATED AT THE NORTHEAST CORNER OF PGA
BOULEVARD AND HIGHWAY U.S. ONE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-03) from Doron
Valero and Equity One Realty & Management, Inc., for approval of an amendment to a previously-
approved Planned Unit Development (PUD) (Ordinance 47, 1999), known as Oakbrook Square
Shopping Center, to allow the renovation of the site and the addition of a new 6,000 square-foot
retail building alongside U.S. Highway One, located at the northeast corner of PGA Boulevard and
Highway U.S. One, as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the Growth Management Department has reviewed said application and deternuned that
it is sufficient; and
WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that
it is consistent with the City's Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Planned Unit Development (PUD) Overlay has an underlying zoning of CG-1-
General Commercial and a land use designation of Commercial (C); and
WHEREAS, on August 27, 2002, the City's Planning and Zoning Commission reviewed said
application and recommended its approval, including requested waivers, subject to conditions of
approval; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest
of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: December 17, 2002
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2: The City Council hereby approves the application of Doron Valero and Equity One
Realty & Management, Inc., for an amendment to Oakbrook Square Shopping Center Planned Unit
Development, located at the northeast corner of PGA Boulevard and Highway U.S. One.
SECTION 3: Said amendment to the Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors or assigns:
1. If the applicant proposes to provide art on site in lieu of paying the required fee, the art shall
be approved and installed prior to issuance of Certificate of Occupancy. (Art Advisory
Committee Liaison)
2. No drive-through facilities shall be allowed at the new out parcel building except as an
accessory use to a bank or other iinancial establishment. (Development Compliance Officer)
3. Root barriers shall be installed where Oak trees are planted along the west property line at
U.S. Highway One. (City Forester)
4. Within six months of demolition permit issuance, the south median in U.S. Highway One
opposite the shopping center shall be landscaped, irrigated, and maintained by the property
owner in a manner consistent with the median immediately to the north, to the satisfaction of
the City Forester. (City Forester)
5. Prior to the issuance of the first Certificate of Occupancy, all existing buildings shall be
painted to match the approved colors for the new retail building, and all awnings shall be
solid burgundy color in accordance with the approved building color scheme. (Development
Compliance)
6. Required digital files of approved plat and approved civil engineering and architectural
drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first
Building Permit. (GIS Manager and Development Compliance)
7. Prior to issuance of the first Certificate of Occupancy, roof-top screening compatible with the
existing and proposed architecture and color scheme shall be required on the new out parcel
building and the remaining retail building on the west side of the courtyard. The screening
shall be sized to the same height as the mechanical equipment on the roof. (Development
Compliance)
2
Date Prepared: December 17, 2002
8. All new roof tiles, including the retail outparcel, shall either match or be compatible with that
of the existing roof tile at Publix or Jacobson's, as determined by Growth Management staff.
(Development Compliance)
9. Prior to issuance of the first Certificate of Occupancy, the brick-paver pedestrian path,
located at the north of the new retail center, shall be continued from the U.S. Highway one
sidewalk to the south end of the existing west retail building. (Development Compliance)
10. Prior to issuance of certificate of occupancy, the plat for the site shall be approved by City
Council. (City Engineer)
11. Within 45 days of approval of this ordinance, the applicant shall provide to the Florida
Department of Transportation (FDOT) a 20-foot wide drainage and maintenance easement
from the right-of-way of U.S. Highway One to the right-of-way of the canal to the east side
of this project for the purposes of draining the U.S. Highway One right-of-way. The
applicant shall coordinate with the FDOT for the final location of the easement. (City
Engineer)
SECTION 4: The following waivers are hereby granted with this approval:
A waiver from Section 78-344(1)(1.)(a), Parking Stall and Bay Dimensions of the Land
Development Regulations, which requires parking stalls to be 10' x 18.5', to allow for 321
parking stalls to be 9.5' x 18.5'.
2. A waiver from Section 78-427(b)(1), which requires plat approval prior to issuance of
Building Permit, to allow plat approval prior to issuance of Certificate of Occupancy.
SECTION 5: The City Council hereby amends Ordinance 47, 1999, Section 3.F., to increase the
width of the previously approved west buffer alongside U.S. Highway One from five feet to 12 feet
wide for a distance of 237 linear feet, and to allow 1,214.50 feet to remain at a five-foot width,
pursuant to Section 78-319(a)(1), Minimum Landscape Buffer, which requires a 15-foot buffer. All
other provisions of Ordinance 47, 1999, shall remain in full force and effect to the extent not
modified herein.
SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit development shall
be in compliance with the following plans on file with the City's Growth Management Department:
1. Cover Sheet CVS, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site Parking Details
SP-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor Plan A-1, Proposed Roof
Plan A-2, Proposed Exterior Elevations A-3, Existing Retail Building West Elevation and
Proposed West and South Elevations A-1, Existing Courtyard/Retail Building Elevations A-2
dated December 16, 2002, by William Hamilton Arthur Architect, Inc.
Kj
Date Prepared: December 17, 2002
2. Landscape Plans LA-land LA-2 dated December 16, 2002, by Dixie Landscape.
3. Overall Shopping Center Construction Plans and Specifications Sheets C1-C7 dated October
7, 2002, by Creech Engineers, Inc.
4. Land Title Survey for Equity One, Inc., Sheets 1 and 2, dated January 31, 2002, by Wallace
Surveying Corporation.
5. Color and materials sample board dated September 19, 2002, by William Hamilton Arthur
Architect, Inc.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
SECTION 8: This approval expressly incorporates and is contingent upon representations made by
the applicant's agents at all workshops and public hearings pertaining to this project.
SEGTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 10: This ordinance shall become effective upon the day of adoption.
PASSED, FIRST READING
PASSED, SECOND READING
this 3rd day of
this day of
October , 2002.
. 2002.
PASSED, ADOPTED AND APPROVED this day of , 2002.
4
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
G/jholloman/oakbrook sq/PUD-02-03 Ord 37 2nd rdg.doc
Date Prepazed: December 17, 2002
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE
as to form.
LEONARD RUBIN, CITY ATTORNEY
AYE NAY ABSENT
$
EXHIBIT "A"
PROPERTY ADDRESS:
11566 and 11710 U.S. Hiqhway Ona
North Polm Beach. FL 33408
LEGAL DESCRIPTION:
PARCEL 1
Commencinq at the Southwest comer of the Northwest Quorter of
Section 4, Township 42 South. Renge 4.:; East; thence bear North
89 deyrees.57 minutes, 20 seconds Eost. olong the South line of
said Northwest Quarter of Section 4, a distance of 1.101.47 feet
to the intersection thereof with the Faster right—of—woy fine
of Stote Rood No. 5(U.S. Mghwoy No. 1� thence, No►th 12
deg�ees, 00 minutas. 47 seconds Eost, alon� scid Eosterly
right—of—woy line of Stote Road 11�0. 5, o d�stance of 50.50 feet
to the intersection thenof with the Northerty right—of—way line
of Stvte Rood No. 703 ond the POIM' OF BEG/NN/NG; thence
continue North 12 degrees, 00 minutes, 47 seconda East, olong
soid Easterly right—of—woy of Sfote Roqd No. 5, o�stance of
736.56 feet; thence South 78 degr+ees, 00 minufes. 51 seconds
East a distance of 590.67 feet to the intersection thereof with
0 line parvllel with ond 590.67 feet Easter(y from, os meosured
at right ongies to, the said Eastery right—of—way of State Road
No. 5; thence South 12 degrees, 00 minutes, 47 seconds West.
olong svid porallel line, o distance of 6 f 3.19 feet to the .
intersection thereof with soid Northe�fy right—of-way line of
State Rood No. 703; thence North 89`!',degrees, 48 minutes. 38
seconds Wesf. afong said Northerly right—of—way line of State
Road No. 703, o distance of 603.47' feet to the POINT OF
BEGINNING.
PARCEL 2
Commencing at the West Quorter corner of Section 4, Township 42
South, Ronqe 43 East. Polm Beach County. Florrda; run thence
along the East ond West Qucrter Sectlon Line of said Section 4,
IVorth 89 degreea 57 minutes. 20 seconds East 1.101.47 feet, more
or less, to the Easterly line of a pubiic right—of—wvy, known as
State Road No. 5 and/or U.S H;g hway No. 1; thence along said
Easterly right—of—woy line North i2 degrees, 00 minutes. 47
seconds East 787.06 fee! to the POlM OF BEGINNING; continue
thence North f 2 degrees, 00 rriinutes. 47 seconds Evst 762.94
feet; thence olong a rne poraNe! with the East and Wesi
Quorter Seciion Line of soid Section 4 North 89 degrees, 57
minutes, 20 seconds Eost 603.99 feet to the Westerly boundary
line of Hidden Key North; thence alony said boundvry line South
12 degrees. 00 minutes, 47 seconds West 888.83 feet; thence
North 78 00' 51 ' West 590.67 feet to the POINT OF BEGINNING.
Together with o non—exclusive easement for droinoqe purposes
over. ocross and under the following desGribed porcels:
December 1,1999
November 18,1999
ORDINANCE 47, 1999
AN ORDINANCE OF THE CITY COUNCII.OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE APPLICATION OF OAKBROOK
SQUARE SHOPPING CENTER CORPORAT O'�( OF R�'
REZO1vING OF A 20.35-ACRE SITE FROM CGl, GENERAL
COMIVVI�RCIAL, TO PUD, PLANNED iJNIT DEVELOPMENT,
AND APPROVAL OF THE RENOVATION AND 10,987
SQUARE- FOOT EXPANSION OF A PUBLIX GROCERY
STORE AT THE OAKBROOK SQUARE SHOPPING
CENTER; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application from the Oakbrook
Square Shopping Center Corporation for rezoning of 20.35 acres of land located at the northeast
corner of PGA Boulevard and U.S. Highway One, as more particularly described in Exhibit "A"
attached hereto, to PUD, Planned Unit Development; and
WHEREAS, this project received orig-inal Site Plan approval on December 7, 1973, by the
Site Plan Review Committee under existing CG-1 zoning; and
WHEREAS, the 20.35 acres of land involved aze presently zoned as CG-1, General
Commercial, with a land use designation of Commercial; and
WHEREAS, the City's Growth Management Deparnnent has recommended approval of the
renovation and 10,987 square-foot expansion of a Publix Grocery Store at the Oakbrook Square
Shopping Center and rezoning of the entire site from CG-1 to PUD; and
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is consistent wi.th the City's Comprehensive Plan and Land Development
Regulations; and
Wf-�REAS, the City's Planning and Zoning Commission has recommended approval of this
petition subject to several conditions.
NOW, THEREFORE, BE IT ORDAINBD, BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FL4RIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves the applicatiot� bf Oakbrook Square Shopping Center Cor,poration for rezoning of 20.35
Ordinance 47, 1999
Publix at Oakbrook Square
acres located on the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference; from CG-1
General Commercial to Planned Uni.t Development, and for the approval of the renovation and
10,987-square foot expansion of a Publix grocery store at the Oakbrook Square shopping center.
SECTION 2. Said Planned Unit Development is approved subject to the following
conditions which shall be the responsibility of the applicant, its successors and/or assigns:
All approved landscaping shall be installed prior to final building inspection approval.
2. The petitioner shall install additional landscaping in the U.S. 1 median, subject to the
approval of the City Forester.
3. The applicant, or its successors and/or assigns shall maintain all landscape improvements
located in the right-of-way adjacent to the property along PGA Boulevard and U.S. Highway
One, per the approved landscape plans.
4. Americans With Disabilities Act (ADA) and Florida Accessibiliiy Code for Building
Construction of 1997 access shall be provided along the PGA Boulevard entrance driveway
as shown on the site plan, prior to final building inspection.
SECTION 3. The following waivers are hereby granted with this approval:
A. Waiver from LDR Section 118-206(� Building Height Limit. "No stcucture shall
exceed 36 feet in height", to allow a building height of 39' 10" at Publix's peak.
B. Waiver from LDR Section 118-539 Number of Bicycle Parking Spaces Required.
"A shopping center shall provide bicycle parlcing spaces equal to 5% of its required
vehicular parking", to allow the 30 existing spaces to remain instead of increasing the
number of spaces to 59.
C. Waiver &om Section 110-37(c) Flatfwall signs, which states, in patt, the letter height
of a second sign on another elevation shall not exceed 24", to allow the letter height
of the second sign (facing PGA Boulevazd) to be 36" in height instead of 24".
D. Waiver from Section 98-68(a) Parking areas, of the Landscape and Vegetation
Protection Code, which states that every parking space shall be within 40 feet of a
tree, to allow the existing 34 spaces which are more than 40 feet from a tree to
remain as they are and not be required to plant additional trees.
�
Ordinance 47,1999
Publix at Oakbrook Square
E. Waiver &om Section 98-72(c) Planting, which states that 90 percent of the landscape
materials in areas that are designated to be in the Coastal Zone will be native species,
to allow the existing non-native vegetation to remain.
F. Waiver from Section 98-72(a) Ptanting, which states a landscaped buffer shall be a
minimum of eight feet in depth around the perimeter of a pazcel; provided, however,
that a landscaped buffer of 15 feet in depth shall be required on lands located
adjacent to public street right-of-way, to allow the existing 5' buffers on the north,
south, and west sides, and the 10' existin�b�f.fer on the east to remain.
G. Waiver &om Section 98-71(a) Prohibited plants; removal of invasive nonnative
p[ants, which states, in part, that carrotwood (cupaniopsis anacazdioides) trees shall
be removed &om all open space in their entirety from the entire site, to allow the
existing carrotwood trees on the east property line to remain.
SECTION 4. The renovation and expansion to the Publix grocery store within the
Planned Unit Development shall be in compliance with the following plans on file with the
City's Growth Management Department:
✓ 1.
� 2.
�3.
,/4.
�5.
✓C •
./7. .
�.
✓9
✓ 10.
November 23 , 1999 Oakbrook Square Site Plan, Urban Design Studio, 1 sheet.
November 23, 1999 Publix Expansion Site Plan SP-1, 1 sheet.
November 23, 1999 Existing and Proposed Landscaping Plan, Urban Design
Studio, Sheet LS-1.
August 31, 1999 Landscape Detail Sheet, Urban Design Studio, Sheet LS-2.
February 15, 1999 U.S. Hwy #1 Enhy Demo/Preservation Plan, UDS Sheet E-2.
October 21, 1999 U.S. Hwy #1 Entry Landscape/Lighting Plan, UD5 Sheet E-3.
February 15, 1999 U.S. Hwy #1 Entry Plant Detail Sheet, UDS Sheet E-4.
February 15, 1999 U.S. Hwy #1 Entry Grading and Elec. Box, UDS Sheet E-5.
November 24, 1999 U.S. Hwy #1 Median Landscape Plan, UDS, 1 sheet.
October 22, 1999 Roof Plan, CentreCorp, 1 sheet.
K�
Ordinance 47, 1999
Publix at Oakbrook Square
,�11.
12.
13.
14,
October 22, 1999 Elevations Plan, S.Coler Lee & Associates, 1 sheet.
October 25, 1999 Architectural Details, Urban Design Studio, Sheet A-l.
October 03, 1999 Proposed Fa�ade Character, Urban Design Studio Sheet A-2.
September 1, 1999 Architectural FloodLyte Vertical Flood Cut Sheet, WA3-VF,
WB3-VF with shroud, 2 sheets.
SECTION 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER , 1999.
PLACED ON SECOND READING THIS 16th DAY OF DECEMBER , 1999.
PASSED AND ADOPTED THIS �� � DAY OF , 1999
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. SIER, CMC, CITY CLERK
BY� /' 6�����
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM
AND SLJFFICIENCY:
CITY ATTORNEY
4
Ordinance 47, 1999
Pubtix at Oakbrook Square
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCII,MAN CLARK
AYE NAY ABSENT
!/,
�
�
�
��
b1
�
September 19, 2002
To: Sean C. Donahue, P.E.
wiliiam Cc: Jackie Holloman
hamilton
� rth u r File No. 02-4247
architect
inc, �; Oakbrook Square-PUD Amendment
We have reviewed the comments for Oakbrook Square and our response is as
follows:
1-5. Previously satisfied.
6. We have requested a waiver in order to comply with these requirements.
7. Previously satisfied.
8. Previously satisfied.
9. Previously satisfied.
10. Previously satisfied.
1 l. Previously satisfied.
12. Previously satisfied.
13. Previously satisfied.
14. Previously satisfied.
15. Previously satisfied.
16. Previously satisfied.
17. See revision # 1 on sheet E-SP for revised photometrics.
18. Previously satisfied.
19. See revision #1 on sheet SP-2 for revised sidewalk and dimensions.
20. Previously satisfied.
800 douglas
entrance 21. Previously satisfied.
suite 303
coral gables
florida 3313�
305 443-3100
fax 305 441-7960
22. Previously satisfied.
23. See revision #1 on sheet SP-3 for revised brick paver cross section.
24. 25. 26. All construction plans and nanative responses are being revised and
will be delivered to you by CREECH Engineers.
27. See revision #1 on sheet SP-1, SP-2, LA-1 and LA-2.
WC
OONSULTING QVIL ENGINEERS,
SURVEYORS &MAI'PERS
QVIL
AGRICULTUR AT .
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATTON
SURVEY & MAI'PING
GIS
"Partners For Resulu
Value ByDesign"
3550 S.W. Corporate Pkwy.
Palm C1ty, FL 34990
(561) 286-3883
F� (561) 286-3925
www.lbfh.com
MEMORAND UM
TO: Jackie Holloman
FROM: Sean C. Donahue, P.E.
DATE: September 12, 2002
FILE NO. 02-4247
SUBJECT: Oakbrook Square - PUD Amendment
We have reviewed the following plans and information received on August 5,
2002:
• Revised Site Plans and Details prepared by William Hamilton Arthur Architect,
Inc.
• Architectural Plans prepared by William Hamilton Arthur Architect, Inc.
• Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E.
• Landscape Plans prepared by Dixie Landscaping.
• Overall Shopping Center Paving, Drainage and Grading and Demolition Plans
prepared by Creech Engineers, Inc.
Received August September 4, 2002:
• Revised Site Plans and Details prepared by William Hamilton Arthur Architect,
Inc.
• Architectural Plans prepared by William Hamilton Arthur Architect, Inc.
• Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E.
• Landscape Plans prepared by Dixie Landscaping.
We have the following comments:
• Please note that the Florida Department of Transportation (FDOT) is currently
investigating the drainage of the US 1 right-of-way adjacent to this project.
Specifically, the FDOT is concerned that the projects adjacent to the right-of-
way are adversely impacting the US 1 drainage system by not containing their
runoff on their project. The applicant should be prepared to respond to the
FDOT should this issue be formally raised regarding this project.
• Comments #1 through #5 - Previously Satis�ed.
6. Not Satisfied. The applicant is proposing parking spaces that are 9.5 feet wide
and 10 feet wide (a detail for the 9.5 feet wide spaces has also been provided).
The applicant will need to request a waiver from LDR Section 78-344(1)(1)(a),
which requires all parking spaces to be a minimum 10' x 18.5'. Please note that
we will remain in support of the City's LDR requirements.
7. Previously Satisfied.
��� Oakbrook Square - PUD Amendment Page 2 of 3
LBFH File No. 02-4247
L �N�.
8. Satisfied. The applicant provided a loading zone and maneuvering area for the
proposed 6,000 SF retail building.
• Comments #9 through #16 - Previously Satis�ed.
17. Not Satisfied. The applicant submitted a signed and sealed Photometric Plan
meeting the LDR Section 78-182 requirements. However, no photometric data
is shown for the 90-degree parking lot to the north of the new out parcel
building (the new lightpole is shown).
18. Satisfied. The Site Plan provides minimum 20-foot curb radii within the
parking lot to accommodate Fire Department emergency vehicles.
19. Not Satistied. The sidewalk located at the southeast corner of the new out
parcel needs to have a minimum 5-foot width, per LDR Section 78-SQ6.
20. Satisfied. The applicant provided wheelstops for all proposed parking spaces.
21. Satisfied. The stop sign/bar at the entrance to the drive-thru/by-pass have been
removed.
22. Satisfied. The Type "D" Curb Detail specifies the FDOT approved 18-inch
depth.
23. Not Satisfied. The applicant provided a typical cross-section of the paver brick
areas specifying LDR Section 78-499. However, the cross-section shown does
not meet the minimum structural number value of 1.5, as is required by the
referenced section (6" base — SN = 1.08, 8" base — SN = 1.44, there is no credit
towards the subgrade until a minimum FBV value of 50 psi is provided).
• Please note that the Construction Plans have been reviewed on a preliminary
basis only. A thorough review of these plans will be conducted during the
Construction Plan review phase. Also, please remove the Construction Plans
from the Development Order exhibit list of submittals.
24. The Paving Section shown on the Site Plans and the Asphalt Paving Detail
shown on the Preliminary Construction Plan are not consistent with one
another.
25. The modifications north and west of the "Anchor Tenant" building shown on
the Site Plan are not shown on the Preliminary Construction Plans. In addition,
the Demolition Plans are not consistent.
26. The applicant needs to provide a narrative response identifying if an existing
control structure will be sufficient for the exfiltration trench design, or if
modifications to the existing control structure or a new control structure is
proposed.
, .�� Oakbrook Square - PUD Amendment Page 3 of 3
LBFH File No. 02-4247
INC. I
27. The revised Site Plan received September 4, 2002 shows landscaping islands
added to the north side of the new out-parcel building which alter overall
parking stall length and width. The applicant needs to revise the spaces in
accordance with LDR Section 78-344. Also, the applicant needs to specify the
type of landscaping included in these islands.
The applicant is requested to return a copy of our comments with the
applicant's acknowledgement of each comment and the response.
Compliance will expedite the subsequent review.
SCD/ms
cc: Talal Benothman
P:�PB GM EMO\4247\4247f.doc
Revised 08-13-02
7-23-02
william Jackie Holloman
hamilton City of Palm Beach Gardens
arthur 10500 N. Military Trail
architect palm Beach Gardens, Florida 33410
ine.
RE: Oakbrook Square
Pud Amendment (revised)
Dear Jackie:
We sent you a letter dated 7-02-02 in response to the Planning and Zoning
Commissioners comments from the May 28, 2002 meeting. As you are aware, things
have changed since then and we are resubmitting our application as follows:
8QQ douglas
entrance
suite 303
coral gables
florida 3313 �
305Q43-3100
fax 305 4�1-7�60
• We are proposing to maintain the existing 17,394.00 s.f. courtyard edge retail
building (to the south of the anchor tenant) vs. demolishing it. We are adding
some new storefront to the west elevation and will be modifying the south
elevation accordingly. In addition, we are proposing (16) new head-in spaces
along the west elevation.
� The 10,009.00 s.f. courtyard edge retail building will be demolished as per our
original submittal and a new (35) car parking pocket will be crea.ted.
• The courtyard will be maintained as it exists today with the exception of some
additional landscape enhancements.
• The Duffy's north elevation will remain with the exception of the removal of
the large awning. It will not be necessary to add any foundation landscaping;
there are six nicely landscaped planters up against the building. We are adding
a 3.00' wall continuous with the outdoor cafe area.
• The Anchor tenant building will remain unchanged as a part of this
application.
• The proposed streets edge "Out Parcel" building has been reduced from
12,000.00 s.f to 6000.00 s.f. This is an "architectural" building that will
include (1) drive thru lane with the required by-pass lane, tenants has not been
determined.
• Site Plan: as per the plans, we have indicated new code compliant landscape
islands for every nine cars with the exception of the Publix parking field and
shopping center rear. Publix has language in their lease that would prevent us
from modifying this area. The rear of the center is out of the publics view and
the additional landscape would nat have a sufficient impact on the over
project other than its budget. All parking spaces with the exceptio ��
handfut at the eacisting First Union building are code compliant r tab1��2
of the LDR. A �.7� �, � � �
AUG 14 2002
�! � NINpI��
8:
^ �i;F�lt�*;;�
Despite all the changes, we feel this revised application is a substantial improvement
over our previous submittal.
Reduced overall square footage increased landscaping, elimination of visual barriers
and a refreshing of the existing Anchor building is a major improvement over what
exists their today.
Lf you have any comments or need any additional information, please let me know as
soon as possible, as you are aware, this project is in a state of progress.
��'�`�"r- �_
Jul �8 02 D4:48p Bru R. Arthur
I
william
hamilton
arthur
architect
inc.
3054 '960
L :
�-oz-o2
Jackie Holloman
City of Palm Beach Gardens
1Q500 N. Military Trail
Palm Beach Gardens, Florida 33410
RE: Oakbrook Square
Pud Amendment
Dear Jackie:
Please let this letter serve as our wr�'tten response to the PCanning and Zoning
Commissioners comments at the May 28, 2002 meeting.
We hereby submit the following:
• More landscaping is needed along U.S. #1 and the foundations of buildings:
As indicated on the revrsed L,andscape Plan, we added additional landscapang
along US # 1 and at the foundation of the building.
Parking between new retail building and US # 1 was questioned.
This allows for adequate mc�vement artd circu/ation in front of the main entry
to the new retail shops. Not :Ihe ideal parla�ng scenario, however, wrth che one
way tra�c and bric'k puved su�face, it has an aesthetic quality and is
architecturally compatible �vith a Main Street format. In our new
presentation, we have pictures of a similar application as designed by the
same town planners that pr�pared the Seven CiNes: Northern Palm Beach
Couniy US 1 Corridor Study. With the Building closer to the Streets edge, it
allows for a larger parking field and visual separation between the new and
existing buildings.
• Additional signage hanging in front of each bay is not allowed.
77re new submittal indreates the removal of Ihe under canopy sigrrs.
• Peaks / Gables over some t�nant bays in the proposed retail center needed to
be bulked up/reinforced.
See revisecC elevations.
• Courtyard is a very pleasin� space as it now exists.
Yes rt is, we are maintainit�'g all ihe landscaping, cmd there are not scheduled
changes in this area.
• Proposed retail building should be moved to the east closer to the main center
and north in order to center it in front of the main shopping center.
800 douglas
entrance
suite 303
coral gabies
florida 33134
305 443-3100
fax 305 �1�41-7960
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Jul 08 02 04:48p Br� R. Rrthur 3054 7960 P,3
Oakbrook Continued ... ... ... ... ... ... 2
We recognize while on plan, the new retai/ building centered on �he rear
briildings should be symmelrical, but in reality when looking a� ihe buildings
as you move in your vehicle,: the visua! concepi of the butldrngs would mvve
too and the symmetries would become academic. The prrmary parking area
for !he Anchor tenanl would be reduced compromrsing parking access �o their
faciliry.
And by moving the building to the east lhi.c will eliminate the circulation and
parking in front of the buildirrg and compromise rts success..
• Proposed Retail Building cauld have token entrances in the rear, but have
parking in front.
There is no change in our design to eliminnte the rear access to each space or
to eliminate the frvnt parkirrg. The best exposure for the building is to place il
as close to the streeis edge while rnaintaining maitt access af !he froni.
• Driveway in front of pcoposed retail building should be two way.
This would reduce parking ,spaces, reduce the '?I�lain Stree� " feel, and create
a greater visual obstruction. to 1he existing retail building.
• A parapet wall or screening. should be constructed on top of the proposed
retail building to ensure screening of the rooftop equipment.
Roof top z�ni[s are adequately screened; ihere is a min. of a 4'-6 " change of
elevation between the roof a�eck and lop of parapets and or pitched roofs.
• Architecture of the proposed retail building could be improved by featuring
four sided architecture with perhaps a 30-degree pitched roof and a mix of
asymmetrical massing with. vertical variation.
See revised design.
� The south tower of the proposed retai! center should be balanced with the
north end of the building.
See revised design.
• The proposed retail center should be a"jewel" in front of the center.
Absolutely!
• Colors and architecture should be matched to the existing center, with the
Roly's being the preferred :architecture.
Colors have been selected �o match the exisling ceieter; the proposed rerai!
buildi»g has been redesrgried to promote relatio�ship to all the existing
buildirtgs.
Jul 08 02 0g:48p Bru R. Rrthur 3054 '960
p.4
Oakbrvok Continued ... ... ... ... ... ....3
• Peaks on the proposed retail center appear isolated ("lonely").
See revised design.
Consideration should be given as to how the parking area relates to the
courtyard area.
Our design ca!!s for a contir�uaus pedestrian passage from the public
sidewalk, lhrough the parkirig nrea lo the exrsling courtyard. This con�tection
provides safe mobility and ada accessibility. Its desigrr has shade trees,
beautiful paving, pedestrian!scaled lighting, benches, and flowering grotmd
cover to articulate lhe existing courtyard.
• The large "signature" archway at the main entry should be preserved, if
possible, since it was probahly very expensive to construct.
The large archway is a very. expensive morrument to a previous properry
ownet'. Its bulk, massing, propartions cmd visua! dimensions are nu[ scale and
character with the exi.�ting �•etail shops. I! is nut compatible with the existing
Architecture; it does not enhance or pronrote our concept of the City Beau�iful
design. It has no historical significance artd is not by any architec�ura!
meas�ire a landnrurk.
"It is a white Elephant ", it.s identity does nolhing to help merchandize lhe
shopping center at all. It shrruld be removed in an effort to emphasize and
encourage an open-air Mediterranean shopprng crnd dining experience wi�h
sidewalk cafes and garden courts. By remaining, it wauld block visual nccess
and reduce parking.
There should be some transition and connectivity between the two separate
centers to open up the market and encourage pedestrian movemcnt between
both areas.
We agree, that 's exactly what we have i�zdicated with the continuaus
pedestrian passage. It is strategrcally located wrthin the center of the site
running from US # 1 to the existing courtyard. It� materials rnrd Icmdscape are
in keeping with the exrsting courryard design. I1s wide palh i.c rdeal for lhe
occasranal arls and crafts .show. Its design and location promotes relationship
of building to site.
• The south end of the propased retail center, which is intended for a bank,
could become a freestandiug out parcel.
The bank is not a scheduleri tenant. Splrlting the buildings and creati�ig
separafe structures would require moving one of structures into the Anchor
tenant parkingfield.
Jul 08 02 04:48p Brur R. Rrthur 3054� 7960
p.5
Onkbrook Contrnued ... ... ... ... .....4
Poor exposure, competition in developing areas and changes in the indushy has
made il almost impossible for Oakbrook's local tenants to survive. Our visron is to
work tn consolidate and strengthen the local retail environment.
The only real cure is lo remove vrsual obstructions and built upon market strengrhs,
larget specific niches and cm optim�rm mix of shops.
We all wrn�t the best possible solutrpn for Onkbrook and its tenants, and we can all
agree the shopping center does not ;do well as it is designed today.
We need to make changes and we n�ed to act now.
This is not a start from scratch pro�iect, we have existing tena�its, budge[s, leasing
criteria, and lime schedules that ar� the driving design force.c. We can all solution
sell our design ideals hut, we need to be practical and capable of being able to put to
use a plan that works within the ow�Ters program. As you are aware, the minr-mall
concept does not work unless lhere are anchor and nationa! tenants that justify the
reduclion of visuul access to the locals. By removing the courtyard edge retail
buildings, we've eliminated the Mrmi Mall concep[ and have provided the rear loca!
tenants with visibility.
If you have any additional commerits, please forward accordingly and we' il address
them as soon as possible.
Thank you for all your help and support, and we look forward to meeting with the
commission again on July 23, 200;?.
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CITY OF PALM BEACH GARDENS
MEMORENDUM
TO: Jackie Holioman, Planner
DATE: September 4, 2002
APPROVED BY: Mark Hendrickson, City Forester�l�6�d�
FROM: Bonnie Peacock, Forestry Technician I�,P
SUBJECT: PUD-02-03, Oakbrook Square PUD Amendment — Revised Plans
I have reviewed the above petition and have no additional comments at this time.
1�
EXECUTIVE OFFICE:
July 29, 2002
S�Q�OQJ� V�III Authori MailingAddiess:
� � P.O. Box 1096Q2
Palm Beach Gardens,
Florida 33410-9602
Ms. Jackie Holloman
Planning & Zoning Division
City of Palm Beach Gardens
10500 North Military Traii
Palm Beach Gardens, FL 33410
RE: Oakbrook Square PUD Amendment
Dear Ms. Holloman:
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7- � /-� �-�
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VIA FAX 799-4281
We offer the following comments on your transmittal dated July 24, 2002 concerning the referenced
project..
1. The applicant needs to depict the existing 10" water main along the west property line on the
landscape plans and provide appropriate setback language on the plans
2. The appiicant needs to upgrade the backflow prevention devices on the anchor tenant store's
fireline and potable water service line.
Please call if you require additional information.
Sincerely,
S AST UTILITY AUTH TY
�- �
Bruce regg
Director of Operations
ad
cc; R. Bishop
S. Donahue
J. Lance
S. Serra
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4200 Hood Road, Palm Beach Gardens, Florida 33410-2198 "���-
Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / Fax (561) 624-2839
� �Kimley-Ho►n
and Associales, Inc.
Ma�h 28, 2002
ReviFed May 1, 2002
Revised July 22, 2002
Revised August 1, 2W2
Revised August 13, 2002
Mr. Ht�nk Schnitzer
Equity One Reulty Bi Managemcnt, Inc.
11G82-A U.S. EIighway 1
Palm Beach Gardcns, Florida 33�408
Re: Oakbrook Sliopping Center
PGA Lioulevarcl nc tf.S. 1
Palm Beach Gflnlens, Florida
040y710W
Dear M�. Schnitzer:
As requesced we have 4n�epai•ed t6is letter to actdress any trlffic changes associated
with pmp�sed modi�cation» of' Uuildings on the site referenced abovc. As you have
outlined, the existing site has 234,028 square feet of building area and 1,126 parking
spaces. After the reconfiguration of the site is compleste, there will be 230,020 square
feec of building uea and 1,080 parking spaces. Thus the propcned site plan will
contain less buildin� square Foatagc than thc present site plan.
The traffic generation of a sho�ping eente�• is a funcdon of building square foc�tage.
Since the building squnre footage wi11 be recluced, the trip generation potential of the
site will be reduced. Thci�cfoie, the existing site will genei�ate more trips thnn the
proposed site and there are no traffic ecmcurrency issues triggered by the
rnodi fication.
If there are any yuestions, plcase do not hesitate to call.
Very truly yours,
KIMI.E'Y-HO SSOC1 , INC.
7o B. Poilock, Jr., P.13. �
Principal
7PB/lem
Cc: Doran Valero
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Seven Cities: Northern Palm Beach County US 1 Corridor Study
Jupiter
Juno Beach
North Palm Beach
Riviera Beach
Lake Park
Palm Beach Gardens
Tequesta
DOVER, KOHL & PARTNERS TREASURE COAST REGIONAi. PLANNING COUNCIL
Given its geographic position and history, the US
Highway One corridor through the seven cities of
northem Palm Beach County should be one of the most
interesting places in Florida. The experience of living
and working and shopping along the comdor— or just
passing through— should be one of the delights of our
region. Around it, a diverse, sustainable economy and
an enchanting community life should be blooming and
regenerating, year after year.
But where the best should be, the US 1 corridor is now
the kind of road that most investors and residents prefer
to avoid. A unique location on the continent is being
treated as if it were Anywhere, USA— a place where
real estate values and commerce have been traded down
for rush hour traffic capaciry.
Five decades of single-minded road widening and bland
development have taken their toll. In response, much of
what is being built today turns its back on Highway One,
as if the communiries have just given up on it. What
will be done to make this corridor work for people,
instead of just for cars?
Because of the exposure and access US 1 offers
businesses, the properties that front this comdor should
be some of the most valuable real estate in the region.
Yet many of the developments are aging and are
approaching obsolescence. What will replace them?
Who Cares About US 1?
The road remains inconvenient because of the lack of
connections with surrounding communities. It is
jammed at some times and empty at others as a result of
zoning practices that have separated land uses into auto-
dependent pods. Worse still, its design makes Highway
One the kind of road that scares away pedestrians,
cyclists, and transit users atike.
Choose Your Future
During the process of creating this report, many local
participants expressed the need for immediate action.
They want to raise their communities' ambition for US 1
to a higher level. This Master Plan is the tool for an
historic turnaround, if the Seven Cities work together as
a united group. Great visions of what could be done
have been drawn up. Coherent ideas for replacing the
current chaos have emerged from seven communities
working together on this project. These are attainable
visions, not just pretty pictures. The physical place that
could grow during the next generation would be a
national model of inspiration, practicality, and wondec
Leave A Worthy Legacy
This is an interesting time in the history of this region,
perhaps even comparable in some ways to the 1920s
when Florida was being rapidly settled. To lure people
to the unsettled territory, developers went out of their
way to create beauty and a sense of history. In the
process, talented designers left marvelous gifrs to future
generations in Addison Mizner's Boca Raton, George
Memck's Coral Gables, John Nolen's new towns, and
the work of Olmsted's firtn in Lake Park. Now, at the
tum of the millennium, Florida communities are
resuming work on this legacy. It is time for US 1 to
mature past the "anything goes" mentality, which has
evidently gripped the corridor for so long. Imagine what
your grandchildren might see in this place.
Revitalizing US 1 is central to the future of the regional
economy and to the quality of life in all seven of these
cities.
You're all in this together. And despite the web of
inertia and past error, there is still hope. Using the
images and designs in this booklet, seize the vision for
making the Seven Cities Corridor one of the most
memorable places in America. Join forces to transform
the corridor's physical image and performance by doing
something each year. Start small if you must, but start
now.
Who should care about US 1? Everyone shou[d!
tievcn Citici: �lurchcrn P.dm B�•.��h Cuunc� U51 Cun�����r Stu.l� I.�'
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Commer�ts from the Charrette Workgroups
Regarding the street
8ury me u6lity lines.
Ir�crease landscaping in the US t's median.
Regarding the fror�ting buildmgs:
At PGA Bouievard and US 1, create a sense of artival tn a new
Main Street area.
As buldings are redeveloped or newly constructed, position the
new buildings at the streeYs edge.
Regarding adafning properties:
Oakbrook Mali and the other adjoining properfies can redevelop
over time inin a rtrixed-use dowMawn with shops, oficas and
apertrnerds.
Create more public squares and green areas as part of the new
downtoum.
Seven Cides: Northem Paim Beach Counry US 1 Conidor Scudy
Palm Beach Gardens
The Intersection of "Main & Main"
Ofthe seven cities, PaIm Beach Gardens has the teast
amount of reai estate fronting liS l. Nonetheless it is an
area that has tremendous potential given its geographic
position and given the importance of PGA Boulevard to
the larger tra�c pichu-e.
The key to unlocking this potential will be creating a
lasting identiry. This can be accomplished by focusing
strategic redevelopment at the intersection of PGA
Boulevard and US 1, fomung a brief "node" of urbane
form and of architectural distinction.
Today, as one travels from North Palm Beach on the way
to Juno Beach, for example, you might not lmow that
you've even passed through Palm Beach Gardens. This
is hard to overcome with mere signs, but can be easily
rectified by transfornung the image and feel of the
corridor itsel£ Wholesale redevelopment is one way to
carry this out. Another is to convert existing strip
centers into a Main Street format via a more incremental
approach, by filling in the area closer to the road with
buildings and rearranging the parking scheme in phases.
For example, Oak Brook Mall on the northeast comer of
PGA Boulevard & US 1 could be reshaped, with much
of the azea currently used by pazldng lots replaced by
buildings, geens and paseos. (This obviously suggests a
move to struct�ued parking, which may or may not
currently be justifiable under current property values and
market condirions, but will aimost certainly be
justifiable eventvally.)
We understand that Palm Beach Gardens has under�aken
a targeted citywide effort to create patkways along
major comdors like PGA Boulevazd, employing wide
setbacks; at its best ttus could help create a lattdscaped
scene reminiscent of the City Beautiful movement. That
general approach is cortect and should be applauded.
However, note that this "main / main" intersection at
PGA and US 1 is the appropriate sort of place to vary
from that parkway standard, in order to bring buildings,
patking and sidewalks into the right urban design
grammaz. This is the very kind of place to which geat
parkways aze meant to lead, following the City Beautiful
tradition; this can be an exception that makes the rule
meaningful.
This crossroad can be the jewel of Palm Beach Gardens,
and may even show a good way to fi� up parts of the
lazger city out west. The intersection of Main & Main
will showcase how humanizing commercial
environments can be good for business.
9.02
�
MimerPark in Boca Raton, Florida is a success stury_ Wh�1 a� Was a dead stnp man nas oeen
hansfortned inUO a vital mixed use rebil street• PaAting is solved by Providng orrstreet parking
for retail as well as parki�g sWdures behind the buiiding.
Palm Brad� G,�r�eni
Close Up Plan of PGA Boulevard � US 1
Wide medians provide refuge Parking behind buildings prevents
for pedescrians crossing US 1 the loss of the screets spadal
definition
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Civic plazas in
front of mall
� NORTH
p 300' 600' 1200'
Buildings should be
broughc to the
property line to creace
spatial definidon
netron� ez�,w.�
mall and parking
loc inco a
shopping dis[rict
E�risting Photos of the intersection of US 1& PGA Boulevard
inccrxcuvu w �v w�u< <. «,a��� ,�
difficu(t for pedestrians co cross
Palm Bcath Gar�l�ns
Building sec back from �he comer
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Narrow median does not protect pe� ans
caught becween lighu
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Future View of US 1 Looking North
Architeccure should fol(ow Mixed-use buildings provide "eyes
traditionaf examples on che s�reei' at all times
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On street parking provides a barrier between
moving cars & pedescrians as wetl as "teaser"
parking
�n�rn Citic;: �rrthcrn P:i6u Gcach C��unt� L51 C��rri�h,r �nnk
�<<nu� �«�� ««���a�� u,�.�,� ��
slow down 6t help fornt �he space
Awnin,os provide shade 6t
protection for pedestrians
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Engineering Considerations for
Palm Beach Gardens
Existing Condltions: Typicai Urban Area
TheEx�n9,TyplcelUS1 Sectioncunaisisofeane-hundrediwentyfoot(120'•0')
wma r�nt-0t-way w�a� rNO �z� e�a� root (� �'-0� wide soulhbound and two (2)
eleven foot (11'-0� wide noMbound asphalt pavement travel lenes, a fourteen
foot (14'-0� wide g�ass medien wHh eghteen inch (1'-8� wide curb and gutteron
either side, and eighteen Inch (1'� wide curE and gutter et the edges of Ne
outske bavel lanes. In add'�tlon, giaen strips (21' wide) and aldewalks (5 to 6'
wkle)are p�esentadJecenttotheeestemandwestem rigM-0f-wayiimib.
Proposed Cross Section: Typical Main Street Area
(Curb and gutter at oumide lenes)
The r�gqs�QUSlSectlonconsi.stsofretsiningtheexistlngonehventyhundred
foot (120'-0� wide dghFof-way end h�corporating the followirrc� modiAcetlons:
Remov'mp ihe existing sidewalks (widlh varfes) and consdvctlng new
nineteen foM (19'-0� wide aidewalks wHh seven foot (T-0'� wide tree
plenters fi eech hetf ofthe rightof-xay.
Introducing eigM and orre�helf toot (8'-6') wide parallei parking spaces
adjacent to ihe new sidewa0�s, induding eigMsen inch (1'�6'� wide curb
and gutter In both Ne South and Norih diracdons
Inaeesing the foudeen toot (14'-0� wide grass median to eighteen feet
(18'-0")Inwidth.
The Sg,g to consWd Ne Proposed Section, induding pavement
resur(acing, drainaga improvements and related construetlon is
apptarimately 3330 per Meal foot, subject fi Me following Notes and
Aesumptio�.
Seven Cicies; Northem Palm Bcach County i1S1 CoRidorStudy
Notee and Aeeumptions
The preceding eeUmete doea not InGude costs related to right-0i way
acquis�lan, mitlgatlon, rra�+� ai9r,e�+�aon or s�r,e0e, udtity relocallon, or
lendeceping otl�erthen eadding.
The Ilnear foot estimates for roadwey consfructlon assume that the existlng
pavement can be mllled and resurfeced to achieve Ne deeired aoas aeclbn.
If theexieUng dra(nape ayatem, wherepreaenl, Is adequate and can beutlllzed in
the propoaed mnstructlon, the Iinear foot wst eetlmete mey decreaee by as
much as $10011inearfoot.
If exisUng Wiity polea are to be removed and repleced with an underground
eledric tranemiselon/distribuqon system, ihe Ilneer foot cost estlmate mey
Inaeaseforeachside ofthe rlght-0f•waywhere polesare present
The Ilnearfooi cast eetlmatea conteined hereln are'order of magnitude" flgures
and appropdate mnfiagency percenfagea should be applled when preparinp
preliminary cost estlmates.
9.08
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PUD AMENDMENT SUBMITTAL
11561 U.S. HIGHWAY 1
PALM BEACH GARDENS, FL,
,-
Proposed Outparcel Building/FroM Elevatian
SHEETINDEX
GENFAAL INFORMATION OUTPARCEL BUILDING
Sl'fE PIANS <- �a� c_EC � u.i.P E�vP���s
s—. _.,rr[ a� N, . ,.�-'�o �_ir . r,. E7QSTING RETAIL
LANDSfAPE PLAIVS
LOCATION SKETCH
N,T.S.
AERIAL PHOTOGRAPH
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OFFICE AVAILABLE �
20,000 S.F. �
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RETAIL AVAILABLE ,�
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SITE KEY LEGEN� SfTE DATA „�„m�,;;'�a„�,°=�p �� ;„�"a';, PARKING DATA ,
°� ERCk P<.'[kt� 4r_E593LE -PrH .-iuc- w/ps'aHp�i �-,iv[. pREA OF SIiC 906,299.69 S.F. (2G.B1 AcresJ TOTnL PARRI�G REOUIRE� 105].00 SPAGES �'�
.P-.. . �NX ..I.GI` Sr-J. G�4055 FLOOR AREA m 3is565PACES e.sesa2as
_. iiH t. .. M,^.'.EU�i[R1, A'fi01d l.5 �. . .. . s<a.wnrie.aa mmo.m...i.m. su 2u.ao svac¢
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= ivf+_ 1F.=RAI�FLA�IIC Si,.,I�AR� �! .�IJF � �V BAFi - - mnr- .00. iin a-ao saacES e,mmxFim+.o.ao � 1<.00 SPnC'S
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--�. ttp. �... i.si�p 5^N W/ u0 aGU' n,ni� Sr,��. �a� caoss,zoow naEn ,.00 s.�_ zi�e z u•W %•. m, "• zn,�s svncc-s ppRKII:G PROVI�E� 1080.00 S?
ACES
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a., ,�m a z�' rourv�n. uo��i �,•a.�� ��n.cw�. ��N DOE9 NOT NECE86ARILY REPRE9ENT THE E%ACT LOCATION OF EACH 7ENANT, ALL U4ER3 INDICATED MAY VARY WffH LANDI.ORD'S LFASE E%HBfB.
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IXISI7NG AND PROPOSED RETAIL BUIL_DING ELEVATIONS
S�CALE : 118" = 1'-0^ '.
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overall courtyard west elevation facing US highway # 1
SCALE : 1(16" = 1'-0"
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west elevation section 2
EXISTING COURTYARD/REfAIL BUILDING ELEVATIONS
SCAIE : 1(e" = 1'-0"
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Ordinance: Ordinance 42, 2002
Subiect/Aqenda Item
Ordianance 42, 2002: Old Palm Community Development District
Second Reading/Public Hearing: A request by Stephen Sanford and Michael Sabatello of
Greenberg Traurig, P.A., on behalf of Communities Finance Company, LLC, a Delaware
limited liability company (the "Petitioner"), for approval of the establishment of the Old Palm
Community Development District for the Old Palm Planned Community District (PCD),
located between Central Boulevard and Florida's Turnpike and north of PGA Boulevard.
The request is filed pursuant to Section 190.005(2) of the Uniform Community Development
District Act of 1980.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission Action:
Principal Planner:� � Growth Management Costs: $ NA
Talal Benothman, A Total
Project Ma ager: [ ] Approved
City Attorney: $ [] App. w/ conditions
Leonard Rubin, sq. Current FY [] Denied
[ ] Rec. approval
Development Compliance: Allan Owens: Funding Source: [] Rec. app, w/ conds.
N/A '
[ ] Rec. Denial
Finance Administrator [] Operating [] Continued to:
Bahareh Keshavarz-Wolfs, �[X] Other NA
AICP ��
Budget Acct.#: NA
Submitted b Advertised: Attachments:
Growth Ma a /'� Date: Nov. 6, 2002
Administra r: (��� • Reduced Plans
Charles K. , AICP Paper: Palm Beach • General Information
st on CDD
Approved b :
City Manag r: �n. [] Not Required
Ronald M. Ferr'
Affected parties:
[X] Notified
[ ] Not Required
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Ordinaace 42, 2002
BACKGROUND
The 651 acre Old Palm PCD was approved on September 18, 2002 pursuant to Ordinance
32, 2002 (the "Development Order"). The Old Palm PCD is approved for 333 single-family
residential units along with a private 19-hole golf course and eleven lakes on site. In
addition, the Old Palm PCD will include a clubhouse, sales center, maintenance facilities,
golf service area, and three practice holes.
THE OLD PALM COMMUNITY DEVELOPMENT DISTRICT
Communities Finance Company, LLC, a Delaware limited liability company, as petitioner,
sole landowner and developer, proposes to establish the "Old Palm Community
Development District" (the "District") within the Old Palm PCD pursuant to the Uniform
Community Development District Act of 1980, Chapter 190, Florida Statutes (the "Act"). A
Community Development District is a local unit of special purpose government authorized
by the Uniform Community Development District Act, Chapter 190, Florida Statutes ("AcY')
and organized to plan, finance, construct, operate, and maintain community-wide
infrastructure in planned community developments. The Ordinance to establish the District
does not affect the PCD approvals. For the City Council's information, the Old Palm CDD
will be the first CDD established in the City of Palm Beach Gardens.
Purpose of the District
The District will finance the construction or acquisition of the following improvements
benefiting the Old Palm PCD:
• The surface water management and control systems;
• Offsite roadway improvements required by the Development Order, including turn lanes,
signalization, streetscape and irrigation;
• The water distribution and wastewater collection and transmission facilities;
• Wetland mitigation;
• The perimeter landscaping, lighting and entry features; and
• Related incidental costs (collectively, the "Public Infrastructure").
To raise the capital necessary to complete the Public Infrastructure, the District will issue
special assessment bonds. The proceeds of the special assessment bonds will be held in
trust by the District's trustee, Wachovia Bank, National Association, an independent
financial institution, and disbursed only for appropriate authorized District expenditures.
The District can either construct the Public Infrastructure, or acquire it from the Petitioner
after completion. In the latter circumstance, the reasonable cost of the construction of the
improvements (which cost must be approved by the District's engineer and can not be
greater than the fair market value of the completed infrastructure) will be released to the
2
Petitioner from the bond proceeds only after the work ha
and accepted by the District. This ensures that the
Infrastructure improvements are available to the Distric
proceedings resulting from financial difficulties that may b
as developer.
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Ordinance 42, 2002
s been independently inspected
funds to complete the Public
t and are protected from any
e experienced by the Petitioner,
The District will own and operate all of the Public Infrastructure improvements, except for
the water distribution and wastewater collection and transmission facilities, which will be
built according to the Seacoast Util�ty Authority's (the "Authority") specifications and
conveyed to the Authority once complete, pursuant to the Authority's requirements.
The authorizing Ordinance and Florida law strictly limit the powers of the District. It is
important to note the following:
• The District will not have the power to exercise any zoning or permitting powers;
• The City will not be liable for any bond obligations of the District, nor for Sunshine Law
Compiiance by its Board of Supervisors;
• No taxpayer residing outside of the District can or will be taxed by the District; and
• The District will not affect the City's bonding capacity and millage rate.
Financinq
The District will finance the construction or acquisition of the initial Public Infrastructure
improvements by issuing unrated special assessment bonds, which will be sold to qualified
institutional investors. The bonds will have two portions — an "A" portion and a"B" portion.
Most of the overall debt will be represented by the "B" portion and will be amortized over a
period of no more than 10 years. The "B" portion will be paid by the Petitioner, as
developer, from its own funds, on or before the closing of the conveyance of each lot to the
initial retail purchaser.
The "A" portion will be amortized over no more than 30 years and the principal and interest
payable will be paid by the District from the proceeds of non-ad valorem special
assessments levied by the District on the benefited land within the Old Palm PCD. The
non-ad valorem assessments will be collected annually by the Palm Beach County Tax
Collector or the District.
The anticipated principal amount of the special assessment bonds to be issued by the
District will not exceed $65 million. However, because the "B" portion will be satisfied by the
Petitioner from its owns funds, the assessments that the individual retail homeowners will
have to pay are estimated to be as follows:
3
Type of Home
Acre Lot
Grand Estates
Floyd Estate
Golf Villa
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Ordinance 42, 2002
Good Faith Estimate of Assessment Levels
"A" Portion per Unit
$4,255 annually
$3,830 annually
$2,128 annually
$1,915 annually
"B" Portion
Paid by developer at time
of closing with retail
purchaser
Same as above
Same as above
Same as above
The District will pay for the operation and maintenance of certain elements of the
infrastructure by levying annual maintenance assessments on land within the Old Palm
PCD. Currently, it is estimated that this annual maintenance assessment will be $320 per
residential lot, and per unit for the studio type dwellings.
The District, with the approval of its Board of Supervisors, also has the power to levy special
assessments for the replacement of the Public Infrastructure, as necessary.
Operation of the District
Pursuant to the Act, the District will be governed by a five-member board of supervisors.
For the first six years, the members of the Board are elected by the landowners (principally
the Petitioner). Beginning in the 7th year, each board position that comes up for re-election
must be filled by a qualified elector residing within the District in a general election wherein
all qualified electors within the District are entitled to vote. By the end of the 8th year,
qualified electors who reside within the District are entitled to elect all of the Board members
pursuant to the Act.
The District is required to submit its annual budget, financial report, audit and public
financing disclosures to the City for informational purposes. The City, however, is not
obligated to review or approve them or take any action or incur any costs with respect
thereto.
Benefits to the Citv
The District benefits the City in several ways:
1. The District is an integral part of facilitating a community of the highest quality along the
PGA corridor;
2. With the District in place, the Petitioner can complete the Public Infrastructure and road
improvements more quickly, reducing the time for road construction and the resulting
inconvenience;
4
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Ordinance 42, 2002
3. The bond proceeds are held by the trustee and protected until the Public Infrastructure
is complete, guaranteeing the timely and proper completion of the improvements;
4. The cost of constructing, maintaining and replacing the Public Infrastructure will be
borne onlv bv the residents of Old Palm PCD who will be responsible for the cost of
constructing the infrastructure and the perpetual cost of maintaining and replacing the
improvements; and
5. The District homeowners wiN control their own destiny within eight years by directly
electing the Board of Supervisors.
Requirements under the Act for Establishinq the District
The District satisfies the requirements of the Act because it complies with the following:
1. The District services will be consistent with the PCD, which is being developed as one
community;
2. The District infrastructure and services will be compatible with the existing local and
regional services and facilities; and
3. The District is the optimum choice for delivering community development services to the
Old Palm PCD. The District will not assess persons outside of the District, the
establishment of the District and the issuance of the special assessment bonds will be
completed in time to permit the timely construction and acquisition of certain elements of
the Public lnfrastructure, and the District will serve as the entity responsible for the
operation and maintenance of the Public Infrastructure without contribution from the Citv
or residents outside of the District.
Disclosure
To ensure that all prospective land owners within the Old Palm PCD are well advised of the
existence, function and powers of the District, the Petitioner agrees to undertake the
following disclosures which extend beyond the requirements of Sections 190.009 and
190.048, Florida Statutes:
1. A Notice of Establishment will be recorded in the public land records against all property
within the Old Palm PCD, pursuant to section 190.0485, Florida Statutes. The Notice of
Establishment shall appear in the title chain for all lots within Old Palm and will disclose
the establishment and existence of the District;
2. A Notice of Assessments will also be recorded in the public land records against all
property within Old Palm once the assessments have been set by the Board of
Supervisors. The Notice of Assessment shall disclose the amount of the annual
assessments applicable to the lots within Old Palm, and shall provide the name,
address and telephone number of the District Manager;
5
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Ordinance 42, 2002
3. Each prospective initial retail purchaser will be provided with a brochure along with the
Old Palm sales materials disclosing the establishment of the District and the anticipated
level of assessments applicable to homes within Old Palm;
4. Each purchase and sale agreement with initial retail purchasers will include a specific
disclosure addendum outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lots within Old Palm;
5. Each deed of conveyance delivered to the initial retail purchaser within Old Palm will
specifically reference the Notice of Establishment recorded in the Land Records of Palm
Beach County, Florida; and
6. Pursuant to section 190.048, Florida Statues, each purchase and sale agreement with
an initial retail purchaser of a home within Old Palm will include the following
conspicuous disclosure above the space provided for the purchaser's signature in large
boldfaced type:
"THE OLD PALM COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE
AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
7. The Declaration of Restrictions for Old Palm will include a disclosure of the existence
and function of the District, and will require all owners of homes within Old Palm to
disclose the existence and function of the District to subsequent purchasers.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 42, 2002.
C
Prepared ay: Greenberg Traurig, P.A.
Michael Sabatello, Esq.
Stephen D. Sanford, Esq.
OLD PALM COMMUNITY DEVELOPMENT DISTRICT
QUESTIONS AND ANSWERS
1. Q: What is a Community Development District?
A: A Community Development District ("CDD") is a local unit of special purpose
government authorized by the Uniform Community Development District Act, Chapter 190,
Florida Statutes, as amended and supplemented (the "AcY'), to plan, finance, construct,
operate, and maintain community-wide infrastructure in planned community developments.
The Act provides the exclusive procedures for the establishment of a CDD.
2. Q: Why create a CDD?
A: CDD'S provide a method of planning, managing and financing capital infrastructure
within the area of the CDD without overburdening local governments and their taxpayers.
3. Q: How do CDD's compare to local governmental units?
A: A CDD is not a substitute for the city or county in which the CDD lies. A CDD has no
zoning or permitting powers governing development. A CDD's powers are generally limited
to planning, financing, constructing, operating and maintaining community infrastructure.
Condemnation by the CDD for the uses and purposes of the CDD relating to water, sewer,
roads and water management may be authorized by resolution of the City on a
case-by-case basis. CDD's must also provide disclosure of public financing, submit their
budget for annual public hearing and comply with both the Sunshine and Public Records
laws. CDD's must comply with the applicable comprehensive plans, ordinances, or
regulations of the City.
4. Q: What do CDD's fund?
A: Among other infrastructure and facilities permitted under the Act, CDD's can finance,
construct, maintain and operate the following community infrastructure:
Surface water management systems for land within the CDD;
2. Potable water, sewer and wastewater management facilities;
3. Roads and street lights;
4. Parks and landscaping;
5. Fire prevention and control, including fire stations and fire hydrants;
6. School buildings and related structures;
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7. Mosquito control;
8. Solid waste collection and disposal; and
9. Security inciuding, but not iimited to, guardhouses, fences and gates.
5. Q: What infrastructure does the Old Palm CDD propose to undertake?
A: The Old Palm CDD proposes to construct the following improvements:
Surface water management and control system;
2. Offsite roadway improvements;
3. Potable water, wastewater facilities and fire hydrants;
4. Wetland mitigation; and
5. Landscaping.
6. Q: Who will own, operate and maintain the infrastructure constructed by the
CDD?
A: The water and sewer components will be dedicated to the Seacoast Utility Authority.
The remaining infrastructure will be operated and maintained by the Old Palm CDD or in
certain cases the Old Palm CDD will contract with the property owner's association to
provide such services but the infrastructure will continually be owned and under the control
and supervision of the Old Palm CDD.
7. Q: How are CDD's of the size of the Old Palm CDD created?
A: CDD's of less than 1,000 acres in size are created pursuant to a public hearing and
an ordinance adopted by the City Council granting a petition for the establishment of the
CDD. The proposed Old Palm CDD is approximately 651+/- acres.
8. Q: What does a CDD cost the City's taxpayers?
A: The costs to the City associated with the CDD are strictly administrative. First, the
City must review and act upon a petition to form the CDD. The petitioner pays a$15,000
filing fee to the City which should defray the costs associated with reviewing the petition.
The petition requires City Council approval. The proposed District will submit, for
informational purposes, its annual budget, financial report, audit and public financing
disclosures to the City. Since there are not legislative requirements for review or action;
the City will not incur any costs.
9. Q: How is a CDD governed?
A: A CDD is governed by a five member board of supervisors (the "Board"). For the
first six (6) years, the control of the Board is maintained by the landowners within the CDD.
After six years, qualified electors (taking into account a phasing in after the 6th year) wiihin
the CDD elect Board members.
\\wplYSrv01 \SANFORDSU743?7v05\5/8/02\54175.010100
10. Q: How does a CDD secure the funds to construct, maintain and operate the
public infrastructure and facilities?
A: A CDD has the authority to secure funds by several methods, including the following:
a} Issuance of bonds.
b) Issuance of bond anticipation notes.
c) Ad valorem taxes.
d) Special assessments.
e) Charges of rates, fees and rentals.
11. Q: How does the Old Palm CDD propose to raise money for its infrastructure?
A: The Old Palm CDD will raise money for its infrastructure through several of the
methods authorized by Florida Statutes. The financing will be structured as follows:
a} Speciai Assessment Bonds wiil be used to provide the initiai capital to
build or acquire the CDD's infrastructure.
b) Special Assessments on property within the CDD will repay the bonds.
c) Any operation and maintenance of CDD infrastructure will be funded by
maintenance assessments.
, The Old Palm CDD has no plans to use general obligation debt (debt which pledges
the full faith and credit of the CDD).
12. Q: ff the CDD defaults on repayment of the bonds, what protection and recourse
is available to the bondholders?
A: The land within the CDD is the security for repayment of the bonds. The bonds are
to be repaid by special assessments which are obligations of the landowners. Thus, if
unpaid, these debts become a lien on the CDD property on equal status with unpaid ad
valorem taxes. Because the debt is a government obligation, these liens will take a priority
position relative to other debt which may encumber the CDD property.
13. Q: Can the City of Palm Beach Gardens be liable for obligations of the CDD?
A: No. The Florida Legislature has specifically stated that "no debt or obligation of a
(CDD) shall constitute a burden on any local general purpose government without its
consent."
14. Q: Will the taxpayers residing outside of the boundaries of the CDD be taxed for
the costs of infrastructure provided by the CDD?
A: No. A special assessment is levied only on the property within the CDD. The Old
Palm CDD includes only the property within the geographical boundaries within the CDD
project.
15. Q: Will the City's bonding capacity be affected by bonds issued by the CDD?
A: No.
\\wp65rv01 \SANFORDS�374327v05\5/8/02\54175.010100
16. Q: Will the City's millage rate or cap be affected by taxes or assessments levied
by the CDD?
A: No.
17. Q: What are the benefits of the Old Palm CDD to the City and its citizens?
A: First, well-planned and well-financed communities provide attractive locations for
new residents and new or expanding businesses, thereby enhancing the quality of life and
the economic development of the entire area. Second, a CDD is the best way to assure
that residents within the CDD receive the infrastructure or services they need (often quicker
than if these improvements would be installed under conventional financing terms), while
restricting the cost directly to those who receive the benefit of the infrastructure or services.
The issuance of special assessment revenue bonds payable solely from special
assessments levied on the benefited land will assure that the necessary funds are
available to finance the required infrastructure. Also, long term maintenance of these
improvements is assured due to the ability of the CDD to assess and collect for such
maintenance costs directly on the tax roll which is a superior means of collection than
assessments being collected by an HOA.
Thirdly, the establishment of a CDD to finance the necessary infrastructure will accelerate
the development of the planned moderately priced housing.
18. Q. Will potential future homeowners be made aware of the special assessments
that they will be required to pay?
A. The Act provides that each contract of sale contain the following disclosure
immediately above the signature line. "THE...(Name of District)... COMMUNITY
DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE
COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE
SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
ASSESSMENTS PROVIDED FOR BY LAW." Such disclosure must be boldfaced and
conspicuous type which is larger than the type in the remaining text of the contract. In
addition, a notice of lien will be recorded on all the lands to assure that any title search
would pick up the special assessments imposed by the Old Palm CDD.
19. Q. When the Old Palm CDD purchases infrastructure from the developer, what
assurance is there that the Old Palm CDD will pay no more than fair value?
A. The Old Palm CDD will retain the services of an independent engineer who will be
required to certify, prior to any disbursements of bond proceeds, that the work has been
completed in accordance with state and local requirements and that the cost will be not
greater than the fair market value of such infrastructure.
\\wpbsrv0l \SANFORDS�374327v05\5/8/02\54175.010100
20. Q. What other factors are relevant from the standpoint of creating a CDD?
A. A CDD is a viable and responsible entity, subject to applicable law, for the provision
of certain public infrastructure which the City in the case of the Old Palm CDD does not
need to operate or maintain; while adding millions of dollars of property value to local
property tax rolls. Such an arrangement allows the City to focus its limited resources on
other areas of concern in the City. In addition, residential CDD's, such as the Old Palm
CDD, are advantageous to the end-user (homeowner) because the required infrastructure
is acquired or constructed by the CDD with money borrowed at a tax exempt rate and, as a
result, there is an incentive for a developer to make his product as competitive as possible,
thereby increasing sales. The buyer benefits and the developer benefits.
, _
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NO. 499211
NOTICE OF PUBIIC HEARING CONCERNING THE
ESTABLISHMENT OF THE OLD PALM COMMUNITY DEVELOPMENT
DISTRICT IN PALM BEACH GARDENS, FLORIDA, BY THE CITY
COUNCIL Of THE CITY OF_PALM BEACH GARDENS.
Notice is hereby given fhat on December 5, 2002, af 7:00 P.M., or soon
thereaker, the City Council of the City of Palm Beach Gardens (the "Coun-
cil"), will'consider an ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP
PALM BEACH GARDENS ESTABLISHINQ A COMMUNITY
DEVELOPMENT DISTRICT OVER THE REAL PROPERTY LEGALLY
DESCRIBED ON EXHIBIT "A" TO THIS ORDINANCE COMPRIS-
ING APPROXIMATELY . 651 ACRES: NAMING THE INITIAL
MEMBERS OF THE BOARD OF SUPERVISORS OF THE DIS-
TRICT; ESTABLISHING THE NAME,OF-TME DISTRICT AS OLD
PALM COMMUNITY DEVELOPMENT DISTRICT; DE516NATING
THE PURPOSE OF THE DISTRICT; DESIGNATING THE POWERS
OF THE DISTRICT; PROVIDIN�3 FOR SEVERABILITY; PROVID-
ING FOR CONFLICTS; PROVIDING FOR AN EFPECTIVE DATE.
at a public hearing to be held at:
Ciry Hall
10500 North Military Trail
Palm Beach Gardens, Florida 33410 '
to inform the public about the elements of the petition to form a communiy
development cJistrict in Palm Beach Gardens, Florida. The information pre-
sented at this hearing will be used by the Council in grantin or denying the
petition ps set forth in Section 190.005�2), Florida Statutes �F.S."1) and also
to affor� the petifioner, affected units of local government, and the general
public a foir and adequate opportunity to appear at the hearing a�d present
oral and wriHen comments (submitted to the Council at or before the public
hearing) relevant to the creation of the Old Palm Community Development
District fthe "CDD"�. The proposed CDD is located on approximately 651
acres oF land located directly East of the Florida Turnpike, directly North of
PGA Boulevard and due South of Hood Road. Approximately 70.52 acres
lies East of Central Boulevard and the balance of the total acreage lies West
of Central Boulevard, which total area is shown on the map below.
Sectton 35, TownsTup 41 9ourh
If adopted, the ordinance would create a communify development district
and designate the land.area served. The creation of such a district pursuant
to Chapter 190, F.S., is not a land development authorization or aPproval.
All planning, Permitting and other regulatory requirements pertainmg to
development within the land area shall be adhered to pursuant to general or
special law or applicable local ordinance.
,The CDD is designed to serve the needs of its property owners by financing
constructing, operating and maintaining a portion of the infrastructure anc�
community tacilities needed by district property owners, including the surface
water management and control system, water distribution system and wast�
water collection and transmission facilities, offsite roadway imProvements,
offsite landscaping, lighting and entry features, and wetlands mitigation. The
CDD will make use of nonad valorem assessments levied on all properfy
owners in the district.
The specific legal authority for this action is Sections 190.004 and 190.005,
F.S.
For further information contact Mr. Charles Wu Director of Growth Man-
agemen), 10500 Nort�i Military Trail, Palm Beac� Gardens, Florida 33410
at �561 � 799-4243. Affec}ed units of general-purpose local government and
the general public shall be given an opportunity to appear at the hearin9
and present oral or wriHen comments on the petition.
Should any person decide to appeal any decision made 6y the Council, he
or she will need a record of the proceedings and may need to ensure that a
verbatim record of the proceedings is made, which record must include
testimony and evidence upon which the appeals may be based.
In accordance with the Americans with Disabilities Act, persons with disabili-
ties needing special assistance accommodations to participate in this pro-
ceeding should contact Ms. Patricia Snider, City Clerk, no later than five (5)
days prior to the hearing at telephone number �561 � 799-4120 for assis-
tance; if hearing impaired, telephone the Florida Relay Service Numbers at
(800) 955-8771 RDD) or (800) 955-8700 (VOICE) for assistance:
This Notice is published pursuanh to the requirements of Chapter
190.005�1��d�, Florida Statutes.
By: Communities Finance Company
, PUBLISH: Palm Beach Post November 6, 13, 20, 27, 2002
Date Prepared: December 9, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 42, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, ESTABLISHING A COMMUNITY
DEVELOPMENT DISTRICT OVER THE REAL PROPERTY DESCRIBED
IN EXHIBIT "A" TO THIS ORDINANCE COMPRISING
APPROXIMATELY 651 ACRES; NAMING THE INITIAL MEMBERS OF
THE BOARD OF SUPERVISORS OF THE DISTRICT; ESTABLISHING
THE NAME OF THE DISTRICT AS THE "OLD PALM COMMUNITY
DEVELOPMENT DISTRICT"; DESIGNATING THE POWERS OF THE
DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 190, Florida Statutes, provides an alternative method to finance
and manage basic services for community development; and
WHEREAS, in accordance with Chapter 190, Florida Statutes, Communities Finance
Company, LLC, a Delaware limited liability company ("Petitioner") petitioned the City for
the establishment of the Old Palm Community Development District ("District"); and
WHEREAS, after proper public notice, the City Council conducted a public hearing
pursuant to Section 190.005(1)(d), Florida Statutes, and in accordance therewith makes
the following findings of fact:
The petition is complete in that it meets the requirements of Section
190.005(1)(a), Florida Statutes, and all statements contained within the Petition
are true and correct; and
2. The establishment of the District is not inconsistent with any applicable element
or portion of the City's Comprehensive Plan; and
3. The area of land
and is sufficiently
community; and
within the District is of sufficient size, is sufficiently compact,
contiguous to be developable as one functional interrelated
4. The establishment of the District is the best alternative available for delivering the
community development services and facilities to the area that will be served by
the District; and
5. The proposed services and facilities to be provided by the District will be
compatible with the capacity and uses of existing local and regional community
development services and facilities; and
�
Date Prepared: December 9, 2002
Ordinance 42,2002
The area that will be served by the District is amenable to separate special-
district government.
WHEREAS, the City Council determines that the adoption of this Ordinance is in the
best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The Petition to establish the Old Palm Community Development District
over the real property described in Exhibit "A" attached hereto, which was filed by
Communities Finance Company, LLC, and which Petition is on file at the Office of the
City Manager, is hereby granted. The name of the District shall be the "Old Palm
Community Development District."
SECTION 3: The external boundaries of the District shall be as depicted on the location
map attached hereto and incorporated herein as Exhibit "B." The City agrees that the
District may undertake projects outside District boundaries that are required by
development approvals and permits applicable to land within the District boundaries. In
furtherance thereof, the developer of the land within the District may assign its
obligations under such development approvals and permits to the District, subject to
consent requirements by the agency issuing the said development approvals and
permits.
SECTION 4: The initial members of the Board of Supervisors shall be as follows:
Mike Millard
Roger Dyess
Candace Jorritsma
John Gora
John Ferry
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
24301 Walden Center Drive
Bonita Springs, FL 34134
2
Date Prepared: December 9, 2002
Ordinance 42,2002
SECTION 5: The District is created for the purposes set forth in Chapter 190, Florida
Statutes.
SECTION 6: The Council hereby grants to the Old Palm Community Development
District all general powers authorized pursuant to Section 190.011, Florida Statutes and
the special powers described in Section 190.012(1), and hereby finds that it is in the
public interest of all citizens of the City to grant such general and special powers.
Notwithstanding the foregoing, the granting of special powers in Section 190.012(1) is
subject to the regulatory jurisdiction and permitting authority of all applicable
governmental bodies, agencies and special districts having authority with respect to
such powers.
SECTION 7: Pursuant to Section 190.005 (2) (d), Florida S#atutes, the charter for the
Old Palm Community Development District shall be Sections 190.006 through 190.041,
Florida Statutes.
SECTION 8: This ordinance is made subject to strict compliance by the Old Palm
Community Development District with the disclosure requirements of Sections 190.048
and 190.0485, Florida Statutes. In addition to the statutory requirements, the petitioner
shall:
Record a Notice of Assessments in the public records against all property within
the District once the assessments have been set by the Board of Supervisors.
The Notice of Disclosures shall disclose the amount of the annual assessments
applicable to the lots within the district and shall provide the name, address and
telephone number of the District Manager;
2. Provide each prospective initial retail purchaser with a brochure along with sales
materials disclosing the establishment of the District and the anticipated level of
assessments applicable to homes within the District;
3. Include in each purchase and sale Agreement with initial retail purchasers a
specific disclosure addendum out-lining in detail the existence and function of the
District and the estimated assessment amounts applicable to lots within the
District;
4. Include in each deed of conveyance delivered to the initial retail purchasers a
specific reference to the Notice of Establishment recorded in the public records;
and
5. Include within the Declaration o f Restrictions for Old Palm a disclosure of the
existence and function of the District and require all owners of homes within the
District to disclose its existence and function to subsequent purchasers.
Date Prepared: December 9, 2002
Ordinance 42, 2002
SECTION 9: All ordinances or parts of ordinances of the City of Palm Beach Gardens,
Florida, which are in conflict with this Ordinance are hereby repealed to the extent of
such conflict.
SECTION 10: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be
unconstitutional, inoperative or void, such holding shall not affect the remainder of the
Ordinance.
SECTION 11: This Ordinance shall become effective upon adoption.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
4
2002.
2002.
day of , 2002.
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
►�_ •: _:
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
AYE NAY ABSENT
Date Prepared: December 9, 2002
Ordinance 42, 2002
LI D B E R G L A N D EXHIBIT "A��
SURVEYING, INC.
� 675 West Indiantown Road, Suite 200, Jupiter, Fiorida 33458
VOICE 561-746-8454 FAX 561-575-3735
LEGAL DESCRIPTION:
PARCEL 31.01
A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST
AND SECTION 2, TOWNSHIP 42 SOUTN, RANGE 42 EAST, WITHIN THE MUNICIPAL
LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA,
A�1D BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH
00°57'25" EAST, ALONG THE WEST LINE 7HEREOF, A DISTANCE OF 2,297.06 FEET;
7HENCE SOUTH 87°56'11" EAST, A DISTANCE OF 301.06 FEET; THENCE NORTH 00°57'25'
EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87°56'04" EAST, A DISTANCE OF
2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 59°35'10" EAST, A
RADIUS OF 2.�7].00 FEET, AND A CENTRAL ANGLE OF 75°39'04"; THENCE PROCEED
SOUTNERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
3.399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AS
SHOVVN ON RO�D PLAT BOOK 6, PAGE 88 AND AS DESCRIBED IN OFFICIAL RECORD
BGuK :>>04, PAGE 945 OF THE SAID PUBUC RECORDS AND A POINT ON A CURVE
HA��'lfvG A R�DIAL BEARING OF SOUTH 54'26'54" EAS7, A RADIUS OF 3,879.72 FEET,
Ai�lC� A CEy fRAL ANGLE OF 33'23'07"; THENCE PROCEED SOUTHERLY ALONG THE ARC
O� SAlD CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2,260.64 FEET TO THE
ENG CF SAiD CURVE: THENCE SOUTH 02'09'S9" WEST, CONTINUING ALONG SAID
RIGHT-OF-VVAY LINE, A DISTANCE OF 2,868.10 FEET TO THE NORTH RIGHT-OF-WAY LINE
OF P.0 A. BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 7819, PAGE 1428
�OF THE SAID PUBLIC RECORDS; THENCE NORTH 88°22'39" WEST, ALONG SAID NORTH
F3±GHT-OF-���IA1�' LINE, A DISTANCE OF 1,011.70 FEET TO THE POINT OF CURVATURE OF
GL'Fi`JE i�ONCAVE TO THE NORTH, HAVING A RADIUS OF 11,359.16 FEET; THENCE
r��:��, rh'�'1 ��TrRLY ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE OF
�% 3"��n :�i�! �'-,RC DISTANCE OF 520.97 FEET TO THE POINT OF REVERSE CURVATURE
�;r .-� ::'JR'�J` CONCAVE TO THE SOUTH, HAVING A RADIUS OF 11,559.16 FEET;
i H� ��:^� �� �l,'1"H'�:VESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
Atid;'�!_E :'�_ '',`? �t`19" AN ARC DISTANCE OF 576.03 �EET TO A POINT ON THE NORTH
;;I;,HT-��=-'r'iA'� LINE OF P.G.A. BOULEI/ARD AS DESCRIBED IN OFFICIAL RECORD
BOC)K '=V t; °aGE 516; THENCE NORTH 80'S8'48" WEST, ALONG SAID NORTH RIGHT-
Or !�'.',�.Y i iN� A DISTANCE OF 124.22 FEET; THENCE NORTH 84°28'OS" WEST,
�;O�d? INUING HLONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 293.34 FEET TO A
PC?If�T �)[�l THE WEST UNF OF THE SOUTHWEST CIUARTER OF SAID SECTlON 2;
THErJCE NORTH 02� 1o�3a�� EAST, A DISTANC� OF 119.2a FEET; THENCE NORTH
0� '=�'�3° EaST. ALONG THE EAST RIGHT-OF-WAY LINE OF THE RONALD REAGAN
TURr1PIKE (FOR��IERLY THE SUNSHINE STATE PARKWAY). AS SHOWN ON FLORIDA
DEPART��1ENT OF TRANSPORTATION RIGHT-OF-WAY MAP STATION 3334+58.46 TO
STATION 3:3a3�22.17, SHEET 8 OF 12, DATED JULY 27, 1955, A DISTANCE OF 471.83
FEET; THENCE NORTH 35'24'S3" EAST, A DISTANCE OF 325.37 FEET; THENCE NORTH
46 `3532" EAST. A DISTANCE OF 458.00 FEET; THENCE NORTH 01 °35'32" EAST, A
DiSTANCE OF 307.00 FEET; THENCE NORTH 42°49'26" WEST, A DISTANCE OF 521.54
FEET; THGNCE �!ORTH 27'49'26" WEST, A DISTANCE OF 307.24 FEET TO THE WEST
LINE OF S.aiD SECTION 2; THENCE NORTH 02°10'34" EAST, AI.ONG SAID WEST LINE,
AND ALO��G THE EAST RIGHT-OF-WAY LINE OF SAID RONALD REAGAN TURNPIKE, A
DISTANC� OF 371.65 FEET; THENCE NORTH 02'10'08" EAST, CONTINUfNG ALONG SAID
WEST LINE. AND SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 2,946.92 FEET
• TO TNE F:�INT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
EXHIBIT "A"
PARCEL 31.10
� A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST
AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL L{MITS
OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING
MORE PARTtCULARLY DESCRIBED AS FOL�OW S:
COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF
SAID SECTION 35; THENCE SOUTH 87°56'04" EAST, ALONG THE EAST-WEST QUARTER
SECTION LINE, A DISTANCE OF 2,694.21 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A
RADIAL BEARING OF SOUTH 59°35'10" EAST, A RADIUS OF 2575.00 FEET, AND A
CENTRAI ANGLE OF 75°39'04". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT-OF-WAY
LINE OF CENTRAL BOUIEVARD AS DESCRIBED IN OFFICIAL RECORO BOOK 5104, PAGE
945 AND AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND A POINT ON A CURVE HAVING A RADIAL BEARING OF
SOUTH 54°26'S4" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF
8'04'22". THENCE PROCEED NORTHERLY AND EASTERLY ALONG THE ARC OF SAID
CURVE AND WEST RIGHT-OF-WAY LINE, A DISTANCE OF 546.64 FEET TO THE END OF
SAID CURVE; THENCE NORTH 43°37'28" EAST, A DISTANCE OF 373.82 FEET TO A
Ci1R'VE HAVfNG A RADIAL BEARING OF NOR7H 46°35'56" EAST, A RADIUS OF 1,669.35
FEE7, AND A CENTRAL ANGLE OF 92°02'08". THENCE PROCEED NORTHERLY ALONG
THE ARC OF SAID CURVE OEPARTING FROM SAID WEST RIGHT-OF-WAY LINE, A
DISTANCE OF 2,681.51 FEET TO THE END OF SAID CURVE TO THE EAST-WEST
QUARTER SECTION LINE; THENCE NORTH 87°56'04" WEST, ALONG SAID EAST-WEST
QUARTER SECTION LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL.
� PARCEL 31.11
A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST;
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECYION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE
?-95 AND THE EAST WEST QUARTER SECTION LINE IN SAID SECTION 35;THENCE
SOU7H 28' 00'21" EAST, ALONG THE WEST R1GHT-OF-WAY LINE, A DISTANCE OF 411.88
FEET TO A POINT ON A CURVE HAVING A RADIUS OF 24,688.05 FEET, AND A CENTRAL
ANGLE OF 2-22'34". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC
OF SAID CURVE AND WEST RIGHT-OF-WAY LINE. A DISTANCE OF 1,U23.84 FEET TO
THE END OF SAID CURVE AND THE NORTHWEST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 43-37'19" WEST, ALONG SAID CENTRAL BOULEVARD
R�GHT- OF-WAY LINE, A DISTANCE OF 362.91 FEET; THENCE SOUTH 40-34'08" WEST,
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 751.07 FEET; THENCE SOUTH
46-22'41" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE
SOUTH 43-37'28" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 407.16 FEET
TO A CURVE HAVING A RADIAL BEARING OF NORTH 46-35'S6" EAST, A RADIUS OF
1669.35 FEET, AND A CENTRAL ANGtE OF 92-02'OS". THENCE, DEPARTING SAID
RIGHT-OF-WAY LINE, PROCEED NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID
CURVE. A DISTANGE OF 2,681.51 FEET TO THE EAST-WEST QUARTER SECTION UNE;
THENCE SOUTH 87' S6' 03 EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF
210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
�
EXHIBIT "A"
LESS AND EXCEPT THE ADDITIONAL RIGHT-OF-WAY FOR INTERSTATE 95 CONVEYED
TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN OFFICIAL RECORDS
� BOOK 7481, PAG E 238.
CONTAINING 25,290,789 SQUARE FEET OR 580.60 ACRES, MORE OR LESS.
�
�
LI D B E R G L A N D EXHIBIT «A»
SURVEYING, INC. .
� 675 West fndiantown Road, Suite 200, Jupiter, Florida 33458
VOICE 561-746-8454 FAX 561-575-3735
LEGAL DESCRIPTION:
PARCEL 31.08 AND A PORTION OF PARCEL 31.12
A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, 70WNSHIP 41 SOUTH, RANGE 42
EAST, AND SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE
MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE
95 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP
SECTIOiV NO. 93220-2474 AND THE EAST R1GHT-OF-WAY LINE OF CENTRAL BOULEVARD
AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE ALONG SAID WEST RiGHT-OF-WAY LINE OF
1NTERSTATE 95. SOUTH 30'31'49" EAST, A DISTANCE OF 2307.46 FEET; THENCE
DEPARTlNG FROM SAID RIGHT-OF-WAY UNE, NORTH 88°21'18" WEST, A DISTANCE OF
2993.88 FEET TO THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AS
DESCRIBED I�1 OFFICIAL RECORD BOOK 5104, PAGE 945, PUBLIC RECORDS OF PALM
BEACH COUNTY, �LORIDA AND AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88, PUBLIC
RECORDS �F PALM BEACH COUNTY, FLORIDA AND A POINT ON A CURVE CONCAVE TO
THE SOUTHGAST, HAVING A RADIUS OF 3759.72 FEET AND FROM WHICH A RADIAL LINE
BEARS SOUTH 58�52'43° EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 12°30'11 ", A
DISTANC� C�� �?20.4� FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE
NORTH 43"'3 � 23" EAST, A DiSTANCE OF 780.99 FEET; THENCE CONTiNUE ALONG SA1D
�R1GHT-OF-VV.A`r LINE SOUTH 46°22'41" EAST, A DISTANCE OF 35.03 FEET; THENCE
COr�Tir!!JE A! 0�;�� SAiD RIGHT-OF-WAY LINE NORTH 46°10'00" EAS7, A DISTANCE OF
a�;o.a� rEET. TNFNCE CONTINUE ALONG SAID RIGHT-OF-WAY LiNE NORTH 51°13'00"
EaS;. r; Dis?�^10E 3o2_6s FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE
�iGRTH =�:� 3�" 1? EAST. A DISTANCE OF 287.60 FEET TO THE POINT OF BEGINNING OF
i Ht. HC=R: It`� !' =S"n^IBED PARCEL.
�:;�: f�iT�.i;_; °; _: �'�,)3 SQUARE FEET OR 70.52 ACRES. MORE OR LES5.
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�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 25, 2002
Meeting Date: December 19, 2002
Ordinance: 50, 2002
SubjecdAgenda Item:
Consideration of Ordinance 50, 2002, extending the expiration dates for approved
development orders for Planned Unit Developments, Parcels within Planned Community
Districts and site plans expiring prior to January 1, 2003 to December 31, 2003.
[X ] Recorr�mendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept: Costs: n/a Council Action:
City Attorney City Engineer Current FY [] Approved
Funding Source: [ ] Approved with
conditions
[ J Operating
[ ] Denied
[ ] Other
[ ] Continued to:
Submitted by: Advertised:
Date: 12/5ro2
City Engineer Attachments:
aper: pa�geachPosc gudgetAcct. #
[" Not Required Ordinance 50, 2002
Approved by:
�� Affected parties:
City Mana er
[ ] Notified
[ Xj Not Required
Date Prepared: November 25, 2002
Meeting Date: December 19, 2002
Ordinance: 50, 2002
BACKGROUND:
The City Code of Ordinances ailows for a project to anticipate and dictate a date for
completion. These dates are included in the traffic analysis for each parcel and become
codified in each development order as a"Build-Out" date.
The projects development order expires on the build-out date. Code requires a parcel
which will not be completed by the Build-Out date to update its traffic impact analysis and
request a time extension from the City Council. The time extension modifies the original
development o�der build-ou# date to a new date as requested provided there is still traffic
capacity on the effected coadways.
Currently the City is re-analyzing the 2000 PGA corridor study and updating it to reflect
reductions in traffic anticipated from voluntary density reductions and modified site
planning (soon to be known as the 2002 PGA CRALLS Restudy). It is difficult for staff to
effectively eva{uate new or updated tra�c impact analysis until such time as all the
CRALLS re-analysis is completed and some of the anticipated issues resolved.
This ordinance allows us the ability to complete the CRALLS re-analysis and then evaluate
updated project traffic impact analysis against the new corridor traffic numbers.
STAFF RECOMMENDATION:
Approval of Ordinance 50, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 50, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, EXTENDING THE EXPIRATION DATES FOR
APPROVED DEVELOPMENT ORDERS FOR PLANNED UNIT
DEVELOPMENTS, PARCELS WITHIN PLANNED COMMUNITY
DISTRICTS AND SITE PLANS EXPIRING PRIOR TO JANUARY 1, 2003
TO DECEMBER 31, 2003; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with section 78-61(c) of the City Code of Ordinances, the
expiration dates for development approvals for planned unit developments, parcels within
planned community districts, and site plans are governed by the build out period of the
development as referenced in the required traffic impact analysis; and
WHEREAS, section 78-61(fl of the City Code of Ordinances provides a procedure by
which the City Council may extend the time limit for a development order beyond the build
out date provided that the developer applies for such time extension and submits an
application which includes, among other things, an updated traffic impact analysis and a
narrative addressing the "good faith" efforts and progress of the developer; and
WHEREAS, PGA Boulevard is subject to a CRALLS (Constrained Roadway at Lower Level
of Service) designation; and
WHEREAS, the City and the development community have been engaged in a cooperate
effort to reduce the amount of trips generated by new development, to eliminate "ghost
trips," and to create a comprehensive solution to traffic congestion within the City,
particularly along PGA Boulevard; and
WHEREAS, the amount of trips allocated to PGA Boulevard is being examined to
determine whether additional capacity exists under the existing CRALLS and whether the
existing CRALLS designation should be amended to increase the capacity of PGA
Boulevard; and
WHEREAS, notwithstanding unresolved issues regarding capacity along PGA Boulevard,
developers who have been issued development orders which expire on December 31,
2002 will be required to submit updated traffic impact analyses as part of a time extension
request; and
WHEREAS, based on the updated traffic impact analyses, developers of approved projects
may not be able to proceed with development of the their parcels under the trip
generations as they exist today; and
WHEREAS, based upon the uncertainty regarding traffic capacity on PGA Boulevard, the
City Council determines it to be in the best interests of the residents and citizens of the City
of Palm Beach Gardens to extend the building out dates for approved, yet incomplete,
planned unit developments, parcels within planned community developments, and site
plans to December 31, 2003.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby extends the expiration date for all approved planned
unit developments, parcels within planned community districts, and site plans expiring prior
to January 1, 2003 to December 31, 2003. All such development orders shall be
automatically extended, thereby eliminating the need for the developer to apply for a time
extension in accordance with section 78-61(fl of the City Code of Ordinances.
SECTION 3: The City Council hereby directs City staff to initiate a modification to the City's
Land Development Regulations to more clearly define the "build out date" for approved
development orders. Such modification shall be presented to the City Council for first
reading in February 2003 and shall, to the extent feasible, include provisions for the
modification of project build out dates prior to the formal adoption of a development order.
SECTION 4: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 5: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 6: This Ordinance shall become effective upon adoption.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
-2-
2002.
2002.
day of , 2002.
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CP Win\HISTO RY�021121 Ak13F.174(319.062)Igr-doc337
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
LEONARD RUBIN
GTY ATTORNEY
AYE NAY ABSENT
-3-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 222, 2002
Subject/Agenda Item:
Resolution 222, 2002 — Consider approval of the Final Price Quote and Construction
Documents for the installation of an outdoor sculpture designed by Costas Varotsos to be
housed on City Hall grounds.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ 225.000.00 Council Action:
Angela Wong, Projects (Total)
Manager
City Attorne Community Services (] Approved
$ 0.00 [ ]Approved w/
Current FY conditions
Rec ation Division
Di�o'''l�.,, O. �„r [ } Denied
�IVUIYa.� 1V
C��s��� Advertised: N/A Funding Source: [] Continued to:
Finance Director Date: [ X] Operating Attachments:
Paper: [] Other • Resolution 222, 2002
• Exhibit A: Agreement
with Costas Varotsos
• Exhibit B: Final Price
Quote
• Exhibit B: Construction
Documents
Sub .'tted b :
[ X ] Not Required
Jac
Community S ice
Administrator
Department Director Affected parties Budget Acct.#: [] None
Approved by: [ X] Notified 017-1400-515.6300
Art Impact Capital
Improvements
City Manager [ ] Not required
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 222, 2002
BACKGROUND: On April 21, 2002, the City Council approved the execution of an
agreement with Costas Varotsos for the design, fabrication and installation of an art sculpture
to be located on City Hall grounds for the negotiated amount of $165,500, which included a
$75,000 artist fee and $90,500 for estimated xeimbursable expenses. As per the agreement,
the Artist is required to submit a Final Price Quote and Construction Documents to the City
for approval. If the Final Price Quote exceeds the maximum amount of reimbursable
expenses, the City may, in its desecration: a) negotiate a new maximum amount of
reimbursable costs with the Artist in accordance with the Final Price Quote; b) require the
Artist to redesign the project to reduce the Final Price Quote to the established maximum
amount of reimbursable costs; or c) abandon the project.
The Artist submitted a Final Price Quote in the amount of $225,000 to the City on December
2, 2002. Some of the factors for the increase include demolition of the existing concrete
half-circle and replacing it with a cement sidewalk, amendments to the construction
specifications, and an increase for architectural/engineering fees. In addition, costs for
installing a lighting system was not included in the original quote, which is estimated at an
amount not to exceed $14,776.
On December 5�`, the Art Task Force reviewed and approved for recommendation to the City
Council the Construction Documents and Final Price Quote, which represents a 27% project
Price increase from the original estimate. Funding in the amount of $300,000 was originally
budgeted in fiscal year 2001/2002 to allow for contingency because this art project was the
first of this magnitude. Therefore, monies are available in the Art Impact fund to include the
project increase. The project remains approximately $65,000 under budget.
STAFF RECOMMENDATION: Approve Resolution 222, 2002 approving the Final Price
Quote of $225, 000 and Construction Documents for an outdoor sculpture designed by
Costas Varotsos.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 222, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVfNG THE FfNAL PRiCE QUOTE AND
CONSTRUCTION DOCUMENTS FOR THE FABRICATION AND
INSTALLATION OF AN OUTDOOR SCULPTURE DESIGNED BY COSTAS
VAROTSOS; PROVIDING FOR C4NFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the enactment of Resolution 20, 2002, the City Council approved an
Agreement between the City and Costas Varotsos ("Artist") for the design, fabrication, and
installation of an outdoor sculpture to be housed on City Hall grounds, which is attached
hereto and incorporated herein as Exhibit "A"; and
WHEREAS, as required by the Agreement, the City is required to approve a Final Price
Quote along with Construction Documents submitted by the Artist; and
WHEREAS, the City is in receipt of a Final Price Quote for $225,00 and the Construction
Documents from the Artist and desires to approve these items as received; and
W HEREAS, the City Council finds the adoption of this Resolution to be in the best interests
of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNGIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the
Final Price Quote in the amount of $225,000, a scheduled of which is attached here as
Exhibit "B", and the Construction Documents, a copy of which is attached hereto as Exhibit
"C", both of which are incorporated herein by reference.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shail not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTfFY that I have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VIGE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Reso{ution: 222, 2002
EXHIBIT A
AGREEMENT WITH COSTAS VAROTSOS
AGREEMENT
THIS AGREEMENT is made and entered by and between the City of Palm Beach
Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 33410 ("City") and Costas
Varotsos, c/o C. Grimaldis Ga11ery, 523 North Charles Street, Baltimore, MD 21201
("Artist") for the design, fabrication, and installation of outdoor Sculptural Elements
("Sculpture") to be housed on City Hall grounds, Iocated at 10500 North Military Trail within
the City ("Site").
WITNESSETH:
WHEREAS, Artist completed the Schematic Proposal pursuant to the Agreement
for Schematic Proposal effective September 13, 2001, a copy of which is attached hereto
as Exhibit "A;" and
WHEREAS, on December 17, 2001, the City's Municipal Complex Art Task Force
accepted the Schematic Proposal of the Artist on behalf of the City; and
WHEREAS, the parties wish to enter into this Agreement for the Phase 2: Design
` Development Fabrication, and Phase 3: Shipping and Installation of the Sculpture.
NOW, THEREFORE, in consideration of the mutual representations and obligations
herein contained the parties agree as follows:
Article 1. SCOPE OF PROJECT
1.1 Phase 2: Design Deve/opment. The Artist shall perForm all services and furnish all
supplies, material and equipment as necessary for the design, execution,
fabrication, transportation and installation of the Sculpture at the Site.
1.1.1 Structural and Design Review. On or before sixty (60) days after the
execution of the Agreement, the Artist shaU prepare and submit to the City
for review Construction Documents ("CD"), which shall include a site plan
that complies with all required setbacks and other City code requirements in
addition to detailed specifications and drawings of the Sculpture, including
the foundation, by a structural engineer licensed in the State of Florida. The
detailed working plans, specifications, and drawings shall include a
demolition plan detailing any changes to the c�rrent landscape plan.
Artist shall include in the design any lighting plans or specifications (e.g.,
fiber optics), including a cost estimate for the lighting construction work.
Instructions for the appropriate maintenance and preservation of Sculpture
shal! be submitted with the Construction Documents. On or before fourteen
(14) days after receipt of the CD, the City shall review the working plans,
specifications, and drawings of the Sculpture and advise the Artist in writing
de
whether said plans, specifications, and drawings, including the lighting plans
and the cost thereof, are acceptable to the City as submitted.
The Artist shall submit a Final Cost Quote for the proposal set forth in the CD
concurrently with the CD package. If the Final Cost Quote exceeds the
maximum amount of reimbursable costs set forth in section 2.2, the City
may, in its discretion: (a) negotiate a new maximum amount of reimbursable
costs with the Artist in accordance with the Final Cost Quote; (b) require the
Artist to redesign the project to reduce Final Cost Quote to the established
maximum amount of reimbursable costs set forth in section 2.2; or (c)
abandon the project.
If the Construction Documents, specifications, and drawings, or any part
thereof are not acceptable to the City, the City shall so advise the Artist in
writing. Thereafter, at not cost to the City, the Artist shall revise the detailed
working plans, specifications, and drawings so as to meet the criteria of the
City, who, acting in good faith, shall promptly review the revised detailed
documents.
Artist shall also produce and submit to the City such additional relevant
information, graphic, non-graphic, and/or descriptive of the Sculpture and/or
the Site as is reasonably requested by the City.
1.1.2 Execution of the Sculpture. After the City accepts and approves the detailed
Construction Documents, specifications, and drawings of the Sculpture and
Site, Artist shall furnish to the City in writing a proposed schedule for
fabricating, transporting, and installing the Sculpture. The City shall advise
Artist in writing if said proposed schedule is acceptable within seven (7� days
after receiving the proposed schedule. If the proposed schedule is not
acceptable to the City, Artist and the City shall discuss the City's objection(s)
to the proposed scMedule, and the proposed schedule shall be revised so
that it is acceptable to the City. The City's acceptance of the proposed
schedule sha!! be in writing and shall be made in good faith. After written
acceptance of the schedule by the City, the schedule may only be amended
by written agreement befinreen Artist and the City.
Upon receipt of the City's written acceptance of the schedule for fabricating
the Sculpture, Artist shaff fabricate the Sculpture pursuant to the agreed
upon schedule and in conformitywith the plans, specifications, and drawings
that were accepted and approved by the City. Artist shall not materially
deviate from the p{ans, specifications, and drawings that were accepted and
approved by the City without the prior written authorization from the City.
During the fabrication of the Sculpture, the City and any representatives
thereof shall have the right to inspect the Sculpture at reasonable times.
-2-
)
1.2 Phase 3: Delivery and Installation. The Artist shall notify the City in writing forty-five
(45) days prior to the time the Sculpture is completed and is ready for delivery and
installation at the Site. The City or one of its representatives, at the City's
discretion, shall upon reasonable notice to the Artist inspect the Sculpture before
delivery to the Site. Upon written acceptance by the City, the Artist shall coordinate,
deliver and install the Sculpture on site, including the construction of the foundation
for the Sculpture.
1.3 Post-Installation. The Artist shall be available to attend any inauguration or
presentation ceremonies relating to the Sculpture at the Site, provided such
ceremony occurs no later than one (1) day after installation is complete.
1.4 Final Acceptance. Within seven (7) days after the Sculpture is installed at the Site,
the City shall advise Artist in writing whether the Sculpture as installed is
acceptable. "Final Acceptance" of the Sculpture by the City shall occur when the
City advises Artist in writing that the Sculpture is acceptable. Title to the Sculpture
shall pass from Artist to the City, subject to the provisions of Articles 6 and 7 herein,
when the City notifies Artist that the Sculpture is acceptable. Final acceptance shall
not be withheld if the sculpture conforms to the plans and specifications in the
Construction Documents.
1.5 The Ownership ofDocuments, Models. Upon Final Acceptance of the Sculpture by
the City, the Artist shall grant to the City title to the Schematic Proposal, models,
drawings, digital images, and video.
Article 2. COMPENSATION AND PAYMENT SCHEDULE.
2.1 The City shall pay to Artist a fee in the amount of $75,000, inclusive of any gallery
commission. This Artist fee shall be payable as follows:
2.1.1 Preliminary Design Proposal. The City has paid the Artist an initial fee of
$3,000 for Phase 1: Schematic Proposal. This initial fee may be retained by
the Artist and no part of it shall be refunded.
2.1.2 Phase 2: Design Development. Upon execution of this Agreement, the City
shall pay the Artist the sum of $8,500, less the $3,000 previously paid, for a
total of $5,500. All payments are to be made within thirty (30) days from
receipt of invoice.
2.1.3 Consfrucfion Documents and Cost Quotes Approval. Upon City's approval
of the Construction Documents and Final Price Quote, the City shall pay the
Artist the sum of $16,500. All payments are to be made within thirty (30)
days from receipt of invoice.
-3-
� V
2.1.4 Fabrication. The City shall pay the Artist the sum of $10,000 at such point
in the fabrication of the component materials of the Sculpture whereby such
components can be inspected by the City for their conformity to the
specifications as set forth in the Construction Documents.
2.1.5 Phase 3: Shipment and Execution of the Sculpture and Installation. The City
shall pay Artist a final payment of $40,000 after final fabrication and
installation of the Sculpture on the Site when it notifies the Artist that the
Sculpture is in conformity with the CD plans, specifications and drawings
previously approved by the City.
2.2 The City shall reimburse Artist for all costs incurred in Design Development,
Execution, and Delivery and Installation in a total amount not to exceed $90,500,
or such other amount negotiated and approved by the City after submission of the
CD and Final Cost Quote. The Artist's original cost estimate is attached hereto as
Exhibit "B" and incorporated herein by reference.
2.2.1 Reimbursable costs shall include the cost of materials (glass, steel and
paint), in addition to engineering fees, the cost of constructing the
foundation, and the cost of installation.
2.2.2 Artist shall obtain at least two documented bids for all reimbursable costs.
The City may waive this requirement if Artist can demonstrate that the
necessary materials or services are only available from a sole source.
2.2.3 The City shall reimburse Artist for the costs outlined in this section upon
submission of detailed invoices substantiating such costs, along with written
documentation that Artist received more than one bid, unless such
requirement has been waived by the City. Such requests for reimbursement
shall be submitted with invoices for payment of the Artists fee as detailed in
section 2.1 above.
2.2.4 The cost of lighting construction for the Sculpture shall be considered a
reimbursable cost. All lighting costs shall be reviewed and accepted by the
City as provided in section 1.1.1. Once agreed upon by the City and the
Artist, lighting costs shall be treated in the same manner as all other
reimbursable costs.
2.3 Reimbursable Payment Schedule. Reimbursable costs shall be paid in accordance
with the amount established in section 2.2.
2.3.1 Upon Approval by the City of the CD and Final Cost Quote, the City shall
advance the Artist one-third (1/3) of the total amount of reimbursable costs
approved by the City ("Advance Payment"). Receipts for the Advance
Payment shall be submitted to the City on a monthly basis.
-4-
1
2.3.2 After the receipts have satisfied the Advance Payment, the Artist shall submif
receipts and invoices to the City for such costs not to exceed the total
amount of reimbursable costs. The City shall pay all invoices within thirty
(30) days of receipt.
2.4 Taxes. Any and all taxes, including but not limited to, sales, use, or excise taxes,
and any and all similar charges relating to the Sculpture and any services and
materials provided by Artist shall be paid by the Artist. The City, being a tax-exempt
entity, shall not pay any sales tax incurred by the Artist.
2.5 Artist's Expenses. The Artist shall be solely responsible for the payment of
expenses incurred in making submissions to the City and all travel expenses
incurred by the Artist and the Artist's agents and employees in performing the
services required under this Agreement.
2.6 Artist's Agent. C. Grimaldis Galtery shall act as Agent for the Artist with respect to
all payments made by the City. Payment to the Artist's agent shall be considered
payment to the Artist pursuant to the terms of this Agreement.
Article 3. TIME OF PERFORMANCE.
3.1 Early Completion ofArtist Services. The Artist shall be solely responsible for any
and all transportation and storage costs resulting from the completion of his services
hereunder prior to the time agreed upon for installation of the Sculpture.
Article 4. WARRANTIES.
4.1 Warranties of Title. The Artist represents and warrants that: (a) the Sculpture is
solely the result of the artistic effort of the Artist; (b) the Sculpture is unique and
original and does not infringe upon any patents or copyrights; (c) that the Sculpture,
or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the
Sculpture is free and clear of any liens from any source whatever.
4.2 Warranties of Quality and Condition. The Artist represents and warrants that: (a)
the execution and fabrication of the Sculpture will be performed in a professional
manner; (b) the Sculpture, as fabricated and installed will be free of defects in
material and workmanship, including any defects consisting of "inherent vice",
qualities which cause or accelerate deterioration of the Sculpture, or gross
negligence in the material structure or installation methods of the Sculpture; and (c)
maintenance of the Sculpture will not require procedures otherthan those described
in the detailed plans, specifications, and drawings thatwere accepted and approved
by the City.
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Article 5. RISK OF LOSS, INSURANCE AND INDEMNITY.
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5.1 Risk of loss. The Risk of Loss or damage by any cause or any reason to the
Sculpture shall be borne by the Artist until Final Acceptance and the Artist shall take
steps such as is necessary to protect the Sculpture from loss or damage until Final
Acceptance.
5.2 Artist's Life Insurance and Disability. From the date of this Agreement until final
installation, the Artist shall at his expense carry life and disability insurance in favor
of the City (and deliver evidence of such coverage to the City) in such an amount
as shall be sufficient to reimburse the City for the actual amounts paid to the Artist
from time to time prior to his death or disability.
5.3 The City's Responsibility. The City's acceptance of responsibility for the Sculpture
shall occur concurrently with the City's Final Acceptance of the Sculpture pursuant
to Paragraph 1.4. Notwithstanding the foregoing, the City's responsibility shall not
include that which is warranted by the Artist in Paragraph 4.2 and shall not be
deemed to be a waiver of the warranties provided therein.
5.4 Artist Indemnity. The Artist shall indemnify, protect, and save harmless the City,
and all of its respective members, agents, officials, and employees from and against
all injuries, deaths, loss, damages, claims, patents claims, suits, judgments, costs
and expenses, including attorney's fees, which may in any way accrue against said
entity or individuals, including any damage to property or buildings, relating to the
work to be performed, or being performed, pursuant to this Agreement.
Article 6. REPRODUCTION RIGHTS.
6.1 General. The Artist retains all rights under the U.S. Copyright Act, 17 U.S.C. 101
et seq., as amended, and all other rights in and to the Sculpture except ownership
and possession and except as such rights are limited by this Section 6.1. In view
of the intention that the Sculpture in its final dimension shall be unique, the Artist
shall not make any additional exact duplicate, [three]- dimensional reproductions of
the final Sculpture, nor shall the Artist grant permission to others to do so except
with the written permission of the City. The Artist grants to the City and its assigns
an irrevocable and royalty free license to make two-dimensional reproductions of
the Sculpture for non-commercial purposes, including but not limited to
reproductions used in advertising, brochures, media publicity, and catalogues or
other similar publications.
6.2 Notice. All reproductions of the Sculpture by the City shall contain a credit to the
Artist and a copyright notice substantially in the following form:
O ARTIST NAME, date of publication.
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6.3 Credit to City. The Artist shail use his best efforts to give a credit reading
substantially, "work owned and commissioned by the City of Palm Beach Gardens,"
in ar►y public showing under the Artist's control of reproductions of the Sculpture.
Article 7. ARTIST'S RIGHTS.
7.1 Idenfi�cation. The Artist shall design, prepare, and install at the Site, pursuant to
the written instructions and prior written approval of the City, a plaque identifying the
Artist, the title of the Sculpture and the year of completion. The cost of fabrication
and installation shall be treated as a Reimbursable Cost as defined in section 2.2.
7.2 Maintenance. The City recognizes that maintenance of the Sculpture on a regular
basis is essential to the integrity of the Sculpture. The City shall reasonably assure
that the Sculpture is properly maintained and protected as specified in the detailed
working plans, specifications, and drawings accepted and approved by the City.
The Artist represents that the Sculpture has been designed, fabricated, and
installed to accommodate the routine annual cost of the Maintenance as set forth
in the detailed working plans, specifications and drawings.
7.3 Repairs and Restoration.
7.3.1 The City shall have the right to determine, after consultation with a
professional conservator, when and if repairs and restorations to the
Sculpture will be made. During the Artist's lifetime and competency, the
Artist shall have the right to approve all repairs and restorations, provided,
however, that the Artist shall not unreasonably withhold approval for any
repair or restoration of the Sculpture. If the Artist unreasonably fails to
approve any repair or restoration of the Sculpture, the City shall have the
right to make such repair or restoration. At the City's discretion and to the
extent practical, the Artist, during the Artist's lifetime and competence, shall
be given the opportunity to make or personally supervise significant repairs
and restorations and shall be paid a reasonable fee for any such services,
provided that the City and the Artist shall agree in writing, prior to the
commencement of any significant repairs or restorations, upon the Artist's
fee for such services.
7.3.2 All repairs and restorations shall be made in accordance with recognized
principles of conservation.
7.3.3 If work is required due to breach of warranties by the Artist within finro (2)
years after Final Acceptance, the Artist shall correct same, at his expense.
7:4 Permanent Record. The City shall maintain on permanent file a record of this
Agreement and of the location and disposition of the Sculpture.
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7.5 Artist's Address. The Artist shall notify the City of changes in his address. The
failure to do so, if such failure prevents the City from locating the Artist, shall be
deemed to be a waiver by the Artist of the right subsequently to enforce those
provisions in this Agreement that require the express approval of the Artist.
Nofinrithstanding this provision, the City shall make every reasonable effort to locate
the Artist when matters arise relating to the Artist's rights, including notifying the
Artist's agent.
7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall
be binding upon and inure to the benefit of the parties, their heirs, legatees,
executors, administrators, assigns, transferees and all their successors in interest,
and the City's obligations attach and run with the Sculpture and shall be binding to
and until ten (10) years after the death of the Artist. However, the obligations
imposed upon the City by Section 7.3.1 shall terminate on the death or
incompetence of the Artist. The City shall give any subsequent owner of the
Sculpture notice in writing of the covenants herein, and shall cause each such
owner to be bound thereby.
Article 8. ARTIST AS INDEPENDENT CONTRACTOR.
8.1 The Artist shall perform all work under this Agreement as an independent contractor
and not as an agent or an employee of the City and shall indemnify and hold the
City, and all of its respective members, agents, officers, and employees harmless
from any loss, damage, and expenses, including reasonable attorney's fees, arising
from any claim by any person or entity that the Artist did not act as an Independent
Contractor.
Article 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING.
9.1 Assignment or Transfer of Interest. Neither the City nor the Artist shall assign or
transfer an interest in this Agreement without the prior written consent of the other.
Article 10. TERMINATION.
10.1 If either party to this Ag�eement shall fail to fulfill in a timely and proper manner, or
otherwise violate, any of the covenants, agreements or stipulations of this
Agreement, the other party shall thereupon have the right to terminate this
Agreement by giving written notice to the defaulting party of its intent to terminate,
specifying the grounds for termination. The defaulting party shall have thirty (30)
days after receipt of the notice to cure the default. If it is not cured, then this
Agreement shall terminate.
10.2 In the event of default by the City, the City shall promptly compensate the Artist for
services perFormed by the Artist prior to termination. In the event the City questions
the reasonableness of the cost of services performed, Mr. Joe{ Straus (J.S.
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Consulting, 1404 West Thorndale, Chicago, IL 60660) will determine "reasonable
costs" which shall be paid.
10,3 In the event of default by the Artist, all finished and unfinished drawings, sketches,
photographs, and other work products prepared and submitted or prepared for
submission by the Artist under this Agreement shall at the City's option become its
property provided that no right to fabricate or execute the Sculpture shall pass to the
City. The Artist shall not be relieved of liability to the City for damages sustained by
the City by virtue of any breach of this Agreement.by the Artist, and the City may
reasonably withhold payments to the Artist until such time the exact amount of such
damages due the City from the Artist is determined.
Article 11. CONTRACT ADMINISTRATOR.
11.1 The ContractAdministratorforthis Agreement shall be the City Manager. Wherever
this Agreement requires any notice to be given to or by the City, or any
determination or action to be made by the City, the City Manager shall represent
and act for the City.
Article 12. COMPLIANCE.
12.1 The Artist shall be required to comply with Federal, State and City law, statutes,
ordinances and regutations applicabfe to the performance of the Artist's obligation
under this Agreement.
Article 13. ENTIRE AGREEMENT - AGREEMENT WITH THE CITY.
13.1 This writing embodies the entire agreement and understanding between the parties
hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded
hereby.
Article 14. MODIFICATION.
14.1 No alteration, change or modification of the terms of this Agreement shall be valid
unless made in writing and signed by all parties hereto and approved by appropriate
action of the City.
Article 15. WAIVER.
15.1 No waiver of perFormance by either party shall be construed as or operate as a
waiver of any subsequent default of any terms, covenants or conditions of this
Agreement. The payment or acceptance of fees for any period after a default shall
not be deemed a waiver of any right or acceptance of defective performance.
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Article 16. GOVERNING LAW.
16.1 This Agreement, regardless of where executed or performed, shall be governed by
and construed in accordance with the substantive laws of the State of Florida.
Article 17. HEIRS AND ASSIGNS.
17.1 This Agreement shall be binding upon and shall inure to the benefit of the City and
the Artist and their respective heirs, personal representatives, successors and
permitted assigns.
Article 18. ARBITRATION.
18.1 All disputes or controversies that may arise between the parties with respect to the
performance, obligations or rights of the parties under this Agreement shall be
settled by binding arbitration to be held in Palm Beach County, Florida, in
accordance with the then current Rules of Commercial Arbitration of the American
Arbitration Association.
18.2 The_dispute shall be referred to a panel of three arbitrators, one to be selected by
the Artist, one to be selected by the City and the third to be selected by the first two.
If an agreement on the third arbitrator cannot be reached within thirty (30) days after
the appointment of the second arbitrator, such arbitrator shall be appointed by Joel
Straus.
18.3 The decision and award of the arbitrators, or that of any two of them, shall be final
and binding on the parties, and judgment may be entered upon it in any court
having jurisdiction thereof.
Article 19. NOTICES.
19.1 All notices, requests, demands and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given upon the delivery, if delivered personally, or if sent US
Postal Service by placing into a US Postal Service Depository and sent by
registered or certified mail, return receipt requested, postage prepaid as follows:
If to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Ronald Ferris, City Manager
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COpy t0:
Leonard G. Rubin, City Attorney
Watterson, Hyland & Klett, P.A.
4100 RCA Boulevard, Suite 100
Palm Beach Gardens, Florida 33410
If to the Artist:
Costas Varotsos
Koritsas 42
Athens 17455 GREECE
Copy to:
Artist's Agent
C. Grimaldis Gallery
523 N. Charles Street
Baltimore, Maryland 21201
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
(Remainder of page intentionally left blank — signatures on next page]
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Attest:
, City Clerk
R�kn4� �,.�d�.
Approved as to Form:
Leonard G. Rubin, City Attorney
Wit se by:
CITY OF
Flor' a mun
By:
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BEACH GARDENS, a
�r�oration
Date: o�- �Y -�-
ARTIST:
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Costas Varotsos
Date: � -�/ - 2-� Z
P:\CPWin\HIS RY�020115A�43F.DC(319.062)Igr-doc192
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EXHIBIT A , j
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'�` AGREEMENT FOR CREATION OF SCHEMATIC PROPOSAL
THIS AGREEMENT is made and entered by and between the City of Palm Beach
Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 33410 ("Citj�') and Costas
Varotsos, Koritsas 42, Athens 17455 GREECE ("Artist").
WlTNESSETH:
WHEREAS, working in conjunction with Joel Straus Consulting, the City's Art
Consultant, the Municipal Complex Art Task Force has recommended retaining Artist to
prepare a design for artwork to be located on the City Hal� grounds, located at 10500 North
Military Trail within the City ("Site").
NOW, THEREFORE, in consideration ofi the mutual representations and obligations
herein contained the parties agree as follows:
Proiect Descripfion
A. The Projeet shall consist of three phases: Phase 1: Schematic Proposal;
Phase 2: Design Implementation; and Phase 3: Shipping and Installation of the Sculpture.
B. The Artist shall design a Schematic Proposal for approval by the City.
C. Artist shali design, fiabricate, ship, and instail a site-specific, outdoor sculpture
or series of sculptura{ elements ("Sculpturen} to be installed on the Site as designated on
Appendix 1. The Sculpture shall be designed specifically for, and integrated into, the
existing Site and shall comply with all wind, storm and other city, county and state
specifications pe�taining to outdoor construction.
D. _ The ful! scale Sculpture realized from the design concept of the Schematic
Proposal shall have a total budget not to exceed $100,000, ("Project Budget"). The Project
Budget is inclusive of all artwork design fees, fabrication of the Sculptural Elements,
insurance requirements, all travel costs, shipping, crating, and installation and all other
costs associated with the implementation of the Schematic Proposal, unless otherwise
specifically excluded in writing. The Project Budget is al{ocated accordingly: Phase 1: 2
payments, Phase 2: two payments less $3,000 for Phase 1, and Phase 3: one payment
after installation and acceptance by the City.
E. The Artist shall be responsible for hiring and paying for a stru�tural eng+neer,
licensed in Florida, to design the connections and permanent foundation systems for
support of the Sculpture. The installation and costs of all connections systems to the
foundation for the Sculpture shall be the Artist's responsibility.
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`' F. The Cify shail grant a$5,000 aliowance for the cost of the construction of the
foundations for the Sculpture. The Artist shall be the sole responsible party for the
complete design and instaHation of the Scufpture, and its foundations.
2. Schematic Proposal
The Artist shaf{ create a Schematic Proposa! for the Site in a mutually agreed upon
format (model, drawing, video, etc.) which sha{I consist of: (1) the design intent, the
approximate proportions and size of the Sculpture, and the materiafs used; (2) a projected
budget of itemized costs including fabrication, installation, fees, travel expenses, insurance
and any delivery charges to the Site (°Proposal Fee"); and (3) the length of time to
complete the Project. The Artist shall provide a detailed and explicit description of any
specia! equipmeni, methods, and changes to the Site that will be necessary for the
impfementation of the Project. All visits to the Site deemed necessary by the Artist shaH be
included in the Proposal Fee. The date fior completion, preseniation and delivery ofi the
Schematic Proposal is to be mutually agreed upon by the parties, but no later than
November 15, 2001.
3. Pavment
For Phase 1: Schematic Proposal, the City shall pay the Artist an initial sum of tw�o
thousand dollars ($2,000} upon execution of this Agreement by both parties. The City shall
pay the Artist an additional one thousand dollars ($1,000) upon delivery and presentation
of the Schematic Proposal to the City by the agreed date of completion.
4. Authorizaiion
There is no agreement, either express or implied, that the City shall issue to the
Artist a Notice to Proceed to Phase 2: Design Implementatian of the Project or for any
other phase. If the City accepts the Schematic Proposal, the City shall enter into a
Contract with the Artist to continue to the next phase of the Project. Completion of the
Project shall be on a mutually agreed upon schedule and shall stipulate the approved
funds for each particular phase.
5. Intellectua! Prot�ertv Riqhts
1f the City accepts the Schematic Proposal, the Artist shall grant to the City title to
the Schematic Proposal, models, drawings, digital images, and video, in addition to a non-
exclusive royalty-free license to reproduce analogue and digital images of the Schematic
Proposal for advertising and publicity purposes vnly.
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` ' 6. Miscellaneous Provisions
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A. This Agreement constitutes the entire understanding and agreement between
the parties with respect to the subject matter hereof.
B. All of the terms and provisions of this Agreement, whether so expressed or
not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and
their respective legal representatives, successors, and permitted assigns.
C. 1f any part of this Agreement is contrary to, prohibited by or deemed inva{id
under applicable law or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invafid, but the remainder hereof sha{I not
be invalidated thereby and shall be given full force and effect so far as possible.
D. This Agreement and all transactions contemplated by this Agreement shall be
govemed by, and construed and enforced in accordance with, the iaws of tt�e State of
Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in
connection herewith shait iie exclusively in Palm Beach County, Fforida, and each party
hereby waives whatever its respective rights may have been in the selection of venue.
E. This Agreement may not be modified unless such modification is set forth in
wrifing and signed by both parties.
F. This Agreement may not be assigned without the prior written consent of all
parties to this Agreement.
G. It is hereby understood and agreed that in the event any lawsuit in the judicial
system, federai or state, is brought to enforce compliance with this Agreement or interpret
same, or if any administra#ive proceeding is brought for the same purpases, the non-
prevailing party shall pay to the prevailing party reasonable attomey's fees and costs,
including appellate fees and costs.
H. The effective date of this Agreement shall be as of the date it has been
executed by ali the parties hereto.
(The r�mainder of this page inien�onal/y left blankJ
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'' IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
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Attest:
Carol Goid, ty Cierk
Approved as to Form:
Leonard G. Rubin, City Attorney
Witnessed by: ARTIST:
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Costas Varotsos
Date: 9'./,7��.,�
P:\CPWin\HI STORY1010821A143F.83(319.062)I gr-doc152
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Varotsos Project Estimate
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Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 222, 2002
EXHIBIT B
FINAL PRICE QUOTE - COSTAS VAROTSOS
�j�$�� Varotsos Sculpture Budget
12/9/2002
Item Original WD Variance % Variance Notes
Glass $16,900.00 $29,322.00 $12,422.00 42% Original glass estimate calculation based on a thinner glass
Acceptable variance- structural design changes increase to 1/4 gage of one
Steel Fabrication $26,000.00 $29,000.00 $3,000.00 10% elemenf
Paint $6,000.00 $8,500.00 $2,500,00 29% City request for 3rd paint coating
Architect drawings 2,753.87/ engineering $6,797.20 Variance significantly
Architectural/ Engineering $2,500.00 $9,551.07 $7,051.07 74% higher caused by major structural design changes
City had given a$5,000 allowance in addition to $10,000 originally budgeted.
Foundation $10,000.00 $21,500.00 $11,500.00 53% Increase due to sidewalk changes
10123IO2 est.- $21,500. $5,000 increase or 19% due to paint contractor
Installation $19,000.00 $26,500.00 $7,500.00 28% performing installation.
Contingency $4,000.00 $4,000.00 $0.00 0%
Subtotal $84,400.00 $128,373.07 $43,973.07 34%
Allotted in Contracf $90,000.00 $128,373.07 $38,373.07 30%
Lighting System $0.00 $14,776.93 $14,776.93 100% Plan still underway
Demolition $0.00 $0.00 $0.00 City will let out contract.
Landscaping (City) $0.00 $6,850.00 $6,850.00 100% no original estimate
Artist Fees $75,000.00 $75,000.00 $0.00 0%
Total $165,000.00 $225,000.00 $60,000.00 27%
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C.Gf�IM/�LDIS G/�LLERY
Varotsos Sculpture Project
Revised Estimate 12-02-02
Steel Fabrication:
Steel element "A" 3/8" gauge
Steel element "B" 1 /4" gauge
Structural studies required the extra
strength where the glass level reaches the
higher level of 2.8 meters (Steel element A)
Gtass•
2,700 pieces of 84" x 8" x 1/4". With seemed
edges.
Installation•
Price to include crane and rigging equipment,
field welding and grinding, and all necessary full
penetratian welds. It includes 4 workers for two
weeks for glass installation, as well as silicone
for the glass installation.
Paint•
Blast and paint 3 coats dark gray (artist's
specification) with matte, urethane epoxy. Includes
on site painting of welds and general touch up.
This price includes freight from fabricator to job
site.
Engineerin� Fees:
We have already paid to Nalywajko and
Associates $5,742.50 for the following invoices:
523 N. CHARLES STREET
BALTIMORE, MARYLAND 21201
410-539-1080,1092
FAX 410-539-2229
Revised Estimate
$ 29,000.00
50% deposit required with
order for fabrication
$ 29,322.00
50% deposit required upon
ordering
$ 26,500.00
50% deposit required
$ 8,500.00
50% deposit required
$ 6,797.20
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$875.00 on 12-31-01, $2,312.50 on 9-30-02
$2,555.00 on 10-31-02. Open invoice 11-30-02
for $1,054.70
Site Plan Architectural Fees:
Already invoiced_
Foundation•
Includes sculpture footings and new
sidewalk. Price does not provide for
demolition of existing structures.
Subtotal Costs•
Artist's Fee:
Total for Project:
Additional Costs: (Not pertaining to the scul,pture directly�
Landscaping costs (provided by the Parks
Dept. City of Palm Beach Gardens)
$ 2,753.87
$ 21,500.00
$124,373.07
$ 75,000.00
$199,373.07
$ 6,850.00
Date Prepared: December 6, 2002
Meeting Date: December 19, 2002
Resolution: 222, 2002
EXHIBIT C
CONSTRUCTION DOCUMENTS
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DuPo�t i-%�gh PerFonrnance Gaatings
T� o-package alphatic pdyurethar�e
ORSO�iptlon:
FlytRpM 333 P4ly�rethane iA e hi so1Ms, iwu•
paqka�. VOC Cantofm+t�ptoduc�COnslstir� a1 e
pigmente6 enamsl (c0aed 333co�or) whlch �s �yeseU
on patenteC puPont reain tec:h�alo�y 8nd an
isocyanete activetor (VQ�6005j. tt is an extremsly
durable finish havin outstuft�ing gloss And ca�cu
retentioR. IMFiON'�3� hes excellerrt initi&t�tass as
w�lt as outatendin0 abrABlon M8latanCe andflt►xlb�►ity.
It� chemica! re�ietands Is autstanding, 4DP Is the
cuscam color varsio� o� iMF:ON� 333.
8uggsstsd Us��:
• harah chemicel � B�dges
environrnenls � Offshore struCtur��s
• HAre� marine � Rowe� piants
environrnenta • diroct to eged
• Chemlr�l pla�t8 �aivars�zecf or irsltted
+ Oii r�Hneries afum�nurn
• Paper mills
Not R�corntrwnd�d �M:
�mmsrs�on servics
Compstibllky Wilh Othsr COlitkt _—___.,
Can be �ppfie0 �ireCtiy �over �RLAR" 823 rs� 825
9@f(e8 apoxl@s,1MRON� pritt�ib!, DuPOflt 2�fr,
QuPont 681 Fp Arimer or puPoM industridl acrytic
emu�sion, For sa�e of topeoaUn�j, a 51mil�tr, out �eot
�dernfcst, caloted p�im�sr �s supq�ted• Csn t�0
appiiecS over OANIC�N' inorqanic zinc if e t�► c�oa1 is
uaed. Othvr �uPcr�t e�+�yd tinighes eCfq prMsrs �nust
� Cuted b�fote topootitit�. MAy be itseA o�'or r�l8rly
04� Nnishes efter b8ling for tlfhtn� of aid fin�sh. May
be a�ppli�d v+�w itzsN with� add;nuna; surf�aca
P►aD�rsUon,
Dry Fltn► Charae3��l�tics: � �
Acios-Excellent' Solvent9-Very poc•ci
Alkeltes•-Exeelisnt Cotor & {iioss
Humidity�-Excetlen� Rsterttior�-ExoeiVent
Salts-Exr�!Isnt J1b+e�slnn 6 Mechar►ical
Weather-Excellent Rbuae-Excellent
` 9e� nCdrtwrlel CofnmerUS �t3.
� Mazlmurn 5rnricv T�mpiMStun:
2p0°F 93°C) i� Conhnuaua Senr�ce
300°F �148°C} in inte�rnitt�rn hewt
; Son�a yelbMring ot �iph! colprs may accur a1
i eleveteq temPe+aturea.
high solida polyuretha�s enamels
Volum� Solids (1�llx�clj:
83°�a wt�4e end light tint9
rww4t�i saias ��x�a): ._ _....__
7a°io White as►d li�ht Nnts
we1�h: P« cia��wt (1N�xea>: - ...� _
10,4 tb. wFwta �nd t'y�ht tints
4.7 Kg. white arid liph! tints
YWatlFe Oryanic �om�1Ou�d (YOC) T'haoretical: .-�
kess thpn 2.81bs./gai avg.
►ess ihan 328 9rema/liter avg.
Sup� stW F1►m ThicK�ess:
2=9 mils (54-T5 µm) wet
1.5-2 rnifa (37-50 µm1 dry
Cowrps P�r Gallon:* -.-_.._._._..._..__.�.�
'Ci0 tf' (2a.7 m'ILf � t mil
6731t? (t8.$ rtt2/tj � 3 &f
suggested dry fum tfi+ckness of ?.5 mils
'Me�vri�t btc�i Ourinp mfx(np eni appliC�Gon will •rsry pnd mus:
pp tWcpn in!o Co�+3lderetlol� whon e5:imbtinq )Gb n4uh+rt±M�e•
O toss;
>90 � 60'
Colors: '�` _r......._----------�—
Availsble in moat �nvironr.+er�tel cobrs and cuctom
coiors fvom ihe HPC Cofvr Seloctor,
�lash Point {tp qossd Cup):
$efw�n 70'-73°� (-6° to 23'CJ
Bh«ff Lit�:
12 mon!!ss rninirnum
Ap�sttaotion Thino�s�s:
Spray. 7�8805-Belaw 60°F,
Y•32401-Abov9 8�°F
BtUBh. Roil: Y•32401
potling Aclditive: R7002P
�
Ciaan-Iip Thipn�r�:
T•88o� Of a��iC
PacWtgln� _ � _._._.._.._..---_..._. _�..._--__..__..----_.
Enamr:� t'e (75°� fuA):
8'8 (cantu�nine 3 gall�ns)
A�tivator: Quarts and gallona
ShippinQ Wst�ht (Lbs): _.....-�_._____.--°.,".__.._....,, —_
Ensfruf Acdvaror
t gauon conta+ners-8 � quart..orn�:ner•-3
5 qallon canteiners-•32 � gelloi, con�alnFr-9
��: i���n„rN astNCe rccommw�O�UOn� mo M�v,oM v� �����o oy mr �wn� vet�� 7ha e.e 6rua �r acMKa� aa�e w�xrt qw 8eqa t+�+� w W��uobw. �oo e�•• omnaoo ia �w w p��e��+ rw�.,�p e.x�
a�,a �,ru.no» �t �nou awn auirxian aro ;ia� 7iNr �w.mr{ no nepe^pGIM �a r.auw otrerM o• A�re�es �mN�wa.r�van ys. oY P�p.� n.�a.a •, Gx Guan :.aarn��,e,oi�.>„� �a.•�•.rn� e,l+�•;�
pr ��nKes irY Roi le M IWn es t wa�tx b apM�t1 u+tFx Of ,m�nwe w a:aCeai v�n��pe+ns�i� v aryy e�,Ninp Wbn;
�. a: ..
. � .,
AQPLICAYION INS�'RUCTIONS
Surf�c� Prep�vstlon:
Plewiy pr+rned surie�ces shc�uld be claan a,nd dry. If
r.ontaminated, dstergBnUwater wash, tnen b+vw Ory.
Prev�ously painted surfaces should hev$ a!I loose
pairtt re+noved anQ tha edaes feathered. Prime bere
spots with appropriate primer,
AOtIVOqOn:
7horougAly mix 3 psRa of ename�, then ddd 1 part of
VG�6�05 activator whi�e stirnng. No inauct�on perii�tl
IS necesBBry.
Pvt Lifa:
3-5 hours � 7J'°F 8� 509'o R.h1.
(without cetetysiy
Reductbn:
Normafiy, !•�% recuolwn is atlequate tor spray. None
�s req�irea (or 4rush a ro11 applicatian. T�is produM is
des�gned 10 compiy +asth maximum VQC of 2,d L.�:s.j
ga�. (34p gll) end t!�s addhion ot 1895 (o� 389S} <<nd
thin�er shou�d not e�ceed spadfic Ilmlts an eacn
color. If bubb�es develop du►ing rO:�er qppiication, add
1 oz. FIi002P per acliv8ted �aflOn, Aftsr B�ition.
aitow 5 minute9 �nduction befOre appilcation.
Stora�s Condltlont:
Store in a dry, w6t� vAtltllated are+3.
�.,�o°F c-�a°C) and i20°F {46°cl
AddFtiOnei Con+nwnta:
1. Dry times can be improved approxlmatety
50% by adtfing t 89S stxelerator et the rate ot
7 oz./aetivatod yeilon or by sdding 389S at
2 o=./activated sa�lon.
2. Mpy be rwcoated by spray when leck-frge.
3. Not r�cammended fpr to�centrated eti0s sucr es
sultur►c, hydrochlariC ar acetic,
4. A�d 1 oz./gltllon of �ItE�02P to 6liminat6 bubbl�35
that 1�rrn d�ring roHing. RT002P is not
recommendod �or sp►ay appl�Cetlion. pd not
exr.aed 2 ot.lgalton RT002P �s crate►s may
develop.
�MRON� 333
high solid� polyurethans sneim�ls
AppIi�atM� Cot�tio�o:
Do not apply tT me app��catbn sur��e tsmpereture is
48{uw 45°F {7°C) or pbove 100°F (43°C), o+ if the
atmospheri� temperariJre ir, within 5°F ot the tlew
point. Relative humidiry shoula be below 90°.�6. For
applicafion at temperatures beriveen 35°F and A5'F,
th� use oi t B9S (vr 389S} acceterator is
recommer�de6.'
' See AdditionW Comrnrnte rt .
CifM TIR1li (HOUr6 � 77°F (25°�), 50% R.N.)
wlthout with
accelerator acceleretor
M Dry to Tou�h 4� 2-4
Qry to i-9andle 38•48 18-36
Dty to Recoat'" 8-t2 a•6
Full Cure 1U days 7 days
' See Additior�8� Corttn+ents �7.
r` S�6 Addttwnai COrtlfr�Entb N4,
AppllCatbn �qufpmanl:
• A�ply by apr8y, brush or roll.
• Manufacturers U�Wd bebw are a gu�de,
Others may be used. Chsn�es in pressurs and tip
size may be r�quireC tv sch�ova proper app�ication
RaU:
';4`�Vz` lembe wooi or syntt�etic rc�ll Cover such as
OneCoate�°. Keep roil wet, Rall in ane directian,
rewet, thso Cross roif, If bubbies dgveiop, adG
iiT002P.
See AtftllbtNt81 C�m�mi #4.
�� ���
SprBy (3un:
Fluid Nozz►e:
Alc Cap:
13fnks
M 1 B ot 82
66 or 67
66 or 83P�
D�Vllbla�
JC3A5�2 or
M8C514
Eorb
7p4. 768 or 78
AIr4�u 8pray:
pump: capab���ty to produce approxlmately 3000 �si
(�.g. Greco Bulldog, EM3fl0 or GM 35d0)
High Pressure Fitter; 6q Mesh
Ftuid Hose: '/e" x 160' max.
Airless Gun: C3raco 208683, 220-955
Ti�+s: .O 1 � "•.015`
Mlnimum p►essure to avpid fingering; 3000 psi
Alr Assiateci Afrl�as:
i'ump: 12:1 $enator (GrsCO)
Gun: 717292
T�pS' .023'-.029"
Atr 11GM'k� aCVK�.� .�IioMT�{bM fM OYM1IGV �r� �t���M� Gy YN.SM�' Br011. T/'!/ 11�9 n10�4 at lolfN�[�1 pl101MqU �0 501Nf bOJ01Cb �0 00 lNi�AO. Ar.J tlrp a�ldiY�!1 fOt uSC by (NMVMS M1'�:'O rC�r
OM �TW�ow !1!hM� Wr� Oslf11�1!�ntl �41t 9M�1 WJ�V� �Q tHpi�t�tt�y lor :YWlli 014Wn�p p OPn.ryM �nGUliOChOT t!1Nr u0f OY OVY�' �r� wHDN .Y '..T ptl� awn ...�m�n��wa+h„f Nennr.a� s�wa`t
w wrv�Ca. �rs ,at in Da ri� b a�wk�f� tu apirM vr� or n�aW�O tY Wpp�st �rn��rnaro a s':v stN!r,p pp��ri
ii
C-�enera I Notes
,� � , , � � "�
3� 9 � p�� �� ard oc avirctes ev g,' ac�rn.aaper�ment m�r
a�,p cabi ena 9ia�a c9 � a. wd�ances ena regu e�.�cre.
ea b tw zf e . tl me o ena iM'8 vw emmnae�iMt ., o u�%n be e P m 9�en�9ym F iFc
.� � m „,o
� p e., .�. �a ,a w�.�.. 9 s�a�a...a, a��>a
9 G ����o
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p p �9 F 9
ofa rn._ f d! appro p ioraknen e netaeton 5�br.iin
e a y po de�tcn ������ p - �cutleeul?cvt. o e�onror
5 q . J e�e �o ue y . p� �o iFe
p pz no Pp e b� for inz y nrc�me' on comecned o a a enen PP�ub c
su, or tn �cp ei on on gu �bae a d rg, mnee r y up p on, c aw yaae
�, u ia cen e n r� e e n �m e a o yn�-a`tWO a
e e��+arienerequfoc�luee,�eacEnygf,e rrmngfod�g xivae.aaci.c n�e.4.y4c.equianmi
d � � gF� � _ � a�e��
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9
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9 : do � nna P pFcg k a ecM du e vw ep d eubm..�red a. q y9
���a�3�c eeg ��e�eMwM1e s rdtobenrot��ea�b�.��e�ccrnraew.c
�d � q p g . , e . �gaepe�went.or
o.k eo am w in3 . ceb e eode.. � CB °e� g p ta e.e g
9 ^3
g o.
meged,eapesea �ojdemo�i�
w�a w . oceeia. � bJx c.Jerecweicm9.ucnazoe.cd
� m �a kz e gp��idoo.e. �. na p i�at v 5 r g e p eei e ver. � �
9 a wo,,.
------ -------------�— — --------- ----�--
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�LOOR PLAN �'
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6G1LP111l8 LLELD JOMiB i0 BE
HLLED PND Gli�ldD BYIWTH.BNOP
PPo1ffR &ldLL 2E APPLIED CFER
LLELDMG-FMPL PPINiBYYCOLqi t0
C£ DETERiMED �Y TIE Cltt OF
P<lM OEAGM �d(ARg di�
BGILPTq¢
ELEVATION „„E,
V4°�I'•0• CitGOE E4�vAnGry Lf 0'-0' 10 To
BE ESiPBL18HEp 6Y TIE LIiT OF
PALt1 BEAGH GAfpET18.
REV190N5 BY
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OGfOBER N, ]091
A9 NOTED
S-1
STRUCTURAL NOTES
WNCRER NOiES
i. c�o.�..m �omvir.�u as wi.N miu�a or ua raiwmy ,to�do.d�
Ap 318 'BUAding cade ReQUtremenle tor reMfaeed Con�rete°
Aq 301 'Specif lime fw Strudurel CmcMe
CR5'Mmual of SlwEard Proctice'
AS1M C84, ACI 341, Aq J04. anE ACI 305
2. Cantracta wll artmge fm samDlMg anE IeNing Eurhg con<rete qttemenl as lollowx
Smnplin4 ASiN C1)1
SIUmD� AS1M C143 One (1J tes� per load
A'v Conlml: ASill C31 One (1) µr M epeNmen
Compevlva 54mgiM1: ASiM C3H Qx (I) eet D� `�1 Cu. pa w fractbn Nereof.
fwr (Oj cyl�Mxa pw »l.
3. %ovide iro (2) co onubclurNe eD+nfcotbna for D�Y���Y malwiala, induGmg rtin�orcwnmt.
firming acuaaories, adnirWrea fa�t mhlurn, M1aEenca, curing mafxid; antl ae reQUnletl by iha
A�cMlec�/En9lneer.
<. Proride conaete miR tlnign dola for oppad plbr to etaA o( �oh. Cenaete Wopm�min9 �AI
camplY wltM1 Ap Zit onE ACI JOi..
5. Canwete mWmiala sM1all mmply nHh /he Mlowinq almdvdx
awua�a c�.�t: nsne nm
Aq9regahs A51M C33
wn>: ci.� a�a aotmie
Alr—rnfroFing oEmixlure: RSl1A C260. YR b 4R
Wols—retlucng atlmiKture: AS1M C494
s. o��yn �, wccan. macn a�a mm�mn r�wru, to Wccan .nni�m a�e mt«a ioam mo�
migM1t be applietl untA acM1 loatla can be mpporletl by Ne atrucWre. Da not «mow wppwle ��m
concrtte Fae reocned ixe tleaiqn minMUm campreetlro ehenqt� IndiwteE.
). Place cmcrete In a cmtlnuwa aperatim MtM1in qanned phta ar aeclbna. Oo not begln
olacemmt �nUi wM ol otM1r 4oEn alhNYp conw m b como�e�ed Canad�tlote placvtl conaete
uzlWg meManlcol HMat�n9 eq�ipmmt �XX M1anL rotlEMg anE lampin�g. w Mat cmttAe �e Worked
ar ntl rcinfmammt md otF�er embetldetl itema anE Nto dl porl f lormu
ProkM wncrMe hom pAyaiwl Eama9e antl retlua0 e✓enqN E�e lo weather axiremea EuM9 mixng,
pmc�e�t �a o,��e.
d Bqin Initim w�ing aa eoon az htt Wotr �ae disoppeoraE ham e�weE wrkroe. KeeD
continuou9y mo�st fe� no� lee Nan )2 M1eure Nre fmmeE eurbcea Ey mdet w�ing unt9 (o ma are
�.mo.aa. a.owee n�o���b�: as ao�rm to m�.�t aemwe m�ma�a �ane .�nares.
.a
9. Concrete fump zhoii Oe ar fdlan:
9ump In indes
MhMUm Madmum
Fwndation; pim J 5
w. co�u�< <ow� .nao eo o: �am..:
Farmetl Concreta belox groie 1�
u�rmmee emc.Me eaov vm. Y
11. Placng dnvinBe antl ba liata Mdl cmfam le A.GI.'e'Manual ei StanEmE Roetlee Iw DetaAing
RNnfaceJ Cancreta Slruclurea.' (AC.I. ]15)
iz. o�mn: o� �o��rok rei�m�«��� am n«�o�a�a Mu'm. ua��oi or sm�mro a,a,tma ra
Relnlweetl Concrete CwNrucibn' ae oueuN aetam m conente minro�ceme�i �nieae ou.�we� mai�i.e.
a�wwe �nw e�a.NSa ra .ea� wb. m ro�,w���m.
13. Reinfacemml ehdl Ee mreNlly placW. rlAldy auppaleA. anE wdl lieE wlih bar �ppats and epacen.
14 AEepuate rcr�IM antl hwlzanlN e�aFg eM1011 pe Drovitletl to wfMy auppM all canafructlon IaaEa
15. Centx dl loMinge on pier above. unlme o1�eMrv InTCOIed
16. Pelnforciny steN In looling or D� ro0� �tll be osaembletl a mde vith bon puoily epond end
w'rtl togatnvr at aorn mtozccim eafare ca�re�e's p�acM.
SIRUCNFAL S1EEL NOlES
1. Sbuct�rol atea' cmelivcl'an SM1all wnipm to �M1e 'NSC Speciikollon M Ne �tlgn, Foblcolbn,
onE GecNm ef Slrvclurvl Sfeel M BuNEinge:
z. o�aury .aamv �.a=....a a�a .xmne wama�a m aawao�ce am nws 'sm�aom a,mmron�
Procedure'.
a. s,em�� ma��m�m.«:.ce�in�aia� a�a m.canou� �,ri,�a��, m� �n� rdmw��s n�oa��., �,cmamq
mni �..�s ma ou.� wrtm.m aom:
stNOwra .thi
adta
so-�n�rm .t�ai wim.r nomt
a. v.omes .nae e�ewmss �a �.w.., `a�ene aman. ma wnewi�, ro, menronm me w.�eq or
+n�ow�a x.r memoe�x arowae �noq mari�qa temoia�o. a�a ert�ei� ra ti.�aiaao� or w,d,a
oais ona otner emeeaam nema <o ee m�onea ey omen.
5. RaHEa immparary aM1aring ontl Er¢Ing membxa Mll� cannecllona M s,fflcknl HrngtM1 to bear
MpreeA IoaEa untA final connactione anE lull memdy o� "ottocMtl atructuree' h wmqelM
e. Oo not use qoe—culHng brc�e� Y� IIeIE fa corr<cling loErkation erron In atructural Irominq.
z loucn uo oaint wm oe appnea to amnea. exooxa areos immeemtwy anx e.eciw� or rtN�m.m eteei.
MISCELLANEOUS �
1. Cm4actn 9wll wify ql G mskne wll� IM1e mCiitec[urd tlraNnga prbr to consi'uclim md
tobrlcotlon. UkcreD��lee anall Ge brauqhl lo Na oltmlim o( �he arcMtact anE enqlnaer ENOre
fobicotm antl cmaVUClfon begMe.
1. AIl wwk aM1all be Eane In acmEOnw r�N all periMenl bml, s�We, antl federcl buAEing regulotlona.
1 ProNaiona ol IM1e NA Ceneral CandtMa af iM Cm4act fp Cmahuction ahall opp1Y unlns
oMeniea inEkota! in Mv cmelrvctian Gowmanla
�ESIGN OAiA
I. Normal weigM cmcMe (145 PCF) 1B—COY �Vramive atrm9N: dOW P9.
2. Siruc�ural ateel: A% unlm ot�xMx InEleMed
3. Ancha Bdta N18 5. Stl.
a o:mq� uK �aa::
WhJ: 1!0 mp�. ASCE—1
5. SoA DearFg Preewrr. P,500 PSF Mhimum.
� SECTION
S] 3/4'.I•-0,�
TYP.
,,.e.
x 3'-10°
9° 4CdR �IKGRGE IIV.];�I
w.��s.a�, sere
9 TIEe. 4° OL. d8
���r � tx�fv
� 3/{" CFWMlR � ALL
Lt)2E� - iTP.
� TYPIGAL PILA9TEi2 DETAIL
sz �4��,�,_m.
i ��
IK" ;
Fl ��
4J +
sro e �i �
TTPIGAL SEGTION
� TNRU SCULPTURES
� �-�•.�,_0.
Soll beMiq pr»wr< ol ],500 PSF M1w pem oamvneE In �M1e En�qn of Me fountlaliana. Tha
Ceneral Con4actw riall engoge o regblxe0 foif mglner to cm�ify tM1Ot Ne octuol mM �earing
e e¢ts a eFCeeCe MI� minimum. If soll Imprppnen� 19 rryulred, t�e whe engineer e�all
hefrvcl tlie ama oa lo mema anE mNM1Otle repulretl to brMg iM eoA LearNg up to 2,500 PSf.
SHO? IXtAMNGS
me FnSm.erb .M.w 4 oniy ror conrwmu,a. min ue x.im roncrot ot me v.oN« ma comw�ona.
.iu u� mro�ma�m� erom �na ��.��� aa�m���,. m. �em.ona i, ..ro��ae ro. eim.�do�. m
n. cmx�ae e�d �o.�.mc.e o� tne �te; ror nro,maro� thN perbhe eolely lo tM1e fobricotion.
wo�.on, a m Ua meo�., m.uma �xnniy�,e, ,�encea, a�a p���a��e: o� rnnm��a�; ane ro.
oorAlnotion of IM1V work ol oll lrado. Tha En9lneera approW of a apeciiic item eholl not IncluEe
app�awl W an aaxmbly of xT�M Ne item le o cpnpment.
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ELEVATIOW
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PALM BEKH GAIAB�B.
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STRUCTURAL NOTES
CONCREIE NOIES
1. Canaete �ill cwnpry witF� t�e tolea! edtime M Me 1dlwFg kantlorEc
na aie'e�oemq cex xw�..m.�te ror rc�nromea c�R�:
na am 'soair �tons ra srruch.a cmaeld
CR5 'Manual of SlanEa�E Pracllce
AS1M C9<. ACI 30). Ap ]04. antl RCI 305
2. Contracta wll mmange fm samdMg anE tuling Eur�ng conr,r<�e placmnenl oa �dlaxx
Sonpllnq. AS1M C1>2
����D� ASiM C1s3 Ona (1) tmt px loatl
Air ConlmL AS1M C31 One (1) per ea! epeNmen
Comprenlro Slrengh: ASiM C39 One (1) sel per 50 W. yde. a fractbn lAereof.
ro�� (4) ry��e ro�.
3. Provitle Iwo (2) wpka oi manubc�ureia apttilicatime fw proprkty malerkl; �nd�dng rtin(wcwnml.
aming «ceaoriw, atrni.Wree, joM mi�turn, nntlenm, cuAng moteriqs, and as repueelW by lhe
Arch�lec�/En9lnex.
4. FoNEe conaete mia design Cala !w aDG�awl D«a !o ftoA of xwk. Concrete prapatmning xAl
��dr .��n na zn o„a na wi..
5. Concreta matxiole i�all wm01y WM Ma followinq stmlords
P«uo�a c�eoi: ns�u mso
A9gregates: A511,1 CJ3
Wata: Clem mtl PotaCle
Ak-mhoMNg atlmixtun: ASIM C280. 1S to IF
Watv-rtducn9 atlmiKturc: ASIM G94
fi, Des�gn, xect, euppo��. Ence, aM malnloln fwmvak, to auDp� �ICOI anE la�e�al loads Mat
m�ght Le applied wlll aucM1 IoaM cm be eupparted by Me nWClun. Do n�l �emow auppwla untA
cancrete M1aa reocM1etl lhe tld9n m�nYnum ewnDrceaiue alrtn9iM1 Intlica[N.
]. Placa conmle In a cantinuoue aperoHOn w11Ain planneE piMS or aecHOne. Do nol begin
pl cemenl un�A M ai oUx hotln oibclNg cmcrale ia cwnpleted. ConatllEOte ploceC can te
using mecM1anical wbralinq qupmenl 'tM1 M1antl rotltling mtl tompFq, m iM1at conaete b worNeE
ao E �enlorttmm� ontl otM1a emEMOeE Hemf anE �nto oll part ai �ama.
ProteM cmuek frwn pM1yalcal Jomage antl redlceE atrengM Eue �a wea�M1w ertremae 0ur�nq mi�ing.
qaamm�. a�e curMg.
B. Begh Fltiol curing m sow ae hee xotw hm EleoppeorM Rom expoxtl aurfatts. Keep
contiwauiy malat ta nM leaa ihan J2 M1eun. Curc MmeE Wacea by mobt NrMg wt0 (orma are
remoKd. a.owae oroteMi�a os mm..a io n��< aeman= <o e�wo.ea ���. w�raoe>
9. Cmcrete alump Noll be ae fallon
9ump N InMes
YhMUm Madmum
FanEOt�on; D�m J 5
io. co�c�.�. ��.� .nai ee a. rdi�:
Famed Conmte belor gmEe Y
Un/armcd conttetv bdov graEe 3'
11. PlaclnA drawinqe anA Car Ilats eM1tll mnfwm to ACI.'a 'Monuol o/ Slmdad Praclke fw �eloNing
Pelnforcetl Concrete ShucNrn.' (A.CI. 315)
12 OelaAS of cancrele rcin/ncmmt Mall F accorEance MN'ilia Manual ol Sbndaitl Practice M�
RelnlqceE Canerele CmfVUMbn oa W�IYA EMaOS M unmete rclnlacemenl unle� oNerwlee i�amm.a.
Prw.itle sM1Op Jrawin% far reHew prW lo coneWCtion.
13. Relnfarcement ntll be wre(uily qaaE. riqlEly auPo��d. o�d wtll l�eE wnn ear m,�a�. a�a epacen
14 Mequote vartkul anE �rcizonlal s�ming ehdl be proNdeE to wtdy suppwl dl cmaMudim IaoEa.
15. Center dl laotinga on pld above, unlw M�errA�e Indicoted.
i6. Reinbrcing Meel In fooling a pWe cape aM1all be aaembleE as mats �i�M1 Oan eyudly spaW mE
�'vM tagetlrer al mc� a��xaeMbn before connete b placeE.
STVUCTIRAL S1EEL NOIE$
1. Sirvctural steN cmeWCibn zM1011 con�cem to iM'NSC SD«�lcolbn (w ihe Dwiqn, FoGiwibn.
onE ErecHm ol Slructurol Steel tor BuWinge'.
E. Oudily Weldin9 poceaee oM �ebinB W«d�an �n ottwtlonw Wit� AMS'StaMarE Walificvllm
Pracetlure'.
J. Subnit manubc�ura'a yeciilcatim mM »atWatbn inat�vqlms for tM1e fdlowMq protlucta, incluEing
moi to�, a�e oue. pmtmud dma:
=,N«�.a� „�
eais
so-�ow�m rtaN w�m., �mt
+. r.oHa� �an a.awmes +« «a:., eowm,c e�aos a�a �m.m�i.� m, rmarorn� ,�a a:�oiy m
rtrucWrd abel memberx ProNEe netting Emringa, template0. anU Circcl�on ta Inalallat"wn M me�n
Edis onC WM1r .mneedea itema �o ee inemiea oy aM.•
5, ProvWe 4mparory Maring mtl bacing memben w�tM1 connectime of aufiklent etrenqM fo �ew
knpaetl laotla unlll Rnd emneclbna ontl NII aexmbly ol'ottx�eE 5buclurei b eomplNetl.
8. Do nat use gas-�vttYrg torcM1ea in ikld fm comecling fobrketion erron In atrucWrd hanMg.
). TacM1 up Da�t MII be apPlbE to deaMtl. expoxE aeoe ImmeE�a�Ny ollx erec�bn o� slrvcNrol alael.
MISCELLPNEOUS
1. Can4acta d�oll nrily ull EMmebne MU Ihe mcMtecluM travingf 0��a to cmatruetbn anL
fmrlcoUm, Dberepanciea ndl be ErwgFA to iFe attmCwn M Me arcM1�tect anE enqlnew ONOre
tan,mai� �a a�.tr�niw� eeym..
s. nu wan �nan ee a�. m e«o�am�..nn ai o�i�n� ixoL mma e�e �eeera euudne nvmmim:.
3. ProNebnz M tM1e AIA Cen«al Cmtlllbna M iXe Cminct for Cmatrvcibn eM1all apply unlen
o1Mnr'iu ndkateE in tM1a conatruclbn Emumeita.
�ESICN OAiA
1. Normd vaigM1� mncrete (145 PCf) 39-doy wmpreetive shengN: WOD P9.
2. SWCNraI sleN: A]6 unlen otM1enlae IntlirniM
J. Mc�or Bdte A318 S Sll.
4. �ee�gn LWe LoaEe:
vn�a: uo mvn. nscca
5. SoY Eearing Pref�re: 2,500 PSF NNlmun.
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Soll beoring prefsure ol P,SW PSF M1ae been aewmetl n ihe dadqn of Me �oundoHana The
Ceneml Coniracta sFioll engope o rcgiaterctl wWa englneer to eMiry t�at t�e ocluol eoll heoring
lue mwte w e:tcmEf IM1p mNimum. I( eoll Imp�ownmt la requlreE, t�a mils enqineer aM1all
Frtruct Ihe armer os lo mema anJ mNl�oE� nqutretl to brinq Me aaP Emrinq up lo f,500 Pff.
SHW IXtAMNC$
ilia Enqinnr'a reNew b anty br canformanw wl�h t�< dngn � cw� a� me o�ok�� a�a ��qm�ro
wIU Na Inimmotlon gFren M tM1e contrvct tlocumentx The contracfar is rnpanzide for C4nmaiona ta
be cnntrmed mtl camNa�ad at the ailn' far inlorcnafiw Mut perlans adely ta t�e fobrkalim.
proceaso, a to ��e meona, methotlr, GMnlyuef. aaq�mcM anE poceEu�n o! cons4uctlon; mE �or
�oorei�ano� or tn� .w or ai vam. me uym..r. ww� ot e.ve=�n� a.m .nan not maux
avwawi or m amemery or Mam m: x.m ia a mRa�.��
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A8 NOTEO
S-2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: December 19, 2002
Date Prepared: December 2, 2002
Subject/Agenda Item:
Petition MISC-02-32: Northlake Commons Modifications to Resolution 101, 2002
Resolution 227, 2002: A request by Woolbright Development, Inc., to allow for a modification to
the specified build-out date, an amendment to the phasing of the off-site landscaping, and revised
landscaping within the northwestern portion of Northlake Commons. The 21.02-acre site is located
at the southeast corner of Interstate 95 and Northlake Boulevard.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA LDRC Commission
Growth Management: Action:
PrincipalPlanner A roved
Costs: $ � � pp
Talal Benothman, A P A w/ condirions
Project � � � Total � � pp•
City Attorney Manager_�'� [ ] Denied
Len Rubin Kara Irwin $ [] Rec. approval
Senior Planner Current FY [] Rec. app. w/ conds.
Develo ent ��pliance [ ] Rec. Denial
Bahareh �. Wolfs, AICP Funding Source: [] Continued to:
Submitte by: Attachments:
Advertised: [ ] Operating
Growt a ge nt Date: [] Other • Resolution 227, 2002
Direct • Resolution 101, 2002
Charles . Wu, AICP Paper: • Justificarion
• City's Traffic
Approved by: [X] Not Required Budget Acct.#: Consultant Letter
City Mana er �"� Affected arties: • Site Plan
P • Landscape Plan
Ron Ferris [ ] Norified
[X] Not Required [ ] None
City Council
Meeting Date: December 19, 2002
Date Prepared: December 2, 2002
Resolution 227, 2002
Petition: MISC-02-32
Page 2 of 4
BACKGROUND
The "Crossroads at Northlake" site plan was originally approved by the City's Site Plan and
Appearance Review Committee on April 1, 1986. The approved site plan included the following:
• 80,640 square feet of Home Improvement
• 11,182 square feet of Home Improvement Garden Center
� 63,349 square feet of Supermarket
• 100,100 square feet of Local Retail
• Two 1.1-acre outparcel sites (square footage not indicated)
The total acreage of the approved site is 31.88 acres.
Both outparcels received approvals from the City in 1987 to construct fast food restaurants, Arby's
and Taco Bell. At the time of approval and construction, each outparcel was subdivided and sold to a
separate property owner as a separate parcel.
In 1993, the Home Depot received City approval for a 16,336 square-foot expansion. At the time of
approval, the Home Depot Corporation subdivided its portion of the site plan (the building and a
portion of the surrounding parking area and wet retention pond) and created a separate parcel.
As a result, the site consists of four parcels/lots including the 21.02-acre portion now owned by
Woolbright Development, which is the applicant for this amendment. Since the four adjoining
parcels were approved as one site plan, staff shall ensure that the proposed amendments to the 21.02-
acre portion are consistent and compatible with the other parcels contained on site.
This development was amended by Resolution 104, 2001, which was passed on July 5, 2001. This
amendment provided for fa�ade renovations and an additiona129,208 square-foot expansion to the
eastern building to provide for an additional "anchor" tenant space. The amendment also provided
for the addition of a 5,000 square-foot out-parcel and a new entrance off of Northlake Boulevard.
This development was most recently amended by Resolution 101, 2002, which was approved on July
18, 2002. The amendment eliminated a 36,500 square-foot expansion of the eastern tenant building,
added 8,000 square-feet to the existing anchor store (closed Albertson's) and added 600 square feet
to the 5,000 square-foot out-parcel building. The total net reduction in square footage, as approved,
was 15,761 square feet.
Currently, the applicant is proposing to modify condition # 3 of Resolution 101, 2002. The approved
condition requires that all landscaping within the Interstate 95 and Northlake Boulevard rights-of-
way be installed prior to the issuance of the first Certificate of Occupancy or Certificate of
Completion. The applicant is also requesting to correct the build-out date of the project, changing
the specified date from December 31, 2002 to December 31, 2006. Lastly, the applicant is
requesting an amendment to the approved landscape plan to adjust landscaping on the northwestern
side of the project due to required modifications in the retention areas (pond and dry swale areas).
City Council
Meeting Date: December 19, 2002
Date Prepared: December 2, 2002
Resolution 227, 2002
Petition: MISC-02-32
Page 3 of 4
STAFF ANALYSIS
Build-out Date
The applicant is requesting that the specified build-out date contained within Condition #2 of
Resolution 101, 2002 be modified. This is being treated more as an adjustment to the previously
specified date than a time extension. Vested trips associated with the former gas station are retained
for five years following demolition of the use pursuant to Countywide Traffic Performance
Standards, Article XV of the Palm Beach County Land Development Code. The date contained in
Condition #2, December 31, 2002, does not recognize this vesting. The applicant has requested that
the specified build-out be modified to December 31, 2006, in acknowledgement of the vested trips.
The applicant has provided documentation and traffic analyses to support their new build-out date.
The applicant submitted an analysis that compared the trip generation potential of existing versus
proposed development. During a previous approval in 2001, a gas station outparcel was modified to
retail use. The traffic generated by the former gas station had been used in the traffic study to offset
the trip generation potential of the proposed development. The renovated shopping center generates
less traffic than the existing (vested) development. The traffic generated by the gas station was used
in the trip generation equivalency and the demolished gas station is considered an "existing use" for
five years. Therefore, the build-out date should coincide with the 5-year vesting of the former gas
station outparcel. The City's Traffic Consultant has recommended approval of the build out date
modification to December 31, 2006, since the gas station was demolished in 2001.
Interstate 95 and Northlake Boulevard Right-of-Wav Landscapin�
The applicant is also requesting an amendment to Condition #3 of Resolution 101, 2002, which
requires the installation of all landscaping within the Interstate 95 and Northlake Boulevard rights-
of-way prior to the issuance of the first Certificate of Occupancy or Certificate of Completion.
Currently, the Florida Department of Transportation (FDOT) is in the process of widening Interstate
95 from Blue Heron Boulevard to PGA Boulevard, which will include modifications to the off-ramp
and roadway drainage adjacent to the Northlake Commons development. The modifications to the
Interstate affect the existing and proposed landscaping within the rights-of-way adj acent to Northlake
Commons. (The existing landscaping along the off-ramp is currently being relocated.) Condition #3
requires landscaping to be installed within this same area, within the limits of the FDOT Interstate
project. However, installing landscape materials in compliance with Condition #3 is beyond the
control of the applicant. Therefore, the petitioner is now proposing a modified landscape plan based
on the ultimate configuration of Interstate 95. Staff and the applicant have agreed on modified
conditions of approval pertaining to the timing of the installation and maintenance of the landscaping
within the Interstate 95 right-of-way to coincide with the completion of the Interstate 95
improvements.
City Council
Meeting Date: December 19, 2002
Date Prepared: December 2, 2002
Resolution 227, 2002
Petition: MISC-02-32
Page 4 of 4
Western Perimeter Landscape Modification
Lastly, the applicant is required to modify the western retention areas (pond and dry swale area) to
accommodate more storage, as a requirement of South Florida Water Management District
permitting, which necessitates grading changes. These retention improvements will require existing
landscaping and vegetative material along the western perimeter to be removed. The applicant has
submitted a revised landscaping plan that accommodates the required drainage improvements on site.
The proposed plan increases the size (height) of species previously proposed along the western
perimeter and pond planting areas. The proposed plan also increases the amount of oak trees that
were originally proposed (decreasing spacing between trees to 15' on center), as mitigation for the
removal of the existing eucalyptus trees. The result is an overall increase in landscape points for the
project from 34,248 to 34,723.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 227, 2002.
Date Prepared: December 2, 2002
Page 1
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 227, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO
CONDITIONS 2 AND 3 CONTAINED WITHIN RESOLUTION 101, 2002,
RELATING TO THE BUILD-OUT DATE AND THE TIMING OF
INSTALLATION OF RIGHT-OF-WAY LANDSCAPING, AND MODIFYING
THE APPROVED LANDSCAPE PLAN FOR THE "NORTHLAKE
COMMONS" (F/K/A "CROSSROADS AT NORTHLAKE") SHOPPING
CENTER, LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 95
AND NORTHLAKE BOULEVARD; PROVIDING FOR REVISED
CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (SP-02-32) from Woolbright
Development, Inc., requesting amendments to the previously approved Resolution 101, 2002, to 1)
modify the specified build-out date for the project, 2) modify the timing of installation for required
landscaping within the Interstate 95 off-ramp and Northlake Boulevard rights-of-way, and 3) modify
the approved landscape plan due to retention area modifications, for the "Northlake Commons"
(f/k/a "Crossroads at Northlake" Shopping Center), located at the southeast corner of Interstate 95
and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, on July 18, 2002, the City Council approved Resolution 101, 2002, to allow for the
elimination of 36,500 square feet of previously approved, unbuilt square footage, the addition of 600
square-feet to a previously approved 5,000 square-foot out-parcel, the addition of 8,000 square feet
to the major anchor tenant area, to allow for modifications to the parking lot, to allow for an
additional entrance from Northlake Boulevard, and to allow for fa�ade renovations; and
WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that
it is sufficient and consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
Date Prepared: December 2, 2002
Page 2
and correct and are hereby made a specific part of this Resolution.
SECTION 2: Said site plan approval shall comply with the following condition, which shall be
binding upon the applicant, its successors, assigns and/or grantees:
(1) Prior to the build-out date of December 31, 2006, the applicant, successors or assigns shall,
in conjunction with and subject to the approval ofthe Florida Department ofTransportation
and Palm Beach County, install and maintain landscaping along the eastern road shoulder of
the Interstate 95 off-ramp onto eastbound Northlake Boulevard, and median of Northlake
Boulevard between Roan Lane and Sandtree Drive, and that area of the southern road
shoulder of Northlake Boulevard not previously landscaped due to its location within the
limits of the I-95 improvement project. (Planning and Zoning)
SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read as follows:
(2) The build-out date specified for this project is December 31, 2006 ae�e�e�1�,28(�. For
the purposes of this condition, the project shall be considered built-out when all
infrastructure is in place, certified by the engineer-of-record and accepted bv the CitX
Engineer, and all common landscapin�, with required irrigation is installed, certified by the
landscape architect-of-record and accepted bv the Citv Forester.
.;+�,,,,,� ., oa �:.,.,o o.,�o��;,,r
(3) Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, the
applicant, successors or assigns shall, in conjunction with the County_�-�a +'�° c+�+°��,
install and maintain landscaping ' : along
the southern road shoulder of Northlake Boulevard between Interstate 95 and Sandtree Drive1
outside of the I-95 expansion project limits;
�
r.,,,o ,,,,a r,,,,a+,.00 r,ri.,o � the event that the City ofPalm Beach Gardens, or another entity,
forms a special district pertaining to the landscape and maintenance of Northlake Boulevard,
then the applicant, successor or assigns shall automatically become a member of such special
district. This condition may be amended at any time by a separate agreement between the
applicant and the City of Palm Beach Gardens.
SECTION 4: Said approval shall be consistent with all presentations made by the applicant or
applicant's agents at any workshop or public hearing.
SECTION 5: Said approval and construction shall be consistent with plans filed with the City's
Growth Management Department as follows:
1. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5.
2. November 27, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1 through 5.
Date Prepared: December 2, 2002
Page 3
November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SP1 through SP4.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict. All provisions of Resolution 101, 2002 not expressly modified herein shall
remain in full force and effect.
SECTION 7: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 8: This Resolution shall become effective immediately upon adoption.
[This space intentionally left blank.]
Date Prepared: December 2, 2002
Page 4
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CTTY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
Date Prepared: December 2, 2002
Page 5
EXHIBIT A
(ATTACHED)
IECAL DESCRIPTION: PARCEL �A'
A parcd of land In the Northwe�t quarter of Sectlon 19,
TowneAlp 42 South, Ranqe 43 Eaat, Pa4m Beacfi County, Flaida,
balnq more particularly deecribed aa idlow�
Commencinq at the No�reat comer of �ald Sectlm 19; thence
South 88' Ot' 16' Eaet, alonq the North Iln• o( aald Sectlon 19,
(the North Iine of SecUon 19 le aaaumed to bear South 88' 01'
16' Eaet and all othx bearinye are relati�,e thero{o) a dletance
of 408.24 fe�t !o a pdnk th�nc� South 01' S8' 44' Weat a
dletanc� ot 100.00 feat to th• SouNrly RfQht-of-Way Iin• of
Northlake Boulawrd anG the POINT OF BEqNNING of the
herelnafter deacribed parcel; thence South 88' Ot' 18' East,
danq sa(d Southerly Riqht-of-Way IIn4 a dbtance of �.i0.00
feat to a polnt; thence South 02' 04' 12' Weat, dapartinq (rum
sald Rlqht-of-Way Ilna, a dlstanc� of 278.82 feet to a polnk
thenc• South 8T 53� 48' Eaat a di�tance of 421.11 feet to a
pdnt on a Ilne paralld with and 80.00 feat West ot the Eoat
Ilne of the Weat hdf of nald Northwaet quarter of Sectlon 19;
th�nc� South 02' 04' 12' Wat along wid parolld Iln• a
dletanc� o( 55.51 fHt to a pdnt; th�na South 88' Ot' 18'
Ea�t a dlatance of 10.00 feet to a poht; thenu South 02' 04�
12' Weet a distanc� of 513.00 feet to a poln� thanca North 8T
55' 48" West a dlatonce of 458.00 faet to a poin� thence South
02' 04� 12' N'eat a dletance of 408.33 feat to a pofnt; thmce
South BT 55' 48' Eaet a dl�tmu of 38.00 fe�t to a poln�
thenc� South 02' 04� 12' Waat a distanc� of 385.00 fMt to a
pdnt; thence South 87' 29' 22' Eant a dlntanca o( 430.00 feet
to a point o� tha Weat Rlght-o(-Way Ilne o( Sandtree Dr1ve (as
now lald out and In use); thenca South 02' 04' 12' Weat alonq
aald Riqht-of-Woy Ilne, a dletonce of 74.18 feat to a point;
thencs Nath 8T 29' 22" West a dhtancs of 100,00 feet to a
pdnt; thence South 02' 04' 1Y Weat a dlatanca o( 20.00 feet
ta a polnk thMU Norlh BT 29' 22' W��t a df�tanc• ot 408.05
fwt to a polnt; thanc� Nartli 33' 18' 24' Wa�t a dlatanc• of
577.79 faet to a point; thence North 02' 04' 12' Eoat a
dletance o( 324.A3 feet to a polnl; thence North 8T 29' 22�
Weat a dl�tance of 230.00 teat to a pdnt on the Eaeterir
Rlqht-of-way Ilne of Intaatate 95; thmca North 15' 00 20'
Ea�t, along wIE EoaFaiy Rlght-ot-Way Iln�, a dl�fance of
898.82 (eat to a polnt on said Southerly Rlpht-of-Way Ilne of
Norfhlaka Baulevord and tha POINT OF BECINNINC.
LESS AND DCCEPT th• fdlorinq dascrib�d parcal:
PARCEI 1
A paresl of land In th� Narthweat Quarter of Sectlon 1D,
Townahlp 42 South, Ranqe �3 Eaat, Palm Beach County, Florida.
Balnq more particularly dexrlbed as fdloWe:
Canmenclny at the Northwest Comx of eald SecUon 19; thence
South 88' O7' 18� Ea�t, alo�g th• North Iln• of aald S�ctlo� 19,
(th• North Iln� of S�ctlon 1fl I� asaumad to bwr South 88' Oi'
18' Eaat and all othar bearinqe are relatfva thueto) a
dlatance of 40&24 feet to a polnt; thenc� South 01' S8' 44'
Waat a dislance of 100.0 }eet to the Southerly Riqht-of-Way Iine
of Northlake Boulewrd; thenca South 88' O7' 18' Eaat alo�p
■ald Southxly Right-of-Way Iin� a dhtanc� of 200.00 fxt to a
pdnt; thenc� South 01' S8' 44' W��t, Cepartlnq from aald
Riqht-of-way Iina, a dlstance of 200.00 feat to a polnk thance
South 88' 01' 18' Eaat a dlatance of 200.00 feet to a pdnk
thenc• North 01' S8' 4�' Eaat a dlatance of 200.00 feet to a
pdnt m sald SoutheAy Rlght-a(-Wa7 Ilne ot Nathlake
Boulewrd; thence South 88' Ot' 18 Eaet, alo�g eald
Rlqht-of-Way Ilne, a dletance of 4�1.11 feet to a pofnt on a
Iln• 80.00 faat W�st��ly o( and paralld wlth th� Ea�t Iln� of
th� Wat on�-hdf of sald Northwat Ouart�r of S�ctlm 19;
Nence South 02' 04' 12' Weat a dlatanca ot 9J5.00 (eet to a
pdnt; thence South 88' Ol' 1B' Eaet a dletance of 10.00 feat
to a poln4 lhe�ca South 02' 04' 12' Weet a dlatance of 374.65
feet to a paln� thsnu North 8T 29� 22' West a dintanca of
430.00 fe�! to a polnt; th�nc� North 02' 04' 12' Ecrt a dlatona
af 11280 feat to th• POINT OF BEqNNING; th�nc� conNnu• North
02' 04' 12� Eaat a diatance of SS.00 feet to a polnt; thencs
North 8T 55' 48' Weat a dletance of 1B.00 feet to o polnt;
thence South 02' 04' 12' We�t a dlatance of 55.00 feet to a
pdn� thence South BT 55' 48' East a dletanu of 18.00 feet to
the POINT OF BEqNNINC.
ALSO LESS AND D(CFP7 the fdloWlnq dexrlbed parcel:
��
PARCEL 2
A parcel of land In Na Nathweat Quartx of Sectlo� 19,
Townahlp �2 South, Rang� 43 Eoat, Palm- Baach County, Florida.
Belnq mon particularty dascribad a� (ollowc
Commencinq at the Naihweat Corner o( sald Sectlon 19; thence
South 88' 01' 18" Eaat, almg th• North Iin• ot �aid Sactlon 19,
(th� North Iins of Sectlon 19 la aseumed to bear South 88' 01'
18' Eaot and all other bearinq� are relative thereto) a
dlatance of 408.24 (eet to a point; thenca South 01' S8' 44'
Weat a dbtance of 100.0 feet to the Southerly Rlqhi-of-Way Ilne
of Northlake Boule�vd; thence South 88' O1� 18' Ea�� alanQ
sald Southerly Rlqht-ot-Way Ilne a dlatonce of 200.00 feet to a
polnt; thencs South Ot' 38� 44� Weat, deportlnq hom eald
Right-of-way Iin�, a dlstanw of 200.00 fNt to a poi�t; thanco
South 88' Ot' 18' Eo�t a dl�tanc� of 200.00 f�at to a poln�
thence North 01' S8' 44' Eaat a dlatance ot 200.00 feet to a
polnt on wld Southxiy Rlqht-of-WaY Iine of Northlake
Boulawrd; thence South 88' Ot� 18 Eaet, alonq eald
Rlqht-of-Way Iin0. a dlatance of 451.11 feet to a polnt on a
tIn• 80.00 feet We�trty of ond parallsl wNh tli� Emi Iln• of
th• Weat onr-half of eald Norlhreat puartr of S�ctlon 19;
thenu South 02' 04' 12' Wwt a dbtanca of 275.00 feet to a
polnt; thence South B8' 01� 18� Eaet a dlstanca of 10.00 feet
to a poht; thenu South 02' 04� 12' Weat a dlstance o( 513.00
feet to a�poln4 W��e contlnue South 02' 04� 1Y West a
dlslance of 420.00 feet to a polnf; thence South 88' O1' 18"
Eaet a dletancs of 10.00 feet to a polnC thence South 02' 04�
12� West a dlatance of 374.85 feet to a polnt; thence North 8T
29' 22' Went a dletance of 430.00 faet to tha POINT OF BEqNNING
of tha harelnofter de�atbed parcd; thence Nath 65' 46' 34'
YVest a dletance of 219.19 feet to a polnt; thence North 33' 18�
24� Weat a distance of 18.15 feet to a polnt; thence Nath 02'
04� 12� East a dletance o( 287.53 faet; thence South ET 55�
48" Ea�t o dlatanc� of 21J.50 (aet ta a polnt; lhenc• South 02'
04' 12" Weat o dialanc� of 217.20 feet to a polnt; thenu North
BT 55' 48" Weet a dintance o( 18.00 feet to a poln4 thenca
South 02' 04' 12' We�t a dletonce of 53.00 (aet lo a potnl;
thenu South 8T SS' 48' Eaet a dbtance of 16.00 teet to 0
polnt; thence South 02' 04' 12' Nbst a dbtanca of 11280 feet
to the POINT OF BEGINNINC.
July 8, 2002
RESOLUTION 101, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
AN APPLICATION FROM WOOLBRIGHT DEVELOPMENT, INC., FOR
AN AMENDMENT TO THE "CROSSROADS AT NORTHLAKE"
SHOPPING CENTER, LOCATED AT THE SOUTHEAST CORNER OF
INTERSTATE 95 AND NORTHLAKE BOULEVARD, TO ALLOW FOR
THE ELIMINATION OF 36,500 SQUARE FEET OF PREVIOUSLY
APPROVED, UNBUILT ANCHOR TENANT SPACE, THE ADDITION OF
600 SQUARE FEET TO A 5,000 SQUARE-FOOT PREVIOUSLY
APPROVED, UNBUILT OUT-PARCEL, AN ADD{TIONAI 8,000
SQUARE FEET OF ANCHOR TENANT SPACE, MODIF'ICATIONS TO
THE PARKING LOT, AND FAC�ADE RENOVATIONS ON AN
APPROXIMATELY 21.02-ACRE PORTION OF THE "CROSSROADS
AT NORTHLAKE" SHOPPING CENTER AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
CONDITIONS OF APPROVAL; PR4VIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTiVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (SP-02-05)
from Woolbright Development, Inc., requesting a Site Plan Amendment to the
"Crossroads at Northlake" Shopping Center, located at the southeast corner of Interstate
95 and Northlake Boulevard, to allow for the elimination of 36,500 square feet of
previously approved, unbuilt anchor tenant space, the addition of 600 square feet to a
previously approved 5,000 square-foot out-parcel, an additional 8,000 square feet of
anchor tenant space, modifications to the parking lot, and fa�ade renovations on a 21.02-
acre portion of the "Crossroads at Northlake" Shopping Center, as more particularly
descr.ibed in Exhibit "A" attached hereto; and
WHEREAS, the 21.02-acre portion of the "Crossroads at Northlake" site is
currently zoned General Commercial (CG-1), and a future land-use designation of
Commercial (C); and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient, that it is consistent with the City's Comprehensive
Plan and Land Development Regulations, and has recommended approval of the
amendment to the site plan known as "Crossroads at Northlake"; and
WHEREAS, on May 14, 2002, the City's Planning and Zoning Commission has
reviewed said application and recommended approval subject to certain conditions stated
herein.
Resoluticn 101, 2Q�2
Date Prepared: July 2, 2002
Petltion SP-02-05
NOW, THEREFORE, BE �T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Paim Beach Gardens, Florida hereby
approves a Site Plan Amendment to the "Crossroads at Northlake" Shopping Center,
located at the southeast corner of Interstate 95 and Northlake Boulevard, to allow for the
elimination of 36,500 square feet of previously approved, unbuilt anchor tenant space,
the addition of 600 square feet to a previously approved 5,000 square-foot out-parcel, an
additional 8,000 square feet of anchortenant space, modifications to the parking lot, and
farade renovations on a 21.02-acre portion of the "Crossroads at Northlake" Shopping
Center, as more particularly described in Exhibit "A" attached hereto.
SECTION 2. Said Site Plan Amendment is approved subject to the following
conditions, which shall be the responsibility of the applicant, its successors or assigns:
(1) Prior to the issuance of the first building permit, the applicant shall
submit for review and approval by the City Attorney and record a
Unity of Control document to ensure that the out-parcel property
shaA be subject to conditions of approval for the "Crossroads at
Northlake" development, including the "mainline center", Home
Depot, Taco Bell and Arbys. Such conditions that may be shared
among the multiple owners of the site plan include but are not
limited to architecture, parking, landscaping, lighting, circulation,
access and lighting. (Planning and Zoning)
(2) The build-out date specified for this project is December 31, 2002.
No building permits associated with this development order for new
construction shall be issued after that date without an approved time
extension. {Planning and Zoning, Building}
(3) Prior to the issuance of the first Certificate of Occupancy or
Ce�tificate of Completion, the applicant, successors o� assigns shall,
in conjunction with the County and the State DOT, install and
maintain landscaping in the following rights-of-way (off-site)
locations: southern road shoulder of Northlake Boulevard between
Interstate 95 and Sandtree Drive; eastern road shoulder of
Interstate 95 off-ramp onto eastbound Northlake Boulevard; and
median of Northlake Boulevard between Roan Lane and Sandtree
Drive. In the event that the City of Palm Beach Gardens, or another
entity, forms a special district pertaining to the landscape and
maintenance of Northlake Boulevard, then the applicant, successor
�
Resofution 101, 2002
Date Prepared: July 2, 2002
Petition SP-02-05
or assigns shall automatically become a member of such special
district. This condition may be amended at any time by a separate
agreement befinreen the applicant and the City of Palm Beach
Gardens. (Planning and Zoning)
(4) The applicant shall coordinate with the Police Department through
the construction plan approval process to ensure that Crime
Prevention through Environmental Design Principals are
implemented. (Planning and Zoning, Police Department)
(5) In the event the existing live oak adjacent to the proposed trash
compactor does not survive construction related to the renovations,
then the applicant shall be required to replace the tree with one of
comparable size and spread, prior to the issuance of the first
Certificate of Occupancy. (City Forester)
(6) Prior to issuance of the first building permit, the applicant shall
adequately demonstrate on construction plans that parking lot
lighting is consistent in height and style with those existing within the
Home Depot portion of the parking lot. (City Engineer, Building)
(7) Prior to the issuance of each building permit for interior renovations
for buildings A, B, C, and D, the applicant or its agent shall submit a
breakdown by use of the gross square footage for lease of
approved uses for review and approval by the Planning & Zoning
Division. The applicant or its agent is limited to converting up to
only 37,664 square feet for restaurant use, provided all applicable
land development regulations, such as parking requirements,
pertaining to said conversion are met (Planning & Zoning).
(8) Within finrenty-one days of the effective date of this development
order, the applicant shall submit to the City's Growth Management
Department a 3.5" disk or other City approved electronic media
containing digital files of approved amendments to Crossroads at
Northlake (Planning and Zoning).
SECTION 3. Construction of the site shall be in compliance with the following
plans on file with the City's Growth Management Department:
1. June 28, 2002, Site Plan, Urban Design Studio, 4 Sheets.
2. May 17, 2002, Landscape Plan, Urban Design Studio, 5 Sheets.
3. May 17, 2002, Floor Plans and Building Elevations, Oliver, Glidden and Partners,
3
G
Resolution 101, 2002
Date P�epared: July 2, 2002
Petition SP-02-05
Sheets A-1 through A-7.
4. February 28, 2002, Conceptual Drainage Plan, Kimley-Horn Associates, Sheet CDP.
5. March 8, 2002 Baundary Survey, Wallace Surveying Company, 1 Sheet.
SECTION 4. If any clause, section, other part or application of this Resolution is
held by a court of competent jurisdiction to be invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
SECTION 5. All Resolutions, or parts of Resolutions, in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS � DAY OF 7�� 2002.
ATTEST BY: :_;�. =. ,,
.. - -- ,
� -�� ;
, _ ;
� A �
- >
PATRICIA ShIID.ER, C1TY;� LERK
'�`"- �- . =
__=::�:- .
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
LEN RUBIN, CITY ATTORNEY
AYE NAY
�
✓
✓
✓
\\FILE_SRV�COMPROG\Short Range\sp0026res.doc
4
ABSENT
�
Resolution 101, 2002
Date Prepared: July 2, 2002
Petition SP-02-05
EXHIBIT "A"
5
----,�_.,.�---------------�.__.r(��
-�.! ��-i-�_�.�. Z� _L
IEGAI DESCi1PTI0H: PARC4 'A'
A por��l ot Iand b th� Norlhr�st quart�r of 5�ctbn 19.
TamiA4 42 South, Ranq� �3 Eo�C Pdm 8wdi Countx, Flaida,
i�k�g moh parllc+Ialy Ar�esbsd m fdfo�rK
Commr+dnq ot eh� NortAwwt o«+Nr ol sotd S�ctbn iP, thw�a
SouM 40' 61' 16' Eatt, donq th� Nar1h Ifn� W�otd Saetlon 19.
(d+� NxtA IMN of S�ctbn 19 M a�wam�d W bwr Seufh B8' Ot'
la Eo�t md �il oth�r b�q� an nlolM tMnto) a Qlatan�+
of 108.21 twt to o poN� tlnno� South 01' S9' i�t Mhtt o
9�taw� of 100.00 fwl to th� Soulh�vlr Rlqhtrot-Way tln� of
!Jarlh�ak� Boulward and !M POqlT OF BEdNNINC oi tM
�unhoRr daor�d porc�k th�nu SouN 0� Oi' 10' Eo�t.
r« °� °v h"t �ob: swm o� a� iz� w�..i. aw�v�irom
aatd Rtyht-�ol-wor Ib�. o dhtmio� ot 21a82 fMt W o OeY��
1h�na South RT 5S' 10' Eo�t a dbtmw of 421.1/ 1wt to 0
Ooht on o Iln� pardl« �rMA and s0.00 fMt Ntat ot IM Ewt
:hw ot N. wat Aalr or rold Nathr�t quartr of S�cUan ta
thane� Soutt� 02' 04 ti NNst alo�ny sold pQd�i IOn� Y
�ataw� ot 63.bt fNt !o a poin� tl��na Sauth 08' OY te'
:att a d�tanq o1 10.00 iNt to a poY�t; tA«+e� Soutl� 02' 04'
12' MMt a dbtanc� of 513.00 fNt to a poM� n,w�w Noru� er
S5 �' wat o dfMm�w ot �50.00 t� to o poY�t; tl+w�a Soulh
02' 04 tY wrt o dhtana ol �00.33 Iwt to a poY+k Uune�
Soufh 07' S3' 1a' Ewt e dbtanc� ef 38.00 iwt to o poh�
th«,e� South 02' a' 12' ws�t o dbtano� of ]BS.00 f«: to 0
ooNb fh�w Sauth aT 29' 2Z' Eod a dbtanw d 1a0.00 iNt
!o o polnt on tl» Wwt R(yht-of-Nby IY» of SandtrM OrM (w
�w. aa wt aoa a, w.} a«K. soum oz a' �Y Ma.� mo�y
.aa wcnt-or-war ir►., o a.cmc. or »,�e r«c to a�t
M�ne� Nartl� a'7' 2Y' 42' W�st o d4tana of 100,00 fMt to a
oa�t n,.�o. sa,a or a• �r w..� o a.to�,o. o� so.00 r..c
«t �t thw�w North 8T 29r 22' Maat o dhtaw oi 100.03
sn.7p t..e°�'co�e6po�C � p�Nw�t�h 2a�r w i2' �t«,w o�
dl�tanw ot 321. fMt W a pein� flw+a NoeH 8T 29' 22'
M��t o d4tanc� of Z1Q.00 }�! to o pdnt on 1M Ewtwlr
Rlpht-ot-�roy Ib� of Int�ntat� Y3; �h� North 1S' 00' ZO'
Ea�t. alonq sotd EQatrly R1¢►t-of-Woy IM� a dittane� of
898.e4 iwt to o polnt m�old SouU+�rly Ripht-of-Woy dn� of
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DATE�
aoq L vi�
P►ohWono
Florldo C�
DEC-09-2002 15�43
LBFH PALM CITY FL
—..
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561 286 3925 P.03iO3
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. . � • MTP Group, lnc.
, 72798 forest Hill BOU/ovard, BuIN 303,
Wi�t Op/in BBech� FL 33414
. Phone: I5611 795-0678 TB/ef�x: /661I 798-0230
� n��n�o�aNaun� �
ro:
From:
Date:
Sean C. Donahue, �P.E.
LBFH, � Inc.
Marla M. Tejera, P.E. ��
December 3, .2002 •
Subjoct: Crossroads at Northlake
A
Per your rec�uest, we have reviewed a letter prepared by Kamaey-Horn and Associates, Inc. dated
July 25, 2002 and a supplemental letter dated October 30, 2002 in reference to the above subject
property. The letter contains an analysis whicb compares the trip generation potential of exieting
versus proposed development. The project is requestino a buildout extension as well as a retiucbion
of the proposed retail development,
Prescntly the C�nter contains �4l ,271 squaXe feet in ratail buildings which include a Home Depot.
The proposed develapment includes 156,100 square feet of additional retail for a tatal of 286,177
square feet of retail. A service station in the pmperty was demalished in 2Q01 and will not be �
replaced. ' Traffic gonerat�d by the gas starion was used in the .traffic study to off-set the trip
generation potential of the proposed development. Based on the trip.generation equivalency, the
proposed development generdtes �less traffic than the existing (vested) developme�lt.
' 5ince traffic generated by tbe gas station was used in the trip genendon equivalency and the gas
station is considered an "existing use" for five years, a buildout date of 2006 should be included
as condition of developm�nt.
Should you need additiona] informadon, do not hesitate to contact me at (561) 795-0678.
C:1tn1pW BG\C r�roads�lJoM�lalr�.TimoExlsns6on App�.Mpd
�rnrni o ra�
RUDEN
MCCLOSKY
S M ITH
SCHUSTER &
RusSELL, P.A.
November 27, 2002
Kara Irwin
City Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Misc. Petition for Northlake Commons
Dear Kara:
222 LAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH, FLORIDA 33401-6112
(567) 838-4542
FAX: (561) 5143442
KIM.GLASCASTRO�RU DE N.COM
Based on our meeting discussions of Monday, November 25`h, enclosed you will find
revised plans to replace those submitted last Friday with the Administrative Amendment petition.
The enclosed petitions materials include: 1) a narrative that outlines the Misc. Petition matters to
be discussed at the December 19�' City Council meeting; 2) wording previously emailed to you
for modifications Condition #3 pertaining to right-of-way landscaping; and 3) a revised paving,
grading and drainage plan that depicts outfall into the retention pond, revised landscape plan and
cross-sections pertaining to the retention pond plantings and western perimeter landscape buffer.
We look forward to discussing these matters with the City Council. If you have any
questions as you compile the staff report and resolution, please call.
Sincerely,
RUDEN, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.
Kim Glas-Castro, AICP
_�
WP6:151256:1
CARACAS ■ FT. LAUDERDALE ■ MIAMI ■ NAPLES ■ PORT ST. LUCIE ■ SARASOTA � ST. PETERSBURG ■ TALLAHASSEE
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RUDEN
MCCLOSKY
S M ITH
SCHUSTER &
RUSSELL, P.A.
November 26, 2002
Northlake Commons
222 LAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH, FLORIDA 33407-67 1 2
(561) 838-4542
FAX: (561) 5143442
KIM. G LASCAST RO� RU D E N. COM
This submittal serves as a supplement to the Misc. Petition filed 11/18 by Shawn Nieman and the
Administrative Amendment Petition filed 11/22 by Kim Glas-Castro. The Misc. Petition is
modified to include 1) extension of the build-out date of the Project until December, 2006; 2)
modification of the right-of-way landscaping condition; and 3) revision to the approved
landscape plan due to permit requirements.
Buildout Date
See correspondence from Urban Design Studio, supported by documentation from Kimley-Horn,
transmitted with previous submittal.
The proposed modification, which is a corrective action, to Condition # 2 of Resolution 101,
2002 reads:
(2) The build-out date specified for this project is December 19, 2006 �ese�°��'r-�8(�z.
For the purposes of this condition, the project shall be considered built-out when all
infrastructure is in place, certified by the engineer-of-record and accepted b�the Citv En ineer,
and all common landscapin�, with required irri�ation is installed, certified bv the landscape
architect-of-record and acce�ted by the City Forester.
�.o
��
Right-of-way Landscaping
Condition #3 of Resolution 101, 2002 requires that landscaping within the I-95 and • lake
Boulevard rights-of-way be installed prior to Certiiicate of Occupancy or .,,
,�.
Completion. �,- �
E: �� �:.
a� ; . , .:, 1,-
The I-95 expansion proj ect prevents this condition from being fulfilled in i ntir���i � j�i�ting ;,
landscaping within the I-95 right-of-way is being removed in preparation the i`o:ac��roj,ect. -
. ,;, �F ,
WP8:151236:1 ` �
CARACAS ■ F7. LAUDERDALE ■ MIAMI ■ NAPLES ■ PORT ST. LUCIE ■ SARASOTA ■ ST. PETERSBURG ■ TALLAHASSEE ■ T EST PALM BE
Page 2
Northlake Commons was required to supplement existing landscaping. Due to the I-95 project,
which includes a portion of Northlake Boulevard frontage, a modification to Condition #3 is
requested. Landscaping within the Northlake Boulevard right-of-way, which lies outside the
limits of the I-95 project, can be installed as originally intended — prior to C.O./C.C. At this
time, the completion of the I-95 project should coincide with the buildout date (2006) with the
Project. Completion of the I-95 project will trigger installation of right-of-way landscaping, as
approved by FDOT, which should occur no later than the established buildout date of the Project.
The proposed condition modification reads:
(3) Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion,
the applicant, successors or assigns shall, in conjunction with the County a�e-�a�e
�9�, install and maintain landscaping ' .
alon� the southern road shoulder of Northlake Boulevard between Interstate 95 and
Sandtree Drive, outside of the I-95 expansion project limits; °��*°� r��a �'��„'a°� ��
�
'�^,.'°-,�ra'�°*�„°°� ���� i-��° ��a ���a*r°° T'r;•.° prior to the buildout date (December
31, 2006 the applicant, successors or assi�ns shall, in conjunction with and subict to the
approval of the State DOT and Countv, install and maintain landscapin� alon� the eastern
road shoulder of the Interstate 95 off-ramp onto eastbound Northlake Boulevard, and
median of Northlake Boulevard between Roan Lane and Sandtree Drive and that area of
the southern road shoulder of Northlake Boulevard not previousl,y landscaped due to its
location within the limits of the I-95 improvement project. In the event that the City of
Palm Beach Gardens, or another entity, forms a' special district pertaining to the
landscape and maintenance of Northlake Boulevard, then the applicant, successor or
assigns shall automatically become a member of such special district. This condition
may be amended at any time by a separate agreement between the applicant and the City
of Palm Beach Gardens.
Western Perimeter Landscapin� Modification
Adjustments to the western retention areas (pond and dry swale areas) to accommodate more
storage, necessitate grading changes. The retention improvements will require existing
landscaping and vegetative material along the western perimeter to be removed. Some species,
such as cabbage palms, can be replaced after construction activities. Urban Design Studio has
prepared a landscape plan for the replacement of the western perimeter landscaping. The
proposed plan increases the size (height) of species previously proposed along the western
perimeter and pond planting areas. The proposed plan also increases the amo �i O�.kLt � at
were originally required (decreasing spacing between trees to 15' on cent `r''s mitigatio
the eucalyptus trees that will be replaced. „�� �
WP6:151236:1
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Resolution: 228
Subject/Agenda Item:
A Resolution calling for a Referendum Election on March 11, 2003.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Attorne �/� [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [ ] Other
Submitted by:
[ X ] Not Required
Patricia Snider
Department Director Affected parties Budgei Acct.#:
Approved by: [ ] Notified [ ) None
��
City anag r [] Not required
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 228, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, CALLING A REFERENDUM ELECTION ON
MARCH 11, 2003 FOR APPROVAL OF PROPOSED AMENDMENTS TO
THE CITY CHARTER BY THE ELECTORATE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to section 166.031, Florida Statutes, the City Council of the City of
Palm Beach Gardens will be submitting proposed amendments to the City Charter to the
electorate for referendum vote; and
WHEREAS, the proposed amendments to the City Charter are fully set forth in Ordinances
43, 2002; 44, 2002; 45, 2002; 46, 2002; 47, 2002 and 48, 2002 ("Charter Amendment
Ordinances"); and
WHEREAS, in accordance with the applicable provisions of the Florida Election Code and
the Code of Ordinances for the City of Palm Beach Gardens, the City Council wishes to
formally call for a referend'um election on March 11, 2003; and
WHEREAS, the City Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby calls for a referendum election to be conducted on
March 11, 2003, to determine whether a majority of the electors voting in said referendum
support any of the proposed amendments to the City Charter.
SECTION 3: The ballot titles and summaries of the proposed Charter Amendments, as
fully set forth in the Charter Amendment Ordinances, shall be as follows:
-1-
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION ONE
SHALL SECTION 6-1 OF THE CITY CHARTER ("CITY MANAGER") BE
AMENDED TO REMOVE UNNECESSARY LANGUAGE REGARDING THE
APPOINTMENT OF PERSONS TO ACT ON THE CITY MANAGER'S
BEHALF IN THE EVENT OF ABSENCE OR DISABILITY, TO DELETE THE
RESIDENCY REQUIREMENT AND PROCEDURES FOR REMOVAL OR
SUSPENSION AND TO ALLOW THE CITY MANAGER TO APPOINT AND
REMOVE ALL DEPARTMENT HEADS, EXECUTE CONTRACTS AS
PRESCRIBED BY THE COUNCIL AND EXERCISE POWERS
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT?
YES
NO
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION TWO
SHALL SECTION 6-2 OF THE CITY CHARTER ("CITY ATTORNEY") BE
AMENDED TO ALLOW THE CITY MANAGER TO HIRE THE CITY
ATTORNEYAND DETERMINE THE CITYATTORNEY'S COMPENSATION
AND BENEFITS AND TO CLARIFY THAT THE CITY COUNCIL OR THE
CITY MANAGER MAY HIRE ADDITIONAL SPECIAL COUNSEL TO SERVE
AS LEGAL ADVISORS?
YES
NO
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION THREE
SHALL SECTION 7-2 OF THE CITY CHARTER ("PERSONNEL SYSTEM")
BE AMENDED TO ALLOW THE CITY MANAGER TO ADOPT, REGULATE
AND MAINTAIN A PERSONNEL SYSTEM AND TO REMOVE THE
REQUIREMENTTHATTHE PERSONNELSYSTEM BEADOPTED BYTHE
CITY COUNCIL BY ORDINANCE?
YES
NO
y�
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION FOUR
SHALL SECTION 8-1 OF THE CITY CHARTER ("SALARY, DUTIES,
POWERS AND COMPLAINT") PROVIDING FOR THE ESTABLISHMENT
AND APPOINTMENT OF DEPARTMENT HEADS AND FOR A
PROCEDURE TO INVESTIGATE COMPLAINTS TO DEPARTMENT
HEADS CONCERNING THE FAILURE OF THEIR DEPARTMENT TO
ENFORCE ANY LAW, ORDINANCE OR RULE BE DELETED AS
UNNECESSARY AND OBSOLETE?
YES
NO
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION FIVE
SHALL SECTION 9-1 OF THE CITY CHARTER ("POWERS AND DUTIES
OF THE MAYOR") BE AMENDED TO DELETE ANY REFERENCE TO THE
"CHIEF EXECUTIVE OFFICER"AND TO CLARIFYTHE MAYOR'S DUTIES
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT?
YES
NO
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION SIX
SHALL SECTIONS 18-1 ("MEETING AND PROCEDURE OF CITY
COUNCIL") AND 18-4 ("POSTING OR PUBLICATION OF ORDINANCES")
OF THE CITY CHARTER BE DELETED AS OBSOLETE AND
INCONSISTENT WITH REQUIREMENTS OF FLORIDA STATUTES
RELATING TO THE ADOPTION AND PUBLICATION OF ORDINANCES
AND RESOLUTIONS AND THE REMAINING PROVISIONS OF CHAPTER
XVIII BE RENUMBERED?
YES
NO
-3-
SECTION 4: The City shall utilize polling locations or places established by the Supervisor
of Elections of Palm Beach County and all qualified electors shall vote at designated polling
locations. The polling locations shall be open from 7:00 a.m. to 7:00 p.m. Only duly
qualified electors of the City shall be permitted to vote in the referendum election.
SECTION 5: The City Clerk shall prepare and give notice of the referendum election by
causing the appropriate notice to be published in accordance with section 100.342, Florida
Statutes.
SECTION 6: The returns of the referendum election shall be canvassed in accordance with
the applicable provisions of the Florida Election Code and the City Code of Ordinances.
SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 8: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 9: This Resolution shall become effective immediately upon adoption.
[Remainder of this page intentionally /eft blank]
-4-
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-5-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 9, 2002
Meeting Date: December 19, 2002
Resolution 231, 2002
Subject / Agenda Item:
Resolution 231, 2002: Appointment to the Art Advisory Committee
Consideration of Approval: a City-initiated request to appoint one (1) alternate member to the Art
Advisory Committee.
(X ] Recommendation to APPRO�iTE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA Art Advisory
Growth Management: Committee
Principal Planner� Costs• $ Recommendation:
Talal Benothman, � [ ] Approved
Project _����� h „� - Total
City Attorney Manager �! VW�l" [] App. w/ conditions
Leonard G. R bin Kara Irwin $ [ J Denied
Senior Planner Current FY � X] Rec. approval
Develo nt Complia�\nce [] Rec. app. w/ conds.
Bahareh K shavarz, AICP Funding Source: �] Rec. Denial
[ ] Continued to:
Submitted y: Advertised• [] Operating Attachments:
Growth M na e t • X Other NA
D'uecto � Date: � � • Resolution 231, 2002
Charles K. Wu, AICP Paper: • Guy Norman's Resume
(applicant)
Approved by,• [X] Not Required Budget Acct.#: • Diane Cappella's
City Mana er - Affected parties: NA
Resume (applicant)
Ronald M. Fer is [] Notified
[X] Not Required
City Council
Meeting Date: December 19, 2002
Date Prepared: December 9, 2002
Resolution 231, 2002
Page 2 of 2
REQUEST
Pursuant to Division 5, "Public Places", Section 78-261, Art Advisory Committee, there are five
regular members and two alternate members on the committee, who shall serve for three-year terms
at a time.
On December 5, 2002, the Art Advisory Committee recommended the appointment of Diane
Cappella as an alternate member to the Art Advisory Committee. An alternate member of the
Committee, David Miller, was no longer eligible to serve, so the Committee recommended a
replacement with a candidate who is an experienced photographer. The Committee felt that her
experience with art would better serve the goals of the Art in Public Places Program.
RECOMMENDATION
Staff recommends approval of Resolution 231, 2002, which approves the appointment of one (1)
alternate member to the Art Advisory Committee.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 231, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1)
ALTERNATE MEMBER TO THE ART ADVISORY COMMITTEE OF THE
CITY OF PALM BEACH GARDENS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE
DATE.
WHEREAS, Section 78-261 of the City of Palm Beach Gardens Code of Ordinances
provides for the appointment of regular and alternate members to the Art Advisory
Committee ("Committee"); and
WHEREAS, one of the afternate members of the Committee resigned because he was no
longer eligible to serve, thereby creating a vacancy; and
WHEREAS, on December 5, 2002, the Committee reviewed the applications for
appointment to the Committee as an alternate member and recommended the
appointment of Diane Cappella; and
WHEREAS, the City Council determines that the appointment of a new alternate
Committee member is in the best interests of the residents and citizens of the City of Palm
Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby appoints Diane Cappella as an alternate member
of the City's Art Advisory Committee for a three year term, expiring on December 19, 2005.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
-1-
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
LEONARD G. RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
6��
�
0
10-21-02 A09:03 OUT
City of Palm Beach Gardens
APPLICATION FOR POSITIONS ON ADVISORY BOARD (S)
Please print in Black Ink
Board(s) Applied for: A 4%�
Name: (Prinq � �C, � � • �-
Telephone: Da ��/ 3 a 9' D�i 9 � Evenin� �e.. %� �o o? o� `" 3 3 � 8
Home Address: �'S � I � 1 l'� Lt/O 0� �5�; �N7 .5��'1 �2.1"�.,G`IS'
How long have you been a resident of Palm Beach Gardens? .��/'S..Palm Beach County? 02- r.� ,
Current Employer�G UO� � P. �• Position:
Please attach a resume to your application or use space below to summarize qualiiications and experience
acquired that would be helpful to the Board(s) for which you are applying.
Special Qualifications for specific board(s) (include past board experience) �
.���Q.���'�I-C��'—�Ga.� .�r2.�' `..f� �a ara� � Y
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i�n-� e �ha;
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ducational Backgro�un��''^�`�`"��° `�'I
� ' � ' � ' ���'/6iI
i I�CY1'/
/�'I. S•�� L� cc� u�s� � Glhi`v�-
�'du.co�--�-�iov� C �r-�i t���
Community Activities (Include offices held and
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Signa e
Date %d � 4 oZ-�
Applications are valid for two (2) years from the date they are signed. Return to City
Clerk's Of�ce,10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
e��--
Diane D. Cappe[!a
9509 Birdwood Street
Pa[m Beaclz Gardens, F� 33410
PROFESSIONAL EXPERIENCE
Palm Beach County Scltool Board August 1984—Present
Art Teacher y�
Jupiter Midd[e Schoo[ AuPUSt 1997-Present
Received National Board Certifccation.
Department Chairperson.
Responsible for school-wide participation in the creation of S"Patriotic" mura[s for
permanent display in the hallways.
Painted and designed the JMSgym floor mura�
Completed the Mariner layout work for the "Wall of Fame. "
Responsible for student ezhibits at the Jupiter Town Hall and the Jupiter Lighthouse
Gallery.
Implemented the Annual Art Show (approximately 1,000 pieces exhibited)
Presided on the School Advisory Counci�
Okeeheelee Middle School Julv 1997
Organized and coordinated the materials and supplies for the new art departmen�
Christa McAuliffe Middle School March 1987-June I997
Departmen� Chairperson
Designed and painted the Challenger Mural for the McAuliffe gymnasium's jumpba[1
circle (16 feet in diameter).
Organized and coordinated the malerials, supplies, and furniture for the new art
departmen�
Received recognition from President Reagan regarding the gym.floor mura�
Organized and estab[ished guide[�nes and objectives for the Art departmen�
Nominee for the prestigious E'conomic Council "Dwyer Awards"for excellence in
education.
Promoted student exhibitions: Boynton G.A.L.A. Youth Exhibit
South Florida Youth Exhibit
Acadentic All American Recognition Programs
An�:ual Mu[ti-Media Exhibits
Initiated IS' Annual Comnlunity Relations Art Exhibil with Flag[er Federal Savings
and Loan and entered a partnerslzip with Community developers.
Presided on the Christa McAuliffe Dedication Committee.
Completed layout work for the Christa McAutiffe school flag.
Con�ress Community Middle School Au�ust 1984-March 1986
Department Chairperson
OrganiZed and coordinated tlie curricu[u�ri, nlaterials, and supplies.
Received television news coverage for ►vindow exhibits.
FLORIDA DEPARTMENT OF CORRECTIONS MAY 1982-AUGUST 1984
PROBATION OFfICEtt
1225 Omar Road, West Palm Beac6, FL 33405
sapecvised felony offenders, ldentifled aad determfned applicable structured
treatment programs aad optioas. Estabtfshed controls aad objectives. Reviewed
progress and compiiance to inttiate probat�on re-fastatement, revocation or eatty
tern�tnation.
�
[oordfnated snpervision e�forts with police departmeats throughoat the State and the
State Attorney's Office, thereby developing a knowledge of victim dg6ts, offender ffghts
and applicable conct proceediags and testimony.
Oft'iciated dartng emerqency commitmeats and jaft bookings.
Researc6ed social, educatfonal backqtoands and arrest racords for anaytsis in Fr¢-
:entence aad Post-senteace iavest[gatfons.
LASERCOLOR LABORATOKIES NOV. 1981-MAY1982
Fafrfield Drfve� West Palm Beach, Fl. 33407 Custumer Servfce
Exposed to aIt facets of I.aseKolor technology and photo lab prodnction.
Coordivated cnstomer retations and sates promotions.
Partic[pated ia taserColor Laboratory Sonth Florfda Fair demonstrations and
�motlons.
hIORTH ALLEGHENIf SCNOOL DISTRiCi AUG. 1973 - JUNE1981
200 Hi[ivue Lane, PfitsburuL, Pa. Art Teacher
,
• Originated elementary and mfddle schoal art canricalum.
CompQed aa ind¢pth stndy of film animation to develop and share wfth the National
Assocfation of Mfddle schQOis.
Presfded on the Prfac�pal-Teacher Advisory Conactl.
Compfled statistfcs pertafnfng to "sex fairness" In the schaot cnrrical�m and inftiated a
district-wfde awareness proqram whfch tn�ludec! �nmerou�s .presentations.
Amptifi¢d 8`� grade jewetry stndies and soldering processes.
Promoted an "Animal Friends" organizat�on fot the stadents.
]OSEPH HORNE COMPANY 196i-1972
McKniqht Road, Pfttsbnrqh, Pa. Retafi Sates
Exposed to all facets of Deparhneat Store procedares while worldng my way thmugh
schoot.
UN[ON NATIONAt BANK OF PiTTSBURGH ]ULY 196$-DEC. 1968
4 and Wood, Pittsbarqh, Pa. Trust Department
Ut[tV,.ed oifice and clertcal sldlts w6ile transferrtng from Masidngam College to Penn
state univers[ty.
EuvcanoN:
"�RLAW COLLEGE
.th Avenue, Pittsburgh, Pa.
Received Art Educatioa certiHcaHon (K-12)
indfvidua[ art "showfaq", Aprtl 1974
OUQUFSNE UNLVERSiTY
Sth Avenne, Pittsbnrgh, Pa.
Masters of Scienc¢ Degree fn Edocatioa
Attatned a 4.0 qrade pofnt average
Elementary Edacat[on CertiHcat¢
PENNSYLdANtA STATE UNIVERSI3Y
SEPT.1973-]UNE 1974
Ma/or; Art Edncatfon
SEPT. 1972-]UNE 1973
Graduate school
Major: Elemeatary Edacadfon
Degree: M.S.E.
JAl�i.1969-OEG1971
�:
Bachelor of Fin¢ Arts Deqree Major: Fiae Arts Paintiag
Dean's tist Miaor; ScntpturelPhotography
Degr¢e: B,F.A.
Achieved recoqnitfon in varfons painttng, scnlptare, and phatoqraphy exhfbfts,
Cottegiate sports: Golf, Bowiinq
MUSKII�iGUlK COU.EGE
New Concord, Ohio
SEPT. 1967-MAY 1968
Major: Liberal Arts
Co[tegiate spocts: Fietd hocDcey, Basketizall, Bowtiag
Fxhibited in the : Three Rfvers Art Festival
Exhibited ia the : Zanesvitle Art Fair
HAMPTON ELEMEI�ITARY AND HIGH SCH001
Allfson Park, Pa.
1955-1967
Awards: National Honor Society, National Medalfst Art Award, Scholastic Art Awards,
Natfonal Honorabl¢ M¢ntfon Art Award, Regional Biolaqy Award, ist Place
Chemistry Award, Corved Bar tsconting).
Activfties: Band, Chorus, Ufegaard, Cheerleadinq, all Intramnral Sports, Secretary of
Student Councfl, Vice-President of Class, Student Unfted Nations, TrE-Hi Y� Art Clnb,
Basketball, Soccer and Softball teams, F.T.A.
�'� --� f — �
� City of Palm Beach Gardens
APPLICATION FOR POSITIONS ON ADVISORY BOARD (S)
Ylease print in
Board(s) App
Name: (prinr�
Telephone: I
Home Addre:
C'mMr� ,
How long have you been a resident of Palm Beach Gardens? I1' VRS Palrn Beach County? % V�
� �1 '
Current Employer: ,.�,��(.F, Yosition: _���%�
/
Please attach a resume to your application or use space below to surrunarize qualifications and experience
acquired that would be helpful to the Board(s) for which you aze applying.
Special Qualifications for specific board(s) (include past board experience)
Educational Background
Community Activities (Include offices held and committee service)
Signature v --- Date Z'��o • D l
Applications are valid r two (2) years from the date they are signed. Return to City
Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. � �
c���°�ey ��p� '��..
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PRCiF�ESSOR GUY NORI�AN / veeign Coneua.can.�
B I O G R A P H Y
Guy Norman gradu<ted from :
The University of Pennsylvania
Nharton School of Business
and
Pratt Institute
School of Interior Des.ign, �.rith Honors_
Guy NoLman estaY�tished the firm of GUY NORMAN LTD., INC., aFter many
years in execut.ive capacities with major design firms in both Nev 'ia��k Cit}
and Los Angeles, eventually moving thE• firm to Fort Lauderdale, Flo�^ida_
The firm executed National and Inter-Na�ional Design/Planning projects
promotiag space utilization and the tor.al interior environment for �11
business, institutional, and public building facilities, high-end reaidenti
and reiated design services_ He has been on retainer to raany najor busines:
and corporate gr�.>ups, and has served as Continuing Design Consultanc to thi
American Management Associations, Inc.._ creating all of their instal.lation:
warld-s�ide. Mr. Norman both Wrote, an�.t chaired the A.M.A. seminar entitlec
"Office Space Planning, Layout � Design", premoted throughout this country
and abroad, and attended by Facilities Managers of most major corporat'ions
In 1488 Guy Norman made �'co�itment to the higher educational college
co�unity by accepting a positi.on as Professor of Art � Director/Interior
Design Program at the College of New J��rsey, at the same time settin,� up
a consultant practice to be of service to past clie.nts on a conti�i!.:�.ug bas
fle also spent a short period teaching .it the Bauder College, former�iy in
Fort Lauderdale�..
In 1997 Profe.ssc��- Norman left his tenured position, and taught for <. time
at the Palm Beach Community College. He plans to devote time to hi< own
consultant pracC:.ce, as well as align (�.imself with other aspects of the
design profession that are challenging, �rhere his expertise in desi�:�� aad
facilities planning adrlinisCration may be utilized.
Professor Norman is the recipie.nt of many national and regional de:-?_en awa
and is listed in both the National an�i Inte.r-National publications t�i� Baro
Who's FTho in In�erior Design. Throught.the years his work has appelred in
ma.ny trade publ:ications and articles. He may be reached as follows:
8403 EAST GARDEN OAKS CIRCLE, PALM BEACN GARDENS, FLORI.DA �34fU
TEL./FAX 561.775.0999 LIC.d399.`�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
Subject/Agenda Item:
Ordinance 49, 2002: Special Events Amendment
First Reading: A City-initiated request to amend the Palm Beach Gardens Code of Ordinances,
Chapter 78 "Land DevelopmenY', Section 187, "Special Events." The objective of the amendment is
to update and provide guidance on permit review procedures, application requirements, and general
standards for special events that occur within the City of Palm Beach Gardens.
[X] Recommendation of APPROVAL
Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ City Council Action:
(Total)
Growth Management:
Principal Planner� [ ] Approved
Talal Benoth , P Project Manager_�� /�' $ []Approved wl
City Attorn Natalie Wong, Current FY conditions
Leonard Rub'n, esq. Planner
Development . � {� [ ] Denied
Compliance_ 1 ��� !
Bahareh Kesha olfs, Advertised: Funding Source: [] Continued to:
AICP
Date: [ ] Operating Attachments:
Paper: [X] Other: N/A • Copy of current section
78-187
• Ordinance 49, 2002
• Distribution list for
comment
Submitted by:
[X] Not Required
Growth Ma a
Administrat r
Charles K. Wu, AICP
Affected parties Budget Acct.#:
Approved by: [ o�if ed [] None
City Manage X] Not required
Ronald M. Ferris
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49,2002
BACKGROUND
The proposed amendments to the Land Development Regulations will revise the existing special
events code to improve permit review procedures, application requirements, and general standards
for special events that occur within the City of Palm Beach Gardens.
DISCUSSION
The current special events code lacks a specific definition, does not address off-site signage,
imposes strict limits on the number of events per one site, and does not include a fee schedule. The
proposed changes will address these issues and will include additional details to codify a
comprehensive framework based on models from other cities, as well as the City's own experience
with past special events.
In the review of special events ordinances from several municipalities, staff has selected portions of
the West Palm Beach and Boynton Beach regulations as a guide in crafting the special events code
for the City of Palm Beach Gardens. In addition, staff received input from the City's Special Events
Coardinator, the Code Enforcement Supervisor, the City Attorney, the Community Service
Administrator, and the Assistant to the City Manager.
MAJOR CHANGES
Ordinance 49, 2002, proposes to repeal the existing special events ordinance, and adopt a new
special events ordinance that includes the following changes:
1. A new specific definition has been added.
2. The minimum advance time has been changed to allow more time for city staff to
adequately review each special event permit.
3. A specific section addressing off-premise signs has been added.
4. An indemnification section has been added.
5. Special events will now be permitted in CN zones.
6. The number of special events per year has increased from three per 12-month period to five
per calendar year.
7. Tenants, excluding sub-tenants, have been listed as a specific group that is allowed five
special event permits per calendar year.
8. Seasonal sales have been added as a specific type of special event. The length of a seasonal
sale shall not exceed 30 days, with a five-day time extension by the growth management
director.
9. The Development Review Committee (DRC) may review each special event permit at the
discretion of the special events planner. Previously, the DRC was not part of the review
system.
2
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
10. A revocation clause has been added if violations arise between the time of the approval and
first date of commencement of the event.
11. The City may deny the special permit application if conditions and requirements are not
met.
12. Each special event must be cleaned up within two calendar days.
13. A section has been added to allow special events to occur on rights-of-way without City
Council's approval. All special events occurring on rights-of-ways will be subject to DRC
review, Section 78-187 (d).
14. A special event contract may be required.
15. A fee of $50.00 is proposed for each special event. Non-profits and religious institutions
may be exempt. Currently, no fees are being charged. (The fee schedule will be presented to
the City Council at the adoption hearing of the subject text changes through a separate
Resolution.)
16. Risk management will now be a part of the distribution list.
17. An appeal clause has been added.
18. An enforcement clause has been added.
SUMMARY OF COMMENTS FROM THE LAND DEVELOPMENT REGULATIONS
COMMISSION:
The Planning and Zoning Commission, sitting as the Land Development Regulations Commission,
discussed the proposed code at a workshop on October 22, 2002, and approved the petition at a
public hearing on November 26, 2002, by a vote of 6-0.
COMMENTS FROM CIVIC GROUPS
A draft code was mailed to thirty-four (34) community groups, local businesses, churches,
governmental organizations, and all applicants who received a special event permit from the City in
the calendar year 2002. The groups varied from the Northern Palm Beach Chamber of Commerce
and the Honda Classic, to Nutrition Smart and the Palm Beach Gardens Community Church. Staff
received minimal feedback on the draft code. Two (2) groups, however, contacted the City to
request clarification on the draft code. The first group, Nutrition Smart, a local retails grocery
located on the north side of Northlake Boulevard just west of Interstate 95, expressed its
appreciation of the new code revisions and asked for clarification on minor items within the
proposed draft. The second group, the Palm Beach County Film and Television Commission,
located in West Palm Beach, called to see whether the proposed changes would affect a previously
adopted Resolution passed to allow them a"one-stop permit" program for motion picture and
television production in the City of Palm Beach Gardens (Resolution 27,1990). City staff informed
the President of the Commission that the proposed change would not interfere or conflict with the
existing agreement between the City and the Film and Television Commission.
3
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
CONSISTENCY WITH THE LAND DEVELOPMENT REGULATIONS
The proposed amendments are consistent with the Land Development Regulations. The proposed
language strengthens and clarifies the existing policies.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 49, 2002.
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 49, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE CITY CODE OF ORDINANCES BY
REPEALING SECTION 78-187, "SPECIAL EVENTS," OF
CHAPTER 78, "LAND DEVELOPMENT," AND ADOPTING A
NEW SECTION 78-187; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, City staff has initiated an amendment (Petition LDR-02-07) to the City's Land
Development Regulations amending Chapter 78, "Land Development," Section 78-187, "Special
Events"; and
WHEREAS, on November 26, 2002, the Planning and Zoning Commission, the duly constituted
Land Development Regulations Commission for the City, conducted a public hearing and
recommended approval and adoption of the subject amendments to the City's Land Development
Regulations; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest
of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. The City Council hereby repeals Section 78-187, "Special Events" of Chapter 78,
"Land Development of City Code of Ordinances," and adopts a new section 78-187 to read as
follows:
Sec. 78-187. Special events
(a�Definition. A"special event" is herebv defined as an ��temporarymeetin�, activitv, atherin�
or roup of persons, animals, or vehicles, or a combination thereof, having a common purpose,
desi n or oal upon anv public or private facilitv, street, sidewalk, allev, park, public or private area
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
or building where the special event substantially inhibits the usual flow of pedestrian or vehicular
traffic, and is not the type apnroved for, or customarily associated with the site upon which the event
is located. A special event shall include but not be limited to citv sponsored and co-sponsored
events festivals carnivals seasonal sales concerts parades walks races banner and sign exhibits
related to a special event, fund raisin� sales and similar atg herings block parties grand openin�
promotions. As used herein a"block partv" is herebv defined as anv temporar� atg herin� of one (1)
street block other than arterial or collector streets in a residential zoning district that is closed to
throu�h traffic. A maj oritv of residents must consent to closure The event must be sponsored solely
by such residents and not be for any commercial or for-profit p�pr ose
(b) Permit required or special event. No person firm group corporation or institution shall
ap rticipate in advertise for or in anv waYpromote organize control manage solicit or induce
participation in a special event unless a special event permit has first been obtained from the city as
provided herein. No person, firm group or corporation shall violate anv terms of a special event
permit issued under this article nor in any manner interfere with the proQress or orderly conduct of a
special event.
Anv person, firm, r�oup corporation or institution seeking to conduct a special event in the city shall
file a complete application for a special event permit with the special events planner as desi a�n ted by
the Qrowth mana�ement director on forms provided bv the city. Unless waived bv the r�
mana�ement director for �ood cause and for the public interest of the ci a complete application for
a special event permit shall be filed on or before the followin� deadlines nrior to the event to allow
sufficient time for the review rocess:
Expected attendance: Minimum advance time required to file:
Less than, or ec�ual to, 1,000 persons one month
1,001 to 5,000 persons two months
5,001 to 50,000 persons four months
More than 50,000 persons six months
The applicant shall provide all information solicited on the special event permit application form
unless waived by the special events planner unon finding that such information is not necessarv•
�c) Permit Requirements
�1) Authority. Notarized evidence the propertv owner/managin�agent authorizes the use of the
site for the special event reflected on the snecial event permit application
(21 Site plan. A detailed site nlan for the event including but not limited to properiv boundaries•
road access: location of trash receptacles, sanitary facilities tents or other structures• location
of rides if anplicable; location of parking• location of temporarv dwellin�s offices and
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
equipment; and proposed setbacks of activities fences tents booths etc from adjacent
properties.
(3) Statement of use. A detailed statement of use includin� but not limited to sponsorL)
vendors(s) band(s� and/ar other musical operations planned activities duration of event
hours of operation anticipated attendance temporar�li ting to be provided on-site
security, utilities, and use of generators.
�4) On-site siens. A detailed on-site si�n`plan includingproposed location number size type
copv area, �raphics, and color, including the dates of installation and removal of all si ns
associated with the event in accordance with section 78-290• Temporar�gns Banner si ns
and fla�s proposed within the si ria�eplan may be a� rp oved per the discretion of the special
events planner. No siQns shall be permitted in the safe site visibilit�triangles as described in
section 78-315 (j): Visibilit.� les.
�) Off-site signs• Any off-site si�ns including street banners pole banners flags directional
siQns related to a special event shall be illustrated in a detailed off-site sign plan that shall
indicate on a site plan the location cop�ea �raphics number size t�e and colors of all
si�ns associated with the event. Such plan shall be submitted with the snecial event permit
and approved b��the growth management director. Off-site signs shall not be vermitted on
private propertv. Off-site signs located on up blic property or ri�ht-of-way other than cit,y
propertv shall be submitted with the authorization of the an�licable agenc�
Off-site si�ns may be displaved no more than fourteen (14) calendar davs before the
scheduled event and must be removed within two (2) calendar days after the conclusion of
the event. The Qrowth management director may waive such time limitation to allow the
applicant to erect off-site signs prior to fourteen (14) calendar days to the scheduled event for
�ood cause and the public interest of the citv. No off-site signs shall be permitted in the safe
site visibilitv trian�les as described in section 78-315 (j)• Visibilit��
(6) Food service. If food service will be available at the event the applicant shall provide a
complete list of food service vendors their respective Palm Beach Countv mobile
occunational license permit if applicable Florida State health certificates and a list of the
type of food service pro op sed•
(7) Alcohol. Applicants mav provide alcoholic bevera�es in accordance with chapter 6 of the
city code: Alcoholic bevera�es provided that a copy of the permit issued from the Florida
Department of Bevera�es and Tobacco is attached to the snecial event ep rmit a�plication
(8) Insurance. The onerator of an event shall provide evidence of insurance acceptable to the city
in an amount of at least $1 000 000 00 and shall provide the citv with a certificate of
insurance showin� the citv as additional insured Events with an expected attendance over
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
10,000 peonle shall submit a certificate of insurance evidencing covera�e of at least
�2,000,000.00, with the city named as an additional insured. Proof of additional insurance
mav be reauired bv the citv. Insurance shall not be cancelled or re-issued without a 30-day
written notice to the citv.
�9) Bond. A refundable security bond or similar financial pled e acceptable to the citv will be
required at the discretion of the special events planner to ensure that an� e�is re ap ired
and the premises returned to its previous condition prior to the event includin� the removal
of anv si�ns or banners within two (2� calendar days of the event
(10) Indemnification. The anplicant shall submit an indemnification a�reement as approved by
the risk mana�er and the ci attornev includin�any and all such claims suits actions
dama�es, or causes of action arising as a result of the special event or of the condition of the
premises on which the special event is held including any personal injurv or loss of life or
dama�e to or loss of property and from and a ainst an o�r jud�ments or decrees which
mav be entered, and from and against any costs attornevs' fees expenses and liabilities
incurred in and about the defense or settlement of anv claims and the investigation thereof
(11) Other materials. Other materials and documentation as ma b�re�uired bv the owth
mana�ement director.
(d Review:
�) At the discretion of the snecial events planner snecial events permits may be reviewed by the
Develobment Review Committee (DRC) in accordance with section 78-46 (dl�A�plication.
procedures.
(2) All citv-sponsored events shall be reviewed by the community services administrator exce�t
for those events that are two (2) consecutive days in length and/or have an expected
attendance of 500 people or more in which case shall be subject to a special event permit
review.
(e) General Standards:
(1) Location. Snecial events mav occur onlv on properties possessing the followin non-
residential zoning district designations: CN CG-1 CG-2 CR P/I M-1 M-lA M-2 PCD
PDA, PO, and MXD. In residential zoning districts or residential vortions of PUDs PCDs
or MXDs, special events may occur on public or private schools churches and houses of
worship public parks and public or rivate p�ert�
(2) Duration. A snecial event shall not exceed seven (7� consecutive days The growth
mana�ement director mav authorize one (11 administrative time extension of up to three (3)
4
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
days for �ood cause and for the public interest of the cit�y event more than ten ( l OLys
in length must be submitted to the city council for approval.
Seasonal sales, includin� pumpkin sales and Christmas tree sales, shall not exceed thirty (30)
days. The �rowth mana�ement director may authorize one (11 administrative extension for
up to five (5) calendar davs based on a justification statement submitted b t�pplicant that
illustrates the extension is for good cause and for the public interest of the city. Firework
sales shall not be considered a type of seasonal sale, and are subject to duration limitations of
a regular special event listed above.
�3) Number per vear. Not more than five (5) temporarv events every calendar vear shall be held
b��a�plicant at one location, unless otherwise approved bv the city council following a
recommendation bv the growth management director. Events with 5,000 people or more shall
be limited to three (3) events per site per calendar year. No events shall occur consecutivelv,
except for those with city council approval, and if approved shall re uire a
separate permit and fee for each event.
Tenants located in commercial plazas, excludin� sub-tenants, are permitted five (5 events
per tenant each calendar year; however, this number of permitted special events shall
exclusivelv applv to each tenant, and cannot be transferred to another tenant or partv.
Citv^s�onsored and citv co-sponsored events are hereb, e�pt from the limitation on the
number of events per .��
(4) Access. With the exception of block parties, all efforts shall be made to provide vehicular
access from a collector or arterial roadwav.
(5) Tra�c control. Use of citYpolice or acceptable alternative to direct and control traffic may
be required.
(6) Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food
facilities, drainage, garbag��e and litter control, and rec ��� shall be approved b��growth
mana�ement director.
(7��liance. If a violation occurs at an event permitted bv the city, the r�
mana�ement director ma ���permits to the operator for future tempararv events for a
period of no more than ei teen (18) months.
(fl Denial of special event permit. A special event permit shall be denied under the following
conditions:
(1) The application is not complete in all material respects accurate within the knowled eg of the
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
special events planner. The special events planner mav allow for anv additional materials to
be submitted within seven (7Lavs of notification bv the special events planner.
(2) All of the conditions set forth in section 78-187 and all contractual requirements imposed by
the ci ,t� if any, have not been met.
(3) The special event will interfere with or unduly burden municipal services including but not
limited to police, fire, and emergency medical protection, water and sanitar�sewer service
and solid waste removal.
(4) The public benefit has not been demonstrated.
(5) The permit fee has not been paid.
(g) Conditions or rg antin�a _special event permit. All special event permit applications
ap rp oved pursuant to this article shall be subiect to the following conditions:
(1) The public areas utilized shall be cleaned within two (2) calendar da�p followin�ny
special event, and in all respects restored to its former condition.
(2) All city ordinances, rules or regulations applicable to the special event shall be observed
unless indicated in such section or waived bYthe growth management director for good cause
and the public interest of the cit�
(3) The special event permit mav be revoked bv the cit i�f an_v conditions listed in (fl arise
anytime after the issuance of the permit and prior to or durin tg he s�ecial event.
(h) Exemption of public right_of-way closures. Any special event or block party that is
temporarilv blockin� off, fencin� or in an�y, ap�ro�,riating an�publicly dedicated street,
sidewalk, or alley within the city for a special event or block party is hereb. e� empt from section 62-
2 of the city code of ordinances; however, such permit application shall be subject to review in
accordance with section 78-187 (d). Closure of an�public ri�ht-of-wav not within the Cit ��'s
jurisdiction shall re uq ire apnroval from the appropriate authorit�
�iLSpecial event contract and citv service fees. The cit�ma ��recLuire, as a condition of a special
event permit, that the applicant enter into a contract with the city relative to the duties and
responsibilities of the nermit holder as a condition of the special event. By such contract, the citv
shall require that the applicant pav to the city the municipal costs in providin� services in support of
the special event. The city may require that the applicant pay to the citv a user fee for the use of
public property_
�j) Police services. The police department shall review the permit application and assess the
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49, 2002
need for police services. If police services are required the applicant will be informed of such and
will take the responsibilitv for contacting the police departrnent directiv The applicant is responsible
for the cost of these services. The police chief or his/her designee is the final authority on the need
for nolice service, includin� the number of officers required and the hours assigned
(k) Fire rescue services/emer�cy medical services The fire rescue department shall review the
permit anplication and assess the need for iire rescue services andlor emergency medical services If
such services are required the applicant will be informed of such and will take responsibility for
contacting the fire rescue department directiv The applicant is responsible for the cost of such
services. The fire chief or his/her desi�nee is the final authoritv on the need for fire rescue and/or
emergency medical services.
(1) Community services. The communitv services department shall review the permit and assess
the need for community services If services of the department are required the applicant will be
informed of such, and will take the responsibilitv for contactin� the communitv services department
directiv. The apulicant is responsible for the cost of such services. The public works mana eg r or
his/her designee is the final authority on the need for public works services.
�) Appeal of permit application. T'he applicant ma�ppeal, bv written request the denial of a
special event permit to the citv mana�er's office or designee within ten (l0�vs of the growth
mana�ement director's decision. The written request shall specificallv state what portion of the
denial is bein�appealed. The cit�manager's office shall have thirtv (301 days to make a decision
and to notifv the applicant. The city shall reserve the right to char�e a non-refundable filing fee to
offset all, or a portion of, the costs involved in handlin t�appeal.
�n) Enforcement. Any violations of an�provision of this article shall be enforced by the code
enforcement snecial master consistent with section 78-741(b) of the municipal code.
SECTION 3. It is the intention of the City Council and it is hereby ordained that the provisions of
this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, and that Sections of this Ordinance may be renumbered or relettered and the word
"Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to
accomplish such intention.
SECTION 4. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to
the extent of such conflict.
SECTION 5. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of this
Ordinance than can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
7
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 49,2002
SECTION 6. This Ordinance shall become effective on the day of adoption.
PASSED, FIRST READING this day of , 2002.
PASSED, SECOND READING this day of , 2003.
PASSED, ADOPTED AND APPROVED this day of , 2003.
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE
as to form.
LEONARD RUBIN
CITY ATTORNEY
AYE NAY ABSENT
E:
Sec. 78-187. Special events.
(a) Special euents. The growth management director may approve a special event adver-
tised to both residents and nonresidents. Such events may occur for one or more days, and
include but are not limited to outdoor festivals, craft shows, carnivals and eimilar outdoor
amusements, plant sales, paradea on public rights-of-way, seasonal sales af inerchandise
including fireworks and Christmas trees, concerts, and any other event opened to and expected
to attract both residents and nonresident.
(b) Location. Special events may occur only on properties poasesaing the fallowing nonres-
idential zoning district deaignatione: CG-1,.CG-2, CR, P/I, M-1, M-lA, M-2, PCD, PDA, PO,
and MXD, In residential zoning dietricts, or residential portions of PUDs, PCDs, or MXDs,
gpecial events raay occur on public-serving properties which are the sites of public or private
schools, churches and houses of worship, or public parka or public�property.
Supp. No. 10
CD78:179
� 78-167 PALM BEACH CiARD�N� OOIIB
(c) Dwcratinn. A special event ahall not esaeed eeven aon�eautivs daya. The growth
management director may authorize one administrative tinse extenaion of up to three days.
Any eve�t more than ten daye in length ehall be �ppro�ed by the eity council.
(d) Number per year. Not more than three temporary events in any 12-month period ahalj
be held on the same lacation, unlese otherwiee appraved by the city council foAowing a
recommendation by the growth management direetor.
(e) Compliance. If a violation occurs at an e�ent permitted by the city, the growth
management director may deny permita to the operator for similar temporary events for a
period of not mare than 18 montha.
(� Review. Tkie growth management director may require review of a temporary event
peranit by the development review committee or other memb�re of city ataff.
(g) General standards. Temporary special events shall comply with the standards listed
below.
(1) Access. Vehicular access &om a collector or arterial roadway shall be provided. Access
from a local street is protubited.
(2) Setbacks. `I`he ininimum setbacks indicated in Table 22 shall apply to all parking
areas, mobile homes or similar temporary dwellings or offices, tents, mechanical
devices, carnival rides, and animals associated with such activities:
Table 22: Minimum Setbacks for Special Events
Note:
'��et,baeks to be measured frorn aativit� or �otau�tiea to �.e�rest t�+e�ida�tia�
property line if event is located with�n a rsride�tiai �P�,�g d;strict.
(3) Traffic control. Use of city police or acceptable alternative to direct and cantrol traffic
may be required.
(4) Sanitation. Plans for sanitation inclt�di�g t�n�vr�.y �ab%i�r-no� #'aa!aiiities, �:p.ec�iou of
€�ad faci�iiies, drainage, and garbage �a�d �it�ier ��r;�?�, s�a� i�.� �rawv,ad by �e
grow�h ma�l.agement director.
Sugp. iato. �9 C�'�$:�,�Q
m
LAND DEVELOPMENT § �g-lgg
(h) Application requirements. The information Listed below may be required by the growth
management director as part of a requeat for approval of a temporary event.
(1) Authority. Evidence the property owner authorizes the use of the site for a special
event.
(2) Site plan. A general site plan for the event, including property boundariea, road acceae,
location of tente or other etructurea, location of tides, location of parking, location of
temporary dwellings or ofi'ices, and propoaed setbacks of activities, tenta, booths, etc.,
from adjacent properties.
(3) Statement of use. A general statement of use, including but not limited to sponsor,
planned activities, duration of event, houra of operation, anticipated attendance,
temporary lighting to be provided onsite, security, utilities, and use of generators.
(4) Signs. A general sign plan, including propoaed number, size, location, and dates of
installation and removal of all signs associated with the event.
(5) Other materials. Other materials and documentation as may be required by the
growth management director.
(i) Surety. The growth management director may require the operator of an event to post a
cash aurety, or other form of security, to provide funds to cleanup or othervRise mitigate a site
following a temporary event.
(j) Insurance. The operator of an event shall provide evidence of a general liability policy in
an amount of at least $1,000,000.00, with the city named as an additional insured. Proof of
additional insurance may be required by the city.
(k) Authorization. The growth management director shall issue written approval for a
temporary special event, including any conditions or restrictions placed on the proposed
activities.
(Ord. No. 17-2000, § 100, 7-20-00)
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TO
DATE
CITY OF PALM BEACH GARDENS
MEMORANDUM
North Palm Beach Chamber of Commerce
Arti Gras
Christ Fellowship
Trinity United Methodist Church
St. Ignatius Cathedral
Amara Shrine Center
St. Mark's Episcopal Church
Church in the Gardens
Howard Alan Events
Meridian Park H.O.A
Palm Beach County Sports Institution
Cosmos Street Neighbors
A.A.A. Automobile Club
Happy Holiday Seasonal Sales
Catalfumo Construction Company
Neighbors of Dogwood Avenue
American Cancer Society
Publix
Albertson's
Winn-Dixie Stores
Frenchman's Reserve
The Sport's Authority
Phillip Morris Management Corporation
The Knights of Columbus Council
Home Depot, Crossroads at Northlake
Nutrition Smart
P.B,G. Elementary School
Timber Trace Elementary School
Paddy Mac's
Broken Mold Promoters
Palm Beach County Film and Television
Palm Beach Gardens Medical Center
October 29, 2002
THROUGH: Charles K. Wu, Growth Management Director (iu"`� "
FROM
Natalie Wong, Planner /,%/L�
SUBJECT: Special Events Draft Code
An advanced copy of the proposed special events code modifications is being provided to
you for your information and review. These modifications will repeal the existing code,
and will attempt to provide new clear and comprehensive guidance on the permit review
procedure, application requirements, and other general standards for special events that
occur within the City of Palm Beach Gardens.
The proposed draft code has been reviewed once as a workshop item by the Planning and
Zoning Commission, and is tentatively scheduled for a Planning and Zoning public
hearing on Tuesday November 26th, 2002.
We welcome any comments or suggestions you may have. As such, please submit any
comments prior to November 8th, 2002 to:
Natalie Wong, Planner
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
Tel. 561.799.4299
Fax. 561.799. 4281
Cc: Ron Ferris, City Manager
Mayor & City Council
Charles K. Wu, Growth Management Director
Ann Schilling, Public Information Specialist
Len Rubin, City Attorney
Attachments:
1. Draft Code
�
'� ��,
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 51, 2002
Subject/Agenda Item:
Ordinance 51, 2002: PUD Amendment for Shell Gas Station at 4445 PGA Boulevard
City Council First Reading: A request by Jason Perry of MDM Services, on behalf of Henry Miller, to
amend the Shell Station Planned Unit Development (PUD) in order to change the color of the building
elevations & signage at the existing gas station. The applicant is proposing to paint the canopy,
building, and trash receptacles with a new color; and to replace the existing monument and canopy
sign. The 0.52-acre site is located at the northeast corner of PGA Boulevard and Military Trail.
[X ] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: � Originating Dept.: Costs: $ Planning and Zoning
Principal Planner Growth Manageme (Total) Action:
Talal Benothma , P Project Manager�
City Attorney Brad Wiseman [] Approved
Development Compliance
,�,$ � � � $ [X ]Approved w/
Current Funds conditions
Bahareh Wolfs, AICP
` . [ ] Denied
Advertised: [] Funding Source [] Continued to:
Date: [ ] Operating Attachments:
• Table 1
[ ] Other � Table 2
• Waiver Justification
� Ordinance 51, 2002
Paper: Palm Beach Post
Submitted by: [X] Not Required
Gr h Management
��1�.
Charles K. Wu, AICP Budget Acct.#:
Department Director Affected parties
Approved by: [X] Notified [ ] None
Ron erri City Manager [] Not required
� �
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 51, 2002
BACKGROUND
The Planning and Zoning Commission, sitting as the Site Plan and Appearance Review Committee,
approved plans for a BP oil station for this site on August 4, 1982. In 1994, the City Council
approved Resolution 35, 1994, granting a landscape variance due to Florida Department of
Transportation modifications to Military Trail. On April 26, 1994, the Site Plan and Appearance
Review Committee approved an amendment to the elevations and color changes to the gas station to
reflect the name change to Shell. In 1997, the City Council approved Ordinance 18, 1997, providing
for a rezoning to Planned Unit Development (PUD) Overlay, renovations to the existing station &
signage, and convenience sales as an accessory use.
The current petition is considered a PUD amendment because the applicant is proposing changes to
the approved building elevations and signage. Section 78-49 (b) (10) of the City's Land Development
Regulations requires that the City Council give final approval following a recommendation from the
Planning & Zoning Commission.
LAND USE & ZONING
The subject site has a future land-use and Vision map designations of Commercial. The site is zoned
Planned Unit Development Overlay with an underlying zoning of CG-1 (General Commercial). The.
site is located within the PGA Boulevard Overlay Corridor.
Please see attached Table 1 for details on the surrounding properties.
PROJECT DETAILS
Buildin� and Canopy Color Scheme:
The canopy fascia and spandrels are proposed to change from gray with a yellow band to white, as
depicted on sheet A-1 attached. The building, canopy columns, and trash receptacles will be painted
white with a twelve-inch gray band at the bottom as depicted on sheet A-1 attached. The proposed
colors of the building and canopy are white and gray earth tones, and are similar to the colors of the
adjacent Gardens Square shopping center and First Union (Wachovia) building.
Signa�e Chan�
The current canopy sign will be replaced from white to red, and will be backlighted with neon. The
height of the letters is 19.6 inches. The sign is in compliance with Section 78-285 of the City Code
requiring letters to be no larger than thirty-six (36) inches. The proposed monument sign is a total of
56 square feet and will consist of a 3-foot off-white solid base with a yellow Shell logo on a white
2
�
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 51, ZOOZ
background. The proposed gasoline price sign is integrated into the monument sign and will consist of
a changeable copy with yellow numbers on a gray background. The monument sign is in compliance
with Sections 78-285 and 78-287 of the City Code.
Please see Table 2 attached for details of project consistency with City Code requirements.
CONSISTENCY WITH PROPOSED ARCHITECTURAL DESIGN GUIDELINES FOR
NONRESIDENTIAL DEVELOPMENT
The wall sign is consistent with Section 4.1.1 of the proposed Design Guidelines, which states that a
preferred type of a wall sign may consist of individually backlit channel letters.
The monument sign is consistent with Section 4.1.2.1 of the proposed Design Guidelines, which states
that a preferred type of a monument sign be compatible with the building design. The proposed colors
of the monument sign background and base are white and gray, respectively, which are consistent
with the colors of the proposed building and canopy elevations.
CONSISTENCY WITH SECTION 78-221: PGA BOULEVARD CORRIDOR OVERLAY
Note d.2.c. of Section 78-221 of the City Code states that the redevelopment of projects need to
preserve and enhance the existing visual character of the corridor, which the proposed amendment
attempts to achieve by:
A. Changing the color of the building and canopy to white with a gray band, which would be more
aesthetically pleasing than current color of dark gray with a yellow band. This change is
consistent with this standard, given the color and exterior texture of surrounding buildings
(please see Table 1); and
B. Installing the new monument sign, which would improve the visual character of the affected area
of the corridor.
Note h.l.b of Section 78-221 of the City Code states that all building facades visible from public
rights-of-way and adjacent properties be designed to create a harmonious effect with its surroundings.
It also states that one of the ways harmony can be achieved is through building colors. The proposed
amendment is consistent with this standard because it is compatible with the surrounding buildings.
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 51, 2002
LIGHTING CONCERNS
The on-site lighting at the station currently does not meet code in two areas: a.) the foot-candles are
43.8, exceeding the required 10 foot-candle maximum; and b.) lighting causes a glare to passersby on
PGA Boulevard and Military Trail. The applicant is willing to recess the lighting into the canopy and
to reduce the maximum foot-candles to 32.1. A waiver request has been submitted to allow for the
foot-candles to exceed the code requirement (see attached).
PLANNING & ZONING COMMISSION RECOMMENDATION
The Planning & Zoning Commission held a public hearing on September 24, 2002, and recommended
approval with the condition that the on-site lighting meet City Code requirements. The proposed
amendment, although an improvement, will not meet the City Code requirement of ten (10) foot
maximum candle levels. This waiver is typically requested by gas stations, drive through drug stores
(Walgreens 27.0 foot-candle levels), and fast food restaurants. For example, the Speedway Service
Station located on PGA Boulevard �was granted a waiver to allow for one hundred (100) foot-candle
levels. For the Council's information, the proposed ordinance includes this waiver.
STAFF RECOMMENDATION
The proposed colors demonstrate harmony with each other while maintaining enough contrast to
create visual interest, and are compatible with the surrounding area. Staff recommends approval of
Ordinance 51, 2002, and the foot-candle waiver.
�
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 51, 2002
� �� � �` � ` : .., `����j� _ � : TABLE 2 �� zy� �' �' , ���,
�� �� � �� � CUNSTSTENCY WITH TI3E CaDE� , '��� r�
��.... �.� .���...��.. > �� .. �..K_ .._.�.._�. �..
Code Requirement Proposed Plan Compliance?
__ _
Wall Sign 5 Red Channel Letters Yes, City Code
Back lighted w/neon Section 78-285 requires
Height: 19 5/8 inches signs to be no larger than 36
Length: 119 inches inches in height
Area: 16.16 feet
Monument Sign Square feet: 56 Yes
Base not including sign: 3 feet Yes
Setback: 15 feet from R-O-W Yes
Brad/PUD-02-09 stf pz PHear.doc
Attachments
,-
MDM Central Florida
3708 DMG Dr.
Lakeland, FL 33811
863/846-9130
863/648-1106 FAX
email: mdmeng�gate.net
MDM South Florida
1412 SW 34th Ave.
Deerfield Beach, FL 33442
ssaa2�-so�s
95M427-3420 FAX
email: Ibmeng � aol.com
MDM Attanta
921 Faulkner Lane
Ball Ground, GA 3ot07
770/345-3960
770/345-3961 FAX
email: mdmsvs�aol.com
MDM Texas
1000 Post & Paddock
suite 100
Grand Prairie, TX 75050
972/206-2202
972/602-8482 FAX
email: matmdmbc�aol.com
MDM SE._ �ices, Inc.
Engineering and Environmental
November 12, 2002
City of Palm Beach Gard�►s
10500 N Military Trail
Palm Beach Gardens, FL 33410
RE: Lighting Waiver Request
Shell Station
4445 PGA Blvd
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City of P.D. Gardens ;;',
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DEPARTMENT
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On behalf of Motiva Enterprises LLC we would like to request a waiver to excced the cities
lighting standard of a maximum of 10 ft candles. The existing sight has nine pole lights and
fifteen canopy lights. Per the request of the planning and wning board we are reducing the light
levels on site. Unfortunately we do not agree with the 10 ft candle maximum and are therefore
requesting a waiver. In order to improve site conditions we are willing to replace the fifteen
existing canopy lights with new recessed lights with 175 watt bulbs instead of the e�cisting 250
watt bulbs. This as you can see this will reduce the light levels on site as well as reduce the glare
&om the station for drivers on Military Trail and PGA Blvd.
Waiver Criteria:
1) The request is consistent with the city's comprehensive plan.
The site is akeady not consistent with the city's comprehensive plan we are bringuag, the
station further into compliance by lowering the light levels to a reasonable level and
reducing the glare from the canopy lights. Any further reduction in lighting might m�ke
the site unsafe for pumping gas at night. Especially so close to a major interstate (I-95).
2) The request is consistent with the purpose and intent of this section.
This request makes the site more compliant with the city code and decreases the glaze
for passing motorists while maintaining high enough light levels on site to keep
customers safe while pumping gas.
3) The request is in support of and furthers the city's goals, objectives, and policies to
establish development possessing architectural significance, pedestrian amenities
and linkages, employment opportwnities, reduction in vehicle trips and a sense of
place.
This section is not applicable to our application beyond the repainting of the building
approved by the planning and zoning board. Although the reduced light levels may
reduce the number of trips to the station because not as many people will notice that it is
there.
4) The request demonstrates that granting of the waiver will result in a development
that ezceeds one or more of the minimum requirements for PUD s.
This is an existing site that we are trying to improve with a reimage to Shells modified
color and signage scheme and in the process the light levels on site have become an
issue. We are proposing to reduce the non-conformity with the code, but not completely
remove it.
5) The request for one or more waivers results from innovative design in which other
minimum standards are egceeded.
• Civil Engineering • Building Design • Permitting • Geotechnical • Environmental Assessments, Remediation • Construction Management
��
Again this is an existing non-conformity, which is being reduced at considerable
expense to the owner. Our proposed changes improve conditions on and off the site.
6) The requesb demonstrates that granting of the waiver will result in preservation of
valuable nataral resources, including environmentally sensitive lands, drainage and
recharge areas and coastal areas.
Not applicable. This site is already fully developed and the waiver will have no effect
on any of the aforementioned items.
� The request clearly demonstrates public benefits to be derived, including but not
limited to such benefits as no-cost dedication of ROW, eztensions of pedestriaa
linkages outside of the project boundaries, preservation of important natural
resources, and use of desirable architectural, building and site design techniques.
The public benefits derived from this application are a freshly painted building with
recessed lighting under the canopy to reduce glaze to pedesMans and motorists at night.
8) Sufficient screening and buffering, if required, are provided to screen adjacent uses
from adverse impacts caused by a waiver.
There is akeady thick vegetation and screening between this parcel and its neighbors and
the reduction of on site light will lower existing adverse impacts.
9) The request is not based solely or predominantly on economic reasons.
This request is made for public safety as well as economic reasons. The safety of
motorists at the intersection will be improved by the fact that the lighting will no longer
blind them.
10) The request will be compatible with e�sting and potential land uses adjacent to the
development site.
T'he existing area around the area is commercial and the e�cisting gas station is quite
compatible with the rest of the area.
11) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that suc6 waiver will not be injurious to the
area involved or otherwise be detrimental to the pnblic health, safety, and welfare.
The request will actually improve the safety of motorist's offsite while maintaining the
safety and welfare of customers on site.
I hope that this letter has satisfied your requirements and if you have any further questions or
comments feel free to contact me.
Sincer ly,
son Perry
Permitting and Engineering Support
�
Date Prepared: November 27, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 51, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT FOR THE PGA SHELL SERVICE STATION
LOCATED AT 4445 PGA BOULEVARD TO ALLOW COLOR
CHANGES TO THE BUILDING ELEVATIONS AND NEW
SIGNAGE; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR A WAIVER; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has received an application (PUD-02-09) from MDM Services,
agent for Henry Miller, for the approval of color changes to the existing service station
and the addition of a new monument and canopy sign located at the northeast corner of
Military Trail and PGA Boulevard, as more particularly � described in Exhibit "A"
attached hereto; and
WHEREAS, Ordinance 18, 1997, approved a rezoning of the subject site from General
Commercial (CG-1) to Planned Unit Development (PUD); and
WHEREAS, the subject parcel is currently zoned Planned Unit Development (PUD)
Overlay with an underlying zoning of General Commercial-1 (CG-1) and has a future
land-use designation of Commercial (C); and
WHEREAS, the applicant is seeking one (1) waiver as part of the Planned Unit
Development amendment; and
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is consistent with the City's Comprehensive Plan and Land
Development Regulations; and
WHEREAS, on September 24, 2002, the Planning and Zoning Commission
recommended approval of the proposed amendment; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby approves a Planned Unit Development
amendment for the purpose of color changes to the existing building elevations and
replacement of the existing monument and canopy sign for the Shell Service Station
located at 4445 PGA Boulevard, as more particularly described in Exhibit "A" attached
hereto and incorporated herein.
SECTION 3: Said site plan approval shall comply with the following conditions that
shall be binding upon the applicant, its successors, assigns, and/or grantees:
1.) No additional signage or banners shall be installed on site without City approval
(Planning & Zoning).
2.) The lighting source from the canopy shall be recessed so that there is no off-site
glare or lighting spillover into PGA Boulevard and Military Trail (Planning &
Zoning).
SECTION 4: The City Council hereby approves the following one (1) waiver for the
Shell Station Planned Unit Development with this approval: �
1.) A waiver from Section 78-182 (�(4) of the City Code, which requires a maximum
of 10.0 foot-candle level. The applicant proposes a maximum foot-candle level of
32.1. The waiver is approved for an additional foot-candle level of 22.1. ,
SECTION 5: Said approval and construction shall be consistent with plans filed with the
City's Growth Management Department as follows (dates represent the date the plans
were received and stamped in):
1.) Site Plan by MDM Services, sheet C-1 (1 sheet total), dated September 10, 2002.
2.) Building Elevation Image Upgrade by MDM Services, sheets A-1 (2 sheets total),
dated September 9, 2002.
3.) Shell Signage- Equiva by Boca Signs, 1 sheet, dated September 10, 2002.
4.) Photometric Lighting Plan by MDM Services, sheet PH-1 (1 sheet total), dated
November 12, 2002.
2
SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 7: Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to
be invalid, such declaration shall not affect the validity of the remainder of this
ordinance, but only that part declared to be invalid.
SECTION 8: This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 19th DAY OF DECEMBER 2002.
PLACED ON SECOND READING THIS DAY OF 2003.
PASSED AND ADOPTED THIS DAY OF 2003.
[THIS SPACE IS 1NTENTIONALLY LEFT BLANK]
3
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MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST BY:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
AYE
4
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
LEONARD G. RUBIN
CITY ATTORNEY �
NAY ABSENT
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EXHIBIT A
LEGAL DESCRIPTION�
A PARCEL OF LAND IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, MORE PARTICULARIY DESCRIBED AS
FOL�OWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 1;
THENCE RUN S88'10'S6"E ALONG THE SOUTH LINE OF SAID SOUTHEAST t/4 FOR A
DISTANCE OF 60.00 FEET TO A POINT; THENCE RUN NO2'09'41 "E FOR A OISTANCE
OF 59.64 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CO�lCAVE TO THE WEST;
THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 22,g7g.31
FEET, THRU A CENTRAL ANGLE OF 00'21'22", FOR AN ARC DISTANCE OF 142.85 FEET
TO THE POINT OF BEGINNiNG; THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE,
THRU A CENTRAL ANGLE OF 00'22'33", FOR AN ARC DISTANCE OF . i 50,70 FEET TO A
POINT; THENCE RUN S62'07'27"E FOR A DISTANCE OF 168.76 FEET TO A POINT;
THENCE RUN S02'09'41 "W FOR A DISTANCE OF 150.00 FEET TO A POINT; THENCE
RUN N62'07'27"W FOR A DISTANCE OF 167.18 FEEf TO THE POINT OF BEGINNING.
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NOTE
LIGHT IEVEL �A1A DBTAINED FROM LIGHTING
Sl1R�EY PERFOFME� AUGUST 24, 2002.
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Remove existing sign and replace with
New Standard National Shell Product
EXISTING'SIGN'AREA
Shell 17'sq. ft.
ETD 10.14 sq. ft.
Price 19.77 sq. ft.
TOTAL 46.91, sq., ft.
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Price 16, sq.'ft.
TOTAL 32, sq., ft.
TOTAL PROPOSED-SIGN'STRUCTURE
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Total' allowable' is, 6Q Sq, Ft.
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 52, 2002
Subject/Agenda Item:
Ordinance 52, 2002: Non-Commercial Messages
City Council First Reading: A City-initiated request to add a new section to the sign code of the
Land Development Regulations entitled "Non-Commercial Messages." The objective of this
amendment is to correct disparity in the sign code, if any, as it relates to the regulation of commercial
and non-commercial speech.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: ,(� Originating Dept.: Costs: $ P&Z Commission Action:
Principal Planner �cV Growth Management (Total)
Talal Benotlunan, AICP Project Manager_Q ,L,/
Brad Wiseman,
Planner
Ciry Atto y [ ] Approved
Leonard bin, esq
$ [ ]Approved w/
Development �'� � Current FY conditions
Compliance � �
Bahareh Keshavarz-Wolfs, [ ] Denied
AICP
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other • Ordinance 52, 2002
Submitted by: [ X] Not Required [] None
Growth Ma g e Affected parties
Administrat r i �] Notified Budget Acct.#:
Charles K. u, AICP
[ X ] Not required
Approved by r
City Mana r _
Ronald M. Fe 's
�
.•
r
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 52, 2002
BACKGROUND:
The City currently has a zoning in progress for Division 6. "Signs" of the Land Development
Regulations in order to address non-commercial messages. The objective of this amendment is to
avoid a constitutional challenge that has been raised by representatives of the billboard industry.
Section 78-284 (b) of the City's Land Development Regulations prohibits all off-premise signs,
including billboards.
By contrast, non-commercial signs such as political campaign and free speech signs are allowed in
accordance with Table 25 "Temporary Signs" of the Land Development Regulations. Other
municipalities in the State of Florida have used similar prohibition to deny billboard permits. Once
denied, billboard organizations, such as Florida Outdoor Advertising Inc., have filed lawsuits against
municipalities alleging that the sign code treats non-commercial and commercial speech differently.
Below is a brief summary of the litigation involving the Cities of Boynton Beach, Delray Beach,
Deerfield Beach, Clearwater, Wilton Manors, and Boca Raton.
Bovnton Beach
Florida Outdoor Advertising Inc. had filed permits for billboards with the City of Boynton Beach,
which were denied by City staff. Florida Outdoor Advertising Inc. filed a lawsuit against the City.
The court ruled Boynton Beach's sign code unconstitutional as it pertains to its prohibition of
billboards. Its sign code treated commercial and non-commercial speech disparately. Off site
political signs were allowed, but not off site commercial signs. Florida Outdoor Advertising Inc. was
then permitted to install billboards in accordance with the Florida Department of Transportation
regulations. Since then, the City has adopted a sign code that regulates outdoor signs based on their
size, location and aesthetics rather than on their message.
Delrav Beach
The City of Delray Beach recently entered into an agreement with Florida Outdoor Advertising Inc.,
because its attorneys felt their sign code had the same disparities as the Boynton Beach's code.
Delray Beach did not address billboards in its sign ordinance and its code was not content neutral.
Much like Boynton Beach's code, non-commercial speech had greater protection than commercial
speech. Delray Beach came into an agreement to allow for two (2) of the seven (7) billboard permits
that were filed.
Deerfield Beach
The City of Deerfield Beach entered into a settlement agreement on March 10, 2000, with Street
Information Systems Inc. (S.I.S.). The agreement was reached in the United States District Court far
the Southern District of Florida. This ageement allowed S.I.S. Inc. to install seven (7) double-sided
billboards along the I-95 corridor. This suit was also based on constitutional infirmities in the City's
sign ordinance regulating signs in effect at the time S.LS. submitted permit applications.
Clearwater
The City of Clearwater was involved in a lawsuit with Granite State Outdoor Advertising, a billboard
2
i�
, �
Date Prepared: November 27, 2002
Meeting Date: December 19, 2002
Ordinance 52, 2002
provider, concerning the constitutionality of the City's sign code. This case has proved the most
favorable to a municipality in Florida. Instead of ruling that the entire sign code was
unconstitutional, a United States District Court judge ruled that just the section be stricken from the
code.
Wilton Manors
The City of Wilton Manors also had its entire sign code deemed unconstitutional because of
language related to commercial and non-commercial speech. Instead of appealing the decision, the
City reached an agreement to install one (1) tri-faced billboard along I-95. Over eight (8) billboard
permits were originally submitted to the City.
Boca Raton
The City of Boca Raton is currently in federal court with Florida Outdoor Advertising Inc. defending
its sign code as it pertains to non-commercial/commercial speech concerning First Amendment
violations. One (1) billboard permit was submitted to the City.
LANGUAGE TO BE ADDED
In order to correct any disparity, if any, in the sign code relating to commercial vs. non-commercial
content, the staff is proposing Ordinance 52, 2002, which is identical language adopted for the
Northlake Boulevard Overlay Zoning District.
LAND DEVELOPMENT REGULATIONS COMMISSION RECOMMENDATION
The Land Development Regulations Commission held a public hearing on November 26, 2002, and
voted to recommend approval of the proposed amendments.
STAFF RECCOMENDATION
Staff recommends approval of Ordinance 52, 2002.
3
�
ORDINANCE 52, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDEN5, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE PALM BEACH GARDENS CODE OF
ORDINANCES BY AMENDING CHAPTER 78, "LAND
DEVELOPMENT," ARTICLE V, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 6. "SIGNS," BY
ADDING SECTION 78-291 "NON-COMMERCIAL
MESSAGES"; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 26, 2002, the City's Planning and Zoning Commission, sitting as
the Land Development Regulations Commission, recommended approval of an amendment (LDR-
02-09) to the City's Land Development Regulations by adding a new section, 78-291, entitled "Non-
Commercial Messages"; and
WHEREAS, the City has received public input and participation through public hearings
before both the Land Development Regulations Commission and the City Council; and
WHEREAS, the City Council determines that the adoption of the text amendment to the
City's Land Development Regulations is in the best interests of the residents and citizens of Palm
Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The foregoing "WHEREAS" clauses are herby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. Section 78-291 of Article V of Chapter 78 the Code of Ordinances of the City
of Palm Beach Gardens, Florida, is hereby added to read as follows (added words underlined):
Section 78-291 Non-commercial messa�es.
Notwithstandin� an, hin� in this article to the contraiy, an�sign erected pursuant to the provisions of
this article may, at the option of the a�licant, contain either a non-commercial message unrelated to
the business located on the premises where the si� is erected or a commercial messa�e related to the
business and located on the business premises pursuant to the followin�re�ulations:
(a) The non-commercial message ma,��y the entire sign face or portion thereof.
(b) The sign face mav be chan�ed from commercial to non-commercial messa eg s as
fre�uently as desired by the owner of the si�n, provided that the following is true:
(1) The size and desi�n criteria conform to the a�plicable �ortions of this
Ordinance 52, 2002
Meeting Date: December 19, 2002
Date Prepared: November 27, 2002
Petition LDR-02-09
aTilCle;
(2) The sign is allowed by this article;
(3) The si�n conforms to the requirements of the applicable zoning desi agn tion;
and
(4) The appropriate permits are obtained.
(c) For the purpose of this Sign Code, non-commercial messa�es shall never be
deemed off-premises.
Sees.78-292-78-300. Reserved.
SECTION 3. All ordinances and resolutions of the City, or any part thereof, which are in
conflict with this Ordinance, are hereby repealed to the extent of such conflict.
SECTION 4. If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid by a court of competent ju'risdiction, such invalidity shall not affect
other provisions or applications of this Ordinance that can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 5. It is the intention of the City Council and it is hereby ordained that the
provisions of this Ordinance shall be made a part of the Code of Ordinances of the City of Palm
Beach Gardens, Florida, and that the sections of this Ordinance may be renumbered or relettered and
the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order
to accomplish such intention.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 19th DAY OF DECEMBER 2002.
PLACED ON SECOND READING THIS DAY OF 2003.
PASSED AND ADOPTED THIS DAY OF 2003.
[THIS SPACE IS INTENTIONALLY LEFT BLANK]
E
�
m
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST BY:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
AYE
3
Ordinance 52; 2002
Meeting Date: December 19, 2002
Date Prepared: November 27, 2002
Petition LDR-02-09
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
LEONARD G. RUBIN
CITY ATTORNEY
NAY ABSENT
�: : EN � i' � , I , �u.1' i�lif � G ,,
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Source: Ci[y o[ Palm Beach Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02
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Source: Ci[y o[ Palm Besch Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02
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Source: Ci[y o[ Palm Besch Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02
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Source: Ci[y o[ Palm Besch Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02
Please Print
,r —
Name:
COMMENTS FROM THE PUBLIC
Request to Address City Councii
��
Address: t � � � 5���'� �%G r�'l �---
c�ty:
��1-+- Cvnl� �S �..- 33 � c
Subject: �� 1����'� r
6aY-qc�3a
Members of the pubiic may address the City Council during the "Comments by the Pubiic"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
�
Name: � � �
Address:
COMMENTS FROM THE PUBLIC
Request to Address City Council
� � ��
,
�� �� � �
City:
Subject: ��'�% �.��K `-'�'v� � � � �°C'
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print
Name:
COMMENTS FROM THE PUBLIC
Request to Address City Council
,s � ' % �
, A - �:. �d� , .�
�j �
/ /' i,
Address: ��b �i� �"��'`�- �� �.� ,�� �;i�
City: ;✓�� ���,s. �-� -'_� �� �-���,. � � , _ � � ���'' �'
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� �./� ��r�_C� �/ j� o �y� O i �f^.i,
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Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Plea:
Nam�
Addr
City:
Subject:
COMMENTS FROM THE PUBLIC �� �
Request to Address City Council �-Z �"�'�--
! � �
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
�
0
,
�it of Palm Beach Gardens
y
� �.1 a
:
.� �, �,� ya
�-�-
'�Mayor Jablin
Council A enda
�
December 19, 2002
Council Chambers
10500 N. Military Trail
Palm .Beach Gardens, FL 33410
�Vice Mayor Sabatello
�Council Member Clark
X Council Member Russo
l��i ��( �7 : �l ��.�
�Council Member Delgado �
0
:�
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
December 19, 2002
7:00 P.M.
� I. PLEDGE OF ALLEGIANCE
� II. ROLL CALL
✓ III. ADDITIONS, DELETIONS, MODIFICATIONS:
� IV. ANNOUNCEMENTS / PRESENTATIONS:
✓ V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
� VI. CITY MANAGER REPORT:
;/ a. Mayors Golf Tournament Scholarship Presentation.
� VII. COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please
submit request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
�aSS..�
� b a. Consideration of approving Minutes from the November 21, 2002 Regular
City Council Meeting.
b. Resolution 221, 2002 — Ageement with Bellsouth. Consideration of
accepting a proposal from Bellsouth to provide equipment and installation
for the upgrading of the City's Telephone System.
c. Resolution 224, 2002 — Evergrene PCD-Plat 4(Parcel 3) Subdivision Plat.
Consideration for approving the Evergrene PCD-Plat 4 Subdivision Plat.
r
IX.
��S.�-S
� �!a'
�����
'� -�
d. Resolution 229, 2002 — Approve appointment of two (2) members to the
Board of Trustees of the City of Palm Beach Gardens Police Officers'
Retirement Trust Fund. Consideration for approving the appointment of
two (2) members to the Board of Trustees of the City of Palm Beach
Gardens Police Officer's Retirement Trust Fund.
e. Resolution 230, 2002 — Contract with Hardrives, Inc. Consideration for
approving an agreement with Hardrives, Inc. for the widening of the EPB-
3D Canal within Pine Tree Boulevard right-Of-Way.
PUBLIC HEARINGS:
a. Ordinance 43, 2002 — Submitting to Referendum an Amendment to
Article VI of the City's Charter (Second Reading). An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article VI � of the City Charter,
"Administration as Council-Manager Form of Government," by amending
Section 6-1, "City Manager," to remove unnecessary language regarding
the appointment persons to act on the City Manager's behalf in the event
of absence or disability, to delete the residency requirement and
procedures for removal or suspension and to allow the City Manager to
appoint and remove Department Heads, including the City Engineer,
execute contracts as prescribed by the Council and exercise powers
consistent with the Council-Manager form of government; providing for
the title of the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date.
b. Ordinance 44, 2002 — Submitting to Referendum an Amendment to
Article VI of the City's Charter (Second Reading). An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article VI � of the City Charter,
"Administration as Council-Manager Form of Government," by amending
Section 6-2, "City attorney," to allow the City Manager to hire the City
attorney and determine the City Attorney's compensation and benefits and
to clarify that the City Council or the City Manager may hire additional
Special Counsel to serve as Legal Advisors; providing for the title of the
referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
1
,�
c. Ordinanc� 45. 2002 — Submitting to Referendum an Amendment to
r Article VII of the City's Charter (Second Reading). An ardinance of the
�s�� City Council of the City of Palm Beach Gardens, Florida, submitting to
�f referendum an amendment to Article VII of the City Charter, "Merit
J�� C System," by amending Section 7-2, "Personnel System," to allow the City
Manager to adopt, regulate and maintain a personnel system and to
remove the requirement that the personnel system be adopted by
ordinance; providing for the title of the referendum ballot and explanatory
statement; providing for advertising; providing for codification; providing
for conflicts; providing for severability; and providing for an effective
date.
�
pQ�rr�f
� �D
"s
Ordinance 46 2002 — Submitting to Referendum an Amendment to
Article�VIII of the City Charter (Second Reading). An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article VIII of the City Charter,
"Department Heads," by deleting Section 8-1, "Salary, Duties, Powers and
Complaint," as unnecessary and obsolete; providing for the title of the
referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
e. Ordinance 47, 2002 Submitting to Referendum an Amendment to Article
��,SS�� IX of the City's Charter (Second Reading). An ordinance of the City
Council of the City of Palm Beach Gardens Florida, submitting to
�f� referendum an amendment to Article IX� of the City Charter,
"Appointment, Powers and Duties of City Officers," by amending Section
9-1, "Powers and Duties of the Mayor," to delete any reference to the
"Chief Executive Officer" and to clarify the Mayor's duties consistent
with the Council-Manager form of Government; providing for the title of
the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date.
f. Ordinance 48, 2002 — Submitting to Referendum an Amendment to
Article XVIII to the City's Charter (Second Reading). An ordinance of
��5�� the City Council of the City of Palm Beach Gard �n�s, Florida, submitting
to referendum an amendment to Article XVIII of the City Charter,
l�� "Ordinances and Resolutions," by deleting section 18-1, "Meeting and
Procedure of City Council," and Section 18-3, "Posting or Publication of
Ordinances," as obsolete and inconsistent with Florida Statutes; providing
for the title of the referendum ballot and explanatory statement; providing
for advertising; providing for codification; providing for conflicts;
providing for severability; and providing for an effective date.
:i
�
g. Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of Retail
� (Second Reading) (Continued from 12/OS/02 City Council Meeting).
�� An ordinance of the City Council of the City of Palm Beach Gardens,
� Florida, providing for approval of an amendment to the Oakbrook Square
'I � Shopping Center Planned Unit Development (PUD) by adding a new
6,000 square-foot retail building alongside U.S. Highway One and
renovating the existing buildings, located at the northeast corner of PGA
Boulevard and Highway U.S. One, as more particularly described herein;
providing for waivers; providing for conditions of approval; providing for
conflicts; providing for severability; and providing for an effective date.
���- h. Ordinance 42, 2002 — Old Palm Community Development District
(Second Reading). An ordinance of the City Council of the City of Palm
��Q Beach Gardens, Florida, establishing a Community Development District
over the real property described in exhibit "A" to this ordinance
comprising approximately 651 acres; naming the initial members of the
Board of Supervisors of the district; establishing the name of the district as
the "Old Palm Community Development District"; designating the powers
of the district; providing for conflicts; providing for severability; and
providing for an effective date.
i. Ordinance 50, 2002 - Extension of Build Out Dates for Development
��� Orders (Second Reading). An ordinance of the City Council of the City of
( Palm Beach Gardens, Florida, Extending the Expiration Dates for
�� Approved Development Orders for Planned Unit Developments, Parcels
within Planned Community Districts and Site Plans expiring prior to
January 1, 2003 to December 31, 2003; providing for conflicts; providing
for severability; and providing for an effective date.
X.
��,5�
� ��
����
i.�,.0
RESOLUTIONS:
a. Resolution 222, 2002 — Approve Final Cost Quote and Construction
Documents for the Municipal Complex Outdoors Artwork by Costas
Varotsos. Consideration for approving the final price quote and
construction documents for the fabrication and installation of an outdoor
sculpture designed by Costas Varotsos.
,
b. Resolution 227, 2002 — Crossroads Out Parcels Build-Out Revisions and
Offsite Landscaping. Consideration for providing for amendments to
Conditions 2 and 3 contained within Resolution 101, 2002, relating to the
build-out date and the timing of installation of right-of-way landscaping,
and modifying the approved landscape plan for the "Northlake Commons"
(F/K/A "Crossroads at Northlake") Shopping Center, located at the
southeast corner of Interstate 95 and Northlake Boulevard.
c. Resolution 228, 2002 — Calling for Referendum Election on March 11,
��,1.� 2003. Consideration for calling a Referendum Election on March 11,
2003, to decide whether a majority of the electors participating in said
��� Referendum are in favor of amending the Charter of the City of Palm
Beach Gardens, Florida.
��,sS�` d. Resolution 231, 2002 — Appointment to the Art Advisory Committee.
, V,�t Consideration of providing for the appointment of one (1) alternate
��� member to the Art Advisory Committee of the City of Palm Beach
Gardens.
XI.
��
��
� �
� �N
�'`��Ci�
�
��
P
,�,C�
�A;,p:�
�-�
ORDINANCES: (For Consideration on First Reading)
a. Ordinance 49 2002 — Special Events. An ordinance of the City Council of
the City of Palm Beach Gardens, Florida, providing for an amendment to
the City Code of Ordinances by repealing Section 78-187, "Special
Events," of Chapter 78, "Land Development," and adopting a new Section
78-187; providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
b. Ordinance 51, 2002 — Shell Gas Station PUD Amendment — Sign & Color
Changes. An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for the approval of an amendment to the
Planned Unit Development for the PGA Shell Service Station located at
4445 PGA Boulevard to allow color changes to the building elevations
and new signage; providing for conditions of approval; providing for a
waiver; providing for conflicts; providing for severability; and providing
for an effective date.
c. Ordinance 52, 2002 — Sign Code Amendment Non-Commercial Messages.
An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, providing for an.amendment to the Palm Beach Gardens Code of
Ordinances by amending Chapter 78 "Land Development," Article V,�
"Supplementary District Regulations," Division 6, "Signs," by adding
Section 78-291 "Non-Commercial Messages"; providing for conflicts;
providing for severability; providing for codification; and providing for an
effective date.
XII. ITEMS FOR COUNCIL ACTION:
XIII. ITEMS FOR DISCUSSION:
XIV. CITY ATTORNEY REPORT:
�
0
J
XV. ADJOURNMENT
- __
il�
In accordance with the Americans with Disabilities Act and Florida Statute 86.26,
persons with disabilities needing special accommodations to participate in this
proceeding should contact the City Clerk's Department, no later than S days prior to
the proceeding at telephone number (561) 799-4120 for assistance; if hearing
impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800)
955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by
the Council, with respect to any matter considered at such meeting or hearing, they will
need a record of the proceedings, and for such purpose, they may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
,�.
sa�r �'m e�,c e�o, �a
TO:
DATE:
� � � �` ��/�l
�
CITY OF PALM BEACH GARDENS
MEMORANDUM
Mayor and Councilmembers
December 19, 2002
THROUGH: Ron Ferris, City Manager
FROM: Charles K. Wu, Growth Management Director �'� `�"� C�
SUBJECT: MISC-02-32 Northlake Commons — Revisions to Resolution 227, 2002
Attached, please find a copy of the revisions to the proposed Resolution 227, 2002, for
petition MISC-02-32 Northlake Commons. City Staff was notified by the Northlake
Boulevard Overlay Task Force Consultant, Patrick Cunningham, that it is the intention of
the Northlake Boulevard Task Force to install the entire Northlake Boulevard Landscape
Plan as one project. In order to accommodate these requirements, the conditions of
installation and maintenance had to be modified for the Northlake Commons project.
In addition, the Landscape Plan was revised to accommodate comments from Seacoast
Utility Authority.
C: Patricia Snyder, City Clerk
Talal Benothman, Principal Planner
Kara Trwin, Senior Planner
�
��,
Resolution 227, 2002
Before•
SECTION 2: Said site plan approval shall comply with the following condition, which
shall be binding upon the applicant, its successors, assigns and/or grantees:
(1) Prior to the build-out date of December 31, 2006, the applicant, successors or
assigns shall, in conjunction with and subject to the approval of the Florida
Department of Transportation and Palm Beach County, install and maintain
landscaping along the eastern road shoulder of the Interstate 95 off-ramp onto
eastbound Northlake Boulevard, and median of Northlake Boulevard between
Roan Lane and Sandtree Drive, and that area of the southern road shoulder of
Northlake Boulevard not previously landscaped due to its location within the
limits of the I-95 improvement project. (Planning and Zoning)
After:
SECTION 2: Said site plan approval shall comply with the following condition, which
shall be binding upon the applicant, its successors, assigns and/or grantees:
(1) Prior to the build-out date of December 31, 2006, the applicant, successors or
assigns shall, in conjunction with and subject to the approval of the Florida
Department of Transportation, install and maintain landscaping along the eastern
road shoulder of the Interstate 95 off-ramp onto eastbound Northlake Boulevard.
(Planning and Zoning)
(2) Prior to issuance of the first Certificate of Occupancy or Certificate of
Completion, the applicant shall pay the City the cost of landscape and irrigation
installation for the median and southern roadway shoulder within Northlake
Boulevard between the Interstate 95 off-ramp and Sandtree Drive based on the
Michael Reed and Associates Northlake Boulevard Landscape Plans dated
November 22, 2002. In the event that the City of Palm Beach Gardens, or another
entity, forms a special district pertaining to the landscape and maintenance of
Northlake Boulevard, then the applicant, successor or assigns shall automatically
become a member of such special district. This condition may be amended at any
time by a separate agreement between the applicant and the City of Palm Beach
Gardens. In the event a special district is not created, the City of Palm Beach
Gardens reserves the right to bill the applicant, successors, or assigns for their fair
share of the maintenance of the aforementioned Northlake Boulevard right-of-
way irrigation and landscaping.
C�
Before•
SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read .as
follows:
(2) The build-out date specified for this project is December 31, 2006 T'°�°m'�°r �,
,
��. For the purposes of this condition, the project shall be considered built-out
when all infrastructure is in place, certified bv the engineer-of-record and
accepted bv the City En�ineer, and all common landscaping, with required
irrigation is installed, certified by the landscape architect-of-record and accepted
by the City Forester.
�A�--}28'k'6LC6�'.rcruv�26ir�ii��iu°c�ic%cr- •,�cs aEt� ,;+1,,•,,♦ "� +;,"„
o.,�e„ �:,,,,
�c�vxr.
(3) Prior to the issuance of the first Certificate of Occupancy or Certificate of
Completion, the applicant, successors or assigns shall, in conjunction with the
County_ , install and maintain landscaping '
ri�-'�*� ��,•,^" r^�� °;*°"���+;�r�: alon� the southern road shoulder of Northlake
Boulevard between Interstate 95 and Sandtree Drive, outside of the I-95
expansion project limits�,�e�e��e�a��t�,�*�� °G ���'r��„ �„*�
�
u,,.,., r.,�o ,,,,a c,,.,a�,.00 r.ri<.o � the event that the City of Palm Beach Gardens,
or another entity, forms a special district pertaining to the landscape and
maintenance of Northlake Boulevard, then the applicant, successor or assigns
shall automatically become a member of such special district. This condition may
be amended at any time by a separate agreement between the applicant and the
City of Palm Beach Gardens.
After:
SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read as
follows:
(2) The build-out date specified for this project is December 31, 2006 n�� ��r�
��. For the purposes of this condition, the project shall be considered built-out
when all infrastructure is in place, certified bv the engineer-of-record and
accepted bv the Citv Engineer, and all common landscaping, with required
irrigation is installed, certified by the landscape architect-of-record and accepted
by the Citv Forester. ,.r,. �.,,;�a;,,,� �a,.,�,;+� ., „�oa . ,;��, *�,;� ao.,o��r,..,,o„� ,,,.aa,.
=ru»� :�'�''Z.O.�-,�
(3) Prior to the issuance of the first Certificate of Occupancy or Certificate of
Completion, the applicant, successors or assigns shall, �„ �r�*��r ����*'� *'�°
Ee�y_ , install and maintain landscaping '
�
: alonQ the � eastern road shoulder of
Sandtree Drive; °^�+°� �a
;
oa;.,., „� �.r,,..«t,�.,vo a,,,,�o.,.,,.a t,o+.,.00� n,,,,r r., .,,� e.,�a+,.00 r�,.:..o r„ �t,o
> >
�
�k@-���E-&Ti�-Sl�EE2Ss6�-A%ciS''al�-�'�-c'1��6ii��c^^�u�v°vcvTrrc-cc-nzcrixvci-vi �uvn
s�ee-�-�ts���e��+;,,,, . i.e o.,aoa .,+ i... ����
Before:
SECTION 5: Said approval and construction shall be consistent with plans filed with the
City's Growth Management Department as follows:
1. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5.
2. November 27, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1
through 5.
3. November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SP1 through
SP4.
After:
SECTION 5: Said approval and construction shall be consistent with plans filed with the
City's Growth Management Department as follows:
4. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5.
5. December 5, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1
through 5.
6. November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SPl through
SP4.
Date Prepared: December 2, 2002
Date Revised: December 19, 2002
Page 1
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 227, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO
CONDITIONS 2 AND 3 CONTAINED WITHIN RESOLUTION 101, 2002,
RELATING TO THE BUILD-OUT DATE AND THE TIMING OF
INSTALLATION OF RIGHT-OF-WAY LANDSCAPING, AND MODIFYING
THE APPROVED LANDSCAPE PLAN FOR THE "NORTHLAKE
COMMONS" (F/K/A "CROSSROADS AT NORTHLAKE") SHOPPING
CENTER, LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 95
AND NORTHLAKE BOULEVARD; PROVIDING FOR REVISED
CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (SP-02-32) from Woolbright
Development, Inc., requesting amendments to the previously approved Resolution 101, 2002, to 1)
modify the specified build-out date for the project, 2) modify the timing of installation for required
landscaping within the Interstate 95 off-ramp and Northlake Boulevard rights-of-way, and 3) modify
the approved landscape plan due to retention area modifications, for the "Northlake Commons"
(f/k/a "Crossroads at Northlake" Shopping Center), located at the southeast corner of Interstate 95
and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, on July 18, 2002, the City Council approved Resolution 101, 2002, to allow for the
elimination of 36,500 square feet of previously approved, unbuilt square footage, the addition of 600
square-feet to a previousty approved 5,000 square-foot out-parcel, the addition of 8,000 square feet
to the major anchor tenant area, to allow for modifications to the parking lot, to allow for an
additional entrance from Northlake Boulevard, and to allow for fa�ade renovations; and
WHEREAS, the Growth Management Department has reviewed said application and determined that
it is sufficient and consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, THAT:
�'
Date Prepared: December 2, 2002
Date Revised: December 19, 2002
Page 2
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution.
SECTION 2: Said site plan approval shall comply with the following condition, which shall be
binding upon the applicant, its successors, assigns and/or grantees:
(1) Prior to the build-out date of December 31, 2006, the applicant, successors or assigns shall,
in conjunction with and subject to the approval ofthe Fiorida Department of Transportation,
install and maintain landscaping along the eastern road shoulder of the Interstate 95 off-ramp
onto eastbound Northlake Boulevard. (Planning and Zoning)
-(2) Prior to issuance of the first Certificate of Occupancy or Certificate of Completion, the
applicant shall pay the City the cost of landscape and imgation installation for the median
and southern roadway shoulder within Northlake Boulevard between the Interstate 95 off-
ramp and Sandtree Drive based on the Michael Reed and Associates Northlake Boulevard
Landscape Plans dated November 22, 2002. In the event that the City of Palm Beach
Gardens, or another entity, forms a special district pertaining to the landscape and
maintenance of Northlake Boulevard, then the appIicant, successor or assigns shall
automatically become a member of such special district. This condition may be amended at
any time by a separate agreement between the applicant and the City of Palm Beach Gardens.
In the event a special district is not created, the City of Palm Beach Gardens reserves the
right to bill the applicant, successors, or assigns for their fair share of the maintenance of the
aforementioned Northlake Boulevard right-of-way irrigation and landscaping.
SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read as follows:
(2) The build-out date specified for this project is December 31. 2006 T'°^°m'�°r �, ,�nn�. For
the purposes of this condition, the project shall be considered built-out when all
infrastructure is in�lace, certified by the en�ineer-of-record and accepted by the City
Engineer, and all common landscaping, with required irrigation is installed, certified bv the
landscape architect-of-record and accepted bv the City Forester. '`T^ '�..:'a;r� „°�;+�
.;.t,,,,,+ ., �,� .;,,..o o,,.o„�;�.,
(3} Prior to the issuance of the first Certificate of Occupancy or Certif cate of Completion, the
applicant, successors ar assigns shall, ��� ���J�• �*�^r , r;*� *�° r�„�+�� �^a +�,v c..,*o r,n-r
,
install and maintain landscaping �� +'�° �"�.�.;^^ riR�+� ��'.,,^�. ��'��' �;*°L'^� ��_�: alon
the s� eastern road shoulder of �^ °���'eti ^r�����=,—n=r�� "�
Sandtree Drive; eas�er-rr�e�d-s�e���-e� 7�r�� �*^ ���'��„ra ,•r°,�� �
; .
, ,
Date Prepared: December 2, 2002
Date Revised: December 19, 2002
Page 3
.
Y.
� �
SECTION 4: Said approval shall be consistent with all presentations made by the applicant or
applicant's agents at any workshop or public hearing.
SECTION 5: Said approval and construction shall be consistent with plans filed with the City's
Growth Management Department as follows:
1. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5.
2. December 5, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1 through 5.
3. November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SP 1 through SP4.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict. All provisions of Resolution 101, 2002 not expressly modified herein shall
remain in full force and effect.
SECTION 7: If any clause, section, other part or application of this Resolution is-held by any court
of competent jurisdiction to be unconstitutionai or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 8: This Resolution shall become effective immediately upon adoption.
[This space intentionally left blank.]
PASSED, A.DOPTED AND APPROVED this
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
� approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Date Prepared: December 2, 2002
Date Revised: Decembe.r 19, 2002
Page 4
day of , 2002.
MAYOR JABLIN
AYE NAY ABSENT
EXHIBIT A
(ATTACHED)
Date Prepared: December 2, 2002
Date Revised: December 19, 2002
Page 5
1 , .� ,�
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TO
DATE
CITY OF PALM BEACH GARDENS
MEMORANDUM
Mayor and City Council Members
December 19, 2002
THROUGH: Ron Ferris, City Manager
FROM: Charles K. Wu, Growth Management Director ��m�C' e-�
SUBJECT: Old Palm Golf Club CDD Revision to Ordinance 42, 2002
The purpose of this memo is to advise you of a change to Section 3 of Ordinance 42,
2002, for Old Palm Golf Club CDD.
The last sentence of Section 3 has been deleted to clearly indicate that the City gives
consent for its own approval, and does not give approval on behalf of other agencies.
REVISION TO ORDINANCE 42, 2002
BEFORE
SECTION 3: The external boundaries of the District shall be as depicted on the
location map attached hereto and incorporated herein as Exhibit "B." The City
agrees that the District may undertake projects outside District boundaries that
are required by development approvals and permits applicable to land within the
District boundaries. In furtherance thereof, the developer of the land within
the District may assign its obligations under such development approvals
and permits to the District, subject to consent requirements by the agency
issuing the said development approvals and permits.
AFTER
SECTION 3: The external boundaries of the District shall be as depicted on the
location map attached hereto and incorporated herein as Exhibit "B." The City
agrees that the District may undertake projects outside District boundaries that
are required by development approvals and permits applicable to land within the
District boundaries. �^ {���her�r�i.e fhere�f' fhe i+level�r�ar ��*he I�nr1 ��iifhin
,
�nrl r�°r�+�+ i���n ; ���l+iei.+ t� ��nc•en+ rerr��irnmer+fc h��_ihe �+ryenn�
ur►cr�v
�i
Ordinance 37, 2002
Before:
SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit
development shall be in compliance with the following plans on file with the City's
Growth Management Department:
1. Cover Sheet CVS, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site
Parking Details SP-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor
Plan A-1, Proposed Roof Plan A-2, Proposed Exterior Elevations A-3, Existing
Retail Building West Elevation and Proposed West and South Elevations A-1,
Existing CourtyardlRetail Building Elevations A-2 dated October 28, 2002, by
William Hamilton Arthur Architect, Inc.
2. Landscape Plans LA-land LA-2 dated October 28, 2002, by Dixie Landscape.
After: ( New language is double underlined.l
SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit
development shall be in compliance with the following plans on file with the City's
Growth Management Department:
1. Cover Sheet CVS, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site
Parking Details 5P-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor
Plari A-1, Proposed Roof Plan A-2, Proposed Exterior Elevations A-3, Existing
Retail Building West Elevation and Proposed West and South Elevations A-1,
Existing Courtyard/Retail Building Elevations A-2 dated December 16. 2002, by
William Hamilton Arthur Architect, Inc.
2. Landscape Plans LA-land LA-2 dated December 16, 2002, by Dixie Landscape.
.
_ ; . , . , ,,,�. �„
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i-- -- --
�ING DETAIL
N.T.S.
N.T.S.
- - -- --_- -- , � �
�.� , �l ����
Eric Jablin
Mayor of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens
FI 33410
Ref: Resolution 230-Widening of Cana( EPB-3D.
Dear Mayor.
November 19, 2002
There was not enough explanations given at the last Garden Woods City Hall meeting and I
believe the widening of canal EPB-3D has the most expensive approach.
At a cost of $ 73,000,00 the City will dig a new canal with two slopes next to the actual EPB-3D
canaL Later on Catalfumo will dig the remaining dirt in between the two canals eliminating 2
slopes. This operation is very e�cpensive for the City and I believe does not make any sense.
1) Catalfumo should dig his northern part of the canal first and then the City should do there
digging of Pine Tree Blvd. If using the same contractor for both works at the same time it
would probably be less costly.
2) There is no planned flood water retention lake in parcel SA like the "The Isles" (just north of
Plat 4) where the City asked the property owner for more retention lakes and did cost Divosta
Company $ 1,000,000,00 in (ost sales. Atl the planned Corporate buildings in parcel SA will
bring much flood water to this sensitive area. The actual lake on parcel SA proved to be
insuf�icient in the bie flood of 1995 affecting 2/3 of houses in Garden Woods includin�
mine. As far as I know the only planned change in parcel SA will be a transfer of dirt dug at
the eastern end of the lake to fill an area at the western end of the lake needed for a roadway.
This operation wil( not increase the lake capacity. That lake is a drainage lake and not a
retention lake.
3) The City should ask Catalfumo to do the comp(ete widening of the Canal EPB-3D at no cost
to the City. With no new retention lake in his parcel SA (one was origina(ly planned at the NE
corner of that parce() the flood water from parcel SA will go directly into �the enlarged canal.
Because the City Council is supposed to vote today on the $ 73,000,00 appropriation funds for the
widening of the canai EPD-3D I would like to suggest that you postpone the deal pending further
discussions with Catalfumo of which I would be glad to participate. It should not delay the
widening operation much longer.
Sincerely, �
, �l3�--
Roger B gy
I 1658 Hemlock stre
Palm Beach Gardens
F133410
-'Dec 19 02 10:41a Michelle LeTellier
� : De�-1A-2002 IO:OAa� From-GREENBERG ?RAURIG PA 5fi16556t12
� � . . �� �a��/a� 68EEN8EB�
� � .rv�aM��� .r �.r
�
t�flUHl6
Transmittal Cover Sheet
TO
Name: Lconard Rwbin, Esq.
Company: Ci�y Anomey
Wa�trrson & Hylar�d, P.A.
Fax No.: (561) 627-5600
PhoneNo.- (561)627-5000
Name:
Comp�ny:
Fax No_:
Phone No.:
Name;
Company.
Fax No..
Phone No.:
Name:
Company :
Fax No.:
Phone Nn.:
(5611 799-4111 p.l
T-865 P 001/OD2 F-4A1
Name: Talal Benothman
Company: Ciry of Palm Beac:h Gardens
Fax No.: (561) 799-41 ] 1
Phone No.: (561) 799-4233
Name:
Company:
Fax No..
Phone No.:
Name:
Company:
Fax Nn..
Phone No.:
Name:
Company:
Fax No__
Phone No.:
FROM Michael J- Sabatello
Filr Number 54175.O1O100 (Old Palm CAA}
Golqmeo�s Gentleman, [here is one clarificacion wc would like to make to seciion 3 ofthe Old Palm
CDD ordinence. Kindly consiJer [he attaehed change to etarify that the petitioner and ihe
Old Palm CDD do not have to appear before �he Ciry Council ag•ain in order to assign
applic�bte off-site road permits to �he CDD. T'hank you.
Date
Time
No. Pagea
December 19, 2002
9:18 AM
lncluding this cover shee[ 2
Please notify us irnmzcliately if not received properly ai 561-650-�900.
Tne �nfoimauon cor��nea u� m�s vensmasion �o artorney prrv�lepea ana eonfAenoat It �s intenaeq onq tor tne �se ot u+e
ina�v�ouai or enury namea aoare. if ine reaaer ot m,s me�aage is noi uie moenaea rec�p,eni. you are hereDy noufeq ►nat
any a�5sem�ndl+Or1, 0�67�ou1ion pr cnpy w mis canmuNCa�ion �s su�CS�y ptwlioioso. �f you have rc���o �n�s conununiWbon
�n ertor, plea9e n4Uly w cmmeaately oy telepl�ane coltea ana rewm v►e onpinat messago w us at me aotires� oetow �a
me u.S. Pw9pI 5en�ce. wa wN� reimourse rov !or your poais9a. Thanh yo�.
T77 Souri� Flapler tkive, S�tKe 300 Eas� Wsst PaNn 9eaeh. FbrtOa 3Ss01 (561) 65a79D0 F
�
e►iv Q: �B.G.
DEC 19 20�?
• �3dfYl���
'ZONlN�
' Dec 19 02 10:42a Michelle LeTellier (561) 799-4111
Dec-IA-2U01 t0:0Aan Froa-GREENBERG TRAURIG PA 5616556222 T-865 P.002/002 F-441
�sdioancr a3,20U2
6. The area tha[ will be Served by the District is amenable to separate specia!-
district govemment.
WHEREAS, ihe City Council determines that the adoption of this Ordinance is in the
best �nterests nf the c�tixens and residents of the City of Palm Beach Gardens.
NOW. Th1EREFORE. BE IT ORDAIN�D sY THE CITY COUNCIL OF THE CIN 4F
PALM BEACH GARDENS, FLORII}A, THAT:
SECTION 1: The foregoing "WHEREAS' clauses are hereby ratifred and confirmed as
being true and oorrect and are hereby made a specific part of ihis Ordinance upon
adoption hereof.
S�CTION 2: The Petition to establish the Otd Palm Commuhity Development District
over the real pro�erty described in Exhibit "A" attached hereto. which was filed by
Communiti�s Fillance Company, LLC, and which Petition is on file ac the Office of the
City Manager, is hefeby granted_ The name of the DistrlC[ shan ne the `Ola Palm
Community �evelopment District."
SECTION 3: The external boundaries of the District shali be as depicted on the bcation
map attached herew and incarporated herein as Exhibit 'B." The City agrees that the
Districc may undettake pr4jecis outside pistrict boundaries that are required t�y
devetopment approvals and perrnits applicabte to tand within the Districe boundaries. In
furtherance thereof, the developer of the land within the DisVict may assign i[s
obligatio�s under such development approvals and permits to the District, subjea to
consent requirements by the agency issuing the said development approvals and
permit� �y..i {h�M. � C :a�.�, ...�:. c.+,. ce.� sc..+i- : �s her�s� q'. �n�� _
�
SECTION 4: The initial members of the Board ai SupeNisors shau ee as fol�ows�
MiKe Millard
Roger Dysss
Candace Jorfitsma
.1onn Gora
John Ferry
11631 Kew Gardens Avenue� Suite 201
F'alm Beach Gardens, FL 334t0
11631 Kew Gardens Avsnue, Suite 201
Patm Beach Gardens. FL 3341�
i 1631 Kew Gardens Avenue, Suite 201
Palm �each Ga�dens, FL 33410
� 1631 Kew Garoens Avsnue, Suite 201
Paim Beach Gardens, FL 33410
24301 Walden Center prive
Bonita Springs. FL 34134
�
p.2
Dec-19-2002 03:18pe
From-Ruden McClocky
��- ►��'���a
Ru aEN
MCCLOSICY
S M ITH
SCHU5T��2 &
RUSSELL, P.A.
DATE:
FROM:
FIi.E NO.•
NUM$ER OF PAGES:
gS'
5618323036
�ACSIMILE COVER SHEET
December l4, 2002
sa�se M. seiglc
36956-0003
� (Including this Cover Fage)
T-514 P_001/003 F-383 .
+ ��vt.,C.c
�
2Z2 LAI�VIEW nVENUE
sv�� eoo
WESi PALM BEACH, FL�RIDA 334D1-6112
t56i)83b4St3
FAX: 4561) Sl;-3�t3
S1fSANSEICLE�RU DEN.COM
RECEIVtU
�I`i�l MANAGER'S OFFIC�
DEC 19 20Q2
if tbere sre any problems ar complicarions, please nafify ns ioumediate� at (561} �3&4SOQ.
TO:
COMZ'.A,NY:
FAX 1Y0.:
TO:
CO�PANY:
�'A�J� �Q-:
Ro� �+'e�ris, Ciiy Man�ger
Citq of Palm Beach Gardeas
799-�ill
Lconard Rubin� Esq.
Watterso�, Hyiand � Klett
627 56t11}
C4MI�NTS: Please see letter o� e�ver date M Attorney uSkip" SmitL.
Ti1[ INFOCtMATtON CONiAII�ED IIi THiS FACSiMLLE A!L•SSACE IS wiIORNEY !'RIVQ.6GED AND CONFIDFNTiAI. IIdFO1tMATION
IIiI'ENDID ONf.Y FOR'�E 4sb OF 7HE QJDIVIDUAL OR F13TRY NA1�D ABOVF iF'�:1e xFnDL•R Or•'nitc MESSAGL• IS NOT'�
tNTENDkn REGr�vY', YOU wRE ��1tEBY NO'�7ED itawr wivY tuS3�nalZiwT1017, III3T&�V1ION OR COP'Y OF 'fF�S
C011�1dUNIGATIdAt 15 STR[CfLY PRWilHI7�_ ff YOU HAV'E RECENID'i�.5 COt�9NUNlCA'[[ON R'z kJ�R074 �tiSL i�N►H[pL�'tEt.Y
NOl'ffY i}S BY TECEPetONE (tF LONCa DISTklZf� Pi:EItSE CALL CO�CTJ �D XtZUitct � ORIGQikL 2�49Affi 'FO t)S wT '1'f�
I1ROvL 11DORfiSS ViA 7iiEU.S. POSTAL St�RViCE. "CHrIaG YOU.
WPB�1.4739T�T WP6:14739T_t
Dec-16-2OD2 03:18pe From-Ruden �IcClosky
RLJ D EN
MCCt�s�c�r
5 n�ttT'N
5CHU5T�R &
RUSSELL, P.A.
�� ��►.cs](Iv�E (ss�) ��-as$�
AND BY R�GU�..A,R U�. MA�IL
D. Ct�lver "Stag" Smith, I�, �sq-
Northbridge Cent�re, Su�te 401
515 North Flagler Drave
West Paim Beach, FL 3�401
b61B323036
December 19, 2002
T-51d P_OOZ/003 f-383
22z tAl�Vlfw wvEtv�E
suti� aw
�NESF PALM BEACH, F1,pBIpI� 334p1�i112
z€E�e�N�: �s6�► e3e.asao
F�tCSIMtIE: (561{ S1�-3413
E-Mwll: SuSwN.�IGLE�RUDEN.C�t
4YRI'fEA'S DItdFET 41NE: l5411838-45i3
Re: City of Palm Beach Gardens vs. MacArtk�ur �oundation, Sankers Life and Casualtv etc.
Deaz Mr. Smith:
I have reviewed your e-mail message from this moming, as well as a transcription of the
voice-rnail message yo� left to Lee Worsham �arlier today. AdditionalIy, Lee in�'orms me that
you have now nuade a co�tero�'er o� b�al#' c�f �+ou�r clients and t3�e Banice�rs defendat�ts that is
significantly diffezent than what we discussed yesterday. It is ap�arent that any "deal" we
thought we may lxave h,ad yestexday is off the table. The City rejects your counteroffer.
Ac�o��agly, we are nQt. gaing to the �ity Caun�i� foz a��r�vak � a�ythi�g at t�is junctwre. By
copy of rhis letcer, I am informing our mcdiator, Lawrence Watson, that there is no agreement.
�e � rat�er disapp�xn#ed with wha# h�s ocCttmed this mom�s�g, as beginnin� last night,
Mr. Ferris expended time and effvrt m�eeting with various city offieials to explain the paramete�s
af what we felt was the settlement. We are further disappointed witti what transpized at
mediatiog. �Ve came: ta �nediatiaa yestaFday in goQd �aith, and were te�i� to s,pend the e4fire
day attexnpting to obtain resolution o�'tlxis case. As a public entity, we were not obliged to bring
someone witii final settleme�►i authoriry, as that is vested in the City Couneil. Rather, we are
flb�i$ated tQ brin� sameone whc� is authorized to negotiate, and �+ho wili v�e �is best efforts to
get any proposed settlement ap�roved by the City Cowncil. Mr. Ferris, as Ciiy Manager, was ttze
appropriate represez�tative to bring to mediation. Fw�ther, we we�� there prepazed to spend
whatev�r time it taak tv try ta res�alvc th�s case. '
On rhe other hand, the representative of your client initially planned to leave on an
aitplane that left at 3:30, which would require him to leave mediation by half past one. This
i�dicates to us #hat he vv�s o�ly gIa��ng vn being ther� for at�ut one-}�f of the allocated fu11
day of inediation. Additionaaly, I understand that Mr. Mintz did nwt have full authoriity to settle
this� ma�ter on beh�tf of tbe Mae�ur Defendant,_ � fnd it scxxmev�hat disirkgenetous thaf yau
previously asked me who was attcnding mediation an be�alf of the City, and with what
authority, and then you yowseif bmught someons io mediati�n who did nvt �ave fiill authoxity,
FORT UUDERDALErMIAMt.NAPLFS■PORiST. 6UGIf�SAftASdTA�ST. PE7ERSBVRG�TALIAHASSEE�TAMPA�WEST PALM BEACH
�-18-2G02 03;18rm� f rom-Ruden 1�tiesky �6i9323036 T�14 A-00310D3 F383
Pag� 2
�nnd who vYas not comuniited to spending the allocated time attempting to reach resolution. I am
uexy d�appc�i�ted, but �i paYti.cularly s��sed.
We must now be�ir► to prepare �in eamest for tria]. I have prev�ously �orwarded a
I�Fosed �r�tri�i stig�atia� and �:�st tbat you i�mediately prav�ict� yc� ccr�aments. � witl
�lso need your wimess and .exhibit lists, and wi�l �ax mine to you later this afternaon so that you
can u�terpose �ay objec#ions yQU �%em apprc►pziate.
You have unitaterally set the depasitian �� Bobbi Heratcovich without clearing the date
with eithez me or Lee. That is unacceptab�e, and I do not beIieve tbat date will be appropriate. I
will be atcending the depositiun, and I have to have a minor surgical proced�ue perforrned on
�ecembc;r 3l, 2UO2. I had piann►ed Qn recuperatimg the remainder of the week, And da not wish
to att�mpt to travel an that week�nd, Please ad`rise immediately whether you will caacel this
deposition, oz whether Y witl be forced ta file a motion for prvtective order. You had plenty of
opportur�ity to have h�r; deposition earlier, aad because of your own recalcitrance, it did not
occur. We u►ill resist any ef%rts f� t�is depasition to go forcvard.
'Vexy wly yours,
Ri1UEN, McCI.43SI�Y, Sl'+�ITH,
�CIiiJS'�'ER & R�.7SS£LL, P.A.
-�-�' �-���-r.,�, �.�
.- �
�
Susan M. Seigle
cc: Roa Ferris
E. Lee Wozsham, Esq.
T..eonard Rubin, Esq.
J. Ross Forma�r, �sq.
Lawren� �. Watsijn, Jr.
J�S�C
Palm Beach Gardens City Hall Art
Working Budget as of 121512002
ren ice Varotsos Project
Sculpture
Cate o Item . 3 (Exterior) Budget Total
Artist Contract
Artist fees $0 $75,000 $75,000
Artist Material Costs $0 $90,000 $90,000
Subtotal $60,000 $165,000 $225,000
Art Task Force Art Bud et Initial Allotment $50,000 $300,000 $350,000
5-23-02 Estimated Cost of Pro'ect artist fees + Task Force cost $60,000 $200,000 $260,000
12-05-02 Estimated Cost of Project (artist fees + Task Force cost) $60 000 $226 548 $286,548
Deficit ISur lus Total $60,000 $73,452 $63,452 Under Bud et
Footnotes
'Prentice fees includes materials costs.
2 includes insurance, trans ortation to site & installation
Final cost
Project Budget 12-05-02
0
i
, a. ' �..
Memorandum
To:
From:
Date:
Re:
Joe Russo
Craig A. Perna
December 3, 2002
Parking for the Honda Classic
.
►' ".
1�"G�:S'G
Any help you could give us with this would go a long way towards helping to support the
tourr�nt.
ig A. Perna
iect Director
CAP:vmd
Attachment
C:vYfy Documerns\Victoria�CAP memo'sv.lirasoNionOa parkirq.tloc
�
CITY OF PAIM BEACH GARDENS
> , '.
��
NORTH AMERICAN f�ROf�ERT(ES
—SOUTHEAST, INC.
Licensed Re�l Estate 13rokcr
AGENT FOR PBC-THREE, LLC
November l9, 2002
Ronald Ferris, City Manager
City of Palm Beach Gardens
10500 North Military Trai(
Palm Beach Gardens, Florida 33410
RE: Mirasol Walk
Honda Classic Parking
�ill and Crade Permit
Dear Ron;
�
• �S :
ti S
��; t �
,;
���M;Easo��rd.
NOV ^ ; 1001
PR�ECl p�R rHE
FCTpR
As you are aware, we own the 25-acre parcel located at the northwest corner of PGA
131vd. and the Florida Turnpike. After a year and half from apptication we have now
receivcd our concurrency certitication (thanks in a large part to Mayor Jablin and your
efforts with Palm Beach County) and are scheduled for the Planning and Zoning
Workshop meeting on December I 0, 2002. We will then proceed to Planning and Zoning
and then to City Council for a scheduled final hearing date of February 20, 2003. We are
also iinalizing all other permits (we have the FDOT permit, the SFWMD permit is almost
complete, we have resubmitted to SCUA, etc.) and expect to be able to commence
construction as soon after the final City Council hearing as possible.
We have been working with Taylor Woodrow Mirasol and the Honda Classic to provide
them with space on our property for tournament parking for the general public. In order
to allow for parking on the site, we will need to clear the underbrush, fill and grade the
site. This will allow normal passenger cars to use the site for parking.
The City Engineer has informed us he cannot issue an early fill permit until we have site
plan approval. As site plan approval is not scheduled until February 20, 2003 and the
Honda Classic is in early March 2003, this will not allow us to complete the work in
time.
Taking the above into consideration, I am sending you this letter to request the City
review the situation to see if there is any way to accommodate our request to fill and
12995 S. Cleveland Ave. • Suite 214 � Ft. Myers, FI 33907
ph: 239-278-1121 • fax: 239-278-0995 • web: www.naproperties.com
Atlanta I Cincinnati I Dallas I Ft. Myers I Minneapolis
November 19, 2002
Ronald l�erris, City Manager
page two
�;rade the site for Honda Classic parking. We understand the reluctance of the City to
grant a fill permit prior to site plan approval and therefore we agree to the following:
1. We will not remove any of the existing trees adjacent to Jog Road. The area we
propose to use for parking is the existing cow pasture (see enclosed site plan).
Tree removal will take place only after site plan approval.
2. We will install erosion control (silt fence) in order to prevent any fill washouts to
adjacent property.
3. We will install washed stone "driveways" off of the adjacent roadways in order to
keep the surrounding roads clean of tire tracks.
4. We agree to hydoseed the tilled area immediately after the Honda Classic if we
are not yet able to proceed with construction of the Mirasol Walk project.
5. If allowed, the fill work would commence in mid-January and be complete in time
for the Honda Classic.
[ have enclosed a letter t�o►n Honda Classic Executive Director Cliff Danely requesting
use of our property as well as a site plan drawing depicting the proposed work. We are
aware and are not hiding the fact that granting this request will also give us a jump start
on our construction schedule. However; considering our single-phase concunency
buildout date of "2003", any time advantage is appreciated.
Due to the logistics involved in contracting for this work as well as a(ternate site selectian
ior parking (and / or busing arrangements) by Honda Classic staft; we would appreciate a
response from the City as soon as possible. Please contact me should you wish to discuss
this t�urther.
Sincer ly yours;
�
Shawn R. McIntyre
Vice President
enc. Honda Classic letter of November 12, 2002
Site plan '
cc: Cliff Danley, Honda Classic
Craig Perna, Taylor Woodrow — Mirasol
Dale Hafele, North American Properties
��he
filohda
Classic
�
10170 Riverside Drive
Phone: 5 61.514. 69 9 9
Fax: 5 61. 514. 6 7 5 S
www hondaclassic.com
'xOURNAMfiNT STAFF
CLIFFORD L. DANLEY
Exavlive Dirator
TARA CLIVIO
Ditator of Sala & Markedng
STEVE GOLUB
Assistant Dirator
of Saia & Mm�e6ng
JULIA AUGUST
Toumament Coordinator
IvIANDY WOODHOUSE
Toumama�t Coordinawr
November 12, 2002
Shawn R. McIntyre
Vice President
North American Properties — SE, Inc.
12995 South Cleveland Avenue
Suite 214
Fort Myers, FL 33907
Dear Mr. McIntyre:
We would like to request your property for tournament parking. The property
will need to be prepared and cleared for parking and we are hoping that it can
be completed by March l, 2003.
On behalf of the Honda Classic we would like to thank you for your assistance
�vu�r cux'ris �th regards to this matter. If you have any questions or require any further
nir«c�r ot op�,uo� �ormation please do not hesitate to contact me.
CLASSIC FOUND�TTON
CY J. CASE, Chairman
R. AMEIvIIYA
RiCHARD COI.LIVER
IRV GROSSMAN
A. HYOGO
WII.LIAM LOSSON
STEVE MORIKAWA
BARBARA 11ICKLAUS
CRAIG A. PERNA
JAMES ROBINSON
JOSEPH R RUSSO
RAYMOND A. DOUMAR
RICHARD T. WOULFE
Legal Cowuel
GENE S. BONHAM
Finaacial Advi�r
Kind regards,
����
Cliff Danley
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►�s
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION xx , 20xx
Date Prepared:
Page:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ,........PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, ...... ; and DRAFT RESOLUTION #
Opposinq EI Paso Seafarer Natural Gas Transmission Line
WHEREAS El Paso Energy is currently seeking approvals to construct the Seafarer
Pipeline, a twenty-six inch (26") diameter high-pressure natural gas transmission line from
Grand Bahama Island through Palm Beach County, Florida to Martin County, Florida;
and
WHEREAS Seafarer pipeline, as currently proposed, would adversely impact the offshore
reef system environment through trenching the coral reefs, and
WHEREAS horizontal directional drilling (HDD) would further expose the marine
environment and rare Johnson's sea grass beds in the Lake Worth Lagoon to the risk of
`frac-out' (uncontrolled spilling of drilling fluids), and
WHEREAS El �aso Seafarer Pipeline would also adversely impact public lands and public
parks, and place residential communities, communications infrastructure, airports,
hospitals and schools in the cities of Palm Beach Shores, Palm Beach, Riviera Beach,
Mangonia Park, Palm Beach Gardens, West Palm Beach and portions of unincorporated
Palm Beach County at risk in the event of rupture and explosion (see Exhibit A— Map),
and
WHEREAS El Paso Seafarer Pipeline has no contracts with end users for the purchase of
gas transmitted through the proposed pipeline and therefore appears to be purely
speculative;
NOW THEREFORE the City of Palm Beach Gardens opposes the current proposed alignment of
the El Paso Seafarer Pipeline and will take such actions as necessary to communicate this opposition
to the appropriate permitting agencies.
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and
correct and is hereby made a specific part of this Resolution.
SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 3: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 4: This Resolution shall become effective immediately upon adoption.
/
/
�
'► •
Account RE:
No.
WATTERSON &. HYLAND
PROFESSIONAL ASSOCIATION
City of Palm Beach Gardens
Monthly Billing Summary
Current Charges for November, 2002
C�`_e_.�--�--
319.000 Retainer
319.052 V. Vavrus
319.062 Misceilaneous Hourly Billing Matters
319.072 Municipal Complex Construction
319.082 Vavrus Appeal of CEB Order
319.090 Burns Road Widening
319.096 V. Architectural Design Group
319.097 John D. & Catherine T. MacArthur Foundation Et AI
319.098 Charles Vavrus v. Joseph Russo et al
319.100 Kyoto Gardens Dr. Railroad Crossing/Appeaf
319.101 V. Dr. Robert Burke
320.009 Golf Digest
320.017 Catafulmo Construction
320.023 Divosta & Co. (Florida Investment Venture)
320.025 Toll Brothers/Frenchman's Reserve
320.029 Crossroads at Northlake -.Unity of Control
320.030 Borland CenterlPalm Bch Community Church
320.032 01d Palm Country Club (WCI)
320.033 Congress Plaza West
320.034 Donald Ross Village� _
Total Current Work
AoQraved. fat
pescri
, o .. ,..
DEC � e z00�
RECEIVED
CITY MANAGER'S OFFICE
`� � ' �' 2�QZ
�� ��. ��.; .� E.b
Amount Due
15,400.00
2,455.98
2,732.50
1,201.14
256.50
1,018.50
776.13
2,929.00
48.00
2,414.14
397.00
128.00
553.46
4.04
68.99
32.00
32.00
704.00
388.55
256.00
$31.795.93
4100 RCA BOULEVARD • SUITE 100 • PALM�CH GARDENS • FLORIDA 33410
TELEPHONE: (56 I) 627-5000 • F CSIMILE: (56 I) 627-5600
WATTERSON & HYLAND
PROFBSSIONAL ASSOCIATION
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: RETAINER
PREVIOUS BALANCE
Attendance at all regular and special meetings of the
City Council
Attendance at all regular and special meetings of the
Planning & Zoning Commission
Attendance at all regular and special meetings of the
Code Enforcement Board
Review for legal form and sufficiency proposed
ordinances, resolutions, contracts and agreements
Research issues and present legal opinions on matters
at issue
Represent the City in pre-litigation matters
Monitor and review the work and billinqs of outside
legal counsel
Provide a monthly litigation report
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORK
PAYMENT RECEIVED
TOTAL PAYMENTS
BALANCE DUE
ACCOUNT NO:
STATEMENT NO:
BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS
CONCERNING THIS STATEMENT, PI,EASE CONTACT US I1rII�lEDIATELY
*** PLEASE REFERENCE YOUR ACCOUNT NUMBER ON YOUR PAYMENT ***
Page: 1
11/30/02
319-OOOW
68
STATEMENT
$15,400.00
15,400.00
15,400.00
-15,400.00
-15,400.00
$15,400.00
4 I 00 RCA BOULEVARD • SUITE I 00 • PALM BEACH GARDENS • FLORIDA 334 { O
TELEPHONE: (56 I) 627-5000 • FACSIMILE: (56 I) 627-5600
.. . . . . _ . .. _ . . --- - --- . . . .. . . . _ _._. .. � � �i
. �
?t
. ? _.__
, ► ' •
�ATTERSON & HYLAND
P R O F E 5 S I O N A L A 5 5 O C 1 A T I O N
CITY OF PA7�M BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: v. VAVRUS
PREVIOUS BALANCE
11/05/02 MJB Review of Order from 4th DCA in liglzt of pending
circuit court action; discussion with Leonard Rubin
and Terence Watterson regarding remaining issue raised
Summary Judgement motion
TJW Conference with Marjorie J. Binder and assignments
regarding appellate issues
11/06/02 MJB Office conference with Terence Watterson and Leonard
Rubin to discuss case status and strategy
LGR Office conference with Terence Watterson and Marjorie
Binder to discuss order denying Petition for Writ of
Certiorari and effect on pending proceedings; discuss
strategy in original action and code enforcement case
TJW Meeting with Marjorie J. Binder and Leonard G. Rubin
regarding coordination of case's impact on further
proceedings of Fourth DCA denial of Certiorari;
conference with Joe Fleming regarding Father Leo
helping to facilitate settlement; e-mail from Joe
Fleming regarding Father Leo availability
11/07/02 LGR Legal research regarding ability to challenge denial
of petition for writ of certiorari and finality of
underlying decision; telephone conference with Marilyn
Buetenmuller regarding finality of order and issuance
af mandate; e-mail to Terence Watterson and Marjorie
Binder
TJW Telephone conference with Dan Clark regarding
negotiations; telephone call from Father Leo;
conference with Leonard G. Rubin regarding issuance of
mandate and finality of Fourth DCA decision
11/08/02 LGR Office conference with Terence Watterson regarding
scheduling of shade meeting to discuss settlement and
litigation e�cpenditures
T�7W Meeting with Leonard G. Rubin regarding scheduling of
shade meeting
Page: 1
11/30/2002
ACCOUNT NO: 319-052K
STATEMENT NO: 45
$638.50
HOURS
0.40
0.30
2.50
2.50
3.00
1.20
0.80
0.20
0.20
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
� CITY OE PALM BEACH GARDENS
RE: v. VAVRUS
11/18/02 MJB Review pleadings and ordinance in preparation for
Motion to Compel Inspection; dictate Notice of Filing
Decision of 4th DCA
11/19/02 MJB Office conference with Terence Watterson regarding
Notice of Filing Order of 4th DCA and strategy for
proceeding and Motion to Compel Inspection; review and
finalize Notice of Filing
TJW Conference with Marjorie J. Binder regarding filing of
pleadings
11/21/02 SCW Telephone aall to clerk at Fourth District Court of
Appeal inquiring whether a Motion of Rehearing or
Clarification had been filed; note to Leonard Rubin
regarding same
11/22/02 MJB Office conference with Leonard Rubin regarding
£inality of order from 4th DCA and Filing of Notice in
District Court proaeeding
TJW Review request for update from Manager
11J25f02 TJW Review materials for purposes of litigation report to
City of Palm Beach Gardens
11/27/02 LGR Office conference with Terence J. Watterson; finalize
public notice for shade meeting; e-mail to City
Clerk's Office
FOR PROFESSIQNAL SERVICES REPIDERED
RECAPITULATION
TIMEKEEPER IiOURS HOURLY RATE
TERENCE J. WATTERSON 5.80 $185.00
SUSAN C. WiLHELM 0.20 75.00
LEONARD G. RUBIN 4.30 160.00
MARJORIE J. BINDER 4.90 135.00
Fax transmittal
Photocopies
Postage
TOTAL EXPENSES THRU 11/30/02
TOTAL CURRENT WORK
Page: 2
11/30/2002
ACCOUNT NO: 319-052K
STATEMENT NO: 45
xouRs
1.00
0.70
0.50
0.20
d.30
0.20
0.80
0.40
15.20 2,437.50
TOTAL
$1,073.00
15.00
686.00
661.50
11.00
6.00
1.48
18.48
2,455.98
11/05J02 Payment received: Check # 090919 -324.00
�,
CITY OF PALM BEACH GARDENS
RE: v. VAVRUS
i
BALANCE DUE
PLEASE REMIT
_ _ -- -- ---
_ _ _I
I
Page: 3 �
11/30/2002
ACCOUNT NO: 319-052K �
STATEMENT NO: 45 i
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INJD�DIATELY
***Please reference 319.052 on your payment***
$2,770.48
$2,770.48
I
; �� :.
�ATTERSON � HYLAND
P R O F E S 5 I O N A l A S 5 O C 1 A T I O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: MISCELLANEOUS HOURLY BILLING MATTERS
PREVIOUS BALANCE
11/04/02 MJB Receipt and review of pension plan documents from
Major Artola
11/08/02 LGR Draft Resolution authorizing settlement of Parrish
workers' compensation claim; draft Resolution
authorizing voiceJdata cable installation contract
11f13/02 LGR Draft Agreement for Creation of Sign Designs
11/14/02 LGR Revise Agreement for Creation of Sign Designs
MJB Draft Parking Ordinance
11/15/02 MJB Review and revise Parking Ordinance
il%18/02 LGR Draft ordinance extending development build out dates
BBB Review title chains on parcels owned by City; draft
opinion letter as to title (FRDAP Grant)
MJB Review and revise Parking Ordinance
11/19/02 LGR Revise ordinance extending build out dates
BBB Prepare legal descriptions as attachment to opinion of
title
11/20/02 LGR Draft/revise Agreement for Creation of Sign Designs
FRDAP Grant
11J21{02 LGR Draft/revise Charter Amendment Ordinances
11J22j02 LGR Draftjrevise Charter Amendment ordinances
11/24/02 LGR Revise Charter Amendment Ordinances
Page: 1
11/30/2002
ACCOUNT NO: 319-062K
STATEMENT NO: 57
$4,342.50
HOURS
0.50
0.60
0.80
0.30
2.00
1.80
0.90
1.00
0.50
0.70
0.30
0.50
2.00
2.30
1.10
11/26/02 LGR Revise Charter Amendment Ordinances 0.30
PAH Reviewed Complaint and Summons issued by the City of
West Palm Beach (Case No. CA-02-13944-AW) and served
on the City of Palm Beach Gardens as a party
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
:,
CITY OF PALM BEACH GARDENS
RE: MISCELLANEOUS HOURLY BILLING MATTERS
defendant, regarding the Roger Burrow property;
researched files to locate the Release of Lien
previously recorded on the subject property pertaining
to code yiolations and indicating the City of Palm
Beach Gardens has been paid on that lien
11/27/02 PAH Prepared letter to Assistant City Attorney Jennifer
Hunecke, enclosing a copy of the recorded Release of
Lien and requesting the City of Palm Beach Gardens be
dropped as a party defendant to the lawsuit filed
under Case No. CA- 02-13944-AW (City of West Palm
Beach v. Burrow, et alj; set up subfile folder
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
BARRY B. BYRD 1.30 $185.00
LEONARD G. RUBIN 9.50 160.00
MARJORIE J. BINDER 4.80 135.00
PRISCILLA A. HORN 0.80 75.00
Fax transmittal
Photocopies
TOTAL EXPENSES THRU 11/30/02
11/06/02 Title search: Attorneys' Title Insurance Fund, Inc.
TOTAI, ADVANCE S
TOTAL CURRENT WORK
11/05/02
Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
Page: 2
11/30/2002
ACGOUNT NO: 319-062K
STATEMENT NO: 57
HOURS
[��L�7
0.40
16.40 2,468.50
TOTAL
$240.50
1,520.00
648.00
60.00
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US IM[�DIATELY
***Please reference 319.062 on your payment***
4.00
10.00
14.00
250.00
250.00
2,732.50
-1,948.00
$5,127.00
$5,127.00
T
a
WATTERSON & HYLAND
PROFESS�IONAL ASSOCIATION
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: MUNICIPAL COMPLEX CONSTRUCTION
PREVIOUS BALANCE
11J04/02 JHC Draft motion for leave to file third party and cross
claims in the consolidated actions; receipt and review
of order on ADG motion to dismiss with Judge's stamp
11/12j02 JHC Review and revise motion for leave to file third party
and cross claims in the consolidated actions; review
and revise letters to opposing counsel, judge, and
revise draft of proposed Agreed Order to include with
cover letter
11/15/02 JHC Receipt and review of Letter from Kenneth M. Curtin to
Jon D. Derrevere, Esquire, Notice of Hearing, Fisk
Electric Company, Inc.'s Motion for Entry of
Confidentiality Order, and Confidentiality Order
11/18/02 JHC Receipt and review of Plaintiff's Notice of Serving
Responses to Defendant, Architect Design Group, Inc.'s
First Set of Interrogatories; review and revise Third
Party Complaint in anticipation of leave from the
Court.;
11/19/02 TJW Update from Henry Cartwright on status of litigation
FOR PROFESSIONAL SERVICES RENDERED
TIMEE�EPER
TERENCE J. WATTERSON
J. HENRY CARTWRIGHT
Photocopies
Postage
RECAPITULATION
HOURS HOURLY RATE
0.20 $185.00
6.50 135.00
Page: 1
11/30/2002
ACCOUNT NO: 319-072K
STATEMENT NO: 42
$741.00
HOURS
2.20
1.30
0.80
4.20
0.20
8.70 1,184.50
TOTAL
$37.00
1,147.50
12.25
4.39
4100 RCA Boulevard • Palm Beach Gardens, F�. 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
,
' CITY OF PALM BEACH GARDENS
RE: MUL�TICIPAL COMPLEX CONSTRUCTION
TOTAL EXPENSES THRU 11I30/Q2
TOTAL CURRENT WORK
11/05J02 Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
Page: 2
11/3Q/2�02
ACCOUNT NO: 319-072K
STATEMENT NO: 42
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US IN�lEDIATELY
***Please reference 319.072 on your payment***
16.64
1,201.14
-140.00
$1,802.14
$1,802.14
WATTERSON & HYLAND
P R O F E 5 5 1 O N A L A 5 S O G I A T 1 O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PA7.�M BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: VAVRUS APPEAL OF CEB ORDER
PREVIOUS BALANCE
11/05/02 LGR Receipt and review of order denying Petition for Writ
of Certiorari; fax to Rusty Roberts, Esquire
11/14/02 LGR Receipt and review of correspondence from Paul Golis,
Esquire regarding eminent domain proceeds; conference
with Terence Watterson
lljl5/02 LGR Draft letter to Paul Golis, Esquire, regarding
proceeds of eminent domain action
11/18/02 L6R Revise letter to Paul Golis, Esquire
11/24/02 LGR Review statutory requirements for attorney-client
sessions; draft notice
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
LEONARD G. RUBIN 1.40 $160.00
Fax transmittal
Photocopies
TOTAL EXPENSES THRU 11/30/02
11/15/02 Delivery Expense: Courier Center, Inc.
TOTAL ADVANCES
Page: 1
11/30/2002
ACCOUNT NO: 319-082K
STATEMENT NO: 39
$342.20
HOURS
0.30
0.30
0.20
0.10
0.50
1.40 224.00
TOTAL
$224.00
2.00
0.50
2.50
30.00
30.00
4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
ti
,�
CITY OF PALM BEACH 6ARDENS
RE: VAVRUS APPEAL OF CEB ORDER
TOTAL CURRENT WORK
BALANCE DUE
PLEASE REMIT
Page: 2
11/30/2002
ACCOUNT NO: 319-082K
STATEMENT NO: 39
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I1�lEDIATELY
***Please reference 319.082 on your payment***
256.50
$598.70
$598.70
. ��,,
WATTERSON & HI�LAND
P R O F E S S 1 O N A L A S 5 O C I A T I O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAZL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: BURNS ROAD WIDENING
PREVIOUS BALANCE
11/O1/02 LGR Legal research regarding temporary easements/ licenses
for construction of improvements; begin draft of
license agreement; telephone conference with Dan Clark
11f04/02 LGR Draftfrevise Access Agreement with Weiss Group, Inc.
11/08/02 LGR Receipt and review of agenda packet for lighting along
Burns Road and sample Agreement with FPL; revise
Resolution authorizing execution of Agreement;
telephone conference with Dan Clark; revise Access
Agreement; fax to Dan Clark
11/12/02 LGR Receipt and review of correspondence from Paul Galis,
Esquire and John L. Bryan, Esquire
11f14/02 LGR Telephone conference with Dan Clark regarding FPL
issues and possible acquisition of portion of Weiss
property
11/15/02 L6R Telephone call from Peter Moli.engarden, Esquire,
regarding Siena Oaks Agreement
11/18/02 LGR Telephone conference with Dan Clark regarding meeting
with Siena Oaks (traffic calming improvements); e-mail
to Sue Wilhelm
SCW Telephone call to Peter Mollengarden to schedule a
meeting with him; Dan Clark and Leonard Rubin
regarding tra£fic calming improvements for Sienna
Oaks; telephone call to Dan Clark to confirm date and
time
11/22/02 SCW Telephone call to Peter Mollengarden's office to
reschedule time for meeting with Len Rubin and Dan
Clark
Page: 1
11/30/2002
ACCOUNT NO: 319-090K
STATEMENT NO: 33
$266.70
HOURS
0.70
1.70
0.90
0.20
0.30
0.20
0.20
0.30
0.20
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
_
. .
CITY OF PALM BEACH GARDENS
RE: BURNS ROAD WIDENING
11/27/02 LGR Preparation for and attendance at meeting at City Hall
with Dan Clark and Siena Oaks representatives
regarding traffic calming improvements
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEF�EPER HOURS HOURLY RATE
SUSAN C. WILHELM 0.50 $75.00
LEONARD G. RUBIN 6.10 160.00
Fax transmittal
TOTAL EXPENSES THRU 11/30/02
TOTAI, CURRENT WORK
11/05/02 Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
Page: 2
11/30/2002
ACCOUNT NO: 319-090K
STATEMENT NO: 33
HOURS
1.90
6.60 1,013.50
TOTAL
$37.50
976.00
TERMS: BALANCE DUE ON 12-20-02
IE YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I2�IIrlEDIATELY
***Please reference 319.090 on your payment***
5.00
5.00
1,018.50
-101.20
$1,184.00
$1,184.00
f
�
WATTERSON � HYLAND
P R O F E 5 5 1 O N A L A 5 S O C 1 A T 1 O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: V. ARCHITECTURAL DE5IGN GROUP
PREVIOUS BALANCE
11/O1/02 JHC Draft status memo for litigation structure plan to
Terence Watterson regarding third party and cross
claims
11/04/02 JHC Review contract and revise draft complaint with regard
to contract provisions, research results, and meeting
with Terence Watterson
11/13/02 JHC Receipt and review of Eisk's Answer and Affirmative
Defenses to Suffolk's aounterclaim; receipt and review
of Eisk's Responses to Affirmative Defenses of
Suffolk; receipt and review of Fisk's Responses to
Affirmative De£enses of ADG; receipt and Review of
Notice of Unavailability of Fisk
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOLJRI,Y RATE
J. HENRY CARTWRIGHT 5.60 $135.00
11/26/02 West Law Research: West Group
West Law Research:
TOTAL ADVANCES THRU 11/30/02
TOTAL CURRENT WORK
Page: 1
11/30J2002
ACCOUNT NO: 319-096K
STATEMENT NO: 5
$1,583.50
HOURS
0.10
4.30
1.20
5.60 756.00
TOTAL
$756.00
20.13
20.13
20.13
776.13
11j05j02 Payment received: Check # 090919 -195.00
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimite 561-627-5600
Page: 2
# CITY OF PALM BEACH GARDENS 11/30/2002
ACCOUNT NO: 319-096K
STATEMENT NO: 5
RE: V. ARCHITECTURAL DESIGN GROUP
BALANCE DUE
PLEASE REMIT
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US II�4EDIATELY
***Please reference 319.096 on your payment***
$2,164.63
$2,164.63
,�
�•.
ZXTATTERSON & HYLA.ND
P R O F E S 5 1 O N A L A S S p G I A T 1 O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRP,IL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: JOHN D. � CATHERINE T.
MacARTHUR FOUNDATION ET AL
PREVIOUS SALP.NCE
11/13/02 LGR Receipt and review of correspondence from Susan
Seigle, Esquire
SCW Memo to Einance Director forwarding invoice from
GeoTrans, Inc. for payment
11f27/02 LGR Review message from Lee Worsham, Esquire; telephone
conference with John Donahue regarding costs for
mediation '
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
SUSAN C. WILHELM 0.20 $75.0�
LEONARD G. RUBIN 0.40 160.00
11/06%02 Professional fees: P,RDAMAN & ASSOCIATES, INC.
Professional fees:
TOTAL ADVANCES THRU 11/30/02
TOTAL CURRENT WORK
11J05/02 Payment received: Check # 090919
Page: 1
11/30/2002
ACCOUNT NO: 319-097K
STATEMENT NO: 18
$5,420.09
HOURS
0.10
0.20
0.30
0.60 79.00
TOTAL
$15.00
64.00
2,850.00
2,850.00
2,850.00
2,929.00
-5,213.09
SALANCE DUE $3,136.00
I
4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 II
�'
,
�•
CITY OF PALM BEACH GARDENS
RE: JOHN D. 6 CATHERINE T.
MacARTHUR FOUNDATION ET AL
PLEASE REMIT
,
Page: 2
11/30/2002
ACCOUNT NO: 319-097K
STATEMENT NO: 18
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INIlrIEDIATELY
***Please reference 319.097 on your payment***
$3,136.00
e
WATTERSON & HYLAND
P Q O f E 5 5 1 O N A l A 5 S O C 1 A� I O N
CITY OF PAI�I BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: CHARLES VAVRUS v. JOSEPH RUSSO, ET AL.
11/19/02 LGR Receipt and review of correspondence from Rusty
Roberts, Esquire, including Joint Motion for Removal
of Case from Trial Docket and proposed order
FOR PROFESSI013AL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER EiOURS HOURLY RATE
LEONARD G. RUBIN 0.30 $160.00
TOTAL CURRENT WORK
BALANCE DUE
PLEASE REMIT
Page: 1
11/30I2002
ACCOUNT NO: 319-098K
STATEMENT NO: 15
HOURS
0.30
0.30 48.00
TOTAL
$48.00
48.00
$48.00
$48.00
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INd�lEDIATELY
***Please reference 319.098 on your payment***
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
r
WATTERSON & HYLAND
P R O F E S S 1 O N A L A 5 5 O C I A T I O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: KYOTO GARDENS DR. RAILROAD CROSSING/APPEAL
PREVIOUS BALANCE
11/O1/02 JHC Receipt and Review of Court orders; meeting with
Marjorie Binder on Court orders; follow up meeting
with Terence Watterson concerning orders and
depositions set for next week; cancel depositions
il/04/02 JHC Receipt and review of order on Motion to Dismiss and
Motion to Substitute; two phone calls from Roger
Blangg regarding automated horns, settlement, and
deposition transcript
MJB Receipt and review of Orders from ALJ regarding Motion
to Dismiss and Motion to Compel; discussion with Henry
Cartwright
11/05/02 TJW Telephone call from Roger Blangy; conference with
Marjorie J. Binder regarding automatic horn and review
documentation; conference with Marjorie J. Binder
regarding Blangy and communications with
Administrative Law Judge
11/06/02 JHC Meeting with Terence Watterson regarding Roger Blangy
request for copy of his deposition, his opportunity to
file amended petition, and his request for automated
horns included in settlement package; telephone
conference with Rex Nicholson regarding sheduling of
new hearing and his need to be in Washington D.C. the
same week.
MJB Telephone conference with Rex Nichelson regarding
Motion for Continuance and availability for January's
Hearing; call from Rex Nichelson; discussion with
Henry Cartwright regarding Rex Nichelson's status
TJW Meeting with Eric Leach at courthouse; meeting with
Henry Cartwright regarding Roger Blangy request for
copy of his deposition and opportunity to file amended
petition
Page: 1
11/30/2002
ACCOUNT NO: 319-100K
STATEMENT NO: 10
$33,867.34
HOURS
0.50
0.80
0.50
0.80
0.70
0.40
2.50
4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
: �
;� CITY OE PALM BEACH GARDENS
RE: KYOTO GARDENS DR. RAILROAD CROSSING/APPEAL
11/07/02 TJW Telephone conference with Dan Clark
11/08/02 TJW Telephone conference with Dan Clark regarding status
of negotiations and need to contact Palm Beach County
regarding Hood Road agreements
11/12/02 TJW Telephone call to Denise Dytrych regarding Hood Road
widening
11J13/02 JHC Telephone conference with Eric Leach of FEC regarding
discovery deadline and settlement hurdles left to be
addressed; receipt and review of bill from mediator;
verify bill is correct amount as to City's portion
11f14/02 JIiC Receipt and review of Amended Petition from Roger
Blangy; revise and amend Motion to Dismiss in light of
Amended Petition
M�TB Review Summary Motion for Dismissal of Mr. Blangy;
office conference with Henry Cartwright regarding
issues in summary dismissal
11/15/02 TJW Conference with Leonard G. Rubin regarding status
11/19/02 JHC Receipt and review of telephone message from Roger
Blangy.
TJW Review updated Blangy Amended Complaint; update on
discovery from FEC
11/21/02 JHC Dictation of confirming letter of discovery extension
to Eric Leach of FEC, review, revise, and finalize
same
11/25/02 MJB Receipt and review of e-mail from mediator regarding
mediation costs
TJW Review materials and outline
Page: 2
11/30/2002
ACCOUNT NO: 319-100K
STATEMENT NO: 10
HOURS
0.30
0.20
0.20
0.60
2.20
0 . 90
0.30
0.20
0.50
0.80
0.10
0.50
FOR PROFESSIONAL SERVICES RENDERED 13.00 2,020.00
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE TOTAL
TERENCE J. WATTERSON 5.30 $185.00 $980.50
MARJORIE J. BINDER 1.90 135.00 256.50
J. HENRY CARTWRIGHT 5.80 135.00 783.00
Fax transmittal
Long distance telephone calls
Photocopies
Postage
TOTAL EXPENSES THRU 11/30/02
2.00
1.06
34.50
0.74
38.30
►
CITY OF PALM BEACH GARDENS
RE: KYOTO GARDENS DR. RAILROAD CROSSING/APPEAL
11/15/02 Court reporter: Ley � Marsaa Court Reporters, Inc.
Court reporter:
11/26/02 West Law Research: West Group
West Law Research:
TOTAL ADVANCES THRU 11/30/02
TOTAL CURRENT WORK
11/05/02 Payment received: Check # 090919
BAI,ANCE DUE
PLEASE REMIT
__ _ -
�
Page: 3 i
11/30/2002
ACCOUNT NO: 319-100K
STATEMENT NO: 10 I
TERMS: BALANCE DUE ON 12-20-02
IF YOU I3AVE ANY QUESTIONS, PLEASE CONTACT US I1�A�DIATELY
***Please reference 319.100 on your payment***
60.00
60.00
295.84
295.84
355.84
2,414.14
-19,151.94
$17,129.54
$17,129.54
a
r
WATTERSON � HYLAND
P R O F E S 5 I O N A L A S 5 O C 1 A T � O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
P.ALM BEACH GARDENS FL 33410
ATTN: RONAI,D� FERRIS
RE: V. DR. ROBERT BURKE
PREVIOUS BALANCE
� 11j07/02 TJW Return telephone call to Dr. Mark Marciano; telephone
conference with Kelvin Wise
11/19/02 TJW Telephone return to Dr. Marciano; telephone
conferences with Kelvin Wise
11/21/02 TJW Telephone call from Brandy Marciano
11f22f02 MJB Receipt and review of e-mail from Len Rubin regarding
compliance reading from Dr. Burke's property
TJW Telephone call from Marciano; conference with Terry
Brown regarding scheduling; review Burke materials;
review Kelvin Wise Memo regarding readings
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
TERENCE J. WATTERSON 2.00 $185.00
MARJORIE J. BINDER 0.20 135.00
TOTAL CURRENT WORK
11/05/02 Payment received: Check # 090919
BALANGE DUE
PLEASE REMIT
Page: 1
11/30/2002
ACCOUNT NO: 319-1O1K
STATEMENT NO: 7
$8,9B6.8B
HOURS
0.40
0.70
0.20
0.20
0.70
2.20 397.00
TOTAL
$370.00
27.00
397.00
-8,524.85
$859.03
$859.03
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
_ il
:
�
.
CITY OF PALM BEACH GP,RDENS
RE: V. DR. ROBERT BURKE
Page: 2
11/30/2002
ACCOUNT NO: 319-1O1K
STATEMENT NO: 7
TERMS: BAI,ANCE DUE ON 12-20-02
IF YOU HAVE ANY QUE5TIONS, PLEASE CONTACT US II�DIATELY
***Please reference 319.101 on your payment***
WATTERSON � HYLAND
P R O F E S 5 I O N A L A 5 S O C I A T I O N
CITY OF PAI,M BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: GOLF DIGEST
PREVIOUS BALANCE
11/22/02 LGR Meeting with Ann Booth, Craig Perna, Ron Ferris,
Charles Wu and Talal Benothman at City Hall regarding
PCD build out date
EOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
�, TIMEKEEPER HOURS HOURLY RATE
LEONARD G. RUBIN 0.80 $160.00
TOTAL CURRENT WORK
11/05/02 Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
Page: 1
11/30/2002
ACCOUNT NO: 320-009K
STATEMENT NO: 62
$1,242.10
HOURS
0.80
0.80 128.00
TOTAL
$128.00
128.00
-688.90
$681.20
$681.20
TERMS: BALANCE DUE ON 12-20-02 II
IF YOU HAVE ANY QUESTIONS, P7�EASE CONTACT US INIl�DIATELY
***Please reference 320.009 on your payment*** I
4100 RCA Boulevard • Palm Beach Gardens, FL 33430 • Phone 561-627-5000 • Facsimile 561-627-5600 i
,.
' r
WATTERSON & I�`IYLAND
P R O F E S S 1 O N A L A S S O C I A� I O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: CATAFULMO CONSTRUCTION
PREVIOUS BALANCE
11f05fQ2 LGR Meeting with Ron Ferris, Charles Wu, Jack Hanson, Bud
Brown, Sean Donahue and Dan Clark regarding Legacy
Place permitting issues
11/13/02 LGR Telephone conference with Jim Jacoby regarding
subdivision of Menin property; receipt and review of
recorded deed for Lake Victoria Gardens right- of-way;
draft letter to Jim Jacoby, Esquire
11/15/02 LGR Meeting with Jim Jacoby, Dan Clark and Sean Donahue
regarding surety for Legacy Place
11/16/02 LGR Telephone call from Jim Jacoby, Esquire; review draft
letter regarding conveyance of Menin property by metes
and bounds; review Land Development Regulations;
telephone conference with Sean Donahue
11/19/02 LGR Telephone conference with Jim Jacoby, Esquire,
regarding conveyance of Menin property by metes and
bounds; draft letter to Jim Jacoby, Esquire
FOR PROFESSIONAL SERVICES RENDERED
TIMEKEEPER
LEONARD G. RUBIN
Fax transmittal
Photocopies
Postage
REGAPITULATION
HOURS HOURLY RATE
3.40 $160.00
TOTAL EXPENSES THRU 11/30/02
__ _
Page: 1
11/30/2002
ACCOUNT NO: 32Q-017K
STATEMENT NO: 37
$1,863.64
HOURS
0.80
0.40
0.80
0.60
0.80
3.40 544.00
TOTAL
$544.00
4.00
2.50
2.96
9.46
4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
.
�
CITY OF PALM BEACH GARDENS
RE: CATAFULMO CONSTRUCTION
TOTAL CURRENT WORK
11/05/02 Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
Page: 2
11/30/2002
ACCOUNT NO: 320-017K
STATEMENT NO: 37
TERMS: BALANCE DUE ON 12-20-02
IE YOU HAVE ANY QUESTIONS, PLEASE CONTACT US 7.IrIldEDIATELY
***Please reference 320.017 on your payment***
553.46
-1,402.35
$1,014.75
$1,014.75
6
WATTERSON & HYLAND
V R O F E 5 S I O N A L A 5 5 O C 1 A T I O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: DIVOSTA & CO. (FLORIDA INVESTMENT VENTURE)
PREVIOUS BALANCE
Long distance telephone calls
Photocopies
Postage
TOTAL EXPENSES THRU 11/30/02
TOTAL CURRENT WORK
11/05/02 Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
Page: 1
11/30/2002
ACCOUNT NO: 320-023K
STATEMENT NO: 21
$93.00
2.92
0.?5
0.37
4.04
4.04
-93.00
$4.04
$4.04
TERMS.: BP,LANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US IMl�DIATELY
***Please reference 320.023 on your payment***
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
. �
WATTERSON � HYLAND
P R O F E S S 1 O N A L A S S O C I A T 1 O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRP,IL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: TOLL BROTHERS/FRENCF�lAN'S RESERVE
PREVIOUS BALANCE
11/05/02 LGR Receipt and review of correspondence from Howard
Falcon, Esquire regarding title commitment for park
parcel
11/06/02 LGR Receipt and review of correspondence from Steve Cohen,
Esquire
11/08J02 LGR Telephone conference with Steve Cohen, Esquire,
regarding park parcel and sidewalks
FOR PROFESSIONAL SERViCES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
LEONARD G. RUBIN 0.40 $160.00
Fax transmittal
Photocopies
Postage
TOTAL EXPENSES THRU 11/30/02
TOTAL CURRENT WORK
11/05%02 Payment received: Check # 090919
BALANCE DUE
Page:_ 1
11/30/2002
ACCOUNT NO: 320-025K
STATEMENT NO: 19
$633.00
HOURS
0.10
0.10
0.20
0.40
TOTAL
$64.00
64.00
2.00
2.25
0.74
4.99
68.99
-355.50
$346.49
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
, CITY OF PALM BEACH GARDENS
�
RE: TOLL BROTHERSfE'RENCHMAN'S RESERVE
PLEASE REMIT
Paqe: 2
11/30/2002
ACCOUNT NO: 320-025K
STATEMENT NO: 19
$346.49
TEFtMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I1�IlrIEEDIATELY
***Please reference 320.025 on your payment***
WATTERSON & HYLAND
P R O P E S S I O N A � A 5 5 O C I A T I O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: CROSSROADS AT NORTHLAF�-UNITY OF CONTROL
PREVIOUS BAI,ANCE
11/07/02 LGR Receipt and review of correspondence from Urban Design
Studio and Joe Pollock regarding traffic concurrency
vesting and request for approval
FOR PROFESSIONAI, SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
LEONARD G. RUBI13 0.20 $160.00
TOTAL CURRENT WORK
11/05/02 Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
_
�'�
Page: 1
11/30/2002
ACCOUNT NO: 320-029K
STATEMENT NO: 11
$692.37
HOURS
0.20
0.20 32.00
TOTAL _
$32.00
32.00
-372.00
$352.37
$352.37
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US Il�'Il�DIATELY
***Please reference 320.029 on your payment***
4100 RCA Boulevard • Palm Beach Gardens FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 II
WATTERSON & HYLAND
P R O F E 5 S I O N A L A S S O C I A T 1 O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: BORLAND CENTER/PAI,M BCH CONIl�JNITY CHURCH
PREVIOUS BALANCE
11/08/02 LGR Telephone conference with Steve Cohen, Esquire,
regarding workshop and staff recommendation
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
LEONARD G. RUBIN 0.20 $160.00
TOTAL CURRENT WORK
11/05/02 Payment received: Check # 090919
BALANCE DUE
PLEASE REMIT
Page: 1
11/30/2002
ACCOUNT NO: 320-030K
STATEMENT NO: 10
9
HOURS
0.20
0.20
TOTAL
$32.00
$861.00
32.00
[�Y��Z�7
-317.00
$576.00
$576.00
T
__- il
TERMS: BALANCE DUE ON 12-20-02 'I
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INQQEDIATELY
***Please reference 320.030 on your payment***
i
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
s
WATTERSON & HYLAND
P R O F E 5 5 I O N A l A 5 S O C I A T 1 O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PAI1ri BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: OLD PALM COUNTRY CLUB (WCI)
PREVIOUS BALANCE
11/13/02 LGR Review Chapter 190, Florida Statutes; receipt and
review of draft CDD Ordinance; revise CDD Ordinance;
telephone call to Audrey Vance of Bonita Springs;
receipt and review of sample CDD ordinances
11/14/02 LGR Revise CDD Ordinance; review applicable statutes;
e-mails to Michael Sabatello, Esquire and Talal
Benothman
11/21/02 L6R Revise CDD Ordinance
11/26/02 LGR Meeting with WCI representatives regarding bonding
requirements for infrastructure and subdivision
improvements; meeting with Dan Clark, Charles Wu, Ron
Ferris and Sean Donahue to discuss bonding
requirements
FOR PROFESSIONAL SERVICES RENDERED
TIMEKEEPER
LEONARD G. RUBIN
TOTAL CURRENT WORK
BALANCE DUE
PLEASE REMIT
RECAPITULATION
HOURS HOURLY RATE
4.40 $160.00
Page: 1
11/30/2002
ACCOUNT NO: 320-032K
STATEMENT NO: 6
$160.00
HOURS
1.70
1.20
0.50
1.00
4.40 704.00
TOTAL
$704.00
704.00
$864.00
$864.00
TERNlS: BALANCE DUE ON 12-20-02
IF YOU HP,VE ANY QUESTIONS, PLEASE CONTACT US INIlrlEDIATELY
***Please reference 320.032 on your payment***
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
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WATTERSON & HYLAND
P R O F E 5 S f O N A L A 5 5 O C 1 A T 1 O N
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS E'L 33410
ATTN: RONALD FERRIS
RE: CONGRESS PLAZA WEST
PREVIOUS BALANCE
11/O1/02 LGR Review Declaration of Unity of Control; draft letter
to Robert Saraga, Esquire
11/13/02 LGR Revise letter to Robert Saraga regaxding Unity of
Control documents
11/14/02 LGR Revise/finalize letter to Robert Saraga, Esquire
11/19/02 LGR Telephone conference with Robert Saraga, Esquire
regarding Declaration of Unity of Control
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TIMEKEEPER HOURS HOURLY RATE
LEONARD G. RUBIN 2.40 $160.00
Long distance telephone calls
Photocopies
Postage
TOTAL EXPENSES THRU 11/30j02
TOTAL CURRENT WORK
BALANCE DUE
PLEASE REMIT
Page: 1
11/30/2002
ACCOUNT NO: 320-033K
STATEMENT NO: 4
$192.00
HOURS
1.50
0.40
0.20
0.30
2.40 384.00
TOTAL
$384.00
1.56
2.25
0.74
4.55
388.55
$580.55
$580.55
4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600
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WATTERSON � HYLAND
P R O F E S 5 I O N A L A S S O C 1 A T 1 O N
CITY OF PAI,M BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS FL 33410
ATTN: RONALD FERRIS
RE: DONALD ROSS VILLAGE
11/04/02 LGR Attend meeting with developer and City staff regarding
permitted uses within PUD and unresolved issues
11/19/02 LGR Telephone call from Hank Skokowski regarding
conditional use issue; review Land Development
Regulations; e-mail to Charles Wu
FOR PROFESSIONAL SERVICES RENDERED
RECAPITULATION
TII�KEEPER HOURS HOURLY RATE
LEONARD G. RUBIN 1.60 $160.00
TOTAL CURRENT WORK
f eT` if `.7�i�i��1
PLEASE REMIT
_ ;
Page: 1
11/30/2002
ACCOUNT NO: 320-034K
STATEMENT NO: 1
HOURS
1.10
0.50
1.60 256.00
TOTAI,
$256.00
256.00
$256.00
$256.00
TERMS: BALANCE DUE ON 12-20-02
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I1�M�DIATELY
***Please reference 320.034 on your payment***
� 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600