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HomeMy WebLinkAboutAgenda Council Agenda 100401*REVISED* City of ]Palm Beach Gardens Council Agenda October 4, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 3341.0 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 4, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE H. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Swearing in of Newly Hired Police Officers. b. Trinity Methodist Church Girl Scout Troop. C. Teamwork Awards. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the August 16, 2001 Regular City Council Meeting. b. Consideration of approving Minutes from the September 4, 2001 Regular City Council Meeting. C. Resolution 146, 2001 - Chatsworth (Devonshire) Nursing Pavilion Expansion. Consideration of approving an amendment to a site plan for the expansion of an existing nursing home facility located on Lots 1 and 2 of the PGA Commerce Park within the PGA National Planned Community Development, as more particularly described herein, providing for 56 additional beds and approximately 64,955 additional square feet; providing for conditions of approval; providing for a waiver: d. Resolution 154, 2001 - Engineering Services. Consideration of approving the Engineering Agreement with Lindahl, Browning, Ferrari and Hellstrom, Inc. e. Local Law Enforcement Block Grant. Consideration of approving a transfer of funds from the FY 2001/02 Police Department operating budget to a police grant fund to provide matching funds in the amount of $3,191.00 for Local Law Enforcement Block Grant award totaling $28,721.00. f. Resolution 149, 2001 — Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. Consideration of approving the Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plats. (TO BE PULLED) g. Resolution 150, 2001 — BallenIsles Pod 21 Plat. Consideration of approving the BallenIsles Pod 21 Plat. h. Resolution 151, 2001 — Consideration of approving a tennis professional and tennis pro shop agreement with Brenda Engle; authorizing the Mayor and City Clerk to execute the agreement on behalf of the City. Resolution 152, 2001 — PGA Commons Plat 2 Plat. Consideration of approving the PGA Commons Plat 2 Plat. (TO BE PULLED) j. Resolution 155, 2001 — Consideration of authorizing the Mayor and City Clerk to execute a joinder and acceptance to a quit -claim deed within the Mirasol PCD. k. Subgrant Application for Highway Safety Funds Consideration of approving a Subgrant Application for Highway Safety Funds through the Florida Department of Transportation Safety Office for the fiscal year 2001/2002. IX. PUBLIC HEARINGS: a. Ordinance 35, 2001 — Electrical Substation on PGA Boulevard (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning 9.32 acres of land on the north side of PGA Boulevard, immediately east of the C -18 Canal, as described herein; amending the City of Palm Beach Gardens Official Zoning Map; approving a Master Plan for the FPL Ryder Substation; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: a. Resolution 148, 2001 — Parcel 27.05/.06 Sign Package /Conditions of Approval. Consideration of approving an application from Catalfumo Development Company for a sign program for Parcel 27.05/27.06 within the Regional Center Planned Community Development (PCD) near the northeast corner of Kew Gardens Avenue and PGA Boulevard, as more particularly described herein; providing for waivers. b. Resolution 147, 2001 — Art Advisory Committee. Consideration of reappointing two regular members to the Art Advisory Committee. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 3, 2001 — Authority for Code Enforcement Citations (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Code of Ordinances by repealing Division 4 of Chapter 2, Article IV, entitled "Alternate Procedure for Enforcement' in its entirety, and creating a new Division 4 entitled "Code Enforcement Citation Ordinance;" providing for rules for construction; providing for authority of Code Enforcement Officers; providing for procedures for issuance; providing for penalties; providing for County Court Jurisdiction; providing for provisions supplemental; providing for fine schedules for Code Enforcement citations; providing for severability; providing for conflicts; providing for codification; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Regional Center Notice of Proposed Change. Discussion of proposed amendments to NOPC to the Regional Center Development of Regional Impact. XIV. CITY ATTORNEY REPORT: a. Monthly Litigation Report. b. Request for Shade Meeting. XV. ADJOURNMENT. 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. City of Palm Beach Gardens Council Agenda October 4, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 4, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Swearing in of Newly Hired Police Officers. b. Trinity Methodist Church Girl Scout Troop. C. Teamwork Awards. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the August 16, 2001 Regular City Council Meeting. b. Consideration of approving Minutes from the September 4, 2001 Regular City Council Meeting. C. Resolution 146, 2001 - Chatsworth (Devonshire) Nursing Pavilion Expansion. Consideration of approving an amendment to a site plan for the expansion of an existing nursing home facility located on Lots 1 and 2 of the PGA Commerce Park within the PGA National Planned Community Development, as more particularly described herein, providing for 56 additional beds and approximately 64,955 additional square feet; providing for conditions of approval; providing for a waiver. d. Resolution 154, 2001 - Engineering Services. Consideration of approving the Engineering Agreement. e. Local Law Enforcement Block Grant. Consideration of approving a transfer of funds from the FY 2001/02 Police Department operating budget to a police grant fund to provide matching funds in the amount of $3,191.00 for a Local Law Enforcement Block Grant award totaling $28,721.00. f. Resolution 149, 2001 — Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. Consideration of approving the Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plats. g. Resolution 150, 2001 — BallenIsles Pod 21 Plat. Consideration of approving the BallenIsles Pod 21 Plat. h. Resolution 151, 2001 — Consideration of approving a tennis professional and tennis pro shop agreement with Brenda Engle; authorizing the Mayor and City Clerk to execute the agreement on behalf of the City. Resolution 152, 2001 — PGA Commons Plat 2 Plat. Consideration of approving the PGA Commons Plat 2 Plat. Resolution 155, 2001 — Consideration of authorizing the Mayor and City Clerk to execute a joinder and acceptance to a quit -claim deed within the Mirasol PCD. k. Subgrant Application for Highway Safety Funds Consideration of approving a Subgrant Application for Highway Safety Funds through the Florida Department of Transportation Safety Office for the fiscal year 2001/2002. IX. PUBLIC HEARINGS: Ordinance 35, 2001 — Electrical Substation on PGA Boulevard (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning 9.32 acres of land on the north side of PGA Boulevard, immediately east of the C -18 Canal, as described herein; amending the City of Palm Beach Gardens Official Zoning Map; approving a Master Plan for the FPL Ryder Substation; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: Resolution 148, 2001 — Parcel 27.05/.06 Sign Package /Conditions of Approval. Consideration of approving an application from Catalfumo Development Company for a sign program for Parcel 27.05/27.06 within the Regional Center Planned Community Development (PCD) near the northeast corner of Kew Gardens Avenue and PGA Boulevard, as more particularly described herein; providing for waivers. b. Resolution 147, 2001 — Art Advisory Committee. Consideration of reappointing two regular members to the Art Advisory Committee. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 3, 2001 — Authority for Code Enforcement Citations (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Code of Ordinances by repealing Division 4 of Chapter 2, Article IV, entitled "Alternate Procedure for Enforcement" in its entirety, and creating a new Division 4 entitled "Code Enforcement Citation Ordinance;" providing for rules for construction; providing for authority of Code Enforcement Officers; providing for procedures for issuance; providing for penalties; providing for County Court Jurisdiction; providing for provisions supplemental; providing for fine schedules for Code Enforcement citations; providing for severability; providing for conflicts; providing for codification; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIH. ITEMS FOR DISCUSSION: a. Regional Center Notice of Proposed Change. Discussion of proposed amendments to NOPC to the Regional Center Development of Regional Impact. XIV. CITY ATTORNEY REPORT: a. Monthly Litigation Report. b. Request for Shade Meeting. XV. ADJOURNMENT. 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 5 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. IV. PRESENTATIONS: a. Swearing in of Newly Hired Police Officers. Stacey Clayton - formerly with Palm Beach Garden's Fire Rescue. Brian Cullen - former dispatcher. Paul Rogers - former Palm Beach Garden's Police Explorer. IV. PRESENTATIONS: b. Trinity Methodist Church Girl Scout Troop. IV. PRESENTATIONS: C. Teamwork Awards. Teamwork Awards Tim Jordan & Henry McKenzie (Public Works) Tim Jordan and Henry McKenzie, Mowing and Landscaping Maintenance workers for the City, are truly a team. They are always polite and conscientious, and receive calls and letters from residents praising their service. These include their involvement with taking the time to explain the City's Tree Planting Program with residents, their quick response to tree and stump removal requests and their participation in the planting of an Oak tree in memory of a former student at Palm Beach Gardens Elementary. Tim Kasher (Parks & Recreation) Tim is a Recreation Coordinator with the City. Tim is very dedicated to his position and often goes beyond the limits of his job description. He has taken it upon himself to collect money to donate to the wife of a camp counselor who passed away and has assisted with summer camp registration, and made several changes to the summer camp program that generated additional review for the program. Christy Murphy (Parks & Recreation) Christy Murphy is also a Recreation Coordinator with the City. She has always chipped in and assisted others. In addition, when the department was short staffed, she took on the additional responsibility of organizing various Special Events on top of her regular work load. These events were not pre - planned and included a Mom & Son Night of Fun and a Mom & Daughter Tea Party. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 16, 2001 The August 16, 2001 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, and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, and Chair Pro Tem Carl Sabatello. Councilmember David Clark was absent from the meeting. PRESENTATIONS: Representative Jeff Atwater - Representative Atwater reported that in the last session of the legislature a $54 billion budget had been passed, with new dollars going to K -12, Health & Human Services, Transportation, Florida Forever, beach nourishment projects, and intangible tax relief. A new government' education policy was also passed. Several new policies were established, including a new K -12 alternative certification policy to allow prospective teachers looking for a mid - career change to apply skills to shorten the time to receive qualification. An adjunct teacher certification was developed so that a person with strong Knowledge of a particular skill could teach that only. Transfer of years of service was established. Principals could now accept or decline the School Board's decision to move a teacher to their school and part-time student aid scholarships were established. Representative Atwater also reported that nursing home reform had established high standards and new dollars, four drugs had been removed from the non- substitution list, and funding for breast cancer research had been increased. Election reform had been addressed. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported attendance at the Office Depot grand re- opening and expressed appreciation that this business gives back to the City, including 5% of their profits to the schools. Mayor Russo commented Paine Webber had recently located here and wanted to contribute to the City. Councilmember Furtado asked that such businesses be recognized, and that a letter be sent to the four companies in the City that were listed in the top 250 Fortune 500 companies. Flooding in Westwood Gardens was reported by Councilmember Furtado, who indicated a report from the Turnpike Authority was being prepared on this matter. Preliminary reports also indicated the pumps were not turned on in time. Councilmember Furtado commented the drainage in front of the houses had worked well, but there were still problems in back yards. Mayor Russo requested reports on drainage after each heavy rain. Councilmember Sabatello reported he had met with the City Manager, two staff members, and Rick Chesser to address the landscape issue on PGA Boulevard and now believed that much of the landscaping could be salvaged. Vice Mayor Jablin reported the City would host the Shriners Convention in 2005, which should bring over $5 million to this area. Vice Mayor Jablin announced a workshop meeting August 20 to discuss the City plaza; it was decided to hold the workshop at 5:30 because of the GNA meeting on the same night. Mayor Russo reported the first meeting CITY COUNCIL REGULAR MEETING, 8/16/01 F) of the Recreation Advisory Board had been held to discuss the facilities plan and they would meet again next week. Mayor Russo stressed the importance of addressing the flooding at Westwood Gardens. The Vice Mayor reported there were future plans to fix that problem. The City Manager commented the report was available. Mayor Russo requested a letter of congratulations be sent to Gary Carter, a resident who was recently admitted into New York Mets Hall of Fame. CITY MANAGER REPORT: City Manager Ron Ferris reported staff had researched the "Character First" Program and their goal is to build character traits and values throughout the community. Goals of the organization were to establish a Character Council from a broad base throughout the community, to train supervisors in the character development, and teach department heads and supervisors to recognize character traits. Results would be shown by the increase in employee productivity and attendance, improved attitude, and reduction in workers compensation claims. Estimated cost for the City to initiate this program was approximately $27,000. Research indicates this needed to be a grass roots movement within the entire community in order for it to reflect the issues and concerns of the City. City Manager Ferris indicated that with present budget constraints it might be appropriate for the City Council to endorse the organization's efforts to establish a community based character council. Jay Bonner of Church of the Nazarene was present to answer questions. Dr. Ilene Allgood, representing the Anti Defamation League, indicated she wanted the City Council to be aware that there were other programs to help build character, and they would also like an opportunity to serve the City. Councilmember Furtado commented that the resolution contained nothing religious in nature and she was proud the City had culture diversity and a broad religious heritage. Mayor Russo thanked Jay Bonner for bringing this program to the attention of the City. Public Information Report - The report was included in the packets. Golf Course Maintenance and Management Request for Proposals - Two proposals were presented for consideration — Meadowbrook Golf Corporation and City of Palm Beach Gardens. The Meadowbrook representatives provided a presentation. Councilmember Furtado questioned what they saw as the current problems with the golf course, to which the response was limited facilities at the clubhouse, and grass and irrigation problems. Councilmember Sabatello indicated those items should be submitted to Parks and Recreation so that dollars could be budgeted, which was echoed by Vice Mayor Jablin. Discussion ensued about how the estimated income could be realized. The next presenter was Jack Downey with the City of Palm Beach Gardens. His approach was to use in- house staff to operate the golf course and promotion of the course through the Parks and Recreation Department, as well as taking advantage of the City's purchasing power and use of existing inventory to lower the overhead and be more cost effective. Mr. Downey recommended looking at the operation annually. Mayor Russo indicated he would be in favor of in -house operation if money could be saved, with assurance from the City Manager that staff had the expertise to run the golf course. Discussion ensued. Councilman Sabatello made a motion to reject the proposal submitted by the management and maintenance of Palm Beach Gardens Municipal Golf Course and select option number one. Vice Mayor Jablin seconded the motion. During discussion of the motion, Councilmember Sabatello indicated he wished to save money and he had faith in staff. Councilmember Furtado indicated she would have chosen option two. Motion carried by CITY COUNCIL REGULAR MEETING, 8/16/01 3 3 -1 vote, with Councilmember Furtado opposed. Mayor Russo indicated Meadowbrook had done an excellent job and the City would welcome them back if the chosen course of action taken to try to save the residents tax dollars proved to be wrong. COMMENTS FROM THE PUBLIC: Pat Hughey, 9120 Reed Drive, addressed the Mayor, expressed her opinion that residents' concerns were not being heard or appreciated regarding drainage. Mayor Russo responded to clarify that he had not criticized residents and appreciated comments from residents, and staff was working on a report of what had been done regarding drainage. John Zearley questioned if consideration had been -given to contracting canal maintenance to private parties. City Manager Ferris indicated that was under consideration. CONSENT AGENDA: Councilmember Furtado made a motion to approve the Consent Agenda. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Resolution 125, 2001 — Temple Beth David Plat. Consideration of approving the Temple Beth David Plat. b. Resolution 112, 2001 — Change Orders for EDA Projects. Consideration of approving change orders and one additional purchase order for EDA Projects. C. Florida League of Cities. Consideration of appointing City Manager Ferris as the Voting Delegate at the business session of the Florida League of Cities 75th Annual Conference. d. Truancy Interdiction Program/Field Office. Consideration of renewing the lease for the Police Department Truancy Interdiction Program/Field Office. e. Resolution 130, 2001 — Amendment to City Manager's Employment Agreement. Consideration of an amendment to the employment agreement with the City Manager. f. Proclamation — Literacy Awareness Month. PUBLIC HEARINGS: Ordinance 25, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 25, 2001 for consideration of second reading - An ordinance of the City of Palm Beach Gardens amending Article IV, "Zoning Districts," of the Land Development Regulations of the City of Palm Beach Gardens by amending Section 78 -159, "Permitted Uses, Conditional, and Prohibited Uses," Subsection 0)(66), "Excavation and Fill, and Borrow Pit Operations" to allow excavation and fill operations as an independent development order; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Staff presentation was provided by Growth Management Director Charles Wu. Linda Monroe, 4431 Althea Way, asked if excavation could occur before development. Mayor Russo explained what had happened at The Isles, and indicated this only applied to approved projects. The City Attorney advised this ordinance addressed the receiving parcel and the property giving the fill must be an approved project. Staff clarified the language. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve and place on second reading by title only Ordinance 25, 2001 as CITY COUNCIL REGULAR MEETING, 8/16/01 4 amended. Councilmember Furtado seconded the motion which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 25, 2001 on second reading by title only. Ordinance 31, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 31, 2001 for consideration of second reading — An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff, providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the staff report. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve and place on second reading by title only Ordinance 31, 2001 as amended. Councilmember Furtado seconded the motion which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 31, 2001 on second reading by title only. RESOLUTIONS: Resolution 85, 2001 — A Resolution of the City of Palm Beach Gardens, Palm Beach Gardens, Florida, approving an application from PGA of America for an amendment of a previously approved Site Plan by granting a waiver from Section 256 of the City's Land Development Regulations (LDRS), in order to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center, as more particularly described herein, and to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend its sidewalk from the northern limit of its property to PGA Boulevard; providing for a waiver. Growth Management Director Charles Wu presented the staff report. Hank Skokowski, agent for the petitioner, spoke on behalf of the applicant. Phil Lydden, President of PGA National POA, spoke in support of the applicant. Councilmember Furtado supported the staff recommendation because of safety. Vice Mayor Jablin and Councilmember Sabatello supported the 'applicant's position. Discussion ensued. Mayor Russo suggested tabling this petition for review by the City engineering and Police and if they approved, bringing it back as a consent agenda item, which was the consensus. Resolution 123, 2001 - — A Resolution of the City of Palm Beach Gardens, Palm Beach Gardens, Florida, approving a site plan application for "Parcel 20" located within the Mirasol Planned Community Development, allowing for the development of 70 semi - custom, zero -lot line, single - family dwelling units, located approximately 1 mile northwest of the intersection of PGA Boulevard and Jog Road, and as more particularly described herein; providing for waivers. Principal Planner Karen Craver presented the staff report. Anne Booth, agent for the petitioner, indicated she was present to answer questions. City Attorney Rubin read into the record an additional condition: "In accordance with Condition 7 of Resolution 72, 2000, which is the Resolution approving Parcel "F ", the City Council hereby approves an alternate configuration of the Recreation Center parcel as depicted in the Site Plan dated July 12, 2001." Councilmember Furtado moved approval of Resolution 123, 2001 with the amendment as read into the record. Vice Mayor Jablin seconded the motion. During discussion of the motion, Councilmember Sabatello announced he was a homebuilder in Mirasol and this project and approval did not affect his company in any way. Motion carried by unanimous 4 -0 vote. CITY COUNCIL REGULAR MEETING, 8/16/01 5 ORDINANCES: Ordinance 26, 2001 — 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 changing the Land Use designation on approximately 7.43 acres of land located at the northwest corner of Northlake Boulevard and MacArthur Boulevard, from Mixed -Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date, was presented for consideration of first reading. Growth Management Director Charles Wu presented the staff report. Hank Skokowski, agent for the applicant, indicated the applicant planned to withdraw this petition to reapply for an industrial zoning category, and requested direction from the City Council. Mr. Wu explained how a mixed -use designation could meet the applicant's needs. Discussion ensued. The petitioner indicated they would withdraw this petition. Ordinance 28, 2001 — An ordinance of the City Council of the City of Palm Beach Gardens providing for an amendment of the City of Palm Beach Gardens Budget for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repeal of ordinances in conflict herewith; providing for severability; and, providing for an effective date was presented for consideration of first reading. Assistant Finance Director Holly Luzader presented the request. Vice Mayor Jablin made a motion to place Ordinance 28, 2001 on first reading by .title only. Councilmember Furtado seconded the motion. Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 28, 2001 on first reading by title only. Ordinance 29, 2001 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a conditional use for the expansion of a temple including the construction of social hall, future sanctuary with a maximum of 275 seats, kitchen and storage facilities, lobby and restroom facilities, expansion of the educational facilities to accommodate a maximum of 102 students, and future offices, to be located on a 5 -acre site located on the north side of Hood Road, halfway between Military Trail and Central Boulevard, at 4657 Hood Road; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date was presented for consideration of first reading. Principal Planner Karen Carver presented the staff report. Vice Mayor Jablin made a motion to place Ordinance 29, 2001 on first reading by title only. Councilmember Furtado seconded the motion. Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 29, 2001 on first reading by title only. Ordinance 22, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date, was presented for reconsideration. Growth Management Director Charles Wu indicated the applicant had requested a continuance. Hank Skokowski, agent for the applicant, voluntarily withdrew the application. CITY COUNCIL REGULAR MEETING, 8/16/01 REORDER AGENDA: Councilmember Furtado made a motion to reorder the agenda to place the future annexation item next. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote ITEMS FOR DISCUSSION: Future Annexation Areas of Conflict — Growth Management Director Charles Wu reviewed the future annexation areas of conflict and indicated areas that had always been on the map. Palm Beach County Commissioner Karen Marcus reported meetings had been held and resolutions passed by municipalities identifying their boundaries. Commissioner Marcus requested the City give direction to staff regarding the areas they desired to annex so this issue could be brought to closure. Continuity, delivery of services, squaring off boundaries and increasing a municipality's tax base were reasons given for a municipality to annex certain areas. Juno Beach Mayor Blomquist favored Juno Beach annexing Captain's Landing development and Hidden Key to square off Juno Beach and increase their tax base. North Palm Beach Village Manager Dennis Kelly explained that in 1988 all the cities had agreed on the boundary lines depicted in the map. Mr. Kelly reported that Lost Tree, Portage Landing, and Hidden Key had then been included in the North Palm Beach comp plan, and requested Palm Beach Gardens withdraw their claim to those areas. Mr. Kelly noted North Palm Beach was willing to give up an area from the railroad track on Northlake Boulevard to the new Walgreen's. Mayor Russo indicated his direction to staff was to research the history and find what the City had agreed to, and come back to the City Council with recommendations, so that the staffs of the cities involved could negotiate. Commissioner Marcus requested information on the boundaries by October 1. A North Palm Beach resident who had been present during the original agreement explained that all the cities had passed resolutions supporting the concept and that was what City staff might find in the records. City Manager Ferris indicated staff might be able to solidify reasons and make a recommendation at the October 1 meeting with the understanding it would be presented to City Council at their October meeting. Mayor Russo requested staff meet with each City and bring results to the Council before presentation to the County. Commissioner Marcus indicated her staff would provide the research and requested notification if the City could not meet the October 1 date so that her office could change the meeting date. Wetland— Discussion — Growth Management Director Charles Wu requested clarification from City Council that wetlands could not be substituted for uplands and how to appraise uplands. It was clarified that appraisals were on the value of the property. CITY ATTORNEY REPORT: Proposed Settlement Agreement with Weiss Group, Inc. — City Attorney Len Rubin explained the terms of the agreement and the cost of the settlement. This would align the east access to the ball fields and the access to the Weiss School. Report and Recommendations of Charter Review Committee - Consensus was to bring this item back at a later meeting. The City Attorney requested approval for a property owner of lands located in Palm Beach Garden Estates to sell parcels as single family lots and terminate the unity of title as set forth in a draft resolution, Resolution 131, 2001. Councilmember Sabatello made a motion to approve Resolution 131, 2001. Vice Mayor Jablin seconded the motion, which failed by a 2 -2 vote. Those opposed indicated it was because this had not been on CITY COUNCIL REGULAR MEETING, 8/16/01 7 tonight's agenda. Direction to City Attorney Rubin was to place this item on the consent agenda for next meeting. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Furtado, carried 4 -0, the meeting was adjourned at 11:08 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING SEPTEMBER 4, 2001 The September 4, 2001 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; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following :elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. RE -ORDER AGENDA: Councilmember Furtado made a motion to move Ordinance 32, 2001 to the front of the agenda. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARING: Ordinance 32, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 32, 2001 - Fiscal Year 2001 -2002 Budget - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, affixing a total valuation of the real and personal property located within the corporate limits of the City of Palm Beach Gardens, Florida, for the year ending December 31, 2001; establishing a tax rate thereon for said year; levying a tax on said real and personal property for said year; adopting a fiscal budget for the fiscal year beginning on October 1, 2001 and ending on September 30, 2002, inclusive; appropriating funds for expenditures in accordance with said budget; providing for the repeal of ordinances in conflict herewith; and, providing for an effective date, for consideration of first reading. Mayor Russo requested input from the residents on how they would like the City Council to reduce costs and their feelings on the services provided. City Manager Ron Ferris presented the proposed budget. Sy Fine, Burns Road, stated his question had been answered and he applauded the City for bringing in an in -house engineer. Bob Kaplan, Windward Drive, commented on the presentation and made suggestions for improvement. Mr. Kaplan expressed concern there were fewer policemen than last year and commented that he would be more comfortable with dollar amounts by line item. Police Chief FitzGerald explained the City was a little below the State and national standard of police officers per population, and that crime was up in the City. The City Manager indicated that budget dollar numbers could be provided for 1998 to the present, and offered to schedule a meeting with Mr. Kaplan. Mayor Russo explained that utility fees would naturally increase with each new development. Tom Sosey, Bent Tree, questioned why it was cheaper to bring engineering in- house, to which the City Manager responded the comparison done had shown savings as well as being able to use in -house engineers for more than just Growth Management. Marilyn Jacobs, Bermuda Lake Drive, expressed concern that there was not equity because western residents had to pay add -ons the developer could not pay. Raymond Katz, Sun Terrace Court, indicated he would like to see the art coordinator position extended from part time to full time. John Rose, Holly Drive, indicated the City should be run more like a business, discussed the new fire station, and what could be done with existing staff and facilities to reduce response times CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/01 2 slightly to hold until the revenue from new development was received. Staff clarified the response time calculations by districts, which did not include call handling time or turnout time that could add up to two minutes. Mr. Rose suggested reducing the number of linear feet proposed for canal work to be done by Public Works. Frank Scaltrito, 4 Via Angelico, indicated that PGA National residents paid twice for drainage, and also suggested postponing some planned services until next year so that new residents could help pay. Mike Martino, Balsam Street, suggested there had not been enough time spent on the budget, with only one workshop, and requested the City not price him out of his home. Mr. Martino indicated residents had been taxed twice for the new fire station and for engineering; that no City should practice deficit spending; that the City Manager should propose which services could be cut; and indicated the increase could be cut 50 %. Mayor Russo indicated the prior budget had been reduced and most of the original allocation for the fire station had been cut. Sam Carsillo expressed his opinion the developers should help defray expenses, wanted to see a comprehensive plan of what improvements were needed in the City, commented on the poor landscaping conditions and traffic jams on Holly Drive, and that the City could not keep digging in the canals without putting in seawalls. Joan Elias, Diamond Head Way in PGA National, indicated the City was going to have raise taxes, and commended the Council for giving the residents new fire station. Joan Altwater, Cypress Hollow, expressed concern with traffic jams impeding emergency vehicles, suggested re- evaluation of homes, suggested paying school crossing guards more so police officers would not have to be used for that, and agreed western communities were paying more for their services. The Mayor explained the difficulty of hiring crossing guards, indicated the value of homes would go up when values in their neighborhoods went up and tax increases were limited to 3 %. The Mayor indicated improvements in the older sections had not been included in this budget, but they were needed. Siro DeGasperis, 7 Governors Court, expressed his opinion the tax increase could not be cut 50% and that if response times were increased; it could mean the difference between life and death. Mr. Bosso wondered what the taxes would have been if the City had not expanded. The Mayor indicated studies showed growth did not pay for itself and past annexations were done to control the quality of the areas. The Mayor explained the current problem was from the lag before the revenue being realized from new development. Adrian Salle, Oaks East, commented inflation must be taken into account when looking at the increased taxes, and that the response time had saved the life of a neighbor. The Mayor requested the tax history chart for the past eight years be provided by staff. Richard Orman, Oak Street, commended staff on the quality of their presentation and the residents for their excellent comments. Mr. Orman was in favor of the new fire station but that it should not be fully staffed for fire suppression, but only for rescue services. Mr. Orman commented on the land use changes being done to the Comprehensive Plan, to which the Mayor responded several had been denied. Gus Constantine, Bedford Avenue, suggested looking at the Department Heads reducing costs and what they could do to improve efficiency. Mr. Constantine commented on lights being left on at the ballpark when no one was there. The Mayor suggested another meeting to discuss such items. Staff reported the problem with the lights at the ballfields was being addressed. A Bay Village Court resident was told he did not live in the City but his suggestions for the budget were heard. Sherry Woods, Ilex Circle North, and President of the Gardenia Gardens Neighborhood Association commented the services CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4%01 3 were very important, agreed with the City not giving tax breaks for incoming industries, and requested more information regarding County -run fire stations. Mrs. Woods favored trimming fat in the budget but not reducing services, and volunteered her services to help. Mrs. Woods commented in her neighborhood there were code enforcement problems but no fines had been imposed. Assistant Finance Director Holly Lusader explained the tax comparison chart for the past ten years, which showed some years when taxes had not been raised. Pat Hughey expressed appreciation for the visuals in the presentation and the number of people in attendance. Another resident commented the City could be run like a business. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. A more informal meeting to include residents and staff was scheduled for the next Thursday. Mayor Russo requested the numbers be reduced on canal work unless houses were in danger of flooding, and that Mr. Orman's idea of not fully staffing the new fire station fire suppression but only for rescue services be explored. Councilmember Furtado requested an amount be established for Department Heads to work with and be accountable for. Councilmember Sabatello indicated he wanted levels of service to get better each year, that fat should be eliminated, that a canal report was needed before the $528,000 canal restoration was included in the final budget and that he relied on long -time residents that felt the system worked if the gates were opened, that he was disappointed to hear tonight that crime was up while the number of police were down and requested more information on that matter. Councilmember Clark indicated the crime rate had been published on one day in the Palm Beach Post, agreed. there should be plenty of policemen on the street, agreed the canal restoration was needed. Mayor Russo commented the City had overspent each year for the last four years on drainage. Councilmember Sabatello commented the system worked if the gates were properly managed, but during a major storm there would probably be flooding anyway. Councilmember Clark agreed the City should not spend all the money proposed for the canal system but that the Council should commit to making this a priority after receiving the report. Vice Mayor Jablin expressed his opinion that major drainage problems had been fixed but he was not convinced the amount budgeted for this year should be spent. Mayor Russo commented he would not budget for something unless he knew it was needed, so he needed to know if houses would not be flooded. The City Attorney commented the recommended rate could be approved at first reading and lowered later, but a lower rate could not be raised later. The Council indicated they did not support the recommended number but were approving the rate with the understanding it would be cut before final approval. Councilmember Clark made a motion to adopt a tentative millage rate of 6.3685 mills, an increase of 31.8% over the rolled back rate. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Clark made a motion to adopt the tentative fiscal year 2002 -2002 budget in the amount of $43,529,785. Vice Mayor Jablin seconded the motion. Councilmember Sabatello verified this was a tentative budget. Motion carried by unanimous 5 -0 vote. Councilmember Clark made a motion to place Ordinance 32, 2001 on first reading by title only. Vice Mayor Jablin seconded the motion. Councilmember Furtado requested detailed information on the police issue and noted a police officer crossing guard should be paid for by NorthMil. The motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 32, 2001 on first reading by title only. CITY OF PALM. BEACH GARDENS REGULAR MEETING, 9/4/01 4 ITEMS & REPORTS BY MAYOR AND COUNCIL: The Vice Mayor reported this is the 7th year of operation for Flower Kingdom, who was a good neighbor. Vice Mayor Jablin reported that Garrick Carol, co- founder and managing director of the Palm Beach Gardens concert band, had passed away, and his son was planning to continue his father's dream to bring the concert band to the city plaza for concerts. The Vice Mayor reported also that the father of Jeff Atwater, John Atwater, a decorated war hero and FBI agent for many years, had also passed away. Councilmember Clark reported the third quarterly Intergovernmental Issues Council Forum had met in Lantana but there had been no issues affecting the City; however, unhappiness had been expressed before the meeting regarding the City's deletion of roads from the plans. Mayor Russo reported he also attended the service for Jeff Atwater's father and another for a 35 -year old City resident. The Mayor also reported he attended the economic meeting put together by the Chamber of Commerce and he and the Mayor of Riviera Beach had recommended a more proactive stance. Councilmember Furtado commented 20% of the City's revenue came from commercial enterprises, which could increase to provide a larger portion of the City's tax base. CITY MANANGER REPORT: The City Manager reported the Finance Department had gone out for RFP's on casualty and property insurance, and had negotiated costs on health and dental, resulting in savings to the City. The City Manager reported that payment for occupational licenses and permits would be transferred to the Building Department. Mr. Ferris also reported trees were being installed in the municipal parking lot. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda. Motion was seconded by Councilmember Furtado and carried by unanimous 5 -0 vote. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the August 2, 2001 Regular City Council Meeting b. Resolution 131, 2001 — Termination of a Unity of Title. Consideration of authorizing the Growth Management Director to execute a termination of a Unity of Title for lots 2, 3, 4, and 5 of blocks 12 of the plat of Palm Beach Garden Estates (Plat No. 1). C. Resolution 133, 2001 — Interlocal Agreement for Dispatch Services. Consideration of an Interlocal Agreement for Dispatch Services by and between Palm Beach County and the City of Palm Beach Gardens. d. Resolution 134, 2001 — Character First. Consideration of endorsing the efforts of the International Association of Character Cities to establish 'a diverse "Character Council" within the community. PUBLIC HEARINGS: Ordinance 29, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 29, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a conditional use for the expansion of a temple including the construction of social hall, future sanctuary with a maximum of 275 seats, kitchen and storage facilities, lobby and restroom facilities, expansion. of the educational facilities to accommodate a maximum of 102 students, and future offices, to be located on a 5 -acre site located on the north side of Hood Road, halfway between Military Trail and Central Boulevard, at 4657 Hood Road; providing for conditions of CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/01 5 approval; providing for conflicts; providing for severability; and providing for an effective date, for consideration on Second Reading. Growth Management Director Charles Wu called attention to a new condition of approval regarding photometrics. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved Ordinance 29, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 29, 2001 by title only on second reading. Ordinance 28, 2001 — Mayor Russo declared the public hearing open, held on the intent of 'Ordinance 28, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens providing for an amendment of the City of Palm Beach Gardens Budget for the Fiscal Year beginning October 1, 2000, and ending September. 30, 2001, inclusive; providing for the repeal of ordinances in conflict herewith; providing for severability; and, providing for an effective date, for consideration on second reading. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved Ordinance 28, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 28, 2001 by title only on second reading. ORDINANCES: Ordinance 36, 2001 — An ordinance of the City Council of the' City of Palm Beach Gardens, Florida, providing for the approval of the application from Mutual Land Development Company for an amendment to the previously approved "Marina Gardens" Planned Unit Development (PUD) by revising the traffic analysis and the condition of approval referencing the build -out date for the 65 townhome units on the 7.6 -acre site located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, more particularly described herein; providing for a condition of approval; providing for severability; providing for conflicts; and providing for an effective date, presented for consideration on first reading. Growth Management Director Charles Wu presented the project and answered questions from the City Council. Councilmember Clark moved Ordinance 36, 2001 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 36, 2001 by title only on first reading. CITY ATTORNEY REPORT: Monthly Litigation Report - The City Attorney indicated the report was included in Councilmembers' packets, and highlighted one item, which was a lawsuit filed against the City by the owners of Hilltop Gardens in which the Court had awarded summary judgment in favor of the City. OTHER COMMENTS: The Vice Mayor thanked the Police Department for their participation in Mr. Atwater's funeral service. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Clark, carried 5 -0, the meeting was adjourned at 10:00 p.m. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/4/01 6 APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: October 4, 2001 Date Prepared: September 14, 2001 SUBJECT /AGENDA ITEM Petition SP- 01 -20- Chatsworth (Devonshire) Nursing Pavilion Expansion Consideration of Approval: Resolution 146, 2001, Henry Skokowski of Urban Design Studio, agent for PGA National Venture Ltd., and Devonshire Life Care Associates, Inc., is requesting an Amendment to a Site Plan application for the expansion of an existing nursing home facility located on lot 1 within the PGA National Commerce Park. The proposed expansion will include 56 additional beds within an additional 64,955 square feet. The PGA National Commerce Park is located in the southeast corn: orner of the PGA National Planned Community Development, at the northwest corner of Nortllake Boulevard and the Florida Turnpike (15- 42S -42E). RECOMMENDATION Staff recommends approval of Resolution 146, 2001, subject to conditions of approval. Reviewed by: / Originating Dept.: FINANCE: NA P8Z Commission Principal Planne Growth Management: Action: Karen M. Cra C v Project Costs: $ Total [ ] Approved [ ] App. w/ conditions City Attorn Manag [ ] Denied Edward $ [ ] Rec. approval Finance NA Current FY [ X ] Rec. app. w/ Human Res. NA " conds. Funding Source: N/A [ ] Rec. Denial [ ] Operating [ ] Continued to: Submitted by: Advertised: Attachments Growth Date: •Code Comparison Manag L/ / • Zoning and Land Use Directo IUy K W �,. Paper: [ ] Other • Resolution 146, Charles K. Wu, AICP 2001 [X] Not ReaWred • Legal Description Approved by: City Manag =Affected parties: Budget Acct. #: • Waiver Justification [ ] Notified N/A •Site /Landscape Plan [ x ] Not Required • Aerial Photo [ ] None City Council Meeting Date: October 4, 2001 Date Prepared: September 18, 2001 Petition SP -01 -20 BACKGROUND The PGA National Resort Community DRI was originally approved by Resolution 43, 1978, and included a commerce park at the southeastern corner of the DRI. Resolution 34,1986 approved the master plan for the PGA Commerce Park, as well as design guidelines and review procedures. The DRI was most recently amended by Ordinance 22, 1998, and Ordinance 42, 1999, with both amendments maintaining approval for a 160 -bed Nursing Home facility. The Devonshire (Chatsworth) Life Care Facility was originally approved by Resolution 86, 1996, and subsequently amended by Resolution 13, 1998, approving 104 beds in the life care facility. The applicant is proposing a 56 -bed expansion, providing for a 160 -bed facility consistent with the DRI allowances. LAND USE & ZONING The subject site is zoned Planned Community Development (PCD), with an underlying zoning of Commercial (C), and has a future land use designation of Residential Low (RL). The DRI Master Plan designation for this site is Commercial, as specified on the June 17, 1999 PGA National DRI Master Plan. CONCURRENCY The site is vested for 160 beds, per Ordinance 42, 1999. PROJECT DETAILS Site Area The four -acre site includes both Lots 1 and 2 of the PGA Commerce Park, on the south side of Hiatt Drive. The site is bounded by Hiatt Drive to the west and north, the Driscoll Industrial Building to the east, and Northlake Boulevard to the south. Buildinq Architecture The applicant is requesting an addition to an existing building, and has proposed the continuance of the same architectural style, color theme, etc., with the exception of the addition being at a slightly higher height than the existing structure. The existing structure is two- stories and 34 feet in height, and the proposed addition shall !!be three - stories and 44 feet -seven inches in height. The maximum height permitted in CG -1 Commercial is 36 2 City Council Meeting Date: October 4, 2001 Date Prepared: September 18, 2001 Petition SP -01 -20 feet; therefore, the applicant has requested a waiver, per Section 78 -158 of the Land Development Regulations. The PGA National Design Guidelines allow a maximum building height of 40 feet. The applicant has agreed to a condition of approval requiring final sign -off from the PGA National Architectural Review Committee prior to the issuance of the first building permit, as required by Resolution 34, 1986. Site Access The existing site currently has one permanent ingress /egress and one temporary emergency exit for fire rescue. The temporary access drive is located within the phase two area. The applicant is proposing an additional permanent ingress,/egress drive as part of the phase II site plan located within 150 feet of an existing driveway to the east. The applicant has requested a waiver from Section 78 -508 of the Land Development Regulations, which requires a minimum 150 feet between driveways. Siqnaqe The existing site has one ground sign at the entrance driveway. The applicant is proposing one additional wall sign on the east elevation, per code allowances. This location shall provide visibility to westbound traffic on Northlake Boulevard. Landscapinq/Bufferin.q The existing conditions include a landscape buffer that extends the length of both the developed and undeveloped site, adjacent to Northlake Boulevard. The existing buffer was installed at the time of development of phase 1. The applicant is proposing new landscaping within the expanded parking area, as well as the required foundation plantings. Parkinq The applicant is proposing a total of 123 parking spaces on site. The code requirement for nursing homes is one space per four beds plus one space per 250 square feet of office. For this site, the parking requirement equates to 50 required spaces. The number the applicant is proposing is 146% in excess of code requirement, which allows for a maximum of 110% of required parking to be provided on site. Therefore, they have requested a waiver to provide this number of spaces. The applicant has indicated that the excessive number of spaces is required for short periods of time during employee shift changes, when two shifts are on site simultaneously. The applicant has also requested a waiver to allow for 17 foot long parking spaces with 1.5 foot curb /overhang, in -lieu of 18.5 foot long spaces with wheel stops. 3 City Council Meeting Date: October 4, 2001 Date Prepared: September 18, 2001 Petition SP -01 -20 Drainage The applicant has submitted a certified drainage statement indicating that additional impervious surface associated with the proposed expansion shall utilize the existing water management system within the PGA National Planned Community Development. Waivers Code Section Required Provided Waiver Staff Section 78 -364 4 loading spaces 3 loading spaces Yes Support* Number of Loading for commercial over (existing) Spaces Required 100,000 s . feet Section 78- 344(1) 18.5 foot long 17 foot long parking Yes Support* Parking stall and parking stall stall with 1.5 curbed bay dimensions overhan Section 78 -345 (d) No greater than 146% of required Yes Support* Increase in Parking 110% of required parking spaces Spaces parking spaces permitted Section 78 -344 (h) A minimum of 100 50 feet stacking Yes Support* entrances and exits feet stacking distance distance from r -o -w to parking space Section 78 -153 Maximum building 447' feet Yes Support* Non - residential height of 36 feet zoning district regulations Section 78 -508 (b) Minimum distance 45 feet between Yes Support* New Intersections of 150 feet between driveways street intersections *See attached justification statement from the applicant. The applicant's justification, which is adequate for the Planning & Zoning staff to analyze and support all waivers, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. STAFF RECOMMENDATION Staff recommends approval of petition SP -01 -20 with the above waivers and the following conditions of approval: (1) Prior to the issuance of the first building permit, the applicant shall provide staff with a letter of final approval from the PGA National Architectural; Review Committee, as 4 City Council Meeting Date: October 4, 2001 Date Prepared: September 18, 2001 Petition SP -01 -20 required by Resolution 34, 1986. (2) Prior to the issuance of the first building permit, the applicant shall provide staff a copy of the executed Unity of Title document, indicating the joint ownership of the two parcels on which the project is located. PLANNING AND ZONING COMMISSION At its August 28, 2001 meeting, the Planning and Zoning Commission voted 5 -1, with Commissioner Steven Tarr dissenting, to recommend approval of this application to the City Council. The Commission recommended approval with the condition that the applicant amend the eastern elevation to reflect a smaller sign area. The applicant has submitted revised elevations that reflect this, and the revised elevations are included as an exhibit to Resolution 146, 2001. Shortrange /sp0020cc 5 A _ y `CONSISTENCY,INITH;THE CODE Gode.Requirement Proposed Plan Consistent? Waiver Requested4 . Underlying Zoning. General Commercial CG -1 Site = CG -1 General Commercial Shopping Center, General Retail Yes Minimum Building Site 4 acres Yes Area 1 acre Minimum Site Width 548.39 feet Yes 100 feet Maximum Building Lot 35% Yes Coverage 35% Maximum Building 50 feet No Yes Height 36 feet Front Setback 89 feet Yes 50 feet Side Setback 64 feet Yes 15 feet Side Setback Facing a Existing N/A Street 40 feet Rear Setback 58.5 feet Yes 15 feet Wall Sign One tenant wall sign Yes One per tenant and per building One er building � Number of loading 3 existing, no additional No r Yes spaces 4 required, buildings over 100,000 sq. feet in height Parking stall and bay dimensions 18.5 feet paving required 17 feet + 1.5 curb No Yes Stacking Distances 50 feet No Yes Minimum of 100 feet New Intersections 45 feet No Yes Minimum separation distance of 150 feet Parking Requirements: 123 spaces or 146% of (1 space per four beds parking requirements No Yes + one space per 250 SF office = 50 beds), not to exceed 110% of required parking jj EXISTING ZQNING`ANDLAN® SE DESIGNATIQNS UISTING U`SE ZONING :LAND USE �._ Subject Property PGA Commerce Park Lot 2 PCD /Commercial Residential Low — Master Plan Designation of Commercial North PCD /Industrial Residential Low — Master Plan Stainsafe at PGA Commerce Designation of Industrial Park South Planned Development Area Residential Low Northlake Boulevard Vacant East Residential Low — Master Plan Driscoll Industries at PGA PCD /Industrial Designation of Industrial Commerce Park West PCD /Public /Institutional Residential Low — Master Plan City of PBG PGA National Park Designation of Recreation and Open Space September 17, 2001 September 21, 2001 RESOLUTION 146, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO A SITE PLAN FOR THE EXPANSION OF AN EXISTING NURSING HOME FACILITY LOCATED ON LOTS 1 AND 2 OF THE PGA COMMERCE PARK WITHIN THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR 56 ADDITIONAL BEDS AND APPROXIMATELY 64,955 ADDITIONAL SQUARE FEET; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a site plan amendment application (SP- 01 -20) from PGA National Venture Ltd. and Devonshire Life Care Associates, Inc., for approval of a site plan amendment to provide for an expansion of an existing nursing home facility located on lots 1 and 2 of the PGA Commerce Park within the PGA National Planned Community Development, as more particularly described in Exhibit "A" attached hereto, to provide for 56 additional beds' and 64,955 additional square feet; and WHEREAS, the 4 -acre "Chatsworth Life Care Facility" (f /k/a Devonshire) site is currently zoned Planned Community District (PCD) with an underlying zoning of Commercial CG -1, and a future land use of Residential Low'(RL) and Master Plan designation of Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on August 28, 2001, the Planning and Zoning Commission recommended approval of the site plan amendment application known as the Chatsworth Life Care Facility with waivers to the Land Development Regulations, subject to certain conditions stated herein. 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 approves an amendment to the "Chatsworth Life Care Facility" site plan located on lots 1 and 2 of the PGA Commerce Park within the PGA National Planned Community Resolution 146, 2001 Meeting Date: October 4, 2001 Date Prepared: September 21, 2001 Petition SP -01 -20 Development, as more particularly described in Exhibit "A" attached hereto, to provide for 56 additional beds and approximately 64,955 additional square feet; and 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: Prior to the issuance of the first building permit, the applicant shall provide staff with a letter of final approval from the PGA National Architectural Review Committee, as required by Resolution 34, 1986. 2. Prior to the issuance of the first building permit, the applicant shall provide staff a copy of the recorded Unity of Title, for the two parcels on which the project is located. SECTION 3. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 4. The following waivers are hereby granted with this approval: Section 78 -364 - Minimum number of loading spaces, which requires a minimum number of 4 loading spaces on site, to allow for 3 loading spaces. 2. Section 78- 344(1) - Parking stall and bay dimensions, which requires 18.5 -foot long stall dimension, to allow for a 17 foot long parking stall with a 1.5 -foot overhang. 3. Section 78- 345(d) — Increase in Parking Spaces, which provides for a maximum of 110% of required parking on site, to allow for 146% of required parking on site. 4. Section 78- 344(h) — Entrances and exits, which requires a minimum stacking distance of 100 feet, to allow for a stacking distance of 50 feet minimum. 5. Section 78 -153 — Building height, which requires a maximum of height of 36 feet, to allow for a maximum building height of 44 feet -7 inches. 6. Section 78 -508 — New Intersections, which requires a minimum distance of 150 feet between street intersections, to allow for 45 feet between driveways. SECTION 5. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department (dates represent the date the plan was received and stamped in): 2 1. 2. 3. 4. 5. Resolution 146, 2001 Meeting Date: October 4, 2001 Date Prepared: September 21, 2001 Petition SP -01 -20 September 7, 2001 Site Plan, Urban Design Studio, 1 Sheet September 7, 2001 Alternative Landscape Plan, Urban Design Studio, 1 Sheet June 18, 2001 Landscape Details, Urban Design Studio, 1 Sheet September 6, 2001 Architectural Elevations, O'Keefe Architects, 1 Sheet June 18, 2001 Schematic Floor Plans, O'Keefe Architects A2.01 — A2.03, A5.01, A6.01, A6.02 6. May 2001, Preliminary Drainage Plan, Messler and Associates, 1 Sheet 7. July 31, 2001 Photometric Plan, O'Keefe and Associates Sheet E1.0 8. June 6, 2001 Boundary Survey, RPG Consultants, 1 Sheet SECTION 6. 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 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF ATTEST BY: CAROL GOLD CITY CLERK 3 2001. MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G /shortrange /sp0120res Resolution 146, 2001 Meeting Date: October 4, 2001 Date Prepared: September 21, 2001 Petition SP -01 -20 AYE NAY ABSENT 4 Resolution 146, 2001 Meeting Date: October 4, 2001 Date Prepared: September 14, 2001 Petition SP -01 -20 EXHIBIT "A" I I ► N i 6'. I � � c� I I o `- I f I O I I I I � I I I , I I , I , I , I I I I I I , I I I I , I , I , I � ► i ► I r � / I / r i i NCE } 10' DRAINAGE & LIMITED ACCESS EASEMENT r r C x -x x N 86-27'03 QL SET IR /C "RPB* ' 86.69' 68•� /7 DESCRIPTION: LOT 1 AND THE WEST 207.89 FEET OF LOT 2 OF "PLAT OF PGA COMMERCE PARK ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 55, PAGES 160 AND 161 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO ALL PERTINENT MATTERS OF PUBLIC RECORD. CONTAINING: 4.0134 ACRES, MORE OR LESS. ►NSHIRE HEALTH CARE CENTER AT COMMERCE PARK BOUNDAR PALM BEACH GARDENS, FLORIDA NUMBER OF PARKING SPACES PROVIDED (SECTION 180) urban Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In recognition that the City is in the development stage of code provisions associated with current Nursing Home and Continuing Care Facilities requirements, we are requesting the ;number of parking spaces be based on the standards we have developed for the operational needs of the, subject facility and of similar properties in Florida and across the country. Currently, the City Code, Section 180(a)Table 33 - Required Off - Street Parking Spaces, recognizes skilled nursing facilities at a parking ratio of 4 beds to a parking space and one space per employees. This requirement would require a total of only 50 required parking spaces on this site. Our proposed parking assumptions are consistent in the direction of the current code language. We have also provided some additional parking above and beyond this formula in an effort to provide a greater comfort level to the City and the Petitioner. The proposed amended plan of development provides for 1 space per 4 beds and the 1 space per employee, for a total of 50 plus an additional 75 parking spaces. The applicant has extensive experience developing and managing nursing home facilities and has found, through personal experiences and research, and the ongoing operations of this site, that the amount of parking required is,more than that of what the City is requiring, please seethe petitioner's prepared justification statement attached. PARKING SPACE SURFACE MATERIAL (SECTION 179) The applicant is asking for a waiver from Section 179 (I)3 which states "Paving. Not less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation areas shall be paved. Use of specialty paver brick or surfaces may be approved. by the City Engineer." The applicant is requesting a waiver to allow both pervious and impervious surfaces to be used in the construction of the parking spaces. Due to liability and maintenance problems the petitioner has chosen, as allowed by Section 179 (e) (Wheel Stops), to install a 6" wide type "D" curb in lieu of wheel stops. The curb is proposed to be placed at a point 17 feet from the end of the parking space, which is the same location that the wheel stop would 2000 Palm Beach Lakes Boulevard otherwise be placed. In locations where parking spaces abut a sidewalk, Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax G: \COMMONUobs\Devonshire \SPR- 2001 \WaiverJustificaiton.083101.wpd Irvine, CA 714.489.8131 LCC 35 4� WAIVER JUSTIFICATION CHATSWORTH HEALTH CENTER city Of P 8 r`r�derrs a.k.a. DEVONSHIRE NURSING HOME S[p @ PGA NATIONAL COMMERCE PARK GN, MANq�T EMENT JUNE 22, 2001 ocP ARTMENT AUGUST 01, 2001 Rev AUGUST 17, 2001 Rev. AUGUST 31, 2001 Rev. NUMBER OF PARKING SPACES PROVIDED (SECTION 180) urban Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In recognition that the City is in the development stage of code provisions associated with current Nursing Home and Continuing Care Facilities requirements, we are requesting the ;number of parking spaces be based on the standards we have developed for the operational needs of the, subject facility and of similar properties in Florida and across the country. Currently, the City Code, Section 180(a)Table 33 - Required Off - Street Parking Spaces, recognizes skilled nursing facilities at a parking ratio of 4 beds to a parking space and one space per employees. This requirement would require a total of only 50 required parking spaces on this site. Our proposed parking assumptions are consistent in the direction of the current code language. We have also provided some additional parking above and beyond this formula in an effort to provide a greater comfort level to the City and the Petitioner. The proposed amended plan of development provides for 1 space per 4 beds and the 1 space per employee, for a total of 50 plus an additional 75 parking spaces. The applicant has extensive experience developing and managing nursing home facilities and has found, through personal experiences and research, and the ongoing operations of this site, that the amount of parking required is,more than that of what the City is requiring, please seethe petitioner's prepared justification statement attached. PARKING SPACE SURFACE MATERIAL (SECTION 179) The applicant is asking for a waiver from Section 179 (I)3 which states "Paving. Not less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation areas shall be paved. Use of specialty paver brick or surfaces may be approved. by the City Engineer." The applicant is requesting a waiver to allow both pervious and impervious surfaces to be used in the construction of the parking spaces. Due to liability and maintenance problems the petitioner has chosen, as allowed by Section 179 (e) (Wheel Stops), to install a 6" wide type "D" curb in lieu of wheel stops. The curb is proposed to be placed at a point 17 feet from the end of the parking space, which is the same location that the wheel stop would 2000 Palm Beach Lakes Boulevard otherwise be placed. In locations where parking spaces abut a sidewalk, Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax G: \COMMONUobs\Devonshire \SPR- 2001 \WaiverJustificaiton.083101.wpd Irvine, CA 714.489.8131 LCC 35 Chatsworth Health Center Project Narrative June 22, 2001 August 01, 2001 Rev. August 17, 2001 Rev. August 31, 2001 Rev. Page Two the applicant has expanded the sidewalk surface area by 1 foot to accommodate the overhang of the car. Where the parking spaces abut landscaped open space, an additional 1 foot of grass has been provided as part of the parking space. The length of each space includes 17 feet of pavement, 6" of curb and 1 foot of either grass or raised pavement for a total of 18'6" per parking space. By placing the curb at the 17' location, the applicant is able to reduce the appearance of pavement and increase the appearance of open space. Section 156 (e) (Protection of Landscape areas) of the current Palm Beach Gardens Land Development Regulations allows vehicles to overhang into landscaped areas provided the area is not included in the open space calculation. We have not included the overhang area in the open space calculation. By using curbs instead of wheel stops, maintenance of the parking areas is greatly improved and liability associated with wheel stops is eliminated. 100' STACKING DISTANCE PROVIDED (SECTION 179 (H) The petitioner requests a wavier from Section 179 (h) regulating the stacking distance required on a drive - isles prior to vehicular parking. The petitioner has provided for 50' of stacking and requests that the City consider this configuration based on the parking that the petitioner is requires on this site, see previous parking number justification. Further, based on Hiatt Drive's lower traffic volumes, the petitioner does not believe that the proposed 50' stacking distance will cause any vehicular traffic issues. DRIVE WITHIN 150' OF EXISTING DRIVE (SECTION 258 (B) The petitioner requests a wavier from Section 258 (b) restricting the street intersections with centerline separations of less than 150'. This intersection location was previously and temporarily approved and it has always been the intent of the petitioner to make permanent this temporary drive with access to Hiatt Drive with the development plans of Phase 2. Further, based on Hiatt Drive's lower traffic volumes, the petitioner does not believe that the proposed driveway intersection and the driveway intersection to the east will cause conflict with each other. This has been an existing condition since the approval of Phase 1 in 1998 and exists today without any happenings to date. G: \COMMON\Jobs \Devonshire \SPR - 2001 \WaiverJustificaiton.083101.wpd LCC 35 _V. Chatsworth Health Center Project Narrative June 22, 2001 August 01, 2001 Rev. August 17, 2001 Rev. August 31, 2001 Rev. Page Three LOADING SPACES PROVIDED (SECTION 185) The petitioner requests a wavier from Section 185 of the LDRs requiring four spaces be provided for the for 131,611 square feet of gross floor area. This site is proposing to,provide for three loading spaces, all of which comply with the LDR's, for this use. The petitioner believes that, based on the current operations of this facility, the proposed expansion does not warrant four loading spaces for this ,operation and that three is more than adequate. BUILDING HEIGHT (SECTION 78 -153) We are requesting a waiver from Section 78 -153 - Nonresidential Zoning District Regulations, Table 12: Property Development Regulations - Nonresidential Zoning Districts, which restricts the height of all buildings in commercial designated areas to be no more than 36' and the restrictions found in the PGA National Commerce Park Development Guidelines dated October 1987 which restricts the height to 40'. This application requests approval for a 45' -7" building height within Lot 1 and 2a of the PGA National Commerce Park. The proposed three story structure will be attached to and transition from the existing two -story structure. 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'� .,.J: m T n-;• < P_ _. .. - .. _ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 09/25/01 Meeting Date: 10/04/01 Subject/Agenda Item Engineering Contract Recommendation /Motion: Consider a motion to approve Resolution 154, 2001, awarding the engineering contract to LBFH. Inc. Reviewed by: Originating Dept.: Costs: $ 300,000 (Total) Council Action: City Attorney Finance [ ] Approved $ 300,000 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [X] Operating Attachments: [ ] Other Resolution 154, 2001 Agreement for [ X ] Not Required Services Submitted by: Allan Owens Finance Director Affected parties [ ] Notified Budget Acct. #: 01- 1450 - 515.3150 [ ] None Approved by: Ci Ma ager [ X ] Not required BACKGROUND: Staff has been negotiating with the firm LBFH, Inc. to provide the most cost effective engineering services possible to the City of Palm Beach Gardens. The goal of the negotiation process was to arrive at an agreement that limited our ad valorem charges to $300,000 for FY 2002. We are pleased to bring an agreement to Council that does just that. This represents a saving of $125,000 over the FY 2001 funding level, and $40,000 over the net cost of in -house engineering proposed for FY 2002. This agreement actually rolls back the level of funding to FY 1999. However, this is not a reduction in the quality of service, but rather recognition of the management of services by the City Manager. This changes our service from one of "on -call to all departments and Council" to one of "focused by the City Manager to priorities of the City". LBFH, Inc. will continue to provide other non -ad valorem services as has been done in the past, including support to the Growth Management Department and design and construction support of Burns Road. AGREEMENT FOR PROFESSIONAL ENGINEERING AND SURVEYING SERVICES BETWEEN THE CITY OF PALM BEACH GARDENS AND LBFH, INC. THIS AGREEMENT is made this , 2001 between the City of Palm Beach Gardens, Florida (hereinafter called the CITY) and LBFH, Inc. (LBFH) (hereinafter called the ENGINEER), a corporation licensed by the Department of Business and Professional Regulations to practice professional engineering in the State of Florida. SECTION 1 — SCOPE A. ENGINEER shall perform professional engineering services and render consultation to the CITY consistent with the CITY'S Mission Statement, Goals and Objectives for the Engineering Department (a copy of which is attached hereto and incorporated herein). B. ENGINEER shall make its services available to the CITY in a manner satisfactory to the City Manager and City Council. C. ENGINEER will represent the CITY in engineering matters, as directed by the City Manager or designee. D. ENGINEER shall attend regular, special or workshop meetings of the City Council and meetings of the CITY Advisory Boards as directed by the City Manager or designee. E. ENGINEER shall make such technical investigations, as the City Manager or designee deems necessary and submit its findings and recommendations to the City Manager or designee. F. ENGINEER shall, as requested by the City Manager or designee, review land development applications submitted to the CITY for compliance and consistency with applicable codes and make such recommendations as are necessary regarding engineering, surveying and other technical matters. G. ENGINEER shall, as directed by the City Manager, review the construction of capital improvements and site improvements by persons or entities other than the CITY. H. ENGINEER shall perform professional engineering services for design, preparation of construction plans and specifications, permitting, bidding and services during construction for capital improvements undertaken by the CITY. I. ENGINEER shall assist CITY in dealing with issues of regulatory /permitting compliance, including occurrences of hazardous waste and pollution of natural resources within the CITY'S jurisdiction. \\FILE SRVIFINADMIN \Finance DirectorMord (1oeuments\AGREEMENT FOR PROFESSIONAL. PBG Final 2002.doc4—.-.-.Em r+ee Usrec: cse:;. G�crrel ._d�er{rr�crns'•;A(iRELv3L_�1:f It }R._P14)FESSIONA_L..1 E3.j...Fina.l..2042 ;,doe 1 ENGINEER shall provide support services to the CITY for surveying and mapping, including Geographic Information Systems (GIS). SECTION 2 — TERM: TERMINATION This Agreement shall become effective on the date of the execution of this Agreement and continue through September 30, 2002; provided however, that either party may terminate this Agreement at any time, with or without cause, upon sixty (60) days advance written notice to the other party. ENGINEER shall be paid for performance of services rendered to the CITY in accordance with this AGREEMENT through the date of termination. SECTION 3 — COMPENSATION A. CITY shall pay ENGINEER for services rendered under this contract on an hourly basis at a rate not to exceed $130.00 per hour. The attached Exhibit A defines our billing rates for the term of this agreement. B. CITY shall compensate ENGINEER for reimbursable expenses including but not limited to printing, photocopies, long distance and cellular telephone calls, facsimile, blueprints, computer utilization, courier services, out of County travel, and outside contractual services. C. ENGINEER shall submit invoices to the CITY on a monthly basis and CITY shall pay ENGINEER monthly. SECTION 4 — GENERAL CONSIDERATIONS A. At the request of the CITY, ENGINEER shall supply copies of ENGINEER'S original documents prepared pursuant to this agreement. B. ENGINEER cannot and does not guarantee that proposals, bids, or actual project costs will not vary from ENGINEER'S judgment and opinion of possible costs. C. For the term of this agreement, ENGINEER shall carry Professional Liability Insurance in the amount of One Million Dollars ($15000,000.00). Evidence of said insurance shall be supplied to the CITY. SECTION 5 — SPECIAL CONDITIONS A. ENGINEER shall work with the City Council, City Manager and Growth Management Director at formulating and implementing new policies and procedures to expedite the development review process. B. ENGINEER and CITY agree that new projects of significance (such as regional park, fire station, canal improvements, or other specific capital design or study projects) added to ENGINEERS assignments are a basis for increasing ENGINEERS charges. ENGINEER \ \FILE. SMFINADMIN`•,Finance Director \Word documents'AGRFEMENT FOR PROFESSIONAL, PBG Final 2002.docf.:'.F:nancc Dir ct. \ \u. rd icu:r^ ^t 'u: iv�n nn r:nrr FOR PRCI E:cc:: NIAL P2C Final 20102.d c 2 and City Manager will agree to scope and additional compensation before work is authorized and begins. SECTION 6 — AMENDMENTS A. This Agreement shall only be amended in writing upon execution by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. THE CITY OF PALM BEACH GARDENS MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK LBFH, INC. DANIEL P. CLARK, P.E. \ \FII.F SMFINADMIN•.Finance DirectorMord d0CUn1ents`•.AGRFFMFNT FOR PROFF_SSIONAL. PBG Final 2002.dod,:'`,Fi;1c.;100 E °; C;:; `. "':;;d d� ;7t "`.P.0 vrn:nTrr ^:: ['C ° u::c1:F `�;::).NA PBC- Finn! 21;0,2.doc 3 EXHIBIT A TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis. A. Personnel Hourly Billing Rates: Project Director .......................................................... ............................... $130.00 Sr. Client Service Manager ........................................ ............................... $120.00 Client Service Manager .............................................. ............................... $100.00 Sr. Project Engineer ................................................... ............................... $100.00 Project Engineer V ............................:......................... ............................... $ 98.00 Project Engineer IV ..................................................... ............................... $ 88.00 Project Engineer III ...................................................... ............................... $ 82.00 Project Engineer II ....................................................... ............................... $ 77.00 ProjectEngineer I ........................................................ ............................... $ 72.00 Sr. Designer ................................................................ ............................... $ 85.00 Designer...................................................................... ............................... $ 80.00 Survey Client Service Manager ................................... ............................... $ 90.00 Sr. Professional Surveyor & Mapper ........................... ............................... $ 85.00 Professional Surveyor & Mapper ................................. ............................... $ 75.00 Engineering & Survey Technician II ............................ ............................... $ 70.00 Engineering & Survey Technician I ............................. ............................... $ 60.00 Sr. Field Representative .............................................. ............................... $ 85.00 Field Representative II ................................................ ............................... $ 70.00 Field Representative I ................................................. ............................... $ 55.00 SurveyCrew ............................................................... ............................... $100.00 GPSEquipment .......................................................... ............................... $ 35.00 Administrative Support ................................................ ............................... $ 35.00 B. Outside contractual services secured by ENGINEER on CLIENT'S behalf, travel costs by commercial carrier, direct non -salary expenses including, but not limited to, meals, lodging, special mailing or .. delivery services, legal advertisements and notices, title search service and special survey materials shall be reimbursed at ENGINEER'S actual cost. C. A 1.5- percent charge will be added to all invoices to cover ENGINEER'S expense items such as occasional photocopies, telephone charges, fax, local travel, and regular postage. D. Contract printing and blueprinting shall be charged at ENGINEER'S actual cost. Internally - produced blueprints shall be charged at $ 0.25 per square foot or fraction thereof, and photocopies shall be charged at $ 0.15 per sheet. \ \FILE SRVTINADtdIN \Finance DirectorMord documents \2002 Billinq Rates for Palm Beach gardens docL :'F;naraec DrcctornWcra ,,cc,;.,,.,e; 02 B;!!mg Rata-- fcr Pa;m, Beach gardens -aloe 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum: September 26, 2001 Meeting Date: October 4, 2001 Subject /Agenda Item: 2001 Local Law Enforcement Block Grant Recommendation/Motion: Staff recommends approval of a fund transfer from the FY2001 /02 Police Department operating budget to a police grant fund to provide matching funds in the amount of $3,191 for a Local Law Enforcement Block Grant award totaling $28,721. Reviewed by: Originating Dept.: Costs: S 3,191.00 Council Action: (Total) Police City Atto y [ ] Approved Finance $ 0 [ ] Approved w/ Current FY conditions ACM [ ]Denied Human Res. Advertised: Funding Source: [ ] Continued to: tt Oe ' Date: [ X ] General Fund Attachments: 1 1. Copy of letter from [ ] Other Dept. of Justice approving grant application 2. Budget transfer form Paper: [ X] Not Required Submitted by: Department Director Affected parties [ ] Notified Budget Acct. #: 01- 1000 - 521.6400 [ ] None Approved by: City ager [ X] Not required BACKGROUND: The U.S. Department of Justice has awarded the City of Palm Beach Gardens Police Department grant funding in the amount of $28,721 for the 2001 Local Law Enforcement Block Grant. The City of Palm Beach Gardens Police Department is required to match funds in the amount of $3,191. DISCUSSION: Funds from this grant award will be used to expand the department's capability in information technology in field operations, including: traffic enforcement, criminal investigations, and tactical operations. The equipment purchased with this grant funding will provide data Agenda Cover Memo Meeting Date: October 4, 2001 Page 2 of 2 connection for approximately 22 mobile data computers to the National Crime Information Center and Florida Crime Information Center. The projected cost will be $14,300 for equipment and $17,600 for recurring airtime and software charges. This will allow for the first time, police units other than patrol operations, to send and receive data through a network. The total cost of the project is approximately $31,900. RECOMMENDATION: Staff recommends the approval of a fund transfer of $3,191 from the FY2001/2002 Police Department operating budget to a police grant fund to provide the matching funds required for the 2001 Local Law Enforcement Block Grant of $28,721 and allowing for the use of $3,191 in matching funds. w "T U.S. Department of Justice i _ Office of Justice Programs ,cs Q" Bureau of Justice Assistance Office of the Director Washington, D.C. 20531 July 11, 2001 Mr. Ferns City Manager, Palm Beach Gardens City 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4697 RE: Fiscal Year 2001 Local Law Enforcement Block Grants Program Dear Mr. Ferris: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2001 Local Law Enforcement Block Grants ( LLEBG) Program in the amount of $28,721 for Palm Beach Gardens City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514 -6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458 -0786. I look forward to a continuing partnership with Palm Beach Gardens City in furtherance of this important criminal justice program. Sincerely yours, Richard H. Ward, III Acting Director Attachments Budget Transfer Form Amount to be transferred $3,191 From Account Number 01- 1000 - 521.6400 To Account Number 01- 1000 - 521.9101 Purpose: Transfer to Police Grant Fund to use as matching funds for 2001 Local Law Enforcement Block Grant. Request by: Department Head: City Manager: CAMy Documents \FINANCE FORMS \Finance Transfer Form.doc CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: September 20, 2001 Meeting Date: October 4, 2001 Subject/Agenda Item: Resolution 149, 2001- Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: City Attorne Originating Dept.: Gro h Management Costs: $ 0 (Total) Council Action: [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other Submitted by: Sean C. Donahue, P.E. Assistant City Engineer Affected parties ] Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. RESOLUTION 149, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: . SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat consisting of three (3) sheets dated September 2001, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 149, 2001 Page 2 of 2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello L br INC CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold, City Clerk FROM: Sean C. Donahue, P.E. DATE: September 20, 2001 FILE NO. 01 -4191 SUBJECT: Regional Center - Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue We have reviewed the plat for the referenced project prepared by Lidberg Land Surveying, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P APR0JECTS\P13GM EMO \4191 \4191 j CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: September 21, 2001 Meeting Date: October 4, 2001 Subject/Agenda Item: Resolution 150, 2001- Ballenlsles Pod 21 -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: City Attorney Originating Dept.: GroXyth Management Costs: $ 0 (Total) Council Action: [ ] Approved . LQ, $ 0 ( ] Approved w/ Finance Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating (X ]Not Required [ ] Other bmitte� can 'Dona Donahue, P.E. Assistant City Engineer Affected parties ( Notified Budget Acct. #: [ ]None Approved by: ti City Manager [X] Not required BACKGROUND: See attached memorandum. RESOLUTION 150, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE BALLENISLES POD 21 PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Ballenlsles Pod 21 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Ballenlsles Pod 21 Plat consisting of three (3) sheets dated August 2001, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 150, 2001 Page 2 of 2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello L br INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold, City Clerk FROM: Sean C. Donahue, P.E.ekA DATE: September 21, 2001 FILE NO. 01 -4195 SUBJECT: BallenIsles Pod 21 Plat We have reviewed the plat for the referenced project prepared by Keshavarz & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P APROJECTS\PBGMEMO \4195 \4195g CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 21, 2001 Meeting Date: October 4, 2001 Subject/Agenda Item: Approval of Resolution 151, 2001 providing for the approval of a contract with Brenda Engle to serve as the Tennis Professional from October 1, 2001 through September 30, 2002, at a rate of $15,000. Recommendation /Motion: Staff recommends approval of Resolution 151, 2001 allowing the City to enter into a contract with Brenda Engle to serve as the Tennis Professional from October 1, 2001 through September 30, 2002. Reviewed by: Originating Dept.: Costs: $15,000 Council Action: Total City Attorney Parks and Recreation [ ] Approved Finance $ 15,000 [ ] Approved wi conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ X ] Operating Paper: [ ] Other 1. Memo from Assistant Parks and Recreation Director 2. Copy of Proposed contract. 3. Copy of Resolution [ X ] Not Required 151, 2001 Submitted by: Brian McLaughlin, Assistant D partment Affected parties Budget Acct. #:: Director tified 01- 2030 - 572.3310 [ ] None Appro by C nag [ ] Not required CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: September 21, 2001 FROM: Brian McLaughlin, Assistant Director of Parks and Recreation SUBJECT: Annual Contract for Tennis Professional BACKGROUND: The Tennis Professional's contract is renewed in October of each year. This proposed contract will be the third for Brenda Engle at the new Tennis Center, and her 13`, overall with the City of Palm Beach Gardens. DISCUSSION: The proposed contract, at a rate of $15,000 per year, for the time period of October 1, 2001 through September 30, 2002, is identical to the present contract. The contract calls for Brenda Engle to provide the services as the Tennis Professional at the Tennis Center, as well as for her to operate the Tennis Center Pro Shop. RECOMMENDATION: Staff recommends approval of the contract with Tennis Professional Brenda Engle, in the amount of $15,000 to serve as the Tennis Professional for the Tennis Center and to operate the Tennis Center Pro Shop. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 151, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A TENNIS PROFESSIONAL AND TENNIS PRO SHOP AGREEMENT WITH BRENDA ENGLE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; 'PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide quality tennis services to the residents of the City of Palm Beach Gardens; and WHEREAS, the City has negotiated an agreement with Brenda Engle to serve as tennis professional and operate the tennis pro shop within the City; and WHEREAS, the City Council has determined that the execution of the agreement with Brenda Engle is in the best interest 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 approves the Tennis Professional and Tennis Pro Shop Agreement with Brenda Engle and authorizes the Mayor and City Clerk to execute the Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein. 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 12001. ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK MAYOR JOSEPH R. RUSSO AYE NAY ABSENT -2- CITY OF PALM BEACH GARDENS TENNIS PROFESSIONAL AND TENNIS PRO SHOP AGREEMENT WITNESSETH this agreement made and entered into this day of 2001, between the City of Palm Beach Gardens, Florida, a Florida municipal corporation, hereinafter designated as "City" and Brenda Engle, individually, hereinafter designated as "Professional", that, in consideration of the mutual promises herein contained, it is agreed as follows: SECTION 1 The City shall employ the Professional as a "Tennis Professional" at the tennis facility operated by the City Parks and Recreation Department, and the Professional shall accept such engagement and agree to act as an independent contractor upon the terms and at the compensation hereinafter set forth. SECTION 2 THE PROFESSIONAL AGREES: A. To organize and operate tennis programs for the City's tennis facility and for City residents and their guests; to be in charge of and manage the court reservations; to conduct and direct tournaments, clinics and lessons, and to be responsible for financial reporting, and to promote good public relations with City residents and their guests in a manner satisfactory to the City. B. To assist in directing, the maintenance staff who perform the daily maintenance on the courts. C. To be responsible for having a "Tennis Pro Shop" open to the public and court controlled supervision pursuant to Schedule "A" attached; and to post information at the Pro Shop regarding use of the tennis facility. D. To employ, at her own expense, any and all assistant professionals who may be needed to assist in tennis instructions. E. To abide by and carry out the policies of the City and the Parks and Recreation Department as they apply to the tennis facility and the Professional; to advise the Parks and Recreation Director regarding tennis fees and league fees; and to recommend any change to such fees. F. To work a full -time weekly schedule under the supervision of the Athletic Coordinator with the approval of the Parks and Recreation Director. SECTION 3 THE CITY AGREES:. A. To pay the Professional the sum of $15,000 to be paid in equal parts on a bi- weekly basis beginning October 1, 2001, and ending on September 30, 2002. B. To lease to the Professional space for a Tennis Pro Shop. The lease payment shall be $3,600 payable in bi- weekly installments of $138.46, beginning October 1, 2001. The Professional agrees to enter into such other agreements as may be necessary to facilitate this lease. C. To allow the Professional the exclusive use of one tennis court at the tennis facility for the purpose of giving instruction and to grant the Professional the exclusive privilege of giving such instruction. This court shall be open for regular play when not in use by the Professional for instructional purposes. D. To allow the Professional to retain all fees from tennis instruction, clinics, and tournaments, provided that such fees for individual instruction will be mutually agreed upon by the Parks and Recreation Director and the Professional. Daily court fees and membership dues shall be collected by the Professional and Pro Shop recreation workers and turned in daily to the City. E. To employ full -time and part-time personnel known as "tennis facility recreation workers" under the immediate supervision of the Professional. Tennis facility recreation workers shall not provide or assist in tennis instruction. F. To grant the Professional the exclusive right to sell merchandise, and to rent equipment and supplies at the Tennis Pro Shop, provided that the prices charged shall be reasonable and shall not be in excess of the prices charged at similar tennis facilities and pro shops within Palm Beach County. City reserves the right to adjust prices within its discretion G. To grant Professional authority to retain profit from the sale of tennis equipment and accessories from the Tennis Pro Shop. H. To grant the employee benefits of medical and dental coverage with option to purchase dependent coverage at the City's cost. All costs associated with dependent coverage shall be the responsibility I. of the Professional. To grant the Professional up to three weeks personal leave as authorized by the Parks and Recreation Director. Administrative Leave may be authorized by the Parks and Recreation Director to attend conferences, seminars and workshops at the Professional's expense. All personal leave and /or administrative leave requests must be submitted by the Professional in writing to the Parks and Recreation Director, at least 2 weeks in advance. SECTION 4 . It is further agreed that this contract shall be in full force and effect from the 1st day of October, 2001, until September 30, 2002, but may be terminated by the City upon a thirty (30) day written notice to the Professional that the City intends to withdraw from this contract. The notice must be in a form of a letter directed to the Professional. The Professional shall give the City a sixty (60) day written notice of any intention to withdraw from this contract. This notice must be in the form of a letter directed to the Parks and Recreation Director. SECTION 5 It is mutually agreed that this contract constitutes the sole and complete agreement between the City and the Professional; that no verbal or other statements, inducements or representations have been made to or relied upon by the Professional; and that no modification hereof shall be binding upon either party unless in writing and signed by an authorized representative of the City and the Professional. SECTION 6 Indemnification. The Professional agrees to indemnify City and its officials, employees and agents (collectively the "City) against, and to hold City harmless from and against, and to reimburse City on demand by City for any liability, damage, loss, cost or expense (including attorneys' fees and cost of investigation incurred in defending against and/or settling such liability, damage, loss, cost or expense or claim therefor and any amounts paid in settlement thereof) (collectively, "Losses ") imposed on or reasonably incurred by City with respect to this Agreement. Insurance. The Professional agrees to provide documentation of adequate and appropriate insurance and liability coverage which shall be determined to be satisfactory to the City in the City's reasonable discretion. Governing Law. This Agreement shall be construed and enforced in accordance with, and governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction of venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida; (b) consents to the jurisdiction of each such court in any suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agrees that service of any court paper may be effected on such party as may be provided under applicable laws or court rules in said state. Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, including allocated costs of in -house attorneys, court costs, and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. IN WITNESS HEREOF, the parties have hereunto set their hands and seals on the day and year first above written. CITY OF PALM BEACH GARDENS Joe Russo, Mayor ATTEST: Carol Gold, CMC, City Clerk Carol Gold, City Clerk Susan Miller, Director/Parks & Recreation APPROVED AS TO LEGAL FORM AND SUFFICIENCY: City Attorney TENNIS PROFESSIONAL Brenda Engle, Tennis professional WITNESS AS TO TENNIS PROFESSIONAL CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: September 21, 2001 Meeting Date: October 4, 2001 Subject/Agenda Item: Resolution 152, 2001 -PGA Commons Plat 2 -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorne Growth Management [ ] Approved Finance am 16. tq _ �"t/� $ 0 Current FY [ ] Approved w/ conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Attachments: Other [ ] Operating [X ]Not Required [ ] Other Submitted by: Sean C. Donahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. RESOLUTION 152, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PGA COMMONS PLAT 2 PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the PGA Commons Plat 2 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the PGA Commons Plat 2 Plat consisting of three (3) sheets dated August 2001, prepared by Wallace Surveying Corporation, attached hereto as Exhibit «A „ SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 152, 2001 Page 2 of 2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello L br INC. CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold -City Clerk FROM: Sean C. Donahue, P.E. DATE: September 21, 2001 FILE NO. 99 -4067 SUBJECT: PGA Commons Plat 2 (PGA Commons No. 3) We have reviewed the plat for the referenced project prepared by Lidberg Land Surveying, Inc. The plat was reviewed for compliance with Chapter 177 of the Florida statutes and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therefore, we recommend its approval. SCD/ PA\PROJECTS\PBGM EMO \4067 \4067zb CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 25, 2001 Meeting Date: October 4, 2001 Subject/Agenda Item: Consideration of Resolution 155, 2001, authorizing the Mayor and City Clerk to execute a joinder and acceptance to a quit -claim deed within the Mirasol PCD. Recommendation: Approval of Resolution 155, 2001 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attorney 4� Not Applicable [ ] Approved [ ] Approved with conditions [ ] Denied Submitted by: City Attorney Advertised: Funding Source: [ ] Continued to: Date: ( ] Operating Paper: [ X] Not Required [ ] Other Approved by: Attachments: City Manager ected parties: Resolution 155,2001 [ ] Notified [ X] Not Required Explanation: The plats for the Mirasol PCD dedicated various easements and parcels to the Mirasol Master Maintenance Association, Inc. The Mirasol Master Maintenance seeks to convey a tract of land to The Grande at Mirasol, Inc. to provide access to their property and replace an existing temporary access easement. Execution of this document is a housekeeping matter and has no impact upon the City. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 155, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINDER AND ACCEPTANCE TO THE CONVEYANCE OF AN ACCESS PARCEL WITHIN THE MIRASOL PCD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Taylor Woodrow Communities has requested that the City execute a joinder and acceptance to a quit -claim deed conveying a parcel within the Mirasol PCD to provide access to The Grande at Mirasol and to replace a temporary access easement; and WHEREAS, this property was originally dedicated to the Mirasol Master Maintenance Association by plat and approved by the City; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to execute such joinder and acceptance. 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 authorizes the Mayor and City Clerk to execute the joinder and acceptance to the quit -claim deed attached hereto as Exhibit "A" and incorporated herein by this 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 shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. de RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- PREPARED BY: Legal Department Taylor Woodrow Communities 8430 Enterprise Circle, Suite 100 Bradenton, FL 34202 Cut out of Parcel ID #: part of # 52- 42- 41- 34 -00- 000 -1040 And # 52- 42- 41- 34 -00- 000 -1050 Grantee's Tax I.D. No. QUITCLAIM DEED THIS QUITCLAIM DEED is made and effective as of the 7 day of September, 2001, by MIRASOL MASTER MAINTENANCE ASSOCIATION, INC., a Florida non- corporation ( "Grantor "), whose address is 8430 Enterprise Circle, Suite 100, Bradenton, FL 34202, to THE GRANDE AT MIRASOL, INC., a Delaware corporation, hereinafter ( "Grantee "), whose address is c/o Kolter Property Management, 150 E Palmetto Park RD, STE 330, Boca Raton, FL 33432. WITNESSETH, that the said Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, Grantor remises, releases and quitclaims unto Grantee, and its successors and assigns forever, all the right, title, interest claim and demand which the Grantor has in and to the following described land situate, lying and being in the County of Palm Beach, State of Florida, (the "Property") to wit: See Exhibit "A ", attached hereto, consisting of 3 pages. SUBJECT to easements, restrictions and reservations of record and taxes for 2001, and subsequent years. GRANTOR hereby reserves for itself, its successors and/or assigns, an easement over, under and upon the Property for ingress, egress, access, installation, construction, operation, maintenance, repair and replacement of drainage, utilities, irrigation, lighting, sidewalks and bike paths. TO HAVE AND TO HOLD the same, together with all singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behalf of the said Grantee, and its successors and assigns forever. IN WITNESS WHEREOF, Grantor and Association have caused these presents to be executed the day and year first written above. Witnesses: MIRASOL MASTER MAINTENANCE ASSOCIATION, INC., a Florida non - profit zw Craig . Perna, President Print nAe: G,' a t:N_ )LS.X -t` -4),J T: \Legal\Mirasolkol ete-r--*kpt \QCD- TractW STATE OF FLORIDA } COUNTY OF PALM BEACH } The foregoing instrument was acknowledged before me this rl day of September, 2001 by Craig A. Perna as President of Mirasol Master Maintenance Association, Inc., a Florida non - profit corporation, on behalf of the corporation, and he is personally known to me. D4, i, � ° 2 y: NOTARY PUBLIC State of Florida at Large .� �,• i� =,t ; .•� . * _ Printed Name: (Notarial Seal) z $ : qpp 020769 Q ` My Commission No: D-b O -L. a 7 q �7,k: ��9•. � �;• °`� My Commission Expires: A PrL a 6 a oo S THIS JOINDER AND ACCEPTANCE is made and effective as of the day of 52001, by The City of Palm Beach Gardens. The City of Palm Beach Gardens joins in this Quitclaim Deed to acknowledge its consent to such conveyance. ATTEST: Print Name CITY OF PALM BEACH GARDENS an Its: Print Name: S: \tayl \taylgolf \dwg \golfsk40.dwg 03/26/01 12:38:06 PM EST LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION,OF TRACT W, MIRASOL PLAT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT W, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF JOG ROAD, TRACT A, OF THE AFOREMENTIONED MIRASOL PLAT ONE, SAID POINT BEING ON THE ARC OF'A NON- TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2560.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 76'25'50" EAST; THENCE NORTHERLY ALONG SAID WEST RIGHT - OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'54'44 ", AN ARC DISTANCE OF 40.75 FEET TO THE POINT OF TANGENCY; THENCE NORTH 14'28'54" EAST, A DISTANCE OF 575.90 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2023.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'26'56 ", AN ARC DISTANCE OF 157.08 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST RIGHT -OF -WAY LINE, NORTH 35'25'58" WEST, A DISTANCE OF 35.64 FEET; THENCE NORTH 80'53'53" WEST, A DISTANCE OF 14.75 FEET TO A POINT ON THE WEST LINE OF SAID TRACT W, SAID POINT BEING ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1983.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 80'40'57" WEST; THENCE NORTHERLY ALONG SAID WEST LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'40'34 ", AN ARC DISTANCE OF 58.01 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 80'53'53" EAST, A DISTANCE OF 14.22 FEET; THENCE NORTH 53'01'07" EAST, A DISTANCE OF 36.02 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT -OF -WAY LINE OF JOG ROAD, SAID POINT BEING ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE.WEST HAVING A RADIUS OF 2023.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 83'03'53" WEST; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'05'51 ", AN ARC DISTANCE OF 109.37 FEET TO THE POINT OF BEGINNING. CONTAINING 2,977.02 SQUARE FEET OR 0.07 ACRES, MORE OR LESS. LEGAL DESCRIPTION CONTINUED ON SHEET 2 OF 3 SHEET 1 OF 3 SEC. 34, TWP. 41S., RGE. 42 E. REV: — FL E.B. NO. 48 FL L.B. NO. 48 ACCESS TRACT SCALE: N/A FIELD: — � MIRASOL PLAT ONE TRACT W DATE: 03 -26 -01 DRAWN: KMB eH�IHeees�SURV�rOs a PLAT BOOK 89, PAGES 14 -23 GOLF DIGEST, PCD PANG. 99339.82 APPR: MH� T 5720 Corporate Way, West Palm Beach, Florida 561 � 683-3113, fax 478 -7248 33407 PALM BEACH GARDENS, FL. SEC. 34, TWP. 41 S, RGE 42E DR. NO. A -3967 S: \tayl \taylgolf \dwg \golfsk40.dwg 03/26/01 12:38:06 PM EST LEGAL DESCRIPTION (CONTINUED) BEARINGS SHOWN HEREON ARE BASED ON A PORTION OF THE EAST LINE OF TRACT W, MIRASOL PLAT ONE, AS RECORDED IN PLAT BOOK 89, PAGES 14 -23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEARING BEING NORTH 14'28'54" EAST. NOT VALID WITHOUT ACCOMPANING SKETCH. SHEET 3 OF 3 NOTES: 1. INFORMATION SHOWN HEREON DOES NOT CONSTITUTE, NOR DOES IT REPRESENT, A SURVEY OF THE SUBJECT PREMISES. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3. MOCK, ROOS AND ASSOCIATES, INC., LICENSED AUTHORIZATION NO. LB -048-. MARY HANNA CLODFELTEKF/ PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 4763 SHEET 2 OF 3 SEC. 34, TWP. 41 S., RGE. 42 E. REV: — FL E.B. NO. 48 FL L.B. NO. 48 ACCESS TRACT SCALE N/A MIRASOAL ONE FIELD: — M )C O ^�, l.i • 1.17 CLAW DATE: 03 -26 -01 DRAWN: KMB APPR: M 5720 ENGINEERS = SURVEirgtts= ;p�NNEr�s ' Corporate Way, West Palm Beach, Florida 33407 561 � 683 -3113, fax 478 -7248 PST GOLF DIGESTGPCDI4 -23 PALM BEACH GARDENS, FL. SEC. 34, TWP. 41S, RGE 42E PANG. DR. NO. 99339.821 A -3967' S: \tavl \taylaolf \dwa \aolfsk40.dwo 03/26/01 12:49:04 PM EST 29 28 28 27 2 28 3 I HOOD ROAD 34 5 I I 32 33s3 sEnconsr _ 33 34 n AH02ITY I w I �3s _-' I '�3 SITE -� A2 -1 i I N I Q ESMT GOLF DIGEST, PCD I I I 4 e 9 I T#_10 I L PGA BOULEVARD to 11 0 40 ( ¢ JO N LOCATION MAP V ^O^ OEM PCD (NOT TO SCALE) � R= 1983.00' A= 10'40'47 L= 369.63' RADIAL S80'53'53 "E 14.22' NOTES: �5j'►v 1. INFORMATION SHOWN HEREON DOES NOT CONSTITUTE, O � � 0 II O� Ja NOR DOES IT REPRESENT, A SURVEY OF THE SUBJECT PREMISES. 2. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. -� 3. MOCK, ROOS AND ASSOCIATES, INC., LICENSED M AUTHORIZATION NO. LB -048. 4. BEARINGS SHOWN HEREON ARE BASED ON A PORTION O OF THE EAST LINE OF TRACT W, MIRASOL PLAT ONE, AS RECORDED IN PLAT BOOK 89 PAGES 14 - 23 O POINT OF o TANGENCY oN� sW n w U- '- Ni 03 04 Ln C,4 ON oz CID PB 89, PGS 14 -23 Q -1 - I Z o VI ESMT U_ a. I M N IEE U L Ci i2 w CL 0 40 ( ¢ JO N OFFICIAL RECORD BOOK V ^O^ OEM PCD U Q N � N eq �p p c� .N trj 4 PAGE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, a 2 6!P . BEARING BEING NORTH 14'28'54" EAST. o O MIRASOL PLAT ONE rn LEGEND PB 89, PGS 14 -23 A CENTRAL ANGLE TRACT X �! ,C)2N ESMT EASEMENT FPL FLORIDA POWER & LIGHT 3 _� IEE INGRESS - EGRESS EASEMENT L ARC LENGTH w CL ORB OFFICIAL RECORD BOOK �naN a Q PCD PLANNED COMMUNITY DEVELOPMENT � PG PAGE CO R RADIUS �a SQ.FT. SQUARE FEET SUA SEACOAST UTILITY AUTHORITY m SOUTH LINE SECTION 34 40 84' `- 25' SUA IEE ORB 12056, PG 803 GOLF DIGEST, PCD NOT PLATTED N88'10'53 "W 20' SUA ESMT -25' FPL ESMT ORB 6525, ORB 2268, PG 940 / PG 54 POINT OF —J COMMENCEMENT pj 00 itj Q: . _j I 2 -POINT OF BEGINNING 3 2 60, m o 47 0.) 3 O N� " 2 `n R= 2560.00' c rn Q D= 00'54'44" `v,� I L= 40.75' S R 25 50 DIAL o o o V) rn � o� l�l N rn 0 0 � W O ZM 11 a- O N 0 s / 0 JaQ C)�r �a SECTION 34 TOWNSHIP 41 S SECTION 3 TOWNSHIP 42 S SE CORNER TRACT W o n u SHEET 3 OF 3 PB 89, PGS 14 -23 1�7'' SEC. 34, TWP. 41 S., RGE. 42 E. REV; - FL E.B. NO. 48 FL L.B. NO. 48 ACCESS TRACT SCALE: 1 " = 40' FIELD: - MOC Woo MIRASOL PLAT ONE nm, TRACT W DATE: 03 -26 -01 PLAT BOOK 89, PAGES 14 -23 DRAWN: KMB ENGINEERS • GOLF DIGEST, PCD PANG. 99339.82 West a PALM BEACH GARDENS, FL. APPR: MH 5720 Corporate Way West Palm Beach, Florida 33407 SEC. 34, TWP. 41S, RGE 42E DR. NO. A -3967 5561 ) 683 -3113, fax 478 -7248 S R 25 50 DIAL o o o V) rn � o� l�l N rn 0 0 � W O ZM 11 a- O N 0 s / 0 JaQ C)�r �a SECTION 34 TOWNSHIP 41 S SECTION 3 TOWNSHIP 42 S SE CORNER TRACT W o n u SHEET 3 OF 3 PB 89, PGS 14 -23 1�7'' SEC. 34, TWP. 41 S., RGE. 42 E. REV; - FL E.B. NO. 48 FL L.B. NO. 48 ACCESS TRACT SCALE: 1 " = 40' FIELD: - MOC Woo MIRASOL PLAT ONE nm, TRACT W DATE: 03 -26 -01 PLAT BOOK 89, PAGES 14 -23 DRAWN: KMB ENGINEERS • GOLF DIGEST, PCD PANG. 99339.82 West a PALM BEACH GARDENS, FL. APPR: MH 5720 Corporate Way West Palm Beach, Florida 33407 SEC. 34, TWP. 41S, RGE 42E DR. NO. A -3967 5561 ) 683 -3113, fax 478 -7248 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: Date Prepared: 9/7/2001 Subject /Agenda Item: Approval of Subgrant Application for Highway Safety Funds Recommendation/Motion: Staff recommends approval of Subgrant Application for Highway Safety Funds through the Florida Department of Transportation Safety Office for the fiscal year 2001/2002. Reviewed by: Originating Dept.: Police Costs: -0- Council Action: Total Cit y Attorne � y/% [ ]Approved Finance $ 0 [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ X ] General Fund Subgrant application for Paper: p [ ]Other FDOT Highway Safety [ x ] Not Required funds S itt b Department Director Affected parties i ied Budget Acct.#: [ ] None Approv b +. Cit [ X ] Not required ZGROUND: BAC Traffic - related calls for service in our City have increased 53% over the last three years. Included in these calls for service are traffic crashes. The Department averaged 190 traffic crashes each month of this calendar year to date. Traffic crashes have been reduced by 23% over the past three years, largely due to increased enforcement activity. Over the past three years, the number of traffic violations issued has increased by 60 %, without an increase in staffing. DISCUSSION: In order to produce this reduction in crashes, enforcement activities have been primarily restricted to the major thoroughfares in the City, often at the expense of the residential communities. The Traffic Unit therefore applied for and was awarded a grant for highway safety funds from the Florida Department of Transportation to fund an Aggressive Driving Project. This project is intended to provide an enforcement officer, his motorcycle and laser radar unit to conduct enforcement on both PGA Boulevard and Northlake Boulevard in an attempt to reduce aggressive driving and speeding on those highways. Nine of the "ten worst intersections" in our city are located along these two corridors. The Traffic Unit will add one other enforcement officer to man this project. We believe that this project will provide us with the enforcement level we need to keep traffic crashes at a reduced level and create free time for the remaining enforcement officers to work in our residential areas. This grant is for a three -year period and funded at 100% of the officer's salary, benefits and major equipment for the first year. The second year is funded at 75% and the third at 50 %. The equipment provided by the Grant includes the cost for leasing two motorcycles and two new laser radar units. Our cost in this project will. consist of uniforms and personal equipment for the officer totaling $13,594.00 which has been included in the budget for Fiscal Year 2001/2002. RECOMMENDATION: It is the recommendation of Staff that council for the three -year accept this application for a Highway Safety Grant period described above. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500- 065.01 SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS SAFETY OGC - 07/01 For D. 0. T. Use Only Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: I Date Revised: ISubgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: City of Palm Beach Gardens Aggressive Driving Project 2. Type of Application: 16 Initial O Continuation 3. Requested Subgrant Period: October 1 , 2001 to September 30, 2002 4. Support. $66,247.00 Sought: 5. Applicant Agency (Subgrantee): City of Palm Beach Gardens Ronald Ferris, City Manager 10500 N. Military Trail Matching $13, 594 Total $79, 841 Share: Budget Palm Beach Gardens, F1. 33410 Telephone: ( 561) 799-4110 7. Federal ID Number: 59- 6045863 -001 9. Chief Financial Officer: Allan Owens, Finance Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Fl. 33410 Telephone Number: ( 561 ) 799-4163 Fax Number: (561) 799-4190 E -Mail Address: 6. Implementing Agency: Palm Beach Gardens Police Department James O. FitzGerald, Chief of Police 10500 N. Military Trail Palm Beach Gardens, Fl. 33410 Telephone: ( 561) 799 -4401 8. State SAMAS Number (State Agencies) 10. Project Director: Lt. Rick Facchine Palm Beach Gardens. Police Dept. 10500 N. Military Trail Palm Beach Gardens, Fl. 33410 Telephone Number: ( 561) 799 -4590 Fax Number: ( 561) 799 -4408 E -Mail Address: - I Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.600, State and Community Highway Safety Program, through the Florida Department of Transportation. Part II: PROJECT PLAN AND SUPPORTING DATA 500 -065-01 SAFETY OGC - 07/01 State clearly and. in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) IStart below and use additional pages as necessary. Introduction The City, of Palm Beach Gardens is located on the southeast coast of Florida in northern Palm Beach County. Our city covers 54 square miles, approximately one third of which is undeveloped at this time. In the year 2000, the MacArthur Foundation, owners 14,000 acres of undeveloped property in our city, disposed of its holdings in the area. We are now-poised for the largest increase in development in our. city's history. In the next three years, up to 10,000 acres of this land is scheduled to be developed. The development will be a mix of residential and commercial projects. Large parcels of property along PGA Boulevard (SR786) are being developed, including the Mirasol Development, formerly known as the Golf Digest Project. New Schools to serve these developments, along with the Abacoa Development on our northern border are already being built. It is estimated that the City's population, currently 38,000 will grow to 80,000 by the year 2010. Large highway improvement projects including the. PGA Boulevard overpass at SR811 and a refurbishing of the Intracoastal bridge at PGA Boulevard are scheduled for the very near future. Also under consideration is the addition of another exit of the Florida Turnpike in the area of Northlake Boulevard in our city. Add these developments to the existing three exits off of 1 -95, the always busy Gardens Mail, Palm Beach Gardens Medical Center, Palm Beach Community College campus, United Technologies /Pratt Whitney facilities and the PGA National Resort and you can begin to see the challenges we will face with regard to traffic - related problems. 2 500.065-01 SAFETY OGC - 07/01 Statement of Problem Traffic related complaints are the number one call for service for the Palm Beach Gardens Police Department. The number of calls has risen dramatically in the last three years, from 18,625 in 1997/1998 to 28,649 for the fiscal year 1999/2000. This represents an increase of 53% in just three years. Traffic crashes had been rising steadily during the past years. In 1997, the Department worked 2,406 crashes including all short form reports. In 1998, the number rose to 2,690 and in 1999 -it rose even further to 2,705. Long form reports accounted for an average of 18% of these crashes. In the year 2000, we developed an enforcement strategy that differed from years past. Instead of targeting our busiest intersections for red light running, we moved back away from the intersections and increased our speed enforcement in the approaches to those intersections. Simply put, we wanted to stop the aggressive behavior before the driver reached the targeted intersections. Intensified enforcement activities brought an increase in the number of violations written by the traffic unit. In 1997 we wrote 6,623 traffic citations. Violations issued rose slightly in 1998 and 1999, but with change in enforcement strategies for the year 2000, violations rose to 10,044 with the same number of officers conducting the enforcement. We believe that, as a result of the intensified enforcement efforts and the emphasis on speed enforcement away from the intersections, that the number of our traffic crashes was directly affected. For the year 2000, we investigated a total of 2,072 traffic crashes — a decrease of 23% over the previous year. More importantly, the number of crashes occurring at our target intersections was reduced by an average of 32% over the previous year. We believe that by initiating an intensified enforcement effort now, problems associated with future development such as increased traffic - related calls and traffic crashes can be avoided and crashes can be reduced. 500 -065-01 SAFETY OGC - 07101 '�� f"5- �X "t yY �s_N'��3 �3�S DW,.YGS}FY� y USX "zi^�� { ��•.; ��� ����, ^< y, f'qy ��fl`ia:+*k�' ��4C"��E:ykdb� a}t. hVaxc" {l —V{»`T f�?��0 �4 i!¢n�l��Yh w�'; ���4i �Y�.�� a vY}���y�4•}�x v f``#.{3 +,.fir' A}g�.� �''l�c fyf X � wxS�.€ ss �i%, C; 3a � ,`}e;TC � F s� �r��rv- �����`�m �<`ti t 'r�}� ; _. �'ari 3thR "�i ,, .ae�R�€' fX3�3c t �i�"s� vt z <. ct�k # a rr t��£�'i �s5 3�t4n'}'' '�.'` 'ter. ���' -'�X :� "�F � '.r ti.�;;r'r�'�q,�' '�'Fh�� ✓its "� �v T'�,:'" M ia: ,ad` � ¢'�'s,��. r �� ���_a, 1 '�" 3 ✓� ravl'. � � v � � � � ,t�' y ac`s r Y� �z � 4 rw s t � 5 �}$t�'n x.�ij+ ��.uy ``''V�.�,�gyty6- -�stynx ;'�'`����"��i �"� Ssr;,a�z�y�y; se,.gx n°'.��'�w�. _n�'3�$'1'i{ {{ ��✓�1�``�O��V °hkt,� xa �Rz2..13' y�t '`{�vi 'A'S �': 5'i '"a..�`* 1•� `a`,�.,''< k{p'�c.�k"�£v��t'T`?r-s�' s '>T.- �" �f�, �`s' � �„ 55 �° ce.�`yy f' ,+ ,r z t�F y3 R Sw y��k':`ly �5 4� � v }, ' �;. =���W �' - a�7+."L.F��M +'i, �i�� N rY `� i�i`� � j'yd' y- i� ef.L i�.(��y�� '�. 3•f rE�i�"�'t'�T'i�'`�'S �. ';,' �i Qr *ig£ 'v? �s �R F Myyi' M T x s 3"_ -t�v 'h",n'i 4i' vale. +>*ta vsK�i3O ��t�� �� aim xi ti � k � ^ 1 iti i �,3err�yy)��Y f5 4�g��•�,yy .i�'`$� ,yt�e�..,.sr,i .re ? � ��� s �. :,T +-t' ��. .. p�� • ter � �a - e ' �i �'.t'k�i'FSt� YL�"xty° �w! .a" r`F'� �� v �y. �3 a "yam xv1 I,yzs` RA. d rE trey Y �� w x MIR ", , Ow a�'�y�3 tz? r?. : r" " �.t '�+' � e 4R �y r�s.£ � c d5 isJ• '�7 Yr�t`�*��� i' a ..: � ^` #� �� �c. � m r r F� °� �rn ;r• �� 3,�y'`���1�`v`r y,r^ 'k ��Sr ��t�� s -c,� 5�� �X.r� ''���� lks`'�di�:�..s`. �t� ��'�, su�� x �� , , paxs � F s w a �� gt '�x� <�, �r c _� �u a�' t€ 7�. • g 3 4 ' Proposed Solution 500-065-01 SAFETY OGC - 07/01 Data supplied by the Palm Beach Gardens Records Division and the Palm Beach County Traffic Division indicates that nine of the ten worst intersections in our City are located along two primary roadways — PGA Boulevard (SR786) and Northlake Boulevard (CR809). Both of these roadways are six -lane roadways serving as primary east -west traffic corridors. Posted speed limits range from 45 miles per hour to 55 miles per hour. We propose to establish two "Special Enforcement Corridors" along these roadways. Using high - profile enforcement activities, two new traffic enforcement officers would be deployed. Their primary enforcement activities would be concentrated in these corridors. These officers would be supplemented by officers currently assigned to enforcement duties whenever possible. Data would be tracked using Palm Beach Gardens Records Division and Palm Beach County Traffic Division records systems to determine (1) number and types of violations being written by enforcement officers and (2) the number of accidents being reported in the target corridors. Hours of deployment and the number of supplemental officers required would be determined by the data received and reviewed on a monthly basis. Speed enforcement in the approach areas of our busiest intersections along these corridors would continue to be our primary objective as long as the data supports the activity. Any necessary changes in the deployment of enforcement officers would be made after monthly reviews of the data. Intersections Number of crashes 1. PGA Blvd & Military Trail 66 2. PGA Blvd & Prosperity Farms Rd. 52 3. Northlake Blvd & Keating Dr 41 4. PGA Blvd & Alt A1A 41 5. Northlake Blvd & Military Trail 39 6. Northlake Blvd & Sandtree Dr 29 7. PGA Blvd & US Hwy #1 25 8. PGA Blvd & RCA Blvd 25 9. Northlake Blvd & MacArthur Blvd 23 10. Burns Road & Alt Al 22 Source: Palm Beach County Traffic Division — Accident Records 2000 5 500 -065-01 SAFETY OGC - 07/01 Upon approval of this Grant, the City of Palm Beach Gardens Police Department Shall: Assign a full -time officer to pro- active traffic enforcement duties within the target "enforcement corridors" in the City of Palm Beach Gardens. He will be assigned to work during time periods that coincide with the greatest hours of probable offender contacts, statistically proven to be 12:OOPM to 8:OOPM daily. He will be teamed with an existing enforcement officer to man the "Palm Beach Gardens Aggressive Driving Project ". 2. Conduct enforcement blitzes or saturation enforcement activities using the grant - funded officer and other enforcement officers to reduce the incidents of aggressive driving and traffic crashes within the enforcement corridors, targeting two major intersections within each "special enforcement corridor ". 3. Implement a public education campaign using local media to inform our residents and area citizens of our aggressive driving campaigns and stress awareness of the aggressive driving problem within our City and Palm Beach County. Goals and Objectives 1. Attempt to reduce the number of traffic crashes at the targeted major intersections along the "Special Enforcement Corridors" by 10% during the Grant period (2001/2002) through pro- active enforcement activities. 2. Conduct at least one enforcement blitz (saturation patrols) in the target corridors each week utilizing all available enforcement officers. 3. Attend HOA/POA Association meetings at least once each Quarter to inform residents of the on -going enforcement effort. 4. Promote media and newspaper coverage of our aggressive driving campaign — at least one event quarterly. Program Evaluation Through the use of our Department's CAD system, Palm Beach County Traffic Records SCARS system and the Palm Beach Gardens Records Division, the listed Goals and Objectives will be examined quarterly to determine if they have been met, and to determine the need for modifications to the project, if any. Traffic crash data, traffic citations issued, seat belt violations issued and other statistical data will be compiled and the results reported. D 7 500 -065-01 SAFETY OGC - 07/01 Timetable for Milestones Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB ,MAR APR MAY I JUN JUL AUG SEP Officer selected for Grant position ;XXX Project Team implements project via patrols XXX xxxxxx XXX XXX XXXXXX XXX XXX XXXKXX XXX Equipment ordered XXX Conduct saturation patrols XXX KXX XX).XXX;,.XXX,KXX? XXX?:XXX::XXX :XXX ?XXX} XXX Public awareness programs KXX [XX XXX :[ KXX Participate in Buckle Up ?XXX Florida enforcement activie> KXX [XX IXXX I i 7 eoaosso1 Part III: PROJECT DETAIL BUDGET SAFETY oGc - 07/01 Project Title: City of Palm Beach Gardens Aggressive Driving Project Proiect Number: Contract Number: Total Cost of Project $ /9, t3U1 . Ut; $66, 2U /. t U -U- 13,594.00! Budget Modification Number: Effective Date: 8 BUDGET CATEGORY TOTAL FEDERAL NON- FEDERAL FUNDING STATE LOCAL A. Personnel Services Salary for one officer $30,000.0 30,000.0( 000.00 Benefits for one officer 22,284.0 ) 22,284.0( 000.00 overtime for one officer 2,163.0 ) 2,163.0( 000.00 Sub -total 54, 447.0 ) 54, 447.0( 000.00 B. Contractual Services None Sub -total 000.0 000.0( 000.00 C. Expenses None I Sub -total 000.0 ) 000.00 000.00 D. Operating Capital Outlay Motorcycle Lease (2) 4,000.00 4,000.00 Laser Radar Units (2) 7,760.00 7,760.00 Uniforms & personal Equipment 13,594.00 13,594.00 Sub -total 11,760.00 1 1 , 760.00 13,594.00 E. Indirect Cost None 000.00 000.00 000.00 Sub -total Total Cost of Project $ /9, t3U1 . Ut; $66, 2U /. t U -U- 13,594.00! Budget Modification Number: Effective Date: 8 BUDGET NARRATIVE 500 -065-01 SAFETY OGC - 07101 Project Title: City of Palm Beach Gardens Aggressive Driving Project Project Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Federal Personnel Services $54,447.00 Costs to be reimbursed in this category include base salary for one officer, benefits and up to 100 hours for court - related overtime. Benefits include FICA, retirement, health and life insurance, incentive pay and workers compensation insurance. Reimbursement is being made at 100 percent.. Contractual Services 00.00 There are no costs under this category Expenses 00.00 There are no costs under this category Operating Capitol Outlay 11,800.00 Costs in this category to be reimbursed. include motorcycle /equipment lease, two Laser Radar units. Two motorcycles will be leased under this category Local costs include uniforms, equipment to include portable radios, helmets, rain gear and other equipment as needed to operate a police motorcycle, including training costs.. Local. 00.00 00.00 00.00 13,594.00 Budget Modification Number: 9 Effective Date: Part IV: REPORTS 500- 065-01 SAFETY OGC - 07/01 Quarterly Progress Report Narrative for the quarter. Project Title: Palm Beach Gardens Aggressive Driving Project Project Number: Implementing Agency: City of Palm Beach Gardens Police Department Project Director: Lt. Rick Facchine Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of Performance Indicators.should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 500- 065-01 SAFETY QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS oGc -07101 for the quarter. Project Title: Palm Beach Gardens Aggressive Driving Project Project Number: Implementing Agency: City of Palm Beach Gardens Police Department Project Director: Lt. Rick Facchine 11 Milestones Acomplished Performance Indicators Quarter Ending December 31 Quarter Quarter Quarter Ending Six -Month Ending Ending March 31 Totals ,tune 30 September 30 Project Totals Number of moving violation written by grant- funded officer Number of moving violation written by project officer Number of traffic crashes in targeted intersections (see narrative report) Number of seat belt and child seat violations written by the Department Number of media - public information events initiat d by the Department. 11 Final Narrative Report 600 -065-01 SAFETY OGC - 07101 Project Title: Palm Beach Gardens Aggressive Driving Project Project Number: Implementing Agency: City of Palm Beach Gardens Police Department Project Director: Lt. Rick Facchine The following is a chronological narrative history of the above listed project in accordance with Part V.• Acceptance and Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 12 - - 500 -065-01 SAFETY Part V: Acceptance And Agreement occ -07/01 Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in, reimbursement of costs. 1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31, and October 31 if there was subgrant activity during the quarter prior to the deadline. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant period due to late award of the subgrant. Requests for reimbursement may be returned to the subgrantee or implementing agency unpaid if the required reports are past due. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non - federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations; OMB Circular A -102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Government; and /or OMB Circular A -122, Cost Principles for Non - Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(b), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 13 500 -065-01 SAFETY OGC - 07/01 5.. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with regulations applicable to the implementing agency and the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out -of -state or out -of- grant - specified work area shall require written approval of the State Safety Office prior to the commencement of actual travel. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. For example: (a) Changes in project activities, objectives, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace (Grants), the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(8) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, may extend the implementation date of the project past the 60 -day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity,.fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. 14 500 -065 -01 SAFETY OGC - 07/01 (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department may impose such sanctions, as the Department deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA), and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A -133, as revised, monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and other procedures. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the subgrantee or its implementing agency is appropriate, they agree to comply with any additional instruction provided by the Department. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 14. Audit. This part is applicable if the subgrantee is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 15 500 -065 -01 SAFETY OGC - 07/01 If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A -133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportation 605 Suwannee Street, MS -17 Tallahassee, FL 32399 -0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Department or its designee access to such records upon request. The subgrantee shall ensure that audit working papers are made available to the Department or its designee upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500 - 065 -04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs should be made after.every two pay periods. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non - Expendable Property Accountability Record (FDOT Form No. 500 - 065 -09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner may result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not received within 30 days of the end of the subgrant period. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A -110. 16 500 -065-01 SAFETY OGC - 07/01 In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect,, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A -110. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Govemor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399 -0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State. of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and /or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions. and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60., 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. 17 500 -065 -01 SAFETY OGC - 07/01 The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR, Part 26. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. The subgrantee's DBE program, as required by 49 CFR, Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT- assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 18 500 -065 -01 SAFETY OGC - 07/01 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the'subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. The State Safety Office, on behalf of the USDOT, may repossess any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department may find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing_ fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be attached to the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds. 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. This requirement applies to all law enforcement agencies, regardless of the program area for which they are being funded. 19 500 -065 -01 SAFETY OGC - 07/01 39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger Safety Technician within 90 days of the effective date of the subgrant. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. 20 PROJECT NUMBER: 500-065 -01 SAFETY OGC - 07/01 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For DOT.Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Date: Attest: FEDERAL FUNDS ALLOCATED Reviewed for the Department of Transportation: By: Attorney - DOT Date: SUBGRANTEE City of Palm Beach Gardens Name of Applicant Agency Typed By: Sgnature of ytl prized Representative Ronald Ferris Authorized Representative's Name Typed Title: City Manager Date: '4 Te,,,, &--e- a%. xeo Attest: 00A'MO-09-a Signatu®of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY By: , Signature of A istrator James O. FitzGerald Administrator's Name Typed Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 21 J i FROM FRX N0. Sep. 29 2000 03 :25PM P6 DISCIPLINARY ACTION SCHEDULE: CLASS-1 CLASS -II CLASS,iIT 1 - - - NEGLIGENCE N EGLIGENCE NEGLIGENCE -- —_- - — - - _ FIRST ACCIDENT Written Warning I - 3 Days Suspension 3 - 5 Days Suspensior. SECOND Written Warning or 3- 5 Days Suspension 5 - Days. Suspension_ ACCIDENT I -3 Days Suspension or Dismissal "THIRD & SUBSEQUENT ACCIDENTS The penalty for a third accident shalt in no . instance be less than the minimum penalty for a Second Accident of the same degree of fault. I - DAY SUSPENSION 8 -hods of regular pay. —_ HEADSETS PROHIBITED WHILE WORKING: The use of entertainment radio and tape and CD player headsets by employees during work is probibited. RULES AND REGULATIONS FOR USE OF CITY VEHICLES AND /OR EQWWNT, AND USE OF PERSONAL VEHICLES FOR CITY DUSII-IESS: 1. All drivers of City vehicles, and those using their personal vehicles for City business, shall comply with all applicable local, state and federal laws a weU as the City's Drugfree Workplace Policy, I. E., (A) turn signals shall be utilized by all drivers at all times in ample time to warn on- coming or following vehicles of their intent. (B) Posted speed limits shall be adhered to. (C) Consumption of alcoholic beverages or controlled substances prior to the operation of a City' vehicle or equipment is prohibited. 2. A valid Commercial Driver's License (CDL) of the class necessary for the particular type of vehicle driven, and necessary insurance for personal car use, shall be in the possession of the operator at all times. Vehicle registration and insurance card shall be kept in the vehicle at all times and shall be presented to a City official upon request. 3. No City vehicle shall be left unattended with the ignition key left in the ignition. (Exception: Emergency Vehicles with equipment in use for emergency situations when ignition is necessary for the operation and when secured in the Public Works compound.) 4. All City vehicles shall be locked When not in use except when secured in the Public Works compound. A City vehicle is considered unattended and not in use when the operator leaves the vehicle. S. Each day, before use of a City vehicle, the employee shall inspect the vehicle for damage, inoperable tights, loose hardware, under inflated dres, or any other condition which might render the vehicle unsafe to operate. Drivers shall ensure that operable vehicle parts are clean and operational at all times. Any deficiency encountered will be reported to a supervisor, on the Fire, 9 rinferj24op 311 M n FAX N0. : Sep. 29 2000 03:26PM P7 FROM Police or General form (sec attached form). Any condition which the employee deems to be unsafe shall be reported to a supervisor and shalt be documented, 6. Personal use of City vehicles is strictly prohibited except for employees assigned take -home vehicles which are subject to the take -home policy. 7. Safety belts shall be worn at-all times by all drivers and passengers(also see 911). 8. Tailgates of vehicles 'shall be closed and. locked when vehicles are in motion. If a vehicle`s fzutction requires that the tailgate remain open, red flags or appropriate markers will be attached. 9. When working on any right -of -way area, brightly colored safety vest or other appropriate safety equipment shall be worn. 10. Backing of vehicles without a clear view of the area in back of the vehicle shall be done only with the assistance of an outside spotter or guide. If the drivtr is alone, helshe will exit the vehicle and inspect the area behind before backing. 11, No passengers are permitted to ride in the bed of pickup trucks or utility vehicles. No more than three persons shall ride in the froat seat of any vehicle and aU riders shall utilize a seat belt. 12. Suspension or loss of driving privileges shall result in full -time employee drivers being temporarily reclassified until such time as their driving privileges are reinstated. (A temporary restricted permit will be considered by the City.) The City must be notified of any such loss of driving privileges within one (1) business day of such occurrence. The City reserves the right to review Department of Motor'Vehlcle Records at least semi - annually on all employees. F40ure of an employee to knowingly report a change in license status which affects jab tasks shall result itt disciplinary action. 13. Riding on running boards of trucks or other vehicles is prohibited. 14. During periods of little visibility or anytime windshield wipers are in use, vehicle headlights shall be turned on. 15. Trailers shall be stened securely to hitches, safety pins in pintail locks must be used, and safety fa chains shall be crossed under the hitches, 16. All items transported in a truck or trailer shall be secured, DI risefatyl=P 311 1-91 FPM FAX NO. : Sep. 29 2680 03:24PM P2 CITY OF PALM BEACH GARDENS POLICE DEPARTMENT POUC and 'rocedure subject USE OF SEAT BELTS (OCCUPANT Da" ltvmbcr SAFETY RESTRAINING DEVICES) 7 -22 -94 4.2.I,6 sNcw ORevised t7Resciads Ro- evalu4on 03 Mo. 06- Mo. 8112 Mb ^zcmd1i;RdQa standards Authorized by: • ges X1,3.4 ctaefofPolice James O. Fitz d of 1 - -... - .v - -- -,., TN7%'-N1T! To mquire the use of seat belts (occupant safety restraining devices) in department vehicle AS.GT[_VM TO: Chief of Police MIT -Y: The use of scat belts can have a significant effect in reducing the number of deaths and the severity of injuries resulting from traMc accidents, and, assist officers in maintaining proper control of their vehicles during pursuit or emergency high -speed situations. However, is should be recognized that there may be -circumstances in which use of seat belts and/or restraining devices may hamper efficient conduct of law enforcement functions. If such cireumstanees occur, supervisors will be authorized to grant exceptions to this policy. CFAT RRY TC TLRF Aivb 11V_9V ?N.STRTT TTV= 1. Seat belts and/or shoulder harnesses (occupant safety restraint devices), except where specifically exempted, shall be used by all department personnel while operating or as a•passenger in all city owned vehicles. 2. ' Department personnel should advise citizens who are passengers in department owned vehicle U= seat belt (occupant safety restraint devices) usage, by them, is mandatory. 1pRnr-PnTTRFS_F't1R SFA'r RFT_T TTQVI 1. Subjects who are in custody will be secured with a seat belt when transported in an agency vehicle. 2. There may be oxrncions when. the use of seat belts would have an adrerse effect on particular functions. On those eons, good Judgement had common sense may provide an exception to Ibis procedure when efficiency or emergency outweighs the safety benefit. 3. Where circurnstanem dictate, first line supervisors =&Or 00mmaridin9 efficOrs may allow exceptions to the wearing of seat belts, depending upon each individual situation. 4. No person Shall operate a department vehicle in which any belt in the float seat is inoperable, unless a replacement vehicle is unavail.%hle. Ind" as! Seat felts Occupant Safety Restraints FRX N0. : Sep. 29 2000 03:24PM P3 ;,FROM : UL TY or PALM BEACH GARDENS POLICE DEPARTMENT Policy and Procedure Subject Effective Dec ' Numbtr ' TRAFFIC OPERATIONS FUNC• ON -, 6 -17 -94 4.23 OKew e%,6#d OResti�id; i�O�CY ;1aat10R O] Mo. 06.610. a12 M(J. Accreditation Standards Authorized by: r 40 gas Chiaf of.Policc James Q. FitzG d . I of 3 61.1.13, 61.3.1 - TNTFNT! To establish the function and responsibilities of the traffic section/unit, AS .9TG -W..T) TO- Commander (Sergeant) of Traffic Operations POT-MY, This department hereby establishes a traffic operations function to conduct data collection and analysis, initiate enforcement measures regarding safe traffic flow, and selective enforcement techniques. The traffic function provides for safety programs and deployment of personnel for traffic related calls for service and the investigation/analysis of traffic accidents. TitAMC ADMMYSTRATTON Arm VrrNVTTAM-tARAYrNrn AY-rMr)1grM• 1. The Traffic (Sergeant) Commander shall be charged with the direct responsibility of all traffic enforcement operations. 2. The primary purpose of Traffic Operations shall be to provide specialized traffic related services, support the patrol units, investigate accidents, and enforce traffic laws and regulations, to include selective enforcement measures.. TRA,mr opRRA►TTONV, FCi[r MONS- 1. It is the function of the Traffic Section, with such aid 2s may be rendered by other members of the police department, to enforce the street traffic regWations of this city and all of the state vehicle laws applicable to street traffic in this city. This section also makes arrests of traffic violators, investigates accidents, provides assistance; to other officer's in the city, and carries out those duties specifically Imposed upon the Traffic Operations Section. 2. The Traffic Section shall maintain order on streets and highways within existing regulations for public safety; reduce losses due to accidents, gather facts about accident occurrence for a basis of accident prevention and service to involved citizens who need objective, impartial evidence for civil settlements of accident losses. 3. The Traffic Section will assist accident victims by rendering first-aid when needed and requested transportation of injured persons, and protection of property and vehicles - 4. This Section will also assist in assuring the best possible movement of vehicles and pedestrians consistent with safety and obtain compliance of motorists and pedestrians to traffic laws and ordinances. S. 'Through data analysis the Traffic Section will assist the Operadons Sections by providing information useful in their accident pi wention work and traffic movement and vehicle parking. The traffic unit will attempt to locate problem areas and propose corrective actions that will help to achieve a safer and more efficient motor vehicle and pedestrian travel and vehicle parldrig. 6. 'ilie Traffic Unit wlll deter mille and identify those intersecpons within the City where there is a high incidence of auto crashes and subsequently utilize appropriate enforcement techniques and activities in the attempt to cause a reduction in the number of auto crashes. 7. 'lire Traffic Section will plan for traffic routing and direction, removal of vehicles and other traffic b- - -ds,' crowd control and emergency vehicle access during emergencies or catastrophes. i�, FROM : FRX NO. : Sep. 29 2000 03 :25PM P4 Traffic Operations Function bate: 6 -17 -94 Page 2 - 4.2.3 8. The Traffic Section will give information and assistance to motorists and pedestrians and be responsible for other assignments as may be deemed necessary by the department. 9. Other functions of the Traffic Section shall include. but not limited to: A. Technical accident investigation, to include investigation of all fatal and serious personal injury accidents, accidents involving department vehicles, hit- and -run accidents, and accidents, investigation follow -up and reconstruction; B. Traffic control; C. Analysis of accident reports and records; D. Development and coordinanon of selective enforcement programs, to include specialized D.U.Z. and speed enforcement efforts; E. Operation of speed measuring devices, if appropriate (radar, etc.); F. Operation of pre -test and evidential chemical breath test equipment; G. Specialized traffic congestion and parting control during peak traffic hours; H. Coordinating the function of the School Crossing Guards; L Liaison with local traffic groups and public organizations. mOVTST IMq FOR TRAFF'it, OFF+'tMRS- 1. The assigned authority will be responsible for the completion of necessary monthly, quarterly, semi- annual and yearly traffic reports, which may include special event reports or activities. 2. The assigned authority shall be charged with the administrative and supervisory functions of the Traffic Sectiori and any or all routine inspcotionslaudits conducted of his/her section. 3. Administration provisions shall include: A. Composition and implementation of Traffic budget. B. Implementation and close monitoring of any federal or state traffic safety grants if applicable. C. Responding to citizen's concerns regarding traffic problems and/or traffic unit members. V. Compiling and interpmdng Traffic statistics, which play include monthly, quarterly, semi - annual �. and yearly reports. E. Maintaining a close liaison with the County Traffic Engineers offic &, the media, and traffic safety organizations. F. Those assignments which may be determined by departmental needs and evaluations. 4. The Traffic (the assigned authority) Supervisor responsibilities include: A. The supervision of assigned traffic officers. B. Preparing annual performance evaluations and counseling officer(s). C. Preparing Traffic schedule. Schedule(s) maybe based on times and days that accidents most frequently occur, D. Scheduling Traffic officers for public appearances relating to traffic safety. E. Scheduling of training for personnel. F. Scheduling /assigning officers to dignitary or funeral details. G. Evaluation of and checking for accuracy and completeness of accident reports submitted by Traffic Section officers. H. Purchasing equipment and uniforms as specified in Traffic budget. 1. Investigation of citizens complaints of traffic officer behavior. J. Review DUI arrest packets. PUAVVRMNS VC) P,_ OFFTCF:RS- I. The Traffic Section provides a support force for crowd and traffic control activities, i.e. parades, demonstrations, conventions, events at city parks and other facilities, while maintaining au orderly flaw of traffic and pedestrian movement in the city in an attempt to minimize inconvenience to the public and maintain an acceptable level of public Safety. 2. Police officers assigned to the Ttaf ac Section shall have the primary duties of traffic law anforoomcnt and accident invcztigation. These mVonsibilides shall include: A. Accident Investigation. r FROM FRX N0. Sep. 29 2000 03:25PM P5 Tfic Qperations Function $. Traffic Law Enforcement. Date; 6 -17 -94 Page 3 - 4.2_ C. Selective aforcement. D. Traffic Control. E• Pariang Enforcement (other than meter ), . uniformed personnel. including police aides, in Parking will be conducted by at- areas as follows: I. Handicapped Parking. 2. Fire lanes. 3. Tow away zones. 4. No parking zones. S. Restricted parlang zones. 6. Restricted sign parking. F. Radar Enforcement. G. Iizt and Runt Investigation. H. Assist patrol officers when requested. L Other duties as assigned by the Division Commander, assigned authority or the Chief of Police. Index as: Traffic Operations CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 4, 2001 Date Prepared: September 20, 2001 Subject/Agenda Item: Petition PUD -00 -10 - Electrical Substation on PGA Boulevard Second reading and adoption of Ordinance 35, 2001: The Florida Power and Light Company is requesting to rezone 9.32 acres of land from Planned Development Area (PDA) to Conservation (CONS) with a Planned Unit Development (PUD) overlay district, and to approve a master plan, for an electrical substation. The site is on the north side of PGA Boulevard, between the C -18 Canal and the Mirasol planned development. Recommendation /Motion: Staff recommends approval of Ordinance 35, 2001, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorne Planning Division [ ] Approved Finance $ N/A [ ] Approved w/ conditions Other Current FY cl, �,4 — O l • [ ]Denied Advertised: Funding Source: [ ] Continued to: Date: 9 -24 -01 [ ] Operating Attachments: [ ]Other 1. Ordinance 35, 2001 Paper: Palm Beach Post [ ] Not Required 2. Master Site plan 3. Landscape Plan 4. Staff Comments 5. Applicant's Justifications 6. Location Maps 7. Applicant Response to DRC Comments 8. Tables 1 & 2 Growth Mgt. Director Affecte ies [ X ] Notified Budget Acct. #: [ ] None A ov by: M na [ ] Not required 1 BACKGROUND: The applicant is requesting a PUD approval for a minor electrical substation on 9.32 acres of land along PGA Blvd. within the PGA Blvd. overlay zoning district. This overlay district permits "community serving public facilities" in the PGA Blvd. corridor. On June 12, 2001, the Planning and Zoning Commission, sitting as the Local Planning Agency (LPA), recommended approval of a waiver requested by the applicant from the minimum size threshold required by Policy 1.1.5.1(a)2 of the Future Land Use Element. The vote was 7 -0. The policy requires any parcel located west of the Urban Growth Boundary to be developed as a planned development with a minimum size of 250 acres. Only parcels that existed prior to February 1998, with sizes less than 250 acres, are entitled to a waiver from this requirement, if granted by the City Council following a recommendation from the LPA. On June 21, 2001, the City Council approved the requested waiver. This action allowed the PUD petition to move forward in the review process. The applicant has provided the attached justification and support documents to demonstrate a need for the proposed minor electrical substation. LAND USE AND ZONING: The future land -use designation of the subject site, as reflected on the City's Future Land Use Map, is Conservation (CONS), which allows low- impact type of developments. The current zoning classification of the site is Planned Development Area (PDA). The applicant is proposing a rezoning from PDA to Conservation (CONS) with a Planned Unit Development (PUD) overlay zoning district. The PGA Blvd. overlay district requires that all properties within the overlay be developed as PUDs or PCDs. Please see Table 1 for additional land -use and zoning information and Table 2 for consistency of the proposed development with the City's land development regulations. PROJECT DETAILS: Building Site The project consists of approximately nine acres of land located immediately west and adjacent to the Mirasol planned development. The applicant is proposing to construct a six - foot -high, vinyl- covered, chain -link fence with a gate around the relay vault and with three dry detention areas on site. A small maintenance building, with 540.4 square feet of floor area, is also proposed. The substation will be unmanned. Workers will access the site in times of emergency only, according to the applicant. The site will be screened from PGA Blvd. and from adjacent developments by existing and proposed landscaping. Power will be transmitted through underground lines, as required by the PGA Blvd. overlay zoning district. 2 Site Access and Circulation The proposed sub - station will have one access point along PGA Blvd. This access point will be a shared driveway with the abutting boat ramp located along the adjacent C -18 Canal. Phasing Development of this parcel will be in a single phase. Architectural style There will only be one accessory building on site that will house a restroom and the relay vault. The accessory building will have a flat roof. Lightinq Only a security light on the building is being proposed. Landscaping The Code requires 15,956 points for landscaping. The applicant has provided 15,973. The applicant has also complied with the requirements of the Parkway Overlay District, except with the depth of the buffer. A waiver has been requested to allow a reduction in the parkway buffer. The City Code allows averaging the depth of the buffer along the width of a parcel so that the average number is not less than the minimum required. The request and justification of the waiver are attached. Parking The Code does not require the provision of parking for minor utility facilities and the applicant has proposed none. The proposed facility will be unmanned. Signage No signage is proposed for the facility. Drainage The City Engineer has not objected to the submitted conceptual drainage plan. Waivers The applicant is requesting two waivers from the City's land development regulations. These waivers are described in Table 3 below. Traffic This petition has received traffic concurrency. The proposed facility is not expected to generate more than an average of 10 trips per day. 3 Table 3: Requested Waivers Code Section Required Provided Waiver Staff Recommendation Section 106 — Parkway Overlay 240 -foot buffer 120 and 120 -foot Approval District 300 -foot buffer (through averaging) Section 78 — Conservation Zoning 20 -acre site area 9 acres 11 acres Approval District Regulations (Minimum) COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE: Planning and Zoning Division The applicant has satisfied most of the issues and concerns raised by the Planning and Zoning staff (comments attached). Police Department The Police Department had several conditions for the proposed project. These conditions are listed in an inter -office memorandum from Lieutenant Jay Spencer (attached). The applicant has satisfied most of the concerns raised by the Police Department. A condition regarding lighting has been included in the proposed ordinance approving the master plan for this development. City Engineering The City consulting engineer has raised minor issues relative to the site plan, and the applicant has adequately addressed most of them (attached). COMMENTS FROM THE PUBLIC: The Marlwood Homeowners Association, Inc., of PGA National, has objected to the proposed electrical substation on grounds that it would pose potential health hazards and negatively affect their property values (attached). IOW_lM III,[r7_\` IN ICY9191 ky, I IT, 1 &11:11 IQ k" I ` 197-A M i;A The Planning and Zoning Commission conducted a public hearing regarding this petition on July 24, 2001, and voted 7 -0 to recommend approval of the petition and the requested waivers, subject to the conditions of approval listed below. There were no public comments for or against this petition at the public hearing. CONDITIONS OF APPROVAL: 1. Prior to construction plan approval, the petitioner shall demonstrate that all building 4 structures on site shall be pre -wired for alarm system (Building Division and Police Department). 2. The petitioner shall install and maintain all landscape and hardscape areas within the Parkway easement buffer (City Forester). 3. Prior to commencement of construction activities on site, the petitioner shall remove all exotic vegetation and restore those areas with native vegetation, including the area north of the C -18 canal (City Forester). 4. Prior to issuance of the first building permit, the petitioner shall add a note to the construction plans specifying the stop bar shall be constructed utilizing Thermoplastic material (City Engineer). 5. Prior to issuance of the first building permit, the petitioner shall add a detail to the construction plans detailing the overall width, striping, and signage for the pedestrian crosswalk, for review and approval by the City Engineer (City Engineer). 6. Prior to construction plan approval, the petitioner shall eliminate the conflict between the drainage pipe and the landscape berm east of the proposed roadway. The landscape and the conceptual plans shall be revised accordingly (City Engineer). 7. Prior to construction plan approval, the petitioner shall eliminate the conflict between the Palm Beach County Access and Management Easement and the landscape berm shown on the site and landscape plans. Both plans shall be revised accordingly (City Engineer). 8. The elevation of the building pad shall be no higher than the required elevation for a 100 -year, 3 -day storm, as imposed by reviewing agencies (Planning and Zoning Commission). WAIVERS: The Planning and Zoning Commission also recommended approval of the following waivers: 1. A waiver from Section 106, Parkway Overlay District, to allow for a reduction of the parkway buffer. The minimum required buffer is 240 feet. The applicant proposes a buffer between 120 to 300 feet. The requested waiver is for 120 feet. 2. A waiver from Section 78, Civic and Institutional Zoning District Regulations, to allow for a reduction in the minimum size threshold of 20 acres. The applicant proposes a site size of nine acres. The waiver is requested for 11 acres. 5 CITY COUNCIL FIRST READING: The City Council passed the attached Ordinance 35, 2001, on First Reading at its meeting on September 13, 2001. A question regarding security lighting was raised at the meeting. This issue has been addressed in a new condition listed below. SUBSEQUENT ACTION: Subsequent to the City Council meeting on September 13, 2001, the petitioner has agreed to a new condition of approval to dedicate the western 1.2 acres (approximate) of the site to the City for a public park. This area currently includes an existing public boat ramp and an unimproved public parking area which provide public access to the abutting C -18 canal. The applicant is also proposing to dedicate the northern 1.5 acres (approximate) to Palm Beach County as a natural area. The following new condition #9 has been added to the proposed ordinance to reflect these actions: New Condition #9. "Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, the petitioner shall dedicate land, reflected in Exhibit B attached, to the City of Palm Beach Gardens for use as a Public Park. The subject site shall be cleared of all exotic vegetation and the PGA Boulevard Parkway landscaping shall be installed and maintained by the petitioner, prior to the issuance of the first ,Certificate of Occupancy or Certificate of Completion by the City. The petitioner shall construct a common access drive from PGA Boulevard, as depicted on the approved site plan, and shall retain an access easement across this access drive to provide legal access to the petitioner's property. Assuming a 50 percent impervious to 50 percent pervious mix, the petitioner shall accept drainage from the dedicated park parcel." Based on the petitioner's negotiations with the Palm Beach County Department of Environmental Resources Management, condition #3 has been revised as follows: Revised Condition #3. "Prior to commencement of construction activities on site, the petitioner shall remove all exotic vegetation on the property retained by the petitioner and the City of Palm Beach Gardens and restore those areas with. native vegetation. The 100 -foot canal easement traversing the property and the area to its north, as reflected on Exhibit B, shall be dedicated to Palm Beach County for open space and drainage purposes and an easement for access shall be granted to Palm Beach County along the property's western boundary as reflected on Exhibit B, at such time as the County releases its access easement." A new condition #10 has been added, as follows, by the Police Department to address the lighting issue raised at the City Council meeting on September 13th: 6 New Condition #1 "Prior to construction plan approval, the City shall approve a lighting plan depicting the security lighting for the project and compliance with the following: a. Lighting locations shall not conflict with landscaping (to include long -term tree canopy growth). b. Sodium vapor lighting should be used. C. Building lighting (non - glare) shall be around perimeter of all sides." STAFF RECOMMENDATION: Staff recommends approval of the PUD rezoning petition, with the above conditions of approval, and approval of the two requested waivers. g: sc /txt/P U D0010cc0801 7 September 4, 2001 Revised September 21, 2001 ORDINANCE 35, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING 9.32 ACRES OF LAND ON THE NORTH SIDE OF PGA BOULEVARD, IMMEDIATELY EAST OF THE C -18 CANAL, AS DESCRIBED HEREIN; AMENDING THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP; APPROVING A MASTER PLAN FOR THE FPL RYDER SUBSTATION; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 21, 2001, the City Council, following a recommendation from the Local Planning Agency, granted a waiver from Policy 1.1.5.1(c)2 of the City's Future Land Use Element to allow the minimum parcel size of the subject parcel to be less than 250 acres, not withstanding that the subject property is west of the City's urban growth boundary; and WHEREAS, the City of Palm Beach Gardens received Petition PUD -00 -10 from the Florida Power and Light Company requesting to rezone approximately nine acres of land on the north side of PGA Boulevard, between the C -18 canal and the Mirasol PCD, as more particularly described in Exhibit "A" attached hereto, from Planned Development Area (PDA) to Conservation (CONS) and Planned Unit Development (PUD) overlay zoning district; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed rezoning is consistent with the City's Comprehensive Plan, which designates the subject property as Conservation; and WHEREAS, the Growth Management Department has recommended approval of this application; and WHEREAS, the Planning and Zoning Commission has recommended approval of this application at its meeting on July 24, 2001. NOW, THEREFORE, BE IT ORDAINED 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 approves the rezoning of a parcel of land described in Exhibit "A," which is attached hereto and made a part hereof, from Planned Development Area (PDA) to Conservation (CONS) Ordinance 35, 2001 September 4, 2001 Revised September 21, 2001 and Planned Unit Development (PUD) and the corresponding master development plan known as the FPL Ryder Substation, as described below. Section 2. Said PUD master plan is approved subject to the following conditions, which are the obligation of the petitioner and its successors and /or assigns: 1. Prior to construction plan approval, the petitioner shall demonstrate that all building structures on site shall be pre -wired for alarm system. (Building Division and Police Department) 2. The petitioner shall install and maintain all landscape and hardscape areas within the Parkway easement buffer. (City Forester) 3. Prior to commencement of construction activities on site, the petitioner shall remove all exotic vegetation on the property retained by the petitioner and the City of Palm Beach Gardens and restore those areas with native vegetation. The 100 -foot canal easement traversing the property and the area to its north, as reflected on Exhibit B, shall be dedicated to Palm Beach County for open space and drainage purposes and an easement shall be granted to Palm Beach County along the property's western boundary as reflected on Exhibit B, at such time as the County releases its access easement. (Planning and Zoning Division) 4. Prior to issuance of the first building permit, the petitioner shall add a note to the construction plans specifying the stop bar shall be constructed utilizing Thermoplastic material. (City Engineer) 5. Prior to issuance of the first building permit, the petitioner shall add a detail to the construction plans detailing the overall width, striping, and signage for the pedestrian crosswalk, for review and approval by the City Engineer. (City Engineer) 6. Prior to construction plan approval, the petitioner shall eliminate the conflict between the drainage pipe and the landscape berm east of the proposed roadway. The landscape and the conceptual plans shall be revised accordingly. (City Engineer) 7. Prior to construction plan approval, the petitioner shall eliminate the conflict between the Palm Beach County Access and Management Easement and the landscape berm shown on the site and landscape plans. Both plans shall be revised accordingly. (City Engineer) 8. The elevation of the building pad shall be no higher than the required elevation for a 100 -year, three -day storm, as imposed by reviewing agencies. (Planning and Zoning Commission) Ordinance 35, 2001 2 September 4, 2001 Revised September 21, 2001 9. Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, the petitioner shall dedicate land, reflected in Exhibit B attached, to the City of Palm Beach Gardens for use as a Public Park. The subject site shall be cleared of all exotic vegetation and the PGA Boulevard Parkway landscaping shall be installed and maintained by the petitioner, prior to the issuance of the first Certificate of Occupancy or Certificate of Completion by the City. The petitioner shall construct a common access drive from PGA Boulevard as depicted on the approved site plan and shall retain an access easement across this access drive to provide legal access to the petitioner's property. Assuming a 50 percent impervious to 50 percent pervious mix, the petitioner shall accept drainage from the dedicated park parcel. (Planning and Zoning Division) 10. Prior to construction plan approval, the City shall approve a lighting plan depicting the security lighting for the project and compliance with the following: a. Lighting locations shall not conflict with landscaping (to include long -term tree canopy growth). b. Sodium vapor lighting should be used. c. Building lighting (non - glare) shall be around perimeter of all sides. (Police Department) Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1. A waiver from Section 106, Parkway Overlay District, to allow for a reduction of the parkway buffer. The minimum required buffer is 240 feet. The applicant proposes a buffer between 120 to 300 feet. The requested waiver is for 120 feet. 2. A waiver from Section 78, Civic and Institutional Zoning District Regulations, to allow for a reduction in the minimum size threshold of 20 acres. The applicant proposes a site size of nine acres. The waiver is requested for 11 acres. Section 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file in the City's Growth Management Department, as may be amended by the above conditions of approval: 1. Master Site Plan, entitled Ryder Substation, prepared by Urban Design Studio, dated 8- 01 -01, one sheet. 2. Site Plan /Conceptual Drainage Plan, entitled Ryder Substation, prepared by Urban Design Studio, dated 8- 01 -01, one sheet. 3. Landscape plan, entitled Ryder Substation, prepared by Urban Design Studio, dated 8- 01 -01, one sheet. 4. Plant List and Details, entitled Ryder Substation, prepared Urban Design Studio, Ordinance 35, 2001 3 September 4, 2001 Revised September 21, 2001 dated 08- 01 -01, one sheet. 5. FPL Ryder Substation Conceptual Elevation, dated 4- 30 -01, one sheet. Section 5. The Growth Management Director is hereby directed to amend the Official Zoning Map of the City of Palm Beach Gardens, Florida, to reflect this rezoning. Section 6. All Ordinances or parts of Ordinances in conflict herewith 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 the court to be unconstitutional, inoperative or void, such holding shall not effect the remainder of this ordinance. Section 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE 13T" DAY OF SEPTEMBER 2001. PLACED ON SECOND READING THIS THE DAY OF PASSED AND ADOPTED THIS THE DAY OF MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN ATTEST: IN CITY CLERK 2001. 2001. COUNCIL MEMBER DAVID CLARK COUNCIL MEMBER LAUREN FURTADO COUNCIL MEMBER CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY Ordinance 35, 2001 4 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO attachments g:sc /ord /ord352001 September 4, 2001 Revised September 21, 2001 AYE NAY ABSENT Ordinance 35, 2001 5 September 4, 2001 Revised September 21, 2001 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in Section 5, Township 42 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: The North 400.00 feet of the South 450.00 feet of said Section 5 lying Easterly of the East right -of -way line of the C -18 Canal, as described in Deed Book 1146, page 477, public records of Palm Beach County, Florida, and lying westerly of the following described line: Commencing at the Southeast corner of said Section 5, thence North 88 degrees, 39 feet, 23 inches West, along the South line of the Southeast quarter (1/4) of said Section 5, a distance of 487.66 feet, thence North 01 degrees, 20 feet, 37 inches East departing from said South line, a distance of 50.00 feet to the Point of Beginning; thence North 01 degrees, 30 feet, 59 inches East, a distance of 400.00 feet to the point of terminus of the herein described line. Ordinance 35, 2001 6 > 0 0 z 1+ '71 "M, 0 0-01 C n > C 1+ 0 In > ► '9 M U) CD � � ( ° .,�.:.:::. ' � .C1-r Al CD 0 CD Cn G) 0 CO) 0 CD '::t~ ' CD A." M.0 9 Ig MIM (M)M'311WW OC L 6 I Ile .0 " 1 2 CLV- F- 06 NO fl Ryder Substation ;�;!f Palm Beach Gardens, Florida [fill Exhibit n B" I f It fill I 26 25 30 I 29 1 I � eESS o I 3b 36 ! 37 rj 32 N y �i71U¢. R41 E' H R42 h \ V \ h 2 5 1 NORTH PALM BEACH . CONRVfUNITY AIRPORT . _ .. PGA--BLVD ,a„ —,�- „ 12 a 13 •'v 110 m. 14 ._....._.... 1a 1a 17 33 34 l3 a Ft I � % i2 Lfl 1 A/.BRASOL -_-! % I V 4 3 i RD UN3 ir•n' BLVD g ORAE- ApLNWIC DURNE�•'` WICK R� lF CIq .CANS MOEp L•D I / CT! CARLISLE CT C �yti xGPCE %TARN o C NflLAl10 1d O (F�A�IR —tS J• y f DN pR lay{ /Hi SU H OF I_J iEi \ RN�i te,�OL U ..T91nA(R, aka NORTHLAI(E lIA9 ,.... _. a.ta. =cr �' :1JD7R �p n r . sdi \ snn Da wG `Gib. ._. _. BLVD mi -. EAGNP101 ESTME MOHTEMInI Q !fG FO IJ - -�- — - - iE.44'LETGII ESTATE OLW 1 illOfITEREY PDINTE DR 3EAGLM>J ESTATE OR I JPINNaLtE COPE \�ry G ( ' —""37A 5 3TA CIR -04EN ap 3PYGU331YY zu 3 L HES i�y� Lj O6 9TN 13I F 1 `� c I N _ ,s !. ' ,� 20 E1 9 Py' .2 O ry23 87 LIlN Z g 24 LL's OSPREY �,i. \♦ l TRACES 1{ Z HE I ATE .31ry�, ,{fy�jWr'A$1 �4 aM�'S5 I £ I w J pU AOOW* f}il �4k�=19 ! F �lU / ,f'Y4YJb't }r��:��� lr'✓?"I AUG STA w ~ 1 G OJ�y ROD PLINK' �pn 1–� ST._ N I 'T _ w 4 a 1 \CS-r SAN01111L Y!� E ���� 2 � ® � $� WO O G IA PALM BEACH y 4 It J SE W PPL SUBSTATION PBG PALM BEACH GARDENS, FL -1� Scale: NTS City of P.B. Gardens UD S Job #: 00- 006.00 VA FEB �R8 H 001 Date: December 11, 2000 LOCATION MAP MANAGEMENT � DEPARTMENT ��� I jfi Ir F�. 150 I'M -z"'n'. FO 0 firo VN.- N7, 0 re N, 0 a All 0 I -•; . sib .... ........... 1 -•; .. .:—L. I ... . ... . BLVFD. A P: Ilk %Ll- N -% 6 '16 11r. 4L N9D Y%z' INS, Ir INNS 74 '17 ir CITE' OF PALM BEACH GARDENS DEVELOPMENT APPLICATI ®N Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 775 -8295 Fax (561) 775 -1014 Request ❑ Planned Community Development (PCD) ® Planned Unit Development (PUD) ❑ Amendment to PCD, PUD or Site Plan ❑ Conditional Use ❑ Amendment to the Comprehensive Plan ❑ Other (Explain) ❑ Annexation ❑ Rezoning ❑ Site Plan Review ❑ Concurrency Certificate ❑ Time Extension Project Name: FPL Ryder. Substation Date: 12/22/00 Site Information: o s"aQ i General Location: North of PGA Boulevard. approximately 2 miles west of Florida's Turnpike Address: See Above Township: 42S Section: 5 Range: 42E Acreage: 9.32 Current Zoning: PDA Requested Zoning: PUD (CONS) Current Comprehensive Plan Land Use Designation: CONS Existing Land Use: Vacant Requested Land Use: Minor Electric Substation Proposed Use(s) i.e. hotel, single family residence, etc.: FPL Substation Proposed Sq. Footage by Use: N/A Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): N/A - tition number: ees pplication $ _ no,ineerinp, FOR OFFICE USE ONLY Date Receipt Number: & Time 17ate Annliention C'.omnlete- 2 Received Owner: Palm Beach Acquisitions. LLC Applicant (if not Owner): Florida Power & Light Company Agent: URBAN DESIGN STUDIO Agent's Mailing Address: 2000 Palm Beach Lakes Blvd., West Palm Beach, FL 33409 Agent's Telephone Number: 561- 689 -0066 Fax Number: 561- 689 -0551 Architect: Engineer: Planner: URBAN DESIGN STUDIO Landscape Architect: URBAN DESIGN STUDIO Justification Explanation: Information concerning all requests (Attach additional sheets if needed) { Section 118 -50, Submission Requirements, City Code of Ordinances } 1. Explain the nature of the request: The applicant, Florida Power & Light, is requesting to develop an electrical substation on a 932 acres site on the north side of PGA Boulevard, approximately 2 miles west of Florida's Turnpike. The substation is needed in order to provide continuing service for approved development projects and future development within the City of Palm Beach Gardens. This substation unit will be totally screened by landscaping from the view of the PGA Boulevard right -of -way and from the adjacent Mirasol residential development. The site is advantageous because it is separated from existing and future residential homes and are adjacent to existing electrical transmission wires. This minor substation will be an unmanned facility. Workers will only access the site in times of emergency. In addition, the applicant has reserved the western portion of the site for a future boat ramp facility for the City of Palm Beach Gardens Parks J and Recreation department. 2. What will be the impact of the proposed change on the surrounding area? The subject substation unit will be totally screened by existing and proposed landscaping from the view of the PGA Boulevard ri ght -of -way and from the adjacent Mirasol residential development. The site is advantageous because it is separated from existing and future residential homes and are adjacent to existing electrical transmission wires. The substation will also provide for the continual electrical service to the existing and future neighborhoods within the City. The proposed substation will be a virtually invisible from adjacent properties while provided a positive service. Power will leave the subject substation through underground lines. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. See attached analysis 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 98 & Chapter 102, City Code)? As indicated in the attached Vegetative Assessment. the site contains large amounts of malalueca trees. All efforts will be made to preserve any native trees on the site. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 106, City Code)? The only buildings are the relay vault and a restroom, which are accessory structures to the proposed unmanned substation. The structures will not exceed $1 million in construction costs, and therefore, the Art in Public Places requirement does not apply. 4 Legal Description of the Subject Property (Attach additional sheets if needed) See attached deed for legal description., Location The subject property is located approximately 2 mile(s) west of the intersection of Florida's Turnpike and PGA Boulevard , on the ® north, ❑ east, ❑ south, ❑ west side of PGA Boulevard Property Control Number(s) of the subject parcel(s): PROJECT NARRATIVE FPL SUBSTATION PUD December 18, 2000 Request/Location The applicant, Florida Power & Light, is requesting to develop an electrical substation on a 9.32 acres site on the north side of PGA 1• Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Boulevard, approximately 2 miles west of Florida's Turnpike. The substation is needed in order to provide continuing service for approved development projects and future development within the City of Palm Beach Gardens. This substation unit will be totally screened by landscaping from the view of the PGA Boulevard right -of -way and from the adjacent Mirasol residential development. The site is advantageous because it is separated from existing and future residential homes and are adjacent to existing electrical transmission wires. This minor substation will be an unmanned facility. Workers will only access the site in times of equipment failure or emergencies. In addition, the applicant has reserved the western portion of the site for a future boat ramp facility for the City of Palm Beach Gardens Parks and Recreation department. The proposed minor substation will receive high voltage electricity from the adjacent high voltage power lines and "step down" the power for consumptive use by FPL customers within the general geographic area. Power will be distributed from the minor substation through underground lines. The minor substation is needed because existing substations in the area are reaching maximum capacity. This minor substation will provide additional capacity within the power grid and provide increased reliable service to homes and businesses within the general area. The site has a zoning designation of Planned Development Area (PDA) and a Future Land Use Plan designation of Conservation. To the north and west (across the C -18 canal) are vacant lands within the Loxahatchee Slough, which have a Conservation Future Land Use designation and a PDA zoning designation. To the south of the subject is the Conservation portion of the PGA National development, which has a zoning designation of PCD and a Conservation Future Land Use designation. To the east of the site is Mirasol golf course community, which has a Residential Low Future Land Use designation and a. PCD zoning designation. The subject site is adjacent to the preservation portion and golf maintenance facility within Mirasol. History There are no previous development approvals for this site. is request is being made concurrently with request to 61 it . �, ' Land Development to allow minor electrical sub at�ons wi#iin the: PGA Boulevard Corridor Overlay District. F4!92C- v 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 r. Compliance /Land Use The proposed unmanned minor substation is consistent with the existing Conservation future land use designation for the site. Phasing The development of this parcel will be in a single phase. Access The proposed facility will have one access point along PGA Boulevard. Existing Zoning and Land Use Designations & Site Analysis EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: PDA Conservation Proposed FPL Substation TO THE NORTH: PDA Conservation Loxahatchee Slough/Vacant Lands TO THE EAST: PCD Residential Low Preservation lands within the Mirasol golf course community TO THE SOUTH: PCD Conservation (Across PGA Boulevard ROW) Conservation Lands within the PGA National development TO THE WEST: D Conservation C -18 Canal and Vacant Lands - �� � � £t � bN •F C L b ✓ J �^�' � T � �" .4°O , A S'' � .,> K � � `s -4 � ; k � F� Axe' Ce.S x4 �� �����W���li ���� 3% T,v '> dam^ A •'' �� 3t 3V�" ;n�iygnY'�F �� A .a �C Ytrs. ��- f <.. h x je3 ...�� �zs �`x 1 A �E'�S� i�� � _ P� £:�','�� K ;�...� 1 ' �"iC•d' 3' F� £ 3 . '���" 34°� �, C.a �£�`�h �u.�� A,.F� � �' Y�Y�"�3��c�ks2 ��3`;ya'"v�"�' ,Ea'�rw`£ i'�.�,c ,� Y,- �'•��Rt�; Lq , Consistent Comparison = f?-rropucd' %` "` to CONS zoning district - Maximum Height Limit feet ri /a;' n/a Minimum Site Area 20 acre 9.32 acres no, waiver requested Minimum Lot Width 300 feet 941 feet yes Maximum Lot 1% < 1% yes Coverage h i . T.. �GLb�[.y Wi' f M Y>'Y8•F RF y 3' \ f Z.: raZ i xk 1 ,4 .. k � ! � ?l' %>i '. J3 lY .. ..,.. .,o- ,....; .�. e .. .. ... .. � ...:� hYn, ,z> ...^u, . , w c,. ,..:'; w ,. .e: ^r .. • ,.;. /�'�na ..! �f� � :;, ,^�.. n> nk..,..''� .`�Y?� 120' yes Front 100' Side Facing Street 15' n/a. n/a Side 50' 160' yes Rear 100' 115' yes 3Y•' �xi�I�srtg,� i1 3\`„C, �>� K fF •�; ,,.. <,:,,':: 5. 7' ads 3( 3,. 6.,x. � ,WY F Z> � a°sz'�^x`l£'§ �•X` rffF r,m; >sw„ x „. ..,,� ... ... > ^,.,. .. � .�.. «. .,Yr- F yes Number (required 0 0 b>> LDRs) S 7rtaatg �£ F W Y a r SAY F ✓ J tx Y k g", . xa. c • k, kt -s: kr xa 4 z , . ^x_ xa . >-x , .,s., ,.., ,„V4 . r,f yes, waiver requested to Buffers (Regd. By the 240' along PGA 313' along PGA Boulevard Code) Boulevard, 8' side and (through averaging), a allow for averaging rear buffers minimum of 50 'along side and rear buffers Points (Required by 15,956 15;973 yes LDR 's) Architectural Characteristics As a minor utility substation, the only structures on the site will be an accessory building to the substation which will include the relay vault containing a restroom for workers who will only visit the site on a sporadic basis. Waivers We are requesting the following waivers: Section 106 (f) Parkway Overlay District - Request to Allow for Averaging of Parkway buffer This is a request for a waiver from the Parkway Overlay District requirement for 240 -foot parkway easement to allow for averaging of the total parkway buffer to provide an average 313 - foot parkway buffer. Section 160 (f) requires a 240 foot parkway buffer along PGA Boulevard west of Florida's Turnpike. The. subject site, on which a Florida Power and Light a minor electrical substation is proposed; is only 400 feet deep. The proposed minor substation is proposed to be located 120 feet from PGA Boulevard right -of -way. The remaining portions of the site will be heavily landscaped or left in its current state. The minor substation will be completely shielded from the PGA Boulevard right -of -way. Section 78. Civic and Institutional Zoning District Regulations - Request to Waiver the 20 accrie minimum site area This is a request for a waiver from the minimum site area requirement of 20 acres for sites with a Conservation zoning designation. The subject site has a total area of 9.32 acres. The Code's minimum site area requirement corresponds with the overall density allowed within the CONS district of one dwelling unit per 20 acres. The proposed minor electrical substation will be a smaller impact than the density allowed by code. It should be noted that the minor substation will be completely screened from public view by landscaping. FPL RYDER SUBSTATION PROJECT INFORMATION y 14 �G. ptiQ T\ V Vs Current Situation: The FPL long range plan for Palm Beach Gardens indicates a need for a new distribution substation to be located in the area west of the Florida Turnpike along PGA Boulevard. This area is currently being served by long feeder lines from four existing remote substations. These stations are approaching their capacity limits. It is projected that by the summer of 2003, these stations will no longer be able to support the load in this area. A new source of electrical capacity is needed. This new facility, called Ryder Substation, will supply the needs of this local service area, as well as provide relief to the existing remote stations. Substation Site Evaluation Process: When FPL distribution planning studies identify a capacity shortfall area, analysis of alternative solutions is performed. The first option considered is expansions at existing substations. This approach is valid until the facilities are stressed beyond their capacities and are unable to serve both the shortfall area and their own service areas. At this point, a new substation is needed in the load area. The criteria for selecting a site for a substation are: located as near the load center as possible, sufficient size and configuration to allow room for setbacks, landscape buffers and water management designs, proximity to existing transmission lines and distribution grid, good vehicular access, minimal environmental impacts, and a willing seller. The proposed Ryder site meets all these criteria, as well as being the only available property in the load area. The addition of a new substation at this location will provide a source of power for this area and also allow the remote stations to reconfigure service to their own local areas to reduce their overload conditions. Load Growth: The Ryder service area has experienced an average annual load growth rate of approximately 10% since 1997 and is projected to increase at an annual rate of over 20% for the next several years. See below: Year 1997 1998 1999 2000 2001 2002 2003 2004 2005 Load (MW) 7.8 8.4 10.1 10.0 11.0 13.6 17.2 20.4 23.8 % Growth 7.6 20.2 -0.1 10.0 23.6 26.5 18.6 16.7 The rate of load growth in this area is very high compared to the FPL system average of about 2 -3 %. There are two factors that contribute to load growth. First, electrical demands increase due to new development. The service area of Ryder Substation and the service areas of the other remote stations are experiencing growth driven by new developments. Second, electrical demands are affected by increases in existing customer consumption rates. The typical FPL customer uses slightly more electricity each year and, when multiplied by thousands of customers, can account for a significant load component. In fact, individual customer usage rates can actually distort overall growth rate figures during mild summers when demand is exceptionally low (year 2000). Ryder Service Area: The attached map indicates the individual service areas of substations in Palm Beach Gardens both before and after the construction of Ryder Substation. Note that the new substation provides service to the area west of the Florida Turnpike and north and south of PGA Blvd. South of PGA, the new substation will ultimately serve over 5600 customers (meters) in the PGA National development. The map also illustrates how the remote substations service area boundaries adjust with the addition of Ryder, thus reducing their overloaded condition and enabling them to provide for the growth demands in their own local areas. ,. , ,o,. �.. „ 02/12/2001 16:45 PAX -- -� PBG PLAN &ZONE kh 005 Seacoast Utility Authority o �2 Palm Beach Garftrw, 33410-9602 0.9602 EXECU rIVE OFFICE February 12, 2001 VIA FAX 775 -1014 Mr. Talal Benothman Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Tray1 Palm Beach Gardens, FL 33410 RE: �RyderSubstation , Dear . eno - Tnan: We offer the following comments on your transmittal dated February 9, 2001 concerning the referenced project. 1. The applicant needs to submit an elevation of the "build out" equipment to be placed at the site including offsite poles, guys and conduits associated with the proposed substation. 2. We are unable to comment on the proposed landscape plans until detailed water and sewer drawings are available. Please call if you require additional information. Sincerely, SEACOAST UTILITY Brace Gregg Director of Operations ad cc: Rim Bisbop, Sean Donahue Jim Lance, Scott Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627.2820 / Executive Office (561) 627 -2900 / FAX (561) 6242839 0 FPL May 16, 2001 Florida Power & Light Company, P.O. Box 14000, Juno Beach, FL 33406 -0420 Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, FL 33410 -2174 Attn; Mr. Bruce Gregg, Director of Operations Re: Ryder Substation DRC comments Dear Mr. Gregg; We offer the following response to your comments dated 2/12/2001: 1) This substation will be substantially like Ross Substation with all electrical equipment located within the secure fenced area. Conduits exiting this fenced are have not been designed as of yet. We will provide detailed drawings to you as soon as we complete that phase of the project design. 2) We have not started the civil design phase of this project. As soon as civil plans are complete we will submit these plans to you for review. Should you requ' additional i ormation please contact me at our office. Sincerely David`1 . Partino ASLA SubstatiM Siting and Permitting Cc: Talal Benothman Marty Minor � Got ���ppti t7' � _1 gay X00 an FPL Group company 0 QTY OF PALM BEACH GARDENS MEMORANDUM .. TO: Tal_al_ Benothman, Senior Planner DATE: February 14, 2001 APPROVED: FROM Scott Fetterman, Deputy Chief, Administration SUBJECT. FPL Ryder Substation (PUD -00 -010). The Fire Rescue Department has reviewed the above referenced PUD and has no adverse comments or concerns at this time. Thank you for your consideration in this matter. Please keep us informed if any future changes are proposed. Inner - Office Memorandum To: Talal Benothman, G owth Management De t From: Lieutenant Jay Sp r, Officer E. Lovejoy Ref: FPL Substation Date: 02/28/01 Conditions: • Lighting locations should not conflict with landscaping (to include long term tree canopy growth). • Metal Halide lighting should be used. • Building lighting (non - glare) should be around perimeter of all sides. • Provide details of commercial numbering system for emergency response purposes in an 8 V2 x 11 map format. • Numerical address: a. Needs to be illuminated for nighttime visibility. b. Must have bi- directional visibility from the roadway. • Building should be pre -wired for alarm system. James F. Schnelle, Jr., P.E. Environmental Management & Engineering 8259 North Military Trail, Suite #$ Palm Beach Gardens, Florida 33410 -6352 (561) 622 -5549 February 21, 2001 Mr. Talal Benothman, Senior Planner DRAFT 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: FPL Substation Pursuant to your request on February 16, 2001, we conducted a cursory review of the above referenced project located at the northeast comer of the C -18 Canal and PGA Boulevard. Site is considered disturbed lands and appears to have historically functioned as a wet prairie ecosystem. We request the applicant provide the following information: 1. Vegetation Inventory 2. South Florida Water Management District and USACOE Wetland Jurisdiction Determination. 3. Copy of Environmental Resource Permit Application 4. Listed Flora and Faunal species known or suspected to occur or potentially occurring on site. 5. Correspondence with environmental regulatory agencies if applicable. Thank you for the opportunity to provide consultant services to you. Very truly yours, '111k- s F. Schr el e, Jr., PE o sultant Lbf INC. ODNSULTING (IML ENGINEERS, SURVEYORS &MAPPERS QVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 wwwlbfh.com MEMORANDUM TO: Talal Benothman FROM: Sean C. Donahue, P.E.'�Dc'%r'� DATE: March 5, 2001 FILE NO. 01 -4183 (City Petition No. PUD- 00 -09) SUBJECT: FPL -Ryder Substation We have reviewed the following plans and information received on February 12, 2001: • PUD Amendment Application prepared by Urban Design Studio. • Concurrency Project Facts Sheet prepared by Urban Design Studio. • Site Plan, Landscape Plan and Details prepared by Urban Design Studio. • Boundary Survey Prepared by Lidberg Land Surveying, Inc. We have the following comments: 1. The applicant needs to provide a stop sign and stop bar at the project exit. 2. The applicant needs to provide pedestrian crossing signs and crosswalk striping in the entrance drive. 3. The applicant needs to provide a conceptual drainage plan. 4. The applicant needs to show all proposed drainage pipes and facilities on the landscape plans. 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/ cc: Steve Cramer Karen Craver PAPR0JECTS\PBGMEM0k1183\4183c a: CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 wv wkf xom MEMORANDUM TO: Talal Benothman FROM: Sean C. Donahue, P.E. DATE: June 5, 2001 FILE_NO. 01 -4183 (City Petition No. PUD- 00 -09) SUBJECT: FPL - Ryder Substation We have reviewed the following plans and information for the above referenced project received May 14, 2001: • Revised Site Plan / Conceptual Drainage Plan prepared by Urban Design Studio. • Revised Landscape Plan prepared by Urban Design Studio. We have the following comments: Conditionally Satisfied. The applicant has added a stop sign and stop bar at the egress lane. Prior to issuance of the first building permit, the applicant shall add a note to the construction plans specifying the stop bar will be constructed utilizing Thermoplastic material. Conditionally Satisfied. The applicant has added a pedestrian crosswalk and signage. Prior to issuance of the first building permit, the applicant shall add a detail to the construction plans detailing the overall width, striping, and signage for the pedestrian crosswalk, for review and approval by the City. The pedestrian crosswalk does not occur at a "stop" condition, therefore, advance warning signs (W11.) as well as warning signs (W11A -2) shall be utilized. 3. Satisfied. The applicant has provided a conceptual drainage plan. The applicant shall note that all drainage pipes under load bearing surfaces shall be RCP. (D4 Not Satisfied. The applicant has shown the storm sewer piping system on the Landscape Plan. However, there appears to be a conflict between the drainage. pipe and landscape berm just east of the proposed roadway. The applicant shall revise accordingly. 5. The applicant shall provide a boundary plat for review and approval by the City. Prior to issuance of the first building permit, the approved plat shall be recorded. 6. The applicant has shown the 50 -foot PBC Access and Management Easement on the Site Plan and Landscape Plan. However, the proposed FPL — Ryder Substation Page 2 of 2 LBFH File No. 01 -4183 landscape berm conflicts with the existing easement. The applicant shall revise the Landscape Plan accordingly. 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 /tj cc: Karen Craver P:\PROJECTS\PBGMEMO\4183\4183d.doc Memo to File From: Mark Hendrickson, City Forester 1j%114- Subject: PUD- 00 -10, PGA Boulevard FPL Substation Facility (Parcel 18.A02) Date: February 23, 2001 I have reviewed the petition and provide the following comments for the DRC meeting: • I have reviewed an environmental assessment report for this site. There are no environmentally significant lands on the entire 9.32 acres. Therefore, no upland preserve is required. • Palm Beach County has a recorded Access and Management Easement over the entire site for the purpose of accessing and maintaining their property to the north. According to recent correspondences, a 50 -foot wide access easement through Parcel 18.A02 will replace the old easement. This needs to be shown on the site plan and landscape plan. • The substation is encroaching thirty (30) feet into the Parkway Overlay District. The petitioner needs to show how they are averaging the parkway through their entire site or ask for a waiver. • There are conflicting statements throughout the entire petition. The application states that FP &L is requesting to develop 9.32 acres. However, the project totals 5.5 acres reserving the western portion of the site for the City future boat ramp. This sounds like two projects, except the proposed landscaping and sidewalk runs all along PGA Boulevard. 1. Please explain who is installing and maintaining all the proposed landscaping. 2. The boat ramp already exists on SFWMD property. I recommend making park improvements part of this application. FP &L would build the park and own the property. 3. All the exotic vegetation should be removed from this site and restored with native vegetation, including the area north of the canal. April 30, 2001 Mr. Talal Benothman, Senior Planner City of Palm Beach Gardens Growth Management Department 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: FPL SUBSTATION FACILITY PUD Our ref. #00- 006.00 Dear Talal, �09 77F Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In response to the Development Review Committee comments, we offer the following responses. For your convenience, I have duplicated your comments in bold and our responses follow in italics. 1. The requested use is not permitted in the PGA Blvd. Overlay Corridor. This petition may not move forward beyond this stage of the review process until the PGA Overlay is amended to allow substation facilities within the corridor. 2. 3. 4. We have submitted an application for a text amendment to the PGA Boulevard Overlay Corridor regulations. On April 19, 2001, the City Council approved the concurrent processing of the text amendment with this Planned Unit Development application. The right -of -way of PGA Blvd. West of the Turnpike is 160 feet, rather than 120 feet. The site and landscape plans should be revised to reflect the accurate right -of- way for PGA Blvd. As it was discussed at the Development Review Committee meeting, the ultimate right -of- way for this site is 120 feet as reflected on the approved Mirasol master plan and on the Palm Beach County right -of -way map. The site and landscape plans should be revised to reflect the accurate parkway Overlay District buffer based on a right -of -way of 160 feet for PGA Blvd. The site and landscape plan reflect the 120 foot ultimate right -of -way. Note on the site and landscape plans the parkway buffer easement as a dedicated easement to the City of Palm Beach Gardens. It should also be recorded. -� G:\COMMON\Jobs\Fpl-pbg\FPLDRCres.wpd LCC35 y City of P.B. Gardens ppR 30 21 GRuwIN MANAGEMENT DEPARTMENT 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax ne, CA 714.489.8131 The Parkway buffer has been identified on the revised landscape plan. The easement will be recorded during the platting process for this site: Comments from Lieutenant Jay Spencer, February 28, 2001 1. Lighting locations should not conflict with landscaping (to include long term tree canopy growth). Only a security light on the building is being proposed. 2. Metal Halide lighting should be used. A metal halide lamp will be used. 3. Building lighting (non - glare) should be around perimeter of all sides. As the building will be enclosed by a fence and will be unmanned, a security light is proposed. 4. Provide details of commercial numbering system for emergency response purposes in an 81/2 x 11 map format. 5. Numerical address: a. Needs to be illuminated for nighttime visibility b. Must have bi- directional visibility from the roadway There will not be any address for the site as it will be an unmanned facility. 6. Building should be pre -wired for alarm system. This will be addressed during the review of the construction plans for this facility. Comments from Sean Donahue, March 5, 2001 1. The applicant needs to provide a stop sign and stop bar at the project exit. A stop sign and stop bar has been added to the project's site and landscape plan. 2. The applicant needs to provide pedestrian crossing signs and crosswalk striping in the entrance drive. Pedestrian crossing striping and signage have been added to the site. 3. The applicant needs to provide a conceptual drainage plan. G:\COMMON\Jobs\Fpl-pbgTPLDRCres.wpd LCC35 A site plan /conceptual drainage plan is attached for your review. 4. The applicant needs to show all proposed drainage pipes and facilities on the . landscape plans. The landscape plan has been revised to indicate the location of the drainage pipes. Comments from Seacoast Utility Authority, February 12, 2001 1. The applicant needs to submit an elevation of the "build out" equipment to be placed at the site including offsite poles, guys and conduits associated with the proposed substation. Attached for your review is a conceptual elevation of the proposed facility. Please note that the facility will be screened by landscaping when it is constructed. We will work with Seacoast Utilities regarding the placement of poles, guy wires and conduits, which have not been finalized at this time. 2. We are unable to comment on the proposed landscape plans until detailed water and sewer drawings are available. No comment necessary. Comments from Mark Hendrickson, February 23, 2001 1. I have reviewed an environmental assessment report for this site. There are no environmentally significant lands on the entire 9.32 acres. Therefore, no upland preserve is required. No comment necessary. 2. Palm Beach County has a recorded Access and Management Easement over the entire site for the purpose of accessing and maintaining their property to the north. According to recent correspondences, a 50 -foot wide access easement through Parcel 18.A02 will replace the old easement. This needs to be shown on the site plan and landscape plan. The 50 foot easement is indicated on the revised site and landscape plans. The easement has been accepted by Palm Beach County Environmental Resource Management Department. A letter stating this acceptance is forthcoming. 3. The substation is encroaching thirty (30) feet into the parkway Overlay District. G:\COMMON\Jobs\Fpl-pbg\FPLDRCres.wpd LCC35 a The petitioner needs to show how they are averaging the parkway through their entire site or ask for a waiver. The parkway averaging has been identified on the revised landscape plan. 4.. There are conflicting statements throughout the entire petition. The application stats that FP &L is requesting to develop 9.32 acres. However, the project totals 5.5 acres reserving the western portion of the site for the City future boat ramp. This sounds like two projects, except the proposed landscaping and sidewalk runs all along PGA Boulevard. The site is 9.32 acres in size. The proposed park associated with the existing boat ramp has been removed from the site plan. 1. Please explain who is installing and maintaining all the proposed landscaping. Florida Power and Light will be installing and maintaining the proposed landscaping. 2. The boat ramp already exists on SFWMD property. I recommend making park improvements part of this application. FP &L would build the park and own the property. As stated, the existing boat ramp is not on the applicant's property. No new park improvements are proposed. 3. All the exotic vegetation should be removed from this site and restored with native vegetation, including the area north of the canal. We would accept this as a condition of approval. We hope that the attached information addresses all your concerns and that this may be scheduled for the next available Planning and Zoning Commission workshop meeting. Sincerely, Urban Design Studi Henry Skokowski, AICP Principal G: \ COMMONUobs\Fpl- pbg\FPLDRCres.wpd LCC35 ueld eBouleia len;deouo. 3' M91d _ ;011 9 ol j asuep e J 4 ea w Bpi* 41 -all 11 1011 1131111 ii 211! HIM 11 Ai 0 J D zd z �o J N � I I I I � , I 1 I I 1 0 II JI II II1 II II II I I II II L I� C n V Ail 1 a IL z $ri z J N 3� LL � a Q 2 l6 I N Q CO C N O1 cr.. N U O a H o a _ma n. a c Q w'oc`�' �0 c S. 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C C B g p g!] ue1d adeospue-1 W_!� lb c epiao�� `suapae� y�ea8 weed § =E 99p g�gm S $ 7( a � 111 ��i���o7q� IS JOPAN § § m;�n =i: 3s @�$:;;1� ge o m -- �•S I m a ma ��� ���m $ Woo I�66a o aLu m II � A p § � m �.OZL e1 i is I - m° o I� I ler T d d wl I I o1T °N 6M1 I I .If�l I I a i � c � � B asrasva aom+roeame ` N a�Z W — �fi /, _ a-1 V 2 2 �, v�Wc � a sr+ ���° � � Q 6- - CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: October 4, 2001 Date Prepared: September 19, 2001 SUBJECT /AGENDA ITEM MISC- 01 -15- PARCEL 27.05/06 Sign Program Consideration for Approval: Resolution 148, 2001, a request by Kenneth Blair, on behalf of Catalfumo Construction and Development, Inc., to consider and approve a sign package for Parcel 27.05/06. The site plan was previously approved by Resolution 26, 2000. The site is located within the Regional Center Development of Regional Impact (DRI) on the north side of PGA Boulevard (Blvd.), immediately west of the Meadows Mobile Home Park. RECOMMENDATION Staff recommends approval of Resolution 148, 2001, including approval of three waivers. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner Steven B. Crame CP Costs: $ [ l Approved Project {� Total [ l APP. w/ conditions City Attorney Manager y [ ] Denied Finance NA Ed Tombar, , P $ [ X] Rec. approval Current FY [ l Rec. app. w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Manage Date: Paper: [ ]Operating • Resolution D ector /�/a,� k,l� [ ]Required [ ] Other 148, 2001 .. - Charles K. Wu, AICP [X] Not Required • Legal Description Approved by: 1-1 Affected parties: Budget Acct. #: g • Site Plan Elevations City Manag [ ] Notified [X] Not Required 0 None City Council Meeting Date: October 4, 2001 Date Prepared: September 19, 2001 Petition MISC -01 -15 BACKGROUND Development on the subject site was previously approved by Resolution 26, 2000 on May 4, 2000, for 179,070 square feet of multi -use development on approximately 16 acres. The entire development was approved as one phase, and consists of two retail buildings with 25,000 square feet each, two office buildings with 24,500 square feet each, one bank building with 3,420 square feet of floor area, and a three -story hotel building (118 rooms) with a 76,650 square foot floor area. The floor plans of Retail Building 1 and Retail Building 2 have been amended through an administrative approval to allow for multiple tenants in Retail Building 1 (three tenants) and Retail Building 2 (six tenants). The original approval for this site provided for one tenant in Retail Building 1 and up to four tenants in Retail Building 2. Although the City Council required the applicant to return to the City with a sign program application, the applicant did at the time of the original approval indicate conceptual sign locations on the south elevations, including one sign location for the one - tenant Retail Building 1, and two sign locations for the four - tenant Retail Building 2. Access to the site will be from Minsk Gardens Avenue, which intersects with PGA Blvd. and continues into the Regional Center DRI to intersect with Kew Gardens Avenue. The setback of the closest building to PGA Blvd. is 55 feet, which is in compliance with the special setback requirement established for PGA Blvd. LAND USE AND ZONING The future land use designation of the subject site is Professional Office (PO), and the zoning classification is Planned Community District (PCD). The subject site's designation on the Master Plan of Development (Map H) of the DRI is Retail /Office /Hotel. WAIVERS The applicant is requesting five waivers from the City's Land Development Regulations; however, staff recommends approval of only three. Staff does not support the remaining two waivers because the signs either front on or are visible from PGA Blvd, and are, in staff's professional opinion, excessive and redundant. This recommendation is consistent with previous actions the Planning and Zoning Commission and City Council have taken regarding Parcel 27.10B within the Regional Center DRI. 2 City Council Meeting Date: October 4, 2001 Date Prepared: September 19, 2001 Petition MISC -01 -15 PROPOSED SIGN PROGRAM Type of Sign Building Location Per- mitted Re- quested In Compliance Waiver Staff Rec. P & Z Rec. 7/24/00 Major tenant sign Retail 1 North 1 1 Yes No Ground floor /flat wall sign North 0 2 No (do not face r -o -w or main entrance and letter size ) Yes From Sec. 78- 285 Support Support West 0 1 No Yes From Sec. 78- 285 Do not support Support Window signs North 3 3 Yes No Major tenant sign Retail 4' South 1 1 Yes No Ground floor /flat wall sign North 0 6 No (do not face r -o -w or main entrance) Yes From Sec. 78- 285 Support Support South 6 6 Yes No Window sign North 6 6 Yes No Major tenant sign : City Council Meeting Date: October 4, 2001 Date Prepared: September 19, 2001 Petition MISC -01 -15 STAFF SUPPORTED REQUESTS Staff supports three of the five requested waivers due to the fact that the additional signage will be located on commercial buildings. Two waivers are requested to permit the applicant to have two signs per tenant bay for Retail Buildings 1 and 2. The applicant is permitted signs facing a right -of -way (PGA Boulevard) by right. The waiver is to allow for additional signage facing the parking lot, which is along the north elevation. A third waiver is requested to allow for the applicant to have a third tenant sign on Office Building 2, which would be located over a financial drive -thru teller. This is the first commercial center to be located in front of the Regional Center, as permitted by the Regional Center Master Plan, and as such, it is staff's professional opinion that special consideration should be given to additional signage to ensure the economic viability of the plaza. It is staff's opinion that the applicant has provided a uniform sign program that is aesthetically compatible with the approved architecture of the site, and the sign program is similar to other commercial projects along PGA Boulevard, including Prosperity Centre and PGA Commons. It is staff's opinion that the allowance of additional signage does not set a precedent for additional signage beyond code allowances for non- commercial buildings located within the PGA Corridor. STAFF NOT IN SUPPORT OF REQUESTS One requested waiver would permit an additional tenant sign on Office Building 2 (see attached sheet A-4, Office 2); however, this elevation does not face a right -of -way or primary entrance. A second waiver has been requested for an additional tenant sign on the west elevation of Retail Building 1 (see attached sheet A -4, Retail 1), not facing a right -of- way of primary entrance. Both elevations are visible from PGA Boulevard. Staff does not support these waiver requests due to the fact that granting such waivers would create a proliferation of signage visible from PGA Boulevard. Staff has processed several development applications for waivers to permit additional signage on non - commercial buildings along PGA Boulevard; however, the City has maintained a limit of one ortwo signs per non - commercial buildings along PGA Boulevard, in front of the Regional Center. It is anticipated that there will be future demand for additional signage within this section of PGA Boulevard, and therefore staff does not support waivers that would set a precedent for future waiver requests for additional signage. STAFF RECOMMENDATION Staff recommends approval of the sign program for Parcel 27.05/06 with three of the requested five waivers (as indicated in the table). Staff recommends denial of the remaining two waivers. The Resolution, as written, does not include the waivers that staff has recommended denial of. 4 City Council Meeting Date: October 4, 2001 Date Prepared: September 19, 2001 Petition MISC -01 -15 PLANNING AND ZONING COMMISSION On July 24, 2001, the Planning and Zoning Commission reviewed this petition, and by a vote of 5 -2, made a recommendation for approval to the City Council. The Commission also voted to recommend approval for all five waivers requested by the applicant. In addition, the Commission also requested that the applicant make the following amendments to the sign package: (1) The size of the maximum letter size on the main building sign on the center tower on the south elevation of retail one building be limited to 32 ". THE APPLICANT HAS COMPLIED. (2) The letters on the center office tower shall be limited to 32 ", and the tenant ID sign be moved to the far left of the elevation. THE APPLICANT HAS COMPLIED. (3) The applicant shall revise elevations to indicate wall signs at a maximum size of 125% of area shown, not to exceed the maximum allowed by code. THE APPLICANT HAS COMPLIED. Shortrange /niisc0015 September 21, 2001 RESOLUTION 148, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM CATALFUMO DEVELOPMENT COMPANY FOR A SIGN PROGRAM FOR PARCEL 27.05/27.06 WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DEVELOPMENT (PCD) NEAR THE NORTHEAST CORNER OF KEW GARDENS AVENUE AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC -01- 15) from Catalfumo Development Company for approval of a sign program for Parcel 27.05/27.06 within the Regional Center Planned Community Development Overlay District (PCD), as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 16.19 -acre Parcel 27.05/27.06 at the Regional Center site is currently zoned Planned Community Development Overlay District (PCD) with a DRI Master Plan designation of Retail /Office /Hotel; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the Land Development Regulations and the Regional Center DR[ Master Plan; and WHEREAS, the Growth Management Department and the Planning and Zoning Commission have recommended approval of the sign program for Parcel 27.05/27.06 at the Regional Center. 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 approves a sign program for Parcel 27.05/27.06 within the Regional Center Planned Community Development Overlay District located near the northeast corner of Kew Gardens Avenue and PGA Boulevard, as more particularly described in Exhibit "A" attached hereto. SECTION 2. The following waivers are hereby granted with this approval: 1. Permitted Signs —Section 78 -285, which requires a maximum of one flat/wall sign per Resolution 148, 2001 Meeting Date: October 4, 2001 Date Prepared: September 18, 2001 Petition MISC -01 -15 tenant, to allow for 2 additional tenant signs on Retail Building 1. 2. Permitted Signs —Section 78 -285, which requires a maximum of one flat/wall sign per tenant, to allow for 2 additional tenant signs on Retail Building 2. 3. Permitted Signs —Section 78 -285, which requires a maximum of one flat/wall sign per tenant, to allow for 2 additional tenant signs on Office Building 1. SECTION 3. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department (dates represent the date the plan was received and stamped in): 1. July 19, 2001 Wall Elevations, Retail 1, Atlas Signs, Sheets A -1 and A -2 2. July 19, 2001 Wall Elevations, Retail 2 Atlas Signs, Sheets A -1 and A -2 3. July 20, 2001 South Wall Elevation, Wachovia Bank, Sheet A -2 4. July 17, 2001 West Wall Elevation, Office Building 2, Sheet A -4L SECTION 5. 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 6. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO 2 ATTEST BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G lshortrange /m isc0115res Resolution 148, 2001 Meeting Date: October 4, 2001 Date Prepared: September 18, 2001 Petition MISC -01 -15 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT K3 Resolution 148, 2001 Meeting Date: October 4, 2001 Date Prepared: September 18, 2001 Petition MISC -01 -15 EXHIBIT "A" K3 DESCRIPTION: PARCEL 27.06 A PARCEL OF LAND SITUATE IN SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE SOUTH 88 °51'28" EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 A DISTANCE OF 266.10 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01 °08'32" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 651'28" EAST ALONG SAID RIGHT -OF -WAY LINE A DISTANCE OF 70.08 FEET; THENCE NORTH 01 008'32" EAST A DISTANCE OF 10.00 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE SOUTH 88 051'28" EAST A DISTANCE OF 98.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE DEPARTING SAID NORTH RIGHT - OF -WAY LINE NORTH 43 °51'28" WEST A DISTANCE OF 56.57 FEET; THENCE NORTH 01 °08'32" EAST A DISTANCE OF 505.13 FEET; THENCE NORTH 88 °53'53" WEST A DISTANCE OF 391.25 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE NORTH 01 025'01" EAST ALONG SAID WEST LINE A DISTANCE OF 39.97 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 10.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5; THENCE SOUTH 89 053'54" EAST ALONG SAID SOUTH LINE A DISTANCE OF 1326.59 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE SOUTH 01 °05'58" WEST ALONG SAID EAST LINE A DISTANCE OF 595.76 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD, SAID RIGHT -OF -WAY LINE BEING 60.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE NORTH 88 651'28" WEST ALONG SAID RIGHT -OF -WAY LINE A DISTANCE OF 555.01 FEET; THENCE NORTH 85 °35'14" WEST ALONG THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A DISTANCE OF 175.28 FEET ;_ THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE NORTH 88 °51'28" WEST A DISTANCE OF 165.98 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 13.07 ACRES MORE OR LESS. DESCRIPTION: PARCEL 27.05 A PARCEL OF LAND SITUATE IN SECTION 5, TOWNSHIP 42 SOUTH. RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE SOUTH 88 051'28" EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5 A DISTANCE OF 266.10 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01 008'32" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 87 042'31" WEST ALONG SAID RIGHT -OF -WAY LINE A DISTANCE OF 251.80 FEET TO THE SOUTHEAST CORNER OF A NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT WATER MANAGEMENT TRACT AS DESCRIBED IN OFFICIAL RECORD BOOK 5072, PAGE 354, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01 008'32" EAST ALONG THE EAST LINE OF SAID TRACT A DISTANCE OF 469.81 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 88 053'53" EAST A DISTANCE OF 264.82 FEET; THENCE SOUTH 43 052'41" EAST A DISTANCE OF 35.37 FEET; THENCE SOUTH 01 008'32" WEST A DISTANCE OF 410.05 FEET; THENCE SOUTH 44 044'41" WEST A DISTANCE OF 55.24 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 3.12 ACRES MORE OR LESS. SURVEY REPORT 1. TIIIS IS A BOUNDARY AND TOPOGRAPHIC SURVEY AS DEFINED IN CHAPTER 61G17- 6.002(8), FLORIDA ADMINISTRATIVE CODE. 2. SURVEY BASED ON THE LEGAL DESCRIPTION. 3. LEGAL DESCRIPTION WAS PREPARED BY LIDBERG LAND SURVEYING, INC. 4. BEARING BASE: SEE SKETCH 5. THE SUBJECT PROPERTY LIES WITHIN FLOOD ZONE B, PER FLOOD INSURANCE RATE MAP NO. 120221 EFFECTIVE DATE JANUARY 17, 1979. 6. TOTAL AREA - PARCEL 27.05 - 3.12 ACRES PARCEL 27.06 - 13.07 ACRES 7. THIS SURVEY REFLECTS THOSE MATTERS OF RECORD THAT AFFECT THE SUBJECT PROPERTY AS I CHICAGO TITLE INSURANCE COMPANY COMMITMENT OF TITLE, COMMITMENT NUMBER 99 -1232, REVISE[ EFFECTIVE DATE MARCH 12,1999 AT 8:00 A.M. 8. 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I K� �,t ;�: t �i !'�"i g • kAx }}wit i ; 0 I 9` II � Miih; I li 1 � II I � ^ � II '•� I jl �� II Ip_ Y III t c i� I�r3aWfi�atl t a R19 1�f � I LL I LL- �t�ls�l�.� � z��lti 1��0. �• L uft �pp aY }F s _- 11 f � I K11W Flo d w a E 0 a O Q W W 'O vJ N LL z� Wo N � zm w zN g� r 1 o ° p _ R� WLLt Q� °L d W cn U°rn 0 M M Q �0 j l°- W zO 0OQ m <co ¢Oo t �0 w cm L J EL c m m ` G 0 m �aJ 7 } m m m 6 -Tj II z 0 888 �i U) ZgZgZZ cc U U U w Flo 01 \ -rdaa of o „y. N'y Z N Z Z > LL J O [7 O ° O W CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 4, 2001 Date Prepared: September 19, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 147, 2001 re- appointing two (2) members to the Art Advisory Committee. RECOMMENDATION Staff recommends that the City Council approve Resolution 147, 2001. Reviewed by: Originating Dept.: Growth Management: FINANCE: NA Art Advisory Committee Principal Planner Costs: $ Recommendation: Karen M. Craver, ICP Project OA4�� Total [X]Approved City Attorney Manager [ ] App. w/ conditions Leonard Rubin Kara Irwin $ [ ] Denied Finance NA Current FY [ ] Rec. approval [ ] Rec. app. w/ conds. Human Res. NA Funding Source: [ ] Rec. Denial [ ] Operating [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: [X] Other NA • Resolution 147, 2001 Manage kt6tvw • David Miller's Director �. Paper: Resume (applicant) Charles K. Wu, AICP • Guy Norman's [X] Not Required Budget Acct. #: Resume (applicant) Approved by: NA • David Porter's Affected parties: City Manag G Resume Ronald M. Ferris [ ] Notified • Caren Hackman's [X] Not Required Resume [ ] None 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 terms of three years. According to City records, the terms of two regular members expired on September 21, 2001. The proposed resolution is to re- appoint Art Advisory members whose terms have expired. On September 10, 2001, the Art Advisory Committee recommended the re- appointment of the two members whose terms had expired (David Porter and Caren Hackman). Mr. Porter was originally appointed on September 6, 1990, and has served on the Committee for 11 years. Mrs. Hackman City Council Meeting Date: October 4, 2001 Date Prepared: September 19, 2001 was originally appointed on December 19, 1991, and has served for almost 10 years. The committee also reviewed the applications of two prospective applicants, but decided to reappoint the two members, Mr. Porter and Mrs. Hackman, who had expressed the desire to continue to serve on the committee. Section 2 -84, Terms of Membership, of the City Code of Ordinances limits the terms of membership of any City Board to six consecutive years unless no eligible candidate shall be available to fill the vacancy. However, the City Council may determine, in the exercise of its discretion, that the member's reappointment is in the best interests of the City, notwithstanding that the member will serve longer than six consecutive years. David Porter and Caren Hackman have both served for more than six consecutive years as very active and essential members of the Art Advisory Committee. The City Council may determine that the members can serve longer than six consecutive years if they feel it would serve the best interest of the City. The Art Advisory Committee has recommended the re- appointment of the members to City Council and it is staff's position that the two members should be re- appointed based on their level of activity and commitment to the Art Advisory Committee. RECOMMENDATION Staff recommends approval of Resolution 147, 2001, which re- appoints two regular members to the Art Advisory Committee. 2 September 19, 2001 RESOLUTION 147, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE REAPPOINTMENT OF TWO (2) REGULAR MEMBERS TO THE ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 78 -261 of the City of Palm Beach Gardens Code of Ordinances provides for the appointment of members to the Art Advisory Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 106 -28 of the Palm Beach Gardens Code of Ordinances, (regular member) and (regular member) are hereby appointed as members of the Art Advisory Committee of the City of Palm Beach Gardens, Florida, for 3 -year terms, which term shall expire September 21, 2004. SECTION 2. Pursuant to Section 2 -84 of the Palm Beach Gardens Code of Ordinances the City Council has determined that the members' reappointments are in the best interests of the City. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNCILMEMBER SABATELLO 1 City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISOR Please print in Black Ink Board(s) Applied for: p .rt pj`Ic,f� Name: (Print) S . r � tti to ,- Telephone: Day ­01 7 Home Address: 7916 Cv ✓-Y-% M i'e-le-1 Evening Ye- How long have you been a resident of Palm Beach Gardens? /� vrs,Palm Beach County? a- 1-s . Current Employer: � �-L f�. Position: P "-5 A ""e- Please attach a resume to your application or use space below to summarize qualifications 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) Educational Background Aol �N-da4M S bal 6,9 lJ�S�ZII - d� ,J JJ k Community Activities (Include offices held and committee service) P_s9- Signature Join �Cl%_ .��.�► Date �///" 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. ck-1. l i City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink /� f r Board(s) Applied for: A K'p ) SDRY am M , EAuftizifAii0,J it EN09.oNMf:V hk dv*1ln Name: (Print)P.O�. �rf ✓y iV OQ/Y�f� IIL /� Telephone: Day Evening JI Home Address: M-o p, Ir-Im ed olf i3 'ze, j I . F �3* 10 How long have you been a resident of Palm Beach Gardens? 7VRS Palm Beach County? Current Employer: S��%�-, Position��j(� �uSV( /AA1 Please attach a resume to your application or use space below to summarize qualifications 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) Educational Background Community Activities (Include offices held and committee service) Signature ,�i(,(il �G�1/YI'`Q06- -- � Date % � �lo • � 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. Lpt1�NG •' � 0 ci v 0 d r cn of 0 0 s; s: s; 0 v 0 ci V w V .N, p 0 r-. PRGF ESSOR GUY NORMAN / D e s i g n C o n u a I a n t B I O G R A P H Y Guy Norman gradu<ted from : The University of Pennsylvania Wharton School of Business and Pratt Institute School of Interior Design, with Honors. Guy Norman estati.ished the firm of GUY NORMAN LTD., INC., after many years in executive capacities with major design firms in both New Cit3 and Los Angeles, eventually moving the firm to Fort Lauderdale, Florida. The firm executed National and Inter- National Design /Planning projects promoting space utilization and the total interior environment for z11 business, institutional, and public building facilities, high -end residenti and related design services. He has been on retainer to many major businese and corporate groups, and has served as Continuing Design Consultant to th( American Management Associations, Inc_, creating all of their installation: world -wide. Mr. Norman both wrote, and chaired the A.H.A. seminar entitle( "Office Space Planning, Layout & Design ", promoted throughout this country and abroad, and attended by Facilities Managers of most major corporations In 1988 Guy Norman made a-commitment to the higher educational college community by accepting a position as Professor of Art & Director /Interior Design Program at the College of New Jersey, at the same time setting up a consultant practice to be of service to past clients on a continuing has He also spent a short period teaching at the Bauder College, formerly in Fort Lauderdale.. In 1997 Professor_ Norman left his tenured position, and taught for time at the Palm Beach Community College. qe plans to devote time to hi: own consultant practice, as well as align himself with other aspects of the design profession that are challenging, where his expertise in desif-11 and facilities planning administration may be utilized_ Professor Norman is the recipient of many national and regional deri_gn awa and is listed in both the National and Inter- National publications ai Baro Who's Who in Interior Design. Throught the years his work has appeared in many trade publications and articles. He may be reached as follows: 8403 EAST GARDEN OAKS CIRCLE, PALM BEACH GARDENS, FLORIDA 3341.0 TEL FAX 5 6 1 . 7 7 5 . 0 9 9 9 LIC.0399` '1 David Porter Associates - Architects, Inc. David Porter AIA RESUME AND CURRICULUM VITAE PRINCIPAL: David Porter AIA Registered Architect in the FL, LA, TN. VA, DC, MD, PA, NJ, DE, NY, OH, CT, MI, IN, IL, following states: NC, WV, WY, KY, RI, SC, MA, (' Also holds an NCARB certificate which allows for reciprocal registration in other states). Experience: • ARCHITECTURAL PRACTICE . David Porter Assoc.- Architects, inc. (founded 1981) Full service architectural firm; specializing in residential, restaurants, architectural forensic expert, DataCAD certified trainer (21D & 3D), custom homes, etc. . ARCHITECTURAL APPRENTICESHIP • Madis Valge Assoc. - Silver Spring, MD (3- person firm) 1974- 1978 Project Architect: Retail, residential, commercial • 1­1121_2 Architects /Planners, Phila., PA (60- person firm) 1978- 1981 Project Manager for all residential developments and residential restoration projects . BIRTH THROUGH COLLEGE Field experience working in parents custom home building business; designing, drafting, and building houses http:// www. porterarchitects .com/DPRESUME.htm Page 1 of 2 9/17/2001 '1 Page 2 of 2 Professional • American Institute of Architects (AIA) Organizations: • National Council of Architectural Registration Boards (NCARB) Certificate #33323; File #42150 • Florida AIA • Standard Building Code Congress • Former member National Association of Home Builders Former member Gold Coast Builders' Association • Association of Construction Inspectors Chairperson of the city of Palm Beach Gardens Art Advisory Committee (a member of that committee since 1988) Education: • University of Maryland (5 -year, B. Arch, 1978) Brief Description of the Firm's Current Status David Porter Associates - Architects, Inc. is presently a busy one - person office performing all work by CADD (computer - assisted drafting and design). Projects range from small -to -large environmentally sensitive, regionally styled houses, various buildings for a national, chain of restaurants (R.J. Gator's), to clubhouse buildings for golf course communities. The firm also acts as an expert witness for building owners, insurance companies, and attorneys in construction, building, and architecturally related claims matters. This work is particularly beneficial due to the experience gained, which then serves as a knowledge base for the firm's own work. http:// www. porterarchitects .com/DPRESUME.htm 9/17/2001 Kara Irwin From: Hackcar @aol.com Sent: Monday, September 17, 2001 5:16 PM To: Kara Irwin Subject: Re: Art Advisory Committee Caren Hackman 4305 Hickory Drive Palm Beach Gardens, Florida 33418 (561) 622 - 4884 Caren Hackman has spent the last twenty years working as a designer and artist during which time she created ad campaigns, brochures, and graphic identity systems for various organizations and corporations in the United States. Her most recent projects include work for Lost Tree Village Charitable Foundation, Palm Beach National Bank, Hanley - Hazelden and the Morikami Museum. Caren has worked in the corporate world in product design and marketing as well as founding and managing a nonprofit arts exhibition program, GardensArt. She maintains a presence as an illustrator and fine artist and has a solo exhibition of paintings scheduled for October 2001. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 4, 2001 Date Prepared: September 21, 2001 Subject/Agenda Item: First reading of Ordinance No. 3, 2001, repealing Division 4 of Chapter 2, Article IV of the City Code of Ordinances entitled "Alternate Procedure For Enforcement" and creating a new Division 4 of Chapter 2, Article IV of the City Code of Ordinances entitled "Code Enforcement Citation Ordinance" providing for the authority of Code Enforcement Officers, establishing a procedure for issuance, and a class of violations stating specific code sections approved for citation issuance, establishing county court jurisdiction and creating a fine schedule. Recommendation /Motion: Code Enforcement Staff recommends that Ordinance No. 3, 2001 be adopted. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorney Growth Management [ ] Approved Finance r Code Oiforcemont � [ ] Approved w/ conditions Other *in s [ ]Denied Code Enforcement Administrator Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: [ ] Other 1. Ordinance No. 3, 2001 2. Chapter 2, Article IV, Division 4 3. Florida Statutes 162.21- 162.23 4. Code Enforcement Special Master Procedure and Citation Procedure Flow Charts Paper: [x ] Not Required S miffed b I J Growth Mgt. Director Affected parties Budget Acct. #: Charles K. Wu, AICP ]Notified ( ]None Appr C a e [ x ] Not required l City Council Meeting Date: October 4, 2001 Date Prepared: September 212001 Ordinance 3, 2001 BACKGROUND: In 1996, Division 4 of Chapter 2, Article IV of the City's Code of Ordinances became the enabling ordinance for an alternate procedure for enforcement of code violations as provided for in Chapter 162, Florida Statutes. It established the following: a procedure for issuance; compliance timeframes; the contents of the citation; the filing procedure; the definition of civil infraction; and supplemental provisions. In discussions with other code enforcement professionals in Brevard, Palm Beach, Broward and Dade Counties, staff became aware of a uniform procedure of incorporating the specific codes into the enabling ordinances, creating fine schedules, and establishing the court having jurisdiction. Staff feels that adoption of this ordinance would provide an additional code enforcement system that would enhance the City's ability to promote, protect and improve the health, safety and welfare of the citizens through the code enforcement process. RESEARCH: Code enforcement personnel across the state believe the citation method is an important tool for enforcing local codes and ordinances. A survey of four county and three municipal citation ordinances was conducted to develop the proposed amendment (Alachua County, Volusia County, Orange County, Palm Beach County, the City of West Palm Beach, the Town of Jupiter and the City of Boca Raton). All of the above were closely adapted from Florida Statute 162.21 through 162.23. Staff felt these ordinances presented the most clearly defined method of citation usage. The actual citation form is directly based on the Florida Uniform Citation currently used across the state by other code enforcement agencies. We are currently using the Florida Uniform Citation for violations of water use regulations during Phase Il water restrictions. ANALYSIS: A citation is similar to a ticket issued by a police officer. The citation is issued to the actual "person" found violating the code. The person issued the citation has options to either pay the citation or contest it in court. Under the present parameters of the Code Enforcement Special Master process, staff issues a notice of violation to the owner of the property where the violation occurs. A citation places the responsibility for compliance on the actual violator, and not the property owner. Citations are particularly advantageous for enforcement of repeat violations and safety- related violations. An example of this would be code enforcement staff observing a landscaping contractor placing vegetative trimmings and waste in the City's swale for Waste Management to remove on the next designated pickup. Presently, staff can only issue a Notice of Violation to the property owner for allowing the contractor to illegally place the vegetative waste out for City removal. With the code enforcement citation program, the code inspector could issue a citation directly to the landscape 2 City Council Meeting Date: October 4, 2001 Date Prepared: September 21 2001 Ordinance 3, 2001 company observed placing the waste for Waste Management to remove. BENEFITS: 1. Immediate attention to correction of the infraction. The enforcement process takes less time with a citation than with the traditional code enforcement methods. In many instances, a code violation may take from 30 to 45 days before the case is presented to the Special Master. A citation requires no more than 30 days to comply. 2. The psychological effect of the citation sends a clear and distinct message of the City's commitment to enforcement of its codes and ordinances to the violator and the public in general. 3. Offenders are less likely to drag out compliance and avoid payment of fines and penalties, as in the case of traditional code enforcement methods. 4. Offenders have the opportunity to challenge the citation before a judge, if they feel they were wrongly accused. They risk facing assessment of the maximum fine and court costs, however, if they lose their case. 5. The citation method is a supplemental enforcement method only and not intended to replace the existing Code Enforcement Special Master procedure. 6. Citation use has the potential to generate approximately $32,000.00 in revenue to the City's General fund. (Staff used the fees listed in Schedule `B" to estimate the anticipated revenue based upon a review of Class IV violations investigated by staff in FY 2000 - 2001.) PROCEDURE: Schedule "A," the violation classification list, was based on a review of similar violation classification lists from the above referenced government agencies. Additions to or deletions from any of the violation classes would require an amendment to the code and adoption by City Council. Any violation listed in Schedule "A" may be enforced with a citation or through the Code Enforcement Special Master process. The determining factors depend on the individual circumstances, evidence found during the investigation, and the nature and severity of the violation. The discretion of the code inspector is also a key component as it relates to the severity of the violation and any other mitigating factors, such as repeat violator or habitual offender status of the individual involved. The code sections identified in Class I are those most often observed by code inspectors and represent the least threat to the health, safety and welfare of the citizenry. Class II violations are primarily aesthetic in nature and address several common nuisances. Class III violations include those of the City's Land Development Regulations. Class IV violations are identified as those that pose a serious threat to the health, safety and welfare 3 City Council Meeting Date: October 4, 2001 Date Prepared: September 212001 Ordinance 3, 2001 of the residents. Examples include unsecured swimming pools and violations of the Fire code. Also included in this category is engaging in business without an occupational license. Although Occupational License violations are not life - safety issues, staff believes that enforcement of this code section with a high fine encourages violators to acknowledge the fact that operating a business in the City is a privilege, and not a right. The following steps are to be followed in order to issue a citation for a code violation: 1. Photograph the scene for evidence to support violation. 2. Address the violator and state identity by name and title. Notify the violator that he or she is in violation of the specific code section and your authority to take enforcement action. 3. Identify the violator. Ask for driver's license or other form of picture identification. 4. Issue written warning (Violation Notice) for violation of affected code section. Indicate corrective action to be taken and compliance time frame. The period shall not exceed 30 days. 5. Re- inspect for compliance as provided in the Violation Notice. 6. If the violation has not been corrected as stated in the Violation Notice, the citation may be issued to the individual that received the Violation Notice. 7. Complete all pertinent information on the citation form. 8. If the violator refuses to pay the fine within the 10 days specified on the citation, the Code Enforcement Division must request the case be scheduled by the court for judgment for failure to pay, which may result in an outstanding warrant for arrest. A Respondent may contest the citation by signing in the appropriate section on the back of the citation, then mailing or returning it to any of the four courthouses in Palm Beach County within ten calendar days of issuance. This is clearly stated on the back of the citation. The Clerk of the Court then subpoenas all parties and schedules a court date. The code inspector appears before the Judge with his case file, all evidence to support the City's case and a certified copy of the enabling ordinance. The Judge hears both sides and a decision is rendered. It should be noted, that the violation must be corrected before the court appearance, or the Respondent's chances of prevailing are significantly decreased. If the Judge finds in favor of the respondent, no cost or penalty is imposed. If the City prevails, a fine is assessed at the discretion of the Judge, which may not exceed $500.00 plus court costs. The respondent may also be designated as a Repeat Violator under Florida Statutes. In that case, higher fines may be assessed, not to exceed $500.00. A Respondent who complies and pays the citation penalty in full, thereby admitting guilt, may also be designated as a Repeat Violator under Florida Statutes. 4 s City Council Meeting Date: October 4, 2001 Date Prepared: September 21 2001 Ordinance 3, 2001 FINE SCHEDULE: Schedule `B," the fine schedule, is based on ordinances from the agencies previously stated and is consistent with their fine schedules. All fines generated by the citations are returned to the City and may be deposited in the General Fund or a specifically designated account for fines, less court costs. Court costs are determined by the Clerk of the Court of the Fifteenth Judicial Circuit, and are currently $8.00. Court costs are assessed on each citation issued. The established policy by the Clerk of the Court provides that code enforcement citations shall be paid within thirty days of issuance. The Finance Department of the Court processes citation payments on a monthly basis. A report to each municipality is issued with payment detailing citation numbers both paid and unpaid. STAFF RECOMMENDATION: Code enforcement staff recommends adoption of Ordinance 3, 2001. Original: June 4, 2001 Revised: ORDINANCE NO. 3, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE CODE OF ORDINANCES BY REPEALING DIVISION 4 OF CHAPTER 2, ARTICLE IV, ENTITLED "ALTERNATE PROCEDURE FOR ENFORCEMENT" IN ITS ENTIRETY, AND CREATING A NEW DIVISION 4 OF CHAPTER 2, ARTICLE IV, ENTITLED "CODE ENFORCEMENT CITATION ORDINANCE "; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR AUTHORITY OF CODE ENFORCEMENT OFFICERS; PROVIDING FOR PROCEDURES FOR ISSUANCE; PROVIDING FOR PENALTIES; PROVIDING FOR COUNTY COURT JURISDICTION; PROVIDING FOR PROVISIONS SUPPLEMENTAL; PROVIDING FOR FINE SCHEDULES FOR CODE ENFORCEMENT CITATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Division 4 of Article IV, Chapter 2 of the City's Code of Ordinances provides for an alternate procedure for code enforcement, in accordance with Section 162.21(3)(a), Florida Statutes; and WHEREAS, as currently drafted, Division 4 of Article IV, Chapter 2 of the City's Code of Ordinances does not set forth the specific procedures and policies for the issuance of code enforcement citations; and WHEREAS, the City Council of the City of Palm Beach Gardens, has determined it to be in the best interest of the City to provide a new mechanism for the issuance of code enforcement citations in accordance with Florida law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: . Section 1. Division 4 of Article IV, Chapter 2 of the Code of Ordinances of the City of Palm Beach Gardens, entitled "Alternate Procedure For Enforcement" is hereby repealed. Section 2. The City Council hereby adopts a new Division 4 of Article IV, Chapter 2 of the Code of Ordinances of the City of Palm Beach Gardens, to read as follows: ARTICLE IV DIVISION 4 CODE ENFORCEMENT CITATION SYSTEM Sec. 2 -261. Title. This division shall be known and cited as the Code Enforcement Citation Ordinance of the City of Palm Beach Gardens. Sec. 2 -262. Rules of construction. For the purpose of administration and enforcement of this ordinance or division, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: (a). The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (b). The word "person" includes any natural person, 2 individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever, or any combination of such, jointly or severally. Sec. 2 -263. Authority of code enforcement officer. (a) A code enforcement officer is authorized to issue a citation to a person when, based on personal investigation, the officer has reasonable cause to believe that the person has violated a duly enacted city code or ordinance. (b) A citation may be issued for a violation of any city code or ordinance except building codes adopted pursuant to F.S. §553.73, as they apply to construction. Code enforcement officers shall have no power of arrest. Sec. 2-264. Procedures. (a) Prior to issuing a citation, a code enforcement officer shall provide a written violation notice to 3 the person that the person has violated a provision of the city code or ordinance. (b) The written violation notice shall establish a reasonable time period, of not less than five (5) calendar days and not to exceed thirty (30) days, within which the person must correct the violation. However, if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible, the code enforcement officer may immediately issue a citation to the alleged violator. (c) If, after personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the officer may issue a citation to the person who has committed the violation. (d) After issuing the citation to the alleged violator, the code enforcement officer shall deposit the original and one copy of the citation with the county court within seventy -two (72) hours of issuance by 4 certified mail or personal service. (e) The code enforcement officer shall inform the alleged violator that payment of the citation shall be made within ten 0 0) days of the date of issuance. (f) The code enforcement officer shall inform the alleged violator that he or she may contest the citation by contacting the Clerk of the Court within ten (10) calendar days of issuance of the citation. Sec. 2-265. Penalties. (a) A violation of a city code or ordinance is a civil infraction. (b) There is established a maximum civil penalty not to exceed five hundred dollars ($500.00) per violation. (c) Any person who has committed a civil infraction and does not contest the citation shall be assessed a penalty as set forth in Schedule "B." (d) The penalties for uncontested violations are set forth in the attached uniform fine schedule and incorporated herein as Schedule "B" located at the 5 end of this article. If the person cited elects to pay the applicable penalty set forth in Schedule "B," the person shall be deemed to have admitted the infraction and waived the right to a hearing. The substantive code provisions to Schedule "A" may be added or deleted by ordinance. (e) Repeat violations may be assessed fines in the next higher class as specified in Schedule "B." Third - time offenses will be considered class IV violations, or an additional amount of one hundred dollars ($100.00) will be assessed, whichever is greater, not to exceed five hundred dollars ($500.00). Adjudication as a Repeat Violator shall be proved by either payment of the penalty by the respondent, or by decree of a judge of the County Court in and for the Fifteenth Judicial Circuit or by a finding of fact by the code enforcement special master of the city. Fourth -time offenders shall require a mandatory court appearance in the County Court in and for the Fifteenth Judicial Circuit. (f) Any person who willfully refuses to sign and C accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, as provided by F.S. §775.082 or 775.083, and punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both fine and imprisonment. Section 2 -266. County Court jurisdiction. (a) The County Court in and for the Fifteenth Judicial Circuit shall hear charges of code violations pursuant to the issuance of citations. (b) Any person so charged may contest the citation in the County Court within ten 0 0) calendar days. Section 2 -267. Provisions supplemental. The provisions of this division are additional and supplemental means of enforcing codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its codes or ordinances by any other means. SCHEDULE "A" CODE SECTION DESCRIPTION CLASS Ch. 78, Sec. 784 Prohibited signs Ch. 78, Sec. 393 Parking & storage I of Commercial Vehicles Ch. 78, Sec. 395 Parking & storage of recreational vehicles and boats Ch. 34, Sec. 181 Nuisance declared- I Inoperable/ Unregistered vehicles Ch. 54, Sec. 58 Trash off schedule I Ch. 54, Sec. 60 Excessive trash II . out for collection Ch. 78, Sec. 376 Outdoor storage — II residential Ch. 78, Sec. 78 Noise II (b) Ch. 78, Sec. 661 Liquid waste II (k)(1) discharge prohibited Ch. 78, Sec. Solid waste II 661(k)(2) accumulation prohibited Ch. 78, Sec. 112 Building permit II required Ch. 14, Sec. 6 Animal nuisance II Ch. 14, Sec. 36 Animals depositing II excreta on public /private property prohibited SCHEDULE "A" Continued CODE SECTION DESCRIPTION CLASS Ch. 86, Div. 3, Pools- Clarity of III Sec. 194 water Ch. 78, Sec. 328 Hatracking of trees III (c) (1) prohibited Ch. 78, Failure to comply III Sec. 302 (a) with landscaping plan Ch. 78, Failure to comply III Sec. 742 (a)(2) with approved development order Ch. 78, Outdoor display of III Sec. 147 (a) merchandise Ch. 78, Certificate of III Sec. 113 (a) occupancy required Ch. 78. Sec. 182 Illumination of III uses and buildings Ch. 78, Landscaping plan III Sec. 304 required Ch.78, Landscaping III Sec. 329 maintenance required Ch. 78, Clear cutting of III Sec. 331 trees prohibited Ch. 66, Art. II, Occupational IV Sec. 46 license required Ch. 74, Sec. 65 Illicit discharge into IV stormwater system Ch.86, Art. V, Pools- barriers IV Div. 4, Sec. 222 required Ch.86, Art. V, Pools -Gates & IV Div. 4, Sec. 223 doors required Ch. 14, Sec. 33 Animals at large IV Ch. 38, Sec. 88 Fire Codes -Life IV safety SCHEDULE "B" Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The Sections of the Ordinance shall be codified in the City Code of Ordinances and may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption. 10 FINE COURT COSTS TOTAL Class 1 $50.00 $8.00 $58.00 Class II $75.00 $8.00 $83.00 Class III $125.00 $8.00 $133.00 Class IV $250.00 $8.00 $258.00 Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The Sections of the Ordinance shall be codified in the City Code of Ordinances and may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption. 10 PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR mat*1_l CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER SABATELLO COUNCILMEMBER CLARK , 2001. '2001. 2001. LAUREN FURTADO, COUNCILMEMBER CARL SABATELLO, COUNCILMEMBER DAVID CLARK, COUNCILMEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE 11 NAY ABSENT ADMINISTRATION § 2=262 at the primary municipal government office. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a) of this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this section, together with proof of publication or posting as provided in subsection (b) of this section, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. (e) This section shall not apply to notices of special meetings. (f) Notices shall contain at a minimum, the date, and time of the scheduled meeting of the code enforcement board during which time the alleged violator is required to appear; the name and address of the alleged violator, the address or legal description of the property wherein the alleged violations have occurred; and those codes or provisions of a code for which the alleged violator has been cited. (Code 1987, § 32.39) State law reference — Similar provisions, F.S. § 162.12. Secs. 2 -243 - 2-260. Reserved. DIVISION 4. ALTERNATE PROCEDURE FOR ENFORCEMENT* Sec. 2 -261. Issuance of citation. In lieu of and as an alternative to the procedure before the code enforcement board, a code inspector is authorized to issue a citation to a person when based upon personal investigation, the inspector has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. (Code 1987, § 32.40(A)) State law reference—Similar provisions, F.S. § 162.21(3Xa). Sec. 2 -262. Notice of violation. Prior to issuing a citation under this division, a code inspector shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code inspector finds that the person has not corrected the violation within the time period, the code inspector may issue a *State law reference — Alternate procedure for enforcement of city ordinances and code provisions, F.S. § 162.21. - CD2:23 § 2 -262 PALM BEACH GARDENS CODE citation to the person who has committed the violation. A code inspector does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code inspector has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (Code 1987, § 32.40(B)) State law reference — Similar provisions, F.S. § 162.21(3Xb). Sec. 2 -263. Contents of citation. A citation issued by a code inspector under this division shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code inspector. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Code 1987, § 32.40(C)) State law reference — Similar provisions, F.S. § 162.21(3Xc). Sec. 2 -264. Filing of citation. After issuing a citation to an alleged violator under this division, a code inspector shall deposit the original citation and one copy of the citation with the county court. (Code 1987, § 32.40(D)) State law reference — Similar provisions, F.S. § 162.21(4). Sec. 2 -265. Civil infraction. A violation of a code or an ordinance shall be a civil infraction, and the maximum civil penalty shall not exceed $500.00 per violation, provided however, if a person chooses not to contest the citation the civil penalty shall be no more than $250.00 per violation. Any person CD2:24 ADMINISTRATION § 2 -293 who willfully refuses to sign and accept a citation issued by a code inspector shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083. (Code 1987, § 32.40(E)) State law reference—Similar provisions, F.S. § 162.21(5), (6). Sec. 2 -266. Provisions supplemented. The provisions of this division are additional and supplemental means of enforcing codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its codes or ordinances by any other means. (Code 1987, § 32.40(F)) State law reference - Similar provisions, F.S. § 162.21(8). Secs. 2- 267 -2 -290. Reserved. ARTICLE V. FINANCE* DIVISION 1. GENERALLY Sec. 2 -291. Applicability of state law; definitions. (a) The finance, budget, and taxation matters of the city shall be conducted in accordance with F.S. ch. 166 and ch. 200, and all other applicable state statutes, and with the provisions of this article. (b) Whenever the words, terms, and phrases used in this article have been defined by F.S. ch. 166 or ch. 200, or by other applicable State statutes, they shall have the same meaning in this article, unless some other meaning is plainly indicated. (Ord. No. 16 -1997, § 1, 5 -1 -97) Sec. 2 -292. Fiscal year. The fiscal year of the City of Palm Beach Gardens shall begin October 1 of each year and end September 30 of the following year. (Ord. No. 16 -1997, § 2, 5 -1 -97) Sec. 2 -293. Appropriations. (a) Annual appropriations of amounts to the respective funds of the city shall be accom- plished through the annual budget of the city, which shall be adopted in accordance with F.S. ch. 200, and all other applicable state statutes, and with the provisions of this article. *Charter reference Finance and taxation, art. XI. Cross references — Interim solid waste services and facilities fee, § 54 -111 et seq.; taxation, ch. 66. ' State law reference — Finance and taxation, F.S. § 166.101 et seq. Supp. No. 6 CD2:25 PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES 162.21 Enforcement of county or municipal codes or ordinances; penalties. 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances. 162.23 Notice to appear. 162.21 Enforcement of county or municipal codes or ordinances; penalties.- - (1) As used in this section, "code enforcement officer" means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality. (2) A county or a municipality may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or firesafety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085- 943.255. Nothing in this section amends, alters, or contravenes the provisions of any state - administered retirement system or any state - supported retirement system established by general law. (3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. (b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the municipality and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 9 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court. (5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation of this section shall provide: (a) That a violation of a code or an ordinance is a civil infraction. (b) A maximum civil penalty not to exceed $500. (c) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation. (d) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance. (e) For the contesting of a citation in county court. (f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section. (6) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 1(7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of building codes adopted pursuant to s. 553.73 as they apply to construction, provided that a building permit is either not required or has been issued by the county or the municipality. For the purposes of this subsection, "building codes" means only those codes adopted pursuant to s. 553.73. (8) The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from enforcing its codes or ordinances by any other means. History. - -s. 11, ch. 89 -268; s. 7, ch. 94 -291; s. 1'; -1-1, ch. 95 -147; s. 3, ch. 96 -385; s. 4, ch. 98 -287; s. 115, ch. 2000 -141. 'Note. -- Section 4, ch. 98 -287, effective July 1, 2001, as amended by s. 115, ch. 2000 -141, amended subsection (7) to read: (7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the county or the municipality. 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances.--The governing body of a municipality may designate the enforcement methods and penalties to be imposed for the violation of ordinances adopted by the municipality. These enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest for violation of municipal ordinances as provided for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $500, and may be sentenced to a 10 definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law. History. - -s. 1, ch. 94 -255. 162.23 Notice to appear.- - (1) Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1) and (2), may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. (2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible. History. --s. 1, ch. 96 -385; s. 7, ch. 99 -360. 11 CD a O n O co < =' CD _ v < v C7 v Q CL =' -n W cn 3 3 0 CD 5 v �' rn CD cn CD o c 0� CD v CD 0 M cr cn' �, �, CCDD -0 CD r CD C.0 CD- � 0 Cn CD CD �Q m O NJ =r CD CJ10 O—< n 0 oCDO v' :3 I+� °C °� w� _ �� -v v 003 p CD cn �. o v. O_ o ^. Q CD CO DO 0 cn °0 °CD ,� CD 0 0 -v 3 CL 0 (D cn CL 0 70 CD v m c o 0 0 G) �' ca v CD CD v �3 CL O O 0 CD CD CD m CD a n CD co < =' CD 0000 v v C7 v Q CL =' -n W cn 3 3 0 CD 5 v �' rn CD cn m� 3 M 0� ° v m5,0 co <D 0 M v Q (n — cn' �, �, =3 ,-. O CD 0 3 w Q- o � 0 Cn CD M m O NJ =r C' "D O—< CD C (D CO Q O _ CD —• O < CL CD O_ DO O cn O 0 0 0 -v CL a cn CL z . 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 4, 2001 Revised on: September 24, 2001 SUBJECT /AGENDA ITEM Discussion of Notice of Proposed Change to modify the Planned Community District and Master Plan of the Regional Center Development of Regional Impact (DRI) to allow certain land -use conversions, roadway reconfiguration, and an increase in the total commercial square footage permitted by the Development Order. RECOMMENDATION The applicant requests direction from the City Council regarding proposed amendments to the Notice of Proposed Change to the Regional Center DRI. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attor ey Growth Management Total [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ]Denied Other NA — Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other • Letter of 9 -18 -01 from Urban Design [ ]Required Studio Fltt d b��CC � rowth Man C ement Affected parties Budget Acct. #:: Director X Notified [ ] None A d b i� [] Not Required 0 r Is City Council Meeting Date: October 4, 2001 Date Prepared: September 24, 2001 Petition DRI /PCD -00 -01 REQUEST: Urban Design Studio, agent for Catalfumo Construction and Development, Inc., is requesting direction from the City Council regarding a Notice of Proposed Change (NOPC) and an amendment to the Planned Community District for the Regional Center DRI located at the northeast corner of PGA Boulevard and Alt. A -1 -A. The proposed revisions to the NOPC are described in the attached letter dated September 18, 2001, from Urban Design Studio. BACKGROUND: On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, open space and community use. The Development Order currently permits the development of 1,440,000 square feet of retail, 1,210,000 square feet of office (business), 356,150 square feet of hotel (419 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on April 19, 2001, by Resolution 36, 2001. The previously- adopted NOPC allowed the following: • Designating approximately eight -acres as oak hammock preserve, per Condition 4 of the Development Order; • Converting approximately 9.3 acres from "Office /Hotel /Community Use" to "Multifamily /Office /Community Use." The conversion will result in converting 151 hotel rooms to 213 residential units on "Parcel 2," which will become "Parcel 4" bearing the designation of "Multifamily /Office /Community Use "; • Combining all the residential parcels located in the northeast portion of the DRI into a 104 - acre unified parcel (Kolter property); • Reconfiguring the water management tract to redesign the drainage system and to accommodate the proposed oak hammock preserve, which is located north of the water management tract; and • Reconfiguring the internal roadways on the Kolter property by changing the alignment of the Loop Road to accommodate the proposed location of the oak hammock preserve and the proposed development. The Development Order has been previously amended six times. Currently there is only one pending NOPC, which is the subject of this petition. 2 City Council Meeting Date: October 4, 2001 Date Prepared: September 24, 2001 Petition DRI /PCD -00 -01 PROPOSED MODIFICATIONS: The applicant had recently proposed to make the following changes to the adopted Master Plan of Development or Map H (please see map attached). • Reconfiguration of the alignment of Victoria Gardens Drive; • Relocating the two -acre Neighborhood Commercial parcel (Parcel 6) to the eastern portion of Parcel 4, which is located immediately east of Victoria Gardens Drive, the water management tract to the east and south, and Gardens Parkway to the north; • Redesignating the current Neighborhood Commercial parcel as a two -acre Multifamily Residential (an increase in residential acreage but not in number of units); • Relocating the Multifamily Residential (Parcel 4) to the east of the water management tract. This parcel is currently located south of Gardens Parkway, east of Victoria Gardens Drive, and bounded by the water management tract on the east and south; • Redistributing the acreage of the six -acre Community Use /Arts site (Parcel 7) equally between the parcels located east of the water management tract and the community serving open space land use categories. Community serving open space is increased from 92 to 95 acres. The applicant has also agreed to provide a 30,000- square foot pavilion for public use to be located west of the lake. Park furniture, landscaping, and maintenance of the pavilion will also be provided by the applicant; • Increasing the square footage of commercial uses by 278,888 square feet. This will not change the intended mix of uses within the DRI because the City and the review agencies have requested and the applicant has agreed to establish minimum square footage thresholds for each approved use designated on Map H. This essentially ensures that the intended proportion of mixed uses within the DRI is maintained; and • Amending Condition number 1 of the Development Order of the Regional Center DRI to establish and adopt a conversion matrix containing conversion rates for the approved uses. This would allow the conversion of one use to another without having to initiate an NOPC, provided the various regional and state agencies are notified of such conversion. STAFF ANALYSIS: The proposed changes were presumed to be substantial deviations to the approved DRI. However, the applicant has rebutted the presumption of substantial deviations by clear and convincing evidence with respect to all of the proposed modifications, according to regional and state agencies. However, the City Engineer's office has raised a concern with respect to the relocation of the 3 City Council Meeting Date: October 4, 2001 Date Prepared: September 24, 2001 Petition DRI /PCD -00 -01 Neighborhood Commercial Parcel on grounds that it may lead to an increase in additional external trips over and beyond the total number of trips approved for the Regional Center DRI. This concern can be overcome by imposing several restrictions on the type of uses, access, and signage for this parcel so that it remains totally internal to the DRI. The applicant has agreed to these conditions on the proposed relocation of Parcel 6. The Florida Department of Community Affairs and the Florida Department of Transportation have raised no objections to this alternative. LOCAL PLANNING AGENCY RECOMMENDATION: On April 10, 2001, the Local Planning Agency held a public hearing to consider the subject petition and unanimously recommended approval of the proposed modifications to the Development Order of the Regional Center DRI. PREVIOUS CITY COUNCIL ACTION: On May 17, 2001, the City Council continued the public hearing to June 7, 2001. The applicant requested that this item be placed on the agenda for the City Council meeting on August 2, 2001, in order to allow the applicant to meet with various parties regarding this petition. On August 2, 2001, the City Council tabled this application indefinitely due to concerns about the amount and type of commercial land uses fronting on PGA Boulevard and the conversion of the community open space parcel to other land uses. STAFF RECOMMENDATION: Staff recommends the City Council discuss the proposed amendments to the NOPC and provide direction to the applicant and staff. G:SC /DRI - NOPC- 00- 01 - cc.doc 4 ,, September 18, 2001 tv 4F��gC� .pj 2�F Charles Wu, Growth Management Director �Fytir Growth Management Department City of Palm Beach Gardens g 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: The Regional Center DRI - Parcel 27.12 et al NOPC- Summary of Discussion Points in Response to City Council Comments Our reference # 98003.46 Dear Charles: Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In preparation for the October 4t" City Council Meeting to request direction, I have prepared a summary of the major points of discussion. The points of discussion are based on comments received at the August 2, the 2001 City Council Meeting and on -going conversations. Enclosed for reference is the Currently Approved Regional Center DRI Master Plan- Exhibit H, and the Proposed Exhibit H along with the accompanying Exhibit A- Revised Development Order 1 (updated to reflect the Proposed Exhibit H) and Exhibit B- Neighborhood Commercial Uses (to clarify the types of uses permitted). The points are discussed in terms of the changes from the currently approved Exhibit H. References to the Proposed Master Plan- Exhibit H are found in italics and parenthesis in the discussion text below. A summary of the Notice Of Proposed Change (NOPC) Application is also provided at the end of this letter. POINTS OF DISCUSSION 1. LIMITATION OF THE LOCATION OF RETAIL (LAY -Z -BOY) In response to concerns raised for the kind of retail to be developed on PGA Boulevard. The proposed NOPC would further restrict the locations of retail uses. Parcels 27.05 (aka Retail 1) and 27.06 (Retail 2) which were previously approved for additional Regional Retail square footage would not be available for any additional retail conversion under the Matrix. Parcel 27.05 would no longer have retail use associated with the parcel as that use would be relocated to a parcel west of the water management tract that lies west of the mall. (See *B \ \Uds_server\SYS \COMMONUobs\ Region] CenterDRI\ 27 .12\2712NOPCdirection.finemo.091 SOI. WPD LCC35 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 NOTE: found on Exhibit H.) A site specific land use convenant for Parcel 27.05 is also being proposed for Council consideration. Parcel 27.06 would be further restricted in terms of the types of retail use that would be permitted Furthermore, the Conversion Matrix would be limited to allow retail conversions to occur only on parcels west of the water management tract that lies west of the existing mall (a.k.a. the Menin property). (See +NOTE: on Exhibit H.) 2. ELIMINATION OF RESIDENTIAL LAND USE Residential Land Use 4 currently located south of Gardens Parkway and west of the existing mall and west of the water management tract would become Regional Retail/Office /Hotel (Cinema/Restaurant). This creates a need for a conversion rate for residential units which is being proposed. A new minimum for Residential Use of 1647 units is being established (previously the minimum and maximum were the same number, 1813 units.) This requires the conversion rate analysis previously provided by Kimley -Horn to be updated. (See the Range of Floor Space Allocation For Land Uses on Exhibit H.) A new minimum for Office - Business Use of 1,018,900 square feet (previously the minimum was established at 902,437 s.f.) has also been established. (See the Range of Floor Space Allocation For Land Uses on Exhibit H.) 3. RECONFIGURATION OF THE COMMUNITY USE (CULTURAL ARTS) PARCEL Based on the last discussion there are several options being examined and the applicant is looking for direction from the Council. The applicant offers: A. The 3 acres of community use open space as an active public gathering area including the water management walk and Menin project promenade and plazas; and B. To maintain a 1.5 acre passive open space parcel 7 that connects to the east side of the water management tract, west of the mall; and C. To provide funds to the City for an off -site facility of its choosing. 4. SIMULTANEOUS REVIEW AND APPROVAL OF THE NOPC and PENDING SPR APPLICATION FOR MENIN Based on the Council comments as well as a desire to ensure that issues are addressed as provided for in the NOPC, it would be necessary to process theses application simultaneously. \ \Uds_server\SYS\ COMMONU obs\ RegionalCenterDRi \27.12\2712NOPCdirection.f nemo.091801.WPD LCC35 Page 2 of 3 THE NOPC CHANGES CAN BE SUMMARIZED AS FOLLOWS: 1. The establishment of a conversion matrix with the minimum and maximum floor space /units by land use category and companion note that prohibits retail conversion on PGA Boulevard and limits retail conversion to the west side of the water management tract. 2. Relocation of the Neighborhood Commercial Use (to what was previously residential land use) and corresponding relocation of Residential Use (to what was previously the neighborhood commercial site.) 3. Reconfiguring West Avenue a.k.a. Victoria Gardens Drive to allow the road to be design consistent with a site plan while maintaining public access and the alignment of intersections. 4. Reconfiguring the 6 acre of Community Use parcel 7 to a 1.5 acre passive open space park. Additionally, 3 acres of active pedestrian oriented community serving open space connected to the water management tract and an off -site contribution to a community serving facility will be provided. 5. The elimination of residential use south of Gardens Parkway which becomes a combination of Regional Retail and Neighborhood Commercial uses. 6. Further reducing the amount of Regional Retail use permitted on PGA Boulevard. I believe this outlines the issues we have discussed to date. We look forward to reviewing these points with the Council Members. Please don't hesitate to contact me with any questions or if you require additional materials. Thanks for you time. V Dodi Buckmaster Glas, AICP cc: Ken Blair, Mall Properties Ltd. Pete Pimentel/Tracy Robb, NPBCID John Gary, GD &R \ \Uds_server\SYS\ COMMON\ Jobs\ RegionalCenterDM7. 12\ 2712NOPCdirection.finemo.091801. WPD LCC35 Page 3 of 3 • s RESOLUTION 81 2001 EXHIBIT A AMENDED DEVELOPMENT ORDER CONDITION #1 The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes 1 and II and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983. 1 Notwithstanding anything to the contrary in the Application for Development Approval ( "ADA ") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail/Office/Hotel (1), Office/Hotel/Community uses (2), or Research/Office/ Service Community Uses (3); provided the total square footages for uses are consistent with the Conversion Rates below and do not exceed any of in the Range of Floor Space Allocations on Exhibit H and restated below cre = c :occdcd and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the locations) of the Major Road Systems as shown on Exhibit H. PARCEL 27.12 NOPC LAND USE CONVERSION RATES From Intensity To Intensity R & D Office 1 ft.2 Retail 0.422 sf Hotel 1 room Retail 257.229 sf Business Office 1 ft.2 Retail 0.219 sf Residential 1 du Retail 272.88 sf Residential I du Business Office 482.386 sf Hotel 1 room Business Office 708.245 sf RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE MINIMUM MAXIMUM Neighborhood Commercial 26,000 sf 26,000 sf Regional Retail,Restaurant, 1,440,000 sf 1,718,888 sf Cinema Office - Business 1,018,900 sf 1,210,000 sf Office - Research Serivice 73,440 sf _ 235,200 sf Hotel 118 rooms /100,300 sf* 449 rooms /381,650 sf* Residential 1,647 du/1,647,000 sf* 1,813 du /1,813,000 sf* TOTAL 4,305,640 sf 5,384,738 sf - oquare rootage numoers are estaonsned as an estimate and may vary from actual development. Room/unit counts will be the actual determinate of the use for both Hotel and Residential categories. Any conversions of land uses pursuant to the Conversion Rates above will include a written notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast Regional Planning Council upon the filing of a development application with the City of Pahn Beach Gardens. All such conversions will also be addressed in thr. Annual Report. \ \Uds_s'meMYS\COMMONUobs\ Region [CentmDR1127.12WaNOPC2712.091 g0l.wpd LCC35 RESOLUTION 81 2001. THE REGIONAL CENTER DRI MASTER PLAN EXMBIT H EXHIBIT B. . PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Drugstore or Pharmacy Floral or Florist Shop Fruit and. Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank /Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry, Self Service Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public . Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: L Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate AlA. 4. Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). uTra.. ,.......,. xevc�rnn ,rx,rnwnr„w,.tne..:....., ire.. m. PAT177171Mo: nhhrnhnnrl ('.nmmPminlTTercff141d01 tvnri C9 o kR cq c6 0 d Ci R q rl cq III C4 0 cl W d. a �d g g w lui P 03 x 00 0 r `3 0 0 lo I I IL Ir ELM . 9 0 P. U 1:0 0 w 0 0 mo EL ow WIN lx= u 0 2 -07 H 0 -H H UtV011 SWHVJ Uffl3dMld 9H Bg -7 via o A Hill pill I 0 0 co 0 7 0 $ 0 � r Q N c0 M . V N N Ri, O O M W a N (o CS 10 N C O N - N to ai < r n N N N O n v O O ai a eg iW N M' O N Lo Lzu y O e W y F 2 W � �� 4� Z � � Q 8a � ggd M s o> U o W N 0 0 ito M n ° n z oo adai Im d U LJ �I n� oWC a .4J O C o° � ►a- � as �� I — oy�,r<o h rco$gc� oLL�aom LL ��okok�w H R.W. A 4 e y� 9� 4B W ¢ � � S y Ie 6 s Jill] Y pI ' � oa i Cd ^y £figg IN 9 f4 N N # #� . CL 0 W a 0 0 N r 0 o _ ID o 0 M O' W LL 2 w N u z W a J Q T Z0 OW m W ee�a a OaLL :i 110 H . ay�Qta � �w w�° �f BF, H= 3 auy¢�Z� uUf m NQ �OZ @�g ZN� Olt as �� I — oy�,r<o h rco$gc� oLL�aom LL ��okok�w H R.W. A 4 e y� 9� 4B W ¢ � � S y Ie 6 s Jill] Y pI ' � oa i Cd ^y £figg IN 9 f4 N N # #� . CL 0 W a 0 0 N r 0 o _ ID o 0 M O' W LL 2 w N u z W a J Q T Z0 OW m W nOo!; ee�a #3i E °MU nOo!; N T E R MEMO O F F I C E To: Honorable Mayor and City Council From: Leonard G. Rubin, City Attorney cc: Ron Ferris, City Manager Subject: Litigation Report Date: September 21, 2001 City of Palm Beach Gardens v. Charles Vavrus. The City filed suit against Charles Vavrus, the owner of approximately 4,700 acres of land, to prevent the harvesting of trees and the clearing of land without the required permits, applications and approvals. The Circuit Court entered an injunction in favor of the City, and Vavrus appealed. The Fourth District Court of Appeal affirmed the entry of the temporary injunction. The City then sought the entry of a permanent injunction. The case was set for trial when Vavrus filed a counterclaim for inverse condemnation. Vavrus has filed a motion to amend his counterclaim to assert new claims alleging violation of his constitutional rights to due process and equal protection. The motion to amend the counterclaim is currently before the court. The case is now once again in the discovery phase. Vavrus also filed an appeal from the Code Enforcement Board order finding him in violation of the City Code, levying fines against him, and imposing liens against his property. The Circuit Court Appellate Division recently affirmed the order entered by the Code Enforcement Board. Vavrus filed a motion for rehearing, which was denied by the Court. Vavrus recently filed a Petition for Writ of Certiorari with the Fourth District Court of Appeal, seeking review of the Circuit Court's decision. The Court has yet to issue an order requiring the City to file a Response. This City has been represented by this office in all matters except the counterclaims filed by Vavrus. Roberts & Reynolds (insurance counsel) is representing the City with respect to the counterclaims. 2. Suffolk Construction Co. v. City of Palm Beach Gardens. Suffolk filed suit in Circuit Court for damages arising out of the contract between the City and Suffolk relating to the construction of the Municipal Complex. The parties settled all issues at mediation, with the exception of Suffolk's entitlement to additional monies for overhead expenses incurred prior to February 10, 1999. The parties again attempted to mediate this issue with no success. The City has filed an Answer and the case is proceeding to the discovery phase. City of Palm Beach Gardens Litigation Report September 21, 2001 Page 2 The City is represented by Stanley Klett of this office. 3. Adolf Alexandre v. City of Palm Beach Gardens. Alexandre filed suit in Circuit Court against the City seeking damages for alleged violations of the Florida Civil Rights Act of 1992. Alexandre was a probationary police office who was terminated prior to the expiration of his probationary period. The City has filed an Answer and the case is proceeding to the discovery phase. The City is represented by Johnson, Anselmo, Murdoch, Burke & George (insurance counsel). 4. City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation and Bankers Life and Casualty Company. The City filed suit in United States District Court for the Southern District seeking to recover the costs incurred for the remediation of the soccer fields from the MacArthur Foundation and Bankers Life, prior owners of the property. The City is also seeking damages against the Foundation for breach of the agreement whereby the Foundation sold the recreation field property to the City in exchange for park and recreation impact fee credits. Banker's Life has filed an Answer. The City has met with the Foundation in an attempt to settle this matter and will continue to pursue settlement discussions. The City is represented by Ruden, McClosky, Smith, Schuster & Russell. 5. Dennis O'Rourke v. City of Palm Beach Gardens. FormerAssistant Police Chief O'Rourke filed suit in Circuit Court seeking damages forthe City's alleged violation of the Florida Whistle Blower's Act and the denial of his First Amendment right to Freedom of Speech. The City terminated O'Rourke's employment at the conclusion of an Internal Affairs Investigation into his conduct. This City is represented by Roberts & Reynolds (insurance counsel). 6. Charles Vavrus v. Mayor Joseph Russo, Vice Mayor Eric Jablin, et al. Charles Vavrus filed suit against each of the Councilmembers, City Forester Mark Hendrickson, former Growth Management Director Roxanne Manning, and former City Manager Bobbie Herakovich in their individual capacities, seeking damages for purported violations of federal law relating to the City's regulation of his property. The case has City of Palm Beach Gardens Litigation Report September 21, 2001 Page 3 been removed to federal court and counsel for the City has filed Motions to Dismiss. Counsel for the City has also filed a notice of intent to seek sanctions against counsel for Vavrus for filing a complaint not well founded in fact or law. The City's elected officials and employees are represented by Roberts & Reynolds (insurance counsel). If you should have any questions about any of these matters, please do not hesitate to contact this office. P AC PW in \H 1 STORY\010911 A \47D. E9(319.000) M E M O R A N D U M WATfERSON, HYLAND & KLETT, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney cc: Ron Ferris, City Manager Carol Gold, City Clerk Stanley D. Klett, Jr., Esquire Subject: Suffolk v. City of Palm Beach Gardens ( "Shade Meeting ") File No: 319.072 Date: September 25, 2001 The purpose of this memorandum is to request the scheduling of a private meeting with the members of the City Council pursuant to Section 286.011(8), Florida Statutes, to discuss the pending litigation with Suffolk Construction Company. This office needs the Council's advice and wishes to discuss strategy relating to litigation expenditures. Because this private session or "shade meeting" must be commenced at an open meeting, we request that it be scheduled as part of the October 18, 2001 City Council meeting. Stan Klett of this office, who is handling this matter on behalf of the City, will be in attendance at the "shade meeting" to discuss the matter in detail. 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READ AT THE PALM BEACH GARDENS CITY HALL MEETING Joe Russo Oct 04, 2001 Major of Palm Beach Gardens Subject: PGA Boulevard at Alternate, AIA Grade Separation Palm Beach County Dear Mayor: This is a follow up on my letter of August 28, 2001 to Mr Dominic Calabro, also sent to your office. On September 05, 2001 there was a Metropolitan Planning Organization meeting at the Palm Beach Gardens library. Residents attending the meeting were very surprised that no City representative was present at the transportation plan presentation. The MPO plan calls for a railroad station in Palm Beach Gardens. Their map shows a location just north of PGA Blvd. In the City's 20 years traffic plan does it show the same location ?. There is concern that the proposed 10 acres Preserve at the NE corner of parcel 5A could be used as a Park & Ride area. With a railroad station in that area, passengers coming off the Tri-Rail or Amtrak trains and going to the Gardens Mall would use the proposed at -grade railroad crossing at great risk. The City says that they will get a quiet zone for all the railroad crossings in Palm Beach Gardens including the proposed Kyoto Drive. Would a quiet zone be possible so near a railroad station ?. As you know the residents of Garden Woods and FEC Railway are opposed to an at -grade railroad crossing at Kyoto Drive due to more noise to the neighborhood and safety to motorists. Railroad stations are also not particularly quiet. The FDOT Jupiter Indiantown Intercoastal bridge looks very nice and it did not cost one penny to its residents. If Palm Beach Gardens could borrow $ 3,400,000 for esthetic on the future FDOT PGA Flyover, surely the following can be done. For a safe and noiseless crossing at Kyoto Drive it may not cost the City anything because it could be financed with impact fees. With this new situation of a future railroad station just north of PGA Blvd; on behalf of the residents of Garden Woods I respectfully ask the Council to request FDOT to review the PGA Flyover SW ramp so that it could accommodate, at a later date, an overpass roadway instead of an at -grade crossing, for motorists and pedestrians. Based on the Palm Beach Lake Blvd & Dixie Hwy overpass roadway in West Palm Beach, the ramp going over the railroad crossing is less than 200 feet on each side. The FDOT would save the taxpayers more than $ 500,000. A railroad station is not easy to plan. It must be safe, practical, attractive and as quiet as possible to the Garden Woods residents. I look forward to hearing from you. Very truly, i' Roger Blangy rincipal en Woods Representative) 11658 Hemlock Street Palm Beach Gardens F133410 cc: Honorable Jeb Bush, Governor Thomas F. Barry, FDOT Secretary Rick Chesser, FDOT District 4 Secretary Karen Marcus, Palm Beach County Commissioner Palm Beach Gardens City Council Dominic M. Calabro, President & Chief Executive Officer Florida Tax Watch John McPherson, FEC Railway President & Chief Operating Officer Randy Whitfield, Director Metropolitan Planning Organization Gerry O'Reilly, FDOT Acting Director of Planning & Production Charles K. Wu, Palm Beach Gardens Growth Management Director Leslie Schonder, FEC Railway Manager- Engineer Kenneth A. Blair, Executive Government Liaison Catalfumo Company Steven B. Cramer, Palm Beach Gardens Principal Planner Daniel P. Clark, Palm Beach Gardens City Engineer Patrick Glass, FDOT Project Manager Howard Webb, FDOT Design Engineer Janice Bordelon, FDOT Central Rail Office Tallahassee Nadir Rodrigues, FDOT District 4 Railroad Coordinator Ian N. Biava, Reynolds, Smith and Hills, Inc Project Manager September 1983 The goal of establishing a concentration of "downtown activities" (Regional Center) will be arrayed in this setting of a ,jg tral park, a And inter- connection pedestrian /bicycle /and jogging paths. The Regional Center may also include privately owned special rcreational facilities. Privately owned and operated recreational facilities are dependent upon the demand for a particular recreation as well as the availability of an owner for the facility. These recreational activities cannot be identified at this time but they may include such facilities as bowling alleys, health center, racquet ball and tennis clubs, theatres, and ice skating and /or roller skating rinks. Land d allocated for community purposes is set aside for , ..�:.. . possible use as an art center, library, public safety building or other community activities. This land wou be transferred at appraised value to the,appropriate institutions, when they demonstrate the desire and abil to construct such facility. A� A emer� - TA 27-2 f j� N k,xcer pt' QUESTION 27 -C Will parks and open space be dedicated to the city or county? If not, who will maintain the facilities? ANSWER 27 -C The park will either be donated to the City of Palm Beach Gardens or to a property owners' association, with maintenance being the responsibility.of the organization receiving the donation. The Regional Center site is part of a growing centralized core of facilities in the PGA -AlA area, which already includes a large site for the Palm Beach Junior College, the North County Courthouse facilities, and proposed business site PUD's south of PGA Boulevard. It is not yet possible to define what cultural /recreational /educational iL f facilities will be provided at the Junior College or what institutions might locate either in the surrounding areas or on the proposed site. The Bankers Land Company is in close contact with these institutions and the social needs of the communities through its social planning office. 27 -5 s 0ke q1c CI;Ll - '(s ce �s ( -f i C)- � — N �ti �i i9-� -c S Ov�:,s % V�� � �-Scs • �1� ��cyQ� � _ . 62� ©e� lam' deeg�gm� 117� -77 C CIA Is e- vim, &C U 6A J 61, 6 0 r4A v d' J p P- pte, � s •r (F�a/ 2 S; Ft4, � �WPNTS �C.�ILL i�CT fir= f j20.� �/�1 t2 Dt`NS , �ev i t ryL o kow iI7l� =ge Iglu' I11 Ill �r'I Ill lF 1 Y;F�Ffg lil�6 � E� IiF �IE {� IE��I��i lr�-�€ PM I {IoiFF g grl I I I Iii@ �1I E =ie €{ oil R {allppp lyr li�� �oEF ,Er�l�� � �J J{ll Fi" 0 i {i 11"li �I °i i°IA €�iF' i3FI�Et�6lil ejP € "� 01 j F 1P IH Iis iI7l� =ge Iglu' I11 Ill �r'I Ill lF 1 Y;F�Ffg lil�6 � E� IiF �IE {� IE��I��i lr�-�€ PM I {IoiFF m 0 m a raj ;i All € " s g a _ =x y V 4 0 R i E= em I' � s Iva gis C1 S � Z m 0 m a raj ;i All € " s g a n I a 1 iY i E= 3 R! s Iva gis C1 S �IFg� K�Eaa�t�x�� g m }C I r r R} 1 R R# Rtl # R li � � 7 15 c� 3 m i c N a El O 'I ®g to s 9 8 4 1 lj i i W ge 9,�• 1. /vim —�_: j'•It9 Jill, =1I z IE� L � Ryder Substation :r �E €;ill' ` � °xiii ors �llltr1,�, E g$3 �� N Palm Beach Gardens, Florida Plant List and Details {lllpl,g0 > > e S E< a s r g gis g m }C I r r 9,�• 1. /vim —�_: j'•It9 Jill, =1I z IE� L � Ryder Substation :r �E €;ill' ` � °xiii ors �llltr1,�, E g$3 �� N Palm Beach Gardens, Florida Plant List and Details {lllpl,g0 > > CITY OF PALM BEACH GARDENS MEMORANDUM Ak: TO: Mayor and Councilmembers DATE: Oct. 2, 2001 APPROVED: Ron Ferris, City Manager FROM: Charles K. Wu, Growth Management Director SUBJECT: NOPC and Sign Package forrct. 4 Council Meeting The Growth Management Department has received a request from the Catafumo Company to move Item XIII.a. Regional Center NOPC discussion before X.a. Resolution 148, 2001, Parcel 27.05/06 Sign Package. Both items are scheduled for consideration for the Council Meeting of Oct. 4, 2001. The request was made since the two items are related. Also, there is substantial public interest on the NOPC discussion. As we advised the applicant, it is the Council's prerogative whether to amend the agenda as requested. Please call me if you have any questions or require additional information. C: Ryan Johnston, Cataf imo Steve Cramer, Principal Planner Carol Gold, City Clerk